| History & Memorandum of Articles of the ABE |
Origin of the Archdiocesan Board of Education
The Church sees herself not merely as the guardian of Faith and Morals and the teacher of the Gospel, but equally as Servant Church, whose mission is to serve beyond the boundaries of her own community. The Church has always upheld her right and duty to active participation in the entire field of Education, as mission entrusted to her by Christ “go and make disciples of all nations” ( Mt 28:20). Our Education today focuses on preparing persons for life -competencies to enable them to fulfill their role as agents of change and development in a growing democracy.
For the massive investment that the local Church has made in Education, for the vast network of Educational Institutes, there was a felt need of an AGENCY that can carry out tasks like co-ordination, research and documentation, planning and laisioning with the Department and other at the Diocesan Bodies besides being a pace–setter. The Diocesan Board of Education Consultation for Catholic Schools in 1984 had an important Resolution which reads –
“ That there be a properly reconstituted Board of Education with a full time executive arm, financially supported by our Schools, which helps the Schools, co-ordinates their efforts towards our common goals and offers services in legal and administrative problems.”
The Archdiocesan Board of Education being officially registered in 1985 as an Association under the Society’s Registration Act –XXI / 1860, is now a certified body with its own Memorandum and duly established Rules and Regulations, for Catholic Institutions in Maharashtra and the Districts of Thane and Raigad. It has been presently functioning as a Federation of Schools for the last 20 years. The recent Consultation of Catholic Schools held in November 2004, reviewed the role of the ABE and recommended that its be an umbrella body for all Catholic Institutions, and that it’s role be extended to meet the needs of Catholic Education in the context of today.
THE ARCHDIOCESAN
BOARD OF EDUCATION
FOR
CATHOLIC INSTITUTIONS
MUMBAI, THANE & RAIGAD DISTRICTS,
MUMBAI, MAHARASHTRA, INDIA
The Memorandum of Association
with
Rules and Regulations
of
The Archdiocesan Board of Education
(as amended till July 2004)
Registered Office:
The Archdiocesan Board of Education
C/o Holy Name High School, 2nd Floor, 5 Convent Street, Mumbai - 400 001
Ph.: 2202 9608 / 2287 3990
INDEX
I. Certificate of Registration _ The Societies' Registration Act. 1860 _ Copy
II. Certificate of Registration - The Societies' Registration Act. - Translation
III. MEMORANDUM OF ASSOCIATION 7
PARAGRAPH SUBJECT
1 Name
2 Principal Office
3.1 to 3.6 Objects
4.1 to 4.14 Subsidiary Objects
5.1 to 5.2 First Executive Committee
5.3 Subscription
IV. RULES AND REGULATIONS 13
RULE SUBJECT
1.1 to 1.9 Interpretation
2.1 to 2.2 Affiliated Institution Application
2.3 Affiliation Fees
2.4 Cessation of Affiliation
3.1 Membership of the Board
3.2 Ex Officio Members
3.3 Ordinary Members
3.4 Co-opted Members
4.1 to 4.2 Conditions for membership of Board
4.3 Cessation of membership
5.1 Powers of Board
5.2 Routine Business
5.3 to 5.4 Finance
5.5 to 5.7 Office Organisation
5.8 to 5.10 Financial Assistance
5.11 to 5.15 Property
5.16 Management of other Funds
5.17 to 5.19 Discipline
5.20 to 5.21 Amendments
6.1 Office bearers of the Board
6.2 to 6.3 Executive Committee of the Board
7.1 Trustees
8.1 to 8.4 President
8.5 Vice-Presidents
9.1 to 9.10 Secretary
10.1 to 10.8 Treasurer
11.1 to 11.2 Composition of Executive Committee
12.1 to 12.2 Executive Committee-Functions
13.1 to 13.3 Powers of Executive Committee
13.4 to 13.6 Terms of Office
14.1 to 14.2 Audit and Accounts
15.1 General Body Meetings of Board _ Notice
15.2 Business at General Body Meetings
15.3 Extraordinary General Body Meetings
15.4 Quorum for General Meeting
15.5 Chairperson
15.6 Voting Rights and Procedure
15.7 Evidence of Result of Voting
15.8 Minutes
16.1 to 16.2 Attendance Book and Minutes Book
17.1 to 17.2 Executive Committee Meeting
17.3 to 17.4 Quorum for the Executive Committee Meetings etc.
18.1 Sub-Committee Meeting
19.1 to 19.2 Amendments
20.1 Juridical nature of Board
21.1 to 21.2 Dissolution
TRANSLATION COPY
CERTIFICATE OF REGISTRATION
THE SOCIETIES' REGISTRATION ACT, 1860
(ACT XXI OF 1860)
Maharashtra State
Registration No. 815 G.B.B.S.D. 1985
IT IS HEREBY CERTIFIED THAT THE ARCHDIOCESAN BOARD OF EDUCATION FOR CATHOLIC INSTITUTIONS, BOMBAY, THANE AND RAIGAD DISTRICTS, BOMBAY.
has this day been duly registered under the Societies Registration Act XXI of 1860.
Given under my hand this 19th day of November 1985
SEAL Sd./-
Assistant Registrar of Societies,
Greater Bombay Region
MEMORANDUM OF ASSOCIATION
of
THE ARCHDIOCESAN BOARD OF EDUCATION FOR CATHOLIC INSTITUTIONS, BOMBAY, THANE AND RAIGAD DISTRICTS, BOMBAY, MAHARASHTRA, INDIA
(Registered under the Societies' Registration Act, XXI of 1860)
1.1 The name of the Society shall be:
The Archdiocesan Board of Education for Catholic Institutions, Bombay, Thane and Raigad Districts. The short name shall be the "Board".
2. The principal office of the Society will be situated at Bombay in the State of Maharashtra, for the time being at 21, Nathalal Parekh Marg, Bombay, 400 039. It may be shifted as desired by the Executive Committee.
3.1 The objects for which the Board is established are Educational, as under:
3.2 To further the cause of education particularly amongst its member constituents and in general through educational institutions' work and activities in the City of Bombay, and Districts of Thane and Raigad irrespective of race, community, religion, language, social status;
3.3 To advice and guide member-constitutents and other educational institutions or educationists as seek assistance on all matters related to education whether adminstrative, legal, financial or otherwise, and to monitor their activities:
3.4 To plan, provide and co-ordinate provision of services in the cause of education in particular to its member-constitutents and especially in the matter of:
i) sharing benefits and resources, and
ii) solving problems of curricula.
3.5 To promote related research activities and conduct studies and investigations as necessary on educational matters
3.6 To provide facilities for and to undertake the education, training, work-relationship adjustments and rehabilitation of its members and others in the educational field.
4.1 The Subsidiary Objects or means to achieve the above educational objects are:
4.2 To represent its member-constitutents before any Court, Tribunal, or other concerned authority be it Governmental, Central, State, Semi-Government, Municipal, or any other local authority in all matters related to education;
4.3 To represent its cause at State, National and International conferences or committees or organisations for the furtherance of aims and objects similar to those of the Board;
4.4 To make, devise and define common policies in all matters pertinent to education whether administrative, legal or financial, or other matters of common interest to educationists;
4.5 To set up panels, study-teams committees, workshops, seminars, conferences, etc., with a view to carrying out specially designed programmes for in-service training in education and to help render viable, projects, schemes and plans, etc., undertaken by its members in the implementation of the Board's policies;
4.6 To institute, offer and grant prizes, awards, scholarships and stipends in furtherance of the objects of the Board and to take over administration of scholarships and prizes;
4.7 To subscribe or give donations to and generally or otherwise to aid institutions and objects which have a moral or other claim to support or aid by the Board by reason of the location of their operations, or otherwise, for educational purposes;
4.8 To provide and run documentation centres;
4.9 To collect, organise and disseminate teaching and other material on education;
4.10 To disseminate information in field of education through various media;
4.11 To undertake, sponsor, assist in the preparation and exhibition of pamphlets, books, posters, and other mass communication media as may be considered necessary, desirable and expedient for promoting the objects of the Board;
4.12 To seek affiliation to any organisation, federation or body having all or any of the aims and objects of the Board or in furtherance of the same;
4.13 To encourage and promote mutual co-operation among memberconstituents in particular, through co-curricular and sponts' activities;
4.14 To foster close Manager-Head and Principal/Head-staff relationships.
5.1 The management of the affairs of the Board is entrusted in accordance with the Rules and Regulations to the Executive Committee (Governing Body)
5.2 The names, addresses and occupations of the members, all of Indian nationality, of the first Executive Committee of the Board, as on the date of the formation of the Board are as follows.
SR SIGNATURE ADDRESS OCCUPATION DESGNATION
1. Sd./- 21, Nathalal Parekh Marg, Archbishop President
(Dr. SIMON I. PIMENTA) Fort, Mumbai-400 039 of Bombay
2. Sd/- 21, Nathalal Parekh Marg, Auxiliary Bishop Second
(Bp. Longinus Pereira) Fort, Mumbai-400 039 of Bombay Vice-President
3. Sd/- 21, Nathalal Parekh Marg, Auxiliary Bishop First Vice-
(BP. FERDINAND FONSECA) Fort, Mumbai-400 039 of Bombay President
4. Sd/- St. Andrew's College, Manager Member
(MSGR. NEREUS RODRIGUES) Bandra, Bombay - 50
5. Sd/- 21, Nathalal Parekh Marg, Priest Secretary
(FR. RONALD BRAGANZA) Fort, Mumbai-400 039
6. Sd/- St. Michael's High School Principal Elected
(FR. JOHN RODRIGUES) & Jr. College, Mahim, Member
Mumbai16
7. Sd/- Our Lady of Lourdes Manager Elected
(FR. GREGORY LOBO) High School, Kalyan, Dist. Member
Thane - 421 304.
8. Sd/- Sacred Heart High School Manager & Elected
(FR. RODNEY ESPERANCE) Santa Cruz, Mumbai - 54. Principal Member
9. Sd/- St. Theresa's High School Principal Elected
(SR. CYNTHIA FERNANDES) Girgaum, Mumbai - 4 Member
10. Sd/- St. Theresa's High School Principal Elected
(SR. EDWINA, C.C.R.) Santa Cruz, Mumbai - 54. Member
11. Sd/- St. Francis D'Assisi Principal Elected
(BRO. CYPRIAN) High School Member
Borivli, Mumbai - 400 103.
12. Sd/- St. John the Baptist Principal Elected
(FR. ERNEST RODRIGUES High School and Jr. College Member
Thane - 400 601.
5.3 We the several persons whose names are subscribed, are desirous of being formed into a Society under the Societies' Registration Act. (XXI of 1860) in pursuance of this Memorandum of Association wherewith is filed a copy certified in the manner prescribed by the said Act, of the Rules and Regulations of the Society.
SR SIGNATURE ADDRESS OCCUPATION
1. Sd./- 21, Nathalal Parekh Marg, Archbishop
(Dr. SIMON I. PIMENTA) Fort, Mumbai-400 039 of Bombay
2. Sd/- 21, Nathalal Parekh Marg, Auxiliary Bishop
(Bp. Longinus Pereira) Fort, Mumbai-400 039 of Bombay
3. Sd/- 21, Nathalal Parekh Marg, Auxiliary Bishop
(BP. FERDINAND FONSECA) Fort, Mumbai-400 039 of Bombay
4. Sd/- St. Andrew's College, Manager
(MSGR. NEREUS RODRIGUES) Bandra, Bombay - 50
5. Sd/- 21, Nathalal Parekh Marg, Priest
(FR. RONALD BRAGANZA) Fort, Mumbai-400 039
6. Sd/- St. Michael's High School Principal
(FR. JOHN RODRIGUES) & Jr. College, Mahim, Mumbai16
7. Sd/- Our Lady of Lourdes Manager
(FR. GREGORY LOBO) High School, Kalyan, Dist.
Thane - 421 304.
8. Sd/- Sacred Heart High School Manager and
(FR. RODNEY ESPERANCE) Santa Cruz, Mumbai - 54. Principal
9. Sd/- St. Theresa's High School Principal
(SR. CYNTHIA FERNANDES) Girgaum, Mumbai - 4
10. Sd/- St. Theresa's High School Principal
(SR. EDWINA, C.C.R.) Santa Cruz, Mumbai - 54.
11. Sd/- St. Francis D'Assisi Principal
(BRO. CYPRIAN) High School
Borivli, Mumbai - 400 103.
12. Sd/- St. John the Baptist Principal
(FR. ERNEST RODRIGUES High School and Jr. College
Thane - 400 601
Bombay, 25th July `85.
The signaturies from (1) to (12) have signed
Before me
Sd./-
(ROY ALPHONSO)
25-7-85
Senior Authorised Representative
Income tax Appelate Tribunal
Bombay Bench-E, Bombay.
(Seal)
RULES AND REGULATIONS
of
THE ARCHDIOCESAN BOARD OF EDUCATION FOR CATHOLIC INSTITUTIONS, BOMBAY, THANE AND RAIGAD DISTRICTS, BOMBAY, MAHARASHTRA, INDIA
(Registered under the Societies' Registration Act, XXI of 1860)
1.1 In these Rules and Regulations unless there is anything in the context repugnant to or inconsistent therewith :
1.2 The `Board' shall mean the Archdiocesan
Board of Education for Catholic Institutions,
Bombay, Thane and Raigad Districts,
Bombay Maharashtra, India.
1.3 The `Executive Committee' shall mean the Executive Committee of the Board,
constituted as provided by these Rules and
Regulations to manage the affairs of the
Board to the extent authorised hereunder.
1.4 `Trustees' shall mean such members of the Executive Committee as are constituted
Trustees of the Board under the provisions of these Rules and Regulations for the purpose set out herein.
1.5 The `Act' shall mean the Societies' Registration Act or any modification thereof for the time being in force.
1.6 Words importing the singular number shall be deemed to include the plural and vice versa and the masculine form of words shall include the feminine.
1.7 `Affiliated Institution'
shall mean, a minority educational institution established and administered by
Catholic Organisations with the approval of and under the overall jurisdiction
of the Archbishop of Bombay .
This includes :
i) Such Diocesan educational institution conducted by Priests, or religious
personnel
in the Archdiocese, or
ii) Such other Catholic educational institution in the Archdiocese whether run by religious congregations or by lay Catholics.
1.8 `Manager' is one who is appointed by the competent Authority / Superior to hold office as the Manager of the affiliated institution or one officially delegated by the Manager to hold such office for a period to be specified.
1.9 `Principal' or Head is one who has secured a professional qualification recognized by the Education Department and/or any University to hold such post in an affiliated institution and is holding such a post.
2.1 The application for Affiliation of an Educational Institution shall be made to the Archbishop of Bombay in writing in the prescribed form and manner jointly by the Manager/Chairman of the Governing Body and the Principal/Head for the time being in office.
2.2.1 The Archbishop shall, if necessary, on the recommendation of the Executive Committee, consider such complete application and decide the question of admission in absolute discretion. Such decision shall be final and the Archbishop need not disclose the reasons for refusal.
2.3 For the first three years of membership the affiliation fees will be charged on following basis :
For Institutions with :
Upto 500 students, Rs. 300.00 p.a.
Upto 1000 students, Rs. 500.00 p.a.
Upto 1500 students, Rs. 800.00 p.a.
Over 1500 students, Rs. 1000.00 p.a.
Thereafter from the fourth year a flat annual fee of Rs. 300.00 per affiliated institution or such enhanced or reduced fees as decided by the Executive Committee from time to time to meet the expenses to fulfil the objects of the Board, shall be chargeable.
2.4 Affililation shall cease :
i) Upon the Institution ceasing to exist, or
ii) Upon any redical change in the constitution, a circumstance to be determined by the
Archbishop. For this purpose, any change in the constitution of an Affiliated Institution shall be intimated to the Archbishop.
iii) Upon an affiliated institution deciding in writing, with the approval of the Archbishop, to opt out of affiliation.
iv) Upon withdrawal of affiliation by the Archbishop, for non-compliance of Rules and Regulations of the Board.
3.1 The Board shall consist of initially the twelve members subscribing to the Memorandum of Association but thereafter shall be composed of a minimum of thirty members and a maximum of two thousand members divided into three classes, namely,
i. Ex officio members
ii. Ordinary members
iii. Co-opted members
Being majors, who may be either men or women.
3.2 The Archbishop of Bombay and His Auxiliary Bishops shall be ex-officio members.
3.3 The ordinary members of the Board shall be such Managers and Principals (or Heads) of affiliated institutions (limited to a maximum of two per institution) admitted according to the procedure and on the conditions set out in these Rules
3.4 The Board may through the Executive Committee take on co-opted members as follows :
i) Superior Generals, Provincials and Regional
Superiors of Religious congregations residing in Bombay, Thane and Raigad Districts and running educational institutions in the Archdiocese of Bombay.
ii) Twenty members being educationists of whom fifteen will be lay-Catholics, for a term to be specified, not exceeding one year.
iii) Such other persons not exceeding five in number whose advice, assistance, expertise and guidance will, in the opinion of the Executive Committee, benefit or be to the advantage of the Board for a term to be specified, not exceeding one year.
4.1 Candidates for membership as at 3.3, [other than ex-officio members, co-opted members as at 3.2, 3.4, (i), (ii) and (iii), and lay persons]
being religious personnel under the overall jurisdiction of the Archbishop, shall in accepting
such appointment as Managers and/or Heads of Institutions be deemed to have:
i) Expressed his intention for membership,
ii) Undertaken to be bound by the provisions
of the Memorandum of Association and to abide by the Rules and Regulations of the
Board, to carry out the Board's policies and to obey its directives.
iii) Undertaken further, to submit their respective institutions/organizations to inspection by the Executive Committee or
its delegate(s) when called upon to do so, to ensure general and uniform compliance with the directives and policies of the Board, and
iv) Undertaken as a personal duty to make arrangements for the payment of all dues of the affiliated institutions to the Board, to the extent of the powers vested in the member in this regard.
4.2 Lay person, holding office as Managers/Heads of Institutions, and being eligible for ordinary members as at 3.3 shall apply to the
Archbishop in writing:
i) Expressing his intention for membership,
ii) Undertaking to be bound by the provisions of the Memorandum of Association and to abide by the Rules and Regulations of the Board, to carry out the Board's policies and to obey its directives.
iii) Undertaking further, to submit their respective institutions /organizations to inspection by the Executive Committee or its delegate(s) when called upon to do so, to ensure general and uniform compliance with the directives and policies of the Board, and
iv) Undertaking as a personal duty to make arrangements for the payment of all dues of the affiliated institutions to the Board, to the extent of the powers vested in the member in this regard.
The Executive Committee shall consider such application, and make its recommendation to the Archbishop, who will decide in absolute discretion, the question of admission. His decision shall be final and in case of rejection
of the application shall not be bound to intimate any reasons.
4.3 Membership shall cease upon :
i) his death or notice by the member of his intention to withdraw or
ii) the member's transfer from or relief of responsibilities towards the affiliated institution, or
iii) his expulsion by the Archbishop, either on his own accord or on the recommendation
of the Executive Committee if necessary, on a charge of non-compliance with the directives of the Board or any other actions
or activities which the Executive Committee considers to be derogatory to the standing of the Board or for any other reasons it considers grave and sufficient, provided that the member concerned is given an opportunity to show cause why such disciplinary action should not be taken, or
iv) upon the relevant institution forfeiting its affiliation as provided in these Rules, or
v) upon a co-opted member ceasing to hold qualifying office as specified in rule 3.4 i, or
vi) on expiry of the term for which the member is co-opted in terms of rule 3.4. ii or iii.
5.1 The Executive Committee shall have the power: to do all such things as may be necessary, expedient or incidental to the attainment of the aims and objectives of the Board, or any of them, and is specifically empowered to exercise the following functions for the purpose of the Board, namely,
5.1 A To guard and defend the rights of member-
constituents whose rights as minority educational institutions are enshrined in the Constitution of India.
5.2 To admit, or refuse admission to, affiliated institutions and members, to prescribe and to collect membership fees or other dues from members and affiliated institutions and others;
5.3 To borrow or raise money, with or without security and for such purpose to pledge or hypothecate all or any of the moveable or immoveable property belonging to the Board
or provide security in any other manner as may be deemed necessary, expedient or desirable, in accordance with the law;
5.4 To draw, make accept, endorse, discount, execute, sign, issue or otherwise deal with cheques, drafts, hundies, certificates, receipts, Government notes, bills of exchange or other instruments and securities whether negotiable transferable or not;
5.5 To establish any pension or gratuity scheme or funds or any provident or other fund for the benefit of the employees and worker of the
Board, to amend and make rules for the same;
5.6 To incur expenditure in sending employees,
members or representatives to any place in such manner and to such extent as may be deemed necessary and expedient;
5.7 To appoint or employ temporarily or permanently any person or persons as may be required for the purpose of the Board and to pay them or other persons at the discretion of the Executive Committee, honararia, salaries, wages, provident fund contribution and pension in return for services rendered to the Board, and to give aid to and provide for their welfare
and that of persons who have rendered service to the Board;
5.8 To extend financial assistance as far as possible and practicable for the effective management of affiliated institutions and for this purpose to assist in getting such financial or other support from Government, Semi-Government, municipal and other local bodies and National or International agencies or organizations, as may be available;
5.9 To invest and deal with funds and moneys of the Board to further the aims and objects of the Board;
5.10 To issue appeals and make or prefer applications for the purpose of procuring contributions to the funds of the Board or its members-constituents or members of the public, in the shape of grants-in-aids donations, subscriptions or otherwise, in all cases for educational purposes only;
5.11 To receive aid in cash or in kind or any gift of moveable or immovable property with or without any specific conditions which may be accepted by the Executive Committee;
5.12 To purchase moveable and immoveable property including securities and other investments so as to keep the funds of the Board profitably invested and employed for the benefit of the Board in accordance with the Income Tax Act and/or other Central or State Acts;
5.13 To sell, assign, mortgage, lease, exchange or otherwise transfer or dispose of all property, moveable or immoveable, of the Board for the furtherance of the Board's aims and objects;
5.14 To acquire moveable and immoveable property by purchase, lease, hire, exchange or otherwise, wherever the activities of the Board may extend;
5.15 To build, construct, maintain, repair, adapt,
alter, improve, modify, to pull down and buildings and to equip the same with
lights, water drainage, furniture, fittings, instruments and appliances as may
be necessary or convenient for the purpose of the Board;
5.16 To undertake and accept management of any endowment or trust funds or
donations to further the objects of the Board on such terms and/or conditions as
may b agreed, and not otherwise;
5.17 To take steps for ensuring general compliance
by members and affiliated institutions with the directives of the Board or Executive Committee and for supervising their conduct in relation to the board and in accordance with its policies;
5.18 To carry out inspection of the relevant premises and of accounts or of other documents, in the exercise of the powers under Rule 5.17 above;
5.19 To investigate charges of non-compliance with directives, or of actions contrary to the policy or the Board, or of conduct derogatory to the standing of the Board; to take proceedings against defaulters leading, if necessary, to imposition of penalties as the President and the Executive Committee decide including expulsion in terms of rule 4.3.iii.
5.20 To make and enforce Rules and Regulations from time to time and repeal, amend and alter the same.
5.21 To remove the principal office to such other place in Maharashtra as the Executive Committee may think fit and Proper; to open or close any Branch office or offices at any place or places in the State of Maharashtra as the Executive Committee may decide.
6.1 The office bearers of the Board who shall function in the same capacity in the Executive Committee are :
1) The President
2) The First Vice-President
3) The Second Vice President
4) The Secretary
5) The Treasurer
The last two posts may be held by one person
6.2 The management and control of the activities of the Board shall be vested in the Executive Committee according to Rules 11.1, 11.2 and 13.4 and shall comprise of a maximum of fifteen persons as under :
The President
The First Vice-President
The Second Vice-President
The Secretary (Nominated)
Two other nominated members
Nine elected members
The posts of Secretary and Treasurer may be held by one person
6.3 The first Executive Committee of the Board as on the date of its formation consists of the following, subject to the provisions of Rules 11.2 and 13.4
1) President : the Rt. Rev. DR. SIMON I. PIMENTA,
Archbishop of Bombay
2) Second Vice President : the
Rt. Rev. LONGINUS PEREIRA, Auxiliary Bishop
3) First Vice-President :
the Rt. Rev. FERDINAND FONSECA,
Auxiliary Bishop
4) Secretary & Treasurer :
Rev. FR. RONALD BRAGANZA
5) Member : MSGR. NEREUS RODRIGUES
6) Member : Rev. FR. RODNEY ESPERANCE
7) Member : Rev. FR. JOHN RODRIGUES
8) Member : Rev. FR. GREGORY LOBO
9) Member :. SR. EDWINA
10) Member : SR. CYNTHIA FERNANDES
11) Member : BRO.CYPRIAN
12) Member : Rev. FR. ERNEST FERNANDES
7.1 The Trustees in whom all the Property and funds of the Board shall vest and who shall act and deal therewith, always in the best interests of the Board and in accordance with the decisions of the Executive Committee, shall consist of the President (the Chief Trustee) and the two Vice-Presidents, overall with a minimum of two and a maximum of three trustees.
8.1 The head of the Archdiocese shall be the President of the Board, the ex-officio President of the Executive Committee and the Chief Trustee of the Board
8.2 He shall appoint from among the Auxiliary Bishops of the Archdiocese, the two Vice-Presidents who will also be the two co-trustees. He shall appoint a Secretary of the Board who will also hold office as Secretary of the Executive Committee. He shall also nominate two members to the Executive Committee from the ordinary, co-opted and ex-officio members of the Board.
8.3 He shall have the right to attend all meetings of the Board, of the Executive Committee, of the Trustees, or of any sub-committee appointed for carrying out any specific functions of the Board. At meetings attended by him, he shall be the Chairman and shall have a second or casting vote in case of equality of votes.
8.4 He will act on behalf of the Board exercising all such powers and functions necessary for the effective discharge of the functions of the Board including sanction of expenditure in an emergency, upto a maximum of Rs. Five thousand on any one occasion, to be intimated to the Executive Committee for sanction at the next meeting.
8.5 In the absence of the President or in the case
of his inability to attend to his duties under these Rules, the First
Vice-President, and in his absence, the Second Vice-President, will normally be
the chairman at all the meetings of the Board, and of the Executive Committee,
of the Trustees, etc. He will exercise all the functions and hold all the Powers
of the President in the absence of the latter. The Vice-Presidents shall also be
co-trustees with the President as Chief Trustee.
9.1 The Secretary shall after his appointment by the President normally hold office for three years from the date of appointment or for the duration of his posting in the Archdiocese or for the life of the Executive Committee, whichever is shortest. Such term may be extended or curtailed by the President.
9.2 The Secretary is the Executive Officer of Board and the custodian of its Records and Registers and shall also be called the Correspondent for the Board.
9.3 Under the direction of the President, or in due course the Secretary shall issue notices and circulate the agenda of the meetings of the Board, of the Executive Committee and also of other bodies under the Board as he, the Secretary may consider necessary.
9.4 The Secretary will be responsible for recording accurately the minutes of the meetings of the Board and of the Executive Committee, to take out extracts of the same and attest them as and when necessary.
9.5 The Secretary shall receive all papers and correspondence on behalf of the Board and
of the Executive Committee. Unless otherwise directed, he shall submit them for consideration of the Executive Committee or the President when necessary.
9.6 The Secretary shall be in charge of the books,
papers, furniture and other moveable property belonging to the office of the
Board and shall
keep the Registers and files up to date. He shall maintain a register of all the
members containing their names, addresses and all other related information, and
of affiliated institutions (with the relevant particulars)
9.7 All documents executed on behalf of the Board shall be signed by the Secretary other than those in the names of the Trustees. He shall sign all other correspondence on behalf of the Board and Executive Committee.
9.8 The Secretary shall under the guidance of the President, correspond and transact all departmental work with the officers of the Education Department and other related authorities, on behalf of the Board and / or of individual member-constituents.
9.9 The Secretary shall keep the President and the members of the Board informed from time to time of all important matters pertaining to education and the changes, if any, in the relevant policies of the Government.
9.10 He shall perform such other functions and actions, other than financial, as may be deemed necessary and expedient for the working of the Board, and in accordance with directions of the President and Executive Committee, either himself or through others except where by statute or these Rules and Regulations, he is required to act personally.
10.1 The Treasurer shall be appointed by the Executive Committee from among the members of the Executive Committee and shall ordinarily hold office for three years from the date of appointment or till his posting in the Archdiocese is terminated, or for the life of the Executive Committee, whichever period is shortest, and in any case till he hands over charge to his successor in office or to the Secretary, at the direction of the latter.
10.2 The Treasurer shall have the custody of the funds and valuable documents of the Board not held by the Trustees or Secretary or under their authority by any other person.
10.3 The Treasurer is responsible for the maintenance of the Accounts of the Board and of the bodies under it and may give directions as to the manner and dates of their submission to him, for being passed by the Board, and for incorporation in the final accounts of the Board.
10.4 The Treasurer shall receive all moneys, funds and income on behalf of the Board and in particular by way of collection in fees and other dues from affiliated institutions, constituent members and others and shall report to the Executive Committee defaults in payments due even after reminders and other normal steps for recovery have been taken by him or at his direction.
10.5 The Treasurer shall make all disbursements necessary for carrying out the resolutions of and under the directions, standing or specific of, the Executive Committee. However, every payment of deposit in excess of Rs. Two thousand shall require particular sanction of the Board, of the Executive Committee or, in emergency, of the President.
10.6 The Treasurer shall deposit any axcess in the cash balance over Rs. 500/- (Rupees Five Hundred) which is not required for immediate sanctioned payments, in such Bank or Banks as may be approved by the Executive Committee; the Accounts in the name of the Board in any such Bank or Banks will be jointly operated by any two of the following office-bearers : the President, the Treasurer and the Secretary.
10.7 The Treasurer shall make a complete Statement of Accounts of the Board for each year ending on the 30th day of June, get it duly audited and submit the same with the Audit Report to the Executive Committee in time for the Annual General Body Meeting.
10.8 The Treasurer shall perform such other functions or acts as may be deemed necessary or expedient in the financial field, according to the directions of the President, the Executive Committee and the Secretary.
11.1 In addition to Ex-Officio Members, the Executive Committee shall be composed of upto
fifteen persons as under :-
1) The Secretary of the Board appointed by the President to also hold office
as Secretary of the Executive Committee.
2) Two other nominees of the President from among the ordinary and co-opted
members of the Board.
3) One Manager nominated from religious men-members, through CRI-Conference of
Religious of India (Men)
4) Two Managers nominated from religious women-members, through CRI-Conference of Religious of India (Women)
5) Three Managers elected from Diocesan &
Lay members.
6) Three Heads elected from Affiliated Institutions administered by Diocesan/Lay Persons.
7) Two Heads elected from Affiliated Institutions administered by Religious Women.
8) One Head elected from Affiliated Institutions administered by Religious
Men.
11.2 No elected member of the Executive Committee, may continue as such for more than two consecutive terms.
11.2 A Elections of representatives of Religious Men & Women and Diocesan/Lay Persons will be held by their representative member constituencies after nominations and acceptances have been received, in the manner decided by the Executive Committee.
12.1 The management of the business of the Board shall be vested in the Executive Committee
12.2 The decisions of the Executive Committee in all matters of policy of the Board will be in the nature of recommendations to the Archbishop, on whose directives the implementation of such decisions, including the guidelines thereof, shall be binding on all affiliated institutions and members of the Board.
13.1 The Executive Committee in addition to the
powers and authority expressly or otherwise conferred upon it as under, may
exercise all such powers on behalf of the Board and do all such other acts and
things as may be exercised or done by the Board (and as are not hereby or by
statute expressly required to be done by the Board in a General meeting) as set
out in
paragraphs 5.1 to 5.21 above.
13.2 The Executive Committee may appoint sub-committees, delegates, representatives and other functionaries as may be deemed necessary and expedient for specific purposes and terms, and accountable to the Executive Committee. The chairperson of a sub-committee will normally be a member of the Executive Committee.
13.3 For ensuring compliance with its directives members of the Executive Committee, and/or any other agents expressly authorized by the Executive Committee in this behalf, are empowered to visit, with due notice, affiliated institutions and other relevant places and to conduct such inspection of records, documents, books of account etc., or to carry out investigations as deemed necessary and expedient for this purpose including the recording of statements on interrogatories or otherwise by the concerned members, their employees, agents, other constituents or any other persons in any way concerned with the activities of the institution.
13.4 The first Executive Committee will hold office for three years and the term of every subsequent executive committee shall ordinarily be three years. Each shall, however, continue to hold office for further terms of six months each if the President is satisfied that should so continue till a fresh committee is duly constituted. The normal terms of the Office bearers and members of the Executive Committee shall correspondingly be extended.
13.4 A One Third (1/3) elected members of the Executive Committee shall retire at the end of every year but shall be eligible for re-election. Those who have come first in point of time shall retire first and for the first two years the decision as to who should retire first shall be taken by drawing lots; unless such retirement takes place by agreement between members.
13.5 The Executive Committee shall operate normally so long as the number of members does not fall below seven. In such event the deficiency shall be made up either by the appointment by the President or by election at a specially called meeting of the Board, or by both means, according to the nature of each vacancy.
13.6 It shall be the duty of the Secretary in regard to every vacancy continuing, beyond three months, to notify either the President (in respect of nominated members) or the Board (in respect of elected members) and to take necessary steps for the filling in of the vacancy.
14.1 Auditors shall be appointed by the General Body at the Annual General Meeting of the Board and their remuneration fixed on that occasion.
14.2 The Treasurer shall arrange by appointment that in respect of the immediately preceding account year, copies of the Audit Report, of the Statement of Affairs or Balance sheet, of the Income & Expenditure Account and Auxiliary statements of Account be kept in the Office of the Board for perusal by members of the Board.
15.1 A general body meeting of the Board shall be held at least three times a year and notice of the time and place of such meeting and the agenda shall be sent in writing by the Secretary at least fourteen days in advance to the members by ordinary post and exhibited on the Notice Board at the Board's Office. However, for General body meetings to be convened for urgent extraordinary and important business, the President may direct that notice be sent at least seven days in advance. However, no General Body Meeting will be invalidated by reason of the non-receipt of the Notice by any member.
15.2 The business at the Annual General Meeting to be normally held within three months of the close of the Account year, i.e. by 30th September each year, shall be as under. :
i) To receive and adopt the Report of the Executive Committee on the working of the Board for the preceding year, the Statements of Affairs or Balance sheet and Income & Expenditure Account and to adopt the Auditor's Report and take necessary action thereon;
ii) To elect members of the Executive Committee for succeeding years as outlined in Rule 11.1 and Rule 11.2 above;
iii) To appoint an Auditor or Auditors and to fix their remuneration; and iv) To transact such other business as may be brought forward by the Executive Committee or any other business that may be permitted by the President/Chair-person and of which at least seven days notice has been given in writing.
15.3 An Extraordinary of Special General Body Meeting may be called to consider any urgent matter requiring the attention of the Board and / or for election of members of the Executive Committee in terms of Rule 13.5 above. At such meetings members may with permission of the Chair bring up other urgent matters provided atleast two day's notice is given to the Secretary before the meeting
15.4 i) Fifty members shall from a quorum for a General Meeting of the Board, whether ordinary or extraordinary or special.
ii) If within fifteen minutes from the time for the General Meeting there is no quorum present, the meeting shall stand adjourned to the same day to half-an-hour later and such adjourned meeting shall transact the same business for which such meeting was called, whether with or without the normal quorum being available.
15.5 At meetings at which President is present he will be the Chairperson. In his absence, the first Vice-President and failing him, the Second Vice-President, will take his place. In case none of these is present, the body will elect a Chairperson for that occasion.
15.6 i) Only the Manager and Principal/Head of the member institutions, Ex officio members and co-opted members have a right to vote.
ii) No delegate or substitute or proxy shall have any voting rights.
iii) At any meeting every question shall be decided by a simple majority vote, preferably by the show of hands.
iv) In case of a tie, the Chairperson will have a second or casting vote
15.7 At any Board i.e. general body meeting, a declaration shall be made by the chairperson that a decision in the form of a resolution has been arrived at or carried by a particular majority, or lost, and an entry to the required effect made in the books of the Board shall be evidence of the fact without proof of the numbers of votes in favour or against such resolution.
15.8 The Secretary, or in his absence, the Treasurer, or any other member duly appointed by the Executive Committee or by the General Body or by the President or the Chairperson of the Meeting, in that order, shall duly record the minutes of the Board meeting under the direction and approval of the Chairperson.
16.1 An attendance book shall be laid on the table at every meeting of the Board, the Executive Committee or any sub-committee in which members present shall enter their names.
16.2 The minutes of any General Body Meeting, Executive Committee meeting or sub-committee meeting shall be open for inspection at the Office of the Board by arrangement with the Secretary.
17.1 The meetings of the Executive Committee will be held as often as considered necessary by the Committee or Secretary or at the direction of the President, at short notice if necessary, to deal with urgent matters arising in the meanwhile.
17.2.1For this purpose the Secretary will give at least fourteen days' notice except for urgent business, when at direction of the President, seven days' notice may be allowed.
17.3 The Quorum for the Executive Committee's meeting will be five members entitled to vote and personally present. If at the meeting called, the quorum is not available, the meeting may be adjourned after fifteen minutes to the same day and place half an hour later. The business of the meeting may on such second occasion be transacted without the normal quorum being available.
17.4 The provisions regarding voting rights and procedures, evidence of results of voting and recording of minutes as set out in Rules 15.5, 15.6, 15.7, 15.8, 16.1 and 16.2 for Board meetings will apply mutatis mutandis to the meetings etc. of the Executive
Committee.
18.1 Any sub-committee formed for a specific
activity of the Board SUB-COMMITTEE should broadly follow the procedure for its
deliberations as for the Executive Committee.
19.1 The Board shall have the power to amend or add to or make any alterations
in or modifications of the Memorandum of Association or any of the foregoing
Rules and Regulations at an Extra-ordinary General Meeting convened for the
purpose by a majority of two-thirds of the members present and voting; provided
that no addition to or modification or alteration or amendment of any of the
said Rules and Regulations shall
be made which may have the direct or indirect effect of subverting any one of more aims and objects of the Board hereinbefore set out to any extent whatsoever. An amendment to the Memorandum of Association must be confirmed at a subsequent general meeting of the Board before if becomes effective. In case of any change in the name of the Board or its amalgamation with another society the provisions of Sections 12 and 12A of the Societies' Registration Act shall apply.
19.2 Any members desirous of proposing any changes in the Memorandum of
Association and/or Rules and Regulations of the Board shall give at least
fifteen days clear notice of such proposals to the Secretary in writing duly
signed by the proposer, duly seconded and supported by at least five other
members.
20.1 The Board may sue or be sued in its name or
in that of the President.
21.1 Should the Board fail to achieve its aims and objects or neglect to
safe-guard the rights and interests of its member-constituents or do any act
detrimental to its existence or continuance thereof, the Head of the Archdiocese
of Bombay is empowered to dissolve the Board.
21.2 If upon the winding up or dissolution of the Board there remains after
satisfaction of
all its debts and liabilities, any property whatsoever, the same shall not be
paid or distributed amongst the members of the Board but shall be given or
transferred to a charitable institution or organization having objects similar
to the objects of the
Board, and which shall prohibit distribution of its income and property amongst its members, such institution or organization to be selected by the members of the Board at or before dissolution by votes of not less than three- fourths the majority as governed by section 13 and section 14 of Societies Registration Act
1860. And if and so far as no effect can be given to the
aforesaid provision, the property
of the Board shall be transferred or paid to any charitable educational
institution recognized under Section 80 G of the Income tax Act, 1961.
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