THE MEMORANDUM OF ASSOCIATION
1. NAME : The name of the society shall be TARATARINI DEVELOPMENT BOARD
2.OFFICE : The Registered Office of the Society shall be situated at Berhampur, Ganjam,
The following objects shall be carried on by the society on incorporation.
v To undertake various works for the improvement of Taratarini Temple complex with voluntary public -private initiative .
v To promote the complex and surrounding areas as a spiritual cultural and tourist centre.
v To take up welfare activities for people irrespective of caste, creed, class and religion.
v To associate itself in activities within the frame work of the above objects.
4. The names, address, occupations and designations of the members of the Governing Board on whom the management of the society entrusted are. (Founder Office Bearers)
1. Dr.Arun Kumar Panda, I.A.S Chairman
Revenue Divisional Commissioner, Berhampur.
2. Sri Sanjeev Kumar Mishra, I.A.S Vice Chairman
Collector, Ganjam, Chatrapur.
3. Sri Sujit Kumar Pradhan, O.A.S.(I) Treasurer
Sub-Collector, Chatrapur, Ganjam.
4. Sri Promod Kumar Panda, Secretary,
Editor, Dainik Asha, Hillpatna, Berhampur.
5. Sri Raghu Nandan Panaigrahy Joint Secretary
Phalgu Sahitya Sansad, Berhampur-3
6. Sri Chinari Rabindranath , Member,
Ram Nagar, Raja Gurji Chowk, Berhampur.
7. Sri Manoranjan Panda, Member, Ram Nagar, Berhampur-4
8. Sri Bhagaban Gantayat, Member, Ram Nagar, Berhampur.
9. Sri G.Simanchal Patro, Member, Ram Nagar, Berhampur
10. Sri Jaya Kishore Tripathy, Member,
Kalika Mandir Chowk, Berhampur.
11. Sri Bijoy Kumar Das, O.A.S Member,
THE RULES AND REGULATIONS
In these rules and regulations, unless the context otherwise requires, words and expressions shall construe as under.
Ø The society means the society established under the memorandum of association and registered under societies Registration Act,1860.
Ø The Governing Board, means the governing board of the society constituted as provided by these rules and regulations.
Ø The "General Board" means the general body as constituted under these rules.
Ø The "Chairman" means the chairman of the society.
Ø The "Vice-Chairman" means the vice-chairman of the society.
Ø The "Treasurer" means the Treasurer of the Society.
Ø The "Secretary" means the Secretary of the Society.
Ø The "Joint Secretary" means the Joint Secretary of the Society.
Ø "Special Resolution" means a resolution passed by a majority of not less than three fifth of the members of the society present in person, at a General Body meeting called for the purpose.
The subscribers to the memorandum of association and all such persons, who may be admitted from time to time only by invitation by the Governing Board shall be the members of the society. The membership fee will be decided by the Governing Board.
3.TERMINATION OF MEMBERSHIP.
The membership of the society shall be terminated:
q On submission of voluntary resignation in writing by the member to the Governing Board.
q Non attendance of three consecutive meetings, However the General Board shall have power to a condone non attendance on showing of sufficient cause thereof.
q On termination of membership by a special resolution of the Governing Body , when the activities of any member, is detrimental to the organisational goal.
4. THE GOVERNING BOARD
Ø The governing board of the society shall consist of a minimum of eleven members and maximum of twenty one members.
Ø The members of the Governing Board , shall be elected from the general body subject to clause (g) infra.
Ø The members of the governing board shall hold office for a period of three years at a time and that period shall end always with the conclusion of an annual general body meeting.
Ø At every third annual General Body meeting all the members of the Governing Board shall retire from the Governing Board and shall be eligible for re-election.
Ø An elected/nominated member may retire from office on giving at least 15 days prior notice in writing to the governing board.
Ø If an elected member ceases to hold office for any reason whatsoever, at any time, the Governing Board may nominate a member to hold office in his place for the rest of the term.
Ø The R.DC Berhampur, Collector, Ganjam Sub-Collector, Chatrapur and Tahasildar, Purusottampur shall be the permanent members of the Governing Board, out of whom the R.D.C shall be the Chairman of the Governing Body and the Collector, shall be the Vice Chairman
5. POWERS OF THE GOVERNING BOARD
The Governing Board shall have the substantial power to do all such act or things as may be necessary to carry out the objects of the society and for the management of its affairs. The Governing Board shall execute the following acts and things.
¨ Subject to the restrictions contained in these rules, to utillise the funds of the society for the attainment of its objects.
¨ To manage and look into the affairs of the society & to exercise all such powers of the society as are not under the statutes of these regulation, required to be exercised by the society in the general body meeting.
¨ To call for the meeting and to regulate their proceeding and to fix the dates for all general body meeting.
¨ To temporally engage professional, Technical, commercial personnel or advisers or any other personnel, for such purpose as shall be beneficial to the society.
¨ To form such committees necessitated for smooth execution of various activities and to delegate necessary powers and authority to such committees.
¨ To engage suitable personnel, exercise control and deal with administrating contingencies
¨ To appoint and remove the Secretary.
¨ To delegate the Secretary such powers and responsibilities as it considers to be expedient.
¨ To present to all the members an annual report on the society's activities, income and expenditure and an audited statement of accounts
¨ To operate savings, current bank accounts in the name or the Society. The account shall be jointly operated by the Secretary and the Treasurer.
¨ To commence, prosecute, defend or appear in continue, compromise, abandon, contest or submit to any Criminal, Civil, Administrative, Revenue, Municipal, Arbitration, Conciliation or other proceedings or enquiry for the furtherance of or in conjunction with any object of the society and to appoint retaining agents, attorneys advocates or solicitors thereof.
¨ The Governing Board may confer on the Secretary or any other person or persons power to do all or any of the following manners or things, that is to say, to present for registration, admit the execution of, have registered in from of law, and take back from any registration office in India any document of whatsoever nature executed by the society
¨ To regulate procedures in raising funds of the society and operation of accounts by passing specific regulations from time to time.
6. MEETINGS OF THE GOVERNING BOARD
The Governing Board shall be meeting at least four times a year, at such places and times as they may determine from time to time
v A meeting of Governing Board may at any time be called by the Secretary or the Chairman.
v The Secretary shall call a meeting of the Governing Board on the written request of at least six members of the Governing Board or when so instructed by the Chairman.
v All meetings of the Governing Board shall be presided over by the Chairman and in his absence Vice-Chairman shall preside over such meeting
v The Board shall take decision on the bases of consensus. However when such consensus is not reached, questions shall be decided by a simple majority of votes of those present. The Chairman, in case of equality of votes, shall have an additional or casting vote.
a) The quorum necessary for meeting of the Governing Board shall be 1/3rd of the Governing Board members, present in person.
b) In case of urgency when there is no time to confine the Governing Board meeting, resolution circulated by the Secretary to all members of the Governing Board and approved and signed by the majority of members, shall be valid and binding as if the resolution had been made at a meeting of the governing board, duly convened. Such resolutions shall be thereafter ratified by the Governing Board in its subsequent meeting.
7. GENERAL BODY METERING
a) The society shall in each financial year hold a General Body meeting in addition to any
other meetings in that year , and shall specify the meeting as such in the notice convening it.
Not more than 15 months shall elapse between the date of one Annual General Board meeting
of the society and that of the next. The Annual General Body meeting shall be held at such
time and place as the Governing Body shall appoint. The Annual General Body meeting shall
be convened for the following purposes.
q to receive the annual report of the Governing Board;
q to receive the accounts of the society;
q to appoint the auditors of the society;
q to elect the members of the Governing Board.
b. The secretary may, whenever he thinks fit, or on the instructions of the Chairman
or on a requisition made in writing and signed by at least five members of the society
stating the object of the meeting, shall convene a general meeting of the society.
c. the quorum of General Body meeting shall be 1/3rd of the members of the society.
d. the Chairman shall preside over all the meetings of the General Body. In his absence,
the Vice-Chairman will preside over all the meetings.
e. All questions at any General Body meeting shall be decided by a simple majority of
votes and if the votes be equal, the Chairman shall have an additional of casting vote.
8. THE CHAIRMAN & THE VICE-CHAIRMAN
The Chairman shall,
v Chair the meetings of Governing Board and General Body;
v Guide the Treasurer and Secretary in discharge of their duties;
v Play vital roles as and when needed to strengthen the image and functioning of the society.
v The Vice-Chairman shall assist to the Chairman in his all function.
v In the absence of the Chairman, the Vice-Chairman will preside over the meeting.
9. THE TREASURER
The Treasurer shall
Ø ensure that financial management and accounts of the society are properly
carried on as per the requirements of law.
Ø guide the Secretary in preparation of budgets and reports from time to
Ø present to the governing board necessary financial statements from time
Ø ensure that all banking operations are carried out as per the requirements
of law and policies of the governing board.
Ø ensure that statutory audit is conducted in time.
10. THE SECRETARY AND THE JOINT SECRETARY
v The Secretary shall be appointed by the Governing Board on such terms and conditions of his service as may be determined from time to time by the Governing Board ;
v is responsible for implementing the policies laid down by the governing board ;
v will carry out the decision of the Governing Board ;
v have the necessary powers that are essential to run the instructions, projects and programmes of the society and the day to day ;administration of the society ;
v call all meetings of the Governing Board and general body ;
v record the minutes of every meeting of the governing board and the general body. Such minutes of the proceedings of the meeting shall be signed by the Chairman of the meeting and the Secretary and when so recorded and signed, shall be regarded as evidence of the proceedings, without further proof ;
v have charges of all money belonging to the society and his receipt shall be discharge for all subscriptions and other moneys payable to the society ;
v make all financial disbursements and cause true accounts to be kept of sums of money received and spent on account of the society and shall place the annual Audit report before the Governing Body ;
v The Joint Secretary shall assist to the Secretary in his all function.
v In absence of the Secretary, the Joint Secretary will function as Secretary with the duties duly authorized by the Governing Body ;
¨ A bank account or accounts shall be opened in the name of the society and all cheques, issued thereon shall be signed by the persons duly authorized by the Governing Board.
¨ The property and income of the society shall be utilized only towards the promotion of the objects of the society as set forth in the memorandum of association.
Ø An auditor or auditors shall be appointed as per the direction of the General Body and their duties regulated in accordance with the requirements of the society as determined by the Governing Board.
Ø The financial year of the society shall be from 1st April to 31st March of each year.
Ø The accounts of the society shall be audited latest by 30th June of every year relating to the proceeding financial year
To alter, extend or abridge the memorandum of association and or the rules and regulations of the society, the Governing Board may submit the proposition to the members of the society in a written report and may convene a special General Body meeting for consideration of the same. Such General Body meeting shall be convened by giving at least fifteen days clear notice to all the members at the General Body either by under certificate of posting or by publishing the same in the local daily newspaper. The quorum of such special General Body meeting shall be not less than 50% of the members of the General Body on record. The special General Body can pass the amendment by 3/4th majority.
If upon winding up or dissolution of the society , there remains after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the society, but shall be given or transferred to some other institution or organization having objects similar to the objects of the society and which prohibit the distribution of its income and assets among its members and the said institution shall be determined by the votes of three fourth of the members of the society present personally at a general body meeting convened for this specific purpose.
15.INTERPRETATION OF RULES
In case of any conflict, the opinion given by the Governing Board shall be final.
16. LAW SUITS
The society shall or be sued in the name of the Secretary. However the Governing Body shall have the power to authorise any other office bearers of the society for the same purpose by a specific resolution.
All office bearers, employees, consultants of the society acting bonafied and in good faith for an on behalf of the society may be indemnified by the society against all losses, damages, demand and claims, out of and from the properties of the society. The Governing Board or persons authorized by the Governing Board shall however satisfy themselves that the case is in fact bonafied.
Funds, being nucleus for development, can be raised by the following means.
¨ By creation of corpus funds. Members of the public may be requested to become patrons and give such donations which shall be treated as the nucleus fund.
¨ By accepting voluntary public donation in cash or kind.
¨ Collection through Hundies.
The Society shall register itself under the Income Tax Act 1961 as a charitable organisation and receive donati9on from the general public whereof the donors will get benefit U/S 80G
§ The funds received shall be deposited in the authorized bank accounts of the society.
§ The Hundies shall be opened once a week in presence of the Treasurer and any other member or members authorized by the Governing Board.
§ All donations received shall be acknowledged by an Official receipt of the society acknowledged by the Secretary / Treasurer / any other member, so authorized by the Governing Body.
§ Suitable system shall be adapted from time to time by the governing board for proper receipt, accounting of the donations in cash and kind and only the authorized persons shall be empowered to collect funds on behalf of the society.
All the provisions of the Societies Registration Act XXI of 1860 as applicable to the State of Orissa shall apply to this society.