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MODEL TEMPLE PROPERTY TRUST DEED

DEED OF TRUST OF TEMPLE PROPERTY
(RELIGIOUS TRUST)


THIS DEED OF TRUST is executed at ............ this ........ day of .......... between
Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of .................................................................. hereinafter referred to as 'the Settlor' of the one part
And
(1) Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
{2J Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
(3) Mr................................ s/o ......................................... aged ......... years, ....................... caste by birth, .............................. nationality by birth, resident of ..................................................................
Hereinafter collectively referred to as 'the Trustees' of the other part.


Whereas:-
(1) The Settlor owns a piece of land situate at ................, having khatha number ............. and it is self acquired property of settlor and more particularly described in the Schedule hereunder written.

(2) The Settlor has constructed a building on the said land, in the nature of a temple and has installed therein the image or idol of the Deity of .......... after performing due ceremonies according to Hindu shastras.

(3) The Settlor desires to dedicate the said temple to the public and, therefore, proposes to transfer the said temple property to the Trustees including the Settlor for being held on the following Trust and which the Trustees have agreed to do.

(4) The Settlor has also set apart a sum of Rs. ........... as the initial Trust Fund to enable the Trustees to manage the said temple as hereinafter provided and the sum is handed over to the Trustees by crediting the same in an account opened in the name of the Trustees with the Bank of ........ at ....................


NOW THIS DEED WITNESSETH that pursuant to the premises the Settlor doth hereby grant and transfer, all that piece of land together with the building standing thereon situated ... and more particularly described in the First Schedule hereunder written and together with all the liberties, privileges, easements, and other appurtenances belonging to the said land and building AND TOGETHER with all rights title and interest of the Settlor into and upon the said piece of land and building and other the premises hereby granted and transferred TO HAVE AND TO HOLD the same unto the Trustees but upon the use and Trusts and subject to the powers, provisions, directions, terms and conditions hereinafter mentioned and subject to the payment of all taxes dues and duties payable to the Government or Municipal Corporation or any other local authority.



AND IT IS HEREBY DECLARED AS FOLLOWS:

1. This Trust will be known as ........... Temple Trust.

2. The Trustee shall invest the said amount of Rs. ........ and all other moneys forming part of the Trust Fund as hereinafter defined in Trust securities prescribed by law including fixed deposits with any nationalised public Banks or in bonds and other securities offered by public or Government Corporations or companies but not in shares of and fixed deposits with any commercial company or Corporation in the private sector. The Trustees will be entitled to change the investments from time to time as required but shall not trade in such investments for profit.

3. The expression "Trust Fund" appearing herein will mean the said sum of Rs. ........... and will include or will be deemed to include all moneys received as donations or gifts or by sale or other disposal of any Trust property, moveable or immoveable including moneys offered before the said deity from time to time and at all times and all moneys received or recovered by way of income or profits or gains from the Trust Fund or property or in any other form or by any other way whatsoever.

4. The expression "Trust Property" appearing in this deed will mean the said temple property described in the Schedule hereunder written and hereby granted and all other moveable and immoveable properties or other intangible rights received by the Trustees by way of donations, gifts or purchase or other mode of acquisition and all articles and things offered to or before the deity or otherwise received or recovered by any other mode or in any other way whatsoever.

5. The Trustees shall, out of the gross income from the Trust Property and Trust Fund pay all the liabilities by way of taxes and other levies payable to the Government or Municipality or any other local authority and all other outgoings for repairs and managing of the Trust property including the salaries or wages payable to the servants and other employees employed by the Trustees for the management of the Trust property and otherwise authorized by this deed or in law.

6. Any moneys received by the Trustees on any account shall be first credited to the account or accounts opened by the Trustees in one or more Bank or Banks and no moneys so received shall be spent or utilised directly in making any expenses except expenses not exceeding a sum of Rs. ........... at a time. All expenses to be incurred will be made by drawing moneys by cheque from one or the other Bank account.

7. The Trustee shall keep one or more boxes properly locked and sealed and permanently fixed or fastened to any permanent fittings in the temple for collecting or receiving the moneys offered by the devotees visiting the temple and such box or boxes will be opened by them at the end of each week or earlier if necessary in the presence of the two Trustees or any one Trustee and any employee of the Trust and moneys will be collected and shall be directly deposited in the Bank account. A separate book will be maintained for the purpose and entries of such moneys will be made in the book against each date or time the box is opened. The Managing Trustee or any Manager if appointed will retain the keys of such boxes.

8. All the offerings before the deity by way of moveable articles will be collected every day and will be collected and kept at a safe place and will be sold by auction and at such reasonable intervals as the Trustees may think fit except such articles as are perishable by their nature and which will be distributed among such needy people as the Trustees may think fit.

9. The Trust temple will be kept open to the public for such period or periods every day as the Trustees may decide from time to time, but otherwise it will be open to all persons irrespective of any caste or creed. There shall be equality among all. No rich and poor discrimination shall be made. No preference shall be given to individuals for darshanas based on their power and richness, first come first darshan principle should be adopted.

10. The actual temple premises shall be used and allowed to be used only for worship and any programme or function related to such worship, religious preachings and not for any other purpose. No political functions shall be allowed. No election campaigns shall be allowed. No politically motivated offerings shall be allowed.

11. All expenses of and incidental to the daily pooja and occasional poojas and of all other functions or religious ceremonies held in the Temple will be borne and paid out of the income of the Trust Fund. The Trustees shall celebrate the birthday of the deity every year and hold such other religious functions including kirtans and pravachanas as they may think fit.

12. The Trustees shall not accept any money or other donations for performing casually or otherwise religious ceremony or duty from the members of the public though the Trustees may allow the Pujari to do so on his own responsibility.

13. The Trustees shall be entitled to employ other servants for maintenance and upkeep of the temple including a Manager, Accountant, Clerk or Watchman and pay the wages and other emoluments as may be fixed by the Trustees from time to time which will be paid out of the income of the Trust Fund.

14. The Trustees shall have power also to engage the services of Architects, Chartered Accountants, Lawyers and other professionals for advice or attending to any work in connection with the Trust from time to time and to pay their fees and other charges out of the income of the Trust property and fund.

15. The Trustees shall be entitled to carry out repairs and or renovations or additions to the temple building from time to time, and meet the expenses thereof out of the corpus of the Trust Funds but the Trustees, shall have no power to sell the said temple property described in the Schedule hereunder written or any part thereof or mortgage the same or to create any charge thereon. The Trustees, however, will have the power to purchase or otherwise acquire any immoveable property including any flat or other premises in a Co-operative Housing Society or an apartment ownership if it is in the interest of the Trust, but not otherwise, and also power to sell or give on lease or tenancy any such property purchased or otherwise acquired if it is in the interest of the Trust to do so.

16. If after meeting all expenses of and relating to the maintenance and upkeep of the said Temple property and the holding of Pujas or other functions in the temple and payment of all other liabilities any income still remains at any time or from time to time the Trustees will have power to spend the same on any of the following charitable objects viz
(1) In giving donations to any educational or medical or other charitable institution;
(2) In meeting the costs or expenses of medical treatment required to be given to any deserving poor patient who cannot afford to meet the same otherwise;
(3) In helping any persons, directly or indirectly, who are affected by calamity such as earthquake, fire, floods or other accidents.
(4) In establishing age old homes, destitute homes, anathashramas (orphanages), beggars rehabilitation centers, hygienic public use toilets, drug addictors rehabilitation centers, centers for treating mentally retarded, family counseling centers, etc.,
(5) Organizing pravachanas(teachings) for promoting national integrity and communal harmony.


17. The Trustees shall from time to time open in their own names or in the name of the Trust one or more accounts or account, current or saving/ with any one or more Banks as they may think fit and any two of the Trustees (and during the lifetime of the Settlor as Trustee, he will be one of them) shall be entitled to operate the same by drawing, accepting endorsing and otherwise negotiating cheques, or other negotiable instruments, withdrawing moneys therefrom, from time to time and otherwise operating the same.

18. For the purpose of increasing the income of the Trust, the Trustees shall be entitled to construct any hall or other premises or accommodation for holding temple functions or for letting out the same for functions by others on such terms and conditions as the Trustees may think fit but in such case the Trustees shall keep the premises of the temple free from any disturbance or encroachments or use in connection with such function and shall not cause any interference with or annoyance to the worshipers visiting the temple.

19. The Trustees shall keep the said temple property as well as all other immoveable property and valuable moveable property insured for a reasonable amount or amounts against fire, theft and other accidents as they think fit and shall keep the insurance alive all the time.

20. The Trustees will have power to accept any donation of any property moveable or immoveable or of moneys or securities provided such donation is not onerous or against the interest of the Trust and the conditions, if any, imposed are not inconsistent with the provisions of this Deed or contrary to the main object of this Trust.

21. During the time the settlor is a Trustee of this Trust, he will act as Managing Trustee of the Trust, and after he ceases to be a Trustee, the Trustee shall appoint a Managing Trustee from among them. In the absence of any agreement between the Trustees as to who should be the Managing Trustee, the senior most in age among them would act as the Managing Trustee.

22. Any of the powers and authorities by this Trust given to or vested in the Trustees may at any time, when there is more than one Trustee, be exercised by a majority of the Trustees and without the concurrence, or with merely a formal concurrence of any Trustee who by reason of illness, infirmity or otherwise may be unable, without inconvenience, to take an active part therein and such Trustee may in order to facilitate business, by power of attorney or otherwise, empower any of the other Trustees to use his or her name for execution or signature of documents or for any of the purposes of this Trust without being responsible for loss and all the acts and proceedings of the majority of the Trustees shall in such case be valid and effectual as if they had all concurred therein. All acts, proceedings and exercise of discretion of the majority of the Trustees shall be absolutely binding on the remainder of the Trustees.

23. The Trustees shall have full power to file and defend suits, appeals, applications etc., and for any one of them to declare, sign and verify all plaints, written statements, rnemos of appeals, cross-objections, applications, affidavits, vakalaths, SPA’s, etc., and to accept writ of summons, notices etc., and to appear in any Court of law or Tribunal or before any Government Officer in connection with such legal matter or any other matter concerned with the Trust and other proceedings and all differences disputes and demand and to refer any such difference, dispute or demands to arbitration and adjust, approve and settle all accounts relating to the Trust Fund and to execute all releases and discharges and to do all other things relating thereto.

24. The receipt of the Trustees or any of them for the purchase money of any property hereby directed or authorized to be sold or for any other moneys paid and for any securities transferred to them by virtue of these presents or in the execution of any of the Trusts or powers hereof shall effectually discharge the person or persons paying or transferring the same there from or from being bound to see at the application or being answerable for the loss or misapplication thereof.

25. The Trustees shall be responsible for their own individual acts and defaults only and not for the acts or defaults of the other or others nor for the acts or defaults of any banker, broker, auctioneer or other persons into whose hands any Trust property consisting of securities or money or the income thereof shall in the ordinary course of business come or for the depreciation of any property or securities nor for any mistake or error of judgment committed by them in regard to the choice of the recipients of the benefit of Trust premises of the objects thereof in any particular case or cases or otherwise howsoever except for their willful acts and default only.

26. The Trustees shall pay themselves and defray and satisfy out of the Trust Funds for the time being all expenses which they may reasonably have to incur in and about the execution of the Trusts and powers herein contained and the administration of the Trust premises hereby effectuated, including the premium for the insurance of the buildings for the time being subject to the Trust hereof but the Trustees shall not be personally responsible for any loss arising in consequence of any accidental omission to insure any building against risk from fire or other risk.

27. The Trustees shall cause proper accounts to be kept of the Trust premises and all additions thereto and the income thereof respectively and the accumulations of such income and the application thereof from time to time and shall on checking the same sign the account books twice in each year. The account books so signed by the Trustees shall be examined audited and certified by one or more properly qualified chartered accountants once in each year and the audited statements of account shall likewise be signed by all the Trustees.

28. The Trustees may at some convenient place in .......... and at convenient intervals hold meetings from time to time as occasion shall require, for the transaction of the business of the Trust.

29. Any one Trustee may convene a meeting of the Trustees for the transaction of any particular business and any business may be disposed of by a circular instead of at a meeting unless majority of the Trustees think otherwise.

30. At least two clear days' notice shall be given to the Trustees as to the place, hour and day of the meeting and of the nature of the business to be transacted thereat.

31. The original minutes of the proceedings of every such meeting shall be deposited at the office of the Trustees who shall provide for the safe custody thereof.

32. If and so often as any of the Trustees hereby appointed or any future Trustees or Trustee of these presents shall die or go to reside out of India or refuses or becomes unfit or incapable to act in the Trusts of these presents or shall be adjudged insolvent or if the settlor or the Trustees for the time being shall be desirous of appointing additional Trustee or Trustees hereof with them, it shall be lawful for the settlor during his life and after his death for the surviving or continuing Trustees or Trustee for the time being of these presents or if there shall be no surviving or continuing Trustee then for the retiring or refusing Trustees or Trustee or the heirs, executors or administrators of the last acting Trustee to appoint any other person or persons to be a Trustees or Trustee in the place of the Trustee or Trustees so dying or going to reside abroad or desiring to retire or refusing or becoming unfit or incapable to act as aforesaid or to appoint an additional Trustee or Trustees as aforesaid with liberty upon such appointment to increase or diminish the original number of Trustees which shall never be less than three or more than five and upon every appointment made under this clause the Trust premises hereby settled and the investment for the time being thereof shall be so transferred as to become vested in the new Trustees or Trustee jointly with the continuing Trustees or Trustee or solely as the case may require and every Trustee so appointed as aforesaid may as well before as after such transfer act as fully and effectually as if he had been hereby constituted a Trustee, provided that, every such Trustee hereafter appointed shall be a devotee of the said deity.

33. In all cases of difference of opinion amongst the Trustees as to whether a particular act should be done or omitted to be done in the execution of the Trusts hereof or as to the powers and authorities herein contained or as to the true intent and meaning of any of the clauses or Trusts hereof the same shall be disposed of and dealt with in accordance with the opinion of the majority which shall be final and conclusive. In case of an equality of votes and Managing Trustee shall put a second or casting vote.


IN WITNESS WHEREOF the Settlor and the Trustees have set their respective hands the day and year first hereinabove written.

THE SCHEDULE ABOVE REFERRED TO:
Signed and delivered by the within named Settlor in the presence of.......... ".
Signed and delivered by the within named Trustees
(1)............. ;
(2).............
(3).............
in the presence of................

KARNATAKA LAND LAWS

CASE LAW ON LAND LAWS