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Dhalibill Bara Masjid Trust Deed

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0% found this document useful (0 votes)
1K views11 pages

Dhalibill Bara Masjid Trust Deed

Copyright
© © All Rights Reserved
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TRUST DEED
DHALIBILL BARA MASJID TRUST
THIS DEED OF DHALIBIL BARA MASJID TRUST
is executed on this the 3rd day of December Two Thousand Twenty-
Four
(03-12-2024) at Village. Dhalibill, P.O. Dhalibill, P.S:- Ramakrishna Nagar, Dist:-
Sribhumi (Karimganj), State:- Assam, Pin:- 788166.
Contd . P / 2
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By:-

1. EKHLASUR RAHMAN. ( PRESIDENT )

Father’s Name: AYUB ALI.

2. RAFIQUE UDDIN. ( SECRETARY )

Father’s Name: LATUB ALI.

3. MAHABAT ALI. ( JOINT SECRETARY )

Father’s Name: CHAKHI ALI.

4. NAJU RAHAMAN. ( VICE PRESIDENT )

Father’s Name: BASIR ALI.

5. AJADUR RAHAMAN. ( TREASURER )

Father’s Name: TABARAK ALI.

6. MATAHIR ALI. ( MEMBER)

Father’s Name: ROIS ALI.

7. ABUL KHAYER. (MEMBER)

Father’s Name: FATIR ALI.

8. ABDUL HAMID. ( MEMBER )

Father’s Name: MONJIR ALI.


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(All the parties are hereinafter referred to as the Authors or Founders or


Permanent Trustees of the Trust which terms wherever the context admits and
permits shall mean and include their heirs, successors administrators, legal
representative and assignees) is as follows:-

A) WHEREAS, the Authors and Trustees proposes to register a charitable


trust under Indian Trust Act. 1882 consisting of the above –mentioned trustees
in order to perform the religious activities for the purposes herein below and
they have contributed an initial amount of Rs 10,000 (Ten Thousand) equally,
hold such funds in the Trust for expenditure on various documentation.

B) Trustees which expression shall mean and include their respective heirs,
executors, and assigns or all the trustees as above and include any other
trustees for the time being and the trustees shall constitute the board of
Trustees.

C) Whereas the parties of the Eight (8) Members are the Permanent Trustees
for “DHALIBILL BARA MASJID TRUST”, having its office at Village. :-
Dhalibill, P.O. :- Dhalibill, P.S. :- Ramakrishna Nagar, Dist. :-
Karimganj (Sribhumi ), State. :- Assam, Pin. :- 788166.

ACCORDINGLY, NOW THIS DEED WITNESSES AS FOLLOWS:

1.The authors hereby confirm that they have jointly herein founded the Trust
under the name of “DHALIBILL BARA MASJID TRUST”, and they have
declared that property bearing Mouza :- Dhalibill Part I, Patta No:- 0, Dag No:-
199 ,200, and 201, measuring to an extent of 1 Bigha 13 Katha land situated at
Village. :- Dhalibill, P.O. :- Dhalibill, P.S. :- Ramakrishna Nagar, Dist. :-
Karimganj (Sribhumi ), State. :- Assam, Pin. :- 788166. as Trust property
(contributed by the forefathers of the Authors of the Trust) appointing themselves
as the Permanent Trustees for the objects and purposes herein below and they
hold such funds in the Trust now.
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2.The aforesaid Authors of the Trust on and from the execution of this Trust
Deed shall continue to have hold and stand possessed of the Trust funds (which
expression shall mean and include the investments in cash in kind or on any
nature whatsoever into and for which they said property or any part/parts thereof
may from time to time by the executive committee or the Board of Trustees and
together with all income , profits additions ,accreditations there of absolutely
upon the Trust for the objects set out herein subject to the provisions and
conditions hereinafter contained in these presents.

3.The name of the Trust shall be “DHALIBILL BARA MASJID TRUST”,


having its office at Village. :- Dhalibill, P.O. :- Dhalibill, P.S. :- Ramakrishna
Nagar, Dist. :- Karimganj (Sribhumi ), State. :- Assam, Pin. :- 788166.
which may be shifted to any other place/places at the Board of Trustees or the
executive Committee may by majority decide.

4. AIMS AND OBJECTS OF THE TRUST:

a) To perform Namaj regularly, Tablig E jamath, Maktab Education and


Waz Mahfil for every year and to conduct other religious activities in
the regular manner.
b) To maintain the mosque and to improve the mosque activities and to
collect the donation, and to spend the said amount to mosque and also
religious activities.
c) To receive voluntary contributions, donations, gifts endowments,
incomes and other amounts in India and form NRI’s abroad.
d) To receive all properties movable or immovable by transfer, taking
over, assignment, purchase, gift, donation, entrustment and lease or by
any other mode.
e) To gift, grant, exchange, lease or otherwise, properties of all kinds,
both movable and immovable and convert one kind of property into
another.
f) To improves or to add to the corpus of the trust.
g) To gift, grant, exchange, lease or otherwise, properties of all kinds,
both movable and immovable and convert one kind of property into.
h) To receive money and to grant receipts and discharge thereof.
i) To borrow money other persons for the purpose of the trust.
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j) To sell, purchase, lease out or give on license or otherwise dispose of


or alienate all or any of the properties of the trust, and that the proceeds
of such sale shall be expended for the cause and re-orgientation of
trust objective of trust mentioned above.
k) To sue , commence ,continue , defend , prosecute , initiate any legal
proceedings, including criminal action , complaints, prosecution, to
recover debts ,monies or to enforce obligations, contractual or
otherwise, to recover compensation ,damages for bench of contract
either jointly or by authorizing any one or more Governing council
members in that behalf and to compound , compromise , relinquish any
right, dispute, suit , proceeding ,debt, money , obligation in the interest
of the Trustee including criminal action ,complaints , prosecution ,to
recovery debts , monies or to enforce obligations , contractual or
otherwise ,to recover compensation , damages for bench of contract
either jointly or by authorizing any one or more Governing council
members in that behalf and to compound , compromise ,relinquish any
right dispute, suit proceeding ,debt ,money obligation in the interest of
the trustee.
5. BOARD OF TRUSTEES:
Depending upon the nature and volume of work to be transacted in the
Board, they shall be a committee of trustees, which shall not exceed (Eleven)
11 whose term shall be life time. The board shall have the power to nominate
the live member to the trust on the terms and conditions specified from time
to time. The life members cannot participate in the board meeting of the
trustees. However, the Board shall have the power to co-opt three persons
from life members for a period of two years by rotation accordingly to
seniority. They can then participate in the deliberations of the Board meeting
as they shall have no power to vote.

6. OFFICE BEARERS: The Board of Trustees may elect or nominate the


following office bearers from time to time from among the permanent
Trustees whose term shall be six years.

1. PRESIDENT

2. VICE –PRESIDENT

3. HON’ SECRETARY
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4. HON’ TREASURER

7. ADMISSION OF LIFE MEMBERS : A written application in the


prescribed form for admission as a life member shall be sent to the secretary
of the trust signed by the applicant ,proposed by anyone of the Trustees and
second by any one of other life members of the Trust. Such applications shall
be placed before the Board of Trustees for considerations.

8. CANCELLATION OF MEMBERSHIP:

a) Any member resign his membership of the Trust by giving two months
notice and indicate his intention to do so in writing to the secretary on the
expiry of such period of notice, he shall cease to be a member.

b) A member shall deemed to be disqualified if such a member is

1. Adjudged as an insolvent in the case of an individual.

2. Found to be of unsound mind by a court of competent jurisdiction or

3. Convicted of a Criminal Offence involving moral turpitude.

c) The Board Trustees reserves to itself the right to expel any member in case
he/she does any act or pursue any conduct that is either in contravention of the
object of the trust or is detrimental to its interests or in any way injurious to its
welfare, credit or reputation. But no resolution for the expulsion of a member
shall become effective unless it has been approved by the board of trustees
with ¾ th majority.

9. CONSTITUTION OF THE BOARD OF TRUSTEES: The Board of


Trustees Consist of the following members.

a) Trustees (i.e, Life time)


b) Co-opt members from life members.
i) FILLING UP OF VACANCY : In case of death of any trustees, his eldest
male descendent in the male line and following him any other person in the
family who has attained the age of majority and who is in the opinion of the
remaining Trustees ,fit to act as trustees .He shall be the Trustee in his place.
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ii) In case of occurrence of vacancy by reason of death or resignation


or incapacitation of any Trustee or for any other cause, the remaining
Trustees shall be select by majority of votes, a new Trustee from
among life members. In case of two or more persons getting equal
votes, the president of the Board of Trustees shall have a casting vote.

iii) DISQUALIFICATION: A trustee of the board shall be declared


to have evacuated his seat in the Board.

a) If he is adjudged an insolvent.
b) If he is found to be a lunatic or of unsound mind.
c) If he is convicted of a criminal offence
d) If he resigns his seat on the board or
e) If he acquires any disqualification under these rules.

10. MEETING OF THE BOARD OF TRUSTEES:

a) The Board of Trustees shall ordinarily meet once in a month to discuss about the
various activities of the Trust.

b) Special or emergent meetings of the Board of trustees may also be


convened by the president or in the absence of the President, by the vice- President.

c) The President or in his absence, the vice-president shall preside over the special
meeting of the Board of Trustees. On receipt of a requisition signed by not less than
six Members of the board of trustees specifying the purpose of Which the special
meeting is to be convened such special meeting shall be held within 30 days after the
receipt of such requisition in the office of the Trust.

d) Notice of every ordinary or special or emergent meeting of the trustees shall be


issued by the secretary to every trustee, three clear days before the date of meeting
with agenda to be transacted at such meeting.

11. POWERS AND FUNCTIONS OF THE BOARD OF TRUSTEES:

The board of Trustees shall without prejudice to the general power


conferred on them in the Trust deed have power:
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i)To purchase, take a lease or otherwise acquire land with or without a


building or buildings thereon or to erect, construct and build or alter any building
thereon for the purpose of the Trust and to pay for same is cash or otherwise

ii) To engage the service of Architects Engineers, contractors or other


staff members for the purpose of the Trust and to pay them such remuneration as may
be found necessary.

iii) To insure or keep insured all or any of the buildings or other


properties of the Trust and incur and pay the necessary expenses for the same.

iv) To engage the services of the advocates solicitors and other experts
for the purpose of the trust, to pay such remuneration as may be found necessary to
authorize all or any of them to represent the trust in all constituted courts of law or
before any arbitrator or arbitrators’ office of officers or any commission in
connection with any measure affecting the interest and welfare of the Educational
Institutions and other welfare measures.

v) To incur and pay all expenses necessary for carrying out of the aims and
objects of the Trust.

vi) To open one or more accounts in the name of the trust in India and
deposit moneys of the trust in such accounts and to give instructions to the Bankers as
to the persons entitled to operate therein.

vii) To collect and receive subscriptions, donations and endowments for


the purpose of the Trust and to deposit moneys so collected in schedule Banks and
invest the surplus funds of the Trust in such securities as may be deemed safe and
desirable.

viii) To nominate and depute delegates of the Trust to attend and take part
in proceedings of conferences, committees and similar bodies connected with
Education and other welfare activities of the Trust.

ix) To constitute as many sub–committees as may be necessary for the


efficient management of the following items.

a) Budget and Finance,


b) Works,
c) Purchases,
d) Staff selection,
e) Admission of students,
f) Other sub- committees as decided by the board from time to time.
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x) The activities of the trust to receive any donation in any shape or form
as and when given by the founder Trustees and other persons as gift or
donations and to hold the same as part of the capital fund or corpus fund of the
Trust. If such donor expresses his desire to treat the same so or to make it
available for the application to further the objects of the Trust treating the same
as an income of the Trust.

xi) To invest the funds of the Trust in the modes specified under the
provisions of sec 13(1)(d) read with section 11(5) of the Income Tax Act 1961
as amended from time to time.

xii) To maintain all accounts of the Trust regularly and arrange for audit
of accounts by a chartered accountant and the annual accounts shall be closed
by 31st March of every year.

xiii) No amendments to the Trust Deed/By Laws/ Rules and Regulations


shall be made which may prove to be repugnant to the provisions of section
2(15), 11, 12, &13 and 80G of Income Tax Act of 1961, as amended from time
to time. No amendment shall be carried out without the prior approval of the
commissioner of Income Tax.

xiv) The funds and income of the trust shall be solely utilized for the
achievements of its objects and no portion of funds shall be utilized for
payment to Trustees by way of profit, interest, dividends etc.

12. In the event of the trust becoming dissolved or wound up, the assets
remaining as on the day of dissolution shall under no circumstances be
distributed among the Trustees, but shall be transferred to any other Charitable
Trust or Institution, Society, Association or co-operative Society having
similar object or objectives.
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IN WITNESS WHEREOF THE FONDER OF THE TRUST HAVE


HEREUNTO SET THEIR HANDS ON THIS DAY, MONTH AND YEAR
HEREIN ABOVE WRITTEN BEFORE THE FOLLOWING
WITNESSES:

WITNESSES: AUTHORS OR FOUNDERS OF

PERMANENT TRUSTEES

1 . NEJAM UDDIN 1.

Father’s Name: Atar ali 2.

Vill: Dhalibill.

3.

2. RASTUM ALI 4.

Father’s Name: Keramat Ali 5.

Vill: Dhalibill.

6.

DRAFTED BY :- 7.

JAYNAL UDDIN AHMED


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8.

Vill:- Chandkhani.

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