Deed of Endowment for establishment of welfare fund by Gupta

V7_CH56

FORMS
1
Deed of Endowment for establishment of welfare
fund for destitute Women
THIS INDENTURE is made on this????. day of????., 20?..
BETWEEN [Grantor] of [Address] (hereinafter called ?the Donor?) of the One
Part  AND Women Welfare & Community Foundation Society, a Society
registered under the Societies Registration Act and having its registered
address at [Address], (hereinafter called ?the Society) of the Other Part.
WHEREAS the Donor is desirous of establishing a Welfare Fund (here-
inafter called ?the Fund?) in trust with the Society for charitable purposes
for the welfare of destitute women in the Society.
AND WHEREAS  the Society as Trustee have agreed to accept and be
invested with the ownership of the fund and/or properties to be transferred
in favour of the Society by the Donor for the purpose and the objects set
forth by the Donor.
.
NOW THE DONOR HEREBY DECLARES as follows:
1.  That in order to establish the Welfare Fund (hereinafter called ?the
Fund?), the Donor doth hereby transfer, convey and pay over to The  Women
Welfare & Community Foundation Society, as a charitable contribution, the
following:
………………………………………………………………………………………………………
2.  The Society is athorized to accept additional contributions to the Fund
in terms substantially similar to those set forth herein.
3. The initial purpose of the Fund shall be to establish an unrestricted
endowment for the welfare of the destitute women in the Society irrespec-
tive of caste,

creed or religion.
4. As and when necessary, with the approval of the committee additional
named sub-funds may be established within the Fund provided that the
establishing gift meets the Society minimum policy (currently Rs.  5,000 per
sub-fund).  The Committee shall specify the following in writing to the Society
when requesting the establishment of a new sub-fund; name; a description
of the charitable purpose(s) and/or programme(s) to be supported; endow-
ment or non-endowment designation; and any other information, restric-
tions or grant administration as may be required.
5. The Donor desires that the annual net income and/or principal from
named non-endowment sub-funds be distributed to the [organization
Ch. 56] ENDOWMENT?FORMS 487488 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
name]????. for the designated charitable purposes and programmes
of the sub-funds.  For grant distributions from endowment sub-funds, it is
intended that grants will be made to the [organization name]??????
from net income only.  At the discretion of the [organization name]????.;
net income may be defined as interest and dividend income less admin-
istrative expenses, or may be annually computed based upon the current
spending policy of the Society (currently 5% of the average past three year-
end Fund balances).
6. Requests for additional distributions from endowment sub-funds
beyond the above selected definitions of net income; i.e., distributions of
principal, shall be in writing to the Board of Directors of the Society, and
shall contain the statement that the direction is made with the approval of
at least a two-third (2/
3
) vote of a quorum of the then Board of Directors of
the [organization name]????????
7. An Advisory Committee (hereinafter called the  ?Committee?) shall
recommend grant distributions from the Fund and each sub-fund and
recommend to the Board of Directors of the Society such other actions as
it deems appropriate under such rules of procedures as the Committee may
adopt. The Society may act upon receiving the written recommendation of
the Chairperson of the Committee.   The Committee shall consist of a
minimum of three members, which shall be designated by the Board of
Directors the [organization name]??????
8. It is understood that the Committee is accountable to the Board of
Directors of the [organization name]????????? and the Society.
The Board of Directors has designated the people listed on Exhibit A to
serve as the initial Committee for the [organization name]??????
Endowment Fund.
9. The Donor hereby acknowledges receipt of the Administrative Fee
Schedule attached hereto as Exhibit B and accepts the terms of said
schedule.  The Donor further understands the fee schedule is subject to
modification and may be increased or decreased at the sole discretion of
the Society?s Board of Directors.  The Donor agrees to be bound by the most
current schedule of fees published by the Society.
10. The Donor is familiar with and accepts the terms of the Procedures
For  The Establishment and Operation of Funds of the By-laws of the Society.
The Donor also understands that the Society, through its duly authorized
committees, reserves the right to make the final decision regarding
distributions from the Fund.
11. In the event that the [organization name]????????? and its
legal successors cease to exist, the Fund be converted to a field of interest
fund from which grants will be distributed to charitable agencies providing
similar services as currently being provided by the [organization name]??.IN WITNESS WHEREOF the parties hereto have executed these presents
on the day month and the year first above written.
SIGNED SEALED AND DELIVERED
at?????.. In the presence of:
1.
2.
[Signature of the Donor]
Accepted this????????.. day of????????.. 20?..
The Women Welfare & Community Foundation Society
By????????? [Name & Designation]?????????.
EXHIBIT A
THE WOMEN WELFARE & COMMUNITY FOUNDATION SOCIETY
FEE SCHEDULE EFFECTIVE FROM JANUARY 1, 200?..
The administrative schedule applies to all funds at the Women Welfare
& Community Foundation Society.  This fee is used exclusively to support
the Society?s operating expenses ? your investment in a public charity
dedicated to making your charitable giving easy, flexible and rewarding.
Annual administrative fees on the market value of fund assets:
1.00% on the first Rs.500,000
0.60% on the next Rs.  500,000
0.30% on the next Rs. 2 million
0.10% on all over Rs.  3 million
Funds in excess of Rs.7 million are assessed a flat rate of 0.25%
The minimum fee is Rs.250 per year?
? The above fees are annual and are assessed monthly based on
the average fair market value of assets.
? For newly established funds, the minimum annual fee is prorated
over the remainder of the year.
? A one-time charge of Rs.100 is made at the time of establishment.
? Funds will be charged for any extraordinary direct expenses
incurred on behalf of a specific fund (such as commission for sale
of contributed stock to the funds, etc.).
? Additional fees may be assessed for other services such as large
numberS of transactions, special grant processing and review, or
other enhanced services.
Ch. 56] ENDOWMENT?FORMS 489490 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
2
Establishment of Charitable Endowment Fund to be
operated by an Advisory Committee
To establish the (?name?)??????????????..Fund (here-
inafter called the ?Fund?), we (I) hereby transfer, convey and pay over to
The Vivekananda Mission (the  ?Vivekananda Mission?), as a charitable
contribution the following sum (or securities):
???????????????????????????????....
???????????????????????????????....
The Vivekananda Mission is authorized to accept additional contribu-
tions to the Fund in terms substantially similar to those set forth herein.
We (I) desire that the annual net income (or income and principal) from
the Fund be distributed to: (list charitable organization(s) and purpose;
specify amounts, percentages, fractions or shares of the net income)
???????????????????????????????....
We hereby acknowledge receipt of the Administrative Fee Schedule
attached hereto as Exhibit??. and accept the terms of said schedule. We
further understand the fee schedule is subject to modification and may be
increased or decreased at the sole discretion of the Vivekananda Mission?s
Board of Directors.  We agree to be bound by the most current schedule of
fees published by the Vivekananda Mission.
An Advisory Committee (hereinafter called the  ?Committee?) shall
supervise the Fund, recommend grants from the Fund, monitor disburse-
ments from the Fund and recommend to the Board of Directors of the
Vivekananda Mission such other actions as it deems appropriate under
such rules of procedures as the Committee may adopt. The Vivekananda
Mission may act upon receiving the written recommendation of the
Chairperson of the Committee. The Committee shall consist of?????..
(number) members of which at least one may be designated by the
Vivekananda Mission Board of Directors.  The remaining???? (number)
members shall initially be designated by?????(name). There shall be
no restrictions as to sex, age, race or residency for membership on the
Advisory Committee.  It is understood that the Committee is accountable
to the Board of Directors of the  Vivekananda Mission. All Committee
members must be approved by the Chairman of the Board of Directors of
the Vivekananda Mission. We recommend that the following people as listed
on Exhibit A serve as the Advisory Committee for the?????????.
Fund.
The Vivekananda Mission will not sponsor any fund raising or otherevents for the?????.  Fund and will not be responsible for the
performance of any obligation or payment of any debt of the sponsor of the
Fund of any kind whatsoever.  The  Vivekananda Mission will not be
responsible for the collection of any amounts from any parties but will only
be responsible for the proper disbursements of funds actually received in
accordance with this document. Any advertising, promotional or other
materials will be consistent with this agreement.
(We) (I) (are) (am) are familiar with and accept the terms of the
Procedures for the Establishment and Operation of Funds of the By-laws
of the Vivekananda Mission. We also understand that the Vivekananda
Mission, through its duly authorized committees, reserves the right to make
the final decision regarding distributions from the Fund. In the event that
the [organization name]????. and its legal successors cease to exist,
we request that the Fund be converted to a General Thrift fund from which
grants will be distributed to charitable agencies providing similar services
as currently being provided by the Organization.
Signed and Delivered on this???..
day of??????.., 20?? In the
presence of:
1.
2.
[Signatures of the Donors]
Accepted this????????. day of????????.., 20?..
The Vivekananda Mission
By Swami Sraddhananda
3
Establishment of an Endowment Fund for Heart
Research Foundation
Date………………….
The Truman Heartland Community Foundation
Mukundapur, E.M. Bypass
Kolkata – 700 099.
To establish the (?name?)??????????? Endowment Fund
(hereinafter called the ?Endowment Fund?), we (I) hereby transfer, convey
and pay over to  The  Truman Heartland Community Foundation (the
Ch. 56] ENDOWMENT?FORMS 491492 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
?Community Foundation?), as a charitable contribution, the following sum
(or securities):?????. (Rs??????..). The Community Founda-
tion is authorized to accept additional contributions to the Endowment Fund
in terms substantially similar to those set forth herein.
We (I) desire that the (please specify) (annual net income) (or) (income
and principal) from the Endowment Fund be distributed in accordance with
the charitable purposes set forth in the By-laws of the Foundation by the
Disbursement Committees of the Foundation, or such other committees as
may be designated by the Board of the Foundation, after receiving the
advice in writing from [please specify] or??????????.
When (our) (my) privilege to advise the Endowment Fund terminates
upon (our) (my) death(s)), resignation(s) or incapacity to serve, the
successor advisor(s) to the Endowment Fund shall be (our) (my) (child)
(children)?????????????.., and?????????? or
[other than children] ???????????.., ??????????and
???????????????  The Community Foundation may act
upon recommendations from (all of them) (a majority of them) (any of them).
We hereby acknowledge receipt of the Administrative Fee Schedule
attached hereto as Exhibit A and accept the terms of said schedule. We
further understand the fee schedule is subject to modification and may be
increased or decreased at the sole discretion of the Community Foundation?s
Board of Directors.  We agree to be bound by the most current schedule of
fees published by the Community Foundation.
We (I) are (am) familiar with and accept the terms of the Procedures for
the Establishment and Operation of Endowment Funds and the policy to
sell contributed property as soon as practical. We (I) also understand that
the Community Foundation, through its duly authorized committees,
reserves the right to make the final decision regarding distributions from
the Endowment Fund. If the above-designated persons are not available
to advise and consult with the Community Foundation,
the Community
Foundation shall use the principal and income from the Endowment Fund
for its general and charitable purposes as set forth in the By-laws.
Yours very truly,
Accepted this??????? day of????????, 20?..
The Truman Heartland Community Foundation
By???????????…………………………..
Paul M. Thomson, President/Executive Director4
Establishment of an Endowment Fund for grant
of Scholarship
Date?????..
The Truman College of Heart Research Foundation
Mukundapur, E.M. Bypass
Kolkata – 700 099
To establish the?????????.. Fund (hereinafter called the
?Fund?), (we) (I) hereby transfer, convey and pay over to  The  Truman
College of Heart Research Foundation (the ?Research Foundation?), as a
charitable contribution, the following:
??……………………………?????????????????????..
The Research Foundation is authorized to accept additional contribu-
tions to the Fund in terms substantially similar to those set forth herein.
(We) (I) desire that the (annual net income only) (income and principal)
from the Fund benefit students of the [designation of recipient]????..
1. Purpose.
The purpose of the Fund shall be to provide scholarships to [state
purpose]:
?????????????????????????????….
?????????????????????????????….
2. Student Eligibility.
The students eligible for assistance [state conditions of eligibility]:
?????????????????????????????….
?????????????????????????????….
3. Type and Amount of Aid.
The type and amount of aid shall be at the discretion of the Board
of Directors of the Research Foundation and may include, but is
not necessarily limited to [list type and amount requirements]:
?????????????????????????????….
?????????????????????????????….
We hereby acknowledge receipt of the Administrative Fee Schedule
attached hereto as Exhibit?? and accept the terms of said schedule. We
Ch. 56] ENDOWMENT?FORMS 493494 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
further understand the fee schedule is subject to modification and may be
increased or decreased at the sole discretion of the Research Foundation?s
Board of Directors.  We agree to be bound by the most current schedule of
fees published by the Research Foundation.
(We) (I) (are) (am) familiar with and accept the terms of the Procedures
For  The Establishment and Operation of Funds of the By-laws of the
Research Foundation. (We) (I) also understand that the Research Foun-
dation, through its duly authorized committees, reserves the right to make
the final decision regarding distributions from the Fund as outlined above
and as set forth in the By-laws.
Yours very truly,
Accepted this???????.. day of???????.., 200??
The Truman College of Heart Research Foundation
By
Paul M. Thomson, Ph.D., President & CEO
5
Establishment of an Endowment Fund for
Charitable Purposes
In order to establish the Endowment Fund (hereinafter called the  ?Fund?)
we hereby transfer, convey and pay over to The Vivekananda Research
Foundation (the ?Research Foundation?), as a charitable contribution, the
assets specified in Attachment A to this instrument.
The Research Foundation is authorized to accept additional contribu-
tions to the Fund in terms substantially similar to those set forth herein.
We desire that the income and principal from the Fund be available for
distribution in accordance with the charitable purposes set forth in the By-
laws of the Research Foundation.  Distributions shall be made by the
Disbursement Committees of the Research Foundation, or such other
committees as may be designated by the Board of the Research Founda-
tion, after receiving the advice in writing from a grant advisory committee
(the ?Committee?) whose members shall be initially selected by [name of
foundation]????????????..  The Committee members may
elect successive committee members.  The Committee shall operate under
its own rules of procedure as the Committee may adopt. The Research
Foundation may act upon receiving the written recommendation of the
Chairperson of the Committee.
We hereby acknowledge receipt of the Administrative Fee Scheduleattached hereto as Exhibit??.. and accept the terms of said schedule. We
further understand the fee schedule is subject to modification and may be
increased or decreased at the sole discretion of the Research Foundation?s
Board of Directors.  We agree to be bound by the most current schedule of
fees published by the Research Foundation.
We are familiar

with and accept the terms of the Procedures or the
Establishment and Operation of Funds of the By-laws of the Research
Foundation. We also understand that the Research Foundation, through its
duly authorized committees, reserves the right to make the final decision
regarding distributions from the Fund. If the Committee is not available to
advise and consult with the Research Foundation, the Research Founda-
tion shall use the principal and income from the Fund for its general and
charitable purposes as set forth in the By-laws.
[FOUNDATION NAME]
By…………………………. [Founder?s Name]????…………………….
Accepted this?????? day of?????????.., 20?.
The Vivekananda Research Foundation
By……………………………………………………
Swami Satyananda Maharaj
Secretary
6
Donor Advised Fund Bequest for Charitable Purposes
[Short Form]
?I give to the Social Welfare Community Foundation???????????.
(describe the bequest).
This bequest shall be used to create (or add to) a component fund (to
be) known as the Charitable Endowment Fund. The (income and principal)
(annual net income) from the Fund, and principal when considered
advisable by the Community Foundation Board, shall be distributed for the
charitable purposes set forth in the By-laws of the Foundation by the
Disbursement Committee of the Foundation, or such other committees as
may be designated by the Board of the Foundation, after receiving the
advice in writing from?????????. or??????????. their
privilege to advise terminates upon their death, resignation or incapacity
to serve, the successor advisor to the Fund shall be?????????.,
?????????, and???????? . If the above designated
persons are not available to advise and consult with the Community
Foundation, the Community Foundation shall use the principal and income
from the Fund for its general and charitable purposes as set forth in the
Bylaws of the Community Foundation. ?
Ch. 56] ENDOWMENT?FORMS 495496 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
Signed and Delivered on this....................... day of........................20.....
In the presence of:
1.
2.
[Signature of Donor]
7
Deed of endowment for establishment of a temple
dedicated in favour of a deity
THIS DEED OF ENDOWMENT is made this day of………………….. by M. N.
etc.
WHEREAS I am desirous of establishing a place of worship for a deity
Thakur Sri Sri……………… ete.  and for the purpose have consecrated ALL
my movable and immovable properties more fully described in the Sched-
ule-A hereto.
NOW THIS DEED OF ENDOWMENT WITNESSES as follows:
1. I,……………… aforesaid do hereby dedicate, grant and convey in trust
all those movable and immovable properties, more fully described in the
Schedule-A hereunder written and delineated in the Map or Plan annexed
hereto with all rights of easements and privileges thereof unto the said deity
absolutely and for ever TO HAVE AND TO HOLD the same for the worship of
the said deity subject to the terms, rules and provisions set forth hereinafter
as follows :
(a) The name of the aforesaid estate shall be ?……………… ?.
(b) The seal of the trust estate shall bear the inscription of  ?……………… ?.
(c) The management to the estate shall be under my control and
supervision as the first shebait thereof as long as I am living and
capable of managing the said estate and thereafter the office of
shebaitship shall devolve on my successors in office in the manner
following.
(d) I shall be entitled to nominate a person as the next shebait to
succeed in my office of  shebaitship. I shall also be entitled to
renounce the shebaitship at any time in writing in which event the
shebait so nominated under the declaration  inter vivos will be
entitled to act as the shebait  in my place and shall exercise the
same powers and be under the same obligations as myself. Where
an acting shebait is incapable or unfit to perform the duties of ashebait the court of a appropriate jurisdiction by a declaration may
appoint a successor in the office of a shebait who shall exercise
the same powers and be subject to the same obligations as myself.
(e) On appointment of a shebait in the manner aforesaid by any Civil
Court any nomination made by myself or any succeeding shebait
shall cease to have effect.
(f) In the event of my failure to nominate the next shebait, the following
persons, namely :
(Names and descriptions of the persons)
or all those amongst them who may be living after my death shall
be entitled to nominate a shebait who shall have the same powers
and be subject to the same duties and obligations as I possess
in respect of the said estate.  In the event of want of unanimity or
failure on the part of the aforesaid persons or the survivors of them
as the case may be, to nominate the next shebait, the Principal Civil
Court of Original Jurisdiction may appoint the next  shebait  as
aforesaid, having the like powers and duties and obligations as
possessed by me.
(g) The shebait shall not alienate any of the properties belonging to
the said deity except for unavoidable necessity.
(h) The  shebait shall be responsible for daily  puja,  seva and the
worship of the deity and for the maintenance of the temple and trust
estate in a clean, sanitary and presentable condition. He shall
cause necessary repairs and improvements to be effected as may
be best conducive to the worship of the deity, accommodation of
pilgrims and visitors, sojourn of the worshippers and guests, and
befitting maintenance of the shebait himself and the members of
his family with special facilities and protection for the widowed and
infirm members of the family of the  shebait, whether past or
present.
(i) No rent shall be charged from the shebait or from a member of the
family of shebait, past or present, provided that if any such member
of the family of a shebait does not pay due honour or homage to
the deity or conducts himself or herself in an objectionable or
unbecoming manner or indulges in any vices or becomes a
nuisance to the debutter estate, such member shall be liable to be
summarily ejected and thrown out be refused of the trust estate
and the shebait for the time being will be entitled to remove such
recalcitrate member with his dependants, if so desired, from the
trust estate without reference to the authorities.
(j) If a shebait has no sufficient income of his own, he, along with the
members of his family, dependent upon him, shall be entitled to
Ch. 56] ENDOWMENT?FORMS 497
G : CDD (Vol. 7) ? 32498 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
be maintained out of the trust estate or out of the offerings made
to the deity.
(k) If any shebait will renounce the Hindu religion or become apostate
or cease to pay due homage or honour to the deity, and five
disciples of the temple may after obtaining the permission of the
appropriate authority apply to the Principal Civil Court of Original
Jurisdiction at.................. for removal of such shebait.
(l) The  shebait  shall keep proper accounts of all income and ex-
penses of the estate and shall keep in deposit all moneys offered
to the deity in the box or boxes which shall have been locked and
sealed, and which shall be opened every week on a fixed day and
approximately at a fixed time in the presence of at least one disciple
of the temple who shall sign register kept for the purpose of
recording the sum total of offerings made every week.
(m) If the income of the trust estate and the offerings to the deity should
justify sufficient surplus, the shebait may establish any educational
institution for orphanage and poor or provision for medical treat-
ment and other reliefs or for such other charitable purposes and
may continue such usuer as the funds may permit.
3. In the event of any property belonging to the estate being acquired
or requisitioned for public purposes, the compensation or income thereof
shall be invested in such property or securities as may be best conducive
to the worship of the deity and maintenance of the objects of the dedication.
4. The approximate value of the properties dedicated and comprising
the trust estate is Rs.............
SCHEDULE-A ABOVE REFERRED TO :
IN WITNESS WHEREOF etc.
[Signatures of the parties]
8
Endowment in favour of deities consecrated in a temple and
for other religious and charitable purposes
THIS DEED OF ENDOWMENT made at……………. this ……………… day
of………………20…… by AB, etc. (hereinafter called ?the Donor?):
WHEREAS the Donor is desirous at this own cost and expenses to
construct a temple at………….. and to install therein the deity of Lord Shiva
and Devi Parvati.AND WHEREAS the Donor desires to dedicate ALL THAT the movable and
immovable properties more fully and particularly described in the Schedule
hereunder written and valued in the aggregate at Rs…………… for the
construction of the said temple and allied buildings and to establish a
religious endowment of the said properties for the worship of the said deities
and for the attainment of spiritual benefits by such worship, seva and puja
at the said temple, subject to the provisions hereinafter contained.
NOW THIS DEED WITNESSES as follows :
1. In pursuance of the said desire and in consideration of the premises
the Donor shall construct a temple and install therein with all due
ceremonies accompanied by the necessary religious rites idols of Lord
Shiva and Devi Parvati (hereinafeter called the deities?) at a cost not
exceeding Rs……………… to be expended from the movable properties fully
described in the Scheduled hereto and does hereby dedicate, grant,
convey, transfer and assure ALL THOSE immovable properties described in
the Schedule hereto and the balance of the movable properties described
in the Schedule hereto together with the said temple and the buildings
thereof (hereinafter called ?the endowment estate?) unto the said deities
absolutely and forever.
2. For the purposes aforesaid the Donor hereby constitutes and appoints
himself as the first shebait and directs that after his death his eldest living
son, and on his death the eldest male descendant in the male line of
succession shall succesively be appointed as the shebait PROVIDED THAT
in the event of there being no male descendant in the male line of
succession at any time or on his earlier death or on his being unwilling to
act as shebait or on his renouncing the Hindu religion or on his being unfit
owing to physical or mental disability or otherwise to hold the office of
shebait the next eldest male living heir of the last shebait shall be appointed
to act as the shebait PROVIDED FURTHER that if the male heir due for such
apointment happens to be a minor, then until his attaining the age of majority
he shall act through his legal guardian PROVIDED FURTHER that if any
shebait dies without leaving any male descendant then his widow and after
her death the eldest of the male heirs of the last male shebait shall succeed
and failing such male heirs the State of…………….. may, subject to the orders
of the High Court of Judicature at…………… appoint a  shebait, for the
exercise of the rights and powers and discharge of the duties and
obligations in relation to the endowment estate as herein contained.
3.  The  shebait shall have no power to sell, mortgage or otherwise
alienate any of the properties hereby dedicated except in case of urgent
necessity PROVIDED THAT previous orders of the High Court of Judicature
at……………… shall be obtained before any such alienation.
4. The properties of the temple shall be managed by the shebait who
shall collect rents, profits and income of the estate and shall pay and
Ch. 56] ENDOWMENT?FORMS 499500 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
discharge land revenue, rates, taxes, cesses and other lawful dues and
demands in respect thereof.  He shall also be responsible for carrying out
the repairs to the said properties and maintaining them in a clean and tidy
condition for the use of the occupants, devotees and visitors.
5. The shebait shall regularly perform the worship and daily seva and
puja of deities and celebrate usual festivals in the manner and in accor-
dance with the Customs of Hindu religion so as to inspire religiosity and
right consciousness in the community.
6. The shebait shall be provided a free furnished accommodation within
the precincts of the said temple or building and shall be entitled to receive
from out of the income of the endowment estate and the offerings made
to the deities a sum of Rs................ or 50% of the net income per annum,
whichever is greater, for his maintenance.
7.  The  shebait  shall maintain proper accounts of the income and
expenditure of the endowment estate and shall keep in deposit all surplus
money in a bank, except such sum or sums as shall be necessary.
for
immediate use. The offerings to the deities shall be kept in locked and
sealed boxes which shall be opened at least once a week and the
collections counted and recorded in the presence of a disciple of the temple
to be nominated for the purpose and the entry got signed by him. The
accounts shall be audited every year by a duly qualified Chartered
Accountant to be appointed for the purpose.
8. On the accumulations of the income of the endowment estate rising
in excess of Rs............ the shebait shall utilise such excess or any part
thereof on charitable objects and purposes such as education, medical
relief and orphanges as the shebait for the time being shall deem fit.
IN WITNESS WHEREOF , etc. the said AB has executed these presents on
the day, month and year first hereinabove written.
THE SCHEDULE ABOVE REFERRED TO :
(Description of the moveable properties)
(Description of the immovable properties)
[Signature of A.B.]
9
Deed of endowment for establishment and running of an
educational institution
THIS DEED OF TRUST is declared in the city of……………… on………………
day of……………… 20…… by……………… of……………… (hereinafter called  ?theDONOR?) in favour of……………… Society (hereinafter called ?the SOCIETY?)
investing the subject matter of the trust in (1) A.B. etc. of……………… (2) C.D.
etc. of……………… (3) E.F . etc.  of……………… (4) G.H. etc. of………………, (5)
I.J.  etc. of……………… and (6) K.L. etc. of……………… as Trustees under this
deed (hereinafter called ?the TRUSTEE?) as set forth herein.
WHEREAS the Donor is desirous of settling on trust his several properties
and assets mentioned in SCHEDULE  ?A? for the purpose of founding a
school for the education and training of young boys and girls is educative
and vocational pursuits.
AND WHEREAS  the trustees abovenamed have agreed to be invested with
the ownership of the properties and assets mentioned in SCHEDULE ?A?
for the purpose of carrying out the objects of the Donor under the direction
set forth herein so as to enable the society to prosecute its objective
according to the directions and wishes of the donor.
NOW IT IS HEREBY DECLARED BY THE DONOR as follows :
1.

That the Donor conveys, transfers and grants unto the trust all and
every such property and assets mentioned in SCHEDULE ?A? TO HAVE AND
TO HOLD the same in trust for the objects of the trust .as described below
to be used and appropriated by the society in order to carry on and fulfil
the said objects in accordance with the directions of the donor, so far as
the same shall extend, and the donor hereby relinquishes for all time any
claim to or interest in the said properties and assets mentioned in SCHEDULE
?A? (hereinafter called the subject-matter of the trust).
2. The objects of the trust are :
(a) To open, run and continue an educational and vocational school
or institution in healthy surroundings.
(b) To engage teachers, professors, instructors and experts of good
moral character and conduct capable of imparting training and
instructions to students in literature, modern sciences, industrial
avocations, research work, moral, intellectual and other useful
pursuits.
(c) To work in the pursuit of the development of mental, physical and
moral uplift of the students and all those connected with the
institution.
(d) To establish, maintain and run residential boarding house for the
students and those connected with the institution.
(e) To invest, dispose of, transfer and otherwise deal with the subject-
matter of the trust as the trustees may deem fit for attainment of
the objects of the trust effectively by the society.
(f) To accept donations, grants, presents and other offerings and to
deal with the same effectively for the purpose of the trust.
Ch. 56] ENDOWMENT?FORMS 501502 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
(g) To charge only moderate tuition fees from the pupils and otherwise
recoup themselves for the expenses to be incurred in the upkeep
and maintenance of the institutions established or to be estab-
lished under these presents.
(h) To train up and equip the pupils to be self-supporting in any field
of avocations for an honourable and decent way of life and to
cultivate and develop good and healthy habits.
(i) To bring out, encourage and develop the inventive and research
faculties of the pupils and teachers and to afford opportunity for
research work in art, science and industrial pursuits,
3. The trustees may from time to time at the recommendation of the
society, make provisions for payment in deserving cases such stipends and
scholarships, as they may deem fit as may be commensurate with the
income of the subject-matter of trust.
4. If any vacancy arises in the Board of Trustees, on account of death,
incapacity or persistent neglect of any trustees the remaining trustees may
co-opt any person preferably out of the personel of the society, PROVIDED
HOWEVER, that no such trustee shall be co-opted if the society by its three-
fourth majority does not approve of such co-option.
5. Any question arising in the administration of the trust shall be decided
by the majority of the trustees acting for the time being.
6. After defraying all necessary expenses incurred in the realisation of
the income of the subject-matter of the trust, the balance of the income shall
be deposited in a Scheduled Bank and.................. per cent of such annual
income shall be handed over to the society annually, the remaining..................
per cent being kept in a Reserve Fund to be utilized in the case of
emergency in accordance with the unanimous opinion of the trustees
expressed in a joint meeting of the trustees or as may be directed by court.
7. The trustees may out of the corpus of the subject-matter of the trust
spend such money or out of the sale proceeds of any part thereof
appropriate such money or part thereof for laying out, erecting and
furnishing any building, research institute or for incurring any capital
expenditure as may be unanimously resolved upon by the trustees or as
may be allowed by court in this behalf.
8. The society is a body incorporated under Societies Registration Act
or other statutory provisions which shall be governed by its rules and by-
laws.  The society shall merely carry on the objects of the trusts with such
funds as may be made available to it by the trustees.   The society shall render
account to the trustees of all fees received or realized, grants, presents,
donations or other moneys received by the society from whatever source.
The society shall carry out the direction in respect of the utilisation of the
funds received directly or indirectly, from the trustees, pupils or other
sources.9. If any dispute shall arise between the society and the trustees in
respect of any matter relating to the administration of the trust or subject-
matter of the trust, the same shall be referred for decision of the President
of the Bar Association at.................. who may decide the dispute or the
matter may be referred to the court of District Judge.................. for directions
under the Indian Trusts Act, 1882.
10. As long as the donor shall live and be able to act in the matter and
after his death one of his legal heirs in succession till the trust shall survive,
shall remain one of the trustees and shall be entitled to preside at all
meetings of the trustees and of the society with the right for a casting vote
also, unless prevented to do so by any rule of law.
SCHEDULE ABOVE REFERRED TO:
IN WITNESS WHEREOF , etc.
[Signatures of the all parties]
10
Clause of an endowment by way of testamentary disposition
in favour of a University
I DEVISE AND BEQUEATH to the University of……………… located
at……………… the following described property :
The property constituting the subject-matter of this gift is to be merged
with and become a part of the general investment assets of the University,
is to be known as the………… Fund and shall be used in furthering the objects
and welfare of the University as its governing body shall direct.
[Signature of the Donor]
11
Endowment by way of testamentary disposition in favour of
a University to establish a professorship
I DEVISE AND BEQUEATH to the University of……………… located at…………,
the sum of Rs……….. (or other described property), hereinafter referred to
as the FUND in trust for the following purposes :
1. The income from the Fund, after paying all charges and expenses
properly allocable to it, shall be used by the Trustee for the establishment,
Ch. 56] ENDOWMENT?FORMS 503504 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
support and maintenance of a professorship in the Department (or school)
of.................. of the University, to be known as the.................. Professorship
of..................
2. Appointments to the professorship shall be made, and the tenure and
other terms and conditions affecting the appointment shall be such as shall
be from time to time prescribed, by the faculty of the University or such other
authority as the governing body of the University shall designate.
3. If at any time the income from the Fund shall be in excess of the amount
deemed by the Trustee reasonably necessary for the above purposes, any
excess may be used to maintain one or more other professorship or
assistant professorships in the same department, or for the objects and
welfare of the University without restriction.
4. If at any time the income from the Fund is no longer needed for the
purposes above stated, the governing body of the University shall use it
for such other purposes as shall be deemed at the time best suited to
promote the objects and welfare of the University.
[Signature of the Donor]
12
Declaration of endowment for the promotion of Roman
Catholic faith and in particular for a
Roman Catholic School
THIS DECLARATION OF TRUST is made the……………… day of………………
by [the existing owners or governors of the school] of [addresses, etc.]
(hereinafter called the trustees which expression shall where the context
so permits include the trustee or trustees for the time being of this deed).
WHEREAS:
(1) For some time past there has been established at……………… in the
City of……………… a Roman Catholic private school known as……………..
School (hereinafter called the school) under the direction of the trustees.
(2) There has been a general expression of desire on the part of many
persons professing the Roman Catholic faith and living in the neighbourhood
of……………… aforesaid that the school should be expanded and developed
and in pursuance of such desire the trustees are resolved to establish a
trust for the purposes hereinafter appearing.
(3) The school has been and is carried on upon all that freehold property
specified in the schedule hereto.
(4) Further land and also cash investments and goods may from timeto time be donated to or otherwise acquired by the trustees upon with and
subject to the trusts? powers and provisions of this deed.
NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED
as follows :
1. The  Trust hereby founded shall be called…………….. (hereinafter called
the charity).
2. The objects of the Trust are by such means as are charitable to
promote the Roman Catholic faith and Roman Catholic charitable institu-
tions in the City of……………… aforesaid and in particular to support expand
and develop the school financially and otherwise.
3. In furtherance of the said objects and subject as hereinafter provided
the trustees will hold the said freehold property upon trust to use and
maintain the same for the use of the school, for the purpose of providing
education for children professing the Roman Catholic faith in the said City
PROVIDED ALWAYS  that nothing herein contained shall preclude the trustees
from providing places at the school for children not adhering to that faith
if the trustees shall so decide.
4. The trustees may from time to time acquire by purchase exchange
gift or otherwise other freehold or leasehold land and premises for the use
of the school.
5. (a) If for any reason any part of the premises from time to time occupied
for the purposes of the school should in the opinion of the trustees become
unsuitable or not be required for such purposes the trustees may (with the
consents as by law required) sell exchange or lease the same.
(b) The trustees may apply the proceeds of sale of such premises and
the rents and profits thereof in the purchase of other land for occupation
by the school and in fitting equipping and furnishing the same so that the
same shall be held and used upon with and subject to the like trusts powers
and provisions and for the like purposes as the premises previously used
and occupied for the purposes of the school.
6.  The  Trustees shall stand possessed of any cash investments and other
movable properties from time to time paid or transferred to them upon with
and subject to the trusts powers and provisions of this deed (hereinafter
called the endowment fund) upon trust to apply the same and the income
thereof?
(a) in and for the equipment maintenance repair insurance and
reconstruction and general upkeep of the school and the payment
of all outgoings including the payment of staff in connection
therewith and the general expenses of carrying on and managing
the same;
(b) if and in so far as the trustees shall in their absolute discretion think
fit in establishing scholarships tenable at the school;
Ch. 56] ENDOWMENT?FORMS 505506 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
(c) in such other manner being charitable as the trustees shall in their
absolute discretion think fit for the benefit of the school and the children
for the time being members thereof :
PROVIDED ALWAYS :
(i) that no part of the endowment fund which constitutes capital
monies shall be applied unless the trustees? accountants shall
certify in writing that the payment in question ought in their opinion
to be regarded as capital expenditure but this provision shall not
prevent the trustees from accumulating income and applying the
same as income if and when they shall think fit;
(ii) that the trustees shall in awarding scholarships take account of the
financial means of the beneficiaries and their parents or guardians;
(iii) that the endowment fund and the income thereof shall be used or
paid or applied exclusively for charitable purposes.
7. The trustees shall have power from time to time as they may in their
absolute discretion think fit?
(a) to collect donations (whether periodical or otherwise) ;
(b) to issue appeals for donations and periodical reports on the work
of the trustees ;
(c) to accept donations on any special trusts in connection with the
school so that every donation so accepted shall be held subject
to the terms and conditions of the gift.
8. The trustees may in their discretion enter into an agreement with any
central local or other authority under which the financial maintenance of
the school is taken over by such authority or grants are paid to the trustees
in respect of or towards such maintenance PROVIDED ALWAYS that any such
agreement shall ensure the continuance in the school of religious ins-
truction and observance in accordance with the tenets of the Roman
Catholic Church and if at any time it shall become impossible to give such
instruction in the school the trustees shall thenceforth hold the premises
for the time being occupied therefor and the endowment fund upon trust
for such other purposes being charitable calculated to promote the Roman
Catholic faith in the said City of.................. as they shall in their absolute
discretion think fit with power to sell (with the consents required by law) the
said premises and to apply the proceeds of sale for such purposes.
9. Subject to the provisions hereinbefore contained as to the awarding
of scholarships the trustees shall have power from time to time to fix and
vary such fees as they shall in their absolute discretion think fit to be paid
for the instruction and otherwise on account of the children admitted to the
school including the power to remit fees in whole or part and to provide
scholarships and for that purpose to build up scholarship funds.10. (a) The appointment of a headmaster or headmistress of the school
shall be made by the trustees but the appointment of other masters and
mistresses and of servants and other persons required for the running of
the school shall be in the hands of the said headmaster or headmistress.
(b) Save as regards such appointments as are to be made by the
headmaster or headmistress the trustees may make such rules and
regulations as they shall from time to time in their absolute discretion think
fit for the management of the school and may at any time and from time
to time rescind or vary such rules and regulations.
(c) In making such rules and regulations as aforesaid the trustees may
delegate to the headmaster or headmistress such matters relating to the
day to day management of the school as they shall in their absolute
discretion think fit.
11. The trustees may from time to time as may be considered desirable
for the object of the trust raise money (with such consent as by law required)
by mortgage and so (in particular) that money so raised shall be applicable
to effecting any improvement on the trust property which the trustees
surveyor may certify to be desirable (whether or not being a statutory
improvement) and in the same manner and for the same purposes and for
which capital of the endowment fund may be expended.
12. The trustees of this deed shall be................. in number and shall
include the priest for the time being of the church of......................
13. The power of appointing new trustees hereof shall be vested in the
surviving or continuing trustees for the time being (excluding any retiring
trustee).
14. Without prejudice to any other power of appointing new trustees
whether contained elsewhere in this deed or conferred by statute or
otherwise a new trustee may be appointed by resolution of a meeting of
the trustees and whenever a trustee is so appointed a memorandum of his
appointment shall be prepared and signed and sealed by the person
presiding at such meeting and attested by two other persons present
thereat.
15. Every new trustee shall before acting in the trusts of this deed sign
in the minute book for which provision is hereinafter made a declaration of
acceptance and of willingness to act in the trusts hereof.
16. The following regulations shall govern the procedure of the trustees:
(a) The trustees shall hold meetings at least once in every school term
and at such other times and in such places as they shall from time
to time decide and any trustee may at any time convene a special
meeting of the trustees upon at least four days?  notice being given
to the other trustees of the matters to be discussed.
Ch. 56] ENDOWMENT?FORMS 507508 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
(b) There shall be a quorum when................. of the trustees are
present at any meeting.
(c) The trustees shall at each of their meetings appoint one of their
number to be chairman and as such he shall have a casting vote.
(d) Every matter shall be determined by the majority of the votes of
the trustees present and voting on the question.
(e) Any  resolution of the trustees may be rescinded or varied from time
to time by the trustees.
(f) The trustees shall provide and keep a minute book in which shall
be entered the proceedings of the trustees and which shall be
signed by the chairman at the conclusion of each meeting or at
some  future meeting if the minutes shall have been duly confirmed.
(g) The trustees shall provide books of account in which shall be kept
all proper accounts of all money received and paid respectively by
or on behalf of the trustees for the purpose of this deed.
(h) The trustees shall arrange for the accounts to be audited yearly
by a chartered accountant.
(i) The appropriation of benefits shall be made by the trustees at their
meetings  PROVIDED  that they may authorise any two of their
number to make any payment required to be made in pursuance
of such appropriation.
17. The trustees may from time to time open and maintain in their names
a bank account or bank accounts at such bank or banks as they shall from
time to time decide and may at any time pay any monies forming part of
the endowment fund to the credit of any such account or accounts or place
the same on deposit with any bank or banker and all cheques and orders
for the payment of money shall be signed by at least two of the trustees.
18. The trustees shall not be bound in any case to act personally but
shall be at full liberty to employ and pay any clerk or other agent or servant
to transact all or any business of whatever nature required to be done in
pursurance of the trusts hereinbefore declared and contained including the
day-to-day management of the school and the receipt and payment of
money and shall be entitled to be allowed and paid all charges and
expenses so incurred and shall not be responsible for the defaults of any
such agent or servant or any loss occasioned by his employment.
SCHEDULE
[Particulars of the premises at present occupied by the school]
IN WITNESS etc.
[Signatures of trustees]13
Dedication of land for the purpose of erection of
church-room for charitable purposes
THIS INDENTURE is made the…………….. day of ……………..  BETWEEN
[grantor] of [address, etc.] (hereinafter called the grantor) of the One Part
and [trustees] of [addresses, etc.]  (hereinafter called the trustees which
expression shall include the-
trustees or trustee for the time being hereof)
of the Other Part.
WHEREAS the grantor is seized and possessed of as an absolute owner
free from all encumbrances of the property fully described in the Schedule
hereto and hereby conveyed and is desirous of assuring the same to the
trustees to be held by them upon and subject to the trusts? powers and
provisions hereinafter contained and appearing.
NOW THIS DEED WITNESSETH as follows :
1. In pursuance of the said desire the grantor [as settlor to the intent that
he may be bound by the same covenant as would be implied against him
if this conveyance were a conveyance by way of settlement] hereby freely
and voluntarily and without any valuable consideration conveys unto
trustees all that [ parcels ] more fully described in the Schedule hereto TO
HOLD the same unto the trustees upon the charitable trusts and with and
subject to the powers and provisions hereinafter contained that is to say:
2. The trustees shall permit any buildings suitable for the purposes
hereinafter mentioned to be erected on the said property (hereinafter
referred to as the trust property) and as and when need shall require and
shall permit all or any of the buildings for the time being standing on the
trust property to be repaired pulled down altered or rebuilt in order to render
the same better adapted for the purposes hereinafter mentioned.
3. The trustees shall not be responsible for the maintenance or repair
or insurance of the trust property or for the payment of any charges thereon.
4. The trustees shall permit the trust property and the buildings from time
to time erected thereon to be used in perpetuity by the rector and the church-
wardens for the time being of the……………..  church for the furtherance of
any religious and charitable purpose or purposes in connection with the
church aforesaid or otherwise for the benefit of the members of the Church
of…………….. resident in the country of…………….. as the trustees may think
fit.
5. The trust property shall not be used for any purpose inconsistent with
the welfare or contrary to the principles of the Church of……………..
6. The management and control of the trust property and affairs shall
be vested in a committee which shall consist of the trustees and the rector
and church-wardens for the time being of the said church.
Ch. 56] ENDOWMENT?FORMS 509510 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
7. The committee shall have power from time to time to make vary or
rescind any rules for the administration of the trust and for the conduct of
their business as they shall think fit.
8. A minute book shall be kept by the committee and all proceedings of
the committee shall be entered therein.
9. The trustees shall be at liberty at any time to sell the trust property
or any part thereof with such consent (if any) as may be required by law
and in case of such sale shall execute and do all such deeds and acts as
may be necessary for the purpose of carrying such into effect.
10. The proceeds of any sale under the power hereinbefore contained
or any statutory power shall after payment thereout of all expenses
incidental thereto be applied either in purchasing other property to be used
for the purposes of a church room or for any other religious or charitable
purpose or purposes in connection with the church aforesaid or otherwise
for the benefit of the members of the Church of................. resident in the
said country as the trustees shall think fit and if at the time of any such sale
the said church shall have ceased to be by law established then the trustees
shall apply the proceeds of sale as aforesaid for the use and benefit of the
members of the Church residing in the said country as in their discretion
they may think proper.
11. The power of appointing a new trustee or new trustees of this deed
shall be vested in the trustees [or  committee] and without prejudice to any
other power of appointing new trustees whether conferred by statute or
otherwise any new trustee as aforesaid may be appointed by resolution of
a meeting of the trustees [or  committee] and whenever a trustee is so
appointed a memorandum of his appointment shall be prepared and signed
by the person presiding at such meeting and attested by two other persons
present thereat and by way of extension and variation of the statutory
powers the following provisions shall apply
(a) The number of trustees shall not exceed…………….. and shall not
be less than…………….. and upon any new appointment the number
shall if possible be made up to at least the original number.
(b) No person shall be eligible to be appointed a trustee who is not
a member of the Church of…………….. and any trustee who shall
cease  to be a member of the Church of…………….. or who becomes
insolvent or remains out of India for more than [twelve] consecutive
months shall thereupon cease to be a trustee of this deed.
(c) Any one of the trustees may when there are more than……………..
trustees retire from the trusts hereof on giving [two] months? notice
in writing of his intention so to do to each of the other trustees for
the time being and upon the termination of such [two] months the
trustee giving the notice shall thereupon cease to be a trustee ofthis deed. And notice sent by post to the last known usual place
of abode in India of any trustee shall be sufficient notice to him
hereunder.
THE SCHEDULE ABOVE REFERRED TO :
IN WITNESS etc.
[Signatures and seals of all parties]
14
Deed of endowment of land for religious purpose of
construction of temple and out-buildings
THIS INDENTURE is made the…………….. day of……………..  BETWEEN
[donor] of [address, etc.] (hereinafter called the donor) of the One Part and
[trustees] of [addresses, etc.] (hereinafter called the trustees) of the Other
Part.
WHEREAS:
(1) The donor is the owner in absolute possession of a property situate
at…………….. more fully described in the Schedule hereto and hereinafter
referred to as ?the said property?.
(2) There is no temple or other building for the purpose of divine service
according to the rites of the Hindu religion of Lord Sri Chaitanya on or near
the said property.
(3) By an agreement dated…………….. and made between the donor of
the one part and the trustees of the other part it was agreed that the trustees
should for the period of…………….. years have the right of entering on the
lands described in the schedule hereto and hereby granted (thereinafter
and hereinafter called the site) for the purpose of the erection of buildings
in accordance with the stipulations therein contained and that they might
within the said period erect and complete on the site as therein mentioned
a temple with out-buildings to be used only for the general purposes of the
public and disciples of Lord Sri Chaitanya and that they or their successors
should also be at liberty thereafter to build on the remaining portion of the
said property other buildings to be used for the residence of any such
disciples or pilgrims if they should so desire but only in accordance with
plans and elevations to be approved by the architect for the time being of
the donor or of the owner or owners for the time being of the said property
and that if and when (within the said period of…………….. years) the said
temple should be erected and completed as therein mentioned the donor
would convey the site with the buildings thereon to the trustees.
(4) The trustees entered on the property and erected a temple and other
Ch. 56] ENDOWMENT?FORMS 511512 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
buildings thereon in accordance with the said agreement and the same has
been duly licensed for divine service.
(5) The trustees are desirous that the said property should be conveyed
to them upon the trusts hereinafter declared concerning the same.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of the premises the donor upon the acceptance of
the trustees (testified by their execution of this deed) hereby conveys unto
the trustees the said property together with the temple and other buildings
thereon erected  TO HOLD  the same unto the trustees absolutely and forever
nevertheless upon the trusts and subject to the provisions hereinafter
contained.
2. It is hereby agreed and declared that the trustees shall stand
possessed of the said property and the said temple with other out-buildings
standing thereon upon trust to allow the said temple and out-buildings to
be used by any person or persons duly authorised by him and where
necessary duly licensed in that behalf for charitable purposes in connection
with the advancement of religion according to the doctrine of Hindu religion
and in particular for all or any of the following purposes which are charitable,
namely :
(1) For public worship so long as the same is licensed in that behalf
and other religious purposes and the propagation of its teaching
of Lord Sri Chaitanya the holding of classes and missionary and
other religious meetings.
(2) For any charitable purposes which the trustees shall in their
discretion think directly or indirectly conductive to assist or benefit
the work of the said temple.
3.  Provided also that if and when the trustees shall think fit they may
permit the said property or any part thereof to be used at any time hereafter
for both or either of the following purposes namely:
(1) The erection of a building for consecration and use as a prayer hall
where the rites of the temple are to be observed.
(2) The erection of a house for the residence of any Religious head
or Guru who may for the time being be the incumbent or have the
charge of the said temple or officiate in connection with the said
temple together with out-buildings in connection with the same.
4.  The buildings so to be erected shall be in accordance with plans and
elevations to be approved by the architect for the time being of the donor
or of the owners or owner for the time being of the said property and be
erected in brick stone or other approved materials with slate or tiled roofs
and to the satisfaction of such architect.
5. Except with the consent of the donor or of such owners or owner as
aforesaid the trustees shall not use any part of the site for the time beingunbuilt on except as a field or as a garden ground attached to a house of
residence or in connection with the said temple or out-buildings or erect
thereon any other building in addition to the said temple except as an
extension of the same or such temple or out-buildings and house of
residence as aforesaid or either of them with suitable out buildings
PROVIDED that these restrictions shall be binding only on the trustees and
in particular shall not affect any mortgage or person body or corporation
having at any time a charge on the said premises under clause 10 hereof
or otherwise or any person or persons claiming under any such mortgage
or charge.
6. The trustees may apply any monies received by them hereunder in
payment of and shall be entitled to be indemnified against all costs charges
and expenses incurred by them in relation to the trusts hereof or otherwise
in relation to the premises and may for the purpose of giving effect to such
indemnity mortgage or charge the property hereby assured or any part
thereof (except the said temple) to any person or persons whomsoever for
raising or securing all such costs charges and expenses and such sum or
sums of money as may be requisite for the due execution of the trusts hereof
or any of them but no mortgagee or mortgagees or persons or person or
body or corporation lending money to the trustees shall be bound to inquire
as to the necessity or propriety of any mortgage or mortgages made or
purported to be made under or by virtue of this deed.
7. The decision of a majority of the trustees present at a meeting of which
reasonable notice shall have been given shall bind the minority.
8. The statutory power of appointing new trustees shall apply to this deed
with this modification namely that no person shall be capable of being
appointed a trustee of this deed unless he has having faith, in the
preachings of Lord Sri Chaitanya. The number of trustees may be increased
from time to time notwithstanding that no vacancy exists provided that the
number of trustees shall not exceed [five].
9. If any dispute difference or question shall at any time arise between
the Religious head of the temple and the trustees as to the construction
meaning or effect of the trusts and provisions herein contained or otherwise
in relation thereto such dispute difference or question shall on the demand
in writing of the trustees or of a majority of them or of the Religious head
of the temple be referred to a single Arbitrator to be nominated by mutual
agreement and in case of disagreement to be referred to the court for
arbitration in accordance with the Arbitration and Conciliation Act, 1996.
SCHEDULE
[Description of land conveyed]
IN WITNESS etc.
[Signatures of the donor and the trustees]
Ch. 56] ENDOWMENT?FORMS 513
G : CDD (Vol. 7) ? 33514 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
15
Deed of endowment establishing mission building to preach
the teachings of Sri Ramkrishna and Swami Vivekananda
THIS INDENTURE is made the................. day of.................  BETWEEN
[grantor] of [address, etc.] (hereinafter called the donor) of the One Part and
the Swami…………….. in holy orders and [other trustees] of [addresses, etc.]
(hereinafter called the trustees) of the Other Part.
WHEREAS the donor is the absolute owner in respect of the piece of land
with the buildings erected thereon hereinafter described and hereby
conveyed and he is desirous of assuring the same to be the endowment
or a part of the endowment for religious and charitable purposes in manner
hereinafter appearing.
NOW THIS DEED WITNESSETH as follows :
1.  In pursuance of the said desire the donor freely and voluntarily and
without any valuable consideration hereby conveys unto the trustees all that
[parcels] TO HOLD the same unto the trustees upon trust to permit the same
to be used for charitable and religious purposes in connection with the
advancement of Hindu religion according to the doctrine of Sri Ramkrishna
and Swami Vivekananda and for such other charitable purposes as the
trustees may think fit and the following provisions shall take effect subject
only to such modifications (if any) as may be necessary to keep the same
within the limits of a valid charitable trust, and yet to give effect to such
provisions as nearly as practicable.
2. The trustees shall have the entire and absolute control of the said land
and the buildings for the time being thereon and the management regulation
and care thereof subject as hereinafter provided with power at their
discretion to delegate the said management regulation repair and care or
any of them to such persons or bodies of persons as they shall think fit.
3.  The trustees shall permit the [President or Secretary or other
incumbent] for the time being of the Ramkrishna Mission to use the said
buildings without payment for any religious or charitable purpose including
the purpose of mission services or for any meetings objects or purposes
having in view the spiritual moral or intellectual wants of professing
members of the Ramkrishna Mission the decision of the trustees as to what
constitutes such a purpose as aforesaid being final and binding upon all
parties and the said [President or Secretary] giving such notice of the times
at which he will require to use the said buildings for any of the purposes
aforesaid as the trustees shall from time to time determine and subject as
aforesaid the trustees shall permit the said buildings to be used for lectures
concerts dramatic performances and other public or private entertainments
and for meetings classes and other assemblies connected with parliamen-tary or municipal or other elections or with religious philanthropic or other
societies or purposes upon such terms and conditions as to payment and
otherwise as the trustees shall from time to time think expedient.
4. The trustees shall stand possessed of all monies from time to time
received by them as payments for the use of the said buildings or otherwise
in the execution of the trusts hereof in trust in the first place to maintain repair
insure alter improve or rebuild the said buildings as they shall from time to
time think expedient and in the next place to pay all expenses in respect
of the custody and care of the said buildings including servants? and
caretakers?  wages and allowances and all other outgoings in respect of or
in connection with the said buildings and the use thereof as the trustees
shall from time to time think expedient and finally to apply the surplus (if
any) of such monies to such of the charitable purposes hereinbefore
mentioned as the trustees shall think fit.
5.  The power of appointing new trustees shall be vested in the
Swami………….. and in his absence caused by death or otherwise, upon the
surviving trustees.
6. In the event of any disagreement amongst the trustees with reference
to the execution of any of the trusts or powers hereof the decision of the
majority shall bind the minority.
SCHEDULE
[Description of property]
IN WITNESS etc.
[Signatures of all parties]
16
Deed of appointment of new trustee of a Religious
and Charitable endowment
THIS APPOINTMENT is made the…………….. day of…………….. BETWEEN
the Swami…………….. of…………….. Mission (hereinafter called the ap-
pointor) of the First Part [surviving trustees] of [addresses, etc.] of the
Second Part [new trustee] of [address, etc.] of the Third Part.
WHEREAS :
(1) This deed is supplemental to a Deed of Endowment dated……………..
and made between [grantor] of the one part and [original trustees] of the
other part whereby certain land was endowed to the said [original trustees]
upon trust to permit the.
use of the buildings for the time being thereon for
any religious or charitable purpose including the purpose of mission
Ch. 56] ENDOWMENT?FORMS 515516 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
services and the trusts affecting such property were declared including a
provision granting the power of appointing new trustees to the
Swami................... for the time being of the...................... Mission.
(2) The said [one of the original trustees] died on……………..
(3) It is desired to appoint [new trustee] to be a trustee of the said
endowment in place of the said [deceased trustee].
NOW THIS DEED WITNESSETH that in exercise of the power conferred upon
him by the joint operation of the said endowment and the statute in that
behalf and every other power enabling him the appointor hereby appoints
the said [new trustee] to be a trustee of the trusts of the said endowment
in place of the said [deceased trustee] deceased and jointly with the said
[surviving trustee or trustees].
IN WITNESS etc.
[Signatures of all parties]
17
Deed of charitable endowment for establishment of homes
for poor, destitutes and disabled persons
THIS  TRUST DEED is made the…………………….. day of……………..  BE-
TWEEN [founder] of [address, etc.] (hereinafter called the founder) of the
First Part [endowment trustees] of [address, etc.] (hereinafter called the
endowment trustees) of  the Second Part and [trustees of the homes] of
[address, etc.] (hereinafter called the principal trustees) of the Third Part.
WHEREAS:
(1) This deed is supplemental to a deed (hereinafter called the principal
deed) dated…………….. and made between the founder of the one part and
the principal trustees of the other part whereby certain land and dwelling-
houses were vested in the trustees to be held in perpetuity under the name
of the…………….. Homes (hereinafter called the homes) for persons who are
physically disabled or destitutes and are unable to maintain themselves by
their own exertions.
(2)  The founder is desirous of endowing the homes in manner hereinafter
appearing and with that object he has transferred into the names of the
endowment trustees the investments specified in the schedule hereto.
NOW THIS DEED WITNESSETH as follows :
1. The endowment trustees shall retain the said investments specified
in the schedule hereto so long as the principal trustees shall direct and if
and when directed by the principal trustees shall sell the same or any ofthem and invest the proceeds in the names of the endowment trustees in
such investments (being investments permitted by law for the investment
of trust funds) as the principal trustees shall direct and shall also as and
when directed by the principal trustees change any such investments for
others of a like nature  PROVIDED that the endowment trustees and the
principal trustees shall not nor shall any of them be subject to any liability
in the event of any of the said investments specified in the schedule hereto
becoming depreciated in value while the same shall be so retained as
aforesaid.
2. The endowment trustees shall stand possessed of all the investments
aforesaid (hereinafter called the endowment) upon trust to pay the annual
income thereof to or permit the same to be received by the principal trustees
or such person or persons as they shall direct to the intent that such income
shall be applied in perpetuity in manner hereinafter appearing.
3. The principal trustees may apply such part (if any) as they may think
proper of the income of the endowment in completing the homes and
rendering the same fit for habitation.
4. Subject to clause 3 hereof the principal trustees shall out of the income
of the endowment in the first place defray the cost of all ordinary repairs
required for the purpose of maintaining the homes in a habitable condition
and of insuring the same against fire and all other charges and outgoings
payable in respect of the homes and all proper costs charges and expenses
of and incidental to the administration and management of the homes and
of the endowment.
5. The principal trustees shall out of the income of the endowment
remaining after making the payments mentioned in clauses 3 and 4 hereof
create a sinking fund by setting aside out of the said income such yearly
sum as they may think fit until such fund shall amount to the sum of
Rs………… The principal trustees shall invest the yearly sums so set aside
in the names of such of the principal trustees for the time being (not being
less than two in number) as the principal trustees for the time being shall
appoint for that purpose pursuant to clause 10 hereof in any investments
by law permitted to trustees with power to the principal trustees at any time
to vary any such investment for others of a like nature.
6. The capital and income of the said sinking fund shall be applicable
by and at the discretion of the principal trustees to the extraordinary
structural repair of the homes or in altering improving or rebuilding the same
or any of them and also in recouping to the endowment any loss or estimated
loss arising either upon a sale of or by reason of depreciation (provided such
depreciation be likely in the opinion of the principal trustees to be of a
permanent and not merely temporary character) in any of the said
investments specified in the schedule hereto or other the investments from
time to time representing the endowment (all sums so recouped to be dealt
Ch. 56] ENDOWMENT?FORMS 517518 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
with as if the same were proceeds of sale of investments forming part of
the endowment) and if in any year any of the income of the said sinking
fund shall not be required for any of the purposes aforesaid the same may
at the discretion of the principal trustees either be added to the capital of
the said sinking fund and invested accordingly or be allowed to fall into and
be applied as part of the income of the endowment. And the persons or
person in whose names or name any investments at any time forming part
of the said sinking fund shall be vested shall deal with and dispose of such
investments and shall pay or apply the income thereof in all respects as
the principal trustees shall direct.
7. If and so soon as any part of the capital of the said sinking fund shall
have been applied for any of the purposes mentioned in clause 6 hereof
the same shall be made up again to the said sum of Rs............. by setting
aside out of the income of the endowment in manner mentioned in clause
5 hereof the yearly sums therein mentioned (such sums to be invested as
provided in the same clause) until the sinking fund shall again amount to
the said sum of Rs............
8. Subject to the payments aforesaid there shall be paid to each of the
residents out of the income of the endowment the weekly sums following,
that is to say :
(1) If and so long as the income of the endowment shall not be less
than at the date hereof then to each married couple the weekly sum
of Rs............  and to each single resident the weekly sum of
Rs............
(2) If and so long as the income of the endowment shall be less than
at the date hereof then such weekly sums respectively as shall
from time to time be determined by the principal trustees having
regard to the needs and circumstances of the respective residents
and to the amount of income from time to time available.
PROVIDED  that if any resident shall be guilty of insobriety insubordination
dishonesty breach of regulations or immoral or improper conduct the
principal trustees may suspend payment to such resident or (in case he
or she shall be one of two married residents) to him or her and his or her
wife or husband (as the case may be) of the weekly sum aforesaid or any
part thereof during such period as the principal trustees shall think fit.
9. There shall also be paid out of the income of the endowment to the
resident for the time being acting as caretaker and matron under the
provision in that behalf contained in the principal deed (in addition to the
weekly sum payable to her under clause 8 hereof) a salary of such amount
and to be paid as such times as the principal trustees may determine and
the principal trustees may also pay out of the income of the endowment
to the clerk and the treasurer appointed under the principal deed or to either
of them such salaries or salary as the principal trustees may think proper.10. The principal trustees may at any time appoint such one or more of
their number as they may think fit to be an endowment trustee or endowment
trustees (either in place of any endowment trustee who may have died or
may be desirous of retiring or be disqualified or removed under this clause
or in addition to the then existing endowment trustees) and may at any time
appoint such of their number as they may think fit to hold any investments
at any time forming part of the said sinking fund but so that the number of
endowment trustees or of the persons for the time being holding any
investments forming part of the said sinking fund shall not at any time be
less than two.  And the principal trustees may at any time remove any person
from being an endowment trustee or from being a person to hold or join
in holding any investment forming part of the said sinking fund and no
person shall continue to be an endowment trustee or to hold or join in
holding any such investment after he shall have ceased to be a trustee of
the principal deed.
11. Without prejudice to any other power of appointing new trustees
whether contained elsewhere in this deed or conferred by statute or
otherwise any such new trustee as aforesaid may be appointed by
resolution of a meeting of the trustees and whenever a trustee is so
appointed a memorandum of his appointment shall be prepared and signed
and sealed by the person presiding at such meeting and attested by two
other persons present thereat.
12. The expression  ?the endowment trustees? shall include the survivors
or survivor of them or other the trustees or trustee in whom the said
investments specified in the schedule hereto or the investments from time
to time representing the same or any of them may for the time being be
vested.
SCHEDULE
[Investments transferred to endowment trustees]
IN WITNESS etc.
[Signatures of all parties]
18
Deed of endowment for establishment of hospital for
treatment of persons of small means
THIS DEED OF ENDOWMENT is made the…………  day of…………  by
[trustees] of [address, etc.] (hereinafter together called the trustees).
Ch. 56] ENDOWMENT?FORMS 519520 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
WHEREAS :
(1) By a conveyance of even date with but executed before this deed
and made between [founder of endowment] of the one part and the trustees
of the other part the freehold property specified in the schedule hereto
together with the furniture fittings and fixtures therein were conveyed and
transferred to the trustees upon with and subject to the trusts powers and
provisions declared concerning the same in an endowment therein referred
to as of even date therewith and meaning this deed.
(2) Further land and movables and also cash and investments may from
time to time be donated to the trustees upon with and subject to the said
trusts powers and provisions.
NOW THIS DEED WITNESSETH that the trustees hereby agree and declare
that the trustees do and will henceforth stand possessed of the said
property upon with and subject to the trusts powers and provisions
following :
1. The trustees shall use and permit the said freehold property (here-
inafter called the home) to be used as and for a hospital for the benefit of
old and sick persons of small means who have need of the facilities provided
at the home by reason of their age or infirmity (hereinafter called the
beneficiaries) and to be carried on (subject to the provisions hereinafter
contained) in accordance with such rules and regulations as the trustees
shall from time to time in their absolute and uncontrolled discretion think
fit the intention being that the management of the home and the admission
of persons thereto and the numbers and qualification of such persons for
admission and the duration and conditions of their residence there and all
other matters in connection with the successful carrying on of the home
shall be within the exclusive cognizance of the trustees who may (subject
as hereinafter provided) make rescind or vary at any time and from time
to time the regulations, and conditions which are to govern the same without
being responsible to any person in connection therewith.
2. The trustees shall stand possessed of the furniture fittings and fixtures
and any other movable property and any cash and investments from time
to time paid or transferred to them upon with and subject to the trusts powers
and provisions of this deed (hereinafter called the endowment fund) upon
trust to apply the same and the income thereof:
(a) in and for the equipment maintenance repair insurance re-construc-
tion and general upkeep of the home and the payment of all
outgoings in connection therewith and the general expense of
carrying on and managing the same ;
(b) in such other manner as the trustees shall in their absolute
discretion think fit in providing facilities for the beneficiaries at the
home.PROVIDED ALWAYS:
(i) that no part of the endowment fund which constitutes capital
monies shall be applied unless the trustees? accountants shall
certify in writing that the payment in question ought in their opinion
to be regarded as capital, expenditure ;
(ii) that the endowment fund and the income thereof shall be used or
paid or applied exclusively for charitable purposes.
3.  The trustees shall use and permit to be used for the purposes
hereinbefore declared and set out in respect, of the home any land and
premises at any time conveyed assigned demised or transferred to them
which in their opinion shall be suitable for such purposes in like manner
as and with and subject to the powers (including the power of sale) and
provisions herein provided and contained concerning the home and the
endowment fund and the income thereof shall be applicable in respect of
such land and premises and the use thereof as it is applicable in respect
of the home.
4. If for any reason the home or any part of the premises constituting
the home or any other land and property from time to time conveyed
assigned demised or transferred to the trustees should in the opinion of the
trustees become unsuitable for the purposes hereinbefore declared and set
out the trustees may (with the consents as by law required) sell the same
and invest the proceeds of sale in the purchase of any other land or
premises (whether freehold or leasehold) convenient to be used for any of
the purposes aforesaid and in fitting equipping and furnishing the same as
a home for such purposes and such purchased land or premises shall be
held and used upon with and subject to the like trusts powers and provisions
and for the like purposes as the original home (including this present
power).
5. The trustees shall have power exercisable from time to time as the
trustees may in their absolute discretion think fit :
(a) to collect donations (whether periodical or otherwise) ;
(b) to issue appeals for donations and periodical reports on the work
of the trustees ;
(c) to accept donations on any special trusts in connection with the
home so that every donation so accepted shall be held subject to
the terms and conditions of the gift.
6.  The trustees shall take account of the financial means of the
beneficiaries and may require and accept from any beneficiary a contribu-
tion or contributions (whether weekly or otherwise) towards the cost of
maintaining such beneficiary in the home. PROVIDED that no beneficiary
shall be required to pay more than………… per week.
Ch. 56] ENDOWMENT?FORMS 521522 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
7. The trustees of this deed shall not be less than three nor more than
five in number.
8. The power of appointing new trustees hereof shall be vested in the
surviving or continuing trustees for the time being (excluding any retiring
trustee) and if and whenever the number of trustees shall be less than three
then one or more new trustees shall forthwith be appointed to bring the
number of trustees up to three at least.
9. Without prejudice to any other power of appointing new trustees
whether contained elsewhere in this deed or conferred by statute or
otherwise a new trustee may be appointed by resolution of a meeting of
the trustees and whenever a trustee is so appointed a memorandum of his
appointment shall be prepared and signed and sealed by the person
presiding at such meeting and attested by two other persons present
thereat.
10. Every new trustee shall before acting in the trusts of this deed sign
in the minute book for which provision is hereinafter made a declaration of
acceptance and of willingness to act in the trusts hereof.
11. The following regulations shall govern the procedure of the trustees:
(a) The trustees shall hold meetings at least twice in every calendar
year and at such other times and in such places as they shall from
time to time decide and any trustee may at any time convene a
special meeting of the trustees upon at least four day?s notice being
given to the other trustees of the matters to be discussed.
(b) There shall be,
a quorum when two trustees are present at any
meeting.
(c) The trustees shall at each of their meetings appoint one of their
number to be chairman and as such he shall have a second or
casting vote.
(d) Every matter shall be determined by the majority of votes of the
trustees present and voting on the question.
(e) Any resolution of the trustees may be rescinded or varied from time
to time by the trustees.
(f) The trustees shall provide and keep a minute book in which shall
be entered the proceedings of the trustees and which shall be
signed by the chairman at the conclusion of each meeting or at
some future meeting if the minutes shall have been duly confirmed.
(g) The trustees shall provide books of account in which shall be kept
all proper accounts of all money received and paid respectively by
or on behalf of the trustees for the purposes of this deed.
(h) The trustees shall arrange for the accounts to be audited yearly
by a chartered accountant.12. The trustees may from time to time open and maintain in their names
a bank account or bank accounts at such bank or banks as they shall from
time to time decide and may at any time pay any monies forming part of
the endowment fund to the credit of any such account or accounts or place
the same on deposit with any bank or banks and all cheques and orders
for the payment of money shall be signed by at least two of the trustees.
13.  (a) The trustees shall not be bound in any case to act personally
but shall be at full liberty to employ any agent or servant to transact all or
any business of whatever nature required to be done in pursuance of the
trusts hereinbefore declared and contained including the day-to-day
management of the home and the receipt and payment of money and shall
be entitled to be allowed and paid all charges and expenses so incurred
and shall not be responsible for the defaults of any such agent or servant
or any loss occasioned by his employment.
(b) Without in any way limiting the generality of the foregoing the trustees
may appoint and pay a secretary and such secretary shall be entitled to
attend but not to vote at all meetings of the trustees save that he or she
may be required to withdraw from any such meeting during the discussion
of any matter affecting his or her appointment or remuneration.
14. The endowment hereby constituted shall be known and called by the
name of the............ Home.
SCHEDULE
[Description of property]
IN WITNESS etc.
[Signatures of trustees]
19
Deed of endowment donating a bed in a hospital for poor
and disabled persons
THIS DEED is made the…………  day of…………   BETWEEN  [donor] of
[address, etc.] (hereinafter called the donor) of the One Part and [trustees]
of [address, etc.] (hereinafter called the trustees which expression shall
include the trustees or trustee for the time being hereof) of the Other Part.
WHEREAS:
(1) The donor is desirous of establishing an endowment fund for the
endowment of pay-beds in the………… Hospital (hereinafter called the
hospital) and the maintenance of the same for persons who may be unable
to pay such fees as private patients in the hospital are usually required to
pay.
Ch. 56] ENDOWMENT?FORMS 523524 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
(2) The donor has transferred or is about to transfer into the names of
the trustees the stocks funds and securities and investments specified in
the first schedule hereto (hereinafter called the trust funds which expression
shall include any investments and property for the time being representing
the same).
(3)  The donor is desirous of declaring such trusts funds as are
hereinafter contained.
(4) The donor is desirous that the trust hereby created shall be known
as the............ trust (hereinafter called the trust) and shall be governed by
the rules set out in the second schedule hereto and such rules have been
submitted to and approved by the management committee of the hospital.
(5) It is estimated that the income of the trust funds will be sufficient for
the maintenance of............ beds in the hospital but such income may vary
from time to time and may be insufficient to support............ beds in the
hospital.
(6) The management committee of the hospital have agreed to appro-
priate to the trust............ beds in the hospital to be maintained out of the
income of the trust funds so far as the net income thereof shall suffice for
such purpose.
NOW THIS DEED WITNESSETH as follows :
1.  The trustees shall stand possessed of the trust funds specified in the
said first schedule hereto after the same shall have been transferred to them
upon trust that the trustees shall allow the same to remain in the present
state of investment thereof so long as they in their absolute discretion shall
think fit or shall at such discretion sell call in and convert the same or any
part thereof into money and invest the net proceeds of such sale calling
in or conversion in the names of the trustees in or upon any stocks funds
securities or investments for the time being authorised by law for the
investment of trust funds and may at such discretion as aforesaid from time
to time vary such investments into any other or others of a like nature.
2. The trustees shall from time to time pay or apply the income of the
trust funds in paying or discharging all costs charges and expenses of the
trustees of or incidental to the administration of the trusts hereof or the
management of the trust and subject thereto shall pay or apply the net
income of the trust funds in accordance with the rules of the trust set out
in the second schedule hereto or the rules of the trust for the time being
in force.
3. The following provisions shall apply to meetings and proceedings of
the trustees :
(a) The trustees shall hold an ordinary meeting at least once in each
year.  A special meeting may at any time be summoned by any twotrustees upon............ clear days?  notice in writing being given to
all the other trustees of the business to be transacted or discussed
at such meeting.
(b) Two trustees present at a meeting shall form a quorum and the
decision of a majority of the trustees present at a meeting shall bind
the minority.
(c) The trustees may from time to time appoint any one of their member
to be their secretary without remuneration.
(d)  The trustees shall keep a minute book of their proceedings and
proper books of account in relation to the accounts of the trust
funds.
(e) Subject to these provisions and to the rules of the trust the trustees
may from time to time make regulations as to their meetings and
the conduct of their business and otherwise as to the management
of the trust.
FIRST SCHEDULE
[The stocks, funds, securities and investments to be transferred
to the trustees]
SECOND SCHEDULE
Rules of the………………….  Charity
PART I.?DEFINITIONS
1. The Trust shall be called the………… Trust and in these rules is referred
to as the Trust. In these rules :
?The hospital? means the………… Hospital.
?The trustees? means the trustees or trustee for the time being of
a trust deed dated………… and made between [donor] of [address,
etc.] of the one part and [trustees] of [addresses, etc.] of the other
part.
?The council? means the council of management for the time being
constituted by the rules.
?The hospital committee? means the management committee of
the hospital for the time being.
?The endowed beds? means the beds or bed subject to these rules
as defined by rule 2.
?The Trust funds? means the investments and property for the time
being subject to the trusts of the said trust deed.
2. The beds or bed subject to these rules shall be the beds or bed for
the time being appropriated by the hospital committee with the concurrence
of the trustees to be maintained (wholly or partly) out of the income of the
trust.
Ch. 56] ENDOWMENT?FORMS 525526 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
PART II.?THE COUNCIL OF MANAGEMENT
3. Subject to the provisions of these rules the endowed beds shall be
for persons male or female who are in the opinion of the council unable to
pay any fees or such fees as private patients in the hospital are usually
required to pay.
PART III.?THE COUNCIL OF MANAGEMENT
4. The power of nominating or recommending persons for reception in
the endowed beds shall be vested in a council of management which shall
consists of............ members namely the trustees or if there are more
than............ trustees then such............ of them as shall be from time to time
appointed by the trustees and to be from time to time nominated by the
trustees and............members to be from time to time appointed by the............
Council. Every appointment by the trustees shall be for the period of one
year. Every appointment by the said Council shall be for a period
of............years and shall be made at a meeting convened and held in the
usual manner and shall be notified in writing to the trustees or their
secretary. The persons so appointed need not necessarily be members of
the said Council.
5. Any member of the council who is absent from all meetings of the
council during a period-
of one year or who becomes insolvent or is
incapacitated from acting or who by written notification to the trustees
resigns his office shall thereupon cease to be a member of the council.
6.  The council may from time to time make such rules as to their meetings
(including the time and place of the same and notice thereof) and as to their
proceedings as they shall think fit. Unless otherwise determined............
members of the council shall be a quorum for a meeting.
7. The majority of the council present at any meeting of the council at
which a quorum is present may exercise all powers and do all acts and
things which the council is authorised by the rules to exercise or do.  The
council may act notwithstanding any vacancy or vacancies in their number.
8. The council may either themselves nominate persons for reception
in the endowed beds or they may from time to time delegate in whole or
in part the right of nominating to or of signing nomination forms on behalf
of the council to any member or members of the council or so that the
members of the council exercise the right of nomination in rotation or
otherwise as the council may from time to time think fit.
9.  The council shall from time to time communicate to the hospital
committee the names of the members of the council to whom the right of
nominating is for the time being delegated or who are authorised to sign
nomination forms for the council.
10. Subject to the provisions of these rules all nomination forms shall
be signed by at least two members of the council.
11. The council shall cause minutes of its proceedings to be entered in
a book provided for the purpose.PART IV.?USE OF THE ENDOWED BEDS
12. The endowed beds are primarily for the use of patients nominated
under these rules and subject to the provisions thereof shall be reserved
for that purpose.
13. If and so far as the endowed beds are not required for the reception
of persons having the qualification contained in rule 3 the council or the
members for the time being having the right of nomination may subject to
any rules of the hospital nominate any other persons.
14. The council or the members for the time being having the right of
nomination may in any case act on such evidence as to inability to pay fees
as they may think fit.
15. In so far as the endowed beds are vacant and are not required for
persons nominated under these rules they may be used for the general
purposes of the hospital [provided that the beds in the hospital other than
the endowed beds are at the time fully occupied].
16. All patients nominated under these rules and using the endowed
beds shall be subject to the general rules of the hospital.
PART V.?FINANCIAL
17. The net income of the trust shall from time to time be paid by the
trustees to the hospital committee subject to the condition that the same
shall be applied by the hospital committee in the maintenance of…………
or more beds in the hospital to be called the…………Beds and to be reserved
(subject as herein provided) for persons nominated under these rules.
18. If at any time the council are of opinion that the hospital committee
have unreasonably or vexatiously either refused the use of any of the
endowed beds to a person nominated by the council or discharged such
a person from such use the council shall make a report to the trustees
accordingly.  In such a case the trustees may suspend either wholly or in
part their payments to the hospital committee and shall immediately apply
to the court of appropriate jurisdiction for a scheme or directions as to the
amounts so withheld and as to the disposal of future income.
PART VI.?ALTERATION OF RULES
19. The trustees may from time to time with the consent of the hospital
committee revoke add to amend or alter these rules or any of them or any
rules for the time being existing and make such new rules as they may think
fit provided that any rules so made shall provide for the application of the
net income of the trusts for or towards the maintenance of the endowed
beds.
IN WITNESS etc.
[Signatures and seals of the donor and
preferably also of all the trustees]
Ch. 56] ENDOWMENT?FORMS 527528 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
20
Deed establishing Endowment Fund to provide donations to
various charitable organisations over several years
THIS DEED  is made the............ day of............  BETWEEN [settlor] of
[address, etc]. (hereinafter called the settlor) of the One Part and [trustee]
having its registered office at………… [or [trustee] of [address, etc.] and
[trustee] of [address, etc.] (hereinafter called the trustee[s]) of the Other
Part.
WHEREAS the settlor is desirous of establishing an Endowment Fund for
charitable purposes only and to that end has paid to the trustee[s] the sum
of Rs………… [or transferred to the trustee[s] the investment[s] specified in
the schedule hereto]
NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED
as follows :
1. The trustee[s] shall stand possessed of the said sum of Rs
……… upon trust to invest the same in or upon any investments hereinafter
authorised with power from time to time at its [their] discretion to change
such investments for others of a like nature [or the investment[s] specified
in the schedule hereto upon trust either to retain or sell the same and invest
the proceeds in or upon any investments hereinafter authorised with power
from time to time to change such investments for others or a like nature.]
2. The trustee[s] shall stand possessed of such investments and the
investments for the time being representing the same (hereinafter called
the endowment fund) and the income thereof upon the trusts and subject
to the powers and provisions following that is to say:
(1) During the life of the settlor upon trust to pay or apply the income
of the endowment fund and also so much of the capital of the endowment
fund as the settlor may from time to time by notice in writing to the trustee[s]
determine to such charitable organisation for such charitable purposes and
in such proportions and in such manner and subject to such such terms
and conditions as the settlor may from time to time by a like notice direct
and subject to and in default of any such direction and in so far as such
direction may not extend as the trustee[s] may at its [their] uncontrolled
discretion determine.
(2) After the death of the settlor upon trust to pay or apply the capital
and-
income of the endowment fund to such charitable organisation or for
such charitable purposes and in such proportions in such manner and
subject to such terms and conditions as the trustee[s] may at its [their]
uncontrolled discretion determine having regard to any directions given or
wishes expressed by the settlor to the trustee[s].3. Trust monies requiring investment under the trusts hereof may subject
only to the consent of the settlor during his life be invested in the purchase
of or at interest upon the security of such stocks funds shares securities
or other investments of whatsoever nature as the trustee[s] shall at its [their]
absolute discretion think fit to the intent that the trustee[s] shall have the
same full and unrestricted powers of investing and transposing investments
in all respects as if it [they] were absolutely entitled to the endowment fund
beneficially.
4. The power of appointing new or additional trustees hereof shall be
vested in the settlor during his life.
5.  The trustee shall be entitled to charge and be paid by way of
remuneration an annual fee of an amount equivalent to………… per cent of
the total sum (whether capital or income) distributed by it for charitable
purposes under this deed in the preceding year.
SCHEDULE
[Particulars of investments]
IN WITNESS etc.
[Signatures of settlor and trustee or, in the case
of a corporate trustee the common seal]
21
Deed of Endowment of freehold land for the purpose
of holiday homes of the disciples and followers of
a charitable institution
THIS DEED is made the………… day of…………  BETWEEN  [grantor] of
[address, etc.] (hereinafter called the grantor) of the One Part and [trustees]
of [addresses, etc.] (hereinafter called the trustees which expression shall
include the survivors or survivor of them or other the trustees for the time
being hereof) of the Other Part.
WHEREAS:
(1) The grantor is desirous of founding a charitable endowment for the
purpose of which shall be the provision of homes of rest or holiday homes
for the benefit of disciples and the followers of the………… Sangha and their
families whose circumstances are such that they cannot afford a holiday
without financial or other help.
(2) The grantor is seized and possessed of free from encumbrances the
freehold property specified in the schedule hereto and is desirous of giving
and assuring the same to the trustees in manner and upon the trusts
hereinafter expressed and referred to.
Ch. 56] ENDOWMENT?FORMS 529
G : CDD (Vol. 7) ? 34530 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
NOW THIS DEED WITNESSETH as follows:
1. For effectuating his said desire the grantor hereby gives grants and
conveys unto the trustees all that the property specified in the said schedule
hereto TO HOLD the same unto the trustees upon with and subject to the
trusts powers and provisions declared and contained concerning the same
in a declaration of trust already engrossed and intended to bear an even
date with but to be executed immediately after this deed and to be made
by the trustees.
2. It is hereby declared that the endowment hereby created are for
charitable purposes.
IN WITNESS etc.
[Signatures of grantor and trustees]
22
Deed of Endowment of Roman Catholic chapel, presbytery
and schools, and of an endowment fund for providing a
stipend for the priest, and of furniture and other
articles for use in connection therewith
THIS INDENTURE is made the………… day of………… BETWEEN [grantor]
of [address, etc] (hereinafter called the grantor) of the First Part…………
bishop of the Roman Catholic Diocese of………… (hereinafter called the
bishop which expression shall also include every other person for the time
being exercising episcopal jurisdiction in the Roman Catholic Church over
Roman Catholics residing in the locality of the property hereinafter
conveyed or if there shall be no such person then the person who in
accordance with the usages of the Roman Catholic Church shall for the time
being exercise ecclesiastical jurisdiction over Roman Catholics in the
country of………… as vicar capitular) of the Second Part and [trustees] of
[addresses, etc.] (hereinafter called the trustees) of the Third Part.
WHEREAS:
(1) The grantor is seized and possessed of the lands chapel and other
buildings and property described in the first and second parts of the
schedule hereto and he is desirous of settling the same for the purposes
of a Roman Catholic chapel presbytery schools and otherwise in manner
hereinafter appearing.
(2) The grantor has paid to the trustees the sum of Rs………… and he
is desirous of settling the same for the purpose of providing a stipend for
the priest for the time being officiating at the said chapel and otherwise of
hereinbefore appears.(3) The grantor is also possessed of the organ plate vestments and other
articles and things hereinafter assigned and he is also desirous of settling
all such articles and things in manner hereinafter appearing.
NOW THIS DEED WITNESSETH and it is hereby agreed and declared as
follows (that is to say) :
1. The grantor as settlor hereby conveys unto the trustees all those the
lands chapel and other buildings and property described in the first and
second parts of the schedule hereto TO HOLD the same unto the trustees
upon trust that they or other the trustees for the time being of this deed (all
of whom are hereinafter included in the expression the trustees) shall hold
the same upon the trusts hereinafter declared concerning the same.
2. The trustees shall (subject to the provisions herein contained) permit
the said premises hereinbefore conveyed to be for ever used as to the said
land and chapel described in the first part of the said schedule as a chapel
for the celebration of Divine Worship according to the rites and services of
the Roman Catholic Church for the benefit and use of Roman Catholics
residing or being in the neighbourhood of the said property and as to the
said land and buildings described in the second part of the said schedule
as a presbytery in connection with the said chapel or as a house with garden
and grounds attached thereto or as the bishop shall from time to time direct
for the residence of the Roman Catholic priest for the time being attached
to the said chapel or as a school or schools in connection with the Roman
Catholic Church for the religious and secular education in conformity with
the doctrines and disciplines of such church of children of either sex
professing the Roman Catholic faith and for the residence of all or any of
the teachers in such school or schools and for any other accommodation
incidental to Roman Catholic schools or for all or any of such purposes as
the bishop shall from time to time direct.
3. The bishop may personally or by any person or persons acting under
his authority examine into regulate and control the ministrations and
services at the said chapel and may superintend direct and control the said
school or schools and the course of instruction and mode of tuition and
general discipline thereof and regulate (subject to the provisions of clause
6 hereof) the salaries to be paid or allowed to the resident priest and the
teacher or teachers for the time being and appoint and at pleasure remove
any such priest or teacher.
4. The bishop may from time to time receive and apply or appoint any
person or persons to receive and apply for any purpose connected with the
support or benefit of the said chapel or of the said school or schools or
otherwise in accordance with this deed all rents and profits of every kind
which shall in any manner arise from the use of the said chapel school or
schools and premises or any part thereof including such payments (if any)
as may be received from any of the scholars attending the said school or
Ch. 56] ENDOWMENT?FORMS 531532 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
schools or otherwise and may thereout or out of any other funds which the
bishop may from time to time think fit so to expend alter add to repair insure
against fire or rebuild the said chapel school or schools and other buildings
or any of them from time to time standing on the said lands in such manner
as he shall think fit and may make any other application of the said monies
which in his opinion the state of the trust property or the requirements of
the said chapel and school or schools or any of them may from time to time
render expedient.
5. The trustees may permit such part or parts (if any) of the said property
as to the bishop shall seem meet to be used at all times hereafter or so
long as the bishop shall think fit under the direction and to the satisfaction
of the bishop so far as may be permitted by law as a burial place for the
interment of any priest officiating at the said chapel and dying during his
ministry but not for the interment of any other person or persons whomso-
ever.
6. The trustees shall stand possessed of the said sum of Rs........... upon
trust with the consent in writing of the bishop to invest the same in the names
of the trustees in any investments in which trust money may by law be
invested and may from time to time with such consent as aforesaid vary
any of such investments for others of a like nature and shall (subject to the
provision hereinafter contained as to insurance against fire) pay the income
thereof to the priest or if more than one to the senior priest for the time being
officiating at the said chapel as a stipend for his services.
7. The grantor as settlor hereby assigns unto the trustees the organ with
its appendages standing and being in the said chapel and all the benches
and all the chalices monstrances church plate candlesticks,
ornaments of
and for the altar or sanctuary in the said chapel and all paintings statues
vestments albs surplices furniture articles and effects of every kind being
in the said chapel or the sacristy attached thereto TO HOLD the same unto
the trustees upon trust that the trustees shall permit the same to be used
by the priest or priests for the time being officiating in the said chapel.
8. The trustees may if they shall in their discretion think proper from time
to time out of the income of the said sum of Rs............ and the investments
for the time being representing the same insure all or any of the said
premises or property hereinbefore conveyed or assigned against gloss or
damage by fire to such amount as they shall think fit and all monies to be
derived from any such insurance shall be applied in the repair of or in
replacing the premise or property destroyed or injured.
9.  The bishop shall have power (subject to the proviso hereinafter
contained) to appoint new trustees of this deed PROVIDED ALWAYS that any
person who shall not profess the Roman Catholic religion or who being in
holy orders shall be suspended by the bishop or shall not hold or shall cease
to hold full faculties from the bishop shall be absolutely disqualified frombeing appointed a trustee and if actually appointed shall upon the
disqualification occurring cease to be a trustee of this deed and the
certificate in writing of the bishop of any person having become disqualified
as aforesaid shall be conclusive evidence to that effect and an absolute bar
to any further inquiry as to the fact by any court tribunal or person
whomsoever.
SCHEDULE
PART I
[Description of land with chapel erected thereon]
PART II
[Description of land with house and buildings erected thereon]
IN WITNESS etc.
[Signatures and seals of all parties]
23
Deed of appointment of new trustee by sole surviving
trustee upon death of the remaining trustees, in
terms of the original deed of endowment
THIS DEED OF APPOINTMENT OF NEW TRUSTEE made this day of…………
BETWEEN A.B.  etc………… hereinafter referred to as ?the Present Trustee?
(which expression shall unless excluded by or repugnant to the subject or
context mean and include his sucessors or successors-in-office and
assigns) of the ONE PART AND (1) C.D. etc………… (2) E.F . etc………… (3) G.H.
etc………… (4) I.J. etc. hereinafter collectively referred to as  ?The New
Trustees? (which expression shall unless excluded by or repugnant to the
subject or context mean and include them as well as their respective
successor or successors-in-office of the OTHER PART.
WHEREAS:
1. By a Deed of Endowment dated the………… executed by X.Y., disciple
of Swami………… deceased, the said X.Y. since deceased dedicated…………
bighas of land together with the trees, buildings, structures tanks etc. as
mentioned therein to Y.Z. together with the other rights and interests that
he had and appointed himself together with the said A.B., M.N., M.P .  and
P.Q. as Trustees for the management thereof and with and subject to the
powers and provisions by and in the said Endowment declared and
contained.
[Acquisition of further lands and construction, dharamasala, temple and
school to be recited.]
Ch. 56] ENDOWMENT?FORMS 533534 CONVEYANCING, DRAFTING & DEEDS [Ch. 56
2. The said M.N., M.P . and P .Q. have died from time to time leaving the
present Trustee as the sole surviving trustee of the said Trust.
3.  The present trustee has decided to co-opt the New  Trustees as
Trustees of the said Trust.
4. The  Sanatan Dharmi, resident of………………. also approve of the
appointment of the New Trustees as Trustees of the said Trust.
5. The New Trustee have agreed to become trustees of the said Trust.
NOW THIS DEED WITNESSETH that in exercise of the powers vested in him
by the said Deed of Endowment dated………… and of every other power
enabling the said present Trustee to appoint the new Trustees as Trustees
of the said Trust the Present Trustee doth hereby appoint the New Trustees
to be Trustees of the said Trust with effect from the date of execution of these
presents which the said New Trustees do and each of them doth hereby
accept and that the Present and the New Trustees shall hold the Trust
Properties and the investments thereof for the time being representing the
same TOGETHER WITH all additions and accretions thereto and all accumu-
lated income thereof and all other properties that have been acquired or
will be acquired for the purpose of the trust or are subject to the Trust
(hereinafter referred to  ?the said Trust Properties?) upon trust for the objects
and purposes mentioned in the said Endowment with the powers and on
the terms and conditions declared under the said Deed of Endowment and
concerning the same.
IN WITNESS  WHEREOF the parties hereto set and subscribed their
respective hands, the day month and year first above.
SIGNED & DELIVERED etc. by the Set-
tlor at………… in the presence of:
1. ……………………………………………..
2. ……………………………………………..
SIGNED & DELIVERED etc. by the Set-
tlor at………… in the presence of:
1. ……………………………………………..
2. ……………………………………………..