MEMORANDUM OF ASSOCIATION

OF

XYZ SOCIETY

(Registration under Societies Registration Act, XXI of 1860)

  1. Name of the society :           XYZ SOCIETY
  1. Location :
  1. Area of Operation :           NCT of Delhi
  1. Objects
    • To promote education, establish school, colleges, and institutions and provide free education.
    • To promote health, establish hospitals and provide free treatment to patients.
    • To accept the requests, gifts, donations and subscriptions to accumulate and provide funds or endowments and to invest sum and apply the income arising there from or to use the capital thereof for any of the objects of society.
    • To Promote Education (Especially girl education), Literal, Commercial, Technical, Basic, Adult and Social.
    • To Spread Technical Education in rural, backward and other areas.
    • To encourage the studies of Oriental Languages and Technical Educations.
    • Plantations and encourage the youth to create healthy & wealthy environment.
    • To procure public contribution, Government and local bodies aid for the public institutions and undertaking to be started by this society.
    • To amalgamate other Societies whose aims and objects are similar to those of this Society.
    • Distributions of free literature and maintain libraries and reading rooms.
    • To provide scholarships and other facilities for the Education of the Deserving Students.
    • To work for the betterment of weaker sections viz. SC/ST, women, children, senior citizens, and disabled etc. with a vision of social justice.
    • To launch various developments oriented and trust based activities with the sole objects of the Nation Building.
    • To fight against social wrongs like discrimination and harassment based on gender, caste and class.
    • To encourage Adult Education and Adult Literacy center and to start schools for the handicapped.
    • To provide institutions and individuals with requisite information on national issues, through own sources or setting up system or from donations or funds received from third parties/through networking channels.
    • To aware people about their Legal and Human Rights.
    • To spread awareness in respect of Importance of Water, Environment, Water Resources, etc.
    • To open and run Institutions for Vocational Training.
    • To give assistance to physically handicapped persons.
    • To provide free legal aid to poor’s.
    • To work for Women Development & Empowerment.
    • To spread awareness about HIV/ AIDS.
    • To spread awareness of Importance of Family Planning.
    • To work for the Rural Development.
    • To work for the promotion of Tourism Urban Development.
    • To work for awareness regarding Legal Awareness and Aids.
    • To work for promotion of Sports, Art & Culture.
    • To create awareness about disaster management.
    • To collaborate with corporate houses to fulfill their social responsibilities.
    • To fight against corruption and make people aware about their legal and consumer rights.
    • To arrange employment for unemployed youth.
    • To associate with similar natures organization for fulfillment of society aims and objects.
    • Eradicating hunger, poverty and malnutrition, promoting preventive health care and sanitation and making available safe drinking water;
    • Promoting education, including special education and employment enhancing vocation skills especially among children, women, elderly, and the differently abled and livelihood enhancement projects;
    • Promoting gender equality, empowering women, setting up homes and hostels for women and orphans; setting up old age homes, day care centres and such other facilities for senior citizens and measures for reducing inequalities faced by socially and economically backward groups;
    • Ensuring environmental sustainability, ecological balance, protection of flora and fauna, animal welfare, agro forestry, conservation of natural resources and maintaining quality of soil, air and water;
    • Protection of national heritage, art and culture including restoration of buildings and sites of historical importance and works of art, setting up public libraries, promotion and development of traditional arts and handicrafts;
    • Measures for the benefit of armed forces veterans, war widows and their dependents;
    • Training to promote rural sports, nationally recognized sports, paralympic sports and Olympic sports;
    • Rural development projects.
    • To work in the field of make in India.
    • To work for betterment of India.
    • To stop child labour and educate others regarding same.
    • To apply various licenses like 80G, 12A, 35AC & FCRA for fulfillment of society objects.
    • To access funds from Government and semi-government sources, local bodies, banks and other financial institutions, trusts and any other legally constituted bodies Act the State, national, and international levels engaged in lawful activities to promote the society’s’ objectives.
    • To receive loans, grants, donations and technical services from any bilateral, multilateral, and international bodies such as governments, United Nations, World Bank, International Financial Corporation and other bodies for promotion of livelihoods and natural resource management.
    • The Society by its constitution is required to apply its profits, if any, or other income in promoting its objects.
    • All the incomes, earnings, movables/ or immovable properties of the society shall be solely utilized and applied towards the promotion of its aims and objectives only as set forth in the memorandum of the society and no profit on thereof shall be paid or transferred directly or indirectly by way of dividends, bonus profits or in any manner whatsoever to the present and past members of the society or to any person claiming through anyone or more of the present or the past members “no member of the society shall have any personal claim on any movable or any profits, whatsoever, by virtue of the membership.
    • In case of dissolution of fund/assets will be transferred only to some other society having similar objectives.
  1. To name, addresses, occupations and designation of the present members of this Governing Body to whom the management of the Society’s affairs are entrusted are as follows (As Required under Section 2 of Society Registration Act 221 of 1860.
SL NAME & ADDRESS AGE OCCUPATION DESIGNATION
 

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  1. We the undersigned are desirous of forming a society in pursuance of this memorandum of Association
S L NAME & ADDRESS AGE DESIGNATION SIGNATURES
 

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Witness

Date of establishment:

Place:

 

RULES AND REGULATIONS

(Registration under the Societies Registration Act, XXI of 1860)

  1. Name of the society :           XYZ SOCIETY
  1. Location :
  1. Area of Operation :           NCT of Delhi
  1. Objects :           According with society testimonial
  1. General Clauses :
    • The Society means the XYZ Society registered under society’s registration Act, 1860.
    • YEAR means the official year of the Society beginning from 1st April and ending on 31st March of the following Year.
    • GENERAL MEETING means a general meeting of the Society.
    • The PRESIDENT means the President of the Society.
    • The VICE-PRESIDENT means the Vice-President of the Society.
    • The GOVERNING BODY means the Committee of the Society elected under these rules.
    • The SECRETARY, Assistant SECRETARY and TREASURER mean the Secretary, the Assistant Secretary and the Treasurer for the time being of the Society.
    • OFFICE means the Registered Office for the time being of the Society.
    • SEAL means the seal of the Society.
  1. MEMBERS OF SOCIETY
    • Membership – Any person above age of 18 years or any society, who is /are interested in the aims and objects of the Society, irrespective of caste, creed and/or religion and who agrees in writing to be bound by the Memorandum and Articles of Association of Society may be admitted as a member of the Society.
  • Classes of Members – The Society shall have the following classes of members:
  • Life Member: Any person, making a lump sum payment of Rs. 10000.00 (Rupees Ten Thousand Only) may be admitted as a Life Member of the Society by the Governing Body. A person desirous to be a Life Member shall apply in prescribed Application Form together with the requisite fees duly seconded by any Life Member/Committee Member.
  • Honorary Member: Any individual / Society / Association qualified to be a member and whose connection with the Society is deemed necessary, may be taken as Honorary Member but shall not be entitled to vote in any meeting.
  • Ordinary Members: Any person making a payment of Rs. 1000.00 (Rupees One Thousand Only) yearly may be admitted as Ordinary Member of the Society by the Governing Body. A person desirous to be a Ordinary Member shall apply in Prescribed Application Form together with the requisite fees duly proposed and seconded by any member of the Governing Body. The applicant may be admitted to the Ordinary Membership of the Society provided three-fourth of the members present at such committee meeting give their consent to that effect.
  • Cessation of Membership: Any Member shall cease to be a member of the society:
  • If he dies or if he is adjudged insolvent or if he is found by a competent court on inquisition to be of unsound mind or if his conviction in any offence connected with the formation, promotion, management or conduct of affairs in public life or of a Society involving moral turpitude.
  • On his resignation from membership by a letter addressed to the Secretary or President.
  • Not paid subscription money.
  • Not attend two consecutives general body meetings.
  • Governing body has absolute power to terminate any person from General Body after giving opportunity of hearing.
  • Register of Members: The Society shall remain a Register of Life Members and Honorary Members and also of Ordinary Members containing Names, Addresses and Occupations, status of membership subscription, date of Cessation. The Register shall be kept open for inspection of the members of the Society on requisition.
  • Voting Right of the Member: Each Member shall have one Vote. The Honorary Members are not entitled to caste vote. No Member is entitled to caste his/her vote at any meeting unless all money due from him to the Society has been cleared.
  • Proxy: A Proxy shall be appointed in writing under the Letter Head of the Appointer prior to 48 hours of the meeting.
  • Expulsion of Member: A majority of three-fourth of the members present in a meeting and entitled to vote may by a resolution remove from the list of members the name of any member provided that due notice of the meeting and of the resolution to be moved is given at least 72 hours before meeting. Any such person, shall, from the date of passing of such resolution, cease to be a member of the Society and not to exercise the rights and privileges of membership.
  • Admission Fees / Membership Subscription non-refundable: No one, ceasing to be a member of the said Society for any reason whatever shall be entitled to the refund of any money paid by him/her by way of admission fees/subscription to the Society.
  • Rights & Obligations of Life Member:
  • Any Life member shall have the right to elect and to be elected in any election of the Society.
  • To submit suggestions for discussions in the meeting of the Governing Body and Sub-Committee in any matter.
  • To inspect the accounts of the Society on appointment with the Secretary.
  • To forego his membership after due information in writing to the Governing Body.
  • Life Members shall have one vote each. The Life Members shall elect the office bearers of the Society. 
  1. GOVERNING BODY 
  • Composition of Committee: The elected Committee Members shall elect President/ Vice President / Secretary/Assistant Secretary and Treasurer among themselves in the General meeting itself, if possible, or within 21 days from the date of the said General Meeting. The committee shall consist of One President, One Vice Presidents, One Secretary, One Assistant Secretary and One Treasurer besides a maximum of 21 ordinary members. The committee shall co-opt not more than 5 members. 
  • Tenure: The Tenure of any elected Governing Body should not exceed 60 months or till the next Governing Body elected.
  • Terms of Election: All members of the Governing Body shall retire at the General Meeting having election agenda following their election when the Committee shall be formed. Any member is entitled to get nomination for a portfolio member of the Committee for continuous 2 terms at a row.
  • Termination of Membership: A member of the Governing Body shall cease membership if: –
  • He resigns by a letter addressed to the Secretary or President.
  • He is convicted of any offence in connection with the formation, management or conduct of affairs of a Society or body corporate or any offence involving moral turpitude.
  • Committee to act notwithstanding Vacancy: The committee shall have power to act notwithstanding any vacancy in their body and no act done by the committee shall be questioned merely by reason of existence of a vacancy or any defect in the constitution of the committee. But if the member of the Committee shall at any time fall below three, the Committee shall not act except for the purpose of taking steps to fill up the vacancies, or calling an Extra Ordinary General Meeting to fill up the vacancies.
  • Meetings: A meeting of the Governing Body shall be held at least once in three months at such time and place as the president or the Secretary may determine. Any 4 Board Members may requisition a Governing Body meeting and the Secretary shall summon the same within 7 days and failing which the President or the Requisitionist’s may do so provided no business other than that specified in the notice shall be transacted at such meeting. Ordinarily all meetings of the Committee shall be called by the Secretary of his own initiative or under instruction from the President of the Society.
  • Notice of the Meeting and Quorum: At least 3 days notice of the meeting specifying the place, time and the general nature of the work and business to be transacted shall be given to every member of the Governing Body.

Emergency Board Meeting may be called given 24 hours notice. One-half members, personally present shall constitute a quorum for the meeting and if a quorum is not present within 30 minutes of the time, the members present may adjourn the meeting.

  • Procedure of the Meeting : The President and in the absence of the President, the Vice President shall preside over all meetings of the Governing Body Meeting and in the absence of both the members present shall elect a Chairman of the said Meeting. Each member has one vote. The President or the Chairman shall have a 2nd or Casting Vote in addition to his own vote in the equality of votes.
  • Power & Duties of the Governing Body: The Governing Body shall have powers of supervision and conduct all the affairs of the Society and in particular shall discharge the following duties:-
  • To summon the Annual General Meeting of the Society.
  • To appoint Sub-Committee with such power and duties as may be considered necessary in the interest of the society.
  • To accept Loan from Members and Patrons, beneficiaries and well-wishers on terms mutually agreed upon, donation, gift, subscription, movable or immovable property for securing the objects of the Society.
  • To sell, 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.
  • To keep proper accounts of the Society and to open Bank accounts in the name of the society in one or more National or Private Bank.
  • To create and set up separate Wing / Division / Department / Service Center / Trust / Institute under byelaws and open a separate Bank A/c. thereof in the name of each Unit / Wing with a view to giving diversified services to the members.
  • To initiate Mutual benefit, Self-help and other Beneficiary Schemes, with rules and byelaw framed there under, for the welfare and benefit of the members.
  • To appoint Staff including Chief Executives at salaries, allowances, gratuities and/or other privileges within the sanctioned budget and to define their powers and duties and to suspend or dismiss or dispense with their services as the occasion may require.
  • To set up new Departments and to appoint any Departmental Committees or Sub-Committees of the Members of the society or of other persons, technical experts etc. and such departments, departmental committees or sub-committees may be permanent or temporary or for special purposes as the Governing Body may determine.
  • To co-opt not more than five members to the Governing Body.
  • To prepare and give effect to schemes for the attainment of the objects of the Society or any of them.
  • To affiliate and or to enter into any arrangement upon such terms and subject to such conditions as the Governing Body may decide with any Association / Society / Public Bodies / Government organizations having objects similar to those set forth in the Memorandum of Association of the Society.
  • To receive, examine and pass all audited accounts and countersigned by the Secretary and the Treasurer.
  • To invite Guests, Eminent Personalities and Visitors to attend the Annual General Meeting or any other meeting of the Society or of the Departments / Committee or Sub-Committee of the Society.
  • Generally to look after the Business of the Society and take all possible measures and steps to promote the popularity of the Society with a view to make success of its aims and objects and to increase the status, dignity and honor of the Society and members thereof.
  • To take loan with or without interest, accept donation and gifts and to acquire purchase, to take on lease or otherwise land and/or building and all other properties, movable or immovable, which the Governing Body may think proper.
  • To sell, improve, manage, develop, exchange, lease or let, sub-lease or sub-let, mortgage, dispose of, turn to account or otherwise to deal with all or any part of the property of the Society. To invest the money and property of the Society, not immediately required, upon such securities or in such a manner, as the Governing Body may be found expedient.
  • To Constitute Advisory Committee whenever required by inviting the Experts and/or Govt. Nominees to help the Governing Body of the Society for the effective guidance to the members and associates.
  • Vacancies for re-election:

Any vacancy occurring in the office of the President, Vice-president, Treasurer, Secretary, Assistant Secretary or any other Members of the Committee during the interval between two Annual General Meetings, shall be filled up by the Governing Body in any General Meeting in such manner as the committee may decide.

  1. MEETINGS

General Meeting: There shall be three kinds of general meetings;-

  • ANNUAL GENERAL MEETING
  • ORDINARY GENERAL MEETING
  • EXTRA-ORDINARY GENERAL MEETING

Annual General Meeting:

The Society shall hold an Annual General Meeting as per provisions of the act every year and not more than 15 months shall elapse between two successive Annual General Meetings. At least 14 days Notice specifying the time, place, day and hour with other mandatory contents of the Notice shall be given to every member of the Society.

Ordinary General Meeting:

The Society shall hold an Ordinary General Meeting as and when necessary. At least 14 days Notice specifying the time, place, day and hour with other mandatory contents of the Notice shall be given to every member of the Society.

Quorum:

The quorum for transaction of any business in ordinary General Meeting shall be one-third (1/3) of the total number of members either personally or by proxy.

Extra-Ordinary General Meeting:

An Extra-Ordinary General Meeting may be convened by the Governing Body at any time in the view of urgency of the matter. At least 14 days notice shall be given for conducting any such General Meeting.

An Extra-Ordinary General Meeting shall be convened by the Secretary if 2/3 rd members of the Society requisition such meeting specifying the nature of the business to be transacted at the meeting. On receipt of such notice if the Secretary fails to convent such Extraordinary General Meeting within 21 days, the Requisitionists may hold such meeting within 42 days of the date of receipt provided no business other than that specified in the requisition should be transacted.

Adjourned Meeting:

If within half an hour from the time appointed for the meeting a quorum of members is not present, shall be dissolved in case of requisition but in other case that meeting shall stand adjourned to the same day and same time and place in the following week. The business on agenda shall be transacted by the members present whatever be the numbers, making no alteration, addition or modifications in the said Notice and Agenda.

The President may with the consent of the meeting adjourn any meeting including General Meeting from time to time and from place but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

Business to be transacted at the Annual General Meeting:

  • To confirm the Minutes of the last Annual General Meeting and of other than Annual General Meeting, if any;
  • To adopt with or without modification the Report of the workings of the Society in the previous year;
  • To adopt audited accounts for the previous year.
  • To appoint auditor and to fix remuneration thereof;
  • To elect New Governing Body Members, when due.
  1. DUTIES OF THE OFFICE BEARERS 

PRESIDENT:

  • Shall preside over all the meetings of the Society;
  • Take all disciplinary actions, such as removal, dismissal etc. in connection with the Members of the Governing Body.
  • Lead and nominate the leaders in all Deputations, Delegations or Representations.

VICE- PRESIDENT: 

Shall assist the President in all affairs of the society and in absence of the President, the Vice President shall have the power and perform the duties of the President.

SECRETARY:

  • Shall convene all meetings of the Society;
  • Maintain minutes book of all meetings;
  • Issue general circulars and Notices;
  • Receive all applications for membership, which shall be placed before the Governing body;
  • Body at the earliest opportunity.
  • Sign all receipts for all sum received on behalf of the Society;
  • Sign and give pay order on all bills of payment;
  • Transact all other business subject to the direction of the Governing Body.
  • Collect and receive all sorts of receipts including subscription and deposit of money and grant for money thereof;
  • Maintain and keep cash book and such other accounts as are necessary.
  • Carry on with usual office Expenses, Establishments, Postages, Stationery and other Recurring Expenses, except in case of urgency can spend up to Rs. 20000.00 only;

ASSISTANT SECRETARY: 

Shall assist the secretary and in absence of the Secretary he/she shall have the power and perform the duties of the Society. 

TREASURER: 

The Treasurer shall be the custodian of Cash, Cheque Books, Financial Documents, like Fixed Deposit Receipts, Govt. papers and such other documents as the Governing Body may decide from time to time; 

The Treasurer shall receive all sums of money on behalf of the Society and shall deposit the said amount to the Bank at the earlier opportunity. The Treasurer may keep with him a maximum sum of Rs. 50000.00 /- (Rupees Fifty Thousands only) excluding the collection of the day in operation to defray petty expenses and all sums; exceeding the said limit shall be deposited to the Bank Account of the Society on the following working day of the Bank. He shall maintain an up to date Cash Book of the Society.

  1. Bank Operation: The Bank Account of the Society shall be operated jointly by any two of the President, Vice-President, Treasurer and Secretary.
  1. Safe Custody of Fund: The Governing Body shall be responsible for the safe custody of the funds and assets of the Society. The funds of the Society shall be kept in banks/ post office and be invested in Primary and secondary market including Debentures / Bonds / Mutual Funds / Public Deposits / Postal Savings Certificate and/ or in Securities as specified u/s 20 of Indian Trust Act, 1882.
  1. Accounts: True accounts shall be kept of all sums of money received and expended by the Society and the matters in respect of which such receipt and expenditure take place, and of the property, credits and liabilities of the Society and subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed in accordance with the regulations of the Society for the time being in force, the accounts shall be open to the inspection of the committee members. 
  1. Auditor: At each Annual General Meeting an Auditor shall be appointed with honorium for next one financial year to audit the accounts of the Society and of all departments of the Society and of all funds connected with or controlled by the Society.
  1. Inspection & Audit of Bank Account: The Society shall maintain books of Accounts as byelaws. The books of accounts and other statutory books shall be in the custody of the Secretary and be kept at the Registered office of the Society and shall be kept open for the inspection of the Life Members of the Society during usual office hours and the same shall be kept open for inspection by the ordinary members of the Society at such time and place as the Governing Body directs on a written request made by any member. The society shall maintain accounts that will be audited annually by a qualified auditor or auditors appointed by the Society at their Annual General Meeting. 
  1. Accounting Year: The Accounting Year of the Society shall be from 1st April to 31st March of the following year.
  1. Annual Report: The Member Secretary shall prepare an annual report of the proceeding of the Governing Body and all work undertaken during the year. This report and the duly Audited Annual Accounts of the Society shall be placed for approval before the General Body. 

The Annual Report and annual Accounts as approved by the Governing Body shall be placed before the annual General Body meeting of the General Body before the 31st July of the year.  A copy of the annual Report and Annual Accounts as approved by the General Body may be forwarded to the Government within 15 days and shall be filed with the Registrar of Societies, along with

  • A list of names, address and occupation of the office bearers of the Society, certified by the Project Director; and
  • A copy of the balance sheet and the auditor’s report certified by the auditor.
  1. Arbitration: In the event of any disputes between members/ non-members, the Governing Body/ Committee may refer the said matter for arbitration to the Board of arbitrators to be formed by the Governing Body of the society. 
  1. Legal Proceedings: The suits and legal proceedings by or against the Society shall be in the name of the President and/or the Secretary. The Governing Body may nominate any such person in their absence to do the said and same legal proceedings. 
  1. Alteration of Memorandum & Regulations: The Governing Body shall have powers to make such byelaws as may be considered necessary in the interest of the Society. 3/4th Majority of the members of the Society at Extra Ordinary General Meeting shall have the power to alter the Memorandum and Rules and Regulations of the Society. 
  1. Dissolution: Subject to the provisions of the Societies Registration Act 1860 or any statutory modifications thereof, the Society may be dissolved by a resolution passed by the 3/4th of the total members of the Society 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 as per provisions of the Act. 
  1. Property of Society: All the properties belonging to the society shall be purchased in the name of the society and shall vest in the founder member of the society.
  1. Elections: The elections of the Governing Body shall be held after every 5 years at the Annual General Body Meeting of the Society where 7 Members shall be elected by simple majority of show of hands and if demanded by the secret ballot, Members who have not paid up to date membership fee before the election shall not be eligible either to vote or shall qualify to be elected to the Governing Body of the society. The outgoing members shall be eligible to be elected to the Governing Body of the Society. The Secretary will give 15 day notice for the AGM to be held every year. In case of election meeting one month notice will be given.
  1. Seal of Society: The Governing Body shall provide a common seal which will be kept in safe custody. The seal shall be used only with the authority of Governing Body which shall be affixed to such deeds, contracts, agreements, documents, statements, etc.
  1. Application of the Act: All the provisions under all the section of Societies Registration Act, 1860 as applicable to the NCT of Delhi, shall be applicable to this Society.
  1. Essential Certificate: Certified that this is correct copy of the Rules &Regulations of the Society.