Bye-Laws

The name of the Society shall be “Mahesh Foundation”.
The Short name shall be “MF”

The Registered office of MF shall be situated in the State of Telangana and at Office No.712 & 713, 7th Floor, Raghava Ratna Towers, Chirag Ali Lane, Abids, Hyderabad – 500001

With a view to promoting the foregoing objectives of the MF shall have the following ancillary and incidental objectives are laid:

• To acquire by way of lease, sub-lease, licence, gift, purchase, exchange, hire or in any other manner, any movable or immovable properties such as land, buildings or any other rights or privileges necessary or convenient for the purposes of achieving the objectives of MF;
• To accept grants of money, equipment, land, buildings, donations, gifts, subscriptions and other assistance;
• To borrow funds from schedule banks, Companies, Institutions, organizations, firm or from individuals for fulfillment of the objects of MF with or without hypothecation/pledge/collateral security
• To establish, equip and maintain research centres, data banks, libraries, Institutes, organizations and such other facilities in India as are necessary for carrying out the objectives of the Society; and also establish and provide secure place to stay in the form of hostels for students.;
• To set up study groups or consultative groups or core groups comprising of members of the MF or outside experts.
• To prepare, print, publish, issue, acquire and circulate books, papers, periodicals, bulletins, exhibits, films, slides, video tapes, gazetteers, or circulars and engage in similar other undertakings & dealing with or having a bearing on the objectives of the MF;
• To print, publish, circulate the news, notes, periodicals, books, brochures, leaflets that the foundation deems desirable for the promotion of MF
• All objects of the society shall be with the exclusive aim of charity and no profit motive will be involved.
• The benefits of objects and corresponding programmes will be available to all concerned irrespective of their caste, creed, culture, religion or sex.
• To do all such other lawful things as may be necessary, incidental or conducive to the attainment of the objectives of the MF

• Certified that the Association is formed with no profit motive.
• Certified that the Office Bearers are not paid from the MF
• Certified that the MF would not engage in agitation to ventilate grievances.
• Certified that the office Bearers signatures are genuine.

1.1 The name of the Society is ‘MAHESH FOUNDATION & hereinafter referred to as ‘MF’.

The Registered office of MF shall be situated in the State of Telangana and at Office No. 712 & 713, 7th Floor, Raghava Ratna Towers, Chirag Ali Lane, Abids, Hyderabad – 500001.

3.1 The Individuals, Societies, Company/Corporate interested directly or indirectly in promoting/subscribing to the objectivities of Mahesh Foundation are eligible to become members. They can register either as “Ordinary member” or Life Member”. The members are eligible to avail the benefits as are offered from time to time.

3.2 CATEGORY OF MEMBERS : The membership shall be of the following categories:

• Life Member
• Ordinary Member

3.3 The Application for Membership duly sponsored by any one member subscribing to Bye Laws and Rules & Regulations shall be submitted while addressing to the Secretary.

3.4 MEMBERSHIP FEE: The Membership Fee for Ordinary/Life Members including annual subscription as well as Admission Fee shall be determined by the Executive Body from time to time. The Annual subscription Fee falls due on 1st day of April every year. Incase of default of Annual Subscription payment, the Executive Body has the power to remove the name of the default member from the Register of Members

3.5 The Life Members only shall have the voting rights and are eligible to be elected to the Executive Body.

3.6 The Ordinary Member shall avail the benefits as are announced by foundation from time to time but shall not have any voting rights and consequently not eligible to be elected to the Executive Body.

4.1 The General Body of MF shall consist of all the Life Members.

4.2 The General Body shall meet at least once in a year. If required an Extra-Ordinary General Body Meeting can be convened during the year.

4.3 Functions of the General Body

• To lay down the policy for extending the financial help to the needy in the society in the spheres of health / education and other segments as may be approved by the Executive body
• To approve the statement of Income and Expenditure.
• To approve the Report of activities.
• To elect the Executive Body &
• To appoint an Auditor

5.1 The Executive Body shall elect the President and in turn the President shall select the team of the Office Bearers which shall include three Vice President, One Secretary, two Joint Secretaries and One Treasurer. The total strength of the executive body shall be 23 including the eight Office Bearers. President is also empowered to select special invitees to attend the meeting of the Executive Body as and when held.. The first Executive Body shall be selected by the Signatories to the Bye Laws of the Foundation…

5.2 There shall be a President, Three Vice-Presidents, One Secretary, Two Joint Secretaries and One Treasurer who shall be the Office Bearers of MF.

5.3 The term of Office of the Executive Body shall be for a period of Two Years or till the next meeting of the General Body which ever is later. The retiring members are eligible for re-election for maximum one more term. However a person shall be president for a maximum period of 2 years.

5.4 The first executive members shall be appointed by office bearers, whose term will be for two years. The subsequent executive body shall be elected by members in General Body Meeting.

5.5 The Executive Body may fill up any vacancy on the Executive Body that might arise and such an appointment shall be valid till the Conclusion of next meeting of the General Body.

5.6 The Executive Body shall ordinarily meet once in Three Months. All the matters before the Executive Body shall be decided on simple majority of the members present by way of show of hands and/or by poll if desired.

6.1 To purchase, to take on lease or otherwise acquire any movable and immovable property in the name of MF.

6.2 To engage the services of Advocates, Technicians, Engineers, Doctors and other Specialists for the purpose and activities of MF and pay them such remuneration as may be agreed upon.

6.3 To appoint requisite staff for the Offices of ‘MF’ and fix their remuneration from time to time. The Executive Body shall also be empowered to take disciplinary action on reported/ alleged/misconduct committed by an employee while issuing show cause notices /charge sheets suspending the employee pending enquiry and also warn/suspend/ terminate/ dispense with the services as may be recommended by the enquiry officer who conducts enquiry on reported/alleged misconduct.

6.4 To collect and receive subscription, Donations, endowments, Grants, Subsidies and other types of assistance both in cash and kind and to deposit them in any Scheduled Banks.

6.5 To provide loans, Grants, Subsidies and other types of Financial Assistance in cash and kind to such students who are not in a position to afford the fee for carrying out higher studies. Also payment of insurance premium under Mediclaim as may be arranged for such persons who needs medical assistance / specialty treatment and can not afford to bear the medical expenses including hospitalization.

6.6 To commence, institute, prosecute and defend all such legal actions and suits and to compromise or submit to Arbitration as the Executive Body may deem fit.

6.7 To constitute Committees and Sub-Committees and frame Rules for their functioning for specific purposes.

6.8 To call meeting of the General Body.

6.9 To open and operate one or more accounts in Scheduled Bank or Banks and appoint one or more persons to operate such accounts jointly or otherwise. However treasurer shall always be one of the signatories.

6.10 To delegate, subject to such conditions that the Executive Body may deem fit any of its powers to any Office Bearers or a Committee or Sub-Committee of the Executive Body. The Executive Body may notify the rules from time to time for the Governance of such delegated powers.

7.1 The President presides at every meeting of the General Body, Executive Body and other Sub-Committees. He guides other Office Bearers in the conduct of the affairs of ‘MF’.

7.2 The Vice-President assists the President in discharging of his functions. In the absence of the President, Vice-President will perform the duties of the President as entrusted upon him.

7.3 The Secretary shall be responsible for convening General Body and Executive Body Meetings. He/She shall maintain the Minutes of the Meeting. He/she shall represent MF in any legal proceedings.

7.4 The Joint Secretary assists the Secretary in discharging his duties. In the absence of the Secretary, he performs the duties of the Secretary as may be assigned to him.

7.5 Treasurer is responsible for all financial transactions and funds of the MF. He is further responsible to maintain accounts, vouchers and other relevant records and to prepare final statements of accounts of the MF jointly with the Secretary and president.

7.6 The Secretary is the correspondent and custodian of all records and shall be responsible for conducting the day to day administration of MF.

8.1 A Notice of 15 days shall be sent to all the Members for a meeting of the General Body. A Notice of 7 days shall be given for a meeting of the Executive Body. However, a special Executive Body may be convened by giving a notice of two days.

8.2 The Quorum for the General Body Meetings shall be half of the total Life Members of General Body. The Quorum for the Executive Body Meetings shall be 1/4th of the strength of the Executive Body. Where a General Body or Executive Body could not be held for want of quorum, no quorum shall be necessary at the subsequent meeting held for conducting the business of the previous meeting.

8.3 At all the meetings of the General Body or the Executive Body resolutions are passed by show of hands at the first instance and by poll if demanded by any member. The President of the meeting shall have a casting vote in case of a tie.

8.4 If for any reason the Executive Body cannot be convened, resolutions can be circulated among the members of the Executive Body and approval thereof obtained and incorporated in the Minutes of its next meeting if a majority of the Executive Body do not approve of the resolution the same should be placed before the next meeting of the Executive Body.

9.1 All the property of MF whether belonging to it or held by it in Trust shall unless otherwise provided by an instrument of Trust made in that behalf be vested on ‘MF’.

9.2 The Executive Body may direct that all the amounts and money received by MF from whatever source shall be deposited in one or more Scheduled Banks which may be operated upon by the authorized office Bearers in accordance with the directives that may be issued by the Executive Body from time to time.

9.3 The Investment of Funds belonging to MF shall be made in accordance with the Provision of Section 11(5) of the I.T. Act 1961.

9.4 All the Income, Earnings, Movable, Immovable properties of the MF shall be solely utilized and applied towards the provisions of its objectives only, as set forth in the Memorandum of Association and no part there of shall be paid or transferred directly or indirectly by way of Dividends, Bonus, Profits or in any manner whatsoever to the present or past members of the MF or to any persons claiming through the present or past members.

9.5 No member of the Society shall have any personal claim on any movable or immovable properties of the Society or make any profit whatsoever by virtue of his Membership.

11.1 The Executive Body shall cause true and complete accounts of the transactions of ‘MF’ to be kept and such accounts shall be balanced on 31st day of March every year. The Financial Statement of Income and Expenditure Account, Balance Sheet and any other Statement shall be signed by at least two members of the Executive Body.

11.2 The accounts of ‘MF’ shall be Audited by an Auditor duly appointed for the purpose who shall make a report thereon to the Members.

11.3 Copies of the Financial Statements, duly audited shall be sent to every member of ‘MF’ at least Seven days before the date of General Body Meeting.

11.4 When the Audited Accounts have been passed by the Executive Body and then adopted in Annual General Meeting these Accounts shall be deemed final and binding on all.

12.1 An Auditor shall be appointed by the members of the ‘MF’ at the meeting of the General Body and fix their remuneration.

12.2 The Auditor so appointed shall remain in Office till the next Annual Meeting of the General Body. Any vacancy that may arise may be filled in by the Executive Body. Such appointment shall be in force till the next annual General Body Meeting.

12.3 The Retiring Auditor shall be eligible for re-appointment.

13.1 In case the Office Bearers or this Society feel that the Income of the Society is insufficient for such purposes then the Office Bearers in their absolute power and discretion can obtain loan or advances from any Firm, Company, Person, Trust or any Bank on any terms and conditions and to extent and with any rate of interest or without interest as the Office Bearers in their absolute power may deem fit consistent with the object clause of the Society.

13.2 The Office Bearers shall be entitled to accept any other sum or sums and/or movable or immovable properties and/or Shares or Securities.

13.3 The Office Bearers in their absolute power and discretion are empowered to borrow money from any Bank Company, Firm, Trust or Private Individual for fulfillment of the objects of the Society with or without hypothecation or pledge of the property Shares or Securities of the Society and/or any terms and conditions may deem fit for the purpose of objects of the Society.

14.1 Any suit, Prosecution and other legal processes or proceeding on behalf of ‘MF’ may be filed or taken up by the Secretary, Joint Secretary or any other Life Member authorized by the Executive Body in the name of ‘MF’ and he/she shall sign all pleadings, petitions, written statement, other papers or documents in connection with such suit prosecution, legal process or proceeding.

15.1 ‘MF’ shall have a ‘COMMON SEAL’ which will be in the custody of the Secretary.

15.2 The Seal shall not be affixed to any instrument except by the authority of the Executive Body and in the presence of at least one member of the Executive Body. The Secretary shall sign every instrument to which the Seal of ‘MF’ is affixed.

16.1 No motion for dissolution of ‘MF’ shall be entertained unless it is received in writing by the Secretary by Registered Post and is supported by at least 3/4th of the members. The Secretary shall cause immediate notice of such motion to each member of ‘MF’.

16.2 If the motion for dissolution is carried with a 3/5th majority at an Extra-ordinary Meeting of the General Body specially convened ‘MF’ shall be wound up and the assets that may remain after the satisfaction of the liabilities, if any, shall be given or transferred to such other Society/ trust having objects similar to the objects of ‘MF’ to be determined by the members of ‘MF’ at or before the dissolution and which is registered u/s 12A of the IT Act.

Article 17 For the effective functioning of ‘MF’ the Executive Body may make such rules from time to time that the Executive Body may deem fit. However, such rules shall not be inconsistent with the Memorandum of Association.

18.1 ‘MF’ shall have the right to add to, alter or amend the ‘Bye laws & Rules & Regulations of Association’.

18.2 No amendment or alteration shall be made in the purpose of the Foundation unless it is voted by 2/3 of its members present at a special meeting conveyed for the purpose and confirmed by 2/3 of the members present at a second special meeting.

18.3 A proposal for such alteration, addition or amendment may be considered either at the Annual or Extra-Ordinary Meeting of the General Body, which is specially convened for this purpose.

18.4 Notice of such proposal to add, alter or amend shall be sent to all the members of ‘MF’ by Registered Post at least 15 days before the meeting.

18.5 The motion for alteration of Bye Laws & Rules & Regulations of Association of ‘MF’ shall be carried by a majority of ½ of the members present and voting.

19.1 Any member of the Mahesh Foundation may be expelled by the resolution passed by the Executive Body subject to the approval of such resolution by the Registrar if

• The member has brought disrepute to the MF or has done any other act detrimental to the interest and objective of the MF
• Provided that the member concerned shall not be expelled unless he has been given a reasonable opportunity to represent himself in the matter:

19.2 After the resolution for expulsion is passed as above by the Executive Body, the resolution shall be referred to the Registrar for approval within a period of thirty days

19.3 The approval of the expulsion or rejection of the proposal for expulsion is not received within a period of sixty days from the date of submission and the matter is not decided by the registrar the expulsion of such a member shall be deemed to have been approved.

19.4 Any party aggrieved by the order of the Registrar or deemed approval of expulsion, as the case may be, under sub-section

19.3 may, within thirty days from the date of such order, appeal to the Tribunal

20.1 The Managing Committee (Committee) of the Mahesh Foundation Family Security Scheme shall be constituted for better management of the Scheme (Scheme) and that the strength of the Managing Committee shall be of Twelve. (12) Members.

20.2 The Members elected to the Managing Committee shall be through the process of elections in Annual General Body Meeting.

20.3 The Executive Committee to appoint First Managing Committee with a term up to the Annual General Meeting to be conducted for the Executive body election in 2013 in order to stabilize the scheme.

20.4 The Constitution of The Committee shall be as follows. The President, Secretary and Treasurer of Mahesh Foundation shall be the three members of the Committee. The remaining Members shall be elected from the Life Members of Mahesh Foundation.

20.5 The Managing Committee is also permitted to invite Special Invitees to the Managing Committee without any voting power for a period not exceeding one year. The managing Committee may reappoint the Special invitees if deemed necessary.

20.6 For every two years, Three (3) Members of the Committee, other than The President, Secretary and Treasurer of Mahesh Foundation who will be elected bi- annually in AGM, shall retire at the end of the financial year being eligible for reappointment. The Member to retire shall be one who has been longest in the office since their appointment, but amongst the persons who become Members on the same day, the one who retires shall be subject to any agreement among themselves or as determined by the lots.

20.7 The Executive Committee of Mahesh Foundation be authorized to approve the Rules Regulation and Powers and Manner of the Conduct of Office of the Managing Committee of Mahesh Foundation Family Security Scheme.

20.8 The Chairman of the Managing Committee shall be the president of Mahesh Foundation. The Chairman shall have a casting vote.