THIS DEED OF TRUST made at Thane this _______ day of
___________, 2021, by MR. ABDULLAH ABBAS SHAIKH
Indian, Age 48, Residing at- FLAT NO. 414, 4 th FLOOR, MANIK
HIRA APARTMENT, NEAR DR. ANSARI CHOWK, DR. AMBEDKAR
ROAD, KALYAN (W), DIST.-THANE, MAHARASHTRA-421301,
hereinafter called "The Settler" (which expression shall
unless repugnant to the context or meaning thereof be
deemed to include his legal heirs, executors and
MR. ABDULLAH ABBAS SHAIKH
administrators) of the ONE PART who shall also act as the
Founder Trustee and such other persons who accept the
trusteeship in future, hereinafter called
"The Trustee/s" (which expression shall unless it be
repugnant to the context or meaning thereof be deemed to
include them, the Trustees or Trustee for the time being of
these presents, the survivors or survivor of them and the
heirs, executors and administrators of the last surviving
Trustee and their, this or his assigns) of the OTHER PART.
WHEREAS the Settler is absolutely seized and possessed of in
his own right and as his/her self-acquired property a sum of
Rs. 5,000/- (Rupees Five Thousand only) AND WHEREAS the
Settler is desirous of settling the said sum of Rs. 5,000/-
(Rupees Five Thousand only) UPON TRUST and subject to the
powers, provisions, declarations and agreements, hereinafter
contained of and concerning the same.
AND WHEREAS at the request of the Settler the Trustees
have consented and agreed to become and act as the
Trustees of these presents and to hold the said sum of Rs.
5,000/- (Rupees Five Thousand only) as also any donations
properties, effects or contributions, received by the Trustees
and all accretions, additions, income, dividends and properties
thereto or thereof and investment or investments, including
the immovable property or properties and securities from time
to time representing the same upon trusts hereinafter
mentioned and declared as is testified and evidenced by their
joining and executing these presents.
MR. ABDULLAH ABBAS SHAIKH
NOW THIS INDENTURE WITNESSETH AS FOLLOWS:
1. TRANSFER OF PROPERTY :
The Settler in pursuance of and for the Charitable purpose
hereinafter mentioned and for diverse other good cause and
considerations doth hereby declare that he/she has on or
before the execution of these presents paid and delivered
unto the Trustees, the said sum of 5,000/- (Rupees Five
Thousand only) the payment and receipt whereof the
Trustees do and each of them doth hereby admit and
acknowledge) the Settler doth hereby transfer unto the
Trustees the said sum of Rs. 5,000/- (Rupees Five Thousand
only) and the income, interest, dividend and profit thereof
unto and to the use of the Trusts forever UPON TRUST and
for use, purpose, benefits and subject to the powers,
provisions and directions of and concerning the same.
2.AIMS:
1. TheHazrat Sayyed Shahdad Shah Baba Tekdi Wali
Dargah, Yatim Khana Trust will be religious and educational
non-profit organization where all activities should be guided
by and do not contradict the teachings of Islam.
2. The Aims of the Trust shall be open for all communities
without any discriminations of any caste, creed, religion,
colour or community. For each and every category of the
Aims and Objects of the Trust or for any one of such category
of the Aims and Objects, as shall be required by any law in
MR. ABDULLAH ABBAS SHAIKH
force, the Trustees shall earmark Specific Fund out of “Trust
Fund” and shall maintain separate Books of Accounts, as and
when required on the cash systems of Account and get the
same audited by a Chartered Accountant and submit the
same together with Auditor’s Report to the respective
Authorities as required. The object of the Trust shall be to
support and promote activities for total development, viz.
spiritual, social, economic, educational, medical and cultural
fields, as far as possible, to lead a healthy and respectful life
in the society without distinction of caste, creed or religion
etc.
AND WHEREAS THE SETTLOR above named has settled in
favor of the Trustees upon Trust with a view to give effect to
his desire of creating and establishing a Trust for the purpose
of construction & maintenance of a place of TheHazrat
Sayyed Shahdad Shah Baba Tekdi Wali Dargah & Yatim
Khanaand for undertaking other charitable and religious
activities for the benefit the public, for the objects set out in
this trust deed and for fulfillment of which, the terms and
conditions are more particularly set out hereunder.
3.NAME AND OFFICE :
The Trust hereby created shall be called or known as
“HAZRAT SAYYED SHAHDAD SHAH BABA TEKDI WALI
DARGAH, YATIM KHANA TRUST” and its registered office
shall be at 4/4, MANIK HIRA APARTMENT, ANSARI CHAUK,
KALYAN W, DIST. THANE, MAHARASHTRA 421301 and/or at
such other place and/or places in India as the Trustees may
from time to time decide.
MR. ABDULLAH ABBAS SHAIKH
Subject to the generalities of the forgoing, the objects of the
Trust In order to achieve the goal the following initiatives have
been undertaken:-
4.OBJECTS:
The objects of the Trust are:
(a) Establish mosques, Dargah and other facilities to house
the Trust’s activities.
(b) Help Muslims practice Islam as a belief, a behavior, and a
way of life, and invite people to the cause of Allah.
(c) Devise and conduct programs of Islamic education.
(d) Establish programs and facilities to preserve and relate
the Islamic knowledge to the young Muslims.
(e) Encourage the Muslims to follow the example of the
righteous early Muslims.
(f) Organize religious, social, and athletic events, provided
they do not contradict the Islamic norms and practices.
(g) Provide and facilitate social services including counseling
to those in need.
(h) Cooperate with other Islamic institutions and
organizations which are following the Glorious Qur’an and
Sunnah of the Prophet Muhammad, peace be upon him.
(i)Disseminate and project to the public the Islamic positions
related to all areas of life.
(j)Cherish the bonds of friendship and understanding between
Muslims and non-Muslims within the framework of Islam.
(k) Forservicetoandforreliefofthepoor,indigent,illiterate, sick,
the disabled, blind, giving of education, medicalrelief,
reliefs of all kinds and help and succour, and ameliorationin
times of distress, flood, famine, war, earthquake, fire or
othercalamityorhavoc,scarcityofdifferentkinds,totheafflicted
,and the advancement of all objects of general public utility
MR. ABDULLAH ABBAS SHAIKH
in aselfless and altruistic spirit and particularly to promote a
sense ofoneness of humanity, tolerance, good will among
humanity inconsonance.
(l)Construction and running of Schools, colleges, education
institutions, free dispensaries, Centres for poor feeding and
homes for the aged for the benefit of the public.
(m) Providing for grants, scholarships, fellowships and other
forms of financial assistance to the needy and deserving
students for pursuing education, vocational training, skill
development etc.
(n) Granting of assistance to any educational institution for
granting scholarships, prizes, medals, awards for excellence
in studies, sports and scientific research, distribution of
books and note books for poor and deserving students.
(o) Establishment, conduct, maintenance of clinical
laboratories, hospitals, nursing homes, dispensaries and
institutions of similar nature and providing financial
assistance to the deserving persons for medical treatment,
in any medical institution.
(p) Providing assistance for feeding the poor directly and
through other institutions.
(q) Establishment, conduct, maintenance of old age homes,
homes for physically challenged men, women and children
and persons with similar disabilities and also for granting
assistance to institutions performing similar activities.
(r) Grant of donation to any Mosque, Dargah and other
places of worship and / or religious institutions.
(s) Providing for or contributing to education and scientific
research and development.
(t) Providing relief to the poor and advancing any other
object of general public utility.
MR. ABDULLAH ABBAS SHAIKH
(u) The Trust will not carry out any activities with the
intention of earning profit and will perform with service
motive only.
(v) No activities of the Trust will be carried out outside India.
5.GENERAL / MISCELLANEOUS OBJECTS :
I) To join other NGOs from the country, to assist support and
cooperate with other charitable institutions in achieving
their objectives, to provide the objects of such institutions
or trusts are similar to those of our trust.
II)To publish or arrange to publish books, newspapers,
journals, brochures, pamphlets, etc. for the purpose of
achievement of the objectives of the trust.
III) To provide assistance for travel to those who go to
attend seminars, conferences, lectures, fund raising
programs, specialized training in India or abroad.
IV) To run and organize and conduct social and sports
activities and programs, cultural function, entertainment
programs and programs for the benefit of Person or persons
who are weak economically or otherwise.
V)To amalgamate, merge or collaborate with and to takeover
any Society / Trust / NGO who is working on similar objects
or to enter into partnership or joint venture with any
organization for propagating and expanding the scope of
the Trust.
VI) Any other activities which trustees may think fit for socio-
economic or otherwise and educational, medical and other
enlistments of society at large.
VII) To make an endeavor to provide any possible relief
during natural calamities such as famine, earthquake, flood,
fire, etc by giving donations, subscriptions or contributions
MR. ABDULLAH ABBAS SHAIKH
to institutions, establishments or persons affected in such
calamities, etc.
VIII) To purchase, to take on lease or on hire basis or to
acquire, receive, hold and maintain, manage, run/operate,
any movable property or immovable property, rights or
privilege as may be necessary or convenient for working of
the Trust or for the advancement of the objects of the
Trust, including for use as office of the Trust, study room,
library or lecture room and to improve and develop such
property
IX) To sell, assign, mortgage, lease, exchange and otherwise
transfer or dispose of, turn to account or otherwise deal
with in any manner all or any property, movable or
immovable, of the Trust as may be necessary or convenient
for working of the Trust or for the advancement of the
objects of the Trust,
X)To raise funds or receive and accept donations, gifts,
grants, contributions or assistance, and
XI) To render help and provide facilities to the members in
discharge of their professional duties, including furnishing
information and opinion about specific matters and queries
raised by them on such terms as may be decided from time
to time.
XII) The Trust shall do all such other lawful things as may be
incidental to or conducive to the attainment of its objects in
India.
XIII) To apply to the Government, Public Bodies, Urban Local
Municipal District and other Bodies, Corporation, Companies
and persons for and to accept grants of money and of land,
donations, gifts subscriptions and other assistance with a
view to promotion the object of the society and to discuss
and negotiable with the Govt. Departments, Public and
MR. ABDULLAH ABBAS SHAIKH
other Bodies, Corporations, Companies or persons schemes
of research and other work and matters within the objects
of the society and to confirm to any proper conditions upon
which such grants and other payments may be made.
XIV) To raise finance through gifts, loans and grants,
donations, subscription, contributions in cash or kind,
incentives, realization through disposal of any assets, and
membership fees and generally to obtain money for the
objects of the Society in any lawful manner.
XV) To subscribe to, to become a member of and to
cooperate with or collaborate with any other Trust, Society,
Association, similar Organizations or body corporate whose
objects are altogether or in part similar to those of the
Society and to procure from or communicate to any such
Trust, Society, Organization, Association or body corporate
such information as may be likely to promote the objects of
the Trust.
XVI) All incomes and assets of the institutions shall be solely
utilized and applied towards the promotion of its aims and
objectives.
6.BENEFICIARIES OF THE TRUST:
The Trust is established for the benefit of citizens of India and
the class of people mentioned above without discrimination of
caste, religion, creed or sex.
Notwithstanding the powers vested with the Trustees under
the proceeding clause, no part of the income of the Trust shall
benefit directly or indirectly the trustees and no part of the
income of the property of the Trust shall be used or applied
directly or indirectly for the benefit of:
MR. ABDULLAH ABBAS SHAIKH
(a) Settlor, Managing Trustee, Trustees or any person who
makes a substantial contribution to the Trust or of any relative
of the settler, Managing Trustee, Trustees or the person who
makes a substantial contribution.
(b) Any “related concern” in which any of the above persons
has substantial interest.
(c) For the purpose of this clause, the word “relative” and
the phrases “related concern”, “substantial interest” and
“substantial contribution” shall have the meanings assigned
to them in the Income Tax Act, 1961.
7.PROPERTIES:
The Trust properties shall consist of
I. The amount Transferred by the SETTLOR as mentioned
above, towards the Corpus fund of the Trust.
II. The immovable properties and other assets transferred by
SETTLOR as mentioned above.
III. Any cash, kind, properties, movable and immovable that
may be acquired by purchase or otherwise or all manner of
rights, title or interest in or over any property movable or
immovable
IV. All additions and accretions to the Trust properties and the
income there from
V. All donations, gifts, legacies or grants, in cash or kind
accepted by the Trustees upon Trust.
VI. The properties of the Trust shall be utilized for the objects
set forth herein above and subject to the provisions and
conditions herein mentioned.
8.SURPLUS AND ACCUMULATION :
MR. ABDULLAH ABBAS SHAIKH
Subject to the provisions of the Income-tax Act,1961 or any
Statutory Modification or re-enactment thereof from time to
time the surplus and unapplied portion (if any) of the Trust
fund arising in any one or more year or years shall be
accumulated and invested and the resulting income thereof
shall also be accumulated and invested from time to time in
any of the investments in which the Trust Funds are hereby
directed or authorized to be invested and the Trustees shall
have power in any subsequent year to expand and apply the
same in the same manner and to the same extent as if such
accumulation or parts thereof had been part of the income of
the year or years in which the same is sought to be expanded
and applied as aforesaid.
9.ACCOUNTS AND AUDIT:
(a) The Trust shall keep and maintain true and correct
regular accounts of its receipts and expenditure and get the
same audited by a Chartered Accountant appointed
by the Board of Trustees and the audited statement of
account shall be placed before the Board for its approval
within three months of the close of the financial year.
(b) The accounting year of the Trust will be financial year
(i.e. year ending on 31st March) or such year as may be
decided by the Trustees.
(c) BANK ACCOUNT:
The Managing Trustee and the Treasurer shall jointly operate
Bank Accounts on behalf of the Trust. In their absence, any of
the Trustees may be authorized by the Board of Trustees, by a
resolution, to operate the bank accounts. One or more Bank
Accounts may be opened in any Bank and or Banks in the
name of the Trust.
MR. ABDULLAH ABBAS SHAIKH
10.INVESTMENTSOF TRUST FUNDS :
1) The Board of Trustees shall have the power to invest the
funds, assets and properties of the Trust at their discretion in
accordance with the provisions of the Income Tax Act, 1961.
2) The Board shall also determine from time to time, the
amount it shall spend on the various activities of the Trust.
Subject to the other provisions of these presents and the
provisions of the Income-Tax Act,1961 or any statutory
modifications or re-enactment thereof from time to time and
the provisions of the Bombay Public Trust Act, or any
Statutory modifications or reenactment thereof or the
provisions of any other Central or State Acts applicable to the
Charitable Trust, the trustees shall be at liberty to keep the
Trust fund in its present state of investment for such time or
times howsoever long as they may in their absolute discretion
think fit without being answerable or accountable to anyone
for any loss caused thereby and it shall be their absolute
discretion to invest, sell, assign or transfer or realize the same
or any part thereof and to invest the sale proceeds or other
realizations or any other moneys requiring investment or
modes of investment in India with power to them from time to
time at their discretion to vary any investments held by the
Trustees for other of the character hereby authorized viz.,
a) In or upon any investments in India for the time being
authorized by law for the investment of Trust Fund of a
Charitable Trust.
b) Any stocks, securities, debentures or bonds issued by or
the interest of which has been guaranteed by the Central or
State Government or any Municipal Corporation or Port Trust
or other local body or authority in India.
MR. ABDULLAH ABBAS SHAIKH
c) Shares of any limited company or Government or Semi-
Government Company or Corporation or Co-operative society
in India (which are either cumulative or non-cumulative
preference shares or equity shares) and debentures and
bonds of any limited company or Government or Semi-
Government Company or corporation or Co-operative Society
in India.
d) Unit issued by the Unit Trust of India or its successors or
assigns of business.
e) In the purchase of any immovable property or any part
thereof anywhere in India including leasehold for any period
and in developing the same.
f) Deposit of moneys in open, current or other accounts or
account with any Bank or Banks or any limited company or
Government or Semi Government Company or Corporation or
Cooperative Society or any Government or Semi-Government
Bodies or authorities in India.
g) In the purchase or acquisition in India of any flat, office,
premises, godowns, factory sheds or any other property or
part thereof, on ownership basis or as apartment owners or as
a member in a cooperative society or a limited company or
any other corporate body and of shares and loans, stock in a
cooperative society or a limited Company or corporate body.
h) In the purchase of any equipment, plant, machinery
vehicles or any other movable property in India.
i) In taking on hire purchase any plant, machinery, vehicles
or any other movable property in India.
j) In or upon giving loan on the Mortgage or hypothecation
of any movable or immovable properties in India either free-
hold or leasehold. And the Trustees may, at the like discretion
MR. ABDULLAH ABBAS SHAIKH
vary or transpose the investments from time to time AND IT IS
HEREBY AGREED AND DECLARED that the Trustees shall be
entitled to make investments hereby authorized jointly with
any other person including the Trustees themselves or any
Trust of which the Trustees or any of them, may be a Trustee.
k) It shall be lawful for the Trustees to build, pull down,
renovate, rebuild, alter, adopt, improve and to develop or
repair any immovable property, comprised in the Trust Fund
and to spend thereon such moneys out of the Trust Fund or
the income thereof as they may think fit. The Trustees shall
also be entitled to enter into any agreements or covenants
with the owner of or person interested in any other properties
and whether restrictive or otherwise as they may from time to
time in their absolute discretion think fit. The Trustees shall
also have the power to insure any premises comprised in the
Trust Fund against loss or damage by fire, lightning or civil
commotion or to the risks to or losses as the Trustees may
from time to time in their absolute discretion think fit but no
liabilities shall attach to the Trustees or any of them by reason
of any property remaining uninsured in any way.
l) The Trustees shall also have the power after paying
all rents, taxes and other outgoings and expenses out of the
rents and profits of any immovable property to set aside out
of the balance thereof from time to time sums of moneys as
the Trustees may consider proper to meet the expenses of
heavy repairs or by way of depreciation or sinking fund and to
utilize the same and the income thereof for heavy repairs or
for rebuilding or reinstating immovable properties or erecting
new buildings and in the meantime to invest the same in
securities authorized by these presents. It shall also be lawful
for the Trustees to permit any immovable property forming
part of Trust fund to be held and enjoyed for the purpose of
MR. ABDULLAH ABBAS SHAIKH
any scheme of charity or other purpose of these presents.
The Trustees may also allow the same or any part thereof to
be occupied by any employee of any such scheme free from
payment of rent or on such terms and conditions as the
Trustees may think fit for the furtherance of the objects of
charity.
11.APPOINTMENT OF TRUSTEES :
(a) The Trust shall have minimum one(1) Trustee and
maximum six (6) Trustees including the Founder Trustee,
The Founder Trustee shall be a permanent Trustee for his
life, The Founder Trustee shall have the power to appoint
all other five (5) Trustees during his life. The term of the
Trustees other than the Founder Trustee shall be oftwo (2)
years from the date of appointment, however, they shall
be eligible for reappointment if the retiring Trustee/s so
desire, with the consent of the Managing Trustee.
(b) PROVIDED ALWAYS that in case the position of the
Founder Trustee becomes vacant for any reasons
mentioned below, any family member of the Founder
Trustee (whether male or female including married
daughter) shall be appointed as permanent Trustee who
shall also act as Managing Trustee such permanent trustee
shall also be for life. Such Managing Trustee so appointed
from the family members of the Founder trustee shall have
all the powers of the Founder including the power to
appoint new Trustee and/or Trustees.
12.VACANCY:
If the Trustees hereby appointed or any of them or any further
Trustee or Trustees hereof shall, (a) die or (b) permanently go
MR. ABDULLAH ABBAS SHAIKH
to reside outside India or (c) desire to be discharged or (d)
refuse or (e) become unfit or incapable, to act as the Trustees
of these presents or (f) become insolvent or becomes of
unsound mind or convicted for an offence involving moral
turpitude, or if the Trustees shall be desirous of appointing
Trustees or Trustee (which they are hereby authorized to do)
then it shall be lawful for the surviving or continuing Trustees
as they act as Trustees of these presents to decide by
majority, and if there be no surviving or continuing trustee
then for the retiring or refusing Trustee or Trustees and failing
them for their heirs, executors, and administrators of the last
surviving Trustee do appoint any other person or persons to
be the Trustees or Trustee in place of the Trustee or Trustees
so dying or permanently going to reside outside India or
desiring to be discharged or refusing or becoming unfit or
incapable of acting or becoming of unsound mind or convicted
for an offence involving moral turpitude or being adjudged as
aforesaid with liberty upon any such appointment or increase
or diminish the number of the Trustees of these presents
which shall initially shall not less than one (1) or more than six
(6), unless the number is increased by the Trustees, subject to
the necessary permission from the Charity Commissioner, if
required PROVIDED ALWAYS there shall always be one
permanent Trustee from the family of the Founder Trustee
(whether male or female including married daughter of the
Founder Trustee). AND UPON every such appointment the
Trust fund and asset and the investments for the time being
representing the same shall be so transferred as to become
vested in the Trustees or Trustee so appointed PROVIDED
ALWAYS that prejudice to the provisions of any law, a Trustee
of these present shall stand discharged from his or her office
of Trustees on his or her tendering resignation of his or her
MR. ABDULLAH ABBAS SHAIKH
office and on the same being accepted by the remaining
Trustees of these present.
13.MANAGING TRUSTEE :
During the life time of Mr. ABDULLAH ABBAS SHAIKH, he shall
be the Managing Trustee. Provided always that the Managing
Trustee shall always be a family member (whether male or
female including married daughter) of the Founder Trustee.
The Managing Trustee shall preside at the meeting of the
Trustees, unless he is absent in which case the Trustees
present shall appoint one from among themselves to be
presiding that particular meeting, only. The Managing
Trustee shall have a casting or second vote in case of a tie on
any decision. The Managing Trustee shall have all and
inclusive rights and powers to run and operate including
power to delegate the Trust Functions in accordance with its
object and purpose, including right to recommend
appointment of new trustees and/or appoint members on the
Advisory Board/ Group/ Committees as mentioned below.
14.ADVISORY BOARD/ GROUP/ COMMITTEES :
a.The Trustees may constitute an Advisory Board/
Group/Committee of persons or representatives from any
body, corporate, firm, association, trust or institution
who/which subscribes with, the objects of the Trust, subject to
such rules and regulations with regard to appointment, their
powers, meetings etc as may be framed by the Trustees from
time to time, by majority decision.
b.1st Advisory member of the trust shall be Mr. Mishra ……….,
Age: ……, having residence at ……………………………………. .
Adhar No.: ……………………… .
MR. ABDULLAH ABBAS SHAIKH
15.MEETINGS OF THE TRUSTEES:
The Meetings of the Trustees shall be held at such time and
place as the Trustees may from time to time decide. The
Trustees shall keep or cause to be kept a Minute Book of the
proceedings. In case of difference of opinion arising among
the Trustees and in all matters wherein the Trustees shall
have a discretionary power excluding the appointment of
Trustees and the votes of the majority of the Trustees, for the
time being voting in the matter shall prevail and be binding on
all the Trustees and if the Trustees shall be equally divided in
opinion the matter shall be decided according to the casting
vote of the Chairman. Any resolution of the Trustees may be
varied from time to time.
16.QUORUM :
There shall be quorum when at least 2/3rd Trustees are
present at any meeting of the Trustees. If a quorum shall not
have assembled within quarter of an hour after the time
appointed for the meeting, the meeting shall be adjourned to
some other suitable date, time and place to be notified to all
Trustees and at such adjourned meeting no quorum is
received and the decision arrived at such meeting shall bind
every Trustee.
17.CIRCULAR RESOLUTION :
Any matter of business of a routine or formal or urgent nature
may be determined by a circular without meeting of the
Trustees provided that it is agreed to by 2/3rd majority of all
the Trustees, including consent of the Chairman.
MR. ABDULLAH ABBAS SHAIKH
18.POWERS OF THE TRUSTEES :
Without prejudice to the generality of any powers hereby or
by law conferred or implied or vested in the Trustees, the
following powers and authorities are hereby expressly
conferred on the Trustees that is to say:
(a) It shall be lawful for the Trustees to give aid by way of
donations, out of the income of the corpus of the Trust
funds or otherwise to different charitable institutions,
societies or trusts in India or world which may have been
established or which may hereinafter be established for
similar charitable purposes mentioned in these present
or any of them to enable such institutions, societies,
organizations or Trusts to start, maintain or carry out
such charitable objects as are mentioned in these
presents or any of them;
(b) The Trustees may at any time invite and receive or
without such invitation receive any voluntary
contribution in money or moneys worth either from the
Settler or from the Trustees or from any member or
members of the public by way of donations, legacy or
otherwise for all or any of the object and charities
mentioned above. The Trustees may allow any such
donor to erect a building or buildings on any land
belonging to the Trustees for being used for the purpose
of the charities. Any such donations may be accepted
either with or without any special conditions as may be
agreed upon between the donor and the Trustees
MR. ABDULLAH ABBAS SHAIKH
including conditions to use the donations and/or its
income for specific object or objects of the Trust
PROVIDED THAT such donations are not inconsistent with
the intents and purposes of these presents. All such
donations including buildings may be entered as forming
part of the Trust fund being the subject matter of these
presents and be applied accordingly PROVIDED FURTHER
that it shall always be for the Trustees in their absolute
discretion to decide whether they should invite or accept
any such donations as aforesaid and they shall at all
times be at liberty to refuse any donations without giving
or assigning any reason for such refusal. The Trustees
may raise funds for the objects of the Trust by
subscriptions, donations or by any such other legitimate
means.
(c) The Trustees may from among themselves appoint a
Secretary or appoint another person to be the Secretary
and such Secretary shall be either honorary or paid at
the discretion of the Trustees for the work done by him
or her and such secretary shall carry on such work as
may from time to time be assigned or entrusted to him
or her by the Trustees under supervision, discretion,
guidance and control of the Trustees.
(d) The Trustees may, if necessary, rent or hire or purchase
on ownership or similar basis, a place for their office for
holding meeting of the Trustees and transacting the
business of the Trust and furnish it with necessary
furniture at the cost and expenses of the Trust Fund.
MR. ABDULLAH ABBAS SHAIKH
(e) The Trustees shall be entitled from time to time to open,
maintain and operate Bank Account or Accounts in the
name of the Trust or in the name of the Trustees or two
or more of them at such Bank or Banks as they may from
time to time decide and may at any time pay or cause to
be paid any moneys forming part of the Trust Fund or the
income thereof to the credit of any such account or
accounts and either by way of Fixed Deposit or Current
Account or any other accounts. Any such account may
be operated upon by any two or more of the Trustees or
any other person or persons on their behalf as may be
decided by the Trustees from time to time.
(f) The Trustees shall be entitled for and on behalf of the
Trust to enter into contracts or other agreements in the
name of the Trust or in the name or names of any of the
Trustees as may be decided by the Trustees and it shall
be sufficient if any contracts, deeds, assurances,
cheques, receipts or other documents required to be
signed on behalf of the Trustees or any Officer, agent or
person authorized to by the Trustees in that behalf.
(g) It shall be lawful for the Trustees to such time or times as
they may in their absolute discretion think fit to sell by
public auction or private contract or exchange or transfer
or assign or grant lease or sub-lease (for any term
howsoever long or to give on leave and license basis for
any term howsoever long) or otherwise dispose of or
exchange all or any part of the Trust fund and properties
including any immovable properties of the Trust on such
terms and conditions relating to the title or to otherwise
in all respects as they may think proper and to buy or
MR. ABDULLAH ABBAS SHAIKH
rescind or vary any contract for sale, exchange, transfer,
assignment, lease or other dispositions and to resell the
same or enter into a fresh contract for exchange,
transfer, assignments, lease or other disposition without
being answerable for any loss or damage occasioned
thereby and for such purposes to execute all necessary
agreements, conveyance, deeds of exchange,
assignments, transfers, lease, sub-lease, counterparts,
leave and license agreements and other assurances and
to pass, give and execute all necessary receipts, releases
and discharges for the documents and assurances. All
the moneys arising from any such transfer or other
assurances shall be deemed to be a part of the Trust
Fund and shall be applicable accordingly.
(h) The Trustees shall have the power in their uncontrolled
discretion instead of acting personally to employ and pay
any agent (including any Banks) to transact any business
or to do any act whatsoever in relation to the trusts of
these presents including the receipts and payment of
moneys without being liable for loss or misapplication
and shall be entitled to be allowed and paid all charges
and expenses incurred thereby.
(i) The Trustees may from time to time appoint, remove
suspend and reappoint one or more Secretaries,
Treasurers, Supervisors, Clerks and other Officials and
employees and servants as the Trustees may deem
expedient and fit and pay their remuneration. The
Trustees shall also have power to form and create other
funds for any employees and make rules and regulations
regarding the payments thereof.
MR. ABDULLAH ABBAS SHAIKH
(j) The Trustees may deposit any document or documents
held by them relating to any property belonging to the
Trusts under these presents with any Bank or Banks or
any other person and may pay any sums payable in
respects of such deposit.
(k) The Trustees shall have the power to determine in case
of doubt whether any moneys or property shall for the
purpose of this charity be considered as capital or
income and whether out of the income or capital any
expenses or outgoings shall or sought to be paid or
borne and any and every such determination shall be
binding and conclusive provided that nothing therein
contained shall be deemed to authorize the Trustees to
spend the income or corpus of the Trust fund for any
purpose not authorized by these presents.
(l) It shall be lawful for the Trustees to settle all accounts
and to institute, defend, compromise, compound or
abandon all actions, suits and other proceedings or
dispute, claim, demand, or things relating to these
presents and to appoint, solicitors, and/or advocates or
advocate for the purpose and to pay them such fee or
fees as the Trustees may in their absolute discretion
think proper to do all other acts, deeds and things proper
for such purpose without being responsible for any loss
occasioned thereby.
(m) It shall be lawful for the Trustees to raise or borrow
moneys required in connection with or in relation to the
MR. ABDULLAH ABBAS SHAIKH
exercise of their powers under these presents upon the
security of any property comprised in the Trust fund from
any Bank, Life Insurance corporation or any Government
or Public Bodies or authorities or financial institutions or
from any person with or without any security for all or
any of the purposes of these presents and it shall be
lawful for the Trustees to make such borrowings at such
rate of interest and on such terms and conditions as they
may in their absolute discretion think fit.
(n) The Trustees shall be at liberty to form and appoint any
Committee or Sub-Committee or Advisory Board
consisting of themselves or one or more of them and
such person or persons as they may think fit from time to
time for the purpose of advising and assisting the
Trustees and the Trustees shall also be at liberty to
appoint one or more of the members of such Committee
as office bearers of the Committee. The Trustee shall be
entitled to delegate any of their powers to such
committee or advisory board or its office bearer without
being liable for loss occasioned thereby.
(o) The Trustees shall have the power to frame such rules
and regulations for the management and administration
of the Trust, as they shall think fit and alter or vary the
same.
19.GENERAL :
a) UTILISATION OF TRUST FUND: Trustees can apply and
utilize the part of the initial corpus of the Trust and any
other fund or funds, they may receive as and by way of
MR. ABDULLAH ABBAS SHAIKH
donations and/ or gift towards the objects of the Trust. They
will not be bound to give any cause or explanation in this
behalf.
b) AMALGAMATION:The Trustees may amalgamate this
Trust and its properties with other Trust or Institution
having objects wholly or any of one of them similar to those
of this Trust provided they pass an unanimous resolution to
that effect and sanction (if necessary) of the appropriate
authority as may be required under the Bombay Public
Trusts Act, 1950 and/or the Income Tax Act, 1961 and/or
any other prevailing Act applicable to the Charitable Trust is
obtained
c) AMENDMENTS: The provisions of this Trust Deed
excluding the name of the Trust,objects of the Trust, the
First Managing Trustee and First Trustees can be amended,
altered, abrogated or varied by the Trustees provided they
pass a resolution at a duly convened meeting of the Board
with at least 2 weeks’ notice, and by a resolution passed by
atleast two-third [2/3] majority of the Board of Trustees
present and voting. The amendments to the Trust deed,
can only be passed by a resolution of the Board of Trustees
in an actual meeting and not by circulation
d) Upon the sale or transfer by the Trustees under the power
conferred aforesaid the Purchaser or Purchasers transferor
or transferee dealing bonafide with the Trustees shall not
be concerned to see or inquire whether the occasion for
executing or exercising such power has arisen or whether
the provisions as to appointment and retirement of trustees
herein contained have been properly and regularly
observed and performed. The Purchaser or Purchasers,
transferor or transferee shall not be concerned to see to the
application of the purchase money or other consideration
MR. ABDULLAH ABBAS SHAIKH
and shall not be answerable for the loss, misapplication or
non-application thereof.
e) The receipt of any of the Trustees for any income of the
Trust fund or for any documents or title or securities papers
or other documents and the receipts of any two or more of
the Trustees for any other moneys or properties shall be
sufficient and shall effectually discharge the persons or
person paying or giving or transferring the same from being
bound to see the application or being answerable for the
loss, misapplication, non-application thereof.
f) The Trustees for the time being of these presents shall be
respectively chargeable only for such Trust fund and
income including moneys, stocks, funds, shares and
securities as they shall respectively, actually receive
notwithstanding their respectively signing any receipts for
the same of conformity and shall be answerable and
accountable only for their own acts receipts and neglects or
defaults or dishonestly respectively and in particular no
trustee shall be bound to take any steps to or proceedings
against co- trustee for any breach or alleged breach of trust
committed by such co-trustees.
The Trustees or Trustee of these presents for the time
being may reimburse themselves, himself or herself and
pay and discharge out of the funds or moneys in their
hands expenses incurred in or about the execution of the
Trustees in exercise of the power of these presents.
If the Trustee of these presents shall be a Solicitor,
Advocate, Chartered Accountant, Architect or a person
engaged in any other profession he, she, his or her firm
shall be entitled to charge for his or her or their and firm's
professional or other services including all profits, costs and
charges inspite of the fact that he or she shall be the
MR. ABDULLAH ABBAS SHAIKH
trustee of these presents and whether such charges are in
the ordinary course of this profession or not and although
they may not be of a nature requiring the employment of a
Solicitor, Advocates, Chartered Accountants, Architects or
other professional person.
g) INDEMNITY: The Board of Trustees shall be indemnified
for any act done by them in good faith in the course of the
administration of the Trust.
h) IRREVOCABILITY:The Trust hereby declared and created
shall be and shall remain irrevocable for all times and the
Settler doth hereby release, relinquish, surrender and
determine his/her right or power if any which may be
regarded as having been reserved to him/her either by
these presents or otherwise howsoever to restore to
himself/herself or to reclaim any interest in the Trust and
the investments for the time being representing the same
or the income thereof TO THE INTENT that the Trust fund
may be held by the Trustees upon the Trusts and with and
subject to the power provisions, agreements and
declarations contained in these presents to the entire
exclusion of the Settlor and/or any benefit to the Settlor by
contract or otherwise.
i) APPLICABILITY OF TRUST ACT: The provisions of the
Bombay Public trust Act 1950 shall apply to all matters not
specifically mentioned in these presents.
j) APPLICATION OF INCOME TAX ACT: All clauses herein
are intended to secure exemption from Income Tax on the
income of contributions and donations to the Trust and any
clause or portion of this Deed of Trust which is inconsistent
with or repugnant to the sections of the Income Tax Act,
1961 as amended, substituted or modified from time to
time, shall be deemed to be deleted or modified with effect
MR. ABDULLAH ABBAS SHAIKH
from the date on which the sections to which the clause or
part of a clause is repugnant or inconsistent comes into
force.
k) DISSOLUTION: In the event of dissolution of the Trust, the
entire Trust funds shall be realized and first be used for
payment of liabilities of the Trust. The assets left if any,
shall be disbursed to other Trusts or Associations having
similar objectives after obtaining previous approval of
Commissioner of Income-tax and in no event it shall be
distributed in any manner, to any of the Board of Trustees
or their relatives or related concerns.
IN WITNESS WHEREOF the parties hereto have executed
this Deed on the day and year first herein above written.
SIGNED SEALED AND DELIVERED )
by the withinnamed Settler )
MR. ABDULLAH ABBAS SHAIKH
in the presence of )
_________________________________ )
SIGNED SEALED AND DELIVERED )
by the withinnamed Trustee )
MR. ABDULLAH QADRI SHAIKH
in the presence of )
________________________________ )
MR. ABDULLAH ABBAS SHAIKH
I SAY RECEIVED RS. 5000/-
WHICH IS HELD AS CASH ON HAND.
MR.ABDULLAH ABBAS SHAIKH
MR. ABDULLAH ABBAS SHAIKH