Deed of Public Trust

THIS DEED OF TRUST made at ________ this ______ day of_________________ 200___ BETWEEN ________ of _______, Indian Inhabitant, having address at _________________________ _________________________, hereinafter called “THE SETTLER” (which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, executors and administrators) of the ONE PART; AND (1)__________________________, (2)______________________, 3) _____________________________________ and (4) __________________ ___________________, all of ________, Indian Inhabitants, having address at ____________________________________________________________ hereinafter collectively called “THE TRUSTEES” (which expression shall unless repugnant to the context or contrary to the meaning thereof include the survivor or survivors of them and other the Trustee or Trustees for the time being of the Trust herein mentioned) of the OTHER PART :
WHEREAS:
(a)	The Settler being desirous of creating a Trust called ABC CHARITABLE TRUST (hereinafter referred as “the said Trust”) for carrying out charitable objects and purposes wide enough to confer benefits thereof on all persons irrespective of class, creed and community and for relief of poor, education, medical relief and advancement of similar objects of general and social welfare and so that such benefit may be given directly by the said Trust.
(b)	The Settler has requested the Trustees to act as the First Trustees of the said Trust along with himself and the Trustees have accepted the said request of the Settler.
(c)	For the objects aforesaid the Settler is desirous of settling on Trust the sum of Rs. 20,000/- (Rupees Twenty thousand only) as corpus of the said Trust which said amount the Settler has on execution of these presents handed over in cash to the Trustees.
 NOW THIS INDENTURE WITNESSETH that in pursuance of the aforesaid desire and for carrying out such desire into effect the Settler doth hereby grant, transfer and assign unto the said Trustees the said sum of Rs. 20,000/- (Rupees Twenty Thousand only) AND all the Estate, right, title and interest, claim and demand of the Settler therein AND NOW the parties hereto are desirous of recording the purposes, objects, uses and Trusts as also the terms and conditions of the said Trust as follows:—
1. 	The Trustees shall stand possessed of the said sum of 
Rs. 20,000/- (Rupees Twenty Thousand only) and the profits and income thereof and the stock, fund, securities, donations, contributions, subscriptions and amalgamations that may hereafter be collected by the Trustees under these presents and the properties movable and immovable for the time being representing the same respectively (hereinafter for brevity’s sake called “the Trust Funds”) upon the Trust and with and subject to the powers, provisions, agreements and declarations hereinafter declared and contained of and concerning the same, that is to say:
(a)	Upon Trust in the first instance to collect the dividends, interests, rents, profits and other income of the Trust Funds (hereinafter for brevity’s sake called ‘the income of the Trust Funds’) and from and out of the same in the first place pay all the proper costs, charges and expenses of the Trust Funds and incidental to the collection thereof and all out-goings payable in respect of the Trust Funds and any immovable property or properties for the time being subject to the trusts hereof as also the costs, charges and expenses of and incidental to the execution, management and administration of the trusts and powers herein contained.
(b)	Subject to the provisions of sub-clause (a) of this clause, the Trustees shall hold the Trust Funds upon trust (so that as far as practicable the corpus shall always remain intact and only the income thereof shall be used, but with liberty to the Trustees at their discretion to use the corpus from time to time either wholly or in part or parts) for the public charitable purpose including:
	(i)	Relief to the poor/deserving persons;
	(ii)	Advancement of education;
	(iii)	Medical relief;
	(iv)	Advancement of any other object of general public utility not involving the carrying on of any activity for profit as the law may regard as Public Charitable purpose; as the Trustees may think fit and for one or more of such public charitable purposes to the exclusion of other or others as the Trustees may think fit provided that the income as well as the capital as well as the corpus shall be applied only towards the public charitable purposes as aforesaid and any accumulation of income shall also be made and deemed to be made for  application to such charitable purposes as aforesaid PROVIDED FURTHER:—
(a)	That notwithstanding anything herein before or hereinafter contained, the income as also the corpus of the Trust Funds shall be applied and be applicable only to or for such public charitable purposes and objects and subject to such conditions or limitations if any as may from time to time be laid down in the Income Tax Act, 1961, or any other Act governing the taxation of income as will ensure or make the Trust hereby established and its income as eligible for exemption from taxation under the Income Tax Act, 1961, or any replacement or re-enactment thereof or modification thereof or under any other Government taxation for the time being in force in India.
(b)	And further so that the Trust hereby established shall be one to which the provisions of 
Section 80G of the Income Tax Act, 1961, or any replacement, re-enactment or the modification thereof for the time being in force shall apply so that any donation thereto be recognized eligible for exemption or relief from tax with regard to the Donor.
(c)	Without prejudice to the generality of the foregoing objects or purposes but subject as aforesaid IT IS DECLARED that the Trustees shall in each year apply the income of the Trust funds and may at the discretion at any time and from time to time apply also the Trust Funds or any part or parts of the Trust Funds in or towards any one or more of the following objects or purposes (which according to the taxation laws be public charitable objects or purposes) to the exclusion of the other or others of them in such proportion and manner in all respects without distinction or irrespective of religion, caste or creed as the Trustees may in their absolute discretion think proper, that is to say:—
(1)	To establish, erect, equip and maintain or contribute towards establishments, erection, equipment and maintenance of colleges, schools, bal-mandirs, libraries, free reading rooms, gymnasiums, swimming pools, hospitals, dispensaries, medical clinics — including clinics for tuberculosis patients, nursing homes, maternity homes, orphanages, home for widows, destitute or other unattached woman, vikas grahas and charitable institutions for the relief of poor, education, medical relief and advancement of other objects of general public utility not involving the carrying on of any activity of profit.
(2)	Educational institutions encouraging literature, arts, medicine, science, agricultural crafts, history, technology, agricultural technology and technical education in all branches.
(3)	Endowments to different universities existing or which may hereafter come into existence for the purpose of encouraging education.
(4)	Endowments to hospitals, infirmaries, maternity homes, orphanages, sanatoriums, boarding houses, hostels and charitable dispensaries.
(5)	Awarding scholarships and fellowships in cash or in such other form on such terms and conditions as the Trustees may think fit for the purpose of undertaking, prosecuting and encouraging studies PROVIDED THAT such scholarships and fellowships shall be awarded to such poor and/or deserving students and scholars studying in schools, colleges, universities and other educational institutions in India or abroad and who cannot afford and have no means to prosecute the same.
(6)	Setting up or helping by endowments orphanages or poor houses for the benefits of orphans and poor persons and awarding of scholarships and cash payments to poor persons and widows desirous of receiving a primary, secondary and/or higher education and/or research in any branch or branches of science in its widest sense.
(7)	To pay tution fees, examinations fees, boarding and lodging fees to deserving students and to supply books free of cost to such students.
(8)	To make monthly or other periodical or lump-sum grants and contributions for the advancement of education to educational institutions.
(9)	To render financial help to deserving students to enable them to purchase books and other equipments necessary for their education.
(10)	To render financial help to needy and deserving persons to enable them to obtain medical treatment either in India or abroad in cash or in such other forms and on such terms and conditions as Trustees shall deem fit PROVIDED HOWEVER that in case of medical treatment to be obtained abroad, financial help should be rendered in India.
(11)	To give financial help to needy widows and orphans for the purpose of their maintenance, medical treatment and education specially in arts and crafts so as to enable them to earn their livelihood.
(12)	Establishing or rendering help to any institutions for the alleviation of human suffering.
(13)	To distribute blankets, rags, woolen clothing’s, clothes or cotton, woolen, silken and other varieties of cloths to the needy.
(14)	To start, maintain and assist any relief measures in those parts which are subject to natural calamities, like famine, fire, flood, dearth of water, earthquake, etc.
(15)	Without distinction and irrespective of religion, castes or creed to give relief to poor, relief to the deserving, medical relief advancement and propagation of any object of general public charity, public institutions, maintenance and support of the schools, educational institutions, hospitals, relief of any distress caused by the elements of nature, give educational grants and assistance in advancement of learning in all its branches, establishing research work in connection with medicine, literature, technology, science, industrial problems or for providing funds for instituting and/or starting professorships or lectureships or giving scholarships in any branch of medicine, family planning, science, technology or commerce or law giving free aid to any charitable institutions, trusts, associations, organizations etc.
(16)	To undertake any programme of rural development including any programme for promoting the social and economic welfare of, or the uplift of the public in any rural area, and the funds of the association/institution raised for this purpose would be utilised for the above object.
	PROVIDED FURTHER THAT every contribution by Trustees to any other trust, society or institution fund scheme or object having as its sole object all or any of the aforesaid public charitable trusts and objects shall be treated and deemed to be a furtherance and achievement of the objects for this Trust.
	PROVIDED FURTHER THAT notwithstanding anything contained hereinabove the Trustees shall have an absolute power by deed inter-vivox or such other documents as may be necessary to delete any of the objects or provisions or any part of the aforesaid Trust which are found contrary to the concepts of public charitable purposes or objects or outside the scope of the Indian Income Tax Act, 1961, or any re-enactment, replacement or modification thereof and other taxation law as may be applicable from time to time and enforced in India or the provisions of any other law relating to the public charities in India.
2. 	The Public Charitable Trust hereby established shall be designated as ABC Charitable Trust and the said name shall never be changed. The Trust office shall be situated at ......................................., and/or such other place or places as the Trustees may from time to time determine.
3. 	The Trustees shall be entitled at such time or times as they think fit and at their absolute discretion to sell and convert the Trust Funds or any portion thereof.
4. 	All moneys forming part of the Trust Funds and requiring investment shall be invested in the name of at least two of the Trustees for the time being of these presents or where allowed in the name of the Trust in or upon any of the securities authorised by law for investment of Trust Funds or in the purchase of shares (Preference or Equity) of any company or companies or in or upon the purchase of first legal mortgage of immovable properties PROVIDED HOWEVER THAT in case of leasehold properties for a term, 30 (thirty) years at least or such term shall be unexpired at the date of such investment or purchases and with liberty to the Trustees in case of leasehold properties to waive the production of the Lessor’s title and also in or upon stocks, funds, shares, debentures, debenture stock, mortgage or securities of any Corporation, Companies or public body, Municipal, Commercial or otherwise or in or upon stocks, funds, shares, debentures, debenture stock, mortgage or securities of any public body, municipal, commercial or otherwise or in or upon current accounts or deposits with any Bank or Banks and the Trustees shall be entitled from time to time to vary and transpose the said investments into or for others of the same or a like nature. The Trustees shall also be entitled to keep and maintain the account or accounts of the Trust and the Investments of the full or part of the Trust Funds with any person or persons, companies (whether public or private), firm or firms or any other funds or institutions as they may in their absolute discretion think fit subject nevertheless to the compliance of all legal formalities necessary and under the laws for the time being in force relating to the public charities.
5. 	The Trustees shall have power in their discretion so far as the income of the Trust funds or any part thereof shall not be applied in and upon the Trusts under these presents, to invest and accumulate the same in the names of the Trustees in any investments permitted under these presents with power to the Trustees at their discretion to vary and transpose any investments for others of any nature hereby authorised. The Trustees shall stand possessed of such accumulation upon the same trusts as are hereby declared of and concerning the Trust Funds PROVIDED ALWAYS that the Trustees shall be at liberty to apply the whole or any part or parts of such accumulations at any time in or towards the trusts herein contained as if the same had been the income arising in the year in which the same shall be so applied.
6. 	The Trustees shall have power in their discretion to accept upon such terms as they may think fit any donations or contributions which any person may be desirous of making to the Trust Funds (whether such donations, contributions be of money, shares and securities, debentures, bonds, stocks, and/or other property, movable and/or immovable) PROVIDED ALWAYS THAT the terms upon which such donations or contributions shall be accepted shall not, in any way, be inconsistent with or repugnant to the objects of these presents and shall only be for the purpose of the Trusts created under these presents to be utilised only in furtherance of its objects PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that save as otherwise expressly provided by the terms of the donations, or contribution aforesaid the Trustees shall, in their absolute discretion, be entitled to treat such donations or contributions or any part thereof as part of the corpus of the Trust Funds or to utilise such donations or contributions or any part thereof for the furtherance and fulfilment of the objects of the Trust.
7. 	The Trustees shall have the power to let, sub-let or give on leave & license basis or otherwise the immovable properties belonging to the Trust from month to month and from year to year or for any term of years or in perpetuity and to sell, exchange and purchase immovable properties upon such terms and conditions as they may, in their discretion, deem fit from time to time.
8. 	The Trustees shall keep the movable and immovable properties from time to time forming part of the Trust Funds in repairs and duly insured.
9. 	The Trustees shall have the power in their discretion to make any additions, alterations and improvements to the immovable property or properties of the Trust Funds and to develop the same from time to time in such manner as they, in their discretion deem fit and proper from time to time.
10. 	The Trustees shall at all times be entltied to sell or otherwise dispose of any property belonging to the trust comprised in the Trust Funds which does not consist of money for such consideration and upon such terms as the Trustees, in their discretion, may deem fit and proper.
11. 	The Trustees shall if the situation so requires be entitled in their discretion to borrow moneys upon such terms, conditions and securities as the Trustees in their discretion deem fit and proper from time to time and to manage the Trust property comprised in these presents as security for repayment of the loans borrowed for the purposes of the trust.
12. 	The Trustees shall be entitled to open and maintain in the name of the Trust or in the names of any two or more of them the Bank account or accounts with any Bank or Banks as they shall from time to time decide and all moneys so far as possible, shall be paid in such account or accounts and any two Trustees jointly shall be entitled to operate such account or accounts.
13. 	The Trustees shall have full power to apportion the Trust Funds and to compromises or compound all actions, suits and other proceedings and all differences and demands and refer any such differences or demands to arbitration and to adjust, settle and approve all accounts relating, to the Trust Funds and to execute releases and all documents necessary in the premises and to do all other things relating thereto respectively as fully as if they were absolutely entitled to the Trust Funds and without being answerable for the loss occasioned thereby.
14. 	Instead of themselves spending any sum for any purpose authorised by these presents or by law or by statute the Trustees shall have full power to pay any sum for the purpose of such expenditure to the Treasurer or Secretary or other official or any institution without being bound to look after the application thereof and the receipt of any such Treasurer, Secretary or official shall be a complete discharge to the Trustees for such payment and for seeing to the application thereof, subject to necessary permission required under any law for the time being in force relating to public trusts.
15. 	The Trustees shall be empowered to carry on any trade, industry or exhibition which in the opinion of the Trustees and subject to the provisions of Indian Income Tax Act, Indian Trust Act and the Bombay Public Trusts Act for the time being in force are permissible and are essential, incidental or conducive to the attainment or for the fulfilment of all or any of the objects of the Trusts.
16. 	The number of Trustees of these presents shall not be less than two and more than six in number and the Trustees shall be entitled to appoint additional Trustee or Trustees as and when the Trustees deem fit. The said Trustees of these presents shall act as Trustees for life or until they resign or otherwise vacate their office or are removed as hereinafter contained. However, any of the said trustees may at any time resign his office of the Trustee by giving one month’s notice to his co-trustees and upon the expiry of such period, such trustee shall be deemed to have vacated his office.
17. 	In case any of the said Trustees for the time being of these presents shall become bankrupt or insolvent or shall be convicted of any criminal offence involving moral turpitude then and in every such case it shall be lawful for the other trustees to give notice to such trustee so becoming bankrupt or insolvent or being convicted of any criminal offence involving moral turpitude by notice at his last known address intimating that he is removed as trustee of these presents and thereupon such trustee of these presents shall cease to be the trustee of these presents and such trustee shall after receipt of such notice and whenever called upon to do so, do all necessary acts on his part to vest in the said trust fund in the continuing Trustee or Trustees or any such Continuing trustee or trustees jointly with the new Trustees to be appointed under the provisions in that behalf hereinafter contained.
18. 	In case and so often as the Trustees hereby constituted or any of them or any future trustees or trustee of these presents be removed or shall die or go to reside abroad or desire to retire or refuse or become incapable to act in the Trust hereof or take the benefit of the Insolvency Law for the time being in force then and in every such case it shall be lawful for the surviving or continuing Trustees for the time being of these presents (and for this purpose the retiring or refusing Trustees shall if willing to act in the exercise of this power be considered a Continuing Trustee) to appoint a new Trustee.
19. 	Upon every such appointment of the Trustees as aforesaid the Trust Funds shall be so transferred as to become vested in the New Trustees or Trustee either jointly with the Continuing Trustees or solely as the case may require and every newly appointed Trustee as well as before as after the said Trust Funds shall have become vested in him shall have all the powers and authorities of the Trustees under these presents.
20. 	The Trustees may, if they deem fit, appoint one of themselves to be the Chairman of the Board of Trustees.
21. 	The Trustees shall ordinarily transact their business in a duly invited and assembled meeting which should take place at least once during every six months. In case of urgency or whenever all the Trustees agree to the course the business of the Trust under these presents as regards the matters about which they may have agreed to such business may be transacted by a written circular to be issued by or at the instance of a trustee and circulated among the Trustees for recording their opinion, vote suggestion on matters under consideration. The vote of the majority in writing shall prevail at their meeting or on a voting by circular as aforesaid. The Chairman of the Meeting shall have an additional or casting vote in case of equality of votes. The Trustees shall keep and maintain proper minute books in respect of all the meetings of the Trustees and of all circular resolutions passed by them from time to time and other necessary books and records.
22. 	Two Trustees shall form a quorum at all meetings of the Trustees. On the circular all the Trustees for the time being of these presents must record their votes before any action can be taken on the subject of the circular.
23. 	The Trustees may, as and when required, from amongst themselves appoint an Honorary Secretary or may appoint another person either honorary or paid secretary and such secretary shall carry out such work under the direction, supervision and guidance of the Chairman as the Trustees may from time to time assign or entrust to him.
24. 	The Trustees may, purchase or rent or hire a place for their office for holding meetings of the Trustees and transacting the business of the Trust and furnish it with necessary furniture at the cost and expenses of the Trust Funds.
25. 	All records, minutes books, title deeds, securities, account books, vouchers, papers and documents relating to the Trust shall remain in the custody of such person or persons and at such place or places as the Trustees may from time to time determine.
26. 	The Trustees shall keep proper books of account in which all receipts and expenditure relating to the Trust shall be entered and such books shall be kept at the Office of the Trust. The Accounting Year of the said Trust shall be financial year beginning from 1st April and ending on 31st March of each calendar year. The Trustees shall in each financial year have made and prepared all proper accounts of receipts and expenditure in connection with the managements of the Trust for the preceding year showing separately several heads of receipts and expenditure and such accounts shall be audited by a Chartered Accountant appointed from time to time by 
the Trustees.
27.	The Trustees shall be entitled to make rules and regulations for the management of the Trust and all matters relating to the Trust and Trust Funds and their management including the conduct of the meetings of the Trustees provided such rules and regulations shall not be repugnant to the provisions hereof or offend against the purposes of the Trust or be inconsistent therewith.
28.	The Trustees shall be entitled at their discretion to employ Solicitors, Attorneys and legal advisors and other persons and to appoint local committees at any place or places as they may think necessary for carrying out the Trust or the management thereof and if and when they shall think fit to employ and pay out of the Trust Funds, charges and remuneration and/or salary to any person or persons so appointed to do any act or acts including the receipts of money although they or some one of them could have done that act or those acts and any of the Trustees being a person engaged in any profession or business or any firm of which he shall be a member as if he or they shall in the performance of the Trust or the exercise of the powers hereby created do any act or acts which only a person engaged in that profession or business or any firm of which he shall be a member may if he or they shall in the performance of the Trust or the exercise of the powers hereby created do any act or acts which only a person engaged in that profession or business can do make and be paid out of the Trust Fund such charge or charges for the act or acts done by him or his firm as aforesaid as he or they might make and recover if that act or those acts had been performed for or at the request of any person for whom that Trustee was not a Trustee.
29.	The receipt in writing of any two Trustees for the time being of these presents for any interest, dividend or income of the Trust properties or for any deeds, papers, writings, documents or other moneys and effects payable or deliverable to the Trustees shall be a sufficient and effectual discharge for the same respectively or for so much thereof respectively as in such receipt or receipts shall be expressed or acknowledge to be or to have been received and the person or persons to whom or in whose favour the same shall be given, his, her or their heirs, executors, or administrators shall not afterwards be in anywise obliged or concerned to see to the application of the moneys, property and effects therein mentioned and acknowledged to be received or be answerable or accountable for the loss, mis-application or non-application thereof.
30.	The Trustees for the time being of these presents shall be respectively chargeable only for such moneys, stocks, funds, deposits and securities, as they shall actually receive notwithstanding their respectively signing any receipt for the sake of conformity and shall be jointly answerable or accountable only for their own acts, receipts, neglects and defaults and not for those of each other nor for any bankers, auctioneers or any other persons with whom or into whose hands any trust moneys or securities may be deposited or come in accordance with these presents nor for the insufficiency or deficiency of any stock, funds, deposits or securities nor for any defect or insufficiency of title nor for any other losses unless the same shall happen through their own wilful default respectively.
31.	The Trustees for the time being of these presents are entitled to reimburse themselves or pay and discharge out of the Trust Funds all expenses incurred in or about the execution of the Trusts and powers of these presents.
32.	In case of any difference of opinion among the said Trustees for the time being in any manner concerning the said Trust including interpretation of these presents, the power of appointment of the Trustees or any other matter of the Trust or questions relating to or arising out of the said Trust or its business, the opinion of the majority and in case of tie, the casting vote of the Chairman shall prevail and be binding and conclusive.
33.	The Trust Funds shall be administered and managed in accordance with provisions contained in these presents and the rules and the regulations which may from time to time be framed by the Trustees hereunder PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that the Trustees or Trustee for the time being of these presents shall have power from time to time to alter or to add to the said rules and regulations which shall not offend against the objects and purposes of these presents or be inconsistent therewith.
34.	IT IS HEREBY EXPRESSLY AGREED AND DECLARED THAT the Trustees shall have the power by an unanimous resolution in that behalf to modify, enlarge or terminate any of the objects and purposes of these presents or any other power or provisions of these presents without however affecting in any way the general object and purpose of the Trust for utilising the Trust Funds and the income of the Trust Funds for the charitable purpose only for the benefit of all without distinction of the caste, creed and religion and to the intent that the Trust Fund and the Income thereof shall at all times hereafter be utilised for such charitable purposes only and not otherwise and on the Trustees resolving to  terminate any particular object or purpose of any particular power or provision as aforesaid the same shall thereafter cause to be applicable but without prejudice to the rights of the Trustees by similar unanimous resolution to restore any such object or purpose power or provisions either in the original form or with such modification thereto as the Trustees may consistently with the provision of this clause determine PROVIDED ALWAYS that notwithstanding anything hereinbefore or hereinafter contained the income as also corpus of the Trust Funds shall be applied and be applicable only to or for such charitable purposes and objects only and within such territories only and subject to such condition or limitation if any as may from time to time be laid down in the Income Tax Act, 1961 or any other Act governing the taxation of income as will ensure or make the Trust hereby established and its income as eligible for exemption from taxation under the Income Tax Act, 1961 or any replacement re-enactment or modification thereof or under any Act governing taxation for the time being in force in India and further so that the Trust hereby established shall be to which the provisions of 
Sections 80G of the Income Tax Act, 1961, or any replacement, re-enactment or modification thereof for the time being in force shall apply so that any donation thereto be recognised eligible for exemption or release from tax in regard to the Donor.
35.	IT IS HEREBY DECLARED that the Trust shall be and remain irrevocable for all times to come but in case the Trustees so decide unanimously, they may hand over the corpus of the Trust Fund to any other Trust or Institution or Society being a Society registered under the Societies Registration Act having identical or similar objects and purposes on such terms and conditions as the Trustees may think to impose at the time of handing over the Trust Fund to the intent and purpose that thereafter the Trust Fund shall be owned and managed by such Trust, Institution or Society for the purpose of their objects.
IN WITNESS WHEREOF THE Settler and the Trustees have hereunto set and subscribed their respective hands the day and year first hereinabove written.

SIGNED AND DELIVERED by the
Within named the Settler in the presence of:

SIGNED AND DELIVERED by the
Within named:	
(1)...........................................................
(2)...............................................................
(3).............................................................
and
(4)............................................................
“THE TRUSTEES” in the presence of