Syed Shakil Welfare Trust

The societies registration act, 1860

(Act 21 of 1860)

MEMORANDUM OF ASSOCIATION

And

CONSTITUTION

Of

 

SYED SHAKIL WELFARE TRUST

 

Registered Office

 

88, Goalnagar Lane, Police Station: Kotwali, Dhaka 1100

 

 

 

1. Name of Society/Trust: Syed Shakil Welfare Trust.

 

2. Registered office of Society/Trust: 88, Goal Nagar Lane, Police Station: Kotwali, Dhaka 1100.

 

A. Working Area of Society/Trust: Working area of this society is the whole of Bangladesh.

 

B. Type of Society/Trust: This society is completely a non-political, non-profit, voluntary and social welfare trust.

 

3. Aims and Objective of the Society/Trust: The Society/Trust is constituted to fulfill the following objectives. Obtaining necessary permission from government/proper authorities/relevant authorities before the objectives, will be implemented. Objectives contrary to the provisions of section 20 of the Act/Objectives will be deemed ineffective:

 

1. To organize honest, socializing, far sighted, intuitive, meritorious people of the command area and to determine the area of activities with their assistance.

 

2. To rehabilitate the marginal people of the society such as destitute women, elderly persons, children specially the handicapped.

 

3. To provide medical treatment to the destitute, introduce basic health service programs and develop democratic values by creating awareness for improvement of status of poor masses irrespective of faith, cast, creed with maintenance of human rights.

 

4. To take active role in the prevention of oppression to women, polygamy, child marriage, dowry system and drug addiction.

 

5. To arrange reception and grant stipends for the accomplished students, hold mass drama, quiz competitions in schools, colleges, madrashas as also competition for debate, extempore speech, recitals of poems, essay writing etc. unilaterally or in association with other associations or institutions.

 

6. To take part in any distress situations and take up relief and rehabilitation programs.

 

7. To provide financial assistance to the required renovation and preservation of religious establishments, mosques, temples, churches and traditional places of interests.

 

8. To cooperate in achieving appropriate/viable development of rootless people by improving the socioeconomic status of backward people of the society through setting up social research centre as also through community education and training in order to bring about basic changes in the socioeconomic situations.

 

9. To implement increasing income generation activities along with taking necessary steps for creating mutual belongingness, sympathy, empathy and brotherliness among people of all tiers with a view to preserve family/social harmony and ensure employment of destitute and poor people by setting up cottage industries. In addition to these, to dispense with technical and other supports to expansion of knowledge among destitute children and the aged.

 

10. To operate program for forest, plantation, agriculture, livestock farming/animal husbandry, pisciculture as also eco-system/environmental equilibrium and to establish concerns based on modern technology as well as legitimate business and encourage the people towards sanitation and supply of pure water by creating awareness about national rural problems.

 

11. To celebrate national and international days with proper dignity and arrange healthy recreational pursuits.

 

12. To provide necessary financial support for training of the marginal and small farmers with aims of producing more poison free crops in order to ensure food and nutrition.

 

13. To award “Syed Shakil Welfare Trust” medal and give financial grant at a time presently or post humously to persons keeping admirable marks of contribution to the areas of science , technology, industry, literature, education. welfare, education, culture, sports, journalism, social welfare etc. at national/international level. To provide financial grant to persons keeping distinct marks of achievements in such fields, being eligible to get sympathy due to severe disease, poverty or other causes. In addition to these, to provide grant to establishments/institutions of such activities.

 

14. To continue activities towards establishment of conscience based society through various social welfare works and attempts at creating gentle citizens.

 

4. Stipends and Financial Grants.

 

A. The board will ensure that the scholarship/stipend, grant and other financial accommodations to the persons selected on the basis of standard eligibility are rightly disbursed to the appropriate ones.

 

B. Quantity/Amont of materials/implements and scholarship/stipend and other financial accommodations to the students of primary, secondary and higher levels will be determined by the board.

 

C. The board shall constitute special committee and entrust it with the duties of determining the standard amount of honorarium/medal/special grant to any distinguished person engage in various activities and profession including industry, literature, education, culture, social welfare, sports, science, technology, journalism etc. if considered eligible.

 

5. Asset and Funds: Main sources of income of the trust include subscription of all the members, grant, donation at a time, admission fee, monthly and yearly subscriptions, donations and grants, by the benevolent people, financial assistance and donation from government as well as foreign establishments. “Foreign donation voluntaries resolution ordinance 1978” will be followed for foreign assistance.

 

A. Income of the trust can only be spent on implementation of its objectives, it can not be used as profit or bonus for distribution among its members. No part of its income can be distributed among the members as honorarium, profit-share, salaries, allowances, bonus or pocket money.

 

B. The accumulated fund of the trust will be retained in its account(s) in local or any schedule/commercial bank according the decision of the Trustee Board. Account(s) will be opened in joint names of three persons namely, President of the Trustee Board, Member-Secretary and one nominated member. Withdrawal of money from the said account(s) will be made with joint signatures of three persons, namely the President and other two. In the absence of the president, operation of Bank Account(s) and withdrawal of money can be made as per decision take during his presence earlier.

 

6. The trust may dissolve by the decision taken by 3/5 (Three parts out of five) of the total members on their unanimous consent. Any fund or property remaining surplus after repayment of debts by the trust will be transferred to an establishment having objectives and aims similar to those of the trust or the trust facing unavoidable dissolution for some special situation or reason, all the properties of the trust, remaining after settlement of all liabilities, will have to be transferred to Anjuman-E-Mufidul Islam, 5- S.K Das Road, Gandaria, Dhaka-1200. Anjuman-E-Mufidul Islam will spend the transferred money on people’s welfare or it will receive it according to income tax ordinance, D-15. In case of dispute on it, the judgment of competent court will be deemed final.

 

7. Name, occupation and position of first trustee board of the trust:

 

Sl No.

01

Syed Mohammad Shakil

Father: Syed Jamil Hasan

Mother: Late Joygun Nessa

Service in Abroad, Bangladeshi

88, Goal Nagar Lane, Police Station: Kotwali, Dhaka 1100

 

President

 

02

Syeda Nasrin Hasan

Father: Syed Jamil Hasan

Mother: Late Joygun Nesa

Housewife, Bangladeshi

88, Goal Nagar Lane, Police Station: Kotwali, Dhaka 1100

 

Vice-President

 

03

Jogendra Nath Sarkar

Father: Late Birendra Nath Sarkar

Mother: Late Kanchoni Rani Sarkar

Service, Bangladeshi

Village: Bashail, Post Office: Sonakhara, Rayganj, Sirajganj

 

Member Secretary

 

04

Syeda Shyla Begum

Husband: Mostak Ahmed

Mother: Late Joygun Nesa

Housewife, Bangladeshi

63/9, Shamibag Lane, Police Station: Sutrapur, Dhaka-1100

 

Member

 

05

Syeda Mahmuda Ruma

Husband: Syed Mohammad Shakil

Mother: Mst. Rowshan Ara

Service in Abroad, Bangladeshi

88, Goal Nagar Lane, Police Station: Kotwali, Dhaka 1100

 

Member

 

06

Syeda Shamira Abedin

Husband: Md. Rezaul Abedin

Mother: Late Joygun Nesa

Housewife, Bangladeshi

House No. 21, Road No.: 3, Block: G, Banasree Project, Rampura, Dhaka-1219

 

Member

 

07

Md. Rezaul Abedin

Father: Late M.M. Joynul Abedin

Mother: Late Nurjahan Abedin

Service, Bangladeshi

House No. 21, Road No.: 3, Block: G, Banasree Project, Rampura, Dhaka-1219

 

Member

 

 

The Societies Registration Act, 1860

(Act No. 21 of 1860)

 

CONSTITUTION

of

 

SYED SHAKIL WELFARE TRUST

 

 

1. Name of Society/Trust: Syed Shakil Welfare Trust.

 

2. Registered office of Society/Trust: 88, Goal Nagar Lane, Police Station: Kotwali, Dhaka 1100.

 

A. Working Area of Society/Trust: Working area of this society is the whole of Bangladesh.

 

B. Type of Society/Trust: This society is completely a non-political, non-profit, voluntary and social welfare trust.

 

3. Membership: Any person keeping in unison with the aims and objectives of the trust and interested to achieve that will apply in the prescribed form printed by trust along with fixed Tk. 500/- (re-fixable from time to time) as admission fee, to the president/member secretary. Letter of undertaking to pay monthly subscription of Tk. 100/- (re-fixable from time to time) will accompany the application, the president/member secretary in consultation with the board, may or may not grant membership.

 

4. Categories of Members: There will be three classes of members:

 

A. Founder Permanent Members: Persons signing up the memorandum will be deemed as permanent founder members each of them has to make a deposit of Tk. 5,000/- (Five Thousand) at least at a time or properties of same value as donation after registration. In the absence of that each of them has to give monthly subscription of Tk. 100/- (One Hundred) (re-fixable from time to time).

 

B. Donating life member: Any of the persons putting signature in the memorandum making a donation of at least Tk. 3,00,000 (Three Lac) or properties worth equivalent amount will become life member. Also a person, irrespective of birth and residence, paying a minimum amount of Tk. 5,00,000/- (Five Lac) at a time or unconditionally to the trust may be nominated as a life/donating members. And have not to pay monthly subscriptions, positions of the life members are ornamental and prestigious. The members will be invited to special functions.

 

C. Ordinary Members: All members other than the permanent members will be regarded as ordinary members. Any persons maintaining same views with the objectives of the trust and binding by undertaking to abide by the rules of the trust, desiring to becoming a member will be elected an ordinary member as per final decision of the executive council through filing application printed by the trust and paying fees as fixed from time to time.

 

5. Cancellation of Membership:

 

A. Any member may retire voluntarily.

 

B. Subscription falling arrears for the time over 1 (One) year.

 

C. Remaining absent consecutively from three meetings without showing any cause.

 

D. Working against interests of the trust.

 

E. On death, lunacy, insolvency or guilty adjudged by court.

 

F. On proof of involvement in any act subversive of the state.

 

G. Membership will automatically cease to exist if contact with trust remain cut off for a period not exceeding 6 (Six) months.

 

6. Revival of Membership: On submission of necessary bond with stamp and the application showing causes leading to cancellation of membership, along with a fee to Tk. 5000/- (Five Thousand) for revival of membership and arrear subscriptions (if any), to the president of the executive council of the trust, membership may be revived on consideration by the executive council of trust later.

 

7. Numbers of member of the Trustee Board /Executive Council, organizational structure, duration/tenure and control:

 

A. Members of Trustee Board/Executive Council: The executive council shall be comprised of minimum 7 (Seven) and maximum 11 (Eleven) members.

 

B. Structure of the Trustee Board/Executive Council: One president, One Vice-President, One Member-Secretary, four members will be selected. And in case of need, more than one Vice-Presidents one Joint-Secretary, one Finance Secretary and one or more members for discharging various duties may be selected for the same tenure/duration.

 

C. Tenure of working the Trustee Board/Executive Council: The Executive Council of the trust will select a 5 member Trustee Board/Executive Council for a terms of 5 (Five) years from among them in order to conduct and control the trust property. The previous Trustee Board/Executive Council thus selected will remain valid till the next Trustee Board/Executive Council is formed through election after 5 (Five) years. Mr. Mohammad Syed Shakil, Founder President and empowered by position will remain competent to nominate one of his family members as the next president.

 

D. Control of Trustee Board: Management of the trust invest on the Trustee Board/Executive Council.

 

8. Duties and powers of the Trustee Board/Executive Council:

 

A. The board will take up all the activities to implement all the aims and objectives of the trust including framing of all organizational and development programs.

 

B. The Board will provide financial grants for various purposes keeping within the constitution and make arrangements for recording overall accounts relating to financial transactions and receipts.

 

C. It will arrange various types of competition and functions in respect of education, literature, culture, sports etc. and be competent to repose any special duty to one or more committees.

 

D. The trust will constitute one or more committees, sub-committees/scrutinizing committees for implementation of aims and objectives of the trust. The members, may be nominated from among the members of the Board of Trustee or distinguished persons of its command area.

 

E. Board will remain competent to grant monthly emoluments to any clerk or assistant/member of Trustee Board for discharging ad-hoc or regular official work and arrange preservation of the related accounts.

 

F. The board will be competent to frame rule(s) not being contradictory to any article, sub-article of the constitution.

 

G. The Board, in support of the activities of the trust will make appropriate arrangements for institution of any case(s) and suit(s) conduct, self-defence. The board will be able to take steps for compromise or mediation of such activities, cases and suits, dispose or dissolve dispute.

 

H. Members of the Executive Council of the Board of the trust are totally empowered absolutely to attend to all matters of the trust in general and they will execute the following works specially: Taking steps to frame, modify, amend rules, regulations, clauses as required for efficient management operations of the this subject to approval of 2/3 (two thirds) of members present in the General Meeting.

 

9. Allocation of powers and duties of President, Vice-President and Member Secretary:

 

A. President:

1. The President is Chief Executive of the Trust. The founder president will be competent to stay as president for life by virtue of his post.

 

2. He will ensure convening of meetings of the Board as well as the committees and preside over meetings.

 

3. He will keep sharp watch over the activities of the trust in all places if they are being conducted properly as per the constitution.

 

4. He will supervise the duties of the member secretary if these are conducted properly.

 

5. He will direct the member secretary to convene meeting he himself will call meeting at need.

 

6. He will nominate 5/6 persons, from among the distinguished persons, as members of the board for two years and fill up any post being vacant before expiry of the term.

 

7. He will operate Bank Accounts and sign all types of cheques jointly with the member secretary and keep watch over the overall and as per expenditure of the funds of the trust.

 

8. He will remain competent to defray expenses as determined by the board from time to time. But it has to be approved in the Board Meetings.

 

9. In the case of equality of votes while taking decision on proposals over some issue raised in the meeting of the board he will have competency for casting vote and in case of any question or difference of opinion issuing out of any explanation as to any article or constitution, his explanation will be deemed as final.

 

10. He will be able to cancel the membership of any member under allegations with support of two thirds of the total members of the board in special situation in the interests of the Trust.

 

B. Vice-President: The trust will operated by the Vice-President. In the absence of the President, according to the decision of the Vice-President, Member Secretary and other members.

 

C. Member Secretary:

 

1. The member secretary will discharge his duties for implementation of aims and objectives of the trust according to decisions of the board or the directives of the President.

 

2. He will issue notice for meeting of the board and arrange all ancillary matters of the meeting as per approval of the president.

 

3. He will write down all the decisions taken up in the meetings, keep records of the trust, documents, maintain all properties and implement decisions.

 

4. He will prepare and publish Annual Report on the activities of the trust in consultation with the president.

 

5. He will sign all cheques jointly with the President and Place the Annual Audit Report before the meeting of the board after getting the Annual Income-Expenditure accounts duly audited by an auditor or Audit Firm nominated by the board.

 

10. Meetings:

 

A. At least 1 (One) board meeting will be held in a year. The member secretary, with permission of the President, will convene meeting on minimum seven days notice. But in emergent situation the president or the member secretary on his approval may convene a meeting at twenty four hours notice.

 

B. Quorum of the meeting will form with presence of one-third of members of the board and all decisions, plans or programs will be taken by simple majority votes.

 

C. On receipt of written request by one-third of the board members to hold board meeting for discussion and decision on constitution or any urgent or important matter relating to the principle, will direct the member secretary to convene meeting within fifteen days or convene the meeting himself.

 

11. Constitution of funds:

 

A. Main sources of funds include subscriptions of all the members, grants, donations at a time, admission fees monthly and annual subscription, grants and donations of the benevolent people, financial assistance from government and foreign organizations.

 

B. Donations or grants made voluntarily conditionally/unconditionally and without self interests by any benevolent person/establishment/institution/association.

 

C. Conditional/Unconditional donation or assistance or grant from any international donor agency/institution subjects to approval of the government, but that will be accepted in the light of the national interests.

 

D. Profits derived from term and savings deposits of the trust will be kept in scheduled bank/post office savings bank/national savings bureau.

 

E. “Foreign Donation Voluntaries Resolution Ordinance, 1978” will operate in the case of foreign assistance.

 

12. Receiving of Donations: Nobody excepting persons nominated by the President will be able to receive any type of donations in the name of the trust.

 

13. Preserved Records:

 

A. Register of Members and his nominated members.

 

B. Register for donation as received.

 

C. Register for proceedings of meetings.

 

D. Cash Book.

 

E. Register for making donations/expenses/grants.

 

14. Features of Funds:

 

A. Funds of the trust will remain as permanent deposits in schedule bank/post office savings bank/national savings bureau. The original funds can not be used under any circumstances. The share of profit earned on the savings/fixed deposits will be utilized in implementing the aims and objectives of the trust as included in the constitution according to decision of the Trustee Board.

 

B. Expenditure of money exceeding eighty percent (80%) of total profit can be spent per year with aim at increasing the amount of original fund. Unspent money will remain as deposit in scheduled bank/post office savings bank/national savings bureau.

 

C. The president may grant expenditure from the money of the trust in urgent needs, under his inherent power.

 

15.

 

A. Accounts of the trust will be opened by president, member secretary, one member nominated by board under their joint signatures.

 

B. Descriptions of all incomes and expenditures of the trust have to be preserved in one or more accounting registers. And

 

C. The President or the member secretary will make arrangements for intimation of matters to any member or life member willing to know about the financial conditions of the trust.

 

16. Audit and Accounts: Audit of all incomes and expenditures of the trust have to be done by a Audit Firm nominated by the board and approved by the government at least every two years.

 

17. Amendment of the Constitutions:

 

A. Consensus of two thirds of the total members of the trust has to be established for modification, addition, inclusion or shortening, cancellation or amendment i.e. anything new to any article or regulation of the constitution of the trust.

 

B. Special meeting has to be convened at fifteen days notice at the least for amendment of the constitution.

 

C. Article 12(A) of the constitution regarding non-spending of original fund of the trust can not be modified or amended. The article will remain unchanged.

 

D. Decision on the matters of amendment, modification, addition in the Memorandum of Association as also the constitution will be taken on the vote of 3/5 (Three parts out of five) of the ordinary members present in the meeting.

 

18. Saving: No decision or proceeding(s) of the board will become void for any incompletion or lapse in the constitution of the trust.

 

19. Dissolution of the Trust: Dissolving or winding up of the trust becoming inescapable/unavoidable for any circumstance or cause, all the assets of the trusts remaining shares after settlement of all the liabilities have to be transferred to Anjuman-E-Mufidul Islam, 5- S.K Das Road, Gendaria, Dhaka. The Anjuman-E-Mufidul Islam will utilize the transferred wealth for works meant for peoples welfare.