DRAFT TRUST DEED FOR

 

BHARAT VIKAS PARISHAD -------------------------- (BRANCH) CHARITABLE TRUST

 

THIS INDENTURE OF TRUST is made at ---------------- on this ---------- day of ----------------(Month)------------ 200--  between :-

 

(A)          (1) SHRI --------------------------------(President), (2) SHRI ------------------------------(Secretary) and (3) SHRI ------------------------------------------(Finance Secretary) All are of --------------------(place) (India), President, Hon. Secretary and Hon. Treasurer of the BHARAT VIKAS PARISHAD ------------------------------ (Name of the Branch) respectively, on behalf of Branch hereinafter referred   to   as the “THE  SETTLERS”  of the   FIRST  PART

 

(B) (1) SHRI -----------------, (2) -------------------- and (3) SHRI ------------------------ all are members of Branch Executive Committee --------------------------------- (Name of the Branch) ------------------(Place) (India) hereinafter referred to for time being holding trustees of the trust  of  the  SECOND  PART AND

 

(C ) (1) SHRI ------------------------, (2) SHRI ---------------------- (3) SHRI ------------------------. all are of ---------------- (name of the Branch) (India), ex-officio, President, Hon. Secretary and Hon. Treasurer of the BHARAT VIKAS PARISHAD ----------------- (Branch Name) respectively, hereinafter referred to as the “THE EXECUTIVE TRUSTEES” of the THIRD PART.

 

WHEREAS the BHARAT VIKAS PARISHAD, (name of the Branch) has been recognised by certificate no. ------------- dated  ------------ and a charter has been presented to it on  (date), by CENTRAL OFFICE of the BHARAT VIKAS PARISHAD, which has been established and functioning in (Branch Name) AND WHEREAS one of the objects of the BHARAT VIKAS PARISHAD ------------------- (Name of the Branch)  is to do all lawful acts, deeds for charitable purpose, including relief to the poor, education, medical relief to citizen of the Nation in ------------- (area) and any  other area  and the advancement of any other object of general public utility not involving carrying of any activity for profit of all class, colour  or  creed .

AND WHEREAS nothing contained in this deed shall be deemed to authorise the trustees to do any act which may in any way be constructed with statutory modifications thereof and all activities of the trust shall be carried out with a view to benefit the public at large, without any profit motive and in accordance with the provisions of Indian Trust Act, 1982 as well as The Income tax Act, 1961 or any statutory modification thereof.

AND WHEREAS by a resolution passed in Branch Executive Committee meeting of the BHARAT VIKAS PARISHAD, ----------------------- (name of the Branch) held on -------------- (date) 200-- where it was resolved that the sum of Rs.---------- (Rs. In words) kept aside in trust to rest in (1) SHRI ------------------------------- (2) SHRI --------------------------------- (3) SHRI -------------------------- who are hereby appointed as  Holding Trustees of the said BHARAT VIKAS PARISHAD, -------------------- (name of the Branch) CHARITABLE TURST and all the accretions thereto received by them by way of donations or otherwise AND WHEREAS  the SETTLORS have requested the said Trustees referred to the  above parties of the second part, which they have agreed to  do and testify to the same by executing these presents;

AND WHEREAS prior to the execution of these presents the Settlors have handed over a cheque no. ----------------------- dated -------------------------- drawn on -------------------------(name of the Bank) ------------ Branch for Rs.------/- (Rs. In words) to the Trustees AND WHEREAS the parties hereto are desirous of executing of formal declaration of  trust  and purpose upon and for which the said fund is held by the Trustees in manner hereinafter appearing AND WHEREAS it is also intention of the BHARAT VIKAS PARISHAD, ------------------------ (name of the Branch)  Charitable Trust on execution this Trust to collect further or other funds for  carrying out of the said  Charitable objects of the BHARAT VIKAS PARISHAD -------------------- (name of the Branch) hereinafter mentioned   and add the same to the BHARAT VIKAS PARISHAD ------------------------ (name of the Branch) CHARITABLE TRUST with the intent that the same should be utilised  for the benefit of persons without  any  distinction of class, colour or creed and the same shall not be restricted to any  particular community.

NOW THIS DEED WITNESSETH AS FOLLOWS –

1.    NAME :-The name of the Trust shall be “BHARAT VIKAS PARISHAD ------------------------------ (name of the Branch) CHARITABLE TRUST.

2.    REGISTERED OFFICE: The registered office of the trust shall be at ---------------------------------------------------------------------------------------- or as may be decided by trustee from time to time.

3.    AFFILIATION – This trust shall be affiliated with Central office of  Bharat Vikas Parishad . 

4.    OBJECT – The objects of the trust are:-

i)              To do any charitable service and activities for the benefit of the poor and needy.

ii)             To provide relief for the poor.

iii)            To promote education and learning

iv)           To provide medical relief to the poor, blind, maimed or inform or  otherwise deserving persons

v)            To pay school or college fees of poor students of grant of monetary assistance to them for education purposes.

vi)           To free food and clothing to the poor and needy.

vii)          To provide free accommodation and assistance to the pilgrims and travelers.

viii)         To establish libraries, hospitals, clinics.

ix)           To advance and promote, Indian culture, literature and encourage service of the country for the benefit of the nation.

x)            To grant donations to any person or institution  devoted to public or charitable purposes.

xi)           To do any other charitable service, activity for the benefit of the poor.

xii)          To lawfully acquire by purchase, gift or otherwise any movable or immovable property / properties for the purpose of the Trust and / or to invest the trust funds in Bank deposits or other lawfully permitted securities of funds.

xiii)         To sell, lease or otherwise transfer any of the properties whether movable or immovable of the trust, which are not of any immediate requirement for the trust and utilize the proceeds for the purposes of the trust subject to the approval of the Branch Executive Meeting of Bharat Vikas Parishad --------------- (Branch Name).

xiv)        To accept donations or endowments either as corpus of the trust or other general purpose.

xv)         To carry on any lawful activity for raising funds for the purpose of the trust.

xvi)        To appoint or employ person or persons or other agency to carry on the objects of the trust and to suspend, dismiss or  take other disciplinary action against any of them.

xvii)       To expend lawfully any money belonging to the trust for the purpose of the trust.

xviii)      To carry on any charitable activity for protection of cows and to maintain Gaushala and Juvdaya.

5.    TRUSTEES –  “There shall be 3 (Three) holding Trustees, who will remain in the office for a period of 2 (two) years from the date of their appointment or till such time the new team of Trustees are elected.

6.    EXECUTIVE TRUSTEE: - The President, Hon-secretary & Treasurer of the BHARAT VIKAS PARISHAD (name of the Branch), from time to time who are in charge of the respective office of the (name of the Branch) shall be ex-officio trustee.

7.    ADDITIONAL TRUSTEE: - the Executive Committee of the BHARAT VIKAS PARISHAD ----------- (name of the Branch) may appoint additional Trustees provided that they are member of the said branch. The total number of Trustees or such appointment shall not exceed _____ (No.) and not below three.

8.    NAME OF BOARD: - All the trustees of this Trust including Ex-officio trustees shall collectively be called as Board of Trustees.

9.    CASUAL VACANCY :-If as any of the trustees of these presents shall die or reside out of India for a continuous period of more than six months or retire or desire to be discharged or refuse or become unfit or incapable to act in the Trust of these presents or ceases to be a member of the BHARAT VIKAS PARISHAD ------------------- (name of the Branch) or become insolvent then and so  happen it shall be  lawful for the Executive Committee of the BHARAT VIKAS PARISHAD ---------------- (name of the Branch) to appoint Trustee or Trustees as per  clause no.7 of these presents.

10.  REMOVAL OF TURSTEE: - The Trustees could be replaced or removed by ¾ majority of the members present at the Executive Committee meeting of the BHARAT VIKAS PARISHAD ---------------- (name of the Branch) called specially for this purpose by giving 15 days clear notice in writing to the members.

11.  SUPPRESSION OF BOARD TRUSTEE :-  The Apex Body of Bharat Vikas Parishad central office shall have power to supercede the Board of trustee of the trust if it is of the opinion (on the basis of information received from any of its Branch Office Bearers) that it is not functioning in accordance with constitution & bye-laws or in the manner and discipline which is expected to work after giving an opportunity to the Board of Trustee being heard in such manner as it thinks fit.

12.  POWER TO BORROW: -The Board of trustees, with the approval of three-fourth of the total number of members present at Branch meeting duly convened for the purpose fractions rounded off to the nearest number, may borrow money from banks or other credit institutions or individuals at such interest and for such period and on such terms, with or without security of movable properties of the trust as the Board of Trustees may think fit and to secure the repayment thereof with interest, by mortgage of the trust properties or by bonds, promissory notes, bills and other negotiable securities or by issued of debentures.

13.  The Executive trustee for the time being shall have the power and authority to executive all documents for and on behalf of the trust, provided the same has been approved by the Board of Trustees by a resolution passed at a meeting or by circulation.

14.  MEETING – The Board of trustees shall meet at least once in three months or as often as in necessary with minimum 5 days notice.

15.  ANNUAL ACCOUNTS – The Annual Accounts of the Trust shall be closed every year on the 31st March and the first close of accounts shall be on the 31st Mach 2009.  The statement of accounts as prepared by Board of trustee for each year, duly audited by a Chartered Accountant appointed shall be placed before the Annual General Meeting of the Branch within six months of the close of the accounting year.

16.  BANK ACCOUNT – The Bank Accounts of the Trust shall be maintained with a scheduled bank or banks to be decided by the Trustees and shall be operated jointly by the Trustee and  Executive Trustee who is in office of the Treasurer of the Branch.

17.  INVESTMENT – The Board of the Trustees shall have the power to invest the trust fund in the securities, shares, Bonds & deposit with bank, post office or any other institution as may de decided by trustees provided however, that no investment shall be made in violation of the provision of section 11 of the Income Tax Act, 1961, or any other such relevant provisions of law. All Investments and properties belonging to the trust shall be held in name of the trust.

18.  ACCOUNTABILITY OF TRUSTEE – The trustees shall be accountable only for such money, stocks, shares and funds as shall actually come into their hands and a Trustee shall not be answerable or  accountable for neglect, default acts or omission or commission of the other Trustees, nor of any banker or other person with whom the trust properties or any securities may have been deposited or kept.

19.  The Trustees shall not be entitled to receive any remuneration, but the Trustees may reimburse themselves all expenses actually incurred by them in performing their duty as a Trustee and in connection with the Trust or other duties relating thereto.

20.  The Board of Trustee may appoint such assistance or may engage contractors or casual labourers as they deem necessary from time to time to help them in the conduct of the affairs of the trust and shall pay them such salaries and allowances, remuneration, charges or wages as are deemed necessary, out of the Trust Funds.

21.  No Act or resolution of the Board of Trustees shall be invalid merely by reason of there being one or move vacancies in the Board of Trustees.

22.  POWER TO MAKE BYE-LAWS – The Board of Trustee may from time to time make and prescribe additional rules and bye-laws for regulating the working of the Trust and may also from time to time with the approval of three-fourth of the total number of members of the Branch Executive duly convened for the purpose, fractions rounded  off to the nearest number, modify alter or amend such rules or bye-laws, shall in no way contravene the main objects of the Trust.

23.  It is hereby expressly declared that the trust hereby created shall be irrevocable.

24.  If in the event of winding up or dissolution of the Trust there remains any excess of assets after satisfaction of its debts and liabilities, such excess of assets shall be transferred to any institution or Trust having objects of a charitable nature in consultation with the Central office of Bharat Vikas Parishad,  Delhi.

25.  The Trustees shall be indemnified against all losses and liabilities incurred on them in the execution of the Trust and shall have a lien over the funds and properties of the Trust for such indemnity.

26.  This trust deed has been approved by Zonal / Branch office of Bharat Vikas Prishad vide their letter dated ----------- and also been approved by the Branch Executive (name of the Branch) meeting held on (day & date).  The trust shall be a body affiliated to Bharat Vikas Parishad Central Office Delhi. Wherever be its name shall state “A body affiliated to Bharat Vikas Parishad” on all documents such as letter heads, receipt books, name plates, books, register etc.

27.  Any dispute or legal proceeding arising in connection with or against the Trust shall be subject to the ---------------------- (Name of the state) Jurisdiction.

IN WITNESS WHEREOF the Settler, trustee and executive Trustees have hereunto set their respective hands the day and the year first above written.

 

 

 

 

 

 

 

SIGNED AND DELIVERED by the

Within named Settlers-

In the presence of

 

1.

 

2.

 

3.

 

SIGNED AND DELIVERED by the

Within named Trustees-

 

1.

 

2.

 

SIGNED AND DELIVERED by the

Within named Executive Trustees-

 

1.

 

2.

 

3.

 

In the presence of ---

 

1.

 

2.