CONSTITUTION OF CORBAN SOCIETY
Article 1 : Name Of the Society:
The name of the Society shall be CORBAN Society
Article 2 : Headquarters Of the Society:
The Headquarters of the Society shall be located within the City of Aizâwl or any other place in the State of Mizoram considered convenient by the General Meeting of the Society.
Article 3 : Membership:
The membership of the Society is open to any person who has attained the age of maturity and fulfils the terms and conditions of the Society but subject to the approval of the Governing body. If any Government servant is desirous of becoming a member of the Society, he/she will have to inform the appropriate authority in the Government prior to joining the Society. If the membership is not approved by the governing body, the reason of refusal shall be communicated to the person/ applicant concerned.
Article 4 : Membership Fee and Subscription:
Any person interested in the Aims and Objectives of the Agency can become a member of the Agency by paying the requisite fee as follows unless otherwise revised by the Governing Boby:
- Patron member ? 2,500/-
- Life member ? 1,000/-
- Annual member ? 200/- per annum
Article 5 : Termination or Cessation of Membership:
The membership of any person shall normally cease:
- When he/she voluntarily resigns himself of his members-hip either verbally or in writing;
- On failure to abide by the rules and regulations of the Society;
- If his/her actions are found to be hazardous to the consistency of the Society,
- On death.
Article 6 : Re-Admission:
In case, any member of the Society is expelled by the Governing body on any ground of Article 5 (i),(ii)&(iii) of Rules and Regulations, he/she can be re-admitted, provided the Governing Body permitted his/her re-admission.
Article 7 : Register of members and facilities:
The Society shall maintain a register of its members and shall enter therein the name, address, date of enrolment and date of termination of the members.
Article 8 : General Body defined:
All the members of the Society will constitute the General Body of the Society.
Article 9 : General Body Meeting:
- (a) Notice- Minimum 3 days notice shall be given to the members, before the date of General Body Meeting, enclosing agenda specifying date, time, place and issue to be discussed ;
(b) The General Body Meeting shall normally be summoned at least once a year;
(c) A special General Body Meeting may be convened by the General Secretary any time between the normal General Meeting for making decision on vital and urgent matter when the Governing Body alone cannot arrive at a pro-per conclusion of particular subject;
(d) The General Assembly shall be presided over by the Chairman.
(e) Decisions on all procedural matters shall be made by the affirmative votes of the simple majority in a General Meeting.
Quorum of the General Body Meeting shall be the total number of the members present provided that they consider business can be conducted. However, the Chairman or the Vice-Chairman should invariably be available.
- Powers and Functions:
The General Body Meeting is the highest authority of the Society and its decision shall be final. It shall execute the following powers and functions:
(a) To adopt the Annual Report of the General Secretary and Audit Memorandum/Report of the Governing Body;
(b) To review progress and achievements of the Society during the preceding year;
(c) To deliberate on the points of the Agenda at the Meeting and arrive at decision accordingly;
(d) To hold discussion, if necessary, on decisions made or policies framed by the Governing Body, and accord approval or disapproval to them as the case may be;
(e) To discuss and make decision on matters relating to the achievement of the aims and objectives of the Society;
(f) To innovate new schemes and strategies to further the progress of the Society;
(g) To elect the members of the Governing Body.
Article 10 : Rights and Privileges of members:
All and every member of the Society:
- a) shall be entitled to participate in meetings, cultural/ educational functions and other lawful gatherings, called/ arranged by the Society.
- b) have right to collect the identity card after depositing the required/prescribed fee (fixed by the Governing Body of the Society from time to time).
Article 11 : Duties of the members:
All and every member of the Society shall:
- a) elect the Governing body of the Society,
- b) attend the General Body meeting regularly,
- c) give the necessary information to the Society, pertain ing to any matter which is necessary to be known by the Society,
- d) not indulge in activities which are prejudicial to the aims and objects and/ or the rules and regulations of the Society.
Article 12 : Governing Body:
The Governing Body shall consist of the following who shall also be the members of the Agency:
- The Ex-officio Members; The Ex-offcio members shall be the General Director and the Director respectively.
- 4 to 10 executive members to be elected biennially by the General Meeting, provided that of the eight members to be elected by the General Meeting, three members shall be nominated by the existing Governing Body. The number of the Governing Body may be increased or decreased by the General Assembly as and when necessary;
- The Chairman of the Governing Body shall be elected in the first meeting of the Governing Body of the Society under the guidance of the Ex-officio members.
- The Vice Chairman of the Governing Body shall be elected in the first meeting of the Governing Body;
- The General Secretary shall be elected in the first meeting of the Governing Body;
- The Recording Secretary shall be appointed on ad-hoc basis amongst the members of the Governing Body;
- The Ex-officio Members; the two Ex-officio members are the founders of the Society, holding the post of General Director and Director respectively in the Governing Body.
Quorum of the Governing Body shall be formed by half of the total members. Either the Chairman, the Vice Chairman or the Ex-officio members shall invariably preside over the meeting of the Governing Body.
- Term of Office:
The term of office of the Governing Body shall be for a period of two years.
- Conduct of Meeting:
- The panel of the Governing Body shall be the Chairman, the Vice Chairman and the Ex Officio members;
- Decision(s) on all procedural matter(s) shall be arrived at by the affirmative votes of simple majority of the members present;
- In the event of tie, the Chairman shall have the discretionary power to make final decision by casting his vote for or against the motion.
- Powers and Functions:
The Governing Body shall be entrusted with the over-all administration and responsibilities of the Society. It shall, in accordance with the provision of the Constitution of the Society, discuss, make decisions, and execute necessary actions on the affairs for and on behalf of the Society. It shall have the following powers and functions:
- The Governing Body shall meet as often as possible to discuss the affairs of the Society pertaining to administration, management, fund raising, settlements of liabilities etc.
- The Governing Body shall present Audit Memorandum/Reports and submit important decisions/policies to the General Meeting for due approval.
- The Governing Body shall work out the anticipated annual expenditure of the Society, prepare budget accordingly, and present them before the General Meeting for approval.
- The Governing Body may decide on certain vital and urgent matters without the consent of the General Meeting or the Special General Meeting.
- The Governing Body shall frame policies and programs for the welfare and upliftment of the society as a whole keeping in view the practices followed by allied institutions/organizations at international level.
- The Governing Body shall, for and on behalf of the Society, deal with the Central or the State Government as the case may be, on important matters as and when necessary.
- The Governing Body shall sanction approval of expenditure for the Society and devise Service Rules, Leave Rules and Travelling Rules to govern the conduct of the workers and the staff.
- The Governing Body shall have absolute power in appointing/terminating the services of the workers and the staff without assigning any reason thereof.
- The Governing Body shall fix amount of salaries of newly appointed workers, determine their security deposits, specify their responsibilities and make arrangement and alteration in the distribution of works among them.
- The Governing Body shall determine the salaries and allowances of the Society Founders and regularize his/her welfare and that of his family as well.
- The Governing Body shall take initiative in the pursuit of the aims and objectives of the Society and take necessary steps to level up the development and progress of the Society.
- The Governing Body shall fix the date and venue of the General Meeting or if necessary, those of the Special General Meeting as well.
- The Governing Body shall approve and finalize the Agenda drafted by the General Secretary for the General Meeting.
- Amendment(s) of the Constitution may be assigned to the Governing Body or a separate body shall be formed for and on behalf of the Governing Body.
Article 13 : Composition of the Governing Body:
The composition of the Governing Body shall be as under-
- a) General Director One Ex-officio
- b) Director One Ex-officio
- c) Chairman One Elected
- d) Vice-Chairman One Elected
- e) General Secretary One Elected
- f) Recording Secretary One Appointed
- g) Executive Member Four Elected
Article 14 : Termination of member of Governing Body:
Any member of the Governing Body can be terminated from the office on the same grounds of Article 5 of the constitution.
Article 15 : Restriction on holding office:
No person who is an undercharged insolvent or who has been convicted of any offence under the law shall be entitled to be a member of the Governing Body. Permission/sanction from the prescribed authority shall be obtained by the government servant holding an elective office in the Society.
Article 16 : Power and Duties of the Office Bearers:
- a) He/she shall preside over all the meetings of the Society.
- b) At the time of voting on any matter/subject (except Election), if the total votes of the groups of members happen to be equal in number the Chairman has the power to cast an extra vote to decide the matter/subject.
- c) He/she shall have the power to allow inclusion of any subject/matter in agenda for the discussion in the course of proceeding/meeting.
- d) He/she will sign all the papers/ letters related to the decision of the meeting on behalf of the Society.
- Vice Chairman
The Vice Chairman of the Society shall enjoy all the powers of the Chairman in his/her absence.
- General Secretary
- a) He shall keep custody of all important documents and records of the Society.
- b) He shall maintain the record registers of the meetings of the Society.
- c) He shall deal with all correspondences of the Society.
- d) He shall initiate implementation of new plans and programs for the Society.
- e) He shall draft the agenda for the General Meeting.
- f) He shall convene various meetings of the Society.
- g) He shall monitor the activities and achievements of the Society and its Branches.
- Recording Secretary
- a) He/she shall assist the General Secretary in all meetings of the Society.
- b) He/she shall keep records of meeting with all its decisions.
- c) He/she shall keep records of correspondences on behalf of the Society.
- a) He shall be the Executive Head of the Society. All important matters concerning the affairs of the Society shall be conducted in his name.
- b) He shall initiate new plans and strategies for the Society and present them before the Governing Body for approval.
- c) He shall have the power to provisionally appoint/suspend workers pending finalization by the Governing Body.
- d) He shall have financial authority in consultation with the General Director.
- e) He shall operate the joint Bank account of the Society with the General Director.
- f) He shall conduct meetings when necessary.
- General Director
- a) He shall have financial authority in consultation with the Director and operate the joint account of the Society.
- b) He shall be responsible for generation of income and plan strategies to work out the financial need of the society from different sources.
- c) He shall oversee the full functioning of the Society and be responsible for the progress and smooth flow of the Society.
- d) He shall deal with disciplinary problems arising amongst the faculties.
Article 17 : Filling up of casual vacancies:
Any casual vacancy amongst the Governing Body shall be filled by the resolution passed by the Governing Body. Such appointment shall be confirmed by the General Body in its coming General Body Meeting.
Article 18 : Appeals:
All the appeals shall be preferred to the Governing Body of the Society and the decision of the Governing Body shall be final.
Article 19 : Election:
General Body in its annual meeting will elect its Chairman and all other office bearers and also the executive members of the Governing Body under the guidance of the Ex-officio members of the Governing Body. The Election shall be conducted after every two years by secret ballot papers or by show of hands as the Election Officer may decide. Voting by proxy will not be allowed. Simple majority of votes shall be declared as elected accepted.
Article 20 : Sources of Income:
All the income of the Society shall be utilized only for the promotion and upliftment of the Aims and Objects of the Society. Sources of income of the Society are as under:
- a) Membership Fee from the members of the Society.
- b) Donation and special contributions.
- c) Profit from various work and activities organised or taken-up by the Society.
Article 21 : Property of the Society:
All properties belonging to the Society shall vest in the Governing Body of the Society but shall be referred to as the properties of the Society. The Society shall maintain register for recording details of the properties/ assets.
Article 22 : Gift:
Any kind of Gift received from any person/organisation for a specific purpose shall not be used for any other purpose without the consent of the donors or registrar, firms and societies.
Article 23 : Financial Year:
Financial Year of the Society shall start from 1st April to 31st March, every year.
Article 24 : Audit
The accounts of the Society shall be audited by the qualified auditor (Chartered Accountant or persons approved by the Registrar, firms & societies) every year.
Article 25 : Management of Funds and account operation:
Bank Accounts shall be operated by joint signatures of the General Director and Director of the Governing Body of the Society. They shall keep proper books of accounts in which all sums of money received, sources thereof, expenditure and object or purpose, and the assets and liabilities of the society shall be recorded and entered.
Article 26 : Inspection of accounts:
All the members of the Society shall have the right to inspect Books of accounts and proceedings of the meetings of the Society if and when required.
Article 27 : Submission of annual reports:
Once in every year a list of the Governing Body of the current year, annual activities report certified by the Chairman and the General secretary and auditor’s report and balance sheet for the previous year duly audited and signed by qualified auditors shall be filed in the office of the Registrar, firms&societies,Mizoram Aizawl as it is required under section 18 of the Mizoram Societies Registration Act, 2005.
Article 28 : Dissolution of the Society:
If the Society needs to be dissolved, it shall be dissolved as per provisions laid down under the Section 25 & 28 of the Mizoram Societies Registration Act, 2005. In the event of dissolution of the Society, all assets and liabilities of the society shall be handed over to the Founder Director and General Director who in turn, shall arrange disposal of the said assets and liabilities with the help of the Board of Directors.
Article 29 : Legal Proceedings:
The Society may sue and/or may be sued in the name of the Director who is the Executive head of the Society and is being authorized by the Governing Body.
Article 30 : Ammendment:
The General Assembly shall amend, if necessary, any of the provisions of the Constitution including bye-laws after taking into consideration the proposals submitted by the Board of Directors. However the ammendment shall be carried out in accordance with section 9 of the Mizoram Societies Registration Act,2005.
Article 31 : Application of the Act:
All the Provisions under all the sections of the Mizoram Societies Registration Act, 2005 shall be applicable to this Society.