The Constitutiona

 

Central Jersey Sikh Association

C.J.S.A

A Non-Profit Organization.

CONSTITUTION

(Amended  June 2002)

CJSA WEBSITE-HTTP://WWW.GURUDWARA-CJSA.ORG



Table of Contents

Articles

I

Name

3

II

Aims and Objectives

3

III

Membership

4

IV

General Body

4

V

The council of Trustees

5

VI

Tax Exempt Status

5

VII

Monetary Operations

5

VIII

Political Affiliations

5

IX

Dissolution

5

X

Bylaws

5

XI

Interpretation

6

XII

Amendments

6

BYLAWS

1.0

Name and location

6

2.0

Aims and objectives

6

3.0

Membership

6

4.0

General Body

7

5.0

The council of trustees

7

6.0

Working Committee

10

7.0

The Election and Rules Committee

12

8.0

Planning and Advisory Committee

13

9.0

Budget and Finance

14

10.0

Elections

15

11.0

Capital funds

16

12.0

General

17

13.0

Amendments

18

 



 

                                                           CONSTITUTION

 C H A R T E R

 ARTICLE I - NAME

 The Association shall be known as The Central Jersey Sikh Association Inc., a religious organization in the State of New Jersey and the term CJSA, wherever it appears in this text, shall mean the full name and title mentioned above.

 ARTICLE II - AIMS AND OBJECTIVES

 1. To learn, practice and promote religious, cultural and social values based on the concept of one God and universal brotherhood as taught by the Sikh Gurus and Sri Guru Granth Sahib.

 2. To arrange regular Diwans (religious congregations) on Gurbani (teachings of the Gurus) and to teach Sikh religious and cultural traditions.

 3. To organize programs to promote the Sikh religion and culture, and to teach Sikh history and Punjabi language.

 4. To maintain and enhance the Gurudwara facilities for holding religious congregations.

 5. To establish educational programs and facilities for the development of children and youth.

 6. To established and maintain a library to offer facilities for studies and instructions on Sikh religion, culture, history and Punjabi language.

 7. To establish a museum of Sikh history and heritage for posterity.

 8. To maintain alliance and cooperation with other organizations of similar aims and objectives for the betterment of Sikhs, Sikh religion and heritage.

 9. To actively participate in charitable causes and promote human welfare.

 ARTICLE III - MEMBERSHIP

All those who believe in the Sikh religion, the teachings of the ten Sikh Gurus, accept Sri Guru Granth Sahib as their present Guru, agree with the aims and objectives of CJSA and pledge to abide by its Charter and Bylaws, can become members.

ARTICLE IV - GENERAL BODY

1.     The General Body shall consist of all the members of the CJSA.

2.  Only the General Body shall have the power to amend the Charter and the Bylaws.

3. The General Body shall be the ultimate power of CJSA. Various administrative and functional branches of CJSA shall exercise their functions on behalf of the General Body.

4. The General Body shall meet at least two times in a calendar year, once in the month of February to approve the program and fiscal budget for the year and again in the month of December to review year-end reports. Any other business may be included in the agenda for these meetings.

ARTICLE V - THE COUNCIL OF TRUSTEES

1. The Council of Trustees shall plan, organize and execute the day-to-day as well as long term business of the CJSA.

2. The Council of Trustees shall consist of not more than twenty-one (21) trustees elected from the membership of the CJSA.

3. No Trustee shall serve for more than one consecutive term of three (3) years.

4. The elections for not more than seven (7) of the Trustees shall be conducted annually before the December General Body meeting.

5. A working committee of seven (7) members shall be elected from the Council of Trustees to conduct the day-to-day business and general management of the CJSA.

6. A Elections and Rules Committee shall be formed to advise and rule on constitutional matters, make decisions on disputed issues and conduct all the elections of the CJSA.

7. The Elections and Rules Committee shall consist of not more than three (3) members elected from the Council of Trustees.

8. No member of the Elections and Rules Committee shall serve for more than two consecutive terms of one year each.

9.   A Planning and Advisory Committee shall be formed to meet the future goals of the C.J.S.A.

ARTICLE VI - TAX EXEMPT STATUS

CJSA is organized exclusively for charitable religious and educational purposes, including, for such purposes, the making of distributions to organizations under Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future Federal tax code). Notwithstanding any other provision of these articles, the CJSA shall not carry on any other activities not permitted to be carried on (a) by a corporation/organization exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future Federal tax code) or (b) by a corporation/organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code (or corresponding section of any future Federal tax code.)

 ARTICLE VII -  MONETARY OPERATION

No part of the net earnings of the CJSA shall inure to the benefit of, or be distributable to its members, trustees, officers or other private persons, except that the CJSA shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of Section 501(c)(3) purposes.

ARTICLE VIII - POLITICAL AFFILIATION

No substantial part of the activities of the CJSA shall be the carrying on of propaganda, or otherwise attempting to influence legislation. The CJSA shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.

ARTICLE IX - DISSOLUTION

Upon dissolution of CJSA, the assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, i.e. charitable, educational, religious, or corresponding section of any future Federal tax code, or shall be distributed to the Federal government, or to a state or local government for a public purpose.

ARTICLE X - BYLAWS

For implementation of the Charter, a set of Bylaws shall be formulated and made part of the Charter.

ARTICLE XI - INTERPRETATION

The intent and spirit of the Charter and Bylaws shall govern. In case of any differences of opinion in the interpretation of Charter and/or Bylaws, where the matter cannot be decided by the Elections and Rules Committee, the General Body shall render the final judgement.

ARTICLE XII - AMENDMENTS

1. Amendment(s) to the Charter shall be kept to a minimum and made only when absolutely necessary.

2.  A two-third of the total membership of the General Body voting for it shall be required for any amendment(s).


 

BYLAWS

1.00 NAME AND LOCATION

The Association shall be known. and incorporated as the Central Jersey Sikh Association Inc. and the term CJSA referred to in official proceedings shall be deemed to mean the full name title mentioned above. The offices of the CJSA shall be located at the Gurudwara Sahib, 116N Main Street, Washington Township, NJ 08561

2.00 AIMS AND OBJECTIVES

The aims and objectives of the CJSA are as stated in Article II of the Charter.

3.00  MEMBERSHIP

All those who believe in the Sikh religion, the teachings of the ten Sikh Gurus, accept Sri Guru Granth Sahib as their present Guru, agree with the aims of the CJSA, pledge to abide by its Charter and Bylaws, are eighteen (18) years of age or over, and are legal permanent residents of the U.S.A.(Holders of U.S. citizenship or verifiable permanent resident). A member shall be required to fill out the membership application and pay the annual membership fee. The application form must be approved by the Elections and Rules Committee.  

3.10 The membership shall consist of members and honorary members.

3.11 Member:

This membership shall entitle the member to all CJSA privileges including the right to vote and hold office. However, for persons applying for membership after June 30th, the right to vote and contest election(s) shall be excluded for that year.

3.12 Honorary Member:

CJSA may confer honorary membership to any person for his/her outstanding service to CJSA. The Honorary Member shall be nominated by the working committee and approved by the General Body. An Honorary Member shall have all the CJSA privileges except the right to vote and hold office.

3.13 The annual fee for membership shall be $21.00 per couple (husband and wife) and $11.00 per individual. A couple membership shall be entitled to two votes, both the voting members have to cast their votes individually in order for the votes to be valid.

3.14  The renewal of membership shall be due on January 1st. Rights and privileges of membership shall be suspended after April 15. Membership may be renewed any time after April 15; however, such a renewal will be considered equivalent to a new member.

3.15  Life membership may be obtained by paying a one-time fee as shown below:

a) $111 for individual membership

b) $211 for couple (husband and wife)

3.16  Any member found acting contrary to the aims and objectives of CJSA, can be expelled from CJSA. The authority of expulsion of a member lies with the General Body only.

4.00  GENERAL BODY

4.10  The General Body shall consist of all members of CJSA.

4.11  The General Body shall meet at least twice a year, once in February and once again in December.

4.12  In the February General Body meeting, the following business shall be conducted:

            a)  Approve the general program for the year, presented by the Working Committee.

b)  Approve the operating budget for the current year, presented by the Working Committee.

c)  Approve the audited financial report for the previous year, presented by the Council of Trustees.

            d)  Any additional business.

4.13  In the December General Body meeting, to be held no later than the second Sunday of December, the following business shall be conducted:

a)  Submission of annual report of the Working Committee by its President.

b)  Submission of annual report of the Council of Trustees by its Chairman.

c)  -------------------------------(item deleted by Amendment, October 92)

d)  Approval of Honorary members.

e)  Approval of auditor for the following financial year.

f)  Any additional business.

4.14 At least a twenty-one (21) day written notice shall be given to the members intimating the date, time, place, and agenda for any General Body meeting.

4.15 Inclusion of any item on agenda by membership, shall require the written endorsement of at least five (5) members. Such agenda items must be given to the General Secretary of the Working Committee in writing at least one week before the meeting.

4.16  In special cases, the General Secretary of the Working Committee in consultation with other Working Committee members and the Council of Trustees may call an emergency meeting of the General Body, at a minimum of 10 days notice, to discuss any important issue(s). The business of such a meeting shall be limited to the important issue(s) in question.

4.17  One fifth (1/5) of the total membership or 21 members, whichever is smaller, may request a special meeting. Such requests must be in writing to the Secretary of the Working Committee and must specify the issue(s) they want to discuss. The General Secretary, in compliance with their request, shall call for a special General Body meeting within (10) days of such a request. The business of such a meeting shall be limited to the issue(s) in question.

4.18  All meetings of the General Body shall be presided over by the Chairman of the Council of Trustees.

4.19  The presence of at least one-third (1/3) of the members shall constitute a quorum for the General Body meeting to conduct any business, except amendments to the Charter and/or Bylaws.

 5.00 THE COUNCIL OF TRUSTEES

5.10  The Council of Trustees shall consist of not more than twenty one (21) trustees, elected from the membership of CJSA, at the December General Body meeting.

5.11  Out of these twenty one (21) trustees, seven (7) shall be elected to the Working Committee, three (3) shall be elected to the Elections and Rules Committee and the remaining eleven (11) shall form the members of the Planning and Advisory Committee.

5.12  Members shall be elected on a rotating basis with no more than seven (7) members in one year elected for a term of three (3) years.

5.13  For the elections of the CJSA officials for next year, the Council of Trustees, consisting of seven (7) newly elected and fourteen (14) whose term has not expired by the end of the current year, shall be entitled to vote and meet before the end of December to elect the following officials:

   (i)  Chairman and Secretary of Council of Trustees

(ii)   President, General Secretary, Educational Secretary, Treasurer, and three (3) additional members of the working Committee.

(iii) Coordinator, Secretary and one member of the Elections and Rule Committee.

The presence of fifteen (15) members shall constitute the quorum for the elections of the above mentioned officials. The results of these elections shall be communicated to the Sangat through the newsletter and be announced at the next regular Diwan.

5.14  Vacancy(s) in the Council of Trustees shall be filled by elections at the next December General Body meeting for the remaining term of such vacancy(s).

5.15  No trustee shall hold the office of the Chairman or the Secretary of the Council of Trustees for more than one consecutive year.

5.16  A trustee can hold his/her Council position for a maximum of one consecutive term (three years).

5.17  The Council of Trustees shall meet at least once every four months. At least a seven (7) day notice shall be given to its members of the date, time, place, and agenda of such meeting.

 5.18  Presence of more than half of the trustees shall constitute a quorum for any Council of Trustees meeting to conduct any business.

5.19  All decisions in the Council meeting shall require a majority vote of the Trustees present and voting.

5.20  The Council of Trustees shall perform the following roles:

     a)   Formulate policies and prioritize plans to achieve and establish CJSA's objectives.

     b)  Take over the CJSA management in case a no-confidence motion against the Working Committee has been passed.

c)     Approve the sale of the immovable property of CJSA valued $2000 to $10,000. The sale of  property valued over $10,000 will require the approval of 2/3 majority of total membership of General Body, voting for it.

     d)   Ensure the due process of Law in case of dissolution of CJSA.

     e)   Fill vacancies in Committees as outlined in other articles.

f)       Appoint the sub-committees for Building, Education (Education Secretary as the    Coordinator), Bulletin, Library, Sports, Public Relations and Community Welfare, 

      Culture, Fund-raising, and any other sub-committee as necessary.

6.00  THE WORKING COMMITTEE

6.10  The Working Committee shall consist of seven (7) members elected from and by the membership of CJSA Council of Trustees before the end of December:

a) President

b) General Secretary

c) Treasurer

d) Education Secretary

e) Three Members

6.11  The results of the election shall be notified to the Sangat through the newsletter and announced at the next regular Diwan.

6.12  The new Working Committee shall assume responsibility on January 1st and shall hold office for one year or until their successors are elected and sworn in.

6.13  The general responsibilities for the various Working Committee members are outlined here. The President may, from time to time, delegate additional duties to the Working Committee members.

6.14  The President shall preside over all the Working Committee meetings and functions, coordinate various activities, and supervise the day to day management of CJSA. The President shall provide a written status report of the activities for each quarter and such reports shall become part of the CJSA records.

6.15 The General Secretary shall be responsible for the maintenance of all records, documents, register, and other official papers of the CJSA. He/She shall keep the records of the proceedings of the Working Committee and the General Body. He/She shall prepare the agenda of the meeting in consultations with the President. He/She shall keep the members informed about the activities of CJSA.

6.16  The Treasurer shall collect dues, keep accounts of  all the receipts and expenses and deposit all the funds received in CJSA bank account(s). He/She shall also sign checks and make payment(s) in the name of CJSA as authorized by the Working Committee within the authorized budget grants. He/She shall prepare the CJSA annual operating budget and submit it for approval at the February General Body meeting.

6.17  The Educational Secretary shall plan, organize and implement educational programs for the children. The main emphasis shall be on the teaching of Panjabi Language, Sikh History and Gurbani.

6.18  The Members shall be allotted special assignments by the President from time to time as necessary.

6.19  The Working Committee shall establish and implement a fund raising program to meet the requirements of the operating budget and the Capital funds. The operating budget shall be tailored to the funds raised and available.

6.20  The Working Committee shall appoint the following sub-committees:

1. Sikh Day Parade Sub-Committee

2. Kirtan Sub-Committee

3. Langar Sub-Committee

4. Darbar Setup Sub-Committee

 Other Sub-Committees may be appointed as necessary:

a)  Membership of these sub-committees shall be open to Sangat.

b)  Names of all sub-committees along with the names of its members shall be published in the newsletter and posted on notice-board by the end of March.

c)  These sub-committees shall be chaired by a member of the Working Committee who, is the elected representative of the General Body, shall be responsible for all its functions and budgets.

d)  The term of all sub-committees shall expire with the term of the Working Committee.

6.21  Within the approved budget, the Working Committee may hire or remove individual(s) for temporary services for the CJSA, as may be required. Such action(s) for full time employee shall require the approval of the Council of Trustees.

6.22  The Working Committee is empowered to carry out the following financial transaction:

a)  To accept donations, contributions, gifts, estates, grants, and aids on behalf of the CJSA.

b)  To give donations, grants and aids for the religious, educational and humanitarian purposes and to defray day to day expenses within the limits of the appropriated budget.

c) To disburse any non-budgeted immovable property and major fund disbursements valued at  $1,000.00 and under per item.

6.23  The Working Committee shall meet at least once every two months. At least a seven (7) day notice shall be given to its members of the date, time, place, and agenda of such meeting. In certain emergency situations or on the request of at least three (3) of its members, the Secretary, in consultation with the President, shall call a short notice meeting to discuss the important issue(s) in question.

6.24  The presence of five (5) members shall constitute the quorum for the Working Committee meetings to conduct any business.

6.25  A person may not hold the position of President or General Secretary or Treasurer for more than one term (one year) consecutively.

6.26  The maximum consecutive period which an elected member may serve in the Working Committee is two (2) years (two consecutive terms). 

6.27  Any vacancy shall be filled by the Council of Trustees.

6.28  The Chairman of the Council Trustees shall be invited to all Working Committee meetings.

7.00     THE     ELECTIONS   AND    RULES      COMMITTEE

7.10  The Elections and Rules Committee shall consist of three (3) members, elected from the membership of the Council of Trustees of CJSA.

7.11  ------------------------------------(Deleted by Amendment, October 98)

7.12  ------------------------------------ (Deleted by Amendment, October 98)

7.13   The maximum  consecutive period which an elected member may serve on  the Elections and Rules Committee is two (2) years (two consecutive terms).

7.14  No Member shall hold the Office of Coordinator of the Elections and Rules Committee for more than one consecutive year.

7.15  Presence of at least two (2) members shall constitute a quorum for any committee meeting to conduct any business.

7.16  Vacancies in the Committee shall be filled by the Council of Trustees until the next General Body meeting at which time vacancies shall be filled by by-election, for the remaining term(s) of such vacancies.

7.17  All elections of CJSA shall be conducted under the Chairmanship of the Elections and Rules Committee.

7.18  The Elections and Rules Committee shall advise and rule on constitutional matters and be responsible  for receiving and investigating petitions.

7.19  Five (5) members of the CJSA may petition, in writing, to the Elections and Rules Committee for consideration and ruling on any issue pertinent to the CJSA. The Committee shall review such petition and issue a written decision within 30 days.

7.20  The decision of the Elections and Rules Committee can only be revoked or modified by the Council of Trustees or by the General Body. An appeal to the Council of Trustees or the General Body must be made within thirty (30) days of the written notice of decision of the Elections and Rules Committee.

8.00  PLANNING  AND  ADVISORY  COMMITTEE

8.10  The Planning and Advisory Committee shall consist of a maximum of eleven (11) members on the Council of Trustees.

8.11  The Chairman and Secretary of the Council of Trustees shall also be the Chairman and Secretary of the Planning and Advisory Committee.

8.12  The general responsibilities for the Planning and Advisory Committee are outlined here. The Chairman may, from time to time, delegate other duties to the Planning and Advisory Committee members.

8.13  At least one member of the Committee shall serve on each of the sub-committees described in section 6.60. One member of the committee shall assist the treasurer.

8.14  The Planning and Advisory committee shall plan to meet the goals of the CJSA. These plans shall be submitted to the Council of Trustees for approval.

8.15  The President of the Working Committee shall be a non-voting member of the Planning and Advisory Committee.

8.16  The Planning and Advisory Committee shall meet at least once every three months. At least a seven (7) day notice shall be given to its members of the date, time, place and agenda of such meetings.

8.17  Presence of more than half of the members shall constitute a quorum  for any meetings to conduct any business.

8.18  All the decisions in the Committee meeting shall require a majority vote of the members present and voting.

9.00 BUDGET AND FINANCE

9.10  The financial year of the CJSA shall be from January 1st to December 31st.

9.11  Complete financial reports shall be posted on the bulletin board every quarter.

9.12  Proposed annual budget estimates for all branches of CJSA, along with the required fund raising program, shall be prepared by the Chairman of the Council of Trustees. On approval by the Council of Trustees, budgets shall be presented to the February General Body meeting for final approval. Until this budget is approved, payments can be made for fixed expenditure only.

9.13  The General Body, at the December meeting, shall approve or, if necessary, shall appoint an auditor for auditing the accounts of CJSA for the following year. The auditor, answerable to the Planning and Advisory Committee, shall audit the financial statements of CJSA and submit the written report to the Planning and Advisory Committee. The auditor's report for the previous year shall be submitted to the Planning and Advisory Committee whose Chairman in turn will present it to the General Body at the February meeting. The Working Committee and the Planning and Advisory Committee shall give full support to the auditor to facilitate his/her work. The auditors's report shall be posted on the bulletin board.

9.14  An accurate written account of all the receipts and payments of the funds shall be maintained for a complete auditing at any time.

9.15 The payments required to meet the Gurdwara mortgage, utility obligations and employee salaries shall take priority over the other liabilities of the CJSA.

9.16  All financial records shall be kept for a period of at least ten (10) years.

9.17 All operating capital belonging to CJSA shall be kept in bank(s) or a trust company. The authorized signatures shall include the Treasurer, the President and the Chairman of the Council of Trustees. Only one signature (of the Treasurer or President or Chairman) shall be required to withdraw or disburse monies up to $2500. For monies in excess of $2500 and up to a maximum of $15000 for any single item, signatures of any two out of the three mentioned above shall be required. For monies over $15000 and within the approved budget, signatures of all the three mentioned above shall be required

9.18 Assets and liabilities of the CJSA shall vest with the General Body. No member of the Council of Trustees or any other committee shall be personally held responsible for any liabilities of the CJSA.

9.19 No part of the income, gains profit or earnings of CJSA shall be applied to the benefit of or be distributable to any individual, private or CJSA official(s). Only the CJSA shall be empowered to pay reasonable compensations for services rendered or make distributions provided that such payments or distributions are in furtherance of the aims and objectives of the CJSA as set forth in Article II of the Charter.

9.20 All contributions, gifts, estates, donations and grants, once made to CJSA by members or non-members, shall be non-refundable.

9.21 Upon the dissolution of the Corporation, the Council of Trustees shall, after paying all liabilities of the Corporation, and compensation for the services rendered, dispose of all the assets of the Corporation, exclusively for the CJSA in such manner(s) or to such organization(s), organized and operated solely and exclusively for charitable or religious purposes under section 501 (c) of the United States Internal Revenue Code of 1954, as may, from time to time amended.