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Ngo Deed

This Trust Deed establishes a public charitable trust aimed at educational and charitable activities for the benefit of the public, with an initial corpus of Rs. 100,000. The Trust is governed by a Board of Trustees who are responsible for managing the Trust's properties and funds, ensuring compliance with legal provisions, and fulfilling its objectives. The Trust's activities include providing scholarships, running educational institutions, and assisting underprivileged students without discrimination.

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0% found this document useful (0 votes)
132 views19 pages

Ngo Deed

This Trust Deed establishes a public charitable trust aimed at educational and charitable activities for the benefit of the public, with an initial corpus of Rs. 100,000. The Trust is governed by a Board of Trustees who are responsible for managing the Trust's properties and funds, ensuring compliance with legal provisions, and fulfilling its objectives. The Trust's activities include providing scholarships, running educational institutions, and assisting underprivileged students without discrimination.

Uploaded by

surajshaw7194
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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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.

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(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.

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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.

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(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

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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

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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.

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(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.

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(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

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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.

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(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

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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.

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(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.

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(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:

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(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.

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(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.

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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.

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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

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TRUSTEES:

WITNESSES:

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