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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) Programme 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