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Indian Law/trust deed registration


can an existing public sector unit can be registered as a trust from branches other then its registered office? please tell me in detail...

A Trust is defined as an obligation annexed to the ownership of property arising out of the confidence declared and accepted by the owner for the benefit of another, or of another and the owner.
In India non -profit organizations can be registered in the following forms-(a) Trust (b) Societies and (c) a Private Limited Company under section 25. They are prohibited from distributing surplus income to their members.
For Formation of trust the following elements are essentials:
  Three Parties: Author of Trust, Trustee and the beneficiary.
  Subject matter of the trust
  Objects of the Trust
  Trusts Deed
Three Parties
Author, Trustee and beneficiary are essential to form a trust. The person creating the trust should of age 18 or above and sound mind.
Subject Matter
For creating a valid trust, the subject matter should be defined with certainty.
The Trust must be formed for charitable purpose like relief of poverty, advancement of education, advancement of religion and other purpose beneficial to the community not failing under any of these preceding heads.
Trust Deed
The instrument by which trust is created is called as Trust Deed.  
Formation Procedure
A Trust may be declared either by will or by a non-testamentary instrument called as Trust Deed. A Trust can be created by any of the following methods:
  By Trust Deed
  By Will
  By Transfer of Property
Therefore,in the instant case , the existing PSU can form a Trust through dis-investment by forming a new Section 25 Company/Trust/Society.However,the object for the said trust should be charitable purpose and it should possess all the essential elements of trust as stated above.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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