|
GOVINDA
SANSKAR CENTER
CONSTITUTION
ARTICLE - I
NAME
AND LOCATION
SECTION 1:
The name of the organization shall be GOVINDA
SANSAKAR CENTER (Here in after called the
Center)
SECTION 2:
The principal office of the Center shall be
located at 783 Newark Avenue, Jersey City NJ
07306.
ARTICLE - II
OBJECTIVES
SECTION 1:
The objectives of the Center shall be as follow-
1. To
promote the common interest of Hindus and the
Hindu community.
2.
To provide education in, Indian
Languages, Hindu heritage and culture among the
generations to come.
3.
To undertake the activities to propagate
and promote Hinduism, Hindu culture, social and
religious practices.
4. To
assist members with taking up matters of common
interest of the Hindu society, so members and
other communities have better understanding of
the Hindu culture, traditions and way of life.
5. To
assist, support other non profit cultural and
educational organizations among the community
who actively involve in promotion of Hinduism.
6.
To support humanitarian causes, as the
Officers of the center choose to support.
SECTION 2:
The Center shall be strictly non-profit,
religious and social in character. Shall not
declare any dividend.
SECTION 3:
The Center may own assets and may raise funds
from membership due, voluntary donations,
grants, and borrowing in order to implement the
stated objectives of this article.
SECTION 4:
The duration of the Center shall be perpetual.
ARTICLE - III
MEMBERSHIP
SECTION 1:
The
Individual
Membership shall be divided in three Categories.
1. Worshiper: Any individual who is by
birth or by belief is Hindu can be Worshiper
Member. Shall worship at the Center. He/she can,
after giving membership donation, become Life
Member
or Organizational Member of the Center.
2.
Organizational Member: Any worshiper who
pays a
Bi-Annual
membership donations to the Center of US
$101.00.
The Executive Committee shall fix the quantum of
the Bi-Annual donation amount. A prescribe
Application form shall be filled out by the
Worshiper in good standing and shall be approved
by the Executive committee. Shall have the right
to vote in elections of the Executive
Committee.
May
convert to life membership by paying additional
donation of US $400.00 before the expiration of
organizational membership.
3.
Life Member: Any worshiper can become
Life Member of the Center after giving one time
donation to the Center of
US
$501.00.
The
Executive Committee of the Center will fix the
quantum of the donations.
Shall have right to vote in the elections of the
Executive Committee. Only Life Members may a
contest in the elections to become member of the
Executive Committee. All prospective Life
Members have to be introduced to the Executive
Committee by a Life Member in good standing.
All new Life Members have to be approved by the
Majority of the Executive Committee.
4.
Membership Donation Quantum: The Executive
Committee, with 2/3rd – i.e. 7 of the
11 trustees consent, may increase the donation
quantum. Membership donation quantum may remain
same or can be increased but can never be
decreased from the above stated quantum.
SECTION 2:
Members’ Code of Conduct
1.
No member shall directly come in conflict
with the employee/s, other member/s, guests
and/or any other volunteer/s of the Center. The
peace and tranquility shall be maintained all
the time. No member shall attempt to or ever
profit from, transfer ownership of,
misappropriate or cause damage to/loss of
Center’s Assets, Property or Donations.
Executive Committee members, individually and
collectively, must fulfill their fiduciary,
directorship and managerial responsibilities
during their tenure/term as the trustee of the
Center.
2.
The
qualified Priest appointed by the Executive
Committee shall guide and manage all religious
activities of the Center under the guidance of
the President of the Executive Committee. All
employees of the Center shall work under the
direct management of the Managing Committee
only.
3.
Any
communication/notice/request/complaint to the
Executive Committee from a member shall be
considered received when either hand delivered
to the President or Secretary or sent USPS
certified mail to the center’s registered
address.
SECTION 3:
Disqualification or Loss of Membership
A:
Any Member, acting against the objectives of the
Center,
determined to be in violation of code of
conduct, and/or who has failed in his/her
fiduciary responsibility as a Trustee
shall be deemed disqualified as a Member by any
definition in Section 1 of this article.
Aberrations and/or
complaints, against/about any member are to be
reported, directed and filed with the President
in writing with all the available back-ups,
evidences and list of witnesses. The President
must call the Executive Committee meeting to
analyze and deliberate the complaint. The
Executive Committee must call the member for
further inquiry. The member shall be given full
opportunity to explain his/her position in
writing as well as in person.
Step 1 - the
Executive Committee shall decide by the 2/3rd
or the minimum of 7 votes for the validity of
the complaint and for the violation of the
members’ code of conduct, and then in Step 2 –
by the 2/3rd or the minimum of 7
votes for disqualification/revocation of the
member’s membership. Such disqualified member
will not be refunded any part of his/her
membership donation.
In Step 2, the
Executive Committee may also decide, by 2/3rd
or minimum of 7 votes, not to revoke or
disqualify the membership of the erring member.
However, in such case, the erring member will
remain disqualified to become or continue as a
Trustee and Member of the Executive Committee
for 10 years from the date of determination.
During these 10 years, such member cannot seek
nomination to or be a candidate in the election
for the Trustee or the Executive Committee
member of the Center.
All the details of
Executive Committee’s such investigation,
decision making and the member’s explanations
shall be duly recorded and maintained, for 10
years, by the Executive Committee and also made
available to any member upon written request,
with in 15 days from receiving such request.
B:
Any Member found guilty of fraud or violent
crimes by any court, may become a member of the
Center, but will remain disqualified to become
or continue as a Trustee and Member of the
Executive Committee forever. Such member cannot
seek nomination to or be a candidate in the
election for the Trustee or the Executive
Committee member of the Center.
ARTICLE - IV
THE
GENERAL BODY
SECTION 1:
The General Body of the Center shall consist of
the Organizational Members and Life Members in
good standing.
A.
34% of
eligible members shall consist as a quorum for
General Body meeting.
If quorum is not achieved General Body meeting
shall postpone for 7days. If the quorum could
not be achieved in subsequent meet, the waiting
for ½ hour and then meeting shall be called in
order to conduct the business.
B.
Any
amendment/s, individually or cumulatively, in
the Articles of the Constitution or to the
By-Laws
shall be made with 2/3rd majority
votes for the amendment/s at the regularly
scheduled or extra-ordinarily called General
Body meeting only.
SECTION 2:
The General Body of the Center shall meet each
year, in the month of June or July, for the
adoption of the report from the Executive
Committee; and also meet to elect the Executive
Committee of the Center as and when due. The
President of the Center or Member designated
shall preside over the General Body meeting.
Any
member raised proposal and/or issue shall also
be discussed, voted upon as well as adopted, in
accordance with the centers Constitution and
By-laws, at any general body meeting.
SECTION 3:
The Executive Committee can convene an emergency
meeting of the General Body. In all cases the
notice serve in 15 days by the Executive
Committee shall be suffice. The Notice of the
General Body meet must be placed in writing on
the Center’s notice board.
SECTION 4:
A
special General Body meeting can be called in
with the petition signed by the 34% of the Life
Members (with active membership of at least six
months) and submitted to the Secretary,
Executive Committee. The Executive Committee
shall notify the General Body Meeting within 15
days from the receipt of the petition. Such
General Body Meeting shall be held with in 30
days from the date of notification. The quorum
must be achieved at the meeting time. The
meeting shall be deemed as cancelled in case of
lake of quorum and there shall not be special
General Body meeting for the same cause for next
4 months.
ARTICLE -
V
ELECTIONS OF
EXECUTIVE COMMITTEE
SECTION 1:
A.
The Electoral College consists of the
Life Members
and
Organizational Member
(whose prescribed donations and membership
applications were received and approved by the
April 30th of the election year) of
the Center.
Such
applications must be validated by date and clear
and ascertainable evidence of donation payment
and relevant bank deposits.
B.
Only Life Members in good standing,
with
at least college degree or past experience in
administration of not-for-profit organizations,
can contest for the membership in Executive
Committee.
C.
A prescribed nomination form should be
submitted to Election Committee with the
signatures of first and second member proponents
and the candidate.
The
Election Committee is made up of 3 to 5 life
members in good standing and is appointed by the
Executive Committee.
D.
All candidates to the election shall be
approved unanimously by the Election Committee
of the Center from the list of all nominated
members.
The
appointed Election Committee shall continue for
3 elections of the Center, and in the case of
resignation or termination of any election
committee member the remaining committee will
stay in take and will carry its duty of
conducting elections as and when due.
E.
The elections of the Executive Committee
shall held not later than
November 30th
of
the election year and the elected members shall
take over from 1st day of the
following year.
F.
11 Trustees are to be elected to the
Executive Committee of the Center for the fixed
term of 2 years. All the contesting candidates’
will be ranked based upon the individual votes
each candidate receives in the election. The
top 11 candidates getting the most votes will be
elected Trustees of the Center.
G.
In the case of death, disability,
migration, resignation, termination or
disqualification of any sitting Trustee, i.e. a
Member of the Executive Committee, of the
Center, the vacancy shall be filled by the next,
i.e. the 12th and so on, candidate
who had received the most votes in the election.
If no such
ranking-on-the-list candidate is available, the
President, with the majority vote of the
continuing Executive Committee members, should
then appoint any willing life member, in good
standing, as a Trustee to fill the vacancy. The
term of such inducted Trustee shall be the
remainder of the term and shall expire with the
originally elected Trustees of the Center.
ARTICLE -
VI
EXECUTIVE COMMITTEE
SECTION 1:
A.
The Executive Committee consisting of
Eleven elected members in good standing shall
guide the Center.
B.
The term of the Executive Committee shall
be of two full calendar years.
C.
The Executive Committee shall look after
the day to day operation of the Center and shall
be responsible for the books of accounts and
assets of the Center.
D.
The executive Committee shall elect a
Managing Committee as defined in article VIII,
consisting of a President, Vice President,
Secretary and Treasurer. All these positions
shall be honorary.
E.
The Executive Committee shall meet at
least once every month. A proper Agenda shall be
drawn for each meeting and the deliberations
shall be recorded in the minute book for
approval of the committee in the subsequent next
meeting.
F.
Managing Committee shall draw the Agenda
of the meeting, but Executive Committee can take
any matter important to the interest of the
Center by proposition by one member and seconded
by any other member.
G.
The Executive Committee shall appoint or
terminate the services of appointed officers for
the Center as need may arise, either honorary or
on pay roll. Executive Committee shall allocate
duties and responsibility among such appointees
who are supervised and accountable to Managing
Committee and shall provide reports on demand
from the members of the Managing Committee.
H.
The Managing Committee shall be the
disciplining authority for all employees or
appointee of the Center. Any appointee shall
report only to the Managing Committee of the
Center and no other member shall interfere in
their functioning.
I.
Family members and/or friends of any
Trustee, the Executive Committee member and/or
any members are not to interfere with, act as a
proxy, or instruct or manage the affairs and/or
employees of the Center. It is the
responsibility of the individual trustee to
manage his/her family and friends. The Trustee
will be responsible for his/her family and
friends actions affecting The Center.
SECTION 2:
A.
The Executive Committee is the solely
responsible for the assets of the Center, no one
from the membership or employee of the Center
can make any changes on his own without the
prior written permission of the Executive
Committee.
B.
All records and possessions of the Center
shall be kept on the premises of The Center.
C.
The Executive Committee shall hear any
petition from the member or worshiper. The
petitioner should put his views in writing and
forward it Executive Committee at least 7 days
in advance and may address the Executive
Committee with permission from the Chair.
The
Executive Committee must investigate, analyze,
and properly address any and all issues
petitioned; and must response to the petitioner,
in writing, with 30 Days of the petition date.
D.
All Executive Committee shall be either
chaired by President or Vice President and in
there absent any member of the Executive
Committee shall chair with unanimity of the
Members present.
E.
Meeting shall be called in order only if
6 members of the Executive Committee are present
at a time. In case of failure to achieve the
required numbers within 1/2hour, the present
members shall conduct the business and make a
decisions on such matters declared in agenda
with at least presence of 2 members of Managing
Committee and total presence of 4 Executive
Committee members.
F.
It is mandatory for All Members of
Executive Committee to attend the meetings.
Without prior excuse, Executive member shall be
considered absent from such meeting. An absence
in consecutive three meeting will be considered
as Members inability to attend and continue
his/her services in the functions of the
Executive Committee.
1.
The responsible officer of the Managing
Committee of the Center shall write a letter
demanding an explanation. No response or failure
to provide such explanation within given time
limit, shall be a cause for the termination of
such member from the Executive Committee.
2.
A resolution shall be adopted by the
Executive Committee of such actions and the
member should be notify of his/her termination
from the Executive Committee at last recorded
address record by competent officer of Managing
Committee.
G.
The
Executive committee shall file all required Tax
returns to Federal and State government in time,
and proper accounting of the Center’s finances
shall be completed and presented to the members
at the General Body meeting. No lapse shall be
permitted and due report shall given in AGM.
Trustees shall remain responsible and
accountable for their actions during their
trusteeship.
H. Noncompliance with the Centers Constitution
and By-Laws by any Trustee/Member of the
Executive Committee of the Center will be a
clear violation of the Members’ Code of Conduct
and will require disciplinary action by the
Executive Committee.
ARTICLE - VII
MANAGING COMMITTEE OF THE CENTER
SECTION 1:
The daily management of the Center shall be
vested in the Officers of the Center, which will
consist of the President, Vice-President,
Treasurer, and Secretary of the Executive
Committee.
SECTION 2:
The Term of the Officers shall be two years and
shall be elected from the members of the
Executive Committee by the simple majority of
the Executive Committee members. No Executive
Committee member can hold same position for more
then two consecutive terms.
SECTION 3:
A.
All officers shall perform their duties
by putting reasonable and customary efforts as
per their designation.
B.
The Center shall open and operate bank
account titled as “Govinda Sanskar Center”. The
treasurer shall operate the bank account jointly
with the President or Secretary. The signature
of the Treasurer is mandatory on any
disbursement on behalf of the Center. All cash
and or receipt shall be deposited in designated
account and all payments of the Center shall be
by checks drawn on this account.
C.
The Executive Committee shall approve any
transfer of the funds to other accounts of the
Center.
D.
Any emergency measure is adopted due to
lack of time shall be unanimous decision of the
Managing Committee, subject to approval by the
next Executive Committee meeting.
SECTION 4:
A.
No members shall solicit any funds
without explicit written permission of the
President, all funds shall be deposited first in
the Center’s account and disbursed from there
after proper resolution adopted by the Executive
Committee.
B.
Any
private solicitation on the Center’s premises in
any shape and form, material, money or private
business for profit, is forbidden and violators
shall be tried to the fullest extent of law. It
is the duty of the Managing Committee to pursue
against such people.
ARTICLE - VIII
SPECIAL COMMITTEES
AND OFFICERS
SECTION 1:
The President shall appoint, subject to the
approval of the Executive Committee any special
committee and/or special officers deemed
necessary for the successful operation of the
Center and for liaison with any other
organization. All such committees and officers
will be effective until dismissed by the
President
or
with the expiration of the term
of the Executive Committee. Such appointment
shall be approved in the Executive Committee.
Such appointment may carry financial obligation
on the Center, which may be token payment or on
regular payroll of the Center deem fit by the
Executive Committee. All appointed people are
responsible to the officers of the Center, shall
discharge their duties without interference from
the Organization’s
Membership.
SECTION 2:
All Special Committee persons and/or Officers,
when requested by the Officers of the Center, at
the time of the meeting, may present a report of
the progress.
SECTION 3:
All appointments on pay roll shall be considered
only, by the interview board and due process.
The interview board shall consist of all the
Managing Committee members and at least one out
side expert on the subject under consideration
should be invited to seat on the interview
board. Any Member of Managing committee shall
relieve him/her if the prospective candidate for
the job is socially related at time of
interviews. Any finding of relations later shall
deem the process null and void.
ARTICLE - IX
INTERPRETATION
SECTION 1:
The Executive Committee of the Center shall be
final authority in the interpretation of the
By-laws and the constitution of the Center.
When there is conflict, the decisions
unanimously arrived by the Managing Committee
shall prevail.
ARTICLE - X
AMENDMENTS
SECTION 1:
A.
Any Life member may propose an amendment
to the constitution by submitting the proposed
amendment in writing to the Managing Committee
of the Center. The proposal should carry a full
details and justifications for such amendment.
The Managing Committee shall deliberate on the
proposed amendment and place the same before
full Executive Committee. If approved by the
Executive Committee, the proposed amendment
shall be considered for adoption at the next
General Body meeting of the Center. A Two-third
(2/3) majority of the vote of the General Body
present at such meeting shall be required for
the adoption of the proposed amendment.
However, 34% of Life Members can petition
for a General Body meeting and can resent the
proposed amendments on the floor for acceptance
or rejection of the proposed amendment/s by the
General Body in conformance with the Center’s
Constitution and By-Laws.
B.
All the members of the General Body shall
be informed in writing of the full detail of the
proposed amendment 10 days before the meeting of
the General Body by placing the same on the
notice board of the Center.
C.
The Constitution shall not be amended
except as set forth in A and B of the section.
ARTICLE - XI
LIABILITY
SECTION 1:
At no time, shall a member, of any status, bring
legal action against the Center or any of its
Offices for personal injury sustained by them or
for any personal property damage incurred by
them, while participating in, attending or
conducting any of the activities sponsored by
the Center, on grounds of ordinary negligence.
ARTICLE - XII
DISSOLUTION
SECTION 1:
In the event that the Center has to be
dissolved, the procedure of the dissolution
shall be as follows:
A.
A
meeting of the Executive Committee of the Center
shall be called presided by the President or any
Officer unanimously designated to preside, at
the principal office of the Center. The Purpose
of such meeting to consider the dissolution of
the Center. A RESOLUTION to dissolve the Center
shall be passed by at least three-fourth
(3/4)-majority vote of the Executive Committee
members present at this meeting.
B.
The
resolution to dissolve the Center, as passed by
the Executive Committee of the Center and shall
be presented at Special Joint meeting of the
Life Members and Organization Members meeting.
The resolution shall be adopted by three-fourth
(3/4)-majority vote of the Members present at
this meeting.
C.
After the resolution to dissolve the Center has
been adopted, all bank accounts shall be
terminated and all tangible and non-tangible
shall also be liquidated. All funds thus
available, after payment of expenses of the
dissolution and unpaid bills, shall be donated
to Hindu religious organization and located
within the State Of New Jersey. The specific
condition shall be set forth to use the funds
for advancement of the cause of Hindus in the
U.S.A. or for achieving the objectives set forth
in ARTICLE II of the CONSTITUTION.
This
article of the Constitution adopted on this 4th
day of December, 99.
This Article of the Constitution of the Govinda
Sanskar Center was further amended, approved and
adopted by the General Body on December 15th,
2002 to be effective from January 1st,
2003. |