Form of Application for Registration of
a Public Trust
Schedule II (Vide Rule 6)
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Court Fee Stamp
of Rs. 2/-
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To,
The Deputy/Assistant Charity Commissioner,
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Region/Sub-Region
In the matter of Public Trust*
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I ............................................. trustee of
the above named public trust, hereby apply under section 18 of the Bombay
Public Trust Act, 1950 for the Registration of the said public trust.
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2.
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I submit the
following necessary particulars:–
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(ai)
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The
designation by which the public trust is or shall be known.
(Name of the Public Trust)
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(i)
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Names of the
trustees and managers with their addresses
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(ii)
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Mode of
succession to the trusteeship and managership
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(iii)
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Objects of
the trust :
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(iv)
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(a)
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Particulars
of documents creating the trust
(attach copies)
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(b)
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Particulars
other than documents about the origin or
creation of the trust.
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(v)
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Particulars
of the scheme, if any, relating to the trust
(attach copy).
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(vi)
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Movable
property with estimated value of each class
of such property.
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(Note:–
Entries should be made by board description
of classes of such property, e.g., furniture, books, etc.,
rather than of each individual article. Entry regarding
cash should be made only if such cash forms part of
the capital of the trust. In the case of scripts give
particulars of each security, stock, share and debenture
including the number which it bears).
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(vii)
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(a)
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Details of
immovable properties showing the
village or town where situate, along with C. S.,
Municipal or Survey No., area, assessment or Judi
and description of the tenure on which held (attach
certified copies of the entries in the Record of Rights,
city survey record or municipal record relating to
the properties).
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1.
2.
3.
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(b)
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Estimated
value of each immovable property:–
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1.
2.
3.
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(viii)
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Sources of
income of the trust.
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(ix)
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Average gross
annual income:–
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1.
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From
Movable:–
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2.
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From Immovable:–
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(x)
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Average
annual expenditure
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(xi)
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Amount of
average annual expenditure:–
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(a)
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on
remuneration to trustees and
manager ..
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(b)
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on
establishment and
staff
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(c)
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on religious
objects
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(d)
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on charitable
objects
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(e)
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on
miscellaneous
items
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(xii)
Particulars of encumbrances, if any on trust Property –
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(xiii)
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Particulars
of title deeds pertaining to trust
property and the names of trustees in possession thereof –
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(xiv)
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Remarks, if
any –
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3.
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Fees of Rs............................../-
(...............................................) accompanies
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4.
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Any communication to the trustee or manager in connection
with the trust, may be sent to the following address :–
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Name
.......................................................
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Address
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Date.................
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Signature of
Applicant.................
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I, the above named
............................................. inhabitant residing at
......................................... do solemnly affirm and say that what
is stated in the above application is true to the best of my information and
belief.
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Solemnly
affirmed at .................................. ]
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aforesaid
this ................... day of .............. ]
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Signature ................................
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200...
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Before me.
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* Give full name and address of the trust.
* If the Wakf or Trust is registered under the old Acts, no fees under 3 are
payable.
CONSENT LETTER
To
Deputy Charity Commissioner/Assistant Charity Commissioner
.............................. Region
Sir,
Shri
..............................................................................................................................................
(Name of Applicant)
For Charitable Institution/Association/Trust
...........................................................................
have applied for registration under B.P.T. Act, 1950, on
.................................... The information provided in the
application are true, we have not to say anything more than that. We state that
a separate notice for the details of the said application is no more necessary.
We have no objection for the issue of Registration Certificate in the name of
applicant. Please note that.
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Name of other
trustees
(including the applicant)
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Signature
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1.
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.................
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2.
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....................
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3.
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4.
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5.
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6.
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7.
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I know all the above said signatories.
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(Applicant Sign.)
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Date :
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MODEL
TRUST DEED OF A PUBLIC CHARITABLE TRUST
THIS DEED OF TRUST executed on this _______________________
day of __________________ year 20____, _______________________ BETWEEN
__________________________________________ (Party of the first part)
hereinafter called " SETTLOR OF THE TRUST"
________________________________________________________
________________________________________ AND _____________________________________
.
1.
SHRI.
S/O. SHRI
, of ____________ &
2.
SHRI.
S/O. SHRI.
, of ____________ &
3.
SMT.
W/O
SHRI.
, of ____________
(Hereinafter called " The Trustees" which
expression shall unless repugnant to the context or meaning thereof be deemed
to include the survivors or survivor of them and the trustees or trustee for
the time being of these presents and their heirs, executors and administrators
of the last surviving trustee, their or his assignees) of the other part;
WHEREAS the party hereto of the first part is possessed of
the sum of Rs. ___________/- (Rs. __________ Only) as his absolute property and
he is desirous of creating a Religious/ Charitable/Educational Trust for the
benefit of the humanity at large.
AND WHEREAS each of the parties hereto of the "Other
Part" has individually and jointly has agreed to act as Trustees of the
Trust, proposed by the party of the first part.
AND WHEREAS nothing contained in this deed shall be deemed
to authorize the trustees to do any act which may in any way be construed
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 the Income-tax Act, 1961 or any
statutory modification thereof.
AND WHEREAS the trust is hereby expressly declared to be a
public charitable trust and all the provisions of this deed are to be
constituted accordingly.
NOW THIS INDENTURE WITNESSTH AS FOLLOWS :
1. SETTLEMENT
The party of the first part, the settlor, does hereby settle the sum of
Rs._______ /- (Rs. __________ only) in Trust, with the name and for the objects
hereinafter stated, by delivering the said amount in cash which the party of
the other part, the Tustees, have accepted the receipt of which they do hereby
acknowledge, to hold the same in and to the Trustees with the powers and
obligations as provided hereinafter.
2. NAME
The name of the Trust shall be " ABC ".
3. PLACE
The principal office of the Trust shall be situated at C-110, MAHARANI ENCLAVE,
HASTSAL VILLAGE UTTAMNAGAR, NEW DELHI
-110059 or such other place as the Trustees may from time to time decide. The
Trust may also carry on its work at any other place or places, as decided by
the Trustees.
4. OBJECTS
a. Educational – to run, maintain or
assist any educational or other institution for coaching, guidance, conselling
or vocational training or to grant individual scholarships for poor, deserving
and needy students for elementary and higher education.
b. Medical – to run, maintain or assist
any medical institution, nursing home or clinics or to grant assistance to
needy and indigent persons for meeting the cost of medical treatment.
c. Relief of the poor – to give
financial or other assistance in kind by way of distribution of books,
notebooks, cloths, uniforms, or meals for the poor and indigent and to the
persons suffer due to natural calamities.
d. Other objects of general
public utility –
i. to acquire property for the sole use for public
good by making it available for public purposes as for example, housing a
library clinic, crèche and/or as a community ball to be available for public
use as training classes, seminars, discourses and other public functions for
benefit of the community in general.
ii. to undertake any other activity incidental to the
above activities but which are not inconsistent with the above objects.
PROVIDED the Trust may assist/donate
the other TRUST to carry out the various objects mentioned in the objects
clause in such manner and to the extent the Trustees may decide upon from time
to time.
5. FUNDS
The Trustees may accept donations, grants, subscriptions, aids or contributions
from any person, Government, Local authorities or any other charitable
institutions, in cash or in kind including immovable property without any
incumbrance, but the Trustees shall not accept any receipt with any condition
or terms inconsistent with the objects of the Trusts. While applying such
receipts to the objects, the Trustees shall respect the directions, if any, by
the granter. Any receipt with specific direction to treat the same as part of
the corpus of the Trust or separate fund shall be funded accordingly.
6. INVESTMENTS
i. All monies, which shall not immediately required for
current needs shall be invested by the Trustees in eligible securities and
investments, or in banks. Such investments shall be in the name of Trust or
Trustees.
ii. That the trustees shall invest the trust fund, carry
on any business with the trust fund and/or enter into partnership on behalf of
the trust, as they may deem fit.
iii.That the trustees shall manage the trust fund and investments
thereof as a prudent man would do the same. They shall recover all outstandings
and meet all recurring and other expenses incurred in the upkeep or management
thereof.
iv. That the trustees shall receive and hold the income of
the trust on behalf and for the benefit of the beneficiaries under the trust.
7. POWER OF TRUSTEES
That the trustees shall have the following powers :
to manage all the assets and/or properties of the trust including the conduct
of business;
i. to appoint employees and to settle the terms of their
service, remuneration and termination;
ii. to look into the management of the trust;
iii. to invest the funds of the trust, in bank or in the
purchase of company shares or securities or other movable and movable and
immovable properties;
iv. to sell, alter, vary, transpose or otherwise dispose
or alienate the trust properties or any investment representing the same for
consideration and to reinvest the same;
v. to pledge or mortgage the trust properties for raising
loans;
vi. to open the bank accounts in the name and on behalf of
the trust and to operate the same;
vii.
To enter into a partnership on behalf of the trust with any other party or
parties;
viii.
To pay all charges, impositions and other outgoings payable in respect of the
trust properties and also to pay all cost of the incidental to the
administration and management of the trust properties;
ix.
To file suit on behalf of the trust and to refer to arbitration all actions
proceedings and disputes touching the trust properties and to compromise and
compound the suits filed;
x.
To accept any gift, donation or contribution in cash or in kind from anyone for
the objects of the trust;
xi.
To seek legal opinion of lawyers and/or Chartered Accountants as and when
required;
xii.
To nominate their representatives for any of the aforesaid purposes.
8. The number of the trustees
shall not be less than two but not more than five.
9. In case of any difference
between the trustees, the opinion of the minority shall
prevail.
10. Every trustee will be at liberty to nominate or appoint
attorneys or agents and to delegate all or any of the duties and powers vested
in him to such attorney or agent, and to remove such attorney or agent and
reappoint other or others in his place.
11. No trustee shall be responsible or liable for any loss or
any act of omission or commission by his constituted attorney or agent or
employees or other trustees unless occasioned by his wilful neglect or default.
12. Any of the trustees may retire on giving one month’s notice
in writing to the other trustee(s).
13. If any trustee dies or retires or becomes incapable or
unfit to act, the continuing or surviving trustee or trustees shall appoint a
successor in the place of such trustee.
14. If at any time the number of the trustees is less than two,
the existing trustee shall appoint one or more trustees.
15. Upon the appointment of a new trustee the trust properties
shall vest in the new trustee jointly with the continuing or surviving
trustees, with the duties and power of the trustees set out hereinabove in this
deed.
16. If the trust is determined by efflux of time, the corpus of
the trust shall be divided amongst the beneficiaries in the shares as fixed by
the trusees.
17. BANKING ACCOUNT
All income, subscription and pecuniary donations for the general purposes of
the Trust and the income, investments and all other moneys from time to time
forming part of the general revenue of the Trust shall on the same being
received be paid into a banking account with any scheduled bank for the purpose
of the Trust. The bank accounts shall be operated by the Managing Trustee along
with any one of the remaining Trustees.
18. ACCOUNTS AND AUDIT
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The Trustee shall keep proper books of account of all the assets, liabilities
and income and expenditure of the Trust and shall prepare an Income and
Expenditure Account and Balance Sheet for every year as on the last day of
March.
i.
The accounts of every year shall be audited by a Chartered Accountant or a firm
of Chartered Accountants who shall be appointed for that purpose by the Trustees
and the audited accounts shall be placed at a meeting of the Trustees, which
shall be held before the end of the succeeding year.
19. IRREVOCABLE
This Trust is irrevocable.
20. AMALGAMATION
The trustees may amalgamate the trust with another Charitable Trust or
Institution having similar objects with prior permission of the Charity
Commissioner/Court/any other law as may be applicable for the time being.
21. WINDING UP
In the event of dissolution or winding up of the Trust the assets remaining
as on the date of dissolution shall under no circumstances be distributed
amongst the Trustees but the same shall be transferred to some other similar
Trust/Organization whose objects are similar to those of this Trust with the
permission of the Charity Commissioner / Court / any other law as may be
applicable for the time being.
The
Trustees shall be indemnified against all losses and liabilities incurred by
them in the execution of the Trust and shall have a lien over the funds and
properties of the Trust for such indemnity.
IN
WITNESS WHEREOF, The Parties hereunto have signed and delivered the presents on
the day and year first hereinabove written.
SETTLOR
WITNESS
: 1. TRUSTEE ____________
1. 2. TRUSTEE ____________
2. 3. TRUSTEE ____________
AFFIDAVIT OF TRUST
State:
Country:
I, ______________________________
(Participant), being first duly sworn, do depose and say:
1. I, ______________________________
(Participant), have caused to be created a trust, a trust instrument and/or a
will.
2. The name of the trust, trust
instrument and/or will is _____________________________
____________________________________________________________________________________.
3. The name of the trustee(s), date of
birth, social security number and current address is:
A. Trustee’s Name
Date of Birth
Address
B. Trustee’s Name
Date of Birth
Address
s
4. The trust, trust instrument and/or
will identified in paragraphs 1 and 2, above, is in full force and effect and
is a valid trust, trust instrument and/or will under the laws of the State of Oregon.
5. The trust, trust instrument and/or
will is irrevocable or will by its terms become irrevocable upon my death.
6. A correct and complete list of all
beneficiaries of the trust, trust instrument and/or will, including any
contingent and remainder beneficiaries and a description of the conditions of
their entitlement as beneficiaries is as follows:
A. Beneficiary’s Name
Date of Birth
Social Security No.
Address
Description of the conditions of beneficiary’s entitlement:
