Constitution and bylaws for Bharatiya
Temple and
I FORMATION
1.1 Name
1.2 Legal Regulation
1.3 Location
1.4 Objectives
II. VOTING MEMBERSHIP
2.1
Equal Vote
2.2
Cast, Creed, Color, Race, or National Origin
2.3 Requirements
2.4
Types of Members
2.5 Membership Procedure
2.6
Rights and Responsibilities of a Member
III. FINANCE
3.1
Payments
3.3
Liabilities
3.4 Fiscal Year
3.5 Financial Records
3.6
New Projects
3.7
Asset Management
3.8
Contracts, Checks, Deposits and Funds
IV. ORGANIZATION AND ADMINISTRATION
4.1
General Body
4.3
Trustees
V. ELECTIONS
5.1
Election Procedure
5.2 Election Dates
VI. MEETING OF GENERAL BODY
6.1
Annual Meetings
6.2
Other Meetings
6.3
Special Meetings
6.7
Secret Ballot
VII. EXECUTIVE
COMMITTEE
7.1 General
Powers
7.2 Number,
Tenure and Qualifications
7.3 Terms
of the Committee Members
7.4 First
Meeting
7.5 Regular
Meetings
7.6 Special
Meetings
7.7 Notices
7.8 Quorum
7. 10 Vacancies
7. 11 Removal
8.5 President
Elect
9.2 Standing Committees Chairmen
10.3 Responsibilities and Limitations
Section IV Initiation and other fees
Section V ‘Causes’ for the removal of executive committee members
Section VI Depositories for BTCC funds
Section VII Withdrawal of funds
Section VIII Additional ‘causes’ for expulsion of members
Section XII Major Projects
Section XIII Counties referenced in the
constitution
Section XIV Counties referenced in
article 8.2
Section XV First election and the
general body meeting
The name of the organization shall be
the "Bharatiya Temple and Cultural Center".
The center shall be incorporated under the laws of the
state of Kentucky as a non profit organization.
The date of incorporation of the BTCC is September 1997. The Federal Taxpayer I.D. number is 31-1557-332
The principal place of congregation
shall be in the State of KY, preferably in Lexington, Fayette County.
a) To provide a religious and a cultural
organization to promote Indian Culture among
the children of Asian‑Indian origin and other citizens who are interested in furthering their knowledge of Indian
Cultures.
b) To establish a permanent place of
worship, such as a temple, and a center for social
and cultural activities.
d) To promote friendship and goodwill among people of all
religions
Each eligible member (as defined in
article 2.4) shall have one vote irrespective of his/her financial contribution.
Note: Hereafter, any gender reference
shall be meant to be he or she.
2.2 Cast, Creed, Color, Race, or
National Origin
These shall not affect membership,
voting or other rights.
A person can become a voting member
of the center by fulfilling the following requirements:
b. Abidance
by and respect for the center's constitution.
c. Moral
support of the center's activities.
d. Support for practices of religions
of Indian origin: Hinduism,
Buddhism, Jainism, Sikhism.
a.
Single Membership
For single persons, with one vote; subject to prescribed dues in the bylaws.
This
membership is for two adults in a family (husband and wife) and their children below
the age of eighteen (18), or full time students up to age 24. Only the
husband and wife shall each have one vote; subject to the prescribed
dues in the bylaws. Dependent parents of the paying members shall be
included in family membership.
c.
Life Membership
Single and family membership may be for life as prescribed in the bylaws.
b. Founding member will become a single
or family life member as provided in (2.4c).
c.
A new member shall be admitted as prescribed in the
bylaws.
d. Student membership will be as prescribed
in the bylaws.
2.6 Rights
and Responsibilities of a Member
a.
There shall be a three (3) month waiting period before a
new member can vote.
b. Any voting member shall be eligible
to hold any elected or appointed office of the
center.
c.
A member shall be responsible for the prescribed dues of
the center, per bylaws.
d. For the first election, after the
adoption of the constitution, a person will be eligible to
vote provided he has met all membership requirements of Articles 2.3 and 2.5 on or
before the election date.
No part of the assets or earnings of the center shall be used for the
personal gain of its member(s). The Executive
Committee shall be authorized to sanction payment of reasonable compensation for tangible
services and costs. All
expenses incurred shall be reported to the Executive Committee, and
summarized at least quarterly to the general body. The Executive committee shall
endeavor to keep the expenditures within the budget approved by
the general body. The financial statements shall be prepared in generally
acceptable accounting practices.
The Bharatiya Temple and Cultural
Center shall be held harmless and free of any liens from debt or other liabilities incurred by any member unless
previously authorized by
the general body.
The fiscal year shall be from January 1 to December
31.
a.
Updated financial records and registers of the Center
shall be furnished by the Executive Committee, one (1) month prior to the
annual Election Day. The financial status, (balance sheet,
income and loss statement with reasonable
details and assumptions) of the Center and
the list of members in good standing shall be furnished to the general body at least one (1) month prior to the
announced election day and preferably on
nomination day, as stated in Article V.
c.
In case of
default or special situations, the newly elected Executive Committee
shall be entitled to takeover all records and report the specific
circumstances to the general body within one (1) month after the
event.
d. Financial Status of each project (as
defined in the bylaws) shall be presented to the general body by the Executive Committee
in each of its
scheduled business meetings.
e.
Financial records shall be audited by the trustees at the
end of fiscal year or as
deemed necessary.
The Executive Committee shall be
responsible for:
f. Preparing a budget, outlining the required funds and schedule of expenditures.
g.
Presenting a plan to generate the required resources
including ways and means for the funds.
h. Project overruns, if any, shall be administered per the bylaws.
3.8 Contracts,
Checks, Deposits, and Funds
a.
Contracts: Subject to
the Executive Committee's approval, the President may authorize any officer(s),
or its agent(s), to enter into any contract or execute and deliver any instrument in the
name of the Center.
b. Checks,
drafts, etc: All checks, drafts, or orders for the payment of money,
notes, or other evidences of indebtedness issued in the name of the
Center, shall be signed by the Treasurer, or the designee,
subject to the limitations imposed in the bylaws.
c.
Deposits: All funds
of the Center shall be deposited as quickly as possible to the credit of the
Center.
d. Gifts: The Executive
Committee may accept, on behalf of the Center, a contribution, gift, or bequest
for any special purpose of the Center.
e.
Books and Records: The Executive
Committee shall keep up to date records
in the account books and of minutes of all the meetings of its general body and its own. All books and records of
the center may be inspected by any member, for any proper purpose, at any
reasonable time.
The Executive Committee shall present
to the general body the annual budget, including any discretionary funds for the fiscal
year.
ARTICLE IV
ORGANIZATION AND ADMINISTRATION
4.1 The
General Body
comprising the eligible members shall be the supreme authority of the Bharatiya
Temple and Cultural Center.
Routine operation of the Center shall be directed by an elected Executive
Committee, consisting of the four (4) officers and the three (3) members without portfolios.
These three (3) members
may be assigned chairmanships of the standing committees. All members of this Executive Committee shall be elected
by the General Body, in a formally convened election
business meeting, as detailed in Article V.
The center shall have a body of five (5) trustees to serve as a backup
during organizational emergencies. Additional functions and duties shall be as defined in
Article X.
Election of the Executive Committee shall be by a simple majority vote in
a secret ballot, in a formally convened
general body meeting. The nomination and seconding for each post shall be
sought from the General Body in a previously called (30 to 60 days earlier)
"Nomination Session" of the executive committee. Thereafter a
nomination ballot shall be prepared, consisting of the names of all the
nominees for each of the positions, including the names in any
"slate" proposed for the various positions by the Executive
Committee, prior to the
nominating session. This ballot sheet, with nominations for each post,
shall become the official secret ballot paper for the election to be
held in the subsequent election meeting of the General Body. The ballot paper
with a serial number shall be issued to each of the eligible member present
just prior to the election, after due checkout with the official registration
list, which shall be prepared and published no later than the nominating
session (by the Executive Committee) and kept on hand for easy cross reference.
Provisions shall be made on the ballot paper for last minute "write‑ins"
for any position. Just prior to the balloting, each nominee shall be allowed a
brief introduction. Each election shall be presided over by a trustee nominated
by themselves. There shall be a runoff vote among the top two vote getters if
no majority vote is secured for any post,
5.2 Absentee
balloting shall be allowed upon formal request by a member subject to
the following:
a.
The member residing in the counties listed in the bylaws are not allowed
to vote in absentia except for a justifiable cause such as being indisposed or
being out of town.
b. A formal request being received at least seven (7) days before the election.
Elections of the trustees and the
Executive Committee shall normally be scheduled for the annual general meeting of
the general body on the I‑st, 2‑nd, or 3‑rd Sunday of the
month of November, for the duration specified in this constitution.
The terms of the newly elected members and officers shall start from the
following month of January.
ARTICLE VI MEETING
OF THE GENERAL BODY
The President shall announce at least
ten (10) days in advance (but no earlier than 50 days) such other general body
meetings as required.
6.4 Place
of Meetings: The Executive Committee may designate any place for the
meetings.
6.5 Notice
of Business Meetings:
All voting shall be by a secret
ballot unless decided otherwise by a simple majority. However, voting on elections,
constitutional amendments,
and disciplinary actions shall remain by secret ballot.
ARTICLE VII
EXECUTIVE COMMITTEE
The affairs of the Center shall be
managed by the Executive
Committee, referred to as the 'Committee' in this article.
7.2 Number,
Tenure and Qualifications:
The 'Committee' shall consist of seven (7) elected members as stipulated in article
4.2. Each member shall hold office until his prescribed term and also until his
successor shall have been elected and qualified.
7.3 Terms of the Committee Members:
Each member of the committee shall be elected for a two
year term by the general body. Election shall be by rotation such that three
(3) members are elected in the even years and the four (4) remaining members
are elected in odd years. The first election shall be for the entire Committee.
Thereafter, the elections shall be as follows: (a) In the even years: President, President Elect and General Secretary (b) In the odd years: all other members. The terms of the first Committee are as stipulated in
the bylaws.
7.4 First Meeting:
The first regular meeting of the 'Committee' shall be held
immediately after its election. The 'Committee' may decide the time and place
for holding its regular meetings without other notice.
7.5 Regular
Meetings: The Committee shall have at least one formal
Quarterly business meeting.
7.6 Special
Meetings: Special meetings of the Committee may be called by
the President or any two Committee members at any convenient place.
7.8 Quorum: A majority of the
Committee shall constitute a quorum for the transaction of business at any
meeting; but if less than a majority of the members are present, the said
meeting shall be adjourned.
7.9 Act of the Committee: The decision
of the majority of the 'Committee' members present at a meeting, with the
quorum, shall be the act of the 'Committee' unless a greater number is
required.
7.10 Vacancies: Vacancy occurring in
the Committee shall be filled by the President, for the unexpired term, subject
to ratification by the 'Committee' in the next meeting.
7.11 Removal: Any committee member
may be removed by the general body for a good cause detailed in the
bylaws, at any regular or special
meeting but such removal shall require a two‑thirds vote of the general
body. Replacements shall be elected for the unexpired terms.
8.1 Officers: The officers of the Bharatiya Temple and Cultural Center shall be a
President, Treasurer, General Secretary,
& President Elect. No two positions
may be held by the same person.
8.2 President: The President shall
be the chief executive officer of the Center and shall in general supervise and
control all the business and affairs of the Center. He shall preside at all
meetings. In general, he shall perform all the duties as may be prescribed by
the Committee, from time to time. The president must be at least a one (1) year
resident of one of the counties listed in the bylaws.
8.3 Treasurer:
The treasurer shall be responsible for all the funds and
securities of the Center. Receipts shall be issued for money received, which
shall be deposited in designated institutions per the bylaws. In general,
perform all the duties incident to the office of Treasurer including the
financial statements and other duties assigned by the President or by the
Committee.
8.4 General
Secretary: The General Secretary shall keep the minutes of all
the meetings; see that all notices are duly given; be the custodian of the
Center's records; keep a register of the mailing address of each member; and
perform all duties incident to the office of General Secretary and such other
duties as may be assigned by the President or by the Committee.
8.5 President
Elect: The responsibilities of the President Elect shall be
determined by the President.
8.6 Members Without Portfolio: The responsibilities of the three members without portfolio may be
defined by the officers of the Executive Committee.
ARTICLE IX STANDING
COMMITTEES
9.1 Standing Committees: The Center
shall have the following standing committees:
a.
Fund Raising
c.
Programs
9.2 Standing Committee Chairmen: Chairmen of all the standing committees shall be appointed by the
President and approved by the Executive Committee. Other members of a standing
committee, if any, shall be appointed by its chairman, but with the consent of
the President.
9.3 Term of Office: Each standing
committee chairman shall hold office from the time of appointment for the
designated period but not beyond the next election meeting of the Executive Committee.
The Executive Committee, by a simple majority vote, may remove any standing
committee chairman or its members.
9.4 Vacancy.
Vacancies in the chairmanship of any standing committee
may be filled by appointments made in the same
manner as provided herein in the case of the
original appointments.
9.5 Rules:
Each standing committee may adopt rules for its own government not inconsistent with the
bylaws or with the rules
adopted by the Executive Committee.
10.1 The
Bharatiya Temple and Cultural Center
shall have five (5) trustees subject to the following requirements:
a.
Must have been a voting
member for at least one year, except for the initial formation.
b. Must be elected by the majority of the general body
for a five (5) year term in rotation. One position will be up for election
every year. The terms of each of the first five trustees shall be as described
in the bylaws. After the first year, each trustee will move up one number, and
the newly elected trustee will assume the position number five for five years.
c.
Must not
be a voting member of the executive committee during the trusteeship.
b. Trustees
shall appoint one of them as a chairperson.
c.
Trustees shall act as in‑house auditors of the
financial records.
e.
Any one trustee can request a general body meeting for a
just cause.
f.
One of
the trustees shall preside over the elections per article 5. 1,
10.3 Responsibilities
and Limitations:
a.
Each trustee shall have one vote like any other member.
11.1 Proposals
for Amendments:
Any amendments, modifications, or changes to this constitution may be proposed by the Executive
Committee, or by a petition signed by at least ten (10)
voting members and submitted to the Secretary. The proposed amendment(s) will then be
submitted to the general body.
11.2 Adoption
of Amendments: An amendment shall become effective
by
approval of a 2/3 majority of the
voting members present, provided that such vote is
no less than 1/3 of the entire membership, except for Articles I and XI which require approval by a 2/3 majority of the
entire membership.
A) Any
member, including an Executive Committee member or trustee can be
suspended for purposeful (as outlined by the bylaws) violation of
the constitution or any conduct disgraceful to the Center. Such
a person will be notified of the charges in writing and shall be
allowed to present his case to the Executive Committee. A 2/3 majority
of the entire Executive Committee shall be required to temporarily
suspend a member from the Center. This decision must be reported
at the next general body meeting for an appropriate action,
including expulsion from the Center. The General body, by a simple
majority vote, may suspend or, by a 2/3 majority vote, may expel a
member.
B) Expulsion of the member shall not absolve him from financial commitment or other responsibilities, nor does it entitle him to any refunds.
In the event that the Center must be dissolved, the assets
of the Center will have to be dissolved. Such a decision shall be made by a 2/3
majority of the voting life members, provided it is at least the majority of
the entire body of life members. Upon dissolution of the Center, provisions
shall be made for the payment of the liabilities of the Center, and transfer of
all of the remaining assets, in the form of a trust, to any tax free
organization with similar objectives and principles, with a provision for
future transfer back to a similar organization to serve the needs of the Indian
community of Kentucky. Dissolution of the center shall be supervised by the
trustees and founding members. However, if the trustees and founding members
are not in place, the assets may go into a receivership of a non‑profit
organization as stated above.
The constitution becomes effective immediately when
adopted by a simple majority of the members present.
ARTICLE XV BYLAWS
OF THE CENTER
There shall be administrative 'bylaws' of the Center.
BYLAWS OF THE BHARATIYA TEMPLE & CULTURAL CENTER
The Executive Committee or any member may propose changes to the bylaws in a general
body business meeting.
A simple majority of general body may adopt the amendments.
Section II Food/Drinks/Drug Restrictions
b) Reservation of the entire premises
may be allowed on a first come first served basis, subject to written notification.
Section III Annual/Monthly
Membership Dues
Section IV Initiation and other Fees
Section V Causes for the Removal of Executive
Committee Members (refer to Article VII)
Section VI Depositories for Center's Funds:
Executive Committee shall select the
banks and/or other institutions where its funds may be held.
Section VII Withdrawal
of Funds
Section VIII Additional
'Causes' for Expulsion of Members
The Executive Committee, with a
simple majority ratification by the general body, may prescribe or change life
membership at certain monetary levels of initiation fee, provided all other
membership requirements are fulfilled.
At present, the levels of life
membership are:
Section XIII Counties Referenced in the
constitution:
Referenced in the constitution
(except for the residency requirement for the position of president) are:
Kentucky:
All Kentucky Counties.
Section XIV Counties
Referenced in Article 8.2:
Referenced in Article 8.2 concerning the office of the president are: All Kentucky counties.
Section XV First
Election and the General Body meeting
The rules and procedures for the first election and the General Body meeting shall be formulated and finalized by the ad hoc committee which calls the first General Body meeting (in June 2002). The first five Trustees shall be elected at the first General Body meeting and subsequently they shall fix their own order of replacement in the following elections. The first Executive Committee as well as Trustees shall be up for reelection as described in November 2003 for terms to start in the fiscal year 2004. The replacement, therefore, shall follow the rules for the even year election.