Format for Welfare Charitable Trust NGO in West Bengal
This Trust Deed is made and executed at ——————, on this —————————–, between Mr. ——————————————————————————–, hereinafter called the SETTLER/CHAIRMAN.
AND
Mr.——————————————————————————————–, hereinafter called the TRUSTEE (Managing Trusty).
(Provide all details of the proposed trustees and adopt the format for welfare-charitable trust-NGO)
The expression ‘The Settler/Chairman’ The Trustees ‘shall unless excluded by the repugnant to the subject or context, be deemed to include their legal heirs, successors, legal representatives, Administrators and assigns.
WHEREAS The said Settler /Chairman is desirous of creating and forming of an endowment by setting apart and establishing a fund for the General Public, religious and charitable objects and purpose in India and abroad , hereinafter expressed and the above mentioned all trustees have at the request of the said settler/chairman agreed to act as trustees of the said trust.
AND WHEREAS, In order to effectuate the said object of forming, creating and establishing a public charitable Trust the said Settler has delivered and made over to the Trustees a sum of Rs————————————————–with intent to part with all rights, title and interest claim therein and vest the same in the Trustees to have and hold the same and investment or investment for the time being representing the same and also the aforesaid trustees herein were cherishing the laudable idea of funding a trust for charitable purpose and in the pursuance of the above objects and uses hereinafter expressed with the powers, and on the terms and conditions and provision contained of and concerning the same :-
NOW THIS DEED OF PUBLIC CHARITABLE TRUST WITNESS AS UNDER:
The main features and shape of the Present establishing Trust shall be as under NAME OF THE TRUST:
The name of the Trust shall be ——————————————————
HEAD OFFICE—————————————————————————–
The head office of the said trust shall be situated at ———————————
( Modify the format for welfare-charitable trust-NGO accordingly)
TRUST DEED:
The amount contributed by the founder/settler & Trustees shall and will stand possessed the same upon the trust and also the trustees may from time to time receive for augmenting the trust funds as donations, gifts, interests, loans to capital deposit amount of Rs.10,000/-(Rupees ten thousand only)etc. for the General public and General Purpose of the trust fund of the trust arising from the subscriptions, donations, grants, or otherwise from any sources and also of any investment etc. representing the same, (HEREINAFTER CALLED ‘THE TRUSTEE’)
Furthermore the net income from the said trust fund, to apply both the capital and income of the said trust fund for the purpose and betterment of the aims and objects only of the said trust.
TRUST PROPERTIES:
The Trustees shall stand and possessed of the said amount of corpus and such other properties, both movable and immovable as may be acquired from time to time by the Trust, viz. by purchase, exchange, grants subscriptions, or the endowment donations gifts, contribution or in any manner whatsoever all of which shall be designated ‘THE TRUST PROPERTIES’ of the Trust herein mentioned above.
EXECUTIVE BOARD OF TRUSTEES:
That all the trustees of the said trust shall be called ‘THE EXECUTIVE BOARD OF TRUSTEES’ LIFE MEMBER:
The above mentioned three trustees of the said trust shall be called ‘THE LIFE MEMBER TRUSTEE’.
FOUNDER MEMBERS:
The above-said settler/chairman/founder of this Trust and all the said Trustees i.e. shall be called ‘THE FOUNDER OF THE SAID TRUST’
THE MANAGING TRUSTEE:
The trustee No.1 shall be the Managing Trustee of the said trust. After her, the remaining trustees, for the time being, shall elect one of themselves as the Managing Trustee. It shall, however, be opened that the Managing Trustees shall be elected by 2/3rd majority of the said Board of Trustee of the said Trust, in the General Meeting of the Board.
WHO MAY BE APPOINTED AS TRUSTEE:
Any person may be appointed as Trustee or trustees of the said Trust appointed by the majority of 2/3rd of the present Trustees and with the consent of the Settler/Chairman.
THE MINUTES BOOK:
It shall be kept by the managing trustee Minutes Book is an office book in which the presence of every trustee and all proceedings of the meeting of the Board of trustees shall be recorded in the minutes book and shall be signed by Chairman of the meeting either at the conclusion thereof or at the next meeting when it they shall be confirmed.
BANK ACCOUNT:
The Trustees shall have to deposit the trust money or any portion thereof in any nationalized Bank, such account can be operated jointly by the signatures of Chairman/Managing Trustee and any other trustees, who hold the office of Cashier/Treasurer of the said trust.
BOOK OF ACCOUNT:
A proper and regular account of all accounts, receipts and expenditure of the said trust shall be maintained regularly.
AUDIT:
On 31st day of March of every year General Account shall be taken of all the assets and liabilities of the trust and an income & expenditure account for the whole year and a balance sheet as on 31st day of March shall be passed by the
Trustees. The accounts of the trust shall be audited annually by a chartered Accountant appointed by the Trustees for the purpose.
DISSOLUTION OF THE TRUST:
That the above said Trust shall be dissolved at any time by 2/3rd majority of the present trustees but no profit shall be used by any trustee or settler of the said Trust. The Trust fund, properties either movable and immovable shall be spent only for the welfare of the poor and General public or to other Trust/society having similar aims and objects.
JURISDICTION OF THE COURT:
Only the competent courts of Delhi shall entertain all the legal proceedings, cases and suits related to the said Trust.
THE AIMS AND OBJECTS OF THE SAID TRUST:
Suggestive only as per the Format for welfare-charitable trust-NGO
1. 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 reinvest any funds or money of the Charitable Trust in the interest of the beneficiaries of the Trust.
14. To execute such agreements, conveyances, transfers, leases license, 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 the 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 subject 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 a and/or implement any scheme for providing livelihood and upliftment of the poor.
POWERS, FUNCTIONS, RIGHTS, AND DUTIES OF THE TRUSTEES:
( Adopted from the Format for welfare-charitable trust-NGO)
The powers, functions, rights, and duties of the above said trustees shall be as under:
1. Without affecting 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 overdrafts 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 be 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 the 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 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 anyone 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.
IN WITNESSES WHEREOF the above said Settler/Trustees have signed this Deed of Trust in the presence of the following witnesses:
WITNESS:
1.
2.
SETTLER