MEMORANDUM OF ASSOCIATION
[ BIRLA ]1 HIGH SCHOOL ALUMNI
1. [The name of the Society originally as Hindi High School Alumni shall now be known as Birla High School Alumni]1.
2. [The Regd. office of Birla High School Alumni will be situated at 1, Moira Street, Kolkata – 700 017 instead of 5/2, Commissariat Road, Hastings, Calcutta 700 022]1.
3. The objects for which the Society shall be established are:
a) To spread education and for achieving the said project to establish, maintain, run, develop and improve, extend, grant education and assist in the establishment, maintenance, running, developing, improving, extension of schools, college, workshop, industrial and technical school, institution for the permission of agricultural hostel for the benefit of out-station student, maintain agricultural farms, for the benefit of the poor.
b) To establish, maintain or acquire library or libraries for the benefit of the student community.
c) To institute and award scholarship in India for the Higher study, research and apprenticeship for all or any of the aforesaid educational purposes.
d) To establish, maintain, run, develop, improve, extend, grant donation for and to aid and assist in the establishment, maintenance, running, developing, improve and extension of hospital, clinics, x-ray plants, dispensary, Maternity houses, recreation centre and all similar institutions as will afford treatment to alleviate human suffering.
e) To conduct poor feeding and generally give food and raiment to the poor, needy and disabled persons, and to afford/provide relief to people in distress due to natural calamities, accident, earthquake, flood, famine and conduct or grant donations for the support of orphanages and welfare institutions.
f) To carry on community development for the upliftment of the economically weaker sections of the society and also construct and develop community centres or halls for carrying on such activities to provide food, shelter, clothing, medical care and education for the needy.
g) To acquire, establish, start, aid, run, maintain or manage schools, libraries, hospitals for the benefit of the public.
h) To arrange and organise lectures, debates, discussions, seminars & excursions for the diffusion of knowledge.
i) To publish or cause to be published useful literatures, papers, magazines, books [and also electronic media]1 etc.
j) To study, cultivate and demonstrate the art of music and dancing.
k) To promote and encourage advancement of literary, cultural, political, religious, scientific and technical education.
l) To help the needy students of all communities for the promotion of studies.
m) To collect and preserve manuscripts, paintings, sculptures, works of art, antiquities, natural history specimens, mechanical and scientific instruments and designs.
n) To [provide financial and medical assistance to the aged ex-Teachers of the School and]2 help the aged, sick, helpless and indigent persons.
o) To alleviate the sufferings of animals.
p) To engage and assist in such other philanthropic activities as may be deemed appropriate by the Governing Body of the Society.
q) To collect donation and subscriptions for the purposes of the society.
r) To construct, maintain, improve, develop and alter any building, houses or other works necessary or convenient for the purposes of society.
s) To do all such things as may be deemed incidental or conductive to the attainment of the foregoing objects.
t) To establish and manage trusts and endowment funds for charitable and philanthropic purpose.]1
ASSETS & INCOMES:
4. If upon dissolution or winding up of the society there remains after satisfaction of all debts and liabilities any property whatsoever the same shall not be paid to or distributed among the members of the society but to establish give or transfer to some other institution or institutions having object similar to those of the society to be determined by the Board of 3/4th of the members of the society for the time being present personally at the time of dissolution or in default thereof by the Court having jurisdiction in the matter.
5. No portion of the income and property of the society shall be paid, applied or transferred directly or indirectly by way of dividends, bonus or otherwise howsoever by way of profit to any member of the society or any person claiming through any of the members PROVIDED THAT nothing hereto contained shall prevent the payment in good faith or remuneration or reward to any officer, employee or servant of the society or any member of the society or other persons in return for any services actually render to the society.
6. The management and control of the affairs of the society and/or of the branches of the society shall be carried on in accordance with the Articles of the society and/or the rules and bye-laws and regulations framed by the Governing Body for the said purpose [and duly passed by the General Members]2.
7. The names, address and descriptions of the members of the [First]3 Governing Body :
NAME ADDRESS DESCRIPTION
(1) Mr. I V SHARMA Hindi High School President
1, Moira Street,
Calculta - 700017
(2) Mr. DEEPAK BAHL Hotel Hindustan International Vice-President
235/1, A. J. C. Bose Road,
Calcutta - 700020
(3) Mr. M K PANT P-837 Block P, New Alipur Secretary
Calcutta - 700053
(4) Mr. PREM RAJPAL C/o, IISCO LId. Addl. Secretary
50, Chowrlnghee Road,
Calcutta - 700071
(5) Mr. R N VAJPEYI 5A, SOPAN APTS, Treasurer
638 Bright Street
Calcutta - 700019
(6) Mr. K K KHANDELWAL 4/1, Leonard Road. Hastings Member
Calcutta - 700022
(7) Dr. TRILOCHAN SINGH 36, Palm Avenue Member
Calculta - 700019
(8) Mr. BIMAL AGARWAL 3/1. Diamond Harbour Road Member
Calcutta - 700023
(9) Mr. NEELESH CHOUDHURY 10, Old Post Office Street Member
Calcutta - 700001
(10) Mr. D K OBEROI 1, Merlin Park, Flat No 5A Member
Calcutta - 700019
(11) Mr. S GANGULY C/74, Bangur Avenue Member
Calcutta - 700055
(12) Mr. S MANTRI 78, Manohar Pukur Road Member
Calcutta - 700029
(13) Mr. SANJIV KUMAR TULSIAN 36, Lal Bazar Street Member
Calcutta - 700001
SIGNATGURE : Debbrata Ganguly
ADDRESS : 10, Old Post Office Street, Calcutta - 700001
OCCUPATION : Advocate, High Court
Dated this Nineteenth day of June, 1995.
REGULATIONS OF ASSOCIATION
[ BIRLA ]1 HIGH SCHOOL ALUMNI
1. (a) The signatories to the Memorandum of Association of the Society shall be first members of the Society.
(b) The Executive Committee/Governing Body may admit to membership [only ex students of Birla High School formerly known as Hindi High School, exclusively and who]2 agree in writing to be bound by the Memorandum of Association and Regulations of the Society and who in the opinion of the Governing Body will be interested in advancement of the object of the Society.
Be it noted here that the power to admit members is the sole and absolute power of the Governing Body and the Governing Body may refuse to admit any person as a member without assigning any reason therefore. .
2. There will be two types of member :
(a) Honorary Member : Any [ex student of Birla High School formerly known as Hindi High School]3, whose connection with the Society is deemed to be useful, may with the consent of such person be elected as Honorary member of the Society. Such member shall not, however, be eligible to be member of the Governing Body nor shall be entitled to vote in any meeting.
(b) [Life]4 Member : Any [ex-student of BHS formerly known as Hindi High School,]3 qualified to be a member and paying prescribed [life]4 membership fee may be admitted as [life]4 member of the Society
3. Cessation of Membership: Any member shall cease to be a member--(a) on his resignation from membership by a letter addressed to the Secretary, (b) on his becoming insane or insolvent, (c) on his conviction of any offence in connection with the formation, promotion, management or conduct of affairs of a society or a body corporate of any offence involving moral turpitude.
4. Register of Members: The society shall maintain a Register of members containing the names, addresses and their occupations, the date of cessation. The Register will be kept open for inspection of the members of society on requisition. [Alternatively the membership list shall be maintained on the computer owned by the society]5.
5. Rights and obligation of members:
(a) Any member of the society has the right to be elected in any election of the society.
(b) To submit suggestion for discussion to the Governing Body and sub-committee on any matter.
(c) To inspect the accounts of the society on appointment with the Secretary.
(d) Forego his membership after due information in writing to the Governing Body.
(e) To pay his subscription within the prescribed time.
(f) Defaulting members shall not be allowed to take part or vote in a meeting.
(g) Members shall have one vote each.
6. Expulsion of Members :
Frequent action of any member if found by the Governing Body detrimental to the interest and is in violation of the rules and regulations of the Society, he may be after due enquiry, censured, suspended or expelled from the membership by the Governing Body. In that case the Governing Body shall first serve the members concerned with a show cause showing therein the charge framed and ask him to submit his statement of defence within a month. On receipt of the explanation the Governing Body shall have the power to take a suitable action against the delinquent member after allowing him to defend his case. If no reply to the show cause notice is received within a month, the Governing Body may take an exparte decision.
For any act of expulsion or termination no such member shall be entitled to prefer any claim for compensation or damage even if proved on subsequent date that such act of expulsion or termination was wrongful and or unlawful. GOVERNING BODY :
1. Composition and Election : There shall be Governing Body consisting of not less than 5 and not more than 13 members and will be composed of the [ …. ]1 Elected Members. [The Chairman/Chairperson will be in addition to these 13 members. The Governing Body shall co-opt maximum of five past vice-president/president and will have the power to co-opt any alumni member at any time during the year subject to a maximum of 5 in addition to the above.]2. Elected Members shall be elected at the annual general meeting of the Society. The Office bearers of the Governing Body shall consist of President, Vice-President, Secretary, Assistant Secretary and Treasurer. [...]3.
2. Termination of membership: A member of the Governing Body shall cease to be a member of the Governing Body if :
(a) he resigns by letter addressed to the Secretary,
(b) he absents himself from three consecutive meetings of the-Governing Body without any leave or without any reasonable ground.
(c) he is convicted of any offence in connection with the formation, promotion, management or conduct of the affairs of a society or of a body corporate, or of any offence involving moral turpitude.
3. A meeting of Governing Body shall be held at least once in three months at such place and time as the Secretary [ ... ]1 may determine. Any five members of the Governing Body may requisition the meeting of the Governing Body and the Secretary shall summon the same within seven days and failing which the [ …. ]2 President or the requisitionists may do so provided no business other than specified in the notice shall be transacted at such meeting.
4. Seven-days' notice of the meeting specifying the place, time and general nature of work and business to be transacted shall be given to every member of the Governing Body. Emergency meeting may be called on 24 hours notice. Four members personally present shall constitute a quorum for the meeting and if a quorum is not present within 30 minutes of the time members present adjourn the meeting.
PROCEDURE OF THE MEETING :
5. [The President / The Vice-president or in their absence the Secretary shall preside over all meetings of the Governing Body. All questions before the meeting will be decided by a majority of votes, each member having one vote. The President shall have a second or casting vote in addition to his own vote in the case of equality of votes]3.
POWERS AND DUTIES OF THE GOVERNING BODY :
6. The Governing Body shall have general power of supervision and conduct over all the affairs of the society and in particular shall discharge the following duties :
(i) To summon the Annual General Meeting of the society.
(ii) [The Governing Body may from time to time appoint sub-committees consisting of members and/or non-members as and when necessary and assign to them such duties and delegate to them such powers as the Governing Body may deem proper. Each of the sub-committees shall be responsible to and work under the general control and direction of the Governing Body and shall be guided by the Rules, Regulations and Bye-laws generally applicable to the sub-committee except where otherwise specified by the Governing Body. Such sub-committee shall function for such time, unless dissolved earlier, as the Governing Body may decide. The Governing Body may nominate any of its members to be ex-officio members of all sub-committees.]1
(iii) To accept donation, gift, subscription, moveable or immovable properly for the objects of the society.
(iv) To sell, lease, mortgage or otherwise dispose of and deal with all or any part of the property of the society as deemed necessary, or expedient for the purpose of the society after getting due approval of the General Body for amount exceeding above Rs 10,000/-.
(v) To keep proper accounts of the society and to open bank account in the name of the society in one or more of the banks. Bank accounts will be operated by the [the President or the Secretary jointly with the Treasurer whose signature is must.]2
(vi) [The Governing Body may elect such eminent people as it thinks fit as Patrons of the Society.]3
SAFE CUSTODY OF FUNDS :
1. The Governing Body [ …. ]4 of the Society shall be responsible for the safe custody of the funds and assets of the society.
2. The funds of the Society shall be kept in some Nationalised [/ large national level private]5 Bank and be invested in any securities specified under section 20 of the Indian Trust Act, 1882.
BOOKS OF ACCOUNTS & INSPECTION OF :
The books of accounts and other statutory books shall be kept at the Registered Office and shall be open to inspection of the members of the Governing Body during usual office hours, and the same shall be open to inspection of the members at such time and place as the Governing Body directs on a written request made by any member.
ACCOUNTING YEAR :
The accounting year of the society shall be [the Indian Government Financial Year i.e. April to March]1.
ANNUAL GENERAL MEETING :
The Secretary shall annually call the Annual General Meeting within [three months but in any case not later than six months]2 from the end of the last financial year. [The election on the Governing Body will be held once every two years. The notice for this AGM shall be given at least 21 days before the date of the AGM. Fifteen members present in person shall form the quorum.]3
The business to be transacted at the Annual General Meeting shall be :
a) To confirm the minutes of the last Annual General Meeting, and of special general meetings, if any.
b) To adopt with or without modification the report of the working of the society for the previous year ended.
c) To pass audited accounts for the said year.
d) To appoint qualified Auditor or Auditors.
e) To transact such business as may be fixed by the Governing Body.
f) To transact such other business as may be brought forward by giving 14 days' previous notice from any member .
g) [To conduct general election to elect Governing Body and office bearers once every year. The office bearers shall not be permitted to hold their office for more than two consecutive terms w.e.f. the year 2010-2011, in the same post. In case of any vacancy of any office bearer caused by any reason whatsoever the Governing Body shall fill that vacancy from amongst themselves.]3
SPECIAL GENERAL MEETING :
A Special General Meeting may be convened by the Governing Body at any time in view of urgency of the matter. At least 14 days' notice shall be given for special general meeting.
[Life]1 Members may request the Governing Body for Special General Meeting by placing a requisition signed by one third [life]1 members. In that case the Governing Body shall convene a special general meeting within a month from the receipt of such notice. In default by the Governing Body the require members shall hold such meeting, provided no business other than that specified in the notice shall be transacted.
EXTRA-ORDINARY GENERAL MEETING :
The Governing Body may direct to convene an Extra-ordinary general meeting for consideration of addition, alteration or amendment of the regulation of the Society. 21 days' notice along with the proposed draft of change shall be sent to members before the meeting. The resolution for change amendment etc, of the Regulation be carried out it accepted by the three fourth of the members present at the meeting.
Appointment of the Chairman :
The principal of Birla High School shall always be the Chairman / Chairperson of the Society as long as he / she hold the Principal’s Post]1.
DUTIES OF OFFICE BEARERS :
a) He shall look after the affairs of the Society and give his valuable suggestions and guidelines to achieve the main objects of the society.
b) [shall preside over all meeting of the Society]1.
c) [take all disciplinary actions such as removal, dismissal etc. In consultation with the Governing Body]1.
Vice President :
[He will assist the President in carrying on his duties and chair the meetings in his absence]1.
a) [ …. ]2.
b) [ …. ]3.
a) He shall convene all meeting of the society.
b) maintain minute books of all meetings.
c) issue general circulars and notice.
d) receive all applications for membership of the society which shall be placed before the Governing Body.
e) sign on behalf of the society all receipts for all sums received as subscriptions etc.
f) sign and give pay order on all bills for payments and
g) transact all other business subject to the direction of the Governing Body.
a) He shall collect and receive all sorts of subscriptions, donations and deposit of money and grant receipts thereof.
b) maintain and keep cash book and such other accounts as are necessary and
c) operate bank account jointly with the [President]1, or Secretary.
Past Presidents & Vice-Presidents :
Past Vice-Presidents (before 2004) and Past Presidents (from 2004) shall be co- opted in the Governing Body subject to maximum of five. They will be nominated by the Governing Body]2.
SUIT & LEGAL PROCEEDINGS :
All suits and legal proceedings by or against the Society shall be in the name of the Secretary or by such person as shall be appointed by the Committee for the occasion.
ALTERATION OF RULES & REGULATIONS :
The Rules and Regulations as may be altered, modified, rescinded or added to by special resolutions passed by the members in general meeting called for the purpose by three-fourths majority of the members present at such meeting.
DISSOLUTION OF SOCIETY :
The Society may be dissolved by a resolution to that effect passed by three fourths of the members of the society present at a general meeting. The said meeting shall also decide the manner of disbursement of the funds and assets of the Association, if any after dissolution.
We, the undersigned members of the Governing Body of the Society, do hereby certify that the above is a true copy of the Rules and Regulations of Society.
The names, address and descriptions of the members of the present Governing Body (2009-10)
NAME ADDRESS DESCRIPTION
1. Ms. Mukta Nain Birla High School Chairperson
1, Molra Street,
Kolkata – 700 017
2. Mr. Vinod Neotia Gujrat Ambuja Cements Ltd President
216, A.J.C. Bose Road [Since deceased]
Kolkata – 700 017
3. Mr. Arun Kumar 86 Jodhpur Park President
Dalmia Kolkata – 700 068
4. Mr. Chandra Kumar Karnani Properties Limited Vice President
Karnani 23/21, Gariahat Road
Kolkata – 700 029
5. Mr. Rajendra Raja Lansdowne Heights Hony. Secretary
8th & 9th floor
6, Lansdowne Road
Kolkata – 700 020
6. Mr. Mohan Goenka C/o Murlidhar Ghanshyamdas Hony. Treasurer
89, Jamunalal Bajaj Street
Kolkata – 700 007
7. Mr. Partho Dutta 8C, Hemchaya Appartments Member
40, Iron Side Road
Kolkata – 700 019
8. Mr Atul Churiwal Krishi Rasayan Ltd. Member
234/3A, A.J.C. Bose Road
FMC Fortuna, Bl: A-11,
4th floor, Kolkata – 700 020
9. Mr. Ashish 6, Lee Road Member
Jhunjhunwala Kolkata – 700 020
10. Mr. Sanjay Jain Inter State Oil Carrier Ltd. Member
Poddar Point, South Wing,
5th floor, 113 Park Street
Kolkata – 700 016
11. Mr. Ajay Jaiswal 71/2B, Bidhan Sarani Member
Near Khudiram Bose College
Kolkata – 700 006
12.Mr. Sachin Saraff Anandkunj Building, 1st floor Member
17/2A, Burdwan Road, Alipore
Kolkata – 700 027
Signature of the members of the present Governing Body.
1. Ms. Mukta Nain -- -- --
2. Mr. Vinod Neotia -- -- -- [Since deceased]
3. Mr. Arun Kumar Dalmia -- -- --
4. Mr. Chandra Kumar Karnani -- -- --
5. Mr. Rajendra Raja -- -- --
6. Mr. Mohan Goenka -- -- --
7. Mr. Partho Dutta -- -- --
8. Mr. Atul Churiwal -- -- --
9. Mr. Ashish Jhunjhunwala -- -- --
10. Mr. Sanjay Jain -- -- --
11. Mr. Ajay Jaiswal -- -- --
12. Mr. Sachin Saraff -- -- --
WITNESS to the above SIGNATURES :
Dated this .