Irular NGO

IRULAR VARUNGALAM

Registered Office:

No.151, Muthu Irulandi Nagar, Chinna Kollamedu, Ammanambakkam Via, Chengalpattu Taluk, Kancheepuram District

MEMORANDUM OF ASSOCIATION & BYLAWS

IRULAR VARUNGALAM

Junge Ureinwohnerfrau (Irular Adivasi) auf der Suche nach Heilpflanzen

MEMORANDUM OF THE ASSOCIATION:

+ To engage and Involve Irular women in all the developmental activities.

+ To protect and promote the rich herbal knowledge of Irular community and to integrate it with scientific technologies available in Indian Systems of Medicines.

+ To support Irular children to get quality education and to come up in life to achieve socio economic development and self-reliance. To support Irular children to find a school appropriate to their personal development.

+ To guide and to extend support for school finishing children to find suitable higher education, vocational training, job etc.,

+ To develop psycho social skills for Irula children by running day care centers in the residential areas with good nutrition that would help them to enter into primary school with confidence.

+ To run educational guidance centres for Irula school children in the evening along with Nutritional support.

+ To coordinate the support services available for Irular children through volunteers from abroad and India for the benefit of Irular children

+ To promote entrepreneurial skills among Irulas and to promote employment opportunities among them.

+ To help the Irulas to avail all government welfare schemes, and to do advocacy with the government to implement welfare programs for the Irular community.

+ To support Irular Community to protect their traditional culture and religion;

+ To protect Irular from outside malevolent influence (missionary

actions, converting etc.)

+ To support the carrying out of typical Irular festivals to sustain and promote their cultural values and customs.

BYE-LAWS OF THE SOCIETY

1 Name of the Society: Irular Varungalam

2 Address: 151, Muthu Irulandi Nagar, Chinna Kollamedu,

Ammanambakkam Via, Chengalpattu Taluk, Kancheepuram District

3 Date of Starting: 19.06.2012

4 Actual date of Registration:

5 Area of Service of Society: Whole of Tamil Nadu

6 Working Hours: 9-00 AM to 5.00 PM on all State Government working days

1)Short Title: These rules may be called the Rules of Irular Varungalam

2) Definitions:

In these rules and memorandum of Association unless the subject or context require;

2.1 Act means “Societies Registration Act”

2.2 General Body means “the General Body of the Society”

2.3 Executive Committee means “the Executive Committee of the Society”

2.4 Government means “Government of Tamil Nadu”

2.5 Society means Irular Varungalam

3) Authorities of the Society:

The authorities of the Society shall be

a)The General Body

b)The Executive Committee

c)Such other authorities as may be constituted by the General Body.

4) Rights, Powers and Duties of General Body:

4.1 All property movable, immovable or of any kind shall vest in the General Body.

4.2 The business and affairs of the Society shall be carried on and managed by the Governing Body.

4.3 General Body shall have all such powers and shall perform all such functions as are necessary or proper for the achievement of and furtherance of the objectives of the Society.

4.4 Without prejudice to the generality of the foregoing provisions, General Body shall have following power and rights:

4.4.1 To prepare and execute detailed plans and proposals for

establishment and development of the Society and for carrying on its administration and management

4.4.2 To receive grants in aid, accept other grant of money, donations and

contributions in kind of cash, securities, negotiable instruments, other forms of assistance from Central and State Governments, National and International Agencies and other local bodies and enter into any

agreement or arrangements for receiving such assistance for purposes and objectives of the Society.

+ To raise funds as deemed fit and necessary for the purpose and objectives of the Society

+ To approve and adopt annual reports, financial statements of

accounts, financial estimates of the body, budget allotment and financial requirements of the society

4.4.5 To enter into agreement for and on behalf of the Society

4.4.6 To sue and be sued and defend all legal proceedings on behalf of the Society

4.4.7 To make, sign and execute all such documents and instruments as may be necessary for carrying on the management of the property or affairs of Society

4.4.8 To perform all such acts and do all such things as may be necessary

for the proper management of the properties and affairs of the Society.

4.4.9 To appoint auditors of the Society

4.4.10 To make regulations for the management of the affairs of the

Society when required.

4.4.11 General Body may delegate its specific rights, powers and duties and assign such functions and responsibilities as are considered necessary to the Executive Committee and or to Secretary of the Society

5) Meetings of General Body

Subject to the provisions of the Act, the General Body shall meet atleast once in a year

before every June.

6) Special Meetings:-

President of the Society may convene special meetings of General Body to consider any matter of special importance or urgency or on the written requisition of not less than six members of General Body specifying the purpose for which the meeting is proposed to be called.

7) Notice of Meetings:-

Every meeting of the General Body shall be convened by notice issued under the hand of Secretary or any other Officer of the Society so authorised in this behalf. Every notice

calling for the meeting of General Body shall be issued to every member not less than

twenty one days before the day fixed for the meeting except in the case of special

meetings where notice shall be issued 21 days before the day fixed for the meeting.

8) Quorum:-

Quorum of all meetings of General Body shall be not less than one third of total strength of members as per Section 7, for proceedings to be validly conducted. In case the quorum is not met and the meeting is adjourned, the Secretary must reconvene the adjourned meeting on the basis of same agenda.

9) Presiding Officer:-

President of the Society shall ordinarily preside over all meetings of General Body. In absence of President, Vice-President shall preside. In absence of both President and Vice President, members present shall choose one from amongst themselves to preside over the meeting.

10) Voting:-

In case of difference of opinion amongst members on any matter under discussion in a meeting, opinion of majority present shall prevail.

11) Powers, Rights and Duties of the Executive Committee:-

Subject to provisions of these rules and regulations, Executive committee shall have following powers and functions:

11.1 Executive Committee shall be responsible to General Body for efficient running of affairs of the Society.

11.2 To propose byelaws, including Special Resolutions, amendments to existing byelaws for consideration and adoption by General Body. For this purpose, quorum of Executive Committee shall be not less than one third of total strength of members of Executive Committee.

11.3 To approve Annual Reports prepared by Joint Secretary and place it before General Body for its adoption

12 Meeting of the Executive Committee:

Executive Committee shall ordinarily meet once in two months or more often if necessary. Five members of Executive Committee, including President, present shall constitute quorum of a meeting.

Approval of Executive Committee can be obtained by circulation of Proposals to its members.

13. Tenure of the Executive Committee:

Tenure of Executive Committee shall be for a period of 3 (Three) years.

14. Mode of Election:

The outgoing Executive Committee shall conduct the election for which a special meeting of General Body be convened after due notice of twenty-one days. In order to be eligible for election to Executive Committee as an Office bearer, a member will have to be formally proposed by one member and seconded by another member of the Society. Only those present at a specially convened General Body meeting shall exercise franchise. Official members of General Body that is serial number 1 to 13 shall be permanent members of the Executive Committee.

15. Resignation:

Resignation of a member from Executive Committee shall be tendered to the Society and shall not take effect until President of the General Body has accepted it on behalf of the Society.

16. Function of Officer bearers:-

Functions and the powers of the office bearers viz. President, Vice President, Secretary, treasurer and executive members shall be as follows:

16.1 President

16.1.1 He / She shall, whenever present, preside over the Executive Committee meetings and General Body meetings.

16.1.2 He / She shall co-ordinate effects of various executive members of development of the Society.

16.1.3 In case the votes for and against a particular issue are equal, the President shall exercise his / her casting vote.

16.1.4 President may direct Secretary to call a special meeting at a short notice in case of emergency.

16.1.5 President shall be the sole and absolute authority to judge validity of votes cast by members at all General Body meetings and Executive Committee meetings.

16.2 Vice President

16.2.1 Vice President shall automatically exercise all powers of President in absence of President.

16.3 Secretary

16.3.1 Secretary shall be responsible for day-to-day management of affairs of the Society subject to terms and conditions of Executive Committee. S/he shall be Chief Executive of the Society.

16.3.2 He / She shall be responsible for appointment and management of staff of the Society. S/He shall exercise control and discipline over employees of the Society (Both full time and part-time)

16.3.3 To purchase articles and materials, including Drugs and Equipments, needed for the Society and for carrying out the objectives of the Society subject to Budget Provision.

16.3.6 He / She shall arrange for the audit of the accounts of the Society by auditors appointed by General Body of the Society, who shall be Chief Internal Auditor of the Government of Tamil Nadu as per statute.

16.3.7 He / She shall convene meetings of General Body, Executive Committee, Annual General Body Meeting, Extra-ordinarily General Body Meeting, etc. He shall prepare Agenda for meetings for circulation to members. He shall circulateapproved minutes of meetings.

16.3.8 He / She shall sign all Deeds and Documents on behalf of the Society according to directions of General Body or Executive Committee.

16.3.9 He / She shall present report of Executive Committee and General Body meetings of the Society.

16.3.10 He / She shall sue or be sued and defend the Society in all legal proceedings.

16.3.11 Any document or proceedings requiring authentication by the Society shall be signed and sealed by Joint Secretary.

16.3.12 Joint Secretary shall be responsible for Execution of all polices adopted in different meetings.

16.3.13 Secretary can incur any extra-ordinary expenditure subject to the ratification of Executive Committee or General Body within 3 (Three) months of such expenditure.

16.3.14 To do all such other lawful acts as may be necessary and be executed for achievement of any or all objectives of the Society.

16.3.15 Joint Secretary can sub-delegate his functions with previous approval of Executive Committee to any Office bearer of the Society.

16.4 Treasurer : -

He / She shall maintain proper books and accounts for the funds received and expended by the Society.

16.5 Responsibilities of Treasurer:-

16.5.1 He / She shall keep overall control over funds of the Society and manage them properly within policies laid down by Executive Committee.

16.5.2 He / She shall prepare annual balance sheets and statement of accounts get

them audited and afterwards present them at General Body meeting for approval.

17. Funds of the Society:-

Financial year of the Society will be from first day of April to the 31st day of March of succeeding year.

17.1 The funds of the Society shall consists of the following:

a) Recurring and non-recurrent grants made by Government of Tamil Nadu and / or the Government of India for the furtherance of the objectives of the Society.

b) Income from investments.

c) Income from external funding agencies, other sources;

d) Grants, loans, donations or assistance of any kind from foreign Governments and other agencies with prior approval of the Central/State Government; and

e) Grants, Loans, donations or assistance of any kind from any Government agency or others in India

17.2 There shall also be a “Special fund”, which would consist of :

a) Such amounts as are received with a specific condition that income thereof long shall be used for the purpose of the Society (with Corpus being left intact);

b) Such other amounts as General Body may decide to divert from the regular fund to be used in the manner specified in clause (a) above.

18. Funds of the Society shall be spent towards promotion of aims and objectives of the Society including items such as:

18.1 Payment of salaries, allowances and expenses to the staff of the Society.

18.2 Payment of expenses for administration of the Society including travelling expenses, audit of the accounts of the general funds of the Society.

18.3 Payment for any legal proceedings which the Society or any member, if authorised by the Society thereof is a party when such proceedings are undertaken for the purpose of securing or protecting the rights and interest of the Society and its members subject to section 6 of the Societies Registration Act, 1860.

18.4 Publication of periodicals or magazines furthering particularly the interest of the Society and its members.

19. Accounts of the Society:-

19.1 The funds of the Society shall be deposited in one or more accounts opened with a Nationalized bank. Secretary and Treasurer shall operate the bank account of the Society jointly.

19.2 The Executive Committee at its discretion limit up to Rs.5,000 (Rupees twenty thousand only) the cash balance which may be held by the Joint Secretary to meet sundry expenses of the Society.

20. Financial Year : -

20.1 Accounting year for the society will be from 1st April to 31st March of succeeding year.

20.2 Society shall maintain proper accounts and other relevant records as well as documents comprising the receipt and payment accounts, statement of assets and liabilities and balance sheet.

21. Keeping of Accounts

The Executive Committee shall arrange for the proper maintenance of accounts with respect to

1. All sums of money received and expended by Society and the matters in respect of which receipts and expenditure take place.

2. All sales and purchases of goods by the Society and

3. The assets and liabilities of the Society.

22. Audit:-

22.1 A Chartered Accountant, to be appointed by the Executive Committee of the Society, shall audit the accounts of the Society. The nature of audit to be applied and the detail arrangement to be made in regard to the accounts and their maintenance and the presentation of the accounts for audit shall be as per guidelines. The Auditor shall also submit a report showing the exact state of

financial affairs of the Society. The copies of balance sheet and the auditor’s report

shall be certified by the auditor, and filed with the concerned Government

Agencies.

22.2 Society shall ensure that the accounts are duly audited and the audit report is to be placed before Executive Committee.

22.3 The Society shall send audited statement of accounts to the funding agency as per the requirement of the agency.

23. Annual Report

23.1 The Secretary shall prepare an annual report of the proceedings of the Executive Committee and all works undertaken during the year. This report and the duly Audited Annual Accounts of the Society shall be placed for approval before Executive Committee.

23.2 The Annual Report and Annual Accounts as approved by Executive Committee shall be placed before the Annual General Body meeting of the General Body before 30th September of the year. A copy of the Annual Report and Annual Accounts as approved by General Body may be forwarded to Government within 30 days and shall be filed with the Registrar of Societies, Tamil Nadu along with:

a. a list of names, address and occupation of the office bearers of the Society,certified by the President; and

b. a copy of balance sheet and auditor's report certified by the Auditor.

23.3 Annual Reports shall be placed before Executive Committee of the Society.

24. Legal proceedings:-

24.1 The Society may sue or be sued in the name of the Society through its Secretary.

24.2 No suit or proceeding shall abate by reason of any vacancy or change in the holder of the office of the President, the Secretary or any office bearers authorized in this behalf.

24.3 Every decree or order against the Society in any suit or proceeding shall be executable against the property of the Society and not against the person or the property of the President, the Joint Secretary or any office bearer.

24.4 Any person, including a member of the Society who damages, injures or destroys any property of the Society or otherwise acts in a manner resulting in pecuniary loss to the Society can be sued by the Society. The fact that such person may be a member of the Society shall not in any manner prevent the Society from proceeding against him in a court of law.

25. Any amendment in memorandum of rules will be carried out in accordance with procedure laid down under Societies Registration Act of Tamil Nadu.

26. Discussion and adjustment of affairs

If the Society needs to be dissolved, it shall be dissolved as per provisions laid down under Societies Registration Act of Tamil Nadu and net amount remaining at the end shall be remitted back into Government Account.

27. Application of the Acts:-

At the provisions under all sections of Societies Registration Act of Tamil Nadu as applicable to Kancheepuram district shall apply to this Society.

28. Contracts:-

28.1 All contracts and other instruments for an on behalf of the Society shall, subject to the provisions of the Act, be expressed to be made in the name of the Society and shall be executed by the persons authorized by Executive Committee.

28.2 No contract for the sale, purchase or supply of any goods or materials shall be made for and on behalf of the Society with any member of the Society or Executive Committee, or his / her relative, or firms in which such member is a partner / shareholder, or with any other partner or shareholder of a firms or a private company in which the member is a partner or Director.

29. Common Seal

The Society shall have a common seal of such make and design as Executive Committee may approve.

30. Powers of State Government

The State Government can issue directions to the Society on any matter that it deem fit and as may be necessary. The Society shall be bound to comply with any such direction from the State Government.

31. Notice

Notice may be served upon any member of the Society either personally or by post to the address of such member at the address mentioned in the register of members. Any notice so served by post shall be deemed to have been served on the day following that on which the letter, envelope or wrapper containing the same is posted and in proving such service, it shall be sufficient to prove that cover

containing such notice was properly addressed and delivered to the post office.

32. Records of Society

32.1 The Society shall keep in its registered office proper books of accounts, in which should be entered accurately:-

a. All sums of money received and the source thereof, all sums of money expended by the Society and the object or purpose for which such sums are expended:

b. The assets and liabilities of the Society.

32.2 The other records will be:

a. Member register;

b. Proceedings Register of the General Body;

c. Proceedings Register of Executive Committee;

d. Cash Book, Bank Book and General Ledge;

e. Records of the Employees of the Society;

f. Records of the Accounts and Claims;

g. Stock Register;

h. All other records required for proper and systematic running of the Society.

33. Essential Certificate:-

33.1 “Certified that this is the correct copy of rules and regulations of the Society.

33.2 The income and funds of the Society shall be solely utilised towards the objectives of the Society and no portion of its shall be utilised for payment to the members of the General Body or Executive Committee by way of profit, interest, dividend etc., except remuneration if any allowed by the Government.

33.3 The Society shall not carry on its activity with the intention of making profit.

33.4 The activities of the Society shall be carried out only in India.

33.5 The investment of funds of the Society shall be in accordance with the provisions of section 13 (1) (d) read with section 11 (5) of the Income Tax Act.

33.6 The Society is irrevocable by the promoters.

We the undersigned do hereby certify that the above is a True and correct copy of the Rules and Regulations of the Society.

Name & Designation Address Occupation

D. Singari. 149, Muthu Irlandi Nagar Home maker

W/O Devaraj Chinna Kollamedu

President Ammanambakkam Via

Chengalpattu TK,Kanchi Dt

S. Murugammal 148,Muthu Irlandi Nagar Herbal Healer

W/O Sekar Chinna Kollamedu

Vice President Ammanambakkam Via

Chengalpattu TK,Kanchi Dt

Sanjivi 151, Muthu Irlandi Nagar Social Worker