WB SOCIETY AFFIDAVIT

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THE WEST BENGAL SOCIETIES REGISTRATION ACT-1961

PART 1

MEMORANDUM OF ASSOCIATION

Of

(YOUR SOCIETY NAME)

Vill+P.O. – yOUR aDDRESS, P.S- yOUR aDDRESS

Dist.- Purba Medinipur :: Pin- 0000 :: West Bengal


1.Name of the Association                       :                       YOUR SOCIETY

2. The address of the Registered           :                       VILL+PO- …., P.S- Egra

    Office of the Association.                                            Dist – Purba Medinipur

                                                                                                Pin- 000, West Bengal

3. The objocts of the Association          :                       The following Aims and Objects (In Terms of Section 4(2) of the Act.) of the Society for which the Society is established are as under.

  • In relation to the Promotion of Education, Science & Technology:
  • To establish, open, acquired, assist, run, promote, encourage, manage or maintain, Free Primary School / Nursery School, Early Child Education Centre, Junior Madrasha, Creche Centre, Elementary Education Centre. Literacy Centre, Condense Course (Education Centre). spread integrated minimum education and empowerment by the qualified trained Teachers, Instructors, Workers, Volunteers & Librarians for the people specially Backward Minorities community of the locality of the Society
  •  To arrange organise, assist, encourage, manage and maintain Awareness Generation Camp, Mobilization, Survey, Seminar, Workshop, Demonstration, Conference, Symposia, Panel Discussion, Lectures, Debates, Language promotion, Educational Tour on casual or regular basis for diffusion of knowledge and promotion of Literature. To Promote Technical , Medical & Education institute
  • To establish manage & maintain Krishi Biggan kendra, Technology Centre,  Resource Centre, Science Club, Computer Training Centre by qualified trained resource personnel to develop and populate the Science and Technology in Rural people of the locality.
  • To Run all Gov. Project, Skill Project , Gov. Survey / Training , Computer Project, Computer Training, Educational Training, to promote technical , medical and educational institute .For Development local people .

         (B)   In relation to the Promotion of Social Welfare & Empowerment :

                (1)  To run, promote, assist, manage, maintain and carry on the Society for   integrated welfare of children, youths, adolescents, women, widow, vagrants, beggars, disabled persons, orphans aged and sick persons, farmers, labours, consumers, and other poor backward communities like OBC, SC/ST/ Handicapped, Minorities, Artisans etc. people of the locality and to do social welfare related activities for the welfare of people.

               (2)    To work for the happiness of needy/ downtrodden backward people for their primary needs such as food, cloth, relief, health, education, rehabilitation, improved environment, drinking water and minimum shelter etc. and to help the Indigent people of the locality

               (3)    To collect and give necessary relief and rehabilitation to the effective in the time of flood, famine, pestilence, drought, earthquake and other calamities caused by the Nature/Men and to arrange and organise  rescue centre and centres for free distribution of relief materials to the needy in their different occasion.

(C) In relation to the Promotion of Basic Rural Health Care:-

To establish run, promote, assist, manage, maintain, Charitable Dispensary, Free Health Centre, Free Mobile Health Camp, Free Pathology Centre, Blood Donation. Camp, Sterilization Camp, Drug Abuse Centre, Immunization Camp, AIDs & HIV prevention camp, Awareness, Seminar, Workshop, Demonstration camp from time to time by the qualified doctors in order to uplift their health environment and to campaign for Immunization, Sterilization and population control etc. and to campaign against for Malnutrition pollution etc. without any intension of making profit.

(D) In relation to the Promotion of Physical & Non-Physical Culture:-

 To arrange, organise, Physical Culture

 Activities like Indoor & Out-door Sports & Games, Sports Meet & Competition, Gymnasium, Playground, Coaching Camp etc. and Non-Physical Activities like-Folk Dance & Song, Music, Dance, Song, Dramae Theatre, Jalsa, Kawayali, Recitation, Litererature, Travelling, Excursion, Competition, Prize Distribution, Entertainment etc. and various social Festivals, Red Letter Days, Notable International &National Days, Birth day of National Leaders and Greatmen from time to time in order to uplift the morality of the people of the locality.

(E)    In relation to the Promotion of Rural & the Human Resosurces:

               (1)  To work for Rural promotion and to promote preserve the Natural Resources and Rural Community Assets for the benefit of Rural Communities

               (2) To promote and encourage the backward poor Human Resources of the locality, and to establish & maintain community centre to preserve Human Rights of the people of the locality

       (3) To work for poverty alleviation and to organise and promote capacity building Group Building Leadership Building etc. for self-empowerment and self reliance of the target Group in its operational area.

 (F)   In relation to the Promotion of Environment:

        (1) To arrange organise, Awareness Camp, seminar, demonstration, workshop, campaign, padayatra, sit & draw to create awareness, education, preservation and conservation of Environment and to populate solar energy solar light, bio-gas, low cost sanitation smokeless chullah, water filter, safe drinking water etc.

        (2) To work for promotion and conservation of Environment and to eliminate of Pollution and promote Nursery, Plantation, Medicinal Garden etc.

(G)  In relation to the Promotion of Handicraft. Horticulture, Food Processing, Husbandry.

        Agriculture & Organise Self Help Group :

               To encourage and promote education, skill, upgradation design & technology on Handicraft, Horticulture, Food Processing, Husbandry, Agriculture & Organis Self Help Group for the Artisans, Farmers and Backward people of all Communities of the locality without any intention of making profit as per law of the Country

(H)  To implement approved schemes programmes of Governmental & Non-Governmental for the benefit of backward neglected population of the locality.  without any intension of making profit.

(I) To Publish newspaper, website, leaflets , books to educated local people and also object for which the society has been establishment .

The function and objects of the Association shall always remain restricted within the meaning

of section 4(2) of the West Bengal Societies registration Act, 1961 irrespective of any object as mentioned in the present document or opposed to the said section.

The income generated from the Society or properties build out of the Association’s fund shall

               not be utilised for consumption of or distribution amongst Members of the Association and there shall be ploughed back to the activities of the Association in their entirety for furtherance and fulfillment of the Aims and objectives of the Society.

4.The names Of the first members of the Executive Committee :-

          Sl. No. Name Address Post held in the Foundation
1.       2.       3.       4.       5.       6.       7.                       President       Vice-President       Secretary       Asst. Secy.       Treasurer       Member       Member

5. We, the undersigned person being associated with the foregoing objects, hereby subscribe our names to the present Memorandum of Association (MOA) and intend to file it along with a copy of the Regulations as required under section 4(1) of the W.B. Societies Registration Act, 1961, for registration of the Association as a Society:-

          Sl. No. Signature Address Occupation Post held in the Foundation
1.       2.       3.       4.       5.       6.       7.                               President       Vice-President       Secretary       Asst. Secy.       Treasurer       Member       Member

Witness to the signatures as above :-                                                                          Dated :-

THE WESTBENGAL SOCIETIES REGISTRATION ACT 1961

REGULATION OF ASSOCIATION

YOUR SOCIETY NAME

AT & P.O. ……, P.S.-EGRA

 DIST.-PURBA MEDINIPUR :: PIN-72:: WEST BENGAL

1.MEMBERSHIP:

1.1. Admission of Membership:-

[a] At the time of Registration of the Society the signatories to the Memorandum of

Society & Regulations, the Office Bearers of the Executive Committee of the Society     shall be first Members of the Society and till any new member is admitted.

[b]  The Executive Committee may admit to Membership any person of any caste,

 creed or gender who has attained the age of 18 (eighteen) years and he /she agreed    in writing to be bound or provided he/she agrees to be guided by the Memorandum of Society and Regulations of the Society.

[c] The Executive Committee shall be satisfied that the member admitted has interest in  

     the advancement of the objects of the Society and thereby Executive Committee shall

     be the final Authority to admit or to refuse a person as a member without assigning

     any reason therefore.

[d] Be it noted here that the power to admit members is the sole and absolute power of  

     the Executive Committee of the Society.

1.2Classes/Types of Members :-

     Two type of Member to be entitled as member of the Society:

[a] Individual Member: An individual qualified to be a member of the society in terms of  

       para 2.1 ibid may be called an individual member of any of the following categories

      viz,

  i)Ordinary Member: by paying ordinary membership fee as may be determined by the   

      society from time to time and enjoying voting right;

  ii) Donor Member: Any person who are the land donor of the Foundation who be called

      Donor Member and such one Donor Member shall be elected from and by the  

       Category to be member of the Executive Committee of the Society by paying such

      Membership Fees as may be fixed by the Society .from time to time. His

     membership is fixed till his life and not treated as ordinary member due to

     his honour, dignity and nobility and enjoying voting rights.

 iii] Honorary Member by accepting the offer of membership of honour or

         dignity without enjoying voting right;

      iv] Associate Member by making himself/herself eligible to avail of

 certain  services on payment of the periodic requisite fee as may be fixed by the society from time to time and without enjoying voting right

              (b)Institutional (or Corporate) Member: An artificial judicial person or a

body corporate interested in the advancement and furtherance of the objects of a society may become the Institutional (or Corporate) member by paying such membership fee as may be fixed by the society from time to time. The Chief executive or any other officer as may be nominated by the concerned organisation shall represent the organisation and enjoy the voting right on behalf of the organisation in the Society.

1.3. Register of Members: The Society shall maintain a Register of Members

 (in terms of Sub-section (1) of Section 14 of the Act & Sub-Section (2) of Section 14 shall always be guarded against) containing the Sl.No., Name, Father/husband name, Address, Age, Caste, Sub-Caste, Sex, Qualification, Occupation, Classification of Member, Date of Society, Date of Cessation of membership, Signature of Member and Remarks This Register will be kept open for inspection of the members of the Society or any visitor on requisition or on the appointed date and time in the Registered Office. All entries required to be made therein shall be entered within a period of 15 (fifteen) days.

1.4  Rights & Obligation of Members:- Any Ordinary Member and

 Institutional Member of the Society has the following rights :

                a] To elect and to be elected in any election of the Society.

         b] To submit suggestions for discussion to the Executive Committee and Sub-

             Committee. On any matter relating to the Society improvement.

         c] to inspect any document, account and the proceeding of the meeting of the  

             Association with prior appointment or on appointment with the Secretary.

         d] To pay or clear his/her all dues relating to Membership within the prescribed

             date and time.

         e] to uphold self-esteem and hold the Society in high esteem.

         f] Each Member (Ordinary, Donor and Institutional or Corporate Member) shall      

             have one vote.

         g]Defaulting Members and Vote less Members (Honorary and

             Associate  Member) shall not be allowed to take part of vote in a meeting of the

             Society.

1.5. Cessation of Membership :-

    Any Member shall cease to be a member of the Society:

a] On the acceptance of his/her resignation from membership.

b] On his/her becoming nuisance or insolvent.

c] On his/her conviction of any offence in connection with the formation,

    promotion, management or conduct of affairs of Society or a body corporate or of any

    offence involving moral turpitude.

1.6.  Expulsion& Removal:-

 Frequent actions (anti-society activities and prejudicial activities to the interest of the Society) of any Member if found by the Executive Committee is detrimental to the interest and is in violation of the Rules & Regulations of the Society, he/she may be offered due enquiry, censured, suspended or expelled from the membership by the Executive Committee.

 However, In that case the Executive Committee shall first serve the concerned member with a show-cause notice showing therein the charges framed and ask him to submit his/her statement of defence within 3 three weeks from the date of receipts of show-cause notice. On receipt thereof the same shall be examined by the Executive Committee and the Executive Committee shall have the power to take a suitable action against the delinquent member after allowing him to defend his/her case.

In Case, the Member dose not reply to the show-cause notice within 3 (three) weeks. The Executive Committee shall examine the papers and records substantiating the proof of the member’s anti-organisation activities or if no reply to the show-cause notice is received within 3 (three) weeks the Executive Committee may take an ex-parte decision and this decision in respect of the concerned Member’s removal shall be binding upon him.

 For any act of expulsion of or termination no such member shall be entitled to prefer any claim for compensation or damage or withdrawal even if proved on subsequent date that such act of expulsion or termination was wrongful and/or unlawful.

2.EXECUTIVE COMMITTEE

2.1 Composition of the Executive Committee:-

 The Executive Committee shall comprise the 09 (nine) Members by the Ordinary Member (only three), Donor Member (only two) Honorary member (only two) Associate Member (only one) and Institutional or Corporate member (only One). The Office Bearers shall consisting of (1) President, (2) Vice-President, (3) Secretary, (4) Assistant Secretary, (5) Treasurer and remaining Members shall be members of the Executive Committee. Office bearers and other Body/ Committee members shall be elected at the Annual General Meeting of the Society .

2.2 Manner of Election or Appointment:

The members of the Executive Committee shall be elected by the General Members and Institutional Members in the Annual General Meeting (AGM) every one year. The elected Members in equal number to the number of posts of Office bearer shall be appointed to the post of different Office Bearers in the first meeting of the Executive Committee of the newly elected members. After election the old Executive Committee will continue to function till the new Body Committee takes over the charge which shall under no circumstances be more 30 (thirty) days from the date of election.

2.3 Terms of Office of the Member of the Executive Committee (President 2.3. Vice-President. Secretary, Asstt. Secretary & Treasurer and other Members of the Committee):-

The term of the office of the Executive Committee shall ordinary be three years, unless it is dissolved/terminated early under unforeseen circumstances.

 2.4 Power and Duties of the Executive Committee

The Executive Committee shall have the following powers and duties for the efficient management of the affairs of the Society.

  1. To appoint employees of the Society on such terms and contract as may be al determined by the Executive Committee.
  2. To form sub-committees for specific purposes for the fulfillment of the objects of the Society
  3. To appoint sub-committee with such power and duties as may be considered  necessary or expedient.
  4.  To accept donation, gift, subscription, fees, grant-in-aid, loan, service charges, movable immovable property for the objects of the Association.
  5. To sell, lease, mortgage or otherwise dispose of and deal with all or any part of el the property of the Society.
  6. To deal with the property of the Society in the best interest of the Society.
  7. To generate fund through admission fees, renewal fees, subscription, grants,  gifts, donations, loan and to acquire property both movable and immovable in the name of Society for perpetuating the existence and activities of the Society
  8. To manage the funds and liquid assets of the Society in the best possible manner.
  9. To attend members’ grievances having attached top priority to the matter.
  10. To keep proper accounts of the Society and to open bank account in the name of the Society in one or more Banks / Society/ Post Office / Reputed Autonomous Private Banks like and other financial institutions
  11. To appoint Joint Bank operator with empower as per rules for Operating all the Bank A/c. in one or more Banks/Society/ Post Office/ Reputed Autonomous Private Banks and other financial institutions.
  12. To borrow fund from Banks and other Financial Institutions/ Financial Corporation & Govt. Agencies both Central & State or aboard or Individual as may be necessary for the furtherance of the objects of the Society.
  13.  To co-opt not more than two members to the Executive Committee, when situation will be arised.
  14. To remain duty bound and vigilant about all statutory requirements of the Society.
  15. To conduct any other business not specified herein for the attainment of the aims &objects of the Society provided such business is not repugnant to such objects.

2.5  Duties of the Office-Bearers:

2.5.1. President

a)To act as the formal head of the Society.

b) To chair all meetings.

c) To lead in the matters of disciplinary action in consultation with the              Executive Committee.

d)To advise Secretary and other Office-Bearers as leader of the team.

e)To call emergent meetings

f)To decide on special matters with prudence and dignity

g)To act as joint signatory /joint operator with Secretary / Treasurer in relation to Banks/Society /Post Office/Reputed Autonomous Private 9) Banks and other financial institutional Accounts of the Society.

 2.5.2. Vice-President

In absence of the President, the above duties of President under 2.5.1. ibid shall apply to Vice-President.

2.5.3. Secretary

a)To convene all meetings of the Society.

b)To maintain minute books of all meetings in proper order.

c) To process membership proposals and place them before the Executive Committee.

d)To issue notices and circulars

e)To sign and give or issue pay orders on all bills for payment and  Countersign receipts.

f)To sign on behalf of the Society in all matters and all receipts for all sums  received as subscription, donation, gift, grant-in-aid, fees, service charges and loan etc.

g)To assist the President in all matters of statutory requirements.

h) To maintain accounts and arrange audit with the help of the Treasurer and to assist the Chartered Accountants and to get the Audited Statement of Accounts of the Club audited by the Chartered Accountants and also prepare Annual Report both consideration of the Executive Committee.

 I) To act as joint signatory / joint operator with Treasurer/ President in relation to Banks/Society/Post Offico/ Reputed Autonomous Private Banks and other financial institutional Accounts of the Society.

j) To ensure efficient handling of all statutory requirement and special matters.

k) To keep in touch with the Executive Committee and nat to take decision unilaterally.

 2.5.4. Assistant Secretary:

In absence of the Secretary, the above duties of Secretary under 2.5.3. ibid shall apply to Assistant Secretary

2.5.5. Treasurer:-

a)To account for all receipts such as Admission fees, Renewal fees,  subscriptions, donations, loans, grants and any other deposits and current receipts, and also all payments in the nature of capital and revenue payments.

b)To maintain Cash book, ledger and other books of accounts as are necessary.

c)To plan funds of the Society and prepare Annual Budgets in consultation with the Secretary for consideration of the Executive Committee.

d)To discharge all other functions related to finance as may be delegated  to him.

e)To act as joint signatory / joint operator with Secretary / President in e) relation to Banks/Society / Post Office / Reputed Autonomous Private Banks and other financial institutional Accounts of the Society.

2.5.6. Resignation or Removal:

A member of the Executive Committee shall be at liberty to resign from the membership of the Executive Committee and such resignation shall be accepted by the Executive Committee unless there is the question of recovery of any dues from the resigning member. The same rule shall apply to any office bearer intending to resign from the post held by him. Removal of any member of the Executive Committee shall automatically apply if the concerned member disqualifies himself or herself by virtue of section 28 of the Act. Removal of a member of the Executive Committee shall also be effected for anti-Society and for activities prejudicial to the interest of the orgnisation. However, in such cases, the concerned member shall be afforded reasonable opportunity of self-defence by serving upon him a show-cause notice. The reply to the show-cause notice should be submitted within 3 weeks and on receipt thereof the same shall be examined by the Executive Committee. In case, the member does not reply within 3 weeks, the Executive Committee shall examine the papers and records substantiating the proof of the member’s anti-organisation activities. The decision of the Executive Committee in respect of the concerned member’s removal shall be binding upon him. However, no consequential damage or loss in case of subsequent withdrawal of removal of the member by the Executive Committee, shall be granted.

3. MEETING& VOTING:

3.1. Classes of Meetings and incidence of the Meetings:-

a) Executive Committee Meeting:  At least four meetings of the Executive a) Committee shall be held in a year. More than 50% of the members shall be in a position to requisition a meeting of the Executive Committee which shall be convened by the Secretary within 7 days falling which the requisitionists themselves shall call such meetings and the decision of the meeting shall be binding upon the Executive Committee.

b) Annual General Meeting: The Annual General Meeting shall be convened by the Secretary every year having complied with the provisions of sub-section (1) & (2) of the section 16 of the Act. The Agenda of the meeting shall include (i) confirmation of the proceedings of the last Annual General Meeting, (Ii) acceptance of the annual report on the activity of the Society, (iii) Acceptance of the audited accounts of the immediately past accounting year, (iv) Acceptance of the Budge for the current year, (V) appointment of auditors for the current year, (vi) any other matters of importance and (vii) election, if due.

 c)Extra-Ordinary General Meeting: The Executive Committee shall convene an Extra-Ordinary General Meeting in case the next Annual General  Meeting is not due to be held in near future, to take up such issues which require general members’ participation such as settlement of a constitutional crisis, settlement of a matter which may cause harm to the interest of the society, any change or amendment required in the memorandum of Society or Regulations of Association of the society, etc.

d)Special General Meeting on Requisition: More than two-thirds of the total members enjoying voting rights may requisition such meeting. The  Executive Committee shall convene such meeting within 4 weeks from the date of requisition. In case the Executive Committee does not convene the meeting, the requisitionists themselves shall call the meeting and decisions taken in the meeting shall be binding upon the society.

 3.2 Quorum:-

One-third members personally shall constitute quorum in all the above four classes of meetings under 4.1 ibid.

3.3. Method of Voting

In case of voting in the election of the annual General Meeting the Chairman of the meeting shall explain the method of voting and the manner of election. In the case of other meetings, voting shall be applicable only if there is tie on any issue of decision-making. The Chairman of the respective meeting shall have a casting vote in those meetings.

3.4. Period of Notice:-

a) The meeting of the Executive Committee shall required 7 days’ notice specifying place, time and items of discussion. In case of emergent meeting no notice, if mutually agreed upon by the members, shall be required.

b) The Annual General Meeting shall require 21 clear days’ notice specifying venue, date and time of the meeting.

c) The extra-ordinary General Meeting shall require 14 clear days’ notice specifying venue, date and time of the meeting.

 d) The Special General Meeting on Requisition shall require 7 days’ notice specifying venue, date and time of the meeting.

3.5 Proxy:

Proxy shall not be accepted in any election.

3.6.  General Procedure of Meeting:

 All classes of meetings shall be chaired by the President (or Chairman or Chairperson) of the Society and in his/her absence by the Vice- President of the Society or any other person so selected. Majority decision shall prevail with Chairman’s casting vote, if need be.

 3.7. Proceedings of Meetings and Inspection thereof

Proceedings of all meetings shall be carefully minuted in bound registers to be separately maintained for each class of meetings and kept at the registered office of the Society. All proceedings shall be countersigned by the respective Chairperson of the meetings. The proceedings shall be open for inspection of any member on written request at the appointed date and time.

4. THE MAINTENANCE AND AUDIT OF ACCOUNTS

4.1. Sub-Section (1) & (2) of section 15 of the Act shall be strictly followed in relation to accounts and audit.

 4.2 Accounting year:

The Accounting year of the Society shall be the financial year commencing from 1st April of a year to 31st March of the next year.

4.3. Auditor:

 The accounts shall be audited by a qualified auditor as defined in sub-section (2) of section 15 of the Act.

4.4.  Books of Accounts and Inspection thereof:

The Books of Accounts and other statutory Books are to be kept at the registered office and shall be open for inspection of any member on written request at the appointment date and time.

5. THE SAFE CUSTODY OF THE PROPERTY OF THE SOCIETY. INCLUDING IN PARTICULAR THE MANNER OF KEEPING OR INVESTING ANY MONEY OF THE SOCIETY:

a)As provided in section 18 of the Act, the property of the Society shall be deemed to have been vested in the Executive Committee and the Executive Committee shall manage its affairs properly.

 b) The funds and money of the Society shall be kept or invested in Banks, Post Offices or other institutions as may be decided by the Executive Committee of  the Society from time to time in the best interest of the Society

c) Operation of such financial accounts shall be done jointly by the Secretary and Treasurer.

6.  ALTERNATION OF MEMORANDUM OF SOCIETY&REGULATIONS OF THE SOCIETY

The provisions of section 8 and 9 shall be complied with whenever any part of the Memorandum or Regulations shall be taken up for alternation, modification deletion or addition etc. The Executive Committee shall be authorised to process the matter subject to the approval of the general body.

7.AMALGAMATION WITH ANY OTHER SOCIETY:

In case the society intends to amalgamate with any other socioty in future for jointly fulfilling certain objects, the provisions of section 12 of the Act shall be complied with and the Executive Cammittee shall be authorised to process the matters subject to the approval of the general Body.

 8.NAME OF THE SOCIETY TO BE PROMINENTLY SHOWN:

 The Society shall display its name outside the registered office and in all such place wherever the business of the Scciety is carried on. Also, the Society shall have a seal with its name engraved thereon. The provisions of section 13 of the Act shall be complied with in the above matters. All documents executed in favour of the society shall have the society’s name mentioned therein in terms of section 13 of the Act.

9.SUIT AND LEGAL PROCEEDINGS:

 All suits and legal proceedings by or against the society shall be in the name of the President, the Secretary, orany other office bearer as may be authorised by the Executive Committee. The matters shall be guided by Section 19 of the Act.

10.DISSOLUTION OF SOCIETY  

The Society may be dissolved by a resolution to be passed by three-fourth members of the Society at a general meeting subject to compliance of provisions of sections 24 and 27 of the Act.

If after the disposal and settlement of the property of the Society and its claims and liabilities, there are surplus assets such assets shall not be paid to or distributed amongst the members of the Society but shall be given to some other registered Society to be determined by the votes of three-fourth of the Members. Signed by us, all of us being first members of the Executive Committee as our acceptance to the Regulations of the Society:-

Sl.No                       Signature                                  Name                           Post Held
 

Dated …………………………….

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