The Deed of Settlement (Ahmad)
The Deed of Settlement (Ahmad)
The Deed of Settlement (Ahmad)
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
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
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.
The Trust will be known by the name of AAF Education Memorial Trust
2. Area of office of the Trust :
The main objects which trust will pursue to achieve are as follws :
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.
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.
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 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.
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.
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;
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.
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.
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 :
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.
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, 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.
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.
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.
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.
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.
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.
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.
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.
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.