Saarthak Bye Laws

7/21/2019 Saarthak Bye Laws

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THE BYE-LAWS OF “SAARTHAK” (lkFZkd) SOCIETY

1. Short Title: These rules may be called the Bye-Laws of SAARTHAK Society.

2. Interprettion!"e#inition$: The society shall follow the provisions laid down in the

Himachal radesh Societies Re!istration Act" #$$% &'o. #( of #$$%) hereinafter called as

*Act+ and the rules framed there-under called the Himachal radesh Societies Re!istration

Rules" #$$%. ,nless there is anythin! repu!nant in the subect or contet/

%& *Bye-law+ means a bye-law re!istered or deemed to have been re!istered under

this 0Act1 and includes a re!istered amendment of the bye-law.

'& *Society+ means *SAARTHAK+ &lkFZkd) society re!istered under the

Himachal radesh Societies Re!istration Act #$$%.

& *2ember+ of the Society means a person who has been admitted in the Society

accordin! to the Re!ulations thereof" continues for the time bein! to be a

member of the Society.

& *The 3eneral Body+ means all the member of the Society.

*& *The 3overnin! Body+ means the persons duly elected by the 3eneral Body of

the Society under Section 4( of the Himachal radesh Societies Re!istration

Act" #$$% and entrusted for the time bein! with the mana!ement of the Society

under its re!ulation.

+& *The financial year+ means the period commencin! from the 4 st April and

endin! with the 54st 2arch of the net calendar year.

3. The ,e o# the So.iet/: The 'ame of the Society shall be the 6Saartha7+ &hereinafter

referred to as the Society).

4. The Re0i$tere1 O##i.e o# the So.iet/: The re!istered office of the society shall be located

in 89 Amoboya and until otherwise determined shall be situated at 8..9. Amboya"

Tehsil aonta" :istrict Sirmour" Himachal radesh" ;' 4<5$#(.

TH= B>=-LA?S 9@ *SAARTHAK+ &lkFZkd) S9;=T>

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5. 2i$ion: To identify and wor7 with the impoverished" wea7er and vulnerable sections of the

society to find solutions to the challen!es threatenin! their lives with the ultimate aim of

establishin! an aware" responsible and developed society based upon euality" fraternity

and social ustice" ensurin! sustainable and holistic development with emphasis on human

ri!hts" and a culture of social service throu!h creatin! syner!y and buildin! strate!ic

partnership with the 3overnment" '39s &non-!overnment or!anisations)" SH3s &self help

!roups)" B9s &community based or!anisations) and various national and international

or!anisations by plannin! appropriate downstream and upstream interventions.

6. 3i$$ion Stteent: ,d ltx Ikz;kl tks ,d /kzqo rkjs dh rjg bl

lekt dks lkFZkd jkg fn[kk,xk vkSj bls lQy cukus

dk ges Ik!"kZ fo#okl gS$

7. Ai$ n1 O45e.t$: The aims and obects for which the Society is established are the

followin!/

%& =ducation" research and trainin!/

i. To promote education" especially !irl education.

ii. To conduct educational" environmental and sociolo!ical studies.

iii. To promote use of ;nformation C ommunication Technolo!y &;T) for

socio-economic development of the community.

iv. To or!anise trainin! and refresher pro!rammes for the volunteers and

officials of different 'on 3overnment 9r!anisations to stren!then the

development s7ills of trainees throu!h ;= &information" education and

communication) which they can use in the development sector.

v. To disseminate information and 7nowled!e" to edit" publish" and print

literature and documents" maintain libraries" and to or!anise seminarsD

conferenceD meetin!s etc.

vi. To promote participation of youth &unemployed as well as students) in

income !eneration activities.


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vii. To establish educational" professional and vocational institutions that

would stren!then the developmental process.

viii. To or!anise lectures" seminars and wor7shops to help or stren!then the

character buildin! process.

'& Health/

i. To spread awareness about ST: and H;8DA;:S and wor7 for the welfare

of people livin! with H;8DA;:S &L?HAs).

ii. To wor7 in the field of reproductive and child health services.

iii. To create awareness about communicable and vector-borne disease control

measures throu!h better hy!iene and sanitation.

iv. To narrow the difference between the health status of people on the basis

of their reli!ion" re!ion" caste" class and !ender.

& To encoura!e or!an donation.

& :evelopment/

i. To promote social welfare activities with special emphasis on women

empowerment.

ii. To wor7 for the betterment of wea7er sections viE. SDST" women"

children" senior citiEens" and disabled etc. with a vision of social ustice.

iii. To speed up the process of rural development and stren!then the

a!ricultural" horticultural and animal husbandry sector.

iv. To eliminate child labour" child traffic7in!" and child abuse and focus on

the education and resettlement of these deprived children.

v. To form self help !roups and cooperatives and run income !eneration

activities by lin7in! them with ban7s throu!h micro-credit.

*& To wor7 for environmental awareness" sustainable development and

participative mana!ement of local natural resources for villa!e level

development.


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+& To fi!ht a!ainst social wron!s li7e discrimination and harassment based on

!ender" caste and class.

6& To create awareness amon! people about functions and powers of R;s

&anchayati Ra ;nstitutions) and increase people1s participation in democratic

institutions.

7& To create awareness about disaster mana!ement.

8& To fi!ht a!ainst corruption and ma7e people aware about their le!al and

consumer ri!hts.

%9& To collaborate with corporate houses to fulfil their social responsibilities.

%%& olicy formulation and implementation/

i. To wor7 with the !overnment and other '39s at the policy formulation

level.

ii. To affirmatively coordinate with the State and entral 3overnment in

implementation of developmental schemes.

8. 3e4er$hip:

%& Eli0i4ilit/: Any person who is of sound mind" has faith and commitment to the

9bects of the Society and is desirous of the betterment of the society may

apply throu!h application for a membership to the Society and the 3overnin!

Body may admit such person as one of its ordinary members" subect to the

approval in the 3eneral Body by at least two-third of its members present. 'o person shall be denied admission to this Society on the basis of her or his caste"

creed" se" race" colour or reli!ion. 9n admission a member shall si!n and mar7

his thumb impression on the membership re!ister. rovided that no person shall

be eli!ible for admission as a member of the Society" if sheDhe/

i. is a minor.

ii. is of unsound mind


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iii. has been convicted of a co!niEable offence and sentenced to a term

eceedin! 5 months.

'& A1i$$ion Fee n1 S4$.ription$: The admission fee and annual subscription

to the Society shall be fied by the Society with a provision to alter the same if

and when necessary. The current fees are/

i. Admission @ee/ Rs. 4$$

ii. Annual Subscription @ee/ Rs. 4$$

iii. Life 2embership @ee/ Rs. 4$$$

& Ce$$tion o# e4er$hip: ;f the member is in arrears of prescribed

subscription fee and a period of F( days is over after deliverin! notice to such

member to such effect" the member shall cease to be a member of the Society

after the 3overnin! Body resolves to that effect. Any person who ceases to be a

member for any reason" shall nevertheless remain liable for and pay to the

Society all dues.

& Re-1i$$ion to the So.iet/: Any person who ceases to be a member of theSociety" may be re-admitted to the membership as the 3overnin! Body may

determine.

*& Re$i0ntion: Any member who withdraws from the Society by !ivin! notice in

writin! to the Secretary of his intention to do so and thereupon he shall cease to

be a member provided all his dues to the Society are paid.

+&"i$;li#i.tion: A member may be disualifiedDepelled from the 3overnin!BodyD 3eneral Body of the Society for one or more of the followin! reasons/

i. ;f the member becomes of unsound mind.

ii. ;f the member has been convicted of a co!niEable offence and sentenced

to a term eceedin! 5 months.

iii. ;f the member is disualified for such appointment by an order of a ourt

or Re!istrar for causin! loss to the Society or retainin! property of the

Society or for any other reasons detrimental to the interest of the Society.


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6& E<pl$ion: Subect to the approval of 3eneral body by two-third of its

members present and votin!" a member may be epelled by the 3overnin!

body after first bein! !iven an opportunity to eplain herDhis conduct" in

writin!" to the 3overnin! Body if/

i. The member acts contrary to the interest" reputation and stated obects of

the Society.

ii. The member ceases to fulfil such other conditions as specified in these

Bye-Laws of the Society and for other reasons as may be specified in the

Bye-Laws.

9. 3e4er$hip Re0i$ter:

%& The Society shall maintain at its head office a 2embership Re!ister of its

members and shall enter therein" the followin! particulars" namely/

i. name" address" occupation" and si!nature with date of each member

ii. the date on which the members are admitted

iii. the date on which the member ceased to be members.

'& ;f any member chan!es his address" he shall notify his new address to the

Secretary" who shall thereupon enter his new address in the roll of members. ;f

the member fails to notify his new address" the address in the roll of members

shall be deemed to be his address.

10. =o>ernn.e: The Society shall be controlled by constitutin! !overnance bodies as/

%& 3eneral Body

'& 3overnin! Body

11. =enerl Bo1/:

%& Copo$ition o# =enerl Bo1/:

i. All members on a !iven date shall constitute the 3eneral Body.


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ii. The resident has the ri!ht to invite a person or persons to participate in

the deliberations of the meetin!s of the society" provided that such a

person&s) shall not have the ri!ht to vote.

'& Ri0ht$? @ri>ile0e$ n1 "tie$ o# 3e4er$:

i. The members of the 3eneral Body shall elect the office-bearers and other

members of the 3overnin! Body of the Society

ii. =very member of the Society shall have the ri!ht to participate in public

meetin!s" culturalDeducational functions and other lawful !atherin!s called

andDor arran!ed by the Society.

iii. =very member shall have the duty to actively contribute their talent and

epertise towards promotin! the 2ission and 9bects of the Society.

iv. ;t shall be the duty of every member of the Society to provide all the

necessary information to the Society" pertainin! to any matter which is

necessary to be 7nown by the Society.

& Fn.tion$ n1 @oer$ o# =enerl Bo1/:

i. 3eneral Body is the supreme decision ma7in! body of the Society and it

may amend or chan!e or overrule any decision of the 3overnin! Body.

ii. The 3eneral Body shall consider" frame and adopt the !eneral policy and

the pro!ramme of activities of the Society to be followed durin! the

ensuin! year.

iii. The 3eneral Body may consider any subectDmatter as may be specified in

the a!enda of the meetin! or referred by the 3overnin! Body or raised by

any member of the Society with the permission of the hair.

& 3eetin0$:

i. The 3eneral Body shall meet at least once in a financial year.

ii. Such meetin! shall be held not more than fifteen months after the date of the last precedin! meetin!.


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iii. The meetin! shall be convened" as directed by the resident" under the

si!nature of the Secretary" who will also be the 2ember-Secretary of the

3eneral Body.

iv. The resident of the Society shall also be the resident of the 3eneral

Body and shall preside over its meetin!s. ;n his absence" the 8ice-

resident shall preside over that meetin!.

v. *The annual statement of accounts+ and *the annual report+ on the

activities of the Society shall be placed in the Annual 3eneral 2eetin! for

the approval of the 3eneral Body.

*& ,oti.e: =cept in case of emer!ent meetin!s" < days notice of every meetin!"

to!ether with the a!enda shall be !iven to each member.

+& Spe.il 3eetin0$: The resident may convene a special meetin! of the Society

if sheDhe thin7s fit or if such a meetin! is reuisitioned by at least one-third

members" in writin!.

6& or: The uorum for 3eneral Body meetin! shall be one-half of the total

members.

7& @ro.e1re:

i. All uestions in the meetin!s shall be determined by a maority of votes of

the members of the Society present. =very member of the Society shall

have one vote each and no proy shall be allowed in any manner. ;n case

of a tie" the residentD hairperson shall have the ri!ht to an

additionalDcastin! vote.

ii. =ach member shall have the ri!ht to dissent.

iii. 'o member whose subscription for the time bein! is in arrear shall be

entitled to vote in any proceedin!s of the Society.

8& 3inte$:

i. The Society shall record in the minutes boo7" the minutes of all

proceedin!s of every 3eneral Body meetin!.


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ii. Such minutes shall be communicated to all the members invited for the

meetin! within thirty days of the said meetin!.

%9& Coittee$: The 3overnin! Body subect to the approval of the 3eneral Body

may electDnominate various Standin! or Adhoc ommitteesD Sub-ommittees

for any specified purpose as they thin7 fit and may dele!ate any of the powers

to them and prescribe their functions and proceedin!s to be followed.

%%& The A1>i$or/ Bor1: The 3overnin! Body subect to the approval of the

3eneral Body may appoint an Advisory Board on such terms and conditions as

it deems fit which may have persons other than the members of the Society.

They may be permitted to attend meetin!s of the Society by the 3overnin!

Body however they shall not have a ri!ht to vote.

12. =o>ernin0 Bo1/:

%& Ele.tion: The Society shall elect a 3overnin! Body by resolution passed by a

maority of the members present and entitled to vote at a 3eneral Body meetin!

of the Society. A member of the 3overnin! Body of the Society shall be eli!ible

for re-election. The stren!th of the 3overnin! Body &includin! office bearers

and eecutive members) shall not be less than < and not more than 44.

'& Ter: The term of 3overnin! Body and its members so elected shall be three

years.

& Reo>l: A member of the 3overnin! Body may be removed by the 3eneral

Body in a meetin! specifically convened for such purpose by simple maority

of votes of the members present after affordin! such member an opportunity of

bein! heard.

& Fillin0 p o# .$l >.n.ie$: Any casual vacancy amon!st the 3overnin!

Body for its remainin! period shall be filled by a resolution passed by the

3overnin! Body. Such appointment&s) shall be confirmed by the 3eneral Body

at its net meetin!.

*& 3eetin0$:




i. Fre;en./: The 3overnin! Body shall hold meetin!s as and when

reuired but it shall meet at least once in every three months.

ii. ,oti.e: =cept in case of emer!ent meetin!s" < days notice of every

meetin!" to!ether with the a!enda shall be !iven to each member. 2odern

communication means may also be used for the purpose.

iii. or: The uorum of the meetin! shall be one half of the

membership.

iv. 2otin0: =ach member shall have one vote. ;n case of a tie" the

residentDhairperson shall have the ri!ht to an additionalDcastin! vote.

v. 3inte$: The Society shall record in the minutes boo7" the minutes of all

proceedin!s of every 3overnin! Body meetin!. Such minutes shall be

communicated to all the members invited for the meetin! within thirty

days of the said meetin!.

13. "tie$ n1 @oer$ o# the =o>ernin0 Bo1/: ;n !eneral" the 3overnin! Body shall

eercise all the powers and duties ecept reserved by the 3eneral Body or restricted in

these Bye-Laws" to mana!e the affairs of the Society and to enable it to function smoothly

and effectively. ;t shall" however" eercise these powers within the contet of the 8ision"

the 2ission and the 9bects of the Society and the advice it receives from the 3eneral

Body. ;n particular" the 3overnin! Body shall have the followin! powers and duties/

%& To initiate and supervise activities of the Society for performin! its functions

specified in the 2emorandum.

'& To interpret the memorandum and notified Rules C Re!ulations and the Bye-

Laws of the Society.

& To collect andDor accept funds for the Society by way of subscriptions"

donations" !rants" !ifts" etc.

& To ma7e the bud!et and incur ependiture for conductin! the business of the

Society.


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*& To 7eep a true account of assets and liabilities" to acuire" sell" mort!a!e"

chan!e" or otherwise dispose or deal with any property of the Society for

promotin! the aims and obectives of the Society.

+& To prepare the *annual statement of accounts+ and *annual report+ on the

activities of the Society.

6& To appoint or remove the staff as and when necessary.

7& To establish liaison with such other SocietiesD'39s and other bodies as is

considered in the interest of the Society and to decide upon the representation

of the Society on such bodies.

8& To institute medals" priEes" scholarships" etc.

14. "tie$ n1 @oer$ o# the O##i.e Berer$:

%& @re$i1ent: The resident shall preside over all the meetin!s of the Society"

3eneral Body and the 3overnin! Body. ?henever it is necessary resident may

dele!ate his powers to the 8ice-resident.

'& 2i.e-@re$i1ent: The 8ice-resident shall assist the resident in all matters and

perform all the duties and responsibilities dele!ated or assi!ned to him from

time to time by the resident or the 3overnin! Body. :urin! the absenceD

unavailability of the resident the 8ice-resident shall act as the resident.

& Se.retr/: The Secretary shall be in char!e of all correspondence and records

of the Society and 7eep the minutes of all the meetin!s. The Secretary shall

eercise !eneral supervision over the staff and affairs of the Society.

& The oint Se.retr/: The Ioint Secretary shall assist the Secretary in all

matters and perform all duties and responsibilities dele!ated or assi!ned to him

from time to time by the residentD Secretary or the 3overnin! Body. :urin!

the absenceD unavailability of the Secretary the Ioint-Secretary shall act as the

Secretary.

*& The Tre$rer: The Treasurer shall receive all the sums of money due to the

Society and issue receipts thereof. SheDhe shall 7eep all accounts of the Society


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and prepare annual statement of accounts for submittin! to the 3eneral Body.

He shall prepare list of defaultin! members.

+& Interi Coittee: The resident and the Secretary shall act as an ;nterim

ommittee of the ouncil for disposin! of minor matters" which in their

ud!ement" do not call for submission to the entire 3overnin! Body" subect to

approval of the 3overnin! Body at its net meetin!.

6& The 3overnin! Body may assi!n any specific responsibility to any of its

members.

15. Con1.t o# B$ine$$ 4/ Cir.ltion n1 the D$e o# ICT: ;n certain cases the business

of the 3eneralD3overnin! Body may be carried out by circulation amon!st all its

respective members and the resolution so circulated and approved by a maority of the

members si!nin! shall be bindin! as if such resolution has been passed at a meetin! of the

3eneralD3overnin! Body" provided that at least two-third of the members of the respective

body have recorded their views on the resolution so circulated. The use of modern means

of communication" the ;nformation C ommunication Technolo!y" includin! e-mail" sms"

etc. shall also be valid and acceptable for recordin! the views and approval of the member

on any issue and resolution etc.

16. Sit$ 4/ n1 0in$t the So.iet/: The Society may sue or be sued in the name of the

Secretary or the resident of the Society and within the territorial urisdiction nearest to its

Head Juarters.

17. Contr.t$ n1 A0reeent$: All contracts and a!reements for and on behalf of the

Society shall be si!ned by the Secretary of the Society with the consent of the resident

and subect to post-facto approval from the 3overnin! Body.

18. Finn.il 3n0eent:

%& Fn1$: Sources of income of the Society are as under/

i. Admission fees and subscription from the members of the Society.


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ii. 3ifts" donations" special contributions or !rants by individuals" the

3overnment" public sector underta7in!s" private enterprises" associations"

institutions and or!anisations.

iii. @und raisin! activities.

iv. ;ncome from investments.

v. Receipts of the Society from other sources.

vi. The Society may also borrow or raise any money that may be reuired by

the Society upon such terms and conditions as may be deemed necessary

and epedient.

'& To meet the day to day ependiture the Treasurer may 7eep a reasonably small

amount with him as cash" but the bul7 of the sums received by the Society shall

be deposited in ban7 accounts in the name of the Society in any of the

commercial ban7s. These ban7 accounts shall be operated ointly by at least any

two out of the Treasurer" the Secretary and the resident. The 3overnin! Body

may" however" from time to time authorise one or more members of the Society

to sin!ly or ointly operate subsidiary accounts of the Society for specific

purposes. ?henever necessary the 3overnin! Body may dele!ate the

disbursin! power to any member of the Society" subect to approval of the

3eneral Body in its net meetin!. Sincere effort should be made to ensure that

all the transactions of the Society are made throu!h proper ban7in! channels"

vide cheues &*account payee only+ wherever possible)" drafts" online transfers

etc. so that all the monetary transactions are easily traceable and transparent.

19. Boo$ o# ..ont:

%& The Society shall 7eep at its head office proper boo7s of accounts in which

shall be entered accurately/

i. All sums of money received with source thereof" and all sums of money

epended by the Society and the obects or purpose for which such sums

are epended.

ii. The assets and liabilities of the Society.


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iii. The details of immovable property acuired by the Society.

'& The Society shall maintain the followin! procedureD boo7s of accounts/

i. The Society shall follow :ouble =ntry Boo7-Keepin! system and shallmaintain all boo7sDre!isters of accounts reuired.

ii. The computerised system of accounts and audit may be followed.

iii. ash boo7 showin! daily receipt and ependiture" and the balance at the

end of each day.

iv. Receipt boo7" containin! forms in duplicate" one of each set to be issued

with details for money received by the Society and other to serve as

counterfoil.

v. 8oucher1s file" containin! all debit and credit vouchers" numbered serially

and filed chronolo!ically.

vi. Stoc7 re!ister for 7eepin! the record of all the consumable and permanent

articles of the society.

& The boo7s of account shall be open to inspection by the office-bearer or

member of the Society or the Re!istrar or the person authorised by the

Re!istrar durin! the office hours. Any other person shall have access as

specified under the Ri!ht to ;nformation Act" #$$(.

20. 2eri#i.tion o# ..ont$? retrn$ n1 re0i$ter$: The accounts" returns and re!isters of

the Society specified in the Act and the rules" shall be verified by the resident and the

Secretary of the Society and in each such account" return and re!ister" the followin!

declaration shall be endorsed in to7en of such verification" namely/ *; declare that the

particulars furnished above are true and correct to the best of my 7nowled!e and belief.+

21. A1it: The account of the Society shall be audited by hartered Accountant annually to

be appointed by the 3overnin! Body for the purpose. The accounts can also be audited by

any !overnment a!ency if instructed by the !overnment to that effect.


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22. St## 3e4er$: The 3overnin! Body may employ the persons for the purpose of the

Society and !ive salaries" wa!es and other emoluments to them. The staff may be

employed on full time andDor part-time basis. The rules for appointment" wor7in! and

removal of the staff members shall be framed by the 3overnin! Body. The staff will be

directly under the supervision and control of the Secretary and the resident. 'o paid

official of the Society is entitled to become a member of the 3eneral Body or see7 election

to the 3overnin! Body.

23. ,o @ro#it 3oti>e: The Society will have neither profit motive nor its profit shall be

distributed amon! its members. All the income" earnin!s" donations" moveable and

immovable properties of the Society shall be solely utilised towards the promotion of the

9bects of the Society as set forth in the 2emorandum of Association. 'o profit shall be

paid or transferred directly or indirectly by way of dividends" bonus" or in any manner

whatsoever to the members of the Society. 'o salary shall be paid to the members. They

shall however be entitled to TAD:A and other allowances and per7s as determined by the

3overnin! Body and the reimbursement of epenses incurred in the performance of their

duties. The volunteers and eperts who render their services to the Society may be entitled

to honorarium as determined by the 3overnin! Body.

24. Ri0ht to In#ortion: All the records and documents of the Society and any information

related to the Society shall be accessible to any person under the provisions of the Ri!ht to

;nformation Act" #$$( after payin! the reuisite fees. The resident shall be the ublic

;nformation 9fficer and the Secretary" the Assistant ublic ;nformation 9fficer.

25. Wee1in0 ot o# re.or1: The re!isters" documents and papers shall be weeded out" as and

when decided by the 3overnin! Body with the approval of the 3eneral Body" as per State

3overnment instructions issued from time to time and in compliance with the relevant Acts

and Rules such as the Ri!ht to ;nformation Act" #$$( etc.

26. Aen1ent$: The constitutionD rules C re!ulationsD bye-laws may be amended if such a

proposal has been approved by a maority of three-fifth members present and votin! in the

3eneral Body meetin! called for such purpose.

27. "i$$oltion o# the So.iet/: The Society may" by passin! a special resolution" determine

that it shall be dissolved of and thereupon" with prior intimation to the Re!istrar" it shall be


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dissolved at the time specified in the resolution and all necessary steps shall be ta7en for

the disposal and settlement of the property of the Society" and its claims and liabilities

accordin! to the Himachal radesh Societies Re!istration Act #$$%.

28. Re$i1l 3tter$: ;n all matters not specifically covered under the above Bye-Laws" the

urisdiction and the decision shall rest with the 3overnin! Body" subect to the approval of

the 3eneral Body.

29. E$$entil Certi#i.te: ertified that this is the true and correct copy of the Rules and

Re!ulations of the Society.

&2ember) &resident) &Secretary)

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Saarthak Bye Laws

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Transcript of Saarthak Bye Laws