Trust: The public charitable trust is a possible form of nonprofit entity in India. Typically, public charitable trusts can be established for a number of purposes, including the relief of poverty, education, medical relief, provision of facilities for recreation, and any other object of general public utility.

Indian public trusts are generally irrevocable.

No national law (except the broad principles of the India Trusts Act 1882, which governs private trusts) governs public charitable trusts in India, although many states (particularly like Maharashtra, Gujarat, Rajasthan, and Madhya Pradesh) have Public Trusts Acts. Public charitable trusts, as distinguished from private trusts, are designed to benefit members of an uncertain and fluctuating class. In determining whether a trust is public or private, the key question is whether the class to be benefited constitutes a substantial segment of the public. There is no central law governing public charitable trusts, although most states have "Public Trusts Acts."

Typically, a public charitable trust must register with the office of the Charity Commissioner having jurisdiction over the trust (generally the Charity Commissioner of the state in which the trustees register the trust) in order to be eligible to apply for tax-exemption.

In general, trusts may register for one or more of the following purposes:

Relief of poverty or distress / Education / Medical relief / Provision for facilities for recreation or other leisure -time occupation (including assistance for such provision), if the facilities are provided in the interest of social welfare and public benefit.

At least two trustees are required to register a public charitable trust. In general, Indian citizens serve as trustees, although there is no prohibition against non-natural legal persons or foreigners serving in this capacity. Legal title of the property of a public charitable trust vests in the trustees. Trustees of a public charitable trust may not, however, in any way use trust property or their position for their own interest or private advantage. Trustees may not enter into agreements in which they may have a personal interest that conflicts or may possibly conflict with the interests of the beneficiaries of the trust (whose interests the trustees are bound to protect). Trustees may not delegate any of their duties, functions or powers to a co-trustee or any other person, except that trustees may delegate ministerial acts. In essence, trustees may not delegate authority with respect to duties requiring the exercise of discretion.

Trustees of religious or charitable trusts are charged with discharging their duties with the degree of care that an ordinarily prudent person would exercise with respect to his personal property. This is a slight variant on the duty of care applicable in many U.S. jurisdictions, which requires directors and officers to act with the degree of diligence, care and skill that ordinarily prudent persons would exercise under similar circumstances in like positions (as opposed to in the management of their personal affairs).

Public charitable trusts are highly regulated. For instance, in many states, the Charity Commissioner must approve purchases or sales of immovable property by a trust or taking a loan in advance. Indian public charitable trusts are generally irrevocable. If a trust becomes inactive due to the negligence of its trustees, the Charity Commissioner may take steps to revive the trust. Furthermore, if it becomes too difficult to carry out the objects of a trust, the doctrine of cypres, meaning "as near as possible," may be applied to change the objects of the trust.

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Useful NGO Books for NGO Management

Handbook for NGOs by Nabhi Publications

NGO Handbook (In Hindi)by Nabhi

Formation and Management of NGOs: Non Governmental Organisations by Anita Abraham

Formation and Management of NGOs (Non Governmental Organisations) - Universal Publication

How to start promote and manageNGO by Xcess

Handbook for NGO's and NPO's by Taxmann Publications Private Limited

NGO & Training Centre in India by Mantri Pragada Markandeyulu

NGOs in India: The challenges of women's empowerment and accountability (Routledge Contemporary South Asia Series)

Management of NGO's by Laxmi Publications

Interesting Issues on Charitable Trusts or Institutions NGOS & NPOS a Complete Guide to Frequently Asked Questions by CA N Suresh

NGO Management: With Case Studies by Surendra Publications


Useful books for TRUST formation and Management

Formation & Management Of A Trust by Nabhi's

Formation and Management of Charitable and Religious Trust Educational and Medical Institution under Income Tax Law by Universal Law Publishing co

All About Charitable Trusts - Formation, Registration, Management & Taxation of CHARITABLE & RELIGIOUS TRUSTS (With Free CD) by CA Virendra K. Pamecha , CA Rakesh Nahar

Formation and Management of a TRUST along with Tax Planning by Nabhi Publication



Useful books for Society formation and Management

Formation and Management of Societies (Telugu) by Pendyala Satyanarayana

Formation & Managements Of A Society by Nabhi

Formation & Management of a SOCIETY by Nabhi New

Formation and Management of Societies by Y. Kameshwara Rao

Formation and Management of a Co-operative Society alongwith Multi State Co-operative societies Act & Rules by Nabhi Board Of Editors


Useful books for NGO fundraising

Funding of NGOs: How to Manage by Mahaveer & Sons

Taxation of Trusts & NGOs by Taxmann

How to Start & Promote NGOs & NPOs in India Starting, Management & Funding of NGOs /NPOs Covering Schemes of the Ministries of Government of India by Xcess Infostore Pvt. Ltd.

Nonprofit: Starting a Charity - How To Successfully Change Lives, Give Aid & Build a Community (Contribution, Not For Profit, Fundraising, Startup, Donation, Volunteering, NGO Book 1)

Fundraising: 10 Tips to Raise Money for Ngos, Small Business and Non-profits

NonProfit Crowdfunding Explained: Online Fundraising Hacks to Raise More for Your NonProfit

Fundraising Techniques and Financial Assistance to NGO by Anmol Publisher

Guide To Fundraising and Public Relations For NGOs and Non Profit Organisations by CSIM




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