1. Name
The name of the Society is ALL GOA MEMON JAMAT.
2. Office / Address Of The Society
The registered office of the Association shall be situated at c/o Madgaonkar Cloth Store, #19, Municipal Market Building, Vasco – Da – Gama, Goa – 403802. Any change in address of registered office, if at all necessary, shall be decided by the Executive Committee and shall be informed to all members and the Registrar of Societies.
3. Area & Business Hours Of Our Society
The Association will operate its activities within the territory of Goa. Business hours will be from 10.00 a.m. to 6.00 p.m. on all working days except Sundays & Government holidays.
4. Aims & Objects
The aims and objects of the Association shall be:
- To promote unity, friendship and understanding among the Halai Memon Community.
- To look after the welfare of the Halai Memon Members, and help them to
improve their economical, social, physical and educational conditions.
- To accept donations, contributions, from any person, firm, association, civic bodies or Government for the betterment of the Association and for the welfare of the Halai Memon Community.
- To raise funds and to acquire, purchase, get lease and to have, hold and dispose of property movable and immovable to be used or for the advancement of the objects of the Association.
- To make contributions or donations to any society or institution or organisation promoting the furtherance of any of the objects of the Association.
- To do all other lawful things as are incidental or conducive to the attainment of any of the objects.
- To establish and / or maintain Educational Institutions, Hospitals, Housing Colonies, and Research and Development Organisations etc.
- To work for the integrated growth of soul, mind and body of the disadvantaged and the
disabled.
- To provide financial or any other assistance towards the food, shelter, clothing, medical and educational needs of the needy members and their kith and kin.
- To strive to serve the physically, mentally, socially handicapped and senior citizens by starting income generating projects and institutions like Community Guidance Centre, Family Counselling Centre, Child Guidance Clinic etc.
- To Spread out developmental activities for Nation Building and to achieve universal brotherhood.
- To co-operate with and seek co-operation from other similar institutions at National and International level to achieve the above objects.
- To print and publish books, bulletins, periodicals and souvenirs.
- To encourage handicraft and other extra-curricular activities.
- To donate to similar institutions having similar objects.
- To do any business incidental to the attainment of the objects of the
Association.
- To accept unsecured interest free loans from Halai Memon Individuals and other Memon Organisations or Societies for the improvement and betterment of our Association.
- To provide Subsidized Housing to the economically weaker Permanent Members of the Association.
5. The Mode Of Custody, The Application And Investment Of Funds & Conditions Of Such Investment
- The income and property of the Association, when so ever derived, shall be applied solely towards the promotion of the objects of the Association (as set forth in this Memorandum Of Association), and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise howsoever as Profit to the persons who at any time are, or have been members of the Association or to any of them or any person claiming through any of them.
- Provided that nothing herein contained shall prevent the payment in good faith of remuneration to any officer or servant of the Association or to any member thereof or other person, in return for any services actually rendered to the Association, and to maintain the community center and housing units of the Association and any other properties as such.
- Provided further that no member of the Executive Committee of the Association shall be appointed to any salaried office of the Association or to any office of the Association paid by fees, and that no remuneration shall be given by the Association to any members of the Executive Committee except by repayment of postal expenses, interest for money lent or rent for premises demised to the Association.
6. Activities Of The Society (Administration)
The Association shall be governed by the Executive Committee consisting of seven Office-Bearers viz. one President, two Vice-President, one Secretary, two Joint Secretary and one Treasurer and ten Members totaling Seventeen who shall be elected by the General Body as per Article 14. This Executive Committee shall meet once in a month or two months to discuss and plan the activities to promote the objects of the Society.
7. Name Of The Person Or Officer Authorised To Sue
The President and the Secretary shall be the persons Authorised to sue and be sued on behalf of the Society.
8. Name Of The Officer Who Is Empowered To Give Directions
The President and the Secretary of the Society shall be the persons who shall be empowered to give directions on behalf of the Society.
9. i)Enrollment Of Members
- Any adult person above the age of 18 years belonging to the Halai Memon Community or an adult son of a Halai Memon father and a Muslim mother hailing from other Community shall be eligible for the Membership of the Association by paying the prescribed fees and can be included as
- Permanent Member
- All Existing Members shall automatically be classified as Permanent Members but they should submit a Data Form to the Secretary.
- Any adult male above the age of 18 years belonging to Halai Memon Community being the descendant of any existing Permanent Member and residing in Goa and its suburbs shall apply for Permanent Membership by duly filling in the prescribed application form available at The
Secretary's Office, and is eligible to become a Permanent Member automatically.
- Permanent Members are eligible to take part in the meetings, have right to vote, are eligible to take up posts in the Executive Committee, those who are economically weak shall have the right to apply for allotment of Colony residences.
- Permanent Members shall have the rights to attend the General Body Meetings, shall utilize the community centre and also shall be provided permission for burying the deceased persons of their family at the Association Grave Yard.
- Patron Member
There shall be a special class of Membership namely "Patron Member". Any major benefactor belonging to the Halai Memon Community from any place can be conferred with a Patron Membership by the Executive Committee. Such Patron Member shall have no other rights in the Association. He shall be a person duly respected by all Members of the Association.
- Life Member
- Any existing member can be a life member.
- Life member will benefit all the facilities of the permanent member thought his life.
- Register Of Members
A register of members of the Association wherein the full name, address and such other required particulars of Permanent Members, Patron Members, & Life Members shall be entered together with the date on which each person was admitted as a member and the date on which he ceased to be a member if so.
- Register Of Resolutions And Amendments
A register of Resolutions and Amendments of the Association wherein the Date of Notice, Date and Place of the General Body Meeting, Old Rule and New Amended Rule - whether such amendment was passed or rejected by the General Body, and any other resolution passed by the General Body from time to time shall be recorded and maintained.
ii)Subscription & Fees
- Every Permanent Member shall pay an annual membership fee of Rs.1,000/-
- Every Patron Member shall pay an annual membership fee of Rs.50,000/- once in a life time.
- No fees is payable by the Patron Member.
- A life member can subscribe life membership by paying Rs.1,00,000/-
- Every Member shall register the Marriage Occasions with the Association after paying a fee of RS.1100/- in words (Rupees one thousand and one hundred only) and obtain the related Marriage Certificates (mandatory marriage registration certificate by the government to be produced). Marriages registered outside Goa should also be notified to the Association and Registered with a fee of RS.500/-. This fee of RS.500/- shall be collected at the time of issuing the No Objection Certificates.
- Engagements - Nil
- Birth - Nil
- Death - Nil
- Members who are occupying units of the Housing Colony of the Association shall pay a monthly Unit Fee of RS.200/- and Maintenance Fee of Rs.400/- totaling to RS.600/- and shall be increased by 10% every two years. This shall be paid in cash before 5th of every month for the previous month to the Treasurer or the Secretary and a receipt obtained. The executive committee shall maintain these Unit & Maintenance Fees as mentioned hereunder:
- Unit Fees
This amount shall be maintained in the existing "ALL GOA MEMON JAMAT” Savings Bank Account and shall be used to pay Property Tax and to meet other small expenses related to the upkeep & minor repairs of the colony. Any balance remaining in this head of account in the year end shall be carried over to the next year and shall be used only for its authorized/determined purpose.
- Maintenance Fees
This amount shall be maintained in an account namely, "ALL GOA MEMON JAMAT-COLONY MAINTENANCE" A/C. This account shall be operated by the Treasurer along with either the President or the Secretary of the Association. This amount shall be utilized towards all major maintenance, repairs & renovation of the colony buildings as decided by the Colony Committee formed by virtue of proposal clause 18(H) of the constitution of the Association. Any balance remaining in this head of account in the year end shall be carried over to the next year and shall be used only for its authorized/determined purpose.
All the above mentioned Subscription & Fees due to the Members of our Association or Residents of our Halai Memon Colony Units shall remit all the applicable payments due to the association by Cash or Cheque to the Association directly to the Secretary or Treasurer and obtain the necessary receipts. Any payments/amounts deposited directly in any of the bank accounts of the association shall be only be treated as Donation to the Association.
10.Obligations & Duties Of Members
- Every member shall pay the subscription and fees promptly.
- Every member will have to abide by the Memorandum, Rules and Regulations, and Resolutions of the Association.
- A defaulter of arrears of membership subscription or any other due for a period of six months from due date shall not be allowed to attend any meeting or cast vote or contest in the election.
- In the event of any controversies, disputes and misunderstandings arising during meetings and other affairs, the matter will be referred to an Arbitration Committee formed by the President in consultation with the Executive Committee and that the verdict of the Arbitration Committee shall be binding and final. No member or official of the Executive Committee shall be entitled to go to any court of law or to commence any proceedings in connection therewith but shall be bound by the decision of the Arbitration Committee.
- During marriage the minimum MAHER to be given to the bride will be the value of 31.00 gms of Silver. A member can exceed this sum in kind or cash provided it is given to the bride immediately at the time of the marriage.
- All marriages, engagements and other social / festive occasions pertaining to members shall be conducted with due simplicity, austerity and sincerity so as not to highlight social/economic disparities.
- The Association shall register the engagements and marriages of the members of the Halai Memon Community solemnised by a Qazi/Moulana after collecting the prescribed registration fee from the bride and the bridegroom.
- The Association shall demand from all non-resident parties clearness letters issued by their Jamaats before conducting an engagement or marriage. Similarly the Association shall issue such clearness letters to its members if required for producing the same to other Jamaats.
- The President or Vice President shall endorse the marriage certificate and issue copies to both parties.
- A member in whose family an engagement or marriage takes place out of Goa can register the same with the Association after paying the prescribed fee and submitting a copy of the certificate of the engagement or marriage.
- The Association shall refuse to register any engagement or marriage if the bridegroom does not
belong to the Halai Memon Community.
11. Obligations & Duties Of Occupants Of Housing Colony Units
- Members who are occupying unit(s) of the Housing Colony of the Association shall pay the monthly Unit Fees & Maintenance Fees / Charges and caution deposit fixed by the Executive Committee from time to time and they shall keep the unit(s) allotted to them by the Executive Committee in good condition and pay the Unit Fees & Maintenance Fees / Charges promptly within the first week of the ensuring month.
- Any occupant who does not occupy the unit(s) allotted to him for more than three months or those who have constructed or bought houses of their own or have shifted to other places shall immediately hand over the unit(s) to the Association.
- Any occupant who is economically uplifted and can afford housing outside the colony shall immediately hand over the unit(s) to the Association to fulfill the aims of the Association and to give an opportunity for some other economically weaker person to benefit from the Association.
- No occupier can let out or allow free occupation of the unit(s) allotted to or occupied by him/her to any other person or body including their relatives.
- Whenever the Executive Committee shall finds any type of unauthorized occupancy of the allotted units and/or also find any occupant/s is occupying more flat commensurate with the number of the members of the family, then due notice of 90 days will be served to the occupant/s to handover the units to the Association.
- Any occupant/s who does not adhere to the above rules and does not vacate the units and hand over the possession to the Association, then they shall be charged five times of the actual Unit Fees and Maintenance Fees per month till the unit is handed over to the Association.
- Any occupant in default of the above Unit Fees & Maintenance Fees / Charges for more than 3 months, then the names of defaulters of more than 3 months Unit Fees & Maintenance Fees / Charges shall be circulated to all the members to coax and further remind them to clear such arrears.
12. Right & Privileges Of The Members
- Every Permanent Member shall be entitled to cast one vote during elections and express his opinions at the General Body Meeting.
- Every permanent Member shall have the right to contest for anyone Post only duly proposed and seconded as per rules set in Article 15.
- Every member shall be allowed to use the Community Centre and other amenities such as furniture, utensils, public address system and other articles maintained by the Association after paying the 25% of the actual rent and charges collected from other public, which shall be fixed and finalized by the Executive Committee from time to time.
- Every Permanent member shall have the right to ask at the General Body Meeting the concerned office-bearer for details of the affairs of the Association provided he has informed the President and the Executive Committee Member of his intension to do so in writing 7 days before the General Body Meeting. Failing this, he may speak at the meeting only with the permission of the President.
- Every Permanent member may seek the help of the Association to settle any domestic and family quarrels and misunderstandings.
- Every Permanent member shall have the right to see in person any books of accounts, registers, documents and correspondence at the office of the Association after making prior appointment with the Secretary.
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- Every Permanent member shall have the right to register with the Association a marriage, birth or death in his family of paying the prescribed fees and obtain the related certificates. Such certificate shall be endorsed by the President or Vice-President and copies of the same shall be issued to the concerned parties.
- Any Permanent member in whose family an engagement or marriage takes place out of Goa shall register the same with the Association after paying the prescribed fees after submitting the copy of the certificate of engagement or marriage, and shall get such clearance letters from the Association if required for producing the same to other Jamats.
- No Permanent member can be expelled from this Association unless his activities are found to be prejudicial to the interest of the Association or for any other serious reason and such removal is accepted by a 51 % majority of the total membership after giving due opportunity to the aggrieved member to explain in person before the General Body.
- If any member does not honor the verdict of the Arbitration Committee or for any other serious reason, the following action can be taken against him for a period of two years after giving him due opportunity to explain his case in the General Body Meeting:
- Shall not be allowed to attend any meeting.
- Disqualification to vote or contest in general election.
- Disqualification to appointments in Advisory Committees.
- Denial of all kinds of aid and assistance.
- Eviction from Housing Colony unit within 2 months.
- If holding and post, he shall be relinquished of such post.
The General Body can condone the punishment in part or full on a written apology.
- Any Permanent Member who is occupying Housing Colony Unit will be evicted from the Housing Colony Unit and denied all kind of aid and assistance if his or his family members activities are found to be immoral or involved in any activity or activities which tarnish the interest and image of our Association. Appropriate legal actions will be initiated against them.
- Maintenance Fee Defaulters, Non Occupants and other Miscreants shall be dealt with strictly. The decision of the Executive Committee shall be final after giving due opportunity for explanation and arbitration.
13. Cessation Of Membership
The membership of the Association shall terminate on
- Resignation in writing after payment of all dues payable to the Association.
- Default in payment of annual membership subscription and other arrears for six months from the due date.
- Migration from Goa for good.
- Default in payment of Maintenance fee: Strict action will be taken on defaulters for more than 3 months. Legal steps shall be initiated and even membership to the Association will be suspended/cancelled at the discretion of the Executive Committee.
14. Meetings
All meetings shall be conducted according to accepted Parliamentary Procedures and the ruling of the President shall normally be accepted. However, if a member disagrees, he may appeal for a vote on the decision. A simple majority shall then decide the issue. All General Body Meetings shall be convened by the President or Secretary & shall be presided by the President.
- Annual General Body Meeting
An Annual General Body Meeting of the members of the Association shall be convened by the President or Secretary every year during the month of April or May. The Executive Committee-shall determine the date, time and place of such meeting. The following business will be transacted at the Annual General Body Meeting. Agenda No. iii and iv will be transacted appropriately every alternate year
- To submit the Annual Report
- To present the Statement of Accounts.
- To install office-bearers and members of the Executive Committee for the ensuring term.
- To appoint Advisory-Committees for various activities of the Association as per Article 18 for the ensuring term.
- To appoint Auditors.
- Any other business with the permission of the President
- Extra Ordinary General Body Meeting (EGM)
The Executive Committee may also convene an Extra-Ordinary General Body Meeting of the Association by specifying in the notice of such meeting the objects for which the meeting is called for and the proceedings of the meeting must be strictly confined to the objects only. An EGM can also be called by the Secretary at the request of atleast a minimum of 1/3rd of the members representation in writing along with the details of resolution/s sought to be placed before the General Body. Such an EGM shall be held within 30 days from the date of receipt of such representation.
- General Body Meetings
General Body Meetings of the members of the Association shall be held whenever the Executive Committee feels necessary.
- Notice
A notice of 21 days should be given for all the General Body Meetings and for Elections to the members in writing to their last intimated address. In case of unfinished business due to lack of quorum, time or any other reason, the date and time of next meeting will be announced in the meeting itself before adjournment which will not exceed ten days from adjournment and no
further written notice need be given to the members. Accidental omission or non receipt of the notice by any member shall not invalidate the proceedings of the meetings.
- Quorum
- The quorum for all General Body Meetings shall be 30 members present in person.
- The quorum for all Executive Committee Meetings shall be 7 members present.
- The quorum for all Advisory-Committee Meetings shall be 50% of the number of members or two persons whichever is higher.
- If a meeting is adjourned for want of quorum, the same be held half an hour later on the same day and the business on the agenda shall then be transacted whether there is quorum or not.
15. Elections
- The election for one President, two Vice-President, one Gen. Secretary, two Joint Secretary, one Treasurer and ten members of the Executive Committee shall take place at the Annual General Body Meeting once in every two years.
- The Executive Committee shall send Nomination Forms to the members along with the notice of the Election informing the date and place of filling the nomination form. If for any reason a member has not received the nomination form. He shall himself get the same from the secretary. Non receipt of the nomination form shall not be the basis for complaint or dispute.
- The nomination form shall contain the date and- place of election, the place of filing, the period of filing, the period of withdrawal, candidate's name, age and signature, post contested, name and signature of the proposer along with the name and signature of the seconder. It shall also contain article 15 rule G i, ii & vii. A receipt for the filing of the nomination form shall be given to the candidate.
- Nomination form shall be filed for one post only. Once filed, the post contested cannot be changed. After the expiry of the filing period a time of two days shall be allowed for withdrawal.
- A list of candidates shall be displayed at the place of filing.
- The Executive Committee shall appoint the Election Commission from among the non-contesting members, consisting of a Chairman and three members after the expiry of the filing date. More members can be co-opted in case of necessity by the Chairman. The Chairman and members of the Election Commission are not eligible to contest but at a time when
elections is not conductable and appointments are made by consensus they can be included in the Executive Committee.
- The Election Committee shall scrutinise all nomination forms and Conduct the election as per the following guide-lines.
- Any Candidates should have completed the age of twenty one Years.
- A Candidate for the post of President or Vice President should have served one full term as an Executive Member of the Association. They should be above the age of 30 years at the time of filing nomination. All the Office Bearers, Viz. President, Vice President, Secretary, Joint Secretary and Treasurer should have served one full term in the Executive Committee and also not be the beneficiary of any kind of aid and financial assistance or an allottee of the any Housing Projects of the Association. No Office Bearers and also Executive Committee member can contest the same post for more than 2 terms continuously.
- All the required particulars furnished in the Nomination Form should be completed. Incomplete Nomination Form will be invalidated.
- Unopposed candidates at the expiry of the filing date shall also have the right to withdraw before the expiry of withdrawal date.
- The Election Commission shall invite nominations on the floor of the Annual General Body Meeting for all the vacant posts. The Election commission shall make appointments by consensus if no one is prepared to contest. Under such conditions, the above clause g) (ii) will not be applicable. During such Nominations from the floor, even the immediate past office bearers can be invited and appointed for such respective vacant posts.
- Voting will be by secret ballot.
- A ballot paper for the election of Committee Members will be
Invalidated if votes cast therein are less or more than the requisite number of candidates. Each member shall cast vote for the required six candidates in total.
- The Election Commission shall take decision by draw of lots in case of tie.
- The decision of the Election Commission shall be binding on all members.
- The Chairman of the Election Commission shall install the President, Office-bearers and Members of the Executive Committee for the ensuring term at the Annual General Body Meeting.
- The old Executive Committee will continue till the New Committee is installed.
16. Right, Duties & Responsibilities Of The Office Bearers
- President
- Shall be the Chief Executive and constitutional head of the Association.
- Shall preside over all the General Body and Executive Committee Meetings.
- Shall see that all decisions of the Executive Committee and General Body are implemented.
- Shall conduct all meetings as per the agenda and adhere to strict Parliamentary Procedures in allowing the members their right to speak and express their views during any meeting.
- Shall head any delegation or deputation of the Association at all times or can delegate such duties to some other members also.
- Shall have the Right of Ruling at all meetings.
- Shall have the right to call for Executive Committee or General Body Meetings.
- Shall have the casting vote in case of a tie.
- Shall have the right to invite upto 5 persons as observers or advisers at any Executive Committee Meetings keeping in mind the goodwill and the better interest and prestige of the Association.
- Shall sign all cheques along with the Treasurer.
- Vice-President:
- Shall help and co-ordinate with the President in all the works of the Association.
- Shall preside over all meetings in the absence of the President or when asked to do so by the President.
- Shall be acting President in case of vacancy caused in the office of the President for a maximum period of 45 days and call for the General Body Meeting to fill in the President Post either by Consensus or call for Elections and send Nomination form as per the Article 17 after due discussions at the Executive Committee Meeting.
- Secretary
- Shall endorse all cash receipts along with the Treasurer.
- Shall not keep with him a sum more than RS.25001/- for incidental and sundry expenses of the Association and submit memo of account to the Treasurer periodically.
- Shall direct the Treasurer by endorsements to pay rents, salaries and all other expenses on behalf of the Association.
- Shall sign all cheques along with the Treasurer.
- Shall manage the affairs of the community centre, the cemetery, housing colonies and the library.
- Shall let out on rent the community centre, furnitures, utensils and equipments maintained by the Association.
- Shall bring current and important files to the Executive Committee and General Body Meetings.
- Shall keep proper inventory of furniture, equipment and all articles owned by the Association.
- Shall correspond on behalf of the Association.
- Shall receive all appeals and letters from members and present the same to the Executive Committee for action and implement the same as directed by the Executive Committee.
- Shall issue notices for meetings and circulars as per the instructions of the President. In case of emergency get opinion of the Executive Committee Members by circulating resolutions.
- Shall maintain minutes of all the General Body and Executive Committee Meetings, register and resolutions book.
- Shall prepare the Annual Report and present the same in the Annual General Body Meeting.
- Shall maintain and manage the affairs of the burial ground (cemetry).
- Shall be responsible for preparing and filing with the concerned Registrar of Societies such records, annual or other statements which are specified in the Act and Rules and pay the prescribed fees every year.
- Joint Secretary
- Shall assist the Secretary in all the affairs of the Association assigned to him by the Secretary and the President.
- Treasurer
- Shall be incharge and responsible for the property and assets of the Association.
- Shall protect all cash and belongings of the Association. And under no circumstances shall use the cash and property of the Association for his own or anybody's use.
- Shall collect all fees and subscription, gifts, donations and rents and issue receipts for the same along with the Secretary.
- Shall deposit all moneys in such Bank as approved by the Executive Committee.
- Shall pay rents, salaries and all other expenses on behalf of the Association as directed and endorsed by the Secretary.
- Maintain accounts and present the annual audited statements of accounts at the Annual General Body Meeting. In case the accounts are not audited in time before the Annual General Body Meeting, he shall get the same audited thereafter within 45 days and present the same to the General Body.
- Present statement of accounts in every periodic meeting of the Executive Committee.
- He shall not exceed any expenditure approved in the budget unless the Executive Committee resolves to place supplementary budget in the General Body Meeting for approval within two months.
- Operate bank accounts with the signature of either the President or the Secretary.
17. Rights & Duties Of The Executive Committee
- The Secretary shall transact the day-to-day business of the Association, shall incur the budgetted expenditure and shall appoint necessary staffs in consultation with the Executive Committee.
- The Executive Committee shall work in accordance with the Aims and Objects of the Association. The Executive Committee shall decide upon any scheduled bank to be the bankers of the Association from time to time. The Executive Committee shall have the right to start, collect and close any funds on behalf of the Association. It shall spend during the year such amounts as
budgetted and passed by the General Body. The Executive Committee will have to get the sanction of the General Body for supplementary budget during the year. It shall appoint Advisory-Committees for celebrating and conducting festivals and various other activities as and when needed and shall control and supervise the same.
- The Executive Committee shall have power to decide the manner in which the funds of the Association shall be spent subject to the objects of the Memorandum of Association. The Executive Committee elected shall continue in office until the next committee members are elected and installed in the Annual General Body Meeting. The Executive Committee consists of President, two Vice-President, Secretary, two Joint Secretary, Treasurer and ten Members. All the decisions of the Executive Committee will be binding and final.
- The Executive Committee shall have powers to fix the rent, to let on hire the community center, chairs and furniture, public address system, utensils and crockeries etc. for marriages, meetings, feasts and other ceremonies to the general public on a daily rent basis. The Executive Committee shall have the right to let the community center with chairs and other equipments free of charge for important public and charitable functions subject to a maximum time of 8 hours.
- The Executive Committee only shall have the right to allot or reject the application for the units of the Housing Colonies of our Association.
- The Executive Committee will acknowledge any letters of suggestion, enquiry, complaints etc. within 15 days of receipt. The Executive Committee shall meet whenever necessary. There will not be a gap of more than sixty days between two meetings.
- The Executive Committee shall present every year within 2 months of taking charge, the Budget for approval to the General Body.
- During the marriages in member's family the Executive Committee shall demand from all non-resident parties clearance letters issued by their Jamats before registering an engagement or marriage. The Executive Committee shall refuse to register any engagement or marriage in members' family if the bridegroom does not belong to the Halai Memon Community.
18. Advisory - Committees
The President shall appoint all or any of the following Advisory Committee/s in the Annual General Body Meeting or in the Executive Committee Meeting. The Advisory-committee will meet whenever necessary and maintain records of the proceedings.
- Merchant Committee
The Merchant Committee shall comprise of six members inclusive of the Vice President who will be the Chairman. It shall conduct meetings amongst trader members of the Association and also
negotiate rates in a cooperative manner with transporter and other trade bodies, etc. for the overall development of the Memon trading Community. They shall also conduct workshops with Auditors, Vat Consultants, Tax Consultants and other such eminent persons to educate the Merchants in all aspects of business.
- Education Committee
The Education Committee will comprise of the Secretary and four members. The Education Committee will scrutinise and process all applications for scholarships from deserving students. It may also give awards to the best students. It shall conduct moral instructions courses during vacations and other convenient times for the benefit of the children, adults and members.
- Medical Aid Committee
The Medical Aid Committee will comprise of the Secretary and four members. The Medical Aid Committee can issue 'Medicare' cards for free treatment of poor public and Halai Memons at hospitals approved by the Executive Committee and also may provide free medicines, in consultation with the Executive Committee.
- Housing Colony Committee
The Housing Colony Committee will comprise of the President as Chairman and six members. The Housing Colony Committee Nill manage the affairs of existing and new housing projects of the Association, as per decisions and resolutions of the General Body.
- Community Centre Committee
The Community Centre Committee will comprise of six members inclusive of the President who will be the Chairman. It will look after the following matters:
- Maintenance and Repairs
- Renovations and Construction
- Cleanliness etc.
It will look into the day to day affairs pertaining to the booking of the Community Centre and they shall work towards increasing the bookings & income from this to the association.
- Youth Committee
The Youth Committee will comprise of six members inclusive of the Secretary. It shall conduct
Debates, Social activities, Medical camps, Celebrations of any important Public Festivals or any other activities which it feels necessary for the betterment and improvement of the youngsters in the Community and in consultation with the Executive Committee.
- Kabrastan Committee
The Karbrastan Committee shall comprise of six members inclusive of the Joint Secretary. It shall be responsible for the maintenance and upkeep of the Kabrastan (Graveyard) belonging to the Association.
- Colony Maintenance Committee
Colony Maintenance Committee shall comprise of six members appointed by the Executive Committee. Members will be selected as follows:
Two From Executive Committee Members
Two From Association Members
Two From occupants of the colony building. These members will be decided by the Executive Committee.
Apart from this President, Secretary and Treasurer of the Executive Committee of the Association shall be the Ex Officio Members.
This committee will meet once in two months or whenever necessary. This committee will look after the maintenance, repairs, renovations and cleanliness of the colony buildings. The Committee shall maintain records of the proceedings of its meetings.
- Building Committee
Building Committee shall comprise of Four Members selected among Executive Committee Members and two from other members who may be specialized in activities connected with construction of buildings.
Apart from this President, Secretary and Treasurer of the Executive Committee of the Association shall be the Ex Officio Members.
The Committee will meet once in two months or whenever necessary.
This committee will look after the planning, executing and construction of New Buildings. This Committee will overall supervise the construction work and report to the Executive Committee. This committee shall also find ways and means to raise funds towards the construction of the
building.
The Committee shall maintain records of the proceedings of its meetings.
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Ladies Committee
The Ladies Committee will comprise of six members inclusive of Secretary. It will conduct all the activities which it feels necessary for the betterment and improvement of the young’s ladies in the Community and in consultation with the Executive Committee.
- Sports Committee
The Sports Committee will comprise of Secretary and four(or more if needed) members. This Committee will conduct all the activities that are of interest and encouragement in the community.
- Jakat Committee
The Jakat Committee will comprise of President, Secretary and other four members. This committee will collect Jakat from all members of All Goa Memon Jamat, and deposit the amount collected in bank account maintained in the name of ‘All GOA MEMON JAMAT-JAKAT A/C’.
19. Attendance
- Every member shall attend all the General Body Meetings of the Association.
- Every member of the Executive Committee must attend all the General Body and Executive Committee Meetings. They should send a leave of absence to the Secretary at least a day before the date of the meeting if unable to attend.
- In case of Executive Committee Meetings, any member or office bearer remaining absent for three consecutive meetings without valid reasons would be deemed to have voluntarily relinquished his post from the Executive Committee and in his place a new member will be elected by the Executive Committee as per article 25 within 30 days of such vacancy.
20. Purchase And Sale Of Immovable Assets
- Sale Of Immovable Assets
Any sale of immovable assets for the betterment and improvement of the Association can be made with the consent of 51% of the total permanent Membership by way of Secret Ballot at a General Body Meeting or as specified below provided the Executive Committee has reviewed
the same at its meeting.
A resolution to this effect should be drafted by the EC and such Resolution shall be circulated to all the Permanent Members atleast 21 days before such General Body Meeting.
The Secret Ballot will be held after a short explanation to the members about the proposals.
If for any reason the number of votes polled less than 51 % or there is no proper attendance for the General Body Meeting, then notice of a new secret ballot would be issued within the next 21 days and there shall be two or three voting centers to cast the votes in sealed boxes. Every Permanent Member should duly identify himself and give due acknowledgement before collecting the Ballot Paper.
The verdict of this exercise shall be circulated to the members.
- Purchase Of Immovable Assets
Any proposal for the Purchase of Immovable Assets for the betterment of the Association shall be approved 51 % of the Permanent Members present at a General Body Meeting convened for the purpose, provided the Executive Committee has reviewed the same at its meeting. Notice for such General Body Meeting shall be sent to all the members atleast- 14 days in advance along with the proposal.
21. Vesting Of Property
All the properties of the Association both movables and immovables acquired or in possession of the Association in whatever manner shall vest jointly in the names of President and Secretary and Treasurer of the Association for the time being and all transaction and documents relating to or affecting the property of the Association shall be executed jointly by the President, Secretary and Treasurer for the time being for and on behalf of the Association with the approval of the General Body. The Executive Committee will not mortgage any immovable and movable properties of the Association under any circumstances.
22. Indemnity
Every member, officer-bearer and every employee of the Association shall be indemnified out of the Association's funds for all acts and deeds done in good faith against all loses and expenses incurred in the proper conduct of the Association.
23. Casual Vacancy
In case any casual vacancy arises in the Executive Committee for any post other than that of the
President at any time on account of resignation, death or any other reason, the same shall be filled in by the Executive Committee at its meeting which should be held within 30 days. The Executive Committee shall not fill more than 3 (three) such casual vacancies in a term. The Casual Vacancy for the post of President or for more than three such casual vacancies in a term in the Executive Committee shall be filled in by the General Body either by consensus or The Executive Committee shall send Nomination forms with all the details pertaining for the elections as per the Articles 14, provided the Executive Committee has reviewed the same at its meeting.
24. No Confidence Motion
Any or all members of the Executive Committee can be removed from office through a No Confidence Motion by a 51 % majority of the total membership of the Association in a specially convened Extra-Ordinary General Body Meeting as per Article 16 B.
25. Arbitration Committee
The Arbitration Committee shall be formed by the President in consultation with the Executive Committee as and when required for every dispute and such committee would automatically dissolve after the verdict is delivered by its Chairman. This committee shall comprise of not more than seven members. Such members shall select their Chairman as and when the said Committee is formed. The Chairman shall have a casting vote only in case of tie.
26. Special Resolutions
Special Resolutions will be carried out by the 3/4th majority of members present, and will be recorded in the books of “Resolutions and Amendments”
27. Official Year And Audit As Required Under Sec 16 Of The Act
The Official Year of the Association shall be a period of twelve months ending with 31st March every year. The accounts of the Association shall be duly audited by a Chartered Accountant appointed for the purpose. The audited accounts shall be placed at the Annual General Body Meeting or thereafter within 45 days.
28. Winding Up / Dissolution
Upon winding up or dissolution of the Association any surplus funds and assets remaining after meeting all obligations and charges of the Association shall be transferred to one or more Halai Memon Associations having objects similar to this Association registered under Societies Registration Act, 1860, either in full or in part by the General Body. Any property or money of the Association shall not be distributed among the members.
29. Amendments
No amendments to the Memorandum of the Association/Rules and Regulations will be made, which may prove to be repugnant to the provisions of Section 2(15), 11, 12 & 13 and 80G of the Income Tax Act 1961, as amended from time to time. Further no amendment will be carried out without the orio approval of the commission of income Tax. The bye laws of the Association shall be repealed, altered or rescinded by 3/4th majority of the members present at the Annual General Body Meeting and in confirmatory of Society Registration Act, 1960.
30. Investment Clause
The funds of the Association shall be invested in the modes specified under the provisions of Section 13(1)(d) read with Section 11(15) of the I.T. Act, 1961 as amended from time to time.
31. Accounts Clause
The funds of the Association shall be invested in the modes specified under the provisions of Section 13(1)(d) read with Section 11(15) of the I.T. Act, 1961 as amended from time to time.
32. Utilization Of Funds
The benefits of the Association shall be open to all irrespective of caste creed or religion. The funds and the income of the Association shall be solely utilized for the achievement of its objects and no portion of it shall be utilized for payment to members by way of profit, interest, dividends etc.