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