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The Deed of Settlement (Ahmad)

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THE DEED OF SETTLEMENT is made at Gopalganj this ……………….

day of May 2019


between

1. Razia Sultana wife of Late Akhtar Ali Farooquee resident of B-58, Third
Floor, Friends Colony West Nehru Nagar, P.S. ..N.F.C.. , Srinivaspuri,
South Delhi - 110065
2. Parmesh Kumar son of Late Ramyan Sharma resident of Mohalla – Sonar
Toli, P.S Mirganj, P.O. Mirganj, Distt Gopalganj - 841424
3. Abhay Prasad son of Late Sri Krishna Prasad resident of Mohalla
Brahmsthan Purv Mohalla, P.S Mirganj, P.O. Mirganj, Distt Gopalganj - 8
41424
4. Sonu Kumar son of Late Shree Bharat Jee Prassd resident of Mohalla
Brahmsthan Purv Mohalla, P.S. Mirganj P.O. Mirganj, Distt Gopalganj –
841424
5. Imkan Ali Farooquee son of Late Akhtar Ali Farooquee resident of B-58,
Third Floor, Friends Colony, Nehro Nagar, P.S. ………………, Srinivaspuri,
South Delhi – 110065
6. Sana Farooquee daughter of Late Akhtar Ali Farooquee resident of B-58,
Third Floor, Frients Colony, Nehru Nagar, P.S. ………………., Srinivaspuri,
South Delhi – 110065

Hereinafter referred to as ‘the settlorss’ of the First Part

AND

1. Razia Sultana wife of Late Akhtar Ali Farooquee resident of B-58, Third
Floor, Friends Colony West Nehru Nagar, P.S. ..N.F.C.. , Srinivaspuri,
South Delhi - 110065
2. Parmesh Kumar son of Late Ramyan Sharma resident of Mohalla – Sonar
Toli, P.S Mirganj, P.O. Mirganj, Distt Gopalganj - 841424
3. Abhay Prasad son of Late Sri Krishna Prasad resident of Mohalla
Brahmsthan Purv Mohalla, P.S Mirganj, P.O. Mirganj, Distt Gopalganj -
8 41424
4. Sonu Kumar son of Late Shree Bharat Jee Prassd resident of Mohalla
Brahmsthan Purv Mohalla, P.S. Mirganj P.O. Mirganj, Distt Gopalganj –
841424
5. Imkan Ali Farooquee son of Late Akhtar Ali Farooquee resident of B-58,
Third Floor, Friends Colony, Nehro Nagar, P.S. ………………, Srinivaspuri,
South Delhi – 110065
6. Sana Farooquee daughter of Late Akhtar Ali Farooquee resident of B-58,
Third Floor, Frients Colony, Nehru Nagar, P.S. ………………., Srinivaspuri,
South Delhi – 110065

Hereinafter referred to as ‘The Trustees’ (which expressions shall unless


excluded by or repugnant to the context or meaning thereof, be deemed to
include themselves the trustees or trustee for the time being of this Deed, the
heirs, executors, or administrators of the last surviving trustee and their heirs
or assigns) of the other part.

WHEREAS the Settlorss with a view to advance some charitable objects for the
encouragement and spread of education, research and other charitable
objects as are hereinafter stated has set apart a sum of Rs. 300100/- (Three
Lakh One Hundred Only) in cash and desirous to settle the said amount upon
the uses and trusts hereinafter mentioned.

NOW THIS DEED WITNESSETH that in consideration of the premises and to


effectuate the said desire of the Settlorss they the Settlorss, have delivered
and handed over to themselves and the said trustees absolutely and forever
and the trustees hereby declare that they have accepted and received the said
amount before the execution of these presents upon the trusts and with and
subject to the powers, provisions, agreements and declarations herein after
declared and contained of and concerning the same.

1. Name of the Trust :

The Trust will be known by the name of AAF Education Memorial Trust
2. Area of office of the Trust :

The Trust will be operating in whole of India as well as abroad.

3. Principal office of the Trust :

The Principal office of the Trust will be --------------------------------------------


--------------------------------------------------------------

4. Main Objects of the Trust :

The main objects which trust will pursue to achieve are as follws :

a) To aid, assist, manage, equip and take over, financially or otherwise,


any public Institution (s) and / or body (s) concerned with charitable
work of any description.
b) To promote, manage, construct, run, establish, take ove, improve,
acquire, develop and / or assist in construction, running, improving
and / or developing, clinics, hospitals, Despensaries, creches,
asylums, schools, colleges, universities, educational, technical, And
scientific institution, research establishments, sporting, physical
training, Vocational training and industrial training institutions and
centres;
c) To aid and / or assist the poor, needy and destitute including
orphanages, old persons’ home, home for destitute women and
homes for rehabilitations;
d) To aid and / or assist in the construction or maintenance of
dharamshalas, rest-houses, sarais, barat houses and night-shelters
for the use and the benefit of the poor and deserving;
e) To grant scholarships, fellowships, awards, prizes and / or assist
(financially or otherwise) any deserving candidate (s) / student(s)
and the blind for attaining and / or for the attainment of better
standards in education, without any regard to race, religion, creed of
the beneficiaries;
f) To aid and assist, financially or otherwise any deserving teacher,
professor, academician and / or any member of the teaching faculty
of any institution for attaining and / or for the attainment of better
standards in education;
g) To undertake, carry out, initiate, promote, sponsor and / or assist in
any programme or activity intended to promote, the social,
economic and / or moral development or upliftment of the poor, the
handicapped and deserving person irrespective of cast, creed,
religion, or colour;
h) To open, fund, construct, establish, maintain, support, subsidise,
grant aid and make Donations to schools, colleges, libraries and all
other educational institutions;
i) To undertake, carry out, initiate, promote, sponsor and / or assit
through printing and Publishing books, magazines, newspapers,
pamphlets, leaflets and othe ducuments And by all other means of
mass-media by organizing lectures or seminars by giving and / or
distributing awards, scholarships and prize and by othe means of
education and consciousness of the public to the need for poor and /
or deserving;
j) To own, purchase, sell, run, and operate buses, cars, jeeps, scooter,
motorcycle, cycle or any other mode of transport for
accomplishment of its object:
k) To arrange, organize and hold meeting, conferences, seminars for
spiritual education of the masses;
l) To spread the words of Kuran, Bible, Ramayana, Mahabharat, Gita,
Veda, Pura, Upanishads, etc. using all sorts of media like paper
media, television media, electronic media etc;
m) To open training centers to impart cultural, moral and ethical
training to new generation;
n) To preach the basic ethical values of life among young and to
promote them to serve the nation and the people as well;
o) To organize legal awareness programmers, camps, seminars;
p) To take appropriate measures to help the Government organization,
institutions, courts, tribunals concerned in imparting justice to
people;
q) To provide legal aid to the deserving poor persons in need of the
same;
r) To promote and provide opportunities for the development of
character, discipline, self-sufficiency, spiritual knowledge, obedience,
spirit of services and cooperation among the masses;
s) To develop, distribute, sell and or purchase audio / video compact
Discs (CD) ‘s of well known personalities and or saints to spread their
words sayings, teaching etc;
t) To cooperate with institution and organization posturing to cultural,
spiritual and friendly relation with the people of India and abroad;
u) To grant relief and assistance to the needy victims during natural
calamities such as femine earth quake, flood, fire, pestilence etc. and
to give donations and other assistance to the institutions,
establishments or persons engaged in such relief work;
v) To do all other acts, deeds, matters and things for or incidental to or
in the attainment of the objects of the trust or any of them;

PROVIDED that the income and property of the trust howsoever derived shall be
applied solely in and towards the objects of the trust as set forth above, and the
same shall be deemed to be held in trust on the obligation that they shat be
exclusively so utilized and for no other purpose.

AND

No part of the income or property aforesaid shall be paid, used, applied or for the
benefit of the SETTLORSS or TRUSTEES or to any one or more of them, provided
that this shall not prevent payment in good faith of remuneration to any person
for service rendered and lawful expenses incurred by them on behalf of the trust.

5. Trust Fund
The expression ‘trust fund’ appearing herein will mean and include or
will be deemed to include all moneys received as donations or gifts or
by sale or otherwise disposal of any trust property, moveable or
immoveable, and money received or recovered by any other way of
income or profits or gains from the trust fund or property or in any
other form or by any other way whatsoever.

6. Trust Property

The expression ‘Trust Property’ appearing in this deed will mean and
include all other moveable or immoveable properties or other
intangibles rights received by the trustees by way of donations, gifts or
purchase or other mode of acquisition or by any other way whatsoever.

7. Rules and Regulations of the Trust

The trustess shall have power from time to time frame rules and
regulations as they may think fit and proper for the administration and
carrying out the provisions of this trust and to provide for the
management of trust fund and also from time to time alter any such
rules and regulations or to repeal them and substitute others in their
place, provide always that, that no such rules or regulations as framed
or subsequently amended shall in any manner be inconsistent with any
of the provisions of this trust.

8. Appointment of additional Trustees :

The existing trustees can appoint additional trustees, if they think fit to
carry out the object of this Trust more effectively and efficiently.
However, Trustees or any one or more of them nominated by the
trustees shall be ex-officio member of the advisory of executive
committee. Also the total no. of trustee ceasing to be a trustee by
reason of death, resignation or physical or mental incapacity or
otherwise, the remaining trustees shall have power to appoint any
other person in his place as trustee and on such appointment all the
trust fund will vest in him along with other trustees.

9. Managing trustees :

The trustees have agreed to ----------------------------------------------------------


------------------------------------------------------------------------------------------------
---------------------------------------------------------.When Razia Sultana ceases
to be a trustee then the trustees shall appoint a managing trustee
among themselves by way of voting. In case of equality of votes the
senior most in age among them would act as the managing trustee. A
managing trustee will be at liberty to voluntarily relinquish the office of
Managing Trustee for appropriate reasons and in that case the next one
in the manner mentioned above would become managing trustee.
The managing trustee, may, from time to time, delegate any of its
power to a trustee/committee or committees he/she may think fit and
may also from time to time rovoke, dissolve and discharge any such
trustee/committee or committees so formed

10. Meeting of the trustees :

The trustees may at some convenient place and convenient intervals


hold meeting from time to time as occasion shall require for the
transaction of business of the trust.

Al least five clear day’s notive shall be given to trustees as to place,


hour and day of meeting and of the business to be transacted there at.
The necessary quorum to convene valid meeting should be at least 1/3rd
of the total no of trustees.
The original minutes of the proceeding of every such meeting shall be
deposited at the office of the managing trustees who shall provide for
safe custody thereof.

11. Powers of trustees :

The trustees shall exercise the following powers in their meeting:


a) To acquire immoveable or moveable property, required for carrying
out of the objects of the trust, by way of purchase, lease, gift,
constructions or on leave license basis or other howsoever.
b) To sell any immoveable property or any part thereof or give on lease
any property or any part or parts thereof not required for carrying
out the objects of the trusts, subject however to, the permission of
any authority if required by the law and consent of majority of the
existing trustees.
c) To appoint an advisor or a board of advisors to advise the trustees in
formulation of general policies or in such other matters as are
referred to them, provided however that it shall be open to trustees
to accept or not their advice wholly, partly or to reject it.
d) To sanction recurring expenses from month to month.
e) To sanction expenditure on non-recurring items in any years.
f) To institute, defend or compromise legal proceedings on behalf of
the trust, if and when necessary.
g) To invest, dispose of transfer or otherwise deal with the funds of the
Trust, subject to the provisions of any law to that effect in such
manner as the Trustee may deem fit, so as to enable them to carry
out the objects of the Trust effectively and efficiently.
h) And generally to do any other acts or act not mentioned above that
might be necessary in the discharge of their duties and execution of
the powers vested in them.
i) To constitute an an advisory board to advise to the trustees on any
matters related to objects of the trust with such conditions and
stipulations as it may deem necessary.
j) To constitute an executive committee to transacts all or any of the
acts as stated above with such conditions stipulations as it the may
deem necessary.

12. Liabilities of the Trustees :

The trustees shall be responsible for such money stocks, securities and
other property as the trustees shall actually receive notwithstanding
their signing receipt or cheque for the sake of conformity and shall not
be answerable and accountable or responsible for the acts, receipts,
omissions, commissions, neglects and defaults of the bankers, brokers,
auctioneer, advocates or other persons with whom or into whose hands
any trust moneys or securities may be deposited or for any other loss
unless the same shall happen through his own negligence, willful act or
omission, breach of ‘Trust, misapplication or misconduct.

13. Trustees not entitled for remuneration

The trustees shall not be entitled for any remuneration or to pay any
remuneration to may person for action as Trustees out of Trust Fund.

14. Reimbursements to Trustees :

The trustees may reimburse themselves or pay and discharge out of the
trust fund all expenses properly incurred in or about the execution of
the trusts / or Powers under this Trusts or any of the them;

Provided however that this right and / or power of reimbursement shall


not be operative in case of a Trustee held liable for the loss caused to
the Trust for his acts of commission or omissions.

15. Removal of Trustees :


Apart from death, resignation etc, a Trustee can be removed by way of
giving him/her a show cause notice at least by two Trustees and not less
than one month notice prior to a meeting in which his fate will be
decided, at that meeting he will be given opportunity of being heard. If
majority of trustees passes a resolution to this effect, the said Trustee
will be treated as removed as removed from the Board of Trustees with
immediate effect or a date mentioned in the resolution. Consent of
managing Trustees will be mandatory in this regard to have resolution
effective.

16. Appointment of an Advisory committee :

The Trustees shall have power to appoint an advisory committee of not


more than ten persons which can be dissolved and reappointed from
time as the trustees may think fit. The members of the advisory
committee will generally be those who are well known in public by
reason of their scholarship, profession, eminence in different fields of
art, philosophy, science and technology, consent of managing. Trustees
will be mandatory in this regard to have resolution effective.

17. Functions of the Advisory Committee :

The functions of the advisory Committee will be to advise the Trustees


on the subjects of activity of the Trust or any projects undertaken by the
Trust, to express opinion referred to them by the Trustees, to make
suggestions and to give instructions on the activities of the Trust and
generally to guide the Trustees. The decision, suggestions or proposals
made by advisory committee will be of a recommendatory nature. The
members of Advisory Committee will not be considered as trustees of
this Trust.

18. Filling up of Casual vacancy of member of Advisory Committee :


If any person ceases to be a member of the advisory Committee by
reason of resignations, death or otherwise, his place may be filled in by
the Trustees. Consent of managing Trustees will be mandatory in this
regard to have resolution effective.

19. Removal of member of Advisory Committee :

The Trustees will have power to omit or remove any member of the
advisory Committee if the Trustees so think fit, for any reason, without
being bound to disclose the same. Consent of managing trustees will be
mandatory in this regard to have resolution effective.

20. Chairman, Secretary, Meeting And Decision of Advisory Commttee :

The trustees will appoint one of the members of the Advisory


committee as chairman and one of them as secretary. The Chairman will
preside over all the meeting of the advisory Committee. In the absence
of the Chairman of the meeting. In case of no decision being taken I this
regard, oldest among them will act as chairman.

All decisions of the Advisory Committee will be taken by majority and in


the event of equality of votes the chairman of the meeting will have a
casting or additional vote.

The secretary will call the meeting of the advisor Committees and when
required by the Trustees. The secretary will keep a minute book where
in will be recorded all the minutes of the Committee.

21. Appointment of Executive committee :

The Trustees shall also have power to appoint one or more committees
to be called executive committee, to carry out one or more of the
objects and activities of the Trust.
22. Functions of Executive committee :

The functions of each such committee will be such, as will be assigned


by the Trustees from time to time. The Committee will be in full charge
of function of activity or any project assigned to the Committees and
shall execute the same in the interest of the Trust but subject to such
direction or limitations as may be given or prescribed by the Trustees.

23. Chairman, Secretary, Meeting and Decision of Executive committee :

Each Executive committee shall consist of not less than three and not
more than five members nominated by the Trustees. Each such
committee will elect its Chairman and secretary, if not nominated by
the Trustees. The chairman will preside over the meeting. In the
absence of the chairman at any meeting the members present will
appoint any of them present as the chairman of the meeting. In case of
no decision being taken in this regard, oldest among them will act as
chairman.
24. Casual Vacancy and dissolution of Executive Committee :

The trustees in their meeting will have right to dissolve any Executive
Committee as and when they think fit.

If any vacancy occurs in any Executive Committee by reason of


resignation, death of otherwise, the same may be filled in by the
Trustees in their meeting. Consent of Managing trustees will be
mandatory in this regard to have have resolution effective.

25. Constitution of a body or association of person :

The trustees shall also have power to constitute a body or association of


persons who believe in the objectives of this trust. They will be involved
in the activities of the Trust.
Every person desiring to join such body or association shall apply to be a
member of the body or associations in the form prescribed by the
Trustees and each such person will agree to pay a subscription as may
be prescribed by the Trustees from time to time. Such Subscription will
be treated as a donation to the Trust Fund.

A person who fails to pay such subscription for more than three months
since the time it becomes due, shall cease to be a member of the body
or association unless the Trustees condone the delay in payment.

Any such person may also resign from the body or association if he or
she chooses so. Such person shall be eligible to participate in the
activities of the Trust as and when required by the Trustees or any
Executive committee out without any compulsion.

The Trustees may call meetings of such body or association as and when
required to discuss any question or topic generally or specifically and
each member will be entitled to participate in such meeting and express
his or her views. However, nodecision or consensus of that body will be
binding on the Trustees.

The Trustees shall maintain a register of such members and an account


of the donations or subscription paid by them from time to time.

Such body or association will be considered as an ad-hoc body or


association associated with the trust and not as an independent or
separate entity.

26. Funds to the Executive Committees :

The Trustees will sanction and make available to any Executive


Committee such funds as may be sanctioned by the Trustees for any
activity or programme to be executed by the committee. The secretary
of the Committee will keep accounts of such sanctioned amount and
submit the same to trustees from time to time or whenever required by
the Trustees. If any amount more than sanctioned amount, is required,
the Committee shall make available such additional amount as and
when required.

27. Submission of reports to the Trustees :

The Secretaries of the Advisory Committee or Executive Committee or


Committees shall submit the reports of meetings of their respective
Committees of which they are secretaries from time to time or as and
when required by the trustees.

28. Honorarium to the members of Advisory/Executive committees :

The members of the Advisory Committee and of the Executive


committee will work in honorary capacity, but the Trustees will have
power in any given case to pay an honorarium to any one or more or all
the members of any committee as the Trustees may think fit. All other
expenses actually incurred by any Committee within the sanctioned
limit will be disbursed out of the Trust Funds.

29. Delegation of powers of Trustees to Executive Committees :

The Trustees will be entitled to delegate any of the powers of the


Trustees under this deed or in law to any Executive Committee subject
to such conditions as the Trustees may think fit.

30. Application of Income from Trust Property and Trust Fund :

The Trustees shall, out of the gross income from the Trust Property and
Trust Fund pay all liabilities by way of taxes and other levies payable to
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 servants and other employees employed
by the trustees for the management of the Trust property and
otherwise authorized by this deed or in law.

31. Insurance of Trust Property :

The Trustees shall keep all immovable property and valuable 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.

32. Dan Patra :

The Trustees may keep one or more boxes properly locked and sealed
and permanently fixed of fastened to any permanent fittings in the
office premises and or branch / local officers for collecting or receiving
the moneys offered by the devotees / followers visiting the premises /
offices and such boxes will be opened by them at the end of each week
or such intervals as may be decided of each week or such intervals as
may be decided in the presence of atlas two trustees or managing
trustees or managing trustee and any employee of the trust and money
shall be collected and used for objects of the trust.

33. Disposal of Donations made in kind :

All the donations made in kind will be kept at a safe place and will be
distributed among needy people or sold by auction and at such intervals
as the trustees may deem fit except such article as are perishable by
their nature and which will be distributed among such needy people as
Trustee may deem fit.

34. Holding of religious ceremony etc :


The Trustees shall hold such religious ceremony as they may think fit. All
expenses incurred on such religious ceremony will be born and paid out
of Trust Fund.

35. Accounts of Trust funds :

The Trustees shall keep and maintain proper and regular accounts of
the Trust Fund and of the income and expenditure. They shall prepare
or cause to prepare Balance Sheet, Income and Expenditure Account,
Receipt and Payment Account at least once in a year. It should be
signed by at least one Trustee and sent for audit by a duly qualified
auditor, who will be appointed by the Trustees. After audit of the
account, the Trustees should finally adopt the above at one of their
meeting.

36. Investment of Trust Funds :

The Trustees shall invest the Trust Funds in the authorized Trust
securities including bank deposits, or deposits or debentures of public
undertakings but not in the shares of any other commercial and the
income raised from such securities only will be used in carrying out the
objects of the Trust. The trustees will have power to change the
investments from time as may be benefical to the Trust. The
investments shall not be in violations of any statutory enactment in this
regard.

37. Register of Trust Funds and Investments :

The Trustees shall maintain a register of Trust Fund and its investments
and keep it upto date by making additions to or alterations in the same
as and when new investments are purchased or acquire or disposed of
by the Trustees. The Trustees shall physically verify the list or register at
least once in a year.
38. Bank Account :

All the account in the banks shall be maintained in the name of the
Trust or the trustees. It will be operated by the managing trustees
during their lifetime and thereafter will be operated by any two or more
trustees as may be decided by them from time to time.

39. Amendment etc. to this trust :

In all the cases, in which it is found necessary or desirable to amend,


alter to or add to this Trust or any clause hereof, to seek advice or any
other directions on any question of conduct or administration or
management of this Trust, the Trustees shall have the right under this
Trust to apply to any statutory authority or a court of law.

40. Registration with authority :

The Settlors shall take steps immediately after the execution of these
presents to register this trust with authority appointed by any act,
governing public charities.

41. Transfer of Trust Fund :

If this Trust ceases to function by reason fo there being no trustees to


function by reason of there being no trustees existing or the Trustees
not carrying the objects of the Trust, or for any other reason, the trust
fund of turst, then existing corpus, assets etc, shall be transferred to any
charitable trust / institutions carrying on similar or related objects for
the benefit of the society.

IN WITNESS WHEREOF the Trustee have put their respective hands on


the day and year first hereinabove written.
Singed by Settlors

1. Razia Sultana
2. Parmesh Kumar
3. Abhay Prasad
4. Sonu Kumar

In the presence of

1.

2.

Signed by Trustees

1. Razia Sultana
2. Parmesh Kumar
3. Abhay Prasad
4. Sonu Kumar
5. Imkan Ali Farooquee
6. Sana Farooquee

In the presence of

1.

2.

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