TRUST DEED

                                              DEED OF TRUST
THIS DEED OF TRUST is executed on this ___day of _________ 20__ between
Sh. __________ son of Sh. ________________ resident of ________________
_________________________ hereinafter referred to as the SETTLOR (which
expression shall, unless repugnant to the context or meaning thereof, be deemed
to include their respective heirs, executors and administrators) of the ONE PART.
AND
(i) Sh ______________ son of Sh _________________ resident of __________
_______________________
(ii) Sh ______________ son of Sh _________________ resident of __________
_______________________
(iii) Sh ______________ son of Sh _________________ resident of __________
_______________________
hereinafter referred to as the TRUSTEES (which expressions shall, unless
repugnant to the context or meaning thereof, be deemed to mean and include the
survivor or survivors of them and the heirs, executors and administrators of the
last survivor, their / his or her assigns and the trust or trustees, for the time being,
of the said trust) of the other part.
And whereas the trustees have consented to act as the first trustees of these
presents and to accept the trusts under these presents as testified by their being
parties to and executing the same.
NOW THIS INDENTURE WITNESSETH AS FOLLOWS:
1. NAME
The trust created by these presents shall be known as
___________________________
2. TRUST FUNDS
The Settler has donated Rs. _______/- as initial funds for the corpus of
the trust. The trustees so declare that they, the trustees, shall hold and
stand possessed of the sum of Rs. __________/- [Rupees
___________________ only] as trust funds.
3. REGISTERED OFFICE
The registered office of the trust will be located at
_____________________________ or at such other place as the trustees
may decide from time to time.
4. AIMS AND OBJECTIVES
The Main aims and objectives for which the trust is established are as
under:
i) To established and/or manage_____________________________.
ii) To __________________________________________________
iii) To provide ____________________________________________.
iv) To ___________________________________________________
In furtherance of the above Main objectives the Trust may undertake one
or more of the following activities:
i) To conduct seminars, conferences, lectures to
___________________________.
ii) To create, process, acquire and market a range and variety of
knowledge products and services for sustainable development and
change.
iii) To conduct seminars, workshops, meeting etc. in furtherance of the
above activities and for the effective networking.
iv) To propagate and support and provide expertise in any other
community welfare/development activity in the context of women,
children and other vulnerable section of the community;
v) To receive and disburse funds for the above in national/regional
context and to act as a nodal agency;
vi) To accept any grants, gifts, donation and subscription in cash or
kind in furtherance to the objectives of the Trust whether through
India sources or from abroad as may be permitted under the law;
vii) To pay all costs, charges and expenses incidental to the
management, administration and execution of the objectives and
powers herein contained;
viii) To open and maintain account or accounts for the Trust in any
scheduled bank or banks for the purpose of keeping the moneys
and to operate on the same or authorize anyone or more operate
upon them;
ix) To accept, in cash or kind, donations, gifts, grants, contributions,
(as corpus or otherwise) and to collect interest and other income of
the Trust for being utilized for furtherance of the aims and
objectives of the Trust;
x) To purchase or take on lease lands, buildings and other immovable
or movable properties in the name of the Trust;
xi) To invest, dispose off, transfer and otherwise deal with monies,
assets and properties, for the time being, of the Trust in such
manner as the law permits and proper to do in carrying out the
objects of the Trust;
xii) To pay all expenses preliminary or incidental to the formation of the
Trust and its registration and for management and administration
for the same;
xiii) All activities financed from the funds shall be conducted in
accordance with the ideals and objects as stated herein above and
no discrimination shall be made on grounds of religion, caste,
creed, sex or political affiliation of the implementing agency or
beneficiary.
5. BOARD OF TRUSTEES AND MEETINGS
i. The trustees shall form the board of trustees of the trust. The total
number of Trustees shall not exceed _________ in number and shall
not be at any time less than _______.
ii. Trustees shall elect among themselves Chairman and Secretary of the
trust who shall also be called managing trustees.
iii. The quorum in any meeting will be of at least of _____ trustees. Any
trustee can call for meeting of the board by giving seven days notice in
writing to all the trustees. PROVIDED HOWEVER that if the number of
Trustees shall fall below the minimum fixed by these presents the
Trustees shall not, except for the purpose of filling any vacancy, act as
long as the number is below the said minimum.
iv. Trustees have right to resign by sending resignation letter to the board
of trustees.
v. That trustee shall have the power to nominate/appoint any other
person in their place as a trustee or appoint/nominate any other person
as trustee after death, in his will, subject to approval of majority the
existing trustees.
vi. That the trustees shall retire by rotation. Every year in the annual
general meeting one trustee shall retire by rotation and the vacancy
shall be filled. The retiring trustee shall be eligible for reappointment.
vii. That the trustees shall have power to frame and adopt rules/by laws for
smooth running of _______________________being run and/or
maintained by the trust.
viii. The trustees can appoint an Administrator to help them in the activities
of the trust. The trustee shall fix suitable remuneration for the work
being performed and done by the Administrator.
ix. The trustees shall meet at least once in every _____ months.
x. In the absence of the Chairman in any meeting, the Trustees present
may elect one among themselves as Chairman of the meeting.
xi. That in the affairs of the trust, the majority rule shall prevail, unless
specifically provided. However, in case of tie, the Chairman,
conducting the meeting of the Board of Trustee will have the casting
vote.
xii. That if any of the trustees does not act according to the majority rule or
as per the deed or acts in a manner which is contrary to the objects
and interest of the trust, he/she can be removed from the Board of
trustees by a resolution passed by 3/4th of the trustees present in a
special meeting of the Board of trustees convened for this purpose.
xiii. That a resolution circulated amongst the Trustees and signed by the
majority of the Trustees in office for the time being, shall be as valid
and effectual as if it was passed at the meeting of the Trustees duly
convened and held.
xiv. The Trustees may from time to time hold ordinary meetings for the
transaction of day-to-day or any special business.
xv. That a Minutes Book shall be provided and kept by the Trustees and
all proceedings of the Meetings of the Trustees shall be regularly
recorded in the Minutes Book by the Secretary, if any, or in his
absence by some one whom the Chairman appoints for the purpose.
The Chairman of the Meeting at the conclusion shall sign the
proceedings thereof or at the subsequent meeting when they are dully
confirmed.
xvi. In case of either the Chairman or Secretary disclaiming the aforesaid
authority or on account of death or resignation of any of them, the
authority may be exercised by a trustee nominated by the others till the
time the post of the Chairman or Secretary is fulfilled by election
among the remaining trustees.
6. APPOINTMENT OF NEW TRUSTEES
Subject to the provisions contained in Clause 5 mentioned above, the
appointment of new Trustees shall be governed by the rules as follows:
i. After the completion of the tenure of office of the Trustees, they
shall retire but shall be eligible for re-appointment.
ii. Trustees shall have power by majority vote to co-opt and/or
appoint any other person as trustee or trustees at any time or from
time to time for the proper and convenient management of the
affairs of the trust. Provided that before doing so the trustees shall
take consent of the said person in writing.
iii. In case of vacancy / vacancies, new trustees shall be appointed
from the representatives of voluntary organizations, funding
agencies and independent experts in the field of development,
finance, legal and other related matters.
iv. Filling in of vacancies shall be by a decision of the Board of
Trustees. As far as possible, efforts shall be made to fill in the
vacancies by unanimous decisions failing which the majority
decision shall prevail.
v. If and as often as the trustees of THESE PRESENTS shall die or
desire to retire or refuse or become incapable to act in the Trust
thereof shall take the benefit of the insolvency law for the time
being in force or if any Trustee shall remain absent from three
consecutive meetings of the Trustees without leave of absence,
then and in every such case, it shall be lawful for the surviving or
continuing trustee or trustees for the time being of THESE
PRESENTS to appoint new trustee so vacating their offices in the
Board of Trustees.
7. EFFECT OF APPOINTMENT OF NEW TRUSTEES
Upon every such appointment made in pursuance of the last foregoing
clauses thereof, the newly appointed Trustees shall have powers and
authorities of a Trustee under THESE PRESENTS.
8. POWERS TO APPOINT COMMITTEES
The Board of Trustees shall be entitled from time to time to appoint with or
without remuneration and on such terms and conditions as they may think
proper, to appoint Committee as they may think proper to function under
the Authority and control of the Trustees for carrying out the objects of the
Trust of these presents or the management thereof and invest them with
all such powers including power to incur all such expenditure as may be
necessary for carrying out the objects of the Trust.
9. POWER TO DETERMINE ALL QUESTIONS OF DOUBT OR
DIFFICULTY
It shall be lawful for the board of Trustees to settle and determine all
matters of interpretation of THESE PRESENTS as well as matters of
difficulty, doubt or dispute and all questions arising in the course of or
incidental to the administration, management and execution if the trusts
and power of THESE PRESENTS and any such settlement or
determination shall be valid, binding and conclusive and shall not be
objected to or re-opened upon any ground whatsoever.
10. POWER TO COMPROMISE
The board of trusted shall have _______ powers to settle compromise or
compound, out of court, all suits, action and other proceeding and to settle
all or other proceeding, difference of demand and adjust the settlement of
all accounts relating thereto as _____ as if they were absolutely entitled to
the trust fund and without being answerable for the loss occasioned
thereby.
11. POWER TO PURCHASE, HIRE OR TAKE ON LEASE
The board of Trustees shall be entitled to purchase or hire or to take on
lease a properly or properties for the purpose of carrying out the objective
of the trust hereby created.
12. POWER TO BORROW
The Trustees may from time to time, at their discretion for the furtherance
and carrying out the objects of the Trust of THESE PRESENTS, borrow
such sum as may be determined by the board of trustees from time to time
from and manner thereupon. The Trustees shall, at their discretion, make
all such dispositions of the properties movable or immovable forming part
of the trust fund or any part thereof and enter into such agreements,
assurances and things in relation thereto as the Trustees may deem
proper for giving security for such loan and interest.
13. INVESTMENT OF TRUST FUND
All money forming part of the Trust Fund and requiring investment shall be
invested in any of the securities authorized by law for investment of Trust
Funds which are permissible under section 11 (5) of the Income-tax Act,
1961 or shall at their discretion sell and/or realize the same or any part
thereof.
14. IN WHOSE NAME MONEY TO BE INVESTED
All money forming part of the trust fund requiring investments shall be
invested and the conveyance of assurance in respect of any immovable
properly/properties forming part of the Trust fund shall be obtained in the
name/names of the Trust.
15. OPENING AND MAINTAINING BANK ACCOUNTS
The Board of Trustees may open any banking account or accounts with
such scheduled bank as may from time to time be determined by the
Trustees and shall forthwith pay or cause to be paid the rents, income,
dividends and all other money forming part of the Trust fund to the credit
of any such account or accounts and such accounts or account shall be
operated upon by such of the Trustees or other person as may from time
to time be authorized to do so by a resolution of the board of Trustees.
16. ACCOUNTS AND AUDIT
The Trustees shall maintain regular accounts of the trust funds and shall
get the same duly audited by a firm of chartered Accountant. The
accounts and audit report and report of the Trust shall be made up at least
once in a year covering the accounting period which shall be from
_________ to _________________ every year.
17. ANNUAL MEETING
i. The Trustees shall hold every year an Annual Meeting.
ii. At the Annual Meeting, in each year, report of previous year will be
read, audited accounts will be passed, budget for the coming year
prepared and sanctioned and election of office bearers, if any, be
held.
18. POWER TO SELL THE IMMOVABLE PROPERTY AND MANAGE
i. The Trustees shall have the power to duty, acquire, take on lease any
property, movable and immovable that may be needed to carry out and
further the objects of the Trust and incur all such expenses connected
therewith
ii. The Trustees shall, manage any immovable properties for the time
being forming part of the Trust fund in such manner as they shall think
fit with full power to make improvement, repairs or alterations of any
description and to make or incur any outlay for any such purpose or for
the insurance or otherwise for the protection of benefits of the said
premises and grant or renew leases or tenancy of occupation and to
make any agreements with tenants or occupiers or intending tenants or
occupiers.
iii. The Trustees shall, if the need arises, sell or assign or lease any
movable or immovable property or properties for the time being
forming part of the trust fund together or in parts for the purpose
aforesaid or any of them to execute and do all such assurances, acts,
suits and thing as they shall think fit.
19. RECEIPTS OF THE TRUSTEES
The receipt in writing by one of the managing trustee or any other person
authorized by the board of trustees for any interest, dividend or income of
the trust fund or for any deeds, papers, writing documents or other monies
and effect payable to the trustees shall be sufficient and effectual
discharge for the same. The Board of Trustees by a resolution may also
authorize any scheduled bank or other banks in India to collect any
interest, dividend or income of the Trust Fund on their behalf.
20. POWER TO AMEND THE RULES
If in the opinion of the Trustees, circumstances so require, the Trustees
may make any alteration or amendment in the rules, as they may consider
necessary for the better management or administration of the Trust
activities or for carrying out the objects of the Trust. The decision on
amending or altering the rules requires a resolution passed by at least
2/3rd of the trustees.
21. POWER TO MAKE RULES AND REGULATIONS
In addition to the aforesaid rules, the Trustees, shall from time, be entitled
to make rules and regulations for the administration and management of
the Trust of THESE PRESENTS and all matters incidental to or
concerning the same PROVIDED, such rules and regulations shall not be
repugnant to or be inconsistent with the provision of the purpose of the
Trust thereof.
22. POWER TO AMALGAMATE OTHER TRUST OR VICE VERSA
The Trustees shall be at liberty to allow or to be allowed and permit, or to
be permitted to amalgamate or to be amalgamated with any other Trust,
Institution or Charity, in any areas or area whose objects are the same or
similar to those of THESE PRESENTS, PROVIDED, they are not
inconsistent with or repugnant to the objects hereof.
23. DISSOLUTION OF THE TRUST
It is declared that the trust is irrevocable. However, for any reason beyond
the control of the trustees, if the trust fails, in the opinion of the trustees,
the net assets of the trust both movable and immovable shall be handed
over to any other trust having same objects and purposes with the consent
and approval of all the trustees.
24. INDEMNITY TO THE TRUSTEES ETC.
The Trustees for the time being of THESE PRESENTS, shall be
chargeable only for such monies, stocks, funds, deposits and securities as
they shall actually receive, notwithstanding their signing of any receipt for
the sake of conformity and shall be answerable or accountable only for
their own acts, receipts, neglects, defaults, and not for those of others or
any banker, auctioneer or any other persons with whom or into whose
hands any trust monies or securities may be deposited in accordance with
THESE PRESENTS not for the determination or loss of any stocks, funds,
deposits or securities nor for defects or insufficiency of title nor for any
other losses unless the same shall happen through their own neglect or
willful demeanor.
25. POWER TO REIMBURSE
The trustees of these presents are entitled to be reimbursed and also to
pay and discharge out of the trust funds; all expenses incurred by them or
on their behalf in or about the execution of the Trust empowers of THESE
PRESENTS in accordance with the decision of the Board of TRUSTEES.
IN WITNESS WHEREOF THE PARTIES hereto set their hands and seals, on the
day and the year first hereinabove written above.
                                                                                             Signed, Sealed and Delivered
                                                                                                by the within named settler
                                                                                                     (______________)
                                                                                                            (Settler)
                                                                                                       In presence of
                                                                                              Signed, Sealed and Delivered
                                                                                               the above named trustees
        (_________________) (_________________) (__________________)

                    ( _________) (____________) (_____________)
                                                                                                  In the presence of