BUT
CONSTITUTION

MEMORANDUM AND RULES & REGULATIONS
OF
BALLY UTSAV SAMITY
(Registration No. S/IL/95219 of 2012-2013 dated 24th August 2012)
 
BALLY UTSAV SAMITY
MEMORANDUM OF ASSOCIATION OF BALLY UTSAV SAMITY
 1. The name of the Society shall be Bally Utsav Samity..
 2. The office of the Bally Utsav Samity will be at 5 Goswami Para Road, Bally Municipal Market (1st Floor , Bally, Distt. Howrah (Pin 711 201) in the       State of West Bengal.
 3. The objects of Bally Utsav Samity is as under
        a) to organise a Festival, named as Bally Utsav.
        b) to propagate, nourish, study and present the cultural heritage of the people of the locality or the state of West Bengal or India
        c) to highlight the life and works of the distinguished personalities through exhibition, seminar and publications.
      d) to organise felicitations of the successful, acknowledged and acclaimed  people in the field of education, art, literature, sports and other             cultural areas.
       e) to strive ceaselessly to eradicate reactionary decadent culture and to facilitate and appreciate cultural activities and consciousness among         the people in general.
         f) to organise programme in different areas of Bally, Belur and Liluah as a part activity on the aforesaid objectives.
        g) to promote and undertake as well as to assist different programme for raising public awareness and influencing public opinion on important            social, civic, art and environmental concerns.
      h) to undertake the work of publication of books, reports, magazines, journals, newsletters, pamphlets, periodicals, posters, gift items to          advance and diffuse information and knowledge on subjects, related to the arts and crafts and basic object of the society.
       i) to organize and carry out workshops, seminars, conferences, lectures and symposium at local, national, regional levels on theme related to             the basic objects of the society.
        j) to organize trips, excursions, walks and visits to the historical and cultural places aimed at promoting and fostering pride and respect for the        history, local tradition, arts and crafts.
        In furtherance of the above objects the Society shall be at liberty to do the following subject to the provisions of the Society Registration Act.
       The income, receipts and property of the Society whomsoever derived or obtained shall be applied solely towards the promotion of the objects        of the Society as set forth in this Memorandum and no portion thereof 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 society.
        4. The first Governing Body of the Bally Utsav Samity consisted of the following persons.
Sl No. Name Addresss Occupation
  1. Sri Arunabha Lahiri Bally, Howrah President
  2. Sri Bikash Basu Bally, Howrah Working President
  3. Sri Subhendu Bhattacharya Belur, Howrah Working President
  4. Sri Pradip Ganguli Bally, Howrah Vice President
  5. Sri Debmalya Banerjee Bally, Howrah Vice President
  6. Sri Basudev Chakraborty Bally, Howrah Vice President
  7. Sri Anjan Mukherjee Bally, Howrah Vice President
  8. Sri Riaz Ahmed Bally, Howrah Vice President
  9. Sri Anjan Das Mazumdar Bally, Howrah General Secretary
  10. Sri Sandip Banerjee Bally, Howrah Joint Secretary
  11. Sri Rabindra Nath Chatterjee Bally, Howrah Asstt. Secretary
  12. Sri Sujit Chatterjee Bally, Howrah Asstt. Secretary
  13. Sri Souresh Chandra Bally, Howrah Asstt. Secretary
  14. Sri Timir Deb Bally, Howrah Asstt. Secretary
  15. Sri Shyamal Roy Bally, Howrah Treasurer
  16. Sri Saumendra Nath Pal Bally, Howrah Internal Auditor
  17. Sri Sankarjyoti Ghosh BelurMath, Howrah Member
  18. Smt Soma Sen Gupta Howrah Member
  19. Sri Jayanta Dutta Bally, Howrah Member
  20. Smt Kumarika Banerjee Bally, Howrah Member
 
        We, the undersigned founder members of Bally Utsav samity,  are desirous of forming a society in pursuance of this Memorandum of Association under the Societies Registration Act, 1961, West Bengal to broaden the activity such as conducting Bally Utsav annually and  other programmes during the year,
 
Sl No. Name Addresss Occupation
  1. Mr. K. C Hajra Belur, Howrah Business
  2. Mr. Ashoke Banerjee Bally, Howrah Lawyer
  3. Mr. Arunava Lahiri Bally, Howrah Teaching
  4. Mr Anjan Das Mazumdar Bally, Howrah Consultancy Service
  5. Sri P. Mukhopadhyay Bally, Howrah Service
  6. Mr. Souresh Kr. Chanda Bally, Howrah Retired
  7. Mr.Basudeb Chakraborty Bally, Howrah Retired
  8. Mr. Saumendra Nath Pal Bally, Howrah Retired
  9. Mr. Pradip Chatterjee Bally, Howrah Retired
  10. Mr. Ashok Kr. Ghosh Bally, Howrah Service
  11. Dr.Debashish Dutta Bally, Howrah Service
  12. Sri Anjan Mukhopadhyay Bally, Howrah Teaching
  13. Mr. Shankar Jyoti Ghosh Howrah Service
REGULATIONS
 Preliminary:
 In these presents, unless there is anything repugnant in the subject or context -
  a) means the West Bengal Societies Registration Act 1961.
 b) ‘THESE PRESENTS’  means these Regulations of Association and the Rules of the Society.
 c) 'THE SOCIETY’ means “Bally Utsav Samity”
 d) ‘THE GOVERNING BODY’ means the Executive Committee which is entrusted for the time being with the management of the Society under its    Regulations.
 e) ‘THE OFFICE’ means the Registered office of the Society a mentioned in the Memorandum of Association.
 f) ‘MEMBER’ means a person who has been admitted with his consent as a member of the Society according to its regulations
 g) Word including singular number shall include plural number, and, words importing masculine gender shall include persons or company of persons.

 1. Membership
 (a) Qualifications and Admission :-
 i) Any person either on individual capacity or as representative of any Organization having interest and belief in the aims and objects of the Bally     Utsav Samity and having attained an age of 18 years will be entitled to become a member of the Bally Utsav Samity.
 ii) The members of Bally Utsav Samity will be deemed to have accepted the Memorandum of Association Rules, and bye laws which may be in force    at the time of application for membership or at any other subsequent time
 iii) A person will be enlisted as a member of either category of Bally Utsav Samity after his/her applying in writing in the prescribed form, subject    to the final approval of the Governing Body. The Governing Body shall be under no obligation to state any reason for the rejection of any    application for membership.
 (b) Category of Members
  Membership shall be of the following categories :
  i) Life Member - Subscription for a life member shall be a consolidated sum of Rs 5000/- to be paid at a time.
  ii) Individual Member - Subscription for an Individual member shall be Rs 100/- annually payable at a time.
  iii) Organizational member - Any organization with credentials, to whom Bally Utsav Samity have asked for association, will have to nominate           minimum 2 members to be the Organizational member of Bally Utsav Samity, after paying an annual subscription fee of Rs 200/- for 2 persons         @ Rs 100/- per head or at the prevailing subscription rate. Persons representing Organizations and taking membership will be eligible to be          treated as member representing the said organization and elected / selected / nominated in the Governing Body of Bally Utsav Samity.
        Note : The Life membership fee and Individual / Organizational membership fee may be revised from time to time with the consent of General         Members in a General Meeting
   (iv) Honorary Member - The Governing Body of Bally Utsav Samity shall have the power of selecting persons, who have acquired great distinction in     the field of art and culture or have rendered great service to the cultural movement in general, as honorary members.
  (v) Institutional Member  - Bally Municipality or any other sponsoring authority , who will sponsor the event of a particular year can nominate a     maximum of 50 persons to be Institutional member depending on the sponsorship offered by the Authority subject to the discretion of Governing     Body.
  Note : 1) Membership will be for  a financial year, that is from April to March.
            2) All such membership and the corresponding subscription is payable by the last day of Utsav / festival or latest by March end of the               respective year’s membership. Membership and corresponding rights of the membership will not be in vogue till renewal of membership is               done on payment of fees
            3) The Governing Body reserves the right to impose admission fee and a mandatory donation amount for any new membership with the     consent of General members in a General Meeting.
 (c) Rights and Obligation of Members
 The rights and obligations of the members the Society shall be as follows:
   (i) To be admitted and to take part in all shows, meetings, seminars, socials, programmes etc. of the Bally Utsav free of cost or by paying such contributions as may be determined by the Governing Body.
   (ii) To be proposed/seconded/selected in the Governing Body of Society.
   (iii) Each member shall have one vote each.
   (iv) Defaulting members shall not be allowed to take part in or vote in a meeting.
   (v) to pay his subscription within the prescribed time.
 (d) Cessation of Membership
 Membership shall cease by : :
   (i) Resignation, (ii) Act or conduct prejudicial or harmful to the interest or reputation of the Bally Utsav Samity  (iii) On non-payment of membership for the respective year within the financial year. (iv) Death of the Member.
 Under no circumstances, subscription paid by a member will be refunded when he/she ceases to remain a member by application of Rule 1.d(ii).
 A member, whose membership has ceased for non-payment of subscription fees may, of course, take a fresh membership in subsequent years, The Governing Body reserves the right to consider flexibility or to impose a fine in such cases.
 2. Governing Body of Bally Utsav Samity
 (a) Composition
  (i) The management and the administration of the affairs of the Society shall be vested in a Governing Body hereinafter called the Executive Committee which shall function for one year subject to extension for another year with the consent of General Members in a General Meeting.
   (ii) There shall be an Executive Committee of not less than 25(twenty five) and not more than 35 (thirty five)  members, and the Committee members  will discharge their duties without remuneration
   (iii) Subject to the provisions of the Rule 2(a)(ii) the Executive Committee shall have the power to co-opt a maximum of 5 (five) other members in the Committee if they think necessary.
 The Committee will select the following office-bearers
 # President, # Working President - Maximum 4, # Vice Presidents - Maximum 10, # General Secretary - 1 ,  Joint Secretaries - Maximum 2 , # Assistant Secretaries - Maximum 6,  # Treasurer - 1 ,# Internal Auditor - 1
 (b) Selection Procedure
 i) The Executive Committee  of Bally Utsav Samity as mentioned in Clause 2(a) above will be formed in a General Meeting of Bally Utsav Samity called for the specific purpose latest within the month of December of the respective financial year either through general consensus or through an election by raising hands or by secret ballot as decided by the Chairman of the respective General Meeting. The selection of Chairmen, Working Chairmen and Vice Chairmen of Reception Committee, Advisory Committee and Patron Committee will also be done in the said  General Meeting.
 ii) The newly elected Executive Committee will select the other members of Reception Committee, Advisory Committee and Patron Committee and the Sub Committees in its subsequent meetings and while doing so will consider the recommendations from the general members placed and submitted in the General Meeting.
 iii) The Conveners of the Sub Committees will henceforth be treated as Ex-Officio Executive Committee members. While selecting the Conveners,  the prevailing Executive Committee members with or without portfolio may also be considered. 
 iv) The members having paid their subscription latest one day before the date of General Meeting will be voter and eligible to be elected / selected in the Executive Committee subject to the rules of bye laws as regards criteria for submission of nomination papers and other relevant clauses.
 v) The notice for the General Meeting called for selection/ election of Governing Body/ Executive Committee  should be sent to all the General Members with intimation for renewal of membership by post or email. They may be advised to collect the Notice from the office on intimation by post card or by sms through mobile phone.
 vi) The Governing Body may frame necessary bye laws or may entrust a Sub Committee to frame necessary bye laws for conducting election of Governing Body of Bally Utsav Samity.
 (c) Power of Governing Body
 Subject to the ultimate control of the General Members and without prejudice to the general powers conferred by the foregoing Rules, the Governing Body of Bally Utsav Samity with the executive authority entrusted on the Executive Committee shall have the following powers:
   (i) To select other members of Reception Committee, Advisory Committee and Patron Committees.
   (ii) To appoint Sub-Committees and panels and delegate responsibility to them.
   (iii) To take action on the resolution passed at the General Meetings.
   (iv)To frame the financial estimate and to incur and sanction expenditure and to collect and manage the fund as well as to pass the accounts and approve for audit purpose for the activities of the Bally Utsav for the year.
 (v)To negotiate with the Government of India or any State Government or other local or foreign authorities for the fulfillment and/or advancement of the objects of the Bally Utsav Samity and to enter into any arrangement with such Governments or authorities as it may deem fit.
 (vi) To appoint bankers and to put the funds of the Bally Utsav Samity into a separate account opened in the name of Bally Utsav Samity, provided that the name or names of particular banker or bankers shall be decided upon by a resolution passed at a meeting of the Governing Body.
 (vii)To authorise the Treasurer and any of the two Office Bearers (President and Secretary in general) of the Executive Committee as would be determined by a resolution of the Executive Committee to operate the banking account under their joint signatures
 (viii)To co-opt members duly proposed and seconded by the members of the Governing Body to fill up any vacancy arising out of any of the clauses described in 1(d) above.
 (viii) To suspend or expel any member for the gross misconduct, offence or bad character which will be placed in the next ordinary or extra-ordinary General meeting when the same will be finally decided.
   (ix) To do all such other powers and duties as delegated  and conferred by these Rules & Regulations and as laid down in the Memorandum of Association.
 (d) Meetings
 (i) A meeting of the Governing Body shall be held at least once in three months.
   (ii) Seven days notice of the meeting specifying the place, time, and the agenda must be intimated to the respective members of the Governing Body.
   (iii);An emergency meeting may be called on 24 hours notice by the General Secretary or the President of the Executive Committee.
 The General Secretary of the Executive Committee will convene all such meetings.
 
 (e) Tenure of the Governing Body
 Tenure of the Governing Body will generally be one year which can be extended for another year subject to the consent of Governing Body members and ultimate consent of the General members in the General Meeting. However, the post of Chairmen of Reception Committee, Advisory Committee and Patron Committee and the post of President, General Secretary and Treasurer of the Executive Committee will continue for two years subject to the consent of the respective personnel and approval in the Governing Body meeting. Other portfolio holders may be selected or elected in the erstwhile posts as per normal selection/election process adopted in the General Meeting.
 3.    General Meeting
 The Annual General Meeting of Bally Utsav Samity shall be held every year to transact the following business:
 To consider the General Secretary’s report
 To consider the statement of accounts
 To pass the Annual Budget
 To select/elect the new Executive Committee and Governing Body,
 Any other matter for which three weeks’ notice in writing to the General Secretary has been given by a member of the Bally Utsav Samity .
 A Special General Meeting will be held within 3 months from the completion of the Bally Utsav of a respective year to report the overall Utsav features including financial condition till that date. Further Special General Meetings may be convened between the statutory Special General Meeting & Annual General Meeting as per discretion of the Executive Committee and Governing Body depending on the merit of the agenda.
 Not more than 15 months shall elapse between the two successive Annual General Meetings.
 4.       Notice
 The following notices shall be obligatory for the meetings mentioned below:
 a) Meeting of the Governing Body  - 7 clear days
 b) Annual General Meeting and Special General Meeting - 21 clear days
 
 5.          Quorum
 The quorum of the meetings mentioned below shall be as follows
 Meeting of the Governing Body & Executive Committee  - 10
 Annual & Special General Meeting -  25
 
 If the quorum is not formed at any  meeting within half an hour of the specified time which may be extended by another half an hour with the majority consent, it shall be postponed to the same day of the following week at the same time and at a place about which the General Secretary shall notify to all the persons concerned within the next 72 hours.
 
  If the quorum is not formed on the latter date within half an hour of the specified time, the members present there may proceed with the meeting and all the resolutions passed at such a meeting shall have the same effect on the Socirty as if the quorum is formed.
 6.     Duties of the Office bearers
 Subject to the ultimate control of the general members , the duties of the Office bearers will be as under.
 (a)  President , Working Presidents and Vice Presidents
 (i) The President shall act as the Executive Head of the Bally Utsav Samity.
   (ii) The President or in his/her absence a Working President or Vice President ( in order of seniority) shall preside over General & Governing Body/Executive Committee Meetings as mentioned in these Rules or in any amendments thereof which may be made in future.
   (iii) The President shall take all disciplinary actions such as removal dismissal etc. in consultation with the Executive Committee.
   (iv) The Working President/s and Vice President/s shall assist and co-operate with the President for performing his duties.
 (b)  General Secretary
 
 Subject to the control of the Governing Body, the General Secretary shall be responsible for the general administration of the Bally Utsav Samity..
 He shall call the meeting of the Executive Committee and General Meeting and all such meetings and shall also record the minutes of all meetings and place for confirmation a the next meeting.
 He shall conduct general correspondence and supply information about the Society when required.
 He shall issue general circular and notice related to the affairs of the Society.
 He shall maintain the membership formalities including receiving the application for membership and maintaining the Membership Register of all members of the Society of all types.
 He shall have the power to engage, subject to the approval of the Executive Committee, any assignments for which he considers necessary and will fix his remuneration.
 He shall conduct institute and defend legal proceedings in the courts and other places.
 He shall conduct all other business according to the instructions given by the Executive Committee and General body and see that the Act, rules and regulations are not infringed.
 (‘c) Joint Secretaries & Assistant Secretaries
 
 The Joint Secretaries and Assistant Secretaries shall act in accordance with the directions of the General Secretary subject to the control of the Governing Body. They will help the General Secretary in performing his duties and in the absence of the General secretary shall perform such duties as may be assigned to him from time to time by the General secretary or the executive committee
 (d)  Treasurer
 (i) The Treasurer shall be the custodian of the funds of the Bally Utsav Samity. All money over and above the amount of cash needed for current expenditure as determined by the Governing Body/Executive Committee from time to time shall be forwarded by the General Secretary to the Treasurer who shall deposit them in the Bank or Banks as specified by the Governing Body/Executive Committee.
   (ii) The Treasurer shall operate transactions jointly with either the President or the General Secretary or any other portfolio holders as resolved in the Executive Committee subject to the approval of the Governing Body.
   (iii) He shall keep Members Register and keep Accounts Book, Journal Book, Ledger as necessary. He will also make the defaulter list of the members of the Society as and when required by the Executive Committee and he shall perform all such duties as are incidental to his office.
  (e)  Internal Auditor
 The Internal Auditor will audit the accounts of Bally Utsav Samity prepared by the Treasurer.
 7. Accounts & Audits
 The accounts of the Bally Utsav Samity  shall be prepared and internally audited for every financial year i.e, from 1st April each year to 31st March next year, by the internal auditor and will be forwarded to the Statutory Auditor for incorporation of the same in their accounts duly endorsed by the President, General Secretary, Treasurer as decided by the Governing Body/ Committee in their meeting called for the purpose within 90 days after the completion of the Utsav for the specific year.
 8. Books of Accounts and Inspection
 The books of accounts and other statutory books shall be kept at the office of Bally Utsav Samity and shall be open for inspection by the members of the Governing Body/Executive Committee during usual office hours, and the same shall be open to inspection by the general members at such time and place as the Governing Body/Executive Committee directs on a written request made by any member.
 9. Suits and Legal Proceedings
 All suits and legal proceedings by or against the Bally Utsav Samity shall be brought in the name of General Secretary or by any such person as shall be appointed by the Executive Committee for the occasion.
 
  10. Amendments
  Amendments to the present Rules may be considered at a Special General Meeting or Requisition General Meeting as decided by the Executive Committee or the requisitioned members ( as per corresponding Rules of the Bally Utsav Samity) and shall be considered/ passed if the proposed amendments are accepted by the 3/4th of the members present and voting.
 Amendment includes alteration, modification, rescinding or addition to the present Rules.
 
 11. Representation
 The President and the general secretary and any other member of the Executive Committee as decided by the Executive Committee shall execute and sign all deeds and documents creating, disposing or otherwise negotiating the properties and funds of the Society.
 
 12. Dissolution of the Society
 Subject to the provisions of Section 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 3/4th members of the society at a General Meeting. If upon the winding up or dissolution of the Bally Utsav Samity, there remain after satisfaction of all debts and liabilities any property whatsoever, the same shall automatically be given or transferred to any other organization having similar activities and objectives as will be determined by the members of the Bally Utsav Samity  in a General meeting convened for that specific purpose.