Procedure of formation of chartiable chart

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30 December 2009 Procedure of formation of chartiable trust in india ( in Flow Chart Formet)

Murtaza I Bhagat

Murtaza I Bhagat (Expert)
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30 December 2009 Registration of Public Trust (Sec. 18 of Bombay Public Trust Act)
1.It shall be the duty of the trustee of a public trust to which this Act has been applied to make an application for the registration of the public trust.
2.Such application shall be made to the Deputy or Assistant Charity Commissioner of the region or sub-region within the limits of which the trust has an office for the administration of the trust or the trust property or substantial portion of the trust property is situated, as the case may be.
3.Such application shall be in writing, shall be in such form and accompanied by such fee as may be prescribed.
4.The application shall be made within 3 months of creation of the Public Trust.
5.The application shall inter alia contain the full detail as prescribed in the form of Schedule II â€“ (under Rule-6).
6.Every application made under sub-section (1) shall be signed and verified in the prescribed manner by the trustee or his agent specially authorized by him in this behalf. It shall be accompanied by a copy of an instrument of trust, if such instrument has been executed and is in existence.
6A.Where on receipt of such application, it is noticed that the application is incomplete in respect of any particulars, or does not disclose full particulars of the public trust, the Deputy or Assistant Charity Commissioner may return the application to the trustee, and direct the trustee to complete the application in all respects or disclose therein the full particulars of the trust, and resubmit it within the period specified in such direction; and it shall be the duty of the trustee to comply with the direction.
7.It shall also be the duty of the trustee of the public trust to send memorandum in the prescribed form containing the particulars, including the name and description of the public trust, relating to the immovable property of such public trust, to the Sub-Registrar of the sub-district appointed under the Indian Registration Act, 1908, in which such immoveable property is situated for the purpose of filing in Book No.I under section 89 of that Act.

A Non Governmental Organization is perceived to be an association of persons or a body of individuals. An association of persons with non-profit motive may be registered under any of the following Indian Acts:
Trust: "Trust" is defined as an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner or declared and accepted by him for the benefit of another, or of another and the owner.
A Trust may be created by any language sufficient to know the intention and no technical words are necessary. A trust deed, generally, incorporates the following:
i. The name(s) of the author(s)/settlor(s) of the trust;
ii. The name(s) of the trustee(s);
iii. The name(s) if any, of the beneficiary/ies or whether it shall be the public at large;
iv. The name by which the trust shall be known;
v. The name where its principal and/or other offices shall be situate;
vi. The property that shall devolve upon the trustee(s) under the trust for the benefit of the beneficiary/ies;
vii. An intention to divest the trust property upon the trustee(s);
viii. The objects of the trust;
ix. The procedure for appointment, removal or replacement of a trustee. Their rights, duties and powers etc;
x. The rights and duties of the beneficiary/ies;
xi. The mode and method of determination of the trust.
A charitable trust is not required to obtain registration under the Indian Registration Act.

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