ARDSI ARDSI ARDSI
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Constitution/By laws

RULES AND REGULATION
OF
ALZHEIMER'S & RELATED DISORDERS SOCIETY OF INDIA (ARDSI)
GUWAHATI CHAPTER

Interpretation :

 

1. In these Rules and Regulations :

 


a)   the Act means "the Assam Societies Registrations Act, ..."

b)  'the Seal' means "the COMMON SEAL OF THE SOCIETY."

c)  Gender of member/s shall be constructed as feminine and masculine or neuter as
circumstances may so admit.

 

2.  Unless the context otherwise requires, words, expressions contained in these Rules and Regulation shall have the same meaning as in the Assam. Societies Registration Act or  Any Statutory modification thereof in force at the date at which these rues and regulations become finding on the Society and its Members.

 

MEMBERSHIP (Stamp)

1. Admission :

a) The signatories to the Memorandum of Association of the Society shall be first           members of the Society.

b)  It provided that the Executive Committee may admit to membership any person and others of any caste, creed or sex gender who has attained the age of eighteen years and agrees in writing to be bound by the Memorandum of Association and regulations of the Society and who in the opinion of the Executive Committee will be interested in advancement of the objects of the Society.

 

Be it noted here that the power to admit members is the sole and absolute power of the Executive Committee and the Executive Committee may refuse to admit any person as a member without assigning any reason therefore :

 

2. Types of Members : ** ( Note 1 )

 

i) Patron/Advisors : Any eminent person qualified to be a member whose connection with the Society is deemed to be necessary by the Executive Committee may with the consent of such person be selected as a Patron. He may not be eligible to be member of the Executive Committee nor shall be entitled to vote at any meeting.

 

ii) Life Members : Persons who are enrolled as member upon a one time payment at the time of admission of a subscription of  ` 5,000/- (Rupees Five thousand only).

 

iii) Corporate Members : Corporates who are enrolled as members on payment at the time of  admission of an annual subscription of  ` 25,000/- (Rupees Twenty five thousand only).

 

iv) Honorary Members :  Persons of eminence who are invited to serve as honorary members as approved by the Executive Committee of the Society.

 

1. Cessation of Membership : Any member shall cease to be a member -(a) on his resignation from membership by a letter addressed to the Secretary, (b) on his becoming insane or insolvent, (c) on his conviction of any offence in connection with the formation, promotion, management or conduct of affairs of society of any offence involving moral turpitude.

 

2. Register of Members : The Society shall maintain a Register of members containing the names, occupations, the date of admission and the date of  cessation. The Register will be kept open for inspection of the members of society on requisition. All entries required to be made therein shall be entered within a period of 15 days.

 

3. Rights and Obligations of Members : Any member of the Society has the right – (a) to elect and to be elected in any election of the society, (b) to submit suggestion for discussion to the Executive Committee and sub-committee on any matter, (c) to inspect the accounts and the proceedings of the meetings of the society on appointment with the Secretary, (d) to pay his subscription within the prescribed time, (e) Defaulting members shall not be allowed to take part or vote in a meeting, (f) Members shall have one vote each.

 

4. Expulsion of Members : Frequent action of any member if found by the Executive Committee detrimental to the interest and is in violation of the rules and regulations of the Society, he may be after due enquiry, censured, suspended or expelled from the membership by the Executive Committee. In that case the Executive Committee shall first serve the member concerned with a show cause showing therein the charge framed and ask him to submit the statement of  his defence within a month. On receipt of the explanation,  the Executive Committee shall have the power to take a suitable action against the delinquent member after allowing him to defend the case. If no reply to the show cause notice is received within a month, the Executive Committee may take an ex-parte decision.

 

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

 

EXECUTIVE COMMITTEE

 

1.  Composition and Election : There shall be an Executive Committee consisting of not less than 9 members and it will be composed of the elected members. Elected members shall be elected at the Annual General Meeting of the Society. The office bearers of the Executive Committee shall consist of President, Vice-President, Hon. Secretary, Treasurer and others. The office bearers shall be elected by the Executive Committee amongst themselves.

 

2.  Termination of Membership : A member of the Executive Committee shall cease to be a member of the Executive Committee, if-(a) he resigns by letter addressed to the Hon. Secretary, (b) he absents himself from three consecutive meetings of the Executive Committee without any leave or without any reasonable ground, (c) he is convicted of any offence in connection with the formation, promotion, management of conduct of the affairs of a society of any offence involving moral turpitude.

 

3. Meeting : The Executive Committee shall meet at least once in three months. The Honorary Secretary shall convene such meetings by giving at least (14) fourteen days notice to the members of the Executive Committee. The Honorary Secretary shall hold a meeting of the Executive Committee at the request of the President or at least five members of the Executive Committee in writing.

 

4. Notice and Quorum : (14) Fourteen days notice shall be given to all members of the society in the event of a meeting of the Executive Committee being convened. The quorum of a meeting of the Executive Committee of the Society shall be forty percent of the members. If within half an hour from the time appointed for holding the meeting, a quorum is not present, the meeting, if called upon by the requisition of members shall stand dissolved. In any other case, it shall stand adjourned to the same day in the next week at the same time and place for which no fresh notice shall be issued. If at the adjournment to the meeting also a quorum is not present, within half an hour from the time appointed for holding the meeting, the members present, irrespective of their number, shall be deemed to form a quorum. If, for any reason, if it thinks expedient to adjourn the meeting for a longer period than mentioned above, fresh notice shall be issued as required. Should a matter of grave urgency arise, 48 hours notice shall suffice.

 

5.  Procedure of the Meeting :  The President, or in his absence, the Vice-President, shall preside over all meeting of the Executive Committee and in case of their absence members present shall elect a Chairman of the meeting. All questions before the meeting will be decided by a majority of votes, each member having one vote. The President or the Chairman shall have a second or casting vote in addition to his own vote in the case of equality of votes.

 

6.  Power and Duties of the Executive Committee : The Executive Committee shall have general power of supervision and conduct over all the society and in particular shall in charge the following duties : (i) To appoint sub-committee and delegate to those tasks as deemed fit, (ii) To formulate rules for organizations operating under the auspices of the society, (iii) To appoint staff and determine their service conditions, (iv) To operate the society all over the state of Assam for legal matters. Society shall come under the Jurisdiction of Gauhati High Court, (v) The society shall be a secular, non-profit, national, voluntary organization to which other organizations established with similar objectives may seek and secure affiliation, (vi) To initiate and encourage formation of chapters of the society, support groups and dementia care centers through various parts of Assam, (vii) To hear and discuss reports on the working of the society submitted by the Honorary Secretary and the statements of receipts and payments submitted by the Treasurer, (viii) To set up medical and scientific advisory board comprising of eminent professionals to advise the society, (ix) To approve expenditures incidental to the attainment of objectives within the budget sanctioned by the Executive Committee of the society, (x) To accept  donation, gift, subscription, movable or immovable property and asset for the objects of the society. (xi) To sell, lease, mortgage or otherwise dispose of and deal with all or any part of the property of the society as deemed necessary or expedient for the purpose of the society. (xii) To keep proper accounts of the society and to open bank account in the name of the society in one or more banks. (xiii) To co-opt. members to the Executive Committee, (xiv) To appoint a person or persons on present to assist the Honorary Secretary/Treasurer in the maintenance of account etc.


SAFE CUSTODY OF FUNDS


1.  The  Executive  Committee of  the  society shall be responsible for the safe custody of    
funds and assets of the society.

 

2. The funds of the society shall be kept in some nationalized Bank and to be invested in any securities specified under section 20 of the Indian Trust Act, 1882 & under Section-11(5) of the I.T. Act, 1961.

 

BOOKS OF ACCOUNT & INSPECTION OF

 

The books of account and other statutory books shall be kept at the registered office and shall be open to inspection of the members of the Executive Committee during usual office hours, and the same shall be open to inspection of the members at such time and place as the Executive Committee directs on a written request made by any member.

 

ACCOUNTING YEAR

 

The accounting year of the society shall be from the first day of April to the last day of March.

GENERAL MEETINGS

 

1. Annual General Meeting ( AGM) : AGENDA, NOTICE & QUORUM

The Honorary Secretary shall annually call the Annual General Meeting within a month from the end of the last financial year by giving at least 14 days notice to all members and shall hold the Annual election on the same date.

 

The business to be transacted at the Annual General Meeting shall be :

 

a)  To confirm the minutes of the last Annual General Meeting and of special general meeting if any.

b)  To adopt with our without modification the report of working of the society for the previous year ended.

c)  To pass audited accounts for the said year.

d)  To appoint qualified auditor or auditors.

e)  To transact such business as may be fixed by the Executive Committee.

f)  To transact such other business as may be brought forward by giving 14 days previous notice from any member.

g) To conduct general election to be held and to elect Executive Committee and office bearers.   One third of the total members shall form the quorum in the A.G.M.

 

2. Special General Meeting : A Special General Meeting may be convened by the Executive Committee at any time in view of urgency of the matter at least 7 days notice shall be given for special general meeting.

Members may request the Executive Committee for Special General Meeting by placing a requisition signed by two thirds of total members.  In that case the Executive Committee shall convene a special general meeting within a month from the receipt of such notice.   In default by the Executive Committee , the requisitionists shall hold such meeting provided no business other then those specified in the notice shall be transacted.

 

3. Extra-Ordinary General Meeting : An Extra-Ordinary General Meeting of the Executive Committee of the society may be convened by the Honorary Secretary at the written request of at least twenty percent of the members of the Executive Committee of the society or at the request of the President of the society.  The decisions taken at such extra-ordinary meetings shall have the approval of at least 2/3rds of the number of members present.

DUTIES OF OFFICE BEARERS


1. President:  He shall -


a) preside over all meetings of the society;

b) take all disciplinary actions such and removal , dismissal etc.  in  consultation with the Executive Committee.

c) advise the Honorary Secretary in any matter requiring urgent attention
d) call emergency meeting.

 

2.  Vice-President :   In the absence of the President the Vice-President shall perform all the duties of the President.

 

3.  Honorary Secretary   : He shall-


a) convene all meetings of the society
b) maintain minute books of the society
c) issue general circulars and notice
d) receive all applications of or membership which shall be placed before the Executive Committee.
e) sign on behalf of the society all receipts for all sums received as subscription etc.
f) sign and give pay order on all bills or payments
g) ensure compliance with statutory requirements
h) transact all other business subject to the direction of the Executive Committee.

4. Treasurer: He shall -


a) collect and receive all sorts of subscription, donations and deposit of money and rent receipts thereof
b)  maintain and keep cash book and such other accounts as are necessary

c)  operate bank account jointly with the Honorary Secretary or the President

d)  prepare the budget in consultation with the Honorary Secretary for consideration of the Executive Committee.

 

AUDIT OF ACCOUNTS

 

The society shall have its account audited once a year by a Chartered Accountant, such Audit shall be appointed in the Annual General Meeting and his remuneration shall also be fixed in that meeting.  The report of the Auditor shall be filed with the Registrar of Societies, West Bengal along with other returns as required under the provisions of  the Act.

 

SUITS & LEGAL PROCEEDINGS

 

All suits and legal proceedings by or against the society shall be in the name of the Honorary Secretary or by such person as shall be appointed by the Committee for the occasion.

 

ALTERATION OF RULES & REGULATION


The Memorandum and Regulations may be altered, modified, rescinded or added to by special resolutions passed by the 3/4th members in a general meeting called for the purpose.

 

The Executive Committee shall have powers to make, alter modify or rescind such bye- laws and rules as may be considered necessary in the interest of smooth functioning of the society.

 

LEGAL ACTION

 

The society may use or be sued in the name of the Honorary Secretary or any person appointed for this purpose by the Executive Committee of the society.

 

COMMON SEAL

 

The Executive Committee shall provide a common seal for the purposes of the society which shall be kept under such custody and control as the Executive Committee shall from time to time determine. The seal of the society shall not be affixed to any instrument except pursuant to a resolution of the Executive Committee and in the presence of two members of the Executive Committee who shall sign every instrument to which the seal is affixed in their presence and every such instrument shall be countersigned by the Honorary Secretary.

 

DISSOLUTOIN OF SOCIETY

 

Subject to the express provisions of the Assam  Societies Registration Act , …… or any statutory modifications thereof, the society may be dissolved by a resolution to that effect passed by three fourths of the members of the society present at a general meeting.  The said meeting shall also decide the manner of disbursement of the funds and assets of the Society, if any, after dissolution.

 

We, the undersigned members of the first Executive Committee of the Society, do hereby certify that the above is a true copy of the Rules and Regulations of Association as referred to in the Memorandum of Association of the Society.

 

Signature of members of the first Executive Committee as referred to in the Memorandum of Association of the Society.

 

** ( Note 1 ) By passing a special resolution in an Extra Ordinary General Meeting of the members of the Society , held at Gymkhana Club at 8.00 pm  on  Friday, 14th  day of  November , 2012, the following special resolution was adopted.

Special Resolution 1.  "RESOLVED that in Rules & Regulations, under Item no 2 Types of Membership , in addition to four categories of membership , there will be  additional categories of membership as follows :

 

1. Annual Ordinary Members : Persons who are enrolled as member up on payment at the time of Admission of an annual subscription of Rs 500/- ( Five hundred only )

 

2. Overseas Life Members : NRIs / PIOs, staying in countries outside of India who are enrolled as member upon a one time payment at the time of admission of a subscription of  US $ 500/- (US Dollar Five Hundred only)

    • 3. Annual Overseas Ordinary Members : NRIs / PIOs, staying in countries outside of India who are enrolled as member upon payment at the time of admission of an annual subscription of  US $ 50/- (US Dollar Fifty only)."

     




OFFICE ADDRESS
House no-35, Arunudoi Path, Hatigaon,
Guwahati. Assam
Helpline Number 9435048090
              

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