Format of Trust Deed for Public trust in West Bengal
This Deed of Declaration of Trust is made at………….. this…….. day of……………20…….,by M/s. (1)…………………(2)…………………. (3)…………………. (4)………………… (5)……………….. all of………………….Indian Inhabitants, hereinafter referred to as `The Trustees’ (which expression shall be deemed to mean and include, the survivors or survivor of them and the heirs, executors and administrators of the last survivor of them Trustees or Trustee of the Trust hereby created) as follows:
1. The Trustees are possessed jointly of a sum of Rs…….
2. The Trustees desire to hold the said amount and all other amounts and other property, whether moveable or immoveable, including the investments by way of shares, fixed deposits, Government securities, bonds or debentures or in any other form that the Trustees may receive and hold by way of acquisition, donations, gifts or otherwise howsoever (hereinafter referred to as the Trust Fund) upon the Trusts and for the objects hereinafter mentioned.
NOW THIS DEED WITNESSETH as follows: –
The Trustees declare that they shall hereafter hold the said amount of Rs……. and the Trust Fund mentioned above for the time being on the Trusts for carrying out the objects and on and subject to the powers, provisions, terms and conditions hereinafter mentioned.
1. This Trust shall be known as “………………………………….. “
2. The area of operation of the Trust will be the whole of India but preferably in the State of…….. and particularly within the limits of….. Municipal Corporation.
3. The Principal Office of the Trust will be situated at such a place as the Trustees may decide. The Trustees may open branches or local offices at different places within the area of operation.
4. The principal object of the Trust is to carry on cultural and charitable activities conducive to the secular character of the Indian Nation and to the advancement of national integrity, patriotism and discipline. For the purpose of or towards achieving the above principal object, the Trust shall have the following particular objects:
a. To advance the cause of Indian music & dance in all forms, both Hindustani and Karnataka by holding music and dance programmes regularly or occasionally, particularly of nonprofessional artists, by conducting music and dance classes, schools or colleges and imparting the knowledge of music and dance by holding lectures, seminars, conferences on music and dance and by doing all other acts and things in the cause of music and dance being the arts which have a great cementing force among all people irrespective of caste, creed or religion and which are powerful organs or agents in the achievement of national integrity and secularism.
b. To write through or with the help of literary persons, of different aptitudes or classes, plays in….. and other languages on different topics, to translate plays written in different languages into other languages, or to convert plays or dramas into short plays or episodes or T.V. or Radio plays.
c. To stage dramas in all forms by amateur artists or professionals, in different languages including all types of rural arts.
d. To conduct classes or courses for the development of dramatic arts, including acting, stage settings and decorations, face painting or make-up.
e. To hold meetings, conferences, seminars, discussions on different and current social subjects or events other than political.
f. To help and encourage writing literary works, to conduct mobile or other libraries of books and periodicals and to advance the habit of reading and writing, and literacy in general.
g. To carry on activities helpful to the society in general and to any individual or individuals in particular in the field of medical help, education, calamities, social awareness.
h. To hold inter-State dialogues or meetings of artists, scholars, philosophers, technicians in different cultural scientific & philosophical subjects.
i. To produce documentary films on social and cultural subjects and to exhibit them through T.V. or in social functions and at other places.
j. To establish a mini-academy to carry out any one or more of the above mentioned objects.
k. To form a nucleus or platform of universal brotherhood without distinction of race, creed, sex, caste or colour.
l. To encourage the study of comparative religion and science.
m. To investigate or do research in the unexplained laws of nature and the mysteries of the universe on logical or scientific basis.
n. To do all other acts and things as are conducive or helpful to the advancement and fulfillment of the principal and other objects above-mentioned.
5. The trustees shall have power to appoint an advisory committee of not more than ten persons which can be dissolved and reappointed from time to time as the Trustees may think fit. The members of the Advisory Committee will generally be those who are well-known in the public by reason of their scholarship, profession, eminence in different fields of art; philosophy, science and technology.
6. The functions of the Advisory Committee will be to advise the Trustees on the subjects of activity of the Trust or any projects undertaken or proposed to be undertaken by the Trust, to express opinion on any question referred to them by the Trustees, to make suggestions and to give instructions on the activities of the Trust and generally to guide the trustees. The decisions, suggestions or proposals made by the Advisory Committee will be of a recommendatory nature. The members of the Advisory Committee will not be considered as trustees of this Trust.
7. If any person ceases to be a member of the Advisory Committee by reason of resignation, death or otherwise his place may be filled in by the Trustees. The Trustees will have power to omit or remove any member of the Advisory Committee if the Trustees so think fit for any reason, without being bound to disclose the same.
8. The Trustees will appoint one of the members of the Advisory Committee as Chairman and one of them as Secretary. The Chairman will preside over all the meetings of the Advisory Committee. In the absence of the Chairman at any meeting, the members the present can nominate any of them as the Chairman of that meeting. All decisions of the Advisory Committee will be taken by majority and in the event of equality of votes, the Chairman of the meeting will have a casting or additional vote. The meetings of the Advisory Committee will be called by the Secretary as and when required by the Trustees. The Secretary will keep a minute book wherein will be recorded all the minutes of the meetings including the decisions taken and the minutes will be confirmed in the same meeting or in the subsequent meeting of the Committee.
9. Trustees or any one or more of them nominated by the Trustees shall be ex-officio members of the Advisory Committee.
10. The Trustees shall also have power to appoint one or more committees, to be called Executive Committees, to carry out one or more of the objects and activities of the Trust. Any one or more of the Trustees as may be nominated by the Trustees shall be ex-officio members of each of such Committees.
11. The functions of each such Committee will be such as will be assigned by the Trustees from time to time. The Committee will be in full charge of the function or activity or any project assigned to the Committee and shall execute the same in the interest of the Trust but subject to such directions or limitations as may be given or prescribed by the Trustees.
12. Each Executive Committee shall consist of not less than three and not more than five persons nominated by the Trustees. Each such Committee will elect its Chairman and Secretary. The Chairman will preside over the meetings but in his absence, the members present will appoint any one of them present as Chairman. The Secretary of each Committee will call the meetings of the Committee from time to time as required by the Trustees or the Chairman or the Secretary himself and he shall keep record of all such meetings and the business transacted therein. The Committee may distribute the work assigned to them among its members for executing the same.
13. The Trustees will have the right to dissolve any Executive Committee as and when they think fit. If any vacancy occurs in any Executive Committee by reason of resignation, death or otherwise, the same may be filled in by the Trustees.
14. The Trustees shall have also the power to constitute a. body or association of persons who will be either professional or amateur artists, in the fields of music, drama, dance, painting etc. or who will be persons belonging to other professions like lawyers, doctors, architects, accountants, or industrialists, businessmen or social workers or who will be scientists, philosophers, literary writers, historians or otherwise eminent or famous in other walks of life, with a view to involve them and to enable them to participate in the activities of the Trust. Every person desiring to join such body or association shall apply to be a member of the body or association in the form prescribed by the Trustees and each such person will agree to pay a subscription as may be prescribed by the Trustees from time to time. Such subscription will be treated as a donation to the Trust fund. A person who fails to pay such subscription for more than three months since the time it becomes due, shall cease to be a member of the body or association unless the Trustees condone the delay in payment. Any such person may also resign from the body or association if he or she so chooses. Such persons shall be eligible to participate in the activities of the Trust as and when required by the Trustees or by any Executive Committee but without any compulsion. The Trustees may call meetings of such body or association as and when required to discuss any question or topic generally or specifically and each member will be entitled to participate in such meeting and express his or her views. However, no decision or consensus of that body on any question will be binding on the Trustees. The Trustees shall maintain a register of such members and an account of the subscription or donation paid by them from time to time. Such body or association will be considered as an ad-hoc body or association associated with the Trust and not as an independent or separate entity.
15. The Trustees will sanction and make available to any Executive Committee such funds as may be sanctioned by the Trustees for any activity or programme to be executed by the Committee. The Secretary of the Committee will keep accounts of such sanctioned amount and submit the same to the Trustees from time to time or whenever required by the trustees. If any amount, more than the sanctioned amount, is required, the committee concerned will obtain the approval thereto of the Trustees in advance and the Trustees shall make available such additional amount as and when required.
16. The Secretaries of the Advisory Committee and of the Executive committee or Committees shall submit the reports of meetings of their respective Committees of which they are Secretaries from time to time or as and when required by the Trustees.
17. The Members of the Advisory Committee or any Executive Committee will work in honorary capacity, but the Trustees will have power in any given case to pay an honorarium to any one or more or all members of any committee as the Trustees may think fit. All other expenses actually incurred by any Committee within the sanctioned limit will be disbursed out of the Trust Funds.
18. The Trustees will be entitled to delegate any of the powers of the Trustees under this Deed or in Law to any Executive Committee subject to such conditions as the Trustees may think fit.
19. The Trustees shall invest the Trust Funds in authorized Trust securities including bank deposits, or deposits or debentures of public undertakings but not in shares or debentures of any other Commercial Companies and the income raised from such securities only will be used in carrying out the objects of the Trusts. The Trustees will have power to change the investments from time to time as may be beneficial to the Trust.
20. The Trustees shall have the following powers:
a. To receive donations or gifts in money or in kind on such conditions as the trustees may agree upon and which are not inconsistent with the objects of this Trust.
b. To acquire any immoveable or moveable property, required for carrying out the objects of the Trust, by way of purchase, lease, gift, construction or on leave License basis or otherwise howsoever.
c. To sell any immoveable property or any part thereof or give on lease any property or any part or parts thereof not required for carrying out the objects of the Trusts, subject however to the permission of any authority if required by law.
21. The number of Trustees shall be not less than three and not more than nine. In the event of any trustee ceasing to be a Trustee by reason of death, resignation or physical or mental incapacity or otherwise, the remaining trustees shall have power to appoint any other person in his place as trustee and on such appointment all the Trust Fund will vest in him along with other trustees.
22. The Trustees shall not be entitled to any remuneration or to pay any remuneration to any person for acting as Trustee out of the Trust Fund.
23. The Trustees shall keep and maintain proper and regular accounts of the Trust Fund and of the income and expenditure and shall get the accounts audited by a duly qualified auditor to be appointed by the Trustees and the audited annual Balance Sheet and the Income and Expenditure Accounts or Receipts and Payment Accounts shall be finally approved and passed by the Trustees at one of their ordinary meetings and shall be filed with any Authority appointed under any Law. All the audited Statements of Accounts of the Trust namely the Balance Sheet and Receipt and Expenditure account shall also be placed before the meeting of the Trustees for approval.
24. All accounts in the Banks shall be maintained in the name of the Trust or the Trustees and will be operated by any two or more trustees as may be decided by them from time to time.
25. The Trustees shall maintain a register of the Trust Fund and its investments and shall keep it up to-date by making additions to or alterations in the same as and when new investments are purchased or acquired or disposed of by the Trustees. The Trustees shall physically verify the list or register at least once a year.
26. The Trustees will have following additional Powers:
a. To appoint an Advisor or a Board of Advisors to advise the Trustees in the formulation of general policies or in such other matters as are referred to them, provided however that, it shall be open to the Trustees to accept or not their advice wholly, partly or to reject it.
b. To sanction recurring expenses from month to month.
c. To sanction expenditure on non-recurring items in any year. (d) To institute, defend or compromise legal proceedings on behalf of the Trust, if and when necessary.
d. To invest, dispose of, transfer or otherwise deal with the funds of the Trust subject to the provisions of any law to that effect in such manner as the Trustees shall deem fit, so as to enable them to carry out the objects of the Trust effectively.
e. And generally to do any other acts or act not mentioned above that may be necessary in the discharge of their duties and execution of the powers vested in the Trustees.
27. The Trustees shall be chargeable only for such moneys, stocks, securities and other property as the Trustees shall actually receive notwithstanding their signing receipt or cheque for the sake of conformity and shall not be answerable and accountable or responsible for the acts, receipts, omissions, commissions, neglects and defaults of bankers, brokers, auctioneers, advocates or other persons with whom or into whose hands any trust moneys or securities may be deposited or for any other loss unless the same shall happen through his own negligence, willful default or omission, breach of Trust, misapplication or misconduct.
28. The Trustees may reimburse themselves or pay and discharge out of the Trust Fund all expenses properly incurred in or about the execution of the Trusts/or Powers under this Trust or any of them. Provided, however, that this right and/or power of reimbursement shall not be operative in case of a Trustee held liable for the loss caused to the Trust for his acts of commissions or omissions.
29. The Trustees shall have power from time to time to frame rules and regulations as they may think fit and proper for the administration and carrying into effect the provisions of this Trust and to provide for the Management of the Trust Fund and also from time to time alter any such rules and regulations or to repeal any of them and substitute others in their place, provided always that, no such rules or regulations as framed or subsequently amended shall in any manner be inconsistent with any of the provisions of this Declaration of Trust.
30. In all cases in which it is found necessary or desirable to amend, alter to or add to this Trust or any Clause hereof, to seek advice or any other directions on any question of conduct or administration or Management of this Trust, the Trustees shall have the right under this Trust to apply to any statutory authority or a court of law
31. The Trustee shall take steps immediately after the execution of these presents to register this Trust with authority appointed by any Act, governing public charities.
32. If this Trust ceases to function by reason of there being no trustees existing or the Trustees not carrying the objects of the Trust, or for any other reason, then with the approval of any prescribed authority or a court of law and on the application of any person connected with or interested in this Trust, the Trust Fund of the Trust then existing shall be transferred to any public Trust existing and functioning as such authority or court may think fit.
IN WITNESS WHEREOF the Trustees have put their respective hands on the day and year first hereinabove written.
Signed by the within named)
in the presence of)