DECLARATION FOR TRUST
(XXXXXX CHARITABLE TRUST)
THIS DECLARATION OF TRUST made at -----------------------District, Andhra Pradesh on this
----th day of --------------- by Shri. ------------------------------------------------, Visakhapatnam
District, Andhra Pradesh hereinafter referred to as the 'Founder'). The first trustees for this trust
are
S/ Name &Address Age Qualification Occupation
No
AND WHEREAS, for the aforesaid purpose, the founder has set apart a sum of Rs. 10,000
(Rupees Ten thousands only) and has agreed that the contribution received further shall be spent
towards the promotion of the objectives of the Trust and any incidental work connected
therewith as mentioned below.
The Founder hereby confirms that the sum of Rs 10,000 (Rupees ten thousands only) shall be
held as a corpus of the Trust on the following terms.
The new organization hereby established will be called " XXXXXX CHARITABLE TRUST".
The Trust would focus on Health, Education and Environment activities by involving the local
communities.
AND WHEREAS the founder is desirous of creating an irrevocable Trust of the said moneys for
public charitable objects or purposes in the manner hereinafter mentioned:
NOW THIS DEED WITNESSETH and it is hereby declared as follows:-
1.0 Name of the trust:
The name of the Trust shall be "xxxxxxxxxxxx CHARITABLE TRUST" (hereinafter referred to
as the "Trust).
2.0 Registered Office:
1. The Head Office of the Trust shall be situated at ---------------------------------,
Visakhapatnam district, Pin-5----, AP but the Trustees shall be at liberty to transfer
the same to such other place as may be determined by them from time to time.
2. The Trust may open additional offices or branches at any time or at any place or
places it may think fit for the operation of the Trust. However all additional
offices/branches that may be opened from time to time shall function only as the
branch offices of the Trust.
3.0 Objectives of Trust:
The objects of the Trust will be to serve public charitable purpose. The trust is established to
i) To eradicate hunger, poverty, and malnutrition within marginalized communities by
providing access to nutritious food, education, Technology and vocational training
that empowers individuals, especially women and the differently-abled, with skills
and opportunities for sustainable livelihoods.
ii) To Promote education, including special education and employment-enhancing
vocational skills, focusing on children, women, elderly, and the differently-abled,
while actively fostering gender equality.
iii) To create an inclusive environment that reduces inequalities and empowers
marginalized groups.
iv) To Ensure environmental sustainability by initiating projects that safeguard natural
resources, protect flora and fauna, and enhance air, water, and soil quality.
v) To support on the protection of national heritage, art, and culture by restoring
historical sites and promoting traditional arts and handicrafts.
vi) To advance gender equality by establishing homes, hostels, and care centers for
women and orphans. Provide support to armed forces veterans and their dependents
vii) To ensure their well-being and social integration. Also, promote physical fitness and
sports participation for improved health and well-being.
viii) To develop projects that encompass all recommended activities, including health
care, sanitation, and measures to uplift socially and economically backward groups.
ix) To Empower communities by providing resources, education, and training to enhance
their self-reliance and resilience in alignment with multiple UN-SDGs and the
national agenda of development.
Do and cause to be done any and all such acts as shall be conducive to the social, economic,
cultural, educational, ethical welfare of poor or other groups of people requiring support and
assistance of the Trust, provided such things or acts are not contrary to nor inconsistent with the
spirit and principles of law and which are necessary for the furtherance of the objects of the
Trust, but shall not include any activities of profit and the income wheresoever derived shall be
applied solely towards the promotion of the objects of the Trust.
Do all such other lawful acts, deeds or things either individually or in conjunction with other
organisations as are incidental or ancillary or conducive to the attainment of any of the
above objectives.
For the purpose of carrying out the aforesaid object, the Trustees may
i) Purchase, or otherwise acquire any property, rights, leases and concessions etc;
ii) Purchase or otherwise acquire, start, establish, equip or close any business.
undertaking or industry.
iii) Purchase, acquire or undertake the whole or any part of property and liabilities of any
person, firm or company,
iv) Train persons in any business or industry and grant them stipends, allowances or
bonuses as may be determined by the Trustees from time to time:
v) Enter into all necessary contracts incidental or conducive to the fulfillment of the
aforesaid objects, provided that the income and profits derived from these shall be
utilised for the objects and in the manner provided in this Trust Deed.
4.0 Operational points:
1) The Trust Property shall vest in the Trustees who shall hold, manage, and administer the
same in accordance with the terms and conditions set out herein.
2) There shall not be less than three and not more than seven Trustees who shall together
constitute the Board of Trustees
3) The power to fix the number of Trustees from time to time, to vary the maximum or the
minimum number or to appoint new or additional Trustees, to fill up any vacancies, the
conditions on which any or these Trustees are appointed, or the manner, if any, in which their
successors are to be appointed, shall vest in the Founder. The maximum or minimum number
of Trustees fixed by the founder shall not be altered except by him/her.
4) The Founder and after him/her, or even in his/her lifetime, if he/she so desires, The Board of
Trustees shall in accordance with the terms of this Deed, select, appoint and co-opt one or
more Trustees. Such selection, appointment and co- option shall be made by a majority of
three-fourth of the number of Trustees and persons so appointed shall hold office and be
liable to retirement as herein mentioned. The term 'three-fourths' when it is not a complete
integer, shall mean, if the fraction is not less than half, the next higher and when the fraction
is below half, the next lower integer.
5) The Founder shall hold office as Trustee for his/her lifetime. The other Trustees shall
ordinarily hold office for three years, but they shall be eligible for re- appointment after their
retirement on the expiry of the term. Provided that any such Trustee shall also cease to be a
Trustee when he is requested in writing by all the other Trustees, without assigning any
reason therefore, to vacate his office.
6) After the death of the founder, in case the requisite number of Trustees either to fill up the
minimum number of Trustees is not appointed by the Board of Trustees due to failure of
three-fourth majority, the matter of selection and appointment of a suitable person shall be
preferred to the Chief Justice of the Supreme Court of India and the selection and
appointment made by him, in accordance with the provisions herein, shall be binding on the
then Board of Trustees. In case the said Chief Justice refuses to do so or is not successful in
selecting a Trustee, the appointment shall, by appropriate proceedings, be made by the Court
having jurisdiction in the matter.
7) The Founder shall have the power to nominate any one of the Trustees to be the Chairman of
the Board of Trustees for such period as he may determine. After his death the Board of
Trustees may appoint any one of themselves as Chairman for such period as they may
determine from time to time.
8) The Trustees shall carry out the aforesaid objects of the Trust from out of the Trust property
and from its income
9) The Trustees shall have full powers to do everything in or for the furtherance of this Trust or
beneficial or conducive thereto, subject to the conditions laid down in this Trust Deed
10) The Trustees shall have full power and discretion to acquire, hold, carry on and manage any
trade or business or any part thereof, and to employ the whole or any portion of the Trust
property or any funds of the Trust in such trade or business, or in running concerns or
managing agencies, or in securities or shares and debentures of public or private limited
companies or other investments and realise or vary the same or any branch or portion thereof,
as they may deem proper from time to time, provided however, that the income profits and
gains thereof shall be utilised and applied only for and on behalf of the Trust as provided
herein.
11) The Trustees shall be entitled to sell all kinds of assets and property of the Trust or any part
thereof or exchange the same for equality of exchange.
12) The Trustees may lease or let out on rent or royalty and land or building or any part thereof
belonging to the Trust or acquired or constructed for the purposes of the Trust or any land or
building vested in it, or sub-lease or give right to exploit any concessions or licenses on such
rent or royalty to any person either from year to year or for a term of years and on such other
terms and covenants as they may think fit and the rent or royalty so received shall form part
of the income of the Trust and be accordingly.
13) The receipt of the Trustees for any money payable to the Trust upon any sale or exchange or
for any rent reserved upon any such lease as aforesaid or otherwise shall be sufficient
discharge for the same to any purchaser, mortgagar, lessee or other person dealing with the
Trust and such purchaser, mortgagor, lessee or other person shall not be bound or concerned
to see to the application of the said money
14) The Trustees may, at any time, if they consider it necessary or beneficial to the Trust, raise or
borrow money for the use and benefit of the Trust on any terms. and on any security or
otherwise, as they may consider proper
15) The Trustees may accept donations and contributions, as gifts or otherwise from any person,
corporation, institution, State or Government of any country or from any other Trust and all
these may be accepted in any form, such as money, bulton, omaments, machinery,
workshops, raw materials, fabricated goods, finished goods, managing agencies,royalties,
rights, licenses, concessions, useful animals and movable or immovable property of all kinds.
16) The Trustees are authorised to carry on the administration of the Trust in the manner they
may consider best, and for the administration of the Trust, including the purpose or policy
thereof, they may frame schemes, rules and regulations and may decide the same from time
to time as deemed fit. They may also form committees or sub-committees for the purpose of
the administration of the Trust or for management of its properties and business
The aims, objects, purposes, pursuits and other provisions of this Trust Deed have been framed
and laid down in accordance with law so that this Trust shall never fail. But if any time the
Trustees find or come to know that any provision herein is invalid or contrary to law, it shall be
their duty to cancel, and treat as cancelled, such particular provision so that the other provisions
hereof may not be rendered invalid or otherwise affected.
4.0 Donations:
The Trustees may decline to accept any such donations or contributions at their discretion
without assigning any reasons therefor.
Such donations, if accepted by the Trustees, shall be dealt with, as regards their investment and
disposal, by the Trustees according to the wishes (if any) of the donor, unless such wishes are in
violation of any law or in derogation to the objects of the Trust, and, in absence of any Specific
directions by the donor, they shall be dealt with according to the decision of the Trustees.
1. The Trustees may deposit any money, subject to the terms of this Trust Deed and whether
required for the expenses of the Trust or not, in any Bank or in any Joint Stock Co and
withdraw the same from time to time as they may decide. They may open accounts with any
Bank or banking institution.
2. No portion of the Trust money shall be lent to, or kept in deposit with, any of the Trustees or
any firm in which any of the Trustees may be a partner, nor shall any of the Trustees apply
any portion of the Trust property or fund for his own use or benefit either directly or
indirectly.
3. The Trustees shall cause to be kept true and correct, accounts of all assets and liabilities and
money received and expenses incurred by them in respect of the Trust, and once in every
year such accounts together with a balance sheet shall be examined, audited and certified by
such auditor or auditors as may be appointed by the Trustees from time to time on such
remuneration or otherwise as they may decide. These annual statements of audited accounts
shall be adopted and signed by the Trustees soon after the same are ready as stated herein.
4. All the main account books of the Trust shall be kept at the head office of the Trust or at such
other places as the Trustees may decide. The branches of the Trust, wherever established,
may if desired by the Trustees, maintain separate accounts of their own, which shall be
incorporated in the Head Office accounts and when considered proper and convenient but not
later than the annual closing
5. The Trustees shall not spend the trust fund outside the country without the prior approval of
CBDT and funds of the trust shall be invested as per the provisions of the Income Tax Act
1961.
5.0 Appointments:
1. The Founder may appoint any one or more Trustees as Managing Trustee or Managing
Trustees and shall have the power to cancel and vary such appointments After the death of
the Founder, or earlier at his discretion, this power shall vest in the Board of Trustees. To the
Managing Trustee (or Managing Trustees) may be delegated such powers as the Founder or
the Board of Trustees respectively, as the case may be, may decide from time to time by
executing a power of attorney or otherwise authorising the said Managing Trustee (or
Managing Trustees) to act jointly or severally and with or without power to sub-delegate any
of such powers to any other person considered fit by the Managing Trustees for that purpose.
2. The Trustees may appoint paid or honorary Secretary or Manager and other officers and staff
to manage and administer the Trust and to maintain the books of accounts of the Trust as
well as to carry out correspondence and all other business on behalf of the Trust, as may be
necessary, and pay their remuneration.
3. The Trustees may, in the conduct of the Trust business, employ agents and other employees
and pay them salary or commission as they may, at their discretion, consider necessary, and
delegate to or confer upon these agents or employees such authority and power on behalf of
the Trust, as the Trustees may deem proper
4. The Trustees shall not be entitled to any remuneration, but they may be paid all reasonable
travelling and other expenses for attending meetings of the Board of Trustees or in
connection with the business of the Trust, provided however, that the Managing Trustee's
may be paid any honorarium for special services to the Trust, as may be unanimously
decided upon by the Board of Trustees from time to time.
5. In the professed execution of the Trust and powers hereof, no Trustee shall be llable for any
loss to the Trust property arising by reason of any investment made in good faith or for the
negligence or fraud of any agent or employee. employed by him or her or by any other
Trustee, although the employment of such agent or employees was not strictly necessary or
expedient, or by reason of any strictly necessary or expedient or by reason of any mistake or
omission made in good faith by any Trustee, or by reason of any other matter or thing. except
willful fraud or wrong act on the part of the Trustee who is sought to be made liable
6.0 Meetings and decisions:
1. The Trustees for the time being shall meet at least once in every calendar year and at a time
and place to be decided by them for the purpose of transacting the business of the Trust, and
the decision of the majority of the Trustees shall regulate such business, provided always that
it shall be open to the Trustees to make rules and regulations relating to such meetings and
the conduct of their business.
2. Any Trustees may call a meeting of the Board of Trustees by giving each Trustee one week's
notice or such shorter notice as the Trustees may decide from time to time. No notice of
meeting need be sent to a Trustee who is not in India at the time such meeting is held. A
notice calling a meeting of the Trustees may be issued by the Secretary or Manager of the
Trust
3. The quorum for a meeting of the Board of Trustees, unless otherwise determined, shall be
two. But this shall not effect the power and right of the continuing Trustee to appoint another
Trustee to make up the quorum so long as the number is below that
4. Any resolution signed by a majority of the Trustees, on circulation to all the Trustees, shall
be as good as passed in a meeting of the Board of Trustees.
5. The decision of the majority in case of difference of opinion amongst the Trustees in any
matter shall be final. The chairman of a meeting of the Board of Trustees in a matter of tie
will have a casting vote.
7.0 Declaration:
1. The investments of the funds of the Trust shall be in accordance with the provisions of
section 11 (9 read with section 13 1) (d) of the income tax act
2. The Trust in irrevocable.
3. The benefits of the Trust are open to all irrespective of can be, religion, colour, creed,
sex, community etc.
4. The objects / activities of the Trust shall be carried out only in India.
5. The income/funds of the Trust will be solely utilized towards the Trust and no portion of
it will be utilise, for payment to the Trustees / members / office bearers by way of profit/
dividend / instants etc.
6. The Trust shall not be involve, in any business activities with profit motives. If any
business activity in undertaken it will be incidental to the attainment of the
objects/purposes of the Trust and the conditions stipulated in section 11 (4A) and the
provides to section 80 G (5) (1) of the income tax ac will be satisfied.
7. Other than the amount of rupees Ten Thousand, the Trust does not have any other asset at
present.
In witness whereof the founder of the Trust has set his hand and affixed his signature to this deed
of declaration of Trust on the day, month and year first above written in the presence of the
following witnesses.
Founder
Witness: