The West Bengal Societies Act-1961
Memorandum of Association Ashok Kumar Ray
1. Name : The Name of the society shall be Bambattala Educational
2. Registered Office : The registered office of the society shall be situated at
Bambattala, Joteram (Naer G.T.Road), Burdwan.
3. Object : The objects for which the society is established are :-
a) To promote sympathy, fellow-feeling and unity among the followers of different faith so as evolve a sense of social and religious tolerance.
b) To establish education centre for all types of Vocational Training for self employment
c) To establish education centre for promoting education in all branches of Arts, Science and Commerce for spreading knowledge and awareness in the society.
d) To accept any gift, grant, donations, subscriptions, fees towards raising any fund for the purpose of society and fulfilling other objectives.
e) To open charitable Blood Donation centers.
f) To observe the birth day of the great men of the country, red letter days etc. in order to create awareness and uplift the morality of the people of society.
g) To do all such other things as may be deemed identical, conducive or necessary to fulfill the obligation to the “Society”
3 (IX) The income of the properties of the “Society whatsoever derive or obtained shall be applied solely towards the promotion of the objectives of the society and portion thereof shall be paid to or divided amongst any of the members by way of profits.
a) The Signatories to the Memorandum of Association shall be first members of the society
b) Any person over 18 years of age, irrespective of castes, creeds or religion and who agrees in writing to be bound by the memorandum of Associations and Rule & Regulations of the society, may be admitted as a member of the society.
2. Membership Subscription
Any person , qualified to be a member by paying an ordinary membership fee per month along with admission fee payable at the time of admission , which shall be determined by the executive committee from time to time , may be admitted as an ordinary member of the society.
3. Cessation of Membership
Any member of the society shall cease to be a member :-
- On his registration from membership by a letter address to the secretary.
- On his becoming insane on insolvent.
- On his conviction of any offence in connection with the formation, promotion , management or conduct of affairs of a society or a body corporate or of any offence involving moral turpitude.
4. Register of Members
The society shall maintain a register of members containing the names, address, and their occupations the date of admission and the date of cessation. The register will be kept open for inspection of the members of the society on requisition.
5. Right of Obligations of Members.
a) Any member has the right to elect and to be elected in any election of the society
b) To submit suggestion for discussion to the executive committee and sub-committee on any matter.
c) To inspect the accounts of the society on appointment with the secretary.
d) To forgo his membership after due information in writing to the executive committee.
e) To pay his subscription within the prescribed time.
f) Default in member shall be allowed for the vote at any meeting.
g) Members shall have one vote each.
6. Covering Body.
Composition, Election, Appointment, Registration / Removal, terms of office of the Executive Committee.
There shall be a covering body consisting of not less than 7 members. The office bearers of G.B. shall comprise of President, Vice-president, secretary, Asst. Secretary, Treasurer and other committee members. The office bearers & other committee members shall be elected at the A.G.M.
The registration and removal of the G.B members noted herein before.
The terms of office of the G.B. shall ordinarily be one/year, unless it is dissolved / terminated early under unforeseen circumstances. After election, the old governing body will continue to function till the new body takes over charge which shall under no circumstance be more than 30 days from the date of election.
7. Termination of Membership
A member of the Executive Committee shall cease a membership if :-
a) He resigns by a letter addressed to the secretary.
b) He absents himself from three consecutive meetings of the executive committee without any leave or without reasonable grounds.
c) He is convicted of any offence in connection with the formation, promotion, management or conduct of affairs of a society or a body corporate or of any offence involving moral turpitude.
8. Terms of Election
All members of the Executive shall retire at the Annual General Meeting every year following their election when the new executive committee and other sub-committee shall be formed.
A meeting of the executive committee shall be held at least once in three months at such time and place the president of the secretary may determine. Any 3 members of the executive committee may requisition the meeting of the meeting of the executive committee and secretary shall summon the same within 7 days & failing which the president or the requisitions may do so provided on business other than that specified in the notice shall be transferred at such meeting.
10. Notice and quorum
7 days notice of the meeting specifying the place, time and the general nature of work and business to be transacted shall be given to every members of the executive committee. Emergency meeting may be called on 24 hours notice.1/3rd members personally present shall constitute a quorum for the meeting and if a quorum is not present within 30 minutes of the time the members present may adjourn the meeting.
11. Procedure of the meeting
The president or in his absence the Vice-President shall preside over all meeting of the executive committee and in their absence the members present shall elect a chairman of the meeting. All questions before the meeting will be decided by a majority of votes each members having one vote. The president or the chairman shall have a 2nd on casting vote, in the addition to his own vote in the case of equality of votes.
12. Power & Duties of the Executive Committee.
The executive committee shall have powers of supervision and conduct over all the affairs of the society and in particulars shall discharge the following duties:-
- To summon the annual general meeting of the society.
- To appoint sub-committee with such power and duties as may be considered necessary in the inverse of the society.
- To accept donation, gift, subscription movable or immovable property for the objects of the society and application for membership.
- To sell, purchase, lease mortgage or otherwise dispose of and deal with all or any part of the property of the society.
- To contract any call show, and competition.
- To keep proper accounts of the society and to open bank account in the name of the society in one or more of the banks.
13. Bank Operation
The banking accounts of the society shall be operated jointly by the secxre4tary and treasurers.
14. Sale custody of funds.
The executive committee of the society shall be responsible for the safe custody of the funds and assets of the society. The funds of the society shall be kept in Banks/ Post office and be invested in any securities as specified u/s 20 of Indian Trust Act. 1882.
15. Book of Accounts, Inspection of Audit.
The book of accounts and other statutory books shall be kept at the registered office of the society and shall be kept open for inspection of the mariners of the society at such time and place and as the executive committee directs on a written request made by any member. The society shall maintain accounts which will be audited annually by a qualified auditor or auditors.
16. Accounting Year
The accounting year of the society shall be from 1st April to 31st March of the following year.
17. General Meeting.
There shall be three kinds of general meeting:-
- Ordinary General meeting b) Annual General meeting and c) Special General meeting.
18. Ordinary General Meeting
The society shall hold an ordinary general meeting as and when necessary. At least 7 to 14 days notice specifying the time, place, day and hour shall be given to every member of the society.
19. Annual General Meeting
To society shall hold an annual general meeting every year and not more than 15 months shall elapse between two successive annual general meetings. At least 14 days notice specifying the time, place day and hours shall be given to every member of the society.
The quorum for transaction of any business in ordinary general meeting and annual general
Meeting shall be 1/3rd of the total number of members present either personally or by proxy.
21. The Business to be transacted at the general meeting shall be:-
a) To confirm the minutes of the last annual general meeting and special general meeting, if any;
b) To adopt with or without modification the report of the working of the society for the previous year ended;
c) To pass audit accounts for the said year;
d) To appoint qualified auditor or auditors;
e) To elect the executive committee members.
22. Special General Meeting.
a) A special general meeting may be convened by the executive committee at any time in view of urgency of the matter. At least 14 days notice shall be given for special general meeting.
b) 2/3rd Members of the society requisitioned such meeting specifying the nature of the business, to be transacted at the meeting. On receipt of such notice the secretary, the requisition shall hold such meeting within 21 days. In default by the secretary, the requisitions shall hold such meeting provided no business other than that specified in the notice shall be transacted.
23. Duties of Office bearers
a) PRESIDENT- (i) shall over all meeting of the society (ii) Take all disciplinary action such as removal, dismissal etc. in consolation with the governing body (iii) advice the secretary in any matter requiring urgent attention (iv) call emergent meeting.
b) VICE-PRESIDENT- Shall assist the president in all affairs of the society. In the absence of the president, they shall have the powers and perform the duties of the president.
c) SECRETARY – (i) Shall convene all meting of the society, (ii) Maintain minutes books of all meeting. (iii) Issue general circulars and notices, (iv) Received all application for membership which shall be placed before the executive committee. (v) Sign on behalf of the society all receipts for all sums received as subscription etc. (vi) sign and give pay order on all bills for payments, (vii) Transact all other business subject to the direction of the executive committee.
d) ASST. SECRETARY- Shall assists the secretary in all respect for smooth running of the society.
e) TREASURER- (i) shall collect and received all sorts of subscription, donation and deposit of money and grants, receipt for money thereof. (ii) Maintain and keep cash book and such other accounts as are necessary.
24. Suits and Legal proceeding – All suits and legal proceeding by or against the society shall be in the name of secretary or the person as shall be appointed by the committee for the occasion.
25. Alteration of Rules and Regulation :- The executive committee shall have powers to make such bye-laws as may be considered necessary in the interest of the society. The rules and regulation may be altered , modified, rescinded or added to only by resolutions passed by the 3/4th majority of the members of the society present at a general meeting.
26. Dissolution:- The Society may be dissolved by a resolution to that effect passed by the 3/4th of the total members of the society at a general meeting. The said meeting shall also decide the manner of disbursement of the funds and assets of the society, if any, after dissolution as per provision of the act.
Certified to be the true copy of Rules and Regulation of the society.