GOVINDA SANSKAR CENTER
ARTICLE – I
NAME AND LOCATION
SECTION 1: The name of the organization shall be GOVINDA SANSAKAR CENTER (Here in after called the Center)
SECTION 2: The principal office of the Center shall be located at 783 Newark Avenue, Jersey City NJ 07306.
ARTICLE – II
SECTION 1: The objectives of the Center shall be as follow-
1. To promote the common interest of Hindus and the Hindu community.
2. To provide education in, Indian Languages, Hindu heritage and culture among the generations to come.
3. To undertake the activities to propagate and promote Hinduism, Hindu culture, social and religious practices.
4. To assist members with taking up matters of common interest of the Hindu society, so members and other communities have better understanding of the Hindu culture, traditions and way of life.
5. To assist, support other non profit cultural and educational organizations among the community who actively involve in promotion of Hinduism.
6. To support humanitarian causes, as the Officers of the center choose to support.
SECTION 2: The Center shall be strictly non-profit, religious and social in character. Shall not declare any dividend.
SECTION 3: The Center may own assets and may raise funds from membership due, voluntary donations, grants, and borrowing in order to implement the stated objectives of this article.
SECTION 4: The duration of the Center shall be perpetual.
ARTICLE – III
SECTION 1: The Individual Membership shall be divided in three Categories.
1. Worshiper: Any individual who is by birth or by belief is Hindu can be Worshiper Member. Shall worship at the Center. He/she can, after giving membership donation, become Life Member or Organizational Member of the Center.
2. Organizational Member: Any worshiper who pays a Bi-Annual membership donations to the Center of US $101.00. The Executive Committee shall fix the quantum of the Bi-Annual donation amount. A prescribe Application form shall be filled out by the Worshiper in good standing and shall be approved by the Executive committee. Shall have the right to vote in elections of the Executive Committee. May convert to life membership by paying additional donation of US $400.00 before the expiration of organizational membership.
3. Life Member: Any worshiper can become Life Member of the Center after giving one time donation to the Center of US $501.00. The Executive Committee of the Center will fix the quantum of the donations. Shall have right to vote in the elections of the Executive Committee. Only Life Members may a contest in the elections to become member of the Executive Committee. All prospective Life Members have to be introduced to the Executive Committee by a Life Member in good standing. All new Life Members have to be approved by the Majority of the Executive Committee.
4. Membership Donation Quantum: The Executive Committee, with 2/3rd – i.e. 7 of the 11 trustees consent, may increase the donation quantum. Membership donation quantum may remain same or can be increased but can never be decreased from the above stated quantum.
SECTION 2: Members’ Code of Conduct
1. No member shall directly come in conflict with the employee/s, other member/s, guests and/or any other volunteer/s of the Center. The peace and tranquility shall be maintained all the time. No member shall attempt to or ever profit from, transfer ownership of, misappropriate or cause damage to/loss of Center’s Assets, Property or Donations. Executive Committee members, individually and collectively, must fulfill their fiduciary, directorship and managerial responsibilities during their tenure/term as the trustee of the Center.
2. The qualified Priest appointed by the Executive Committee shall guide and manage all religious activities of the Center under the guidance of the President of the Executive Committee. All employees of the Center shall work under the direct management of the Managing Committee only.
3. Any communication/notice/request/complaint to the Executive Committee from a member shall be considered received when either hand delivered to the President or Secretary or sent USPS certified mail to the center’s registered address.
SECTION 3: Disqualification or Loss of Membership
A: Any Member, acting against the objectives of the Center, determined to be in violation of code of conduct, and/or who has failed in his/her fiduciary responsibility as a Trustee shall be deemed disqualified as a Member by any definition in Section 1 of this article.
Aberrations and/or complaints, against/about any member are to be reported, directed and filed with the President in writing with all the available back-ups, evidences and list of witnesses. The President must call the Executive Committee meeting to analyze and deliberate the complaint. The Executive Committee must call the member for further inquiry. The member shall be given full opportunity to explain his/her position in writing as well as in person.
Step 1 – the Executive Committee shall decide by the 2/3rd or the minimum of 7 votes for the validity of the complaint and for the violation of the members’ code of conduct, and then in Step 2 – by the 2/3rd or the minimum of 7 votes for disqualification/revocation of the member’s membership. Such disqualified member will not be refunded any part of his/her membership donation.
In Step 2, the Executive Committee may also decide, by 2/3rd or minimum of 7 votes, not to revoke or disqualify the membership of the erring member. However, in such case, the erring member will remain disqualified to become or continue as a Trustee and Member of the Executive Committee for 10 years from the date of determination. During these 10 years, such member cannot seek nomination to or be a candidate in the election for the Trustee or the Executive Committee member of the Center.
All the details of Executive Committee’s such investigation, decision making and the member’s explanations shall be duly recorded and maintained, for 10 years, by the Executive Committee and also made available to any member upon written request, with in 15 days from receiving such request.
B: Any Member found guilty of fraud or violent crimes by any court, may become a member of the Center, but will remain disqualified to become or continue as a Trustee and Member of the Executive Committee forever. Such member cannot seek nomination to or be a candidate in the election for the Trustee or the Executive Committee member of the Center.
ARTICLE – IV
THE GENERAL BODY
SECTION 1: The General Body of the Center shall consist of the Organizational Members and Life Members in good standing.
A. 34% of eligible members shall consist as a quorum for General Body meeting. If quorum is not achieved General Body meeting shall postpone for 7days. If the quorum could not be achieved in subsequent meet, the waiting for ½ hour and then meeting shall be called in order to conduct the business.
B. Any amendment/s, individually or cumulatively, in the Articles of the Constitution or to the By-Laws shall be made with 2/3rd majority votes for the amendment/s at the regularly scheduled or extra-ordinarily called General Body meeting only.
SECTION 2: The General Body of the Center shall meet each year, in the month of June or July, for the adoption of the report from the Executive Committee; and also meet to elect the Executive Committee of the Center as and when due. The President of the Center or Member designated shall preside over the General Body meeting. Any member raised proposal and/or issue shall also be discussed, voted upon as well as adopted, in accordance with the centers Constitution and By-laws, at any general body meeting.
SECTION 3: The Executive Committee can convene an emergency meeting of the General Body. In all cases the notice serve in 15 days by the Executive Committee shall be suffice. The Notice of the General Body meet must be placed in writing on the Center’s notice board.
SECTION 4: A special General Body meeting can be called in with the petition signed by the 34% of the Life Members (with active membership of at least six months) and submitted to the Secretary, Executive Committee. The Executive Committee shall notify the General Body Meeting within 15 days from the receipt of the petition. Such General Body Meeting shall be held with in 30 days from the date of notification. The quorum must be achieved at the meeting time. The meeting shall be deemed as cancelled in case of lake of quorum and there shall not be special General Body meeting for the same cause for next 4 months.
ARTICLE – V
ELECTIONS OF EXECUTIVE COMMITTEE
A. The Electoral College consists of the Life Members and Organizational Member (whose prescribed donations and membership applications were received and approved by the April 30th of the election year) of the Center. Such applications must be validated by date and clear and ascertainable evidence of donation payment and relevant bank deposits.
B. Only Life Members in good standing, with at least college degree or past experience in administration of not-for-profit organizations, can contest for the membership in Executive Committee.
C. A prescribed nomination form should be submitted to Election Committee with the signatures of first and second member proponents and the candidate. The Election Committee is made up of 3 to 5 life members in good standing and is appointed by the Executive Committee.
D. All candidates to the election shall be approved unanimously by the Election Committee of the Center from the list of all nominated members. The appointed Election Committee shall continue for 3 elections of the Center, and in the case of resignation or termination of any election committee member the remaining committee will stay in take and will carry its duty of conducting elections as and when due.
E. The elections of the Executive Committee shall held not later than November 30th of the election year and the elected members shall take over from 1st day of the following year.
F. 11 Trustees are to be elected to the Executive Committee of the Center for the fixed term of 2 years. All the contesting candidates’ will be ranked based upon the individual votes each candidate receives in the election. The top 11 candidates getting the most votes will be elected Trustees of the Center.
G. In the case of death, disability, migration, resignation, termination or disqualification of any sitting Trustee, i.e. a Member of the Executive Committee, of the Center, the vacancy shall be filled by the next, i.e. the 12th and so on, candidate who had received the most votes in the election.
If no such ranking-on-the-list candidate is available, the President, with the majority vote of the continuing Executive Committee members, should then appoint any willing life member, in good standing, as a Trustee to fill the vacancy. The term of such inducted Trustee shall be the remainder of the term and shall expire with the originally elected Trustees of the Center.
ARTICLE – VI
A. The Executive Committee consisting of Eleven elected members in good standing shall guide the Center.
B. The term of the Executive Committee shall be of two full calendar years.
C. The Executive Committee shall look after the day to day operation of the Center and shall be responsible for the books of accounts and assets of the Center.
D. The executive Committee shall elect a Managing Committee as defined in article VIII, consisting of a President, Vice President, Secretary and Treasurer. All these positions shall be honorary.
E. The Executive Committee shall meet at least once every month. A proper Agenda shall be drawn for each meeting and the deliberations shall be recorded in the minute book for approval of the committee in the subsequent next meeting.
F. Managing Committee shall draw the Agenda of the meeting, but Executive Committee can take any matter important to the interest of the Center by proposition by one member and seconded by any other member.
G. The Executive Committee shall appoint or terminate the services of appointed officers for the Center as need may arise, either honorary or on pay roll. Executive Committee shall allocate duties and responsibility among such appointees who are supervised and accountable to Managing Committee and shall provide reports on demand from the members of the Managing Committee.
H. The Managing Committee shall be the disciplining authority for all employees or appointee of the Center. Any appointee shall report only to the Managing Committee of the Center and no other member shall interfere in their functioning.
I. Family members and/or friends of any Trustee, the Executive Committee member and/or any members are not to interfere with, act as a proxy, or instruct or manage the affairs and/or employees of the Center. It is the responsibility of the individual trustee to manage his/her family and friends. The Trustee will be responsible for his/her family and friends actions affecting The Center.
A. The Executive Committee is the solely responsible for the assets of the Center, no one from the membership or employee of the Center can make any changes on his own without the prior written permission of the Executive Committee.
B. All records and possessions of the Center shall be kept on the premises of The Center.
C. The Executive Committee shall hear any petition from the member or worshiper. The petitioner should put his views in writing and forward it Executive Committee at least 7 days in advance and may address the Executive Committee with permission from the Chair. The Executive Committee must investigate, analyze, and properly address any and all issues petitioned; and must response to the petitioner, in writing, with 30 Days of the petition date.
D. All Executive Committee shall be either chaired by President or Vice President and in there absent any member of the Executive Committee shall chair with unanimity of the Members present.
E. Meeting shall be called in order only if 6 members of the Executive Committee are present at a time. In case of failure to achieve the required numbers within 1/2hour, the present members shall conduct the business and make a decisions on such matters declared in agenda with at least presence of 2 members of Managing Committee and total presence of 4 Executive Committee members.
F. It is mandatory for All Members of Executive Committee to attend the meetings. Without prior excuse, Executive member shall be considered absent from such meeting. An absence in consecutive three meeting will be considered as Members inability to attend and continue his/her services in the functions of the Executive Committee.
1. The responsible officer of the Managing Committee of the Center shall write a letter demanding an explanation. No response or failure to provide such explanation within given time limit, shall be a cause for the termination of such member from the Executive Committee.
2. A resolution shall be adopted by the Executive Committee of such actions and the member should be notify of his/her termination from the Executive Committee at last recorded address record by competent officer of Managing Committee.
G. The Executive committee shall file all required Tax returns to Federal and State government in time, and proper accounting of the Center’s finances shall be completed and presented to the members at the General Body meeting. No lapse shall be permitted and due report shall given in AGM. Trustees shall remain responsible and accountable for their actions during their trusteeship.
H. Noncompliance with the Centers Constitution and By-Laws by any Trustee/Member of the Executive Committee of the Center will be a clear violation of the Members’ Code of Conduct and will require disciplinary action by the Executive Committee.
ARTICLE – VII
MANAGING COMMITTEE OF THE CENTER
SECTION 1: The daily management of the Center shall be vested in the Officers of the Center, which will consist of the President, Vice-President, Treasurer, and Secretary of the Executive Committee.
SECTION 2: The Term of the Officers shall be two years and shall be elected from the members of the Executive Committee by the simple majority of the Executive Committee members. No Executive Committee member can hold same position for more then two consecutive terms.
A. All officers shall perform their duties by putting reasonable and customary efforts as per their designation.
B. The Center shall open and operate bank account titled as “Govinda Sanskar Center”. The treasurer shall operate the bank account jointly with the President or Secretary. The signature of the Treasurer is mandatory on any disbursement on behalf of the Center. All cash and or receipt shall be deposited in designated account and all payments of the Center shall be by checks drawn on this account.
C. The Executive Committee shall approve any transfer of the funds to other accounts of the Center.
D. Any emergency measure is adopted due to lack of time shall be unanimous decision of the Managing Committee, subject to approval by the next Executive Committee meeting.
A. No members shall solicit any funds without explicit written permission of the President, all funds shall be deposited first in the Center’s account and disbursed from there after proper resolution adopted by the Executive Committee.
B. Any private solicitation on the Center’s premises in any shape and form, material, money or private business for profit, is forbidden and violators shall be tried to the fullest extent of law. It is the duty of the Managing Committee to pursue against such people.
ARTICLE – VIII
SPECIAL COMMITTEES AND OFFICERS
SECTION 1: The President shall appoint, subject to the approval of the Executive Committee any special committee and/or special officers deemed necessary for the successful operation of the Center and for liaison with any other organization. All such committees and officers will be effective until dismissed by the President or with the expiration of the term of the Executive Committee. Such appointment shall be approved in the Executive Committee. Such appointment may carry financial obligation on the Center, which may be token payment or on regular payroll of the Center deem fit by the Executive Committee. All appointed people are responsible to the officers of the Center, shall discharge their duties without interference from the Organization’s Membership.
SECTION 2: All Special Committee persons and/or Officers, when requested by the Officers of the Center, at the time of the meeting, may present a report of the progress.
SECTION 3: All appointments on pay roll shall be considered only, by the interview board and due process. The interview board shall consist of all the Managing Committee members and at least one out side expert on the subject under consideration should be invited to seat on the interview board. Any Member of Managing committee shall relieve him/her if the prospective candidate for the job is socially related at time of interviews. Any finding of relations later shall deem the process null and void.
ARTICLE – IX
SECTION 1: The Executive Committee of the Center shall be final authority in the interpretation of the By-laws and the constitution of the Center. When there is conflict, the decisions unanimously arrived by the Managing Committee shall prevail.
ARTICLE – X
A. Any Life member may propose an amendment to the constitution by submitting the proposed amendment in writing to the Managing Committee of the Center. The proposal should carry a full details and justifications for such amendment. The Managing Committee shall deliberate on the proposed amendment and place the same before full Executive Committee. If approved by the Executive Committee, the proposed amendment shall be considered for adoption at the next General Body meeting of the Center. A Two-third (2/3) majority of the vote of the General Body present at such meeting shall be required for the adoption of the proposed amendment.
However, 34% of Life Members can petition for a General Body meeting and can resent the proposed amendments on the floor for acceptance or rejection of the proposed amendment/s by the General Body in conformance with the Center’s Constitution and By-Laws.
B. All the members of the General Body shall be informed in writing of the full detail of the proposed amendment 10 days before the meeting of the General Body by placing the same on the notice board of the Center.
C. The Constitution shall not be amended except as set forth in A and B of the section.
ARTICLE – XI
SECTION 1: At no time, shall a member, of any status, bring legal action against the Center or any of its Offices for personal injury sustained by them or for any personal property damage incurred by them, while participating in, attending or conducting any of the activities sponsored by the Center, on grounds of ordinary negligence.
ARTICLE – XII
SECTION 1: In the event that the Center has to be dissolved, the procedure of the dissolution shall be as follows:
A. A meeting of the Executive Committee of the Center shall be called presided by the President or any Officer unanimously designated to preside, at the principal office of the Center. The Purpose of such meeting to consider the dissolution of the Center. A RESOLUTION to dissolve the Center shall be passed by at least three-fourth (3/4)-majority vote of the Executive Committee members present at this meeting.
B. The resolution to dissolve the Center, as passed by the Executive Committee of the Center and shall be presented at Special Joint meeting of the Life Members and Organization Members meeting. The resolution shall be adopted by three-fourth (3/4)-majority vote of the Members present at this meeting.
C. After the resolution to dissolve the Center has been adopted, all bank accounts shall be terminated and all tangible and non-tangible shall also be liquidated. All funds thus available, after payment of expenses of the dissolution and unpaid bills, shall be donated to Hindu religious organization and located within the State Of New Jersey. The specific condition shall be set forth to use the funds for advancement of the cause of Hindus in the U.S.A. or for achieving the objectives set forth in ARTICLE II of the CONSTITUTION.
This article of the Constitution adopted on this 4th day of December, 99. This Article of the Constitution of the Govinda Sanskar Center was further amended, approved and adopted by the General Body on December 15th, 2002 to be effective from January 1st, 2003.