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(1) INTERPRETATIONS :-
A) SOCIETY :- Means the
‘Ferrocement Society’ the name of which appears in the Memorandum
of Association, and is registered under the provisions of the Societies
Registration Act, 1860. The Society shall remain irrevocable at all times.
B) OBJECTS :- Those occurring in Clause No. (4) of the Memorandum of Association.
C)
MEMBERS :-
Mean those persons who have been enrolled as members of the Society by the
Managing Committee, and the names of whom appear in the membership register in
the respective category maintained by the Society.
D) MANAGING
COMMITTEE:- The Managing Committee shall be a body of
Governors, Council, Directors, Committee, Trustees or other body to whom by the
Rules and Regulations of the Society the management of its affairs is
entrusted.
(2) JURISDICTION
:- Jurisdiction of the Society shall be whole of
(3)
MEMBERS OF THE SOCIETY:-
A)
Any person who is associated
with or interested in the objects of the Society and has given an application
in writing for membership to the President / Honorary Secretary shall be
eligible to become a member of the Society on his / her paying the requisite
subscription/membership fees.
B)
Who has accepted in writing
the Rules and Regulations of this Society.
C)
Whose name has been approved
and finalized by the Managing Committee, and who has the right to vote at the
General Body Meeting of the Society.
D) The
Society reserves the right to enroll new members as per requirement. However,
any membership application can be rejected by the Managing Committee without
giving any reason whatsoever.
(4) TYPES OF MEMBERS :-
A) Founder
Member :-
Founder member is a person who is
signatory to the Memorandum of Association of the Society, and whose membership
fees amount to Rs. 3000/- ( US
$ 300 ) until his life.
B) Ordinary
Member :-
Ordinary member is a person who pays Rs. 500/- per year, ( US $ 50 ),
at the time of enrollment of membership.
C) Life
Member :-
Life
member is a person who pays Rs. 3,000/-( US $ 300 ) at the
time of enrollment. Such person shall be on the roll of membership of
the Society for his life.
D) Corporate Member :-
Any
Company/Corporation/Partnership Firm/
E) Institutional Member :-
Any Society, Trust,
Foundation, Institution ( educational / research )
interested in the activity of Ferrocement Technology may become Institutional
Member of the Society by paying subscription/membership fee of Rs. 10,000/- (
US $ 1000 ) towards their life membership. This membership shall be represented
by 3 ( three ) members ( max ) of the society.
F)
Honorary Member
:-
Any person who has rendered any
distinguished services, or who is otherwise enjoying high public esteem, may be
invited as an Honorary Member of the Society
for such period as the Managing Committee may think fit and proper. An Honorary Member shall be entitled to
participate in the deliberations of the Society at its General Meetings, but
shall not be eligible to vote on any matter.
G) Student Member :-
All
interested undergraduate/post graduate/research students, of any educational
institute, who are pursuing studies to obtain a degree/diploma/authorized
certification , in any branch of science/technology or equivalent, who pays Rs.
100/- ( US $ 10 ) per year, at the time of enrollment of the membership.
(5)
CEASING OF MEMBERSHIP :-
A) The
Managing Committee shall have power to suspend, and / or remove a member if he
/ she are found acting prejudicially to the interest, prestige and working of
the Society.
B) However,
sufficient opportunity shall be given to him/her/such member to submit his/her
explanation as to why he/she should not be suspended, and/or removed.
C) If the explanation
provided by such member is not found satisfactory to the Managing Committee
then his / her membership can be suspended / terminated.
D) If
a member voluntarily resigns from his membership / trusteeship, and the
resignation is so accepted by the Managing Committee.
E) If
an ordinary member
does not pay his membership fee for the category in which he is enrolled as
member after expiry of his period within 6 months then his membership shall
ipso facto be terminated.
F)
If a member dies or becomes
lunatic.
G)
If a member is convicted of
an offence involving moral turpitude.
(6) WAY OF FILLING IN VACANCY IN MANAGING
COMMITTEE :-
If any vacancy
occurs in the Managing Committee members/ trustees on account of
disqualification of a trustee or on account of vacancy due to death or
resignation or if a trustee desires to be discharged or relieved from
trusteeship, and/or if any designation of the Office Bearer is required to be
changed, then the continuing or surviving trustees shall appoint a new
trustee/Office Bearer in the vacancy caused by majority, from amongst the
members. The person so appointed in the vacancy created shall work only for the
un-expired period of 2 years.
(7) AUTHORITIES
OF SOCIETY :-
The following shall be the
authorities of the Society:-
1) The General Body 2) The Managing Committee
(8) GENERAL BODY:-
A)
The General Body shall
consist of all categories of members.
B)
The General Body shall
normally meet once in a year or more often.
C)
The meeting of the General
Body shall be presided over by the President or in his absence by the
Vice-President, and in absence of both by a member so elected by the General Body in the said
meeting.
D)
1/3rd of the
existing members on record shall form a quorum at a meeting of the General
Body.
E)
If at a duly convened meeting
of the General Body, there be no quorum at the time announced for the meeting,
the meeting shall be adjourned. The adjourned meeting shall be held after half
an hour for which there is no necessity of the requisite quorum. However, the
same agenda will be considered at the adjourned meeting.
F) All
matters placed before the General Body for which no higher majority is
prescribed, shall be decided by simple majority or show of hands, or by ballot,
if demanded by 1/3rd or more members present. In case of equality of
votes, the President of the meeting shall have
a casting vote.
G) The
Honorary Secretary on the instructions of the Managing Committee and in
consultation with the President shall convene the meeting of the General Body
with at least 14 days clear notice. The notice
of the meeting shall contain a specific agenda to be discussed at the meeting.
The said notice shall be sent “Under Certificate of Posting", E-Mail, or
by any other method as per the choice of the President to all members the names
of whom appear on the Membership Register.
H)
The General Body at its
Annual General meeting shall:-
(1) Consider and approve the Annual Report
of the Society as presented by the President.
(2) Consider
and adopt the audited statement of accounts for the previous year.
(3)
Consider
the budget estimates of the Society for the following year.
(4)
Consider
the resolutions and amendments, referred to it by the Managing Committee or by
the member of the Society.
(5) Appoint Auditors for the ensuing year.
(6) Transact such other business as may be
brought forward with permission of the President.
(7) Elect
members on the Managing Committee after every 2 years.
(9) MANAGING
COMMITTEE :-
The
management and control of the Society shall be at present vested in a Managing
Committee of 6 (six) members. The number of Managing Committee shall be minimum
5 (five) members which can be further extended to maximum 15 (fifteen) nos. as
per requirement. All the managing committee members shall work as an honorary
members/trustees of the society and render their services without any salary.
The
tenure of the Managing Committee shall be of 2 (Two) years. However the old Managing Committee
shall continue in office till new Managing Committee is elected as per the
Rules and Regulations. After expiry of the tenure the retiring Managing
Committee members are re-eligible for contesting
the election. The Managing Committee, at present, shall consist of 6 ( six ) office
bearers, and others shall be called as the trustees / Managing Committee
members. These office bearers shall be elected by the Managing Committee
Members amongst themselves.
1) President 2) Vice President ( two
numbers )
3) Honorary
Secretary 4) Treasurer 5) Project
co-ordinator
The
Managing Committee is entitled to start the election process by appointing an
independent Election Officer, if required, two months before expiry of the
tenure of 2 (Two) years. The Managing Committee shall prepare its internal Rules
for conducting the elections. The elections will be
conducted by the Election Officer so appointed. The notice for the
elections shall be signed by the Election Officer and the Secretary jointly.
Such notice shall be sent only to all members except honorary members 14 days
before the election.
The
management committee shall nominate Special Advisors, who have done outstanding
work in the field of Ferrocement or any other senior persons, for seeking
guidance and co-operation. The special Advisors shall not have any voting
rights in the managing committee activities.
(10) MANAGING COMMITTEE :- (MEETING,
NOTICE & QUORUM)
A)
The President shall preside
at all the meetings of the Managing Committee. In his absence the Vice
President shall preside over the meeting, and in absence of both the Managing
Committee shall elect / select one of its other members to preside over the
meeting.
B)
2/3rd members
shall form a quorum at the meeting of the Managing Committee. If at a duly convened
meeting of the Managing Committee, there be no quorum at the time announced for
the meeting, the meeting shall be adjourned.
The adjourned meeting shall be held after half an hour for which there
is no necessity of the quorum. However,
the same agenda will be considered at the adjourned meeting.
C)
All matters placed before the
Managing Committee shall be decided by 2/3rd 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.
D)
The Managing Committee shall
meet once in every 4 (Four) months or more often as thought fit and proper.
E)
Notice of Managing Committee
meeting shall be sent 3 (Three) clear days in advance before the meeting by
Ordinary Post or by any other method to be decided by the Managing Committee.
(11)
POWERS OF MANAGING COMMITTEE
:-
A) To
frame regulations consistent with this constitution for:-
1) The conduct of its business and,
2) The conduct of its meeting and,
3) To manage the affairs of the
Society.
B) 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.
C) To
hold movable and immovable properties of the Society and to administer its
funds.
D) To
consider and recommend for adoption by the General Body the annual budgetary
provisions for the ensuing year of the Society.
E) To
prepare the draft of the annual reports and financial Statements of the
Society, and recommend the same to the General Body for their sanctions, &
to arrange for its circulation among the members.
F)
To consider and sanction
proposals for extra expenditure.
G) To
construct, maintain, extend, improve, repair, alter, enlarge, modify any house buildings or such type of work necessary or
convenient for the purpose of the Society.
H)
To enter into, vary, carry or
cancel contracts on behalf of the Society.
I) 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 Society.
J) To
consider and if thought fit, sanction proposals for the appointment of needs of
institutions, and members of establishments in each institutions.
K) To
appoint, confirm, promote or terminate, and/or transfer the services of any
employee/s working in the institute/s and its branches
in the interest of the Society, and to fix their salaries and
allowances.
L) To
appoint advocate/s, retainer/s for giving legal advice to the Society, and for
conducting cases, if any, and/or Solicitors, Attorneys, Valuers,
Engineers, Contractors, etc. as required from time to time for the performance
of the activities of the Society.
M) To
appoint any specific Committee
for any particular purpose/object under the name to be decided by the Managing
Committee, as per requirement, and fix its tenure. To dissolve/ change the
members of the Committee if circumstances so require/demand.
N) To
amalgamate with any other Society, and / or Trust having similar or in part
similar objectives of the Society from
O)
Provided however that nothing
contained herein shall prevent the Managing Committee from reimbursing themselves
out of the Society such funds, and all bonafide
expenses incurred by them jointly or severally in or about the execution of the
Society purposes.
P)
The Managing Committee can
give scholarships, loans, donations to the needy and deserving students for
education who shall be going abroad only for the purpose of education and
coming back to settle permanently in
Q) To establish
Chairs in selected Indian and foreign Universities for researches into diverse
areas.
R) The Managing
Committee in addition to the aforesaid duties can do the following duties….
a. raise funds from individuals and institutions within and outside
the country;
b. receive grants-in-aid from Government and assistance from
different bodies national and international;
c. use print and electronic media to disseminate necessary
information;
S)
Generally to do all such acts
and things as may be necessary or desirable in the interest of the Society
whether they are expressly provided in the rules or not, to fulfill the
objectives.
(12)
PROVISION FOR LOAN AND INVESTMENT :-
A) To raise loans, if necessary, on the
security of the movable or immovable properties of the Society by taking
necessary permission of the Hon. Joint Charity Commissioner, u/s 36A(3) of the
B.P.T. Act.
B) To open, invest and operate all
accounts of any description with any Nationalised or co-operative bank and to
Invest and deal with any money of the Society not immediately required for any
of its objects under section 35 of the Bombay Public Trust Act, 1950.
(13) PROVISION
FOR PURCHASE AND SELL OF IMMOVABLE PROPERTY:-
A)
To
acquire by gift, 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 Society.
B) To purchase, take on lease or otherwise
acquire or to give its property on lease or hire as may be deemed necessary or
convenient.
C) To sell, dispose off any property or any
part thereof as may be considered necessary or convenient in the best interest
of the Society with prior permission of the Hon. Joint Charity Commissioner,
u/s 36(1) of the B.P.T. Act, 1950.
(14) DUTIES
OF OFFICE BEARERS :-
1) To
preside over and conduct the meetings of the General Body and Managing
Committee.
2) To decide all matters/issues by
majority of votes.
3) To
take such action or to suggest such proposal which he deems fit and proper in
the interest of the Society.
4) The right to call any Managing
Committee meeting in case of necessity/urgency.
5) To look after the activities and day to
day affairs of the Society.
6) To direct the
Secretary to call meetings of the Managing Committee, and General Body as per
requirement.
7) The
President shall have control over the staff of the Society.
8) The
President is entitled to keep in hand an amount of Rs. 10,000/- for day to day
expenses.
9) To do all acts in order to promote the
general welfare of the
Society.
B) VICE
PRESIDENT :-
1)
To
look after the activities and day to day affairs of the Society in the absence
of the President.
2)
To
suggest ways and new schemes for the betterment of the objects of the Trust.
3) The
Vice-President is entitled to keep in hand an amount of Rs. 7,500/- for day to
day expenses.
C)
HONORARY SECRETARY :-
1) To convene all meetings of the Managing
Committee and the General Body as provided in the Rules in consultation, and
instructions of the President.
2) To
write and record the minutes of the meetings in the proceeding book.
3) To
carry on correspondence for the Managing Committee and General Body in
consultation with the President.
4) To arrange and keep the records of the
Society up-to-date.
5) To keep and maintain a list of the
properties of the Society.
6) To maintain the General Registers of
the members of the Society.
7) To hold movable and immovable
properties of the Society and to administer its funds.
8) To implement the regulations of the
General Body and the Managing Committee.
9) To carry out the
instructions given by General Body, Managing Committee and President pertaining
to the Society.
10) To
correspond, and represent the Society in all legal matters by or against the
Society and to execute legal documents for the Society, in consultation with
Managing Committee.
11) The
Secretary is entitled to keep in hand an amount of Rs. 5,000/- for day to day
expenses.
D) TREASURER :-
1) To
see and maintain accounts of the Society and its institutions.
2) To get the accounts of the Society
audited, and present the statement of accounts the Annual General Body.
3) To present the budget to the Managing
Committee, for consideration and sanction as provided
in the B.P.T. Act, 1950.
4) To
perform and to do all the duties in the interest of the Society as assigned to
him by the General Body, and the Managing Committee of the Society.
5) The
Treasurer is entitled to keep in hand an amount of Rs. 5,000/- for day to day
expenses.
E) PROJECT CO-ORDINATOR
:-
1) To arrange and co-ordinate all
activities in co-operation with the Honorary Secretary, regarding seminars,
workshops, lectures, research projects, etc and all such activities to promote
the technology.
(15)
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 Requisition meeting than the specific purpose for
which the meeting is being called. The
notice for this meeting shall be under the signature of President and is
required to be sent 21 clear days in advance to every member.
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 2/3rd members. In the event of
quorum not being present within half an hour for the time set for the meeting,
the meeting shall stand adjourned and re-assemble after quarter of an hour. At
such adjourned meeting, the rule of quorum shall not apply.
(15A) EXTRA ORDINARY MEETING OF THE MANAGING COMMITTEE :-
Such meeting shall
be held in extra ordinary circumstances where urgent policy matters/decisions
are to be discussed and need to be resolved.
The notice for this meeting shall be issued by the Secretary under the
instructions of President. This notice
will be sent by such mode to be decided by the President. The notice shall be
sent 1 day in advance before the meeting.
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 2/3rd members. In the event of
quorum not being present within half an hour for the time set for the meeting,
the meeting shall stand adjourned and re-assemble after quarter of an hour. At
such adjourned meeting, the rule of quorum shall not apply.
(16)
VOTING RIGHTS :-
Every member other
than Honorary Member will have the right to vote at the Annual General Body
meeting. All decisions will be taken in the General Body Meeting by simple majority.
In the event of a tie, the presiding person i.e. the President of the society
shall have the power of deciding the issue by a casting vote. In case the
President is absent, the vice-President or the senior member of the society,
who is present shall preside the General Body meeting.
Ordinary members
who are in arrears of their annual subscription will not be entitled to:-
a) Vote at the Annual General Body Meeting.
b) contest the election of the Managing Committee.
c) Propose,
second or cast votes in the election.
(17)
FUNDS :-
The funds of the
Society shall consist of subscriptions, and donations, and such other
funds received from whatever
source, and the same shall be deposited in any bank/s which includes Nationalised,
Multi-National, Scheduled bank/s or Public Securities approved by the Managing
Committee.
The income, money
and properties of the Society, in whatsoever manner derived, shall be applied
solely towards the maintenance, upkeep and improvement of the Society and its
institutions / branches and properties of the Society 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
Society, PROVIDED and however that nothing herein shall prevent
remuneration in good faith to any member in return for any service rendered to
the Society.
(18)
ACCOUNTING YEAR :-
The accounting
year of the Society shall be from 1st of April to 31st March of subsequent
year.
(19)
BANK ACCOUNT :-
The
Bank Accounts shall be in the name of the Society and shall be operated by any
two of the office bearers from President, Vice-
President, Treasurer, Secretary. The bank account can also be opened in the
name of the Society to be operated individually by any office bearer as
per requirement.
(20) CHANGE,
AMENDMENT IN THE NAME AND OBJECT :-
To
alter, extend, amend or change the name, and/or the objectives of the
Society. However, provisions of Sections
12 and 12A of the Societies Registration Act, 1860, shall be complied with.
Any amendment to the Memorandum of Association will be carried out only
with the approval of the Asstt. Registrar of Societies, Pune,
and Asstt. Charity commissioner, Pune. and Competent Income Tax Authority i.e. the Commissioner of
Income Tax, Pune, if so required.
(21)
CHANGE IN RULES AND REGULATIONS :-
Any change to be
done in the Rules and Regulations will be done by calling special General Body 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. A copy of proposed change(s) in Rules and
Regulations shall be sent alongwith Notice to the members well in advance.
Any amendment to the Rules and Regulations will be carried out only
with the approval of the
Asstt. Registrar of Societies, Pune, and Asstt.
Charity commissioner, Pune. and
Competent Income Tax Authority i.e. the Commissioner of Income Tax, Pune, if so
required.
(22)
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.
(23)
INDEMNITY :-
A) The
office bearers and the members of the Society shall be indemnified in respect
of acts done by them for the Society in good faith, and no office bearer or
member of the Society shall be liable for such act done by any other office
bearer, or member of the Society.
B) No
act or proceedings of the Society shall be deemed to be invalid by a reason
merely of any vacancy in and/or defect or deficiency in the construction of Memorandum
of Association of the Society/ Rules and Regulations thereof as the case may
be.
(24)
SEAL :-
There shall be a
common Seal of the Society which shall be affixed at the discretion of Managing
Committee to such deeds, contracts, agreements and official letters, documents
or statements of whatever nature where requires the sanction of the Managing
Committee.
(25)
PROVISION FOR EXPENSES TO BE
INCURRED ON OBJECTS -
If
any amount is collected for some specific object, the said amount can be 100%
spent for that object. Alternatively, such amounts can be spent on other
objects as approved and decided by the Managing Committee from time to time.
(26) DISSOLUTION
:-
If for any reasons
it is decided to dissolve the Society, the provision of sec. 13 and 14 of the
Societies Registration Act, 1860, shall be complied with.
In the event of dissolution the surplus assets / funds of the Society
as would remain after discharging all liabilities shall be transferred to any
other Public Charitable Institution/Society having similar objects, and also
registered u/s 12A of Income Tax Act, 1961, and the same shall not under any
circumstances be distributed among the members.
: C E R T I F I C A T E :
Certified that this is the true and correct copy of
the Rules and Regulation adopted by ____________________________ to the best of
our knowledge and belief.
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PRESIDENT SECRETARY TREASURER