DEED OF DECLARATION OF WELFARE TRUST
DEED OF DECLARATION
OF WELFARE TRUST
By this DEED
OF DECLARATION OF TRUST, made at Karachi on this day of July 2014. I, Zia-ul
Haq Babar S/O Muhammad Latief,
Muslim, Adult, holding C.N.I.C No. 42201-9080172-5,
resident of House No. A-101, Block-18, Gulshan Iqbal, Karachi, (as Founder / life time Trustee), do
hereby create a Trust of Rs.10000/- (Rupees Ten Thousand only) forming the
subject matter of Trust to be known as “PAKISTAN NEW DAY HOPE TRUST” situated at Suit No. 507, 5th
Floor, Business Plaza, Mumtaz Hassan Road, Off. I.I.Chundrigar Road, Karachi,
with in local limits of PS. Kharadar Kharachi and to transfer the said
amount along with the rights of control over the management and administration
of said Trust to the Board of Trustees with stipulations and conditions, here
below set in:-
That the
Board of Trustees shall consist of following Trustees. I do hereby appoint the
First Board of Trustees including myself as under:-
1. CHAIRMAN
Zia-ul
Haq Babar S/O Muhammad Latief.
C.N.I.C
No. 42201-9080172-5.
R/O:
House No. A-101, Block-18, Gulshan Iqbal, Karachi.
2. VICE
CHAIRMAN
Izhar-ul Haq Qamar S/O Muhammad
Latief,
C.N.I.C No. 42000-0570347-9,
R/O:
House No. A-101, Block-18, Gulshan Iqbal, Karachi
3. PRESIDENT
Talat
Nasreen W/O Abdul Razaq
C.N.I.C
No. 35201-2262186-6
R/O:
House No. A-101, Block-18, Gulshan Iqbal, Karachi.
4. VICE
PRESIDENT
Irfan
Razak S/O Abdul Razak
C.N.I.C
No.
R/O:
House No. A-101, Block-18, Gulshan Iqbal, Karachi.
5. GENERAL
SECRETARY
Muhammad
Latief S/O Rehmat Ali
C.N.I.C
No. 31304-2118395-9
R/O:
House No. A-101, Block-18, Gulshan Iqbal,
Karachi
6. JOINT
SECRETARY
Amjad
Ali S/o Muhammad Rasheed.
NIC No:4220124993135,
R/O:
House No. A-101, Block-18, Gulshan Iqbal,
Karachi
7. FINANCE SECRETARY
Waseem-u-Haq
S/O Muhammad Latief
C.N.I.C
No. 42000-0570349-7
R/O:
House No. A-101, Block-18, Gulshan Iqbal, Karachi.
8. EXECUTIVE
MEMBER
Hafiz
Raza-ul-Haq Javaid S/O Muhammad Latief
C.N.I.C
No. 42000-0556031-5
R/O:
House No. A-101, Block-18, Gulshan Iqbal,
Karachi.
9. EXECUTIVE
MEMBER
Irfan-ul-Haq
S/O Muhammad Latief
C.N.I.C
No.
R/O:
House No. A-101, Block-18, Gulshan Iqbal, Karach.
10. EXECUTIVE
MEMBER
Ihsan-ul
Haq S/O Muhammad Latief
C.N.I.C
No. 31304-1399442-5
R/O:
House No. A-101, Block-18, Gulshan Iqbal, Karachi.
11. EXECUTIVE
MEMBER
Rashid
Mehmood S/O Nawab Deen,
C.N.I.C
No. 4230189903441,
R/O:
House No. A-101, Block-18, Gulshan Iqbal,
Karach
Hereinafter
called as founders of the TRUST and can be extended time to time. Whereas there
exists PAKISTAN NEW DAY HOPE TRUST
situated at Suit No. 507, 5th Floor, Business Plaza, Mumtaz Hassan
Road, Off. I.I.Chundrigar Road, Karachi with in the local limits of PS Kharadar
created for and in respect of the general and better welfare of Public / Members
/workers of the trust to the whole of Pakistan.
NOW THEREFORE THIS DEED WITNESSETH AS UNDER:-
It is hereby
declared that the objectives and scheme of the Working of the said trust, shall
always be deemed to be as follows and also that as from the execution thereof,
we the Trustees and our heirs or successors in interests shall continue to
manage the affairs of the entire Trust and the properties belonging to the trust.
The said trust shall also look after the affairs of day today nature work and
of any other organization(s) coming to the subsequent supervision of the trust.
1.
That the Declarant including
the nominated above trustees, shall form the First Board of Trustees and Zia-ul
Haq Babar S/O Muhammad Latief,
Muslim, Adult, holding C.N.I.C No. 42201-9080172-5, R/O: House No. A-101,
Block-18, Gulshan Iqbal, Karachi, Shall
be its First Chief Executive
/ Chairman / founder and life time trustee who shall hold his office during his
entire life time and he will enjoy all the powers to appoint or remove any of
the members of Trustees, etc. at his sole discretion. In case of his death, The
General Secretary shall be appointed as Chairman in his place.
2.
That the management and control
of the said Trust shall be vested in the present Chairman such as power to make
correspondences etc. with any person or institutions, inter-alia other powers,
fully described hrein below. The present Board of Trustees shall consist of not
less than five or not more than 21 members who have attained the age of
21years.
3.
That in the interest of trust,
the Board of Trustees shall have the discretionary power to appoint more trustees
as and when they deem fit and proper.
4.
That the founder of the trust
is fully authorized to make any amendment in by-laws of the “PAKISTAN NEW DAY
HOPE TRUST” situated at Suit No. 507, 5th Floor, Business Plaza,
Mumtaz Hassan Road, Off. I.I.Chundrigar Road, Karachi and to hold the charge of
the trust after the expiry of the Chairman with all extreme powers shall
automatically be referred to the founder.
5.
That the trustee shall cease to
hold the office if:
A.
He holds or accepts any office
or place or profit under the Board of Trust.
B. Becomes
insolvent.
C. Becomes
criminal etc.
D. Is
convicted in any crime.
E.
Becomes unsound mind, infirm or
incapable of acting.
F.
Remains absent from 6 consecutive meetings of
the Board of trustees without just and reasonable grounds:
G. Does
may act omission detrimental to the general interest of the trust.
H. The
trust shall be non political, non sectarian and non religious.
6.
AIMS & OBJECTIVES OF THE
TRUST
Ø To
hold conferences, meetings, seminars, awareness camps for promotion of good
ideas, exchange of knowledge, solving of social problems and to prepare the
people for betterment & consensus of the Nation.
Ø To
print, publish periodicals, publications of public values & lectures for
useful knowledge and also to maintain & build public libraries.
Ø To
propagate, promote & preserve Islamic principles, traditions & culture
by establishing institutions & schools.
Ø To
provide legal assistance to the poor, destitute, orphans, windows,
indigent, juvenile delinquent and other deserving litigants involved in cases
relating to family law, accident & detention.
Ø To
provide free medical aid to the poor, destitute, orphans, windows, indigent and
other deserving peoples.
Ø Such
other activities that are incidental or conductive to the attainment of any of
all above aims and objectives of the trust.
Ø To
work against poverty and to work for social problems of people of disadvantages
section of Pakistani community.
7.
That now therefore, this deed
is witnessed that we the aforesaid trustees do hereby declare and acknowledged
that we hold and shall all times seize and possess the trustee funds and all
sums and money herein hereinafter given subscription or donations for purposes
of threes presents to pay and apply the same in accordance with the provisions
and directions by way of illustration hereinafter indicated.
8.
That the declaration shall be
the trustees forming the First Board of trustee and I MR. IZHAR UL HAQ QAMAR shall
be its First Chief Executive/Chairman / founder. HAJI ABDUL LATIF S/O REHMT ALI
shall be General Secretary and MR WASEEM UL HAQ shall be Finance Secretary of
the trust.
9.
That the Chief Executive of the
Trust shall have a right to call extra meeting of the trust on his own accord
on the written requisition of three trustees and requisition shall state the
object for which the meeting is called.
10.
That the Board of trustees shall
call a meeting at least once in three months. The minutes of the meeting will
be recorded and will be signed by trustees and will be confirmed by Chief
Executive.
11.
That the present Board of
Trustees will manage the trust property to the best of its ability and may for
such purposes engage or employ Manager, Agents, contractors, accountants, advocates
or other assistants may be conducive carrying on the subject of trustee
efficiently as well as economically.
12.
That vacancies existing or
otherwise in the Board of trustees or office shall be filled upon by the
remaining and continuing trustees on majority decision.
13.
That the trustees may accept
all donations, grants, presents, stipends, and other property for the purposes
of carving out the object of the trust as aforesaid and convert any property
acquired by purposes or otherwise into any other kind as to effectuate the
object aforementioned.
14.
That the trustee shall open
account in the name of “PAKISTAN NEW DAY HOPE TRUST” situated at Suit No. 507,
5th Floor, Business Plaza, Mumtaz Hassan Road, Off. I.I.Chundrigar
Road, Karachi, in any scheduled bank and shall operate by any two of the
trustees who are authorized to sign the cheques.
15.
That the income of the such
trust and properties shall only be utilized for the charitable purposes.
16.
To maintain, equip expand and
to administer the affairs of the said trust and its properties.
17.
To acquire properties by lawful
means for the expansion, uplift and progress of the said Trust.
18.
To receive, take title to, hold
and use the proceeds and income of stocks bonds obligations, for other
securities of any corporations or corporations, domestic or foreign, but only
for the foregoing purposes, or some to them.
19.
The trust shall have full power
to do all things/to take and adopt all other steps /ways and means for the
providing/rendering welfare services for the members and their dependants i.e.
sons/daughters/wards or parents in any one or more of the fields mentioned
below.
20.
In case of any emergency the
Trust have full power to receive/collect extra collections/contributions (other
than the prescribed subscription from all the members as may be decided in the
emergency of the situation or due to natural climates.
21.
To establish rehabilitation centers
or physiology disable and mentally retarded community. To educate them and to
teach them skills and other technical know-how so that they may pass their
lives honorably and may earn their livelihood in a dignified manner without the
help of others.
22.
To invite a number of Foreign
Welfare Delegations, dignitaries and diplomats to visit the Trust and exchange
view on matters of mutual interest.
23.
To establish community relation
and liaison between National and International organizations and Agencies like
UNCHS, UNCEF, WHO, AFESD, ASEAN, AND OECD and other international organizations
of repute, for the purpose of and in the interest and field of .
i.
Aid Development and Economics
Co-operation.
ii.
Arts and culture.
iii.
Education.
iv.
Medicine and Health.
v.
Social Welfare.
vi.
Youth and Students.
vii.
Trade, Industry and Residential
Houses.
viii.
Democracy.
With a view to provide effective
welfare services.
24.
FUNCTIONS & POWERS OF THE
BOARD OF TRUSTEES
a)
To lay down general plan of
work.
b)
To decide a plan of action of
Trust.
c)
To adopt the annual report of
the Trust.
d)
To sanction expenditures.
e)
To pass the audited accounts of
Trust.
f)
To appoint Trustees/Members if
there exists any vacancy in the board of Trustees.
g)
To constitute Sub-committee to
carry-out different functions.
h)
To control the affairs of the
Trust.
i)
To arrange for appointments,
removal, discharge, dismissals and the appointments of paid employees of the
trust.
25.
MEETINGS OF BOARD OF TRUST:
a.
The Board of the trust shall
meet at least once a month to discuss and settle the financial implications,
requirements and or other affairs of the trust.
b.
Emergent meetings of the Board
of Trust may be conveyed on a shorter notice of at least one clear day in
advance.
c.
Three clear days notice in
advance will be necessary for ordinary meetings.
d.
That quorum of the meeting
shall always be 3 (three) trustees, or 1/3rd of total number of the trustees, whichever is
greater, and all questions shall be decided by simple majority of votes, but in
case of equal votes. The Chairman shall have the right of casting vote.
e.
That if there is no quorum with
30 minutes of the scheduled time, the meeting will be adjourned, and will meet
again next following day at the same place and time, but without any quorum.
f.
Short minutes of the meeting
shall be reduced in writing and signed by all these attended.
26.
POWERS AND FUNCTIONS OF THE
OFFICE BEARERS
1.
CHIEF
EXECUTIVE / CHAIRMAN
a.
Chairman will be the
constitutional head of the Trust having the authority to preside over the meetings
and enjoy the rights of casting vote in case the house is divided equally and
he will administrate and manage affairs of the trust and will receive donation
and other monies. The Chairman authorizes to collect fund by any of the person
of the said trust or any other community as he may deem fit and proper.
b.
In absence of Chairman, the
meeting shall be president over by vice chairman and in the absence both, the
meeting shall be president over by president or by any senior trustees elected
amongst those attending for such meetings.
c.
Chairman is authorized to
sanction for the emergent expenses. Such amount should not exceed more than Rs.20,000/-
[Twenty thousand only]. Approval of which shall have to be taken later on in
the forthcoming meeting of the Board of Trustees.
2.
VICE
CHAIRMAN
a.
In absence of chairman the
functions of chairman will be performed by the vice chairman.
3.
PRESIDENT
:
a.
President will be immediate to
the chairman and will assist the Chairman in discharging of his / her duties.
b.
President will be authorized to
sanction for the emergent expenses. Such amount should not exceed more than Rs.10,000/-
[Ten thousand]. Approval of which shall have to be taken later on in the forthcoming
meeting of the Board of Trustees.
4.
VICE
PRESIDENT
a. In
absence of chairman the functions of chairman will be performed by the vice
chairman
5. GENERAL SECRETARY:
a. The General Secretary shall be the head and incharge of the office
affairs of the Trust.
b. General secretary will keep in safe custody all the documents and
other records of the trust.
c. General secretary will arrange for calling of the meetings and
issue notices.
d. General secretary will sanction emergent expenses up to Rs.
10,000 at a time for which approval shall have to be taken later on in the
forthcoming meeting of the Board of Trustees.
e. General secretary will correspond on behalf of the trust and
terminate any trustee in case of misconduct.
f. General secretary will sign and execute all the agreements,
lease deeds, on behalf of the trust and will represent in the trust before all
the Courts, Registrars and Sub-Registrars, Government, & all other Government and private
concerned offices etc.
g. General Secretary will receive donation and other amounts and
issue receipt thereof
6. JOINT
SECRETARY:
a. He
will assist the General Secretary in discharge of his duties.
7.
TREASURER:
a.
To maintain or cause to be
maintained proper accounts and books of accounts of income and expenditure of
the Trust.
b.
To receive donations and other
amounts and issue receipts thereof.
c.
To keep all monies funds of the
trust.
d.
To make payment with the
approval of the Chairman or General Secretary.
e.
To keep with him asum of
Rs.1000/- for the day to day routine expenditures.
f.
To operate bank accounts and
draw cheques etc. with the joint signature of the Managing Trustee/General
Secretary and or by the Chairman.
8. EXECUTIVE
MEMBERS:
The executive member will be responsible:
a.
To conduct the affairs of the
association
b.
To determine variations,
improvisations activities, issues and to take such steps to attainments of aims
and object.
27.
BANK ACCOUNTS:
That
the accounts of the Trust shall be kept in any schedule Bank under the name of the Trust of “ PAKISTAN NEW DAY HOPE
TRUST” situated at Suit No. 507, 5th
Floor, Business Plaza, Mumtaz Hassan Road, Off. I.I.Chundrigar Road, Karachi
and such account shall be operated by Chairman/Treasurer/Managing Trustee
and/or other Trustee authorized by the Chairman/Managing Trustee.
28.
MAINTENANCE & AUDITS OF
ACCOUNTS:
A.
That the accounts of the Trust
shall be in a scheduled bank and all the withdrawals shall be made by cheques
jointly signed by the Treasure and either by Chairman and or other joint
signature of the General Secretary and A/C shall operate by any two of the
trustees who are authorized to sign the cheques.
B. That
Financial Year shall be from 1st January
to 31st December every year.
C. That
Full Accounts of the Trust shall be audited every year by a registerd Chartered
Accountant.
D. That
No donation or grant shall be made to any other Trust Fund or Organization which
is not approved under section 47 of the Income Tax Ordinance. 1979.
E.
That a full statement of the
income and Expenditures together with Balance Sheets be prepared in proper
manner.
F.
That the control of the affairs
of the Trust Funds shall vest in the Board of Trustees and quorum of the
meeting of the Board of Trust in which the control of the Trust funds is
discussed shall not be less than 3 and /or 1/3rd of the total number of the Trustees
which ever is grater.
29.
STAFF OF THE TRUST:
All
paid staff shall be appointed with the mutual consent of the Chairman and General
Secretary and formally approved by the Board of Trustees. No paid employee or
staff of the Trust shall have any right to interfere in the management and
affairs of the Trust in any manner what soever, otherwise he shall be liable to
be dismissed.
30.
MISCELLANEOUS:
No
person/employee/servant and other staff of the trust shall have any right or other
staff of the Trust shall have any right to interfere in the management and the affairs
of the Trust in any manner otherwise he shall be liable to be dismissed. All
the agreements, lease deeds, etc. shall be executed in the name of the Trust. That
No change, additions, alterations shall be made in the trust deed without prior
approval of the Board of Trustees. That the Trust shall utilize its income and
donation received
by it during the preceding year for achieving its aims and objectives and any
money set a part or not utilized not exceed twenty five percent or ten thousand
rupees, whichever is less and amount exceeding will be invested in Govt.
Securities or N.I.T.Units under intimation to the concerned Commissioner of
income Tax. The Board of Trust shall confine its activities only to the aims
and objectives of the Trust as set forth and the money, income and property of
the Trust from whatever sources derived, shall be applicable solely towards the
promotion of the objections of the Trust and no portion thereof shall be paid
or transferred directly or indirectly by way of profit or dividend, bonus or
otherwise, to any of is Trustees or their relatives. Violation of this condition
shall be the personal liability of the Trustee concerned. By the 31st January, each year after the grant
approval, Under Section 47(d) of the Income Tax Ord. 1979 a renewal application
would be made to the concerned Commissioner of Income Tax along with the
required documents. That the profit by way of any kind of business shall be
invested to the Trust and the salary/expenses shall be given to the Trust
Workers, Trustees, Employees for their welfare/ relief / assistance
/prosperity. Subject to other provisions of these presents, the trustees shall
be authorized to frame such Rules and Regulations from time to time, for the
management and administration of the Charities as they shall think fit alter or
vary the same time to time and to make new Rules and Regulations. That such
Rules and Regulations shall not be inconsistent with the intents Aims and Objects
of these presents.
31.
DISPUTES AND ARBITRATION:
Whenever
any difference arises amongst the Trustees in respect of the construction or
the meeting of any of the clauses of this Trust Deed or in connection with the
execution of the Trust or an act or thing to be performed or done by them very
such matter shall be referred to two Arbitraries appointed in accordance with
the Arbitration Act 1940 or any modification thereof in force whose decision
shall be final and binding upon the Trustees.
32.
SUITS AND LEGAL PROCEEDINGS:
Any
suit and legal proceeding by or on behalf of the Trust be defended /instituted
in the name “PAKISTAN NEW DAY HOPE TRUST” situated at Suit No. 507, 5th
Floor, Business Plaza, Mumtaz Hassan Road, Off. I.I.Chundrigar Road, Karachi, shall
be signed by the Chairman/Managing Trustee or any Member or Trustees nominated
by the President/Managing Trustee in this behalf. Expense of such proceedings
shall be incurred and remuneration determined and paid in accordance with the
directions of the Managing Trustees. That income of the Trust funds and
properties shall only be utilized for charitable purposes and for the smooth
function of the Trust “ PAKISTAN NEW DAY HOPE TRUST”. That the accounts of the
Trust shall be subjected to audit at the end of each financial year comencing
from 30th day of June of each
English Calendar year. That the President/Managing Trustee shall have the power
to make out a policy and take policy decision in the interest.
33.
DISSOLUTION:
That
the Trust can only be dissolved by dissolved by a resolution of the Board of
Trustees passed by 2/3rd Majority
of the present and voting quorum for such meeting being 3/4th of the total number of the Trustees on roll of
the Trust at the relevant time. The assets left after meeting, the liabilities
if any, shall on the Dissolution be transferred to some other institution,
funds or Trust having the similar Aims and objectives and approved U/S 47 (1)
(d) of the income Tax Ord. 1979, under the intimation to the Board of Federal
Government, within Three months of the said Dissolution.
IN WITNESSES WHEREOF,
the Declarant above named has set & subscribed his respective hands unto
these presents at Karachi on the day, month, Year as first above mentioned.
[EXECUTANT]
________________________
CHAIRMAN
Zia-ul Haq Babar
S/O Muhammad Latief,
C.N.I.C No. 42201-9080172-5,
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi.
WITNESSES:
1_______________________
_________________________
_________________________
2_______________________
_________________________
_________________________
Ref.No._______________ Dated:_________________
RESOLUTION
Today
on this ------ day of September- 2014, meeting held at the office of
“PAKISTAN NEW DAY HOPE TRUST situated at Suit No. 507, 5th Floor,
Business Plaza, Mumtaz Hassan Road, Off. I.I.Chundrigar Road, Karachi in which
following members participated and discussed the following issues and Trust
Committtee was established by the members for running the affairs of the Trust
in affective manner in this meeting, it was unanimously decided that
“Founder/Chairman” of the Trust shall be Zia-ul Haq Babar
S/O Muhammad Latief,
Muslim, Adult, holding C.N.I.C No. 42201-9080172-5, R/O: House No. A-101,
Block-18, Gulshan Iqbal, Karachi, and all the
members of Committee authorize & nominated “Founder/Chairman” of the Trust,
to run and operate the entire management, financial, development affairs as
well as legal affairs. He is also empowered and authorized to appear personally
before the Concerned Registrar /Sub-Registrar and to get register Trust Deed of
the said Trust .All the members express their confidence upon him.
______________
CHAIRMAN
Zia-ul Haq Babar
S/O Muhammad Latief,
C.N.I.C No. 42201-9080172-5,
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi.
__________________
VICE CHAIRMAN
Izhar-ul-Haq
Qamer S/O Muhammad Latief.
C.N.I.C No. 42000-0570347-9
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi
_________________
PRESIDENT
Talat Nasreen W/O
Abdul Razaq
C.N.I.C No. 35201-2262186-6
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi.
___________________
VICE PRESIDENT
Irfan Razak S/O
Abdul Razak
C.N.I.C No.
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi.
________________________
GENERAL SECRETARY
Muhammad Latief
S/O Rehmat Ali
C.N.I.C No.
31304-2118395-9
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi
_____________________
JOINT SECRETARY
Amjad Ali S/o
Muhammad Rasheed.
NIC
No:4220124993135,
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi
________________________
FINANCE SECRETARY
Waseem-u-Haq S/O
Muhammad Latief
C.N.I.C No.
42000-0570349-7
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi.
____________________________________________________________
EXECUTIVE MEMBER
Hafiz Raza-ul-Haq
Javaid S/O Muhammad Latief
C.N.I.C No.
42000-0556031-5
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi.
_______________________
EXECUTIVE MEMBER
Irfan-ul-Haq S/O
Muhammad Latief
C.N.I.C No.
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karach.
_______________________
EXECUTIVE MEMBER
Ihsan-ul Haq S/O
Muhammad Latief
C.N.I.C No.
31304-1399442-5
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karachi.
_______________________
EXECUTIVE MEMBER
Rashid
Mehmood S/O Nawab Deen,
C.N.I.C No.
4230189903441,
R/O: House No.
A-101, Block-18, Gulshan Iqbal, Karach
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