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Trust Deed

This Deed of Trust establishes the 'ZEEL’S PEACE FOUNDATION' in Mumbai, created by Yogesh Jadhavji Shah, who has donated Rs. 10,000 to the Trustees for public charitable purposes. The Trust aims to support education, healthcare, cultural activities, and disaster relief among other charitable objectives, with provisions for managing and investing the Trust Fund. The document outlines the roles, powers, and responsibilities of the Trustees, along with the operational guidelines for the Trust's administration.

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0% found this document useful (0 votes)
38 views9 pages

Trust Deed

This Deed of Trust establishes the 'ZEEL’S PEACE FOUNDATION' in Mumbai, created by Yogesh Jadhavji Shah, who has donated Rs. 10,000 to the Trustees for public charitable purposes. The Trust aims to support education, healthcare, cultural activities, and disaster relief among other charitable objectives, with provisions for managing and investing the Trust Fund. The document outlines the roles, powers, and responsibilities of the Trustees, along with the operational guidelines for the Trust's administration.

Uploaded by

shah.priten
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THIS DEED OF TRUST made at Mumbai this 1 st day of September, 2024 between

YOGESH JADHAVJI SHAH (FURIA) of Mumbai, Indian Inhabitant to be here in after


referred as the SETTLOR (which expression shall unless it be repugnant to the context or
meaning thereof shall mean and include his heirs, executor, administrators and assigns) of the
first part and YOGESH JADHAVJI SHAH, Dr. CHARUL YOGESH , JAY RAJESH
THAKKAR and SAGUNA RAJESH GADA all of Mumbai, Indian Inhabitants, To be
here in after Collectively referred as the TRUSTEES (which expression unless repugnant to
the context or meaning thereof shall mean and include their he executors, administrators, and
assigns) of the second part;
Whereas the settler is absolutely possessed of a Sum of Rupees 10000/- (Rupees Ten
Thousand only) which sum prior to the execution these presents has been handed over to the
Trustees in Cash, receipt where of admitted and acknowledged by the Trustees as the receipt
of the Trust Fund;
And whereas the settler is desirous of making a Public Charitable Trust in respect of
the said sum;
And whereas the Trustees have agreed to become the First Trustees of these presents
as testified by their being parties to and executing these presents;
NOW THESE PRESENTS WITNESSETH as follows:-
1) For effectuating the said desire and in consideration of premises, the settlor doth hereby
declare that he has prior to execution of these presents paid and handed over to the
Trustees said sum of Rs. 10000/- in cash, to have and to hold all and singular said sum
unto the trustees forever upon the trust and with and sub to the powers, provisions
agreements and declarations here in a appearing and contained of and concerning the
same.
2) The Trustees do and each of them doth hereby declare that they the Trustees shall hold
and stand possessed of to said sum of Rs.10000/- (Rupees Ten Thousand only )all of
which are here in after for the brevity’s sake referred to as “ The Trust Fund’ (which
expression shall also mean and include any cash and other property tangible or intangible
and the investments of any kind whatsoever into which the same or any part thereof may
be converted, invested or varied from time to time or such as may be donated to or
acquired by the trustees or come to their hands by virtue of these presents or by operation
of law or otherwise howsoever in relation of these presents) upon the trust and with and
subject to the Powers, Provisions, Agreements and Declaration here in after declared and
contained of and concerning the same .
3) The name of the Trust shall be ‘ZEEL’S PEACE FOUNDATION’.
4) The office of the trust shall be at 401, Maple tower, Runwal Greens, Mulund Goregoan
link Road, Nahur, Mumbai 400078 or at any other place the board of trustees may decide
in future.
5) The Trustees shall hold and stand possessed of the Trust Fund upon the following
objects;-
i) To Manage the Trust Fund and to collect and recover the interest, dividend and
income thereof and to pay there out the expenses of collection and other
outgoings, if any necessary and / or incidental to effectively carrying out the
objects and the intents of the trust here by created.
ii) To pay or utilities the balance of such interest, dividend and income of e Trust
Fund (here in after called the net income of the Trust of Fund) or any part thereof
in the discretion of the Trustees, the corpus of the Trust or any part thereof for
all or any one or more of the from among Public Charitable purpose in such
shares and proportions and in such manner in all respects as the Trustees shall in
their absolute discretion think fit and proper (irrespective of the caste, creed and
religion of the probable beneficiary ) that is to say :-
a) To grant scholarships to the poor, needy, disabled and /or deserving students to
promote their studies in different branches of education a research.
b) To establish, aid, assist, Manage, takeover and/or conduct school, colleges, technical
and industrial institutes, Montessori, Kindergarten schools, study centers and the like
for promoting knowledge of arts, commerce, science, engineering, literature,
technology, medicine, craft and /or other branches and for such purpose establishing
suitable organizations, trusts, societies etc.
c) To maintain and conduct reading rooms, libraries and research centers.
d) To render medical aid free or at concessional rate to the need persons. To establish,
run, aid, takeover and /or assist hospitals sanatoriums, Health Centres, first aid and
ambulance centers, maternity and nursing homes etc.
e) To propagate principles of Indian Culture including principles of truth, non-violence,
unity and inner study of self etc.
f) To render timely guidance, aid and assist those affected by natural calamities, natural
tragedies etc., to support, assist and/or arrange relief camps, rehabilitation centers and
similar agencies to aid the victims.
g) To provide scope and opportunities for the development culture, literature, fine art
and sports.
h) To establish, conduct, manage and/or assist hostels for students free or at
concessional rates or otherwise and whenever required provide canteen, recreation
and other facilities for the benefit of thin mates
i) To make use of the funds for the renovations, maintenance and repairs of the old
archaeological structure including museums, temples, art galleries, mosques etc.
which are of prominence
j) To establish, aid, assist, takeover and/or manage, Sarvajanik Sanatoriums, student
hostels, community halls, Mangal Karyalayas and theatres for the performances of
art, marriages and other social and religious ceremonies.
k) Any other public charitable purpose which is recognized as such for the purpose of
exemption under the Income tax law of India for the time being in force.
l) To undertake generally all such activities as are incidental to or conductive to the
attainment of the foregoing aims and objects of the Trust.
6) The Trustees shall be entitled to receive donations, aids, assistances, grants, gifts, awards,
etc. to carry out the aims and objects of the trust, to take possession of movable or
immovable property by way of donation, purchase or other legitimate methods, to keep
such property in good condition and to sell, dispose and /or rent them out for the benefits
of the Trust subject to the other provisions contained in these presents.
7) The trustees may at any time invite or receive or without such invitation receive any
voluntary contribution either from the settlor or any member of the public by way of
donation, legacy or otherwise for all or any of the objects and charities mentioned above
provided that they are not inconsistent with the provision contained of these presents. Any
such donation may be accepted as the discretion of Trustees either with or without any
condition as may be agreed upon between the donor and the Trustees provided that such
conditions are not inconsistent with the intents and purpose of these presents. Provided
Further that shall always be for the Trustees in their absolute discretion to dec whether to
accept any donation or not and they shall at all times be liberty to refuses any donation
without giving any reason for such resale
8) The Trustees shall be entitled from time to time to open and maintain a banking account
or accounts in the name of the Trust at such or banks as they may from time to time
decide and may at any time pay cause to be paid any money to the credit of any such
account or account and either by way of fixed deposits and/or current account and/ or
other account. Any account shall be jointly operated by two of all Trustees authorized by
the board of trustees to operate such account.
9) Subject to the provision of Income tax 1961 and Bombay Public Trust Act, 1950 and
other law or enactment applicable to a public charitable Trust and/or re-enactment or
modification of any of them the time being in force the Trustees may invest the Trust
Fund and a money in their hands which required investment in or upon any one more of
the following securities or modes of investment with power time to time at their
discretion to vary any investment and the securities held by the Trusts namely:
a) Any stock or securities issued or the interest of or the government of any state in
India.
b) Stocks, security or debenture issued by any port Trust, Municipality, Municipal
Corporation, any other local body or authority India
c) Fixed or other deposit with any scheduled or Nationalized Bank banks or with any
Public Limited Company registered in India, Subject prevailing law for public Trust
and Income Tax law.
d) Any immovable property or leasehold interest therein or in flat/s or Apartment/s on
ownership basis or otherwise.
e) Any other category of investment in which the trustees are by the law for the time
being in force in India, authorized to invest such moneys.
All such investment shall be in the name of the TRUST PROVIDED that if any such
investment is not permitted in the name of the Trust, it shall be made in the joint
name of three or more Trustees by the resolution accepted by majority of all the
Trustees.
10) For the better, efficient and just administration of the said Trust and charity hereby
constituted, it shall be lawful for the Trustees from time to time to frame and make
necessary rules and regulations not Inconsistent with or repugnant to the said charity or its
main object or any of the provision hereof and from time to time to add to cancel or alter
such rules and regulations as circumstances may require and make rules as to :
a) The particular person or persons or association, organization or institutions who or
which shall be allowed the benefit of the said charity.
b) The duration manner and the extent of the such use and enjoyment.

11) AND IS HEREBY AGREED AND DECLARED AS FOLLOWS :-


The Trustees herein are appointed for the life of these presents and for their individual lives,
however, in Pursuance of the provision contained, if any trustee is desirous of being
discharged of refuse to act or become unfit or incapable to act to carry out the duties and
powers reposed in him or her under these presents or to be insolvent, he on she shall cease to
be a trustees and thereupon the vacancy shall be filled in by the settlor during his life times
and there after by the remaining trustees appointing any other person, preferably from Furia
family, who is willing to act as a trustee in execution of the provision contained in these
presents.
12) The number of trustees shall at no time be less than two and more than seven provided
however not withstanding anything herein contain no bona fide act done by the surviving
or continuing trustees in the usual course of the administration of the trust and which is
otherwise authorized and under these presents shall be deemed to be invalid person
merely of the fact that there was no requisite number of trustees
13) Every new Trustees shall have the same power, authorities discretion as are herein
contained provided that no trustee shall entitled to act as such until after receipt of a letter
contained acceptance by him of the office whereupon the trust property shall we in such
newly elected / appointed trustees.
14) The Trustees may without prejudice to the generality of provisions contained in of these
presents, utilize income of the trust corpus of the Trusts or any part thereof for the
following purpose:
a) For paying the salary, fees or remuneration of the persons employed by the Trustees
b) For paying electric charges, water charges and other expense necessary and incidental
to the maintenance, repairs and safeguard of moveable and immoveable properties of
the Trust.
c) For paying tax, duties and other levies of the central state government or local
authorities municipalities on Income or assets of the trust.
15) For the proper management and administration of the trust funds Trustees may appoint
servants at such salary or remuneration as they deem fit and proper, give them suitable
designations, determine the duties to be performed by them and dismiss such employee at
their discretion.
16) Meeting of the Trustees shall be called by the managing Trustee whenever necessary by
giving notice in writing to the Trustees specifying therein the date, time and place of such
meeting and the nature of business to be transacted threat at least 72 hours in advance.
Any accidental omission to give such notice to or the non-receipt thereof by any Trustee
or Trustees shall not invalidate the Proceedings of any such meeting
17) The Trustees shall appoint one from amongst themselves every year as managing
Trustees to attend to the routine work of the trust and such managing Trustees shall have
power to file suits of every nature and to take other proceedings in connection with the
Trust and the Trust Properties.
18) The Managing Trustee shall be the chairman of the every meeting of the Trustees who
shall preside at their meeting. In the absence of the Managing Trustee, any other trustee
may be appointed chairman of the meeting.
19) The managing trustee on receiving requisition in writing from any of the trustees to
convene a special meeting of the trustees, shall convene such a meeting by giving seven
clear days notice specifying the time and date of the proposed special meeting and the
nature of the business to be transacted there to. In case no such meeting is convene by the
managing trustee as aforesaid the other trustees may call such a meeting, within ten days
of his receiving the requisition the trustees making the requisition may themselves
convene such a special meeting.
20) In case of urgency the business of the Trust may be transacted by circular for recording
the opinion in writing of the Trustees. The minutes of the circular shall be recorded in the
minutes of the meeting of the Trustees.
21) Three Trustees present at any meeting shall from a quorum if a meeting be adjourned for
want of a quorum; the Trustees may the adjourned meeting after half an hour if at least
two trustees present transact tall the business which could properly have been posed of at
the meeting from which such adjournment took place.
22) Every resolution shall be passed by a majority of votes of Trustees present and in case of
equality of votes, the chairman of the meeting may give a casting vote in addition to his
own vote.
23) The Trustees shall keep or cause to be kept proper books of counts and related papers in
relation to the management and administration of the trust funds as required by the
prevailing law governing public trust.
24) After the end of each financial year ending on 31 st day of March the trustees shall make
prepare or cause to be made or prepared proper accounts of receipts and disbursements in
connection with the management and administration of the Trust Funds for the preceding
financial year. Such accounts shall be suited by a chartered account ant and shall be
submitting within six month from the commencement
25) Any notice or other communication may be sent to the trustee through post or delivered to
them personally at their last known place of residence in Mumbai and such service shall
be considered valid.
26) The Trustees shall be entitled to reimburse themselves and pay discharge out of the Trust
fund all the expenses incurred in or above the Trust properties and the Trusts and powers
herein
27) The Trustees for the time being shall be respectively chargeable only for such moneys,
stocks, funds, deposits, securities and things as they shall actually receive not
withstanding and irrespective of signing any receipt for the sake of conformity and they
shall be answerable for their own acts, receipts, neglects or defaults and not for those of
others nor for any bankers, auctioneers, custodian or person with whom or into whose
hands any trust moneys or securities may be deposited or come in accordance with the
provisions thereof or with the insufficiency or deficiency or of any defect or insufficiency
of title nor for any other losses unless the same happen through their own willful default.
28) In all cases where the advice or directions of the court may be found necessary the
Trustees or any of them may apply to the sitting judge in chambers after notice to the
charity commissioner.
29) The Trustees shall have power from time to time to make alter, amend, delete or add rules
and regulations of the Trust and/or for generally carrying out objects of Trusts herein
contained as they may in their absolute discretion think proper subject to the provisions
contained in of these presents and with the consent of the charity commissioner or the
court as the case may be as required under the prevailing law.
30) The Trustees shall have power from time to time to appoint administrative and/or
advisory committee or committees if outsiders exclusively or of some of them with
outsiders not exceeding twenty five for the purpose of administering the trust and /or
prepare the Rules and Regulations for the said purpose with power to dissolve such
committee or committees and appoint another or others in its or their plea as they may in
their absolute discretion think fit.
31) For the purpose aforesaid or any of them the Trustees shall be at liberty to enter into sign,
execute and deliver all such contracts, deeds, assurances and writings as they in their
absolute discretion may deem necessary or expedient.
32) Any resolution of trustees to sell or otherwise relinquish release or let out on tenancy,
lease or leave and license basis and immovable property of the Trust shall be submitted
for approval at the Board of Trustees meeting called specially for such purpose.
Resolution if accepted by ½ majority of such persons present at such meeting shall be
valid subject to approval of charity commissioner.
33) The Trust shall be Public charitable Trust. If any clause of they presents be construed,
interpreted or deemed to mean by any authority so as to disentitle the Trust the benefit of
various exemptions available in relation to a charitable institution contained in provisions
the Income tax act, Gift tax act, wealth tax act, Estate Duty tax or another act or any other
amendments or modification thereof, then such the clause or clauses shall be in-operative
and be deemed not to have been included in this Deed of Trust.
34) The Trustees shall have power to amend from time to time a clause or clauses of these
presents so as to entitle to effectively and efficiently carry out the objects of these
presents. However, all amendments to these presents shall be submitted approval, at
Board meeting of the Trustees called specially for purpose. Resolution, if accepted by two
–third majority of such person present at such meeting shall be valid subject to approval
of charity commissioner and competent court.
35) These Trust shall be and remain Irrevocable for all the time the settlor doth hereby also
release, relinquish, declaim, surrender determine all rights or powers if any, which may
have been reserved him either by these presets or otherwise howsoever to restore to
himself or to reclaim any interest in the Trust fund and the investments for the time being
representing the same or the income thereof to the intent that the fund may be held by the
Trustees upon the Trusts and within and subject to the powers of provisions, agreement
and declarations Contained in these presents to the entire exclusion of the settlor and of
any benefit to the settlor by contract or otherwise.
IN WITNESS WHEREOF the parties hereto have hereunto set their respective hands the
seals the day and year first herein above written.

Signed, Sealed and Delivered


By the within named YOGESH
JADHAVJI SHAH (FURIA)
the SETTLOR, in the presence of

Signed sealed & delivered by the

Within named YOGESH JADHAVJI

SHAH (FURIA), Dr. CHARUL YOGESH

SHAH, JAY RAJESH THAKKAR,

AND SAGUNA RAJESH GADA

the TRUSTEES, in the presence of

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