Draft Trust deed for Registration of Goushala/Goshala
TRUST DEED
(SAMPLE)
THIS DEED OF TRUST made on this Monday, ……..day of ………,20- by Sri.______________________ S/O. ____________________ R/O______aged_______________ hereinafter called the Author of the Trust which expression unless repugnant to the context or meaning thereof includes their heirs, executors, and administrators, etc., whereas Authors of the Trust are possessed of and otherwise well and sufficiently entitled to the sum of RS.5,100/- (Rupees Five thousand one hundred only) hereinafter referred to as said property.
Whereas the Authors of the Trust desire to irrevocably endowing the said funds upon trust for public, animal welfare, educational, and cultural, purposes, as hereinafter expressed and contained in this presents and in pursuance of such desire have already transferred paid and handed over the said property to the trustees mentioned below.
WHEREAS it is the desire of the Author of the Trust that the Corpus of the Trust may be further augmented from time to time by flow of funds and other assets including moveable and immovable and any other kind by way of Gifts, or Donations, acquisitions, allotments, grant exchange or otherwise etc.,
WHEREAS the following persons are appointed to be trustees for holding the said property in Trust for the purposes detailed in this Trust Deed:
(1)Sri________________________S/O.____________________R/O______________________
(2)Sri________________________S/O____________________R/O______________________
(3)Sri _______________________S/O____________________R/O______________________
(4)Sri _______________________S/O_____________________R/O______________________
(5)Sri________________________S/O.____________________R/O______________________
(6)Sri________________________S/O____________________R/O______________________
(7)Sri _______________________S/O____________________R/O______________________
(8)Sri _______________________S/O_____________________R/O______________________
NOW THIS DEED OF TRUST WITNESSETH AS FOLLOWS:
- ESTABLISHMENT OF THE TRUST
The Authors of the Trust do hereby declare, constitute and establish a Trust under the name and Style of Karnataka Goshala Mahasangh (Hereinafter referred to as the Trust)
- Registered Office
1) Office of the Trust shall be situated at ____________________________________
2) other place or places may be established in India as the Trustees may from time to time think fit.
- CORPUS OF TRUST
1) The Sum of RS. 5,100-00 contributed by the Author of the Trust shall form the initial corpus of the Trust
2) The Authors of the Trust have hereby transferred to, and vested in, the Trustees appointed in the manner hereinafter contained, the aforesaid initial corpus of the Trust
3) All and every kind of Donation, Gift, Grant, Subsidy, endowment, Contribution etc unless specifically set apart for any purpose by the person making such contribution and the net income shall be added to the Corpus of the Trust
- OBJECTS
The objects for which the Trust is founded are:
1) to be an irrevocable public, animal welfare, educational, cultural TRUST for the benefit of all persons belonging to whatever community irrespective of Caste, Creed or Religion, the Trustees shall stand possessed of the said amount of corpus endowed by the Authors of the trust and such other properties (both movable and immovable) as may be acquired from time to time by the Trust, by purchase, exchange, grant, allotment, subscription, endowment, donation, contribution, or in any manner to whatsoever (all of which shall be designed as Trust properties) on the Trust herein mentioned.
2) To look after the interest of Goshala and cow & its progeny in whole state of Karnataka in particular & all animals in whole world in general .
3) To represent animal welfare organizations in all Government, Semi government and judicial departments and authorities
4) To function as a Non-communal & non commercial making Trust and as a secular organization.
5) To open Branches & establish centers for achievement of aims and objectives of Trust.
6) To receive donations, contributions, Grants, benefits, Fee and Charges etc. in Cash and or kind from local, domestic and r international individuals, organizations, agencies & governments.
7) To acquire and maintain the movables and immovable properties for achieving said objects.
8) To honor and confer title on eminent personality in the field of animal welfare, science, education, literature, etc.,
9) To keep the law in force in India for the Safety & Prevention of Cruelty to Animals under constant study and to advise the government on the amendments to be undertaken in any such law from time to time.
10) To advise the State & Central Government on the making of rules under the Act with a view to preventing slaughtering, animal sacrifice & killing of Cow & Cattle and pain or suffering to animals.
11) To advise the Government or any local authority or other person on activities and schemes so as to lessen the burden on draught animals.
12) To take all such steps as the Trust may think fit for amelioration of animals by encouraging, or providing for the construction of sheds, water troughs and the like and by providing for veterinary assistance to animals.
13) To suggest and participate as implementing agency in the grant of financial assistance or otherwise, the formation or establishment of Goshalas, Pinjarapoles, rescue homes, animals shelters, sanctuaries and the like, where animals and birds may find a shelter when they have become old and useless or when they need protection.
14) To co-operate with, and co-ordinate the work of associations or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds.
15) To receive and give financial assistance and other assistance to Animal Welfare Organizations functioning in any local area or to encourage the formation of Animal Welfare Organizations in any local area which shall work under the general supervision and guidance of the Trust.
16) To participate in different government bodies & advise the Government on matters relating to the medical care and attention which may be provided in animal hospitals, and to give financial and other assistance to animal hospitals whenever the TRUST think it is necessary to do so.
17) To impart education in relation to the humane treatment of animals and to encourage the formation of public opinion against the infliction of unnecessary pain or suffering to animals and for the promotion of animal welfare by means of lectures books, posters, cinematographic exhibitions and the like.
18) To participate in different government bodies advise the Government on any matter connected with animal welfare or the Prevention of infliction of unnecessary pain or suffering on animals.
19) To establish, maintain and run Schools, Colleges, Hospitals, Social service centers, Industrial Training centre and allied education institutions and Cultural, and Social Institutions,
20) To advance Indian Culture and Literature, Service of this Country for the benefit of our Nation.
21) To advance any other objects of general public utility.
- BOARD OF TRUSTEES
1) The Authors of the Trust shall be the 1st Trustees. They shall also be designated as the Founder Trustees
2) There shall not be less than two and not more than one hundred Trustees
3) Any person who may have been invited, appointed or associated with for any special or general purpose shall not be a Trustee.
- Qualification
1) Any Animal Welfare Organization with main object of Cattle preservation and welfare shall be the Trustee represented by its nominee.
2) Applicant organization shall pay non refundable RS.5,100/- towards Trust Fund.
3) Application
- TERM OF OFFICE OF THE MANAGING COMMITTEE
1) Managing Committee shall hold office for such duration as may be specified by the board of trustees but not more than (3) three years & which shall be decided in annual general meeting.
2) Board of Trustee shall constitute a Managing Committee among existing Trustees, for such terms and with such powers in its Annual General Meeting, for carrying on the routine management of the affairs of the Trust. Managing Committee shall consist of
President 1
Vice President 1
Advisor 1
Secretary 1
Hon. Treasurer 1
Joint Secretary 1
Members 10 Total 16
3) Managing Committee shall constitute Regional Sub Committees, & Work Sub Committees for the smooth working of Trust and achievement of objectives as per requirement .
- PATRON /HONORARY CHAIRMAN
Managing Committee shall request and accept Patron(s) to the Trust during their time duration with eminent renowned personality,. ——- shall be the 1st Patron.
- PRESIDENT
President who shall work as Managing Trustee for the administration of this trust, nominated/elected by the board of Trustees, who shall be one amongst trustees as specified in above. He shall preside over all meetings including General Meeting of Managing Committee & any other Committees of the which he/ she may be a member.
Shall guide and control the activities of the Trust
Regulate the proceedings of the meetings, interpret the Rules and Regulations
10.VICE PRESIDENT
Vice President shall preside over in absence of the President all meetings including General Meeting of Managing Committee & any other Committees of the which he/ she may be a member.
- SECRETARY
Secretary shall be in charge of the office of the Trust and shall conduct all correspondence of the Trust, shall be accountable to the Managing Committee in the maintenance of all accounts and minutes, records, organize and convene and arrange Meetings etc and all other works in guidance of President .
- HON. TREASURER
Shall be in charge of proper maintenance of accounts of all transactions, receipts, disbursement and book of accounts etc and shall perform all financial activities in guidance of Secretary & President.
- JOINT SECRETARY
Shall assist Secretary in all affairs and shall work in guidance of President and Secretary .
- VACANCIES:
Any vacancy among the Members of the Managing Committee may be filled by the trustees as specified in above and they shall hold office for remaining period of Managing Committee
- TERMINATION OF OFFICE OF THE TRUSTEES:
(a) Trustee shall cease to hold office:
- i) if he dies,
- ii) if he resigns,
iii) if he is adjudged insolvent or found guilty of an offence involving moral turpitude.
- iv) if he is found to have acted against the interest of the Trust.
- v) if it is unanimously decided by the Trustees specified in para(4) above that his continuation in the Office is against the interest of the Trust.
- vi) Upon expiry of the period up to which the Board of trustees have nominated the trustee.
- MEETING AND PROCEEDINGS OF THE TRUSTEES:
The Managing Committee shall ordinarily meet once in three months or as often as may be necessary for the satisfactory conduct of the affairs of the Trust.
- NOTICE:
Seven days Notice shall ordinarily be given in writing for a meeting of Managing Committee
- QUORUM:
The Quorum for the Meeting of the shall be 1/3rd numbers. No quorum is required for a meeting adjourning for want of quorum.
A minute book shall be kept by the Secretary . Minutes of entry into the office of every new trustee and of all proceedings of the meeting of the board of trustee shall be entered in the minute book and shall be signed by the President of the Meeting.
- VOTING:
Decisions of the Managing Committee may be made at a meeting or by circulation of papers to them. Normal matters of routine nature may be circulated and decision obtained. The important matters are to be decided at the meeting. All matters arising for disposal shall be decided by a majority of the Board of Trustees present at the Meeting. The President shall have a casting vote in the event of equality of votes, in addition to his own.
- POWERS, FUNCTIONS AND DUTIES OF MANAGING COMMITTEE :
(a) All property of the Trust Movable or Immovable or of any other kind, shall vest in Trust, the Managing Committee shall manage the whole property and affairs of the trust and shall have all powers, duties and functions necessary proper and incidental to the promotion and carrying out of the objects of the trust.
(b) In particular and without prejudice to the generality of the foregoing the Managing Committee shall for the purposes of this trust have the following powers, duties and functions:
(i) To acquire by Gift, Grant, Purchase, Exchange, Lease, or otherwise, lands, buildings, or other immovable properties and also any Movable Property.
(ii) To construct and maintain buildings, to alter, to demolish or improve them and equip them suitably.
(iii) To accept gifts, donations, endowment and contributions for the Trust and shall be treated as the income of the Trust.
(iv) (a) To raise loans, to receive monies, securities or other movable property on behalf of the Trust.
(b) To accept any trust, trust fund or endowment so long as the provisions of such Trust or endowment are in consonance with the objects of this Trust.
(v) To award scholarship and make donations calculated to promote the objects of the Trust.
(vi) (a) To enter into contracts, or engagements on behalf of the Trust.
(b) To consider such proposals submitted by Sub –committee appointed by this trust and allocate such funds if necessary as deemed necessary for the implementation of the programs.
(vii) To make, sign and execute all such documents instruments, as maybe necessary or proper for carrying on the management of the properties and affairs of the Trust.
(viii) To invest such monies and such funds of the trust and to vary the investment as and when it may seem necessary or proper provided that such investments shall be made only upon immovable properties or upon securities as the board of trustee may deem fit, under section 20 of the Indian Trust Act, 1882.
(ix) To sell, transfer or otherwise dispose of any immovable property ofthe trust provided all the trustees unanimously resolve that it is in the interest of the trust to do so to sell or lease, mortgage or other wise dispose of any movable and immovable properties of the Trust.
(xi) To appoint such employees on such terms and conditions as the Trustees may deem fit for carrying out the work of the trust and exercise control all such employees including the power of suspension, dismissal and removal.
(xii) To delegate to the Managing Trustee or any appointed committee such powers, duties and functions as are vested in the Trustees.
(xiii) To frame Bye-Laws and such other regulations as are required for achieving its objectives.
(xiv) Out of the income of the trust property the trustee shall be entitled to spend or incur the following expenses namely
(a) All rates, taxes, cess, assessments, dues and duties if any payable to the government to any municipal or other public bodies in respect thereof or any part thereof.
(b) The premium for the insurance of the buildings or any other insurable property movable or immovable for the time being forming part of the trust property.
(c) The costs of ordinary repairs and for providing any amenities to the buildings for the time being forming part of the trust property.
(d) The cost of making such additions/alterations or improvements to or in the buildings forming part of the trust property, as the trustees shall think fit.
(e) Wages and salaries of any manager, supervisor, accountant, clerk, servant or other employees employed by the trustees in the carrying out of this trust.
(f) Cost and expenses of keeping the trust property in good condition.
(g) Cost and expenses for installing and renovating the electrical and other installations in the building for the time being forming part of the trust property.
(h) The architect’s fee and legal charges and fee payable to other professionals engaged in the course of administration of the trust.
(i) All other costs, charges and expenses of and incidental to the management and administration of the trust property in accordance with the objects and purposes hereof or which may be incidental thereto. After deducting the costs charges and expenses incurred by the trustee’s as aforesaid out of the total gross income received by them from the trust property the balance that is the net income will be utilized for the objects of the trust as decided by the board of trustees.
- BOOK ACCOUNT:
(i) The Managing Committee may open such Bank Account or Accounts in any of the Banks in the name of KARNATAKA GOSHALA MAHASANGH. such accounts shall be jointly operated by the President and either of Secretary or Hon. Treasurer.
- APPLICATION OF THE PROPERTIES OF THE TRUST:
The properties and funds of the Trust shall be applied only for the purpose of the Trust and for the due administration of its business affairs and properties provided however that this shall not preclude payment of any remuneration or allowance or giving of residential accommodation or any perquisites to any trustee in connection with the work carried out by him/her for the purpose of the Trust.
- ACCOUNTS:
The Trustees shall maintain a true and correct record of the receipts, payments incomes and expenses and transactions of the Trust. The Books of Account of the trust shall be audited by a qualified auditor or a Chartered Accountant every yeari.e., commencing from 1st April to the 31st March of next year.
- DEFECTS OF PROCEDURE IMMATERIAL:
No act of Trustees shall be invalidated by reason only of any vacancy in the Board of Trustees or any irregularity in the proceedings of the Board of Trustees or any Committee thereof.
- AMENDMENTS:
No amendments to the Trust Deed shall be made which may prove to be repugnant to the provisions of Section 2(15), 11, 12 and 13 and 80G of the Income Tax Act, 1961 as amended from time to time.
- DISSOLUTION:
In the event of dissolution of winding up of the Trust the assets of the trust remaining on the date of dissolution shall under no circumstance be distributed among the Trustees, but the same shall transferred to other Trust, Society, Association or Institution whose objects are similar to those of this Trust.
IN WITNESS WHEREOF THE AUTHOR OF THESE AND TRUSTEES HERETO HAVE SET THERE RESPECTIVE HANDS THE DAY AND YEAR FIRST HEREIN ABOVE WRITTEN.
WITNESSES Authors / Trustee of the Trust.
1._______________________ 1. _______________________
2._______________________ 2. ______________________
