A public charitable trust deed constituting a trust for charitable/religious purposes (education, relief of the poor, medical relief) under the Indian Trusts Act 1882 read with the applicable state Public Trusts Act, suitable for 12AB/80G registration.
Deed of Public Charitable Trust
THIS INDENTURE OF TRUST is made at [City] on this [Day] day of [Month, Year] BY [Name of Settlor/Author], S/o [___], residing at [Address] (hereinafter called the "Settlor" / "Author of the Trust"), IN FAVOUR OF the Trustees named below.
WHEREAS the Settlor, being desirous of creating a public charitable trust for the benefit of the public at large, has set apart and settled the sum of ₹[amount] (the "initial corpus") upon the trusts hereinafter declared, and the following persons have consented to act as the first Trustees:
1. [Name], [Address] — Managing Trustee/Chairperson;
2. [Name], [Address] — Trustee;
3. [Name], [Address] — Trustee.
NOW THIS DEED WITNESSETH AS FOLLOWS:
Clause 1. Name. The Trust shall be known as "[Name of the Trust]".
Clause 2. Registered Office. The office of the Trust shall be situated at [Full Address, City, State, PIN].
Clause 3. Trust Property. The initial corpus of ₹[amount] settled hereby, together with all further donations, grants, contributions, subscriptions and accretions received from time to time, and all properties movable and immovable acquired therewith, shall constitute the Trust Property/Fund.
Clause 4. Objects of the Trust. The Trust is created for the following charitable objects for the benefit of the public without distinction of caste, creed, religion or sex:
(a) Relief of the poor, needy, aged, orphans, widows and destitute persons;
(b) Advancement of education — establishing and aiding schools, colleges, scholarships, libraries and skill-development centres;
(c) Medical relief — running hospitals, dispensaries, health camps and providing medical aid;
(d) Advancement of any other object of general public utility not involving the carrying on of any activity in the nature of trade, commerce or business (within the meaning of Section 2(15) of the Income-tax Act, 1961);
(e) [Add/delete objects — keep them charitable and for public benefit].
Clause 5. Application of Income. The whole of the income and property of the Trust shall be applied solely towards the promotion of the aforesaid charitable objects and no portion thereof shall be paid or transferred, directly or indirectly, by way of profit, dividend, bonus or otherwise, to the Settlor, Trustees or their relatives (as defined in Sections 13(3) and 13(1)(c) of the Income-tax Act, 1961). At least 85% of the income shall be applied to the objects of the Trust in each year in accordance with Section 11 of the Income-tax Act, 1961.
Clause 6. Board of Trustees. The management shall vest in a Board of Trustees of not less than [3] and not more than [__] members. The first Trustees are named above. The Board shall have a Managing Trustee, a Secretary and a Treasurer.
Clause 7. Powers of the Trustees. The Trustees may accept donations and grants (including foreign contributions after FCRA registration/prior permission where applicable), acquire and dispose of property for the objects, invest funds only in the modes specified under Section 11(5) of the Income-tax Act, 1961, open and operate bank accounts, appoint staff and do all lawful acts to further the objects.
Clause 8. Meetings and Accounts. The Trustees shall meet at least [once a quarter]; maintain proper books of account; the financial year shall be 1st April to 31st March; and the accounts shall be audited annually by a Chartered Accountant.
Clause 9. Vacancy and Appointment. Vacancies among the Trustees shall be filled by the continuing Trustees; no act of the Trust shall be invalid merely by reason of a vacancy.
Clause 10. Irrevocability. This Trust is irrevocable. The Trust Property shall never revert to or be used for the benefit of the Settlor or the Trustees.
Clause 11. Amendment. The Trustees may amend the administrative provisions of this Deed by a supplementary registered deed, provided that no amendment shall be made which is repugnant to the charitable character of the Trust or which would jeopardise its registration under Sections 12AB and 80G of the Income-tax Act, 1961, and no amendment shall be effective without the approval of the jurisdictional Charity Commissioner/authority and, where required, the Income-tax authority.
Clause 12. Dissolution. In the event of dissolution or winding up, the assets remaining after satisfaction of all debts and liabilities shall not be distributed among the Trustees but shall be transferred to another public charitable trust/institution having similar objects and registered under Sections 12AB and 80G, subject to the exit-tax provisions of Section 115TD of the Income-tax Act, 1961.
Clause 13. Governing Law. This Trust shall be governed by the Indian Trusts Act, 1882, the [State] Public Trusts Act (where applicable — e.g., the Bombay Public Trusts Act, 1950 / Maharashtra Public Trusts Act) and the Income-tax Act, 1961.
IN WITNESS WHEREOF the Settlor and the Trustees have executed this Deed of Trust on the day, month and year first above written.
____________________
Settlor / Author | ____________________
Managing Trustee & Trustees |
Witnesses:
1. ______________________
Name & Address | 2. ______________________
Name & Address |
