By Laws

GANDHI SAMAJ OF SOUTH GUJARAT

  (A Non-Profit Organization)

 CONSTITUTION

CHARTER & BY-LAWS

I.  GENERAL

 NAME:

The name of the organization shall be called “Gandhi Samaj of South Gujarat” or “Modh Gandhi Samaj of South Gujarat” here in after will referred as the “Association” or “Samaj”.

REGISTERED OFFICE:

The Registered Office of the Association shall remain in the State of New Jersey, USA.

OBJECTIVES:

The objectives of the Association are:

  1. To promote and maintain the ethnic Indian cultural, educational, religious, social activities, community services and human values in children, the youth and adults of the association.
  2. To provide common platform to develop leadership qualities, talent and skills to its members.
  3. To promote harmony and understanding amongst different cultures and races.

II. MEMBERSHIP

Any person interested in the objectives of the Association described above is eligible to become the member.

The membership of the Association shall be on a calendar year basis.  A person wishing to become a member shall do so by completing the membership form and donating the membership dues.

Membership is available to individual and families.  In case of family membership, rights and privileges other than the right to vote shall be extended to all family members residing in the same household.

Each individual shall have one vote where votes of general body are taken.  In order to be eligible to vote, a member must be 18 years old and whose dues have been received for the membership year.

MEMBERSHIP FEE DONATIONS:

The annual membership fee donations shall be an amount decided by the executive committee and shall be the same for an individual or per family.  For the purpose of membership, the year shall run from January 1 to December 31 of the same year.

A married couple shall be deemed as a separate family and will pay the full membership fee.  There will be no membership fees for senior citizens and full time students.

The Lifetime membership fee shall be an amount decided by the executive committee for an individual or per family.

The President with the approval of the Executive Committee shall have the authority to change the amount of membership fee.

 III EXECUTIVE COMMITTEE AND OFFICE BEARERS

EXECUTIVE COMMITTEE:

One (1)         –        President

One (1)         –        Vice President

One (1)         –        Treasurer

One (1)         –        General Secretary

One (1)         –        Address Database Administrator

One (1)         –        Cultural Program Coordinator

One (1)         –        Youth Secretary

Six  (6)         –        Minimum 6 Committee Members

Two (2)         –        Ex-Officio Members  (One immediate Past President).

The spouses may automatically become committee members.

To be eligible for the Executive Committee membership an individual is required to be a member of the association for at least one year.

DUTIES OF OFFICE-BEARERS:

 

  • The President shall preside over the meetings of the Executive Committee and of the General Body.  The President will function as the chief executive of the Samaj. He/she will provide general directions to the functioning and activities of the Samaj. In his/her capacity as the President, the Executive Committee will assist him.  He/she will act as one of the custodians of funds available for the operations of the Samaj.
  • The Vice President shall preside over the meetings and discharge the duties of the President in his/her absence.  The Vice President will also advise the President, upon request, in the matter of conducting important business of the Samaj.
  • The Treasurer shall prepare the budget of the Association as required, maintain the accounts and present to the Executive Committee for approval.  The Treasurer will provide all the required financial statements to be audited by a certified CPA every year.  The Treasurer will ensure that all the Federal and State tax returns have been filed each year as and when required.
  • The General Secretary shall write the minutes of the meetings, co-ordinate the activities of the Association, and conduct correspondence of the Association.
  • The Address Database Coordinator shall maintain the Address database on a regular basis and print the directory when required.
  • The Cultural Program Coordinators shall promote cultural activities and coordinate the cultural programs approved by the Executive Committee.
  • The Youth Secretary shall be in-charge of all the youth activities.
  • The Committee Members shall assist all the Executive Committee Officials.

In addition to the above-mentioned duties, every member of the Executive Committee shall perform other duties assigned to her/him by the President.

A group of Executive Committee members selected by the President shall lead the fund raising activities in conjunction with other selected members.

A member of the Executive Committee is expected to attend a substantial number of meetings and functions of the Association each year.

Any Executive Committee Member who fails to attend five (5) consecutive meetings with no valid explanation may be replaced at the discretion of the President with the approval of the Executive Committee.

The spouse of every Executive Committee member is allowed to attend and participate in all the official meetings.

ELECTION/SELECTION:

The President of Gandhi Samaj shall be elected or selected as required. The President will in turn select his Committee. The Executive Committee shall serve a term of minimum two years. The President and the Executive Committee can continue for as many terms as required unless the President or the majority of the Executive Committee or the majority of the voting members have requested an election or selection. The President in consultation with the Executive Committee can change the Committee Members after two years.

If there are two or more candidates for the position of the President, then the election process shall be chosen. The election shall be conducted at a General Body meeting. The candidate with most number of votes shall become the President.

VACANCY:

The President shall have the authority to fill up any vacancy or vacancies with the approval of the Executive Committee.

VOTING:

Each legal age member of the families whose dues are current and who are duly registered with the Samaj shall be entitled to one vote for any business of the Samaj. For purpose of electing a President, each voter, has to be present at the General Body meeting to vote. There will be no proxy system. The President will designate a member in good standing of the Samaj as a Chair Person to oversee the presidential voting at the General Body meeting. Alternatively, the President may

designate him/herself as a Chair Person.  In case of a tie, the Chair Person of the meeting will have a casting vote.

IV.  GENERAL BODY MEETING


GENERAL BODY OR AUDIO/VIDEO TELE-CONFRENCE MEETING:

At least 10 days notice shall be given for a General Body or Audio/Video Tele-Conference meeting unless the members of the Executive Committee agree unanimously for a shorter notice.  The General Body or Audio/Video Tele-Conference meeting shall consider the agenda of the meeting first as per the said notice and only thereafter any relevant issue may be discussed.  In case of the limited time, the new issues shall be given full consideration in the next General Body or Audio/Video Tele-Conference meetings.

QUORUM:

For Executive Committee meetings, minimum five members shall constitute the quorum.

For General Body or Audio/Video Tele-Conference meetings, at least 10% of the registered members as of the date of notice of the General Body meeting should be present.  If the said percentage of the members is not present, the General Body shall be adjourned.  There will be no limit of quorum in the following meeting, which will not take place within one week of the adjourned meeting.

V.  AMENDMENTS AND DIRECTIVES

AMMENDMENT TO THE CONSTITUTION AND BY-LAWS:

 Any member desiring to propose an amendment to the constitution should send his proposal in writing to the President or the General Secretary who in turn shall pass it on to the Executive Committee for consideration.  The member will be notified in writing about the outcome of the said consideration.  All amendments to the constitution and by-laws shall be voted upon by the membership (by mail or otherwise) and a simple majority shall decide.

DIRECTIVES:

  •  The purpose for which the Association is organized are exclusively cultural, religious, charitable, educational, value orientated and within the scope of the IRC 501(c) (3) or the corresponding provision of any future United States Internal Revenue Laws.
  •  The Association shall not be conducted or operated for profit, and no part of the net income, gains, profits, earnings, funds or property of the association shall inure to the benefit of any private person or individual or any member or any official of the Executive Committee, but the same shall be devoted solely to the purposes for which Association is formed as the same are herein above declared and set forth.
  • The Association is not to have any authority to issue capital stock.
  • The Association shall not carry out or promote any propaganda by any of its activities or attempt to influence the legislation, nor shall the Association participate in or intervene in by publishing or distributing of statements or otherwise any political campaign of any candidate for public office.
  • Not withstanding any other provisions of these articles, this Association shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal income tax under IRC 501 (c) (3) or the corresponding provision of any future United States Internal revenue Law.In the event of liquidation, dissolution, termination, or winding up, the Association (whether voluntary, involuntary or by the operation of law), and after satisfying all the liabilities the balance of the proceeds shall be donated to other non-profit organization(s) and in compliance of any prevailing State and Federal Laws.