Public Charitable Trust (India) by OLL
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Public Charitable Trust
THIS INDENTURE made at Bombay this ------- day of ----------- 1990 BETWEEN ____________________ called "the Settlor" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his heirs, executors or administrator) of the One Part AND (1) ____________________ AND (2) _______________________ hereinafter called "the Trustees" (which expression shall unless repugnant to the context or meaning thereof be deemed to include the survivor of them and the Trustees or Trustee for the time being of these presents and the heirs, executors and administrators of the last surviving Trustee their, his or her assigns) of the second Part;
WHEREAS the 'Settlor' is desirous of settling for Public Charitable purpose a sum of Rs. _____(Rupees _________________only);
AND WHEREAS the Trustees have agreed to act as the Managing Trustees for life of the said Trust;
NOW THIS INDENTURE WITNESSEH that with a view to perpetuate the said desire and in consideration of the premises and for other diverse good causes and consideration him thereunto moving he the 'Settlor' doth hereby grant, assign transfer and hand over to the Trustees and the Trustees do hereby accept and take possession of the said sum of Rs. -------/- Rupees ---------- only) (hereinafter for brevity's sake called "the Trust Estate" which expression shall include all accretions thereto by way of donations or otherwise and the investments for the time being representing the same) to HOLD the Trust Estate upon the trusts and with and subject to the powers, provisions, agreements and declarations hereinafter contained of and concerning the same i.e.
a. for relief of the poor
b. education
c. Medical relief
d. the advancement of any other object of general public utility;
e. to collect and receive funds and donations for the above objects,
f. to do all acts, deeds and things as are incidental and conducive to the furtherance of the above objects.
AND IT IS HEREBY DECLARED that the charitable objects hereinabove mentioned shall not be limited or restricted to any particular caste or creed and will not involve any element of profit making.
AND IT IS HEREBY FURTHER DECLARED THAT THE Trustees shall be entitled to utilise and disburse either the net income of the Trust Estate and/or parts of the corpus thereof for maintaining and/or conducting establishments for the charitable purposes and trusts hereinabove set out;
1. The Trustees shall have power and shall be entitled to collect, recover and receive dividends, rents and profits and other income of the Trust Estate (hereinafter referred to as `as the Trust income`) and to pay there out all taxes, rates, assessments, expenses and outgoings for collection in respect thereof and for the management of the Trust Estate and for administering and carrying out the Trust hereof.
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This template establishes a Public Charitable Trust, outlining the legal framework for managing funds dedicated to poverty relief, education, and medical aid. It defines the duties of the Settlor and Trustees, including powers for investment, property management, and the appointment of new trustees.
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About this template
What is this template?
This is a formal trust deed used to create a legally recognized public charitable entity in India. It specifically includes provisions for the 'Settlor' to transfer a 'Trust Estate' to 'Managing Trustees' for life. It is not a private family trust or a commercial partnership agreement.
When should you use it?
Use this when creating a permanent charitable institution in India that requires registration with a Charity Commissioner. If the intent is to form a corporate-style non-profit, use a Section 8 Company Memorandum and Articles of Association instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| a-f | Charitable Objects | Lists the trust's core purposes as poverty relief, education, medical relief, and objects of general public utility without caste or creed restrictions. |
| NOW THIS INDENTURE WITNESSEH | Trust Estate | Defines the initial Trust Estate as a sum of money and includes all future donations and accretions to the trust. |
| 6 | Borrowing and Disposal | Empowers Trustees to borrow money, sell, mortgage, or lease trust property by public or private contract on terms they deem fit. |
| 11 | Appointment of New Trustees | Allows surviving trustees to appoint replacements if a trustee dies, leaves India for over a year, or resigns. |
| 16 | Investments | Restricts trust investments to those authorised by the Bombay Public Trusts Act, 1950 and permits investment in immovable property in India. |
| 19 | Banking and Accounts | Requires bank accounts to be operated by the signatures of any two Trustees. |
Who it's for
- an individual in India wishing to settle a permanent fund for public charitable purposes
- organisations seeking to establish a registered trust under the Bombay Public Trusts Act 1950
- philanthropists establishing a non-profit entity for education or medical relief without profit motives
How long it runs and how it's signed
Law it's drafted under
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