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Procedure for registration of a trust deed.

A model Trust deed and various forms for registration  i.e. application for the registration of a public charitable trust, Consent letter are enclosed herewith for ready reference.

MODEL TRUST DEED OF A PUBLIC CHARITABLE TRUST 

THIS DEED OF TRUST executed on this _______________________ day of __________________ year 20____, _______________________ BETWEEN __________________________________________ (Party of the first part) hereinafter called " SETTLOR OF THE TRUST" ________________________________________________________
________________________________________ AND _____________________________________ .

1. SHRI.                             S/O. SHRI                              , of ____________ &

2. SHRI.                             S/O. SHRI.                             , of ____________ &

3. SMT.                             W/O SHRI.                              , of ____________

(Hereinafter called " The Trustees" which expression shall unless repugnant to the context or meaning thereof be deemed to include the survivors or survivor of them and the trustees or trustee for the time being of these presents and their heirs, executors and administrators of the last surviving trustee, their or his assignees) of the other part;

WHEREAS the party hereto of the first part is possessed of the sum of Rs. ___________/- (Rs. __________ Only) as his absolute property and he is desirous of creating a Religious/ Charitable/Educational Trust for the benefit of the humanity at large.

AND WHEREAS each of the parties hereto of the "Other Part" has individually and jointly has agreed to act as Trustees of the Trust, proposed by the party of the first part.

AND WHEREAS nothing contained in this deed shall be deemed to authorize the trustees to do any act which may in any way be construed statutory modifications thereof and all activities of the trust shall be carried out with a view to benefit the public at large, without any profit motive and in accordance with the provisions of the Income-tax Act, 1961 or any statutory modification thereof.

AND WHEREAS the trust is hereby expressly declared to be a public charitable trust and all the provisions of this deed are to be constituted accordingly.

NOW THIS INDENTURE WITNESSTH AS FOLLOWS :

  • SETTLEMENT
    The party of the first part, the settlor, does hereby settle the sum of Rs._______ /- (Rs. __________ only) in Trust, with the name and for the objects hereinafter stated, by delivering the said amount in cash which the party of the other part, the Tustees, have accepted the receipt of which they do hereby acknowledge, to hold the same in and to the Trustees with the powers and obligations as provided hereinafter.
     
  • NAME
    The name of the Trust shall be "____________________________".
     
  • PLACE
    The principal office of the Trust shall be situated at ______________________ or such other place as the Trustees may from time to time decide. The Trust may also carry on its work at any other place or places, as decided by the Trustees.
     
  • OBJECTS
  • Educational – to run, maintain or assist any educational or other institution for coaching, guidance, conselling or vocational training or to grant individual scholarships for poor, deserving and needy students for elementary and higher education.
  • Medical – to run, maintain or assist any medical institution, nursing home or clinics or to grant assistance to needy and indigent persons for meeting the cost of medical treatment.
  • Relief of the poor – to give financial or other assistance in kind by way of distribution of books, notebooks, cloths, uniforms, or meals for the poor and indigent and to the persons suffer due to natural calamities.
  • Other objects of general public utility –
  • to acquire property for the sole use for public good by making it available for public purposes as for example, housing a library clinic, crèche and/or as a community ball to be available for public use as training classes, seminars, discourses and other public functions for benefit of the community in general.
  • to undertake any other activity incidental to the above activities but which are not inconsistent with the above objects.
  • PROVIDED the Trust may assist/donate the other TRUST to carry out the various objects mentioned in the objects clause in such manner and to the extent the Trustees may decide upon from time to time.
     

  • FUNDS
    The Trustees may accept donations, grants, subscriptions, aids or contributions from any person, Government, Local authorities or any other charitable institutions, in cash or in kind including immovable property without any incumbrance, but the Trustees shall not accept any receipt with any condition or terms inconsistent with the objects of the Trusts. While applying such receipts to the objects, the Trustees shall respect the directions, if any, by the granter. Any receipt with specific direction to treat the same as part of the corpus of the Trust or separate fund shall be funded accordingly.
     
  • INVESTMENTS
  •                                  i.            All monies, which shall not immediately required for current needs shall be invested by the Trustees in eligible securities and investments, or in banks. Such investments shall be in the name of Trust or Trustees.

                                   ii.            That the trustees shall invest the trust fund, carry on any business with the trust fund and/or enter into partnership on behalf of the trust, as they may deem fit.

                                  iii.            That the trustees shall manage the trust fund and investments thereof as a prudent man would do the same. They shall recover all outstandings and meet all recurring and other expenses incurred in the upkeep or management thereof.

                                iv.            That the trustees shall receive and hold the income of the trust on behalf and for the benefit of the beneficiaries under the trust.
     

  • POWER OF TRUSTEES 

  • That the trustees shall have the following powers :

                                     .            to manage all the assets and/or properties of the trust including the conduct of business;

                                     i.            to appoint employees and to settle the terms of their service, remuneration and termination;

                                   ii.            to look into the management of the trust;

                                  iii.            to invest the funds of the trust, in bank or in the purchase of company shares or securities or other movable and movable and immovable properties;

                                 iv.            to sell, alter, vary, transpose or otherwise dispose or alienate the trust properties or any investment representing the same for consideration and to reinvest the same;

                                   v.            to pledge or mortgage the trust properties for raising loans;

                                 vi.            to open the bank accounts in the name and on behalf of the trust and to operate the same;

                                vii.            To enter into a partnership on behalf of the trust with any other party or parties;

                              viii.            To pay all charges, impositions and other outgoings payable in respect of the trust properties and also to pay all cost of the incidental to the administration and management of the trust properties;

                                 ix.            To file suit on behalf of the trust and to refer to arbitration all actions proceedings and disputes touching the trust properties and to compromise and compound the suits filed;

                                   x.            To accept any gift, donation or contribution in cash or in kind from anyone for the objects of the trust;

                                 xi.            To seek legal opinion of lawyers and/or Chartered Accountants as and when required;

                                xii.            To nominate their representatives for any of the aforesaid purposes.
     

  • The number of the trustees shall not be less than two but not more than five.
     
  • In case of any difference between the trustees, the opinion of the minority shall
    prevail.
     
  • Every trustee will be at liberty to nominate or appoint attorneys or agents and to delegate all or any of the duties and powers vested in him to such attorney or agent, and to remove such attorney or agent and reappoint other or others in his place.
     
  • No trustee shall be responsible or liable for any loss or any act of omission or commission by his constituted attorney or agent or employees or other trustees unless occasioned by his wilful neglect or default.
     
  • Any of the trustees may retire on giving one month’s notice in writing to the other trustee(s).
     
  • If any trustee dies or retires or becomes incapable or unfit to act, the continuing or surviving trustee or trustees shall appoint a successor in the place of such trustee.
     
  • If at any time the number of the trustees is less than two, the existing trustee shall appoint one or more trustees.
     
  • Upon the appointment of a new trustee the trust properties shall vest in the new trustee jointly with the continuing or surviving trustees, with the duties and power of the trustees set out hereinabove in this deed.
     
  • If the trust is determined by efflux of time, the corpus of the trust shall be divided amongst the beneficiaries in the shares as fixed by the trusees.
     
  • BANKING ACCOUNT
    All income, subscription and pecuniary donations for the general purposes of the Trust and the income, investments and all other moneys from time to time forming part of the general revenue of the Trust shall on the same being received be paid into a banking account with any scheduled bank for the purpose of the Trust. The bank accounts shall be operated by the Managing Trustee along with any one of the remaining Trustees.
     
  • ACCOUNTS AND AUDIT
  •                                  .            The Trustee shall keep proper books of account of all the assets, liabilities and income and expenditure of the Trust and shall prepare an Income and Expenditure Account and Balance Sheet for every year as on the last day of March.

                                     i.            The accounts of every year shall be audited by a Chartered Accountant or a firm of Chartered Accountants who shall be appointed for that purpose by the Trustees and the audited accounts shall be placed at a meeting of the Trustees, which shall be held before the end of the succeeding year.
     

  • IRREVOCABLE
    This Trust is irrevocable.
     
  • AMALGAMATION
    The trustees may amalgamate the trust with another Charitable Trust or Institution having similar objects with prior permission of the Charity Commissioner/Court/any other law as may be applicable for the time being.
     
  • WINDING UP
    In the event of dissolution or winding up of the Trust the assets remaining as on the date of dissolution shall under no circumstances be distributed amongst the Trustees but the same shall be transferred to some other similar Trust/Organisation whose objects are similar to those of this Trust with the permission of the Charity Commissioner / Court / any other law as may be applicable for the time being.
  • The Trustees shall be indemnified against all losses and liabilities incurred by them in the execution of the Trust and shall have a lien over the funds and properties of the Trust for such indemnity.

    IN WITNESS WHEREOF, The Parties hereunto have signed and delivered the presents on the day and year first hereinabove written.

                                                                                              SETTLOR

    WITNESS :                                                                       1. TRUSTEE ____________

    1.                                                                                   2. TRUSTEE ____________

    2.                                                                                   3. TRUSTEE ____________

    Form of Application for Registration of a Public Trust
    Schedule II (Vide Rule 6)


    Court Fee Stamp
    of Rs. 2/-
     

    To
    The Deputy/Assistant Charity Commissioner,
    ............................................................................ Region/Sub-Region
    In the matter of Public Trust* ..............................................................
    .......................................................................................................

    I ............................................. trustee of the above named public trust, hereby apply under
    section 18 of the Bombay Public Trusts Act, 1950 for the Registration of the said public trust.

    2.

    I submit the following necessary particulars:–

    (ai)

    The designatioc n by which the public trust is or shall be known.
    (Name of the Public Trust)

    (i)

    Names of the trustees and managers with their addresses

    (ii)

    Mode of succession to the trusteeship and managership

    (iii)

    Objects of the trust :

    (iv)

    (a)

    Particulars of documents creating the trust
    (attach copies)

    (b)

    Particulars other than documents about the origin or
    creation of the trust.

    (v)

    Particulars of the scheme, if any, relating to the trust
    (attach copy).

    (vi)

    Movable property with estimated value of each class
    of such property.

    (Note:– Entries should be made by board description
    of classes of such property, e.g., furniture, books, etc.,
    rather than of each individual article. Entry regarding
    cash should be made only if such cash forms part of
    the capital of the trust. In the case of scripts give
    particulars of each security, stock, share and debenture
    including the number which it bears).

    (vii)

    (a)

    Details of immovable properties showing the
    village or town where situate, along with C. S.,
    Municipal or Survey No., area, assessment or Judi
    and description of the tenure on which held (attach
    certified copies of the entries in the Record of Rights,
    city survey record or municipal record relating to
    the properties).

    1.

    2.

    3.

    (b)

    Estimated value of each immovable property:–

    1.

    2.

    3.

    (viii)

    Sources of income of the trust.

    Comments
    Nikunj S Shah January 15, 2011
    hi
     jyoti jain June 27, 2011
    pls give me information what documants required for registration trust deed of charitable trust in noida
     Amit Pandey September 6, 2011
    Dear Sir, Please provide procedure and required document for trust registration in Noida.
    Thanks,
     Muhammed Haris January 29, 2012
    Dear sir, I and another 3 friends thinking to creat a trust for promoting education.pls tell me procedure to creat. and which type of trust is best for us. whether pvt or public.
     irshad February 29, 2012
    trust registration rules
     Abuthakir.I March 8, 2012
    its really for me lots of thanks
     Abuthakir.I March 8, 2012
    its really help for me. lots of thanks
     anjani kumar choudhary March 14, 2012
    pls give me information what documants required for registration trust deed of charitable trust in banka of bihar
     md azad April 20, 2012
    plz send the information details of trust deed registration
    Ramnath Shodangi June 7, 2012
    Dear Sir,

    I want to start an old age home in orissa. The objective is to provide care to old people. Pl let me know the formalities.
    Ramu Datta June 19, 2012
    I want to know the process of creating a trust for a private university.Would you please help me.
    halsgirlshighschool m 9 July 16, 2012
    please give the precedure for add in objective in trust deed
    bharat reddy September 14, 2012
    sir/mym i,m very eager to do something for my nation...........
    sanjay kumar sinha August 10, 2012
    we are a reputed consulting services for any types of licence and registration like ngo, trust, company, llp, section 25 company, fund, 80g, fcra, pan tan,digital signature,vat,cst, provident fund,income tax, efilling etc.
    sanjay kumar sinha August 10, 2012
    we are a reputed consulting services for any types of licence and registration like ngo, trust, company, llp, section 25 company, fund, 80g, fcra, pan tan,digital signature,vat,cst, provident fund,income tax, efilling etc.9332248408
    zaheer ahmed August 17, 2012
    Sir, want to open medical private trust, in karnataka, bangalore pls help with da procedure
    zaheer ahmed August 17, 2012
    Sir, want to open medical private trust, in karnataka, bangalore pls help with da procedure
    Arun Katariya September 5, 2012
    Dear sir, I and another 3 friends thinking to creat a trust for promoting education.pls send me detailed formation of registration of the same.
    Chandrashekar September 17, 2012
    Under this caption, you must also have provided the procedure and the forms to be used and the fees payable etc., However, unfortunately, you have not provided this. Hence, we request you to please provide this.
    ravi ranjan kumar September 30, 2012
    sir i want to open a nursing home, i m a general people,i m registerd a TRUST in bihar, Am i leagle to opening nursing home on my TRUST. hlp me sir or send me process of start nursing home on TRUST.
    bhavanishankar October 13, 2012
    I want to know about Trust Registration Requirements
    Sanath Kumar CD October 14, 2012
    sir, i and my friends want to start a home for the aged and needy. can we form a private trsut ? shall we buy a land individually and lease it to trust ? or, shall we all put total money and buy a land in trust's name ?
    abdul wahab October 29, 2012
    sir,my trust name is (minority education and welfare trust) so me and my friend help can to poor minority so please help me and give found
    abdul wahab October 29, 2012
    sir,my trust name is (minority education and welfare trust) so me and my friend help can to poor minority so please help me and give found
    manjeet singh December 5, 2012
    I want to establish a trust in the name of my mother for the old age people in goa,help and guide me.Thanks
    Gajendra kumar Das February 12, 2013
    sir Namaste i want to registered a trust in chhatishgarh for social welfare activities like voluntary organisation what is the minimum requirement and where it can registered pl clarify me details
    Nikhilendubikash Das March 23, 2013
    There is a need to undertake a running school in private management for required development and sanction from the govt. authority and thereby to form a public trust. The trustees will aggreed to provide the funds and all means of development and maintenance.Please give me a draft of deed and tell me how to register it in the state of West Bengal
    rajeev March 27, 2013
    sir i want to open a school in my home which is in the name of my mother.so a trust is necessary for school .but i dont want to attach or ingaged my mothers property or house in trust can i rent out my mother home for my school trust.
    saurav kumar baruah April 13, 2013
    i would like to establish an orphanage cum old age home under a trust at north lakhimpur, assam. pls help me how to register the trust in assam and how to establish the orphanage cum old age home. thanks
    sanjay sahoo April 26, 2013
    Dear Sir,
    I want to establish a trust for development of education, medical facility, employment and other social welfare of the society in Odisha. Please guide the prevailing rules and regulations along with the procedure for formation & registration of a Trust.
    with best regards,
    sanjay sahoo April 26, 2013
    Dear Sir,
    I want to establish a trust for development of education, medical facility, employment and other social welfare of the society in Odisha. Please guide the prevailing rules and regulations along with the procedure for formation & registration of a Trust.
    with best regards,
    Dr.Amitava Ghosh April 28, 2013
    i want to formation a trust about education & health sector
     kavish May 1, 2013
    Dear sir,we are planning to sign up for a state coordinatorship from one of a deemed university,hence we need to form a trust for promoting education by giving admissions for distance courses, which type of trust is best for us. whether pvt or public pls advise.
     ASHUHARALI May 3, 2013
    I want to establish a trust for development of education, medical facility, employment and other social welfare of the society in kerala. Please guide the prevailing rules and regulations along with the procedure for formation & registration of a Trust.
    with best regards,
    P K BISWAS May 5, 2013
    I am secretary of a ngo in kolkata. I want to set up private B.Ed. college. Now fund is necessary. Some benifit will be given for funding. Pls call soon 9804231990.
    Anurag Turkar May 23, 2013
    We want to form a trust please help us.
    r p s negi May 26, 2013
    Iwant to establish atrust for development of medical facility and other social welfare in uttrakhand.please guide prevailing rules and regulations along with the procedure for formation ®istration of a Trust with best regards.
    r.p.s.negi May 26, 2013
    I want to establish a trust for development of medical facility and other social
    welfare in haldwani Uttrakhand.please guide prevailing rules and regulations along with the procedure for formation ®istration of a Trust with best regards.
    Tejveer Singh June 4, 2013
    Kindly give the list of documents required to form the trust
    Suraj kumar rout June 25, 2013
    Sir kindly post the required document list and process to registered a charity trust
    shivam July 8, 2013
    sir jald call kren
    Dhainik Damani August 28, 2013
    is there any place to submit the trust deed at mumbai? what is the procedure to be followed?
    M.D.Kirubaharan. September 12, 2013
    I want to register acharitable trust for orphanage children.in that shall we the trustee with in our family members ?
    anusha March 31, 2014
    sir ,im college student from india ,kanyakumari district me and my two frdz decided to open a trust to help the orphan and who are helpless poor peoples ,and giving a new life to beggers around the streets ,road sides plz give me a perfect suggestion to start a trust
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