Deed of Public Charitable Trust
This Deed of Public Charitable Trust is made and entered into at__________, this______ day of_______, 20___, between ABC, an adult Indian aged about______ years, occ:- Industrialist, r/o____________________________, hereinafter for the sake of brevity referred to as the ‘Settlor of One Part’, (which expression, unless it be repugnant to the context and meaning thereof, shall include his legal heirs, executors, administrators and assigns)
DEF, an adult Indian, aged about________ years, occ:-__________, r/o_______________________, GHI , an adult Indian, aged about_____ years, occ:-__________, r/o_________________________ and JKL, an adult Indian, aged about_____ years, Occ:__________, r/o________________________________, DEF, GHI and JKL being hereinafter collectively referred to as the ‘Trustees of other Part’ (which expression, unless it be repugnant to the context and meaning thereof, shall include the surviving trustee/s and/or the successor Trustees).
WHEREAS, the ‘Settlor of One Part’ is an industrialist who runs a number of pharmaceutical concerns and it is his ardent passion to contribute generously to various works of public charity. The ‘Settlor of One Part’ at present is in late seventies and in the twilight of his life he wants to set up a charitable work of lasting nature. The ‘Settlor of One Part’ hails from___________ a remote backward area in the state of________________ where organised medical help is still not available to the poor and needy villagers. To alleviate the miserable plight of the villagers, the ‘Settlor of One Part’ has decided to set up a general Public Charitable Hospital and Diagnostic Centre, which will provide medical treatment to the poor people at very affordable rates besides providing diagnosis of various diseases & ailments.
AND WHEREAS, the ‘Settlor of One Part’ due to his various preoccupations cannot dedicate adequate time to the proposed hospital & diagnostic centre, he has decided to create a Public Charitable Trust to build, erect, construct and manage the aforesaid charitable works. Accordingly, the ‘Settlor of One Part’ has appointed and constituted DEF, GHI and JKL as the Trustees of the proposed Public Charitable Trust and the latter on their parts have expressly accepted the said appointment and have further undertaken to exercise the powers and discharge the duties of the proposed trust in accordance with the terms and conditions as set out herein below:-
NOW THIS DEED OF PUBLIC CHARITABLE TRUST WITNESSETH AS FOLLOWS:-
1] The ‘Settlor of One Part’ hereby appoints and constitutes the ‘Trustees of other Part’ as the trustees of the proposed Public Charitable Trust, which in the memory of his late brother shall be known as____________________ Public Charitable Trust (hereinafter referred to as the ‘Said Trust’) and the same shall be registered as a Public Charitable Trust in the office of the Charity Commissioner____________ State (Any other competent Authority) and on the registration thereof, the registration number shall be used and quoted in all the future correspondence of the ‘Said Trust’.
2] The ‘Settlor of One Part’ in order to give effect to the noble objects of the ‘Said Trust’ has raised and set aside a sum of Rs___________/- (Rs__________________ only) which at present is lying in his A/c No.____________, maintained with______________ Bank at________ Branch. The ‘Settlor of One Part’ hereby notionally grants, conveys and transfers the said amount to the ‘Trustees of other Part’ and on the registration of the ‘Said Trust’ and upon opening of the bank account/s in the name of the ‘Said Trust’, the said sum shall be duly transferred thereto. Moreover, the ‘Settlor of One Part’ owns and possesses certain securities, shares, stocks, bonds, debentures, Mutual Fund units and Government securities having an aggregate worth of Rs______________/- (Rs___________________ only) and the ‘Settlor of One Part’ hereby grants, transfers and coveys the same to the ‘Trustees of other Part’. Similarly, the ‘Settlor of One Part’ is absolutely seized and possessed of a piece of land admeasuring about_________ units, being and situate at CS/CTS/SN. No________ in the Revenue Division_______, Tehsil_______, District__________, State_______________, and the former (‘Settlor of One Part’) doth hereby grant, transfer and convey the said land in favour of the ‘Trustees of other Part’. A detailed description of the aforesaid sum, securities and land is set out in the Schedule of Properties appended hereto and for the sake of brevity they will collectively be known as the ‘Trust Assets’. The ‘Settlor of One Part’ hereby undertakes to sign, execute, deliver and transfer all such papers and writings as are required to give effect to the transfer of the ‘Trust Assets’ in favour of the ‘Said Trust’ and upon transfer thereof, the ‘Trustees of other Part’ shall hold them in trust for the ‘Settlor of One Part’ and utilise the ‘Trust Assets’ to realise the noble objects set out in this Trust Deed.
3] The ‘Said Trust’ shall normally function from___________ and/or such other offices as the ‘Trustees of other Part’ reasonably deem fit and proper. However, the address of the ‘Said Trust’ registered in the office of Charity Commissioner (or any other competent Authority) shall be treated as its registered address for the purpose of correspondence and service of notice.
4] The ‘Trustees of other Part’ shall meet at least once in three months of the Gregorian Calendar year and at such other times as are necessary for transacting the business of the ‘Said Trust’. A trust meeting may be convened by prior notice of 48 hours sent by Post, Courier or electronic means (e-mail/s.m.s etc) and if any question/dispute arises about the service of notice, such question shall be decided by the trustees other than the trustee questioning the validity thereof. The presence of any two trustees shall be a sufficient quorum for the valid composition of meeting. If quorum is not fulfilled despite sufficient advance notice, meeting shall be adjourned to a date later than a fortnight but prior to a month. When a meeting is properly convened the members present shall elect one of them as the Chairman to preside over the meeting and the latter shall be responsible for its orderly conduct and for maintaining its minutes.
5] All the questions and issues pertaining to the affairs of the ‘Said Trust’ shall as far as possible be decided unanimously, but when such unanimity cannot be reached, the majority decision shall prevail. Where the trustees are equally divided in their opinion the Chairman of the meeting shall exercise his casting vote/second vote to break the deadlock.
6] The ‘Trustees of other Part’ and/or their successors in office shall normally hold office during their lifetime. However, if a trustee becomes insolvent or of unsound mind, he shall forfeit his/her right to hold the office. Moreover, any act of moral turpitude committed by a trustee in his/her private life or any act calculated to harm, injure or hurt the ‘Said Trust’ or its’ assets, objects or reputation, shall be a ground for the removal of the delinquent trustee. However, for the removal/expulsion of such delinquent/insolvent/insane trustee, the decision of the civil court of competent jurisdiction shall be necessary and such decision shall be binding on all the parties. Moreover, a trustee who decides to relinquish his/her office may address a letter to that effect to the ‘Said Trust’ at its registered address and upon acceptance thereof the said trustee shall be deemed to have relinquished the office with effect from the date of acceptance of the letter.
7] If any vacancy occurs in the office of a trustee/s during the lifetime of the ‘Settlor of One Part’, the latter shall be competent to appoint any proper person to take the place of outgoing/deceased trustee and after the demise of the ‘Settlor of One Part’, the remaining/surviving trustees shall fill in the vacancy by appointing a proper person as the trustee of the ‘Said Trust’. The ‘Trustees of other Part’/surviving trustees, in making such appointment, shall have due deference to the wishes of the family members/legal heirs and/or representatives of the ‘Settlor of One Part’.
8] The ‘Trustees of other Part’ and/or their successors in office shall devote themselves fully for realising the objects of the ‘Said Trust’ and shall use, utilise and apply the ‘Trust Assets’ for erecting a building on the piece of land mentioned in the Schedule of Property appended hereto in conformity with the Building Plan, Layout and Floor Plan sanctioned by the local authorities and in general shall comply with all the rules, regulations and building bye-laws as are applicable thereto on the relevant date. Furthermore, the ‘Trustees of other Part’ shall equip the buildings/structures and other constructed units with all such facilities, machineries and apparatus as are reasonably necessary for the effective functioning of the said Public Charitable Trust. In carrying out the said duties the ‘Trustees of other Part’ shall act to the best of their ability & conscience.
9] The ‘Trustees of other Part’ shall administer and/or regulate the day-to-day affairs of the proposed Public Charitable Trust Hospital as and when the same is duly commissioned and appoint, hire and retain any suitable persons to act as doctors, surgeons, nurses, matrons, supervisors, clerks, accountants, Dean, Chief Medical Officer and/or Chief Executive Officer for the better performance of the trust Hospital. The ‘Trustees of other Part’, without prejudice to their general powers under this Trust Deed, may delegate the power of recruiting/appointing hospital staff to such higher officer as they may deem fit and proper.
10] The ‘Trustees of other Part’ shall deal with all the Government, Semi-Government and local authorities, insofar as it may be necessary to carry out the objects and duties of the ‘Said Trust’ and shall be responsible for paying all such taxes, cess, rates and duties as are applicable to the ‘Said Trust’ and ‘Trust Assets’. Moreover, the ‘Trustees of other Part’ and/or their validly appointed representatives shall be entitled to appear before various government, semi-government and local self governing bodies for safeguarding the interests of the ‘Said Trust’ as well as the ‘Trust Assets’.
11] The ‘Trustees of other Part’ shall be entitled to sue and/or be sued by any individual, association of persons, body of individuals and legal entities including government bodies, vis-à-vis the ‘Said Trust’, its assets, objects and reputation, insofar as it may be necessary to safeguard the interests thereof and for the management and protection of the ‘Trust Assets’. The ‘Trustees of other Part’ shall appear before the courts, quasi-judicial authorities and forums either in person or through their duly appointed representatives and for that purpose they shall engage, appoint and retain such competent Advocates, Pleaders and Attorneys as they deem fit and proper and further to pay such appropriate fees and incur such expenditure as the circumstances of the case may require.
12] The ‘Trustees of other Part’ and/or their successors-in-office may frame a charter of internal Regulations for the better management of the internal administration/affairs of the ‘Said Trust’. However, in no case, shall such Internal Regulations be repugnant to the provisions of any Act, Rules and Regulations for the time being in force. Furthermore, such Charter of Internal Regulations shall not override the objects of the ‘Said Trust’. In the event of any such repugnancy the Charter of Internal Regulations shall be deemed to be void to the extent of such repugnancy.
13] The ‘Trustees of other Part’ and/or their successors-in-office shall be entitled to accept appropriate donations from any individual, associations of persons, body of individuals and/or other legal entities for advancing the charitable & philanthropic objects of the ‘Said Trust’, subject to compliance with the Income-Tax Act, Trust Act and/or any law for the time being in force.
14] The ‘Trustees of other Part’ shall be entitled to open such bank accounts as the circumstances so require and the said accounts shall be operated jointly by any two of them. The ‘Trustees of other Part’ shall be entitled to sign, seal, indorse and negotiate cheques, promissory notes, bills of exchange, hundies and other negotiable instruments for the effective discharge of trust duties, insofar as they are compliant with the Banking Rules & Regulations.
15] The ‘Trustees of other Part’ shall ensure that the proposed Charitable Hospital at all times provides qualitative medical treatment and diagnosis to poor and indigent persons at affordable rates and/or such rates as the Government or local health bodies may prescribe from time to time.
16] The ‘Trustees of other Part’ shall also be entitled to avail of the special rebates, concession and discounts as are offered by the Government, Semi-Government Authority and local self-governing bodies to a similarly situated Public Charitable Trust. Moreover, the ‘Trustees of other Part’ shall be entitled to avail of the additional FSI, incentive FSI and/or development rights as are available under the building bye-laws and D.C. Rules and to use the same for the development of the proposed charitable hospital.
17] Without prejudice to the above covenants the ‘Trustees of other Part’ shall be entitled to do all such acts, deeds and things as are reasonably required to give effect to the charitable & philanthropic objects of the ‘Said Trust’ and in case of any contingency requiring disposal of the ‘Trust Assets’ exceeding Rs________/- (Rs______________ only) they shall seek the prior permission of the Charity Commissioner.
SCHEDULE OF PROPERTY
AND IN WITNESS WHEREOF, both the parties above-named have set and subscribed their respective hands to this writing the day, month and year first hereinabove written.
Signed, sealed & delivered
by ABC, the ‘Settlor of One Part’
in the presence of Witness:
(Settlor of One Part)
Signed, sealed & delivered
by DEF, GHI & JKL, the withinnamed
‘Trustees of other Part’ in the
presence of witness:
(Trustees of other Part)