THE
CONSTITUTION OF
THE OUTER
SERAJ SOCIAL WELFARE
ASSOCIATION
ANNI KULLU
DISTRICT KULLU
H.P.
The constitution is unanimously adopted by the Outer
Seraj Social Welfare Anni Association Kullu District Kullu H.P. on 22-09-2013
vide resolution of even date and it came into force with effect from the date
of its adoption.
CONTENTS
PROLOGUE
ARTICLE -1 OBJECTIVES AND FUNCTIONS OF THE ASSOCIATION 2
ARTICLE -2 JIRISDICTION 5
ARTICLE -3 HEAD OFFICE 5
ARTICLE -4 MEMBERSHIP 5
ARTICLE – 5 ADMISSION TO MEMBERSHIP 6
ARTICLE -6 ANNUAL MEMBERSHIP 7
ARTICLE -7 CESSATION OF MEMBERSHIP 9
ARTICLE -8 GENRAL MEETING 11
ARTICLE -9 ROCEDURE AT A GENERAL MEETING 13
ARTICLE -10 EXECUTIVE BODY 14
ARTICLE –
11 ELECTIONS OF THE OFFICE BEARERS 17
ARTICLE -12 ELECTION PROCESS AND PROCEDURE 18
ARTICLE -13 MINUTES OF THE MEETING 22
ARTICLE -14 SOURE OF INCOME 23
ARTICLE -15 AMENDMENTS 23
PROLOGUE
The need to have a written
constitution had long been felt by almost all the members of The Outer Seraj
Welfare Association Anni Kullu. The different Executive Bodies elected by the
Association also experienced unforeseen difficulties in meeting varied
situations arising in the conduct of the affairs of the Association in an
orderly, smooth, open and effective manner was the need of the hour. It was in
the background of this scenario that on the 22nd day of Sept. 2013.
he Outer Seraj Welfare Association, Kullu in its General Body meeting held
under the chairmanship of Mr. K.L. Sharma unanimously resolved that a committee
be constituted for drafting the constitution of the Outer Seraj Welfare
Association Anni Kullu. Such a Committee comprising of Mr. Dalip Singh Thakur,
Mr. Subhash Thakur Advocates, Anni Kullu, was constituted in the same meeting.
The said Committee submitted draft of the Constitution prepared by it, to The
Outer Seraj Welfare Association Anni Kullu. After extensive discussion, this
drat constitution is adopted unanimously by the Outer Seraj Welfare AssociationAnni
Kullu on Sunday 22nd September 2013, vide its resolution of even
date. This Constitution came into force with effect from the 22nd
September 2013, the dated of its adoption by the Outer Seraj Welfare
AssociationAnni Kullu District Kullu
H.P.
Article
1. OBJECTIVES AND FUNCTIONS OF THE ASSOCIATION
Objectives and functions of
the association are to promote the Cultural, Educational, Social Health, and
Environmental activities.
1 (a) Cultural Activities : -
To create the cultural
awareness among the new generation and to protect the prevailing traditional
customary functions for this purpose to take the NGOs and panchayat in
confidence and take help of them as well.
1 (b) Educational Activities: -
To promote educational
activities among the illiterate peoples of villages and poor children whose
parents are unable to provide education to their children for this purpose to
arrange fee and books for the poor children.
1 (c) Social Activities : -
To crate awareness about the
social evils among the peoples due to which the social development of the
village or area is obstructed and take necessary steps towards these evils.
1 (d) Health: -
To create awareness about the
health among the people as well as among the new generation and give health
education to the people most particularly on the AIDS, and to provide medicines
to the peoples for this purpose to take help of the doctors on arrangement of
camps in the remote area of the Seraj.
Article
1.4 SOURCE OF INCOME
i.
Contribution by members,
ii.
Financial assistance from the State and Central
Government.
iii.
Financial assistance by Donators and other
organization.
iv.
The amount shall be utilized for the welfare of
backward, down trodden and assistance to the poor student and medical
assistance to the poor people.
Article
1.5 AMMENDMENTS
i.
The Association may amend the Constitution or any part
thereof by way of a special Resolution passed by majority of the members
present and voting in a general meeting of the Association but such majority
shall not be less than 60% of the members of the Association as entered in the
Register who are eligible to caste their vote.
ii.
The motion for amendment of the Constitution or any
part thereof has to be moved by at least 10 members of the Association and the
Executive Body shall cause such motion or a copy thereof to be displayed on the
Notice Board and special General Meeting to consider the motion of amendment
shall not take place unless a period of 30 days has expired between the date of
such display on the Notice Board and the meeting.
1 (e) Environmental Activities:
In this modern ear the most
prominent need in the field of environment is to protect the environment from
pollution. Save the forests from fire, smugglers and in this regard to do the
plantation on the barren land and reward the activists for saving the forests
or environment.
1 (f) Generally to do all such things as may in the
opinion of The Outer Seraj Welfare Association Kullu be of the benefits to the
Association and its members.
1 (g) To do all such things as are incidental or
conductive to the attainment of the above objects or any of them.
1 (h) To make rules, Byelaws and regulations for
proper and better management of the affairs of the association and to achieve,
regulate, promote its objects.
Article
2 JURISDICTION:
-
The rules, regulations and
objects of this constitution shall extend to the whole territory of District Kullu
Article
3 HEAD
OFICE: -
The head office of the association
shall be at Anni Kullu and Sub Office of the association will be at Anni and
Nirmand.
Article
4 MEMBERSHIP:
-
4.1 Qualification:
Any person can be a member of
the association who agreed with the
terms and objectives of the association.
4.2 Register:
-
The Association will keep and
maintain a register of members that shall include the full name, address,
enrollment number of the concerned association and signatures.
4.3 Membership
not Transferable : -
Membership of the Association
is personal and is not transferable.
4.4 Duties of
members: -
Subject to this constitution
all members are bound to abide by the Rules and decisions made by the
Association from time to time.
4.5 If a member damages and loses any
property of the association, the members shall make good the loss to the
satisfaction of the executive body of the association in case the value of such
property falls below Rs. 2000/- and in case such value exceeds this amount to
the satisfaction of the association.
4.6 The member shall further be liable
to indemnify the Association as per the procedure laid down by this
constitution unless the association waives such claim.
Article
5 ADMISSION
TO MEMBERSHIP: -
5.1 Admission
Procedure: -
5.1 (a) Every application for membership shall
be in the form prescribed and issued by
the Association and shall be accompanied by registration fee Rs. 100/-
5.1 (b) The executive body shall not admit a
person as a member unless: -
i)
It has obtained fro the person such undertaking as are
required by any regulation made pursuant to this constitution.
ii)
He pays the registration fee of Rs. 100/- and annual
membership fee of Rs. 100/-
5.2 A member remains a member until membership
is terminated in accordance with this constitution.
Article
6 ANNUAL
MEMBERSHIP: -
6.1
Annual Membership
Fee: -
6.1 (a) The association shall set annual
membership fees to be paid by the members.
6.1 (b) Annual membership fees are payable in
full annually in advance in respect of each membership of financial year on the
first day of the membership financial year.
6.2 FAILURE
TO PAY THE ANNUAL MEMBERSHIP FEE
6.2 (I) Members whose annual
membership fee or any other amount payable to the association is more than two
months in arrears shall not be entitled to vote at any general meeting or in
any election of the executive body of the association or be eligible to elected
or nominate a member for election to the executive body.
6.2 (II) If any member has failed to pay the
annual membership fee or any other amount payable to the association for a
period of two months after it became due, the General Secretary shall serve
upon that member a notice signed by him requiring the member to pay the annual
membership fee or other amount payable within 14 days of the date of notice.
6.2 (III) The Secretary with the concurrence of the
president may, on a request in writing being made by the defaulting member,
extend the time for compliance with the notice pursuant to rule.
6.2 (IV) For such time and on such conditions (if
any) as the way may deem fit but such extension of time shall be limited to one
month.
Article
7. CESSATION
OF MEMBERSHIP
7.1 Resignation:
-
7.1 (a) Subject to this Constitution, a member
may resign from membership by notice in writing to the Secretary.
7.1 (b) Upon receipt of the resignation notice,
the member’s name may be removed from the register by the Secretary shall
record in the register that the removal of the member’s name was made at the
request of the member, unless:
i.
There are contemplated or pending proceedings against
the member for misconduct or unsatisfactory conduct as envisaged under this
Constitution or in case he is in arrears of annual membership fee or any other
amount payable to the association.
ii.
Any stipulation or condition made by the Association
from time to time (whether before or after the date of the receipt of the
resignation) is not satisfied, in that case the member’s name may only be
removed from the register by a resolution of the Association.
iii.
The name of the member who dies shall be removed from
the register and the Secretary shall record in the register that the member has
died.
7.2 Termination
of the membership: -
7.2 (a) Subject to the constitution, the
association may at any time terminate the membership of a member, if the
member:
i.
Cease to qualify for admission to the membership of
the association.
ii.
Refuses or willfully neglects to comply with the
provisions of the this constitution.
iii.
Engage in conduct which in the opinion of the
association in unbecoming of the member of prejudicial to the association.
iv.
Fails to pay any debt/ annual membership fee due to
the association for a period of three months after the due date for payment or
after extended period under 5,2,3 expires.
v.
The name of any person ceasing to be a member shall be
removed from the register and a note containing reasons for such removal shall
also be made against such an entry of removal.
7.3 Continuing
obligation:
7.3 (a) Termination of membership for any
reason does not affect the liabilities and obligations of a member (whether
they arise under this constitution or otherwise) existing at the date of
termination or which arise or crystallize after that date out of or by reason
of facts or circumstances occurring or a existence at of before that date.
7.3 (b) Without limiting the previous rules,
termination of membership does not relive a member from any obligation to pay
any membership fee payable on or before the date of termination.
7.3 (c) In case the name of a member is removed
from the register by reason of beach of
rule 7.2 (a) (i) supra, he shall to be readmitted unless he pays all the debt/
annual membership fee, the non/ payment of which had entailed his removal.
Article
8 GENERAL
MEETINGS
8.1 Calling General Meetings
a)
The President and in his absence the Senior Vice
President or at least five members of the association may call and requisition
general meeting of the association specifying the agenda they propose for
minimum gap between two successive general meetings shall not be more than
three months.
b)
In relation to annual General Meeting:
i.
An annual general meeting of the association shall be
held each year in addition to the other general meetings and such general
meeting shall be called by the president and in his absence the Senior Vice
President or at least five members of the Association, and
ii.
An annual general meeting of the Association must be
held within one month after the end of the association’s financial year.
8.2 Notice of
General Meetings: -
a) Notice of a general meeting shall
specify:
i.
The date, time and place of the meeting.
ii.
The general nature of the business to be transacted at
the meeting.
Article
9 PROCEDURE
AT A GENERAL MEETING
9.1 Chair of
General Meeting
a) General Meeting shall be chaired by:
i.
The President of Association,
ii.
If the President is not present within 15 minutes
after the scheduled commencement of the meeting or is unable or unwilling to
act, the Senior Vice President; or
iii.
If the President and Senior Vice President are absent
or unwilling to act, the Junior Vice- President; or
iv.
If the President, Senior Vice President and Junior
Vice President are absent or unwilling to act, the senior most member of the
Association with voting rights present in the meeting.
9.2 Voting at
General Meetings
a)
At a meeting a resolution put to the vote of the
meeting is decided on a show of funds unless ballot is demanded before or on
the declaration of result of the show of hands.
b)
If there is an equality of votes on a show of funds or
on a ballot, the chair as a casting vote in addition to the chair’s
deliberative votes as a member.
c)
An objection to the qualification of a voter must be
referred to the chair an decision thereon shall be given by the majority of the
members of the Executive Body present in the meeting.
Article
10 EXECUTIVE
BODY
10.1
There shall be an executive body of the Association
constituted as provide for in this Constitution and the term of such executive
body shall be one year.
10.2
The Executive Body shall consist of the following office
bearers:
i.
Chief Patron,
ii.
President,
iii.
Senior Vice President,
iv.
Vice President
v.
General Secretary
vi.
Joint Secretary
vii.
Treasurer,
viii.
Office Secretary
ix.
Press Secretary,
10.3 Executive
Members:
That
15 members of the association will be elected for the Executive Committee.
10.4 An office bearer may be removed from office
by an ordinary Resolution of the Association provided that majority that passes
such resolution is not less than 50% of the total numbers eligible to vote on
the Register of the Association.
10.5
Duties and Powers of the Executive Body and of the
Office bearers.
a.
The Executive Body of the association shall have the
duty and the power to execute all the resolutions passed and decision s made by
the Association.
b.
The President shall be in charge of all affairs of the
Association and is ex-officio member of
all the committees and Delegations that may be constituted by the Association
from time to time.
c.
The Treasurer shall manage the finances of the
Association as required. he shall prepare Annual Financial Report of the
Association and hand it over to the President before the expiry of the first
week of the election of the Executive Body so that it can be placed for the
consideration of the Association at its Annual General Meeting.
d.
All the finds of the Association shall remain in the
hands of the Treasurer, who shal keep a true and accurate record of all the
money falling into his hands. The treasurer shall deposit and keep such money
in the account of the Association in a well repute Bank but he may keep in this
custody a sum not exceeding Rs. 3000/- (Rupees three thousand only) or such
other amount as may be decided by the
Association from time to time in order to meet the routine expenses.
10.6 The
Secretary Shall:
a. Maintain the Register, by (but not
limited to)
i.
Entering the names of the new members, date of
admission to membership, the business address and such other information as the
Association may from time determine in relation to new members.
ii.
Recording the
date on which a member’s membership ceases and reasons thereof.
b.
Ensure that due notices are issued agendas prepared,
accurate minutes kept of all meetings of the Association and of Committees and
delegations.
c.
Ensure the sending receipt and proper filing of all
correspondence.
d.
Maintain all registers and record of the Association.
Article
11 ELECTION
OF THE OFFICE BEARERS
11.1 Time of election:
The Executive Body of the
Association must be elected in last
working day of September every year in accordance with this constitution.
11.2
Eligibility to vote at an election for the Executive
Body.
A
member is eligible to vote at an election for the Executive Body if such
member:
a.
Is not in arrears of such dues as are covered under
6.2 (a)
b.
Is included in the list of the electors duly prepared
by the Secretary and supplied to the Election Officer by the 20th
day of September or on or before and a copy thereof duly signed by the Election
Officer shall be put on the Notice board of the Association by the Secretary on
the same day.
Article
12 ELECTION
PROCESS AND PROCEDURE: -
A) Election
Officer:
i.
The Association shall appoint an election officer who
shall be responsible for conducting elections to the executive body of the
Association.
ii.
The election process shall be initiated by the
Election Officer in the month of 1st Week of June by the display of
Election Schedule a minimum period of 3
days shall be provided between the date of filing of nomination papers and the
date of withdrawal thereof and a minimum period of 7 days shall be provided
between the date of withdrawal and polling.
iii.
The Secretary, Treasurer, Vice President, Senior Vice
President and president, in that order, shall be individually and collectively
liable to provide the Election officer with the Electrol Roll containing the
names of the members who are entitled to
participate and caste their vote in the elections and such Roll shall be so
provided on or before 20th September
iv.
A nomination of a candidate for election must/
a.
Be in the form issued by the Election Officer and
accompanied by non/refundable nomination fee.
b.
Be signed by not less than two other members eligible
to vote at the election.
c.
Contain the consent of the nominated member.
v.
Members eligible to be at an election may no sign or
then one nomination for one office.
vi.
Members nominated for election may withdraw the
nomination by notice in writing delivered to the Returning Officer within such
time as may be provided by the Election Officer in the Election schedule.
vii.
A vote may be cast only on the ballot paper issued by
the Election Officer.
viii.
All complaints and disputes arising in relation to the
conduct of elections, counting validity of votes cast, etc. shall be made in
writing to the Election officer who shall give his decision thereon in writing
on the spot and such decision shall be final.
ix.
After the ballot is closed, the Election Officer
shall count the votes and a candidate who secures majority of the valid
polled votes shall declared elected.
x.
In case two or more member receive an equal number of
valid votes, the winner shall be decided by draw of lots.
xi.
Election expenses shall be borne by the Association
and the Election Officer shall be entitled to retain the amount received by him
by way of nomination fee but such sum being retained by him shall not exceed
Rs. 1,000/- (Rupees one thousand only) or such
other amount as the Association may fix from time to time and the amount
in excess of the aforesaid sum shall be handed over by him to the Treasurer.
xii.
The non refundable nomination fee for the office of
different officer bears shall be as
follows;
a. The President Rs. 1000/-
b. Senior vice President Rs. 1000/-
c. Vice Presidents Rs. 1000/-
d. General
Secretary Rs.
500/-
e. Joint Secretary Rs. 500/-
f. Treasurer Rs.
500/-
g. Office Secretary Rs. 500/-
h Press Secretary Rs.
500/-
The income and property
of the Association shall be applied solely towards the promotion of the objects
and purpose of the Association is prohibited from making any distribution to
its members, whether in money, property
or in any other way, of any assets belonging to the Association. This does not
prevent the payment of any remuneration of any officer, member, or employee of
the Association for services actually rendered to the Association in execution of such works as are authorized
by the Association and for which expenditure or the funds has been sanctioned.
Further such payment are not prohibited in case the same are being made in good
faith under such welfare schemes as are adopted and approven by the
Association.
Article
1
MINUTES OF THE MEETING
(I)
The President, General Secretary, Treasurer shall be empowered to sanctioned Rs. 10,000/-
in the interest of Association and shall later on get the sanction approved
from the Executive Committee.
(II)
The Sr. Vice President shall excise all powers of President
in absence of the president.
(III)
The Joint Secretary shall exercise the power of General
Secretary in absence of the General Secretary.
Chief
Patron Sh. Shivraj Sharma
President Sh.Yashvardhan Sharma
Senier.Vic
President Sh.Chavinder Sharma
Vic president Sh.Balbir thakur
Sh.Kanvar
chauhan
General
Secretary Sh.Chaman sharma
Joint
Secertary Sh.Devender thakur
Press
Secertary Sh.Bal krishan
Thakur
Cashier Sh.Prem Thakur
Chief
Advisor Sh. Gangaram
Advisor Sh. Mangatram
Rtd.Inspector of police
Advisor Sh.Tikamram
Sh. Rinku
Sharma
Sh.
Raghubirsingh
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