Article I. Name and Address
Section 1: The name of the organization shall be Marin Indian American Association hereafter abbreviated as MIAA.
Section 2: The principal location of this organization is in Corte Madera, Marin County, California.
Article II. Article of Organization
Section 1: MIAA is incorporated under the law of the State of California and is a non-profit organization.
Section 2: The articles of organization of MIAA comprise the articles of incorporation and these bylaws as from time to time amended.
Section 3: MIAA is organized to facilitate cultural events, educational programs and recreational activities pertaining to the Indian subcontinent.
Section 4: No part of the net earnings of the MIAA shall accrue to the benefit of, or be distributable to its members, officers, or other private person except that MIAA shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article III. Notwithstanding any other provisions of these articles, MIAA shall not, except to and in substantial degree engage in any activities, or exercise any powers that are not in furtherance of the purposes of the Association.
Section 5: MIAA shall be non-commercial, non-sectarian and non-partisan. The names of MIAA or its members in office shall not be used in any partisan interest if not related to objectives of the Association.
Articles III. Objectives
Section 1: MIAA is established for the purposes of receiving and maintaining a fund or funds and applying these and income thereof to accomplish the following objectives by means as shall be appropriate from time to time.
- To provide a forum for discussion and to educate the community about India, its neighboring countries, its people, their heritage and needs through the following:
- Organize cultural events and shows.
- Organize and /or sponsor educational programs.
- Organize sports events, especially those that are popular in the Indian subcontinent
- Sponsor essay and debate competitions that have their goal to better understand India and its culture.
- To provide a forum for discussion to the Indian American community about the diverse local cultures, thus promoting better understanding.
- To promote fellowship among the members of the community through cultural and recreational activities.
Section 2: MIAA resolves that no substantial part of the activities of the Association (Corporation) shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation 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.
Section 3: A separate fund will be created for administering expense of the Association. Such fund will be financed by donations. The fund will be limited to two years of projected/budgeted operating expenses.
In the event of dissolution, the residual assets of the organization will be turned over to one or more organizations which themselves are exempt as organizations describe in sections 501 (c) (3), 170 (c) (2) of the Internal Revenue Code of 1954 or corresponding section of any prior or future Internal Revenue Code, or to the federal, state, or local government for exclusive public purpose.
Article IV. Membership and Dues
Section 1: Eligibility: Any person 18 years of age or over and interested in the objectives of the Association, and agreeing to abide by the by-laws of the Association will be eligible for membership.
Section 2: Application for membership should be submitted to the Board for approval.
Section 3: There are no membership dues.
Article V. Officers and Executive Committee
Section 1: MIAA will have a Board of five members. Each member of the Board will have to be elected by the general body of the membership for a period of two (2) years. For the first year, two members will be elected for a period of one year and the remaining three members for two years. The vacated Board positions will be filled for a period of two years. This method will ensure that there is a continuity on the Board.
Section 2: The Board will be responsible to the general body for the continuity of the Association.
Section 3: The Board will nominate a Treasurer and a Co-Treasurer. The Secretary will be a rotating position.
Section 4: No member of the Board shall be elected in the office more than two consecutive terms. To become a member of the Board, the person must qualify under all of the following criteria:
- Permanent residency in Marin County, California.
- Must have resided in Marin County California for at least six months prior to applying for a position on the Board
- Must have been a member of MIAA for at least one year
- Must maintain residency in Marin County California during the course of the term.
Section 5: The Board is authorized to appoint a Steering Committee to conduct various activities.
Section 6: The Board will nominate at least one member to be represented on the Steering Committee.
Section 7: The Board may appoint any qualified member to fill a Board vacancy till end of the term of the vacant position.
Article VI. Meetings
Section 1: There shall be at least one general body meeting within one calendar year.
Section 2: The Board shall meet at least once every three (3) months for proper functioning of the Association.
Section 3: Each Board member is required to attend all Board meetings and will be considered inactive if absent at more than two consecutive meetings.
Section 4: The presence of at least three (3) members will be required for a quorum for the meetings of the Board.
Section 5: A majority vote of the General Body is required to overrule the action of or dissolve the Board.
Section 6: 50% of the members are needed to constitute a quorum for a General body meeting.
Article Vll. Election Procedure
Section 1: All members on the current roster of membership shall have the right to vote and contest in the election and subject to meeting the eligibility criteria mentioned in Article V. Section 4 of these By-laws.
Section 2: Two months prior to the expiration of the term of the outgoing Board members, the Board shall select three (3) members for an election/nominating committee.
Section 3: The Election/nominating Committee shall conduct all election procedures and report the results to the general membership.
Section 4: All nominations for the officers shall be duly nominated and seconded by the members of the Association with the consent of the nominees concerned.
Section 5: The election shall be conducted at the discretion of the election committee.
Section 6: Voting privilege may also be extended by the use of proxies by members. Members may appoint proxies who will be eligible to act on behalf of the absentee member in casting the vote. Proxies may be appointed by filling out and submitting the proxy form prior to the election.
Article VIII. Disciplinary Action
Section 1: The Board shall take appropriate disciplinary action against any member found guilty of gross misconduct.
Article IX. Amendments and Rules of Order
Section 1: These by-laws may be modified by a majority vote of members present at a General Body meeting which should consist of any 50 percent of the regular members on the current roster of membership.
Section 2: Amendments should be circulated to the membership at least fifteen (15) days prior to the General Body meeting mentioned above.
Section 3: The business of the Association shall be conducted in accordance with the rules contained in the latest edition of "Robert's Rules of Order," provided these do not contradict the bylaws of MIAA.
Section 4: The decision of the majority of the Board, on any question involving the interpretation of the by-laws and any definition therein, shall be final.
Section 5: Special General Body meetings may be called by any member with a minimum of fifteen (15) days notice to the Board and accompanied by a on a written petition of 20 percent of the members on the current roster of members.
Article X. Finances
Section 1: The Association shall keep all funds in a Bank. The Treasurer and/or Co-treasurer will sign checks on the above bank account of the Association for their approval. Approval of the Board is required for any expenses above $500. Budgeted expenses approved by the Board appointed Steering Committee do not require additional Board approval.
Section 2: The Treasurer shall keep financial records current and report it at the Annual General Body meeting.
Section 3: The annual operating budget of the Association will be pre-approved by the Board.
Section 4: Should the Association disband, after paying or making provisions for payments of all the liabilities of the MIAA, the remaining assets of the Association shall be transferred to an organization with similar objectives chosen by the General Body at a special meeting called for the purpose. Any such assets not so disposed of shall be disposed of exclusively for such organizations as said court shall determine, which are organized and operated exclusively for such purposes. 1988 Amendment * (Vide Article III, Section 2) |
