Shri. Kapadwanj Dasa Shrimali Vanik Community Educational Welfare Fund
 

000 Constitution 000

1.        Name of the Trust  Trust:

The name of this trust shall be “Shri. Kapadwanj Dasa Shrimali Vanik Community Educational Welfare Fund”.

2.        Place of the Office of the Trust:              

    • The place of head office of Shri. Kapadwanj Dasa Shrimali Vanik Community Educational Welfare Fund Trust shall be forever at Kapadwanj and the administrative branches of Shri. Kapadwanj Dasa Shrimali Vanik Community Educational Welfare Fund Trust may also be kept for its easy administration, at any such places of any cities of our country, as per the resolution of the General Body of the trust.

3.        Scope and Territorial Jurisdiction of the Trust Activities:

The scope and the territorial jurisdiction of the trust activities of Shri.Kapadwanj Dasa Shrimali Vanik Community Educational Welfare Fund Trust  shall extend to and be considered to include, cities of Kapadwanj, Mumbai, Ahmedabad, Baroda, all other cities and towns of India and others countries where the Lahnedars  (life members Subscribers) of Shri. Kapadwanj Dasa Shrimali Vanik Gyati Panch and their family members reside and to include the whole geographical area of our Country India.

4.        Objects and Purposes of the Trust:   

The main objects and purposes of Shri. Kapadwanj Dasa Shrimali Vanik

Community Educational Welfare Fund Trust are as follows:

(1)  To work and promote services activities for the social and economic welfare and uplift of all Lahnedars  (life members Subscribers) of Shri. Kapadwanj Dasa Shrimali Vanik Gyati Panch and their family members, living in India and of all the vaishnav vanik people of our country at large.

(2)  To provide and promote all kinds of the educational supports, help, facilities, scholarship and awards etc. to all the male and female students of Shri. Kapadwanj Dasa Shrimali Vanik Gyati Panch caste fellows, as well as of all the vaishnav vanik people of our country at large.

(3)  To form and implement a Social Security Scheme for the benefit of Shri. Kapadwanj Dasa Shrimali Vanik Gyati Panch caste fellows, living in India and to extend its economic and social security to all the vaishnav vanik people of our country at large.

(4)  To do and cause to do and promote the services activities by establishing health and medical instrumental supports, hospitals and various facilities for the benefit of Shri. Kapadwanj Dasa Shrimali Vanik Gyati Panch caste fellows as well as of all the vaishnav vanik people of our country at large.

(5)  To establish and promote schools, offices, hospitals, assembly hall, guest house, hotels, coaching classes, nursing homes, community hall, temple, and all other immovable and movable properties, buildings, etc. for the fulfillment and promotion of the aforesaid aims, objects and purposes of this trust, for the benefit of Shri. Kapadwanj Dasa Shrimali Vanik Gyati Panch caste fellows as well as of all the vaishnav vanik people of our country at large.

(6)  To do and cause to do and perform all essential services activities for the fulfillment and promotion of the aims objects and purposes of the aforesaid trust  and to raise and collect all the necessary and needed fund and facilities and supports in this regards.

(7)  To add and join all other allied and essential new aims, objects and purposes along with the aims objects and purposes of the aforesaid trust for the fulfillment and promotion of the aims objects and purposes of the aforesaid trust, in order to do and cause to do and promote all essential services activities for the social, economic total welfare and uplifting of Shri. Kapadwanj Dasa Shrimali Vanik Gyati Panch caste fellows and their families as well as of all the vaishnav vanik people of our country at large too.

5.       Life Members of the Trust:        

·         All the registered Lahnedar, the member subscribers of Shri. Kapadwanj Dasa Shrimali Vanik Gyati Panch, resident of Kapadwanj Mumbai, Ahmedabad and of any part of whole India or of any foreign country shall only be considered as the Life Members of Shri. Kapadwanj Dasa Shrimali Vanik Community Educational Welfare Fund i.e of this Trust. The Trust has not decided any separate registration fees at present.

6.       General Meeting of the Trust:     

1.    The Annual General Meeting of all the Life Members of Shri. Kapadwanj Dasa Shrimali Vanik Community Educational Welfare Fund Trust, living in any part of whole India, including Kapadwanj, Mumbai, Ahmedabad or in any foreign country shall be normally organized and called upon and presided by the president at the Head Office of the Trust in Kapadwanj on Every  Bhadarava Sud Dasam of each year on the eve  of the celebration of Havan of Kuldevi Shri. Mahalaxmi Mataji or the Trustee Mandal i.e. on any other day and time whatever The Managing Committee of the Trust decides.

2.    The Secretary of the Trust has to send and circulate the written agenda of the Annual General Meeting to the life members generally before a month, and to send and circulate the written agenda of any abnormal general meeting in any abnormal circumstances before a week.

3.    In the Annual General Meeting of Shri. Kapadwanj Dasa Shrimali Vanik Community Educational Welfare Fund Trust on every three years, minimum 5 (five) and maximum 11 ( Eleven) members shall be appointed as the trustees of the Trustee Mandal, by way of an election or by selection, from all the Life Members of the trust, living in any part of whole India. The succeeding trustees of the aforesaid committee of trustees i.e. Trustee Mandal, containing 5 (Five) Trustees from Kapadwanj, 2 (Two) Trustees from Mumbai, 2 (Two) trustees from Ahmedabad and the other 2 (two) trustees from the life members, living in any other cities of India shall be appointed recurrently for the period of three years in the annual general meeting through democratic manners. 

4.    The General body shall discuss, review, sanction and approve all the activities in the interest of the trust carried out by the trust committee and the annual accounts and reports with appropriate guidance, in every annual general meeting.

5.    On presence of 20 or more life members considering as a corium, any Annual General Meeting or abnormal general meeting shall proceed further with the business of that meeting as per its corresponding agenda. And in case the presence of the life members are less than 20 (twenty), the president may proceed further with the business of that meeting as per its corresponding agenda on that place after half an hour, considering it as non-corium meeting or may postpone this meeting on any other date and time for all those business of that meeting, in accordance with the same agenda.

6.    Any immovable properties of the trust, which are not useful, can only be leased, sold or transferred, as per the resolutions of the General Meeting, only after obtaining a prior sanction of the Charity Commissioner in accordance with the provisions of Trust Laws.

7.    Any of the provisions, objects and purposes of this constitution can be amended, added, reduced, or altered in the large interest of the trust, only through a resolution passed by the majority of at least 75 % of the total members present at a General Meeting of the Trust, specifically called upon for the above said purpose through a special notice of the proposed amendment incorporated into the agenda of the General Meeting.

7.        The Powers and Duties of Trustee Mandal and its office Bearers

            (The Managing Committee of the Trust):  

1)    The Trustee Mandal as the managing committee of the trust has to perform and cause to perform all the duties in the sole interest of this trust.

2)    In case of a death or a retirement by a resignation of any trustee, during the period of his office time, the trustee Mandal (the managing committee of the trust), through a resolution passed unanimously or on majority, can appoint appropriately any new succeeding trustee on that vacated corresponding place in the trustee mandal for the remaining period only, by way of selection or by co-option, from the life members of the trust, living in the corresponding area, where the vacating trustee belonged to.

3)    The Trustee Mandal shall appoint a President, Secretary and Treasurer of the trust out of its committee members for its office period in a democratic manner.

4)    During a year, the President has to call upon minimum three meetings of the Trustee Mandal through the Secretary and such meetings shall be called upon a notice along with the agenda, before a week in normal circumstances and before a 24 hours in any abnormal circumstances.

5)    Upon the presence of more than 50% members of the managing committee, the corium of the meeting of the trustee mandal shall be formed and considered and the business of the meeting as per the agenda shall be transacted and if the presence is less, the business of that meeting may be transacted as per its corresponding agenda on that same place after half an hour, considering it as non-corium meeting or this meeting may postponed on any other date and time for all those business of that meeting, in accordance with the same agenda.

 

6)    The trustee Mandal can appoint any working sub-committees or any other office bearers, and can empower and authorize them in order to do and cause all such acts in the interest of the trust. But no trustee can depute or transfer his office, powers and duties as being a trustee to anybody else.

7)    All the immovable properties received by the trust shall be vested with and into this trust under its ownership and possession, and all such properties shall be registered and maintained only in the name of this trust, in all its government as well as semi-government records in respect of all such properties and any four trustees from the trustee Mandal shall be recurrently appointed as the administrator and custodian of all such immovable properties of the trust, with a view to entering their names as the  holder and custodian trustees into the property cards. All such immovable properties, owned and possessed by this trust shall be kept and maintained by all such duly appointed custodian trustees, in compliance with the objects and constitution of this trust, according to the instructions of the trustee mandal and as per the guidance of the charity commissioner and these trustees shall properly handle and administer them in accordance with the instruction of the trust mandal, in the interest of this trust, whenever so required.

8)    The Trustee Mandal has to resolve all such appropriate and necessary decisions in the interest of the trust, in order to maintain the accounts and records of incomes, expenses and monetary transactions of the trust, and to keep, administer, and maintain the movable as well as immovable properties of the trust.

9)    With a view to achieving the aims, objects and purposes of the trust,  The Trustee Mandal can raise income resources, by way of donation, cash gifts, member subscription, or by any appropriate financial investment or provisions.

8.       The Functions of the Office Bearers of the Trust Commitee:  

(1)      President:

The President shall act and cause to act all the activities in accordance with the constitution of the trust as the Supreme Head of the Trust, in the interest of and for the objects the trust and he will implement and cause to be implemented all the decisions taken by the Trustee Mandal Managing Commiteee as well as by the General body, through the Secretary and other office bearers of the trustee mandal and all the original title deeds of the trust properties shall be kept within the safe custody of the president. The President shall preside and rule over all the meetings of the general body, trustee mandal and of all other administrative committees and shall see their business going smoothly and regularly. The president shall call upon recurrently and regularly all the meetings of the general body as well as of the trustee mandal. The President will supervise and watch over all the activities of the trust, being carried out during the whole year and shall approve all the minutes and proceedings of all the meetings and will call upon a requisition meeting, upon a proposal of minimum 50 members and shall sanction any sorts of the bills of expenses, with a view to achieving objects of the trust and in the interest of the trust and shall allocate activities and works to the office bearers.

(2)      Secretary:

It is the duty of  the secretary of the trust to call upon normal as well as abnormal general meetings, requisition meetings, and the meetings of managing committee of the trust with the president’s  instruction, and to keep the notes of all the business of  all the meetings and to write down all the minutes in the proceeding books and to sig and obtain signatures therein, and to implement and cause to implement all the resolutions and suggestions resolved in the meetings, and to prepare annual reports and to produce and get the same reports duly passed and sanctioned in the managing committee, and in the general meetings of the trust as well as into the parent general body of shri Kapadwanj Dasa Shrimali Vanik Gyati Panch, Kapadwanj and to carry out and handle total communication of the trust and to do and implement and cause to do and implement all resolutions of the managing committee and all the projects and schemes of the trust, in the furtherance of the interest and aims of the trust.

(3)      Treasurer:

The Treasurer of the Trust has to keep and maintain the accounts of all the incomes and expenses of the trust, along with all accounts books, properties registers, cash on hand, securities, deposits etc of the trust, under the instructions of the trustee Mandal and the treasurer has to produce the accounts of the trust every year before the managing committee, and before the general meeting of the trust as well as before the parent general body of shri Kapadwanj Dasa Shrimali Vanik Gyati Panch, Kapadwanj and to get passed and duly sanctioned therein and also to get the same audited through the charter accountant and to maintain the same according to the provisions of the Trust Act.

8.       The Financial Provisions of the Trust:     

o   All the money of this trust shall be kept in the name and style of this trust into the nationalized banks, and financial institutes, recognized under the provisions of Sec: 35 of the Bombay Public Trust Act or into the banks and institutes, duly recognized by the orders of the Charity Commissioner and its management, administration and operation shall be carried out jointly through the signatures of any two office bearers jointly, out of the three joint holders, namely, The President, The Secretary and the Treasurer of the trust. The financial year of this trust shall commence from 1st April of each year and shall complete on the 31st day of March in the next year.

9.       The Provisions for the Amendment of the constitution:    

This Constitution can be amended, added, reduced and altered by a resolution duly carried out by the general body on majority, in accordance with the instruction and guidance of the charity commissioner, whenever and whatever amendments are so required, in the interest of the trust, to achieve the objects of the trust in a pretty good manner. The decision of the charity commissioner shall be considered to be final in respect of any disputes about the construction or interpretation of any provisions of this constitution. 

                                                           

The names & addresses of the first trustees promoters of the Trust

President (1) Kartikey Dhanvantlal Shroff, Mehta Pole, Kapadwanj-387620

Trustee (2)   Vrajesh Harishchandra Shah, Pipala Khadki, Kapadwanj-387620

Treasurer (3) Anant Batukchandra Shah, Nandanvan Society, Kapadwanj-387620

Secretary (4) Maheshchandra Shantilal Shah, opp. Narandev Temple, Kapadwanj-387620

Trustee (5) Dharmesh Jayantilal Shah, Gandhiwada, Kapadwanj-387620