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RULES AND
REGULATIONS OF ENGINEERS WITHOUT BORDERS
1.
DEFINITIONS: In these Rules and Regulations and the
by-laws that may be made under these rules and
regulations, unless there be anything repugnant in the
subject or context.
a)
BYE-LAWS shall
mean bye-laws that may be in force from time to time
under the Rules and Regulations of the society.
b)
SOCIETY shall
mean ENGINEERS
WITHOUT BORDERS (EWB)
c)
The Registered Office of the Society shall be:
c/o Dr. Aliuddin Ansari, 8-2-332/7, Road No.3, Banjara
Hills, Hyderabad 500034, Andhra Pradesh, India.
d)
BOARD shall mean the Board of Management as
constituted from time to time according to the Rules and
Regulations.
e)
MEMORANDUM shall mean the Memorandum of
Association of the Society.
f)
YEAR means a year commencing on the first day of
April and ending on the thirty first day of March.
g)
CHAPTER shall mean a Student or Professional
chapter of ENGINEERS WITHOUT BORDERS that has been
approved and authorised by the Board of Management to
operate as an affiliated chapter of EWB-India.
h)
CORPORATE MEMBER shall mean any body Corporate
incorporated under the law in India or the Country in
which it is situate or even society of persons well
recognized and as decided by the Board of Directors.
2.0
MEMBERSHIP:
A. CRITERIA AND CLASSES OF
MEMBERS
2.1.
The Board will frame the criteria of membership of the
Society from time to time. Any individual of good
standing shall be eligible to become a Member of the
Society.
2.2
The classes of Membership shall be as follows:
1. Student Member
2.
Professional Member
3.
Member- Student Resident outside India
4.
Member- Professional Resident outside India
5.
Corporate Member
B. MEMBERSHIP FEES:
2.3.
A Member joining the Society shall pay a Non –
refundable Entry Fee to the Society which shall be
credited to the Corpus Fund of the Society.
2.4
An Annual Membership fee as decided by the Board, from
time to time, shall be payable to the Society/Chapter as
the case may be. The amount/percentage of the Annual
Membership Fee paid to the Chapter to be remitted to the
Society towards expenses of the Head Office will be
decided by the Board from time to time.
C. APPROVAL OF
MEMBERSHIP APPLICATION:
The Board of Management, or a Committee or body
appointed by the Board, shall reserve the right to
review applications for membership and approve or reject
the application as per norms decided by the Society.
D. VOTING RIGHTS: Every member of the Society shall have one vote in the
General Body meetings of the Society.
All decisions in any meeting of the General Body
shall be by a simple majority of votes by the members
present and voting unless and otherwise provided for in
these rules and regulations.
E. TERMINATION OF
MEMBERSHIP:
(i)
The membership of a member of the Society shall
automatically terminate on such member ceasing to be
subscribing member of any Chapter.
(ii)
The Board may, by a resolution of two thirds of its
members present and voting at a meeting, after due
investigation, suspend for any period any member from
the membership of the Society for any act of omission
and commission which is in violation of the Memorandum
of Association and the Rules and Regulations of the
Society or is against the interests of the Society, or
constitutes neglect or refusal to abide by any
regulation and by-law of the Society, or is likely to
bring discredit to the Society; provided, however, that
on such resolution to suspend a member shall be passed
unless the member concerned has been given an
opportunity to explain his conduct. Any member suspended
by the board shall cease forthwith to be entitled to the
benefits and rights of membership. The decision so taken
by the Board shall be ratified by a simple majority of
votes of the members present and voting at a general
body meeting held after such suspension.
(iii) Any member may resign at any time by filing a
written resignation with the Secretary of the Board.
Such resignation shall become effective as of the time
it is accepted by the Board.
F. PRIVILEGES OF MEMBERS:
(i)
All members shall have the privilege of the floor in the
discussions at any meeting of the General body, shall be
entitled to participate in any professional activity of
the society, to receive publications with or with out
charges as may be determined by the Board, to inspect
the minutes of the general body meetings and to receive
a copy of minutes if they are published and distributed.
They can inspect the Books and Registers of the Society
with prior notice.
(ii) Each member shall be entitled to vote at the meeting of
the General body and to stand as candidate for being
elected to any office or membership of the board.
3.0 BOARD OF MANAGEMENT AND
COMMITTEES.
A.
Board of Management and its Composition: The
conduct and management of the affairs of the society
shall vest in the Board of Management, which shall
consist of not less than 5 and not more than 13 members.
B.
The Board will elect from amongst themselves a
Chairman, Secretary and Treasurer.
C.
The first members of the Board shall be:
1.
Dr. Aliuddin Ansari, Chairman.
2.
Mr. Ramachar Srinivas, Secretary.
3.
Mr Viswanathan
Ganesan, Treasurer
4. Mr. Chandra
Mohan
5. Mr. V. C.
Vivekanandan
6. Mr.
Ashok Agarwal
7. Mr.
Asfaque Jafari
D.
In addition to the above seven , additional members may
be elected by the General Body at a meeting to be
convened within six
months from the date of formation of the Society.
3.1
The tenure of the first Board of Management shall be
three years in the first instance to ensure stability,
growth and development of the Society initially.
3.2
At the third annual General body meeting of the Society
and at every subsequent annual General body meeting
there after, one third of the above elected members
shall be liable to retire by rotation. The retiring
members of the Board shall be eligible for re-election.
3.3
Subject to the foregoing regulations, the members to
retire by rotation at every annual general body meeting
shall be those who have been longest in office since
their last appointment, but, as between persons who
became members of the Board on the same day, those who
are to retire shall be determined by drawing a lot.
3.4
CO-OPTION BY THE MEMBERS OF THE BOARD:
a.
In case of death or resignation of any member of
the board, the vacancy may be filled up by the Board by
the appointment of a fit and suitable person. Any person
so appointed shall hold office only upto the date upto
which the board member in whose place he is appointed
would have held office, if it had not been vacated as
aforesaid.
b.
No proceedings of the Board shall be rendered
invalid or ineffective in the event of such vacancies
remaining unfilled by co-option. No vacancy of the Board
and no irregularity in appointing any Board member shall
invalidate any act or decision of the Board.
3.5
QUORUM: the quorum for the meeting of the Board of
Management shall be five members present in person.
3.6
All decisions of the Board shall by a simple majority of
the members present, in the event of a tie; the Chairman
will have a casting vote.
4.0 POWERS,
FUNCTIONS AND DUTIES OF OFFICE BEARERS.
A. GENERAL:
(i) The Chairman,
Secretary, Treasurer and members of the Board shall
exercise all such powers and discharge all such
functions as are conferred upon them by these rules and
regulations and those that may from time to time be
conferred upon them by appropriate bodies or
authorities.
(ii) In the temporary
absence of any of these officers, or if any of them
resigns or is otherwise unable to function during his
term of office, the Board shall appoint another person
to be the acting officer in his place, and such officer
shall exercise all such powers and perform all such
functions as pertain to the office to which he is
appointed in an acting capacity.
B.
Chairman and Members: In addition to the powers,
functions and duties given elsewhere in these rules and
regulations, the Chairman and Members of the Board shall
jointly be responsible for the following:
(i) In consultation with the board and keeping in view the
perspectives of the Society to formulate policies and
programmes for carrying out the objectives of the
Society.
(ii) To formulate personal,
procurement, financial and general management and
policies and procedures.
(iii) To raise funds by any
means considered appropriate and within the rules and
regulations of the Society.
(iv) To maintain
professional contacts with appropriate authorities at
national, state and international levels as well as
institutions with in India and abroad for achievement of
the goals and objectives of the Society.
(v) To co-ordinate all activities of the Society with external
bodies as required.
(vi) To perform all related
functions for the development of the Society and
achievement of its goals and objectives.
(vii) To appoint sub-committee(s)
among themselves or other members of the Society for
carrying out any of the objects and to empower them as
they deem fit.
(viii) To acquire, purchase
in whatever manner possible for carrying on the aims and
object of the Society and for the said purpose to
receive gifts, endowments, grants, land leases from
other societies, the Government, individuals, public,
private or Government Companies, Partnerships and
trusts, charitable or otherwise or obtain the same by
purchase, lease, or by any other means permissible under
the law and to lease out or sell or otherwise transfer
any of its property to subserve the purposes of the
society.
(ix) To sell, improve,
manage, develop land, building or make alterations or
improvements, exchange, lease, mortgage, give or take
for free use, dispose off, turn to account or otherwise
deal with all or any part of the property and rights of
the society.
(x) To draw, make, accept,
discount, endorse, negotiate, buy, sell, execute and
issue bills of exchange and other Promissary Notes,
Cheques, Warrants, Debentures and other negotiable or
transferable instruments or Securities.
(xi) Do all acts, matters
and things as are incident or conducive to the
attainment of the above aims and objectives or any one
more of them.
C. TREASURER:
C.1
The treasurer shall be responsible for the safe custody
of all assets and monies received by and on be half of
the Society, for maintaining all necessary books of
accounts and related papers and for supervising all the
expenses of the Society. He shall:
(i)
receive all
monies on behalf of the Society and issue receipts,
(ii)
keep and spend imprest cash as sanctioned by the Board,
(iii)
pay all cost of management and working expenses and
other charges of the Society as duly sanctioned,
(iv)
deposit all monies and payments received or recovered on
behalf of the Society in such Bank or Banks as directed
by the Board or by the body authorized by it,
(v)
prepare and submit statement of account duly audited at
the annual general body meeting.
(vi)
submit an annual Budget to the Board for its approval,
(vii)
sign all cheques jointly with the
Secretary or the Chairman,
(viii)
discharge all other functions and duties as may be
assigned to him by the board.
D. SECRETARY:
D.1
The Secretary shall be responsible for the
administrative affairs of the Society. He shall:
(i)
file all such statutory returns and documents as may be
necessary for the function of the Society,
(ii)
on order of the Board or on requisition from requisite
members of the society issue notices for annual or extra
ordinary general body meetings of the Society,
(iii)
call for meetings of the Board,
(iv)
maintain and record minutes of the meetings and
attendance registers,
(v)
maintain register of all its members containing their
names in full, address and other particulars,
(vi)
maintain books of inventories of the assets, properties
owned by the Society and arrange for the safe custody
thereof,
(vii)
attend to routine administrative matters,
(viii)
to employ in consultations with Chairman employees or
servants, who shall be under his control and authority,
(ix)
discharge all other functions and duties as may be
assigned to him by the Board.
(x) Legal Proceedings: The
Secretary may sue or be sued on behalf of or against the
Society. All
applications may be made in the name of the Society
unless any other person has been nominated by the Board
for the purpose.
5.0.
MEETINGS :
(i)
An annual General Body meeting shall be held once year
on or before 30th June. The meetings shall be
held at such time and place as the Board may from time
to time determine. However, it shall be sufficient
compliance if the first annual General Body meeting is
held on or before 30th June 2006.
(ii)
Extraordinary General Body meetings may be convened by
the secretary on the order of the Board or on a
requisition made to that effect in writing by not less
than one-fifth of the total number of members with
voting rights.
(iii)
Fourteen clear days’ notice of meeting of the General
Body meeting shall be given to the members of the
Society, specifying the place, date, and the hour of the
meeting and in the case of extraordinary General Body
meeting the object of such meeting.
(iv)
A quorum at any General Body meeting shall be 20 or 20
percent of the total membership, whichever is lower. In
the absence of quorum, the meeting shall be adjourned to
the same day and time next week when the members present
and meeting shall constitute quorum for that meeting.
(v)
The Chairman of the Board shall be the Chairman at the
general body meetings. In his absence, any senior member
by virtue of his membership, preside as the Chairman of
the meeting.
(vi)
The ordinary business to be transacted in an annual
General Body meeting shall be the consideration of
Annual reports, Balance sheet, Audited Statement of
Accounts, appointment of Auditors and fixation of their
remuneration, election of members to the Board and any
other matter as determined by the Chairman.
(vii)
The Board of Management shall meet a minimum of once in
every quarter of the year.
6.0 FUNDS:
6.1 The Funds of the
Society shall consist of Corpus Fund and General Fund.
The Corpus Fund consists of Membership fees, donations,
compensation and funds raised by any means, the General
fund consists of Interest received on Corpus Fund, fixed
assets and rents. The corpus fund shall be spent only
for purchasing, building Centres and other immovable
assets. The General fund of the Society shall be spent
on the revenue expenses of the society.
The Funds shall be deposited in Public Sector
Bank or Banks as decided by the Board. The Corpus Funds
of the Society shall only be spent for acquisition of
capital assets in furtherance of the aims and objects of
the society.
7.0 ACCOUNTS
AND AUDIT :
7.1 The accounting year of
the society shall be from the first day of April to the
thirty first day of March each year. The accounts for
the first time shall be closed on the 31st day of March
2006.
7.2 The accounts of the
Society shall be audited as per requirements of the
Andhra Pradesh Societies Registration Act
2001 and/or by two members of the Society as
decided by the Board.
8.0 INCOME
AND PROPERTY:
A.
The
Society is formed not for pecuniary profit and no part
of the net earning of the Society shall be distributed
for the benefit of any private member, office bearer or
other individual. Accordingly, its net income, if any,
after meeting all expenses, and setting apart such funds
as may be determined by the Board at the end of each
year, shall be expended solely for the promotion of the
objects of the Society, provided, however that the
Society may reimburse
the expenses incurred. The Board shall take care
that its programmes are managed economically.
B.
The income and property of the Society howsoever
derived shall be applied solely toward the promotion of
the objects of the Society as set forth in the
Memorandum of the Society and no portion thereof shall
be dealt with or transferred directly or indirectly by
way of dividends, bonus or otherwise provided that
nothing herein contained shall prevent the payment of
remuneration, traveling and/or otherwise allowances to
any employee of the society, delegate or invitee or to
any member thereof or any other person in consideration
of services actually rendered to the society.
9.0.
AMENDMENTS:
The rules may be amended, altered, replaced, rescinded or
added at any time by 3/4th majority of the members
present at a general body meeting called for the purpose
and it should be confirmed by a second general body
meeting and also subject to the approval of the
commissioner of Income-tax.
10.0. INDEMNITY
No
Office Bearer of the Society shall be answerable for any
act done in good faith by him for the sake of conformity
only, for any monies of the Society other than such as
shall come into his hands or any collector or receiver
of monies appointed by the Board, for any misfortune,
loss or damage happening to the Society by reason of any
deed executed by him as an Office Bearer
or reason of any error in judgment or mere
indiscretion on his part in the performance of his
duties or otherwise on any account except for willful
negligence or fraud.
Every Office Bearer of the Society, his heirs,
executors, and administrators shall at all time be
indemnified out of the funds of the Society from and
against all costs, losses, damages and expenses
whatsoever, incurred or sustained by him in execution of
his powers and duties, and every Office Bearer, his
heirs, executors, and administrators shall be
indemnified and saved harmless out the funds of the
Society against all actions suits and demands whatsoever
brought or made against him or them severally or jointly
in respect of any engagement of Society save such as may
be incurred by his own personal willful neglect or
default.
DISSOLUTION:
The
Society shall not be dissolved except by a vote of
majority of 3/4th members present at a General Body
Meeting called for the purpose, provided the total
number of votes cast at such a meeting is not less than
two third of members then on the rolls of the Society.
Upon the dissolution of the Society as prescribed above
there shall remain, after the satisfaction of all its
debts and liabilities, any property or asset whatsoever,
the same shall be made over to some other Society having
similar aims and objects, recognized under section 12-A
and under section 80-G of the Income- Tax Act.
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