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MODEL MEMORANDUM OF ASSOCIATION OF THE SOCIETY

ANNEXURE-I

MODEL “MEMORANDUM OF ASSOCIATION” OF THE SOCIETY  

 

Sr. No.

Subject

Description

1-

Name of the Society

SHREE RAM VIKAS SEWA SAMITI

2-

Registered office of the Society

House No. 38, B-2___________

3-

Jurisdiction

_________

4-

Aims & Objectives of the Society 

The objectives of the society are as under:-

1-   Promotion of National unity and international peace and amity;

2-   Promotion of communal and society harmony and brotherhood;

3-   To work for the cause of enforcement of prohibition and initiate people’s movement against smoking, alcoholism and drug abuse;

4-   To create awareness and addressing some of the society evils, such as female foeticide, dowry, extravagant expenditure on social  functions like marriages, empowerment of women in decision making etc. etc.

5-   Promotion and progress of agriculture and animal ;

6-   To take up programmes for accelerating the pace of rural development with application of science and technology (techniques and technologies for cost reduction, improving, productivity etc.) especially in the field of water conversation, sanitation, low-cost housing, agricultural and animal husbandry and engineering sources;

7-   To take up programmes for ensuring protection of environment and for regeneration of natural resources degraded due to past neglects;

8-   Promotion and extension of appropriate technology including systems having renewable sources of energy;

9-   Proportion of cottage and small scale industries by taking up action research work;

10-         To take up programmes in which science and technology may have major role in improving life working conditions and opportunities for gainful employment of women;

President                              General Secretary                Treasure


Annexure-4

Model Byelaws for society with a Collegiums

1-   Name of the Society      :         SHREE RAM VIKAS SEWA SAMITI 

2-   Registered Office           :         House No. _____

3-   The society shall carry

Out its major activities   :         within the territory of State of Haryana

4-   MEMBERSHIP:- 

(1)   The society shall have a 7 (Seven) members including the founder members/original subscribers

(2)        Eligibility: in order to be admitted as a member of the society, a person:-

(i)            Must be 21 years of age on the date of admission;

(ii)           Should subscribe to the aims and objects of the society;

(iii)  Must have deposited the admission fee an annual subscription fee and must no be in arrears of payment of such fee as on the date of annual general meeting for continuing as a member;

(iv)  Must not be an insolvent and of unsound mind; and

(v)    Must not have been convicted of an offence involving moral, turpitude involving imprisonment of one year or more.

(3)        Kinds/Types/Categories of Members: The society shall consist of four different categories of members as under:-

(i)     FOUNDER MEMBER:- A member who has been admitted as founder member at the time of registration of the Society and has paid the requisite membership fee to the society. The number of founder members shall not exceed Two. The founder members shall also be deemed to have become Life Members of the society and shall have the privilege of being members of collegiums without election, in case the total numbers of members of the society exceeds 300.

(ii)           LIFE MEMBERS: A person may be admitted as a life members on payment of the prescribed fees and such person shall continue to the members of the society for his life. The total number of life members shall not exceed 100.

(iii)    ORDINARY MEMBERS: The Society shall have a total of 500 ordinary members who shall continue to enjoy their membership only so long as they are not in arrears of payment of their annual subscription fee. An ordinary member may be admitted as a tenure member, say, for a period of two to five years, as the case may be, and he will cease to be members of the society on completion of his tenure, unless it is renewed by the Governing body for another tenure.

(iv)  HONORARY MEMBERS: The Governing body may admit individuals of distinguished talent and merit or whose association is deemed to be beneficial to the Society or who has rendered services of outstanding merit to the Society or who is a distinguished citizen of India of any other country as Honorary Member of the Society, after obtaining consent of the individual, without payment of any membership or subscription fees. The member of such honorary members shall not exceed 10 The Honorary Members shall be entitled to attend the meetings and contribute to the deliberations but shall have no right to vote.

(4)   MEMBERSHIP FEE & ANNUAL SUBSCRIPTION:-          

(i)            The rates for membership of the society and the annual subscription shall be as under:-

Sr. No.

Type of member

Admission fee

Annul subscription

(i)

Founder Member

Rs. 21,000/-

Nil

(ii)

Life Member

Rs. 11,000/-

Nil

(iii)

Ordinary Member

Rs. 1,100/-

Rs. 500/-

(iv)

Honorary member

Nil

Nil

 

(ii)           The payment of annual subscription of a member shall become due as on the 1st day of April of every year, which may be paid latest by the 30th of June of such year. The membership of a defaulting member shall be deemed to be under suspension after the date of (30th June) and such members shall not be entitled to  cast his vote during the elections of the Society held after 01st June of the said year.

(iii)         The suspension of membership on account of default in payment of the annual subscription may be revoked after he has cleared the default with alongwith 18% p.a. interest on the amount payable. However, he/she shall not be eligible to cast his/her vote in any election held during the remainder of the financial year.

(5)              ADMISSION PROCEDURE (for members other than the subscribers):-

(i)            The admission of a person as a member of the Society shall be decided by its Governing Body from time to time;

(ii)           An individual willing to be a member of the Society has to submit an application in prescribed Form and alongwith supporting documents to the Secretary duly filled in and signed and recommended by a regular member of the society.

(iii)         The Secretary shall examine the application and place the same before the Governing Body for a decision.

(iv)         The Governing Body may accept or object the application and the decision of the Governing Body in this regard shall be final. It shall not be bound to assign any reason for its decision.

(v)          The approval of the governing Body shall be intimated to the member, his name shall be entered in the register of members, to be maintained in such manner and form as prescribed under the Haryana Societies Registration and Regulation Rules, 2012 and he/she will be issued an Identity Card of the society.

(6)              IDENTITY CARD FOR EVERY MEMBERS: Every person admitted as a member will be issued an Identity Card containing his/her photograph, brief particulars and membership category duly signed by the individual Member and the General Secretary of the society.

(7)              RIGHTS AND OBLIGATIONS OF MEMBERS:-

(i)         All the members of the Society shall be bound by the rules and regulations of the Society as contained in its byelaws and amended from time to time;

(ii)           Every member, except an Honorary Member, shall have a right to cast his vote at the elections of the Society provided such members is not a defaulter in payment of any dues of the Society and the annual Subscription for a period of three months beyond the due date;

(iii)      Every member of the Society shall have the right to inspect the books of accounts, books containing the minutes of proceedings of the general meetings, meetings of the Governing Body and register of members of the Society on any working day by giving a notice of seven days;

(iv)      Every member shall inform the society about any change in his/her address, which shall be duly recorded in the registrar of members of the Society and upon which the Society shall issued a fresh Identity Card to such member.

(8)              CESSATION OF MEMBERSHIP:- Any person admitted as a member shall cease to be a member of the Society in the following events:- 

(i)            Attracts the provisions of contained in Section 22 of the Act;

(ii)   Upon his/her acting contrary tot eh aims and objectives of the Society;

(iii) Upon such member being found guilty of a financial misappropriation of the funds of the Society;

(iv) Upon indictment and directions for removal by the District Registrar/Registrar/Registrar General of Societies;

(v)          An Honorary Member shall cease to be a member of the Society, if the Governing Body, decides so by passing a resolution in this behalf.

5.    GENERAL BODY:-

(1)          Every person admitted as a member shall be a member of the General Body of the Society and shall be entitled to cast his vote for the election of members of the Collegiums unless he is in arrears of payment of any dues of the Society, including the annual subscription.

(2)          Every member shall cat his vote in person and no proxy voting shall be allowed.

6.    COLLEGIUMS OF THE SOCIETY:-

(i)            The society shall have a total 11+150= electoral colleges which shall constitute its Collegiums;

(ii)           Each electoral College shall consist of 18 to 22 members who shall, in turn, elect one member to the Collegiums;

(iii)         The particulars and details of the electoral colleges alongwith the members allocated to each electoral college are attached as Annexure-I to these Byelaws. Further constitution of electoral and allocation of members to each electoral colleges shall be decided by the Governing Body with the admission of new members and such details shall be communicated to the members and also displayed on the notice board of the Society in its office;

(iv)         Any change in the allocation of members of an electoral shall be made only upon cessation of the members of an electoral college and induction of fresh members or on consideration of the request of any member, if found feasible of acceptance;

(v)          The Collegiums of the society shall act as the General body for all intents and purposes and the members of the collegiums shall in tern elect the Office-Bearers and the members of the Governing Body.     

7.    PROCEDURE FOR ELECTION OF THE COLLEGIUMS:

(i)            11 number of founder members of the Society shall be members of the collegiums without any election;

(ii)     150 number of members of the society shall be elected as members of the collegiums. Each member shall be representing his/her house/electoral college;

(iii)         The term of the collegiums shall be three years from the date of its constitution;

(iv)    The Governing Body will declare the schedule of election and appoint a returning officer for conduct of election and also notify/display the details of members of each electoral colleges entitled to vote at least 90 days prior to  holding the General Meeting, further individual notices for holding elections of the collegiums shall also be conveyed by the Governing Body. The information of holding the election of the collegiums shall also be sent to the District Registrar so as to appoint an observer, if he so desires;

(v)          Any objections qua the list of members of the society entitled to vote shall be decided by the Returning Officer in consultation with the Office-Bearers shall be final in the event of any differences of the opinion. The returning Officer shall thereafter, invite nominations to be held within the period of prescribed in the Schedule of elections, scrutiny and withdrawal of nominations, if any for election of the members of the collegiums;

(vi)         The returning officer will display a list of the contesting members on the notice board of the society, the returning officer will conduct the election on the notified date. The members eligible to vote will be allowed to cast their vote in person and wherever disputes on production of the identity card issued by the society;

(vii)       After closing hours on the date of poll, the returning officer will declare the results and  constitute the collegiums of the society. A list of declared members of the collegiums, duly signed by the returning officer will be filed with the District Registrar within 30 days.

8.   MEETINGS OF THE COLLEGIUMS OF THE SOCIETY:-

(i)            A meeting of the collegiums of the society will be held as and when required. However, at least one meetings of the collegiums of the society, called as the Annual General Meeting (AGM) will be held in a year within six months of the close of the financial year for consideration and adoption of the duly audited annual account of the society as may be required.

(ii)           The Governing Body of the society may convert an extra ordinary meeting of hereunder, either of its own or within 45 days on receipt of a written requisition alongwith reasons for convening such meeting from at list 1/10th of the members of the collegiums.

(iii)         For any meeting of the collegiums, a clear notice of at least 14 days alongwith a cop of agenda of the business to the transacted the date and venue of the meeting will be given to the members of the collegiums. A copy of such notice will also be endorsed to the District Registrar.

(iv)         A meeting of the collegiums may also convened at a shorter notice if, agreed to by majority (at least 50% of the total members) of the members of the collegiums.

(v)          Quorum the meetings of the collegiums will be 40% of the total members entitled to vote and present in present subject a minimum of four members in case of a meeting adjourned for want of quorum, the quorum for the adjourned.

9.   POWERS, FUNCTIONS & DUTIES OF THE COLLEGIUMS:-

(i)            To guide the society in determining and fulfilling its aims & objects;

(ii)           To decide policy matters such as change of name of the society, amendment in the Memorandum of Association and the Byelaws of the society, approval of the annual accounts of the society, approval for disposal of immoveable assets of the society etc. and all other acts as may be required under the Haryana Registration & Regulation of Societies Act & Rules, 2012;

(iii)         To elect the members of the Governing Body;

(iv)         To remove any members from the Governing Body and according approval to the continuation of a person appointed as a member of the Governing Body against a casual vacancy;

10.              GOVERNING BODY:-

(1) COMPOSITION: The Governing Body of the society shall consist of a total of 11 office bearers and Members as under:-

(a) President

(b) Vice President

(c) General Secretary/Secretary

(d) Joint Secretary

(e) Treasurer

(f)   Six Executive Members, including co-option of any Honorary Member by the Governing Body. 

(2) ELECTION OF THE GENERAL BODY:-

(i)          The terms of the Governing Body shall be three years from the date of approval of its election by the District Registrar;

(ii)         The Governing Body will declare the Schedule of Elections and appoint the Returning Officer for conduct of election and also notify/display a list of members of the Collegiums entitled to vote at least 45 days prior to the holding of the General Meeting for conduct of the elections. The Governing Body shall also send notices for holding elections of the Governing Body to all the members, conveying the date, time and the manner. The information w.r.t. holding of election for the Governing Body shall also be sent to District Registrar to appoint an observer, if so desire;

(iii)       Any objections qua the list of members of the Society entitled to vote shall be declared by the Returning Officer in consultation with the office-bearers of the society. However, the decision of the Returning Officer shall be final in the event of any difference of opinion. The Returning Officer shall, thereafter, invite nominations to be filed within the period prescribed in the Schedule of elections, scrutiny and withdrawal of nominations, if any, for election of the office-bearers and the executive members of the Governing Body;

(iv)       The Returning Officer will display a list of the contesting members on the notice board of the society. The Returning Officer will conduct the election on the notified date. The members eligible to vote will be allowed to cast their vote in person and wherever disputed, on production of the identity card issued by the society;

(v)        After closing hours of the date of the poll, the Returning Officer will declare the result and constitute the Governing Body of the Society. A list of the elected office-bearers and the executive members of the Governing Body, duly signed by the Returning Officer, will be filed with District Registrar within 30 days who shall accord his approval of the same upon his satisfaction;

(vi)       The office-bearers of the Society shall not be entitled to any remuneration for rendering services to the society.   

(3) FILLING OF ANY CASUAL VACANCY ON THE GOVERNING BODY:-

Any vacancy arising on account of resignation or death of any member of the Governing Body or for any other reason, may be filled-up by the Governing Body, if required, from amongst the members of the collegiums on adhoc basis till the holding of next Annual General Meeting of the Society. Such adhoc member of the Governing Body shall cease to be a member of the Governing Body on the date of the next Annual General Meeting if his appointment is not approved in the Annual General Meeting by a majority vote for the balance term of the Governing Body.

(4) MEETING OF THE GOVERNING BODY:-        

(i)            The meetings of the Governing Body will be held as and when required. However, the Governing Body shall meet at-least once in every quarter and there will be minimum four meetings for the Governing Body in the financial year;

(ii)           A clear notice of three days of every such meeting will be given by the secretary of the Governing Body to the office bearers and members before the date appointed for the meeting. However, the Governing Body may meet at shorter notice, wherever so required with the consent of at least fifty percent (50%) of its members;

(iii)         The quorum of the meetings of the Governing Body shall be at least 40% of the total members of the Governing Body, subject to a minimum of 5 members. In case quorum is not present, the meeting shall be adjourned to another date for which a proper notice shall be issued. The members present in the adjourned meeting, subject to a minimum of three members, shall from the quorum for the adjourned meeting;

(iv)         The proceeding of every meeting of the Governing Body will be recorded in the proceedings book separately maintained for this purpose. Such minutes shall be signed by the Chairman of the meeting and the Secretary of the Society. In case the Chairman or the Secretary are not available to sign the minutes, these will be signed by any two members present in the meeting as may be authorized by the Governing Body;

(v)          The minutes of every meeting of the Governing Body will be placed for confirmation in the succeeding of the Governing Body.

(5) POWERS, FUNCTIONS & DUTIES OF THE GOVERNING BODY:-

(i)   The Governing Body will be responsible for achieving the aims & objectives of the society and shall work in the best interest of the society, for which it shall be empowered to deploy the funds & assets of the society for the stated objectives;

(ii)  The Governing Body will be competent to raise funds and purchase property, moveable and immoveable, on free-hold or lease basis in its name, as decided by it;

(iii)         The Governing Body  shall have full charge of all immoveable properties and moveable assets belonging to or vested in the Society and these will be managed in such a manner as it considers appropriate subject to the overall control and directions of the collegiums of the society;

(iv)         The Governing Body shall be competent to invest the funds in the manner it considers appropriate in the best interest of the Society and it shall be competent to borrow or mortgage or hypothecate the properties on behalf of the Society in the manner decided;

(v) To constitute various standing or adhoc Committees for looking after such functions as may be assigned from time to time;

(vi)         To create provision for engagement of regular or part-time employees of the society to look after the secretarial, accounting and other functions in a seamless manner;

(vii)       To outsource certain functions i.e. cleaning, security and similar other maintenance activities of the premises of the society.

(6) POWER, FUNCTIONS & DUTIES OF INDIVIDUAL MEMBERS OF THE GOVERNING BODY:-

(i)            President:

(a) To preside over all the meetings of the Collegiums and of the Governing Body and regulate the proceedings of such meetings;

(b) To do all such acts, deeds and things as may be authorized by the Collegiums and/or the Governing Body from time to time;

(c) To allow or disallow discussion on any matter which is not included in the agenda;

(d) To ensure proper & transparent functions of the society/ Governing Body;

(e) To ensure strict compliance of the provisions of the Haryana Registration and Regulations of Societies Act, 2012 and the rules made there under;

(f)   To supervise and guide the overall activities/achievement of aims & objectives of the society.

(ii)           VICE PRESIDENT:

(a) To assist the president in carrying out his duties;

(b) In absence of the President, to act on his behalf and perform all duties and exercise all the powers of the president;

(c) To do all such acts, deeds and things, as may be authorized by the Governing Body.

(iii)         GENERAL SECRETARY/SECRETARY:-     

(a) To conduct, organize, supervise  and manage all the affairs of the Society and do all such acts and perform all such duties for the working of the Society as may be assigned by the President/ Governing Body;

(b) To receive, scrutinize and place applications for membership of the society before the Governing Body and to enter the name of the members, it approved in the register of members under his initials and to intimate the members about the same and issue identity cards to the members so admitted;

(c) To convene meetings of the Collegiums/ Governing Body with the consent of the President and serve proper notices as prescribed under these byelaws;

(d) To attend all the meetings of the Collegiums and the Governing Body and assist the President in conducting the meetings and record proceedings of all the meetings;

(e) To prepare annual of the Society and place it before the Governing Body alongwith audited annual accounts of the Society, for approval to place the same before the Collegiums in the Annual General Meeting;

(f)   To keep and preserve the records of the Society/ Governing Body;

(g) To help and assist the President in looking after the complete affairs of the Society and in attaining aims and objectives of the society; 

(h) To ensure timely filing of all statutory returns/documents in the office of the District Registrar and such other authorities as may be prescribed under the Haryana Registration and Regulation of the Societies Act, 2012 and the rule made thereunder;

(i)   To be the custodian for sage custody of common seal of the society and affix the same, wherever required as per the authorization of the Governing Body;

(j)   To conduct correspondence on behalf of the Society/ Governing Body and to sign letters and papers on its behalf and to ensure all statutory registers and records are properly kept and maintained;

(k) To prepare before announcing of the date of election and the Annual General Meeting, the list of all the members eligible to vote, duly updated and to place it before the Governing Body;

(l)   Act as the overall in-charge of the administration and execution of all the programmes of the Society including financial affairs on behalf of the Governing Body including creation of posts, fixation of salaries/remuneration/allowances etc. make appointments/engagement of staff, make purchases and do all other such things as may be necessary in the furtherance of the Aims & Objectives of the Society in accordance with the delegations by the Governing Body from time to time  and where no such delegation is specifically made in consultation with the President of the Society.

(iv)         JOINT SECRETARY:

(a) To assist the General Secretary/Secretary of the society in carrying out his functions & duties;

(b) In discharge the functions and duties of the General Secretary/Secretary of the Society in his absence to the extent authorized by the Governing Body;

(c) To look after such functions and duties and exercise such powers as may be assigned and delegated by the Governing Body of the Society from time to time.

(v)        TREASURER:-  

(a) To keep accounts of all financial transactions of the Society and of all the sums of money received and spent by the Society and maintain records of receipts and expenses relating to such matter and of assets, credits and liabilities;

(b) To get the accounts of the Society audited by the chartered accountant appointed by the Governing Body at the close of the Financial year, every year;

(c) To submit to the Governing Body through General Secretary/Secretary, the audited annual accounts of the Society, at least one month prior to the date of annual meeting;

(d) To act as the overall custodian of all the books of accounts of the society, financial statements, receipt books, expense, vouchers, bank passbooks and cheque books etc.

(7) CESSATION OF MEMBERS OF THE GOVERNING BODY: An office bearers/executive members of the Governing Body shall cease to be an office bearers or executive members:-

(a)  Upon submission and acceptance of his resignation;

(b)  If he ceases to be a member in accordance with sub-clause (8) of Clause 4 of these byelaws;

(c)  If he is removed by a resolution passed in the meeting of the collegiums;

(8) EXCLUSIONS FROM THE EMPLOYMENT OF A SOCIETY:-      

(a) No members of the society shall be in full time or part-time employment of the society;

(b) No dependant or family members or close relative of the office-bearers and members of the Governing Body shall be engaged as an employee of the society during its term;

(c) Every office-bearer and member of the Governing Body shall make a declaration in case any person in the employment of the society is his close relative.  

(9) AMENDMENTS IN THE MEMORANDUM OF ASSOCIATION, BYELAWS, NAME OF THE SOCIETY ETC.:- Any amendment in the Memorandum and Byelaws or change of name, amalgamation or division of the society will be done only with the approval of the collegiums by way of a special resolution. The intimation of any such amendment or change, alongwith attested copy of the requisite documents shall be filed in the office of District Registrar by the General Secretary/Secretary within such time as may be prescribed under the Haryana Registration and Regulation of Societies Act, 2012 and the rules made thereunder.

(10)      MANAGEMENT OF ASSETS AND FUNDS OF THE SOCIETY:-

(i)            The source of income of the society will include receipts on account of membership fee, annual subscription, rent from property/assets, interest, consultation fees, donations, gifts, grants etc. The society can also raise funds through interest-free short time loans from its members or from scheduled banks on interest. Loan from the scheduled banks on interest will be taken only for purchase of creation of capital assets and not for meeting any recurring revenue expenditure under any circumstances;

(ii)           The Governing Body will prepare and approve an annual budget of the society on the basis of its estimated income and the capital and revenue expenditure during the first quarter of the financial year and shall also place a copy thereof before the collegiums in its Annual General Meeting for information;

(iii)         The Bank accounts of the Society will be jointly operated by Such Members/Office Bearers as may be decided by the Governing Body from time to time;

(iv)         All assets and funds will belong to the society and vest in the society;

(v)          All receipts and payments of the Society shall be made through Bank Instruments (i.e. D.D./Pay Order/Cheque/Bank Transfer/RTGS) including all receipts towards the Membership Fees and the annual subscriptions from the members. However, the Governing Body may determine the limits of financial transactions which may be conducted in cash in certain other cases.  

(11)     ACCOUNTS OF THE SOCIETY:-

(i)   The treasurer of the Society will be responsible for keeping and maintaining proper books of accounts i.e. cash book, ledger etc. as required under the Income Tax Laws and/or any other authority including the Institute of Chartered Accountants of India, at its Registered Office with respect to all sums of money received and expended by the Society and the assets and all liabilities of the Society;

(ii)  The books of accounts of the Society shall be open to inspection during the business hours by the Registrar Central, Registrar, District Registrar or any officer authorized by them and by any member of the society;

(iii)         The annual accounts of the society will be signed by any two authorized office bearers of the Society;

(iv)         The Governing Body will appoint a chartered accountant, who shall not be a member of the Governing Body or family members of any member of the Governing Body for auditing the accounts and filing of Income Tax Return of the society for each financial year, at such remuneration as may be determined by the Governing Body.

(12)     COMMON SEAL:-

The society will have a common seal which shall be kept in safe custody of the General Secretary/Secretary and shall be affixed wherever it is required in accordance with the authorization by the Governing Body.

(13)     AMALGAMATION OF THE SOCIETY:- The Society may amalgamate itself with any other Society  established and shall be effaced wherever, it is required in accordance with the authorization by the Governing Body.

(14)     DISSOLUTION OF THE SOCIETY:-

(i)            The society may resolve to dissolve itself in accordance with the provisions contained in the Act and the rules there under, in case it becomes difficult to carry on with the operations of the Society, or it becomes insolvent or for any other pressing and unavoidable reasons;

(ii)           In the event of dissolution of the Society, no assets of the Society shall devolve on or distributed amongst the members of the Society;

(iii)         Its assets and properties shall be first used to liquidate any liabilities and the leftover properties/assets, if any, shall be considered for transfer to any other Society established with identical aims and objects or to be the District Collector for use thereof in the general public interest.

We the several persons whose names and address are subscribed hereunder, certify the above to be the true copy of the byelaws of the Society.

Sr. No.

Name

Father’s/ husband’s name 

Address

Occupation

Signature

(i)

Suresh Kumar

Jai Singh


Business

 

(ii)

K



Private job

 

(iii)


(iv


President                              General Secretary                Treasure

 

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