NAME: “...........................”
ADDRESS: The office of the foundation shall be
situated at : .......................................
1. INTERPRETATIONS:
(A) FOUNDATION:
Means the Foundation the name “...............................................” of which appears in the
Memorandum of Foundation and is registered under the provisions of the
Societies Registration Act, 1860.
(B)
OBJECTS: Those occurring in
Clause Number (4) of the Memorandum of Foundation.
(C)
MEMBERS: Means who have
been accepted as member by the Executive Committee and whose name duly appears
on the membership register of the foundation.
(D) EXECUTIVE COMMITTEE:
The Executive Committee will consist of as per clause No (5) in Memorandum of
Foundation and Management of Foundation is vested on the Managing Committee.
(E)
FINANCIAL
YEAR : The financial year means the period commencing from 1st
April and Ending on 31st March.
(F)
RULES
AND REGULATIONS: Rules and Regulations means the Rules and
Regulations stated hereunder and/or amended from time to time by the General
Body Meeting.
2.
JURISDICTION:
Jurisdiction
of the foundation shall be STATE OF
MAHARASHTRA AND THROUGH INDIA.
3.
MEMBERSHIP
AND ITS ENROLLMENT:-
Membership
to the foundation is given to any person:-
1)
Who is working in Medial and Social fields
or who is interested in the objects of the foundation and has given an
application in writing for membership, shall be eligible to become a member of
the foundation on his/her paying the requisite membership fees, subject to
ultimate approval of the president within his discretionary powers.
2)
Who has accepted in writing the Rules and
Regulations of this Foundation.
3)
Whose name has been approved and finalized
by the President and who has the right to vote at the meeting of the
Foundation.
4)
The President reserve the right to make
enroll new members, and any membership application can be rejected by him
without giving any reason whatsoever.
4.
TYPES
OF MEMBERS:
1)
FOUNDER
MEMBERS :
Founder
member is a person, who is signatory to the Memorandum of Foundation and Rules
and Regulation, will be life member of foundation and whose contribution to the
foundation for Rs. 00,000/- per annum.
2)
ORDINARY
MEMBERS :
Ordinary
Member is a person to whom the membership is allotted and approved by the
Executive Committee and whose contribution to the foundation for Rs. 00,000/-
per annum.
3)
LIFE
MEMBERS:
All
Founder Members shall remain as life
members till the existence of this foundation. The right of life membership and
President-ship is inherit right and only be passed to the survivals and
inhabitants of Founder Members.
5.
CEASING
OF MEMBERSHIP :
1)
The President and Secretary shall have
power to remove a member if he is found acting prejudicially to the interest
prestige and working of the foundation. However, sufficient opportunity shall
be given to him to submit his explanation and if such explanation is not found
satisfactory to the President and Secretary.
2)
If Members, Resigns his membership in
writing and his resignation is so accepted by the President and Secretary.
3)
If a
member without intimation to the President and Secretary of the foundation
leave India for more than 6 months or more, then his membership shall be deemed
to have cancelled.
4)
If a member dies or become lunatic,
Executive Committee will be authorized to cease his membership.
5)
If a member is convicted of any offence.
6)
Any member who has not attended three
consecutive meeting may be liable for cease as a member of the foundation.
7)
Any member who has not attended three
consecutive meeting may be liable for cease as a member of the foundation.
6.
WAY
OF FILLING IN VACANCY :
If
any vacancy occurs in the Executive Committee on account of death/resignation
then the remaining member of the Executive Committee will nominate a member,
subject to ultimate and final approval of the President& Secretary.
7.
AUTHORITIES
OF FOUNDATION :
The
following shall be authorities of the foundation.
(a)
The General Body,
(b)
The Executive Committee.
a)
GENERAL
BODY :
It’s right and duties:-
The General Body shall consist of the
members whose names appear on the register of the members of the foundation.
Further the Donor, honorary members as well as the life members as maintained
shall have the right to remain present for the General Body Meeting and place
their opinion about any activity of the foundation and shall be eligible to
exercise every right, except the right to vote for the election of the
Executive Committee.
The General Body is supreme and final
authority of the foundation and has power to watch and keep control over the
work and administration of the Executive Committee.
(i)
RIGHTS
AND DUTIES :
The Annual Meeting of the General Body
shall be held normally once in an every year or more often, if required.
a)
To consider and approve the Annual Report
of the foundation, presented by the President and Secretary.
b)
To consider and adopt the audited statement
of accounts for the previous year.
c)
To consider the resolutions and amendments
referred to it by the Executive Committee.
d)
To consider the budget estimates of the
foundation for the following year.
e)
To appoint the Auditor’s of the foundation
for the next financial year and to fix their remuneration.
f)
To elect the Executive Committee after
every five years.
g)
Transact such other businesses as may be
brought forward with the permission of the President and Secretary.
(ii)
NOTICE
OF GENERAL BODY MEETING:
a)
The Secretary of the foundation upon the
discussion of the President or requisition of the 3/5th members of the
Executive Committee shall convince all the members of the foundation, about the
meeting of General Body Meeting with at least 14 days clear notice.
b)
The notice of the meeting signed by
Secretary shall contain the date, place, and specific agenda to be discussed at
the meeting.
c)
The notice of the General Body Meeting
shall be served upon the members by personal delivery or through under
certificate of posting or by publication in a newspaper. However non receipt of
notice by any member shall not invalidate the business transacted in such
meeting. The Annual Meeting of the General Body shall normally be held in the
month of December every year.
(iii)
QUORUM
:-
The necessary quorum for the General Body
Meeting shall be 3/5 of the existing members on the record. When there is no
quorum the meeting shall be adjourned and adjourned meeting may be held after
half an hour at the same place the members then present shall constitute the
quorum and shall consider the same agenda and note that effect may be made in
the notice of the meeting.
All
matters or questions before the General Body shall be decided by simple
majority of votes by show of hands or by secret ballot if demanded by the
present members. In case of equality of votes the presiding president of the
meeting shall have casting vote in addition to his vote.
b) EXECUTIVE
COMMITTEE:
The
management and control of the foundation shall be at present vested in an
Executive Committee of 7 members. The number of members of Executive Committee
shall be minimum (seven) which can be further extended to maximum up to eleven.
The
Tenure of the Executive Committee is 5 years. After expiry of the tenure,
Executive Committee will be elected by the members of foundation. Founder
members only shall be eligible for contesting election of members of Executive
Committee. The members of Executive Committee shall be eligible for
re-election.
Office
bearers will be elected by the Members of Executive Committee.
1)President
2) Secretary 3) Joint Secretary 4)Treasurer 5)Joint Treasurer
The
Post of President, Secretary & Treasurer will remain constant until
existence of the foundation. The post will be inherited to survivals of the
President, Secretary & Treasurer.
8.
RULES
FOR ELECTION OF EXECUTIVE COMMITTEE :
First
Executive Committee is nominated after expiry of first Executive Committee. The
new Executive Committee is to be elected by General Body Meeting and said
election shall be held by secret ballot or by show of hands. If necessary the
Executive Committee in existence will frame rules of election.
The
members who want to contest the election for being elected as a member of
Executive Committee (only those persons from the General Body who are holding
the membership from a continuous period of one year prior to the election)
should submit on his application to the secretary ten days in advance prior to
the date of General Body Meeting which is fixed for election, application shall
be proposed by one member and seconded by the another member.
9.
EXECUTIVE
COMMITTEE: (MEETING, NOTICE & QUORUM)
1)
The
President shall preside over at all the meeting of the Executive Committee. In
his absence, the Executive Committee shall elect/select one of its members to
preside the meeting.
2)
3/5th members shall form a
quorum at the meeting of the Executive Committee. If at a duly convened meeting
of the Executive Committee, there is no quorum at the time announced for the
meeting shall be adjourned. The adjourned meeting shall be held after half an
hour for which there is no necessary of the quorum. However, the same agenda
will be considered of the adjourned meeting.
3)
All matters placed before the Executive
Committee shall be decided by 3/5th the majority of votes taken by
show of hands. In case of equality of votes, the President of the meeting shall
be entitled to a casting vote.
4)
The Executive Committee shall meet once in
every 4 (four) months or more often as thought fit and proper.
5)
Notice of Executive Committee shall be sent
3 (three) days in advance before the meeting by Ordinary Post or by any other
method to be decided by the Executive Committee.
10.
SPECIAL
MEETING OF THE EXECUTIVE COMMITTEE:
The
Executive Committee shall meet at least once in three months and in the said
meeting the time and subjects kept before if by secretary in consultation with
the president shall be discussed and the decision will be taken on the same by
majority.
The
three members of executive Committee or by requisition call for the special meeting
of executive committee.
The
said requisition must be given at least two days in advance to the secretary
who shall upon the receipt of said requisition convene the special meeting of
executive committee. In case of the president and/or secretary fails to convene
the said meeting in spite of requisition, the said three members who have given
the requisition may themselves call for the meeting and conduct the said
meeting.
11.
POWERS
OF EXECUTIVE COMMITTEE :
1)
To frame regulations consistent with the
constitution for:-
a)
The conduct of its business and,
b)
The conduct of its meeting and,
c)
To manage the affairs of the Foundation.
2)
To solicit, obtain and/or accept
subscriptions, donations, grants, gifts, devices, bequest and trusts from any
person, firm, corporation or institutions or a likewise body.
3)
To hold movable and immovable properties of
the Foundation and to administer its funds.
4)
To consider and recommend for adoption by
the General Body, the annual budgetary provisions for the ensuing year of the
Foundation.
5)
To prepare the draft of the annual reports and
financial statements of the foundation and recommend the same to the General
Body for their sanctions and to arrange for its circulations among the members.
6)
To consider the sanction proposals for
extra expenditure.
7)
To construct, maintain, extend, improve,
repair, alter, enlarge, and modify house building or such type of work
necessary or convenient for the purpose of the Foundation.
8)
To enter into, vary, carry or such type of
work necessary or convenient for the purpose of the Foundation.
9)
To take steps with a view to preventing a
member or any other employee from doing anything or acting in any manner or
performing any act of commission or omission detrimental to the interest of the
foundation.
10)
To fill vacancies in the Executive
Committee caused by death, resignation or absence without leave of a member or
members for three consecutive meetings. But failure to fill in such vacancy or
vacancies shall not during the interval vitiate the proceedings and affairs of
the Executive Committee, which shall be discharged by the remaining members of
the Executive Committee.
11)
To consider and if thought fit, sanction
proposals for the appointment of needs of institution, and members of establishments
in such institutions.
12)
To appoint, confirm, promote or terminate
the services of any employee working in the institute and its branches.
13)
To fix the salaries and allowances to be
paid or made to the employees of the foundation in its various institutions.
14)
To appoint a committee, if required by the
name ’Advisory Board’ for the said
foundation. If deemed necessary and to fix its tenure. To dissolve/change the
members thereof if circumstances so warrant.
15)
To amalgamate with other
foundation/institution or foundation having similar or in part similar
objectives of the foundation.
16)
Provided, however that nothing contained
herein shall prevent the Executive Committee from reimbursing themselves out of
the foundation such funds and all bonafide expenses incurred by them jointly or
severally in or about the execution of the work of foundation.
17)
Generally to do all such acts and things as
may be necessary or desirable in the interest of the foundation whether they
are expressly provided in the rules or not.
18)
To borrow and
raise funds by way of donation, subscription, gifts, grants, loans from other
financial institutes, Industries, Nationalized banks, Financial Authorities,
Financial Organization, various finance providing companies and organizations.
12.
DUTIES
OF OFFICE BEARERS:
1)
PRESIDENT:
1)
To preside over and conduct of the general
body meetings and the meetings of the Executive Committee.
2)
To convene all meetings of Executive
Committee and the General Body as provided in the rules.
3)
To decide all matters/issues by majority of
votes.
4)
To take such action or to suggest such
proposal which he deems fit and proper in the interest of the Foundation.
5)
The right to call any meeting.
6)
To do all acts in order to promote the
welfare of the foundation.
7)
To keep control over the staff of the
foundation.
8)
The president shall have a casting vote in
case of a tie.
2)
SECRETARY
1)
To call meeting by fixing agenda, time
place etc. in consultation with the President or as directed by the President.
2)
To maintain truthful proceeding of all
meetings of Executive Committee and General Body.
3)
To accept membership application and to
place them before Executive Committee and General Body as the case may be.
4)
To operate accounts.
5)
To take action in the interest of the
foundation.
6)
To maintain or to get maintained the
accounts of the foundation.
7)
To keep records of the foundation.
8)
To issue orders of appointment, removal,
suspension and
9)
To do all other work, allotted, entrusted
to him in the interest of the foundation.
3) JOINT
SECRETARY :-
a) He
will take over all duties and rights in the absence of Secretary.
b) He
will assist the Secretary in his work for better administration and speedy
work.
c) He
has to inform, report & get checked all work entrusted by the Secretary
from time to time.
4)TREASURER :
1)
He will be responsible for all the sums of
money which are from time to time received by the foundation.
2)
To see and maintain accounts of the
foundation and its institutions.
3)
To get the accounts of the foundation
audited and present the statement of accounts to the annual general body.
4)
To present the budget to the Executive
Committee for consideration and sanction.
5) JOINT TREASURER :-
a) He
will took over all duties and rights in the absence of Treasurer.
b) He
will assist the treasurer in his work for better administration and speedy
work.
c) He
has to inform, report & get checked all work entrusted by the Treasurer
from time to time.
6)COMMITTEE MEMBERS :
Other
members of the Executive committee of the foundation shall do the work i.e.
entrusted to them by the President of the foundation.
13.
Honorary
internal Auditor:-
i) If
Managing Committee feels if necessary for the benefit of Trust/Society, can
appoint Honorary Internal Auditor to be approved in the Managing Committee
meeting.
ii) His
amount of honorarium if any has to be fixed in the meeting of the Managing
Committee.
iii) He
will assist Treasurer to finalize Balance and Income & Expenditure every
year of the Trust/ Society.
iv)He will advise and do such work
regarding income-tax and will advise the Managing Committee in respect of such
other Govt. transactions and keep liaison with such Govt. Agencies wherever
payments are required to be made.
14.
PROVISIONS
FOR LOAN AND INVESTMENT:
1.
To raise loan if necessary on the security
of the movable or immovable properties of the foundation by taking necessary
permission of the Hon. Joint Charity Commissioner u/s 36A (3) of Bombay Public
Trusts Act 1950.
2.
To open, invest and operate all accounts of
any description with any Nationalized or co-operative bank and to invest and
deal with any money of the foundation not immediately required for any of the
objects under section as of the Bombay Public Trusts Act, 1950.
15.
PROVISION
FOR PURCHASE AND SALE OF IMMOVABLE PROPERTIES :
1)
To acquire gifts, purchase, exchange,
lease, hire or otherwise any lands, buildings, assets, rights of any property,
movable and /or immovable and any estate or interest for the foundation.
2)
To purchase, take on lease or otherwise
acquire or to give its property on lease or hire as may be deemed necessary or
convenient.
3)
To sell, dispose off any property or any
part thereof as may be considered necessary or convenient in the best interest
of the foundation with prior permission of the Hon’ble Joint Charity
Commissioner, u/s 36 (1) of the B.P.T. Act, 1950.
16.
EXTRA
ORDINARY/REQUISITION MEETING OF GENERAL BODY
:-
Such
meeting shall be held at the requisition at least of the 1/5th of
the total number of members on roll provided that the request is made in
writing to the President stating the business proposed to be discussed, no
other business shall be discussed at the Extra – Ordinary Meeting than the
specific purpose for which the meeting is being called.
Decisions
shall be taken by a simple majority. The
President shall have a casting vote in case of a tie. The quorum for the transaction of business
shall be 3/5th members. In
the event of quorum not being present within half an hour for five times set
for the meeting, the meeting shall stand adjourned and reassemble after half an
hour. At such adjourned meeting, the
rule of quorum shall not apply.
17.
VOTING
RIGHTS:-
Every
member will have the right for one vote to be exercised at
the
General Body meeting. All decisions will
be arrived at in the Executive Committee as well as in the General Body Meeting
by a majority vote. In the event of the
tie, the presiding person i.e. the President shall have the power of deciding
the issue by a casting vote. Members who
are in arrears of their annual subscription will not be entitled to:-
(a) Vote
for the Annual General Body Meeting
(b) Stand
for the election of the Executive Committee
(c) Propose,
second or cast votes in the election
18.
FUNDS:-
The
funds of the foundation shall consist of subscriptions, and donations and such
other funds received from whatever source, and the same shall be deposited in
any Nationalized or Co-operative Bank or public securities approved by the
Executive Committee.
The
Income, money and properties of the foundation, in whatsoever manner derived,
shall be applied solely towards the maintenance, upkeep and improvement of the
institution and properties of the foundation and for the promotion of all or
any of the objectives specified above and no portion thereof shall be paid or
transferred directly or indirectly by way of profit to the members of the
foundation PROVIDED and howsoever that nothing herein shall prevent in good
faith remuneration to any member in return for any service rendered to the
foundation.
The
foundation may establish general, special or capital funds for furtherance of
the aims and objectives of the foundation and the money shall be deposited in
Nationalized and/or Co-operative banks or public securities.
19.
PERCENTAGE
OF EXPENDITURE
:-
Out
of the income of the foundation atleast 80 % of the income shall be incurred on
carrying out the objectives of the foundation and 20 % income shall be incurred
on administrative expenses.
20.
BANK
ACCOUNT:
The
bank accounts shall be in the name of the foundation and shall be operated
under the joint signature of any two out of President, Treasurer and Secretary.
However, the signature of President is compulsory.
21.
BOOKS
OF ACCOUNTS AND INSPECTION AND AUDIT:
Proper
Books of Accounts shall be maintained by the Executive Committee and those
shall be kept at the office of the foundation and same shall be available for
the inspection of general Body. For each financial year shall be audited by
Charted Accountant who shall submit their reports on the same to the Executive
Committee who shall present it to the General Body with their remarks.
22.
CHANGE
AMENDMENT IN THE NAME AND OBJECT:
To
alter, extend, amend or change the name and/or the objectives of the
foundation, however, provisions of sections 12 and 12A of the Societies
Registration Act, 1860 shall be complied with.
23.
CHANGE
IN RULES AND REGULATIONS:
Any
change to be done in the rules and regulations will be done by calling special
General Meeting and 3/5th of the total number of members should be
present for the said meeting and the said change should be accepted in the said
meeting by majority.
24.
LIST
OF MEMBERS :
The
list of persons who are members within the meaning of Section 15 of the
Societies Registration Act, 1860, shall be maintained in the form of Schedule
VI to the Societies Registration (Maharashtra) Rules, 1971 vide Rules 15
thereof.
25.
INDEMNITY :
1)
The
office bearers and the members of the foundation shall be indemnified in respect of acts done by
them for the foundation in good-faith and no office bearer or member of the
foundation shall be liable for such act done by any other office bearer or
member of the foundation.
2)No act or proceedings of
the foundation shall be deemed to be invalid by a reason merely of any vacancy
in and/or defect pr deficiency in the construction of Memorandum of the
foundation.
26.
SEAL :
There
shall be a common seal of the
foundation which shall be affixed at the discretion of Executive Committee to
such deeds, contracts agreements and official letters, documents or statements of whatever nature
where requires the sanction of the Executive Committee.
27. If the Trustee
of these presents shall be a Solicitor, Advocate, Chartered Accountant,
Architect or a person engaged in any other profession he, she, his or her firm shall be entitled to charge
for his or her or their and firm's professional or other services including all
profits, costs and charges inspite of the fact that he or she shall be the
trustee of these presents and whether such charges are in the ordinary course
of this profession or not and although they may not be of a nature requiring
the employment of a Solicitor, Advocates, Chartered Accountants, Architects or
other professional person.
28. The Trust hereby
declared and created shall be and shall remain irrevocable for all times and
the Settler doth hereby release, relinquish, surrender and determine his/her
right or power if any which may be regarded as having been reserved to him/her
either by these presents or otherwise howsoever to restore to himself/herself
or to reclaim any interest in the Trust and the investments for the time being
representing the same or the income thereof TO THE INTENT that the Trust fund
may be held by the Trustees upon the Trusts and with and subject to the power
provisions, agreements and declarations contained in these presents to the
entire exclusion of the Settlor and/or any benefit to the Settlor by contract
or otherwise.
29. DISSOLUTION :
If
any reason, it is decided to dissolve the foundation, the provision of sec. 13
and 14 of the Societies Registration Act, 1860, shall be complied with.
CERTIFICATE
Certify
that, this is the true and correct copy of the Rules and Regulations adapted by
“.....................................................” to best of our knowledge and belief.
Place:
Date
:
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