THIS DEED OF TRUST executed on this 17th day of Jan’ 2022 by the following person for the creation of public charitable Trust in the name of’’ Millat Charitable Trust”.
The deed shall be effective w.e.f. 01st January 2022
|Mohammed Idris Tanwar S/o Abdul Gafoor
|Haji Abdul Saleem S/o Abdul Latif
|Vigyan Nagar Kota 324005- Rajasthan
|Haji Talveez Ahmad Khoker S/o Ali Mohammad
|Vigyan Nagar Kota 324005- Rajasthan
|Mukhtar Hussain Ansari S/o Haji Mohammad Hussain Ansari
|Vigyan Nagar Kota -324005 Raj
|Retired Govt. Service
|Zakir Hussain S/o
|Vigyan Nagar Kota -324005 Raj.
|Hameed UL Haq S/o
Mazhar UL Haq
|Aakash Colony Kota Rajasthan-
|Retired Govt. Employee
|Mohammad Hafiz S/o
|Chhawani Kota 324007 Raj
|Imam Hussain Mansoori S/o Imamuddin Mansuri
|Vigyan Nagar Kota 324005-Raj
|Mirza Nafees Baig S/o
Gafoor Baig Chagtai
|Vigyan Nagar Kota -324005 Raj.
|96940***** , 81122*****
|Retired Bank Manager
|Ravish Siddiqui S/o
S N Siddiqui
|Vigyan Nagar Kota Rajasthan-324005
The Founder Trustees hold the sum of Rs.11000/- (Rupees Eleven thousand only each) including Trustees Membership fees on the Trusts declared on this deed and they expect that more money or assets will be acquired by them in the Trusts initially the working capital of Trust is Rs.77000/- (Rs. Seventy-Seven Thousand only), which is kept with Mr. Imam Hussain Mansoori (The treasurer of Millat Charitable Trust) in cash (Hereinafter called “The Founder Trustee”)
The Trustees membership fees is the sum of Rs.5100/- (Rupees Five Thousand one Hundred Only Each) and will be collected after Registration of The Trust in the Bank Account or Cash or Cheque within 30 days from the date of Registration of The Trust or after opening bank account of the Trust. Executive body of trust will circulate Bank Account details to all Trustees for depositing Trustees fees as per given time, after said given time period if amount not deposited by The Trustees, he will not be the part of the trust or if the trustees fee or amount is not deposited within the stipulated time, He/ She will automatically be considered terminated from the membership of the Trust.
AND WHEREAS nothing contained in this deed shall be deemed to authorize the trustees to do any act which may in any way be construed statutory modification thereof and all activities of the Trust shall be carried out to benefit the public at large, without any profit motive and in accordance with the provision of the income –tax Act 1961 or any statutory notification thereof.
AND WHEREAS the Trust is hereby expressly declared to be a public charitable trust and all the provisions of this deed are to be constituted accordingly
The name of the Trust shall be ‘’Millat Charitable Trust”.
- REGISTERED OFFICE:
The principal office of the Trust shall be situated at 45, opp. Nuri Jama Masjid, Aman Colony, Vigyan Nagar Kota Rajasthan-324005 or any other place as the Trustees may decide from time to time. The Trust may also carry on its work at any other place or places, as decided by the Trustees. The area of operation of the trust shall be throughout the union of India
- To establish, develop, maintain and grant aid in cash or in kind to hospitals, School, medical School, colleges, medical colleges, nursing institutions, dispensaries, maternity homes, child welfare centres and/ or any other similar charitable institutions in India for the benefit and use of the general public without any discrimination of any cast, creed, colour and religion.
- To give stipends, scholarship, travelling expenses, allowances and monetary aids to students and scholars in India and abroad.
- To open, found, establish, equip, finance, assist, maintain, or contribute to technical, industrial, or commercial concerns, institutions, associations, or bodies imparting any type of training or providing employment to persons
- To open, found, conduct, maintain or contribute to the opening and maintaining of such institutions where work at living wages can be provided to poor and deserving people or which are conducive to the benefit of the poor and the development of industries
- To promote the well-being of humanity by establishing or assisting the formation or aiding of humanitarian institutions and to start, encourage, promote or support institutions and societies to harmonise social and economic interest of the peoples of the world and to unite them in such a manner as may best ensure the attainment of proper shelter, food and clothing by them, as well as ensure peace and happiness of the humanity at large
- To maintain run and manage both clinical and non-clinical hospital, Dispensaries particularly in Kota and/or elsewhere in India without any discrimination of any caste, creed colour or religion.
- To start the Medical Research Institute of the The Trust and to appoint and empower Committee or Committees consisting of members and non- members or professionals to approve conduct and to manage research projects.
- To promote, protection and treatment of eyes programmes, eye Bank, family planning programmes, AIDS protection programs, control and cure of opium, alcohol, Tobacco Drugs addicted people and programmes for welfare of Physically handicapped persons by organizing camps, Seminars, etc. to provide for the same medical facility either at hospital or elsewhere by organizing camps to assist and encourage voluntary and government agencies both central as well as state which are carrying out such programs and to help the publication of pamphlets, literature etc. which spread the message of family planning within the country.
- To open, found, build, equip, takeover, conduct, maintain and grant aids to dispensaries, maternity homes, hospitals, lunatic asylums or any other institutions of the like nature.
- To find, construct, maintain, support, assist or grant aids or subscriptions to places for cultural, social or other discourses.
- To help widows, orphans, lunatics and indigent persons and to give relief to the poor and distressed.
- To give donations, subscriptions or contributions to any other charitable Trust or societies.
- To establish, help or maintain institutions for the cultural, social or economic advancement within the country
- To educate and trained medical students and staff.
- To establish, maintain, to assist and encourage or promote in the Kota and Kota region as well as all Rajasthan & All India in particular and elsewhere in India, as and when deemed proper or expedient for the purpose of medical relief, training, Hospital, dispensaries, medical college and medical research institute of all types and levels or in connection therewith or attached thereto all or any of the following institutions.
- Schools, Medical Schools, Colleges and Medical Colleges, Nursing College and Midwifery classes for imparting medical education and training.
- Institutions for promoting medical research work and educational Work.
- Ambulance corps with or without classes for imparting education and training ambulance work.
- Creches and children hospitals.
- To establish children hospital.
- To establish blood bank for needy peoples of society.
- To run medical store and labs to provide qualitative medicines and medical test for general public.
- To acquire immovable properties by purchase, lease, hire, exchange of otherwise and to pull down, erect, alter and maintain building in the city of Kota and elsewhere in India to fulfill the research and medical objects of the Trust.
- To borrow or raise any money that may be required by the Trust upon such terms as may be deemed advisable including by mortgage of immovable properties of the Trust and / or by creation or charge on any movable or movable or immovable property all or any part of such property or assets and for such purpose to any Institution, body ,association incorporated Bank, Government , semi government body, etc.
- To receive, give any grant aid in the form of use of assets, money, staff, furniture, fixture, equipments , instrument etc. for the purpose herein specified notes, bonds bill of exchange and other negotiable, transferable, non transferable instruments.
- To grant medical help to the poor or deserving persons affected by the epidemic, famine, flood, earthquake, or any unforeseen calamity, war, warlike operations.
- To undertake any other activity incidental to the above activities but which are not inconsistent with the above objects.
- To build, develop and maintain the rest house/sarai etc. to facilitated the attendant of patients visiting the above established institutes.
- Purchase or otherwise acquire, start, establish, equip or close any business, undertaking or industry
- Purchase, acquire or undertake the whole or any part of property and liabilities of any person, firm or company
Any other object of public utility, public welfare/ interest of serving public cause or purpose.
- Founder Trustees
Founder Trustees of the trust will be lifetime trustees of The Trust till their lives cease, In case of the death of any founder Trustee his representative shall be taken in his place. The Representatives of Founder Members shall hold their places in case of death, insanity or medical disorder. The chosen representative shall be among the permanent trustees
Following person shall be the Founder Trustees of the said Trust:
Haji Abdul Saleem S/o Abdul Latif
|Vigyan Nagar Kota 324005- Rajasthan
Haji Talveez Ahmad Khoker S/oAli Mohammed
Vigyan Nagar Kota 324005- Rajasthan
Fajlur Rahaman S/o
Chhawani Kota 324007 Raj
Mohammed Hafiz S/o
Mohammed Farid Khan
Chhawani Kota 324007 Raj
Imam Hussain Mansoori S/o Imamuddin Mansuri
|Vigyan Nagar Kota 324005-Raj
Nisar Ahmed S/o
Naveen Vigyan Nagar Kota-324005 Rajasthan
Abdul Nasir S/o Abdul Latif
Vigyan Nagar Kota-324005 Rajasthan
RIGHT AND DUTIES OF Funder Trustees
The right and duties of Funder Trustees are as under.
- The Founder Trustees will not have any separate right, but the final decision of the Founder Trustees in any dispute or fight, quarrel or any other matter in the Trust or in the Executive Body of the Trust.
- The Founder Trustees shall have the final decision in case the general body or executive body is not reaching to any conclusion over any matter or dispute.
- To adopt audited accounts of the trust
- To adopt annual report.
- To consider any other matter, permitted by the constitution
- To nominate their representatives for any of the work or purposes.
- The founder member shall necessarily hold the positions in the executive body.
- Trustees of The Trust
The Trustees are the part of The Trust at the time of registration of the Trust shall be the life time trustees. These trustees shall hold voting right.
- General Body
All 123 Trustees of the Trust will be lifetime as described in Anx. 1 & 2 shall constitute general body of the trust which includes minimum five female members.
The Founder and after him/her, or even in his/her lifetime, if he/she so desires, the Board of Trustees shall in accordance with the terms of this Deed, select, appoint and co-opt one or more Trustees. Such selection, appointment and co-option shall be made by a majority of three-fourth of the number of Trustees and persons so appointed shall hold office and be liable to retirement as herein mentioned. The term ‘three-fourth’ when it is not a complete integer, shall mean, if the fraction is not less than half, the next higher and when the fraction is below half, the next lower integer.
RIGHT AND DUTIES OF GENERAL BODY
The rights and duties of general body are as under.
- To pass annual budget.
- To amend, alter and change in constitution of The Trust by ¾ majority of member of present trustees after the approval of The Founder Trustees by majority.
- To adopt audited accounts of the trust.
- To adopt annual report.
- To consider any other matter, permitted by the constitution
- To co-opt or sack other executive body member in case of any extra ordinary circumstances by 2/3 majority.
- MEETING OF THE GENERAL BODY
- Annual General Meeting.
- The executive committee of trust shall call annual general meeting of the trust every year.
- Extra Ordinary General Meetings.
The executive committee of trust shall call Extra ordinary general meeting of the trust, If ¼ majority of Trustees of The Trust demand for it, for important matter/ decision of The Trust. The quorum of the general body meeting and extra ordinary general body meeting shall be 1/3 of total members. In case of lack of quorum the meeting will be adjourned for one hour and there after the business shall be transacted even in the absence of the quorum. The executive committee of the Trust shall give minimum 7 days notice to call the annual general meeting and extra ordinary general meeting.
- MANAGEMENT OF THE TRUST
The Executive Committee
The administration , management ,and control of the Trust and its properties will be taken care of the executive committee consisted as per Anx-1 i e Ten office bearers of board of management, Three advisors and fourteen members.
Power of Executive Committee
That the executive committee of the Trust shall have the following powers:
- To manage all the assets and or the properties of the Trust including the conduct of business.
- To appoint employees and to settle the terms of their service, remuneration and termination.
- To look in to the management of the Trust
- To invest the funds of the Trust in a bank or the purchase of company shares or securities or other movable and immovable properties.
- To sell, alter, vary, transpose or otherwise dispose or alienate the Trust properties or any investment representing the same for consideration and to reinvest the same.
- To pledge or mortgage the trust properties for rising loans.
- To open the bank accounts in the name and on behalf of the Trust, which will be operated jointly by Chairman or Secretary and Treasurer.
- To enter in to a partnership or agreement on behalf of the Trust with any other party or parties.
- To pay all charges, impositions and other outgoing payable in respect of the Trust properties and also to pay all cost of the incidental to the administration and the suits filed.
- To file suit on behalf of the Trust and to refer to arbitration all actions proceedings and disputes touching the Trust properties and to compromise and compound the suits filed.
- To accept any gift, donation or contribution in cash or in kind from anyone for the objects of the Trust.
- To seek the legal opinion of lawyers and / or Chartered Accountants as and when required.
- To nominate their representatives for any of the aforesaid purposes.
- In the event of vacancy arising for whatever reason the executive
- Committee shall co-opt any person to fill up such vacancies.
Board of Management
- The following board of management as herein before provide and when so constituted as aforesaid shall elect for term of every 3 years form executive committee members :-
- Chairman- 1
- Vice Chairman- 2
- General Secretary- 1
- Joint Secretary- 3
- Treasurer- 1
- Treasure- 2
- Day to day work for smooth working of Trust & take decision for the benefit of the Trust will be taken by secretary in consultation with chairman.
- In the event of a vacancy arising for whom ever reasons the executive shall co-opt any person to fill up such vacancy.
- The Trustees shall work in an honorary capacity, but they shall be entitled to get reimbursement of expenses incurred by them in the conduct of their duties or the promotion of the object of the Trust or on behalf of the Trust. No Trustees shall be entitled to take any loan from the Trust or to take any advantage for himself or any member of his family in whatever manner from the Trust.
- The above said board shall be empowered to employ whole time, full time, part-time servants, clerk, other professionals, and persons according to the requirement of various institutions that may from time to time be run or established by the Trust on such norms and conditions as the Trust may decide from time. The trustees shall have the power to accept honorary services of any person volunteering to do the work in the Trust. The above said board shall have full disciplinary control and power over such staff, employees and workers honorary or otherwise.
- Election shall take place in every three years to elect Chairman, Secretary and Treasurer through ballet paper and rest of the executive members will be elected by The elected chairman , Secretary, treasurer and Founder Members of The Trust. All the existing trustees will get the voting right to elect the executive body.
- RIGHT & DUTIES OF BOARD OF MANAGEMENT
Day to day affair of trust shall be managed by the board of management as specified below:
The Chairman shall preside over all meeting of board executive committee meeting; annual general meeting and extra ordinary general meeting chairman shall be the executive head of the Trust. At the annual general meeting he shall address the trust or such subject as he may deem proper.
The Chairman may also at any time, he deems proper, communicate to the Trust or to the committee, Government and others, such matters and suggestion as may, in his opinion promote the welfare and prosperity and increase the usefulness of the trust and shall perform and other duties as may be incidental to his office.
- Vice – Chairman
There shall be Two Vice-Chairman. In the absence of the Chairman, first Vice Chairman shall look after the work of Chairman then after second Vice- Chairman.
- General Secretary
The General Secretary will guide all the working of the Trust without any remuneration. He shall also prepare the annual report of the Trust in consultation with the board of management. He shall have powers to grant leaves to the trust staff. He will see that all the order of the Boards of Management and all functions that are incidental to his office are carried out. He shall have the powers to sanction all day-today routine budgeted expenses.
- Joint Secretary
There shall be three Joint- Secretaries, who will help the Secretary of the Trust and will act as Secretary in his absence. As per sequence, he shall be without remuneration.
There shall be one treasurer who will keep and maintain books of accounts and will make all payments as per directions of the secretary. Treasurer will be solely responsible to the board of management and the members of the trust for all matters pertaining to cash, credit and accounts maintaining and preparing of final accounts and to get them audited and presenting them to the board of management.
There shall be two Joint- Cashiers will help the Treasurer of the Trust and will act as Treasurer in his absence. As per sequence, he shall be without remuneration.
The advisors shall coordinate between the board of management and executive committee, advisors shall give their opinion, Suggestion, advice for the betterment of the working of the board of management and the board shall give due consideration to the advisors.
- Executive Member
The Executive Member shall coordinate between the board of management and executive committee, executive member, shall give their opinion, suggestion, advice for the betterment of the working of the board of management and the board shall give him responsibility of sub committees.
- TERMINATION OF THE TRUSTEES:
- A trustee shall cease to hold office:
- If he dies,
- If he resigns,
- If he is adjudged insolvent or found guilty of an offense involving in moral turpitude.
- Any member acting against the interest of the trust or acting against the rules and regulations of the Trust or constitutions of India could be removed from the membership of the Trust by the executive committee.
- The trustees shall hold office during their life unless any of them desires to be discharged of his duties or become mentally or physically incapable or declared insolvent or is convicted by competent authority of a criminal offense in which minimum imprisonment at least or more years.
The trustee who by his conduct as a trustee or in his personal life adversely reflects on the reputation of the Trust may be asked by the board of trustees by a resolution passed by a majority to submit his resignation, falling which he or she shall cease to be a trustee with effect.
- MEETING, QUORAM, NOTICE AND PROCEEDINGS OF THE EXECUTIVE COMMITTEE:
- There shall be at least four meetings of the executive committee in a year Chairman and Secretary may also call meeting if required at any time.
- The quorum of meeting shall be. 1/3 of the total members or the executive committee. In case of lack of quorum the meeting will be adjourned for one hour and there after the business shall be transacted even in the absence of quorum.
- The notice of meeting shall be given before 3 days in writing for a meeting of executive committee but in case of urgent purpose meeting shall be called only 24 hour before by giving telephonic information too.
- A minute book shall be keep by the secretary Minutes of all proceeding of the meeting shall be entered in the minute book & shall be signed jointly by the chairman and secretary.
The Trustees may accept donations, grants. subscriptions, aids or contributions from any person, Government, Local authorities or any other charitable institutions, in cash or in kind including immovable property without any receipt with any condition or terms inconsistent with the objects of the Trust. While applying such receipts to the objects, the Trustees shall respect the directions, if any, by the grants. Any receipt with a specific direction to treat the same as part of the corpus of the Trust or separate fund shall be funded accordingly.
- All money, which shall not immediately require for current needs, shall be invested by the Executive body in eligible securities and investments, or in banks. Such investments shall be in the name of The Trust.
- That the Executive body shall invest the Trust fund, carry on any business with the trust fund and /or enter in to partnership on behalf of the trust, as they may deem fit.
- That the Executive body shall manage the Trust fund and investments thereof as a prudent man would do the same. They shall recover all outstanding and meet all recurring and other expenses incurred in the upkeep or management thereof.
- That the Executive body shall receive and hold the income of the Trust on behalf and for the benefit of the beneficiaries under the Trust.
- Bank Account.
All income, subscription and pecuniary donations for the general purpose of the Trust and the income, investment and all other money from time to time forming part of the general revenue of the Trust shall on the same being received be paid into a banking account with any scheduled bank for the purpose of the Trust. The bank account shall be operated jointly as decided by the executive committee.
- ACCOUNTS AND AUDIT
The Trustee shall keep proper books of account of all the assets, liabilities and income and expenditure of the Trust and shall prepare income and expenditure accounts and Balance Sheet for every year as on the last day of March. The accounts of every year shall be audited by a chartered Accountant or firm of chartered Accountants who shall be appointed for the that purpose by the Trustees and the audited accounts shall be placed at a meeting of the Trustees, which shall be held before the end of the succeeding year.
The proposal of addition and / or amendment shall be sent to all the members along with the information of the meeting at least 15 days before the date of the meeting. Such amendment or addition shall be carried out by ¾ majority of voted.
In the event of dissolution or winding up of the Trust the assets of the trust remaining on the date of dissolution shall under no circumstance be distributed amount the trustees, but the same shall be transferred to other trust, society, association or Institute whose objects are similar to those of this trust decided by general body.
IN WITNESS WHERE OF, The Parties hereinto have signed and delivered the presents on the day and year first hereinabove written.
1. Mohammed Idris Tanwar 2. Abdul Saleem Abbasi 3. Talveez Ahmad Khoker
(Chairman) (Vice Chairman) (Vice Chairman)
4. Mukhtar Hussain Ansari 5. Zakir Hussain 6. Hameed UL Haq
(General Secretary) (Joint Secretary) (Joint Secretary)
7. Mohammed Hafiz
8. Imam Hussain Mansoori 9. Mirza Nafees Baig 10. Ravish Siddiqui
(Treasurer) (Asst. Treasure) (Asst. Treasure)
WITNESS – 1 Abdul Nasir
WITNESS – 2 Fajlur Rehaman