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Chapter 11 - Forms-Clubs and Societies

The document outlines the Memorandum of Association for a Businessmen's Club, detailing its objectives, membership criteria, management structure, and rules regarding member conduct and meetings. It specifies the club's purpose to foster social welfare, provide medical assistance, and promote civic consciousness among members. Additionally, it includes provisions for the club's dissolution and the establishment of a limited company for the club's operations.

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0% found this document useful (0 votes)
63 views35 pages

Chapter 11 - Forms-Clubs and Societies

The document outlines the Memorandum of Association for a Businessmen's Club, detailing its objectives, membership criteria, management structure, and rules regarding member conduct and meetings. It specifies the club's purpose to foster social welfare, provide medical assistance, and promote civic consciousness among members. Additionally, it includes provisions for the club's dissolution and the establishment of a limited company for the club's operations.

Uploaded by

Mallikarjuna
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Memorandum for Businessmen’s Club

(1) The name of the club shall be ……… Businessmen’s Club.


(2) The objects of the club are:
(a) to provide for a common place for meeting of the members of the club for the purposes
of recreation, discussion of common problems, encouragement of thrift, advancement
of social welfare ideas, mutual assistance, protection of interests of the members, etc.;
(b) to provide for instruction and diffusion of knowledge amongst the families of members,
their dependants and employees;
(c) to provide for medical assistance and other relief measures for the members, their
dependants and employees;
(d) to develop civic consciousness, to raise standard of living and to take steps for
development and enactment of appropriate legislation for the interests of the members
and the business community;
(e) and for other objects and purposes which may be conducive to and beneficial for the
members and the business community.
(3) No person other than a businessman shall be eligible to be a member of the club.
(4) The subscribers to this Memorandum of Association shall be the original members of the
club. The total number of members of the club shall not exceed 200 unless in a special general
meeting the number is altered by a three-fourth majority of the members present.
(5) There shall be a committee of management consisting of seven members (besides
Chairman, Secretary and Treasurer) elected at the annual general meeting of the club to be held
in the month of April each year or as early as possible thereafter. Three members of the
committee shall retire every year voluntarily or by lot. There shall be elected also a chairman, a
secretary and a treasurer respectively at the annual general meeting after the election of the
members of the managing committee who shall hold office till the termination of the next annual
general meeting at which the office-bearers inclusive of the members of the managing committee
have been elected for the next ensuing year. The property of the club shall vest in the managing
committee and in the event of any member of such committee dying or having been expelled or
having become incapable of acting the said properties of the club shall continue to vest in the
remaining members of the managing committee which may include also any member annually
added thereto.
(6) No new member shall be elected unless he has deposited a proposal fee of Rs. ………
and subscription for the first three months. This deposit shall be known as proposal fee which
shall belong absolutely to the club irrespective of the fact whether the proposed candidate has
been elected or not. In the event of the proposed candidate not being elected the subscription
aforementioned shall be returned to him and he will not be eligible for being elected till the expiry
of six months from the date of such rejection of his proposal for election. No new deposit,
however, will be required to be made by him if he seeks election at a subsequent time. A member
shall be deemed to be duly elected if three-fourths of the members present vote in his favour for
election. A person who has ceased to be a member and desires to be re-admitted to the club as a
member may be so admitted by deposit of any proposal fee provided he had not been expelled
from the club and provided there is no objection to his readmission by one-fourth of the total
number of members of the club who signify their dissent to his re-admission in writing.
Candidates for admission must be proposed by one member and seconded by another, and the
name of the candidate in full with his address shall be inserted in the candidate’s book, and
placed in some conspicuous part of the club for 14 days. The election of the member shall be by
ballot.
(7) There shall be payable by each member a monthly subscription of Rs. ……… which is
subject to alteration in an annual general meeting at which at least three-fourths majority must be
more than one-half of the total number of members of the club.
(8) A member may resign in writing at any time and his resignation shall take effect
immediately but without prejudice to any liability or obligation incurred by him theretofore while he
was a member. He shall cease to have any interest in the property of the club or exercise any
rights in respect thereto at such resignation submitted by him in writing to the secretary.
(9) If the conduct of any member either in or out of the club houses shall in the opinion of the
committee or of any 21 members of the club who shall certify the same in writing, be injurious to
the character, reputation and interests of the club or who is alleged to be guilty of any
dishonourable or disreputable conduct in his dealings with a member of the club, the committee
after such enquiry as may be necessary and after giving opportunity to the member concerned to
explain his conduct in writing, shall be empowered to request such member to resign, and if such
member shall not resign within one month, the committee shall order his name to be erased from
the list of members, and he shall cease to be a member; provided that no such request be sent to
any member unless the resolution to send the same be agreed to by two-thirds of the committee
actually present at a meeting convened for the purpose: provided also that in such meeting of the
committee it is unanimously resolved that immediate expulsion of the member whose conduct in
question be advisable the committee shall be empowered forthwith to expel such member, should
it, however, be the opinion of any 21 members that the case of the members so expelled might be
reconsidered without damage to the club, the committee shall call an extraordinary general
meeting, to which the matters shall be submitted, such meeting to consist of at least two-thirds of
the total number of members of the club, and if a majority of not less than three-fourths of such
meeting shall agree to the reinstatement of that member he shall be reinstated. Any member
expelled from the club shall be deemed to have forfeited his proposal fee and subscription, and
shall subject to the above provisions, be for ever after ineligible for re-election. The rules of
natural justice demand that a man is not to be removed from office or membership or otherwise
dealt with to his disadvantage without having a fair and sufficient notice of what is alleged against
him and an opportunity of making his defence; and that the decision whatever it is must be
arrived at in good faith with a view to the common interest of the society or institution concerned.
If these conditions are satisfied a Court of Justice will not interfere with the decision.
The expression ‘dishonourable’ or ‘disreputable’ conduct shall include:
(a) wilful and intentional non-fulfilment of contract, or fraudulent and flagrant breach of
contract;
(b) frivolous repudiation of contract;
(c) refusal to refer any question in dispute to arbitration or to abide by an arbitration or
appeal award, unless arbitration is specifically excluded by the contract.
(10) The club shall be opened to the members between 6 p.m. and mid-night every day unless
otherwise determined in a special general meeting. A member of the committee (including the
chairman, secretary and the treasurer), however, shall be entitled to visit the club premises at any
hour of the day and inspect any place, book or article at all reasonable hours.
(11) There shall be an annual general meeting of the members to be held in April or as early
as possible thereafter in each year at which the member of the committee and the officers of the
club shall be elected, the accounts shall be passed and other agenda as proposed by the
committee or by any seven members after a previous notification thereof for at least fourteen
days shall be taken into consideration and adopted as required. The account shall be audited
annually and the annual balance-sheet shall be submitted to the members at least fourteen days
before the said annual general meeting.
(12) The management of the affairs of the club shall be in the discretion of the committee
inclusive of the said office-bearers whereof the chairman of the club shall preside if present and in
his absence a member of the committee as proposed, seconded and assented to by the majority
of the members present shall preside. The committee shall be entitled to hold extraordinary of
special general meetings from time to time as the committee may think fit. The extraordinary
general meeting may be required to be held by 21 members of the club and special general
meeting may be called by the chairman as and when necessary. The members of the committee
may also call an extraordinary general meeting by directing the secretary to issue the notices
therefor. No extraordinary general meeting shall be called without seven days’ previous notice
therefor. A special general meeting may be called by the chairman after a two days’ notice
therefor. The notices shall be sent per peon or under a certificate of posting, by post to the
members at the address given to the secretary therefor.
(13) A member shall be entitled to invite not more than two guests at the premises of the club
but such guests shall not be entitled to be present at any general special or extraordinary meeting
of the members or of the meeting of the committee. No expelled member shall be invited as a
guest into the club nor shall such a guest be allowed to remain in the club if more than 21
members desire his eviction from the premises of the club.
(14) The members shall not be liable personally for goods supplied to or obligation incurred by
any officer of the club on behalf of the club but the property of the club shall be liable to meet
such debt or obligation in the hands of the managing committee. The managing committee shall
be entitled to sue and be sued in the name of the club provided the rules relating thereto
embodied in the Code of Civil Procedure regarding such matters are complied with.
(15) The aforementioned rules shall be liable to alteration by a majority of three-fourths of the
members present in a meeting specially convened therefor whether in the extraordinary or special
general meeting or whether embodied in the agenda for the annual general meeting provided,
however, that a majority of the total number of members of the club adopt the said alteration. The
managing committee is empowered to frame bye-laws for the conduct of the proceedings and
affairs of the club or as may be conducive to the fulfilment of objects of the club and are in
conformity and not in conflict with the rules aforementioned.
(16) On the dissolution of the club the properties of the club shall be transferred to such other
club or association or party as may be determined by the members at the meeting where the
resolution of dissolution is passed, provided that such a resolution shall not take effect unless
confirmed by another meeting of the members held after 21 days of the prior resolution for
dissolution and disposal of the properties of the club.

* * * *

Memorandum of Association of the …… Club Ltd.


(Limited Club)

1. The name of the Company shall be “THE ……… CLUB LIMITED”.


2. The Registered Office of the Company shall be situated in West Bengal.
3. The objects for which the Company is established are:
(a) to provide facilities for games, sports and pastimes in the neighbourhood of and to
afford to its members all the usual privileges, advantages, conveniences and
accommodation of a residential Club;
(b) to take over the effects and liabilities of the present unin-corporated Association, known
as the ……… including its outstanding debts;
(c) from time to time to borrow or raise moneys which may be required for the purpose of
the Club upon Bonds, Debentures, Bills of Exchange, Promissory Notes or other
obligations or securities of the Company or by mortgage or charge of the Company’s
property, including its uncalled Capital (if any), and the amount guaranteed by the
members of the Company for the time being, as mentioned in the fourth clause hereof;
(d) to purchase, take on lease or hire or otherwise acquire, any movable or immovable
property, or any right, or privileges necessary or convenient for the purposes of the
Club;
(e) to lay out and prepare, adopt, and improve any lands, for the purpose of riding, holding,
horse and other shows, horse racing, shooting, playing golf, tennis, croquet or other
sports or games thereon, or for any kind of athletic sports, entertainment, amusements
or recreations and to construct, alter, keep in repair houses, pavilions, refreshment
rooms, stables and other buildings erections and conveniences whether of a
permanent or temporary nature which may seem directly or indirectly conducive to the
Company’s objects, and to pull down or demolish, sell, or otherwise dispose of, any
buildings or erections not so required;
(f) to invest the money of the Company, not immediately required, in such securities as
may from time to time, be determined by the Committee including any Debentures
issued by the Company;
(g) to sell, improve, manage, develop, lease, mortgage, dispose of or otherwise deal with
all or any part of the property of the Company with power especially to sell, deal in, and
distribute all kinds of apparatus required for any game, sport or pastime, and all kinds
of provisions, wines, spirits, tobacco and other stores among Members and Honorary
or Temporary Members, for consumption either inside or outside the premises
belonging to or used by the Club, and to give and contribute towards prizes, cups,
medals, stakes and other rewards whether competed for by members or others;
(h) to subscribe to, become a member of or otherwise co-operate with any other
Association, whether incorporated or not, whose objects are altogether or in part similar
to those of this Company;
(i) to remunerate any person or Company for services rendered, or to be rendered, in
placing or assisting to place or guaranteeing the placing of any Debentures or other
Securities of the Company;
(j) to do all or any of the above things through trustees, agents or otherwise, and either
alone, or in conjunction with others;
(k) generally to do all such other things as are incidental or conducive to the attainment of
the above objects.
4. Every member of the Company undertakes to contribute to the assets of the Company in
the event of it being wound up during the time that he is a member, or within one year afterwards
for payment of the debts and liabilities of the Company contracted before the time at which he
ceases to be a member, and of the costs, charges, and expenses of winding up the same, and for
the adjustment of the rights of the contributories amongst themselves, such amount as may be
required not exceeding Rs. ……… .
5. If upon the winding up or dissolution of the Company, there remains after the satisfaction of
all debts and liabilities, any property whatsoever the same shall be paid to or distributed among
the members of the Company, in equal shares.
WE, the several persons whose names and addresses are subscribed are desirous of being
formed into a Company in pursuance of this Memorandum of Association.
Names, addresses & descriptions
of subscribers
Names, addresses & descriptions
of witnesses
Dated this .…… day of ….… 2000

* * * *
Model Bye-laws of a Club
1. Guests. Non-members, other than permanent Guests, may be admitted to the Club premises
only when accompanied by a Member or his permanent Guest. The Committee reserves the right
to check all persons entering the Club premises to ensure that only Members and their genuine
guests are admitted.
A Visitors’ Book is kept in the main Entrance Hall of the Club House in which, in order to
comply with the Excise regulations members are requested to enter the names of their guests
other than golfing and tennis guests, for whom separate books are provided.
Members introducing guests are responsible for all charges incurred on their account. Any
individual, particularly a resident of Calcutta should not normally be introduced as a guest more
than six times in a year.
Members’ dependent children upto the age of 21 years only may use their membership;
special application to be made in respect of their children between the ages of 21/23 years.
Beyond the age of 23 years, members’ children must conform to guest rules.
2. Children. Members or their permanent Guests bringing children to the Club premises are
particularly requested to see that they do not interfere with the convenience of other members.
Ayahs are not allowed on the gravelled area or on the Tea Lawn, other than in the children’s
playground.
On Race mornings and afternoons, only those children who are accompanied by their own
parents may use the precincts of the Club other than the children’s playground.
3. Dogs. Dogs must be kept under proper control, and when within the precincts of the Club
House they must be on a leash. Dogs may not be taken into any of the Club buildings.
Any dog in the neighbourhood of the Club House which barks or otherwise causes annoyance
to members must be sent to the garage in charge of a dog boy.
Dogs brought into the Club compound on track must be under control at all times and when in
the vicinity of the Race Course they must be on a lease.
On Race mornings and afternoons they may not be brought into the Club Grounds even in
cars.
4. Closing hours. The Club House will be closed at 8 p.m. on week days and 10 p.m. on
Saturdays, Sundays and Public Holidays or at such times as the Committee may decide.
5. Motor Cars. Are not allowed to stand in the porch or in the roadway near the Club House,
on Saturdays, Sundays and Public Holidays.
Members are requested to assist the Committee by ensuring that their cars are parked
between the white lines in the covered garage area or the parking spaces defined in the
uncovered area to the North of the new tennis courts. Under no circumstances may cars be
parked along the verges of the ‘IN’ and ‘OUT’ roads.
The route to the Garage it via the Club House. Cars or other vehicles may not be driven direct
to the garage from the main Entrance Gate except on Race Afternoons and on track mornings.
Members are requested to see that their cars are driven slowly inside the Club Grounds and
they do not interfere with golfers when passing in front of the 13th tee. Horns should not be
sounded within the Club Grounds.
6. Transistors & Radios may not be played in the vicinity of the Club House. Music is
available in A.C. Bars over weekends and holidays.
7. Tipping of any Club Staff is strictly forbidden except only when an individual is employed as
a Caddy. Appreciation of service may be shown by a contribution to the Gratuity Fund for which a
book is maintained by the Club Stewards.
8. Complaints should be addressed to the Managing Member in writing or entered in a book
which is kept for that purpose in the lounge.
9. Suggestions. Constructive suggestions are welcomed, and may be entered in
‘SUGGESTION BOOK’ which is kept in the lounge.

GOLF

1. Caddies. Caddies must be engaged through the Caddy Master, and the Caddies’
Engagement Register must be signed before commencement of play or practice.
2. Payment due to caddies must, in all cases, be made by cash.
3. The employment of Forecaddies is permitted except where expressly disallowed, e.g. when
playing in competition.
4. A match between a member and a playing caddy has the same standing on the course
as other Two-Ball Matches.
5. Starting sheet. Matches will start in the order written on the Starting Sheet.
A match may not be entered on the Starting Sheet until two players in the match are within the
Club premises, except as provided for under Bye-laws 6 hereunder.
6. Booking of times. Starting times for Saturdays, Sundays and holidays will be allotted, and
Members may apply for times on those days not more than 14 days before the day of play. All
timings for competitions will be allotted.
Applications for starting times must specify the names of the players in the match. Where a
guest is one of a match, his name and the designation ‘GUEST’ must be entered on the slip.
7. Allotment of times. The allotment of times in the case of Three and Four Ball matches,
Fixed matches, will be subject to the limits laid down from time to time by the Committee. This
chart will be posted on the Club Notice Board and Members will be notified of changes
periodically when they occur.
8. Forward times. Subject to Bye-law 9 hereunder, any match may start at the 8th or any
subsequent Tee, provided that the following match has not reached the preceding Tee. A forward
booking may be made at the 1st Tee—But only for alternate times—on the Starting Sheet and, if
ready to start at such times on the 1st Tee, such match will be entitled to play. Under no
circumstances are three or four-ball matches, mixed matches and mixed foursomes permitted to
commence play outside the times laid down by the Committee.
9. Cutting in. Members may not at any time cut in unless there is a clear hole behind them;
for example, no match may start from the 8th Tee when there are players on the 7th hole or when
players have moved off the 6th green. Similarly, no match may start from the 11th, 12th, 13th,
15th or 17th Tees when the next following match has left the 9th, 10th, 11th, 13th or 15th green
respectively.
10. Shamianas. Players must leave the shamianas and be on the Tees at the 5th and 15th
holes before the match ahead has left the green, and be on the 10th tee before the match ahead
has played a second shot.
11. Golfing guest. Members may introduce, as Golfing Guests, visitors to, or residents of
Calcutta, provided that no resident non-Member shall be introduced on more than six occasions
in one calendar year in all, irrespective of the Members introducing him. Guests must play either
with their introducer or his Permanent Guest.
Names of guests must be entered in the Guest Book in the 18th Bar prior to commencing a
round.
12. Green Fees. Green Fees will be charged to Members of Golfing Guest introduced by
them or playing with the Permanent Guest as follows:

On Saturdays
Sundays and
Holidays Other days

Gentlemen …… Rs. …… Rs.


Ladies …… Rs. …… Rs.
Visiting Members …… Rs. …… Rs.

13. 18th Shamiana Bar. Ladies are not permitted in this Bar before 1 p.m. on Sundays and
Holidays.
14. Dogs. Dogs, if brought on the course, must be kept under control. Dogs are not allowed
to be brought into the Club compound on Race days.
15. Closure of Course. The gold course, or any part thereof, may be closed, owing to
weather conditions at the discretion of the Managing Member or a Member of the Golf Sub-
Committee.

CATERING
1. Breakfast, Lunch, Tea and Supper are served daily on demand, according to the standard
menu. Members are asked to give 24 hours’ notice of any special menus, lunch parties, etc.
Except for Club evenings and special dinner parties booked in advance, the kitchen will normally
be closed at 9 p.m.
2. Large and small Cakes, Shortbreak, Club Biscuits and Fudge may be purchased from the
Club Bakery on giving 24 hours’ notice.
Sausages, Bacon, Pate and other items can also be obtained from the Club Deep Freeze.
3. Members may not have picnics within the Club grounds without the previous sanction of the
Managing Member.
4. The Club House and/or the Air Conditioned Bars may be engaged by Members for private
parties.
5. Under Excise Regulations, children under the age of 18 years are not permitted in the A.C.
Bar.

TENNIS
1. Booking. A member desiring to reserve a court or to book the marker should either enter
his name personally in the book kept for that purpose, or apply by letter or telephone ............... A
chart of bookings made will be displayed each day in the tennis court area, and this may be
referred to by all players.
Courts may be reserved not more than 14 days in advance, and it is helpful if 24 hours’ clear
notice of bookings is given.
2. Cancellations. If a court has been booked and is not required it will be charged for unless
(a) notice of cancellation is received 24 hours before the time for which it has been booked, or (b)
the court is used by some one else, or (c) it is closed under Bye-law 3 below.
Cancellation of Tennis Courts in the book must be initialled by the Member who booked the
court.
3. Closing of Courts. The Courts may be closed on any day or days at the discretion of the
Managing Member or a Member of the Tennis Sub-Committee.
4. Tennis Balls. Members must make their own arrangements for Tennis Balls, which are also
available for purchase at the Club Shop.
5. Tennis Guests. A fee of Rs. 3 will be charged to members for each guest introduced by
them or playing with their Permanent Guest.
6. Signing. Members are asked to ensure that they sign for their guests, marker, ball boys,
before vacating the court.

SWIMMING BATH
1. Hours. The Swimming Bath is open daily from 6-30 a.m. to 8 p.m. except only for annual
painting in January/February.
2. Children using the Swimming Pool must be accompanied at all times by either a Member
or Permanent Guest and under no circumstances should be left unattended in the Swimming
Pool where, if not under control, they can be in danger of injury or cause nuisance to other
Members.
3. Towels. Bath Towels are provided by the Club. They should on no account be removed
from the area of the Pool and Changing Rooms.
4. Servants. No servants are allowed inside the Swimming Bath premises other than Club
attendants.
5. Dogs. Dogs are not allowed within the precincts of the Swimming Bath under any
conditions whatever.

ACCOMMODATION
1. Reservation. Booking of the Club Suites may be made through the Head Steward at the
Club.
2. Charges. The rates for the Air-Conditioned room with attached bath have been kept
intentionally low, currently @ Rs. 40 per day for Permanent Members and Rs. 70 per day for
Reciprocal and Temporary Members. These charges cover electricity and service, with additional
Rs. 10 for a third occupant in any room.
3. Duration. Two Suites are available for extended occupation by firms, whilst the others are
intended for reservation for short periods. No member may normally occupy for more than 10
days at a stretch unless there is no pending booking for the room.
4. Accounts. Bills in respect of occupants will be submitted weekly for payment on
presentation.
5. General. Residents at the Club are particularly requested to abide by all Rules and
covenants pertaining to …………… CLUB.
Hacking—Bridle Path
MEMBERS and their guests are requested to refer to the Sketch Map posted on the Club Notice
Boards. When using the Bridle Path they are requested to give right of way to golfers when
crossing any fairway or approaching any tee.

Constitution of a Rotary Club


ARTICLE I
Name
The name of this organisation shall be ……………… of ……………
…………………………………………

ARTICLE II
Territorial Limits
The territorial limits of this club shall be as follows.
*** *** ***

ARTICLE III
Object
The object of Rotary is to encourage and foster the ideal of service as a basis of worthy
enterprise and, in particular, to encourage and foster:
First: The development of acquaintance as an opportunity for service;
Second: High ethical standards in business and professions; the recognition of the worthiness
of all useful occupations; and the dignifying by each Rotarian of his occupation as an opportunity
to serve society;
Third: The application of the ideal of service by every Rotarian to his personal, business and
community life;
Fourth: The advancement of international understanding, goodwill and peace through a world
fellowship of business and professional men united in the ideal of service.

ARTICLE IV
Meetings
Section 1. This club shall meet regularly once each week on the day and at the time provided
in the bye-laws, provided that in an emergency, or for good cause, the BOARD OF DIRECTORS
of the club may change the regular meeting of any week to a different day of the same week or to
a different hour of the regular day, or to a different place, or cancel the regular meeting of any
week when it falls on a legal holiday, or because of the death of the club President or an epidemic
or a disaster affecting the entire community.

Section 2. An annual meeting for the election of officers of this club shall be held not later
than the thirty-first day of March in each year as provided in the bye-laws of this club.

Article V
Membership
Section 1. Kinds. There are four kinds of membership, namely, active; senior active; past
service and honorary.

Section 2. Active membership. Each active member shall be an adult male person of good
character and good business or professional reputation—
(a) engaged as proprietor, partner, corporate officer, or manager of any worthy and
recognized business or profession; or
(b) holding an important position in an executive capacity with discretionary authority in any
worthy and recognized business or profession; or
(c) acting as the local agent or branch representative of any worthy and recognized
business or profession, having charge of such agency or branch in an executive
capacity; and
personally and actively engaged in the business or profession in which he is classified in the club
and having his place of business or residence located within the territorial limits of the club,
except as otherwise provided in Article 7, section 2A of this Constitution.

Section 3. Classifications. (a) Each active member of this club shall be classified in
accordance with his business or profession.
(b) The classification of each active member will be that which covers the principal and
recognized activity of the firm, company or institution with which he is connected, or if he be
independently engaged in a business or profession his classification shall be that which covers
his principal and recognized business or professional activity.
(c) How corrected. The Board, in its discretion, may correct or adjust the classification of any
member, whose membership has not terminated, if the circumstances warrant such action. Due
notice of such proposed correction or adjustment shall be given to the member and he shall be
allowed a hearing thereon.
Section 4. Limitation. The active membership shall consist of but one man from each
classification of business or profession, excepting the newspaper and religion classifications, and
excepting the provision for additional active members as provided in sections 5 and 6 of this
Article.
Section 5. Additional active member. (a) Any active member of this club may propose for and
the club may elect to active membership one additional man from the concern or establishment
with which the proposer is connected, whose classification shall be the same as that of the
proposer. The qualifications of such additional member shall be those required for active
membership. An additional active member is in all respects an active member except that the
membership of an additional active member elected under the foregoing provisions of this section
shall automatically terminate with the termination of the active membership of the active member
who proposed him.
(b) The club may, subject to the approval of the holder of the classification, elect to additional
active membership in the club any former active member of a Rotary Club whose place of
business whereat he is actively engaged in within the territorial limits of the club and who
otherwise qualified for membership, provided—
(1) that there shall, in no case, be more than one additional active member elected under
this paragraph of this section in respect of any one classification,
(2) that any member so elected shall have terminated membership of his former club only
because he ceased to be actively engaged within the territorial limits of that club in the
classification of business or profession under which he was classified in that club, and
(3) that an additional active member elected under this paragraph of this section shall cease
to be a member when the classification becomes vacant, provided that when the
classification is again filled, he may [without prejudice to the right of the holder of
the classification to propose an additional active member under para (a) of this section]
then be re-elected.

Section 6. Religion and newspaper classifications. Representatives of more than one


denomination and of more than one newspaper published within the territorial limits of this club
may be eligible to active membership under the same classifications, provided that they otherwise
possess the qualifications for active membership.

Section 7. Public office holder. Persons elected or appointed to public office for a specified
time only shall not be eligible to active membership in this club under the classification of such
office. This shall not apply to persons holding a position or office in schools, colleges or other
institutions of learning.
An active member of this club who is elected or appointed to public office for a specified period
may during the period in which he holds such office continue as such active member in the club
under the classification represented by him in the club immediately prior to such election or
appointment.

Section 8. Local preference. No man engaged as the local agent or branch representative of
an outside concern shall be eligible to active membership when a suitable prospective member
may be available whose principal place of business is within the territorial limits of this club.

Section 9. Senior active membership. (a) Any active member of this club—
(1) who has been an active member of this or other clubs for a total of fifteen or more years;
or
(2) who is of the age of sixty or more after having been an active member of one or more
clubs for a total of ten or more years; or
(3) who is of the age of sixty-five or more after having been an active member of one or
more clubs for a total of five or more years; or
(4) who is a present or a past officer of Rotary International; or
Any past service member of this club—
(i) who has been an active member of this club and who, at the time he ceased to be an
active member of this club, had the qualifications for senior active membership as
hereinbefore set forth; or
(ii) who has been an active and past service member of this and/or other clubs for a total of
fifteen or more years; or
(iii) who is a present or past officer of Rotary International shall automatically and forthwith
become a senior active member.
(b) This club may, at its option, elect to senior active membership in this club any former
member of any club, who was a senior active member or was eligible to become senior active
member at the time he ceased to be member of a club, provided such former member resides
within the territorial limits of this club or within the surrounding area.
(c) A senior active member shall have all the rights, privileges and responsibilities of an active
member, except that—
(i) he shall not be considered as representing a classification, and
(ii) he shall not have the right to propose an additional active member.
This club may admit to membership a qualified person in the classification of business or
profession in which such senior active member may be engaged.

Section 10. Past service membership. (a) A former active member of a club whose active
membership was terminated because of his retirement from active business or professional life,
may be elected a past service member in this club provided he has been an active member in
one or more clubs for or more years. Such former member may be elected to past service
membership at the time of, or at any time after, the termination of his active membership,
provided he has all the other qualifications of a past service member. If his retirement from
business or professional life occurs after he has ceased to be a member of a Rotary club, he is
not eligible to past service membership. He must reside and continue to reside within the
territorial limits of this club or within the surrounding area, unless he has been an active member
in this club in which event he may reside and continue to reside in the locality of his residence at
the time he ceased to be an active member in this club.
(b) A past service member shall have the rights, privileges and responsibilities of an active
member except that—
(i) he shall not be considered as representing a classification,
(ii) he may not become a senior active member (except as provided in section 9A of this
Article), and
(iii) he does not have the right to propose an additional active member.

Section 11. Honorary membership. (a) A male person who resides within or who has resided
within the territorial limits of the club and who has distinguished himself by meritorious services in
the furtherance of Rotary ideals there or elsewhere may be elected to honorary membership in
the club.
(b) Honorary members shall be exempt from payment of admission fees and dues, shall have
no vote and shall not be eligible to hold any office in the club; shall have no interest in any
property of the club; shall not be considered as representing a classification, but shall be entitled
to attend all meetings and enjoy all other privileges of the club. No honorary member of this club
is entitled to any rights or privileges in any other club.
ARTICLE VI
Officers and Directors
Section 1. The governing body of this club shall be a Board of Directors to be constituted as
the Bye-laws of the club may provide.

Section 2. Except as herein otherwise specifically provided, the decision of the Board in all
club matters shall be final, subject only to an appeal to the club. The Board shall have general
control over all officers and all committees and may, for good cause, declare any office vacant. It
shall constitute a board of appeal from the rulings of all officers and actions of all committees.
Appeal may be taken from any decision of the Board to the club. On such appeal, the decision
appealed from shall be reversed only by a two-thirds vote of the members present, at a regular
meeting specified by the Board, a quorum being present, notice of such appeal having been
given by the Secretary to all members of the club at least five days previous to such meeting.

Section 3. The officers of this club shall be a President, one or more Vice-Presidents, all of
whom shall be members of the Board, and a Secretary, a Treasurer, and Sergent-at-arms, any or
all of whom may or may not be members of the Board of Directors as the Bye-laws of the club
shall provide.

Section 4. Each officer shall be elected as provided in the Bye-laws of the club and, except as
may otherwise be provided in relation to the President, shall take office on the first day of July
immediately following his election and shall serve for the period of his election or until his
successor shall have been elected and qualified.
The President shall be elected at any time within the two-year period immediately preceding
the year for which he is elected to serve as President. The President shall take office on the first
day of July in the Rotary year for which he is elected to serve as President and shall serve for the
period of his election or until his successor shall have been elected and qualified. In the event
that the President is elected prior to the Rotary year immediately preceding the year in which he
is to serve as President, such President-elect shall, if he is not otherwise a member of the Board,
serve as an ex-officio member of the Board in the year immediately preceding the year in which
he is to serve as President.
Each officer and each director shall be an active (including additional active), senior active, or
a past service member in good standing of this club.

ARTICLE VII
Admission Fees and Dues
Section 1. Each active, senior active, and past service member of this club shall pay, as an
admission fee and as annual dues, such sums as may be prescribed in the Bye-laws of this club,
except that a senior active or past service member who has held active membership in this club
shall not be required to pay a second admission fee.

ARTICLE VIII
Duration of Membership
Section 1. Period. Membership shall continue during the existence of the club unless
terminated as hereinafter provided.

Section 2. How terminated. (a) Active membership shall automatically terminate, if, and when,
an active member ceases to be personally and actively engaged in the classification of business
or profession under which he is classified in the club or ceases to have his place of business or
residence located within the territorial limits of the club, or his connection with his business
establishment is severed.
Except that by permission of the Board of Directors, an active member, moving from the
territorial limits of the club, may be given special leave of absence for a period not exceeding one
year to enable him to visit and become known to a Rotary Club in the community to which he
moves, providing he is still active in the same classification of business or profession and
continues to comply with the attendance and all other conditions of Rotary membership. The
termination of his membership would take effect only at the end of the period of leave granted to
him.
In the event an active member of the club, after having been an active member of the club for
five or more years, ceases to have his place of business or residence within the territorial limits of
the club, he may retain his membership in the club provided his new place of business or
residence is located within the corporate limits of the city in which the club is located.
(b) The membership of an additional active member elected under the provisions of Article 5,
section 5A of this Constitution shall automatically terminate with the termination of the
membership of the active member who proposed him, or in the event such active member
becomes a senior active member of this club. If such additional active member is promptly re-
elected to active membership in this club, he shall not be required to pay a second admission fee.
An additional active member elected under Article 5, section 5B shall cease to be a member
when the classification becomes vacant provided that when the classification is again filled he
may (without prejudice to the right of the holder of the classification to propose an additional
active member under Article 5, section 5A of this Constitution) then be re-elected.
(c) Past service membership shall automatically terminate on the thirtieth day of June next
after the date of election. However, the Board in its discretion may, by resolution from year to
year, continue such honorary membership for the ensuing year. Such honorary membership may
be continued by the Board although the person so elected has ceased to reside within the
territorial limits of the club.

Section 3. How to rejoin. When the membership of an active member has terminated as
provided in the foregoing section 2, such person may make new application for membership,
under the same classification or another classification. Such application by an additional active
member elected under the provisions of Article 5, section 5A of this Constitution shall be
considered, before any other, for membership under the classification in which he applies. If
elected to membership he shall not be required to pay a second admission fee.

Section 4. Termination—non-payment of dues. Any member failing to pay his dues within
thirty (30) days after the prescribed time shall be notified in writing by the Secretary at his last
known address. If the dues are not paid on or before ten (10) days from the date of notification,
said membership shall automatically terminate.
Such former member, at the discretion of the Board, may be reinstated to membership upon
his petition, and upon the payment of all his indebtedness to the club, provided that no former
member can be reinstated to active membership if his former classification has been filled.

Section 5. Termination—non-attendance. (a) The membership of any active, senior active, or


past service members except as provided in this article, who is absent from four consecutive
regular weekly meetings of this club shall automatically terminate, unless such absence is made
up as hereinafter provided, or he is excused by the Board for good and sufficient reason.
Any member absent from a regular meeting of this club may make up such absence by
attendance at a regular meeting of any other Rotary Club or a provisional Rotary Club at any time
between the usual time of the regular meeting of this club immediately preceding the day of
absence and the usual time of the regular meeting of this club immediately following the day of
absence and be given full credit for attendance in this club, provided notice of such attendance is
given to this club by the secretary of the club visited or the member may make his own report.
In the event an active, senior active, or past service member of this club presents himself at
the regular time and place of meeting of any other club for the purpose of attending the meeting
of such club, and such club has omitted, postponed or changed the time or place of its meeting
for the said week, then such member shall be credited with attendance by this club for the week
for which he would be entitled to credit had such meeting been held at the regular time and place,
provided notice of such circumstances is given to this club by the secretary of the club visited or
the member may make his own report.
Any active, senior active or past service member of this club, who is serving as an officer of
Rotary International, or a committee-man of Rotary International, or as a SPECIAL
REPRESENTATIVE OF THE DISTRICT GOVERNOR, or who is in the employ of Rotary International,
absent from a regular meeting of this club on Rotary business shall be credited with attendance at
such meeting missed while on such business, provided notice of such circumstances is given to
this club by the member.
Any active, senior active, or past service member of this club absent from a regular meeting of
this club while travelling with reasonable directness to or from a convention of Rotary
International, an international assembly, a Rotary Institute for past and present officers of Rotary
International, a Rotary regional conference, a Rotary International committee meeting, a Rotary
district conference, Rotary district assembly any district meeting held by direction of the board of
directors of Rotary International, or a regular announced intercity meeting of Rotary clubs, shall
be credited with attendance at such regular meeting of this club, provided notice of such
circumstances is given to this club by the member.
Any active, senior active, or past service member of this club absent from a regular meeting of
this club who attends a convention of Rotary International, an international assembly, a Rotary
Institute for past and present officers of Rotary International. A Rotary regional conference, a
Rotary International committee meeting, a Rotary district conference, a Rotary district assembly,
any district meeting held by direction of the board of directors of Rotary International, or a
regularly announced intercity meeting of Rotary clubs, at any time between the usual time of the
regular meeting of this club immediately preceding the day of absence and the usual time of the
regular meeting of this club immediately following the day of absence shall be credited with
attendance at such regular meeting of this club, provided notice of such attendance is given to
this club by the member.
(b) The membership of any active, senior active or past service member, except as hereinafter
provided, whose percentage of attendance is less than sixty per cent during the first or second six
months of this club’s fiscal year shall automatically terminate, unless he is excused by the Board
for good and sufficient reason.
(c) Any senior active or past service member who, because of protracted ill-health or
impairment, is physically unable to comply with the provisions of this section may, during the
period of its continuance, upon application to the Board be excused from complying with
attendance requirements and his absence shall not be computed in the attendance record of the
club.
(d) Any senior active or past service member who has been a member of one or more Rotary
clubs for in the aggregate twenty years or more, and has reached the age of sixty-five years, may
notify the secretary in writing of his desire to be excused from complying with attendance
requirements. If approved by the Board such member’s attendance or absence shall not be
computed in the attendance record of the club.

Section 6. Termination for other causes. (a) The membership of any member who shall cease
to have the qualifications for membership in this club may be terminated by the Board by the
votes of not less than two-thirds of the members thereof, at a meeting called for that purpose.
(b) The membership of any member may be terminated by the Board, for a reason which the
Board may deem to be sufficient by the votes of not less than two-thirds of the members thereof,
at a meeting called for that purpose.
(c) In either case (a) or (b) the member shall be given at least ten days’ notice in writing of
such pending action and an opportunity to submit to the Board a written answer. He shall also
have the privilege of appearing before the Board to state his case. Service of such notice shall be
made by personal delivery or by registered letter to his last address.
(d) In case of a decision to terminate membership, the secretary shall, within seven days after
the date of the Board’s decision, notify the member in writing of the decision of the Board. Such
member may, within fourteen days after the date of such notice, give written notice to the
secretary of his intention either to appeal to the club or to arbitrate as provided in Article 12 of this
Constitution. In the event he appeals, the Board shall set a date for the hearing of the appeal at a
regular meeting of the club, to be held within twenty-one days after the receipt of such written
notice of appeal. At least five days’ notice of such club meeting and its special business shall be
given in writing to every member of the club, and only members of the club shall be permitted to
be present when such appeal is considered at such meeting.
(e) When the Board has terminated the membership of an active member as provided for in
this section, the club shall not elect any member under his former classification, until the time for
hearing the appeal, if any, has expired and the club’s decision or the arbitrators has been
announced.
(f) The action of the Board shall be final if no appeal to the club is taken and no arbitration is
requested. If an appeal is taken, the action of the club shall be final.

Section 7. Resignation. The resignation of any member from this club shall be in writing
(addressed to the President or Secretary) and shall be accepted by the Board, provided that all
indebtedness of said member to the club has been paid.

Section 8. Property interest—forfeiture of. Any person whose membership in this club has
been terminated in any manner shall forfeit all interest in any funds or other property belonging to
the club.

ARTICLE IX
Community, National and International Affairs
Section 1. The general welfare of the community, the nation and the world is a concern to the
members of this club, and the merits of any public question involving such welfare shall be proper
subjects of fair and intelligent study and discussion before a club meeting for the enlightenment of
its members in forming their individual opinion. However, this club shall not express an opinion on
any pending controversial public measure.
Section 2. This club shall not endorse or recommend any candidate for public office and shall
not discuss at any club meeting the merits or demerits of any such candidate.
Section 3. (a) This club shall neither adopt nor circulate resolution or views, nor take
corporate action, dealing with world affairs or international policies of a political nature.
(b) This club shall not direct appeals to clubs, peoples or governments, or circulate letters,
speeches, or proposed plans for the solution of specific international problems of a political
nature.

ARTICLE X
Official publication
Section 1. By acceptance of active, senior active, or past service membership in this club,
such member voluntarily becomes a subscriber to the monthly publication of Rotary International.
His subscription shall be handled in six-month periods and shall continue as long as he is a
member of the club and to the end of any six-month period during which he may cease to be a
member of the club.

Section 2. The amount of the subscription shall be collected by the club from each member,
semi-annually, in advance. The secretary shall enter such subscriptions and amounts so
collected in a special subscription account and remit to Rotary International.

Section 3. The Board of Directors of Rotary International may prescribe this standard club
constitution without this article for the use of clubs outside of the United States of America and
Canada.
ARTICLE XI
Acceptance of object and compliance with
Constitution and Bye-laws
A member by payment of his admission fee and dues thereby accepts the principles of Rotary
as expressed in its object and submits himself to and agrees to comply with and be bound by the
Constitution and Bye-laws of this club, and on these conditions alone is entitled to the privileges
of the club. No member shall be absolved from the observance of the Constitution and Bye-laws
on the plea that he has not received a copy of them.

ARTICLE XII
Arbitration
Should any dispute arise between any member or members, or a former member or members,
and the club, or any officer or the Board of the club, relating to membership or any officer or the
Board of the club, relating to membership or to any alleged breach of the Constitution or Bye-
laws, or the expulsion of any member from the club, or on any account whatsoever which cannot
be satisfactorily settled under the procedure already provided for such purpose, the matters in
difference shall be settled by arbitration. Each party shall appoint an arbitrator and the arbitrators
shall appoint an umpire. Only members of a Rotary club may be appointed as umpire or as
arbitrators all functioning in accordance with the Arbitration and Conciliation Act 1996. The
decision arrived at by the arbitrators, or in the event of their disagreement, by the umpire, shall be
final and binding on all parties.

ARTICLE XIII
Bye-laws
This club shall adopt Bye-laws not inconsistent with the Constitution and Bye-laws of Rotary
International (and the rules of procedure for and area administration where established) and with
this Constitution, embodying additional provisions for the Government of this club. Such Bye-laws
may be amended from time to time as therein provided.

ARTICLE XIV
Amendments
Section 1. Time. This Constitution, except in an emergency as provided for in Article 6,
section 2 of the Bye-laws of Rotary International, and except as provided in section 4 of this
Article, may be amended only by action of the Council on legislation as part of the Convention of
Rotary International held in an even-numbered year, and except that in the event a sufficient
number of votes are cast by clubs against approval of action by the Council on any proposed
enactment to amend this Constitution, which will require action by the Convention, as provided in
Article 9, section 8G of the Bye-laws of Rotary International, this Constitution may be amended by
the Convention in an odd-numbered year by a majority vote of the electors present and voting at
the time such amendments are submitted to the Convention.

Section 2. Who may propose. Amendments to this Constitution, except as provided in section
4 of this Article, may be proposed only by a club, by a district conference, by the general council
or the conference of Rotary International in Great Britain and Ireland, by the Council-on-
legislation, or by the board of directors of Rotary International.

Section 3. Procedure. Any proposal to amend this Constitution shall be delivered to the
General Secretary of Rotary International not later than the first day of August, in the Rotary year
in which the Council-on-legislation is to meet.
The General Secretary of Rotary International shall mail a copy thereof to the Secretary of
each club by the first day of November in the Rotary year in which the Council-on-legislation is to
meet.
The General Secretary of Rotary International shall transmit directly to the Council all duly
proposed amendments.
The Council shall consider and act upon each such duly proposed amendment and any
preferred amendment thereof.

Section 4. Article 1 (Name) and Article 2 (Territorial Limits) of this Constitution may be
amended at any regular meeting of this club by the affirmative vote of a majority of members
present and voting, provided that notice of such proposed amendment shall have been mailed to
each member at least ten (10) days before such meeting, and provided further, that such
amendment shall be submitted to the Board of Directors of Rotary International for its approval
and shall become effective only when so approved.

Societies
Societies in India were originally registered under Societies Registration Act 1860 (Act XXI of
1860) unless there is some local legislation in the State. The old Act (Act XXI of 1860) was
repealed in its application to West Bengal with effect from 1st April 1963. The old Act was
modelled after the Library and Scientific Institution Act 1854 of England. In West Bengal they are
now registered under the W.B. Societies Registration Act 1961 (West Bengal Act XXVII of 1961).
Any seven or more individuals associated with any of the objects—religious, charitable or literary,
prescribed under sub-section 2 of section 4 of the Act—form a society by filing with the Registrar
a Memorandum of Association and a copy of the Regulations.
The society so registered is neither a corporation nor a limited company incorporated under
the Companies Act. It is an independent registered association but not a partnership of
individuals which has acquired a legal status by virtue of its registration with the Registrar
appointed by the State Government under the provisions of the Societies Registration Act. It
enjoys the status of a legal entity apart from the members constituting the same. Every member
of a corporation or an incorporated company join the same on that basis. The majority of the
members is entitled to exercise its powers and control its operation generally. The same would be
the position in the case of unincorporated associations of individuals whether the same be
registered under the Societies Registration Act or not. The rule of majority is the normal basis of
these associations. The members join these associations whether incorporated or
unincorporated, whether registered or unregistered, knowing fully well that affairs of these
associations would be conducted normally by the vote of the majority of the members thereof. In
the absence of any specific rules and regulations governing the conduct of these affairs, this
would be normal presumption and no member who joins any association would be heard to
contend to the contrary. The properties belonging to any society vest in the trustees and in the
absence thereof are deemed to vest for the time being in the governing body.

* * * *
SOCIETIES REGISTRATION ACT XXVI OF 1961

Memorandum of Association
1. The name of the society shall be “…………… ”
2. The Registered Office of the society shall be situated at ………, ………………… in the State
of West Bengal.
3. The aims and objects of the society are as follows:
(a) To perpetuate the memory of …………
(b) To help and give relief to the poor and indigent and other deserving person or persons
by providing food, shelter, periodical distribution of cloth, medicine and money and
other necessities, also to provide books to deserving students and sanyasis and to
distribute alms in cash or kind annually out of the funds of the society.
(c) To give lessons and instructions on the Geeta, Bible, Koran and other religious
scriptures and arrange for and provide all suitable and necessary ways and means for
the daily worship and periodical festivals of ……… according to the wishes of ………
and offering of Puja and Bhoga to ……… and for observance of such other occasional
religious festivals at the Samadhi Mandir at ……………… as may be decided by the
society from time to time.
(d) To perpetuate, keep and maintain the aforesaid Samadhi Mandir and other premises
and the land attached thereto at ……… in good state and condition and make such
additions, alterations and repairs thereto as may be necessary.
(e) To construct, maintain, extend, alter, repair or improve any temple building and
premises that may be acquired by the Ashram. To undertake administration of any
religious or charitable institution or endowment, e.g. church, temple, math or others.
(f) To receive and collect any gifts, subscriptions and donations either in cash or in kind,
or acquire by any other lawful ways and means and spend the same in fulfilment of all
or any of the aims and objects of the society. The income and properties of the society
shall be applied solely for the promotion and fulfilment of the aims and objects of the
society, provided if any donor intends that his contributions, donation or subscription
shall be applied to the attainment of any particular object or objects of the Ashram,
such contribution, donation, subscription shall be spent towards the promotion of that
particular object or objects only.
(g) To acquire by purchase, take on lease, hire or by gift or otherwise and hold any
movable or movables and also any immovable property or properties or any rights or
privileges that may be deemed necessary or useful for the advancement of the objects
of the Ashram or any of them.
(h) To arrange and/or provide for the long-standing practice of annual observation of
…………… Utsava at the Samadhi Mandir of ………… at …………
(i) To do all such other lawful acts, deeds and things as are incidental and conductive to
the attainment of the objects or any of them.
(j) To manage and administer any orphanage, nursing home, hospital, library, reading
room, trust, school, college and other institution irrespective of caste, creed or social
status.
(k) To take over, absorb or amalgamate with any other society or association or institution
whose objects are similar to the objects of the society.
(l) To apply the income and properties of the society for the fulfilment of its objects and
not to pay any portion thereof by way of profit or dividend or bonus.
4. Without prejudice to the generality of the above objects and for effectively carrying out the
same the society shall have power to receive, hold and possess any property including securities
of any kind and to construct and maintain any building, to manage transfer or otherwise dispose
of or deal in any property of security and to enter into any contract for or in connection with the
purposes of the society to raise moneys and funds including debentures and to establish
provident fund or funds for the benefit of the employees of the society and to accept the
management of any trust or endowment in which the society may be interested. The society shall
have also the power to frame rules and bye-laws under its Constitution.
5. The management and control of the ……………… shall be in the hands of a Committee of
Management of the society to be elected annually by the Mantra Sishyas of …………… and shall
be carried on in accordance with the rules as may be framed or modified from time to time by the
said Committee of Management, whose names, addresses and descriptions are subscribed
hereunder:
The following persons shall be the members of the first governing body of the society:
Name Address Description
1. Sri ……………………… ………………………… President
2. ” ……………………… ………………………… Secretary
3. ” ……………………… ………………………… Treasurer
4. ” ……………………… ………………………… Assistant Secretary
5. ” ……………………… ………………………… ”
6. ” ……………………… ………………………… Member
7. ” ……………………… ………………………… ”
8. ” ……………………… ………………………… ”
9. ” ……………………… ………………………… ”

We the undersigned are desirous of forming a society named “……………………………” in


pursuance of this Memorandum of Association:

Signature Address Occupation


………………………… ………………………… …………………………
………………………… ………………………… …………………………
………………………… ………………………… …………………………
………………………… ………………………… …………………………
………………………… ………………………… …………………………

WITNESS:

Signature Address Occupation


………………………… ………………………… …………………………
………………………… ………………………… …………………………
………………………… ………………………… …………………………
………………………… ………………………… …………………………
………………………… ………………………… …………………………

Rules and Regulations


1. Definition. In these Rules and Regulations unless there be anything repugnant to or
inconsistent with the subject or context:
(a) Society means…………
(b) Committee of Management means the Committee of Management of ………………
duly appointed annually by the Mantra Sishyas of ………
(c) Member means any of the members forming the Committee of Management.
(d) ……………… means an assemblage of Mantra Sishyas both male or female of
………… over 18 years of age.
(e) A Meeting of the Sishya Sangha means a meeting of the Mantra Sishyas both male or
female of ………… over 18 years of age present at a meeting duly convened and held
under the rules of the Ashram.
(f) Financial Year means the year commencing from 1st Baisakh to the last date of
Chaitra in one year.
(g) Mantra Sishya means a direct disciple either male or female of Shree ……… over 18
years of age and eligible under these rules to participate and vote in a meeting of the
Sishya Sangha.
(h) President means the President of the …………… Ashram elected annually in a
meeting of the Sishya Sangha.
(i) Treasurer means the Treasurer of ………………
(j) Assistant Secretary means the Assistant Secretary of ………………………
(k) …………………………… means premises at ………………………,
…………………………
2. Committee of Management. The Committee of Management shall consist of:
(a) President, (b) Secretary, (c) two Assistant Secretaries, (d) Treasurer and 16 members duly
elected annually at a meeting of the Sishya Sangha convened for the purpose in the manner
hereinafter provided for.
3. All properties of the Ashram, both movable and immovable, as well as the management of
the affairs and concerns of the Ashram shall vest in the Committee of Management subject to the
rules and regulations of the Ashram.
4. No one except a Mantra Sishya above 18 years of age shall be eligible to be a member.
5. The members shall hold office for a term of one year, but any of them shall be eligible for re-
election.
6. In the case of any casual vacancy in the post of any of the members on account of death,
resignation, expulsion or any other incapacity to work as a member, a new member will be co-
opted by the Committee of Management from amongst the Sishyas within four weeks from the
date of such casual vacancy of the Sangha. Such a new member will hold office till the next
election of the Committee of Management. Pending filling up of the vacancy as stated above the
remaining members in the Committee will carry on the work of the Ashram and the properties
both movable and immovable of the Ashram shall vest in the remaining members.
7. For the proper conduct of the affairs of the Ashram the Committee of Management shall
hold meetings as and when necessary, but there shall be at least one meeting in every two
months and it shall keep proper records of all proceedings of such meetings. Five members
present at a meeting shall form the quorum.
8. The Committee of Management shall, out of the funds and income of the Ashram, spend
money for the fulfilment of the objects of the Ashram according to the budget as sanctioned by
the Sishya Sangha at the annual general meeting. The Committee of Management shall appoint
and, whenever necessary dismiss any sevak, pujari, durwan and other menial servants for the
work of the Ashram and shall make all suitable arrangements for the protection of the Samadhi
Mandir etc.
9. The Committee of Management may frame rules and bye-laws not inconsistent with the
rules and regulations hereof for the internal management of the Ashram and the conduct of its
meetings and may alter and amend the same when necessary.
10. All deeds and documents by or in favour of the Ashram shall be in the name of the
Ashram.
11. In case any member shall desire to tender resignation from the membership before the
expiry of his term, he shall have to give at least one month’s notice in writing to the Secretary of
the Committee of Management and in case he himself happens to be the Secretary then at least
three months’ notice to the President of the society. Such a letter of resignation will be placed at a
meeting of the Committee of Management especially convened for the purpose within one month
from the receipt of the letter. No resignation shall be deemed to have taken place until accepted
at the said meeting. Similar procedure will be followed in the case of any casual vacancy due to
death or incapacity of a member to work as a member.
12. The members shall not be entitled to any remuneration.
13. President. The President shall preside over every meeting of the Committee of
Management. In his absence, one of the members shall be elected as Chairman of the meeting.
14. Secretary. The Secretary or one of his Assistant Secretaries duly authorised by him shall
look after the daily worship and Bhogarag of …………… and also conduct the day-to-day affairs
as resolved and passed by the Committee. He shall incur all necessary expenses in connection
with his work mentioned above.
The Secretary to the Committee of Management will be in charge of the office of the Ashram
and amongst others do the following acts and things:
(a) To check and verify accounts in the cash book and sign the same.
(b) To sign and issue notices for the meeting of the Committee of Management and the
annual meeting of the Sishya Sangha.
(c) To look after and conduct all correspondence relating to or in any way concerning the
Ashram other than those which may be allocated to any member or members in charge
of any department of the society.
(d) To keep or cause to be kept in proper order and custody all documents and all papers
and files belonging to the Ashram.
(e) To operate or cause to be operated by one of his assistant secretaries duly authorised
by him on current account in one or more bank or banks as approved by the
Committee of Management in conjunction with the Treasurer of the society.
(f) To sign in token of sanction all vouchers for necessary expenses of the Ashram within
the limit sanctioned by the Committee before payment by the Treasurer.
15. Treasurer. (a) To receive subscriptions, donations and pronamis in cash and record the
receipts in the Cash Book maintained for the purpose.
(b) To arrange for investment of surplus assets of the Ashram as approved by the Committee
of Management in conjunction with the Secretary of the society.
(c) To operate on current account in one or more bank or banks as approved by the
Committee of Management in conjunction with the Secretary or one of the Assistant Secretaries
duly authorised by the Secretary of the Ashram.
(d) To submit all books and papers relating to the Ashram’s receipts and expenditures, cash
books, bank pass books, etc., to the Secretary of the Ashram once in a month for his scrutiny and
signature.
(e) To prepare yearly accounts of receipts and expenditures and have the same audited by
the Auditor appointed by the Committee of Management and approved at the general meeting
and present the same before the annual meeting of the Sishya Sangha.
16. Auditors. At the annual meeting of the society, one or two Mantra Sishya, or outsiders be
elected Auditors or Jt. Auditors who will audit the accounts of the Ashram for the ensuing year.
Such appointment will be made for one year, but the same Auditor or Auditors will be eligible for
re-election.
The Auditor or Auditors shall have at all reasonable time access to the books of accounts of
the Ashram and to all papers, vouchers, receipt books, etc., and for this purpose of verifying any
accident examine any office-bearer of the Ashram to make any enquiry from any member.
The Auditor or Auditors shall not be entitled to any remuneration.
17. Assistant Secretary to the Committe of Management. The Assistant Secretary will
assist the Secretary in all matters relating to the duties of the Secretary and in the absence of the
Secretary shall function according to his (Secretary’s) instructions.
18. Proceedings of the Committee of Management. All proposals put to any meeting of the
Committee of Management must be decided and passed by majority of votes of the members
present at the meeting.
19. All resolutions duly passed in any meeting of the Committee of Management shall duly be
recorded in the Proceedings Book either in Bengali or in English and shall be signed by all
members present at the meeting.
20. The President may request any Mantra Sishya, who is not a member of the Committee or
any of the persons who is not a Mantra Sishya, to attend a meeting of the Committee of
Management to give their valuable and considered opinion regarding any matter relating to the
Ashram. Such non-members of the Committee shall have, however, no power to cast vote at the
meeting.
21. Proceedings of the meeting of annual Sishya Sangha. The Annual General Meeting of
the society will be held on a date to be decided by the Committee of Management not later than
four months after the date of financial year of the Ashram. Necessary notice to all Mantra Sishyas
shall be issued 15 days in advance by the Secretary. The notice will be in Bengali mentioning the
date, time and place and the agenda of the meeting.
22. The business of the Annual Meeting of the society shall be:
(a) to consider the Ashram’s annual report presented by the Secretary on behalf of the
Committee of Management;
(b) to consider and pass the audited accounts of receipts and expenditure for the previous
year;
(c) to elect the President and other members of the Committee of Management for the
ensuing year; and
(d) to consider any other matter brought before the meeting either by the Committee of
Management or by any member present at the meeting concerning the management
and welfare of the Ashram.
23. Quorum of meeting of Sishya Sangha. Fifteen members of the Sishya Sangha
personally present in any meeting of the Sishya Sangha shall form the quorum.
24. If for want of quorum any meeting of the Sishya Sangha cannot be proceeded with, then
the meeting will be adjourned to some other date as the Committee of Management may think
proper. No new matter shall be considered at the adjourned meeting except those mentioned in
the agenda of the meeting which has been adjourned.
25. Chairman. At every meeting of the Sishya Sangha, one of the Mantra Sishyas present at
the meeting shall be duly elected Chairman of the meeting.
26. Every resolution submitted to a meeting of the Sishya Sangha shall be determined by the
majority votes of the Mantra Sishyas present, every Mantra Sishya having one vote. In case of
equality of votes, the Chairman will have the casting vote. Votes will be taken by show of hands
or by ballots as decided by the Sishya Sangha.
27. An attendance book shall be kept and as far as possible it should be signed by all Mantra
Sishyas present at the meeting of the Sishya Sangha. The proceedings of all meetings of the
Sishya Sangha shall be duly and properly recorded or caused to be recorded in the proceedings
book either in English or Bengali by the then Secretary or in his absence by any member and
shall be signed by the Chairman of the meeting.
28. An extraordinary meeting of the Sishya Sangha shall be convened at such place and time
as the Committee of Management may deem fit on the written requisition of at least 10 Mantra
Sishyas showing the reasons for calling of the same and shall be convened within 15 days of the
receipt of requisition. A week’s notice to be served to the Mantra Sishyas for the purpose will
suffice.
29. It shall be lawful for the Sishya Sangha at an annual meeting duly convened for the
purpose in the manner herein to amend, vary, alter, modify or repeal all or any of the rules and
regulations of the Ashram.
Certified to be the true copy of the rules and regulations of ………………
1. ………………………………
2. ………………………………
3. ………………………………

Members of the Committee of Management

…………………… Society

(Registered under the West Bengal Societies


Registration Act 1961)
(Act XXVI of 1961)

* * * *

Memorandum of Association
1. The name of the society is …………
2. The registered office of the society will be situated at No. ………… for the time being. The
said office may be removed to such other place or places as the COUNCIL OF PROMOTERS shall
think fit and proper from time to time. It may open and close any branch office or offices at any
other place or places as it may decide from time to time.
3. The objects for which the society is established are:
(i) To preach the Message of Jesus Christ, to hold meetings, Crusades and Campaigns,
to pioneer and support Gospel work in Virgin Areas, to print and publish religious
literature such as tracts, magazines, pamphlets, books and booklets.
(ii) To train workers for Gospel outreach, to support Christian workers, for the propagation
of the Gospel.
(iii) To co-operate with Christian Organisations or Associations in India and abroad to work
within the scope of the ‘India Evangelistic Crusade’.
(iv) To help local churches in the construction of Church and to administer the same and to
establish community halls and support social work through schools and orphanages
and to provide for stipends, scholarships, prizes, library, reading-room, lectures etc.,
and to provide and give medical relief and monetary help and shelter to poor and
deserving children. To administer any trust or endowment.
(v) The receive any sum or sums of money as gifts or donations in cash or kind or
subscriptions given to or acquired by any other means by the Crusade and to spend in
fulfilment of all or any of the objects of the Crusade.
(vi) To purchase or to acquire on lease or in exchange or hire or to acquire by gift or
otherwise and to hold and deal in whenever necessary in movable and immovable
property or any right or privilege that may be deemed necessary for the promotion and
advancement of the objects of the Crusade or any of them and to enter into any
contract or contracts and to execute such conveyance or conveyances as may be
necessary or required.
(vii) To borrow or raise money whenever necessary for some urgent and important work of
the Crusade or for its maintenance and uplift or for any other religious or charitable
purpose by the issue of or upon Bond, Promissory Notes, Debentures or other
securities or by mortgaging the property of the Crusade, or to meet other obligations as
may be determined by the Crusade from time to time. The value of such loan shall in
no case exceed half of the total value of the properties.
(viii) To do all such lawful things as are incidental or conducive to the attainment of the
above objects or any of them.
4. If upon the dissolution or winding-up of the society there remains after satisfaction of all
debts and liabilities any property whatsoever the same shall not be paid to or distributed among
the members of the society but shall be given or transferred to some other institution or
institutions having objects similar to those of the society to be determined by the votes of three-
fourths of the members of the society for the time being present personally at the time of
dissolution or in default thereof, by the court having jurisdiction in the matter.
5. No portion of the income and property of the society shall be paid, applied or transferred
directly or indirectly by way of dividends, bonus or otherwise howsoever by way of profit to any
member of the society or any person claiming through any of the members PROVIDED THAT
nothing hereto contained shall prevent the payment in good faith of remuneration or reward to
any officer, employee or servant of the society or any member of the society or other persons in
return for any service actually rendered to the society.
6. The management and control of the affairs of the society and/or of the branches of the
society shall be carried on in accordance with the Articles of Association of the society and/or the
rules and bye-laws and regulations framed by the COUNCIL OF PROMOTERS for the said purpose.
7. The names and addresses of members and office-bearers of the First Council of Promoters
are:

COUNCIL OF PROMOTERS
1. ................................................. President
2. ................................................. Secretary-cum-Treasurer
3. ................................................. Member
4. ................................................. Member
5. ................................................. Member
6. ................................................. Member
7. ................................................. Member
8. We the several persons whose names and addresses are subscribed hereto are
desirous of being formed into a society in pursuance of this Memorandum of Association
and under the provisions of the West Bengal Societies Registration Act 1961 (Act XXVI of
1961).

Names and Addresses Occupation Signature Witness

1. ………………………… …………… …………… ……………

2. ………………………… …………… …………… ……………

3.………………………… …………… …………… ……………

4. ………………………… …………… …………… ……………

5. ………………………… …………… …………… ……………

6. ………………………… …………… …………… ……………

7. ………………………… …………… …………… ……………

Dated the 22nd day of October 1983


Rules and Regulations
(Registered under the West Bengal Societies Registration Act 1961)
1. Interpretation. In these Rules and Regulations unless there be anything in the subject or
context inconsistent therewith:
(a) The Society means …………………
(b) The Members means the members of the society for the time being.
(c) The President and Secretary-cum-Treasurer mean those respective office-bearers for
the time being of the society.
(d) The Annual General Meeting and a Special General Meeting mean such general
meetings of the society as are convened and held only under the rules of the society in
force.
(e) The Meeting means all meetings other than Annual and Special General Meetings of
the society.
(f) A Resolution means a Resolution of the Society duly passed and adopted.
(g) The Seal means the seal of the society.
(h) Year means the official year of the society as may be determined by the Council of
Promoters from time to time.
(i) Life Members and Ordinary Members means the life members and ordinary members
respectively of the society.
2. Membership. All persons who belong to the Christian community and profess Christian
religion and who have attained 21 years of age and have subscribed to the aims and objects of
the society subject to the approval of the Council of Promoters will be entitled to be its Ordinary
Members and Associate Members on payment of their subscriptions as hereinafter provided. The
decisions of the Council of Promoters in this regard shall be final and binding.
3. Clauses of Membership and Fees: (i) Ordinary Members. Those members as aforesaid
who shall pay an yearly subscription of Rs. 10 per year shall be admitted as an ordinary member
of the society subject to the approval of the Council of Promoters.
(ii) Associate Members. Those members as aforesaid who shall pay an yearly subscription of
Rs. 5 will be Associate Members of the Society subject to the approval of the Council of
Promoters.
Explanation. (a) Those persons, who have paid till the date of registration of the society the
respective membership fees applicable to the respective clauses, shall be deemed to have been
admitted to the respective clauses, and shall be deemed to be the Founder Members.
(b) Any ordinary member, whose subscription has remained in arrears before the holding of
the Annual General Meeting or Extraordinary General Meeting shall not be entitled to exercise the
voting rights at the Annual General Meeting or the Extraordinary General Meeting, as the case
may be.
4. Patrons. The Council of Promoters may, according to such terms and conditions as it shall
decide from time to time, admit as PATRONS those persons who are likely to help in furthering
the objects and cause of the society either through their professional knowledge and experience
and/or through financial assistance.
5. Register of Members. The society shall maintain at its registered office a register of its
members and shall enter therein, within 15 days after the admission of a member or the cessation
of his membership as the case may be, the following particulars:
(a) The name and address of the member.
(b) The date on which the member was admitted.
(c) The date on which a member ceased to be such member.
6. Rights of Members. (a) Each Ordinary Member shall have one vote at every meeting.
(b) All Ordinary and Associate Members of the society shall be entitled to participate in the
meetings and religious functions and gatherings of the society and after the expiry of one month
of his or her/their membership elect or be elected to its Council of Promoters.
(c) All the Ordinary Members shall have right to inspect the books of account, book containing
minutes of proceedings of general meetings and register of members of the society on any
working day during business hours by giving reasonable notice.
(d) All the members—Ordinary and Associate—of the society shall be bound by the Rules and
Regulations and/or bye-laws which may be framed from time to time.
7. Council of Promoters. (a) The members of the First Council of Promoters of the society shall hold the
offices for a period of five years, after the expiry of which the Council of Promoters shall be composed and constituted
from among the members of the society as follows:
(i)(a) Seven members to be elected at every Annual General Meeting.
(b) Two members to be co-opted by the members as in (a) above.
(ii) The Council of Promoters thus composed and constituted shall from amongst themselves
elect the following office bearers:
“President” and “Secretary-cum-Treasurer”.
8. A member or an office-bearer of the Council of Promoters may resign by making a request
addressed to the President or the Secretary-cum-Treasurer of the Council of Promoters in that
respect in writing before the expiry of his term.
9. A member who is an undischarged insolvent or who has been convicted of any offence in
connection with the formation, management or of the affairs of the society or of any offence
involving moral turpitude shall not be entitled to be a member or office-bearer of the Council of
Promoters.
10. In case of any vacancy in the Council of Promoters, including the office-bearer, caused by
the removal of disqualification under these rules or by death or by resignation of any member or
office-bearer during his term as a member or office-bearer another member or office-bearer
during his term as a member or office-bearer may be appointed in his place and stead by the
remaining members and the office-bearers of the Council of Promoters and such appointed
member or office-bearer shall hold the office only for the unexpired portion of the said member’s
or office-bearer’s term.
11. Members of the Council of Promoters shall be eligible for re-election.
12. Proceedings of the Council of Promoters. The Council of Promoters shall meet at least
twice in a year. Other meetings may be held either upon the advice of the President, or request of
at least three members of the Council of Promoters.
13. (a) The quorum for the meeting of the Council of Promoters shall be three members
present in person.
(b) If within half an hour of the time appointed for a meeting a quorum is not constituted, the
meeting shall stand adjourned for one hour at the same time and place, and if at the meeting a
quorum be not constituted within half an hour of the time appointed for the meeting, the members
present shall constitute the quorum.
(c) The absence, without leave of any member of the Council of Promoters for 3 (three)
consecutive meetings and/or for a continuous period of 6 months whichever is more, shall entitle
the Council of Promoters to remove such member from the Council of Promoters.
(d) The Council of Promoters may pass a resolution by circulation. Such resolution passed
whether by majority or unanimously by circulation amongst the members of the Council of
Promoters shall be equally valid and shall be construed as if passed at a meeting duly called and
convened for the purpose and such resolution shall be entered by the Secretary-cum-Treasurer in
the minute-books of the meetings of the Council of Promoters.
14. The Council of Promoters shall be empowered with any, every and all functions pertaining
to the administration, control and management of the society and will decide on all questions and
more particularly the Council of Promoters acting collectively shall have power to:
(a) Represent the society.
(b) Acquire and transfer property, movable, immovable or both, assume obligations and
conclude agreements of any nature.
(c) Appoint the personnel of the society, determine their remuneration, salaries and other
service conditions and also to terminate their services, dismissal or otherwise and take
disciplinary action as necessary.
(d) Open and operate bank accounts, deposit, withdraw or invest funds, issue, accept,
sign, endorse and deliver cheques, drafts, letters of credit and in general any other
negotiable instruments. Such banking account or accounts as and when opened shall
be operated jointly by the President and Secretary-cum-Treasurer.
(e) Determine and incur expenses in general and administer the finances of the society
and to raise, receive and accept funds, subscriptions, donations and money and all
kinds of gifts and charities.
(f) Decide on the establishment of branch offices of the society.
(g) Exercise control over the books and funds of the society, prepare and submit to the
General Meeting the annual report, the balance-sheet, income and expenditure
account of the society.
(h) Frame bye-laws relating to the internal administration of the society.
(i) Decide on any, every and all matters pertaining to or in connection with the
administration of the society and the successful pursuance of aims and objects.
(j) To make arrangements or appointments of the council or such other bodies for
organising and publishing regular bulletins, journals or other publications and to hold
and organise classes, lectures, meetings etc., under the direct supervision and
guidance of the Council of Promoters.
15. The President shall preside over and direct the meetings of the Council of Promoters. But
if at any meeting the President be not available to preside within 30 minutes of the time fixed for
the meeting, the members of the Council of Promoters present shall elect one of them as
Chairman of the meeting.
16. The Secretary-cum-Treasurer shall be the Executive Officer of the Council of Promoters.
He or she shall carry on the administrative work of the society, receive all letters and documents
addressed to the society, prepare correspondence, keep all books and records of the society.
17. The Secretary-cum-Treasurer shall collect all dues to the society and effect all its
payments, keep appropriate records and books and help the Council of Promoters in financial
administration of the society.
18. Delegation of Authorities. The Council of Promoters may delegate any of its powers and
authorities referred to in rules to a sub-committee of two or more persons appointed from
amongst the members of the society, if necessary. In each of such sub-committees, the President
and the Secretary of the Council of Promoters shall always remain ex officio members.
19. General Meetings. The general body of the members shall be the supreme authority of
the society in respect of all its activities and more particularly to decide on:
(a) Amendments and/or additions to the memorandum of society and these rules.
(b) Election of not more than seven members of the Council of Promoters every year after
the expiry of the period of the First Council of Promoters and appointment of auditors
and fix up their remuneration.
(c) Approval with or without amendments of the annual report, the Annual Balance-sheet
and the Income and Expenditure Account.
(d) Collaboration or amalgamation of the society with any other society or fund pursuing
similar objects.
(e) Dissolution of the society and disposal of fund upon dissolution as hereinbefore
mentioned.
20. The Annual General Meeting shall be convened by the Council of Promoters regularly
once a year within the three months following the end of the society’s accounting year provided
that for any reason if it be not practicable to convene the Annual General Meeting within the
aforesaid period, the Council of Promoters shall have power to extend the date of such Annual
General Meeting for a further period not exceeding three months and it will not continue to act
during this period but not more than 15 months shall elapse between the two Annual General
Meetings.
21. The Council of Promoters may, whenever it deems necessary call an Extraordinary
General Meeting.
22. The notice for the General Meeting shall be delivered personally or sent by post to the
members of the society at least 10 days prior to the date of the meeting and at least five days in
the case of an adjourned meeting. The notice must indicate the place, date and hour hereof, as
well as the items of agenda.
23. The General Meeting whether Annual or Extraordinary shall not discuss or decide on any
matter which are not included in the agenda, save and except with the permission of the
President.
24. The quorum for the General Meeting shall be one-fifth of the membership strength or 20
whichever is less. In the event such quorum is not present within half an hour of the time
appointed for the meeting the General Meeting shall stand adjourned for one hour at the same
place and at such adjourned meeting the members present shall constitute a quorum.
25. The decision of the General Meeting including the election of the members of the Council
of Promoters shall be taken by show of hands or secret ballot as the President may desire by
majority of the votes of the members present.
26. The General Meeting shall be presided over by the President and in his absence the
members present shall elect from amongst themselves a President of the Council of Promoters
for the meeting. The decision of the General Meeting shall be recorded in minutes, entered into a
special book maintained for the purpose, duly signed by the President of the meeting.
27. President. (i) The President shall guide and supervise the various activities of the society.
He shall preside over the Council of Promoters and at the Annual General and other General
Meetings. He shall be the Head of the society. The ruling of the President at the Council of
Promoters shall be final and binding on all questions raised.
(ii) The President in case of emergency may exercise all the powers and perform all the
functions required to be exercised and performed under the Rules and Regulations by the
Managing Committee provided always that all the actions taken by the President shall be placed
before the Council of Promoters in the next meeting immediately failing the exercise of such
powers and functions by the President.
(iii) The President in case of emergency if he thinks fit may also dissolve the Council of
Promoters and appoint an ad hoc Council of Promoters provided, however, that the Council of
Promoters appointed by the President under this sub-rule shall function only until the new Council
of Promoters is elected at the next Annual General Meeting immediately failing the appointment
of such ad hoc Council of Promoters.
28. Secretary-cum-Treasurer. The Secretary-cum-Treasurer shall be in charge of all
executive work of the society. He shall keep records of the affairs of the society and issue calls
for various meetings. He will not act under the guidance, supervision and advice from the
President and the Council of Promoters.
29. Audit. At each Annual General Meeting a qualified Auditor/Auditors as provided in
Explanation to s. 15(2) of the West Bengal Societies Registration Act 1961, shall be appointed.
The Auditor shall submit a report on the income and expenditure, account and balance-sheet of
the society presented by the Council of Promoters. The minutes of the meeting of the Council of
Promoters and of the General Meeting, books of accounts, the correspondence and in general, all
records of the society as well as any date required for the carrying on of the audit shall, upon a
requisition by the auditors, be submitted to them.
30. Casting Vote. In all matters to be decided by a simple majority in General Meetings,
casting vote of the PRESIDENT shall prevail in case of equality of votes.
31. Financial Year. The financial year of the Society shall commence on the 1st day of
January and end with the 31st day of December according to English calendar year.
32. Investments. The funds of the society, besides being invested in the investment
authorised by law for the time being in force relating to the investment of the TRUST FUNDS may
also be invested in fixed deposit account with a scheduled bank or banks as may from time to
time be directed by the Council of Promoters.
33. The name of a member of the society whose fees shall be in arrears may be removed
from the register of members of the society on three months’ notice to such member unless in the
meantime such arrears are paid. Any member, whose name has been so removed from the
register of members, shall not be eligible for readmission as a member unless he pays all arrears
for which his name has been so removed from the register of members.
34. Any member may resign his membership by serving a written notice to that effect on the
Secretary, but any dues payable by the member to the society on the date of resignation shall be
payable by him.
35. Suits and Proceedings. The society may sue or be sued in the name of its secretary.
36. Indemnity. Every member of the Council of Promoters or any sub-committee, auditor,
and other officer or servant of the society shall be indemnified against all liabilities arising out of
acts and things done by him in performance of the duties entrusted, by way of damages
otherwise, and all losses, costs, charges and expenses which he may incur or become liable by
reason of any contract entered into or any act or deed done by him as such member, auditor,
officer or servant in any way or about the discharge of his duties.

CERTIFIED to be a true copy of the Rules and Regulations of ..................


1. .................................................. President
2. .................................................. Secretary-cum-Treasurer
3. .................................................. Member
Council of Promoters
Date ………………

* * * *

Trade Union

FORM A
(Regulation 3)
Application for Registration of a Trade Union
Dated the ……… day of ………… 19………
1. We hereby apply for the registration of a trade union under the name of …………………
2. The address of the head office of the union is ………………
3. The union came into existence on the …………… day of …………… 19……… (and has on
its roll on the date of his application ………… members).
4. The union is a union of employers/workers engaged in the …..……… industry (or
profession).
5. The particulars required by s. 5(1)(c) of the Indian Trade Unions Act 1926, are given in
Schedule I.
6. The particulars given in Schedule II show the provision made in the rules for the matters
detailed in s. 6 of the Indian Trade Unions Act 1926.
7. (To be struck out in the case of unions which have not been in existence for one year before
the date of application). The particulars required by s. 5(2) of the Indian Trade Unions Act 1926,
are given in Schedule III.
8. We have been duly authorised to make this application by ……………

Signature Occupation Address

Signed 1 …………… …………… ……………. …………..………


2 …………… …………… ……………. …………..………
3 …………… …………… ……………. …………..………
4 …………… …………… ……………. …………..………
5 …………… …………… ……………. …………..………
6 …………… …………… ……………. …………..………
7 …………… …………… ……………. …………..………

To
The Registrar of Trade Unions, West Bengal
SCHEDULE I
List of officers

SCHEDULE II
Reference to Rules
The numbers of the rules making provision for the several matters detailed in column 1 are
given in column 2 below:

1 2
Matter Number of Rules
Name of union
The whole of the objects for which the union has been
established
The whole of the purposes for which the general funds of the
union shall be applicable
The maintenance of a list of members
The facilities provided for the inspection of the list of members
by officers and members
The admission of ordinary members
The admission of honorary or temporary members
The conditions under which members are entitled to benefits
assured by the rules
The conditions under which fines or forfeitures can be
imposed or varied
The manner in which the rules shall be amended, varied or
rescinded
The manner in which members of the executive and the other
officers of the union shall be appointed and removed
The safe custody of the fund
The annual audit of the accounts
The facilities for the inspection of the account books by
officers and members
The manner in which the union may be dissolved

SCHEDULE III
(This need not be filled in if the union came into existence less than one year before the
date of application for registration) Statement of liabilities and assets on the ………… day
of ……… 19………
Liabilities Rs. P. Assets Rs P.
Amount of general fund Cash
Amount of political fund In hand of Treasurer

Loans from In hands of Secretary

………………………… In hands of …………

………………………… In the …… Bank ……

………………………… In the …… Bank ……


Securities as per list
below
Unpaid subscriptions due

Debts due to
………………………… Loans to

………………………… ………………………

Other liabilities (to ………………………

be specified) Immovable property


………………………… Goods and furniture
………………………… Other assets (to be
specified)
………………………
………………………

Total liabilities
Total assets

List of Securities
Particulars Nominal value Market value In hands of

Signed1 …………………………………
2 …………………………………
3 …………………………………
4 …………………………………
5 …………………………………
6 …………………………………
7 …………………………………

* * * *

Model Constitution of a Trade Union


Rules and Regulations of ………… (name of the union)
1. The name of the union shall be the ………… and hereinafter referred to as “the union”.
2. The registered office of the union shall be ……………
3. The aims and objects of the union shall be—
(i) to redress the grievances of members;
(ii) to secure for the members proper conditions of service;
(iii) to persuade the employers to standardise at a fair level the wages of their workmen;
(iv) to prevent any reduction of wages below the permissible level;
(v) to organise and unite the persons engaged in the ………… industry in the …………
city and to regulate the relations of employers and of employees, inter se;
(vi) to provide against sickness, unemployment, infirmity, old age and death;
(vii) to secure compensation for members in cases of accidents under the Workmen’s
Compensation Act;
(viii) to make efforts at settlement of disputes between employers and workmen in an
amicable manner in the interest of continuity of work;
(ix) to provide legal assistance to members in respect of matters or disputes arising out of,
or incidental to, their employment;
(x) to render necessary help to the members during the period of any strike brought about
with the permission of the union or a lock-out;
(xi) to obtain adequate information relating to the ………… industry in India and outside;
(xii) to co-operate and federate with labour organisations having similar objects in India
and outside;
(xiii) to help, in accordance with the Indian Trade Unions Act, the working classes in India;
(xiv) generally, to take such other steps as may be necessary to ameliorate the social,
economic, civic and political conditions of the members;
(xv) to open permanent or temporary centres for the achievement of all or any of the above
objects.
4. Any person engaged in the ………… industry in the ………… (in ………… District) who has
attained the age of 15 years shall be entitled to become an ordinary member of the union on
payment of an admission fee of annas ……… and a monthly subscription of ………… provided
he agrees to abide by these rules and regulations and such other rules and bye-laws as may from
time to time be framed by the union.
5. A member running in arrears of his monthly subscriptions for a period of three months shall
be declared a defaulter and, in the event of his not clearing up the arrears within one month of
such declaration, he shall cease to be a member and his name shall be removed. He may,
however, rejoin on payment of arrears and fresh admission fee.
6. Benefits. No member of the union shall be entitled to any benefits that the union may
decide to give to its members unless he has been a member for at least six months and has paid
all contributions.
7. A member of the union who is in arrears with his subscription or dues shall not be entitled
to any benefits until all arrears have been paid and a period of two months has elapsed from the
date of payment of such arrears.
8. Should the members of the union go on strike without the sanction or approval of the
Managing Committee, they shall not be entitled to any benefits whatever.
9. The union shall keep a register of all its members containing their names and particulars of
their place of work, their residence, etc.
10. The register shall be open to inspection by any member or officer of the union at the head
office during the hours during which the office of the union is open on any weekday excluding
holidays.
11. Executive. The executive of the union shall consist of a President, not more than two
Vice-Presidents, a General Secretary, two Secretaries, a Treasurer, and four more members. All
of them shall be elected at the Annual General Meeting of the union and they shall be eligible for
re-election.
The Executive so constituted shall have power to co-opt two more members.
12. Management of the union. The management of the affairs of the union shall be carried
on by the Executive constituted as above.
13. In the event of a vacancy occurring among the office-bearers or the members of the
Executive, it shall be filled by the Managing Committee by co-option.
14. Any office-bearer of the union or a member of the executive can be removed at the
General Meeting of the members by a three-fourths majority for committing any fraud or having
acted against the interests of the union, provided the office-bearer or the member to be removed
is given reasonable opportunity to explain his conduct.
15. The Executive shall meet once a month or as often as found necessary on such days and
at such place as may be fixed by the General Secretary in consultation with the President.
16. The presence of at least one-third members of the Managing Committee shall be
necessary to form a quorum. No quorum is necessary for adjourned meetings.
17. At least five days’ notice shall be given for a Managing Committee meeting.
18. The President shall preside over all meetings of the union and the Executive, preserve
order, sign all minutes and shall be allowed to give a casting vote only. The President shall have
power if necessary, to call special meetings of the Executive or of the union, whenever
necessary. One of the Vice-Presidents shall function in place of the President in his absence.
19. The General Secretary shall record minutes of all union and committee meetings, conduct
all correspondence, convene all meetings, keep all accounts, exercise a supervision over the
affairs of the union and shall also keep a correct account of all receipts and expenditure. He shall
prepare a balance-sheet annually showing clearly every item of receipts and expenditure. He
shall be responsible for submitting to the Registrar of Trade Unions all returns and notice that
should be sent to that officer under the Indian Trade Unions Act 1926. He shall have power to
engage, in consultation with the President and subject to the approval or confirmation of the
Managing Committee, any assistants for organising and clerical purposes if he considers
necessary, and all such assistants shall be under the control of the General Secretary.
20. The Secretaries shall generally help the General Secretary. One of them shall perform the duties of the
General Secretary in his absence.
21. The Treasurer shall be responsible for all moneys which may from time to time be paid into
the union and for duly banking them. He shall make payments towards all expenditure sanctioned
by the Managing Committee. He shall not have the power to draw money from the bank without
first having the cheque signed by the President or the General Secretary.
22. There shall be held in the month of April or May an Annual General Meeting of all the
members of the union to transact the following business:
(a) to adopt the report of the work done by the union and the audited statement of
accounts;
(b) to elect the office-bearers and other members of the Managing Committee for the
current year; and
(c) to transact such other business as may be brought forward with the permission of the
Chairman.
23. The President may call a General Meeting of the members of the union whenever he
thinks necessary by giving 15 days’ notice to the members and shall call it on a requisition signed
by one-fifth of the total strength of the union within 20 days of the receipt of the requisition. The
quorum for the General Meeting shall be one-third of total membership. No quorum is necessary
for adjourned meetings.
24. The general funds of the union shall consist of the admission fees, subscriptions from
members, donation etc. They shall be deposited in a bank or banks, approved by the Managing
Committee in the name of the union and the account may be operated by the Treasurer and
either the President or the General Secretary. The General Secretary or the Treasurer shall not
keep more than Rs. 50 with him for current expenses.
25. The union shall make the provision for the annual audit of the accounts of the union by
competent auditors appointed by the Executive in accordance with the provisions of trade
regulations applicable to the union.
26. The rules may be amended, altered, rescinded or added to at any time by a majority of the
members present at a General Meeting provided a previous notice of at least seven days is given
to the members of the proposed amendments, etc.
27. (a) The union shall not be dissolved except by the vote of a majority of three-fourths
members present at a General Meeting called for the purpose, provided the total number of votes
cast at such a meeting is not less than two-thirds of the total number of the members then on the
rolls of the union.
(b) On the dissolution of the union the executive shall send a notice of dissolution to the
Registrar in the manner provided by s. 28 of the Trade Unions Act and shall also make
arrangements for winding up the union and to distribute its assets.

Dated this ………… day of ……… 2000

* * * *

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