Bylaws Of Committees ... Jan 2015

BYLAWS GOVERNING THE VARIOUS COMMITTEES

General bye-laws governing the various committees formed by the Board of Trustees of “Guruji Ka Ashram – Trust” for implementation of various schemes and activities.
 
 

The Trust:

The term “Trust” shall mean “Guruji Ka Ashram” formed and constituted as per the provisions of the Trust Deed dated 14-05-1999 and duly registered with office of the Sub-Registrar, Mehrauli, New Delhi.
 

Trust Deed:

The term “Trust” shall mean “Guruji Ka Ashram” formed and constituted as per the provisions of the Trust Deed dated 14-05-1999 and duly registered with office of the Sub-Registrar, Mehrauli, New Delhi.
 

Trustees:

The term “Trustees” shall mean the trustees appointed in terms of the Trust Deed dated 14-05-1999 or any subsequent modification or amendments thereto.
 

Board of Trustees:

A group of selected sangat members selected by the Board of Trustees who shall act as the functional arm of the Trust and shall be responsible for implementing all the activities of the Trust.
 

SST - GKA shall mean:

The term “Trust” shall mean “Guruji Ka Ashram” formed and constituted as per the provisions of the Trust Deed dated 14-05-1999 and duly registered with office of the Sub-Registrar, Mehrauli, New Delhi.
 

Board of SST – GKA:

The term “Board of SST – GKA” shall mean the seven selected members by the BOT – GKA as aforesaid collectively.
 

The Sangat Committee shall mean:

The term “Sangat Committee shall mean a group of people drawn from the bank of volunteers of Sangat Support Team – Guruji Ka Ashram Trust duly selected by its Board Members” and duly approved by the BOT – GKA. These committees shall be responsible for the successful completion of responsibilities inferred upon them as specified in the responsibilities of the Clause No 6 (c). The Board of Trustees of the Trust Guruji Ka Ashram reserves the right to define the roll/ continuation/ functioning of this Committee.
 

Names of Committees Covered by these Bylaws:

Name of Committees No of Board Members
       
1.

Hospital committee.

 
8
2. Delhi Meditation center committee.
 
5
3. Functions committee.  
6
4. Maintenance & repair committee.  
4
5. Raw material purchase committee.  
4
6. Horticulture committee  
3
7. Museum development committee.  
3
8. Literary works committee on Guruji.  
3
9. Financial Aid Committee  
6
 

Eligibility for appointment and restrictions upon the members to the Sangat Budget Committee:

-  For being a member to the Sangat Committee, he/she has to a member of the Sangat Support Team – Guruji Ka Ashram New Delhi.

-  No member of this “Sangat Committee” will be part of the Trust or its Board.

-  The members of these committees, upon relinquishing their office individually or collectively shall have “no claim” whatsoever to the membership of the continuing committee or to the Sangat Support Team – Guruji Ka Ashram, in any/whatsoever manner.

 

Term of Committee Members:

-  The tenure of the committee members of the aforesaid budget committee will be “Two years.” The committee will be considered functional from the date of the date of adoption of these bylaws by the individual committees.

-  The tenure of the members of the aforesaid committee on expiry will automatically terminate with no consideration to its completing the ongoing project.

-  The Committee through its members shall not have any legal entity or powers to reconstitute itself through a resolution/ or by filing of suit in any court of India.

-  The committee can only be reconstituted, by the Sangat Support Team – Guruji Ka Ashram with prior sanction from the Board of Trustees of Guruji Ka Ashram Trust, New Delhi.

 

Constitution of the Sangat Committee:

 

The Board of SST - GKA with the approval of Board of Trustees Guruji Ka Ashram Trust shall constitute various committees as mentioned in clause 3 (a) above consisting of members not less than “Three and not exceeding Eight.”

   
  In addition to the members of these committees, under clause 6. (a) above, there shall be two more people, one nominee from the SST – GKA and one nominee on behalf of the Trust who will act as observers and will as liaison between their respective Boards.
   
  The committee shall be responsible for the specific work/ project it has been constituted for and under no circumstances will it infringe upon the functioning or authority of the other committee(s). These members will be free to invite additional sangat members considering their field of expertise from time to time as advisors/ observers for a larger participation of the sangat, not exceeding more than 6 (six)
   
  For the management and administration of the Committee, the members shall elect amongst themselves for the offices of one post each of Chairman, Vice Chairman, Secretary and Treasurer. However, in the event of any failure or inability to make any such election due to any reason whatsoever, the said selection shall be made by the trust nominee shall be final and binding.
   
  The term of office for Chairman, Vice Chairman, Secretary and Treasurer shall be for a period not exceeding “one” year from their date of appointment and they may be reelected for further terms on the decision of the committee members.
   
  No Trust nominee shall hold office in the committee. The persons holding these offices of Chairman, Vice Chairman, Secretary and Treasurer shall be under the administrative guidance and supervision of the SST – GKA and the Board of Trustees through their respective nominees and both these nominees will act as liaison between their respective boards.
   
  Chairman:
  The committee shall elect/nominate one of its members to act as the Chairman of the committee who shall preside over the meetings and conduct them as per the provisions of these bye- laws.
   
  Vice Chairman:
  The committee shall elect/nominate one of its members as the Vice Chairman who shall discharge the duties of the Chairman, in the absence of the Chairman of the Committee and shall have the power and authority delegated and assigned to him/her by the Chairman.
   
  Secretary:
  The committee shall elect/nominate one of its members as the Secretary of the committee and the Secretary shall maintain the records of the committee, prepare and circulate agenda, note/circulate the minutes of meetings held, coordinate between the members of committee and the Board of SST – GKA and the Trust Nominee. He will be responsible for the safe custody of all the records of the committee.
   
  Treasurer, his role and responsibilities:
  - The Treasurer will prepare the Annual Budget, monthly and yearly expenditure statements submit the monthly expenditure statements.
- The Treasurer will be responsible for the maintenance of all the bills and vouchers.
- The Treasurer will ensure that all the bills and vouchers are timely submitted and explained to the trust’s accounts department.
- The Treasurer will brief the auditors duly appointed by the Board of Trustees and place them before the Board of Trustees for their approval.
- The Treasurer will be responsible for maintenance of daily cash book, preparation of all the vouchers for the payments made.
- He will be totally responsible for following and maintaining proper accounts mentioned herein.
- The Treasurer along with the authorised Permanent Trustees shall be authorized to sign bank cheques, application for drafts and payment instructions jointly with the Chairman and Vice Chairman and draw money from the bank, upto the limits defined by the Board of SST GKA. The Treasurer is responsible for safe custody of cash.
   
 

Nature of committee:

This committee is constituted in terms of provisions contained in these by-laws:-
 

Powers and Duties of the Committee members:

To administer the working of the committee, the project it is undertaking (as specified individually in clause NN-d-1 to9 of SST –GKA, Terms Formation and Governance), and will be authorised to look after its affairs and do all the things which will fulfill the performance of the objects for which the committee is established and for this purpose it can apply various permissions, clearances etc. on behalf of the trust with prior information to the Board of trustees.

The funds and the property of the Trust will be solely utilized towards achieving the objects of the Trust the objects of the committee and no portion of it will be utilized for payment to the committee members, or Trustees or their relatives by way of salary, allowances, profit, interest, dividend etc.

The Trust shall allow the committees to open one bank account and operate the same or provide for operation of the said accounts in such name as the Permanent trustees may decide.

The committees shall adhere to all the relevant laws governing the trust in the manner not prohibited by any provisions of the Income Tax Act, 1961.

To appoint, suspend, dismiss or otherwise deal with the staff required for the administration of the Committee, to frame rules relating to their salaries and other benefits and generally to exercise all powers ancillary and incidental to effectively carry out the objects of the committee and the Trust.

The committee shall have power to make and rescind rules and regulations for the management and administration of the project.

No member of the committee shall commit any act or breach of Trust of the Trust fund or property or cause any loss to the Trust property or commit fraud in the administration of the committee, Trust funds or its property.

The committee members shall hold honorary office and shall not be entitled to any Salary, allowances or perquisites, except for the reimbursement of actual expenses incurred in connection with attending to the committee matters.

All the member of this committee shall not in any manner canvass or solicit for the participation of any of the firms, companies or other entities in the execution of the affairs of the Trust in which he/she or his/her family members/ relatives may have any interest.

All the member of the committee shall not conduct themselves in any manner whatsoever in the discharge of his duties which is likely to create a conflict between interest and duty.

 

The Role of committee:

To carry out the (role assigned to individual committees) in a phased or complete manner as decided by its members.

They will also be responsible for setting up plan for the functioning of the project assigned to the committee

The committee will be responsible for formulating the budget to the project assigned to them if required in a phased manner.

The committee will present the Budget to the Board of Trustees and the Board of SST – GKA for the necessary provisions and transfer of budge.

The committee will be responsible for executing the project/work assigned to them and will be responsible for calling the tenders/ bids, finalizing the same and recommending the construction company/ contractor to be awarded the tender.

The committee will be responsible for all the liaison work required to be carried out from time to time with the various authorities/ government departments for lawful construction and compliances.

Pass all bills and carry out payments and keep the Board of trustees and Board of SST – GKA on the payments made.

The members of the committee shall maintain true and correct accounts of the expenditures carried out by the committee.

The expenditure statements will be submitted to the trust accounts department on monthly basis. The accounts of the committee will be shall be audited on quarterly basis by a Chartered Accountant appointed by the Board of Trustees and the audited statement of account shall be placed before the Board of trustees for its approval.

The committee will also be responsible to carry out all the purchases required for the project assigned to them.

 

Meetings of Sangat Budget Committee:

The members of the committee will meet at least once in every calendar month and if required may meet more often as and when required

The Secretary of the committee shall be the person who shall be authorized to call, conduct and record the minutes of the meetings of the committee.

Every meeting of the committee shall be conducted with a notice of at least one week and clearly specifying the agenda on which the meeting is being called.

The members of the committee shall be convened by the Secretary and will be presided over by the Chairman. In his absence, the Chairman he may authorize the Vice Chairman to act and as the Chairman and preside over the meeting. In an event of a meeting being called in an emergency or otherwise Chairman or Vice Chairman are not able to attend the meeting already convened, any of the nominated Trustee present in the meeting may elect one amongst the committee to be the Chairman of the meeting.

All decisions shall be carried out by the majority decision of the committee members but in the event of equality of votes, the Chairman presiding over the meeting shall have a casting vote.

The committee members may invite other persons interested in the objects and functioning of the committee to attend the meetings for suggestions / consultations, but they shall not be entitled to vote.

 

Quorum:

  • The quorum for conducting the business at the meeting of the committee shall be a minimum of seventy-five percent of members who shall be personally present along with atleast one trust nominee throughout to conduct the meeting except for matters reserved in the individual clauses of this document and as mentioned in clause 19 and 20 below.

  • The proceedings of the committee shall not in any way be invalidated due to any post or posts remaining vacant. During the time when a vacancy is yet to be filled up, the remaining committee members shall act as “Full Board”, subject to the presence of Quorum in the meetings. Any vacancy in the committee or illegality in the appointment of committee member or their proceedings shall not invalidate any prior act or decision of the Board

 

 

Roles and Responsibilities and Powers

The Roles, Responsibilities and powers of all these office bearers is defined below. In addition to these, the Chairman may grant additional roles, responsibilities and powers to any of the Committee member.

 

Remuneration:

The member of the committee shall only be an honorary member and shall not be entitled to draw any remuneration or perquisites from the funds of the Trust.

 

Casual Vacancy:

Any vacancy caused by death of any one of the committee members, or any vacancy caused by the resignation of any of the committee members, may be filled up by co-option by the Board of SST – GKA.

 

Removal from the Committee:

Any member of the committee shall be liable to be removed from Committee” by the Board of SST – GKA in consultation with the Board of Trustees in the following events:

If the member commits an established act of misconduct.

If the member fails to attend meetings of the Committee for a continuous period of not less than three months without obtaining a formal leave of absence from the Chairman/ Vice Chairman.

If, in the reasonable opinion of the Committee and consent of the Board of Trustees, the member concerned is not a fit person to continue his association with the committee can be removed.

Any committee member may resign from the membership of the committee hereof by giving two calendar months notice in writing of his or her intention to do so, to the Board of SST – GKA and after the expiry of the period of notice, the Trustee giving the notice shall ipso facto cease to be a member of the committee.

 

Other Matters:

All other matters not hereby reserved in the clause mentioned above shall be subject to the decisions of the Trustees.