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Memorandum and Regulations of a Society - Prof. Das, High school final essays of Law

The aims and objects, membership, rights and obligations, expulsion and removal, meetings, books of accounts, alteration of memorandum and regulations, and dissolution of a society. It also specifies the roles and responsibilities of the office bearers, including the president, secretary, treasurer, and executive committee members.

Typology: High school final essays

2023/2024

Uploaded on 06/06/2024

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MEMORANDUM OF ASSOCIATION
OF
WEST BENGAL DENTAL
SERVICES ASSOCIATION.
1. NAME OF THE SOCIETY
The name of the Society shall be “West Bengal Dental Services Association” which
shall be registered under the Societies Registration Act of 1860 and the rules
framed thereunder.
2. REGISTERED OFFICE OF THE SOCIETY
The registered office of the Society shall be situated in ______________________ at
___________________________________________.
3. AREA OF OPERATION OF THE SOCIETY
The area of operation of the Society --------------------------.
4. AIMS AND OBJECTS OF THE SOCIETY
The aims and objects to be pursued by the Society are –
i. To includate fellow feelings, sense of solidarity and understanding amongst
its members and also towards the society in general.
ii. To protest, promote and pursue the common interests of all the members of
the Association in all spheres of life.
iii. To hold an Annual Conference and Annual General Body Meeting and other
meetings as decided by Executive Committee from time to time.
iv. To promote scientific activities amongst members and work for professional
upliftment.
5. GOVERNING BODY (MINIMUM 07 SEVEN)
The names, addresses, occupations and designations of the members
of the first Governing Body to whom the management and affairs of
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MEMORANDUM OF ASSOCIATION

OF

WEST BENGAL DENTAL

SERVICES ASSOCIATION.

1. NAME OF THE SOCIETY

The name of the Society shall be “West Bengal Dental Services Association” which shall be registered under the Societies Registration Act of 1860 and the rules framed thereunder.

  1. REGISTERED OFFICE OF THE SOCIETY The registered office of the Society shall be situated in ______________________ at ___________________________________________.
  2. AREA OF OPERATION OF THE SOCIETY The area of operation of the Society --------------------------.
  3. AIMS AND OBJECTS OF THE SOCIETY The aims and objects to be pursued by the Society are – i. To includate fellow feelings, sense of solidarity and understanding amongst its members and also towards the society in general. ii. To protest, promote and pursue the common interests of all the members of the Association in all spheres of life. iii. To hold an Annual Conference and Annual General Body Meeting and other meetings as decided by Executive Committee from time to time. iv. To promote scientific activities amongst members and work for professional upliftment.
  4. GOVERNING BODY (MINIMUM 07 SEVEN) The names, addresses, occupations and designations of the members of the first Governing Body to whom the management and affairs of

the Society is entrusted as required under Section 2 of the Societies Registration Act, 1860, as applicable to the ___________are as follows: SN Name Father/Husband Name Address Designation Occupation

  1. PRESIDENT

IMMEDIATE PAST

PRESIDENT

PRESIDENT

ELECT

SECRETAR

Y

5. JOINT

SECRETARY

TREASURER

ASSISTAN

T

TREASUR

ER

EDITOR

9. ASSOCIATE

EDITOR

6. DESIROUS PERSONS

We, the undersigned are desirous of forming a society namely: “______________________” under the Societies Registration Act, 1860 as applicable to the _________________________, in pursuance of this Memorandum of Association of Society.

  1. LIST OF GENERAL BODY MEMBERS:

The membership of the Association shall be limited to the officers of all grades of the WBDS. ELIGIBILITY FOR MEMBERSHIP Any officer of the WBDS whether full time, temporary or permanent Practising, non-practising shall be eligible for membership as long as he/she is in active service, deputation or on leave from duty.

  1. TYPES OF MEMBERS ASSOCIATE MEMBERS Associate membership of the Association shall be limited to the officers of all grades of the WBDS who have retired from Government Service. They will have no voting right in the Association nor can they contest any post of the Association.
  1. Cessation of Membership a) Membership may be terminated due to the reasons of failure pon the part of the member in continuing his membership, or following resignation or retirement from the service due to conduct unbecoming of a member and detrimental to the cause of the Association. If the membership of a member is rejected by the Convenor he should be allowed to appeal to Executive Committee and each District application should be forwarded by the concerned District Convenor and he will have to inform the Executive Committee, the cause of refusal. b) Before termination of a membership due to the abovementioned causes, the Executive Committee will have to issue a show-cause notice to the person concerned and he/she will have to explain his stand in writing within 21 days after receiving the notice. If a member refuses to accept the notice, the Executive Committee can decide about the member in the next Executive Committee meeting. Otherwise, the Executive Committee will take the decision after receiving the answer to the said notice if it comes within 21 days to the Executive Committee. The decision of the Executive Committee shall be final in this respect.
  2. Register of Members

The society shall maintain a register of members containing the names, address and their occupations, the date of admission and of cessation of membership, the Register will be kept open for inspection of the members of the members of society on requisition. All entries required to be made therein shall be entered within a period of 15 days.

  1. Rights and obligation of members Any ordinary member of the society has the right (a) to elect and to be elected in any election of the society, (b) to submit suggestion for discussion to the Governing Body and subcommittee on any matter relation to society, (e) to inspect the accounts and the proceedings of the meetings of the society on appointment with the Secretary, (d) to pay his/her subscription within the prescribed time, Defaulting members shall not be allowed to take part or vote in a meeting. Member shall have one vote each.
  2. Expulsion & Removal Frequent actions of any members, if found by the Governing Body detrimental to the interest and in violation of the regulations of the society, he/she may be after due enquiry, censured, suspended or expelled from the membership by the Governing Body. In that case the Governing Body shall first serve the member concerned with a show cause showing therein the charges framed and ask him/her to submit his/her statement of defence with a month. On receipt of the explanation the Governing Body shall have the power to take a suitable action against the delinquent member after allowing him to defend his/her case. If no reply to the show cause notice is received within a month, the Governing Body may take an ex-prate decision. For any act of expulsion or termination no such members shall be entitled to prefer any Claim for compensation or damage even if proved on subsequent date that such act of expulsion or termination was wrongful. Governing Body
  1. Composition, election/appointment, resignation/removal, terms of office: There shall be a Governing Body consisting of not less than 07 members. The office bearers of Governing Body shall comprise of President, Secretary, Treasurer, other members of the committee. The office bearers & Other members of committee shall be elected at the A.G.M. The resignation and removal of the Governing Body members shall be dealt with as has been prescribed as in the case of other members noted herein before.

before the meeting will be decided by a majority of votes, each member having one vote. The President shall have a second or casting vote in addition to his own vote in case of equality of votes. POWER AND DUTIES OF THE GOVERNING BODY The Governing Body shall have general power of supervision and conduct over all the affairs of the society and in particular shall discharge the following duties: (i) To appoint sub-committee with such power and duties as may be considered necessary or expedient. (ii) To accept donation, gift, subscription, movable or immovable property for the objects of the society. (iii) To sell, lease, mortgage or otherwise dispose of and deal with all or any part of the property of the society prior approval at AGM. (iv) To keep proper accounts of the society and to open bank account in the name of the society in one or more bank. (v) To co- opt not more than two members to the Governing Body. (vi)To appoint a person or persons on payment to assist the Secretary/Treasurer in the Maintenance of account, etc. SAFE CUSTODY OF PROPERTIES The Governing Body shall be responsible for the funds, properties and assets of the Society. The funds of the Society shall be kept in banks/post office/Mutual Funds and be invested in any securities specified under section 20 of the Indian Trust Act,1882. BOOKS OF ACCOUNTS AND INSPECTION The books of account and other statutory books shall be kept at the registered office and shall be open for inspection of the members at such time and place as the Governing Body directs on a written request made by any member. ACCOUNTING YEAR The accounting year of the Society shall be from the 1stday of April to the 31stday of March of following year.

BANK OPERATION:

The Banking accounts of the society shall be operated by the, secretary, President, Treasurer or any two of them jointly. GENERAL MEETING Annual General Meeting Notice: The Secretary shall annually call the Annual General Meeting as per provisions of W.B.S.R. Act, 1961, giving at least 14 days’ notice to all members. The notice shall contain the place date, day and time of the meeting. Agenda: The business to be transacted at the A.G.M, shall be: (a) to confirm the minutes of the last A.G.M. and of special general meeting if any, (b) to adopt with or without modification the report of the working of the society for the previous year, (c) to pass audited accounts of the society for the previous year ended, (d) to appoint qualified Auditor or Auditors, (e) to transact such business as may be fixed by the governing Body, (f) to transact such other business as may brought forward by giving 14 days previous notice from any member, (g) to conduct general election. QUORUM OF THE MEETING 2/3 of the members shall form the quorum of the meeting. MANNER AND METHOD OF VOTING Any person who possesses the necessary qualification may apply to the Secretary through the concerned District Convenor along with the necessary fees. Following the presentation of such an applicant, and with

Governing Body, (e) sign on behalf of the society all receipts for all sums received as subscription etc, (f) sign and give pay order on all bills for payments, (g) get the accounts of the society audited by a Chartered Accountant, (h) ensure compliance with statutory requirements, (i) transact all other business subject to the direction of the Governing Body. Treasurer: He/ She (a) collect and receive all sorts of subscriptions, donations and grant receipts thereof, (b) maintain and keep cash book and such other accounts as are necessary, (c) prepare the budget in consultation with the Secretary for consideration of the Governing Body. MAINTENANCE AND AUDIT OF ACCOUNTS The society shall maintain books of accounts as required under sec 15(1), (a), (b) of the Act. The accounts shall be audited by a duly qualified auditor as stated in sec. 15(2) of the Act. SUIT & LEGAL PROCEEDINGS All suits and legal proceedings by organist the society shall be in the name of the Secretary or such person as shall be appointed by the committee. ALTERATION OF THE MEMORANDUM &REGULATIONS The Memorandum and regulations may be altered, modified, rescinded or added to by special resolutions passed by the 3/4thMembers in general meeting called for the purpose. The Governing Body shall have powers to make, alter modify or rescind such Regulations as may be considered necessary in the interest of smooth functioning of the society. DISSOLUTION OF SOCIETY Subject to the provisions of sections 24 & 27 of the West Bengal Societies Registration Act, 1961 or any statutory modifications thereof, the society may be dissolved by a resolution to that effect passed by 3/4thmembers of the society at a general meeting. The said meeting shall also decide the manner of disbursement of the funds and assets of the Association, if any after dissolution. In the event of dissolution the assets of the society remaining on the date of dissolution shall under no circumstance, be distributed among the members but the same shall be transferred to other societies having similar objectives.