MOA & Byelaws – Kaushal Foundation

Memorandom of Association & Byelaws

1. NAME
The name of the Society will be “KAUSHAL FOUNDATION”.

2. LOCATION OF REGISTERED OFFICE
The office of the Society will be located at House No 290, Sector 16, Chandigarh – India.

3. Area of Operation
The area of operation of the Society shall be any part of India or abroad

4. AIMS AND OBJECTS
The aims and objects of “KAUSHAL FOUNDATION” will be as follows:

To inculcate in and encourage men and women, who have the capacity and are willing to devote it, to undertake social work in the service of the needy; to serve humanity, by individual work, as well as by participating in group activities in social service.
To identify spheres in which social work is required and to start appropriate projects with service to humanity as the end in view.
To provide a forum and a centre for exchange of information about social work in different spheres.
To set up Senior Citizens’ Homes for the aged persons, working Homes for destitute women, Loving Homes for neglected children and Rehabilitation Homes for the handicapped and ex convicts.
To provide education and health outreach to the poor and the needy
To provide legal aid to those who can not afford it.
To take up Public Interest Litigations for important public issues
To work for literacy, both male and female, including computer literacy
To work for increasing employability of the people
To run ambulance services
To work for preservation of ecology and environment
To work for amelioration of child labourers
To bring social justice to women
To work in close cooperation with other welfare organizations and agencies working in the same fields.
To take up any such work which will be incidental or conducive to the attainment of the above aims and objectives.

5. The “KAUSHAL FOUNDATION” will be a charitable society. It will be open to all in service of needy persons without any distinction of Caste, Creed, Religion, Sex or Age.

The income and Property of the society shall be applied solely towards the promotion of the object of the society as set forth in Memorandum of Association and no portion thereof shall be paid to or transferred directly or indirectly to the members of the society.
No member of the Governing body of the society shall be appointed to any salaried offices of the Association or any office of the Association paid by fees and no remuneration shall be given by the Association to any member of such governing body except repayment of out of pocket exp. & interest on money lent or rent for premises demised to the Association.
The society/Association by its constitution is required to apply it profits, if any, or the other income in promoting its objects.
If upon the winding up or dissolution of the Association there remains/ after satisfaction of all its debts and liabilities, any property whatsoever, it shall not be distributed among the members of the Society, but shall be given or transferred to some other institution having objects of the society to be determined by the members of the society at or before the time of dissolution.

6. POWER AND DUTIES
The Society will be governed as under:-
These will be governed as under:-

In accordance with the Rules and Regulations and the guide lines laid down by the General Body from time to time; to raise funds locally and from outside; receive donations funds and grants, for specific purposes besides gifts, a securities, prize money; to acquire property, moveable or immoveable by gifts, purchase, hire, lease or otherwise and to dispose of the same, if need be.
To apply for and receive grants from Government or local bodies, and annual subscriptions and issue receipts thereof.individual.
To institute awards, prizes, honorarium to anyone other than any office bearer of the Kaushal Foundation in furtherance of the social work.
To issue appointment letters for various posts in the “KAUSHAL FOUNDATION”, in accordance with the Rules and guide lines as may be laid down from time to time.

7.DISSOLUTION
In the event of dissolution of “KAUSHAL FOUNDATION”, the assets and liabilities will be transferred to an institution having similar aims and, if such an institution is not or silly found, then to the U.T. Red Cross Society. In no case the assets, is any, shall be transferred to an individual.

8. AMENDMENT OF THE CONSTITUTION
The General Body of the “KAUSHAL FOUNDATION” shall be competent to amend the Constitution. For this purpose, ten day’s advance notice to the members of the “KAUSHAL FOUNDATION” will be necessary. Quorum for this purpose will be 1/4th of the total numbers of the “KAUSHAL FOUNDATION” and the amendment may be passed by 2/3rd majority of the participating members.

8. DISPUTES
All the disputes arising out of an in the cause of the functioning and conduct of the “KAUSHAL FOUNDATION” shall be referred to the arbitration of the Committee consisting of the President, Vice-President and Secretary whose decision shall be binding.

We shall earnestly and selflessly endeavour :-

To inculcate in and encourage men and women, who have the capacity and are willing to devote it, to undertake social work in the service of the needy; to serve humanity, by individual work, as well as by participating in group activities in social service.
To identify spheres in which social work is required and to start appropriate projects with service to humanity as the end in view.
To provide a forum and a centre for exchange of information about social work in different spheres.
To set up Senior Citizens Homes for the aged persons, working Homes for destitute women, Loving Homes for neglected children and Rehabilitation Homes for the handicapped and ex convicts and any shelter of any other type.
To provide education and health outreach to the poor and the needy.
To provide legal aid to those who cannot afford it.
To take up Public Interest Litigations for important public issues.
To work for literacy, both male and female, including computer literacy.
To work for increasing employability of the people.
To run ambulance services.
To work for preservation of ecology and environment.
To work for amelioration of child labourers.
To bring social justice to women.
To work in close cooperation with other welfare organizations and agencies working in the same fields.
To take up any such work which will be incidental or conducive to the attainment of the above aims and objectives.

RULES AND REGULATIONS

RULE-1

1.1 MEMBERSHIP

Categories of Member of the Association &

Terms of Admission of Members
The “KAUSHAL FOUNDATION” will have the following classes of members:

Patrons For Life
Life Members For Life
Honorary Members:- The Executive Committee may offer Honorary Membership to the selected persons for a specified period. Such members, however, shall have no voting rights.
Institution Members:- The Executive Committee may offer membership to an instAitution for a specified period. Only two members can attend the meeting of the General Body and may also be invited to attend Executive Committee meeting but they will have no voting rights.

1.2 ADMISSION TO MEMBERSHIP

All application for membership, of whatever category, shall be placed before the Executive Committee.
In every such case, the co-Executive Committee at one of its ordinary meetings shall consider the application and, if approved, membership will commence after the subscription has been received. Applications for membership cannot be approved except at meetings as stated herein.
The Executive Committee shall have full discretion to refuse membership without assigning reasons and its decision will be final.

1.3 Consequences of non-payment of subscription fee etc:
A member shall cease to be a member if he fails to remit his subscription despite a notice of 30 days upon his aforesaid default.

1.4 Fine and forefeitures to be imposed on any member.
The Executive Committee shall have the right, after giving at least 10 clear days notice in writing, by Registered Post, to withdraw membership by a member, or to expel any member, or fine a member, or forfeit his subscription, who has acted or is acting, in any manner prejudicial to the interests of the “KAUSHAL FOUNDATION” , or whose membership may, in the opinion of the Executive Committee, prove undesirable or embarrassing.

1.5 REGISTER OF MEMBERSHIP
The “KAUSHAL FOUNDATION” shall maintain an uptodate register showing the names, addresses and telephone numbers if any its members.

1.6 RIGHTS OF MEMBERS

Patrons and Life Members shall have the right to vote and to be eligible to stand for election to any office of the “KAUSHAL FOUNDATION”.
Any member may be invited by the Executive Committee wherever appropriate, to attend and participate in any of its meetings.

RULE-2

2.1 FINANCIAL YEAR
The Financial year of the “KAUSHAL FOUNDATION” shall from 1st April to 1st March.

2.2 FUNDS AND ACCOUNTS

The funds of the “KAUSHAL FOUNDATION” shall be deposited in a nationalized Bank, in the name of “Citizens” Association of Relief, Education and Service”
These shall be operated upon monies withdrawn by the Treasurer or any other member so authorized for a particular case. The Cheques/withdrawal slips, may be signed by any two of the following:
1. The President
2. The Secretary
3. The Treasurer
The accounts of the “KAUSHAL FOUNDATION” shall be audited annually by a registered firm of Chartered Accountants.
The Executive Committee shall manage and invest the funds in an appropriate matter and this will be shown in the annual Audit Balance Sheets.
Where is Execution of Deeds and Instruments by or on behalf of “KAUSHAL FOUNDATION” is required, this shall be done by the President.

2.3 DONATIONS

Donations will be accepted from any person or organisation, duly acknowledged, properly accounted for and utilized for providing service to needy persons, through project selected by the Executive Committee.

2.4 RESTRICTIONS FOR THE USE OF INCOME

Kaushal Foundation shall be a nonprofit making organisation. Any earnings or income of the “KAUSHAL FOUNDATION” will be used exclusively for the aims and objectives of this Society. No office bearer of Kaushal Foundation shall be paid any remuneration of any kind, including TA/DA for this social work.

RULE-3

3.1 GENERAL BODY AND COMMITTEES

The General Body of the “KAUSHAL FOUNDATION” shall consists of all its Patrons and Life Members.

3.2 EXECUTIVE COMMITTEE

The Executive Committee shall consists of the following:

President
Secretary
Treasurer
Four members nominated by the new President.
In addition, Chairman of any Committee appointed by the President
The President or Secretary acting under the directions of the President may invite specialists and experts in any field or social work with or without voting rights.

3.3 A Committee shall be appointed by the Executive Committee as and when required. Any member may be required to serve on them. Life of committee shall be given out when appointing such a committee and it may be extended/ cut short/ terminated by the Executive Committee.

3.4 MEETINGS

There shall be the following types of the meeting.:

Annual general Meeting.
Extra- ordinary General Meetings.
Executive Committee Meeting.
Committee Meetings.
Other Meetings.

3.5 ANNUAL GENERAL MEETINGS

Annual General Meeting shall be held every year, after the audit is completed. It will transact the following business:-

Receive and adopt the report of the Executive Committee and the statement of Accounts, duly audited for the financial year.
Appoint auditors for the current year.
Elect Office bearers which may be placed before it by the Executive Committee.

3.6 EXTRA ORDINARY GENERAL MEETING

Extra Ordinary General Meeting will held when requisitioned, in writing along with the draft agenda, by at least 10 members of the “KAUSHAL FOUNDATION” to the President. The meeting shall transact only such business as it has been called to transact. An extra Ordinary General Meeting may also be held, if so desired, by the Executive Committee to discuss any important issue for which the approval of the General Body is required.

3.7 Executive COMMITTEE MEETING

Executive Committee shall be meet generally every month. It may meet often if the President so decides, or at least three of its members as for it in writing. The Executive Committee shall make rules for regulating its proceedings.

3.8 COMMITTEE MEETING

The Chairman of the Committee may call its meeting as and when considered necessary and will regulate its proceedings.

3.9 QUORUM

The quorum for the meetings will be as follows:-

Annual General Meeting / Extra Ordinary General Meeting:- One tenth of the total membership.
If at any stage the quorum is not complete, the meeting will be adjourned and a fresh meeting be called after a fortnight in the case of Annual/Extra Ordinary General Meeting and week in the case of Executive Committee Meeting, when those present will from the quorum. This shall be minuted.

3.10 ELECTION

All Office bearers shall be elected on every three years at the Annual General Meeting for one term. The term of office of such members shall be Three years. :-

President
Vice President
Secretary
Joint Secretary
Treasurer

3.11 Other conditions for the election will be as follows:

Every member shall have one vote.
Vote by proxy shall in no case be permitted.
A member can contest election in absentia provided he fulfils all the required qualifications and gives his consent in writing.
A clear notice of 10 days shall be given to all members of the “KAUSHAL FOUNDATION”
The President shall submit the resignation on behalf of whole of the Executive Committee before the commencement of the election and a senior member may be nominated by the out going President to conduct the election provided he is not standing for election to any office. All these proceeding will be properly minuted.

3.12 TERM OF THE EXECUTIVE COMMITTEE

a. The Executive Committee shall have a term of Three years. In emergent cases this term can be extended.
b. The Executive Committee shall hold the office at the pleasure of the General Body.

3.13 RESIGNATION, SUSPENSION AND REMOVAL OF THE OFFICE BEARERS AND MEMBERS OF THE Executive COMMITTEE

An office bearer or a member of the Executive Committee shall cease to hold office on his resignation having been accepted by the President. The President will address his resignation to the Vice President and the decision on it will be taken by the Coordination Committee.
A member of the Executive Committee including the office bearer may be suspended, removed by the 2/3rd majority of the members. The vacancy thus caused will be filled by the Executive Committee by 2/3rd majority.
A member of the Executive Committee shall cease to be its member if he fails to attend three consecutive meetings of the Committee without cogent reasons so expressed in an application addressed to the President. The decision in this respect will be taken by the Executive Committee. Vacancy thus caused will be filled by the Executive Committee by 2/3rd majority.

RULE-4

POWERS AND DUTIES

4.1 POWERS OF THE GENERAL BODY

The General body shall have supreme powers in all matters.
It shall meet at least once a year unless the Executive Committee so decides or at least 10 members requisition it.
It shall elect office bearers viz President, Vice President, Secretary, Joint Secretary and the Treasurer.
To impeach any of the Office bearers or whole of the Executive Committee and to hold re-election.
To consider the Annual Report of the “KAUSHAL FOUNDATION” for the closing year.
To consider and pass the audited accounts of the “KAUSHAL FOUNDATION”
To consider and pass the budget of the “KAUSHAL FOUNDATION” as and when presented by the Executive Committee.
To consider the proposals submitted by the Executive Committee and to pass them either with or without amendments or reject them.

4.2 POWERS OF THE EXECUTIVE COMMITTEE

To prepare the budget of “KAUSHAL FOUNDATION” and get it passed by the General Body.
To place its annual report before the “KAUSHAL FOUNDATION”.
To get accounts audited by the Auditors and place the audited accounts before the General Body.
To frame rules of business for its conduct.
To form committee for the discharge of its functions whenever necessary.
To exercise all control over the movable and immovable property of “KAUSHAL FOUNDATION”.
To have full financial powers.
To remove any life member or patron, if his act and conduct is detrimental to the interest of the “KAUSHAL FOUNDATION” by a majority of 2/3rd members of the Executive Committee present in a meeting convened for the purpose.

4.3 PRESIDENT

To attend and preside over the meetings of the Executive Committee and General Body.
To maintain dignity and decorum in the meetings and to enforce constitutional provisions.
To introduce any subject of importance in the Executive Committee for approval.
To allocate the work amongst the members of the Committee.
To approve agenda of the meetings and call the meetings of the General body and Executive Committee.
To work for the reconciliation at the time of any lock and exercise the powers of casting vote, if need arises.
To sign proceedings of the meetings.
To keep control over the activities of the “KAUSHAL FOUNDATION”.
To strive for the uplift and improvement of financial position of the “KAUSHAL FOUNDATION” and to check the accounts and moveable and immovable property of “KAUSHAL FOUNDATION” at any time.
To pass/ countersign every voucher.
to exercise control over the income and expenditure of the “KAUSHAL FOUNDATION” and to supervise the work of all office bearers of the “KAUSHAL FOUNDATION”.
Will be competent to approve any expenditure upto Rs 1 Lakh as per aims and objects of the Society at any one time.

4.4 VICE PRESIDENT

To carry out any duties as allotted by the President.
In the absence of the President, he shall exercise the powers of the President and discharge all his function.
In the case of untimely death of the President, he will officiate and carry out all duties of the President and exercise powers vested in him, till such time that a new President is elected.

4.5 SECRETARY

To prepare agenda for every meeting of the General Body and the Executive Committee in consultation with the President.
To record proceedings of the meetings and get these countersigned by the President.
To prepare a report of the activities of the “KAUSHAL FOUNDATION” and present it to the General Body.
To maintain the record of the “KAUSHAL FOUNDATION” except that pertains to the Cash Books and any such books on financial transactions, which are to be maintained by the Treasurer.
To apprise the President with the latest position of the “KAUSHAL FOUNDATION” and to work in close contact with him.
To draft letters, memorandum and to dispatch them to the concerned quarters in accordance with the decisions arrived at in the meetings of Executive Committee or General Body.
To spear head the collection of funds and keep up to date information with regard to the income and expenditure of the “KAUSHAL FOUNDATION”.
To check the movable and immovable property of the “KAUSHAL FOUNDATION” occasionally.
To perform any other duties as allotted by the President.
To incur expenditure upto Rs. 10,000/- at any one time subject to the post facto approval of the President.
Will be incharge of all movable & immovable property held by the “KAUSHAL FOUNDATION” and keep a record of the distribution to all Centres.
To plan, arrange and get the approval of the President for the yearly Stock-Taking devaluation or otherwise, condemnation and disposal of all property.
Will be incharge of the Press and propaganda wing of the “KAUSHAL FOUNDATION”.

4.6 JOINT SECRETARY
Shall assist the Secretary in respect of such duties that are assigned to him by the Secretary, with the concurrence of the President.

4.7 TREASURE

To collect donation and contributions.
To prepare monthly balance sheet of income and expenditure.
To maintain Cash Book and all financial documents.
To keep cash in hand upto Rs. 10,000/- only.
To make payment in connection with various item of expenditure.
To get Vouchers approved by the President.
To withdraw/ deposit the amount in the Bank.
To issue receipt books to the members for collection of donations etc authorized by the Executive Committee and keep accounts there of.

4.8 MEMBERS OF EXECUTIVE COMMITTEE

To attend every meeting of the Executive Committee as well as the General Body.
To work as a team for the successful achievements of the aims and objects of the “KAUSHAL FOUNDATION”.
To help in enlisting more members for the “KAUSHAL FOUNDATION”.
To propagate the activities of the “KAUSHAL FOUNDATION”.
To assist the office bearers in all matters as assigned by the President.

4.9 PATRONS

A patron shall be a life member of “KAUSHAL FOUNDATION” and he will participate in the deliberations of the Executive Committee when so invited.