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Eirfi-f, wEsr I:ENGAL AD 323557

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(A.D.);

BETWF-EN
{1) ASGAR SARDAR(pAN# ALQnS7767K, AADHAAR# 7141 1417 7A44, MOBTLE#
HAt-t
76 dssgiclts ) , son of Late Murad Ali Sardar, by faith lslam, by Natronality lndian, by
occtl pation Business, residing al 12/2, l\azilsat'a Lane. Post Office Shibpur, police Station
Ei
ShrB pur, Districl Howrair i'il lO2. West Bengeil, hlreinafter referred to as
the "SET'ILOR"
( w!ich exptessiott slrall unless exclucied by or repugnant
tr the subject or corrtext be
dec{ned to include his heirs, executors, adminisirators, assigns and representatives
) of the
oNf PARr;
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AND
(1) ALI ASGAR SARDAR(PAN# ALQPSZZ6zK,
AADHAAR# 2141 1417 7o44, rvoBrLE#
260589i0.]5 ) son of Late [tz]urad Ali
' sardar, by faith lslam, by Nationality lndian,
by
occupation Business' residing al 1?/2, Kazipara
Lane, post office shibpur, police Station
.l
Shibpur, District Howrah Z 1 1O2, West
Bengal.

(2) HASAN REZA(PAN# ADMPR3z16L, AADHAAR#

9453 9334 8396, r\40BrLE#
9433494202 ) , son of Late Abdul Karim
Fazlut Hur;, by faith lslam, by Nationality
by occupation Cultivation, residing at 13/3/2, Kazipara Indlan.
Lane, Post Office Shibpur. police
Station Shibpur, District Howrah Zll 102,
West Bengal,

(3) KAZI ABDUS SALAM(PAN# AIUPS5659K.

AADHAAR# 5694 7878 8767, MOBILE#
9051484003 ) son of Late Kazi Abul
' Kalam. by faith rsram, by Nationality lndian, by
occupation Retired' residing at 41 /45/3.
Kazipara Lane, post office Shibpur, police
Shibpur, District Howrah Z l,l lO2, West station
Bengal"

(4) KAZI MAHTABUDDIN AHMED ( PAN# AISPI]0668A.

AADHAAR# 3362 9068 1827,
tvloBlLE# 9143184293 ), son of Late Kazr
Safiuddin Ahmed, by faith rsram, by Nationality
N
lndian' by occupation Business, residing at
5 34, Kazipara Lane, post
S
Police Station Shibpur, District Howrah Zl1
office shibpur, \
102, West Bengal, N
N
(5) KAZI FAZLA KARIM(PAN# 't+.t { t(q;"t[,C 1,"i.:l (.ir1 r z:-
c,f q
N4oBlLE# "lOq7SOSS
, AADHAAR# {
14 ), son s1 (,i: r Ai:.{r{ r_. i l.rtrr-;
by Nationality Indian. by occupation Buslness, , by faith rstarn, d
residing at ,lf,l\* K^z,fr.,-_'L,r;.:
Post offlce Shibpur, porice statron shibpur,
District Howrah zi1 .lo2, west Bengar"
$
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oi
s

(8) SADEK ALI SARDAR ( PAN# AZFPS941OE.

AADHAAR# ?545 O7g2 6242. MOBILE#
9830261529 )
' son of Ali Hossain Sardar, by faith lslam, by Nationality lndian, by
occupation Business' residing al 13/1/2,
Kazipara Lane, post office Shibpur, police
Shibpur, District Howrah Z l1 .1O2, West station
Bengal, and
\l 3 ,.

(9) SK. FEROZ (pAN# AAypFO860F, AADHAAR# 9213 ?946 4921, MOBILE#
9143144140 ) , son of Late Abdul lVlabud, by faith lslam, by Nationality lndian, by
occupation Business, residing at 41 , Kazipara Lane. Post Office Shibpur, Police Station
Shibpur, District Howrah 711 10?, West Bengal,, hereinafter collectively referred to as the
"TRUSTEES" ( which expression shall unless excluded by or repugnant to the context
sublect and meaning thereof be deemed to include the Trustees, and each one of them
for the time being and from time to time appointed and or holding office under these
presents and/or survivor or survivors of any of them and their successor or successors-
in-office) of the oTHER PART;

WHEREAS all the Settlor and Trustees are the descendants and heirs of the Kazi Families
of Kazipara Lane, Shibpur, Howrah i.e. ( 1) Kazi Shamsuzzoha, son of Kazi Enayetullah.
(?) Kazi Ahamad Rahaman, son of Kazi Golam Rahaman, ( 3 ) Kazi Majid Ahamad, son
of Kazi Abdul Khalil, ( 4 ) Kazi Ajijul Alam, son of Kazi Mobiul Alam and ( 5 ) Kazi
Golam Mohiuddin. son of Kazi Golam Mehendi.
AND WHEREAS the said Kazi Families were looking after the management of the Kazi
IVasjid andthe Kazi Burial Ground and after demise of the said Kazi Families, the
Management is vested with the descendants ard heirs of the said Kazi Families out of
their respective funds.
AND WHEREAS now the Settlor is desirous of creating a Public Religious and Charitable
Trust permanently and rrrevocably with a view tt: carry out the objectives of the Trust for
the public religious charitable objects and purposes in lndia including running and
maintaining the said Kazi IVasjid and the Kazi Burial Ground, hereinafter expressed"

AND WHEREAS the Trustees have at the request of the Settlor agreed to act as
TRUSTEES of these presents upon the terms and provisions hereinafter contained.

AND WHEREAS the Settlor is desirous of settling the sum of Rs.10,000/-(Rupees Ten
Thousand) Only upon Trust wholly for the purpose cf forming a charitable foundation for
the oblects set out herein below:
NI T IJ ED EEA D E -r la ntrtrn artr Tol tQT nE^t AE Ee Al\tn trqqtrTH AQ IINNtrEt

The Settlor for the purpose of effectuatinE desire to establish a charitable trust, has
dedicated and endowed upon the trust a sum of Rs.10,000/- (Rupees Ten Thousand)
only in cash towards the corpus fund to the Trustees (the transfer whereof the Trustees
do and each of them doeth hereby admit and acknowledge ) being subject to the uses of
the Trust hereinafter mentioned:
1. a) NAME, COMMENCEMENT AND REGISTERED OFFTCE OF THR TRUST:

ThC NAMe Of the Trust is *KAZI MASJID EDUCATION AND SOCIAL WELFARE
TRUST" ( A non-profitable, non-commercial public and non-political, a Public
Religious Charitable Trust ) .

b) The Trust will commence its operation on and from the date of these presents.
c) The Registered Office of the Trust will be at 61, Kazipara Lane, Post Office and
 ,.

:punorC letJng tzey olll pue pllsef! tzey ptes aqi

1o luaudo;e^ap pue a3ueualuteul 'uoricalord lo sLulai ur sdels {tesseceu lle a)el oI Itl

lposeecop pres eql

lo alecuua3
ler-lnE anssr 'te11ee;eq1 pue ZU lLt qe.imoH'rndqrqg'auel ercdzey.lS le
punorc leunE elBd tzey ur paseeoap aql ]o ler.rnq aql to1 lueua6ue:te eplnotd o1 .II

:qe1;y fuqDrLulV ]o aueu

aqi ur pero$o aie leql sta{eld qons llE [)uB ( poseacap aq]
]o re,(etd ien]u ]sel
aqi) qezeuef 'eqo7-zn-pta pue Jltl - In - pr3 teAeLd sle^tlsai aLli . ( uezLUeU 6ur1se1
]o r.1luou.r aql ul Le{etd lq6ru e}el raue .reletd ) qlmelel . ( qeuLunf ) {epul ,sre^etd
uorle6arDuo3 's;a{etd fuo1e6rlqo soLUtl a^U 0urpn;cul s.ra^eld lle 0urra1tro sultlsnn
aql ol a^rcnpuoc sarltltcel Itessecau aqi rlptAo-ld pue sluaue6uele 11e a)eu oI
:f HV Cf HSI-]8VIS= SI ISNHI 3HI HSIHM HOI SJ.3:IrSO ONV SYIIV 3H1 'v
'Jla luauoarOe 'peep aseqctnd aq1 u0rs uec {;uo pLeog
oq] Jo loqLllau pazr;o{-{}ne 6ur}srxa pue }snll aq} io aueu oq} ut aq plnoqs
uorleuop ro ryrO se pantacal to peseqclnd s {i"radoLd alqenoutut {ue esec u; ( nl

'luesard saolsnrl aLit lo fiuofer"u ,)l/t Aq

passed uorinlosal e {q 6ulleeu-l s}t ut pteoE aq} Aq ica}}a }eqt ol paprcap sl ( t!

pue o1snr1 aq1 1o 1ce[qo

ue Lllrmoraql paloouuoc slueLupedaq pup uorlnltlsul o1snt1 eLll ]o l4auaq
pue ocuolsrxo aLll la^aosleLl/v\ luolxo {ue o'| lcage {leste^pe ol {1e1r1 1ou s1 ( ll

'q1r,uereq1 palcauuoO
luaLuUedeC pue suotlnltlsul pue ]sn.r1 oql ]o ]sarolur aLlt ur enrletadulr sl ( t

: uorleuarle ro uotsloAUoc 'ta1suet1 'aDueqcxe

qcns uaqM ]dacxe -laneosleqm rauupLU,{urz ur pa}euorle to peoeoporu'peyanuoc
'paralsuerl'peDueqcxe'p;os aq lleqs lsnJl aLll oi 6urDuolaq ripedotd alqe^oLuu-l oN
ISnUJ 3Ht lO S=t1u3dOUd StSVnOmt^il 'e

'lsnrI
uodn seeisnll aq] {q peldacce aq llells put)i lo t.lsec ut ,siuet6
to sarce6a; ,siJl6
'suorleuop 1;y '{padotd lsnil or-l} se plall {lanrsnlcxe oq lleL{s Luollo:aLli auocut aq}
pue sarUedord 1sn;1 aq] ot suotlalooe pue suorltppe llV'utatoL.l soelsnll oql uoJ]
)o /pue abrel le crlqnd aq1 uoll pentocel suotleuop q6norql to eseqctnd ,(q patrnbce
oq {eur }eqt elqe^ouuJt pue alqenoul 'saryadord 'puU 'qsec {ue '1snt1 aql }o
punl sndroc aLll spremol oanoqe pauotluau se lolpos eLll pallalsuel] lunoue eq1
^q
:lo tstsN03 tlvHs sStlu3doHd lsnul 3HJ' .Z

'seolsnll uaLll oql 1o ftuoleLu Ut/Z Aq paar6e eq Ieu se saceld

ro aceld reqlo qons ol ernlnj ut paUlrJS eq {eur }snJI oql }o ecgio oql leql ( p
'1e6ueg lsaM 'Z0L lll LlBl/1^oH lrtJlstO 'lndqrqg uorlels aJtlod

n
 ,'

jo preog or-.ll ]o 6urlaar-u tsl1 aLlf "polcotos st loua^uo3 lot-1loue llI ao1]o slq ploq
llrM pue aallrr.utuoC Dur1.ro14 aql ]o fuelalcag lelauaD se uorlounJ lltM oL.l^ Jouo^uo3
se sa^lasLUeql lsOuoLue uosrad e ]calas lllM 6urprs lslll sll ut pleog aLll lo
sraqual4 aq1 'ftrnladrad ut {poq e aq lllM }l 'saalsnil }o pleog oqt uortdo-oc
^q
,{q pallU oq rieuu eues aq1 'poa6 srql }o uolinJaxo Jo alrt] aLl] ]e sotouecen ore
aroql ]r pue'(uaalua^as) zl peecxa iou lleLls saalsnlf lo pleog aql ]o slaquleLu
lo Jaqunu oql ']snil oql Jo ]3odsar ur lsnl I +o pooc aql Ourlncoxe suosted
Iq pelnl]suoc saalsnrl lo preo€ alli ur lSoi\ llpqs spunl pue serpadotd aql llV
:s33ISnUt ? ..l.N3y'{39VNVy\ '9

'lgotd 1o Ienn {q sraquieLu s1r 1o {ue }sDuoLue papl^lp -to pted

oq lleL1s loaraql uoruod ou pue ]snl1 aq] 1o slcalqo aL]] to uorloluo.rd oq] spremol
{1a1os pazrlr}n aq lleqs paure}qo Jo pa^uap .ra^aosteq^ lsn;l aq} }o auocut oq.1

'puel oq] ]o smel 6urlreretd

o} 6urprocce sou}unoo u6ratol ulor} pue {r}unoc aql ulqllm q}oq uotletcosse
or.{l
pue slenpr^lpur ruoJl uorlnquluoo pue sluerD 'suorleuop 6urldacce opeseqcrnd
ro parrnbce uaLll pue ss 'seryadord olqeAoLuLUr sti ]no 6urpe1 {q spunl esrel uel
soalsnrl lo preog aqi 'lsnr1 aLll ]o suie pue spalqo alli llE ro Iue a^otq3e oI
:SSCUNOS 'lVICNVNII '9

llold lnoqlrm ioaroql Ued {ue

la^rloLu
ro ueLl] ]o {ue ro slcafqo s}r lo
}uau.ranarq3E? aqi roj pue lsnlf eLl} }o UoM aLl}
]no Durfurec ro1 luau:a0uere lercueurl fuessaceu lle aleu pue arnlpuadxa rncur o1 ilx
:sorpnls Jo uorlnoesord eq1 rol {yunuuuoc aql }o sluopnls Ipeeu eq1 dleq o1 IX

reql ]no fu-tec ol sluapnls

:sarpnls
0urnresap pue snouoluau rood roJ aouelsrsse eprnord pue sdrqsreloqcs pieMp ol X

!s1q6u
ueunq 6ururelureur lol )rom ol pue ,!r1eco1 or-1r. ur {}rlrnbuerl pue oceed urelureur oI 'xt

lsarlruelec
lelnleu lo seur] ur {;;ercedse seJrnras crdorqluelrqd pue {le1un;on ropual oI lltA

:( asnoH lercueurl )
leeu-lnl-reg e 6urpunol Aq sdrqspreq euocre^o oi Uoddns leroupuU pue leroLu
'lercos onlossp oqnn Ilrunuuoc alll lo uorlcas raleom eLll ol ocuelsrsse repual 01 'iln
!uorlecnpa snorOr;a-t pue
lenlrrds 1o lueudolenep leuorle3npa aloLuo;d ,rl pue lllIS leuorleco^ pue uorleonpa
Jo uorlor-uord ro1 slrrO pue si{oq rol o}n}r}sur leuorlecnpo ure}ureu pue Llsrlqe}se 01 'tn
!Lue1s1 1o a0pelanoul ]o uorsnl1rproj s-reloqcs
oql Aq qons pue uunrsodr-u{s 'sreurLUas 'saleqap 'sernlcal ezrue6ro pue eOuere o1
!( llluoll 6urlsel ) uezlueU eq1 6uunp
prlseyl eq1 ut ( ISnp o] umep [uor] lse] uo ale oL.lM aldoed ) s:epefog aql lle loi
s)uup pue spoo] r.llrM ( ]sel jo 0urlearq ) reyt aprnord pue sluaua6uere e)eu oI

S C
 ,.
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6

Trustees will be held within one month from the date of registration of this Deed
of Trust.

7 OFFICE BEARERS OF THE TRUST:

Sl.No Name Profession Designation

1 ALI ASGAR SARDAR BUSINESS CHAIRMAN ( MOIWALLI)
2 KAZI ABDUS SALAM RETIRED VICE-CHAIRMAN ( NAIB MOTWALLI)
3 KAZI FAZLA KARIM BUSINESS VICE-CHAIRMAN ( NAIB MOTWALLI)
4 HASAN REZA AGRICULTURE GENERAL SECRETARY
5 KAZI MAHTABUDDIN AHI\4ED BUSINESS ASST. GENERAL SECRETARY
6 MOKHTAR ALI SARDAR BUSINESS ASST. GENERAL SECRETARY
7 SEKENDAR ALI SARDAR BUSINESS TREASURER

8 IV1UNSHI MATIAR RAHMAN RETIRED ACCOUNTANT/ASST. TREASURER

9 SK. FEROZ BUSINESS SECRETARY ,/ MEMBER
10. KAZI HABIBUR RAHAMAN BUSINESS SECRETARY ,/ MEMBER
ll IVUNSHI MD. NASIM BUSINESS SECRETARY ,/ MEMBER
12. SADEK ALI SARDAR BUSINESS MEMBER

13 ZULFIQUAR ALI SARDAR BUSINESS MEMBER

14. NESAR AHMED MULLICK BUSINESS MEMBER

15 VACANT

16 VACANT

17. VACANT

8" QUORUM :

Fifty per cent of the Board of Trustees at a meeting shall forrn a quorum for any
meering of the TRUSTEES.
L VACANCIES :

A person shall cease to be a Trustee in any of the foilowing events :

a ) if he dies; or
)
b if he becomes bankrupt; or
c) if he becomes insane or otherwise become incapabre to acu or
d) if he resigns his office.
e ) if he absents from three consecutive meetings of the Board, unless the
Board records condoning such absence in the Minutes of the Meeting
of
the Board of Trustees for substantlal cause.
 t
a' 7

f) if he convicts in any crintinal offence involving moral turpitudes.

s) if he acts or does anything detrirnental to the interests of the Trust.
h) if he is declared physically or mentally unfit by a resolution of the Board
at a meeting convened for the purpose subject to medical evidence.
ln case of any vacancy arising amongst the Trustees, new Trustees shall be
nominated and appointed from the generi:l members in the category of members
descendants,/heirs of the above said Kazi families as mentioned in the Deed of
Trust and such persons shall be of sourrd mind, who are not employees of the
Trust, and shall be of above 18 ( Eighteen ) years of age and shall subscribe to
the objects of the Trust. The Board of Trustees by a two-third majority of the
members attending the meeting convened for the purpose, shall fill up the
vacancies in the Board of Trustees.

10. TERMS OF OFFICE OF TRUSTEE

The Board of Trustees shall elect the offict; bearers from amongst themselves within
a month of the formation of the Trust and they shall remain in office for 5 ( Five )
years. The Board will elect the office bea.ers for the next term within a month of
the expiry of the term.
11 POWER OF TRUSTEES:

The Board of Trustees will function as a guardian and apex body of the Trust.
The Board shall manage. administer and control properties and all assets of the
Trust directiy or indirectly and all institutior under or connected with the Trust. The
Executive Power of the Trust shall be vested upon the Working Committee to be
formed for the purpose subject to recommendation of the Board of Trustees. The
Board of Trustees shall have full powers to dissolve the Working Committee. The
Working Committee will be known as "KAzl MASJID COMMITTEE".

12. WORKING COMMITTEE OF THE TRUST AND ITS OFFICE BEARERS:

A) The Working Committee of the Trust shall consist of 31 ( Thirtyone ) members

out of which :

a) 17 (Seventeen) members shall be frorn the Office-Bearers of the Trust;

b) 14(Fourteen) members shall be from the locality in the category other than the
members as stated under sub-clause ( a ) of this clause in the manner as
indicated below:

1) From Kazi Para Lane 6 members,

2) From Danesh Molla Lane 3 members,

3) From Kazi Saiful Alam Lane 3 members,

4 ) From IVlolla Para Lane I member, and

5 ) From G.T. Road, South, Kazipara crossing to Bharpara Road crossing, 1

member.
 u
8

B) The members of the working committee shall elect from amongst themselves the
following office bearers, President. General Secretary and Treasurer will be from
the category of members as stated under sub-clause ( a ) of this clause. And
the 2 Vtce-Presidents,2 Assistant General Secretaries and 3 Secretaries shall
be elected from any category menrioned above.
C) Casual vacancy in the working committee shall be filled up through Co-option
from the category in which the vacancy occurs.
13 OFFICE BEARERS OF THE WORKING COMMITTEE:

a ) The term of the Office Bearers of the Working Committee shall be 3 ( Three )
years from the date of taking over charge;
b ) Officer Bearers of the Trust will be the Office Bearers of the Working
Committee in addition to 14 (Fourteen l members of the Working Committee,

14. LIST OF MEMBERS:

A list of members containing name and address and other description shall be
prepared annually and shall be published before the Annual General Meeting. lt will
be opened for inspection to any member.
15. FUNCTIONS OF THE WORKING COMMITTEE:

i ) The Working Committee will be the competent body to take any decision
and undertake to do all kinds of acts on behalf of the Trust and for the
best interest of the Trust;
ii ) The Working Committee will be in-charge of all documents, records, assets
of the Trust;
iii ) There shall be one or more sub-cornmittees to aid and advice and to
execute any act entrusted by the Working Committee;
iv ) The Working Committee will sit as and when necessarv, but there shall be
one meeting at least once in every three months to review the work
undertaken, to resolve any proposal or take any decision on behalf of the
Trust;

v) President,/Motwalli,uChairman Elected bv the Board of Trustees will preside

-
over the meetrng. No resolution will be effective without the signature of the
President presiding over the meeting. The President shall have the power to
convene emergency meeting with a three-days' prior notice.
vi ) Vice-President - Elected by the Board of Trustees will act and discharge
the same function as that of President in his absence:
vii ) General Secretary Elected by the Board of Trustees. The Working
Committee will perform all functions through General Secretary. The General
Secretary will hold office tili he is recailed by the Board of Trustees or a
resolution of no confidence adopted against him. The General Secretary will
be incharge of all records, deeds, documents, papers, assets,
 ,.
9

correspondence and accounts of the Trust. The General Secretary shall carry
out all theresolutions approved by the Trust and for that purpose shall
have the power to incur necessary expenditure from and out of the funds of
the Trust subject to a maximum of Rs. 1o,ooo,z - ( Rupees Ten Thousand )
Only and anything in excess is to be incurred with the sanction of the
Board of Trustees.
viii ) Assistant General Secretaries elected by the Working Committee will assist
the General Secretary in all affairs of the Working Committee. ln absence of
the General Secretary and on request they shafl have the powers and to
perform duties of the General Secretary;

ix ) The Treasurer elected by the Board of Trustees shall collect and receive all
sorts of subscription, donations and deposit of money and grant receipt of
money thereof . He will maintain and keep cash book and such other
accounts as necessary.

16. MEETINGS:

a ) l/leeting of the Working Committee will be convened by notice with a clear

z ( Seven ) days' prior notice. Emergt ncy meeting may be
convened by the
President,/Nlotwalli or General Secretary with 3 ( Three ) Oays notlce. There
shall
be at least one Generar Meeting irr every year to approve ail proposars.
decisions of the working committee. The representatives from the non -trustee
members will be selected in each three years.
b ) Annual Generar lVleeting wirr require er quorum of two-fifth (?/5th
) members
and the decision wifl be taken with the opinion and approvar of the majority.
c ) No trust move will be accepted with two-thlrd majority of members present in
the meeting.
d ) Agenda will be clearly stated in the notice
17. SUB-COMMITTEES:

a ) The working committee may appoint one or more sub-committees, assist"

advice and execute any decision of the Working Committee. The Sub-Committee
will consist of five members. Any member of the Working Committee will head
the Sub-committee and work under the guidance of the working committee.
b ) The General Secretary of the Working Committee will be the ex-officio convenor
of the sub-committee.
18. APPOINTMENT OF EMPLOYEES:

i) The Board of rrustee shail have ail power to emproy necessary staff for
management. administration and running of the Trust in general
and of the
lnstitutions viz. Kazi Masjid, Kazi Burial Ground and such others
in particular
and to fix reasonable salaries and rs;y1s11gration and or such terms as
may
appear proper for the purpose of achieving of the objects of the
Trust. They

I
 ,,
* 10

may be allotted or entrustr:cl with such duties and responsibilities as the

Board would deem fit.
ii ) lt shall be competent to the Board to remove the staff referred above
without assigning any reasons thereof one month's prior notice and/ or
payment of one month's remuneration.

19. RECEIPTS OF CONTRIBUTIONS:

All the funds should be received only on account of or in the name of the Trust
and receipts should be issued under seal of the Trust and must be signed by the
Chairman ( Motuwalli ) of the Board r.rf Trust or the persons authorized by the
Board by a resolution recorclecl in the minutes book. No money or propeny shall
be received or used except for the purpose and objects of the Trust.
20. BANK ACCOUNTS:

The Bank Account shall be opened and operated jointly by the chairman
( Motwalli ) and either General Secretary or the Treasurer of the Working
Committee.

The Board has right to change signatories for this purpose in a Board lVeeting
convened for this purpose and with two-third majority.

21 BArT- UL- MAAL(Ft NANCTAL HOUSE):

i) Bait-ul-maal will be operated strictiy under the provision of lslamic Law and
will be for the maintenance of the orphans. old age and render financial
assistance to the people in distress, and to render financial assistance.
award of scholarship to the deserring meritorious students of the Institutjon
under the l\/anagement of the Board;
ii ) The Bait-ul-maal Sub Committee of the Working Committee will be in
charge of this Fund. The General Secretary of the Working Committee will
be Convenor of the Fund of this Sub Committee;
iii ) The Bait-ul-maal Sub Committee specially will consist of member not more
than nine and preferably, they will be conversant with lslam laws, principles
and ideals;
iv) The Bait-ul-maal Sub Committee will be formed by the Working Committee;
v ) There will be a separate Bank Account of the Bait-ul-maal opened and
operated by the Chairman ( Motuwalli ) of the Board jointly with General
Secretary of the Working Committee who is Convenor of Bait-ul-maal Sub
Committee.

22. FINANCIAL YEAR:

The financial year of the Trust shall be 1'r April to 3l'i ttlarch of each year or it
can be changed by the advice of the Chartered Accountant,/Auditor appointed for.
the Trust.
s,
11

23. AUDIT:

An Auditor,/Chartered Accountant will be appointed by the Working Committee who

will inspect the accounts, income and expenditure, title deeds of the Board. The
Audit Report to be placed before the working committee for approval and
thereafter, to the Board' Books of Accounts shall be kept open for inspection every
year.

24. SUITS AND LEGAL PROCEEDINGS:

The Board or anyone or more of the Trustees may apply for advice or the
direction to the court as occasion may arise. The Board may by a Resolution
passed specially or generally in case the Board of rrustees may sue or to
be
sued in the name of the General Secretary of the Working Committee, at any time
and from time to time, authorize any of the Trustees by power of attorney or
otherwise the General Secretary of the Working Committee to represent the Board
of Trustees i.e. all Trustees.
i ) To institute, conduct, defend, compound, withdraw or compromise. adjust,
refer to arbitration or abandon any legal or other proceedings, claims or
dispute against the Trust or Trustees or against its officers or employees
concerning the affairs of the Trusu

ii ) To sign, verify vakalatnamas, plaints. statements, affidavits and other

proceedings before all courts, tribunals and other Government authorities;
iii) To enter into any agreement or contract or to execule and/or register any
documents;

iv ) The Board may take any otlrer step as it may deem fit to meet any
contingency affecting the Trust in any legal proceedings or any other matter.
25 BOARD MEETING:

i ) A meeting of the Board shall be held ordinarily at least once in six months
or earlier on the requisition of at least one-third of the Trustees to consider
the affairs of the Trust and all proceedings of the meeting shall be recorded
in the minutes book to be preserved by the Generar Secretary of the
Working Committee on behalf of the Trust;
ii ) Notice of every meeting of the Board together with the Agenda shall
ordinarily be given by the General Secretary of the Working Committee at
least seven clear days before the proposed date provided that in case of
emergency there wiil be no time Iimit for serving the notice;

iii ) The Chairman ( Motuwalli ) of the Board of Trustees shall preside over all
meetings of the Board of Trustees. ln the absence of the Chairman
in the
meeting, the Vice-Chairman ( Naib Motuwalli ) shall preside" ln the absence
of both, the Trustees present therein may elect a member to preside over
the meeting.
 ,.
q(

12

iv ) Every question which shall arise at any meeting of the Board shall be
decided by a majority of votes of the Trustees present and in case of
equality of votes, the chairman of the meeting shall have a second or
casting vote, but in no other event, shall any Trustee have more than one
vote and there shall be no vote by proxy;
v ) The proceedings of every meeting shall be entered in the minutes book
maintained for the purpose and signed by the Trustees present at the
meeting. Chairman of the Board of Trustees and General Secretary of the
working committee should sign at the end of the proceedings of each
meeting;

vi ) No proceedings of the meeting of the Board shall be invalid.

26. AMENDMENTS TO THE PROVISIONS OF TRUST:

lf any time it is found that alterations in any of the provisions of the Trust or
Scheme for the purpose of effective achievement of the objects of the Trust are
imperative and very essential. then the Board shall approve such alteration by a
resolution passed with the majority of three-fourth of its members present in its
meeting and thereafter, the modification shall become part and parcel of the terms,
conditions and provisions of this Trust and of this Scheme.

The Board may at any time and from time to time make, amend, delete and
rescind rules and bylaws for the conduct of this business, for the control,
management and administration of the Trust made under this Trust Deed and for
carrying out the objects of the Trust relating to any matter under this Scheme,
provided that such rules and bylaws shall not be inconsistent with or repugnant to
any orovisions of the Scheme of the Trusi,
27 a ) The Trust will never act which is illegal and unlawful in nature and
also oppose to the public policy and contrary to the law of the country for
which the Trust and the Trustees are responsible for that and the whole
Trust is void and shall come under all punishable laws.
b ) The Trust will never act like micro financing, micro credito franchise
and money laundering (Act of 2012), economic offence,/crime and in nature
and shall not obtain any donation or like that from abroad without getting
the permission of FCRA Act from the Central Government,/the competent
Government authority which the Trust and the Trustees are responsible for
that and the whole Trust is void and shall come under all punishable laws.
c) The Trust shall never borrow and/or augment money from the public
or open nrarket by announcing attractive financial investment scheme.
d ) The Trust shall collect any donation from any corner by maintaining all legal
rules,/norms with valid documents,/receipts.
 13 ,

28 All aims,/objects,/purposes of the Trust herein stated above shall come into
effect,/force after necessary approval of the competent Government Authority in the
cases whether affiliation,/permission,/license,/sanction is required. The Trust may
assist,/donate the other Trust to carry out the various objects mentioned in the
objects clause in such manner and to the extent the Trustees may decide upon
from time to time.
29. The TRUSTEES may invest the Trust Funds or any other moneys subject to the
Trust of these presents in any securities or investments authorized by law such as
the lncome Tax Act, 1961 and lndian Trusts Act, 1882 for the investment of Trust
Funds and in particular, though however, no such investments shall be made,
which may otherwise affect, hamper the activities of the Trust or in carrying out the
objects of the Trust as per Section 2l of the said Act.
30. The TRUSTEES shall be at liberty to sell and realize any part of the Trust Funds
not consisting of moneys and invest the sale proceeds thereof and or any other
moneys forming part of the Trust Funds in any of the investments herein before
mentioned and to vary or transpose any such investments for or into others herein
before intentioned as they may from time to time think fit.
31 No portion of the income and property of the 'lrust shall be paid or transferred,
directly or indirectly, by way of dividends, bonus, profits, or otherwise, to any
persons who at any time are or have been members of the Trust or to any one
claiming through them as per SEBI rules.
32. lf the income from the trust property in a parlicular year is not fully utilized. the
unexpended income subject to the applicable provisions of the lncome-tax Act,
1961, shall be carried over to the next year or years and spent in such
subsequent leor 9p years for the advancement of any of the objects of the Trust"

33" The Trust shall be at liberty at its rjiscretion to accept any contributions or
donations to the Trust Funds from any persons or agenctes to be held for the
purposes of this Trust in any form ( such 'L - cash. shares, stocks, land and
buildings, technical know-how, rights. patents, animals, equipment, etc. ) but subject
to the condition that the contributors or subscribers other than Trustees shall not be
entitled toparticipate in or have any voice or control in the management or
administrationof the trust of these presents or the application of such contributions
or donations and the Trustees shall hold the same upon the same Trust and
sublect to the same powers, provisions and stipulations as are herein contained.
34 Similar-ly, the Trust shall also be at liberty to accept or obtain loans from any
source including from financial institutions in lndia and abroad, international
developmentai organizations etc. in performance of its objects at such terms as they
may deem fit.
35. The TRUSTEES may pay all charges and outgoings payable in respect of any
immovable property for the time being forming part of the TRUST FUND and may
catry out repairs required to be done to the same and keep the same insured
 '}
t4

against loss or damage by fire and may incur all other costs, charges, and
expenses incidental to the administration and management of the Trust Estate and
the properties for the time being belonging to the Trust as they may in their
absolute discretion think fit.
36 The TRUSTEES may join, co-operate and amalgamate the trust created by these
presents or any portion thereof with any trust or institution paying allied and or
similar objects upon such terms as they may in their absolute discretion think fit.

37 The TRUSTEES may from time to time frame schemes and rules and regulations to
carry out the objects of the Trust and for managing the affairs of the Trust and
otherwise for giving effect to the objects and purposes of the Trust and to vary the
same from time to time as the Trustees may in their discretion deem fit and
proper.

38. With a resolution of only two-third majority of the Board of Trustees the following
nratters shall be effective and the Trustees shall have the powers to do the
following acts-

i ) Any clause of this Trust Deed can be amended ( including the narne of the
Trust ) in so far as it does not affect the main objects as well as the spirit
behind for conduct and management of the Trust.

ii ) Any other Trust with similar object can be merged with this Trust provided
the merger does no affect the activities of this Trust financially or otherwise.
39" APPL|CAB|L|TY OF THE tNDtAN TRUST ACT, 1882 :

The provisions of the Indian Trust Act., 1882 shall apply to all matters not
specifically mentioned in these presents violating the sanre in any part, the whole
trust is void.
40. LAWFUL PURPOSE OF THE TRUST ;

The Trust is created for lawful purpose only and the purpose of the Trust is
lawful unless it is -

a ) forbidden by law or,

b ) is of such a nature that. if permitted, it would defeat the provisions of any
law, or

c ) is fraudulent, or

d ) involves or implies injury to the person or property of another, or

e ) the Court regards it as immoral or opposed to public policy

Therefore, the Trust of which the puroose is unlawful is void, and where a Trust
is created for two purposesr of which one is lawful and the other unlawful and
the two purposes cannot be separated, the whole Trust is void.

I
 i
15

41. APPLICATION OF INCOME TAX:

To perfornr that notwithstanding herein c;ontained in the income as the corpus of

the Trust fund the same shall be applicable and applied to for public charitable
purpose only within such territories and subject to such conditions or limitation if
any as may from time to time be laid clown by the lncome Tax Act, 1961 or any
other acts governing taxation of income the wealth of public charitable trust so as
to render the Trust hereby established as well as its income eligible for exemption
from taxation under such Act or Actso now or prevailing or any modification,
replacement thereof.

42 To act in such a way that the Trust hereby established shall always retain the
status of one such Trust to which provisions of Section
80G/l2AlFCRA/35ACl1O( 23C)\V/V/VlA of the lncome Tax Act, 1961 or any
modification repiacement thereof for- the time being in force shall apply so that any
donation or contribution thereto is recognized as eligible for exemption or relief from
tax in the) hands of the Donor.
_S_QHED-IJIE OF THE PROPERTY
AT PRESENT THE TRUST HAS NO IMMOVABLE AND LANDED PROPERTY SAVE AND EXCEPT THE
TRUST VALUE AMOUNTTNG RS.1O,OOO/ (RUPEES TEN THOUSAND) ONLY tN tTS OWN NAME AND
NO IMMOVABLE AND LANDED PROPERTY IS BEING SETTLED IN FAVOUR OF THIS TRUST BY THIS
DEED.

lN WITNESS WHEREOF the Settlor and the said Trustees have herewith set and
subscribed their respective hands and seals the day and year first hereinabove written.

SIGNED. SEALED AND DELIVERED by the

Within narned SETTLOR & TRUSTEES at AAr 8-€"e *ct>2.€S_
Kolkata irr presence of: (ASGAR ALI SARDAR)
Settler
,. $a-rrn^o*4 Lu'
Y" Src.(^^l$d A" &'#?*r-' 8e2*
(ASGAR ALI SARDAR)
i ?an"',La#l Trustee No. /
"\LK*J
g i t t)oltn. [.]-o t":-71r o')-_
,*;'

P.o - St.^UPorrr t+"*w

?.S tt..ru ?oh-r- (HASAN REZA)
Trustee No.2
2-" {gru' furA k}q,
I o $rea,< K t4 A^l
&er &/,4 s,b*'
z +6fi,, Cn,T,eOprD, (KAZI ABDUS SALAM)
?,0 Lg,s:- sHtBPuK Trustee No.3
l-for"l0Atl-tlll02,
 ,.

t6

. r
"'r\r
KA,- 1"l,at+/c';V$"
(KAZI MAHTABUDDIN AHMED)
Trustee No.4

\z-y^'€b'Jdl*V#;r^"
(KAZ! FAZLA KAR|M)
Trustee No.5

Wi tla!,t /rrrf,l^-^U
(KAZ| HABTBUR RAHAMAN)
Trustee No.6

-lY-"L;W"r*W
(MUNSHI MATIAR RAHAMAN)
Trustee No.7

SaU,Nft{,'Sa,l*244
(SADEK ALI SARDAR)
Trustee No.8

(2J %{=,4g1 3t
(SK. FEROZ)
Trustee No.9

D rv+60 oy,

)r"l L--a-*/
Sukumar Das
Advwate
High Court, Calcutta
Enrol. No. F191612008