Organisation Statutes
§1 Name and location of the Organisation
The organisation uses the name Pro-India e.V. It has its headquarters in Pforzheim and is legally registered as an organisation in Pforzheim.
§2 Purpose of the Organisation
2.1
The organisation follows exclusively and directly the common good purpose in the sense of the section „Tax Deductible Purposes", of the Declaration Regulations of 1977 (AO1977).
The organisation will notify the appropriate Inland Revenue office responsible for corporate tax of any change in the status of the common good.
The organisations purpose is principally supporting the so-called „street children", and this is especially accomplished in Delhi, India.
This support is to be mainly accomplished through the following activities:
Founding and maintaining the Children’s home „Pro-India" in Delhi, India.
Training and use of proper qualified care personnel in the above (a) named home.
Medical (e.g. vaccinations) and social care (e.g. events) for the children who can not be taken in to the home.
The collection of clothing, stuffed animals and non-perishable foodstuffs for the transportation to India.
2.2
The organisation is active in a selfless manner; it does not primarily serve business purposes.
2.3
Resources of the organisation can only be used for purposes as set forth in the agreement. The members receive no monies from the resources of the organisation. Departing members have no claim to any resources of the organisation.
2.4
no person shall be enriched, or shall be paid inappropriately high sums, through the receipt of expenditures whose purpose is/are in contradiction to the purpose of the organisation.
2.5
The organisation is politically and religiously neutral.
§ 3 Membership (Registration and Resignation, Expulsion)
3.1
Registration:
Every naturally existing person can become a member of the organisation Pro-India e.V. The registration of minors requires the signature of the legal guardian. The organisation’s committee decides admittance.
3.2
Membership is terminated through resignation, expulsion or death. A written declaration of resignation addressed to the board is possible any time at the end of the business year.
A refund of paid organisation dues is not possible.
3.3
Expulsion
A member can be expelled from the organisation if he or she seriously violates the purpose of the organisation. Or if he or she is in any other way guilty of grossly and repeatedly breaking the statutes of the organisation, or after failure to pay his or her dues following two written reminders within a year of his or her dues date.
Expulsions are decided by a two-thirds majority of the organisation’s committee. The member is given a possibility to make a statement beforehand. An appeal against the decision of the committee must be made in writing within four weeks of the publication of the decision to the members’ assembly. This than decides with a two-thirds majority of the valid votes taken at its regular meeting, unless prior to that an extraordinary meeting takes place. If it is deemed in the interest of the organisation, the organisation’s committee can declare its decision temporarily effective.
The reinstitution of an expelled member is possible after one year at the earliest.
That body which made the decision to expel the member will decide on the application.
3.4
Honorary Membership
Persons named honorary members of the organisation shall be only those who have especially served the lives of the children of India inside or outside the organisation.
3.5
Honours
The membership assembly, based on the recommendation of the committee, decides the naming of honorary members.
3.6
Honours are given for
long time membership
commendable membership
The honours shall be awarded at a membership assembly.
§4 Bodies of the Organisation
The Bodies of the Organisation are
a) The board
the organisation’s committee
the membership assembly
§5 Direction of the Organisation
5.1
The direction of the organisation is the responsibility of the board.
5.2
The board consists of
The 1st chair and
The 2nd chair.
It represents the organisation everywhere. Each member of the board is able to represent the organisation individually. Within the organisation it is recognised that the 2nd chair is the representative of the organisation only because of delay of the 1st chair or when acting on his behalf.
5.3
The 1st and 2nd chairs are voted for by the members’ assembly every two years by secret written ballot. Their term of office is until the next board takes on its duties, according to statutes.
5.4
If a member of the board resigns before their term of office is over, the committee shall elect a new board member for the remainder of that office time.
5.5
The board runs the continuous day to day business.
§6 The Organisation Committee
6.1
The Organisation Committee is made of
the board
the secretary and the treasurer
a representative from each of the appropriate departments
two elected representative members of the members’ assembly
6.2
The committee has the responsibility to support and advise the board in their direction of business.
6.3
It decides the admittance and expulsion of members.
6.4
It sets the dates and agenda of the members’ assembly.
6.5
It overseas the finances.
6.6
It decides the celebration of holidays.
6.7
It is responsible for the election of a new member of the board if one resigns during his or her time in office.
6.8
It decides the founding and dissolution of departments.
6.9
The members’ assembly can give it additional powers.
6.10
The organisation committee meets at least twice a year or if a third of its members request it.
6.11
The committee makes decisions with a simple majority of the attending committee members’ vote by hand. In case of a tie vote the proposal is defeated.
6.12
Only members who have finished their 18th year are eligible to be chosen committee members.
6.13
Minutes are to be taken during committee meetings and signed by both the secretary and the head of the committee. The head of the committee meeting is as a rule the board.
§7 Members’ Assembly
7.1
The members’ assembly is the highest body of the organisation. It is simultaneously the highest and last decision, overview and complaints authority.
7.2
The official members’ assembly takes place once per calendar year, if possible in November.
7.3
An extraordinary meeting of the members’ assembly must take place if
this is requested by one fifth of the organisation’s members (who have finished their 16th birthday) in writing giving reasons to the board,
or when this is decided by a two-thirds majority of the committee.
7.4
The announcement of all members’ assemblies shall take place in writing at least two weeks before the date of the assembly by the board. Included will be the agenda.
7.5
Every member has the right to bring forward proposals and requests, which can be discussed and voted upon by the assembly. The requests and proposals must be given to the board with the appropriate reasons at least five days before the assembly.
7.6
Head of the assembly is the 1st chair, if he is delayed than his representative.
7.7
Qualified to vote are all active and passive members who on the day of the assembly have finished their 16th birth year.
Eligible are all adult members of legal age. Also eligible are absent members if a written declaration of intent to stand has been submitted.
7.8
The members’ assembly is to have a quorum regardless of the number of members who appear.
7.9
The members’ assembly has especially the following duties to fulfil:
accepting the reports of the board, the secretary and the treasurer,
approval of the board,
electing the treasurer and secretary-to be done by show of hand-,
electing the new committee after completion of their old committees’ term of office,
electing two auditors of the treasury, each for a term of two years (who will give a report to the assembly),
accepting the reports of the representative of appropriate department,
electing an election committee, made up of one voting director and two voting assistants,
changing the statutes,
naming of honorary members as well as all honours
setting the membership dues
7.10
The members’ assembly will decide resolutions and votes with a simple voting majority. A tie means a no vote. Abstentions will not be counted.
7.11
Minutes of all members’ assembly shall be taken and signed by the assembly director and the secretary.
§8 Changing Statutes
A change or new constitution of the statutes can only be approved of at a members’ assembly. For this purpose a two-thirds majority of the voters is required. Abstentions will not be counted.
§9 Departments
For activities carried out in the organisation, departments can be formed with permission from the organisation committee. The departments have the right, according to the limits decided by the organisation committee, to act independently within their department.
§10 Fiscal Year
The fiscal year is identical to the calendar year.
§11 Membership Dues
11.1
Every member is required to pay dues. The board can release, in special cases, members from dues.
11.2
The members’ assembly sets the dues amount.
11.3
Dues are to be paid at the beginning of the calendar year.
11.4
Upon expulsion or death no right of dues back payment exists.
§12 Dissolution of the Organisation
12.1
The dissolution of the organisation can only be decided in a members’ assembly meeting called for only this purpose with four weeks notice. The agenda of this members’ assembly must only read „Dissolution of the Organisation".
12.2
After the dissolution of the organisation all resources are to be transferred to:
Foundation for Children in India e.V. Fesenfeldstr. 57, 28203 Bremen.
Which will finally and solely use those resources for the common good.
Conditional for the transfer of the organisations resources is that the Organisation Foundation for Children in India e.V. is at that time recognised as an institution for the common good.
12.3
The calling of such a members’ assembly can only take place if
the organisation committee has so resolved with a three-quarter’s majority or if
two fifths of the voting members of the organisation have requested this in writing.
12.4
At this assembly three quarters of all members must be in attendance.
12.5
For the resolution to carry, a three-quarters majority of the valid votes are needed.
12.6
If the assembly does not have the necessary quorum than within four weeks a further members’ assembly is to be called which will be deemed to have a quorum regardless of the number of members present.
12.7
at the same members’ assembly the members are to name the liquidators who are to take care of the rest of the business.
12.8
The remaining resources are to be given to the Foundation for Children in India e.V. for the statutory purpose of helping the children in India. The dissolution of the organisation is to be made known to the appropriate Inland Revenue Office without delay.
§13
These statutes were adopted by the members’ assembly of 29 September 1998. They come into effect upon the registration as an organisation.
__________________________ __________________________
1st Chair 2nd Chair
The statutes are recognised as valid in the form laid down here.