SCHEDULE ‘C’
RULES AND REGULATIONS ( final draft )
(1) INTERPRETATIONS :-
A) SOCIETY :- Means the ‘Ferrocement Society’ the name of which appears in the Memorandum of Association, and is registered under the provisions of the Societies Registration Act, 1860. The Society shall remain irrevocable at all times.
B) OBJECTS :- Those occurring in Clause No. (4) of the Memorandum of Association.
C) MEMBERS :- Mean those persons who have been enrolled as members of the Society by the Managing Committee, and the names of whom appear in the membership register in the respective category maintained by the Society.
D) MANAGING COMMITTEE:- The Managing Committee shall be a body of Governors, Council, Directors, Committee, Trustees or other body to whom by the Rules and Regulations of the Society the management of its affairs is entrusted.
(2) JURISDICTION :-
Jurisdiction of the Society shall be whole of India and abroad.
(3) MEMBERS OF THE SOCIETY:-
A) Any person who is associated with or interested in the objects of the Society and has given an application in writing for membership to the President / Honorary Secretary shall be eligible to become a member of the Society on his / her paying the requisite subscription/membership fees.
B) Who has accepted in writing the Rules and Regulations of this Society.
C) Whose name has been approved and finalized by the Managing Committee, and who has the right to vote at the General Body Meeting of the Society.
D) The Society reserves the right to enroll new members as per requirement. However, any membership application can be rejected by the Managing Committee without giving any reason whatsoever.
(4) TYPES OF MEMBERS :-
A) Founder Member :-Founder member is a person who is signatory to the Memorandum of Association of the Society, and whose membership fees amount to Rs. 3000/- ( US $ 300 ) until his life.
B) Ordinary Member :-Ordinary member is a person who pays Rs. 500/- per year, ( US $ 50 ), at the time of enrollment of membership.
C) Life Member :-Life member is a person who pays Rs. 3,000/-( US $ 300 ) at the time of enrollment. Such person shall be on the roll of membership of the Society for his life.
D) Corporate Member :-Any Company/Corporation/Partnership Firm/ Enterprise interested in the activity pertaining to Ferrocement Technology may become Corporate Member of the Society by paying subscription/membership fee of Rs. 50,000/- ( US $ 5000 ) towards their life membership. This membership shall be represented by 5 ( five ) members ( max ) of the society.
E) Institutional Member :-Any Society, Trust, Foundation, Institution ( educational / research ) interested in the activity of Ferrocement Technology may become Institutional Member of the Society by paying subscription/membership fee of Rs. 10,000/- ( US $ 1000 ) towards their life membership. This membership shall be represented by 3 ( three ) members ( max ) of the society.
F) Honorary Member :-Any person who has rendered any distinguished services, or who is otherwise enjoying high public esteem, may be invited as an Honorary Member of the Society for such period as the Managing Committee may think fit and proper. An Honorary Member shall be entitled to participate in the deliberations of the Society at its General Meetings, but shall not be eligible to vote on any matter.
G) Student Member :- All interested undergraduate/post graduate/research students, of any educational institute, who are pursuing studies to obtain a degree/diploma/authorized certification , in any branch of science/technology or equivalent, who pays Rs. 100/- ( US $ 10 ) per year, at the time of enrollment of the membership.
(5) CEASING OF MEMBERSHIP :-
A) The Managing Committee shall have power to suspend, and / or remove a member if he / she are found acting prejudicially to the interest, prestige and working of the Society.
B) However, sufficient opportunity shall be given to him/her/such member to submit his/her explanation as to why he/she should not be suspended, and/or removed.
C) If the explanation provided by such member is not found satisfactory to the Managing Committee then his / her membership can be suspended / terminated.
D) If a member voluntarily resigns from his membership / trusteeship, and the resignation is so accepted by the Managing Committee.
E) If an ordinary member does not pay his membership fee for the category in which he is enrolled as member after expiry of his period within 6 months then his membership shall ipso facto be terminated.
F) If a member dies or becomes lunatic.
G) If a member is convicted of an offence involving moral turpitude.
(6) WAY OF FILLING IN VACANCY IN MANAGING COMMITTEE :-
If any vacancy occurs in the Managing Committee members/ trustees on account of disqualification of a trustee or on account of vacancy due to death or resignation or if a trustee desires to be discharged or relieved from trusteeship, and/or if any designation of the Office Bearer is required to be changed, then the continuing or surviving trustees shall appoint a new trustee/Office Bearer in the vacancy caused by majority, from amongst the members. The person so appointed in the vacancy created shall work only for the un-expired period of 2 years.
(7) AUTHORITIES OF SOCIETY :-
The following shall be the authorities of the Society:-
1) The General Body 2) The Managing Committee
(8) GENERAL BODY:-
A) The General Body shall consist of all categories of members.
B) The General Body shall normally meet once in a year or more often.
C) The meeting of the General Body shall be presided over by the President or in his absence by the Vice-President, and in absence of both by a member so elected by the General Body in the said meeting.
D) 1/3rd of the existing members on record shall form a quorum at a meeting of the General Body.
E) If at a duly convened meeting of the General Body, there be no quorum at the time announced for the meeting, the meeting shall be adjourned. The adjourned meeting shall be held after half an hour for which there is no necessity of the requisite quorum. However, the same agenda will be considered at the adjourned meeting.
F) All matters placed before the General Body for which no higher majority is prescribed, shall be decided by simple majority or show of hands, or by ballot, if demanded by 1/3rd or more members present. In case of equality of votes, the President of the meeting shall have a casting vote.
G) The Honorary Secretary on the instructions of the Managing Committee and in consultation with the President shall convene the meeting of the General Body with at least 14 days clear notice. The notice of the meeting shall contain a specific agenda to be discussed at the meeting. The said notice shall be sent “Under Certificate of Posting”, E-Mail, or by any other method as per the choice of the President to all members the names of whom appear on the Membership Register.
H) The General Body at its Annual General meeting shall:-
(1) Consider and approve the Annual Report of the Society as presented by the President.
(2) Consider and adopt the audited statement of accounts for the previous year.
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- Consider the budget estimates of the Society for the following year.
- Consider the resolutions and amendments, referred to it by the Managing Committee or by the member of the Society.
(5) Appoint Auditors for the ensuing year.
(6) Transact such other business as may be brought forward with permission of the President.
(7) Elect members on the Managing Committee after every 2 years.
(9) MANAGING COMMITTEE :-
The management and control of the Society shall be at present vested in a Managing Committee of 6 (six) members. The number of Managing Committee shall be minimum 5 (five) members which can be further extended to maximum 15 (fifteen) nos. as per requirement. All the managing committee members shall work as an honorary members/trustees of the society and render their services without any salary.
The tenure of the Managing Committee shall be of 2 (Two) years. However the old Managing Committee shall continue in office till new Managing Committee is elected as per the Rules and Regulations. After expiry of the tenure the retiring Managing Committee members are re-eligible for contesting the election. The Managing Committee, at present, shall consist of 6 ( six ) office bearers, and others shall be called as the trustees / Managing Committee members. These office bearers shall be elected by the Managing Committee Members amongst themselves.
1) President
2) Vice President ( two numbers )
3) Honorary Secretary
4) Treasurer
5) Project co-ordinator
The Managing Committee is entitled to start the election process by appointing an independent Election Officer, if required, two months before expiry of the tenure of 2 (Two) years. The Managing Committee shall prepare its internal Rules for conducting the elections. The elections will be conducted by the Election Officer so appointed. The notice for the elections shall be signed by the Election Officer and the Secretary jointly. Such notice shall be sent only to all members except honorary members 14 days before the election.
The management committee shall nominate Special Advisors, who have done outstanding work in the field of Ferrocement or any other senior persons, for seeking guidance and co-operation. The special Advisors shall not have any voting rights in the managing committee activities.
(10) MANAGING COMMITTEE :- (MEETING, NOTICE & QUORUM)
A) The President shall preside at all the meetings of the Managing Committee. In his absence the Vice President shall preside over the meeting, and in absence of both the Managing Committee shall elect / select one of its other members to preside over the meeting.
B) 2/3rd members shall form a quorum at the meeting of the Managing Committee. If at a duly convened meeting of the Managing Committee, there be no quorum at the time announced for the meeting, the meeting shall be adjourned. The adjourned meeting shall be held after half an hour for which there is no necessity of the quorum. However, the same agenda will be considered at the adjourned meeting.
C) All matters placed before the Managing Committee shall be decided by 2/3rd majority of votes taken by show of hands. In case of equality of votes, the President of the meeting shall be entitled to a casting vote.
D) The Managing Committee shall meet once in every 4 (Four) months or more often as thought fit and proper.
E) Notice of Managing Committee meeting shall be sent 3 (Three) clear days in advance before the meeting by Ordinary Post or by any other method to be decided by the Managing Committee.
(11) POWERS OF MANAGING COMMITTEE :-
A) To frame regulations consistent with this constitution for:-
1) The conduct of its business and,
2) The conduct of its meeting and,
3) To manage the affairs of the Society.
B) To solicit, obtain and/or accept subscriptions, donations, grants, gifts, devices, bequest and trusts from any person, firm, corporation or institutions or a likewise body.
C) To hold movable and immovable properties of the Society and to administer its funds.
D) To consider and recommend for adoption by the General Body the annual budgetary provisions for the ensuing year of the Society.
E) To prepare the draft of the annual reports and financial Statements of the Society, and recommend the same to the General Body for their sanctions, & to arrange for its circulation among the members.
F) To consider and sanction proposals for extra expenditure.
G) To construct, maintain, extend, improve, repair, alter, enlarge, modify any house buildings or such type of work necessary or convenient for the purpose of the Society.
H) To enter into, vary, carry or cancel contracts on behalf of the Society.
I) To take steps with a view to preventing a member or any other employee from doing anything or acting in any manner or performing any act of commission or omission detrimental to the interest of the Society.
J) To consider and if thought fit, sanction proposals for the appointment of needs of institutions, and members of establishments in each institutions.
K) To appoint, confirm, promote or terminate, and/or transfer the services of any employee/s working in the institute/s and its branches in the interest of the Society, and to fix their salaries and allowances.
L) To appoint advocate/s, retainer/s for giving legal advice to the Society, and for conducting cases, if any, and/or Solicitors, Attorneys, Valuers, Engineers, Contractors, etc. as required from time to time for the performance of the activities of the Society.
M) To appoint any specific Committee for any particular purpose/object under the name to be decided by the Managing Committee, as per requirement, and fix its tenure. To dissolve/ change the members of the Committee if circumstances so require/demand.
N) To amalgamate with any other Society, and / or Trust having similar or in part similar objectives of the Society from India or elsewhere.
O) Provided however that nothing contained herein shall prevent the Managing Committee from reimbursing themselves out of the Society such funds, and all bonafide expenses incurred by them jointly or severally in or about the execution of the Society purposes.
P) The Managing Committee can give scholarships, loans, donations to the needy and deserving students for education who shall be going abroad only for the purpose of education and coming back to settle permanently in India.
Q) To establish Chairs in selected Indian and foreign Universities for researches into diverse areas.
R) The Managing Committee in addition to the aforesaid duties can do the following duties….
- raise funds from individuals and institutions within and outside the country;
- receive grants-in-aid from Government and assistance from different bodies national and international;
- use print and electronic media to disseminate necessary information;
S) Generally to do all such acts and things as may be necessary or desirable in the interest of the Society whether they are expressly provided in the rules or not, to fulfill the objectives.
(12) PROVISION FOR LOAN AND INVESTMENT :-
A) To raise loans, if necessary, on the security of the movable or immovable properties of the Society by taking necessary permission of the Hon. Joint Charity Commissioner, u/s 36A(3) of the B.P.T. Act.
B) To open, invest and operate all accounts of any description with any Nationalised or co-operative bank and to Invest and deal with any money of the Society not immediately required for any of its objects under section 35 of the Bombay Public Trust Act, 1950.
(13) PROVISION FOR PURCHASE AND SELL OF IMMOVABLE PROPERTY:-
A) To acquire by gift, purchase, exchange, lease, hire or otherwise any lands, buildings, assets, rights of any property, movable and/or immovable and any estate or interest for the Society.
B) To purchase, take on lease or otherwise acquire or to give its property on lease or hire as may be deemed necessary or convenient.
C) To sell, dispose off any property or any part thereof as may be considered necessary or convenient in the best interest of the Society with prior permission of the Hon. Joint Charity Commissioner, u/s 36(1) of the B.P.T. Act, 1950.
(14) DUTIES OF OFFICE BEARERS :-
A) PRESIDENT :-
1) To preside over and conduct the meetings of the General Body and Managing Committee.
2) To decide all matters/issues by majority of votes.
3) To take such action or to suggest such proposal which he deems fit and proper in the interest of the Society.
4) The right to call any Managing Committee meeting in case of necessity/urgency.
5) To look after the activities and day to day affairs of the Society.
6) To direct the Secretary to call meetings of the Managing Committee, and General Body as per requirement.
7) The President shall have control over the staff of the Society.
8) The President is entitled to keep in hand an amount of Rs. 10,000/- for day to day expenses.
9) To do all acts in order to promote the general welfare of the Society.
B) VICE PRESIDENT :-
- To look after the activities and day to day affairs of the Society in the absence of the President.
- To suggest ways and new schemes for the betterment of the objects of the Trust.
3) The Vice-President is entitled to keep in hand an amount of Rs. 7,500/- for day to day expenses.
C) HONORARY SECRETARY :-
1) To convene all meetings of the Managing Committee and the General Body as provided in the Rules in consultation, and instructions of the President.
2) To write and record the minutes of the meetings in the proceeding book.
3) To carry on correspondence for the Managing Committee and General Body in consultation with the President.
4) To arrange and keep the records of the Society up-to-date.
5) To keep and maintain a list of the properties of the Society.
6) To maintain the General Registers of the members of the Society.
7) To hold movable and immovable properties of the Society and to administer its funds.
8) To implement the regulations of the General Body and the Managing Committee.
9) To carry out the instructions given by General Body, Managing Committee and President pertaining to the Society.
10) To correspond, and represent the Society in all legal matters by or against the Society and to execute legal documents for the Society, in consultation with Managing Committee.
11) The Secretary is entitled to keep in hand an amount of Rs. 5,000/- for day to day expenses.
D) TREASURER :-
1) To see and maintain accounts of the Society and its institutions.
2) To get the accounts of the Society audited, and present the statement of accounts the Annual General Body.
3) To present the budget to the Managing Committee, for consideration and sanction as provided in the B.P.T. Act, 1950.
4) To perform and to do all the duties in the interest of the Society as assigned to him by the General Body, and the Managing Committee of the Society.
5) The Treasurer is entitled to keep in hand an amount of Rs. 5,000/- for day to day expenses.
E) PROJECT CO-ORDINATOR :-
- To arrange and co-ordinate all activities in co-operation with the Honorary Secretary, regarding seminars, workshops, lectures, research projects, etc and all such activities to promote the technology.
(15) REQUISITION MEETING OF GENERAL BODY :-
Such meeting shall be held at the requisition at least of the 1/5th of the total number of members on roll provided that the request is made in writing to the President stating the business proposed to be discussed. No other business shall be discussed at the Requisition meeting than the specific purpose for which the meeting is being called. The notice for this meeting shall be under the signature of President and is required to be sent 21 clear days in advance to every member.
Decisions shall be taken by a simple majority. The President shall have a casting vote in case of a tie. The quorum for the transaction of business shall be 2/3rd members. In the event of quorum not being present within half an hour for the time set for the meeting, the meeting shall stand adjourned and re-assemble after quarter of an hour. At such adjourned meeting, the rule of quorum shall not apply.
(16) EXTRA ORDINARY MEETING OF THE MANAGING COMMITTEE :-
Such meeting shall be held in extra ordinary circumstances where urgent policy matters/decisions are to be discussed and need to be resolved. The notice for this meeting shall be issued by the Secretary under the instructions of President. This notice will be sent by such mode to be decided by the President. The notice shall be sent 1 day in advance before the meeting.
Decisions shall be taken by a simple majority. The President shall have a casting vote in case of a tie. The quorum for the transaction of business shall be 2/3rd members. In the event of quorum not being present within half an hour for the time set for the meeting, the meeting shall stand adjourned and re-assemble after quarter of an hour. At such adjourned meeting, the rule of quorum shall not apply.
(17) VOTING RIGHTS :-
Every member other than Honorary Member will have the right to vote at the Annual General Body meeting. All decisions will be taken in the General Body Meeting by simple majority. In the event of a tie, the presiding person i.e. the President of the society shall have the power of deciding the issue by a casting vote. In case the President is absent, the vice-President or the senior member of the society, who is present shall preside the General Body meeting.
Ordinary members who are in arrears of their annual subscription will not be entitled to:-
a) Vote at the Annual General Body Meeting.
b) contest the election of the Managing Committee.
c) Propose, second or cast votes in the election.
(18) FUNDS :-
The funds of the Society shall consist of subscriptions, and donations, and such other funds received from whatever source, and the same shall be deposited in any bank/s which includes Nationalised, Multi-National, Scheduled bank/s or Public Securities approved by the Managing Committee.
The income, money and properties of the Society, in whatsoever manner derived, shall be applied solely towards the maintenance, upkeep and improvement of the Society and its institutions / branches and properties of the Society and for the promotion of all or any of the objectives specified above and no portion thereof shall be paid or transferred directly or indirectly by way of profit to the members of the Society, PROVIDED and however that nothing herein shall prevent remuneration in good faith to any member in return for any service rendered to the Society.
(19) ACCOUNTING YEAR :-
The accounting year of the Society shall be from 1st of April to 31st March of subsequent year.
(20) BANK ACCOUNT:-
The Bank Accounts shall be in the name of the Society and shall be operated by any two of the office bearers from President, Vice- President, Treasurer, Secretary. The bank account can also be opened in the name of the Society to be operated individually by any office bearer as per requirement.
(21) CHANGE, AMENDMENT IN THE NAME AND OBJECT :-
To alter, extend, amend or change the name, and/or the objectives of the Society. However, provisions of Sections 12 and 12A of the Societies Registration Act, 1860, shall be complied with.
Any amendment to the Memorandum of Association will be carried out only with the approval of the Asstt. Registrar of Societies, Pune, and Asstt. Charity commissioner, Pune. and Competent Income Tax Authority i.e. the Commissioner of Income Tax, Pune, if so required.
(22) CHANGE IN RULES AND REGULATIONS :-
Any change to be done in the Rules and Regulations will be done by calling special General Body meeting and 3/5th of the total number of members should be present for the said meeting and the said change should be accepted in the said meeting by majority. A copy of proposed change(s) in Rules and Regulations shall be sent alongwith Notice to the members well in advance.
Any amendment to the Rules and Regulations will be carried out only with the approval of the Asstt. Registrar of Societies, Pune, and Asstt. Charity commissioner, Pune. and Competent Income Tax Authority i.e. the Commissioner of Income Tax, Pune, if so required.
(23) LIST OF MEMBERS :-
The list of persons who are members within the meaning of Section 15 of the Societies Registration Act, 1860, shall be maintained in the form of Schedule VI to the Societies Registration(Maharashtra)Rules, 1971, vide Rules 15 thereof.
(24) INDEMNITY :-
A) The office bearers and the members of the Society shall be indemnified in respect of acts done by them for the Society in good faith, and no office bearer or member of the Society shall be liable for such act done by any other office bearer, or member of the Society.
B) No act or proceedings of the Society shall be deemed to be invalid by a reason merely of any vacancy in and/or defect or deficiency in the construction of Memorandum of Association of the Society/ Rules and Regulations thereof as the case may be.
(25) SEAL :-
There shall be a common Seal of the Society which shall be affixed at the discretion of Managing Committee to such deeds, contracts, agreements and official letters, documents or statements of whatever nature where requires the sanction of the Managing Committee.
(26) PROVISION FOR EXPENSES TO BE INCURRED ON OBJECTS :-
If any amount is collected for some specific object, the said amount can be 100% spent for that object. Alternatively, such amounts can be spent on other objects as approved and decided by the Managing Committee from time to time.
(27) DISSOLUTION :-
If for any reasons it is decided to dissolve the Society, the provision of sec. 13 and 14 of the Societies Registration Act, 1860, shall be complied with.
In the event of dissolution the surplus assets / funds of the Society as would remain after discharging all liabilities shall be transferred to any other Public Charitable Institution/Society having similar objects, and also registered u/s 12A of Income Tax Act, 1961, and the same shall not under any circumstances be distributed among the members.
: C E R T I F I C A T E :
Certified that this is the true and correct copy of the Rules and Regulation adopted by
____________________________ to the best of our knowledge and belief.
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PRESIDENT SECRETARY TREASURER