CONSTITUTION
OF THE
MALAYALEE ASSOCIATION - INDIRAPURAM (REGD.)
1.
NAME
The name of
the society shall be "MALAYALEE
ASSOCIATION - INDIRAPURAM” (Hereafter referred to as the 'MAI').
1(a). DEFINITIONS
Area: The specified area of the MAI
will be the locations covering Indirapuram in
Ghaziabad District of Uttar Pradesh.
Executive Committee: The
Managing Committee of the MAI as defined in Clause 7.
General Body: General Body of the MAI as
defined in clause 12(A)
2.
ADDRESS
The
Registered office of the MAI shall be in Indirapuram
and its address shall be the residential address of the General Secretary of
the MAI until the MAI acquires its own premises on rent or purchase. The
jurisdiction of the MAI shall be within Ghaziabad district only.
3.
AIMS &
OBJECTIVES:
The
Objectives of the MAI shall be:-
i)
To promote the welfare of those
residents in Indirapuram whose mother tongue is
Malayalam (Hereafter referred to as Malayalee).
ii)
To create and foster a sense of
fraternity and spirit of co-operation among Malayalee
residents in Indirapuram.
iii)
To arrange social, literary,
sports and cultural functions for the benefit of members of the MAI and Malayalees in general and for the advancement of Malayalam
language.
iv)
To encourage and promote artistic
self-expression through dramas, films, dances, music and other cultural
activities and to arrange for education and training in such arts.
v)
To popularise
the fine arts of Kerala.
vi)
To provide a forum for exchange
of thoughts on the social, cultural, economic and educational problems of the
country at national level in general and with particular reference to Kerala
and to associate with other organisations for the
purpose.
vii)
To establish bonds of friendship
and cordiality with other cultural organisations and
linguistic communities with a view to promoting the national integration.
viii)
To promote the educational
advancement of Malayalees residing in Indirapuram.
4.
MEMBERSHIP
i)
Every Malayalee
or person related to a Malayalee by parentage
(including legal adoption) or marriage; who is above the age of 18 and who
agrees to pay the prescribed subscription and to abide by the rules and
regulations of the MAI, shall be eligible for membership of the MAI.
ii)
There shall be two kinds of
membership as given below.
(a)
LIFE
MEMBERSHIP: A life member shall be one who pays a one
time membership fee of Rs. 1000/- (Rupees one thousand only) in lump sum with
no annual subscription fee.
(b)
ORDINARY MEMBERSHIP : An ordinary member shall be one who pays a
one time membership fee of Rs. 100/- (Rupees One hundred only) and an annual
subscription fee of Rs.100/- (Rupees hundred only) for the year in advance or a
monthly subscription fee of Rs. 10/- (Rupees ten only) on or before 15th
of every month.
iii) REFUSAL FOR ADMISSION TO MEMBERSHIP
The
Executive Committee of the MAI reserve the right to refuse admission to any
applicant for membership in the MAI without assigning any reason therefor, provided the same shall be ratified in the next
General Body Meeting. But no member,
once admitted, shall be expelled from the MAI unless the matter is put to vote
at a General Body Meeting of the MAI attended
by 50% of the total members and passed by 2/3rd majority,
after giving due notice to the member concerned on the proposed expulsion.
iv) TERMINATION OF MEMBERSHIP
The
membership of a member shall be terminated under any of the following circumstances :
·
Death of the member
·
Member became insane
·
Member is convicted by court of
law
·
Member is declared insolvent by
court of law
5.
PATRON
Any highly
distinguished person
may be nominated by the General Body as Patron of the MAI. The tenure of the Patron will be coterminous
with that of the Executive Committee.
6.
DEFAULTING
MEMBERS
i)
Any member who is in arrears of
subscription for a period of six months automatically ceases to be a member
without any notice. Such a member can be
re-enrolled as a fresh member.
ii)
No member who is in arrears of
his subscription for six months or more shall participate in any proceedings of
the MAI or shall have voting rights without clearance of arrears due.
7.
MANAGEMENT
The
management of the MAI shall vest in an Executive Committee consists of one President, one Vice-President, one
General Secretary, one Joint Secretary, One Treasurer, One Joint Treasurer and
nine executive members elected by the General Body.
8.
POWERS AND
FUNCTIONS OF THE OFFICE BEARERS
No person
shall hold the same office for more than two consecutive terms. The powers and functions of the office
bearers are as follows:
(A)
PRESIDENT
The
President shall be the executive head of the MAI. The President shall preside over the meetings
of the Executive Committee and the General Body. The President shall have the powers to allow
or not to allow any matter which is not listed in the agenda to be deliberated
in the Executive Committee meeting or the General Body meeting.
(B)
VICE
PRESIDENT
The Vice
President shall assist the President in his duties. In the absence of the President, Vice President
shall perform the duties of the President.
(C)
GENERAL
SECRETARY
The General
Secretary shall convene the Executive Committee meeting on the advice of the
President and shall convene the General Body meeting on the advice of the
Executive Committee. The General Secretary shall be the custodian of membership
registers and activity reports and shall record and maintain the minutes of the
Executive Committee meeting and the General Body meeting. The General Secretary shall issue all the
circulars and notifications of the MAI.
(D)
JOINT
SECRETARY
The Joint
Secretary shall assist the General Secretary in his duties. In the absence of the General Secretary,
Joint Secretary shall perform the duties of the General Secretary.
(E)
TREASURER
The
Treasurer shall be the custodian of the funds of MAI and he shall deposit the
same with the bank. The Treasurer shall
release the funds for various activities of the MAI on demand from the
President and the General Secretary together and shall maintain all the records of
accounts.
(F)
JOINT
TREASURER
The Joint
Treasurer shall assist the Treasurer in his duties. In the absence of the Treasurer, Joint
Treasurer shall perform the duties of the Treasurer.
9.
MEETINGS OF
THE EXECUTIVE COMMITTEE
The
Executive Committee shall meet as often as necessary but at least once in a
month. The executive committee shall
also meet if requisitioned by at least eight members of the Committee.
i)
The quorum for a meeting of the
Executive Committee shall be eight or 50% whichever is less.
ii)
No quorum shall be necessary for
the meeting of the Executive Committee called after two consecutive
postponements for want of quorum provided such postponements have a gap of at
least seven days each.
iii)
Notice of a meeting of the
Executive Committee shall be given to every member at least three days before
the date of meeting provided that in an emergency, a meeting may be convened at
shorter notice.
iv)
The President or in his absence
the Vice-President shall preside over such meetings. If none of them be present, the committee
shall elect as its Chairman a member other than an office bearer.
10.
POWERS AND
FUNCTIONS OF THE EXECUTIVE COMMITTEE
The
Executive Committee shall have full powers to regulate and conduct the affairs
of the MAI and subject to the rules for the time being in force shall have :
i)
Control over all expenditure
provided for in the budget and power to incur in special cases expenditure 25
percent in excess of the total budget allotment, provided such expenditure
shall be approved by the General Body, at its next meeting, and provided
further that 20% of the general revenue is credited to a Permanent Reserve Fund
which shall be utilised only for acquiring assets
such as land, buildings, furniture, fixtures and other office and stage
equipment, etc..
ii)
Power to co-opt any one from
among the members of the MAI to fill vacancies occurring in the Executive
Committee; provided the total number of co-opted members shall not exceed three
at a time.
iii)
Power to remove from the
Executive Committee any member who fails to attend three consecutive meetings
of the Committee without leave or whose subscription is in arrears for more
than six months and the same shall be intimated to all members of the MAI.
iv)
Make collection of subscriptions
and donations.
v)
Organise social,
cultural and other activities for the benefit of the members.
vi)
Power to do any other activity,
subject to the provisions in the Constitution, in the interest of the MAI,
provided the same shall be ratified in the next General Body Meeting.
vii)
The Executive Committee or any
member thereof shall not violate or circumvent any decision of the General
Body.
viii)
The Executive Committee shall not
involve in any kind of illegal activities.
11.
MEMBERSHIP
REGISTER AND DEVOLUTION OF MEMBERSHIP SUBSCRIPTION
i)
The Executive Committee shall maintain
separate registers for Life Members and Ordinary Members.
ii)
Life membership fee and Ordinary
membership fee shall be deposited or invested by the Executive Committee with a
Scheduled/Nationalised Bank and which shall be utilised only for acquiring assets such as land, buildings,
furniture, fixtures and other office and stage equipment, etc.
12.
GENERAL BODY
MEETING
(A)
GENERAL BODY
All life
members and ordinary members of the MAI shall constitute the General Body of
the MAI
(B)
ORDINARY
MEETING
There shall
be a meeting of the General Body at the
beginning of every quarter starting with April, July, October and January to
transact the following:-
i)
Confirmation of the minutes of
the previous General Body meeting.
ii)
Consideration and adoption of the
Annual Report on the working of the MAI together with the audited accounts of
the previous year.
iii)
Election of the Internal Auditor
to audit the accounts of the MAI.
iv)
Approval of the budget estimates
for the next year.
v)
Deliberations regarding the organisation of cultural events and other activities on the
occasion of Onam Festival.
vi)
Consideration and adoption of the
Interim Report on the working of the MAI together with the audited accounts of
the current year.
vii)
Finalisation of the
election schedule for electing the Executive Committee for the next
year.
viii)
Election of the Executive
Committee, due once in a year.
ix)
Appoint Trustees and/or
Sub-Committees for specific purpose whenever necessary.
x)
Consideration of any other matter
for which previous notice has been received and included in the agenda or any
other matter with the permission of the Chairman of the meeting.
(C)
SPECIAL
MEETING
A special
meeting of the General Body may be convened either under the direction of the
Executive Committee or on the written requisition of 1/3rd of the total number of
members for consideration of any matter
which is serious enough to be deliberated in the General Body and is within the
scope of the MAI. Every special meeting
convened on a signed requisition shall be held within 30 (thirty) days of the
receipt of such requisition.
(D)
PROCEDURE
FOR GENERAL BODY MEETING
i)
Notice: Notice of the meeting of the General Body
shall be given together with the agenda by the General Secretary to all the
members at least 7 (seven) days before the date of meeting.
ii)
Quorum: The quorum for a meeting of the General Body
shall be 1/3rd of the total number of members. The President or in his absence
Vice-President shall preside over the General Body Meeting. In the absence of both of them one of the
members of the Executive Committee other than an office bearer shall be elected
by the General Body to preside over the meeting.
iii)
All proposals at the meeting
shall be decided by a majority of votes of the members present and voting except otherwise provided.
In case of a tie the President shall have a casting vote.
iv)
Written notices of resolutions
intended to be moved at a General Body meeting shall be addressed to the
General Secretary and must reach him three days before the date of meeting,
duly signed by proposer and seconder.
v)
A General Body meeting adjourned
for want of quorum shall be held within fifteen days. No quorum shall be necessary for an adjourned
meeting; and
vi)
In the case of an extraordinary
General Body meeting at the written request of members the quorum shall be 1/3rd
of the total number of members , and if there is no
quorum within half an hour of the appointed time the meeting shall be abandoned
and no adjournment shall be admissible.
(E)
ELECTION OF
THE EXECUTIVE COMMITTEE
i)
The Executive Committee
consisting of one President, one Vice-President, one General Secretary, one
Joint Secretary, one Treasurer, one Joint Treasurer and 9 (nine) members of the
Executive Committee shall be elected by the General Body meeting called for the
purpose once in a year. The General Body shall also elect an Internal Auditor
to audit the accounts of the MAI. All
life and ordinary members of the MAI who have been members at least six months
preceding the date of election are eligible to be elected to the Executive
Committee.
ii)
The Executive Committee shall
appoint a Returning Officer for the conduct of the election. Necessary funds, volunteers and other
assistance shall be provided by the Executive Committee in this regard. The Returning Officer shall invite
nominations from candidates indicating the details of procedure and process
adopted in this regard. The General
Secretary shall provide a complete list of members eligible to participate in
the election, indicating names, addresses, membership fee receipt numbers and
dates well before the issue of Election Notice.
iii)
The Returning Officer shall
conduct the election in a free and fair manner by secret ballot on the
principle of one vote for each member for every post vacant for the election of
office bearers. In the case of election
of Executive Committee members, a member shall have only one vote irrespective
of the number of posts and in the event of a tie second preference votes shall
be counted. The Returning Officer shall
be the final arbiter in all matters regarding the election and his role ends
with the declaration of election results.
iv)
Vacancies occurring in the
Executive Committee in between two General Elections may be filled up by the
Executive Committee at a meeting held after due notice of the proposal to the
Committee members. Not more than three
vacancies shall be filled in this manner at a time.
v)
Preponement of the
General Election of the Executive Committee before the expiry of the normal
period of one year shall be made only if such decision is taken by the existing Executive
Committee in a meeting held after due notice of the proposal and if such a
meeting is attended by more than 50% of the total members of the Committee and
the proposal accepted by a majority of the members attended.
13.
FUNDS
i)
The funds shall be generated in
the following manner : a) Life & Ordinary
memberships, b) Monthly & Annual
subscriptions, c) Donations & Gifts.
ii)
The funds of the MAI shall be
deposited in a Scheduled/Nationalised Bank approved
by the Executive Committee.
iii)
Cheques for
withdrawals or payment shall be signed by the Treasurer along with the
President or the General Secretary.
iv)
The Treasurer shall not keep more
than Rs. 1000/- (Rupees one thousand only) in cash.
v)
The Treasurer can authorise expenditure upto Rs.
1000/- (Rupees one thousand only) under the instructions from the President or
the General Secretary.
vi)
Monthly accounts shall be
submitted to the Executive Committee by the Treasurer.
vii)
The Treasurer shall submit to the
Executive Committee every quarter a statement of accounts duly verified by the
Internal Auditor. Such statements of
accounts are to be submitted for quarters ending 31st March, 30th
June, 30th September and 31st December every year.
14.
AUDIT OF
ACCOUNTS
i)
The accounts of the MAI shall be
audited once at the end of every calendar year by a Chartered Accountant
appointed by the Executive Committee.
ii)
The Internal Auditor elected by
the General Body will audit the accounts of the MAI and submit quarterly
reports to the Executive Committee.
iii)
Audited accounts of the MAI shall
be circulated to all members of the MAI.
15.
MAI’s YEAR
The MAI’s
year shall be from 1st April to 31st March.
16.
INTERPRETATION
OF RULES
The General
Body shall be the final authority for interpreting these Rules and regulations.
17.
BY-LAWS
Subject to
provisions of this Constitution, the General Body may make by-laws or
subsidiary rules as it considers necessary for the proper and efficient working
of the MAI.
18.
RESIGNATIONS
i)
Members of the Executive Committee
and all office bearers other than the General Secretary shall submit their
resignations to the General Secretary who shall place it before the Executive
Committee for its consideration and further action.
ii)
The resignation of the General
Secretary shall be submitted to the President who will place it for
consideration of the Executive Committee.
iii)
Members of the MAI shall submit
their resignations to any of the Executive Committee Members who shall place it
before the Executive Committee for its consideration and further action.
iv)
All MAI dues must be cleared and
property, if any, returned before the resignation can be accepted.
v)
An office bearer of the Executive
Committee shall in addition have to formally hand over charge to the General
Secretary. In case the General Secretary
resigns, he shall hand over charge to the President or a person duly authorised by the President.
19.
IMPEACHMENT
Impeachment
option shall be exercised by the General Body when the Executive Committee as a
whole or any of its members violates the constitution of the MAI. Impeachment
motion shall be moved against the Executive Committee as a whole or against any
of its members individually.
(A)
PROCEDURE
FOR IMPEACHMENT
A special
meeting of the General Body shall be convened on the written requisition of 1/3rd of the total number of
members for consideration and
deliberations of the impeachment motion.
The quorum for such meeting shall be 2/3rd of the total number of members. Impeachment motion shall be declared passed
only when it is carried by 2/3rd majority of the members
present. Once the impeachment motion is
passed by the General Body Meeting, the Executive Committee as a whole or its
members individually against whom the motion is passed,
ceases to be member of the Executive Committee of the MAI.
20.
AMENDMENT OF
RULES
The Rules
and Regulations of the MAI may be enlarged, abridged or amended at a meeting of
the General Body specially convened for the purpose and passed by 2/3rd
of the members present and voting at the meeting. The quorum for such meeting shall be 2/3rd of the
total membership of the General Body.
21.
DISSOLUTION
If for any
reason a |General Body meeting of all Ordinary and Life members of the MAI
convened for dissolution of the MAI decides in the affirmative, the assets of
the MAI shall be disposed of in such a manner as may be determined at such
meeting. But no decision on dissolution
shall be valid unless it is carried by a 3/4th majority at a meeting
attended by not less than 2/3rd of the members and ratified likewise
at two such consecutive monthly meetings, the date for such meetings having
been decided at the previous meeting.
The Executive Committee shall be in charge of liquidation whereby the
assets and liabilities shall be disposed of as decided by the aforesaid General
Body Meeting.
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