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Open state or country chapter office to help poor
by Sambhunath Tiadi
11/05/09
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1


LORD JESUS & MOTHER MARY FOUNDATION

Bye Laws of the Foundation

CONTENTS
This declaration of trust executed on 16th day of October 2009.

Registered No. 19119/1435/2009

PART I
Memorandum of the Foundation / Trust
1. Name
2. Aim & objects
3. Address of the Foundation / Trust
4. Name, address and Occupations of the trustees
5. Jurisdiction
6. Authorization
7. Income
8. Beneficiaries
9. Investments / Accounts
10. Amendments
11. Dissolution
12. Irrevocability

1. Executive powers of the Office Bearers of the Governing Council
12. Validity of proceedings
13. Amendment to memorandum, rules and regulations
14. Funds and Investments
15. Suits and proceedings
16. Indemnity


PART II
Rules and regulations of the Foundation / Trust


1. Interpretation
2. Trusteeship
3. Clauses of Trusteeship and Fees
4. Register of Trustees
5. Rights of Trustees
6. Trust Year
7. Board of Trustees
8. Proceedings of the Board of Trustees
9. Powers of the Board of Trustees
10. Governing Council of Trust






Part III
Memorandum, Rules and Regulations of “LORD JESUS & MOTHER MARY FOUNDATION”





PART-I

Memorandum of the Foundation / Trust

1. Name:-
The name of the Foundation is-

LORD JESUS & MOTHER MARY FOUNDATION

2. Aims & objects:

i. To establish a trust and form associations of professionals, scientists, lawyers, administrators, academicians, religious leaders, teachers &, preachers and others dedicated towards elimination of poverty from the nations.
ii. To hold conferences, meetings, seminars, symposia, workshops, and other administrative & social meetings
iii. To publish journals, newsletters and other periodicals and also develop audio-visual materials and distribute the same to increase and improve awareness of among public towards their duty for eradication of poverty.
iv. To offer consultation and other expert services for elimination of poverty from the nations.

v. To establish foundations, trusts, associations, societies, schools and colleges and fund them for working towards the elimination of poverty from nations.
vi. To liaise, coordinate, cooperate, network and develop linkages and other suitable mechanisms and influence the Governments of countries for the elimination of poverty.
vii. To initiate suitable and appropriate measures to control and eliminate animal and human rabies of the nations.
viii. To create awareness about the oneness of god and to spread the gospel of lord Jesus Christ, his holy teachings and preaching and can establish Churches Missions for prayers, teaching of holy Bible and others true-education.
To promote community health by establishing health care units, mobile medical units, dispensary, nursing homes, hospitals and training institutes or medical colleges for alternative medicines like Electro Homeopathy, Magnetism, Yoga, etc. to promote engineering institution & Master in computer application & M.B.B.S Courses.
To grant, pay or give scholarship, stipends, prizes, rewards, allowance and other financial assistance or help in cash or kind to students with a view to help them in prosecuting their studies in schools, colleges, educational institutions, technical institutions, art schools, institutions teaching commercial and other arts including teaching of cultural arts of other training, research or educational works in India or abroad.
To give, provide, and/or render monetary and/or other help and assistance for the relief of persons and animals affected by natural and other calamities such as flood, fire, famine, cyclone, earthquake, storm, accident, pestilence, drought, epidemic, unbearable cost of living and the like, to give donations, subscription or contributions to institutions, establishments, centres or persons doing relief work on such occasions.
To give, provide, distribute blankets, rugs, woolen clothing, quilts of cotton, woolen, silk or other varieties of cloths or other articles of necessity and facilities for the poor, vaccinate the infants or babies, and to provide sports materials to the athletes and also to the clubs and other people of the community.
Development of Village forests and Tree & Herbal Plantation activities in the rural / urban areas for preservation of ecology and organic farming.
To create awareness in different areas to use, develop and maintained renewable energy by using locally available sources.
Educating and creating public awareness on environment, hazards and precautions for population in such areas and around industrial areas – Environment and Pollution Control.
To promote, advance and encourage and/or aid in helping, promoting, advancing and encouraging primary, secondary and higher education including technical and medical education also physical training, training of handicrafts, fine art and other useful arts, culture, crafts and innovating planning in urban and rural areas among the public including the establishment and maintenance of Center for Art and Craft, Yoga and other welfare centres for them.
3. Address of the Foundation / Trust
The registered office of the foundation for the time being will be situated at:

Minati Nivas, HIG-221, Kalinga Vihar BDA colony, PS: - Khandagiri, P.O-Patrapada, Dist-Khurda, Bhubaneswar-751019(Orissa) India.
Email ID:- jesusmaryfoundation@gmail.com
Contact No. Mobile: - +91 9777816178, 9437356450
Land Telephone: - 91-0674-2394932

The local branch office will be located at:-
Qr.No.Type-2/169,P&T Colony, Unit-4, Bhubaneswar-751001(Orissa) India.
The foundation may decide from time to time about opening and closing any branch office or offices at any other place or places in India and outside of India.

4. Name, Address and Occupations of the Trustees

1. SAMBHUNATH TIADI, aged about 46 years, S/o- Late Gobinda Chandra Tiadi, by profession Advocate and Freelance Journalist & Social Worker, Resident of :- Minati Nivas, HIG-221, Kalinga Vihar BDA Colony, Unit-4, Bhubaneswar-751001, Dist- Khurda, (Orissa) India. President cum Executive Director.

2. MINAKETAN DASH, aged about 44 years, S/o- Late Sadasiba Dash, resident of Flat No. K-201, Dhirendranath Villa, Vivekananda Marg, P.O.- Old Town, P.S.- Lingaraj, Bhubaneswar-751002, Dist- Khurda, Orissa, India, by occupation – Advocate and Social Worker
3. MILLAN KUMAR TRIPATHY, aged about 21 years, S/o- Sambhunath Tiadi, by profession- Social Worker, Resident of :- Minati Nivas, HIG-221, Kalinga Vihar BDA Colony, Unit-4, Bhubaneswar-751001, Dist- Khurda, (Orissa) India.
5. Jurisdiction
The foundation / trust for all legal purposes shall have Bhubaneswar city, Orissa, India as its Jurisdiction
6. Authorization
The Managing Trustee / Executive Director of the Foundation is authorized to correspond with the Registrar of Trusts, in connection with the Registration of the Foundation and any corrections to be effected in the Memorandum of the foundation and the Rules and Regulations therein.
7. Income
The Trust shall be voluntary, non-profitable and welfare body. The income of the Trust by whatever means, it might derive shall be utilized for the purpose of objects of the foundation and shall not be distributed among the trustees of the foundation / trust or any person(s) or body of persons. The trustees have contributed a sum of Rs. 1000/- (Rupees one thousand only) each as corpus fund of the trust. At present the trust has no immovable property.
8. Beneficiaries :-
The benefits of the activities of the trust shall be open to all irrespective of nationality, religion, sex, caste and creed.
9. Investment / Accounts
The funds of the Trust shall be invested in the modes specified under the Provisions of section 13 (1)(d) read with section 11(5) of the Income-tax Act 1961, as amended from time to time. The accounts of the Trust shall be audited by a Chartered Accountant every year, and books of the trust shall be closed on 31st day of March each year.
10. Remuneration :
That, the permanent trustees may receive a honourarium of Rs. 20,000/- (Rupees twenty thousand) only per month subject to availability of funds.
11. Amendments
No amendments to the Trust Deed/Memorandum of Association and Rules and Regulations shall be made which may prove to be repugnant to the provision of Section 2(15), 11, 12, 13 and 80-G of the Income-tax Act, 1961 as amended from time to time. Further, no amendment shall be carried out without the prior approval of Commissioner of Income tax.
11. Dissolution
In the event of dissolution or winding up of the foundation on the unanimous decision of all the four trustees the assets remaining as on the date of dissolution shall under no circumstances be distributed among the trustees of the foundation, but the same shall be transferred to another body whose objects are similar to those of this foundation/trust and which enjoys recognition of World Health Organization / OIE /any other UN agency. Any such transfers shall however be subject to approval by the relevant laws of the country / Government of India.
12. Irrevocability
The trust formed shall be irrevocable.



PART-II
Rules and Regulations of the Foundation

1. Interpretation:
In these rules and regulations unless there may be anything in the subject or context inconsistent there with
a. The “foundation” means Lord Jesus Christ & Mother Mary foundation/Trust.
b. The “board” means the board of trustees.
c. The “Governing council” means the body formed by the founder trustees.
d. The "trustees" means all the trustees of the foundation / trust duly admitted by the trust.
e. The "Managing Trustee" means the trustee nominated by the board of trustees of the foundation to manage the affairs of the trust.
f. The "Meeting" means the general, special, quarterly, emergency, annual, electronic (tele / video conferencing, e-mail etc.) and all other meetings of the Foundation / trust.
g. A "resolution" means the resolution of the foundation duly passed and adopted.
h. The "Seal" means the seal of the foundation.
i. The "Year" means the official year of the foundation from 1st January of the Particular year to the 31st December of the same year.
2. Trusteeship
All members of Lord Jesus & Mary foundation, above 20 years of age (as on 1st January of that year) are eligible to be the trustees of the foundation only after the approval by the Governing council.

3. Clauses of trusteeship and fees
a. Founder trustees: The trustees who shall be signatories to the registration of the foundation under Indian Trust Act.
b. Trustees: All other trustees other than the founder trustees. There is no fee payable for trusteeship.
4. Register of Trustees
The foundation shall maintain at its registered office a register of its trustees and shall enter therein within 15 days after the admission of a trustee or the cessation of the trusteeship, as the case may be, the following particulars.
a. Name and Address of the trustee (including phone, fax and E-mail wherever available).
b. The date on which the trustee was admitted.
c. The date on which the trustee ceased to be such trustee.
5. Rights of Trustees
a. Each trustee shall have one vote at every meeting. However, voting by proxy is strictly not allowed.
b. All trustees of the foundation shall be entitled to participate in the meetings, Functions and gatherings of the foundation.
c. All the trustees of the foundation shall have right to inspect the book of the accounts, book containing minutes of proceedings of meetings and the register of the trustees of the foundation on any working day during business hours by giving reasonable advance notice.
d. The rules and regulations and/or bylaws, which may be framed, shall bind all Trustees of the foundation, from time to time.
6. Trust Year
The year of the foundation including all its affiliated associations and branches for functioning purposes shall be from First day of January to Thirty-first day of December of the same year.
7. Board of Trustees
This shall consist of 3 (three) Trustees initially founder Trustees Following the Completion of tenure / resignation / termination / death of trustees, the remaining Trustees from among themselves shall appoint such suitable person(s) who is / are committed to work for the cause of Lord Jesus &Mary foundation as trustees for the next tenure of office of two years, renewable thereafter. All the trustees shall hold office for a term of 02 or 05 years maximum and after the expiry of which the board of trustees shall be freshly constituted. However, existing trustees shall be eligible for re-appointment for the next term after approval by board of trustees.
a) Advisory Board.
The trust/foundation shall have as honorary members the chairpersons from Country chapters of the nations.
8. Proceeding of the Board of Trustees.
a. The board of trustees shall meet at least twice in a year. Other meetings may beheld either upon the advice of the President / Executive Director / Managing Trustee or at the request of at least three trustees.
b. The quorum of the meeting of the board of trustees shall be three trustees presenting person.
c. If within an hour of the time appointed for a meeting a quorum is not constituted, the meeting shall stand adjourned for an hour at the same place. If at that meeting a quorum is still not constituted after an hour the trustees present shall constitute a quorum.
d. The absence, without leave of any trustees for 2(Two) consecutive meetings and/or for a continuous period of 12 months whichever is more, shall entitle the Board of trustees to remove such trustee from the board of trustees.
e. The board of trustees may pass a resolution by circulation. Such resolution passed whether by majority or unanimously by circulation amongst the trustees shall be equally valid and shall be construed as passed at a meeting duly called and convened for the purpose and such resolution shall be entered by the Managing Trustee in the minute books of the meetings of the board of trustees. This activity may also be performed using E-mail (internet) and with proper documentation by the Managing Trustee.
9. Powers of the Board of Trustees
a. The board of trustees shall choose a Governing Council consisting of President cum Executive Director, Vice-President, Treasurer and Director of Publications. The Executive Director and Treasurer will preferably be chosen from among the four founder trustees only, who will be based at the Lord Jesus & Mary foundation headquarters. The remaining office bearers of the Governing Council (President, Vice-president and Director of Publications) will be chosen from amongst the chairpersons of the nations.
b. To ensure and promote the aims and objects of the foundation.
c. To affiliate / disaffiliate the branch organizations.
d. To ensure that all money transactions are to be held through a nationalized or Co-operative bank.
e. To ensure utilization of income towards promoting the objects of the foundation.
f. To decide on the expulsion of a trustee in case he/she is convicted of any criminal offence or found of unsound mind or persistently contravening the rules and regulations of the foundation.
g. To raise funds by donation, grant or gift etc to fulfill the objects.
h. To appoint an expert / advisory group / sub-committees etc., with such powers as deemed fit, and regulate their functioning by framing rules and regulations.
i. To invite/co-opt specialists /advisors /expert bodies in the area of rabies who maybe non-trustees of the foundation and whose counsel is considered useful to the foundation.
j. Shall arrange for the publication of handouts, brochures, journals, newsletters / books / monographs etc., as may be considered fit in the furtherance of its objects.
k. To appoint the personnel of the foundation, determine their remuneration, salaries and other service conditions and also to terminate their services, dismissal or otherwise and take disciplinary actions as necessary.
l. Open and operate back accounts, deposit, withdraw or invest funds, issue, accept, sign, endorse and deliver cheques, drafts, letters of credit, and in general any other negotiable instrument. Such banking account (s) as and when opened shall be operated either the President (Managing Trustee) or Vice-President (Trustee).
m. Decide on the establishment of other offices of the foundation.
n. Decide on any, every and all matters pertaining to or in connection with the administration of the foundation / trust and the successful pursuance of aims and objects.
o. In the event of any trustees laying down office for whatever reasons, the board of trustees can co-opt any individual considered suitable for the office for the remaining period of the tenure.
10. Governing Council of Lord Jesus & Mary foundation
The general control, management and direction of the policy and affairs of the foundation shall be vested in a body styled as "Governing Council" at the Headquarters level. This Governing Council will have the following office bearers. President-cum-Executive Director (Managing Trustee), Vice-President-cum-Director, Treasurer and Director of Publications. The Executive Director and Treasurer will preferably be chosen from among the five founder trustees only, who will be based at the RIA headquarters. The remaining office bearers of the Governing Council (President, Vice-president and Director of Publications) will be elected from amongst the chairpersons of the country chapters/nations. This Governing Council shall hold office for a period of two years and are eligible for reappointment.
11. Executive powers of the Office Bearers of the Governing Council:
President cum Executive Director(Managing Trustee)
1. He/she shall be in overall charge of the foundation and preside over the meetings, regulate the proceedings of the meetings, interpret rules and decide doubtful points.
2. All the policies, programmes and actions shall be formulated and implemented only through him/her.
3. The ruling of the President at the Meetings shall be final and binding on all Questions rose.
4. The President in case of emergency may exercise all the powers and perform all the functions required to be exercised and performed under the rules and regulations by the board of trustees provided that all the actions taken by the President shall be placed before the next Meeting of the board of trustees to be
called within a month.
5. In all matters to be decided by at simple majority in meetings, casting vote of the President shall prevail in case of equality of votes.
Vice President-cum-Director (Trustee)
1. In the absence of the President, the Vice-president shall discharge all the duties and responsibilities of the President. He / She may exercise any other function, which is assigned by the Governing Council / President. Executive Director / Managing Trustee.
2. He / She shall be in charge of all executive work of the foundation / trust. He shall act under the guidance, supervision and advice from the President and Governing Council.
3. Shall be in charge of the office of the association with all its records, papers and files.
4. Shall call for all meetings of the Governing Council / Annual Meeting/ Special Meeting as per rules and regulations with the approval of the President and maintain the minute’s book and record of all the proceedings of the meetings.
5. To look after and conduct all correspondence relating to foundation / trust including issue of notices for Governing Council, Annual Meeting and Special Meeting.
6. To oversee and sign all vouchers/bills of expenses of the foundation / trust before payment by the treasurer.
Director of Publications
1. Director of Publications shall be responsible for all publications (journal, Newsletter and other publications) of the foundation / trust and their distribution.
Treasurer
1. Treasurer shall keep all accounts and ledgers of the foundation / trust.
2. He / She shall operate the bank account(s) with the President or Executive Director / Managing Trustee as decided by the Governing council.
3. He/ She shall receive all monies in cheques/drafts (to avoid cash transactions as far as possible) and record the receipts in the book/ ledger maintained for the Purpose.
4. He/ She shall arrange for the investment of surplus assets/income as approved by the Governing Council in conjunction with the President and Executive Director /Managing Trustee.
5. To submit all books and papers relating to receipts and expenditures, cash books, bank pass books, etc., to the President and Executive Director / Managing Trustee/ President once in a month or even earlier for scrutiny and signature.
6. To prepare yearly accounts of receipts and expenditures and have the same audited by an auditor approved by the Governing Council and place it before Governing Council Meetings / Special Meeting for ratification.
7. To maintain a contingency cash of Rs 1000/- or such amount as may be decided by the Governing Council.
12. Validity of Proceedings
1. The proceedings of the meeting of the board of trustees, acting under the rules and regulations of the foundation shall not be invalidated by any accidental omission to give any notice hereby required or by any vacancy among its trustees or by any defect in the qualification of any trustees.
2. Whereby or under the rules and regulations or a thing is required to be done by the foundation, the same to be done by board of trustees of the foundation after convening a meeting for the purpose.
13. Amendment to memorandum, rules and regulations
1. Proposal for change in the memorandum, rules and regulations of the foundation /trust as and when necessary shall ordinarily be considered at a Special Meeting specifically convened for this purpose by the board of trustees. The proposed change must reach the Headquarters of the foundation Viz. President and Managing trustee / Executive director, at least two months before the date of the meeting. This shall be circulated to all the trustees for opinion at least One month before the date of the meeting. The notice of the proposed change must be given in the agenda of the meeting. No such proposal shall be carried into effect unless it is agreed to by three of the five trustees present at a meeting convened for the purpose. (The notice shall mean that the actual word for the proposed alterations hall be included in the agenda of the meeting).
2. Where ever rules and regulations of the foundation do not exist or are conflicting, the foundation shall be guided by the provisions under the Indian Trusts Act.
14. Funds and Investments:
The foundation shall raise funds in the following manner:
1. Contributions from individuals, statutory organizations, institutions, state and Central governments and any other source from India and abroad which the board of trustees may approve and authorize.
2. The foundation shall not borrow any loan from any individual or organization or any Government or any source.
3. The investments of the funds of the foundation shall be made by the Executive Director-cum-Managing trustee, Director after approval by the Governing Council in the investments authorized by the law for the time being in force relating to the investments of the trust funds preferably in the nationalized banks or public sector financial institutions with central Government securities.

15. Suits and Proceedings
The foundation may sue or be sued in the name of the Managing Trustee / Executive Director
16. Indemnity
Any trustee of the foundation shall not be indemnity against all liabilities arising out of the acts and things done by him / her in performance of the duties entrusted by way of damages or otherwise and all loses, costs, charges and expenses which he may incur or becomes liable by reason of any contract entered into or any act or deed done by him as trustee in any way or about the discharge of his duties. All his / her services and actions are provided voluntarily and honorary to the foundation at his/ her own risk and responsibility, the good faith and trust in the true spirit of service for a public cause and consequently the foundation shall not be liable for any indemnity arising out of such acts of omission or commission of its trustees in their official or personal or professional capacitates or in whatsoever manner explained or otherwise.
Lord Jesus Christ & Mother Mary governing council
President – cum - Executive Director (Managing Trustee), Vice-President-cum-Director (Trustee), /Managing Trustee, Director of publications, Treasurer,Chairperson Secretaries of nations.
Part III
Memorandum, Rules and Regulations of the Country Chapters of Lord Jesus & Mother Mary foundation/Trust.
The Country Chapter
1. Each country of the globe shall have a country chapter named as “Lord Jesus & Mother Mary foundation of the respective country concerned(Name of country) or named as appropriate differently and shall / may be registered as a Society / trust / association / as appropriate as per the native country law.
2. The objects of the Country chapter shall be
a) To form an association of professionals, scientists, administrators, academicians and others dedicated towards the elimination of poverty b) To hold conferences, seminars, symposia, workshops, other scientific meets and dissemination of information on eradication of poverty.
c) To publish newsletters, journals, other periodicals and develop audio-visual materials to create awareness and distribute them to increase and improve awareness of humanism to eradicate poverty d) To offer consultation and other expert services for elimination of poverty by adopting different method and strategies
e) To liaise, coordinate, cooperate, network, develop linkages in influencing the Government for the elimination of poverty f) To do such acts and initiate suitable and appropriate measures to control and eliminate animal and human rabies and obviate the problem of rabies in Asia and the world
3. The Governing Council of Lord Jesus & Mother Mary foundation shall nominate a chairperson, who in turn will choose a secretary, treasurer and others which shall be responsible for running the affairs of the chapter in their respective countries. However, the chairman shall be an ex-officio member of the advisory board of Lord Jesus & Mother Mary foundation at the headquarters.
4. The tenure of office of the chairperson shall ordinarily be for two years (January –December) and renewable thereafter. The country chapters shall obtain affiliation with the Lord Jesus & Mother Mary foundation and administer its affairs in accordance with the memorandum of Lord Jesus & Mother Mary foundation/trust.
5. The address (including fax, e-mail, mail and telephones) of the country chapter shall be at the office or a place of the chairperson.
6. The jurisdiction of the country chapter shall be the country of the Association.
7. The chairperson is authorized to correspond with the Lord Jesus & Mother Mary foundation, with the respective country authorities, association members and others as appropriate. He / She shall seek affiliation with Lord Jesus and Mother Mary foundation.
8. The country chapter shall be voluntary, non-profitable and scientific body. The income of the country chapter by whatever means it might derive shall be utilized for the purpose of objects of the association and shall not be distributed among the members of the association or any person(s) or body of persons.
9. The Governing Council of Lord Jesus & Mother Mary will authorize chairpersons & or his / her secretary (chosen by the chairperson) of the country chapters to open bank accounts and do financial transactions. The financial reports shall be sent to Lord Jesus & Mother Mary foundation Governing Council.
10. The membership of the country chapter shall be open to.
i. Individuals.
A. Honorary Member: Any individual professional, scientist, administrator, Academician and others who have contributed significantly / worked on the concepts and thought towards eradication of poverty.
B. Honorary Fellow: This is an honor which is conferred on an honorary member (or any other individual) at a meeting of the association in recognition of his / her meritorious work on rabies.
ii. Institutions
Any institution viz., Government or Non-Government which is working in the area of eradication of poverty
11. All memberships are subject to approval by chairperson of the country chapters in consultation with the Lord Jesus & Mother Mary Governing Council.
IN WITNESS WHEREOF, the authors of this Trust have signed this Deed of Trust on the date first above written in the presence of the following witnesses.
WITNESSES & THEIR ADDRESSES. SIGNATURE OF TRUSTEES.


1. 01. SAMBHUNATH TIADI


02. MINAKETAN DASH,


2. 03. MILLAN KUMAR TRIPATHY






Drafted and prepared by me


Advocate, Bhubaneswar

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