MODEL LOM CONSTITUTION FOR CHAPTERS

MODEL LOM CONSTITUTION FOR CHAPTERS


PREAMBLE
We, young men and women of______________________________ (Name of Town / City) gathered at this meeting conscious of the fact that adequate civic training of young persons will enable them to exercise decisive influence in the just solution of the problems of humanity; Determine to promote the well-being and progress of all people; RESOLVE, to unite our efforts in these directions by constituting an association of young citizens of the city based upon the principles enshrined within this Constitution.
I. THE CONSTITUTION:
The Constitution of this association shall be comprised of the Memorandum of Association and the Rules and Regulations as provided hereunder.
II. MEMORANDUM OF ASSOCIATION:
a. The name of this society shall be Junior Chamber International _________________(Name of the society). In its abbreviated form it will be named as JCI _________________.
b. The registered office of this society shall be situated at__________________________________________________________
____________________________________________________________
(Address of the Registered Office)
c. Aims and Objectives: The main object for which this society is formed shall be based on a declaration of principles as inspired by the Jaycee Creed, which is as follows:
Declaration of Principles: The principles of Jaycees are based upon a belief in:
• Faith in God.
• The brotherhood of man.
• Individual freedom and dignity.
• Government of laws.
• The value of human personality.
• Service to humanity.
Jaycee Creed:
We believe
That faith in God gives meaning and purpose to human life;
That the brotherhood of man transcends the sovereignty of nations;
That economic justice can best be won by free men through free enterprise;
That government should be of laws rather than of men;
That earth's great treasure lies in human personality;
And That service to humanity is the best work of life.
d. Purposes:
1. To encourage the extension of Jaycees association and its ideals throughout India in such manner as may be thought fit.
2. To complement the activities of JCI India as well as its other chapters and to take common action in the interest of this society.
3. To foster amongst individual membership of this society a spirit of genuine civic interest, offering the opportunities for personal development and avenues for involved participation in the social and economic advancement of the community and the Nation.
4. To encourage and strengthen international understanding and goodwill especially through active participation of the members of this society in world-wide projects and in the activities of the Jaycees movement.
5. To encourage and advance mutual understanding and goodwill amongst young men and women in the Republic of India regardless of caste, creed or color.
6. To promote feelings of secularism in the Republic of India.
7. To help in the social emancipation of all individuals.
8. To encourage and provide facilities to all young people in leadership training.
9. To encourage and provide facilities for the promotion of goodwill and confidence amongst mankind through fellowship.
10. To encourage young people to handle civic problems by arousing civic consciousness amongst the citizens.
11. To encourage and provide facilities for discussion of social, economic and cultural questions of local or national importance.
12. To encourage and provide facilities to help activities in sports.
13. To organize programs, seminars, conferences etc., in furtherance of all or anyone of the objects.
14. To donate or otherwise assist in any manner, any public charitable institution or public charitable objects, in-so-far-as such donations or assistance do not contravene any of the objects enumerated in this memorandum.
15. To spread education of all kinds, i.e. physical, technical and moral in any manner.
16. To grant medical aid to persons, without any distinction of caste and creed.
17. To grant relief in any form to destitute and orphaned persons and to the needy and poor persons who are physically challenged.
18. To establish and / or to maintain and / or to support sanitariums, convalescent homes, hospitals, dispensaries, maternity homes, clinics etc. and / or to contribute for the support of such institutions.
19. To establish and / or to maintain and / or to contribute towards the cost of buildings for any cultural activities of a public charitable nature.
20. To co-ordinate its activities with other associations, cultural or charitable institution which has as its objectives, any one or all of the above objects.
21. To establish and / or to maintain and / or to contribute towards cost of buildings for any purposes connected with the promotion of educational activities of the people.
22. To contribute or to subscribe or to donate to the Government or local institution such sum or sums on such terms and conditions for all or any of the objects herein.
23. To subscribe and / or to contribute and / or to donate to any public fund devoted to any public, national or charitable objects.
24. To give donation, contribution and subscription to any public, religious or charitable institutions having for their objects the alleviation of human suffering by spread of moral or spiritual education and / or for maintenance or protection or the relief of old, infirm, blind, lame, lepers or mentally ill, disabled or handicapped or otherwise diseased persons or poor persons or having any other objectives of public or charitable nature.
25. To spread education of any kind including technical, medical, arts, commerce, science, engineering, social, physical education by establishing and / or by promoting and / or by maintaining libraries, schools, colleges, research institutions for imparting of all and every kind of education and / or by giving grants, scholarships, and endowments to libraries, institutions, colleges and schools imparting such education and by contribution to or establishing and maintaining hostels.
26. To give donation to institutions which are doing the work of social, moral and spiritual uplift of the humanity and by helping or subsidizing books, periodicals, magazines and pamphlets and holding seminars, conferences which may contribute to the advancement of any object of the society.
27. To construct and / or maintain buildings for carrying out any cultural activities, which may have the effect of encouraging social welfare and emancipation.
28. To promote professional and commercial activities and develop national and international trade.
29. To promote high ethical standard in trade, business, profession, vocation, occupation etc.
30. To accept any donation and / or contribution either in cash or any kind, from any person, firm, company, institution or Government on such terms and conditions for such purpose and objects as are enumerated in this Memorandum.
31. To pay, out of the funds of the Society the cost, charges and expenses, preliminary and incidental to the formation, establishment and registration of the Society.
32. The income and property of the society, where ever derived shall be applied solely towards the promotion of the objects of the society as set forth in this Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly by way of dividends, bonus or otherwise, howsoever by way of profits to the members of the society, provided that nothing herein shall prevent the payment of salary or remuneration or reimbursement of expenses in good faith to any officers or servants of the Society or other persons in return for any services actually rendered to the Society.
33. To rent, purchase, lease, build or otherwise acquire for the use of the Society, suitable building or buildings, in the city/district in the Republic of India and to fit and furnish the same or make arrangements for the building or buildings being properly fitted and furnished.
34. To manage, conduct and carry on in the buildings purchased, leased built or otherwise acquired the business of the Society for the comfort and convenience of the members of the Society and visitors thereto.
35. To borrow any money required for the purpose of the Society upon such securities as may be determined.
36. To take any action necessary or conducive to the accomplishment of any of the above purposes. The objects set forth in any sub-clause of this clause shall not be in any way limited or restricted by reference to or interference from the terms of any other sub-clause or the objects therein specified or the powers thereby conferred shall be deemed subsidiary or auxiliary merely to the objects mentioned in the first sub-clause, of this clause but the Society shall have full powers to exercise all or any of the powers conferred by any part of this clause subject to the provisions of the Constitution and Policy Manual and directives of the General Body of JCI India. We, the several persons, whose names are subscribed below, are desirous of being formed into a Society under the Societies Registration Act XXI of 1860 in pursuance of this, Memorandum of Association and the certified copy of the Rules and Regulations of the Society.
Name & Address Occupation Signature
(All the persons to sign with complete details)
III. RULES AND REGULATIONS:
ARTICLE - 1
REGISTRATION
1.1 Registration -
a) This society shall be registered under the Indian Societies Registration Act, 1860.
b) The affairs of this Society shall be governed by the provisions as set out in its Memorandum of Association and in its Articles of Association, subject to the provisions of the Indian Societies Registration Act, 1860 and the rules framed there under.
1.2 Affiliation - This society must be affiliated to JCI India and it shall be governed by the Constitution of JCI India in force from time to time in so far as it affects and prescribes the functions of the chapter or the Local Organization Member (LOM) and in all other respects with the Constitution of this society.
1.3 Emblem - This society shall have an official emblem in royal blue color as illustrated below:
1.4 Oath -
(a) Individual Member:
The official oath to be administered to an individual member of the chapter shall be as follows: "I do solemnly promise that I shall faithfully serve the purposes of the Junior Chamber and shall at all times uphold its ideals and principles".
(b) Office Bearer:
All officers and officers-elect of the chapter shall be administered the oath as follows:
"I do solemnly swear that I will faithfully execute the office of (name of office) of (name of the Chapter) and will to the best of my ability serve as a living example of this organization’s philosophy and belief and will uphold and enforce the Constitution and Policy of this organization at all times".
ARTICLE - 2
MEMBERSHIP
2.1 Types - There shall be three types of membership in this society:
(a) Active Members. (b) Associate Members. (c) Honorary Members.
a) Active members: A person of good character and sound mind, who has paid his/her dues fully to the chapter and who is within the age limit of not less than eighteen (18) years and not more than forty (40) years can be a member of this society. Provided further, that membership shall continue until the end of the calendar year in which the person reaches (i.e. completes) the age of forty years except the person holding the office of Immediate Past President, who may serve in that capacity for not more than one year.
b) Associate Members: An active member, who has attained his/her 40th birthday and continues to take interest in the activities of the Chapter, subject to his/her payment of dues to the chapter as resolved by the General Body of the chapter from time to time.
c) Honorary Members: An individual, who has rendered outstanding services to this Society or who has rendered outstanding contribution in any field of human endeavor, may be conferred with Honorary Membership of the chapter by the Chapter Governing Board.
2.2 Fees - All applications for membership shall be on the prescribed application form of the chapter along with the entrance fees as resolved by the General Body of the chapter from time to time. Two active members of the chapter, as a Proposer and as a Seconder, shall forward every application form. The decision of the Chapter Governing Board regarding the admission of a member to the chapter shall be final and no reason needs to be given to the applicant for the rejection of any application of membership. Moreover, the chapter shall not place any undue restriction for any applicant other than those laid down in the Constitution of JCI India.
2.3 Dues - A member shall pay the dues as fixed by the General body of the Chapter from time to time. The annual dues shall be paid in one full installment or in two equal installments. The said dues must include the dues payable by an individual member to JCI India. An act of a chapter failing to pay the dues of an individual member payable to JCI India shall be construed as an act of misconduct of the chapter. Any member or his/her heirs shall not be absolved from liability to pay any amount payable to the chapter by him/her even after the termination of the said member.
2.4 Suspension -
a) A member shall be served with a show cause notice as to why his membership may not be suspended, if in the opinion of the Chapter Governing Board, he is not qualified or desirable for membership or is unfit for any reason to continue as a member of the Chapter.
b) The Secretary upon the direction of the Chapter Governing Board shall issue the show cause notice to the member giving 21 days time to the member from the date of the notice (either delivered personally or sent by registered post).
c) The Chapter Governing Board after considering the explanation of the member may suspend the said member by a ¾ majority vote.
2.5 Termination -
1. a) A member shall be served with a show cause notice as to why his membership may not be suspended, if in the opinion of the Chapter Governing Board, he is not qualified or desirable for membership or is unfit for any reason to continue as a member of the Chapter.
b) The Secretary upon the direction of the Chapter Governing Board shall issue the show cause notice to the member giving 21 days time to the member from the date of the notice (either delivered personally or sent by registered post).
c) The Chapter Governing Board after considering the explanation of the member may terminate the said member by a ¾ majority vote.
2. A member shall be terminated if he resigns from his/her membership of the chapter provided the Chapter Governing Board accepts the said resignation of the member.
3. A member shall automatically stand terminated if he/she dies.
4. A member shall be terminated if the member transfers his/her membership of the chapter to any other chapter in India. The member shall do so only after paying the full dues to the chapter to which he/she originally belonged to and on obtaining a clearance certificate from the said chapter.
2.6 Transfer - A member of a chapter shall transfer their membership to any other chapter in India after paying the full dues to the chapter to which he/she originally belonged to and on obtaining a clearance certificate from the said chapter. Having paid such dues and other arrears by the member to the chapter, the chapter shall necessarily issue the clearance certificate to the member. In case, the chapter fails to issue the clearance certificate to the member within 15 days of the receipt of the member's demand by a registered letter to the chapter, it shall be deemed that there is no objection from the chapter. The chapter to which the member has sought for transfer has to accept to take him/her as a member. This chapter shall pay Rs. 50/- as the transfer fee to JCI India for a member who has been transferred.
ARTICLE - 3
GENERAL BODY
3.1 Composition - The General Body of the chapter shall consist of all the members of the chapter. The General Body of the chapter shall be the supreme body of the chapter. It shall direct and guide the affairs of the Chapter and shall have all the rights and privileges not specifically assigned to the Chapter Governing Board of the chapter. The General Body of the chapter shall have the power to revise, alter or amend any decision of the Chapter Governing Board.
3.2 Meetings -
a) The General Body of the chapter shall meet periodically at least once in every month for the purposes of transacting general business or for carrying out any projects. The General Body of the chapter shall meet to consider a specific subject as decided by the ¾ majority decision of the Chapter Governing Board or at the written request of at least 20% of the active members of the chapter, within 2 weeks of the aforesaid decision or the receipt of the aforesaid request. In this extra-ordinary General Body meeting of the chapter, no other business other than the stated specific subject shall be transacted.
b) The General Body of the chapter shall meet within 30 days of the chapter Installation meeting to finalize the Annual Program Planning of the chapter and the same shall be circulated to all the members of the chapter within 10 days of the aforesaid General Body meeting.
c) The Annual General Body meeting of the chapter shall be held every year subject to the condition that the period between two consecutive Annual General Body meetings shall not exceed 15 months. The following business shall be transacted at the Annual General Body meeting of the chapter:
1) To approve the minutes of the previous Annual General Body meeting and any Extra-Ordinary General Body meeting of the chapter held during the year.
2) To approve the Agenda of the meeting.
3) To receive the Annual Report presented by the President of the chapter.
4) To approve the audited accounts of the year.
5) To approve the budget for the next year.
6) To appoint auditor/s and fix their remuneration for the next year.
7) To consider any amendment/s to the Constitution of the chapter.
8) To consider any motion if it is given, in writing to the Secretary of the chapter, by any member 15 days in advance of the date of the said meeting provided, the copies of such motion is circulated to all the members of the chapter by the Secretary within 7 clear days prior to the convening of the said meeting.
d) An annual election meeting of the chapter shall be conducted at least 30 days prior to the National Convention of JCI India. At the annual election meeting of the chapter, the active members of the General Body of the chapter shall elect the officers constituting a Chapter Governing Board.
e) The Secretary of the chapter shall issue the notice of the Annual General Body meeting/Annual Election meeting of the chapter, to all the members, 21 clear days prior to the convening of the said meeting. The Secretary of the chapter shall issue the notice of the General Body meeting to all the members 5 clear days prior to the convening of the said meeting. Any notice shall be sent by ordinary post to all the members of the chapter at their addresses as found in the records of the chapter. Accidental non-receipt of a notice by any member shall not invalidate any meeting. The notice for an Annual General Body meeting or an Extra-ordinary General Body meeting or an Election meeting shall be sent by certificate of posting to all the members of the chapter.
f) A quorum for all the General Body meetings, apart from a non-business nature meeting, is the presence of 30% of the active members of the chapter. If no quorum is present within 30 minutes of the scheduled time of the Annual General Body meeting, then the meeting will stand adjourned. The Chairman of the meeting then shall fix the date, time and place for the adjourned meeting, which is to be held within seven days of the adjourned meeting after due notice. Then the members of the chapter present shall proceed with the meeting, even if they do not constitute a quorum. If no quorum is present within 30 minutes of the scheduled time for an Extra-Ordinary General Body meeting, then this meeting shall stand dissolved forthwith.
g) Any meeting may be adjourned by the Chairman of the said meeting with the consent of the 3/4th of the members present to fix the time and venue of the said meeting for any unfinished business, provided the said meeting is held within seven days after due notice.
h) Every active member of the chapter, who has no financial obligations to the chapter, shall have the right to vote. Associate and Honorary members of the chapter shall have no voting right.
i) The President shall chair all the meetings of the chapter. In the absence of the President at a meeting, the Immediate Past President shall chair the meeting. In the absence of the President and the Immediate Past President of the chapter, the members of the chapter present shall elect a Chairman from any one of the Vice Presidents of the chapter at the meeting. In the event of all the aforesaid persons remaining absent at the meeting, the members present shall elect a member from amongst themselves to act as the Chairman of the meeting.
3.3 Powers-The General Body of the chapter by a majority decision shall revoke any suspension/termination of a member of the chapter. Provided the said member executes his/her right to appeal to the General Body of the chapter by a written requisition to the Secretary of the chapter within 21 days of the aforesaid suspension/ termination. Further, if the member of the chapter fails to execute the aforesaid right to appeal within 21 days of the aforesaid suspension/termination, the member of the chapter loses the aforesaid right to appeal and shall be suspended/terminated from the chapter forthwith. In this case, the Secretary of the chapter shall convene the extra-ordinary General Body meeting of the chapter within 21 days of the receipt of the aforesaid requisition of the aforesaid member.
ARTICLE - 4
ELECTIONS
4.1 Elective Offices - 1 President, 3 Vice Presidents of equal rank, subject to the maximum of 5 Vice Presidents, 1 Secretary, 1 Treasurer and Directors of equal rank in the ratio of 1 Director for every 10 active members, with a minimum strength of 3 Directors, shall be the elective offices of a chapter.
4.2 Qualifications -
An active member of the chapter, with voting rights, can only be a candidate for an elective office of the chapter. No candidate for an elective office of the chapter shall be eligible to contest the elections of the chapter if he/she ages 40 years before the 1st day of January of the year, for which the office has been sought for.
4.3 Nominations -
a) All nominations for an elective office of the chapter shall be made in the form as prescribed under Schedule 1.
b) All nominations for an elective office of the chapter should reach the Chairman of the Nomination Committee of the chapter, in a sealed cover, at least 10 days prior to the date of the election of the elective office. In case, however, insufficient nominations are received for any elective office, the same will be kept open and such nominations can be made on the floor of the election meeting of the chapter. In such cases, the candidates whose nominations have been received within the deadline will be declared elected, provided their nomination form is in order. The election, if it becomes necessary, shall be held for the remaining posts only from among the candidates who had filed the valid nomination during the extended deadline. c) The Immediate Past President of the chapter shall be the Chairman of the Nomination Committee for the annual elections of the chapter. The Chapter Governing Board shall appoint the members on the Nomination Committee. The strength of the Nomination Committee shall not be more than three and shall be in the chronological order of Past Presidents of the chapter, starting from Immediate Past President, subject to their availability. The Nomination Committee shall examine the eligibility and qualification of all the nominations for the elective office of the chapter and shall circulate the list of nominations, with their status, to all the members of the chapter within 3 days of the deadline of the receipt of the said nominations along with the list of active members of the chapter having voting rights. If vacancy arises for any reasons, the President of the chapter shall appoint the Chairman/members of the Nomination Committee from one of the Past Presidents of the chapter, as the case may be. In the case of chapters, who do not have the requisite Past Presidents in their chapter, the Chapter Governing Board shall appoint the Nomination Committee members of the chapter from amongst its members. The Nomination Committee of the chapter shall frame the rules and regulations governing the elections of the chapter without contravening any clause in this Constitution.
4.4 Ballot - The voting shall be by secret ballot. All those candidates getting the highest number of votes shall be declared elected for the office they had sought for. In the event of a tie, the election shall be decided by drawing lots.
ARTICLE - 5
CHAPTER GOVERNING BOARD
5.1 Composition - The Chapter Governing Board shall be comprised of the following members: a) Elected officers as per Article 4.1; b) Immediate Past President; c) Co-opted members.
5.2 Assumption of office - No officer, elected or appointed, shall assume office without the oath of office being administered to him/her. The Chapter Governing Board member shall assume office on the day of their installation at a meeting or the first day of calendar year, whichever is later. The Chapter Governing Board member shall be in office till the installation of the newly elected Chapter Governing Board member or the end of the calendar year, whichever is later.
5.3 Remuneration - All members of the Chapter Governing Board shall serve without any remuneration.
5.4 Conflict of office - No member of the Chapter Governing Board shall hold two elective offices simultaneously.
5.5 Powers -
a) The Chapter Governing Board shall decide the place of the office of the chapter from time to time. b) The Chapter Governing Board shall assign individually the five areas of opportunity to the Vice Presidents as follows: Management; Training; Public Relations; Resources and Business and other assignments among the other members of the Chapter Governing Board.
c) The Chapter Governing Board shall manage, supervise, delegate and appoint any paid staff for conducting the affairs of the Chapter. It shall exercise, on behalf of the Chapter, all such acts or things required for the chapter, which are not covered by the Constitution or other laws binding on the Chapter.
d) The Chapter Governing Board shall execute, implement and carry out the directives as laid down herein in accordance with the objectives and the Constitution of this chapter.
e) The Chapter Governing Board shall meet at least once in a month and shall supervise and review the performance of the members of the Chapter Governing Board and shall decide on bidding for any Zone or National events of JCI India.
f) The Chapter Governing Board shall strictly adhere to all the forms, procedures, rules, systems and other provisions contained in the Constitution and Policy Manual of JCI India.
g) The Chapter Governing Board shall carry out the objects of the Chapter as specified in this Constitution and shall take every step, which may be necessary for the general welfare and conduct of the Chapter. It shall decide to execute, sign, seal, deliver or cause to be executed, signed, sealed and delivered all such arrangements, deeds, documents and assurances as may be necessary to carry out the objects of the chapter.
h) The Chapter Governing Board shall define the duties and responsibilities of its members, if found necessary.
i) The Chapter Governing Board may appoint/suspend/remove, on a permanent or a temporary basis, any staff of the chapter. It shall determine their functions and shall fix their salaries/wages/emoluments.
j) The Chapter Governing Board shall sanction all the expenditures of the chapter, failing which the ratification shall be obtained in the Chapter Governing Board meeting within 30 days of the incurred expenditure.
5.6 Vacancy - A vacancy may occur in the Chapter Governing Board due to death, permanent physical disability, resignation, removal or by any other disposition of a member of the Chapter Governing Board. Any vacancy in the Chapter Governing Board shall be filled up by the remaining members of the Chapter Governing Board, except the office of the President of the chapter, for the unexpired period of the term. However, if the vacancies are more than 1/3rd of the total strength of the Chapter Governing Board, fresh elections shall be held to fill up the vacancies. If a vacancy occurs in the office of the President, the Immediate Past President of the chapter shall function as the President of the chapter for the unexpired period of the term, provided this period is less than six months. If the unexpired period of the term is more than six months, a fresh election for the office of the President of the chapter shall be held within 30 days from the date of the occurrence of the vacancy. This election shall be conducted following the procedures laid down under Article 4 of this Constitution. The Chapter Governing Board may continue to exercise its powers, even if vacancies exist. But, the number of members of the Chapter Governing Board shall not, at any point of time, fall below 2/3rd of its strength.
5.7 Termination -
a) A member of the Chapter Governing Board shall forthwith be terminated from the Chapter Governing Board upon being convicted of a cognizable criminal offence or on being declared as insolvent or on becoming insane.
b) A member of the Chapter Governing Board, who fails to attend any meeting of the Chapter Governing Board without proper explanation of his absence acceptable to the Chapter Governing Board, shall be deemed to have resigned from the Chapter Governing Board.
c) A member of the Chapter Governing Board shall not continue to be a member of the Chapter Governing Board, if he/she has been expelled as a member of their Chapter. Provided further, that a member ceases to be the member of the Chapter Governing Board after the satisfaction of the Chapter Governing Board on the bona fide nature of expulsion of the said member.
d) A member of the Chapter Governing Board, who fails to meet the minimum standards of performance, can be terminated from the Chapter Governing Board by a two-thirds (2/3) majority vote of the total members of the Chapter Governing Board at the meeting of the Chapter Governing Board only.
e) Any member of the Chapter Governing Board, who has committed an act, which is repugnant to the interests and prestige of the organization, can be terminated at a meeting of the Chapter Governing Board, provided that the member concerned shall be given sufficient opportunity of being heard before any action is taken under this provision. Not withstanding anything contained in any other provision of this Constitution, any termination made by the Chapter Governing Board in accordance with the provision of this Article shall be final and binding on all concerned.
f) A member of the Chapter Governing Board shall cease to hold office on their resignation being accepted by the Chapter Governing Board. The Chapter Governing Board shall accept or reject the resignation either at the Chapter Governing Board meeting or through a mail ballot within one month of the receipt of the resignation letter from the concerned member by the Secretary of the chapter, failing which, the resignation shall be deemed to have been accepted by the Chapter Governing Board.
5.8 Meetings -
a) The Chapter Governing Board shall endeavor to meet at least once in every calendar month. The Secretary of the chapter shall convene the meeting of the Chapter Governing Board with a notice of 7 days prior to the convening of such a meeting.
b) The quorum required for any meeting of the Chapter Governing Board is 50% of the members of the Chapter Governing Board strength.
c) Any motion arising out of any meeting of the Chapter Governing Board shall be decided by a majority of votes. In case of equal division of votes, the Chairman shall have a casting vote, provided the Chairman has already voted along with others.
d) A meeting of the Chapter Governing Board could be called at the request of at least one third of the members of the Chapter Governing Board.
e) The President shall chair all the meetings of the Chapter Governing Board. In the event of the President being absent at the meeting of the Chapter Governing Board, the Immediate Past President shall preside over the meeting. If the President and the Immediate Past President are absent at a meeting of the Chapter Governing Board, then the members of the Chapter Governing Board shall elect one of the Vice Presidents to chair the meeting.
5.9 Transfer of Records -
a) It shall be the duty of every officer of the chapter to transfer all their available records of the chapter to their immediate successor or to the Secretary of the chapter at the time of laying down their respective offices.
b) The officer of the chapter failing to transfer the records as required shall be liable for any disciplinary action against him as the Chapter Governing Board may deem necessary in the circumstances of the case.
ARTICLE - 6
FINANCE
6.1 Period - The accounting year of the chapter shall be the Calendar year ending on December 31.
6.2 Budget - The annual budget of the chapter shall be approved by the General Body of the chapter within 45 days of the installation meeting of the chapter and the same shall be circulated to all the members of the chapter within 10 days of the passing of the said budget of the chapter.
6.3 Accounts - All the funds and other assets of the chapter shall be held in the name of the chapter. The funds of the chapter shall be kept in an account with a nationalized bank. The Treasurer and either the President or the Secretary should operate the account jointly. The Treasurer shall maintain the accounts of all the income and expenditure heads on behalf of the Chapter.
6.4 Audit - The accounts of the chapter shall be audited by certified auditor/s appointed at the Annual General Body meeting of the chapter. The Treasurer shall prepare the accounts in the form of Balance Sheet and Income & Expenditure Account of the accounting year last concluded for certification by the auditor/s. The certified copies of the accounts statement shall be forwarded to all the members of the chapter, 15 days prior to the Annual General Body meeting for adoption or at such extended time as the General Body of the chapter may decide. The audited accounts of the previous year duly adopted at the Annual General Body meeting of the chapter shall be sent to the National Secretariat within one month of the said meeting, failing which the President, the Secretary and the Treasurer of the chapter shall be held liable for legal proceedings initiated by JCI India.
ARTICLE - 7
POWERS AND DUTIES OF OFFICERS
7.1 PRESIDENT-
a) He shall preside over all the meetings of the chapter.
b) He shall ensure the adherence of the chapter to all the JCI India policies and objectives and shall protect the Constitution of JCI India and of his/her chapter.
c) He shall supervise the activities of the chapter and shall manage the affairs of the chapter under the advice of the Chapter Governing Board.
d) He shall act as number one Public Relations person of the chapter.
e) He shall represent the chapter in all the other bodies.
f) He shall report to the General Body of the chapter on the actions taken based on the directives of the Constitution, Policy Manual and resolutions of the General Body of the chapter.
g) He shall supervise the administrative personnel of the chapter.
h) He shall call for an emergency meeting of the Chapter Governing Board in exceptional circumstances.
i) He shall present an Annual Report to the Annual General Body meeting of the chapter.
j) He shall be the Chief Delegate at the National Convention, Zone Conference and other meets of the Jaycees representing the chapter. In his absence, he/she shall appoint an active member of the chapter to act as the Alternate Chief Delegate with the approval of the Chapter Governing Board.
7.2 VICE PRESIDENT-
a) He shall discharge such responsibilities as may be assigned by the President from time to time.
b) He shall coordinate the activities and shall report to the President and the Chapter Governing Board on the matters concerning his/her portfolio.
c) He shall function subject to the overall supervision of the President and the Chapter Governing Board.
d) He, who is in charge of the MANAGEMENT PORTFOLIO, shall have under him the following Committees, with LOM management in general: Membership Extension and Consolidation Committee, Internationalism Committee, Ways and Means Committee, Economic Affairs Committee, Records and Recognition Committee.
He shall promote the attendance of the members of the chapter at the Zone Conference, all the Zone Events, National Convention, and other National events of JCI India and shall coordinate the necessary arrangements for the same. He shall also be in charge of coordinating the National and Zone Officer visits to his chapter.
e) He, who is in charge of the TRAINING PORTFOLIO, shall have under him the Leadership Development Committee and the Youth Activities Committee. He shall promote all the Zone level and National level training events amongst the members of the chapter.
f) He, who is in charge of the PROGRAMS PORTFOLIO, shall have under him the following committees: Community Development Committee, Public Relations Committee and the National Program Committee.
g) The above portfolios apart, if the chapter opts to have two more Vice Presidents then: One Vice President shall be in charge of the BUSINESS PORTFOLIO with the Economic Affairs Committee and the Ways & Means Committee under him/her. The other Vice President shall be in charge of the GROWTH & DEVELOPMENT PORTFOLIO with the Membership Extension and Consolidation Committee under him/her.
7.3 SECRETARY-
a) He shall discharge such responsibilities as may be assigned by the President from time to time.
b) He shall coordinate the activities and shall report to the President and the Chapter Governing Board on the matters concerning his/her portfolio.
c) He shall function subject to the overall supervision of the President and the Chapter Governing Board.
d) He shall convene all the meetings of the chapter with due notice to the members of the chapter.
e) He shall be responsible for keeping a permanent record of the minutes of all the meetings of the chapter. The minutes of such meetings, except that of the Chapter Governing Board meeting, shall be open to inspection by the members of the chapter at all the business hours.
f) He shall be responsible for all the internal correspondence of the chapter and shall be in charge of the membership register, attendance register, minutes, books, properties and assets belonging to the chapter.
g) He shall inform the government bodies of the chapter membership profile.
7.4 TREASURER-
a) He shall discharge such responsibilities as may be assigned by the President from time to time.
b) He shall coordinate the activities and shall report to the President and the Chapter Governing Board on the matters concerning his/her portfolio.
c) He shall function subject to the overall supervision of the President and the Chapter Governing Board.
d) He shall be responsible to collect the membership dues from the members of the chapter including issuance of notices to the members of the chapter for the remittance of their dues.
e) He shall deposit in the bank all the cash receipts within 2 days of its receipt by him.
f) He shall be responsible for keeping a permanent record of the books of accounts of the chapter and shall present a report, inclusive of the annual budget, to the Annual General Body meeting of the chapter.
g) He shall present a report on the financial affairs of the chapter to all the Chapter Governing Board meetings.
h) He shall be responsible for all the disbursements and collections of money of the chapter, under the direction of the Chapter Governing Board, and shall be in charge of the bank transactions, account-books, passbooks, chequebooks and all other financial aspects of the chapter.
7.5 Director -
a) He shall discharge such responsibilities as may be assigned by the President and the Vice President from time to time.
b) He shall function subject to the overall supervision of the President, Vice President and the Chapter Governing Board.
c) He shall be assigned with a Committee, as found in Article 7.2, and shall present the recommendations to the Chapter Governing Board.
d) He shall promote, co-ordinate and supervise the local activities, within the terms of reference of the assigned committee, and shall be responsible for the implementation of the projects of the chapter.
ARTICLE - 8
PROTOCOL
In any regular meeting of the chapter: the President, the Immediate Past President and the Secretary shall occupy the seats on the dais. In any public function conducted by the chapter: the President, the Immediate Past President and the Secretary of the chapter, the present or past JCI India officers/invited dignitaries and the concerned Project Chairman shall occupy the seats on the dais.
ARTICLE - 9
GENERAL
9.1 Portfolio - The activities of the chapter shall be grouped into three portfolios: (i) Management, (ii) Training (iii) Programs. The chapter can have additional two portfolios: (i) Business and (ii) Growth & Development.
9.2 Rules of Procedure - The business of the chapter shall be conducted according to its Constitution and Policy Manual and where otherwise not provided, the Robert's Rules of Order (latest version) shall govern it.
9.3 Amendments - This Constitution may be amended by 3/4th majority of votes of the members at a General Body meeting of the chapter, provided the proposed amendments were circulated to all the members of the chapter at least seven days of the aforesaid meeting. Further, any amendment shall not be in variance of the Constitution and Policy Manuals of JCI India.
9.4 Legal -
a) The chapter shall sue and be sued only in the name of its President.
b) No member of the chapter shall be entitled to go to any court of law or to commence any proceeding in connection with the activities of the chapter, without exhausting the remedies as provided in this Constitution.
c) All matters in dispute between the members of the chapter and all disputes arising out of or in relation thereto shall be referred to Arbitration by a Tribunal of Arbitration to be selected by the Chapter Governing Board. The chapter and or otherwise its members shall be bound by the decision of the above Tribunal of Arbitration. The decision of the above Tribunal of Arbitration shall be final.
d) Any committee appointed by the General Body for the purpose or, in the absence of any such committee, the Chapter Governing Board shall be entitled to frame laws or byelaws relating to the procedure of the Tribunal of Arbitration to any matter arising out of such disputes. In case, no such laws or byelaws are framed, the Tribunal of Arbitration shall be entitled to frame its own procedures.
e) In the event of disputes and/or differences arising between a member and a chapter or between the chapter and another chapter, the same shall be dealt with as found in Article 9.3 of the Constitution of JCI India.
9.5 Waiver - Any article of this Constitution may be waived by a unanimous vote of the General Body of the chapter provided that 4/5th of the total members of the chapter are present and have participated in the above vote. Provided further, the waiver should not be in variance of the procedures as laid down in the Constitution and Policy Manuals of JCI India.
9.6 Dissolution -
a) The chapter (this society) may be dissolved if 3/4th of all the active members of the chapter decide for such dissolution by being present at the General Body meeting of the chapter convened specifically for this purpose. If upon the dissolution of the chapter, after satisfaction of all its debts and liabilities, any assets whatever, the same shall not be paid to or shall be distributed among the members of the chapter, but shall be donated to JCI India, which has the similar objectives of this society. The society shall be dissolved as per provisions laid down under Article 10 and 11 of the Societies Registration Act, 1860.
b) If upon the dissolution of the chapter (this society) or if upon the disaffiliation of the chapter (this society) by JCI India, any assets whatever, the same shall not be paid to or shall be distributed among the members of the chapter, but shall be donated to JCI India, which has the similar objectives of this society.