Bye-Law (Rules and Regulations)
(This Guild will be registered under Societies Registration Act 1955)
I. Name of the Society:
Catholic Lawyers Guild of the Archdiocese of Mumbai (CAGM).
II. Office of the Guild:
Laity Training Center,Mary dell 1,
Sonawala Agairy Marg,
Mahim, Mumbai–400 016.
same as above.
IV. Area of Operation:
State of Maharashtra – Archdiocese of Mumbai
The membership of the Guild is restricted as defined in Article 3 of the Constitution of the CAGM.
Life membership of the Guild – Rs. 1000/-( One Thousand only)
The member of the Guild is subject to the following conditions:
- should be a citizen of India.
- should pay the prescribed membership fee
- should abide by the rules and regulations of the Guild herein
- number of members of the Guild shall not be less than Fifteen.
VI. Funds of the Guild
The funds of the Guild shall be raised by way of:
- Life Membership fee
- Voluntary Donations.
- Other Contribution/Charity.
The funds of the guild will be invested as per the decisions taken by the Council from time to time.
VII. General Body
The Guild shall convene General Body meeting of all the members every year. The quorum for the general body meeting shall be 1/3 of the eligible members in the membership roll of the guild or fifteen numbers whichever is less. The executive committee on its own initiative or on written request from 1/3 of the eligible members shall convene a special body meeting to transact special or urgent business.
VIII. Powers and Duties of the General Body
- The ultimate authority of the Guild vests in the general body. General body will decide by simple majority on all matters not specifically delegated to the Council under the rules.
- The tenure of the present Council is three years. There will be only eleven members in the Council, except for the first council where it shall have seven members. The general body shall elect from themselves the new President and council members of the Guild every three years. However the Council can propose to the general body to remove any member from the Council for dereliction of duty or misconduct and the general body has the power to remove him/her from the council at any time.
- The annual report and the annual accounts of the Guild duly approved by the Council and audited by the auditor appointed by the Council in the case of first year accounts and subsequent years by the auditor appointed by the annual general body shall be presented to the general body for consideration and approval.
- The general body shall have the power to approve the budget presented by the Council with or without modification.
- The general body shall also lay down policy guidelines, future activities of the Guild and suggestions for improving the internal management including disciplinary matters.
- The general body of the Guild may authorize or delegate the powers in these respects including the preparation of necessary bye-laws, rules and regulations for the proper management of its affairs wherever required to the Council.
- The General Body shall appoint an Auditor for the Guild and the period of appointment shall be for one year except in the case of first year.
The management of the Guild shall vest in the Council consisting of the President and ten members elected by the General Body from among the members.
The Council shall prepare a list of members and keep it open at the office of the Guild during the office hours. It shall keep a copy of Societies Registration Act and Rules, Constitution and Rules and Regulations, bye-laws for the inspection of the same by the members. The Council shall conduct the affairs of the Guild in accordance with the objectives and policies defined and the rules and regulations as amended from time to time. The quorum of the Council shall be including the President/Vice Presidents. The Council shall meet as often as required, with a minimum of four meetings in a year in addition to the AGM.
Each member of the Council shall have one vote and in case of equal number of votes, the president shall have a casting vote.
A Council member may resign at any time, but such resignation shall take effect only on the date on which it is accepted by the council.
X. Powers and Duties of the Council
The Guild shall be managed by the President and he/she shall take care of and use funds of the Guild for carrying out the objects of the Guild in accordance with the decision of the Council. The Council may delegate any of its powers to the President or to the Secretary as may be required for the day to day functioning of the Guild.
The Council shall:
- Be responsible to file with the Registrar all statements, returns, and lists of the members of the Guild and the governing body and such other information as may be required under the act and rules.
- Arrange Annual general body meeting at least once in a year.
- Elect office bearers at annual general body meetings.
- Present to the general body the annual report and the annual accounts duly audited for the consideration and approval of the general body.
- Have the powers to admit members as per the rules
- Scrutinize the annual budget of the Guild and recommend the same to the general body for its approval
- Sanction the expenditure for the management of the Guild within the approved budget.
- Make bye-laws/sub rules for the day to day operation for the Guild and act according to such rules. The Council may, however, get the sub rules/bye-laws approved/ratified by the general body.
- Prepare/cause to prepare, annually, in such forms as may be specified by the Registrar (a) a statement showing the receipts and disbursements for the year (b) income and expenditure statement (c) a balance sheet (d) such other statements as may be required.
- The Council may while ensuring the operations of the Guild in accordance with the objectives, shall generate adequate funds.
- The Council shall authorize the President, Secretary and Treasurer to open and operate a Joint Bank Account with any Bank, in the area on behalf of the Guild. Funds not required for immediate disbursement shall be deposited in the bank. All cheques/ negotiable instruments on behalf of the guild shall be signed by any two of the three authorized signatories.
XI. Powers of the President
The President shall:
- Preside over all meetings of the general body and Council of the Guild. In the case of equal division of votes, he shall exercise a casting vote.
- Have the power to sanction contingency expenditure subject to provisions in the approved budget. All expenditure made in this manner shall be placed before the next Council for ratification.
- Be responsible for the management and overall supervision of the activities of the Guild.
- Have necessary authority to correspond with public, Government Department, other Institutions, on behalf of the Guild.
- Have the power to take disciplinary action against a member and even cancel his/her membership.
XII. Powers and Duties of the Vice-President
The Vice President will haveall the powers and duties of the President in the absence of the latter.
XIII. Powers and Duties of the Secretary
The secretary shall keep and maintain documents, records, correspondence and accounts of the Guild and present it before the committee and General Body as and when required.
The Secretary shall prepare an agenda for the council meetings and AGM meetings and shall record the minutes of every meeting.
The secretary may be asked to execute any of the powers of the Council or President for the day to day functioning of the Guild.
Since CAGM account is a joint account comprising the President, Secretary and the Treasurer, the Secretary can keep an amount up to Rs. 1,000 in cash for the day to day smooth function of the office.
XIV. Duties of the Treasurer
The Treasurer, along with the President and the Secretary shall open an account on behalf of the Guild in any Bank in the area and accept membership fees and deposit them in the account. When the Secretary demands money for the day to day activities, the Treasurer shall send him the amount. The treasurer shall keep all records of all the financial operation.
Once in every year the accounts of the Guild shall be audited by the Auditor of the Guild and placed at the annual general meeting of the Guild. The Auditor of the Guild shall be appointed every year at the annual general meeting of the Guild.
The Constitution of the Guild and Rules and Regulations here after made by the Guild may from time to time be varied, added or revoked by majority of not less than two thirds of the members of the Guild present at the General Body, subject to ratification of the Archbishop of Mumbai..
XVII. Budget and Banking
All resources and assets of the Guild shall be applied towards the attainment of the objectives of the Guild. The funds of the Guild shall be deposited in the name of the Guild in any bank and the account shall be operated by the authorized signatories being the President, Secretary and Treasurer. All cheques/ negotiable instruments on behalf of the guild shall be signed by any two of the three authorized signatories.
The Guild shall maintain membership book, accounts book, minutes’ book, receipts and vouchers as per statutory requirements.
The Guild can be dissolved if two third of the members constituting the general body pass a vote to that effect. In that event its assets shall be first used to pay off all liabilities and the remaining assets if any, shall be handed over to the Archbishop of Mumbai.