CONSTITUTION AND BYLAWS Of MUSLIM WELRE (TRUST) ORGANIZATION
HO. SAIDA KADAL,SRINAGAR.
TITLE: These rules may be called as "THE MUSLIM WELFARE (TRUST) ORGNSATIION
Rules, 1984” and shall form, constitute & include the “Constitution and Bylaws for the
TRUST” & shall there for be, as such, deemed & termed to be the articles or the sections
for the respective practical purposes.
2. COMMENCEMENT: These rules shall come into force with effect from 16th July,1984
the day when these got approved under the Registration of Societies Act VI of 1998.
.
3.HEADQUARTERS & THE OFFICE: The headquarters of the trust association shall
be at Srinagar, Kashmir. The opening of the other offices shall be decided by the
Executive body from time to time.
4. DEFINITIONS: In these rules unless the context otherwise requires
(a) Trust:- means "THE MUSLIM WELEARE (TRUST) ORGANIZATION".
(b) MUWEST:- Means & shall form the short abbreviation for “THE MUSLIM WELFARE
(TRUST) ORGANISATION” .
(c) Member:-means ordinary contributory member(s), other than a life member.
(d) Executive Committee- means the executive committee (body) of the trust
under these rules & constituted by the Life members together with the Office
bearers of the Trust, and the said executive committee together with the
members of the Trust shall constitute the GENERAL BODY of the Trust.
5. AIMS AND OBJECTS:
(a) To provide help or the means of help to the deserving people without any
Consideration to the caste, creed or colour.
(b) To provide education or the means of education to all with special care to the
efficient and outstanding students not otherwise having means to follow it, including
that also to the Special children, with more special care.
(c) To provide education and the means of education based on GOD WORSHIP,
HUMANITY, and THE LIFE AFTER DEATH as depicted in the HOLY QURAN, with
Professional, intellectual & academic education in the scientific, technical, literature
fields and also the compulsory education on the respective religious books of the chil-
dren for their character building towards the peace, brotherhood, help and love for all.
(d) To endeavor for prosperity of mankind and to find ways and means to raise the
standard of life, efficiency and knowledge and to improve the tone of work by
individual Initiative and joint effective methods.
(e) To promote feelings of fraternity and self help among the humanity by education
and discussions and other effective means.
(f) To provide medical aid or the means of care to the deserving, poor and the
disabled persons.
(g) To provide free education and help to the orphans, unfit persons and to the
destitutes.
(h) To foster a spirit of natural awareness, self reliance and self-respect among the
people and to ensure the effective methods for the general goodness of the people
without consideration to colour, creed, caste or religion, with special emphasis to the
education on the comparative religions towards the moral uplifting of the children
and the adults.
6.POLICY OF THE TRUST:
(a) The trust shall not have any affiliation with any political party nor shall It maintain any
political fund or lend itself to the propagation of the views of any political party or
politicians.
.
7.OBLIGATION TO FEDRATE:
(a) The trust may federate with any other organization or trust, registered / recognized by the
Government, subject to the condition that the Trust shall be governed by its own rules and
laws.
8. FUNDS OF TIE TRUST:
(a) The trust shall raise the funds for the furtherance of its aims and objects from the open
and legal sources
(b) The main source of income shall be through donations and membership fee by the
members including the life members and by the fee of institutions established by
the trust.
(c) The trust may also create the funds by an appeal and the persuasion to the general
public in order to get the sufficient donation atop for the Trust.
(d) The Trust shall endeavor also for the permanent source of income by way of
Creating moveable and immovable properties/assets.
9. MEMBERSHIP:-
Any prudent person with good moral character may become a member of the Trust
provided he agrees with the aims and
objects of the Trust, and shall pay the monthly membership fee regularly. The executive
body however has the right to reject the offer for membership of any person without
giving any reason, if the same is in the interest of the Trust. The membership fee shall,
from time to time, be decided by the Executive Body with ¾ majority.
10. LIFE MEMBERS:-
(a) The Trust shall have fifteen life members and every life member shall be a member
for his life, unless otherwise provided under these rules:
Provided that the life members at the first stage shall be nominated/ elected, out
of the Initiators , founders, well-wishers or the donators of the Trust, by such initiators,
founders, well-wishers and donators with mutual understanding.
Provided further that the number of the life members can be increased at any
time by the 3/4 consent of the total number of management (Executive body), and a
person thus admitted as a life member should be basically a member of the Trust and
preference shall be given to a member who has been a member without
any break for ten years.
(b) Not withstanding anything contained under these rules, the executive body may by
the majority of 3/4 of the total number of its (executive body) members, grant relaxation
to the requirement of ten years period of membership, as preferential qualification, for
the admission of a member as the such life member, in case the said member is
otherwise fruitful for the Trust or is preferable to a member / members with the seniority
of ten years.
(C) Provided also that the candidate proposed to be a Life member should bear a good
moral character and should never have been punished, by way of verdicted
imprisonment, for any criminal immoral activity by any court of law.
11. OFFICE BEARERS:
The Trust shall have the following office bearers:-
(i) President
(ii) Vice President
(iii) General Secretary
(iv) Two joint secretaries
(v) Treasurer
(vi) Accountant
(vii) Organizer.
12. MANAGEMENT:
(a) The affairs of the trust shall be managed and conducted by an executive committee
constituted of (i) Office bearer (ii) Life members.
(b) Every office bearer and life member may exercise a vote, provided that when
a life member is also holding the post of an office bearer, he/she shall exorcise
only one vote at a time.
(c) The ordinary matters not involving the disposal of any property or the removal of
life member, may be decided by simple majority.
(d) The disposal of any Trust property for the benefit of the Trust, shall require 3/4 majority
Consent of the members of executive body, but also the concurrence of all
the total number, of the Life members. The same majority shall be required for
the other extra ordinary matters also, except in case of the removal of life
member. Provided that whether a matter is extraordinary or not shall be decided
by ¾ majority of the Life members. Provided further that the
executive Committee shall maintain a minute book and record in it all the
decisions including the meeting discussions, proceedings and other like &
relevant matters. This minute book shall form a part of the Trust records.
13. ELETION, APPOINTMENTS & NOMINATIONS:
(a) The election for the post of president. Vice president, general secretary and the
treasurer shall be done out of the life members.
(b) In case of other office bearers, preference shall be given to the life members and
then to the members.
(c) Every Officer bearer shall hold the post for three years.
(d) Office bearers other than the president and the General Secretary shall be filled up
either by the election or by the nomination.
(e) For the purpose of the election, the general body shall form the electoral college.
(f) The election shall be by the secret ballot.
(g) After every three years, the new election date shall be fixed by the majority of life
members. lf after three years, when the election is due no fresh date is fixed for the
election, the in chair office bearers shall continue to hold the respective posts until the
life members decide the election date and as such the new office bearers are elected.
14. QUORUM:
Incase of the general body meeting as electoral college,at least the 3/4 of the life members
together with at least 10% of the members shall from the quorum. In case of other General
body meetings the Quorum shall also include the 3/4 of Office bearers in addition to above.
15. FUNCTIONS DUTIES AND POWERS OF EXECUTIVE COMMITTEE
(ai) Subject to the provisions of these rules, the executive committee shall decide the
matters and the questions that may arise from time to time.
(b) Exercise general control over all the activities of the Trust.
(c) Place the monthly accounts in its meetings and arrange for the regular audit of
the accounts of the Trust.
(d) Take all legitimate steps in the fulfillment and furtherance of aims and objects of the
Trust
(e) The executive body may co-opt any member as its adviser, provided that, under the
special circumstances, any person other than a member may also be nominated
as the advisor of the Trust.
16. (DUTIES, FUNCTIONS AND POWERS OF THE OFFICE BEARERS.
(i) (a) The President shall be the constitutional head of the Trust.
(b) He shall Preside over the meetings. supervise the work of the Executive committee
and shall be the immediate administrator of the trust.
(c) Make the appointments & the nominations of the other office bearers as
Provided under these rules with the clear consent of General Secretary and
the concurrence of the majority of the total life members.
(d) Make the appointment of any employee for the trust or any institution under
it in consultation with the life members.
(ii) The Vice President shall represent the president and shall have the same powers
as that of the President, in his absence.
(iii) The general secretary shall
(a) Be the chief executive of the Trust and the custodian of its property,
(b) Carry on all the work of the Trust, implement the decisions and convene the
meetings of the general body in consultation with the president.
(c) Maintain necessary records and shall supervise all the institutions working
under the Trust.
(d) Keep the president informed regarding all the important matters pertaining to
the Trust and its institutions
(e) Be represented by the Vice President in his absence.
(iv). The Jt. Secretaries will assist the General Secretary in his work. One of the two
Jt.Secretaries shall be in charge of all publications and shall be also responsible
for the uniform distribution of the publicity material and the maintenance of its
accounts.
(v). The treasurer
(a) Shall be custodian of funds and responsible for the maintenance of its proper accounts.
(b) Shall issue official receipts for all the money received & obtain vouchers for all the
expenditure and shall always keep the detailed accounts of cash with him, in the Trust
account books.
(vi).(a) The accountant shall maintain proper accounts of the Trust as the Cashier of
the Trust.
(b) Prepare accounts statements for presentation to the executive committee
regularly and shall also be responsible to face the audit party and get the
accounts audited at least once in a year.
(vii). The organizer shall be-
(a) responsible for the organizational matters of the Trust.
(b) responsible for giving the Trust the organizational structure as envisaged under
these rules and convene the meetings as & when required.
17. TRUSTEES
All the life members shall be ex-officio the trustees for the property belonging to the trust
and the president shall supervise the assets / property through the General Secretary, who
shall be the ExecutiveTrustee, for all practical purposes, on behalf of the Life members. A
separate register shall be maintained for the assets/property of the trust by the General
Secretary and the same shall form the an agenda point in every Trust meeting.
18. LEGISLATIVE POWERS
The Executive Body of the trust shall legislate; make rules, sub rules, byelaws and issue
circulars, orders, procedural instructions in the interest of the Trust and for the better
performance of the organs working under the trust, Provided that all such rules, Bylaws,
circulars, orders and other procedural instructions shall always be issued within the frame work
of the policy of the Trust under the Trust Constitution and shall in no case violate it.
19. MEETINGS
(a) The executive body shall meet at least twice a month and the general body thrice a year .
(b) Not withstanding the provision of rule
19(a) above, a meeting may also be convened by
the President or General Secretary in consultation with the president or on a requisition
made by not less than four executive members presented to president who may call the
meeting after preparing & distributing the proper agenda before time.
20. BANK ACCOUNT
The funds of the Trust may be deposited in the bank upto the time a private chest is
arranged but no interest shall be accepted on the deposit and all such accounts shall be
opened by the President or the General Secretary only after passing the memorandum in
this behalf by the Executive Committee with simple majority and shall be operated in
accordance with such memorandum only.
21. SALARIES
The office bearers and the life members (Executive Committee) shall work for the
Trust without any remuneration provided that if a life member is employed in any
Institution of the Trust, the said life member may receive the due fixed salary:
Provided further that when the financial conditions of the Trust becomes sound the
executive committee may fix any remuneration for one or more office bearers, if owing
to increase in the work of the Trust, the whole or any part the working time of such office
bearer is involved regularly.
22. AUDIT.
The accounts of the Trust shall be audited every year by the qualified auditors, as may be
appointed, by the executive body. from time to time.
23. CESSATION OF MEMBERSHIP
(a) A person duly enrolled as an ordinary member of the Trust shall cease to be such
member if he has not paid regular monthly membership fee for a period of one
year and until he shall pay the arrears and promise to pay the future contribution
regularly, he shall loose seniority as such member.
(b) A life member may be ceased to be such life member if he has not paid regular monthly
membership for a period of one year, provided that such cessation is confirmed by a 3/4
majority of the other life members.
(c) In all proceedings under these rules no person shall be entitled to vote or to be counted
as a voter member or a voter life member whose subscription at that time shall have
been in arrears for a period exceeding three months or one year respectively.
(d) .Provided that a life member having been as such a life member continuously for twenty
years, neither ousted nor otherwise ceased to be as such life member, during the said
period, shall neither loose his such life membership nor can be ceased of such
membership during his life, except under rule 25 of this Constitution.
24. AMENDMENTS:
Any amendment to these rules shall be made by a majority of not less than 3/4 of the
executive body, Provided that such amendment shall not affect any way the framework,
basic concept and the central idea of these rules.
25. VOTE OF NO CONFIDENCE.
(a) If the integrity of any office bearer or a member of the Trust is doubted, the Executive
committee may remove him from his office by exercising 3/4 majority vote and a
simple majority vote respectively. Such Office Bearer or such member shall thereafter
stop to be such Office Bearer or such member for all practical purposes with
immediate effect..
(b) If the integrity of any life member becomes doubtful or his being such life member
becomes injurious to the Trust,3/4 majority of the Executive Committee may pass a
resolution and terminate him from such life membership, who shall thereafter stop to be
such life member for all practical purposes with immediate effect.
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Certified that the above rules of the constitution have been recast on their approval, this
day the 16 July 1984,the day the Trust got recognized by the Government of Jammu &
Kashmir vide NO:918-S of 1984, under The Registration of Societies Act VI of 1998,
and stand passed by the absolute majority of The Executive Committee of the Trust.
Srinagar
16-07-1984
S/d
PRESIDENT
MUSLIM WELFARE (TRUST) ORGANISATION
NO:…………………….. Date:- 17-07-1984
With the receipt of the approval & the registration certificate communicated vide the
Registrar of Societies NO: 2315-RS/4836 dated 17-07-1984, the above rules are hereby
issued to printing & publication section of the Trust for the information of all concerned, and its
immediate practical application in all the respective matters during the day to day working of
the Trust & the organs below it.
Srinagar, dated 17-07-84 M.A. Kachkar
Organiser cum Secretary
Muslim Welfare (Trust) Organisation