Format of Memorandum and Rules and Regulation of Charitable Society. Documents for formation of Charitable Society.
Format of Charitable Society is given below. A Charitable Society can be Registered with the Registrar of Societies. The application should be submitted with complete supporting documents.
MEMORANDUM OF ASSOCIATION
1.0 NAME :
1.1 The name of the Society (herein after called the Society) shall be SOCIETY.
1.2 Registered Office and Headquarters of the Society.
The registered office of the Society shall be situated at
and shall remain in State of Delhi.
2.0 AIMS AND OBJECTS :
2.1 To promote, establish, construct, support, maintain, run, assist in setting up claim of Primary, Secondary, Senior Secondary Schools and higher education, institutes for technical, professional, vocational training form. Common people irrespective of caste, creed, religion or sex. These should be promote/run on no profit basis after the approval from competent authority.
2.2 To develop libraries, laboratories, reading rooms, boarding and lodging facilities, audio-visual aids and other modern techniques to help the faculty members and students in order to meet the requirement of best quality education.
2.3 To diffuse the knowledge about sanitation, sports, yoga, cultural heritage of India and to keep up morals and value of human life apart from the course/syllabus.
2.4 To make necessary arrangement for well trained staff, faculty members, to maintain and run the school /institutions in adequate manner.
2.5 To organise various study tours and provide assistance and aids to students for the practical studies at different places in order to make them practical knowledge.
2.6 The Society will setup educational institutes in various states and will also go for deemed university status, only educational.
2.7 To publish books, periodicals and bulletins for spread and advancement of education and Indian culture.
2.8 To apply and obtain affiliation or recognition from Government or semi government body, or any autonomous body or franchise of any school or institute in lawful manner to achieve the objectives.
2.5 To give or grant scholarships and / or aids to poor and deserving students and scholars.
2.9 To engage/ employ and remunerate persons for carrying on the work of the society on such terms as may be determined from time to time.
2.10 To receive and accept donations and contributions in cash or kind from any person(s)/society, Trust/Firm/Institute or company for the furtherance of the aims and objects of the society and upon such terms and conditions to be determined from time to time.
2.11 To sell, let, lease, mortgage, gift, dispose off, develop, build or alter or improve or turn into account all or any of the property or assets of the society as may be though expedient with a view to the promotion of its objects.
2.12 To buy, purchase, take on lease or in exchange, hire or acquire any moveable or immovable property of any tenure or description and any estate or interest thereon any rights and privileges which the society may think necessary or convenient for the promotion of its object, and to construct, maintain and alter any building or portions necessary or convenient for the work of the Society.
3.0 To borrow or raise money from Banks and Financial Institution from time to time at reasonable rate of interest with or without security for the purpose of carrying on the aims and objects of the society on such terms and by giving such security as may be determined from time to time by the Society.
3.1 To invest monies of the society which cannot be applied immediately or at any early date for carrying on the aims and objects.
3.2 To open and close accounts in the name of the Society in any Scheduled Bank, Post Office or in any other financially sound institution (s), and to operate such accounts and otherwise deal with the same.
3.3 To do all acts, matters and things as are incidental or conducive to the attainment of the above aims and objects, or any one or more of them.
4.0 “All the incomes, earnings, moveable immovable properties of the society shall be solely utilise and apply towards the promotion of its aims and objects only as set forth in the Memorandum of Association and no profit on there of shall be paid or transferred directly or indirectly by way of dividends, bonus profits or in any manner whatsoever to the present or past members of the society or to any person claiming through anyone or more of the present or the past members. No member of the society shall have any personal claim on any moveable or immovable properties or the society or make any profits, whatsoever, by virtue of his/her membership.”
4.1 To institute, conduct, defend, compound, withdraw, compromise, adjust refer to arbitration or abandon any legal or other proceedings, claims or disputes, by or against the Society or Members or against its officers or employees concerning the affairs of the Society and to sign and verify Plaints, written statements, execution petitions, affidavits and other documents whatever be the society members deems fit.
5. Managing/Governing Body/Executive Committee :- The names, addresses, occupations and designations of the present members of the governing body to whom the management of the society is entrusted as required under Section 2 of the societies Registration Act, 1860, as applicable to the State of Delhi are as follows :- The society has been promoted by ______ and therefore invariably 4 members out of 7 will be appointed by the trust.
6. DESIROUS PERSONS :
We the undersigned are desirous of forming a society namely “_______________________________” under the Societies Registration Act, 1860 as applicable to the state of Delhi in pursuance of this memorandum of association of the society.
RULES AND REGULATIONS OF _______________________ SOCIETY
1. REGULATIONS :
In these rules and regulations unless there is anything repugnant to the subject or context :-
I. “ SOCIETY” SHALL MEAN “ SOCIETY”.
II. “ACT: MEANS the Society Registration Act XXI of 1860 as applicable to State of .
III. “EXECUTIVE COMMITTEE”: SHALL MEAN “THE EXECUTIVE COMMITTEE OF ______________ SOCIETY.”
IV. “REGULATIONS” SHALL MEAN the “REGULATIONS AS HEREINAFTER PROVIDED OR AS MAY BE AMENDED FROM TIME TO TIME.”
1. Name SOCIETY
3. Area of Operation: To be decided from time to time.4. MEMBERSHIP :
Will be open to all who subscribe to the aims and objects of the society to the approval of executive committee.
5. CONSTITUTION OF SOCIETY :
There shall be the following classes of members :-
a) The subscribers of the Memorandum of Association of the society.
b) Such other persons as the General Council/Executive Committee of the society may at any other time and from time to time invite to become members of the society.6. TERMINATION OF MEMBERSHIP :
Membership of the society of a member may be terminated in any of the following circumstances :-
(i) If the member ceases to hold qualification as provided under the bye-laws.
(ii) If the member being found guilty by a court or justice for any offence which involves moral turpitude.
(iii) By default in payment of subscription for more than 3 months from due date.
(iv) If the member submits his/her resignation by giving 30 days notice in writing to the Secretary and has paid all the claims of the society against him.
(v) By expulsion, as provided hereinafter under the ground of undesirable conduct.
(vi) In the event of his becoming insane.
(vii) By death.7. OFFICE BEARERS :
The Executive Committee consists of the following :-
1. One President.
2. One Secretary Cum Treasurer
3. Five members of the Executive Committee
8. DUTIES AND POWERS OF THE OFFICE BEARERS :
1. The President
a) shall be the Chief Executive of the society.
b) shall guide and control the activities of the society.
c) shall preside over all the meetings of the society or its Executive Committee.
d) shall have powers to call the meetings of the Executive Committee and all general meetings.
e) shall be the inspo-facto member of the committees.
f) shall in addition of his ordinary vote, have a casting vote, in case of equality of votes.
ii) The Secretary Cum Treasurer
a) shall be overall-in-charge of Society’s office.
b) shall represent on behalf of the society before the various forums, courts, Government / Semi Government Authorities for apply and obtain registration, and other works of society, filling of return and conduct all correspondence.
c) shall arrange to collect the money of the society and deposit the same in bank or banks approved by the Executive Committee to the credit of the society.
d) shall be responsible for the collections of all subscriptions and contributions due to the society.
e) shall dispose off the bills for payments as authorise by the President or any authorise signatory appointed by the Executive Committee.
f) shall be responsible for keeping up to-date the accounting of the society with all the account books posted up to date.
g) shall get the accounts audited by the Auditors of the Society.
h) shall prepare quarterly statements of accounts to be placed before the Executive Committee for approval.
i) shall prepare a budget to be presented before the Executive Committee and then for approval at the Annual General Meeting,
j) shall organise, arrange and convene meetings, conference, lectures, seminars, symposium and demonstrations,
k) shall attend meetings of the Executive Committee and keep proceedings thereof.
l) shall be an ex-officio member of the standing committee,
m) shall maintain a correct and up to date register of all members of the society.
n) shall bring any matter, which will be consider necessary and in the interest of the society, to the notice of the executive committee for guidance and decisions, with the approval of the President.
o) shall arrange an inventory of all the assets of the society.
p) In the absence of President, Secretary cum Treasurer will determine the quorum and any of the present member will hold the meeting. The secretary cum treasurer will record the minutes of the meeting and circulate to all the members of Executive Committee.
9. ELECTIONS :
Election procedure for the office bearer of the Executive Committee shall be as follows :-
a) It will be held in Annual General Meeting of each year.
b) Notice of election will be sent by the Secretary cum Treasurer by post to every member 30 days in advance inviting nominations for the various posts. The nominations will be proposed and seconded by members of the society and must be accompanied with the written consent of the candidate proposed. The nominations must reach the Secretary 15 days in advance. Disputed nominations will be referred to the Executive Committee for final decisions.
c) any nomination may be withdrawn up to 5 days before date of election, if required.
d) Election will be held through Secret Ballot.
e) Two of the senior most members present will be called upon by the President to act as retiring officer.
f) The result will be announced just after the counting.
g) The decision of the retiring officers will be taken as final.
h) The ballot papers will be destroyed after the announcement of the results.
i) The filing of the nomination of withdrawal by the candidate should necessarily be supported by the documentary proof such as registered post/under certificate of postings or receipt of having handed over personally to the Secretary.
j) If no nominations for a particular office has been received by the
Secretary in time the same will be proposed and filed on the floor.
k) If any office bearer dies or leaves the Society due to transfer or other reasons during the mid-session, his/her place will be filled by nominee selected by the Executive Committee.
10. MEETINGS :
There shall be three kinds of meetings.
a) Ordinary General Meeting
b) Extraordinary General Meeting.
c) Annual General cum Election Meeting
i) Ordinary General Meeting
There will be a meeting usually once in every three months for which a notice will be issued at least two weeks before the date. The general body will consist of all the members of the society.
ii) Extraordinary General Meeting
a) An extraordinary general meeting may be called at the instruction of the President or by the Executive Committee whenever they think necessary and shall consider election or representative to various bodies or only such business as the committee may place before it.
b) The meeting shall also be called :-
i) for the purpose, on the request by the nominee of one third of the elected members of the executive.
ii) or on a requisition of 2/3rd members of the society. A meeting convened by requisition shall be fixed for a date not later than three weeks from the date of the receipt, of requisition at the society office or by the Secretary. The requisition shall specify the business of the meeting and no other business shall be transacted at such a meeting.
c) The notice of the extraordinary general meeting shall contain explicitly the nature of business to be transacted at the meeting. A notice of 10 day shall be necessary for an extraordinary general meeting.
iii) Annual General cum Election Meeting
The annual general cum election meeting shall be held with 6 months from the closure of the year. The business to be transacted at the general annual cum election meeting shall be :-
a) to adopt the annual reports of the executive committee.
b) audited accounts of the proceeding financial year.
c) to appoint auditors for the next year
d) to consider any other business that may be laid before the meeting by the Executive Committee provided the Secretary has given notice of such business to the members seven days before the meeting.
e) to consider any other proposals by a number of members provided that the proposer has given three weeks notice in writing thereof, Clearly stating his proposals to the Secretary and also provided such proposals have been circulated to the members seven days before the date of annual general cum election meeting.
f) to add, alter or repeat rules and by-laws provided due notice has been given as under section (d) and (e) above. These amendments should only effective if carried by the 2/3 rd of the majority of the members present and voting.
11. QUORUM :
One third (1/3th) of the total strength of the membership of the society will form a quorum.
12. For financial and other purposes, the Society year shall be from 1st April to 31st March of the following year.
13. MEMBERSHIP SUBSCRIPTION :
a) Will be Rs.500/- (Rupees Five hundred only) per annum. The subscription fees shall be paid before the 30th April for the year. The rate of subscription may be revised as and when required with the approval of 2/3rd of majority present at the general meeting convened for the purpose.
b) members must clear their dues latest by 30th April failing which they will loose the right on voting or to stand for any office.
c) the new member shall have the right to vote at the annual meeting if, he has satisfied the conditions mentioned in the previous paragraph.
14. EXECUTIVE COMMITTEE MEETING :
a) The executive committee will meet at least four times during the year and as and when it is considered necessary by the President. The last meeting of the executive committee will consider the report of the Secretary, the account by the Treasurer and activities of various sub-committee.
b) One third of the total strength of the executive committee will be the quorum.
c) soon after the annual general meeting, the executive committee shall meet to prepare a programme and budget for the year and shall put it before the next monthly meeting for its approval.
d) all payments shall ordinarily be made by cheques signed jointly by the Secretary cum Treasurer and President or any authorised member.
15. PROCESS OR CHANGES IN RULES AND REGULATIONS OF THE SOCIETY
Any proposed amendment, addition or deletion of these rules shall be :-
a) proposed in writing, and include in the agenda of a regular meeting of the society.
b) passed by the two third majority of those present at that meeting.
c) confirmed by a simple majority of those attending a meeting of the society at which the proposed change was included in the agenda. However, any amendment in Memorandum of Rules will be carried out in accordance with procedure laid down under section 12 and 12A of the “Act.”
16. ACCOUNTS :
a) The accounts will be maintained by the Secretary cum Treasurer of the Society. He will submit a Statement of accounts at the annual general cum election meeting after getting it audited by the auditors to be appointed for one year in Annual General Meeting, and passed by the executive committee.
17. FUNDS :
All the funds of the society or of any of its institutions shall be deposited in such nationalized banks, and in such a manner, as the committee shall determine by resolution. All property, funds, donations etc. of the society and its institutions shall be the property of the society under the management of the committee and no individual member of the society or committee shall have any rights over them. The bank account will be operated jointly by either President or Secretary or any member.
18. SUITS :
The society may use or may be used upon in the name of the President/Secretary cum Treasurer in this behalf as per provisions laid down under section 6 of the “Act” as applicable to State of Delhi.
19. RECORDS OF THE SOCIETY :
The society shall maintain all the records under the provisions Society Act, 1860 Rule 21 and all the records of the society shall be kept in the Society’s office.
The society shall be dissolved as per U/s 13 and 14 of Society Registration Act, 1860.
21. APPLICATION THE ACT
All the business of the “Act” shall apply to the Society.
22. ESSENTIAL CERTIFICATE
“Certified this is the correct copy of Rules and Regulations of the Society.
President Secretary Cum Treasurer Member