TRUST DEED
THIS INDENTURE made at this                       day of,        2021, between resident of
hereinafter referred to as the ‘SETTLOR’ (and this expression shall unless repugnant to
the context or meaning thereof be deemed to include his legal heirs, successors and
assigns)] of the First Part.
(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:
(A)   The Settlor desires of creating and establishing a trust under the name of
      “                                            ” as a Trust for the purposes of
      construction and for undertaking educational and charitable activities for the benefit
      of the public, for the objects set herein after.
(B)   For effectuating the said desire and in consideration of these premises, the Settlor
      doth hereby declare that it has handed over to the Trustees the sum of Rs. 100,000/-
      (Rupees One Hundred Thousand Only) and all the estate, rights, title, interest,
      property, claim and demand whatsoever at law and in equity of the Settlor in and to
      the said sum.
(C)   In furtherance of the Settlor’s aforesaid desire, the Settlor has decided to create an
      irrecoverable Trust as hereinafter mentioned.
                                              1
(D)   The Trustees hereto have given their consent to act as first the Trustees of these
      presents and to accept the trust under these presents as is testified by their being
      parties to and executing this Deed.
(E)   Nothing contained in this deed shall be deemed to authorize the Trustees to do any
      act which may in any way be against legal provisions and all activities of the Trust
      shall be carried out for public charitable objects, without any profit motive and in
      accordance with the provisions of the Income-tax Act, 1961 or any statutory
      modification thereof or any other applicable law.
(F)   The Trust is hereby expressly declared to be a public charitable trust and all the
      provisions of this deed are to be construed accordingly.
NOW THIS TRUST DEED WITHNESES AS FOLLOWS:
1.    The Settlor does hereby settle the sum of Rs.100, 000 /- (Rs. One Hundred
      Thousand only) as corpus to the Trust, with the name and for the objects hereinafter
      stated, by delivering the said amount and the Trustees, have accepted the receipt of
      and which they do hereby acknowledge, to hold the same in and to the Trustees with
      the powers and obligations as provided hereinafter.
2.    The name of the Trust shall be                                    (“TRUST”).
3.    That the registered office of the Trust shall be situated at......................................, or
      at such other place or places as the Board of Trustees may decide from time to time.
      Branch or administrative offices of the Trust can be opened in any part of the
      country for the smooth functioning of the Trust.
                                                   2
4.           The Board of Trustees shall hold a sum of Rupees 1, 00,000.00 (Rupees One
             Hundred Thousand Only), this day paid to them and all monies, funds, other
             movable or immovable properties and incomes thereof which may hereinafter be
             received by the Board of Trustees from time to time as
5.           Gifts, Donations, Grants, Subscriptions or otherwise for the purposes of the Trust
             and the Trust fund shall vest in the Trustees jointly.
6.           PURPOSE OF THE TRUST
             That the objectives of the Trust shall be wholly for the public and charitable
             purposes and incomes shall be applied for the same and accumulated in India
             wholly for public and charitable purposes without prejudice to generality of
             provisions aforesaid and the following shall be deemed to be the principal
             objectives of the Trust:
     (i)           To run, maintain or assist or acquire any educational or other institution for
                   coaching, guidance, counseling or vocational training or to grant individual
                   scholarships for poor, deserving and needy students for elementary and higher
                   education.
     (ii)          To establish, acquire and run Educational Institutions according to preference
                   and desirability or participate with a similar or any institution for this
                   purpose.
     (iii)         To establish, acquire, finance, promote, participate and run educational
                   institutions, schools, colleges, hostels, universities and other centers for
                   educational upliftment.
     (iv)          To provide financial and other aid and consultancy to institutions/
                   organization engaged in promotion of education.
     (v)           To function as data bank on education and to establish information and
                   counseling centres.
                                                    3
     (vi)          To arrange for providing coordination and imparting training in the relevant
                   skills and in entrepreneurship to artisans children and help them in setting up
                   self-employment ventures.
     (vii)         To open and run and assist libraries and book banks.
     (viii)        To provide with Merit Scholarships, General Scholarships and Loan
                   Scholarships.
     (ix)          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.
PROVIDED the Trust may assist/donate to 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.
AND GENERALLY to do in all public, charitable purposes related to Education/Scientific
            research for public benefit without any discrimination of caste and creed, throughout
            the territory of India.
7.          BENEFICIARIES OF THE TRUST
The Trust is established for the benefit of humanity as a whole and in particular the needy
            students of the backward sections of the Society, without discrimination of caste,
            religion, creed or sex.
8.          PROPERTIES OF THE TRUST
                                                   4
The properties shall consist of:
      (i)     The amount transferred by the SETTLOR as mentioned above, towards the
              Corpus Fund of the Trust.
      (ii)    Any cash, kind, properties, movable and immovable that may be acquired by
              purchase or otherwise or all manner of rights, title or interest in or over any
              property, movable or immovable, by the Trust.
      (iii)   All additions and accretions to the Trust, properties and the income
              therefrom.
      (iv)    All donations, gifts, legacies, grants, in cash or in kind accepted by the
              trustees upon the Trust.
The properties of the Trust shall be utilized for the objects set forth herein above and
      subject to the provisions and conditions herein mentioned.
The term property of the Trust shall include and be interpreted to mean every kind of the
      property, moveable or immoveable, if owned by the Trust or in control and custody
      of the or at the disposal of the Trust.
9.    RAISING AND UTILIZATION OF THE FUND
In order to achieve any or all of the objects of the , the Trust may raise funds through
      donations, gifts, waqf, perpetuals, grants, contribution, financial        institutions,
      individuals, associations firms and corporate bodies and to invest and deal with the
      money and funds from time to time as determined by the Board of Trustees subject
      to applicable law. The is further empowered, in order to achieve any or all the
      objects of the , to take on lease or purchase or accept by way of gift any land,
      building or any other property moveable or immoveable and to remunerate any
      person, firm, institution for services rendered to the in any capacity and to pay
                                                5
      out of the funds of the all costs, charges, expenses, incidental to the establishment,
      registration and advertisement of this and to adopt and take such other lawful
      means as may be incidental and conducive to the accomplishments of all or any of
      the objects of the and shall also be entitled to receive grants and donation from
      Foreign Governments, Organizations, Institutions, Agencies, Waqf and individuals
      in accordance with applicable law.
10.   CONTROL OF THE TRUST
      The properties and funds of the Trust shall vest in the Founder eyes till such time
      that the Founder Trustees admit further Trustees to the. Thereafter, the properties
      and funds of the Trust shall vest in the Board of Trustees. The number of members
      of the Board of Trustees shall not exceed 19 and if there are any vacancies at the
      time of execution of this deed, the same can be filled up at any time in future by co-
      option of the Board of Trustees.
11.   FUNCTIONS, POWERS AND DUTIES OF THE BOARD OF TRUSTEES:
      (i)    To manage the properties, assets and funds of the Trust, from time to time, as
             they may think fit and necessary for the purposes of such management and
             control or in connection with the execution of any of the objects herein
             contained or powers hereby vested in them and to make appropriate
             regulations (not being inconsistent with this deed) or to rescind or alter any
             such regulation.
      (ii)   To accept voluntary contributions from any person from India or outside,
             including body corporates etc., after complying with statutory formalities, by
             way of donation, gifts or in any other manner and to hold the same upon the
             for furtherance and achievement of the objectives of the Trust.
                                            6
(iii)   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 encumbrance, but the Trustees shall not accept any receipt with
        any condition or terms inconsistent with the objects of the Trust. Any receipt
        with specific direction to treat the same as part of the corpus of the Trust or
        separate fund shall be funded accordingly.
        (iv)    To appoint a Managing Trustee, when necessary.
(v)     To review the affairs of the Trust.
(vi)    To appoint, suspend, dismiss or otherwise deal with the officers and members
        of staff required for the administration of the Trust and to prescribe their
        condition of service relating to their salaries and other benefits and generally
        exercise all powers ancillary and incidental to effectively carry out the objects
        of the Trust.
(vii) To open one or more bank accounts and to operate the same or provide for
        operating of the said accounts by authorized signatories.
(viii) To raise loans with or without security or to invite donation and financial
        help.
(ix)            The Trustees shall hold honorary office and shall not be entitled to any
                salary, allowances or perquisites, except for the reimbursement of
                actual expenses incurred in connection with attending to the Trust
                matters.
(x)     To authorize person (s) to sigh or execute documents on behalf of the Trust.
(xi)    To grant receipts for aid or donation received.
(xii) To grant Special or General Power of Attorney to represent the Trustees in
        connection with any legal or other proceedings.
(xiii) To acquire land or building on the lease or way of purchase including any
        wakf land, property or building.
                                         7
(xiv) To compromise, compound or refer to Arbitration all actions, proceedings
      and disputes relating to property or properties of the Trust.
(xv) To sell or give on rent/lease or on hire any immovable or moveable property
      of the for some certain period (s) on such terms and conditions as the
      Trustees may think fit and proper from time to time.
(xvi) The financial year for the Trust shall be from 1 st April to 31st March and the
      accounts of or institution (s) or programme (s) run by the shall be audited bi-
      annually by the auditors (s) or Chartered accountant or a firm of Chartered
      accountants to be appointed by the Board of Trustees and the fee for
      auditor(s), if paid, shall be a part of outgoing amounts from the funds of the
      Trust.
(xvii) To gift, lease, and transfer the immovable and moveable properties of the
      Trust.
(xviii) To appoint new member or members of Board of Trustees by a resolution and
      to discharge any of the Trustee, who become bankrupt or acts in any manner
      prejudicial to the interest or objects of the Trust or is convicted of an offence
      involving moral turpitude or becomes of unsound mind or is otherwise unfit
      to continue as ee, by resolution passed by simple majority of members present
      and voting in the meeting of Board of Trustees.
(xix) After defraying all necessary expenses incurred in the collection or realization
      of the income from the ten percent (10%) of the balance of the income shall
      be kept in a reserve fund to be utilized when, in the opinion of the Board of
      Trustees, there is any emergency and the remaining income may be utilized
      for the purpose of the Trust.
(xx) The Trustees may invest the Trust fund, which shall not be immediately
      required for current needs, in government securities, saving certificates, fixed
      deposits or in any other form of investment authorized and as they shall deem
      expedient. Such investments shall be in the name of the Trust. All interests
                                      8
and incomes earned from such investments shall also be invested in banks till
      required and shall be included as part of the Trust fund.
(xxi) All questions relating to the management of the Trust or the exercise of the
      powers vested in the Trust shall be decided at a meeting or, if necessary and
      expedient, by circulation. Every such question shall be decided by a majority
      of the Trustees present and voting in any meeting of Board of Trustees or by
      the circulation, as the case may be and any action or decision of such majority
      shall be as valid as if it was done or made by the all Trustees. The Chairman /
      Chairperson shall have a casting vote.
(xxii) In case of occurrence of any vacancy amongst the Trustees because of death,
      resignation or incapacity of any Trustee or any other cause, a new Trustee
      may be appointed to fill the Vacancy.
(xxiii) To appoint constituted attorneys or agents and to delegate to such attorneys or
      agents all or any of the powers vested on them under these presents and from
      time to time remove such attorneys or agents and to appoint other or others in
      his or their place.
(xxiv) To make, vary, alter or modify schemes, rules and regulations for carrying out
      the objects of the Trust and for the management of the affairs thereof and/or
      running any institution in furtherance of the objects of the and otherwise for
      giving effect to the objects of the Trust.
(xxv) To apply to the Government, public bodies, urban, local, municipal, district
      and other bodies, corporation, companies, or persons for and to accept grant
      of money and of aid, donations, gifts, subscriptions, and other assistance with
      a view to promoting the objects of the Trust and to discuss and negotiate with
      the Government Departments, public and other bodies corporations,
      companies or persons, scheme and other work and matters within the objects
      of the Trust and to conform to any proper condition upon which such grants
      and other payments may be made.
                                       9
      (xxvi) To transfer and hand over the Trust to any other Society, Corporation,
              Institution, Trust or Organisation on such terms and conditions as the
              Trustees shall in their absolute discretion think fit and proper to be held by
              the Society, Corporation, Institution, or Organisation with the powers,
              provisions, agreements and declarations, appearing and contained in these
              presents subject to such modifications as may be necessary and consequent to
              such transfer of the fund. The Trustees for the time being of these presents
              shall become discharged from the Trust thereof relating to Funds so
              transferred.
      (xxvii)       The Board of Trustees shall have the power to frame, amend, enforce
              such by-laws as it deems fit in order to carry out objects of the including all
              the matters which are necessary and incidental in respect thereof.
12.   THE BOARD OF TRUSTEES AND THE POWER TO CO OPT
      (i)     The will be managed by a Board of Trustees consisting of [●] Founder
              Trustees as above and [●]Honorary Trustees and can be co-opted by the
              Board of Trustees.
      (ii)    The Founder Trustees shall be the First Trustees and they shall automatically
              form the Board of Trustees.
      (iii)   The Trustees shall at each meeting appoint one of their members present to be
              the chairman of the meeting.
13.   CHAIRMAN OF THE TRUST
The Chairman of the Trust shall preside over all the meetings and he shall guide the Board
      of Trustees in all matters relating to the policies of the Trust. In his absence, the
      Trustees can elect any one amongst them to preside over the meetings or if there
                                             10
      be a Vice Chairman, the Vice Chairman shall preside over the meeting subject to
      concurrence of the Board.
      The first Chairman shall be ……………….
14.   MANAGING TRUSTEE
      The Trust shall have a Managing Trustee. The First Managing Trustee shall be
      Mr SANOJ KUMAR SHAW…….
A.    The Managing Trustee shall be in charge of day to day administration of the Trust.
      The Managing Trustee shall be empowered to incur the necessary routine
      expenditure and the same will be reflected in the monthly financial statement of the
      Trust to be circulated to the Trustees by the Managing Trustee.
B.    The Managing Trustee, shall be in charge of following functions:
       (i) Convening the meeting of the Board of Trustees and settling the Agenda for
            them which would include the confirmation of the minutes of the preceding
            meeting, the progress report of the Trust, presentation and adoption of the
            financial statement presented by the Managing Trustee, Balance Sheet
            whenever necessary and any other subject which the Managing Trustee may
            feel necessary to present before the Board.
       (ii) Maintenance of the Minutes Books, Account Books etc. relating to the Trust.
       (iii) Carrying out the Resolution of the Board of Trustees.
       (iv) Selection and appointment of the employees etc., as approved by the Board of
            Trustees to carry on the work of the Trust. General Secretary shall have the
            right to initiate disciplinary action against the employees of the Trust. The
            final action, however, shall be taken with the approval of the board.
                                            11
        (v) Operation of the Bank Account along with the Chairman or such other person
             nominated by the Board of Trustees and maintenance of accounts.
        (vi) Convening of the meeting of the Board of Trustees in consultation with the
      Chairman at least by giving 4 weeks’ notice to all the Trustees.
        (vii) Circulating the copies of the Minutes along with the agenda of the last
             meeting before the current meeting.
C.    The Managing Trustee shall be entitled to incur apart from routine expenditure, any
      non-routine unusual or extraordinary expenditure on behalf of the Trustees up to a
      maximum amount of Rs. 5,000/- in a month without prior approval of the Board.
      Such expenditure shall not be of a recurring nature and shall be notified to the Board
      at the next meeting.
The Trust may appoint office bearers such as Secretary and Assistant Secretary to carry
      out above tasks on the instructions of the Managing Trustee and / or Board of
      Trustees.
15.   TERM OF OFFICE
      (i)    The term of office ofTrustees
                                   First   shall be for three years. The Board of ee
      shall elect the office bearers from among themselves within 4 months of the
             formation of the Trust. They shall remain in office for 3 years. The Board will
             elect office bearers for the next terms within 4 months of the expiry of such
             term. Till such re election, the extant board shall continue to function
             normally.
      (ii)   The Board of Trustees shall have the power to increase the total number of
             Trustees upto the maximum number stated above and fix their term as per
             provisions contained herein.
                                            12
      (iii)   Mr. ………………. shall be the first Managing Trustee. However, the Board
              of Trustees may nominate any other member of the Board as Managing ee for
              subsequent terms.
      (iv)    Any Trustee, including the Managing Trustee may retire from the Trusteeship
              hereof by giving two calendar months notice in writing of his or her intention
              to do so and after the expiry of the period of notice; the Trustee giving the
              notice shall ipso facto cease to be a Trustee of these presents, subject to
              acceptance of resignation by the Board.
      (v)     Any vacancy caused by death of any one of the First Trustees, or any vacancy
              caused by the resignation of any of the Trustees, may be filled up by co-
              option by the Board of Trustees.
              The proceedings of the Board of Trustees shall not in any way be invalidated
              due to any post or posts remaining vacant. During the time when a vacancy is
              yet to be filled up, the remaining Trustees shall act as “Full Board”, subject
              to the presence of Quorum in the meetings. Any vacancy in the Board of
              Trustees or illegality in the appointment of Trustees or their proceedings shall
              not invalidate any prior act or decision of the Board.
16.   VACANCY
Any Trustee may if he/she do desires, resign his / her Trusteeship even before the expiry
      of term of Trusteeship subject however that the resignation would be effective only
      from the date of acceptance of such resignation by the Board of Trustees.
The office of a Trustee will automatically become vacant on the occurring of any of the
      following events:
                                              13
      (1)    Death of the Trustee
      (2)    Bankruptcy of the Trustee
      (3)    Conviction of the Trustee for a criminal offence
      (4)    Absence of a Trustee from three consecutive meetings of the Board unless
             such absence is condoned.
      A Trustee may be removed by 2/3rd majority of the Trustees in the event of any
      special situation warranting such removal in the view of such majority.
17.   MEETING OF THE BOARD OF TRUSTEES
      The Board of Trustees should meet at least once in 6 months and may meet more
      often when required.
      (i)    The meeting of Board of Trustees shall be convened by the General Secretary
             or the Assistant General Secretary under the authority of Managing Trustee.
             The General Secretary may also authorise any other member to convene such
             meetings under the authority of the Managing Trustee. Any member of the
             Board of the Trustees can call for a meeting.
      (ii)   One Third of the Board of Trustees or a minimum of three ees, whichever is
             higher, shall constitute the QUORUM for the Board of Trustees meetings.
             The meeting adjourned for want of quorum, except the special meeting
             requisitioned by the members of the Board as in Article 17, may be convened
             again as soon as it may be convenient after giving notice of the same and the
             meeting so convened shall proceed with the agenda irrespective of the
             quorum. The adherence to the notice period for such meeting, though
             desirable, shall not be necessary and may be convened immediately
             depending upon the discretion of the Board.
                                            14
      (iii)   All decisions shall be carried out by the majority decision of the Board but in
              the event of equality of votes, the Chairman presiding over the meeting shall
              have a second casting vote.
      (iv)    The proceedings of every meeting shall be entered in the minute’s book
              maintained for the purpose and signed by the Trustees present at the meeting.
      (v)     The meeting of the Board shall be convened after giving at least three weeks’
              notice. The notice shall contain the agenda of the meeting and the copy of
              Minutes of the preceding meeting, the financial statement and, as far as
              possible, the progress report.
      (vi)    Service of notice shall be complete if it is delivered to the Trustee personally
              or if such notice is sent by email or posted to the last postal address furnished
              by the ee concerned. The proof of dispatch shall be maintained by the
              Secretary.
18.   SPECIAL MEETINGS
A.    The Managing Trustee may, on his own motion or on advice of the Chairman or on
      the requisition of not less than 1/3rd members of the Board shall convene a special
      meeting of the Board. Members requisitioning the special meeting shall specify the
      purpose for which the meeting is to be called and the resolution, if any, which they
      seek to, convene the meeting. The Managing Trustee shall not be bound to convene
      the meeting if this is not complied with. In the case of the meeting called by the
      Managing Trustee on his own motion or on advice of the Chairman, the agenda
      shall be specified in the notice.
B.    The Special meeting of the Board can be held by giving 7 days’ clear notice of the
      meetings to be convened on the requisition of not less than 1/3 rd of the members of
      the Board. The subject, which has to be discussed, along with any resolution if any,
      of which notice has been given, shall be circulated as the agenda. Every notice
      convening special notice shall state at the heading SPECIAL MEETING.
                                               15
C.    Quorum shall not be a required for SPECIAL MEETING.
19.   OFFICE BEARERS
The Trust may appoint office staff /special staff to assist the Board of Trustees in
      discharge of their responsibilities. The Trust may create any other post of any office
      bearer and to elect an office bearer to fill up the post from among the Trustees or to
      create the post of Vice Chairman, Treasurer, General Secretary, and Assistant
      Secretary.
20.   BANK ACCOUNT
The Managing Trustee and the General Secretary shall jointly operate Bank Accounts on
      behalf of the Trust. In their absence, any of the Trustees may be authorized by the
      Board of Trustees, by a resolution, to operate the bank accounts. One or more bank
      accounts may be opened in any bank and or banks in the name of the Trust
      anywhere in carry out the objectives of the . All monies should be received only on
      account of or in the name of the Trust and receipts should be issued under the seal of
      the Trust and must be signed by the Managing Trustee or General Secretary or the
      Treasurer.
21.   ACCOUNTS AND AUDIT AND OFFICIAL YEAR
The financial year of the Trust shall be 1st April to 31st March of each year. The Board of
      Trustees shall maintain true and correct accounts of the Trust in respect of all
      moneys received and spent and of all matters in respect thereof in the course of the
      management of properties or in relation to carrying out the objects and purposes of
      the Trust.
                                            16
      The accounts of the will be audited by a Chartered Accountant appointed by the
      Board of Trustees and the audited statement of account shall be placed before the
      Board for its approval within three months of the close of the financial year.
22.   AMENDMENTS
      While this Trust shall be irrevocable, the Board of Trustees may amend any of the
      clauses except those relating to objects of the Trust. The amendment may be carried
      out by the Trustees, at a duly convened meeting of the Board with at least 4 weeks’
      notice, and by a resolution passed by at least three-fourths majority of the Board of
      Trustees. The amendments to the Trust Deed can only be passed by a resolution of
      the Board of Trustees in an actual meeting and not by circulation provided that:
      (i)     The amendment is declared in a meeting and notice of such meeting is duly
              furnished to the Trustees 4 weeks in advance.
      (ii)    Such meeting is attended at least by 3/4 th of Trustees and 3/4th Trustees shall
              constitute the quorum for such meeting and the decision shall be by the
              majority of those present.
      (iii)   At the time of meeting of the Board of Trustees, there shall exist all the
              minimum Trustees in the office and there should be no unfilled vacancy on
              the minimum number of Trustees
23.   INDEMNITY
      Every Trustee shall be indemnified out of the fund in respect of any loss arising
      from or contingent upon any investment made out of the monies of the unless such
      loss shall have been occasioned by own negligence and also every Trustee shall be
      indemnified out of the against all proceedings, suits, claims, costs, damages and
      expenses occasioned by any claim in connection with the matters or affairs relating
                                              17
      to the created by these presents or in the exercise of powers or discretion vested in
      them by virtue of these presents.
24.   DISSOLUTION:
      In the event of dissolution of the Trust, the entire Trust funds shall be realized and
      first be used for payment of liabilities of the Trust. The assets left if any, shall be
      disbursed to any other Trust having same objectives, subject to and provided that:
      (iv)   The dissolution is declared in a meeting and notice of such meeting is duly
             furnished to the Trustees 4 weeks in advance.
      (v)    Such meeting is attended at least by 3/4 th of Trustees and 3/4th Trustees shall
             constitute the quorum for such meeting and the decision shall be by the
             majority of those present.
25.   DECLARATION
      This Trust is hereby Declared to be irrevocable and comes into force immediately
      after execution and shall be registered within 3 months hereof.
      The Trustees above named also hereby declared that they have consented to be the
      Trustees and have taken delivery of the possession dejure and defacto of the fund
      and that the Trustees, before admitting new Trustees, shall cause the new Trustees
      admitted to adhere and accept this declaration and other terms above.
      IN WITNESS WHEREOF THE SETTLOR AND THE FIRST
      TRUSTEES here to have set their hands on the day, month, and year first above
      written.
SIGNATURE OF SETTLOR
                                             18
TRUSTEES:
 WITNESSES:
              19