By-laws

By-laws last amended: September 2016

These Bye-laws outline rules or laws established by Shri Dakshin Dakshin Delhi Gujarati Mandal Regd. (“Mandal,” “we,” “us,” or “our”) to regulate itself.

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Membership

Subject to the provisions in sub-clause (d) and (e) of clause (2), the membership will be open to all persons above the age of 18 years and residing in the area of the activity of the Mandal.

Any person desirous of becoming a member of the Mandal shall apply in the prescribed form. The Executive Committee after considering the same may admit them as a member.

Members

There will be the following classes of members viz;

Patrons

Any person paying Rs.10,000 as a donation at a time or such other sum as may be decided from time to time by the Annual General Meeting shall become a patron of the Mandal.

Life Members

Any Member desirous of becoming a life Member shall pay Rs. 2500/- as a donation at a time or such other sum as may be decided from time to time by the Annual General Meeting, shall become a life member of the Mandal on approval of such membership by Executive Committee.

Annual Members

Any person admitted as a member and who pays the annual Subscription as mentioned in clause No.3 is an ordinary member of the Mandal.

Honorary Member

Any Person of social repute or a dignity interested in the aims and objects of the MANDAL may be on the recommendation of the Executive Committee by a resolution passed at the Annual General Meeting, or the Special General Meeting called for the purpose can become an Honorary Member of the Mandal.
The term for an honorary member will be five years, and such honorary members shall not be required to pay an annual subscription. The Honorary member will not have any voting rights. Further, such members will not be more than 5% of the total membership at a time.

Associate Members

Persons interested in the aims or objects of the Mandal are eligible to become a member of the Mandal by paying an association fee as may be determined by the Executive Committee from time to time. The Associate Members will have no voting rights.

Annual Subscription

The annual subscription for membership of the MANDAL will be Rs. 500/-. The Subscription will be payable within four months of the beginning of the accounting year of the Mandal, i.e., up to 31st July. The rate of annual Subscription may be reduced or increased by the General Body of the MANDAL.

Accounting year

The accounting year of the MANDAL would be as per Govt—Financial Year, i.e., 1st April to 31st March.

Funds

The funds of the Mandal will comprise of and be drawn from the following sources:
1. Membership subscription,
2. Gifts and Donations,
3. Advertisements,
4. Corpus Donation,
5. Grants from Govt. or any public body or authority,
6. Fees received from the beneficiaries of the activities of the Mandal.
7. Through such other means as may be decided by the Executive Committee of the Mandal.
The amounts collected from patrons and life members shall form part of the Corpus Fund of the MANDAL and shall not be utilized except with the prior approval of General Body, provided that investment of surplus fund shall be under provision of section 11(5) Income Tax act 1961.
The Mandal must apply the funds, income and property of the society solely towards promoting its objects. None of it may be paid or transferred directly or indirectly to members of the community in any way.

Rights of Members

The members of the Mandal and their spouse shall have the following rights:

To be present and take part at the Annual General Meeting/Special General Meeting of the MANDAL and vote and stand for election.
Each member except the patron, honorary and associate member as mentioned in clauses 2 (d) & (e) will carry a single vote provided that they remain a member in the MANDAL for one entire year.
In the case of Joint membership with a spouse, only one of them will have the right to vote and the right to contest in the election.
To participate in all the activities of the MANDAL as per regulations.
Patron, Honorary and Associate members will be entitled to participate in all the Mandal’s activities except that they will not have any voting right.

Termination of Membership

The Executive Committee may terminate the membership of any member by a majority of not less than two-thirds of the Committee if:
1. the Committee concludes that such member does not support the objects of the Mandal;
2. the Committee concludes that such member has acted in a manner detrimental to the interests and/ or reputation of Mandal; or
3. Such member’s annual membership fee remains unpaid for a period exceeding three calendar months after it becomes due, and notice of the default has been given to the member at any time after the subscription fee is due provided that the Executive Committee may reinstate all the privileges of membership to such a member on payment of all money in arrears if it thinks fit to do so.
Membership of the Mandal is non-transferable. A member may resign from the membership by giving a notice in writing to the Executive Committee.
Any member who shall for any reason cease to be a member shall nevertheless remain liable for and shall pay to the Mandal all sums of money which at the time of ending to be the member may be due from him to the Mandal or for any amount to which any member may become liable.

Annual General Meeting (AGM)

The Annual General Meeting shall be held within six months from the end of the accounting year of the Mandal every year. Those members who have paid their subscription fee per Clause 3 and 7 above on or before 31st March of the preceding year shall be allowed to be present and participate in the Meeting and be entitled to vote at the Meeting or be a candidate for any elective post or otherwise. Subject to clause 6(b), it is further clarified that a member shall be entitled to vote and contest for executive seat only on completion of one full year of his membership.
The President or in his absence the Vice President, or in the absence of both of them, any member of the Executive Committee, elected by the members present in the Meeting, shall preside over the Meeting.
The quorum for the Annual General Meeting shall be one-third of the total number of members entitled to vote. If the quorum is not present for thirty minutes from the time of the Meeting, the same Meeting may be held after that, at the same place to transact business as given in the notice and agenda of the Meeting and will be considered a legally convened meeting.
The notice and Agenda for the AGM will be posted/ electronically communicated 14 days before the meeting date. The notice will specify the date, time, and place of the Meeting. Any member desirous of placing any matter or resolution for consideration of the General Body will give intimation of the same in writing to the Secretary to reach him 11 days before the meeting date. The Secretary will place it before the AGM. The Executive Committee of the Mandal shall have the right to refuse permission to any member to move their resolution if, in their opinion, the same is against the provision of the constitution or the interest of the Mandal.
The Meeting shall not consider proxy, Absentee and Vote by mail in the Annual General Meeting.

The Annual General Meeting will transact the following business:

To consider and pass the Annual Report of the MANDAL.
To consider and pass the Audited Accounts of the MANDAL.
To elect the following office bearers of the Executive of the Mandal:
- President
- Two Vice Presidents (one of whom will be a lady)
- Honorary Secretary
- Two Honorary Joint Secretaries (one of whom will be a lady),
- Honorary Treasurer
- Twelve Members of the Executive Committee.
- To appoint Honorary Auditor.
- To lay down general guidelines for the activities of the MANDAL.
- Any amendment of this constitution or bye-laws or any rules framed thereunder provided that notice of such amendment is given to the members in the Agenda of the Annual General Meeting, and such amendment of the memorandum shall be required to be approved by 2/3 of the majority of members entitled to vote.
- To consider and decide other matters with the permission of the President /Chair.

Special General Meeting

The President on his own, whenever it deems fit or on a written and signed requisition made either by more than half of the number of members of Executive Committee or at least one-third of the total number of members of the MANDAL entitled to vote shall call an extraordinary General Meeting to transact the particular business for which it has been requisitioned. Concurrence of the two-thirds of the members presents and are entitled to vote in this meeting will be necessary to decide the matter. Such a meeting shall be convened within 21 days from the date of receipt of the requisition.

Executive Committee

Election of Executive Committee shall be conducted once in two years to appoint the office bearers of Executive Committee.
Eligibility for the office bearers of the Executive Committee
1. The President should be a member of the Mandal at least for three years and should have been a member of the Executive Committee, at least for two years.
2. The Vice President should be a member of the Mandal and of Executive Committee at least for a period of 2 years.
3. The Honorary Secretary should be a member of the Mandal at least for a period of one year.
4. Before they can become a member of the Executive Committee, they should have been a member of the Mandal for at least one year.
The Executive Committee of the Mandal would consist of 18 members as follows.
1. President
2. Two Vice Presidents (one Gent and one Lady)
3. Honorary Secretary
4. Honorary Joint Secretary (one Gent and one Lady)
5. Honorary Treasurer
6. Twelve Executive Members
The office bearer of Executive Committee shall hold the position for a term of “Two Years.”
After serving for a term, the office bearer of Executive Committee shall be eligible to be reappointed up to a maximum of “two terms”.
Role of office bearers of Executive Committee:
- President
  - The President who will be elected by the General Body shall preside at the Meeting of the Executive Committee and General Body meeting of the Mandal.
  - At the General Body meeting, he may address the members on such subjects as he may deem fit communicate to the Mandal or the Executive Committee such matters and may take suggestions which, in his opinion, tend to promote the aims and objects and increases the usefulness of the MANDAL.
  - He shall perform such other duties as may be incidental to this office. The President shall have the power to spend up to Rs. 2000/- as per budget estimate or such amount as may be approved by the Executive Committee from time to time and shall report the same to the next meeting of the Executive Committee or the Annual General Meeting, whichever is earlier.
  - Any decision taken by the President, which requires the approval of the Executive Committee, shall be submitted for its ratification at the next Meeting held immediately after the date of such decision.
  - In case of an equality of votes, the President shall have a second or casting a vote.
- Vice President
  - In the absence of the President, the Vice-President shall have the powers and perform functions of the President.
- Honorary Secretary
  - Have charge of all correspondence and keep true and accurate minutes of all meetings of the MANDAL, the General or special, Executive and other committees.
  - Prepare the Agenda and give notices to the Members of all the Meetings, prepare annual budget estimates and submit draft Annual Reports with Audited Accounts to the Executive Committee for being presented to the General Body.
  - To keep the records, furniture and other things and articles belonging to the MANDAL.
  - Have the power to incur any expenses not exceeding Rs. 1000/- or as sanctioned by the Executive Committee in the Annual General Meeting from time to time, not exceeding the budget estimates and shall keep the Executive Committee informed of the same.
  - Generally, perform such other duties as are incidental to his office and as may be assigned to him by the General Body or Executive Committee from time to time.
  - In case of the post of Honorary Secretary being vacated during the financial year, the Executive Committee will nominate one of Honorary Joint secretaries or any one member from the Executive Committee to perform the function of the Honorary Secretary till the Secretary’s post is filled up by-election.
- Honorary Joint Secretaries
  - The Honorary joint Secretaries shall perform jointly or severally such functions and duties as may be entrusted to them by the Executive Committee or the Honorary Secretary.
  - In the absence of the Honorary Secretary from his office, the Honorary joint Secretaries shall perform such duties will perform such duties as are performed by the Honorary Secretary.
- Honorary Treasurer
  - The Honorary Treasurer shall maintain the accounts of the Mandal and will realize all Subscription and other dues of the Mandal.
  - He, along with the Honorary Secretary or in his absence with the President, will operate the account of the Mandal in a scheduled Bank.
  - All money and funds of the Mandal, when received by the Treasurer, shall immediately be paid into an account to be opened in the name of the Mandal with any bank or bankers approved by the Executive Committee.
  - He will also get the accounts audited.
  - Keep or cause to be kept proper and up-to-date accounts of the funds of the Mandal and/or all funds connected therewith or in any way controlled by the Mandal in such form and manner as may be prescribed by the Executive Committee.
The outgoing President and Honorary Secretary of the previous Executive Committee will be an ex officio of the Executive Committee if they are not elected to any office.
The Executive Committee so formed may co-opt not more than three additional members to be the members of the Executive Committee. The co-opted members will be considered to be a member of the Executive Committee. While co-opting the members, the Executive Committee will take into consideration that different areas are duly represented.
The Executive Committee would meet at least once in three months. Four meetings shall be held in a year. Any member remaining absent consecutive for three meetings without prior intimation to the Committee will cease to be a member of the Executive Committee. The Honorary Secretary would inform the Executive Committee in this regard and the Executive Committee, after taking note thereof, would fill up the vacancy. Such co-opted members would remain in office till the remaining period and will perform the same duties and have the same rights, and any vacancy in the Executive Committee for any reason whatsoever shall be filled up by the remaining members of the Executive Committee for the remaining term of office.
The Executive Committee may apportion or allot available funds for any one or more of the various objects set out above. However, such apportionment or allotment shall be subject to the ratification by the General Body at the Meeting held immediately after such decision. The Education Funds shall not be allotted, apportioned or spent by the Executive Committee for any specific object other than those approved by the General Body meeting with 2/3 majorities.

Education Committee

Education Committee would be formed separately to work under the direct supervision of the General Body.

It will consist of 7 members viz. 3 i.e., president Honorary Secretary, Honorary Treasurer 3 elected by General Body and one co-opted by the Education Committee on academic grounds.

Before he becomes a member of the Education Committee, a person should have been a member of the Mandal for at least two years.

The activities of the Committee, along with the statement of the audited accounts, will be presented to the Annual General Body.

The functions of the Committee will be as follows:

To assess the educational needs such as scholarship, financial assistance, book requirements etc., for the members of the Mandal.
To suggest ways and means for raising funds for educational activities.
To suggest programs for the intellectual growth of the children of the members of the Mandal.

Notice

The notice for the Meeting of the Executive Committee specifying the time, date and place will be ordinarily sent at least four days before the date of meeting in advance.

Honorary Secretary shall prepare the agenda of the Meeting and give notices to the Members of all the Meetings along with the Agenda.

The President and in his absence the Vice President and in the absence of both of them, any member of the Executive Committee elected out of the members present, will preside over the Meeting. The quorum for the Executive Committee will be one-third of its members. If there is no quorum, the meeting will be held after half an hour at the same place and will transact the specified business.

Business

The Executive Committee shall transact the following business:

To carry on the activities which further the aims and objects of the MANDAL and shall have the powers, which may be necessary or expedient for the purpose.
To approve the proceedings of the previous meetings.
To appoint sub-committee or subcommittees of the Ordinary Members. The Honorary Secretary or in his absence the Honorary Joint Secretaries will be the conveners of sub-committees. The Honorary Treasurer of the MANDAL will be the member of Sub–Committee. Report of Sub – Committee will be placed before the Executive Committee for approval.
To enroll new members and manage the finance of the MANDAL.

The President of the Executive Committees may entrust the work to anybody for attaining the aims and objects of the MANDAL.

Election

The members of the Executive Committee of the MANDAL will be elected at the Annual General Meeting once in two years.

The Election Officers, nominated by the President, will conduct the election in the following manner:

Will note down the names of the candidates, duly proposed and seconded for the post of office bearers or as members of the Executive Committee.
The candidate or his proposer or seconded can send the nomination to the Honorary Secretary, who will hand it over to Election Officer.
No person shall be entitled to hold the same office for more than two terms. This provision will not apply to the member of the Executive Committee other than the officer bearers.
If the number of candidates is more for any elective post than the number of posts available, according to bylaws, the election will be held by secret ballot.
The prior written consent of an absentee for each candidate for any elective post shall be necessary.

Audit of Accounts

Once at least every year, the accounts of the Mandal shall be examined and the correctness of the statement of Receipts and Payments and the Balance Sheet shall be certified by the Chartered Accountant (Auditor).

The members of the Mandal shall appoint the Auditor at the Annual General Meeting held every year. The retiring Auditor shall be eligible for re-appointment.

In case the AGM does not appoint an auditor, the Executive Committee shall appoint the Auditor.

Legal Rights

The Mandal may sue or be sued in the name of President / Secretary as per provisions laid down in section 6 of the Societies Registration Act, as applicable to the Union Territory of Delhi.

Provisions of Societies Registration Act, 1860

All the provisions under the Societies Registration Act, 1860, as applicable to the Union Territory of Delhi, shall apply to the Mandal.

Annual List of Governing Body

The annual list of the Governing Body: Once every year, a list of the office-bearers and members of the Executive Committee shall be filed with the Registrar of the Society – Delhi as required under section 6 of the Societies Registration Act, 1860.

Other amendments

Any Amendment in the Memorandum of Association and/or Bye-Laws will be carried out according to the procedure laid down under sections 12 and 12A of the Societies Registration Act 1860.

Dissolution

If the society needs to be dissolved, it should be dissolved as per the provision laid down under sections 13 and 14 of the Societies Registration Act 1860.