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Myagdi Samaj USA Bylaws Draft

  • Article I. Name

    The name of the organization shall be Myagdi Samaj USA, a nonprofit organization that shall be governed under the laws of the State of Maryland, and shall be registered under section 501c IRS tax exempt.

  • Article II. Address, Head Office and Chapters
    1. Its Head Office shall be in Maryland.
    2. It shall have its chapters in other states of United State of America.
    3. For smooth functioning of the organization, it will have its own office. However until a permanent office is established, it will have its temporary office at:1700A Joan AvenParkville, MD 21234
  • Article III. Objectives

    The objectives of this organization are exclusively charitable, literary, cultural and educational and are listed below:

    1. Promote the welfare of all Nepalese people in the USA that hail from Myagdi district of Nepal
    2. Promote the cultural, educational, and sports activities of Nepalese people in the USA that hail from Myagdi district of Nepal
    3. Promote the health care needs of all of its members
    4. Promote and deepen the relationship between its members and the Nepalese people in Nepal
    5. Promote the relationship and work in tandem with other Nepalese sister organizations in the USA as well as around the globe
    6. Promote and foster, relationship of Nepalese communities with different levels of government; local, state and federal
    7. Establish a scholarship fund to promote education in Nepal as well as collaborate with educational institutions of both countries (USA and Nepal)
    8. Organize events to raise funds to help victims of natural as well as man-made disasters
    9. Organize events to raise funds for Nepalese expatriates at times of dire need precipitated by illness, deaths and other misfortunes in the USA or in Nepal
    10. Organize events to raise funds as well as raise awareness among Nepalese communities to help support Human Rights and Civil Liberties and help victims of violation of Human Rights and Civil Liberties in Nepal as well as in the USA
    11. Promote Nepalese culture and traditions by holding several cultural events and exhibits annually, semi-annually and on special occasions such as festivals
  • Article IV. Membership
    1. General Member: Person who is genuinely concerned and wants to contribute to promoting the interests and goals of the Myagdi Samaj USA can become a general member of the organization by completing a Membership Application and paying annual dues. The annual dues amount is determined by the meeting of the General Assembly. General membership is valid for two years and current amount is $20.00 for single person and $30.00 per family.
    2. Life Long Member: Person fulfilling the responsibilities of regular membership shall be able to be a life long Member of the Myagdi Samaj USA by paying one time due amount of $150.00.
    3. Honorary Member:  Person who has made significant contribution to the growth and advancement of interests of Myagdi Samaj USA or are distinguished members of their fields and areas (political, business or cultural) and have brought prestige to Nepal and Nepalese community may be nominated for Honorary Membership by the Executive Committee and approved by the majority of members present at the annual or a special meeting of the General Assembly. Honorary member will have no voting rights and no right to contest for any position of the organization.
  • Article V. Committees
    1. Executive Committee:  The Executive Committee shall consist of the officers of the association entitled President, Senior Vice President, Vice President, General Secretary, Secretary, Treasurer, Membership Director, Information Director and seven at large members all of whom will be elected for a term of two years at the annual meeting of the General Assembly and will be eligible for re-election for one more consecutive term. The executive committee members receive no compensation and their service will be entirely voluntary.
    1. Duties of the Executive Committee:  The executive committee shall have authority to take actions that will help achieve the purposes of the organization and take all necessary steps to implement the decisions and the programs approved by the General Assembly. A majority of the committee shall constitute a quorum and a majority of those present shall decide issues. Written letters and e-mails shall be valid for the Quorum to discuss the agenda of the meeting. Written letters and printed copies of the emails will be valid for Proxy authority to vote on the issues under discussion in the meeting.
    1. Executive Committee meeting:  The executive committee shall meet once each quarter or as often as requested by the President of the organization.
    1. Extending subcommittee:  In the event of special occasions such as functions, festivals and ceremonies, executive members shall form a subcommittee of several members to conduct the necessary duties for the purpose of such events.
  • Article VI. Advisory Board
    1. Composition
      The Advisory board shall be composed of professionals, scientists, historians, social workers and other experts, as needed, to provide advice to various committees of the organization and to support the organization’s mission and programs. They will represent the principal fields of the organization’s endeavors and will be invited and encouraged to offer suggestions and advises on how to promote and advance the policies and activities of the organization. The board shall be composed of no more than seven people and it must include the immediate past president and consular general of Maryland State.
  • Article VII. Duties of the Officers
    1. President
      1. The president shall preside over all meetings of the organization and the Executive Committee and shall have general supervision of the work of the organization
      2. The president will cast the deciding vote in case of a tie in the Executive committee and the General meetings
      3. The president will represent the association in meetings and activities of other organizations
    2. Other officers of the Executive Committee
      1. The Senior Vice President:  shall perform such duties and have such powers as may be delegated by the President with the advice of the Executive Committee. In the absence of the President, the Vice President will serve and shall have the power to perform all the duties of the President
    1. The General Secretary:  shall send notices of the meetings, keep and read minutes of the meetings, and be the custodian of all records of the organization
    1. Secretary:  will help the General Secretary in his/her duties and in his/her absence shall function as the acting General Secretary
    1. Information Director:  will be responsible for the publication and mailing of the Organizational Newsletters and will be responsible for maintaining the website of the organization
    1. Membership Director:  will be responsible for promoting membership, keeping up to date records of membership and will be responsible for sending renewal notices to members.
    1. The Treasurer
      1.  shall be responsible for bookkeeping and documenting all the financial transactions of the organization and shall keep account of all funds of the association, of all monies received and disbursed, and shall submit a written report in full at the annual meeting of the association or at intervals to the executive committee or at other meetings as required by the President.
      2.  He/she shall have authority to receive all payments and incomes of the organization and pay all bills upon authorization from the Executive committee.
      3.  He/she shall open and keep a bank account in the name of the Myagdi Samaj USA. The books of the organization shall be audited annually by a qualified accounting firm or C.P.A. selected for that purpose by the executive committee.
      4.  All organization’s checks must be signed by the Treasurer and the President /General Secretary.
      5.  The treasurer shall have a limitation on the amount expended on any single transaction currently limited to $500.00 and subject to change by the majority decision by the Executive committee in its meeting. Any amount over the limit must be pre-approved by the Executive committee.
      6. At large members will be responsible for any responsibilities assigned by the Executive committee.
  • Article VIII. General Assembly
    1. The meeting of The General Assembly of the association will be held at least once a year in Baltimore by the Executive committee.
    2. All dues paying members of the association will be voting members of the General Assembly.
    3. Advance notice of at least four weeks shall be given before the General Assembly meeting is held.
    4. This annual meeting will be held to approve the general policies of the organization, to approve the balance sheet of the organization and to discuss any other relevant matters which may be presented at this annual meeting.
    5. The General Assembly is the supreme authority of the association and will have the final say in all issues related to the organization.
    6. A quorum shall consist of a third of the current membership or one hundred members. Should a meeting be adjourned for lack of a quorum, it shall be rescheduled for one month following, at which rescheduled meeting a quorum shall be fifty members.
    7. Elections of the Executive Committee officers and members will be held in the annual meeting of the General Assembly every two years, each odd numbered year.
    8. Special meetings of the General Assembly may be called by the President or the Executive committee upon the written request of 50 members (or one fourth of the general membership whichever is higher), with the purpose of the special meeting clearly stated in the call, and no other business to be transacted.
    9. Notice of regular meetings and special meetings can also be given either by e-mail, or postied on the Myagdi Samaj USA website and/or local Nepalese media.
  • Article IX. Nominations and Elections
    1. Executive committee member’s term shall be for two years. Term of the then Executive committee shall expire during the month of March of every two years after election of a new Executive committee for the ensuing term.
    2. The President shall, in consultation with the Executive committee, set a date for election at least two months prior to the end of the term of the then Executive committee. The President shall, in consultation with the Executive committee, nominate a seven member Election committee comprising of membership at large, at least two months prior to the election date. The President shall appoint one of the members of this committee to chair the committee.
    3. General members who renew or apply for new membership for the ensuing term at least thirty five (35) days prior to the election date shall be eligible to vote in the election. Lifelong members are eligible to vote in any election. Members shall present a photo ID to be eligible to vote in the election. Photo ID shall only be used to match the name on the voter list with the name and photo on the ID.
    4. The voters must be residing in the USA. General members who renew or apply for new membership for the ensuing term at least thirty days prior to the election date shall be eligible to file for candidacy to the election. Lifelong members are eligible to file for candidacy in any election. Candidacies for the election shall be nominated by two members; one nominating and another one seconding the nomination.
    5. A simple majority of the votes cast in the election shall elect the candidate for the office he/she is pursuing in the Executive committee. Where there is only one candidate for an office or there are no more than four nominations for the members at large, elections may be made by a voice vote.
  • Article X. Termination of position

    An executive officer or a member of the executive committee will be terminated from his/her position by

    1. Resignation:  Resignation must be submitted to the Executive committee or the President.
    2. Death:  The executive members position will be automatically terminated in the event of his/her death. Executive committee will decide how to fulfill the vacated position.
    3. Vote of No confidence:  Motion of vote of no confidence must be submitted by one fourth of the membership. Special meeting of the General Assembly will be called by the President giving at least 30 days’ notice specifying the agenda and the motion must be approved by a majority of the members present.
    4. Vacancies
      1. In case of a vacancy of the position of the President, the Senior Vice president will assume the responsibilities of the President until a special meeting of the General Assembly elects a new President.
      2. The special meeting of the General Assembly will be called within 60 days for the specific purpose of electing a new President.
      3. The Senior Vice President will appoint an election committee for the specific purpose of the election of the President.
      4. For other positions, the Executive committee shall have the authority to appoint one of the at large members to the vacant position until the next elections.
    1. Criminal or ethical violations
      1. The Executive member’s position will be automatically terminated if he/she is found to be criminally convicted or is in serious ethical breach such as willfully making false statements to gain organizational membership or other organizational privileges.
  • Article XI. Committees
    1. Standing committees shall include: membership, program, public relations, sports and finance and are appointed by the Executive Committee.
    2. Special and ad hoc committees are appointed by the President with the approval of the Executive committee.
    3. All committees shall report to the Executive committee, as directed by the President.
  • Article XIII. Amendments

    The General Assembly shall have the power to make, alter, amend, or repeal the By-laws of the association.

  • Article XIV. Liquidation or Dissolution

    The liquidation and dissolution of the association may be decided upon by a two-thirds majority of those present and voting at the meeting of the General Assembly, provided that notice of the proposed dissolution or details of the proposed amendment shall have been circulated with the notice of the meeting. In the event of dissolution, any residual funds of the association shall be applied by the executive committee before vacating the office in furtherance of the association’s aims, and no member shall have any claim on the associations’ with respect to fees and subscription paid.

Note: This draft was drafted by the bylaws draft committee of Myagdi Samaj USA.