SYLHETI SAMMELAN,
GUWAHATI
MEMORANDUM OF ASSOCIATION
AND
BYE-LAWS
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SYLHETI SAMMELAN,
GUWAHATI
MEMORANDUM OF ASSOCIATION
AND
BYE-LAWS
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Registered Office :
Flat No. A/1, Dream Home Apartment, 1st Floor, Barshapara, P.O. Vinobanagar, Guwahati – 781 018, Distt. Kamrup (Metro), Assam
CONTENTS
Certificate of Registration under Societies Act XXI of 1860:Page 1
Certificate of affiliation with All India Federation of
Sreehatta Sammilanis (AIFSS):Page 2
Memorandum of Association:Page 3 – 4
BYE-LAWS:
Article1:Objectives
Article2:Definitions
Article3:Rules and Regulations
Article4:Certificate
Article5:Area of Operation
Article6:Membership
Article7:Types of Membership
Article8:Honorary Members
Article9:Subscriptions
Article10:Resignation
Article11:Removal of Members
Article12:Suspension of Members
Article13:Re-admission
Article14:Management
Article15:Meetings of the Executive Committee and its powers
Article16:Functions of the Executive Committee
Article17:Accounting Year
Article18:General Body and its functions
Article19:Functions and powers of Office Bearers
Article20:Bank Accounts and other investments
Article21:Maintenance of Inventories, Records, Documents etc.
Article22:Funds and their utilisation
Article23:Quorum in the meetings
Article24:Elections
Article25:Affiliations with Federations
Article26:Advisory Committee
Article27:Sub-committees
Article28:Publicity and Advertisements
Article29:Disputes
Article30:Application of Rules
Article31:Indemnity
Article32:General
Article33:Complaints
Article34:Amendments
Article35:Winding up Procedure
MEMORANDUM OF ASSOCIATION
1. NAME OF THE ORGANISATION
Name of the Organisation shall be SYLHETI SAMMELAN, GUWAHATI (hereinafter called the Association).
2. REGISTERED ADDRESS :
The current registered address of the Association is Flat No. A/1, Dream Home Apartment, 1st Floor, Barshapara, P.O. Vinobanagar, Guwahati – 781 018. The registered office of the Association may, however, be shifted at any time and on as many occasions as may be required in future to any place or location within the jurisdiction of Gauhati Municipal Corporation, subject to the approval of the Executive Committee and keeping in view the overall interest of the Association.
3. LOCATION OF THE ASSOCIATION
The Office of the Association is situated within the jurisdiction of the Registrar of Societies, Govt. of Assam, Guwahati.
4. AREA OF OPERATION OF THE ASSOCIATION
The area of operation of the Association shall be primarily restricted to the geographical locations within the Districts of Kamrup (Metro) and Kamrup (Rural) in the State of Assam. However, the Association may undertake different socio-cultural activities in line with the aims and objectives set forth in the Bye-laws anywhere in India either directly or in collaboration with other sister organisations or organisations subscribing to the values and ideals of the Association.
5. DATE OF ESTABLISHMENT OF THE ASSOCIATION
Date of establishment of the Association is 30th April 2017.
6. OBJECTIVES OF THE ASSOCIATION
SYLHETI SAMMELAN, GUWAHATI is a voluntary organisation and it is established to serve the cause of moral, cultural and educational upliftment of all sections of the people with particular emphasis on preserving and promoting the cultural and traditional heritage of the people belonging to Sylheti origin in the Districts of Kamrup (Metro) and Kamrup (Rural) in the State of Assam, in order to fulfill the ideas and objectives enumerated in details in the Bye-laws.
BYE-LAWS
Article No. 1:OBJECTIVES
Promotion of activities in the areas of Arts & Fine Arts, Music, Dance, Philosophy, Education, Science, Sports & Games, Literature, Social Awareness, Crafts, Rural Development, Women & Child Welfare, Protection of Forests, Wild Life Protection, Cleanliness, Environment, Yoga, Medicine and Health, Animal Protection and Developmental Research etc., and such other activities that may be decided by the Association from time to time in future.
Article No. 2: DEFINITIONS
In the Memorandum of Association and Bye-laws, unless otherwise specifically mentioned or unless the context otherwise requires:
2.1‘Association’ means SYLHETI SAMMELAN, GUWAHATI.
2.2‘Executive Committee’ means the Executive Committee of SYLHETI SAMMELAN, GUWAHATI, elected and constituted by the General Body under the Bye-laws.
2.3‘General Body’ means the body consisting of all the registered members of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.4‘President’ means the President of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.5‘Working President’ means the Working President of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.6‘Vice Presidents’ means the Vice Presidents of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.7‘General Secretary’ means the General Secretary of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.8‘Joint Secretary’ means the Joint Secretary of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.9‘Cultural Secretary’ means the Cultural Secretary of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.10‘Organising Secretary’ means the Organising Secretary of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.11‘Assistant General Secretary’ means the Assistant General Secretary of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.12‘Assistant Cultural Secretary’ means the Assistant Cultural Secretary of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.13‘Treasurer’ means the Treasurer of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.14‘Assistant Treasurer’ means the Assistant Treasurer of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.15‘Member’ means an Ordinary Member, an Honorary Member, a Life Member and a Patron Member of SYLHETI SAMMELAN, GUWAHATI, as mentioned in the Bye-laws.
2.16‘Chartered Accountant’ means a person who is so recognised under the Chartered Accountants Act, 1949.
2.17‘Rules and Regulations’ mean the rules and regulations framed, adopted and/or amended and incorporated in the Bye-laws by the General Body of SYLHETI SAMMELAN, GUWAHATI.
Article No. 3:RULES AND REGULATIONS
The Rules and Regulations of the SYLHETI SAMMELAN, GUWAHATI shall be as mentioned in the subsequent Articles in the Bye-laws, for the present. In case any change or changes are required in the Rules and Regulations at any time in the future, they may be incorporated by adopting necessary resolution(s) in the Annual/Triennial General Body Meeting by a majority vote of the registered members. The relevant changes will be intimated to all the concerned authorities enclosing a copy of the Bye-laws and the same will also be displayed on the Notice Board of the Association for information of the members.
Article No. 4: CERTIFICATE
4.1Certified that the Association has been formed with no profit motive though commercial activity may be involved in its working in order to fulfill the aims and objectives described in the Bye-laws.
4.2 Certified that the Association would not engage in any agitational or trade union activities to ventilate any grievances and/or for any other reasons, and
4.3 Certified that the office bearers or any members of the Association will not be paid any remuneration or honorarium for discharging their duties and responsibilities from the funds of the Association.
Article No. 5: AREA OF OPERATION
5.1 SYLHETI SAMMELAN, GUWAHATI shall remain an organisation which will be operating primarily within the districts of Kamrup (Metro) and Kamrup (Rural) in the state of Assam. However, the Association may undertake different socio-cultural activities in line with the aims and objectives set forth in the Bye-laws anywhere in India either directly or in collaboration with other sister organisations or organisations which might subscribe to the values and ideals of the Association.
5.2For the present, the registered office is located at Barshapara, P.O. Vinobanagar, Guwahati – 781 018 and if and when necessity arises, the Association may shift its office to any place within the area of its operation and can also open new branch offices in any place within the aforesaid area of operation.
Article No. 6: MEMBERSHIP
6.1 Any person (Women/Men) who is an Indian by nationality and/or a Non-resident Indian by law above the age of 21 (Twenty one) years shall be eligible to become a member of SYLHETI SAMMELAN, GUWAHATI provided that the name of each applicant who is desirous to join as a member of the Association must be recommended by the Executive Committee of the Association.
6.2The membership admission fee is Rs. 100/- (Rupees one hundred only) for the present and this fee is not refundable.
Article No. 7: TYPES OF MEMBERSHIP
The membership of SYLHETI SAMMELAN, GUWAHATI shall be classified into four types as under:
(1) General Member,
(2) Life Member,
(3) Patron Member.
(4) Honorary Member
Article No. 8: HONORARY MEMBERS
8.1The Executive Committee of the Association shall have powers to nominate or elect honorary members of the Association for a term of three years which may be extended for such further period as may be decided by the Executive Committee of the Association from time to time.
8.2Any person enjoying high reputation in the society in social, sports, educational and cultural fields who might volunteer himself to contribute in any manner whatsoever by way of cash, kind or otherwise in order to promote the cause of the Association may be admitted as honorary member. Honorary members shall not be under any obligation to pay any admission fee or annual subscription.
Article No. 9: SUBSCRIPTIONS
9.1A General member shall pay Rs.100/- (Rupees one hundred only) towards admission fee and thereafter he shall pay an amount of Rs. 600/- (six hundred only) per annum towards annual subscription of the Association.
9.2 A life member shall pay Rs.100/- (Rupees one hundred only) towards admission fee and one time subscription of Rs.5000/- (Rupees Five thousand only) or any higher amount thereof towards membership fee of the Association.
9.3 A patron member shall pay Rs.100/- (Rupees one hundred only) towards admission fee and Rs.10000/- (Rupees ten thousand only) or any higher amount thereof towards membership fee of the Association.
9.4 Honorary members shall not be required to pay any admission fee or annual subscription or one time subscription.
9.5All members of the Association viz; General, Life, Patron and Honorary members may voluntarily make donations of any sum of money by cash, cheques or other authorised methods to the funds of the Association for carrying out the legitimate activities of the Association.
9.6Subscriptions shall be paid yearly in advance.
9.7Annual Subscription is payable on or before the 31st of March every year and any member who fails to pay the subscription within the aforesaid date may be removed from the Membership Roll at the discretion of the Executive Committee.
9.8Every application for membership i.e. General, Life, and Patron duly completed with all the information as laid down in the Rules and Regulations of the Association received till 7 (Seven) days prior to the date of the meetings of the Executive Committee shall ordinarily be placed before the Executive committee at the respective periodical meetings for consideration and the Executive Committee shall be at liberty to accept or reject such application of any member without assigning any reason whatsoever.
9.9The General Secretary of the Association shall communicate the decision of the Executive Committee regarding admission or rejection as members to the concerned applicants and in case of rejection shall also refund the admission fee and advance subscription received, if any, from such applicants.
9.10Any person admitted as Life, Hhonorary and Patron member shall not be under any obligation to pay any annual subscription.
Article No. 10: RESIGNATION
A member may resign from his/her membership by serving a notice in writing addressed to the President of the Association 30 days in advance provided, however, that a resigning member shall be liable to pay the subscriptions due for the year in which the notice of the resignation is submitted by him/her together with arrears of subscriptions, if any.
Article No. 11: REMOVAL OF MEMBERS
11.1Any member who is in arrears of subscriptions may be removed by the Executive Committee from the Membership Roll with due notice to be served to the concerned member by the General Secretary. Such members who are removed from the Membership Roll of the Association may, however, be re-admitted as members only on payment of all arrear subscriptions/dues by him/her.
11.2Any member who is found to be of unsound mind and/or in case in the opinion of the Executive Committee a member is found to be conducting himself/herself in a way which is considered detrimental and prejudicial to the interests of the Association, shall be liable to be removed from the Membership Roll by the Executive Committee of the Association.
11.3Any member of the Executive Committee other than the office bearers as mentioned in Article 14(b)1 who remains absent in the Executive Committee meetings consecutively on three occasions without the prior approval of the President is liable to be removed from the Executive Committee. Subject to the concurrence of the majority members present in the meetings, the Executive Committee may exercise the powers to remove any such delinquent member from the Executive Committee and co-opt another member in the resultant vacancy with due notice to be served to the concerned member who has been removed from the Executive Committee.
11.4The General Body shall have the powers to remove any office bearer from his post as well as from the membership of the Association in case he is found to have committed any irregularities as per the aforementioned provisions contained in Article 11.1, 11.2 or 11.3. Such a decision to remove an office bearer shall, however, be taken by a 2/3rd majority of votes cast by the registered members present in the Annual General meeting.
Article No. 12: SUSPENSION OF MEMBERS
If the activities of a member are found to be detrimental to the interest of the Association due to his act of indiscipline, flouting of the rules and regulations of the Association, criminal activities, moral turpitude or any other kind of misconduct, the Executive Committee may decide to place such member under suspension pending completion of necessary enquiries against him. In such cases, the General Secretary will issue a Show Cause Notice to the concerned member and on receipt of the reply received from the concerned member, he will place a report before the Executive Committee for consideration of the matter. In case the concerned member does not submit any reply to the said Show Cause Notice and/or if the reply received from the concerned member is found to be not satisfactory, the Executive Committee may exercise its power to remove such a member from the Membership Roll of the Association.
Article No. 13: RE-ADMISSION
Any person, who has resigned or has been removed or suspended from the membership of the Association, may at any time be re-admitted as member at the discretion of the Executive Committee subject to submission of fresh application by the concerned person and on payment of the arrear subscriptions, if any, in full.
Article No. 14: MANAGEMENT
a) Executive Committee
The affairs of SYLHETI SAMMELAN, GUWAHATI shall be controlled and managed by an Executive Committee consisting of:
i) President
ii)Working President
iii)Three Vice Presidents
iv) General Secretary
v)Joint Secretary
vi)Organising Secretary
vii)Cultural Secretary
viii) Assistant General Secretary
ix)Assistant Cultural Secretary
x) Treasurer
xi) Assistant Treasurer
xii) Twelve Executive Committee Members
b) Office Bearers and Executive Committee Members
14 (b).1The President, Working President, Vice Presidents, General Secretary, Joint Secretary, Organising Secretary, Cultural Secretary, Assistant General Secretary, Assistant Cultural Secretary, Treasurer and Assistant Treasurer shall be called the office bearers of the Association.
14 (b).2All the aforementioned office bearers of the Executive Committee as stated against Article 14(a)(i) to 14(a)(xi) above shall be elected by the General Body of the Association once in every 3(three) years.
14 (b).3All other 12 (twelve) members in the Executive Committee as stated against Article 14(a)(xii) above shall be co-opted by the President in consultation with the elected office bearers and the opinion of the majority of the office bearers shall be considered binding and final in the matter. The total strength of the members of the Executive Committee including the office bearers shall not exceed 25 (twenty five) for the present.
14 (b).4The Members of the Executive Committee including the office bearers shall hold their offices ordinarily for a period of 3(three) years or until their successors are elected and assume office.
14 (b).5The office bearers and all other members of the Executive Committee shall be elected/co-opted from the eligible Life and General members who have obtained the membership of the Association. Patron members shall exercise their voting rights in the election but they themselves shall not be eligible to be elected in the Executive Committee in any capacity. Honorary members shall neither enjoy any voting rights nor shall they be eligible to be elected in the Executive Committee in any capacity.
14 (b).6The tenure of the members in the ad-hoc Executive Committee the list of which has been submitted along with the Memorandum of Association to the Registrar of Societies shall be deemed to have expired immediately after the first Annual General Meeting of the Association is concluded. The first Annual General Meeting of the Association would be held immediately after obtaining the Registration Certificate from the Registrar of Co-operative Societies, Guwahati and a new Executive Committee shall be formed thereupon by the members and the newly formed Executive Committee will hold office for a period of not less than three years from the date the Executive Committee Members and the office bearers assume their offices.
14 (b).7Retiring Members of the Executive Committee shall be eligible for re-election.
14 (b).8Interim vacancies in the Executive Committee arising out of suspension, removal, dismissal, death or any other reason of any member shall be filled by co-option from among the existing General and Life members at the discretion of the Executive Committee.
Article No. 15: MEETINGS OF THE EXECUTIVE COMMITTEE AND ITS POWERS
15.1The Executive Committee is competent to undertake and discharge all the functions and activities incidental to and for the attainment of the aims and objectives of this Association, set forth in the Memorandum of Association.
15.2The Executive Committee shall meet once in two months or at more frequent intervals as may be necessary with specific agenda items to be circulated at least seven days in advance for discussion in the meetings.
Article No. 16: FUNCTIONS OF THE EXECUTIVE COMMITTEE
16.1The Executive Committee shall have powers to acquire suitable accommodation on lease/rent at any place within greater Guwahati for housing the office of the Association and running its activities. The Executive Committee shall also have the powers to purchase vacant plot of land or ready built building/flat in greater Guwahati area for the following purposes.