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(a)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(a)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(a)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(a)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(a)lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/wikipedia-bn
--
Tanvir Rahman
http://bit.ly/wikitanvir