Declaration of Trust (Public)
Model Trust Deed for
a Public Trust
(Having the appearance of a social
organization)
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:
WHEREAS:
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)
Dilatants
/Trustees)
1.
2.
3.
4.
5.
in
the presence of)
