Bye-Laws

 

(II Amendment, Approved by the Council on 19.4.92 and By The District Registrar & Head of Notary Services on 11.2.1993)

 

 

1.         DEFINITION OF TERMS

 

1.1              SOCIETY                         :- Society means PEACEFUL SOCIETY

1.2              CENTRE                          :- Center means center run by the Society.

1.3              ORDINARY  MEMBER      :- Ordinary member means the members of the Society.

1.4              ACTIVE MEMBER :- Active Member means a member of the Council of the Society.

1.5              SENIOR MEMBER  :- Senior Member means  the senior member of the Council of the Society.

1.6              COMMITTEE                   :- Committee means the Executive Committee of the Society.

1.7              COUNCIL                        :- Council means the convention of the General Assembly.

1.8              SESSION                         :- Session means the session of the council.

1.9              CENTRE IN CHARGE         :- Center Incharge means the head of the Center.

1.10           PROGRAMME                 :- Programme means the programme mentioned in the memorandum and decided by the committee.

1.11TRAINING CAMP                  :- Training Camp means the camp organised with the objectives of training the active members and preparing the workers for the Society.

1.12           ANNUAL BUDGET           :- Annual Budget means annual budget of the Society.

1.13           TENURE                          :- Tenure means the tenure of the Executive Committee and the office bearers of the Executive Committee

1.14           OFFICE BEARER              :- Office bearer means the office bearer of the Society.

1.15           CONSENSUS                    :- Consensus means unopposed decision / election.

1.16           MAJORITY                      :- Majority means ¾  of the vote of the members present.

1.17           RULE                              :- Rule means rule of the Society.

1.18           SUB-RULE            :- Sub-rule means the sub-rule of the Society.

1.19           POWERS                         :- Powers means the powers of the different committee of the Society and its office bearers.

1.20           CO-OPTION                     :- Co-option means the co-option by the executive committee.

1.21           PRESIDENT                     :- President means the President of the Society.

1.22           EXECUTIVE SECRETARY: - Executive Secretary means the chief functionary of the Society.

1.23           TREASURER                    :- Treasurer means the Treasurer of the Society.

1.24           ACTING PRESIDENT         :- Acting President means the Executive President of the Society.

1.25           INVESTMENT                  :- Investment means investment of and by the Society.

1.26           ACCOUNT            :- Account maintained by the Society.

1.27           AMENDMENT & ALTERATION : - means amendment and alteration in the bye-laws

1.28           ALTERATION                  :- memorandum of the Society.

1.29           DISSOLUTION                 :- Dissolution means dissolution of the Society.

1.30           OFFICE YEARS                :- Office Year means office year of the Society.

 

2.         JURISDICTION: -

The centers can be opened anywhere in the country.

3.         MEMBERSHIP: -

The membership will be of four types:

 (1) Ordinary Member    (2) Active Member       (3) Senior Member        (4) Honorary Member.

3.1     ORDINARY MEMBER: -

Right of according ordinary membership will remain with office bearers only provided the following conditions are fulfilled to become ordinary member;

a)         One should have faith in truth, non-violence, democracy and secularism.

b)        One who ready to co-operate with the programmes of the Society with the total commitment and who fully agrees with the decision of the committee.

c)         One who pays annual fees fixed by the committee

3.2     ACTIVE  MEMBERSHIP:-

Such ordinary members who accept the following conditions will be given active membership on the recommendation of office bearers or 3 executive committee members.

a)         One who is connected actively with any center or programme / project conducted by  the  Society for 3 months or more

b)        One who is trained in a training camp.

c)         One who shows willingness to devote full time for next two years in any centers or programme / project of the Society.

d)        One who pays annual fees fixed by the committee and making efforts in collecting grants, donations etc. for the Society.

3.3     SENIOR MEMBER:-

The founder member of the Society shall be the senior member of the Society on following conditions and those committee members and office bearers of the Society who have completed two consecutive full tenure shall be consider by the committee as senior member of the Society on following conditions:

“ The senior shall also pay annual fee of active membership and also liable to fulfill al the conditions pertaining to active membership”.

3.4     HONORARY MEMBER: -

The executive committee may recommend to council to bestow Honorary membership to those members of the Society or individuals who had contributed by their hard work and definite contribution to the establishment of the society, honoring such member / individuals with honorary membership.

3.5     TERMINATION OF MEMBERSHIP: -

Membership is liable for termination under following conditions;

3.5.1          Death, psychological imbalance (mental derailment),.

3.5.2          On working against aims & objectives and interest of the society and on ignoring the written instruction of the committee.

3.5.3          On tendering resignation and the same being accepted.

3.5.4          On the violation of any conditions of membership.

3.5.5          If any members fails to pay his / her membership fee by the end of October every year his / her membership will be come to end automatically, but before that two reminders will serve by ordinary post.

4.         COUNCIL: -

All senior and active members of the Society will be the members of the council. The council session will meet once in a year as per the date fixed by the executive committee. The council will be the supreme body of the Society. While counting the votes cast, value will be as follows,

           = Active Member:        One vote = two

           = Senior Member:         One vote = four

= No any member can cast their votes if membership fee is due for a period of more than three months.

5.         FUNCTIONS & POWERS: -

5.1      The Executive Committee shall approve annual budget, programme, project, and new center of the Society. However, the council shall retain its power to approve any type of amendments & alterations to the existing rules proposed by the committee.

5.2      To fill the vacancies in the executive committee on the recommendation of the committee for the period of 5 years on the following conditions.

5.2.1       The one who shows readiness to work as full a timer any time in his / her tenure when called upon

5.2.2       The one who is senior member or life worker of the Society.

5.2.3       The election of not less than two senior members and at least one life worker  (if any) on the executive committee shall be compulsory.

5.2.4       To check over on the function and performance of the executive committee of the Society.

5.2.5       To accord honorary membership and appoint life worker on the recommendation of the committee.

6.         EXECUTIVE COMMITTEE: -

6.1      The Executive Committee will be composing of minimum seven and maximum eleven members. In addition to this the committee may co-opt maximum of four members on the recommendation of Core-Group.

6.2      The tenure of the each of the executive committee member and its office bearers except Executive Secretary shall be 5 years. The office bearer shall continue till the election of their successor.

6.3      ELECTION PROCEDURE: -

Only those members are entitled to participate in any election procedures that have cleared their dues.

6.3.1       On the recommendation of the committee the council’s session will elect the new members on the committee for 5 years term by consensus or on the basis of majority keeping in view of article 5.2

6.3.2       One can be elected more then once to the executive committee in view of article 6.2 above.

6.3.3       The meeting for election of new President will be held under the chairmanship of the senior most member of the executive committee.

6.4      FUNCTIONS & POWERS: -

6.4.1       To accord active and senior membership or terminate active / senior membership on the basis of article 4 above and recommend names for honorary membership to the council.]

6.4.2       To elect the President on the basis of article 6.3.1 and to elect the Treasurer in consultation with the President and Executive Secretary.

6.4.3       To express approval or otherwise of the appointment of a worker for the Society by the Secretary. In case of disapproval the appointment of the said worker will stand cancel.

6.4.4       The Executive Committee shall co-opt on the recommendation of the Core-Group, but the total co-opt member in the committee at a time shall not be more than four. The co-opted members cannot become the office bearers of the Society.

6.4.5       To prepare annual programme / project and budget for the succeeding financial year of the Society. It shall not be necessary to take the approval of the Council on annual budget, annual audit report, annual programme, and new centers.

6.4.6       To fix date, place and agenda of the session on the recommendation of the Executive Secretary.

6.4.7       The Committee will have the final powers to purchase or sale movable or immovable property of the Society. The Committee will empower the Secretary by 70 % majority to borrow from banks and other open sources, to mortgage or to accept grants and donations for the Society.

6.4.8       To check and audit the records and account of the Society from time to time.

6.4.9       To propose to the session to change or end the rules and sub-rules or to make new ones as and when required.

6.4.10    The Committee will meet at least twice a year.

6.4.11    On expiry of tenure of member/s or resignation by any members of the committee to fill the vacancy through election as per article 5.2.

6.4.12    The termination of the executive committee member shall be effected as follows;

a)      A member who fails to remain present for the 3 consecutive meeting of the committee without taking prior written permission from the President or Executive Secretary shall be automatically terminated from the committee.

b)      Those who are not fulfilling the condition of active membership shall strictly be terminated by the Council.

 

7.         OFFICE BEARERS:-

7.1      The executive committee shall elect the office bearer from among only the senior members or life workers in the executive committee. In case of unwillingness of the senior members/ life workers, other members can be elected for the post.

7.2      The tenure of office bearers except executive secretary shall be of 5 years. Any office bearers may be removed from the post by majority votes of the committee of the either impeachment or violation of duties.

7.3     PRESIDENT: FUNCTIONS & POWERS: -

7.3.1       He will be elected on the basis of article 8.1.(office bearer) and head of the Society.

7.3.2        He / She will preside over the committee meetings, council’s session and other functions too if he remain present.

7.3.3       To keep check over the executive committee.

7.4     THE SECRETARY: -

           The Secretary post shall be called as Executive Secretary.

7.4.1.   The Executive Secretary shall be elected by ¾ majority of votes of the committee and shall be the Chief Functionary of the Society. All the activities of the Society shall be conducted in the name of the Executive Secretary. The Executive Secretary shall retain all the powers of Secretary. The Executive Secretary will be permanent member of the Committee. He / She will be the reportable to the Committee. He / She will be entitled to receive financial and other benefit for his / her service rendered to the Society.

The Tenure Executive Secretary: - The clause 8.2 regarding tenure of office bearers shall not be applicable for Executive Secretary.  The Executive Secretary shall continue to function till his / her resignation or termination.

Termination of Executive Secretary: - The Executive Secretary may be terminated by ¾ majority of votes of the Executive Committee.

7.4.2.        To appoint or terminate a worker under the provision vide article 7.4.3.

7.4.3.        To terminate the membership of ordinary member and suspend the membership of active members. The suspension of the membership of active members shall have to be ratified by the Executive Committee.

7.4.4.        To convene Council’s session and meeting of the Executive Committee.

7.4.5.        To take any decision complementary to the work of the Society, till the period of next meeting of the Committee.

7.4.6.        To direct the programmes / projects and the centers of the Society.

7.4.7.        To purchase or sale the movable and immovable property of the Society or to mortgage, to borrow and to accept donations and grants.

7.4.8.        All legal action favoring or against the Society will be in the name of the Secretary.

7.4.9.        To fix the remuneration and other facilities for the workers in consultation with the President and Treasurer.

7.5     THE TREASURER: -

7.5.1          The funds of the Society will be in the Bank in the name of the Society and the same is to be operated by the Executive Secretary and Treasurer or President or anyone signatory authorized by the Committee.

7.5.2          Will be responsible for all the funds and property of the Society. Will keep accounts of the income and expenditure.

7.5.3          To prepare the scheme of fund collection and budget proposal with the help of the President and the Secretary in the Committee, council session and convention.

7.6     THE ACTING PRESIDENT: -

           In case of sickness, absence of the President, Treasurer shall act as the Acting President. In case of resignation of the President the vacancy shall be filled within a period   of 6 months.

7.7     CORE-GROUP: -

The office bearers will act as core-group and their duties will be assigned time to time by the committee.

7.8     Life Worker: -

Following person/s shall be appointed by the council on the recommendation of the committee as life worker as per following conditions:

a)      Who has devoted his / he full time service for the establishment  / implementation of the aims and objectives of the Society for a minimum period of a decade.

b)     One who will be prepared to devote his / her whole life (till he / she physically and mentally fit).

c)      One who is willing to continue with the same vigor and determination for whole life.

d)     One who has devoted life for the implementation of Gandhian principles.

e)      He / She should patronize and wear Khadi and abstains himself / herself from vices such as alcohol   and drug abuse and not involved in any kind of political party politics.

f)       The Society shall assume the responsibility of looking after the welfare and necessities of such life workers till the end of his / her life.

8.         DISSOLUTION OF EXECUTIVE COMMITTEE AND CORE GROUP:-

8.1         The Committee will become defunct in case of sudden resignation of ¾ of its members and is such situation the Core-Group will take over the committee as Emergency Action Group ( E. A. G.).

8.2         The Emergency Action Group (E. A. G.) Will not have the functions & powers of the Executive Committee, but will take all the necessary actions for the smooth function of on going programme.

8.3         The Executive Secretary can expand the Emergency Action Group if necessary.

8.4         In case of such situation the Executive Secretary will have to convene the session within six month in which the vacancies will filled as per the article 5.2.

9.         RULE & SUB RULE: -

9.1         The Executive Committee will have the right to make necessary amendments in the existing sub-rule or to make new ones.

9.2         Session will have the right to make amendments in the rules or make new rules on the proposal (suggestion) of the Executive Committee. The Executive Committee in the event of emergency shall effects necessary amendment after taking the approval of the council.

 

10.     ELECTION RESULTS:

10.1         Efforts will be made to have election and decisions on the Society by consensus.  In case no consensus can arise at the decisions and elections will be declared by ¾ majority of the members present.

10.2         Lack of quorum or when the Committee meeting cannot be held, the Secretary shall be free to take immediate decision incase of urgent need so as not to hamper the working within the declared aims & objective of the Society. However, it will be essential to get the approval for such decisions in the next meeting of the Executive Committee. In case of quorum at the session, the Committee shall be free to take action that needs immediate decision.

11.     QUORUM: -

Presence of 1/3 of total members will be the quorum for session and for the Executive Committee meeting 50 % of the total members shall be the quorum. In the absence of quorum the meeting and session shall take place after an hour at the same place on the same date provided that the same is notified.

12.     INVESTMENT: -

The funds of the Society shall be invested in modes specified under the provisions of Section 13 (1) (D) read with Section 11(5) of the Income Tax Act 1961.

13.     ACCOUNT: -

There shall be maintained all accounts of the Society regularly. Chartered Accountant shall audit the accounts every year.

14.     AMENDMENT & ALTERATION: -

No amendments to the memorandum of the association and Rules & Regulations shall be made which made prove to be repugnant to the provisions of Section 2(15), 11, 12, 13 and 80 G of the Income Tax Act. 1961. Further no amendments shall be carried out without the prior approval of the Commissioner of Income Tax.

15.     DISSOLUTION: -

·        In the event of dissolution or winding up of the Society the assets remaining as on the date of dissolution    shall under no circumstances be distributed among the members of the Executive Committee, but the same shall be transferred to another Charitable Society, whose objectives are similar to those of this Society and which enjoys recognition under Section 80 G. of the Income Tax Act. 1961.

·        The benefit of the Society shall be open to all irrespective of caste, creed and religion.

·        The funds and income of the Society shall be solely utilized towards the achievement of the objective and no portion of it shall be utilized for payment to members by way of profits, interest, dividends etc.

16.     OFFICE YEAR: -

The financial year of the Society shall be from April to March and it may be changed automatically as per new rules made by Ministry of Finance time to time.

17.     REGISTERED OFFICE: -

The registered office of the Society will be at following address and any change in it will be informed to the District Registrar at least 15 days in advance,

 

PEACEFUL SOCIETY

POST: BANDORA / PONDA 403 401 / GOA

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