BCS Constitution & By-Laws
Section 1 Name
The name of the organization shall be "Bengali Cultural Society of Southern New Jersey" herein after referred to as 'The Society', or 'BCS'.
Section 2 Objective
Article 2aTo promote and sustain cultural, religious, charitable, educational and literary activities on behalf of the Bengali community, and
Article 2bTo provide a forum for exchanging ideas and views with various national and international organizations of similar interest, and
Article 2cTo collect and transfer charities and donations for educational, religious, socio-economic, cultural purposes, and
Article 2dTo provide a forum for cultural and social activities which provide education on the Bengali heritage, culture or traditions, and
Article 2eTo take such other sections of general interests and well-being of the members of the Society, as may be required, and
Article 2fAll of the above objectives shall be limited to those permitted by Section 501(c)(3) of the Internal Revenue Code of 1054 or the corresponding provisions of any future United States Law on the same subject.
Section 3 Membership
Any person, regardless of sex, religion, or national origin, and over 18 years of age upon recommendation by a member of the Society in good standing and subscribing to the aims and objectives of the Society as laid down in the constitution, may become (and be) a member of the Society upon payment of the annual membership fees.
Section 4 Voting Rights
Members of the Society with good standing and holding membership shall have the right to vote.
Section 5 Governing Body
Article 5aThe governing power of the Society shall be vested in an Executive Committee consisting of a President, two (2) Vice-Presidents, a General Secretary, a Joint Secretary, a Treasurer, a Joint Treasurer, a Newsletter Editor, and three (3) members-at-large. Two (2) additional reserved positions of non-voting ex-officio members are required to be filled by the immediate past President/Secretary and the immediate past Treasurer. An exception is made when either person is re-elected into a titled position in the Executive Committee, in which case the corresponding reserved position is to remain unfilled.
Article 5bAn Election Committee of five (5) members, set up by the Executive Committee shall conduct the elections by secret ballot. Any member in good standing may run for any office upon nomination by at least five (5) members of the Society. All members of the Executive Committee must be active members of the Society in good standing. No member in the election Committee can run for office, and members should be notified about all nominations at least two weeks prior to the election.
Article 5cA separate committee of nine (9) members, named the Planning and Development Committee, elected by the General Body, also called the P&D Committee, shall work under the umbrella of the Executive Committee to meet certain long-term goals of the Society. (see "Detail of the Planning and Development Committee") of the Society.
Section 6 Duties and Responsibilities of Executive Committee Members
Article 6aPresident: Supervises all activities of the Society and the Executive Committee in accordance with the constitution and by-laws; calls and presides over all meetings of the Executive Committee and the General Body. The President or his delegate(s) shall maintain liaison with the activities of the P&D Committee.
Article 6bFirst Vice President: Assist the President in discharging the President's functions; and assumes the duties of the President and the First Vice-President performs the duties of the President.
Article 6cSecond Vice President: In absence of the President and the First Vice President performs the duties of the President.
Article 6dGeneral Secretary: Maintains accurate minutes of the Executive Committee and General Body meetings; maintains a correct and up to date list of members; and serves as the official correspondent of the Society.
Article 6eJoint Secretary: Assists the General Secretary in the discharge of his or her duties; and performs his or her duties in absence of the General Secretary.
Article 6fTreasurer: Serves as the financial bookkeeper of the Society; maintains accurate accounts of the revenues and expenditures of the Society; makes all authorized disbursements related to the Society's expenses; prepares and submits reports of financial activities of the Society; files an income tax return on behalf of the Society; and maintains a petty cash fund.
Article 6gJoint Treasurer: assists the Treasurer in the discharge of his or her duties; and in absence of the Treasurer performs these duties.
Article 6hNewsletter Editor: Responsible for publishing the newsletter of the Society.
Article 6iMembers-at-large: Assists the titled Executive Committee members in organizing the assigned activities.
Section 7 Vacancies
The order of succession to the Presidency until the next election shall be the elected First Vice-President, Second Vice-President, General Secretary, Joint Secretary, and Treasurer. Other vacancies may be filled by nominations by the Executive Committee.
Section 8 Membership Fees and Practices
Article 8aEach individual shall pay an annual fee as approved each year by the Executive Committee. Membership shall be for one fiscal year. In order for an individual's membership to be considered active, the individual must pay his or her membership fee for the upcoming calendar year. The following categories of membership shall be available:
a)Family Membership: This category shall include an individual, the individual's spouse, and their dependent children and parents. Children who are included in this category shall have no voting rights.
b)Single Membership: This category shall include any single person who is over the age of eighteen.
c)Life Membership: This category shall include an individual, or a family upon payment of life membership fees.
Section 9 Collection and Disposition of Funds
Article 9aAll funds collected shall be free from any limitations which are incompatible with the objective of the Society.
Article 9bNo part of the net-earnings of the Society shall be distributed to its members, officers, or other private persons except for the charitable purposes or except for payment of reasonable compensation for services performed.
Article 9cThe Executive committee may appoint special committees for collection and administration of special funds and distribution of such special funds shall be done with the approval of the Executive Committee. Such a special committee shall prepare a draft constitution, which is not in conflict with the intent and the objective of this Constitution and by-laws. A two-thirds majority vote of the Executive Committee is required for the approval of such draft constitution of the special committee.
Section 10 Meetings and Quorums
Article 10aAnnual General Meeting shall be held during the first quarter of the calendar year, at a place, time and date fixed by the Executive Committee. Written notice of the call for every Annual General Meeting, together with a copy of the agenda will be mailed at least fourteen days prior to the meeting. The financial report from the previous year shall be presented to the members by the Treasurer.
Article 10bAt an Annual General Meeting, one-third of the total membership shall constitute a quorum.
Article 10cThe following matters must be addressed at an Annual General Meeting: The previous year's financial report, the report of the General Secretary of the Executive Committee, and report of the P&D Committee.
Article 10dA Special General Meeting may be held at any time, upon a written one week advanced notice, either from two-thirds of the Executive Committee, or from a minimum of one-half of the Members of the Society.
Article 10eA request for a Special General Meeting must be submitted in writing to the General Secretary, and the General Secretary must provide written notice of the Special General Meeting to each member with an agenda, at least fourteen days prior to the meeting.
Article 10fThe Executive Committee shall meet at reasonable intervals. At such meetings, a simple majority of the committee membership shall constitute a quorum. Any member of the General Body may attend an Executive Committee meeting with the consent of the members of the Executive Committee.
Section 11 Elections
Article 11aThe Society shall hold a general election for the purpose of electing the members of the Executive Committee. The members of the Executive Committee shall be elected by voting among the membership. The term of office for each Executive Committee shall be two calendar years (January 1, Year YY to December 31, Year YY+1). No officer of the Executive Committee can hold the office in Executive Committee for more than two consecutive terms.
Article 11bThe Society shall hold a general election for the purpose of electing the P&D Committee, at every fourth Annual General Meeting.
Article 11cAny member in good standing shall be eligible for election to the Executive Committee, or to the P&D Committee, if nominated and seconded by at least two other members in good standing.
Article 11dNo two members of one immediate family shall be eligible for election to the Executive Committee, or for election to the P&D Committee.
Section 12 Amendments and Repeal
Article 12aAny amendment to the bylaws may be proposed in the form of written petition signed by at least two-thirds of the general membership.
Article 12bThe by-laws may be amended by a two-third majority vote of the members of the Executive Committee. The amendments shall remain in force until the next Annual General Meeting, at which time the amendments shall be considered for ratification. Ratification shall require a two-thirds majority vote of the general membership.
Article 12cThe by-laws may be repealed by a two-thirds majority vote of the membership of the Executive Committee. Thereafter, the Executive Committee shall establish new by-laws in place of the old by-laws. The new by-laws remain in force until the next Annual General Meeting, at which time the by-laws shall be considered for ratification. Ratification shall require a two-thirds majority vote of the general membership.
Section 13 Miscellaneous Provisions
Article 13aThe President of the Society shall be the official representative of the Society and the registered office of the Society shall be determined by the Executive Committee.
Article 13bThe Constitution and the By-laws of the Society shall be such that the Society is entitled to file and maintain non-profit or not-for-profit status with the contributions deductible according to the local and/or state and/or federal government regulations.
Article 13cIn case of any serious disputes among the members of the Society and/or Executive Committee, a Special Committee will be formed by the general body members. The Chairman of the Special Committee and two members shall be members of the general body each of whom is neither a member of the Executive Committee, nor a member of the P&D Committee. Two (2) members shall be elected from the Executive Committee, and two (2) members shall be elected from the P&D Committee. The decision of the Special Committee shall be final and binding.
Article 13dA Financial Audit committee comprising of three members of the general body will be nominated by the Executive Committee.
Section 14 Dissolution
Article 14aUpon dissolution of the Society, the net assets of the Society shall be disposed only to such organizations whose aims meets the objectives of the Society.
Article 14bThe Executive Committee with the approval of the General Body of the Society shall select the specific organization(s) and determine distribution of the net assets. Any such assets not so disposed shall be disposed by The Court of the Common Pleas of the county in which the principal office of the Society is then located.
DETAILS OF THE PLANNING AND DEVELOPMENT COMMITTEE
ObjectiveThe Planning and Development Committee, also called the P&D Committee, shall be responsible for organizing the Society's educational programs, and for engaging in long-term planning on behalf of the Society.
Committee Guidelines
a)The P&D Committee shall assist the Executive Committee in formulating the Society's long-term plans and goals.
b)The P&D Committee shall elect a Chairperson, a Co-Chairperson, and a Treasurer to conduct its business. There shall be nine (9) total members in the P&D Committee.
c)The tenure of each member of the P&D Committee is four (4) years. Every two (2) years one-half (4 or 5 members) of the members shall end their term, and they shall be replaced by new members elected for a four-year term.
d)Any vacancy in the P&D Committee, irrespective of its cause, shall be filled by a member in good standing, who will be selected by the P&D Committee.
e)One-half majority shall constitute a quorum for any meeting of the P&D Committee.
f)The P&D Committee shall maintain a bank account. Two officers of the P&D Committee shall operate the bank account.
g)The P&D Committee shall submit an annual statement of its income and expenditures to the Treasurer of the Executive Committee. Chairperson or a member of P&D Committee shall maintain liaison with the Executive Committee.
This Constitution and by-laws were approved in special general meeting of the BCS held on 19th October 1999.
October 20, 1999, NJ
Mrinal Som
President, Bengali Cultural Society of Southern New Jersey