UPAD Constitution and By-Laws
THE CONSTITUTION OF UTTAR PRADESH ASSOCIATION OF DETROIT (UPAD)
ARTICLE 1. NAME:
The name of this organization is Uttar Pradesh Association of Detroit (UPAD) and it is registered in the State of Michigan as a non profit organization. The initial draft constitution was presented to the General Body on November 4, 1995. Since then some changes were considered necessary and these have now been incorporated.
ARTICLE 2. OBJECTIVES:
1. To provide a forum for interaction among people from Uttar Pradesh (UP) and other hindi speaking states in India.
2. To promote better communication and cooperation among people from UP and other hindi speaking states in India.
3. To organize programs for promotion and propagation of the rich, cultural and literary heritage of UP and India.
4. To collect donations and use those funds for educational and socio-economic development of the needy; and transfer the funds to charities.
5. To organize activities for the promotion of social welfare of people from UP and other states, as needed.
ARTICLE 3. MEMBERSHIP AND GENERAL BODY:
1. Membership is open to all those interested in the activities and functions of UPAD.
2. To be a member of good standing, each member would be required to pay annual dues or life membership dues established by the Board of Trustees (BOT). Membership fees will be due on January 1 every year. Membership will include husband, wife and dependents. Dependents shall be the persons listed on US Income Tax form 1040. All such members constitute the General Body of UPAD, however, only husband and wife shall be eligible to vote from each family.
ARTICLE 4. GOVERNING BODY:
1. Executive Committee:
The governing powers of UPAD shall be vested in an Executive Committee (EC), consisting of four office bearers (President, Vice President, Secretary and Treasurer) and no less than five and no more than seven members at large. The President shall be elected. The President will nominate three persons, one each for the positions of Vice President, Secretary and Treasurer. These nominations
shall be approved by BOT. These four persons will then select the members at large.
2. Services to the EC shall be voluntary and there shall be no remuneration or compensation to any members of the EC or the BOT.
3. Eligibility for holding office: Only the members in good standing will be eligible to hold any office. Members in good standing are those who have regularly paid annual dues for the current and last 2 years.
4. The duties of the elected members will be as provided in the By Laws.
ARTICLE 5. TERM OF OFFICE:
1. Each member of the EC shall be for a two year term. The President, Vice President, Secretary and Treasurer shall not serve more than one term consecutively in the same position. Members at large shall not serve more than 2 consecutive terms. The President may be recalled by 2/3 of the members in good standing by a vote. If the President is recalled, the entire Executive Committee will be dissolved until a new President is elected. BOT will be responsible for calling for the election as outlined in Article 12.
2. In the event the President wishes to make changes in the EC during the term, such changes must be reviewed and approved by the BOT.
ARTICLE 6. INSTALLATION OF EXECUTIVE COMMITTEE
Every two years a new President shall be elected. The President will then form the EC as described in Article 4.
ARTICLE 7. FINANCES:
UPAD shall maintain two separate accounts: one for operating funds and one for the deposit of life membership dues. All funds shall be deposited in a recognized and insured financial institution. There shall be a signature of either the President or Treasurer to operate the operating account for less than $500.00. To operate the life membership account and any withdrawal of more than five hundred dollars ($500.00), the signatures of both the President and the Treasurer shall be required.
ARTICLE 9. BY LAWS:
UPAD operations shall be carried out as per the By Laws.
ARTICLE 10. AGENT AND OFFICE:
The President will be the registered agent of UPAD and his/her residence will be the registered office of UPAD at no cost to the association.
ARTICLE 11. REVISIONS AND AMENDMENTS TO THE BY-LAWS AND THE CONSTITUTION:
Revisions to the By Laws and amendments to the Constitution may be suggested by any eligible member with the signatures of ten (10) eligible members and submission to the Chairman of the BOT. BOT will study, evaluate alternatives, and make their recommendations to the General Body for approval. Revisions and amendments shall be approved by 2/3rds of the General Body members present at the meeting.
ARTICLE 12. BOARD OF TRUSTEES:
BOT shall consist of six members in good standing, nominated by the EC. The Trustees shall elect their own chair person each year and adopt rules to conduct their business. The President of the EC shall serve as liaison officer.
TERMS OF TRUSTEES:
Initially, the EC shall nominate six members as follows: two members for two years, two members for four years and two for six years. Every two years, the EC will nominate two members for a six year term to replace the retiring members. In case of a vacancy, the EC will nominate an eligible member of UPAD. Such person shall serve for the unexpired term of the outgoing member.
RESPONSIBILITIES OF TRUSTEES:
The BOT will be responsible for developing future long term plans and work in an advisory capacity to the EC. In the event the EC fails to function according to the provisions of the constitution, the BOT shall take over the management of the association and call for the election of a new President within ninety (90) days.
ARTICLE 13. DISTRIBUTION OF UPAD ASSETS:
In case of dissolution of UPAD, all assets shall be distributed to such organization which subscribe to the ideals of UPAD and are qualified as Tax Exempt under section 501 (C)(3) of the Internal Revenue Code or the corresponding provisions of future United States Internal Revenue Laws.
ARTICLE 14. RESOLUTION OF DIFFERENCES:
In case of severe differences of opinion between the members of the EC or between the members of the general body and the EC or between the BOT and the EC, Chairman of the BOT would intervene and try to resolve the differences between the concerned parties in a peaceful manner. If no solution results, then the matter would be discussed in a joint meeting of the EC and the BOT. In the event of an impasse, the matter would be presented to the General Body.
UPAD BY LAWS
By Law I. Duties of Executive Committee:
1. The President shall call and preside over all meetings of the EC and the General Body. He/She shall serve as official spokesperson of UPAD.
2. The Vice President shall be responsible for membership enrollment, development, and organizing programs and will also assume any other responsibilities assigned by the President.
3. The Secretary shall serve as the coordinator of all activities of the EC and the General Body. He/She shall assume the responsibilities of maintaining records, minutes of meetings and all other documents of the association.
4. The Treasurer shall be the official bookkeeper of UPAD's finances related to operating funds and life membership dues, and shall be responsible for all collection of annual dues from the members. The Treasurer will provide a written report of all assets and liabilities and annual cash follow of UPAD to the General Body at the last function of the year.
5. The Members at large shall assist in the operation of the Executive Committee's functions and assume responsibilities assigned by the President.
6. Every year the President and the Treasurer will prepare an operating budget for the current year and projections for the next year and present it to the BOT for review by March 1. If no changes are proposed, the budget would be adopted for implementation. Any deviations from the budget would require the review and approval of the BOT.
7. The President shall have the power to spend up to three hundred dollars ($300.00) during each year at his or her discretion of any activity or cause not provided for in the budget.
By Law II. Quorum:
1. At any General Body meeting, the quorum shall consist of one-third of the enlisted membership.
2. A quorum at the EC meeting shall consist of at least five members.
3. A quorum for the BOT is four members.
By Law III. Conflict of Interest:
1. No person shall serve in two positions at the same time.
2. Only one person from a family shall serve on the EC or the BOT at the same time.
By Law IV. Installation of UPAD office bearers:
The EC and the BOT shall be installed by January 1.
By Law V. Nomination Procedures:
1. Nominations for the President shall be made in writing on the Nomination Form obtainable from the Secretary of the EC. Nomination forms, complete in all respects, should be sent to the President of the EC and must be received by him or her by August 15. The President will send all the forms received to the Chairman of the BOT.
2. If more than one nomination is received, the Chairman and other members of the BOT would talk to all the candidates and through consensus reduce the list to only one person who would be elected. If no consensus is arrived at, elections will be held as specified in By Law VI.
3. If no nominations are received by August 15, the BOT shall nominate the next President and other members to the EC by September 15.
4. The candidate recommended by the BOT shall be approved by a simple majority at the next General Body meeting.
By Law VI. Election Procedures:
1. Elections shall be announced and ballots mailed to all members in good standing by September 15. Elections shall be completed and results announced by October 31.
2. Ballots shall be counted by a three member panel appointed by the Chairman of the BOT. Candidates may, if they want, send their representative to the counting.
By Law VII. Record Keeping:
The Secretary shall maintain all records, past and present, in good order and prepare the minutes of the meetings.
By Law VIII. Audit Committee:
The Chairman of the BOT shall appoint an Audit Committee (minimum of two members), who shall conduct an internal audit prior to the presentation of financial statements to the General Body at the annual function.
By Law IX. Annual Filings of Statements:
The President shall be responsible for complying with all the local, State and Federal regulations.
By Law X. Membership Fee:
Life Member $200.00 at one time
Annual Family Membership $25.00
Annual Single Membership $20.00
Annual Student Membership $15.00
a) The Life Membership fees shall be deposited in a separate account.
b) If any amount is withdrawn from the life membership account, it shall be replenished in the same year.
c) Revisions to the membership fees may be proposed by the EC and approved by a simple majority at the General Body meeting.
By Law XI Meetings.
The EC shall meet no less than three times in a calendar year to conduct the business of the association. A general body meeting will be held once a year.
By Law XII Past President:
The past President and members of the EC are valuable resources and are obligated to help the new EC with orderly transfer of records and bank accounts. The immediate past President shall attend the first meeting and may attend routine meetings, if specially requested by the current EC. The past President will however not be a voting member of the EC.
This constitution was drawn with the help of the constitutions of Uttar Pradesh Association of Greater Chicago and Telugu Association of Detroit.