Constitution

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0 height="100%"><tr> <td valign="top" height=150 BGCOLOR="#006699" TEXT="#080000"> <div> <FONT SIZE="6" COLOR="#FFFFFF" FACE="Arial" ><B>T.I.S.I. (NZ) Sangam</B></FONT><FONT SIZE="1" COLOR="#FFFFCC" FACE="Arial" ><B>     |  </B></FONT><FONT SIZE="4" COLOR="#FFFFCC" FACE="Arial" ><B>  </B></FONT><A HREF="index.htm" TARGET="_top" TITLE="T.I.S.I. (NZ) Sangam"><U><B>Home Page</B></U></A><B>  </B><A HREF="id4.htm" TARGET="_top" TITLE="Documents Newsletters"><U><B>Back to Documents & Newsletters</B></U></A></div> <bR> <div> <A HREF="id16.htm" TARGET="_top" TITLE="Maathar Sangam"><U>Maathar Sangam</U></A><B>   |   </B><A HREF="id33.htm" TARGET="_top" TITLE="T.I.V. Sangam"><U>T.I.V. 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Society / Association is <B>"THEN INDIA SANMARGA IKYA (NZ) SANGAM".</B></div> <bR> <div> <B>2.     REGISTERED OFFICE :</B></div> <div>      The registered office of the Association will be at 61 Tiraumea Drive, Pakuranga, Auckland, New Zealand or at such other place as</div> <div>      the Council of Management may decide from<I> </I>time to time.  Provided the notice of such change of the office shall he given to the </div> <div>      Registrar of Incorporated Societies.</div> <bR> <div> <B>3.     OBJECTS :</B></div> <div>      The objects of the Association are:</div> <div> 3.1     To obtain and retain<I> </I>affiliation and work in co-operation with the "Then India Sanmarga Ikya Sangam of Fiji".</div> <div> 3.2     To impart and promote the study of Science, Art and Industry.</div> <div> 3.3     To establish, maintain, assist and carry on Schools, Colleges, Libraries, Orphanages, Workshops, Laboratories, Dispensaries, Hospitals, Nursing Homes, Houses for Infants, the Invalid and the Afflicted, Boarding Houses, Hostels and other educational and charitable works and institutions of like nature.</div> <div> 3.4     To train teachers in all branches of the above-mentioned knowledge and to enable them to teach the masses.</div> <div> 3.5     To carry on educational work among the masses.</div> <div> 3.6     To erect, build, manage, carry on and maintain temples, rest-homes and monasteries.</div> <div> 3.7     To print, publish and sell or distribute gratuitously or otherwise books, pamphlets, journals and periodicals that the Association may think desirable for its objects.</div> <div> 3.8     To impart and promote the study of Hinduism and its scriptures and to promote the study of comparative Theology in its widest form and to assist and bring about the harmony of all religious.</div> <div> 3.9     To carry on any other work which the Association may seem capable of carrying on in connection with and calculated directly or indirectly to promote any of the above mentioned objects.</div> <div> 3.10     To purchase, take on lease, exchange, hire or otherwise acquire property or properties, movable or immovable, and any rights or privileges which may be deemed necessary or convenient for the purpose of the Association, and to improve, manage, develop, sell, lease, mortgage, dispose of, turn into account or otherwise deal with all or part of the property or properties of the Association.</div> <div> 3.11     To accept gift or gifts or property or properties, whether subject to or not to any special trusts or conditions, in favour of or furtherance of any objects of the Association.</div> <div> 3.12     To construct, maintain or alter any house, building or work necessary or convenient for the purpose of the Association.</div> <div> 3.13     To take such steps by personal or written appeals, public meetings or otherwise as may from time to time be deemed expedient, for the purpose of procuring contributions to the funds of the Association in the shape of donations, subscriptions or otherwise.</div> <div> 3.14     For the purpose of the Association to borrow and raise money in such manner as the Association thinks fit.</div> <div> 3.15     To invest the moneys of the Association not immediately required upon such securities and in such manner as may from time to time be determined.</div> <div> 3.16     To undertake and execute any trust or any agency business which may seem directly or indirectly conducive to any of the objects of the Association either gratuitously or otherwise.</div> <div> 3.17     To undertake and enter into a business venture or ventures either on its own or in partnership with any other party or parties or company or companies and to use the income therefrom to promote the objects of the Association.</div> <div> 3.18     For the purpose of the Association to make, endorse, accept and execute promissory notes, bills of exchange and other negotiable instruments.</div> <div> 3.19     To incorporate any institutions, societies or associations having objects wholly or in part similar to any of those of the Association, and co-operate with any person or persons in aid of such objects.</div> <div> 3.20     To do all or any of the above things either as principals, trustees or otherwise and by or through trustees, agents or other wise and whether alone or in conjunction with others.</div> <div> 3.21.     To do all such things as incidental or conducive to the attainment of the above objects or any of them.</div> <bR> <div> <B>4.     INCOME AND PROPERTY :</B></div> <div> 4.1     The income and property of the Association whatsoever derived, shall be applied solely towards the promotion of the objects of the Association; and no portion there of shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit to the members of the Association.</div> <div> Provided that nothing herein shall prevent the payment in good faith or remuneration to any employees of the Association or to any member of the Association or any person in return for the service actually rendered to the Association.</div> <bR> <div> 4.1<B>     NO PAYMENT TO COUNCIL MEMBERS :</B></div> <div> Provided<B> </B>Further that no members of the Council of Management or Governing Body of the Association shall be appointed to any salaried office of the Association paid by fees, and that no remuneration shall be given by the Association to any member of such Council or Governing Body except payment of out-of-pocket expenses and interest on money lent, or rent for premises dermised to the Association.</div> <bR> <div> <B>5.     LIABILITY OF MEMBERS :</B></div> <div>      Membership of the Association shall not confer on any member any estate or personal interest or share in the funds and property  </div> <div>      of the Association nor be personally liable for any liabilities of the Association.</div> <bR> <div> <B>6.     UNDERTAKING OF MEMBERS :</B></div> <div> Each member of the Association undertakes to contribute to the assets of the Association, in the event of the same being wound up during the time that he is a member or within one year afterwards, for payment of the debts and liabilities of the Association contracted before the time at which he ceased to be a member and all the costs, charges and expenses of winding up the same and for the adjustment of the contributors among themselves, such amount as may be required not exceeding $200.00.</div> <bR> <div> <B>7.     WINDING UP :</B></div> <div> If upon the winding up or dissolution of the Association 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 Association, but if and so far as effect can be given to the next provision, shall be given or transferred to some other institution or institutions having objects similar to the objects of the Association to be determined by the members of the Association at or before the time of the dissolution, and in default thereof by such judge of the Supreme Court of Justice as may have or acquire jurisdiction in the matter.</div> <bR> <div> <B>8.     ACCOUNTS :</B></div> <div> 8.1     True accounts shall be kept of the sums of money received and expended by the Association, and the matter in respect of which such receipt and expenditure takes place, and of the property, credits and liabilities of the Association and subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed in accordance with the regulation for the time being of the Associations, shall be open to the inspection of the member.</div> <bR> <div> 8.1     <B>EXAMINATION OF ACCOUNT :</B></div> <div> Once at least in every year the accounts of the Association shall be examined and the correctness of the balance sheet ascertained by one or more properly qualified auditor or auditors.</div> <bR> <div> <B>9.     RESERVE FUNDS :</B></div> <div> Any fund that has been collected, donated or accrued for any specific purpose shall be reserved, earmarked and used for that purpose only.</div> <bR> <div> <B>10.     LOANS :</B></div> <div> Provided, however, that under extraordinary circumstances the Council of Management may grant loans from one specific fund to another, having due regard for its regular repayment.</div> <bR> <bR> <div> <B><U>RULES</U></B></div> <bR> <div> <B>1.     CITATION :-</B></div> <div> These By-Laws may<I> </I>be cited as the By-Laws of <B>"THEN INDIA SANMARGA IKYA (NZ) SANGAM".</B></div> <bR> <div> <B>INTERPRETATION :-</B></div> <div> In these Rules and By-Laws of the Association :-</div> <div> "SOCIETY / ASSOCIATION" means Then India Sanmarga Ikya (NZ) Sangam.</div> <div> "SANGAM" means Society or Association</div> <div> "COUNCIL" means the Council of Management or the Management Committee</div> <div> "SOUTH INDIAN EXTRACTION" means a South Indian either on paternal or maternal side</div> <div> "SUBSCRIBED MEMBER" means a member who is a financial member currently entered on the Membership Register kept by the Association</div> <div> "HEAD-OFFICE" means the registered office of the Association</div> <div> "WIFE OF A MEMBER" means a lawful wife of a qualified and registered member.</div> <div> "HUSBAND OF A MEMBER" means a lawful husband of a qualified and registered member</div> <div> "MAATHAR SANGAM" means a women sector or branch of the Association</div> <div> "VALIBAR SANGAM" means the young boys/men sector or branch of the Association.</div> <div> "ACT" means "The Incorporated Societies Act, 1903<I>".</I></div> <bR> <div> <B>3.     NUMBER OF MEMBERS :-</B></div> <div> The number of members of the Association is declared to be unlimited.</div> <bR> <div> <B>4.     AGE AND ELIGIBILITY OF MEMBERS :-</B></div> <div> All persons of the age of eighteen (18) years and above of South Indian extraction who subscribe to all the objects of the Association and sign the declaration form annexed to the application for membership prescribed from time to time by the Council shall be eligible for membership of the Association upon approval of the application by the Council.  Provided that the wife or husband of any member not of South Indian Extraction may be eligible for membership upon approval of his or her application for membership by the Council and that the Council may in its absolute discretion approve a number of HONORARY MEMBERS' upon application on the forms prescribed by the Council irrespective of the required criteria subject to such members having no right of vote.</div> <bR> <div> <B>5.     SUBSCRIPTION :-</B></div> <div> The rate of subscription payable by the members shall be as follows:</div> <div> 5.1     For an Ordinary Member an annual sum of $25.00 (TWENTY-FIVE DOLLARS).</div> <div> 5.2.    For a Life Member the sum of $100.00 (ONE HUNDRED DOLLARS).</div> <bR> <div> <B>6.     APPROVAL OF MEMBERSHIP :-</B></div> <div> The Council may in its absolute discretion refuse any application for membership.</div> <bR> <div> <B>MEMBERSHIP REGISTER :-</B></div> <div> Upon a person becoming a member and paying the requisite subscription, his name shall be entered on the membership register kept at the Association's Head Office and such entry in the register shall be conclusive evidence of membership.</div> <bR> <div> <B>DISCIPLINARY ACTION :</B></div> <div> ANY member whose conduct is found to be detrimental to the interests of the Association may after proper investigation be liable to disciplinary action wherein the member may be :</div> <div> 8.1     Suspended or removed from the membership register or</div> <div> 8.2     Disciplined at the absolute discretion of the Council</div> <div> <B>PROVIDED :</B></div> <div> 8.2.1     That, a meeting of the Council such action is approved by two thirds of the Council at the meeting and the quorum at such a Council Meeting shall not be less than seven members.</div> <div> 8.2.2     Any member facing disciplinary action shall immediately be suspended from the Association until the matter has been disposed of.</div> <bR> <div> <B>9.     GENERAL MEETINGS :-</B></div> <div> There shall be an Annual General Meeting of the Association held once in every year, at such place and time as the President in consultation with the Council shall decide.</div> <bR> <div> <B>10.     EXTRA-ORDINARY GENERAL MEETINGS :-</B></div> <div> Extra-Ordinary General Meetings of the Association may be convened either by the President or by a requisition signed by not less than twenty-five members of the Association.  The time and place of such Extra-Ordinary meetings shall be determined by the President. Provided such meeting shall only be convened in the event of there being in absolute discretion of the President genuine special business required to be dealt in such meeting.</div> <bR> <div> <B>11.     RIGHT OF VOTE :-</B></div> <div> Each subscribed member shall have a single vote in all meetings of the Association except the President who shall have a casting vote in case of a tie.</div> <bR> <div> <B>12.     CHAIRPERSON :-</B></div> <div> The President of the Association, and in his absence a Vice-President, shall preside as Chairman at every General Meeting of the Association.  In the absence of both, the members present shall elect any member present to be the Chairperson.</div> <bR> <div> <B>13.     MEETING NOTICE & QUORUM :-</B></div> <div> Twenty-one day's notice shall be given of any such meeting and one third of the registered members shall constitute a quorum thereat.</div> <bR> <div> <B>14.     ADJOURNMENT OF MEETING :-</B></div> <div> The Chairperson may, with the consent of the meeting, adjourn the meeting, from place to place.</div> <bR> <div> <B>15.     NOTICE OF MOTION :-</B></div> <div> At least fourteen days notice in writing shall be given to the Secretary General of any motion or resolution to be presented or discussed at an Annual General Meeting or Extra-Ordinary General Meeting</div> <bR> <div> <B>16.     POLL :-</B></div> <div> At any General Meeting, unless a poll is demanded by at least three members, a declaration by the Chairperson that a resolution has been carried and an entry made to that effect in the book of proceedings by the Association shall be conclusive evidence of the fact, without proof of the number or proportion of the votes recorded in favour of or against the resolution.  If a poll is demanded it shall be taken in such a manner as the Chairperson directs, and the results of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.</div> <bR> <div> <B>17.     COUNCIL OF MANAGEMENT :-</B></div> <div> The Council of Management shall be constituted of office bearers and members hereafter mentioned :</div> <div> 17.1     <B>OFFICE BEARERS</B></div> <div> The office bearers shall consists of a National President, not more than 7 (seven) Vice-Presidents, a General Manager, a Secretary General, a General Secretary - Administration, a General Secretary - Operation, a General Treasurer and a Legal Adviser.</div> <div> 17.2     The Vice-Presidents shall be elected as follows:</div> <div> (i)     Five (5) Vice-Presidents shall be elected taking into consideration density of members or branches as may be decided by the Council from time to time.</div> <div> (ii)     Two (2) other Vice-Presidents shall be the National Presidents of VALIBAR SANGAM and MAATHAR SANGAM.</div> <div> 17.3     <B>MEMBERS OF COUNCIL</B></div> <div> The members of the Council shall consist of</div> <div> (ii)     Three delegates from each District Branch elected by the Council after consultation with the respective Branch.</div> <div> (iii)     The immediate past National President of the Association.</div> <div> (iii)     The Chairman of each Board or Committee constituted under this Articles or Rules.</div> <div> 17.4     <B>ELECTION OF OFFICE BEARERS</B></div> <div> The office-bearers shall be elected at the Annual General Meeting or an extra-ordinary Meeting of the Association convened for the he purpose.</div> <div> 17.5<B>     NOMINATIONS</B></div> <div> The procedures for nomination of candidates for Office Bearers and election shall be as follows.</div> <div> 17.5.1     All nominations shall be in writing on the prescribed forms.</div> <div> 17.5.2     The nominations shall be deemed to be declared open on the issue of the notice convening the Annual General Meeting or an Extra-ordinary General Meeting and closing with the secretary General Seven (7) days prior to the date of such meeting.</div> <div> 17.5.3     Every candidate shall be nominated by a subscribed member and seconded by another subscribed member. The candidate must consent to the nomination.</div> <div> 17.5.4     If there are insufficient nominations for any office, verbal nominations shall be      permitted at the Annual General Meeting or </div> <div>               Extra-ordinary General Meeting.  Such verbal nomination shall be consented to by verbally or in writing.</div> <div> 17.5.5 If only one candidate is nominated for an office, he or she shall be declared elected.</div> <div> 17.5.6 If there is more than one nomination for any office, the election shall be held by secret </div> <div> ballot unless the Chairman with the consent of the Meeting shall otherwise decide. Scrutinisers shall be appointed by the Chairman for the purpose.</div> <div> Provided the procedures for election of office-bearers and members of council herein set-out may not apply<I> </I>or followed as to the first<I> </I>election and such method may be applied in substitution as the meeting deems proper.</div> <bR> <div> <B>18.     PERIOD OF OFFICE :-</B></div> <div> The office bearers and members of the council shall hold office from their election until the next Annual General Meeting or an Extra-ordinary General Meeting convened for the purpose of election.</div> <bR> <div> <B>19.     MANAGEMENT OF AFFAIRS :-</B></div> <div> The affairs of the Association shall be managed by the Council of Management, who may exercise all such powers of the Association as<I> </I>are not by these articles required to be exercised by the Association in the General Meeting but no resolution made by the Association in the General Meeting shall invalidate any prior act of the Council of Management which would have been valid if that resolution had not been made.</div> <bR> <div> <B>20.     RETIREMENT OR RESIGNATION :-</B></div> <div> Any office-bearer or member of Council may at anytime retire or resign therefrom by giving notice in writing of his or her intention to do so.</div> <bR> <div> <B>21.     FILLING OF VACANCY :-</B></div> <div> The Council may fill any vacancy arising from the vacation, resignation, death or expulsion from the office bearers and members for the unexpired term.  Provided the council will be competent to act and continue with its functions in the absence of any member.</div> <bR> <div> <B>22.     QUORUM FOR COUNCIL MEETINGS :-</B></div> <div> In all meetings of the Council seven (7) members shall constitute or form the quorum.</div> <bR> <div> <B>23.     DECISION BY MAJORTITY</B><B> </B><B>VOTES :-</B></div> <div> All matters before a meeting of the Council shall be decided by a majority of votes.  In<B> </B>the case of equal division, the Chairperson shall have a casting vote.</div> <bR> <div> <B>24.     ELIGIBILITY FOR MEMBERSHIP OF COUNCIL :-</B></div> <div> No person who is a<B> </B>salaried servant of the Association shall be eligible for membership of the Council.</div> <bR> <div> <B>25.     ALTERATION, ADDITION OR RESCISSION OF THE CONSTITUTION AND RULES :-</B></div> <div> The Council may by special resolution alter, add, revise or rescind this Constitution or these Rules. Any alteration or addition so made in the Constitution or Rules shall be as if originally contained therein.</div> <bR> <div> <B>26.     ESTABLISHMENT OF BRANCH COMMITTEES, ETC :-</B></div> <div> To facilitate better management of the affairs of the Association the Council may appoint, establish or constitute district branches, committees, boards or other establishments in respect of different institutions or areas.</div> <bR> <div> <B>27.      INSTITUTIONS ESTABLISHMENT :-</B></div> <div> All district branches, committees, sub-committees, education or other institutions, temples, rest-houses, monasteries, the New Zealand Maathar Sangam, the New Zealand Valibar Sangam, and any other branch establishments to be appointed, established or constituted shall be deemed to be appointed, established or constituted under these articles or Rules.</div> <bR> <div> <B>28.     GUIDELINE OR DIRECTIONS :-</B></div> <div> The Council may by special resolution, guideline or direction, set forth the rules to govern the management and control of the district branches, committees, sub-committees, boards, schools, educational or other institutions, temples, rest-houses, monasteries and other establishments, and alter, add, revise or rescind the said resolutions, guidelines or directions from time to time.</div> <bR> <div> <B>29.     EXISTING GUIDELINE & DIRECTIONS :-</B></div> <div> All resolutions, guidelines, Rules and directions by the Council in existence or to be made, altered or added to, for the management and control of the district branches, committees, sub-committees, boards, The New Zealand Maathar Sangam, The New Zealand Valibar Sangam or other establishments, shall be deemed to be incorporated herein and form a part hereof as if originally contained herein.</div> <bR> <div> <B>30.     USE OF INSTITUTIONS :-</B></div> <div> All subscribed members shall be entitled to use the institutions and other establishments belonging to the Association in accordance with the resolutions, guidelines, directions, rules and regulations that may be in force from time to<B> </B>time in respect of such institutions and establishments</div> <bR> <div> <B>31.     SERVICES OF HEAD OFFICE :-</B></div> <div> The services and assistance for the Head Office will as usual be available to all committees, sub-committees, schools, educational and other institutions, temples, rest-houses, monasteries district branches, the<B> </B>NZ Maathar Sangam. The New Zealand Valibar Sangam and other establishments appointed, established or constituted hereunder.</div> <bR> <div> <B>32.     MANAGEMENT OF TEMPLES, ETC :-</B></div> <div> The management of a temple, church,<B> </B>mosque or any other place of worship, whenever entrusted to the Association shall be vested in a committee consisting solely of members who belong to the faith or persuasion for such institutions respectively.</div> <bR> <div> <B>33.     SECRETARY GENERAL :-</B></div> <div> The Secretary General shall keep records of the minutes for the proceedings of the Association signed by the President or Chairperson and all other records and shall be the general administrator of the affairs of the Association falling into his or her portfolio in terms of the direction of the President and the Council.</div> <div> 33.1<B>     MEETING NOTICE :</B></div> <div> The Secretary General shall call the meeting for the Council every three months at such place and day as may be decided by him with the President.</div> <div> 33.2     At least (14) day's notice shall be given of any such meetings. Provided any urgent meeting may be called by notice of such shorter period as may be deemed advisable.</div> <bR> <div> <B>34.     GENERAL SECRETARY - ADMINISTRATION :-</B></div> <div> The General Secretary - Administration shall assist the Secretary General in administration matters.</div> <bR> <div> <B>35.     GENERAL SECRETARY - OPERATION :-</B></div> <div> The General Secretary - Operation shall assist the Secretary General in all operational matters.</div> <bR> <div> <B>36.     GENERAL TREASURER :-</B></div> <div> The General Treasurer shall keep accounts of all receipts and disbursements and a register of members of the Association. The General Treasurer shall collect all funds, dues, donations, contributions and subscriptions from the members and others and deposit such money in any bank or banks in the name of Association.</div> <bR> <div> <B>37.     GENERAL MANAGER :-</B></div> <div> The General Manager shall be the Chief Executive Officer of the Association in all matter connected with the management and conduct of schools, educational institutions, temples, rest-houses and other establishments or affairs of the Association in accordance with resolutions of the Council and work within the framework of the guidelines, rules and directions in force or formulated by the Council or General Meeting from time to time. </div> <bR> <div> <B>38.     OPERATION OF ACCOUNTS :-</B></div> <div> All moneys, deposits, accounts and other securities shall stand in the name of the Association. Any two or more members of the Council jointly shall withdraw moneys, draw interest on such securities and sign cheques in accordance with the resolutions passed by the Council for the purpose.</div> <bR> <div> <B>39.     FINANCIAL AND MANAGERIAL RESPONSIBILITY :-</B></div> <div> The financial and managerial responsibility of all schools, district branches, educational or other institutions, temples, rest-houses, monasteries and other establishments constituted under these articles at different places will rest on branches, committees, sub-committees or boards responsible for such branches or establishments respectively in accordance with the resolution, guidelines, rules and directions in force or formulated by the Council from time to time.</div> <bR> <div> <B>40.     FUNDS :-</B></div> <div> All Funds necessary for the construction, maintenance and day-to-day expenses of any schools, educational or other institutions, temples, monasteries, rest-houses and other establishments shall be the income therefrom respectively and those which are specially collected, donated, or levied on members or received by way of grant either from the Association, Government or other establishments.</div> <bR> <div> <B>41.     AUDIT :-</B></div> <div> The accounts of the association shall be annually audited by an auditor or auditors appointed by a General Meeting.</div> <bR> <div> <B>42.     BALANCE SHEET :-</B></div> <div> A copy of the Audited balance sheet (including every document required by law to be annexed thereto) shall be laid before the Annual General Meeting or an Extra-Ordinary General Meeting convened for the purpose, discussed and approved.</div> <bR> <div> <B>43.     COMMON SEAL :-</B></div> <div> The Common Seal of the Association shall be of such make and design as decided by the Council from time to time.</div> <bR> <div> <B>44.     EXECUTION OF DOCUMENTS :-</B></div> <div> The Common Seal of the Association shall be affixed to all deeds and documents executed on behalf of the Association in the presence of or by the Secretary General or the General Manager and two (2) members of the Council or such office bearers as may be nominated by the Council from time to time.</div> <bR> <div> <B>SERVICE OF NOTICES :-</B></div> <div> Any notice required to be served by the Association to members shall be held sufficient, if posted to them on the address<I> </I>recorded in the membership register of the Association.</div> <bR> <div> <B>ANNUAL REPORT :-</B></div> <div> An annual report of the activities of the Association shall be presented to the Annual General Meeting.</div> <bR> </td> </tr></table></body>