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CONSTITUTION

Malik Saad (Shaheed) Memorial Sports Trust:

In pursuance of the powers vested under Article 4 of the deed of Trust dated June 15 , 2008 Board of Trustees of the Malik Saad (Shaheed) Memorial Sports Trust (MSSMST) NWFP have framed the following Constitution which may be called the Constitution and shall come into force at once.


  1. In these Constitution unless there is anything repugnant in the subject of context:

    1. The "Trust" shall mean the Malik Saad (Shaheed) Memorial Sports Trust, Khyber Pukhtoonkhwa was constituted under the Deed of Trust, notified vide Government of NWFP Notification No. SO-II/Sport/1-2-2008, dated 14.06.2008.

    2. The "Board" shall mean the Board of Trustees Malik Saad (Shaheed) Memorial Sports Trust, Khyber Pukhtoonkhwa, Trust within the meaning of Art 1 of the Deed of Trust Patron in Chief, Patron, Co Patron, Chairman,Co Chairman Secretary and founder members are as Notified vide Government of Khyber Pukhtoonkhwa notification referred above and amended notification dated March 31st 2010.

    3. Any Government Servant Provincial/Federal and any Citizen of the Islamic Republic of Pakistan are eligible for membership.

    4. "Patron in Chief" shall mean Patron in Chief of the Trust notified under the notification of the Sports Culture Tourism Youth Affairs Archeology and Museums Department Government of Khyber Pukhtoonkhwa.

    5. "Patron" shall mean Patron of the Trust notified under the notification of the Sports Culture Tourism Youth Affairs Archeology and Museums Department Government of Khyber Pukhtoonkhwa

    6. "Co Patron" shall mean Co Patron of the Trust notified under the notification of the Sports Culture Tourism Youth Affairs Archeology and Museums Department Government of Khyber Pukhtoonkhwa

    7. "Chairman" shall mean Chairman of the Trust elected under Art. 1 (xii) of the Deed of Trust.

    8. "Co Chairman" shall mean Co Chairman of the Trust notified under the notification of the Sports Culture Tourism Youth Affairs Archeology and Museums Department Government of Khyber Pukhtoonkhwa .

    9. "Board of Trustee shall mean the Board of Trustees of the Trust notified under the notification of the Sports Culture Tourism Youth Affairs Archeology and Museums Department Government of Khyber Pukhtoonkhwa

    10. Directors to be nominated in the manner hereinafter by the Chairman.



    1. "Sub-Committees" and "Special Sub-Committees" shall have the meaning assigned to them under the Constitution hereinafter appearing for work so assigned to them.

    2. Words importing "Singular" shall include the "Plural" and vice versa.

    3. Words importing the masculine gender shall include the feminine gender.

    4. The Trust will perform throughout the country apart.



    5. From active presence in the Province in order to achieve its aims and objectives. In the first phase, Trust organizations will be established at district levels in the Province, which will be known as Malik Saad (Shaheed) Sports Trust District Committee. The District organization will comprise a District Chairman, Vice Chairman, Coordinator and two members.


      1. With the approval of BOT, the District Police Officer will be the Chairman of the District Organization while secretary will be nominated by the Chairman of the Trust, while Vice Chairman and two members will be nominated by the District Chairman & Coordinator accordingly under intimation to the Secretary of the Trust.

      2. District Organization will be responsible for conducting various activities to achieve the aims and objectives of the Trust at District level and will also look-after various initiatives by the Trust at District levels including establishment of sports academies. They will also take measures to achieve the goals of the Trust and take part at District social-cultural, educational, health and Sports activities and look-after the healthy promotion of Sports activities. The monthly performance report duly signed by DPO being Chairman District Committee prepared by District Coordinator will be submitted to Trust Head office.

      3. The performance of any coordinator will be judged with the activities and achievements in the District and Chairman of the Trust can terminate any Coordinator upon the advice of Secretary.

      4. All District Committees will work at their own , however in some special cases on the recommendations of Secretary Chairman can allow assistance from Head Office, if required.

      5. One Administrative Officer and One Sports Assistant will be appointed at the Head Office located in Peshawar for the official matter. The Chairman will appoint these persons on the recomendation of Secretary however; proper approval will be accorded in the regular meeting of the Trust. Both the persons will be employees. Initially the contract will be for 1year, a fixed salary of Rs. 10000/- and Rs.5000/- will be paid to the Administrative Officer and Sports Assistant respectively.

      6. Administrative Officer and Sports Assistant will be responsible of the official work and of the Trust office and both officials will directly responsible /answerable to the Secretary who will inform them of their responsibilities.

      7. Appointees will renew their contract annually depending on their performance.

      8. The Trust will establish academies for all types of Sports. The District Coordinator will propose the academy and Head Office will provide the uniform and sports gear U-15 and U-25 players. If required more assistance can be provided.

      9. After the establishment of the academies inter academy tournaments will be conducted so that Award and cash prize will be given to the winner and runner teams and it will be conducted different Districts including Peshawar.

      10. Apart from the Province and rest of the country including Tribal area will also be in network of the Trust. The Coordinators will be appointed in the Tribal areas and academies will be established in line with settled areas accordingly.

      11. Media Director will be appointed for the Promotion of the Trust activities and his appointment will be made on advice of the Secretary. He will be responsible for the complete coverage of the activities and can also invite the Sports Reporters to Sports Committee. All will serve this cause without pay.


  2. Meeting

    1. Meeting of the Trust shall be convened by of under the orders of the Chairman at least once in Six Months to be chaired by Patron-in-Chief/Governor of the Province .Quarterly Meeting to be chaired by the Patron/Chief Minister of the Province.

    2. The Board shall meet at Peshawar and/or at such other place as the Chairman may from time to time notify with the consultation of Secretary.

    3. The Board may require the Chairman to convene a meeting of the Board at any time, and the Chairman shall as soon as possible with consolation of Secretary take or cause to take steps to be taken to convene the meeting accordingly.

    4. Ordinarily not less than seven days notice shall be given of the meeting of the Board and such notice shall be sent to every Trustee at his/her address notified by him in writing. Should it be found necessary to convene an emergency meeting the period of notice shall be curtailed to such period as the Chairman may decide with coordination of Secretary of the Trust.

    5. Meetings of the Board shall be presided over by the Patron-in-Chief or Patron or Chairman and in their absence the Chairman nominate among the Trustees to act as Chairman of that meeting.

    6. The members present at a meeting shall constitute a quorum.

    7. No business other than that purpose for which the meeting was convened shall be discussed at a meeting of the Board except with the prior consent of the Chairman of the meeting.

    8. Questions arising at any meeting shall be decided by majority of votes, the Chairman of the meeting having a second or casting vote in case of equality of votes.

    9. The Chairman shall have power to cancel, postpone or ante-date a meeting of the Board on the advice of Secretary.

    10. The Secretary may cause minutes of each meeting to be duly entered in books provided for the purpose. Such minutes shall state.


      1. The notice pursuant to which the meeting was called.

      2. The names of the members present at the meeting, and

      3. The resolutions proposed and passed. Such minutes, if purporting to be signed by the Chairman of the Trust or of such meeting or by the Chairman of the next succeeding meeting, shall be prima facie evidence of the matters discussed therein.


  3. Board of Trustees

    1. The Chairman may appoint a committee to be known as the Board of Trustees, and May by resolution confer upon the Board of Trustees such powers and functions as it may deem necessary and expedient.

    2. The Board of Trustees shall consist of the Chairman of the Trust and other member not exceeding thirty five out of which twelve (12) members will be Founder member as per to be appointed and notified vide Government of Khyber Pukhtoonkhwa Notification as in the preceding Para.

    3. Meeting of the Board of Trustees shall be convened from time to time by the Patron-in-Chief, Patron-in-Chief or Chairman with consultation of Secretary.

    4. Seven (7) members of the Board of Trustees shall form a quorum for the transaction of business.

    5. Meetings of the Board of Trustees shall be preside over by the Chairman and in his absence by any other member of the Committee selected for the purpose at the time of the meeting by the other members.

    6. Minutes of the meetings of the Board of Trustees shall be entered and recorded as in the case of the meetings of the Board, but nothing herein contained shall require a minimum period of notice for the meetings of the Board of Trustees.

    7. The Board of Trustees shall meet as often as may be deemed necessary by the Chairman and at any place in Pakistan. Three members of the Board of Trustees can also give notice for a meeting for the purpose to be specified in the notice upon which the Chairman shall convene the meeting provided that in case of such a meeting the quorum will be three.

    8. Questions arising at any meeting shall be determined by majority of votes of the members present provided always that in the case of equality of votes the Chairman of the meeting shall have a second or casting vote.

    9. The MSSST Board can terminate the membership of any member of the BOT over non activeness / non participation in any three BOT meetings with out any cogent reasons, with 15 days prior notice for his/her explanation his/her performance/absence from meetings. The termination should be approved unanimously in BOT meeting to be presided over by Patron-in-Chief, Patron or Chairman.


  4. Frame of Rules

  5. For the effective execution of the constitution the ruled may be framed with approval of BOT through the committee approved by the Chairman


  6. Quorum

  7. No quorum shall be required in respect of the meetings of the Board of Trustees which has been previously adjourned for lack of quorum, provided always that the adjourned date of the meeting shall be notified in due time to the members of the Board of Trustees as the case may be


  8. Resolution :

    All acts done and resolutions passed in any meeting of the Board of Trustees shall, not with standing that discover some defects in the appointment of any member or person acting as aforesaid, or that they or any of them were disqualified or that there was any defect in the proceeding of the meeting, be deemed to be valid as if the said meeting was held in conformity with the Deed of Trust and with these regulations.
    1. Resolution in writing signed by the members of the Board of Trustees for the time being constituting a quorum as defined above, shall be as valid and effectual as if it had been passed at a meeting of the Board of Trustees as the case may be such resolutions shall be deemed effective and valid. Unless revoked in the subsequent meeting of Board of Trustees as the case may be.

    2. Not-with-standing anything contained in these relations the Chairman shall full power to transact all the usual business of the Trust which may be transacted by the Board of Trustees, if in the opinion of the Chairman action cannot be deferred until the next meeting of the Board of Trustees, provided always, that such action shall be reported in the next meeting and confirmation obtained in respect thereof.


  9. Contracts on behalf of the Trust

    1. Any contact which would be required by law to be in writing signed by the parties to be charged therewith may be made on behalf of the Trust in writing signed by the Chairman and Secretary or by any person action under the authority of the Trust and may in the same manner be varied or revoked.

    2. Any contract which would law be valid although made orally and not reduced into writing may be made on behalf of the Trust by the Chairman and Secretary or any person acting under the authority of the Board and may in the same manner be varied or revoked.


  10. Finances

    The Chairman or Secretary of the Trust with Director Finance and such other officers of the Trust or other persons as the Chairman jointly with Secretary of the Trust or Director Finance may authorize in this behalf by a power of attorney are and shall be empowered for and on behalf of the Trust to operate Bank accounts, endorse and transfer promissory notes, stock receipts or any securities, sign and execute bonds, mortgage deeds, documents of title to goods and properties standing in the name or held or to be held by the Trust, and to draw, accept and endorse bills of exchange and other institutions to apply for and utilize case and credit facilities from the bank and to sign all other bonds, receipts and documents connected with the business of the Trust.


  11. Plaints

  12. Plaints, written statements, affidavits, vakalat names and all other documents connected with legal proceedings may be signed and verified on behalf of the Trust by the Chairman and the Secretary of the Trust on behalf of the Trust with official seal.


  13. The Trust shall have for its use a common seal

    1. The seal shall be affixed to the resolutions by the Board and orders issued by it, and to documents of little and leases of immoveable properties.

    2. Any instruments, to which the official seal is duly affixed, shall belong to the Trust.

    3. The seal shall not be affixed to any instrument except in the presence of the Chairman and at least one Trustee and Secretary of the Trust who shall sign their name on the instruments in token of their presence and such signing shall be independent of the signing of any witness.


  14. Annual Statement of Accounts

    The committee shall cause the books of the Trust be balanced on the last working days of the month of June in each year, and the annual shall be set out as follows:

    1. A balance sheet in the form usually adopted by companies.

    2. A profit and loss account for the year in the following form and containing the particulars here in prescribed:


  15. Income

    1. Amount brought forward.

    2. Interest, Discount, Commission, etc

    3. Donations.

    4. Grants in aid.


  16. Expenditure

    1. To maintain Establishment

    2. To pay Chairman and Secretary other Board of Trustees Members Fees and expenses.

    3. Auditor�s Fees.

    4. Law charges/expenses.

    5. Rent, taxes, insurance, lighting etc.

    6. Postage and telephone charges.

    7. Depreciation and repairs to Trust properties.

    8. Contribution to staff and superannuation fund.

    9. Miscellaneous expenses.

    10. Net balance available
      Amount transferred to
      Reserve fund in terms of
      Art. 9(b) of the Deed of Trust


    1. The accounts of the Reserve Fund shall show the balance as on the 31st December and the transfer from the Profit and Loss Account.


      1. Dividends if any shall be declared and paid as soon as announced after closing of the annual accounts.

      2. No dividend shall carry interest against the Trust. Dividends may be paid by cheques, sent through post to the registered address of the addressee in his name as recorded in the deed.


      1. Any purchase, sale lease and construction of premises shall require Specific sanction of the Board.

      2. Expenditure on construction of any premises or the acquisition of any premises upto a sum of Rs. Five lack in any one financial year may be sanctioned by the Sanctioned by the Chairman.

        1. Expenditure exceeding this amount in any one instance shall be sanctioned be one instance shall be sanctioned by the Board, and for lesser amounts shall be incurred upon sanction of the Chairman.

        2. Expenditure up to a maximum Rs. 100,000/- in any one instance may be incurred upon sanction of the Chairman and Secretary jointly.


  17. Members to be paid for meeting of the BOT which they attend. The Trustees Members and District Co Ordinaters shall be re-imbrued in their traveling expenses, if any on such scale and on such terms as may be prescribed by the Board approved by the Chairman on the advice of the Secretary.

    1. Powers, duties and functions of any other Committee shall, until it is instituted, be exercised by the Board.
    2. The Committee may delegate all or any of such powers to the Chairman and/or to Committee composed of Trustees in the local area in which may be carried on any of the Trust�s and enterprises.
    3. All the children and widow of the Shaheed Malik Saad shall be the sole benediction of the belonging of the Trust and they would be entitled to receive an benefit for their welfare etc. treatment, education, accommodation and other suitable aid of any sort.

  18. AUDIT

  19. The Account of the Trust shall be audited each year by qualified to be appointed by the Board.


  20. Amendments in the Constitution

  21. This Constitution may be amended by a resolution passed by 2/3 members of BOT