Constitution of the
Nazir Bazar Welfare and Education Trust UK
10th January 2012
The name of the Organisation is the Nazir Bazar Welfare and Education Trust uk (The Trust). It will be a non-political organisation working for the Bangladeshi community in the United Kingdom and in the Bangladesh particularly in Nazir Bazar locality (Bishownath, Dhayamir and Lalabazar union porished}.
Subject to the matters set out below the Trust and its property shall be administered and managed in accordance with this constitution by the members of the Board of Trustee, constituted by clause H of this constitution (‘the Board of Trustee)
For the benefit of the inhabitants in the United Kingdom and Nazi Bazar locality, who are in hardship and the Trust will:
- To relieve poverty, sickness and distress amongst Bangladeshis in need in the United Kingdom and Nazir Bazar locality.
- To provide help and support to the needy people in Bangladeshi specially people live around Nazir Bazar in Bangladesh
- To advance, education, preservation and protection of health amongst people of Bangladeshi origin.
- To provide facilities in the interests of social welfare for recreation and leisure time occupation with the object of improving the conditions of life of those persons.
- To promote the equality and good relations among British Bangladeshis and between persons of different racial groups.
In furtherance of the objects but not otherwise the Welfare Trust may exercise the following powers;
1. Power to raise funds and to invite and receive contributions provided that in raising funds the Board of Trustee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law;
2. Power to buy, take on lease or in exchange any property necessary for the achievement of the objects and to maintain and equip it for use;
3. Power subject to any consensus required by law to sell, lease or dispose of all or any part of the property of the Trust;
4. Power subject to any consents required by law to borrow money and to charge all or any part of the property of the Trust with repayment of the money so borrowed;
5. Power to employ such staff (who shall not be members of the Board of Trustee) as are necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the payment of pensions and superannuation for staff and their dependents;
6. Power to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the objects or of similar charitable purposes;
7. Power to establish or support any charitable trusts, or institutions formed for all or any of the objects;
8. Power to appoint and constitute such advisory or sub committees as the Trustee Board may think fit;
9. Power to terminate membership of any Trustee for good reason(s); provided that the individual concerned shall have the right to be heard by the Board of Trustee before a final decision is made.Powers to do all
such other lawful things as are necessary for the achievement of the said objects.
1. Any adult over the age of 18 living in the United Kingdom who subscribes to the objectives of the Trust and will have completed a Trustee Form form and paid an one off cotribution (agreed by the Board of Trustee) and shall have voting rights.
2. The Board of Trustee shall have the right to approve or reject application for Trusteeship.
F. Board of Trustee
A board of Trustee will be elected by the general Trustee in a general meeting and Board of Trustee will consist of up to 21 (Twenty One) elected members including 14 (Fourteen) office bearers. The office bearers shall be designated as under;
Vice – Chairperson (x 3)
Press and Publicity Secretary
Committee Members (7)
G. The Board of Trustee
1. The Board of Trustee shall consist of no less than 11 members nor more than 21 members being:
The honorary officers specified in the preceding clause (clause F) and a further 7 Board of Trustee shall hold office from the conclusion of that meeting for a period of two years;
2. The Board of Trustee shall retire from office together after serving two years at the end of the annual general meeting next after the date on which they came into office but they may be re-elected or re-appointed no more then another term.
3. The proceedings of the Board of Trustee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment or qualification of a member.
4. No person shall be entitled to act as a Trustee of the Board of Trustee whether on a first or on any subsequent entry into office until after signing in the minute book of the Board of Trustee declaration of acceptance and of willingness to act for the Trust.
H. Determination of Trusteeship of the Board of Trustee.
A Trustee of the Board of Trustee shall cease to hold office if he or she:
1. Is disqualified from acting as a member of the Board of Trustee by virtue of section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision);
2. Becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs;
3. Is absent without the permission of the Board of Trustee from all their meetings held within a period of six months and the Board of Trustee resolve that his or her office be vacated; or
4. Notifies to the Board of Trustee a wish to resign (but only if at least three Trustee of the Board of Trustee will remain on office when the notice of resignation is to take effect).
I. Board of Trustee not to be Personally Interested
1. Subject to the provisions of sub-clause (2) of this clause no Trustee of the Board of Trustee shall acquire any interest in property belonging to the Trust(otherwise than as Trustee for the Trust or receive remuneration or be interested (otherwise than as a Trustee of the Board of Trustee in any contract entered into by the Board of Trustee.
1. Any Trustee of the Board of Trustee for the time being who is a solicitor, accountant or other person engaged in a profession may charge and be paid all the usual professional charges for business done by him or her or his or her firm when instructed by the other Trustee of the Board of Trustee to act in a professional capacity on behalf of the Council: Provided that at no time shall a majority of the members of he Executive Council benefit under this provision and that a member of the Executive Council shall withdraw from any meeting at which his or her own instruction or remuneration, or that of his or her own firm, is under discussion.
J. Meetings and Proceedings of the Board of Trustee
The Board of Trustee shall hold at least two ordinary meetings each year. A special meeting may be called at any time by the chairperson or by any two members of the Board of Trustee upon not less than 5 days’ notice being given to the other members of the Board of Trustee of the matters to be discussed.
1. The chairperson shall act as chair at meetings of the Board of Trustee. If the chairperson is absent from any meeting, the first vice chair and if he/she absent subsequent present vice chair to be chair of the meeting before any other business is transacted.
2. There shall be a quorum when at least one third of the numbers of members of the Board of Trustee for the time being or six members of the Board of Trustee, whichever is the greater, are present at the meeting.
3. Every matter shall be determined by a majority of votes of the members of the Board of Trustee present and voting on the question but in the case of equality of votes the chairperson of the meeting shall have a second or casting vote.
4. The Board of Trustee shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Board of Trustee and any sub-committee.
5. The Board of Trustee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.
6. The Board of Trustee may appoint one or more sub-committees consisting of three or more members of Board of Trustee for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Board of Trustee would be more conveniently undertaken or carried out by a sub-committee: provided that all acts and proceedings of any such sub-committees shall be fully and promptly reported to the Board of Trustee.
K. Receipts and Expenditure
1. The funds of the Trust; including all donations, contributions and bequests; shall be paid into an account operated by the Board of Trustee in the name of Nazir Bazar Welfare and Education Trust (NWT) at such bank as the Board of Trustee shall from time to time decide. All cheques drawn on the account must be signed by at least two members of the Board of Trustee of the Chairperson, General Secretary or Treasurer.
1. The funds belonging to the Trust shall be applied only in furthering the objects.
1. All the properties of the Trust shall be held in the name of the Trust.
2. Subject to the provisions of sub-clause (2) of this clause, the Board of Trustee shall Cause and deal with according to this constitution and the rules here under:
(a) All land held by or in trust for the Council which is not vested in the Official Custodian for Charities;
(b) All investments held by or on behalf of the Trust.
The Board of Trustee shall comply with their obligations under the Charities Act 1993 (or any statutory re- nactment or modification of that Act) with regard to:
1. The keeping of accounting records for the Trust;
2. The preparation of annual statements of account for the Trust;
3. The auditing or independent examination of the statements of account of the Trust; and
4. The transmission of the statements of account of the Trust to the Commission.
N. Annual Report
The Executive Council shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Commission.
O. Annual Return
The Board of Trustee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual return and its transmission to the Commission.
P. Annual General Meeting
1. There shall be an annual general meeting of the Trust, which shall be held in the month of January in each year or as soon as practicable thereafter.
2. The Board of Trustee shall call every Annual General Meeting. The General Secretary shall give at least 21 days’ notice of the annual general meeting to all Trustee of the Trust. All the members of the Trust shall be entitled to attend and vote at the meeting.
3. The Board of Trustee shall present to each annual general meeting the report and accounts for the preceding year.
4. Nominations for election to the Board of Trustee must be made by members to the Trust in writing and must be in the hands of the General Secretary of the Board of Trustee 14 days before the annual general meeting. Should nominations exceed vacancies, election shall be by ballot.
5. The Board of Trustee shall appoint an Election Commission consisting of up to three persons who are independent of Nazir Bazar Welfare and Education Trust to conduct the elections of the Executive Council.
Q. Special General Meetings
The Board of Trustee may call a special general meeting of theTrust at any time. If at least ten members request such a meeting in writing stating the business to be considered the secretary shall call such a meeting. At least 21 days’ notice must be given. The notice must state the business to be discussed.
R. Procedure at General Meetings
1. The General Secretary or other person specially appointed by the Board of Trustee shall keep a full record of proceedings at every general meeting of the Trust
2. There shall be a quorum when at least one tenth of the numbers of members of the Trust for the time being or ten members of the Trust, whichever is the greater, are present at any general meeting.
Any notice required to be served on any member of the Trust shall be in writing and shall be served by the General Secretary or the Board of Trustee on any member either personally or by sending it through the post addressed to such member at his or her last known address in the United Kingdom, and any letter so sent shall be deemed to have been received by recipient after 5th
T. Alterations to the Constitution
1. Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.
2. No amendment may be made to clause A (the Name of Trust clause), clause C (the Objects clause), clause J (Board of Trustee not to be Personally Interested clause), clause V (the Dissolution clause) or this clause without prior consent in writing of the Commissioners.
3. No amendment may be made which would have the effect of making the Trust cease to be a Charity at law.
4. The Board of Trustee should promptly send the commission a copy of any amendment made under this clause.
If the Board of Trustee decides that it is necessary or advisable to dissolve the Trust it shall call a meeting of all members of the Trust of which not less than 21 days’ notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting at the meeting The Board of Trustee shall have power to realise any assets held by or on behalf of the Trust . Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of the Charity as the members of the Council may determine or failing that shall be applied for some other charitable purpose. A copy of the statement, for the final accounting period of the Council must be sent to the Commission.
V. Arrangements until first Annual General Meeting
Until the first annual general meeting takes place this constitution shall take effect as if references in it to the Board of Trustee were references to the persons whose signatures appear at the bottom of this document.
This constitution was adopted on the date mentioned above by the persons whose signatures appear at the bottom of this document, and on behalf of the Trust. working days.