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Artesia, California

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NEPAL AMERICA EKATA SAMAJ BYLAWS

PREAMBLE

 We felt nearby to protect Nepalese cultures and traditions, bond Nepalese feeling and aspirations, and create an environment full of confidence and cooperations among Nepalese living in California. Hence, we created Nepal America Ekata Samaj in 2009 to fulfill this goal within the boundary of the United States federal and state rules and regulations. 

Article 1. NAME: 

Nepal America Ekata Samaj shall be the name of this association and it shall be cited as NACS in short. It shall be a non-profit organization Incorporated under the law of California, registered under section 501(C) with the IRS.

 Article 2. OFFICES:

 The principal office of the association shall be located in the city of Artesia, LA, California 

 Article 3. WORKING AREAS:

 Working areas of this association shall be Sothern California. The branches of the society and programs may be extended to the other states of the United States and Nepal as per necessity, upon the approval of local authority. 

Article 4. OBJECTIVES & ACTIVITIES

OBJECTIVES:

 The following shall be the objectives and activities of NAES:

  1. A) shall be a non-profit, charitable welfare social organization. 
  2. B) shall try to bring all Nepalese people living in Southern California.
  3. C) shall try to preserve, uphold, and publicize all Nepalese religious rites, cultures and festivals. D) shall provide necessary help to those Nepalese who need help. 
  4. E) shall provide necessary help to those Nepalese and PNO (People of Nepalese Origin) who come to Southern California.
  5. F) shall provide necessary help to any religious and cultural programs organized by any group or religion or culture.
  6. G) shall organize Nepali festivals, cultural and religious programs.
  7. H) shall involve in other activities that could promote Nepali people by staying within the boundary of the US laws and regulations. 

ACTIVITIES:

To achieve the aforementioned objectives, the NAES may perform the following activities:

  1. Shall fulfill above objectives. 
  2. Shall buy or lease house, land, rooms, other necessary appliances, computers, telephones, fax machines as required or needed. 
  3. Shall induct employees required and determine their salary, allowances, and other facilities.
  4. Shall provide help to Nepalese people on common problems by providing information or referrals. 
  5. Shall not affiliate to and nor will it advocate for any political party. 

Article 5. Membership 

Membership is open to all persons demonstrating a sincere, constructive interest furthering friendly relations between Nepal and the USA and subscribing to the purpose of the society as stated in the articles incorporated and living in the Southern California.

Types of Membership:

Membership of the society is classified as follows:

  1. General Membership: Any persons demonstrating a sincere, constructive interest furthering friendly relations between Nepal and the USA attaining the qualifications pursuant to article 7 of this statute under the prescribed procedure shall be a general member.
  2. Founder Membership: Office bearers officiated during the registration of this society shall be the founder members. Founder members upon receiving general or life membership shall have to pay the fee as per the statute. 
  3. Life Membership: Persons fulfilling the requirements of general membership and paying a onetime fee per person. Discount on additional membership is given to one immediate family member. 
  4. Honorary Membership: Persons who have made substantial contributions to the friendly relations of Nepal & USA, or the persons who have fruitful public knowledge of the either country may be nominated for the honorary member, without fee, by the executive committee elected by the members of the society at the annual meeting or at the special meeting. The US ambassador to Nepal, Nepal’s ambassador to the US, the committee members during the society’s formation, High profile Nepali speaking persons working at U.N. and at international non-government offices and the research who write Nepal could be conferred Honorary membership. 
  5. Corporate Membership: Companies and organizations may become members by fulling the requirements of the regular membership and paying the corporate membership fee. 
  6. Resignation: Any member may resign by giving notice in writing to the corporate office. All membership fees are non-refundable or transferable. 

ARTICLE 6. QUALIFICATIONS FOR MEMBERSHIO: 

The following are the required qualifications:

  1. Shall be a person demonstrating a sincere, constructive interest furthering friendly relations between Nepal and the USA.
  2. Shall be at least 16 years old. 
  3. Shall be a person who has not been convicted of any crime by either Nepal or US government. 
  4. Shall not be mentally deranged. 
  5. Shall not be a person declared as a destroyer of public property or a danger for public security and harmony. 
  6. Shall follow the provisions of this statute, and the rules and bylaws formed under this statute. 

Article 7. MEMBERSHIP FEE:

Membership under article 6 of this society can be obtained upon paying the fee mentioned below. 

  1. If a person intending to obtain general membership applies as per the special procedure upon paying an annual fee, the executive member may provide general membership. Membership must be renewed every year for general membership.
  2. Office bearers officiated during registration of this society shall be the founder members. Founder members upon paying fee as mentioned in the statue, may obtain general or life membership. 
  3. The executive committee may confer life membership to those persons who have applied under the prescribed procedures. Life members are required to pay a one-time fee per person. A discount on additional membership is given to one immediate family member. 

ARTICLE 8. FORMATION OF THE GENERAL MEETING:

  1. A general meeting shall be formed comprising other members including those who obtain general membership as per Article 7. Honorary members shall remain as invitee members. General meeting shall be the supreme body of society. 
  2. General Meeting of this society shall be as follows:
  1. Annual general meeting shall be held every year
  2. An additional general meeting shall be held by executive committee within seven days if 1/4th members signa a request to do so. 
  3. Before convening the session of Annual General Meeting or additional General Meeting of the society, a notice of at least 15 days and 7 days in advance respectively, shall be given to all general members notifying them of venue, time and the agenda for discussions. 
  4. Separate minutes shall be maintained for General Meeting and additional General Meeting. 

ARTICLE 9, FUNCTION, DUTIES AND POWER OF THE GENERAL MEETING:  

  1. To adopt the programs, plans and annual budget submitted by the executive committee.
  2. To hold discussion on annual audit report presented by the Auditor and adopt them as well as to hold discussion on irregular expenses if any pointed by the audit report and to give direction to the Executive committee to recover the irregular expenses that could not be regularized. 
  3. To appoint an auditor for the next year. 
  4. To give necessary direction to the Executive Committee upon evaluating the annual progress report of the society and works performed by the society. 
  5. To conclude the election of the office Bearers of the executive committee under the procedure of the statute, in case the tenure of office Bearers of executive committee has been completed. 
  6. To approve amendment of the statue, rules and bylaws presented by the executive committee. 
  7. To confer honorary membership to qualified persons as stipulated in the statue. 
  8. To adopt the business performed by the Executive Committee for the sake of welfare of the society. 
  9. To approve the number of employees’ posts, salary, allowances, and other facilities as prescribed by the Executive Committee subject to bear the expenses from the internal resources of society.

ARTICLE 10. OFFICERS OF THE SOCIETY:

  1. The title of the office bearers and their position shall be as following: 
  1. President 
  2. First Vice- President 
  3. Second Vice-President 
  4. General Secretary 
  5.  Secretary 
  6. Treasurer 
  7. Directors h) Area Coordinators, as needed for the organization.
  1.  All officers shall serve without compensation for a two-year term and shall be eligible to be reelected for the same position for one more consecutive term. No officers shall serve in the same position for more than two consecutive terms or for more than four years at the same position.
  2. Aforementioned officers shall be elected at the annual meeting of the society. 

ARTICLE 11. DUTIES OF OFFICERS: 

  1. The president shall have general supervision over all affairs of the Society. His or her duties shall include, but not be limited to: 
  1.  Preside over all meetings of the society. 
  2.  Call meetings of the society. 
  3.  Fill by temporary appointment any vacancy in an elective office, and remove same at will, until the board of directors fills such vacancy. 
  4. Appoint temporary committees to serve at his will. 
  5.  Issue a call for nomination of officers.
  6.  Serve ex officio as a member of all committees. 
  • The first vice president shall: 
  1. Assist the president in the discharge of his or her duties. 
  2.  Preside in the absence of the president. 
  3.  Succeed to the presidency for the remainder of the elected term should the presidency become vacant. 
  1. The second vice president shall:
  1. Assist the president and the first vice president in the discharge of their duties.  
  2. Preside in the absence of the president and the first vice president.
  3. Succeed to the presidency for the remainder of the elected term should the presidency becomes vacant. In addition to these duties, the second vice president shall carry out duties assigned by the president. 
  1. The General Secretary Shall: 
  1. Receive all application for membership and renewals; furnish each new member with a welcome letter, copy of the bylaws and, if available, the copy of recent Society Publication as soon as possible; keep detailed up to date membership records including changes to the membership caused by resignations, deaths, and those dropped because of failure to renew membership and those expelled by the Board of Directors; make regular revisions to the mailing list and provide up-to-date mailing labels to the publisher prior to the scheduled release of each society publication; and provide the editor with a list of new members according to the publication schedule. 
  2. In the event of contested election, prepare and mail ballots for the election of the Society officers as prepared in accordance with the bylaws. 
  3. Hold such returned ballots unopened and in confidence until the annual meeting. 
  4.  Keep a true record of the Society.
  5.  Send out notices of all forthcoming Board of Directors meeting to members of the board when notified of such by the current president of the organization. 
  6.  Keep a true record of the Board of Directors meetings and send a copy of it to all board members within two weeks of the meeting. 
  7.  Prepare changes of the bylaws.
  • THE SECRETARY SHALL:
  •   Assist the General Secretary in the discharge of his/her duties.
  • Succeed to the General Secretary for the remainder of the elected term should the General Secretary become vacant.
  •  In addition to these duties, the secretary shall carry out duties assigned by the Executive Committee and General Secretary as and when necessary. 
  • THE TREASURER SHALL: 
  1.  Receive and deposit all funds paid to the Society; prepare an annual statement and have it reported in the official publication of the society. 
  2. Prepare an accounting of all funds received and dispersed and give a final report at the end of the fiscal year to the Board of Directors.
  1. Pay out money only on warrants drawn by president, vice president, General Secretary, Secretary or other persons that the Board of Directors may authorize.
  2. THE DUTIES OF EXECUTIVE MEMBERS SHALL BE DEFINED BY THE EXECUTIVE COMMITTEE. 

ARTICLE 12. RELINQUISHMENT FROM THE POST: 

The President upon tendering the resignation in writing, to the executive committee through the vice president and other office bearers may relinquish the post.

ARTICLE 13. DUTIES AND POWER OF THE EXECUTIVE COMMITTEE:

  1. A) prepare forthcoming annual programs and budget estimate of the society and submit it in the General Meeting. 
  2. B) implement the decision of the executive committee upon abiding by the provisions of the statute. 
  3. C) conduct the programs in favor of society. 
  4. D) accountable to the General Meeting.
  5. E) make maximum consumption and use of the available means and resources for attaining the objectives of the Society. 
  6. F) prepare plans of action, collect resources, implement, monitor, and supervise events.
  7. G) keep funds and assets of the society safely and operate them upon opening the bank account. H) frame regulation relating to the terms and conditions and facilities of the employees of the society and to enforce them upon getting approval from the General Meeting. 
  8. I)  form other committees and sub-committees comprising appropriate persons and make division of works and duties as per necessity. 
  9. J) fulfill the role of the leadership of society.
  10. K) reserve the right to remove the President and/or office bearers from the office if found guilty of any crime, immoral behavior, and misconduct 

ARTICLE 14. OTHER COMMITTEE:

 The executive committee, to perform the functions of the society, may form other committees or sub committees, as per the necessity, under the provision of this statute, if it shall have to be adopted by the session of the General Meeting. Functions of these committees shall be as designated by the Executive Committee. 

ARTICLE 15. ADVISORY BOARD:

 An Advisory Board shall be formed to provide suggestions to the Executive Committee regarding the NAES and its operations and activities. Members of the Advisory Board Shall be appointed by the Executive Committee and shall consist of at least nine (9) and not more than 15 individuals.

ARTICLE 16. LEGAL ADVISOR:

The Executive Committee shall appoint a Legal Advisor who shall provide necessary legal counseling to the executive committee on issues related to society.

 ARTICLE 17. SPECIAL MEETINGS:

 Special meetings may, from time to time, be called in accordance with the provisions of the General non- profit society law of the state of California. 

ARTICLE 18. QUORUM: 

  1. The simple majority of the members present at the general/special meeting can decide on issues. 
  2. The quorum for the Executive committee shall be the majority of the board.
  3. The simple majority of the Executive Committee board members present at the meeting can decide on issues as stated on article 18(b).

 

ARTICLE 19. RESIGNATION:

  1.  Resignation from the president must be submitted to the Executive Committee through the 1st Vice President to be approved by the Executive Committee.
  2. Resignation other than the President must be submitted to the President and to be approved by the Executive Committee.  

ARTICLE 20. ELECTIONS:

  1. The Executive Committee shall forma 5 members Eelction Committee at least 45 days in advance from the date of Annual General Meeting (AGM).
  2. Executive Committee shall provide the voter list to the Election Committee at least 30 days in advance from the date of AGM.
  3. The Election Committee shall complete the election process on or before the AGM Day and announce the new Executive Committee at AGM Day.
  4. Candidate and voter must be a resident of Southern California. 
  5. The Election Committee’s decision will be final for any election disputes or process. 
  6. The Election Committee shall conduct an oath for the newly elected Executed Committee members. The Oath for nominated or other members shall be conducted by the President or acting President. 
  7. The Election Committee will be dissolved once the new Executive Committee will take on oath.

ARTICLE 21. FISCAL YEAR: 

  1. The fiscal year shall be from January 1 to December 31. 
  2.  The membership year shall be January 1 to December 31.

ARTICLE 22. NON-PROFIT OPERATION: 

  1. No part of the earnings of the Society shall inure to the benefit of any member, Director or Officers of the society or any other person (except that the Society may pay reasonable compensation for services rendered to or on behalf of the Society and make other payments and distributions in furtherance of one or more of its purpose), and no member, Director or Officer of the society, or any other person shall be entitled to share in distribution of any of the Corporate Assets on dissolution of the Society. 
  2.  No substantial part of the activities of the Society shall consist of attempting to influence legislation, by propaganda or otherwise, to an extent that would disqualify it for tax exemption under section 5010 (3) of the internal Revenue Code. The Society shall not participate directly or indirectly or intervene in (including the publishing of distribution of statements) any political campaign on behalf of in opposition to any candidate for any public office. The Society shall not have the objectives nor engage in activities that would characterize it as an “action organization” as defined in Treasury Regulation 5010 (3), as it now exists or may be hereafter amended. 
  3. Notwithstanding any other provisions of these Articles, the Society shall not conduct or carry on any activities not permitted to be conducted or carried on by any organization exempt from Federal income tax under Section 501©(3) of the Internal Revenue Code of 1954, as amended and Treasury Regulations thereafter as they now exist or as they may be hereafter amended, or by an organization, contributions to which are deductible under Section 1700(2) and 2055 (a) of such Code and Treasury Regulations there under as they now exist or as they may be hereafter amended. 
  4. Upon the dissolution of the Society or the winding or the winding up its affairs, all of the assets of the Society shall be distributed to such organizations which then qualify as an exempt Organization under Section 501©(3) of the Internal Revenue Code, as amended, as the Board of Directors may direct. 
  5.  In order to accomplish the purpose and to attain the objectives for which this Society is formed and for which the funds and property of this Society shall be handled, administered, operated and distributed as hereinabove set forth, the Society, its Directors and Officers, shall possess and exercise all powers, authorities and privileges granted by and allowed under the laws of State of California, subject to the limitation and condition that, notwithstanding any other provision of these Articles, only such powers shall be exercised as in furtherance of the Federal income tax exempt purpose of the Society and as may be exercised by an organization exempt under Section 5010 (3) of the Internal Revenue Code, as amended, and Treasury Regulations there under as they now exist or as they may be hereafter amended or by an organization, contributions to which are deductible under Section 1700(2) and 2055(a) of such Code and Treasury Regulations there under as they now exist or as they be hereafter amended. 

ARTICLE 23. AMENDMENTS: These bylaws may be altered, amended, repealed, or added by the Annual General Meetings.

ARTICLE 26. LIQUIDATION OR DISSOLUTION: The liquidation or dissolution or amendments of the rules may be decided upon by two thirds majority of those present and voting at a General Meeting, provided that notice of the proposed dissolution or details of the proposed amendments shall have been circulated with the notice of the Meeting in the event of dissolution; any residual funds of the society shall be applied by the Executive Committee before vacating of the office, furtherance of the Society’s aims, and no member shall have any claim on the Society with respect to fees and subscriptions paid. 

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