Societies Registration Act XXVI of 1961 Memorandum Of Association Deed Format

Societies Registration Act XXVI of 1961 Memorandum Of Association

Societies Registration Act XXVI of 1961 Memorandum Of Association Deed Format

1. The name of the society shall be “…………… ”

2. The Registered Office of the society shall be situated at ………, ………………… in the State of West Bengal.

3. The aims and objects of the society are as follows:

          (a) To perpetuate the memory of …………

          (b) To help and give relief to the poor and indigent and other deserving person or persons by providing food, shelter, periodical distribution of cloth, medicine and money and other necessities, also to provide books to deserving students and sanyasis and to distribute alms in cash or kind annually out of the funds of the society.

          (c) To give lessons and instructions on the Geeta, Bible, Koran and other religious scriptures and arrange for and provide all suitable and necessary ways and means for the daily worship and periodical festivals of ……… according to the wishes of ……… and offering of Puja and Bhoga to ……… and for observance of such other occasional religious festivals at the Samadhi Mandir at ……………… as may be decided by the society from time to time.

          (d) To perpetuate, keep and maintain the aforesaid Samadhi Mandir and other premises and the land attached thereto at ……… in good state and condition and make such additions, alterations and repairs thereto as may be necessary.

          (e) To construct, maintain, extend, alter, repair or improve any temple building and premises that may be acquired by the Ashram. To undertake administration of any religious or charitable institution or endowment, e.g. church, temple, math or others.

          (f) To receive and collect any gifts, subscriptions and donations either in cash or in kind, or acquire by any other lawful ways and means and spend the same in fulfilment of all or any of the aims and objects of the society. The income and properties of the society shall be applied solely for the promotion and fulfilment of the aims and objects of the society, provided if any donor intends that his contributions, donation or subscription shall be applied to the attainment of any particular object or objects of the Ashram, such contribution, donation, subscription shall be spent towards the promotion of that particular object or objects only.

          (g)  To acquire by purchase, take on lease, hire or by gift or otherwise and hold any movable or movables and also any immovable property or properties or any rights or privileges that may be deemed necessary or useful for the advancement of the objects of the Ashram or any of them.

          (h)  To arrange and/or provide for the long-standing practice of annual observation of …………… Utsava at the Samadhi Mandir of ………… at …………

           (i)  To do all such other lawful acts, deeds and things as are incidental and conductive to the attainment of the objects or any of them.

           (j)  To manage and administer any orphanage, nursing home, hospital, library, reading room, trust, school, college and other institution irrespective of caste, creed or social status.

          (k)  To take over, absorb or amalgamate with any other society or association or institution whose objects are similar to the objects of the society.

           (l)  To apply the income and properties of the society for the fulfilment of its objects and not to pay any portion thereof by way of profit or dividend or bonus.

4.Without prejudice to the generality of the above objects and for effectively carrying out the same the society shall have power to receive, hold and possess any property including securities of any kind and to construct and maintain any building, to manage transfer or otherwise dispose of or deal in any property of security and to enter into any contract for or in connection with the purposes of the society to raise moneys and funds including debentures and to establish provident fund or funds for the benefit of the employees of the society and to accept the management of any trust or endowment in which the society may be interested. The society shall have also the power to frame rules and bye-laws under its Constitution.

5.The management and control of the ……………… shall be in the hands of a Committee of Management of the society to be elected annually by the Mantra Sishyas of …………… and shall be carried on in accordance with the rules as may be framed or modified from time to time by the said Committee of Management, whose names, addresses and descriptions are subscribed hereunder:

The following persons shall be the members of the first governing body of the society:

      Name                          Address                    Description

1.  Sri   ………………………  …………………………         President

2.   ”    ………………………  …………………………         Secretary

3.   ”    ………………………  …………………………         Treasurer

4.   ”    ………………………  …………………………  Assistant Secretary

5.   ”    ………………………  …………………………               ”

6.   ”    ………………………  …………………………          Member

7.   ”    ………………………  …………………………               ”

8.   ”    ………………………  …………………………               ”

9.   ”    ………………………  …………………………               ”

We the undersigned are desirous of forming a society named “……………………………” in pursuance of this Memorandum of Association:

       Signature                 Address                    Occupation

…………………………   …………………………   …………………………

…………………………   …………………………   …………………………

…………………………   …………………………   …………………………

…………………………   …………………………   …………………………

…………………………   …………………………   …………………………

Witness:

         Signature            Address                    Occupation

…………………………   …………………………   …………………………

…………………………   …………………………   …………………………

…………………………   …………………………   …………………………

…………………………   …………………………   …………………………

…………………………   …………………………   …………………………

Rules and Regulations

1. Definition. In these Rules and Regulations unless there be anything repugnant to or inconsistent with the subject or context:

         (a)   Society means…………

         (b)   Committee of Management means the Committee of Management of ……………… duly appointed annually by the Mantra Sishyas of ………

         (c)   Member means any of the members forming the Committee of Management.

         (d)   ……………… means an assemblage of Mantra Sishyas both male or female of ………… over 18 years of age.

         (e)   A Meeting of the Sishya Sangha means a meeting of the Mantra Sishyas both male or female of ………… over 18 years of age present at a meeting duly convened and held under the rules of the Ashram.

         (f)   Financial Year means the year commencing from 1st Baisakh to the last date of Chaitra in one year.

         (g)   Mantra Sishya means a direct disciple either male or female of Shree ……… over 18 years of age and eligible under these rules to participate and vote in a meeting of the Sishya Sangha.

         (h)   President means the President of the …………… Ashram elected annually in a meeting of the Sishya Sangha.

          (i)   Treasurer means the Treasurer of ………………

          (j)   Assistant Secretary means the Assistant Secretary of ………………………

         (k)   …………………………… means premises at ………………………, …………………………

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 35 - Societies Registration Act XXVI of 1961 Memorandum Of Association Deed Format

2. Committee of Management. The Committee of Management shall  consist of:

(a) President, (b) Secretary, (c) two Assistant Secretaries, (d) Treasurer and 16 members duly elected annually at a meeting of the Sishya Sangha convened for the purpose in the manner hereinafter provided for.

3. All properties of the Ashram, both movable and immovable, as well as the management of the affairs and concerns of the Ashram shall vest in the Committee of Management subject to the rules and regulations of the Ashram.

4. No one except a Mantra Sishya above 18 years of age shall be eligible to be a member.

5. The members shall hold office for a term of one year, but any of them shall be eligible for re-election.

6. In the case of any casual vacancy in the post of any of the members on account of death, resignation, expulsion or any other incapacity to work as a member, a new member will be co-opted by the Committee of Management from amongst the Sishyas within four weeks from the date of such casual vacancy of the Sangha. Such a new member will hold office till the next election of the Committee of Management. Pending filling up of the vacancy as stated above the remaining members in the Committee will carry on the work of the Ashram and the properties both movable and immovable of the Ashram shall vest in the remaining members.

7. For the proper conduct of the affairs of the Ashram the Committee of Management shall hold meetings as and when necessary, but there shall be at least one meeting in every two months and it shall keep proper records of all proceedings of such meetings. Five members present at a meeting shall form the quorum.

8. The Committee of Management shall, out of the funds and income of the Ashram, spend money for the fulfilment of the objects of the Ashram according to the budget as sanctioned by the Sishya Sangha at the annual general meeting. The Committee of Management shall appoint and, whenever necessary dismiss any sevak, pujari, durwan and other menial servants for the work of the Ashram and shall make all suitable arrangements for the protection of the Samadhi Mandir etc.

9. The Committee of Management may frame rules and bye-laws not inconsistent with the rules and regulations hereof for the internal management of the Ashram and the conduct of its meetings and may alter and amend the same when necessary.

10. All deeds and documents by or in favour of the Ashram shall be in the name of the Ashram.

11. In case any member shall desire to tender resignation from the membership before the expiry of his term, he shall have to give at least one month’s notice in writing to the Secretary of the Committee of Management and in case he himself happens to be the Secretary then at least three months’ notice to the President of the society. Such a letter of resignation will be placed at a meeting of the Committee of Management especially convened for the purpose within one month from the receipt of the letter. No resignation shall be deemed to have taken place until accepted at the said meeting. Similar procedure will be followed in the case of any casual vacancy due to death or incapacity of a member to work as a member.

12. The members shall not be entitled to any remuneration.

13. President. The President shall preside over every meeting of the Committee of Management. In his absence, one of the members shall be elected as Chairman of the meeting.

14. Secretary. The Secretary or one of his Assistant Secretaries duly authorised by him shall look after the daily worship and Bhogarag of …………… and also conduct the day-to-day affairs as resolved and passed by the Committee. He shall incur all necessary expenses in connection with his work mentioned above.

The Secretary to the Committee of Management will be in charge of the office of the Ashram and amongst others do the following acts and things:

          (a)  To check and verify accounts in the cash book and sign the same.

          (b)  To sign and issue notices for the meeting of the Committee of Management and the annual meeting of the Sishya Sangha.

          (c)  To look after and conduct all correspondence relating to or in any way concerning the Ashram other than those which may be allocated to any member or members in charge of any department of the society.

          (d)  To keep or cause to be kept in proper order and custody all documents and all papers and files belonging to the Ashram.

          (e)  To operate or cause to be operated by one of his assistant secretaries duly authorised by him on current account in one or more bank or banks as approved by the Committee of Management in conjunction with the Treasurer of the society.

          (f)  To sign in token of sanction all vouchers for necessary expenses of the Ashram within the limit sanctioned by the Committee before payment by the Treasurer.

15.   Treasurer.  (a) To receive subscriptions, donations and pronamis in cash and record the receipts in the Cash Book maintained for the purpose.

(b)  To arrange for investment of surplus assets of the Ashram as approved by the Committee of Management in conjunction with the Secretary of the society.

(c) To operate on current account in one or more bank or banks as approved by the Committee of Management in conjunction with the Secretary or one of the Assistant Secretaries duly authorised by the Secretary of the Ashram.

(d) To submit all books and papers relating to the Ashram’s receipts and expenditures, cash books, bank pass books, etc., to the Secretary of the Ashram once in a month for his scrutiny and signature.

(e) To prepare yearly accounts of receipts and expenditures and have the same audited by the Auditor appointed by the Committee of Management and approved at the general meeting and present the same before the annual meeting of the Sishya Sangha.

16. Auditors. At the annual meeting of the society, one or two Mantra Sishya, or outsiders be elected Auditors or Jt. Auditors who will audit the accounts of the Ashram for the ensuing year. Such appointment will be made for one year, but the same Auditor or Auditors will be eligible for re-election.

The Auditor or Auditors shall have at all reasonable time access to the books of accounts of the Ashram and to all papers, vouchers, receipt books, etc., and for this purpose of verifying any accident examine any office-bearer of the Ashram to make any enquiry from any member.

The Auditor or Auditors shall not be entitled to any remuneration.

17. Assistant Secretary to the Committe of Management. The Assistant Secretary will assist the Secretary in all matters relating to the duties of the Secretary and in the absence of the Secretary shall function according to his (Secretary’s) instructions.

18. Proceedings of the Committee of Management. All proposals put to any meeting of the Committee of Management must be decided and passed by majority of votes of the members present at the meeting.

19. All resolutions duly passed in any meeting of the Committee of Management shall duly be recorded in the Proceedings Book either in Bengali or in English and shall be signed by all members present at the meeting.

20. The President may request any Mantra Sishya, who is not a member of the Committee or any of the persons who is not a Mantra Sishya, to attend a meeting of the Committee of Management to give their valuable and considered opinion regarding any matter relating to the Ashram. Such non-members of the Committee shall have, however, no power to cast vote at the meeting.

21. Proceedings of the meeting of annual Sishya Sangha. The Annual General Meeting of the society will be held on a date to be decided by the Committee of Management not later than four months after the date of financial year of the Ashram. Necessary notice to all Mantra Sishyas shall be issued 15 days in advance by the Secretary. The notice will be in Bengali mentioning the date, time and place and the agenda of the meeting.

22. The business of the Annual Meeting of the society shall be:

          (a)  to consider the Ashram’s annual report presented by the Secretary on behalf of the Committee of Management;

          (b)  to consider and pass the audited accounts of receipts and expenditure for the previous year;

          (c)  to elect the President and other members of the Committee of Management for the ensuing year; and

          (d)  to consider any other matter brought before the meeting either by the Committee of Management or by any member present at the meeting concerning the management and welfare of the Ashram.

23. Quorum of meeting of Sishya Sangha. Fifteen members of the Sishya Sangha personally present in any meeting of the Sishya Sangha shall form the quorum.

24. If for want of quorum any meeting of the Sishya Sangha cannot be proceeded with, then the meeting will be adjourned to some other date as the Committee of Management may think proper. No new matter shall be considered at the adjourned meeting except those mentioned in the agenda of the meeting which has been adjourned.

25. Chairman. At every meeting of the Sishya Sangha, one of the Mantra Sishyas present at the meeting shall be duly elected Chairman of the meeting.

26. Every resolution submitted to a meeting of the Sishya Sangha shall be determined by the majority votes of the Mantra Sishyas present, every Mantra Sishya having one vote. In case of equality of votes, the Chairman will have the casting vote. Votes will be taken by show of hands or by ballots as decided by the Sishya Sangha.

27. An attendance book shall be kept and as far as possible it should be signed by all Mantra Sishyas present at the meeting of the Sishya Sangha. The proceedings of all meetings of the Sishya Sangha shall be duly and properly recorded or caused to be recorded in the proceedings book either in English or Bengali by the then Secretary or in his absence by any member and shall be signed by the Chairman of the meeting.

28. An extraordinary meeting of the Sishya Sangha shall be convened at such place and time as the Committee of Management may deem fit on the written requisition of at least 10 Mantra Sishyas showing the reasons for calling of the same and shall be convened within 15 days of the receipt of requisition. A week’s notice to be served to the Mantra Sishyas for the purpose will suffice.

29. It shall be lawful for the Sishya Sangha at an annual meeting duly convened for the purpose in the manner herein to amend, vary, alter, modify or repeal all or any of the rules and regulations of the Ashram.

Certified to be the true copy of the rules and regulations of ………………

1.  ………………………………

2.  ………………………………

3.  ………………………………

Members of the Committee of Management

…………………… Society

(Registered under the West Bengal Societies
Registration Act 1961)

(Act XXVI of 1961)

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