Hello Mr. Nurunnaby,

I would like to answer to your query regarding the Act under which we are proposing for registration. For that, I have to discuss why other two options are not viable for setting up the Chapter.

First comes the Trusts Act.

As per Trusts Act, 1882 [1] (Chapter-1, Section-3): "A “trust” is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner: the person who reposes or declares the confidence is called the “author of the trust”: the person who accepts the confidence is called the “trustee”: the person for whose benefit the confidence is accepted is called the “beneficiary”: the subject-matter of the trust is called “trust-property” or “trust-money”: the “beneficial interest” or “interest” of the beneficiary is his right against the trustee as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the “instrument of trust”."

If I simplify, a Trust is mainly created to manage trust property for the benefit of one or some beneficiary. So you see, Trust is not a practical option for us. Moreover, a Trust is managed by Trustees and it is difficult to change the Trustees (often requires judgement by the Civil Court).

Now I would discuss about registration with Social Welfare Department. Mainly cooperative societies are registered with Social Welfare Department under the Cooperative Societies Act, 2001. Cooperative societies are formed mainly for economic [2] benefit of it's members & most of the cooperative societies are involved with business. So, it is inconsistent with the purpose of Wikimedia Chapters. Moreover, cooperative societies are seldom audited and so there is lack of transparency.

On the contrary, registration of the Chapter under the Societies Registration Act [3] is more appropriate as the law defines: "Any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association and filing the same with the Registrar of Joint-stock Companies form themselves into a society under this Act."

Hope you got your answer. Pls feel free to ask for any clarification regarding the proposed MoA.

Thanks

Ali Haidar Khan Tonmoy

[1] http://bdlaws.minlaw.gov.bd/pdf_part.php?act_name=&vol=&id=47 [2] http://www.banglapedia.org/httpdocs/HT/C_0347.HTM [3] http://bdlaws.minlaw.gov.bd/pdf_part.php?act_name=&vol=&id=10

On 5/28/11, Tanvir Rahman wikitanvir@gmail.com wrote:

Mr. Nurunnaby Hasive asked a question about the proposed MoA. As this thread was cross-posted to both Wikipedia-BN and Wikimedia-BD list, I think the people subscribed only to the Wikimedia-BD list did not get this email (Mr. Nurunnaby Hasive only posted it to Wikipedia-BN list). So, I am forwarding it.

---------- Forwarded message ---------- From: Nurunnaby Hasive nhasive@bdosn.org Date: Sat, May 28, 2011 at 21:52 Subject: Re: [Wikipedia-BN] [Wikimedia-BD] Formation of Wikimedia Bangladesh

• (local chapter of the Wikimedia Foundation)

To: Bengali Wikipedia wikipedia-bn@lists.wikimedia.org

Dear All, After read this all post first congratulation to the team for the MoA. But i need to know something about one issue & i think its need to share with all. As far as i know we have three option for Bangladesh.

1. A trust under Ministry of law (under trust act)
2. A Society Under Society Act (This one proposed)
3. A registration from Social Welfare depart.

Could any one explain why we go for option 2. I am not a legal person so it would be better if anyone explain why we go for society act.

Thanks

On Fri, May 27, 2011 at 10:07 PM, Ragib Hasan ragibhasan@gmail.com wrote:

...

Hi Belayet,

I greatly appreciate that you have started a discussion about the MoA. For your information, the memorandum is not final until we get the final approval. The “Done” means we are done with submitting the draft MoA. But we can change in case of any concerning issues raised by ChapCom or the community.

Of course, anyone can ask for a change to the MoA. So, please feel free to propose any changes here. But please be specific about the justification and benefits of the requested change.

And it's very much appreciated that the persons you mentioned in your mail care about community, not position/titles. We have twenty sections in the proposed MoA to check and review, which all can review for the community.

Ragib

User:Ragib on en and bn

-- Ragib Hasan, Ph.D NSF Computing Innovation Fellow and Assistant Research Scientist

Dept of Computer Science Johns Hopkins University 3400 N Charles Street Baltimore, MD 21218

Website: http://www.ragibhasan.com

-- Best Regards, *Nurunnaby Hasive | নুরুন্নবী হাছিব |* Public Relation Coordinator *Bangladesh Open Source Network (BdOSN)* Jamil Sarwar Trust | 278/3 Elephant Road (3rd Floor) | Dhaka BdOSN http://www.bdosn.org

---

Wikipedia-BN mailing list Wikipedia-BN@lists.wikimedia.org https://lists.wikimedia.org/mailman/listinfo/wikipedia-bn

-- Tanvir Rahman http://bit.ly/wikitanvir