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format of Association For Welfare Of SocietyFOR WELFARE FOUNDATION
This INDENTURE made at Jaipur this ………………………………………., in the Christian year Two Thousands ………………………………………. by:
………………………………………. S/o ………………………………………. aged ………………………………………. years, Resident of ………………………………………. JAIPUR-……………………………………….
Both of Jaipur inhabitants hereinafter referred to as the “SETTLORS” (which expression shall unless it be repugnant to the context or meaning there of mean and include their legal heirs, successors and assigns) of ONE PART and
1. ………………………………………. Jaipur-302006
Aadhar Card No PAN ………………………………………. hereinafter shall be called as Chairman Trustee
2. ………………………………………. Jaipur-302006
Aadhar Card No PAN ………………………………………. hereinafter shall be called as Chairman Trustee
3. ………………………………………. Jaipur-302006
Aadhar Card No PAN ………………………………………. hereinafter shall be called as Chairman Trustee
Hereinafter referred as the “TURSTEES” (Which expression shall unless it be repugnant to the context or meaning thereof mean and include the survivor or survivors and the Trustees or Trustees for the time being of these presents and the heirs, executors and administrators of the last survivors of them and their. his or her assigns) of the OTHER PART.
AND WHEREAS the settlors are desirous of creating and setting up a Public Charitable Trust in the manner hereinafter appearing and to settle upon trust the said aggregate sum of Rs. 2100/- (Rupees Two Thousand One Hundred only) in cash.
WHEREAS in order to effectuate the said desire, the settlors doth hereby agree to pay, deliver and transfer the said money in cases to the Trustees on or before the execution of these presents on Trusts and subject to the powers, provisions, covenants and conditions hereafter declared and contained and concerning the same.
WHEREAS at the request of the Settlors, the Trustees have agreed to act as the first Trustees of these presents as is testified by their joining in and executing these presents;
NOW THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED & DECLARED AS UNDER: -
THAT in order to effectuate the said desire of the settlors and in consideration of the premises, the Settlors doth and each of them doth on or before the execution of these presents paid, delivered, assigned or transferred unto the Trustees all that the said aggregated sum of Rs. 2100/- (Rupees Two Thousand One Hundred only) in cash (the payment and receipt thereof the Trustees do and each of them doth hereby admit and acknowledge and of and from the same and every part thereof doth hereby release and discharge the settlor forever). TO HOLD the same unto the Trustees UPON TRUSTS for the charitable objects and purposes and subject to the powers, provisions, covenants and conditions hereinafter declared and contained of and concerning the same that is to say: –
1. The trust hereby established shall be called and known as ……………………..WELFARE OF FOUNDATION, and the principal place of trust shall Plot No.29, KANTI NAGAR, POLOVICTORY CINEMA, STATION ROAD JAIPUR-302006 or the place which trustees may decide mutually from time to time.
2. The Trustees shall hold the above said sum in cash paid to them by the settlors on or before the execution of these presents as hereinafter stated and all contributions, collections and donations in cash or kind hereinafter to be paid to and received by them from any other person and income thereof and any other moveable and/or immovable property whatsoever which may hereinafter come to or belong to the said Trust (all of which are hereinafter for the sake of brevity collectively called ‘The Trust property’) upon the followings TRUSTS:
i) To undertake various activities including research and development activities having main aim to Running & maintenance of school, colleges, & other educational Institutions which shall be opened to student of all communities within India & such other places decided by the majority of trustees. That there shall not be any motive of earning profit by the trust and purpose of the activity solely for charitable and religious purposes.
ii) To pay or utilize the balance of such rents, dividends profits or income of the Trust Property (hereinafter called “the net income of the Trust Property”) and the accumulations thereof for all or any one or more of the charitable objects and purpose that is to say, (1) Relief of the poor, (2) Education (3) Medical Relief, and (4) the advancement of any other objects of general public utility as defined in the Income Tax Act, 1961 and/or any other statutory modification or reenactment thereof of the time being in force.
iii) Without prejudice to the generality of the forgoing, the Trustees shall have full power and authority to utilize the net income of the Trust Property for all or any of the following objects viz:-
a. For making available to poor and needy persons the benefits of a Dharamsala, sanatorium or health home or for rest and recreation at any place in India or otherwise for making available to poor and needy persons the benefit of a change of air or rest which they are unable to secure by their own private means.
b. For giving monetary aid or other help for relief from natural calamities like famine, floods, cyclone, tempest, earthquake or otherwise
c. To undertake, carry out, promote and sponsor rural developments including any programs for promoting the social economic welfare or the upliftment of the public in any area and to incur any expenditure on any programs of rural development and to assist execution and promotion thereof either directly or through any independent agency.
d. To establish or take over and maintain Schools, colleges and other educational institutions and to do all acts and things necessary for or conducive to promotion of primary, secondary, higher, commercial, technical and industrial education without any discrimination of caste, creed, religion or sex:
e. To start, establish, conduct, and maintain reading rooms, libraries, laboratories, gymnasiums, workshops, hotels, boarding houses, residential quarters and like:
f. To give loan and/or scholarship to deserving students for higher studies in India and abroad to such extent as the Trustees may deem fit without any discrimination of caste, creed, religion or sex:
g. To give scholarships to deserving students for payment of fees of educational institution or to bear any pay their lodging and boarding fees to such extent as the Trustees may deem fit without any discrimination of caste, creed, religion or sex:
h. To conduct and carry on experiments and to provide funds for research work and for scholarship, stipend and/or other payment or aid to any person or persons engaged and to improve the education of persons who are engaged or/are likely to be engaged in any professions.
i. To promote, form, establish, maintain and run medical research center or centers as such place or places as may be determined by the Trustees.
j. To undertake, prosecute, develop, help or carry on all or any kind of basic or fundamental and/or applied medical research and scientific work in connection with or relating to surgical clinical, Socio-medical research problems which will without prejudice to the generality of the said field or research.
k. To establish, equip, maintain, manage and administer hospitals, laboratories, nursing homes, dispensaries and clinics, mobile and/or stationery.
l. To undertake, conduct and to provide funds for developments of Medical Hospitals, College and institutes for needy persons.
m. To do all or any of the aforesaid activities either by itself or in collaboration with any other trust or institution having similar objects.
n. To apply to the Government, Public Bodies, Urban, Local Municipal Districts and other bodies, Corporation, Companies or person all over the world for and to accept grants of money and donations, gifts, subscriptions and other assistance with a view to promoting the objects of this Trust and to discuss and negotiate with the Government Departments, public and other bodies, Corporations Companies or persons, schemes of Research and other work and matters within the objects of the Trust and to confirm to any proper conditions upon which such grants and other payments may be made.
o. To take over or amalgamate with any other charitable Society Trust, Association or Institution with similar charitable objects with such consent or consents as may be required from time to time from any appropriate body or bodies.
p. To establish and maintain hospital or other institutions adopting allopathic, ayurvedic, unani, homeopathy, Naturopathy,Yogacentre or and other system of medical treatment.
q. To give donations and contribution to other Charitable Trusts, Associations, or Institutions.
r. To undertake various activities having main aim to save, promote and/or to protect the nature, society, animals and wild life provided that there shall not be any motive of earning profit by the trust and purpose of the activity solely for charitable and religious purposes.
s. To dedicate to the cause of social, educational, economical and cultural development of human as a whole.
t. To pay tuition fees, examination fees, boarding and lodging fees to deserving students and to supply books free of cost to such students,
3. The Trustee shall be liberty at their absolute discretion to accept contributions, collections and donations to the trust property from trusts, association or from any person or persons, firm or company subject to the conditions that the contributors or subscribers shall not be entitled to participate in or have any voice or control in the management or administration of the Trusts of these presents or the application of such contributions, collections or donations and the Trustees shall hold the same upon the trusts and subject to the same powers, provisions, covenants and conditions as are herein contained.
4. The objects of the Trust shall extend to the limit of territories of India and that no income of the Trust shall be applied on the charitable object or purpose of the Trust outside India.
5. The registered office of the trust shall be ……………………………………………….. Jaipur-…………………………………………………
6. The Trustees shall out of the income of the Trust in the first instance pay all costs, charges and expenses incidental to the management and administration of the Trust and shall utilize the net income of the Trust for such of the Charitable objects and purposes as herein mentioned at such time in such manner and in such proportion as the Trustee/Trustees may in their absolute discretion think fit without any distinction as to caste, creed, religion or sex. PROVIDED FURTHER THAT THE Trustees shall have power to accumulate the net income of the Trust or any part thereof for such period or periods as they may think fit and utilize the accumulations at any subsequent time or times for such of the charitable objects or purposes as herein mentioned.
PROVIDED FURTHER that the trustees shall also have power by a majority of three fourth of the Trustees of the time being of the trust to have recourse to and utilize any part or the parts of the corpus of the Trust property for all or any of the Charitable objects or purposes herein mentioned or any of them at such time or times and in such manner and in such proportions as the Trustees shall in their absolute discretion think fit.
7. The Trustees shall be entitled to and are hereby authorised to invest the surplus trust funds or any money held by them in Trust under these presents in any securities or investments, etc. authorised under Section 20 of the Indian Trusts Act, 1881 read with 11 of the Income Tax Act, 1961 and/or any other or others relevant act in force from time to time.
8. The TRUSTEES shall be at liberty to sell and/or realise the Trust property or funds and to invest the sale proceeds thereof or any other money forming part of the Trust funds in any of the investment herein mentioned and to carryon, transpose such investments for into other or others as, the Trustees may from time to time think fit.
9. It shall be lawful for the Trustees at such time or times as they may in their absolute discretion think fit to sell by public auction or private contract or give gift or exchange or transfer, assign or grant leases or sub-leases for any term however long or otherwise dispose off all or any part of the Trust Property including the immovable properties therein whether such property is used for the purpose of any charitable institution or otherwise and on such terms & conditions relating to title or otherwise in all respects as they may think proper and to buy in rescind or vary and contract, sale, exchange, mortgage, transfer, assignment or other disposition without being answerable for any loss occasioned thereby and for such purpose to execute all necessary conveyance deed or gifts deed of exchange, assignment, transfers, mortgage, leases, sub-leases, counterparts and other assurances, and to pass give and execute all necessary receipts, releases and discharges for the consideration money or otherwise relating to the document and assurances. All money arising from any such transfer of or other assurances shall be deemed to be part of the Trust Property and shall be applicable according to the terms of these presents. Upon any sale or other transfer by the Trustees under the power aforesaid the purchaser or purchasers, transferee or transferees dealing bonafide with the trustees shall not be considered to see or enquire whether the occasion for executing or exercising such power had arisen or whether the provision as to the appointment and retirement of Trustees herein contained have been properly and regularly observed and performed neither shall be purchaser nor the purchasers transferee or transferees be concerned to see to the application of the purchase money or other consideration or be answerable for the loss, misapplication or non-application thereof.
10. The chairman Trustee Mr. Mohammed Bashir Khan S/oLate Shri Nazir Mohammed Khan shall be the life time trustee.
11. If and so often as any of the Trustees hereby appointed or any future Trustees or Trustee of these presents shall die or desire to retire from or refuse or become unfit or incapable to act in the Trust of these presents, it shall be lawful of the surviving or continuing Trustees or Trustee for the time being of the Trust (and for this purpose every refusing or retiring Trustees shall if willing to act in the execution of these presents be considered a continuing Trustees or Trustee) in place of the Trustee or Trustees so dieing or desiring to retire or refusing or becoming unfit or incapable to act as aforesaid AND the Trustees shall also be entitled to appoint any additional Trustees or Trustee to the Trust PROVIDED HOWEVER the number of the Trustees of the Trust shall at no time be less than THREE or more than FIFTEEN. PROVIDED ALWAYS that without prejudice to any other provisions of law, a Trustee of these presents shall stand discharged from his office of Trustee on his tendering resignation of his office and on the same being accepted by the remaining Trustees of these presents.
12. Upon every appointment of new Trustee or Trustees as aforesaid the trust property and funds shall, if and so, at the nature of the property and other circumstances shall require or admit be transferred so that the same may be effectually vested in the Trustees or Trustee for the time being and every Trustee or Trustees so appointed as aforesaid may be as well before and after such transfer of the property as aforesaid act and assist in the execution of the Trusts and powers under these presents as fully and effectually as if he had been originally appointed a Trustee under these presents. The Trustees shall be entitled to appoint any managers, secretary, assistant, clerk or other employees as they may consider necessary or expedient at such remuneration and on such terms as they may think fit.
13. If any difference of opinion shall arise among the Trustees in the execution of the Trusts hereof or from any other matter arising out of the or in relation to the Trusts hereby declared the same shall be settled and disposed of in accordance with the opinion of the majority of the Trustees expressed in a meeting and in the event of the trustees being equally divided, the Chairman of the Trust shall have a casting vote in addition to his own. The opinion of the majority of the Trustees expressed in a meeting shall be final and conclusive and binding on all the Trustees.
14. The Trustee/s shall be respectively chargeable only for such money and securities as they shall respectively actually received notwithstanding their respectively signing any receipt for the same and shall respectively be answerable and responsible only for their own respective acts, receipts, omissions, neglects or defaults and not for those of such other for any bankers, brokers auctioneers or other persons with whom or into whose hand any Trust money or securities shall be deposited or come nor for the insufficiency in title, or deficiency in value of any investments nor for any other loss unless the same shall happen through their own willful default respectively.
15. The trustees may reimburse themselves and pay, discharge out of the Trust funds all expense incurred by them in or about the execution of the Trust of powers of these presents.
16. Any Trustee for the time being of these presents may be employed by the Trustees for doing any work or rendering any assistance or service in any capacity whatsoever otherwise than as Trustee and the Trustees shall be at Liberty to pay such Trustee such fees or remuneration out of the trust fund for such employment of for doing such work or rendering such advice, assistance or services, as the Trustees may from time to time determine, if any Trustees as such or in any other capacity shall required to devote his time and attention or to accept any office or appointment in any institution created by the Trustees in execution of the Trust of this deed, the Trustee shall be at liberty to pay and such Trustees shall be entitled to receive such fees, remuneration out of the Trust Funds as the Trustees may from time to time determine.
17. The Trustees shall maintain in Jaipur an office where all the books of accounts and belongings to the Trust shall be kept and also in connection with the administration and management of the Trust shall be transacted and the Trustees shall also be authorised to keep branch office of the Trust at any other place in India. The books of accounts shall be audited by Chartered Accountants who are qualified to audit the accounts of Public Trusts.
18. The trustees shall be at liberty to keep the Trust property in the name of any one or more of them, as they may in their absolute discretion think fit.
19. Any trustee can open, operate bank account after getting authorised by the Board of the Trustees. The Trustees shall kept deposited in current account and/or saving bank deposit account or in other account to be opened by the Trustees with any bank of good standing reputation of all or any money or funds forming part of the Trust which are not immediately to be invested as herein provided AND THAT SUCH account or accounts shall be kept in the name of the Trust and/or in the joint name or at least two of the Trustees and that such account or accounts with any bank or banks shall be operated upon by cheques signed by any trustee as may from time to time be authorised by the Trustees in that behalf.
20. The Trustees shall be entitled in their name or in the names of one or more of them become members of any co-operative society or like institution for the protection, benefit and improvement of the Trust Property or any property comprised therein as also to enter into such contracts or take such actions and proceeding as they may think proper for the purpose of such protection, benefit or improvement and to pay all fees and subscription and defray all charges and expenses as may be considered proper.
21. The receipt of any of the Trustees who may be appointed for the purpose for money paid in respect of any income, interest, dividends or produce of any movable or immovable properties vested in the Trustees or in respect of any money which may otherwise become payable to or received by the Trustees for or in respect of such moveable or immovable property or otherwise however by the virtue of these presents or in execution of any of the Trusts or powers vested in the Trustees shall alone effectually discharge the person or persons paying the same therefrom and being bound to the application or being liable or answerable of or loss or mis-application thereof.
22. The trustees shall be entitled instead of acting personally to authorise any person or persons or association or Company to carry out, subject to the direction and control of the Trustees, the management or administration of the Trust or such part or parts thereof as the Trustees may in their absolute discretion think fit.
23. The Trustees will have the power to borrow money either against the security or without, if it is necessary to augment the income or avoid the loss or it is in the interest of the Trust.
24. The financial year of Trust shall be April to March every year except for the first year which shall be from the formation of this trust to next coming 31st March.
25. It shall be lawful for the Trustees to settle all accounts and to compromise, compound, abandon or refer to arbitration any action, proceeding, dispute, claim, demand, or thing relating to these presents and to do all other things proper for any loss occasioned thereby.
26. The Trustees may from time to time make such rules and regulations for managing the affairs of the Trust not inconsistent with the main objects of the Trust, as they may think fit and may from time to time add, alter and vary the same.
27. These trusts shall be and remain irrevocable for all times and the settlors do hereby declare that they have relinquished, disclaimed, surrendered and determined and they do hereby also release, relinquish, disclaim, surrender and determine all rights or powers if any which they have or may have been reserved to them or which may be regarded as having been reserved to them either by these presents or otherwise however in any of the trust properties hereby settled and investments for the time being representing the same or the income thereof to the interest that the trust property may be held by the Trustees upon the Trust and with and subject to the powers, provisions, agreements, declarations contained in these presents to the entire exclusion of the settlors or any benefit to them by contract or otherwise.
28. The Trustees may from time to time make such rules and regulations or execute supplementary Trust Deed in order to secure exemption from tax or income of these presents under the law relating to tax or income.
IN WITHNESS WHEREOF herein said settlors and the Trustees have set and subscribed hereunto their respective signature on the day and year first hereinafter written:
SIGNED, SEALED AND DELIVERED by the within named “SETTLORS”
……………………………………………….. in the presence of