Trust for building Hospital to be managed
by District Board
THIS DEED OR TRUST is made on the . . . . . . . day of . . . . . . , 20. . . . . . . . BETWEEN A.B. etc. (hereinafter called ‘‘the Founder’’) of the one part AND the District Board of . . . . . . . (hereinafter called ‘‘the Board’’) of the other part.
WHEREAS the Founder had always had a keen and earnest desire to serve the people of the locality round about the village of . . . . . . . within an approximate radius of twenty kilometres;
AND WHEREAS the best method of service in the opinion of the founder is the rendering of better medical aid which, at present, is practically denied to the aforesaid locality;
AND WHEREAS this can best be done by the opening of a well-equipped hospital on modern lines;
AND WHEREAS on the Founder providing a building for the said hospital and making a gift of the properties hereinafter specified and valued at Rs. . . . . . . . for the purposes of the hospital the Board has agreed to make a contribution for the recurring expenses of the hospital and the Government of . . . . . . .(hereinafter called ‘‘the Government’’) has also promised to make a non-recurring grant for equipment of the hospital and also to make a recurring grant for the upkeep and maintenance of the same.
NOW THIS DEED WITNESSES as follows:
1. The Founder hereby transfers to the Board ALL those properties detailed in the Schedule hereto TO HOLD the same to the Board upon trust that the proceeds and income of the said properties after deducting bad debts, expenses of realization and litigation etc. (if any) shall be used exclusively for the maintenance and upkeep of the hospital hereinafter mentioned.
2. The Founder hereby undertakes to construct suitable buildings for the said hospital at village . . . . . . . according to a plan sanctioned and approved by the Inspector-General of Civil Hospitals, . . . . . . ., on or about the . . . . . . . at a cost of not less than Rs. . . . . . . . and on its completion to transfer the same to the Board upon trust that the same shall be used for the purposes of the said hospital.
3. The Board hereby agrees that on the said building being completed and transferred to the Board as hereinbefore agreed, the Board shall open a hospital in the said building to be called . . . . . . . dispensary and that the name of the said hospital shall never be changed notwithstanding any change in its management or constitution.
4. The Board hereby agrees that it will manage the said properties properly and with due diligence through its agents and will spend the entire net proceeds accruing therefrom on the upkeep of the said hospital. The Board further agrees to keep the buildings of the said hospital at all times in proper repair and will also meet all recurring or non-recurring charges that may be necessary for this purpose.
5. It is further declared that in case the Government think that it would be to the interest and benefit of the said hospital the Board may, with the previous approval of the Government, dispose of the properties hereby transferred in any manner advised by the Government, and in such contingency the total sale proceeds shall be deposited in a bank approved by the Government or invested in some secure and profitable manner approved by the Government.
6. If at any time the Government is of opinion that the said hospital is not being managed efficiently and properly and in consequence withdraws its grant the Government will have the full authority to take charge of all the properties hereby conveyed or of the money into which the same may have been converted under the preceding clause and either to run the dispensary itself or to have it run by any other body constituted by the order of the Government.
7. That for the better and more efficient management of the dispensary for all time to come it is also declared that there shall be a Board of Visitors consisting of the District Magistrate of . . . . . as the President and C.D., E.F., and G.H. and the Founder as members. After the death of the Founder one of the descendants of the Founder nominated by the District Magistrate for the time being of . . . . . . .district will take the place of the deceased and similarly after the death of any such descendants one of his descendants, and after the latter’s death one of his descendants and so on, nominated as aforesaid, shall take the place of the deceased as a member of the Board of Visitors, and in case of the non-existence of any such descendant, or on the occurrence of vacancy in the office of any other member, the remaining members shall appoint any suitable person to fill up the vacancy.
8. The main function of the Board of Visitors shall be to inspect the hospital to see that the Board is properly and efficiently managing the hospital and spending on it the amount contributed for the purpose and to give such advice and direction to the Board for the efficient, proper and economical administration of the hospital as it thinks proper and the Board shall accept such advice and obey such directions as far as possible and as far as the funds will permit.
9. That it would be within the competence of the Board to appoint, remove and dismiss medical and other staff for the said hospital.
IN WITNESS WHEREOF the parties have signed this deed on the . . . . . . . day of . . . . . . .
Signed by . . . . . . .
in the presence of . . . . . . .
and of . . . . . . .