Format of the deed for Trust in India-Charitable Trust-Welfare Trust
The formation and registration of trust in India under the Indian legal system is easy and a self regulated mechanism. Any legal entity willing to form a trust has to follow the simple procedure of registration. Trusts in India also enjoy a lot of freedom of operation and management of its assets. Some of the important points to be kept in consideration while registering a trust in India are as under:
NAME OF THE TRUST:
EXECUTIVE BOARD OF TRUSTEES:
THE MANAGING TRUSTEE:
THE MINUTES BOOK:
BOOKS OF ACCOUNT:
DISSOLUTION OF THE TRUST:
JURISDICTION OF THE COURT:
THE AIMS AND OBJECTS OF: Trust in India /Charitable Trust/ Welfare Trust:
Some of the suggestive main aims and objectives of Trust in India /Charitable Trust/ Welfare Trust which can be incorporated while registering a trust are as under:
1. The trust is being organized for the promotion of spiritual, physical, mental educational development upliftment of adults and children of all ages without any distinction of caste creed or religion and in the interest of mankind in general. To promote welfare, social cultural, charitable, health education, humanitarian, and relief activities that will protect, safeguard, improve the quality and raise the standard of human life, particularly economically weaker sections of the society, irrespective of caste creed, race colour, sex or religion so that they may lead healthy, happy contented and dignified life.
2. To help and collaborate in establishing and running medical centers, old age homes, Ashrams, rehabilitation, institutions for the destitute, vocational training centers for the handicapped and self job-oriented activities for the unemployed.
3. To offer scholarships, stipends and financial support to deserving students in pursuing higher studies in medicine Art, science, Engineering and computer technology.
4. To undertake and support any program or projects that provide educational, recreational, social cultural and spiritual activities with the sole purpose of promoting peace, love, tolerance and national integration among the various communities of the country and Nationalities of the world.
5. Sponsorship of economically weak persons for institutional care.
6. Collaboration with other voluntary organizations to accomplish the above objects.
7. Affiliation with other national and international organizations engaged in welfare, health education, National integration, and peace-promotion activities.
8. Regular dialogue and rapport with central, State Government and N.G.O.’s to elicit support and cooperation in fulfilling the aims and objects of the organization (Charitable Trust ).
9. To acquire immovable and movable properties by purchase lease, mortgage, gifts, grants, legacy, bequest, exchange, right privilege from any person/s, company, society, Government cooperative bodies or institutions whatsoever and to hold movable and immovable properties lawfully held of all descriptions.
10. To erect/build residential complexes, hostels, hospitals and any other type of building or structures whatsoever, to further any objects of the Charitable Trust and to maintain, manage, control, improve, alter, repairs, demolish or reconstruct the same or any portion or portions thereof.
11. To receive by way of gift, whether in cash money or property movable or immovable, donations and contributions in any legal form, including legacy, behest, wills, trusteeship, etc, for the benefit of the Charitable Trust.
12. To alienate by way of sale, mortgage, lease, charge transfer all or any part of the property of the charitable Trust.
13. To invest and re-invest any funds or moneys of the Charitable Trust in the interest of the beneficiaries of the Trust.
14. To execute such agreements, conveyances, transfers, leases licence, mortgages, documents, etc. as may be deemed necessary to carry out the objects of the Charitable Trust.
15. To borrow and or raise any funds with or without security in any manner the charitable trust may think to repay the same.
16. To negotiate with or enter into arrangements with different authorities, bodies, industrial houses for grants, allowances, rights, concessions, and privileges, etc. that may be beneficial to the charitable trust beneficiaries.
17. To use all the income from the properties movable or immovable or from the earning of the Charitable Trust as such whose soever derived from, solely for the advancement of the objects. And that no portion of it be distributed or disbursed among the Trustees by way of profits, bonuses or dividends. However nothing herein contained shall prevent the payment in good faith in the shape of remuneration or reimbursement to any Trustee for any services rendered to the charitable trust or expenses incurred thereto.
18. To appoint or to remove staff of different graces, prescribe their duties, assignments, service conditions and to fix their wages, remunerations and perquisites, etc.
19. To perform all acts as are incidental and conducive to attainment of all or any of the objects of the Charitable Trust.
20. The income and earnings of the charitable trust shall be utilized to attain the aims and objects of the organization as desired by the Trustees of Charitable Trust.
21. To undertake ad promote human resources in the field of social work and in other science relating to social action for world peace.
22. To undertake and maintain and assist any relief measures in those parts which become subjected to natural calamities such as flood, fire, drought famine, cyclone, earth-quake epidemics, storm, accidents, pestilence, etc.
23. To give, provide and/or render, help and assistance to and/or implement any scheme for providing livelihood and upliftment of the poor.
24. To aid or establish takeover or collaborate with any institution or school or association for physical mental spiritual educational development uplift of intelligence or its development.
25. To propagate impart and adopt any audio-visual methods for solving the problems of crime drug abuses and help in the inculcation of such behaviour as would bring happiness to the family of man or generally mankind without reservation of his status caste and religion.
26. To aid or establish any institution or adopt means for imparting promotion of any art science or any other field of education propagate for removal of social evils customs or render promote self-help to overcome any of these evils particularly for the poor or weaker sections of the society in India or abroad.
27. To establish any home institution or society for religious worship and knowledge or for the welfare maintenance and development or orphans of any community or society.
28. To establish any institution or society for the welfare of victims of natural calamities and/or to provide food and shelter to any needy person or persons from time to time.
29. To undertake the compilation printing and publication of: simple prayers for daily prayers for spiritual and psychological uplift of people generally, simple booklets explaining the basic morals and values of human life and for moral upliftment, books suitable for moral and spiritual instructions to school-going children containing simple science stories from epics depicting the of ideal persons sages and other renowned personalities.
30. To award prizes in competition of physical games and educational competitions and to award scholarships for the needy and to provide ways and means for the uplift of poor and needy children or individuals and to inculcate moral discipline.
31. To arrange and provide such medical aid and such other assistance necessary for living to the needy persons who are otherwise incapable or handicapped or mentally or physically uplift any person of poor class.
32. To render any social moral and financial assistance for betterment of life of any unmarried girl or boy widow or widower from time to time.
33. To arrange tours or provide conveyance to any person or persons to and for any such place(s) of historical or universally acclaimed religious place or places which may enlighten and defuse knowledge and/or for the avoidance or to reduce or remove the mental depression and which may encourage and boost the spiritual instinct for living a better and happier life.
34. To provide cooking eating and other utensils or clothing temporarily or from time to time daily needs on special occasions of the persons or families of the persons who are for any reasons incapable for providing these for themselves at times of need either free or against nominal charges.
35. To accept donations raise subscriptions from the members of the trust or other persons to invest the funds of the trust with such individuals societies firms or companies for providing income to the trust on such terms and conditions as may deem proper and necessary for the fulfillment of the aims and objects of the trust and to further its interest as enumerated above.
36. To provide for all activities for improving the moral standards of the people promoting respect for all religions of tolerance and cordial feelings between man and man irrespective of difference of caste colour creed or religion.
37. To promote spiritual studies and open spiritual training and yoga centers for general public and to do everything to make spiritual studies popular amongst the public.
38. To start maintain and assist in relief measures in those parts which are or become subjected to natural calamities like famine fire flood earthquakes etc.
39. To establish found and maintain libraries reading rooms for the use and convenience of general public.
40. To award prizes medals and that like in universities colleges schools etc to encourage students for higher and better education.
41. To give monetary help to disabled or blind persons in the form of monthly allowance or gratuities.
42. To open found establish maintain and assist leper asylums or other institutions for helping the poor destitute s widows and orphans of all faiths and communities.
43. To give stipends allowances or gratuities recurring or otherwise for the maintenance etc for such time or duration as may deem proper and necessary.
44. To do any other act or thing which is ancillary to the achievement of any of the above stated objects.
45. To render help, arrange for and encourage and promote celebrations of national, cultural, social and such other festivals and jayanties as conducive to this object. Provided, however, that any contributions by the trustees to or cooperation with any other trust, society or project having as its sole objects all or any of the aforesaid objects shall mean furtherance of the objects of this trust.
POWERS, FUNCTIONS, RIGHTS AND DUTIES OF THE TRUSTEES
The powers, functions, rights and duties of the above said trustees shall be as under:
1. Without effecting the generality of powers and duties and functions of the trustees to manage and administer the trust ,The Board of Trustees shall have the following functions:
i) To borrow if needed be against the security or the assets of the trust by way or bank over drafts loan or otherwise, as may be necessary, for the benefits of the trusts provided, however, the trustees unanimously agreed on such borrowing and limits to the terms of this decision or agreement and or authorize two or more of the trustees to execute such documents, deed, papers., etc. and as may be necessary in connection the Trust.
ii) To arrange for and/or authorize the signing or execution of any agreement, contract, installment, document or any other paper in writing require to be signed or executed on behalf of the trustees by any two of the trustees to be nominated in this behalf by the Board of Trustees & with the consent of the settler and to make the same effective and binding as if the agreement of contracts instrument or documents or papers or writing were signed by all the trustees.
iii) To appoint or make provision for the appointment of a sub Committee of Trustees and/or others to attend or to supervise or conduct specified jobs or functions of the trust matters in such manners and subject to such Rules and Regulations as The Trustees may prescribed.
iv) To authorize any one or more Trustees to hold any property or any fund or any investment of the Trust subject, however, to the terms of these presents in such manners and subject to such terms and conditions, Rules and Regulations as the Board of Trustees may from time to time make as they think fit and proper.
v) To spend any portion of the corpus fund or the income of the trust for purchasing any land or construction any or building for the Trust.
2. Trustees shall have full powers to determine the programs of the Trust by organizing, suggesting, or by adopting or rejecting the proposals from the public and may delegate any of the powers of professionals or administrative staff whose reports of and activities shall be arranged to be received periodically to control and to give guidance in this regard thereto.
3. The Trustees shall have powers from time to time to make and alter or amend the Rules and Regulations if needed ,with the consent of the settler, so made this regard of which any power or duty is vested in them, as they may think fit and proper.
4. The Trustee may appoint advocates, secretaries, Engineers, Surveyors, or other employees for the purpose of management and supervision of the Trust estate, funds for collection of rents, effects and profits, for keeping the account and records and for other purposes of the Trustee.
5. The Trustees shall have full power to compromise or compound all actions, suits, and other proceedings and settle difference and disputes touching the trust estate(s) and/or the trust properties and to refer any such differences, disputes to arbitration and to adjust and settle all accounts relating to the trust estate and/or the trust properties and to do all other acts and things fully and effectually without being liable or answerable for any bonafide losses occasioned thereby.
6. The veto of the majority of the members shall prevail and in the event of tie, the chairman of the meeting shall have the power of casting of his/her vote.
7. Any Resolution passed by the 2/3rd majority of the present trustees, with the consent of the settler for the benefits and the same shall be prevail and applicable to the members.
8. A person shall cease to be trustee, in case, if he/she dies or if becomes bankrupts or becomes in same or otherwise incapable to act or if any trustee or trustees resigns from his/her/their, or removed by the Board of Trustees with the consent of the said settler, by 2/3rd majority, shall be removed from his/her office.
9. If any one or more of the objects specified herein these presents are held not to be objects of a public charitable nature the trustees shall not carry out such objects or object as if the same are not incorporated in these present but the validity of the trust created by these presents as a trust shall not be affected in any manner.
NO PERSON BEING:
i) An un-discharged, insolvent or
ii) Convicted of an offence involving moral turpitude, or
iii) Of unsound mind, or
iv) A minor
SHALL BE ELIGIBLE TO BE A TRUSTEE:
That any intellectual person or persons or professional individual may be appointed and elected as trustee of the said Executive Board or Trustees by way of special consideration either by money, work or eligibility by 2/3rd majority of the present trustee of the said Board.