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  • BOND ON GRANT OF LETTERS OF ADMINISTRATION.

    BOND ON GRANT OF LETTERS OF ADMINISTRATION KNOW ALL MEN that we, AA. etc. and BB. etc. (surety for the said AA.) hereby bind ourselves jointly and severally to Shri ______________________, District Judge of _______________________, for the payment to him or his successor-in-office of the sum of Rs _________  Signed by us on the_________. day of _________, 20 _________  (Signature) WHEREAS by an order of the court of the said District Judge of ______________ made on the _________ day of _________, the above-named AA. has been appointed administrator of the estate of YZ., deceased, subject to the said AA. Entering into a bond of Rs _____________ with one surety in the same sum for the due collection, getting in and administering the estate of the deceased; AND WHEREAS the said AA. has agreed to enter into the above-mentioned bond and the said BB. has agreed to enter into the said bond as surety for the said AA. NOW the condition of the above-written bond is such that if the said AA. does and shall within six months from the grant to him of letters of administration of the estate of YZ., deceased, or such further time as the said Court may appoint, exhibit in the said Court an inventory containing a full and true estimate of all the property, in possession, and all the credits, and also all the debts owing by any person to which the said AA. is entitled as administrator, and do and shall, within one year from the said grant, or such further time as the said Court may appoint, exhibit an account of the estate of the said deceased, showing the assets which have come to his hands and the manner in which they have been applied or disposed of, and do and shall well and truly administer, the said property, credits and estate according to law, and shall deliver and pay to such person or persons, as shall be lawfully entitled thereto, all the rest and residue of the said property, credits and estate which shall be found remaining upon the said administration account, then the above-written bond shall be void but otherwise it shall remain in full force.  Signed etc.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • DEED OF SURRENDER OF TENANCY

    DEED OF SURRENDER OF TENANCY  This deed of surrender of tenancy as made on this …. day of …… between X Co. Ltd., a company registered under the Companies Act 1956 with its Registered Office at and doing business, inter alia, at ............................................. (after it referred to as the tenant) of the one part  and Mr. ......................................................... resident at ................................................................(after it referred to as the owner) of the other part.  And whereas on 7th April 2002 a covenant was entered into by and between the tenant and the owner whereunder and whereby the owner leased to the tenant one ground-floor flat consisting of four rooms, one kitchen, two bathrooms, one car parking space, common use of servant-latrines and common passage around the flat with 5 ceiling fans and one Geyser at …………………................. at a monthly rent of Rs. ………………………......... from………………………………..and whereas all cesses, taxes, rates and levies or burdens were consented to be paid by the owner and tenant would have no liability relating thereof, And whereas under the said covenant and accordingly thereof, the said owner allowed occupation of said flat to tenant and the Tenant has been occupying same since then. And whereas the owner asked the tenant for vacating the said flat on several reasons including hardship to him and the tenant then duly considered the same and for evading any future litigation and expenses has consented to surrender the said tenancy of the said flat.  Now hence this deed witnesseth and the parties consent as below:  1. The said owner hereby confirms, admits /acknowledges that on this day he has received vacant peaceful possession of the said ground floor flat consisting of four rooms, one kitchen, two bath rooms, one car parking space, common servant latrine and common passage surrounding flat with all furniture and fittings, water, drainage, sanitary fittings and electrical installations in the same good conditions and order as they were when the said flat was leased to the tenant minus normal wear and tear. 2. The tenant declares that no encumbrance was created on said flat, which is free from all encumbrances. 3. The owner declares and consents that the tenant has paid whole dues, including rent relating the said flat to-date and nothing is due or payable by the tenant to owner relating the said flat. 4. The parties hereby consent that neither party has paid any money to other due to inducement for surrender of the tenancy.  5. The owner hereby confirms consents and declares that he has received vacant and peaceful possession of said flat from the tenant free from all encumbrances and the owner has accepted the handing over of vacant possession of said flat with all furniture and fittings and also the keys and he has nil claim whatsoever against the tenant in respect of the said flat or otherwise. 6. The owner hereby declares and confirms that nothing is due from and payable by the tenant relating to said rent or municipal charges, water charges, electricity bills or any other charges or claims relating said flat.  7. The owner hereby declares and consents that he would keep the tenant fully compensated against and without harm from all proceedings, claims, actions, expenses, charges and costs thereof whatsoever in respect of said flat for giving peaceful vacant possession of the said flat to the said owner. 8. It is recorded that neither party has any claim against the other in respect of said flat or otherwise whatsoever. 9. It is recorded that the Security Deposit of Rs. ............ has already refunded on receiving peaceful vacant possession of the said flat the receipt thereof the tenant hereby acknowledges. In witness whereof the parties hereto have executed this Deed on the day, month and year first above-written. Signed, sealed and delivered by Mr.......................................... duly authorised by and holder of Power of Attorney from X. Co. Ltd. on this 10th day of June 2002 in the presence of: Signed and delivered by Mr. ........................... owner in the presence of:  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • SURRENDER OF LEASED FLAT

    SURRENDER OF LEASED FLAT  This deed of surrender of lease is made on this ……………… day of ………………... Between AA & Co. Ltd. having its registered office at.......................................... Chennai, who has taken on rent flat No…… situated at sector at Salem (hereinafter called tenant) of the one part and Mr. BB , the owner of that flat ( hereinafter called the owner) of the other part.  Whereas per Agreement dated…………………................ the owner leased the said flat on lease beginning from .............................being a monthly tenant at rent of Rs. 5,000 monthly and security deposit of Rs. 25,000. And whereas the owner asked the tenant for vacating the said flat on several reasons and a case under Rent Act for vacating said flat on reasonable needs is pending.  And whereas the tenant having fully considered the request of owner and has consented the request of owner to evade further litigations and complications.  Now hence this deed witnesseth and the parties hereby consent as below: 1. The said owner hereby declares that he still fully owns the said flat and bear right to receive on surrender of said flat by the tenant possession thereof and give absolute discharge to the tenant from all liabilities whatsoever relating the said flat.  2. The owner declares that there is no arrears of rent, electricity bills or any other claims relating the said flat and all dues payable by the tenant up to and including the ........................ were received and the security deposit has been adjusted and refunded.  3. The owner hereby records and confirms that he has received quiet, peaceful and vacant possession of the said flat free from all encumbrances with all fixtures and furniture having same good condition and order in which the same tenanted flat was let out to said tenant. 4. The owner hereby records confirms and declares that neither party has paid to the other any amount per indemnification or otherwise and this is being executed in consideration of avoiding any further litigations and expenses.  5. The parties declare and consent that in consideration of aforesaid the tenant has delivered vacant and peaceful possession of the said flat with all furniture’s and fittings and the owner has received delivery thereof including the keys of the said flat and taken vacant possession of the said flat along with all furniture and fittings in same good condition in which the said flat was leased to the tenant after removing all the articles and things relating to the tenant.  6. It is declared that neither party has any claim against the other in relation of said flat and the owner undertakes to withdraw the case under Rent Act.  7. The owner hereby releases favouring the tenant the whole security deposit of Rs. 25,000 per Demand Draft bearing No.......... etc. the receipt of which the tenant hereby acknowledges.  8. Each party hereby releases the other from all liabilities emerging under the said tenancy Agreement and any extension and/or alteration thereof and/or in respect of said flat. 9. The owner hereby undertakes and declares to keep the tenant fully compensated against and without harm from any action, proceedings, expenses, charges, costs and claims of whatsoever type in respect of said flat first above stated for delivering vacant and peaceful possession of the said flat to the owner for whatsoever reason or cause of action.  In witness whereof the parties hereto have executed this Deed on the day, month and year first above-written. Signed, sealed and delivered by Mr................................... duly authorised by AA & Co. Ltd. on this ….. October, 2003  Signed and delivered by Mr. BB on this …..day of November, 2003.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • TRUST DEED FOR CHARITABLE OBJECTS

    TRUST DEED FOR CHARITABLE OBJECTS  THIS TRUST DEED is created  between Sh.____________________________  s/o Sh. __________________________________ r/o _____________________________________ hereinafter referred to as "the author" of the one part AND Sh. _____________________________________,  Sh.___________________ __________________,  and Sh.__________________________________ (hereinafter referred to as "the trustees" which expression shall include the trustee or trustees for the time being) of the other part. WHEREAS 1. The author being owner and being in complete possession of the immovable property having no. _______, more specifically stated in the Schedule I enclosed hereto and such other movable property as stated in the Schedule II enclosed hereto which being his self acquired property and he has full disposing power on it under Hindu law; 2. The author intends to gift said properties valuing at Rs. _________ for such donation purposes as stated herein after. 3. The trustees have consented to become owner of said properties/assets for effecting he wishes of the author. NOW THIS DEED WITNESSES AS FOLLOWS: 1. The said Trust shall be named as _____________________ 2. The Objects of the Trust shall be giving financial assistance: (i) to needy and poor people ,widows for enabling them earning their bread. (ii) For students of poor studies. (iii) to persons in distress, due to floods/earthquakes/other acts of God, (iv) Commonly to hospitals, educational Schools and other charitable institutions. 3. On life time of Author and capable of performance, he shall be a trustees and shall exercise, conjointly with other trustees, the powers in applying/spending the trust fund for the purposes as stated before. The majority of the trustees will decided matter relating trust. 4. The trustees shall ensure for spending purposes of the trust stated as before only by income by and out of corpus of Trust Fund. 5. The Trustees shall keep proper accounts of all amounts received/disbursed due to purposes of the trust stated as before. The trustees shall get accounts audited by a Chartered Accountant, per the enactments of the Income Tax Act. 6. If any trustees dies or resigns or become incapable or otherwise, and vacancy falls due to that, founder shall appoint other trustee in filling up the vacancy and if the founder is dead, the remaining trustees shall make the appointment. 7. If, at any moment, net proceeds coming from the properties/assets of the trust exceeds the expenditure incurred due to purposes of trust stated here in before, the Trustees shall be empowered in investing such surplus funds in such securities/bonds as given in Section 20 of the Indian Trust Act. 8. The trust fund, and the corpus and the income there from, shall not be used for any other object excepting those for which trust has been made. IN WITNESS WHERE OF, the parties hereunto have signed this deed Date Place. Witness 1. The Founder  2. The Trustee  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • DRAFT TRUST DEED (Pension Fund)

    DRAFT TRUST DEED (Pension Fund) Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/) DECLARATION OF TRUST is made this………………… day of………………… 2017, between…………………, having its registered office at………………… (hereinafter called ‘the Company’) of the One Part and (1) Shri…………………, (2) Shri…………………, and (3) Shri………………… (hereinafter called ‘the Trustees’) of the Other Part. WHEREAS THE COMPANY intends to creating a Pension Fund for the benefit of the employees; ANDWHEREAS it is necessary to execute a Declaration of Trust in respect of the contribution of the Company. THIS DEED WITNESSES AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES THERETO AS FOLLOWS: 1. That the above named persons, namely (1) …………………, (2) ………………… and (3) ………………… are hereby appointed as the first trustees for administering the Pension Fund of the Company and the income thereof as provided in the rules in force for the time being. 2. That the Trustees shall stand possessed of the existing Fund, Investments, as also all contributions made in future, from time to time, with all accumulations to the said Fund upon trust for the benefit of the employees of the Company. 3. In these presents, unless there is anything repugnant to the subject or context: (a) “The Fund” means the Pension Fund constituted by these presents. (b) “Member” means an employee of the Company who has been admitted to the benefits of the membership of the Fund. Provided however that a director of the company may be admitted to the benefits of membership of the fund only if he is a whole-time bona fide employee of the Company and does not beneficially own shares in the company carrying more than 5% of the total voting power. (c) “Salary” includes dearness allowance if the terms of employment so provide but excludes all other allowances and perquisites. (d) “Service” means the period of paid employment with the company which has been specifically declared by the company as having been satisfactory. Leave sanctioned without pay except on grounds of sickness or study will not count towards the total service, but the period of such leave will not be treated as an interruption in the continuity of service.212 PP-DA&P (e) “Wife” means a woman to whom the member of the fund was married on the date of his becoming eligible to a pension and in whose favour a nomination has been lodged with the Trust. (f) “Completed Years of Service” - ‘N’ is the integral quotient obtained by dividing by 12 the total service as an employee in terms of months, leave without pay other than on grounds of sickness or study for total service, if any, not counting. (g) “Terminal Leave” means leave as defined in Rule (…………………) of the “Company Leave Rules 19…..”. (h) “Year” means the period of 12 calendar months from 1st July to 30th June or such other period of 12 months as the company may, from time to time, adopt for making up its own accounts. 4. This Trust shall not be revocable except with the consent of the members of the fund. 5. That the money for the time being constituting the fund shall be invested by the trustees in such manner as may be specified, from time to time, by the Income-tax Rules, 1962. 6. The Employee permitted to retire at any age after attaining the age of 55 (fifty five) years shall be eligible for pension provided he has rendered not less than 120 calendar months of continuous service with the company as an employee. The Pension to the employee shall commence from the date immediately following the expiry of the period of any terminal leave where it is granted to him on full pay or from the date immediately following his retirement where it been granted cash compensation for the said leave. 7. The amount of pension payable to an employee shall be a monthly pension of N/60 of the average monthly salary drawn by him during the 36 complete calendar months preceding the date of retirement, ‘N’ as defined in para 3(f) above being limited to 30. The amount of pension shall not exceed the monthly ceiling of Rs.............. 8. The pension granted by the company shall be for life. However, where an employee, who has been granted a pension dies before the expiry of 20 years from the date of the commencement of pension, the pension from the date of his death for the balance of 20 years shall be paid firstly to his wife provided she does not re-marry, and, secondly, if she re-marries or dies, to his children at the rate at which the deceased employee was entitled. 9. An employee who having served the company for not less than 10 completed years of service as an employee becomes mentally or physically incapacitated and is medically declared unfit for further service with the company, may be granted by the company an invalid pension calculated on the same basis as provided under clause 7 hereof and subject to the same monthly ceiling as provided in the said clause, even though the employee has not attained the age of 55 years. Such an invalid pension will be subject to review every year and may be reduced or stopped at the sole discretion of the Board of directors of the Company. 10. If an employee dies while in service but after 10 years of completed service as an employee or dies while in receipt of invalid pension then his wife or minor children may at the sole discretion of the Board of Directors be sanctioned by the company a family pension of an amount not exceeding the pension which the employee would have been eligible to have had he retired after attaining the age of 55 years and having rendered the same number of completed years of service as provided under clause 7 hereof and subject to the same monthly ceiling as provided in the said clause. Such a pension shall be subject to review every year and may be reduced/ stopped at the sole discretion of the Board of directors of the company. 11. The trustees may allow commutation of pension granted under clauses 6 and 7 hereof in the following manner: (a) in a case where the employee receives any gratuity, the commuted value of one-fourth pension which he is normally entitled to receive, and (b) in any other case, the commuted value of one-third of such pension; such commuted value being determined having regard to the age of the recipient, state of his health, the rate of interest, and officially recognised tables of mortality. 12. (i) The number of trustees at all times shall be three. (ii) One of the Trustees shall be nominated by the Board of directors of the Company, who may be either a director or an officer of the company. The other two trustees shall be elected from amongst the members of the Pension Fund. (iii) The nominee of the Board of directors of the company shall be the Chairman of the Trust. The trustees other than the nominee of the Board of directors shall be elected by ballot by members hereof and shall hold office as trustees for 3 years, unless their seat becomes vacant earlier under Clause 13 hereafter. (iv) The nominee of the Board of directors of the company shall hold office until a new representative is appointed by the Board of directors to take his charge. 13. The place of trustee shall become vacant if a trustee (a) dies, or (b) resigns his office, or (c) is adjudged an insolvent, or (d) becomes of unsound mind, or (e) is convicted of an offence involving moral turpitude, or (f) in the case of a nominee of the Board of directors of the company ceases to be a director or an officer of the company and in the case of a elected trustee ceases to be a member of the fund, or (g) fails to attend three consecutive meetings of the trustees for any reason which the trustees do not consider to be satisfactory. 14. (i) Any casual vacancy under clause 13 above shall also be filled by holding a fresh election, in case the vacancy occurs in a seat held by an elected trustee. (ii) If a seat of an elected trustee remains vacant for more than one month, the Board of directors of the company may fill the casual vacancy by appointing a trustee from among the members for such period as the election does not take place. (iii) The person elected or nominated to a casual vacancy shall be a trustee for the residue of the term for which the person whose place he fills would have been a trustee. 15. (i) The trustees may meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. The Chairman and an elected trustee shall form a quorum. Questions arising at any meeting shall be decided by a majority of votes and in case of equality of votes the Chairman of the Trust shall have a casting vote. (ii) A resolution in writing signed by all the trustees for the time being shall be as valid and effectual as if it had been passed at a meeting of the Board of Trustees duly called and constituted. 16. (i) The Board of Trustees shall be authorised to delegate any of their powers to such one or more of themselves as they may think fit, from time to time, and they may vary, alter or rescind such powers or any of them as they from time to time think fit. (ii) No act or proceedings of the trustees shall be invalidated merely by reason of the existence of a vacancy among the trustees. (iii) The trustees shall cause proper minutes to be kept and entered, in a book provided for the purpose, of all their resolutions and proceedings and any such minutes of any meeting of the trustees, if purporting to be signed by the Chairman of the trustees shall be receivable as prime facie evidence of the matters stated in such minutes. 17. The Fund shall be exclusively managed and administered by the trustees in accordance with these rules, and the decision of the trustees upon any question relating to the fund or any rights or benefits in connection therewith or generally upon the interpretation of any provision of these rules shall be absolutely final and binding on all members, their executors, administrators, representatives, widows or relatives and the employers. The costs, charges and expenses of administering the fund and of the determination of any question arising under these rules or otherwise, including expenses incurred by the trustees in the discharge of their duties shall be charged to the fund and may be properly paid therefrom, from time to time. 18. The trustees shall have power to employ any person or persons (including any one or more of their numbers) to do any secretarial, legal, accountancy or other work which they may consider necessary or expedient in connection with the management of the fund and to pay therefore in addition to all other proper disbursements, all ordinary or reasonable charges out of the fund. 19. The trust property shall consist of such yearly and other contribution as the company may make to the trust or such other sums as the company shall from time to time, determine provided that the annual contribution by the company to the fund in respect of any particular employee shall not exceed 25% of his salary for each year as reduced by the company’s contribution, if any, to any provident fund (whether recognised or not) in respect of the same employee for that year. Interest, dividend or other accretions from investments and deposits of the Fund hereby established; and Any Securities or other investments of the Trust money. 20. Subject to the previous approval by the Commissioner of Income-tax, the trustees shall, with the approval of the Board of directors, be competent to vary, alter, omit, modify or add to the rules of the Pension Fund. 21. The accounts of the Pension Fund shall be made for each year and shall be duly audited by the auditors appointed by the Trustees with the approval of the Board of directors of the company. There shall be an annual meeting of the trustees after the close of the year and at such annual meeting of the trustees the audited accounts of the previous year of the Fund shall be presented and passed. 22. All matters of procedures and other ancillary matters not herein specifically provided for and requiring the framing of rules including for the election of trustees and for conduct of their meetings shall be regulated by such rules as the trustees may, in consultation with the Board of directors of the company, from time to time, make in that behalf. 23. The Trustees shall respectively be indemnified for and against all liabilities incurred by them in bona fide execution of the Trust hereof. IN WITNESS WHEREOF the parties hereto have duly executed this Trust on the date, month and year first above written. The Common Seal of the above named Company was, pursuant to the resolution of the Board of Directors of the Company passed in this behalf on…………………, affixed hereunto in the presence of the authorised director of the company, who has hereunto set his hands in the presence of: WITNESS: for COMPANY 1. 2. (DIRECTOR) 3. 4. SIGNATURE OF TRUSTEES 1. 2.

  • TRUST DEED FOR ESTABLISHING A SCHOLARSHIP

    TRUST DEED FOR ESTABLISHING A SCHOLARSHIP  THIS TRUST DEED is made  between Sh.__________________________.__________  s/o Sh. _________________________________________ r/o ____________________________________________ hereinafter referred to as "the founder" of the one part AND Sh. ____________________________________________,  Sh._____________________________________________, and Sh.__________________________________________ (hereinafter referred to as "the trustees," which expression shall include the trustee or trustees for the time being) of the other part. WHEREAS the founder wanted to create a trust for giving scholarships to bright students studying in the University/college/school _______________________________________ for promoting and encouraging education and for that purpose proposes in settling a sum of Rs._____________ on trust to the trustees. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. The Trustees shall spend the said sum Rs.________________________ (hereinafter referred to as "Trust fund") in their names in such securities /bonds as they may think fit and to apply the income there from, after paying all costs and expenses of or incidental to the management of the trust fund, giving scholarships to bright students studying in the said University/college/school for the promoting and encouraging education. 2. The scholarship be paid from income of trust fund monthly valuing at Rs. _______________ to be given to the students studying in the said University/college/school and have qualified such examination as laid per regulations of the said University/college/school or as determined by the trustees from time being. 3. If income of the trust fund per year exceeds to what is needed for above said scholarship it can be applied for the grant of any such other scholarship and in such way as the University/college/school may instruct as determined by the trustees, from time being. 4. Decision of the majority of the trustees shall adjudge matter concerning trust .5. If vacancy is caused amongst the trustees owing to death or resignation or incapability of any trustee or otherwise the founder shall select other trustee to fill up the vacancy and in case the founder is dead, the remaining trustees shall make the appointment. 6. The trust shall be a public charitable trust and the trust fund shall in no case revert to the founder of the trust or any of his descendents or to any other person. 7. The trust fund shall not be used for any other object excepting those for which trust has been made. IN WITNESS WHERE OF, the parties hereunto have signed this deed this Date Place.  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • MAKING OF A TRUST BY A DEBTOR FOR THE ADVANTAGES OF HIS CREDITORS

    MAKING OF A TRUST BY A DEBTOR FOR THE ADVANTAGES OF HIS CREDITORS  THIS TRUST DEED is made on this ________ day of ____________  between Sh.________________________________________  s/o Sh.______________________________ _____________ r/o ______________________________________________ hereinafter (referred to as "the debtor") of the first part; AND Sh. ____________________________________________,  Sh. ____________________________________________,  and Sh._________________________________________ (here in after referred to as "the trustees," which expression shall include the trustee or trustees for the said time) of the second part. AND The individuals, firms, and companies detailed in the Schedule I enclosed hereto (hereinafter called "the Creditors") of the third part. WHEREAS 1. The Debtor is doing the business of _______________________ and has taken on credit several kinds of raw materials etc. from different parties ("the Creditors") as referred to in the Schedule I. 2. The Debtor has not been able to pay to the Creditors fully their debts and can not pay them due to financial distress  3. The Debtor has proposed to the Creditors, which as accepted by him as Creditors shall assign his property for their advantage on terms/conditions hereinafter appearing. NOW THIS DEED WITNESSETH AS UNDER:  1. The Debtor hereby assigns, transfers and conveys the said property to the trustees upon trust for benefit of his creditors.  2. The Trustees shall be empowered in selling the said property on and getting money thereto and after spending money, as considered necessary, by them shall give the same proportionately amongst the creditors per such rules as are applicable to the administration of estates in insolvency proceedings and shall stand possessed of the balance thereof (if any) upon trust for the Debtor. 3. The Trustees are free to defer the sale of all or any of the property as deemed fit by them lease, mortgage or otherwise deal with the said property and raise money thereon so as to discharge the liabilities of the Debtor and for expenses incidental to the management of the property. 4. The Trustees shall be empowered to do and manage business of Debtor and to employ the Debtor or any other person per management and may pay to him such salary as they consider fit. 5. The Trustees shall be empowered, in collecting debts owing to the Debtor, to file and suit or other proceedings in court or may refer any controversies with any person in concerning to any such debt to arbitration or may compromise or arrange concerning to any such debt. 6. The Creditors do hereby and each of them does hereby release and discharge the Debtor from all said debts and from all actions, claims, demands or any other proceeding, whatever, by Creditors or each of them, against the Debtor in relation thereof.  7. The Trustees shall, in administering the trust hereby made act per their unanimous judgment and in case of disagreements of opinion, according to opinion of the majority of them. IN WITNESS WHERE OF, the parties hereunto have signed this deed this _________ day of __________. (Schedule hereinabove referred to)  Witness:  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • DRAFT DEBENTURE TRUST DEED THIS TRUST DEED

    Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.60/) DRAFT DEBENTURE TRUST DEED THIS TRUST DEED  is made this………………… day of………………… 2018, between………………… incorporated under the Companies Act, 2013 with its registered office at………………… (hereinafter called “the Company”) of the One Part, and Mr………………… and Mr………………… (hereinafter called “the Trustees”) of the Other Part. WHEREAS by Sub-Clause………………… of Clause………………… of its Memorandum of Association, the company is authorised to borrow or raise and secure the payment of money by the issue of debentures charged upon any of the company’s property. AND WHEREAS the Directors of the company being duly empowered in that behalf by Article No. ………………… of the Articles of Association of the company have decided by a resolution passed in pursuance to Section 179 of the Companies Act, 2013 by the Board of directors in the meeting of the Board held on………………… to raise a sum of Rs………………… by issue of………………… First Mortgage Debentures of Rs………………… each, bearing interest at………………… per cent per annum framed in accordance with the forms set for in the First Schedule hereto and to secure the same by mortgaging with the trustees the properties described in the Second Schedule hereto. AND WHEREAS the trustees above mentioned have consented to act as trustees for the debenture holders. NOW THIS DEED WITNESSETH AND IT IS HEREBY MUTUALLY AGREED TO AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. That in these presents unless there be something in the subject or context consistent therewith the expression following shall have the meaning hereafter mentioned, that is to say: (a) “Company” means………………… Ltd. (b) “Trustees” means Mr………………… or any other trustees hereof for the time being. (c) “Debentures” means the debenture of the company in the form set out in the First Schedule hereto for the time being outstanding and entitled to the benefit of these presents. (d) “Debenture holders” means the holder for the time being of the debenture issued and entered in the register of debenture holders, mentioned on the conditions endorsed on the debentures on the holder of the debentures. (e) “Mortgaged premises” means the property belonging to the company described in the Second Schedule hereto and comprised in the security of the debenture holders. Words denoting the singular include the plural and vice versa unless the contrary appears from the context. (f) Act means the Companies Act, 2013 and any modification or re-enactments thereof. 2. The debentures entitled to the benefit of these presents shall consist of a series of number of debentures of Rs………………… each, aggregating to Rs………………… in all to rank pari passu without any preference or priority by reason of the date of issue or otherwise and secured by the mortgage hereby created on the mortgaged premises. 3. The company hereby covenants with the trustees that the company will on the………………… day of………………… or such earlier day as the principal moneys shall become payable under clause 7 hereof pay the debenture holders the amounts secured by their debentures respectively, and in the meantime will pay interest to the debenture holders on the day of………………… 20… in each year, the first payment of interest to be made on the day of………………… 20... 4. All payments due by the company in respect of the Debentures issued hereunder whether of interest, principal or premium shall be made by cheque or warrant drawn by the company on its bankers and the company shall make at its own expenses all arrangements, with its Bankers as shall be necessary to ensure that such cheques or warrants shall be encashable for the amount for which they are expressed without any deduction whatsoever at the office of its bankers in Delhi or such other places in the Union of India as the Trustees may require. 5. In consideration of the debentures hereby authorised aggregating to Rs………………… the company, as the beneficial owner, hereby mortgages unto the trustees all the fixed plant and machinery and fixture at present existing at the company’s factory and described in part A of the Second Schedule hereto and which may be acquired by the company hereafter or fixed or erected hereafter at its factory for the benefit of the debentureholders and the property described in Part B of the Second Schedule as security for the due payment of principal moneys amounting to Rs………………… in aggregate with interest and all other charges, expenses and other dues, the payment of which has been secured by a charge on the mortgaged premises under these presents. The charge hereby created on the property mentioned in Part A of the Second Schedule shall be the specified charge, while that on the property included in Part B of the Second Schedule shall rank as floating charges. The trustees may, at any time, by notice in writing to the company, convert the said floating charge into a specific charge as regards any assets included in the Second Schedule and specified in the notice in case it is, in the opinion of the trustees in danger of being seized or sold under any sort of distress or execution levied or threatened or in any other case. 6. The company shall hold and enjoy all the mortgaged premises and carry on therein and therewith the business or any of the business mentioned in the Memorandum of Association of the company until thesecurity hereby constituted shall become enforceable under the terms of these presents, in which case the trustees may, in their discretion, without any such request as next hereinafter mentioned and shall upon the request in writing of the holder or holders of………………… at least of the debentures, enter upon or take possession of the mortgaged premises, or any of them and may in the like discretion and shall upon the like request sell, call in, collect and convert into money the same or any part thereof with full power to sell any of the same premises either together or in parcels, and either by public auction or private contract, and either for a lumpsum or for a sum payable by instalments or for a sum on account and a mortgage or charge for the balance and with full power upon every such sale to make any special or other stipulations as to title or evidence, or commencement of the title or otherwise which the trustees shall deem proper and with full power to modify or rescind or vary any contract for sale of the said premises or any part thereof and to re-sell the same without being responsible for any loss which may be occasioned thereby and with full power to compromise and effect compositions and for the purposes aforesaid or any of them to execute and do all such assurance and things as they shall think fit. 7. The principal moneys due to the debenture-holders under this Indenture shall become immediately payable and the security hereby constituted shall become enforceable within the meaning of these presents in each and any of the following events: (a) If the company makes default in the payment of any interest which ought to be paid in accordance with these presents. (b) If the company without the consent of debenture holders ceases to carry on its business or gives notice of its intention to do so. (c) If an order has been made by the Court of competent jurisdiction or a special resolution has been passed by the members of the company for winding up the company. (d) If the company acts in contravention of clause………………… of its Articles of Association. (e) If it is certified by a Chartered Accountant capable of being appointed as auditor under the Act, that the liabilities of the company exceed its assets. (f) If the company creates or attempts to create any charge on the mortgaged premises or any part thereof without the prior approval of the trustees/debenture holders. (g) If in the opinion of the trustees the security of debenture holders is in jeopardy. Provided that on the happening of the events specified in sub-clause (a), the permission given by clause 6 to hold and enjoy the mortgaged premises shall not be determined unless and until the trustees shall have first served on the………………… company a preliminary notice requiring the company to pay the interest in arrears and the company shall have neglected for the period of 30 days to comply with such notice. 8. As soon as the principal money shall become payable and the security enforceable under the last preceding clause 7 (and unless the time for payment and the security to be enforced has been expressly extended by the debenture holders), the trustees shall enter upon and take possession of the mortgaged premises and shall forthwith take steps to consult the debenture holders for the purpose of determining whether the business of the company may be allowed to be carried on or whether the mortgaged premises shall be realised by sale or otherwise. 9. Until the happening of some one of the events mentioned in clause no. 7 of this Indenture, the trustees shall not be in any manner bound to interfere with the management of affairs of the said business except to the extent they may consider necessary for the preservation of the mortgaged premises or any part thereof. 10. If the debenture-holders resolve not to allow the business of the company to be carried on as mentioned in clause 9 above but to realise the security, the trustees shall after giving a notice of 30 days in writing to the company, proceed to realise the mortgaged premises by sale or otherwise and, in doing so, shall conform to discretion, if any, given by debenture-holders. 11. The trustees shall apply the proceeds of such sale or other mode of realisation in the following manner, that is to say, that the trustees shall pay: (a) In the first place all costs, charges and expenses incurred in or about such sale or the performance or execution of trust or otherwise in relation to these presents or otherwise in respect of the security, including the remuneration of the trustees. (b) Secondly, the interest for the time being due and owing on the debentures. (c) Thirdly, the principal money then due and owing to debenture-holders. (d) And lastly, the surplus, if any, to the company or its assignee. Provided that if the said money shall be insufficient to pay all such interest or principal money in full, then the said moneys shall be paid rateably and without preference or priority among all debentureholders of this series according to the amount of the face value of the debentures held by them, but all interest shall be paid before any principal money. 12. When all the principal moneys and secured by these presents shall have been paid and satisfied, the trustees shall forthwith, upon the request and at the cost of the company and on being paid all the costs, charges and expenses properly incurred by the trustees in relation to the security, reconvey, reassign, release and surrender the mortgaged premises or so much or the same as shall not have been sold or disposed of, unto the company or its assigns. 13. If the company shall, at any time during the continuance of the security, be desirous of selling, demising or otherwise disposing of or dealing with any part of the mortgaged premises otherwise than in respect of the floating charge the ordinary course of the company’s business, the trustees may, if satisfied that the debenture-holders’ security shall not be thereby prejudiced, assent to or concur in such sale, demise, disposal or other dealing, and may, if necessary, release the property in question from the trust under this deed on such terms as the trustees may determine. 14. The company hereby covenants with the trustees: (i) That the moneys secured by this deed shall be the first mortgage and charge on the mortgaged premises and shall take precedence over all other moneys which may hereinafter be borrowed by the company against the security of the premises. (ii) that the company shall maintain the mortgaged premises and any and every part thereof in a fit and efficient condition of repair and shall keep the said property duly insured against risk of fire, riot, civil and war risks with such insurers and in such manner as the trustees may determine from time to time and, in default, the trustees shall carry out repair and keep insured the mortgaged premises in the interest of the debenture-holders, and shall be entitled to the immediate payment of such expenditure in full. 15. (a) The company shall in each and every year during the continuance of this security pay to the Trustees for the time being of these presents as and by way of remuneration for their services as Trustees the sum of Rs………………… (Rupees………………… only) per annum in addition to all legal, travelling and other costs, charges and expenses incurred by the Trustees on their officers, employees or agents in connection with the execution of the trust hereof (including all the costs, charges and expenses of and incidental to the approval and execution of these presents) and all other documents effecting the security herein and the first of such payments to be made proportionately for the period and the saidremuneration shall continue to be payable until the trust hereof shall be finally discharged. The trustees acknowledge having received from the com pany a sum of Rs………………… (Rupees……………… only) as their fee for agreeing and accepting the trusteeship of these presents. (b) The company shall pay to the trustees all legal travelling and other costs, charges and expenses incurred by them or their agents in connection with execution of trusts of these presents including costs, charges and expenses of and incidental to the approval and execution of these presents and all other documents affecting the security herein and will indemnify them against all actions, proceedings, costs, charges, expenses, claims and demands whatsoever which may arise or be brought or made against or incurred by them in respect of any matter or thing done or permitted to be done without their wilful default in respect of or in relation to the mortgaged premises. 16. The trustees hereof being a corporate body may, in the execution and exercise of all or any of the trusts powers, authorities and discretions vested in them by these presents act by responsible officers or a responsible officer for the time being of the trustees and the trustees may also whenever they think it expedient in the interests of the debenture-holders delegate by power of attorney or otherwise to any such officer or officers all or any of the trusts power, authorities, and discretions vested in them by these presents and any such delegations may be made upon such terms and conditions and subject to such regulations including power to sub-delegate as the trustees may, in the interest of the debentureholders, think fit and the trustees shall not be bound to supervise the proceedings of or be in any way responsible for any loss incurred by reason of any misconduct or default or any mistake, oversight, error of judgement, forgetfulness or want of prudence on the part of any such delegate. Note: This clause is suitable where the trustees is a bank. In case of individual this be modified suitably. 17. The debenture holders may, by an ordinary resolution, remove the trustee or trustees, or the trustee or trustees may, with the consent of the directors of the company and of the majority of the debenture holders in writing resign or retire from trusteeship. 18. In the event of death, bankruptcy, disability or resignation of any trustee or trustees, another trustee or trustees shall be appointed who shall thereafter have and exercise all powers of the trustee or trustees under these presents. The power of appointing a new trustee or trustees shall be vested in the directors, but no such trustee or trustees shall be appointed by the company until his appointment has been approved by an ordinary resolution of the debenture holders. 19. The trustees may by agreement with the directors of the company modify the terms of the deed in any manner that may be necessary to meet any requirement or contingency, provided that the trustees are satisfied that such modifications are in the interests of the debenture holders. 20. If any debenture is proved to the satisfaction of the company to have been lost, the company shall issue a fresh debenture on payment of a fee of Rs………………… for each such debenture and on such indemnity as the directors may think fit. 21. The company hereby covenants with trustees that company will at all times during the continuance of the security (except as may be otherwise previously agreed in writing by the trustees). (a) carry on and conduct its business in proper and efficient manner with due deligence and efficiency with sound financial standing and pay all rents, cesses on mortgage premises, and insured these properties against fire and natural calamities; (b) to keep proper books of account as required under the Act and let them be open to inspection of trustees during business hours; (c) to give trustees such information as he or they may require relating to business, mortgage property and the affairs of the company; (d) not to effect any scheme of amalgamation, merger or reconstructions during the period of debenture or any part thereof remain outstanding; (e) not to utilise any portion of the debentures for purposes other than those for which the same are issued; (f) not to make any material changes in the existing management set up. Not to declare any dividend to the equity (or preference shareholders, if any) in any year until the company has paid or made satisfactory provision for payment of the instalments of principal (if it has become due) and interest due on the debentures; (g) allow the debenture holders a right to appoint a nominee director on the Board of the company. The said director so appointed shall not be liable for rotation nor required to hold any qualification. Thus, if need be, the company shall take immediate steps to amend its Articles of Association accordingly. 22. The company hereby further covenants with the Trustees that the company shall duly perform and observe the obligations hereby imposed upon it by this deed. IN WITNESS WHEREOF THE COMPANY has caused its Common Seal to be affixed to these presents and the trustees have hereto set their hands the day and year above written. Common Seal of the………………… Witnesses: affixed in the presence of (DIRECTOR)

  • WAIF FOR PUBLIC AND CHARITABLE PURPOSES

    WAIF FOR PUBLIC AND CHARITABLE PURPOSES  THIS DEED OF WAKF is made the _______ day of _______ ., 20 _______¸ by me, AA, aged about _______years,  son of_________________________________,  resident of_____________________________, and I hereby declare and make known to all whom it may concern that amongst other properties I am in my own right in proprietary possession of the properties set out in the schedule hereto and that the said properties are free of all encumbrances, charges and liens whatsoever; AND WHEREAS I have no children, male or female and there are other properties belonging to me sufficient for my maintenance and the maintenance of my wife; AND WHEREAS with the object of attaining Kurbat or nearness to God and reward hereafter, I desire to make a WAKF of the properties set out in the Schedule hereto for any of the purposes recognised by the Mohammedan Law as religious, pious, charitable and more particularly for the maintenance and support of the poor or orphaned children of Mussalmans belonging to __________________ sect. NOW, THEREFORE, THIS DEED WITNESSES that I, the said AA, do hereby dedicate and declare as WAKF all that property more particularly described in the Schedule hereto and hereafter referred to as the Waif property the aggregate approximate value whereof is not more than Rupees__________ (Rs______________________________________________________________________ .) only; AND I hereby constitute and appoint myself the first mutawalli (Superintendent) of the Waif property. I reserve the right to nominate the next mutawalli or during my temporary absence to delegate my powers to such person or persons as I may in my sole discretion consider fit and proper. In case I die and fail to appoint any mutawalli then such person or persons who may be acting in my stead or performing the duties of a mutawalli shall be deemed to be the next mutawalli. If more than one person is nominated by me or is or are acting in my place then both shall continue to act as such mutawallis with power to appoint another in their stead or after them. In case of a vacancy arising in the office of a mutawalli or mutawallis for any reason whatsoever, if no person or persons is or can be appointed then it shall be competent for the principal Civil Court of original jurisdiction to fill in the vacancy or vacancies from amongst any adult person professing the Muslim faith and belonging to _________________ sect: PROVIDED ALWAYS that no person not a Mussalman or renouncing the Mussalman faith shall be appointed or continue to act as mutawalli to the Waif hereby created. The mutawalli or mutawallis for the time being shall exercise all the powers and duties as may be necessary for officiating, managing, preserving and utilising the Waif property and for the said purpose may engage, employee or dismiss any manager, servant, contractor or any person employed by the Waif The income of the Waif property after defraying the expenses of its upkeep, the management of the Waif and the payment of all taxes, etcetera, shall be utilisied for the following objects, inter alia: (1) Maintenance of poor Muslim orphans, provided they belong and continue to belong to the __________ sect. (2) Education of poor Muslim orphans, provided they belong and continue to belong to the _______ sect. (3) Medical attendance and medicine to the same class of Muslims as stated above. The mutawalli or mutawallis shall also be empowered to accept all donations, grants, presents and other property for the purposes of the Waif and may convert any such donation, grant, present or other property into any other as may be necessary for the better utilisation thereof for the purposes of the Waif IN WITNESS whereof I, the said AA, have hereto at_____________, signed this deed and assumed full control and possession of the properties hereby dedicated and mentioned in the Schedule hereto as mutawalli thereof.  Witnesses:  Sd. AA.  1.  Waif and First Mutawalli.  2.  SCHEDULE OF PROPERTY  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

  • APPOINTMENT OF A FRESH TRUSTEE

    APPOINTMENT OF A FRESH TRUSTEE  THIS TRUST DEED is made Between Mr._____________________________.____  s/o Mr. _______________________________ r/o ___________________________________, Mr.____________________________________  s/o Mr. _________________________________ r/o _____________________________________ And Mr.______________________________________  s/o Mr. ___________________________________ r/o ________________________________________ Hereinafter referred to as "the continuing trustees" of the one part AND Mr._____________________________________  s/o Mr. __________________________________ r/o _________________________________________ (hereinafter referred to as "the fresh trustee") of the other part.  WHEREAS  1. A deed of trust (hereinafter referred to as "the trust deed") was executed on ________ between Mr.___________ s/o Mr. ___________ r/o _________________ (the author of the trust) and between Mr._____________ s/o Mr. _____________ r/o ___________________ and the continuing trustees whereby the said Mr.______________ and the continuing trustees were selected as trustees for the purposes stated in the trust deed.  2. The Clause ___ of the trust deed lays that if vacancy falls among the said trustees, the remaining trustees shall be empowered to select a fresh trustee for filling the vacancy.  3. The said Mr. _________________ expired on ________________/resigned with effect from ______________ thence causing a vacancy amongst the trustees.  4. The continuing trustees, due to power conferred in them under clause_____________ of the trust deed proposed to select Mr._______________________________ as the trustee in lieu of the said Mr.________________ __________________________________ NOW THIS DEED WITNESSETH AS FOLLOWS:  That the continuing trustees, due to powers conferred in them under trust deed, hereby appoint the fresh trustee as trustee of said trust, for all purposes in lieu of  Mr. _________________________, conjointly with the continuing trustees in the trust deed AND declare that after it the continuing trustees and fresh trustee shall be holding trust property as trustees per trust deed and act on all powers and perform all the obligations of trustees as given in the trust deed as if the fresh trustee was appointed originally as trustee under trust deed.  IN WITNESS WHERE OF, the parties hereunto have signed this deed  Date:  Place;  Witness:  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

  • DRAFT TRUST DEED (Provident Fund)

    DRAFT TRUST DEED (Provident Fund)   Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.40/) DECLARATION OF TRUST is made this…………… day of………………… 2018, between…………… having its registered office at………………… (hereinafter called ‘the Company’) of the One part and (1) Shri…………………, (2) Shri………………… and, (3) Shri………………… (hereinafter called ‘the Trustees’) of the Other Part. W HEREAS THE COMPANY intends to creating a Provident Fund for the benefit of the employees; AND WHEREAS it is necessary to execute a declaration of trust in respect of the contribution of the company and of the members to the fund. THIS DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. That the above-nam ed persons, namely (1) Shri…………………, (2) Shri………………… and, (3) Shri………………… are hereby appointed as the first trustees for administering the Provident Fund of the Company and the income thereof as provided in the Provident Fund Rules of the Company (hereinafter called the Rules) in force for the time being. 2. That the trustees shall stand possessed of the existing fund as also all contributions made in future time to time with all accumulation to the said fund upon trust for the benefit of the employees of the company who are covered under the Rules. 3. In these presents, unless there is anything repugnant to the subject or context: (a) “The Fund” means the Provident Fund constituted by these presents. (b) “Member” means an employee of the company subscribing to the Fund. (c) “Subscription” means any sum credited by or on behalf of a member out of his salary to hisindividual account but does not include any sum credited as interest. The company by way of employer’s contribution for credit to the member’s account, but does not include any sum credited as interest. (d) “The Balance to the Credit of a Member” means the total amount to the credit of a member to the Fund at any time. (e) “The Accumulated Balance due to a member” means the balance to the credit of the Member’s Provident Fund Account or such portion thereof as may be claimable by him on the day he ceases to be a member of the Fund. (f) “Year” means the period of twelve calendar months from the 1st of July to the 30th June or such other period of twelve months as the Company may from time to time adopt for making up its own accounts. (g) “Salary” includes dearness allowance and commission, if the terms of employment so provide, but excludes all other allowances and perquisites. 4. That this Trust shall not be revocable except with the consent of all the members to the Fund. 5. That the money for the time being constituting the Fund shall be invested by the Trustees in such manner as may be specified from time to time by the Income-tax Rules, 1962. Provided that in execution of the Trust and in the performance of his duties and powers hereunder conferred no trustee shall be made liable for any loss caused to the trust arising by reason of any improper investment made bona fide and in good faith or for the negligence or fraud of any agent employed by them or by reason of any error of judgement or act, default, mistake or omission done in good faith and under bona fide relief by any trustee or by reason of any other matter or thing except wilful and individual wrong or fraud on the part of the Trustee or for breach of trust who is sought to be made liable. 6. (i) The number of trustees at all times shall be three. (ii) One of the trustees shall be nominated by the Board of directors of the company, who may be either a director or an officer of the company. The other two trustees shall be elected from among the members of the Provident Fund. (iii) The nominees of the Board of directors of the company shall be the Chairman of the Trust. The Trustees other than the nominee of the Board of directors shall be elected by ballot by members hereof and shall hold office as Trustees for 3 years, unless their seat become vacant earlier under Clause 7 hereafter. (iv) The nominee of the Board of directors of the company shall hold office until a new representative is appointed by the Board of directors to take his place. 7. The place of a trustee shall become vacant if a Trustee (a) dies, or (b) resign his office, or (c) is adjudged an insolvent, or (d) becomes of unsound mind, or (e) is convicted of an offence involving moral turpitude, or (f) in the case of a nominee of the Board of directors of the company ceases to be a director or an officer of the company and in the case of an elected trustee ceases to be a member of the fund, or (g) fails to attend three consecutive meetings of the trustees for any reason which the trustees do not consider to be satisfactory. 8. (i) Any casual vacancy under Clause 7 above shall also be filled by holding a fresh election, in case the vacancy occurs in a seat held by an elected trustee. (ii) If a seat of an elected trustee remains vacant for more than one month, the Board of directors of thecompany may fill the casual vacancy by appointing a trustee from among the members for such period as the election does not take place. (iii) The person elected or nominated to a casual vacancy shall be a trustee for the residue of the term for which the person whose place he fills would have been a trustee. 9. (i) The trustees may meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. The Chairman and an elected trustee shall form a quorum. Questions arising at any meeting shall be decided by a majority of votes and in case of equality of votes the Chairman of the Trust shall have a casting vote. (ii) A resolution in writing signed by all the trustees for the time being shall be as valid and effectual as if it had been passed at a meeting of the Board of Trustees duly called and constituted. 10. (i) The Board of Trustees shall be authorised to delegate any of their powers to such one or more of themselves as they may think fit, from time to time, and they may vary, alter, or rescind such powers or any of them as they from time to time think fit. (ii) No act or proceedings of the trustees shall be invalidated merely by reason of the existence of a vacancy among the trustees. (iii) The trustees shall cause proper minutes to be kept and entered in hand, in a book provided for the purpose, of all their resolutions and proceedings and any such minutes of any meeting of the trustees, if purporting to be signed by the Chairman of the trustees shall be receivable as prima facie evidence of the matters stated in such minutes. 11. The Fund shall be exclusively managed and administered by the Trustees in accordance with these rules, and the decision of the trustees upon any question relating to the fund or any rights or benefits in connection therewith or generally upon the interpretation of any provision of these rules shall be absolutely final and binding on all members, their executors, administrators, representatives, widows, or relatives and the employers. The costs, charges and expenses of administering the fund and of the determination of any question arising under these rules or otherwise, including expenses incurred by the trustees in the discharge of their duties shall be charged to the fund and may be properly paid therefrom, from time to time. Any decision of the trustees may be given under the hand of any one or more of them. 12. The trustees shall have power to employ any person or persons (including any one or more of their numbers) to do any secretarial, legal, accountancy or other work which they may consider necessary or expedient in connection with the management of the fund and to pay therefor in addition to all other proper disbursements, all ordinary or reasonable charges out of the fund. 13. (i) Every member shall subscribe to the fund at the rate of 10 per cent of his monthly salary and such percentage shall be deducted from his salary, at the time of payment thereof and shall, as soon as practicable, be paid to the trustees who shall credit the same to the account of the member in the books of the Fund. (ii) The monthly contribution payable by the company in respect of each member shall be equal to the subscription payable by each member. (iii) It shall be open for members to pay additional subscription to the Fund which shall be a definite proportion of his salary for that year as provided in the “Rules”. 14. Subject to the previous approval by the Commissioner of Income tax, the trustees shall, with the approval of the Board of directors, be competent to vary, alter, omit, modify or add to the “Rules” of the Provident Fund15. The Trustees shall maintain an account of provident fund for each member of the fund and it shall include the particulars prescribed in sub-rule (2) of Rule 74 of the Income-tax Rules, 1962, and such other particulars as the Trustees hereof may, from time to time, deem necessary and expedient. The Trustees shall furnish a statement of Provident Fund account to each member at such interval, not exceeding 12 months, in such form as the Trustees may prescribe. It shall be the duty of every member to verify the correctness of the statement as and when it is furnished to him and to bring the discrepancy, if any, to the notice of the Trustees. Such a statement shall be signed by the Trustees or by any other person specially authorised by the Trustees in this behalf. 16. The accounts of the Provident Fund Trust shall be made for each year and shall be duly audited by the auditors appointed by the Trustees with the approval of the Board of directors of the company. There shall be an annual meeting of the trustees after the close of the year and at such annual meeting of the trustees the audited accounts of the previous year of the Fund shall be presented and passed. 17. All matters of procedures and other ancillary matters not herein specifically provided for and requiring the framing of rules shall be regulated by such rules as the trustees may, in consultation with the Board of directors of the company, from time to time, make in that behalf. Without prejudice to the general powers conferred or implied in the last preceding sub-clause, the Trustees may, in consultation with the Board of directors of the company make rules: (i) regarding the advance of loans to the members, (ii) regarding the mode of election of the Trustees, and (iii) regarding the conduct of the meetings of the Trustees. 18. The Trustees shall respectively be indemnified for and against all liabilities incurred by them in bona fide execution of the Trust hereof IN WITNESS WHEREOF the parties hereto have duly executed this Trust on the date, month and year first above written. The Common Seal of the above named company was, pursuant to the resolution of the Board of Directors of the Company passed in this behalf on…………………, affixed hereunto in the presence of the authorised director of the company, who has hereunto set his hands in the presence of: WITNESS: for COMPANY (DIRECTOR) SIGNATURE OF TRUSTEES 1. 2. 3. ANNEXURE II DRAFT

  • TRUST DEED FOR ESTABLISHMENT OF A TEMPLE

    TRUST DEED FOR ESTABLISHMENT OF A TEMPLE  THIS TRUST DEED is made  between Sh.________________________________  s/o Sh. _____________________________________ r/o ________________________________________ hereinafter referred to as "the Donor" of the one part AND Sh. _________________________________________,  Sh.________________________________________,  and Sh.______________________________________ (hereinafter referred to as "the trustees," which expression shall include the trustee or trustees for the time being) of the other part. WHEREAS the founder is desirous of establishing a Hindu temple for worship and for promoting and encouraging Hindu culture and philosophy and for the said purpose proposes to provide a plot of land located at _____________________________ more specifically stated in the schedule enclosed hereto and also to settle a sum of Rs.________________ on trust to the trustees for building of temple at the said plot of land. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. Per his desire, the Donor hereby transfers, assigns and convey, ALL that land stated in schedule I enclosed hereto and sum of Rs.____________ for establishing a Hindu temple for worship and for promoting and encouraging of Hindu culture and philosophy. 2. The trustees shall use the money as laid by the donor for building a temple on the said plot of land as per the plan given in schedule II enclosed hereto and on completion of the said temple the deities of ________________________ shall be installed thereon according to Hindu rites/ceremonies. 3. The trustees shall be empowered in appointing/removing such no. of priests for doing Puja and for celebrating festivals and other employees for the maintenance and upkeep of the temple as deemed fit. 4. The expenditure temple and expenditure on celebrating festivals shall be met out of the income of the temple i.e. donation/money offered to the deities. It is deficient, the expenditure can satisfied out of corpus of trust fund. If found surplus, the Trustees shall be empowered in investing such surplus funds in securities/bonds as deemed fit. 5. The trustees be empowered in borrowing money for the expenditure of temple against security of the trust property excepting temple. 6. The trustees shall keep a proper accounts books for donation/money offered to deities and for on expenditure spent on different accounts, daily. The trustees shall get the accounts audited by a Chartered Accountant as per enactments of Income Tax Act. 7. Only majority decision of trustees will adjudge matters of trust. 8. If vacancy falls among the trustees owing to death or resignation or incapability of any trustee or otherwise the donor shall select other trustee for fill up the vacancy and the donor is dead, the remaining trustees shall make the selection. 9. The trust shall be a public charitable trust and the trust fund shall in no case revert to the donor of the trust or any of his descendents or to any other person. 10. The trust fund shall not be used for any other object excepting those for which the trust has been made. IN WITNESS WHERE OF, the parties hereunto have signed this  Date  Place.  Witness 1. The Founder  2. The Trustee  Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

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