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Trust Deed for Charitable Initiatives

This document establishes an irrevocable charitable trust called the "XXXXXXXXXX Charitable Trust" with the aim of improving facilities in the village of Xxxxxxxxxx over 5 years. It transfers Rs. 1001 to the trust and outlines the trustees and management of the trust. The trust's objectives are to provide housing, water, electricity, nutrition, education, healthcare and livelihoods to residents of Xxxxxxxxxx Gram Panchayath irrespective of caste, creed or religion. Decision making will be done by a board of 5-21 trustees through simple majority voting.
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0% found this document useful (0 votes)
37 views8 pages

Trust Deed for Charitable Initiatives

This document establishes an irrevocable charitable trust called the "XXXXXXXXXX Charitable Trust" with the aim of improving facilities in the village of Xxxxxxxxxx over 5 years. It transfers Rs. 1001 to the trust and outlines the trustees and management of the trust. The trust's objectives are to provide housing, water, electricity, nutrition, education, healthcare and livelihoods to residents of Xxxxxxxxxx Gram Panchayath irrespective of caste, creed or religion. Decision making will be done by a board of 5-21 trustees through simple majority voting.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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DEED OF TRUST

This DEED OF TRUST executed this 22nd day of September


2008 by Shri X. XXXXXXXXXX XXXXX, son of Late XZ.
XXXX XXXXXXXXX, aged about XX years, XXXXXXX
XXXX, Kundapura Taluk, Udupi District, Karnataka-
000000, hereinafter referred to as the AUTHOR of the
TRUST:

1. WHEREAS Xxxxxxxx, a typical Indian village on the


peripherals of dense forests, lacks proper public
facilities. The people of Xxxxxxxxxx, the surrounding
hamlets and villages lead a life, the quality of which is
at the most very basic. Many villagers are deprived of
basic necessities like permanent shelters, potable
water, toilets, electric power, healthy food or basic
medical facilities. Therefore, the Author, who hails
from a respectable family of the village, is desirous of
constituting an IRREVOCABLE PUBLIC CHARITABLE
TRUST in the name and style of “XXXXXXXXXX
CHARITABLE TRUST”, hereinafter referred to as the
“TRUST” for the purposes and objects of public
charitable nature as hereinafter mentioned.

2. WHEREAS with the said intent the Author has set


apart a sum of Rs.1001 (Rupees one thousand one
only) which he has handed over to the Trustees
hereinafter mentioned, to hold the same upon the trust
together with all income exclusively and wholly for the
intents and objects hereinafter mentioned.

3. WHEREAS the Author of the TRUST desires to reduce


in writing the terms of the Trust.

4. NOW THIS DEED WITNESSES AS FOLLOWS:


a. The Author of the trust has this day transferred
unto the Trustees a sum of Rs.1001 (Rupees one
thousand one only) as the trust property and has
assigned, transferrd and delivered the same to
the Board of Trustees to be held upon trust,
together with all the income thereto wholly for
the intent, purposes and objects herein
contained not involving any activity for profit.

b. The Board of Trustees shall hold the Trust


properties for fulfilling the objects enshrined in
the Trust Deed and shall not have any manner of
right, title, and claim or interest whatsoever in or
upon the Trust property, the corpus and income
of the Trust.

c. The name of the TRUST shall be


“XXXXXXXXXX CHARITABLE TRUST”.

d. The registered office of the TRUST shall be at


Xxxxxxxxxx, Kundapur Taluk, Udupi District,
Karnataka-000000 or such other place as the
Board of Trustees may determine from time to
time.

e. AIM OF THE TRUST :

i. The Trust aims to make Xxxxxxxxxx


Gram Panchayath a model Panchayath,
in 5 years.

f. OBJECTS OF THE TRUST:


i. Projects
a. Constructing permanent residences to all the
families in Xxxxxxxxxx Gram Panchayath
area.
b. Constructing toilets in all the houses in
Xxxxxxxxxx Gram Panchayath area.
c. Providing good potable drinking water to all
the houses in the Xxxxxxxxxx Gram
Panchayath area.
d. Providing electricity to all the houses in the
Xxxxxxxxxx Gram Panchayath area.
e. Providing additional nutritious food to all the
families those are below the poverty line in
Xxxxxxxxxx Gram Panchayath area.
f. Providing health and medical facilities to all
the families those are below the poverty line
in Xxxxxxxxxx Gram Panchayath area.
g. Providing primary and high school education
to all the children in Xxxxxxxxxx Gram
Panchayath area and providing education to
illiterates.
h. Providing Life Insurance to all the families in
Xxxxxxxxxx Gram Panchayath area.
i. Providing employment to all the deserving
persons in Xxxxxxxxxx Gram Panchayath
area.
j. To do all that is incidental, necessary and
expedient for achieving the above objects.
ii. Community Programmes - Providing the
following facilities in the Panchayath
area.
a. Irrigation facility for Agriculture.
b. Support to dairy farming.
c. Maintenance of rural roads.
d. Providing loans to agriculture and dairy self
employments.
e. Providing markets for agricultural and dairy
produces.
f. Welfare schemes for scheduled castes,
scheduled tribes and backward community.
g. Hostels for the boys and girls belonging to
backward community.
h. Ambulance service.
i. School vehicle facilities.
j. Telephone facilities
k. Cultural and religious service centre:-
- Renovation of temples, masjids,
churches and other religious
centers.
- Constructing marriage halls,
community centers, etc.
- Supporting cultural activities.
- Supporting mass marriages.
l. To do all that is incidental, necessary and
expedient for achieving the above objects.
iii. The trust, if it deems fit, may
implement its objects in a
geographical area other than that of
Xxxxxxxxxx Gram Panchayath.

5. THE BENEFITS OF THE TRUST SHALL BE OPEN TO


ALL, IRRESPECTIVE OF CASTE, CREED OR
RELIGION.
6. The funds and income of the Trust shall be solely
utilized towards the achievement of the objects and no
portion of it shall be utilized for payment to Trustees
by way of remuneration, profit, interest, dividend, etc.
7. The trust hereby created shall be IRREVOCABLE.
8. The “Trust Property” shall mean and include the said
sum of Rs. 1001/-(Rupees one thousand and one only)
set apart by the Author and further grants, donations
and contributions of money and/or property, movable
or immovable, that may be made by the Author or
others from time to time and other accumulations and
accretions thereof and funds that may be collected by
the Board of Trustees through donations,
contributions, charity shows, programmes, hundi
collections, government grants, contributions, etc.
9. The Trust property shall vest in the Board of Trustees
who shall hold, manage and administer the Trust in
accordance with the terms and provisions hereof.
10.
a) The Board of Trustees, consisting of a minimum of
five and maximum of twenty one Trustees, shall
manage the Trust.
b) The First Trustees of the trust for the time being shall
be the following.
1) XXXXXXXXX xxxxxxxxxxx
2) XXXXXXXXXX xxxxxxxxxxx
3) XYZ
4) ABC
5) BCD
6) CDE
7) .
8) .
9) .
10) .
11) .
12) .
13) .
14) .
15) .
c) The First Trustees shall nominate the other Trustees
as and when the need arises.
d) The trustees are designated as below for the time
being:
1. XXXXXXXXXX - Honorary President
2. XXXXXXXXXXXXX- President
3. XXXXXXX Bank Representative –
Treasurer.
4. XXXXXXX Trust Representative -
Secretary
e) The Board may at any time and from time to time fix
or vary the number of Trustees, appoint new
additional Trustees, and/or re-designate the trustees.
f) The Board of Trustees is empowered to remove any
Trustee/s in their meeting.
g) Notwithstanding what has been stated in the
preceding paragraphs, any of the Trustees may retire
after giving a Calendar month’s notice in writing of
his intention to do so to every other Trustee for the
time being and upon determination of such month,
the Trustees giving such notice shall ipso-facto cease
to be the Trustees of the Trust.
h) In case of any vacancy among the Trustees,
occasioned by retirement, resignation, death or
incapacity or otherwise, the Board of Trustees may
fill up the vacancy.
i) In case of inability of any Trustee to continue as an
office bearer of the Trust due to death or incapacity,
the Board shall elect any of the remaining trustees or
a new trustee, as such office bearer.
j) The quorum for the meeting of the board of Trustees
shall be Five.
k) The President of the Board of Trustees shall preside
over the meetings of the Board of Trustees. In his
absence, a trustee mutually agreed upon shall
preside over the meeting.
11. The Management of the affairs of the Trust shall be
vested in the Board of Trustees. The President shall be
the Chief Executive of the Trust. The Board of
Trustees, except in cases where the President or any
other Trustee is specifically authorized by the Board,
shall ordinarily take all decisions of Trustees. All
decisions shall be taken by the simple majority of the
members present and voting. and in case of a tie of
votes, the president of the meeting of the Board of
Trustees shall have a casting vote. Any resolution of an
urgent nature may be passed by circulation among the
members present in station and such resolution shall
be deemed to be valid if it is subscribed by not less
than Five members and that shall be ratified at the
next meeting of the Board of Trustees.
12. Without prejudice to the generality of powers, the
Board of Trustees
shall have the following powers:
i. To enter into Memorandum of Understanding
with Local Bodies, Government undertakings, or
Governments to construct public amenities in
public places for general public utility.
ii. To administer and to appoint, fix salary scales,
punish, suspend or dismiss any salaried servant
of the Trust and its undertakings and institute
P.F. and gratuity scheme for them and provide
amenities to the staff, to collect security deposit
from salaried servants according to the scale
prescribed by the Board of Trustees and to
appoint auditor, advocates, consultants for the
Trust and fix their remuneration.
iii. To delegate any powers as they can lawfully
delegate to any other person and to execute such
powers as they may think fit for the purpose.
iv. To convert, to call in, to sell or otherwise dispose
of any investments comprised in the Trust
property and to re-invest or change the nature of
any other investment contained therein.
v. (a) To invest Trust monies in scheduled Banks,
Co-operative Banks, Government Securities or
any other investment as provided for in section
13(1)(d) of the Income Tax Act, 1961, read with
section 11(5) of the said Act or any amendments
made thereto.
(b) To open and operate Bank account in any
Scheduled Commercial Bank or Co-operative
bank. One Trustee shall be authorized by the
Board of Trustees to operate such accounts along
with the President.
vi. To let any portion of immovable property forming
part of the Trust land, on such rent and for such
periods and on such terms and conditions as they
think fit and accept surrender of any lease.
vii. To borrow funds with or without security of the
assets of the Trust and to mortgage, hypothecate,
charge, encumber any assets or property,
movable or immovable, whenever necessary for
and incidental to the purpose of achieving the
objectives of the Trust.
viii. To accept gifts, donations or contributions in so
far as they are not inconsistent with the objects of
the Trust and all such gifts, donations and
contributions shall form part of the corpus of the
Trust, unless it is otherwise specifically given in
writing by the donor.
ix. To accept grants, contributions or any other
payments from Governments.
x. To enter into contracts on behalf of the Trust and
to rescind them.
xi. To receive, collect, enforce all moneys, dues
payable to the Trust and grant necessary receipts
and discharges.
xii. To institute, prosecute, defend all suits and legal
proceedings.
xiii. To incur all necessary expenses from the corpus
or income of the Trust in connection with the
Trust and its management.
xiv. To generally do all such acts and things as are
necessary to fulfill the objectives of the Trust and
matters incidental thereto.
13. The powers of the Trustees shall be so exercised as to
ensure that the income of the Trust would be exempted
under Section 11 of the Income Tax act 1961 read with
section 12, 12A amended from time to time. It is clarified
that the power of investment of the Trust funds including
those mentioned in clause 12(v) shall be exercised in
accordance with the provisions of Section 13 of the
Income Tax Act 1961 in general and in particular shall
not violate the provisions of Section 11(5) read with
Section 13(1) (d) of the said Act so as to ensure exemption
under Income Tax Act 1961.
14. Any or all the powers of the Board of trustees can be
exercised by the President or any other Trustee or group
of trustees on being so authorized by the board of
Trustees.
15. The board of Trustees may appoint a “Working
Committee” consisting of active members of
the public to implement policies, programs, and
activities of the Trust. The Board of Trustees may
determine the composition of such committee, its
functions, powers, etc.
[Link] Trustees shall keep proper books of accounts of
the income and expenditure of the Trust, which shall
be closed every year on 31 March. The accounts of the
Trust shall be audited by a Chartered Accountant or a
firm of Chartered Accountants, and audit report shall
be obtained as per the provisions of the Section 12A of
the Income Tax Act 1961 read with Rule 17B of the
Income Tax Rules 1962, or as per any other relevant
provisions of the said Act or Rules or any amendments
made thereto or as per the relevant provisions of any
other Act.
17. The Trustees shall, at all time, stand indemnified in
respect of any act that may have been done bona fide
in respect of matters relating to the Trust, but they
shall not be entitled to any remuneration.
18. Subject to anything otherwise contained in any other
clauses of this Trust Deed, any decision taken by
majority of Trustees including the chairperson at any
Trust meeting shall be valid and binding on all the
Trustees and powers so vested in or exercisable by the
Trustees shall be valid and binding on the Trust.
19. The Secretary shall be responsible for convening the
meeting of the Board in consultation with the
President, maintaining the minutes of the meetings,
accounts, documents, and records of the Trust.
20. A minute book shall be maintained at the office of the
Trust. The minutes of all the meetings, appointments
and entry into the office of every new Trustee and all
other proceedings of the Board of Trustees shall be
entered and recorded in such a minute book and shall
be signed by the president of the meeting when they
are duly confirmed.
[Link] Board of trustees shall at all times have the right
to delegate their powers to any one of the Trustees or
other attorneys or agents by passing resolution to that
effect.
22. AMENDMENTS TO TRUST DEED: The Trustees by a
majority resolution are empowered to alter the rules
governing the administration of the Trust, in a manner
not inconsistent with the objects of the Trust.
However, no amendments shall be made which may
prove to be repugnant to the provisions of section
2(15), 11 to 13 and 80G of the Income Tax Act 1961
and no amendment shall be carried out without the
prior approval of the Commissioner of Income Tax.
23. DETERMINATION OR DISSOLUTION OF THE TRUST:
In the event of the dissolution or winding up of the
Trust, the assets remaining as on the date of the
dissolution or winding up shall under no
circumstances be distributed among the Trustees but
the same shall be transferred to another Charitable
Trust, society, association or institution whose objects
are similar to those of this Trust and which enjoys
recognition under section 80G of the Income Tax Act
1961.
24. The provisions of Indian Trusts Act 1882 and any
amendments made thereto, shall apply to all matters
not specifically mentioned in these presents.

IN WITNESS WHEREOF THE AUTHOR HAS SET HIS


HAND ON THIS DAY, MONTH AND YEAR FIRST HEREIN
ABOVE MENTIONED, BEFORE TWO WITNESSES.

AUTHOR OF THE TRUST

WITNESSES:

1.
2.

DRAFTED BY:

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