RULES AND REGULATIONS AS PER THE REGISTERED DEED
Unless the context otherwise requires words, expressions contained in these Regulations shall bear the same meaning as in the West Bengal Societies Registration Act, 1961 or any statutory modification thereof.
ADMISSION:
- The signatories to the Memorandum of Associations & the Office bearers of the Governing Body of the Society shall be first members of the society.
- the Governing Body may admit to membership any person of any caste, creed or sex who has attained the age of 18 years and agreed in writing to be bound by the Memorandum of Association and Regulations of the Society and who in the opinion of the Governing Body will be interested in advancement of the Objects of the Society.It is to be noted that a special category of membership, termed 'Student Membership' has been introduced to involve student towards nature and environmental conservation, as per which Students of different Educational Institutions can get admitted, to the Membership of the Society, upon expression of his/her interest, even if he/she has not attained the prescribed age, provided that he/she has to provide his/her Student ID Card for acquiring membership, and it has to be updated annually, once.
Be it noted here that the power to admit members is the sole and absolute power of the Governing Body and the Governing Body may refuse to admit any person as a member, without assigning, any reason therefore.
TYPES OF MEMBERS:
- Honorary members: Any person, whose connection with the Society is deemed to be useful, may with the consent of such person, be elected as an Honorary member of the Society. Such members shall not, however be eligible, to be a member of the Governing Body nor shall be entitled to vote in a meeting.
- Ordinary Member: Any person, qualified to be a member and paying prescribed ordinary membership fee may be admitted as ordinary members of the Society.
- Student Member: Any person, who is student attained or not the age of eighteen, can be a member of the society after providing his/her valid student ID card. Student member shall not take part in any kind of voting and shall not be a member of governing body until he/she reached the age of eighteen years. But, this member can actively take part in any kind of activities of the society.
- Cessation of Membership: Any member shall cease to be a member (a) on the acceptance of his/her resignation from membership; (b) on his becoming insane or insolvent; (c) on the due of extraordinary subscription fee for one years; (d) on his/her conviction of any offence with the formation, promotion, management or conduct of affairs of society or a body corporate or of any offence involving moral turpitude.
- Register of Members: The Society shall maintain a Register of Members containing the names, address and their occupations, the date of admission and of cessation of membership. The Register will be kept open for inspection of members of the Society on requisition. All entries required to be made therein shall be entered within a period of 15 days.
- Rights and Obligations of Members: Any ordinary member of the Society has the right (a) to elect and to be elected in any election of the Society; (b) to submit suggestion for discussion to the Governing Body and Sub-committee on any matter relating to society; (c) to inspect the accounts and the proceedings of the meetings of the society on appointment with the Secretary; (d) to pay his subscriptions within prescribed time. Defaulting members shall not be allowed to take part or vote in a meeting. Members shall have one vote each.
- Expulsion and Removal: frequent Actions of any member, if found by the Governing Body is detrimental to the interest and is in violation of rules and regulations of the Society, he/she may be after due enquiry, censored, suspended or expelled from the membership by the Governing Body. In that case the Governing Body shall first serve the member concerned with a show cause showing therein the charges framed and ask him/her to submit his statement of defence within a month. On receipt of the explanation the Governing Body shall have the power to take an action against the delinquent member after allowing him/her to defend his/ her case. If no reply of the show-cause is received within a month, the Governing Body may take an Ex-parte decision.
For any act of expulsion or termination of such a member shall be entitled to prefer any claim compensation or damage if proved on subsequent date that such act of expulsion or termination was wrongful and /or unlawful.
GOVERNING BODY:
- Composition, election / appointment, resignation/ removal, terms of office:There shall be a Governing Body consisting of not less than 7 members. The Office hearers of G.B. shall comprise of President, Vice - President, Secretary, Joint Secretary, Treasurer and other Committee members. The Office bearers & other Committee members shall be elected at the A.G.M.
- The resignation and removal of the G.B. members shall be dealt with as has been prescribed as in the case of other members noted herein before.
- The term of the office of the G.B. shall ordinarily be one year unless it is dissolved/terminated early under unforeseen circumstances. After election the old Governing Body will continue to function till the new Body takes over charge which shall under no circumstances be more than 30 days from the date of election.
- A meeting of Governing Body shall be held at least once in three months at such place, date and time, as the President or the Secretary may determine. Any four members of the Governing Body may requisite the meeting and the Secretary shall summon the same, within seven days and failing which the President on the requisitionists may do so provided no business other than specified in the notice shall be transacted at such meeting.
- 7 days notice of the meeting specifying the place, time and the general nature of the business to be transacted shall be given to every member of the Governing Body, Emergency meeting may be called on 24 hours notice. 1/3rd members personally present, shall constitute quorum for the meeting and if a quorum is not present within 30 minutes of the time, members shall adjourn the meeting.
- The President or in his absence the Vice- President shall preside over all meetings of the Governing Body and in their absence members present shall elect a Chairman of the meeting. All questions before the meeting will be decided by a majority of votes, each member having one vote. The President or the Chairman shall have a second or casting vote in addition to his own vote in case of equality of votes.
- The Governing Body shall have general power of supervision and conduct over all the affairs of the society and in particular shall discharge the following duties: (i) To appoint sub- committee with such power and duties as may be considered necessary or expedient; (ii) To accept donation, gift, subscription, movable or immovable property for the objects of the society; (iii) To sell, lease, mortgage or otherwise dispose of and deal with all or any part of the property of the society; (iv) To keep proper accounts of the society and to open bank account in he name of the society in one or more banks; (v) To co-opt. not more than two members of the Governing Body; (vi) To appoint a person or persons on payment to assist the Secretary/Treasurer in the maintenance of account etc; (vi) To conduct any other business not specified herein for the attainment of the object of the society provided such business is not repugnant to such object.
SAFE CUSTODY OF PROPERTIES:
- The Governing Body shall be responsible for the safe custody of the funds, Properties and assets of the society.
- The funds of the society shall be kept in banks / part office Mutual Funds and be invested in any securities specified under Sec 20 of the Indian Trust Act, 1882.
BOOKS OF ACCOUNT & INSPECTION:
The books of account and other statutory books shall be kept at the registered office and shall be open to inspection of the members at such time and place as the Governing Body directs on a written request made by any member.
ACCOUNTING YEAR:
The accounting of the society shall be from 1st day of April or each year to 31st day of March of each year of following year.
GENERAL MEETINGS:
- Annual General Meeting:Notice: The Secretary shall annually call the Annual General Meeting within two months from the end of the last financial year giving at least 14 days' notice to all members. The notice shall contain the place,ndate, day and time of the meeting. Agenda : The business to be transacted at the AGM shall be:(a) to contain the minutes or the last A.G.M. and of Special General Meeting if any, (b) to adopt with or without modification the report of the working of the Society for the previous year (c) to pass audited accounts of the Society for the Previous year ended ; (d) to appoint qualified Auditor or Auditors (e) to transact such business as may be fixed by the Governing Body:(i) to transact such other business as may be brought forward by giving 14 days previous notice from any member ; (g) to conduct general election.
- Quorum of the meeting: 1/3rd members personally present at the commencement of the meeting shall constitute the quorum.
- Manner and method of Meeting: Chairman of the meeting shall decide the mannerand method of voting at the outset of the meeting.
- Special General Meeting: A Special General Meeting may be convened by the Governing Body at any time in view of urgency of the matter. At least 7(seven) days notice shall be given to every member or Special General Meeting.
Members may request the Governing Body for Special General Meeting by placing a requisition signed duly by 2/3rd of total members. In that case, the Governing Body, the requisitionists shall hold such meeting provided no business, other than those specified in the notice shall be transacted.
- Extra-ordinary General Meeting: The Governing Body may direct to convene an Extra –ordinary meeting for consideration of addition, alteration or amendment of the memorandum/regulations of the Society. 7days notice along with the proposed draft of change shall be sent to members before the meeting. The resolution for change, amendment etc of the Memorandum and regulations is carried out if accepted by 3/4th of the members present at the meeting.
POWERS AND DUTIES OF OFFICE BEARERS:
- PRESIDENT:
He shall (a) preside over all meetings of the Society; (b) take all disciplinary actions such as removals, dismissal etc, in consultation with the Governing Body ;(c) advice the Secretary is any matter requiring urgent attention; (d) call emergency meeting.
- VICE PRESIDENT:
The Vice President of the Society shall perform all the duties of the President in his absence.
- SECRETARY:
(a) Secretary will convene meetings of the Governing Body and General Body whenever necessary or called upon to do so.; (b)Issue general circular and notices.; c) receive all membership applications which shall be placed before Governing Body; (d) Secretary will prepare the Membership Register as well as the Proceeding Register to record the minutes of the Proceedings of the Governing Body Meetings and the General Body Meetings and have them duly signed by the members who attend the meetings; (e) Prepare the annual report of the Society; f) Sign on behalf of the Society all receipts for all sums received as subscription etc. ;(g) Sign and give pay orders on all bills for payments; (h) Get the accounts of the Society audited by a Chartered Accountant ;(i) ensure compliance with statutory requirements; (j) Shall perform all the duties as are incidental to that office.
- JOINT SECRETARY:
The Joint Secretary of the Society shall perform all the duties of the Secretary in his absence.
- TREASURER:
(a) All the assets and funds of society shall remain under the care and management of Treasurer of the Society; (b) Treasurer shall maintain the accounts and vouchers of all the money, which is received and/or paid by him on behalf of the Society; (c) Treasurer shall make disbursement in accordance with the direction of Governing Body; (d) The Treasurer will ordinarily hold a cash balance not exceeding INR 5000 (or the amount which may be fixed by the Governing Body of the Society from time to time) to meet the emergent needs relating to the Society; (e) All the cash excess of the above amount (or the amount fixed by the Governing Body) shall be deposited in any Bank(s) selected by the Governing Body of the Society; (f) prepare the budget in consultation with the Secretary, for consideration of the Governing Body.
- JOINT TREASURER:
The Joint Treasurer of the Society shall perform all the duties of the Treasurer in his absence, otherwise will assist the treasurer in his duty.
- MEMBER:
(a) The Member of the Society has the right to elect and to be elected.; (b) The Member of the Society has the right to submit suggestions on any matter related to the interest of the Society; (c) To pay his subscription within the prescribed time; (d) The member is bound to inform the society in writing if he is not able to attend any particular meeting of the Governing Body and/or General Body.
RE-ADMISSION
- In case any member of the Society is expelled by the Governing Body on the reasons of non-payment of the subscription, he can be readmitted, provided the member concerned pays all up-to-date dues with the permission of the Governing Body.
- All the appeals against expulsion of members shall be preferred to the Governing Body of the Society. The decision of the Governing Body shall be final. The decision of the Governing Body shall be communicated to the member concerned.
LEGAL PROCEEDINGS
Society may sue and/or be sued in the name of President shall be in the name of President or such person as shall be appointed by the Committee.
AMENDMENT
The Memorandum and Regulation may be altered, modified, rescinded or added to by special resolutions passed by 3/4th members in a general meeting called for such purpose.
The Governing Body shall have power to frame or repeal any byelaws for the furtherance of the objectives of the Society and for the smooth administration of the affairs of the Society.
DISSOLUTION
The society may, in the circumstances specified under the relevant provisions of the Sec. 24 and 27 of West Bengal Societies Registration Act, 1961, or any Statutory modifications thereof, be wound up and cancelled by the Registrar, after a resolution is passed to that effect, by 3/4th of the members of the Society at a general meeting, and that the same meeting shall also decide the manner of disbursement of funds and assets of the Society, if any, after dissolution.