Home
North America Chhattisgarh Association (NACHA)
The North America
Chhattisgarh Association is, and shall continue to be, a socio-cultural,
volunteer-based not-for-profit organization dedicated to the pursuit of
excellence by fostering and propagating Chhattisgarh culture in North
America. By means of promoting socio-cultural events, educational
activities, community service and developmental endeavors. In pursuing
its underlying goals, The North America Chhattisgarh Association shall
at all times adhere to the fundamental values of integrity, ethical conduct,
dedication to excellence, service, and respect for the dignity of all
individuals and cultures.
Contents
of North America Chhattisgarh Association (NACHA)
Article III: Articles of Organization
Article V: Appointed Officers & the Executive
Committee
Article VI: Board of Directors /Advisor/Founder
Bylaw V: Duties & Responsibilities of the Executive
Committee
Bylaw VI: Finances & Accounting
Bylaw VII: NACHA Communications
Bylaw IX: Grievance Hearing Process
Bylaw X: Unforeseen Circumstances
Bylaw XI: NACHA Standards, Policy, & Rules of Business
Article I: Name & Definition
a)
The name of the
organization shall be “NORTH AMERICA CHHATTISGARH ASSOCIATION”, hereinafter
referred to as NACHA, and the organization is permitted to operate under the
assumed name “Chhattisgarh Association”, subject to complying with any legal
requirements.
b)
NORTH AMERICA
CHHATTISGARH ASSOCIATION is registered with the Illinois Secretary of State as
a Nonprofit Corporation. The Illinois Secretary of State maintains the
Registered Office and Mailing Address of the organization.
c)
NACHA will have
team member across North America cities and operate USA and Canada.
Article II : Purpose
Section 1.
NACHA is
organized exclusively for charitable, cultural, social, and educational
purposes, including, for
such purposes, the making of distributions to organizations that qualify as
exempt organizations under section 501(c)(3) of the Internal Revenue Code
, or the corresponding section of any future federal tax code.
Section 2.
Subject to the limitation in Article 2 Section 1, NACHA shall be a
charitable and educational non-profit organization for the following purposes:
i.
To
participate, coordinate, and/or co-sponsor cultural, educational, charitable
and social activities with other organizations anywhere in USA, Canada and
India.
ii.
Build
a global social community of people who residing in North America and to help
Chhattisgarh Community
iii.
To
cultivate, promote, and foster the exchange of ideas and understanding between
the Chhattisgarh people and develop the advancement of knowledge in
Chhattisgarh state, tourism and culture.
iv.
To
act upon charitable causes directly concerning the welfare of Chhattisgarh
community living throughout the world.
v.
To
identify and address social, cultural and educational needs of North American
Chhattisgarh Community in particular and Chhattisgarh people in general
vi.
To
encourage friendship and fellowship among members with entertainment and
sporting events.
vii.
To
support any good cause movement in Chhattisgarh, India and work with government for resolution
Section 3.
Subject to
the limitation in Article 2 Sections 1&2, NACHA shall also be considered
for following
i.
NACHA
shall not involve in any Political campaign or its Mission
ii.
NACHA
shall not involve in any Religious agenda and
support any religious activities
iii.
NACHA
shall not involve in any agenda or support any organization that can
discriminate society into different categories.
Article III: Articles of Organization
NACHA is a 501(c)(3)
non-profit organization. The Articles of Organization of NACHA
comprise of this Constitution, as well as the Bylaws set forth below, as
amended from time to time. NACHA shall maintain a permanent address and
an operating address.
Article IV: Membership
Section 1
Membership in NACHA is
subject to approval, as set forth in Bylaw I. All persons, eighteen (18)
years of age or over, interested in Chhattisgarh and Chhattisgarhi culture
shall be eligible for membership in NACHA, as described in the Bylaws and in
the written Statement of Member Rights and Privileges, hereafter referred to as
“Statement of Rights”. Only those members residing in the United States
and/or Canada, and having paid membership fees, shall be deemed “Official
Members”. Only Official Members shall have voting rights and authority to
participate in matters of business submitted to the general membership,
including, but not limited to, elections, and resolutions.
Family
Membership shall be granted to any family unit (spouses, unmarried children and
parents of spouses all residing at the same address are considered one family
unit). This unit shall be considered as a single entity for emailing of
notices, newsletters, etc. Different Family Membership dues may be established
and collected by categorizing different family structure.
Section 2
Any and all existing
members and applicants for membership must be willing to abide by the Constitution
and Bylaws, as well as the Statement of Rights, and must maintain an interest
in NACHA and its ongoing activities. Among other socio-cultural events
and educational activities, NACHA shall endeavor to organize an annual two
days’ convention for its general membership, hereafter referred to as the
“Annual Convention”. Attendance at, and participation in, the Annual
Convention by all members of NACHA is encouraged, but not required.
Section 3
NACHA does not discriminate
against, nor will it restrict membership, based on, age, citizenship, color,
disability, gender, Caste, race, religion, Language ,national
origin, political affiliation or sexual orientation. Notwithstanding
these requirements, NACHA may restrict membership based on an inability or
unwillingness to perform activities related to NACHA’s purpose and vision, or a
failure to abide by the Constitution, Bylaws, and/or Statement of Rights, and
inclination toward the discrimination of other members based on age,
citizenship, color, disability, gender, race, religion, Caste, national origin,
political affiliation, Language or sexual orientation.
Article V: Appointed Officers & the Executive Committee
Section 1
The Founder will have a
chairperson of committee called ‘Officer Selection committee’, which will have
authority to review the potential candidate profile to appoint the position at
national level (Only Executive President, Vice President, General Secretary,
and Treasurer) through open nomination.
These committee officers
are permanent member of NACHA (Part of National Governing Board) remain unchanged
until voluntarily separation from association. The following members will be a
part of this committee (Founder (Deepali Saraogi), Co-Founder (Shatrughan Baret),
First Term President (Ganesh Kar), First Term Secretary – Sonal Sanghi, First
Term Treasure (Nitin Vishwakarma). Once right candidates are identified the
National Governing board approval to needed with Majority prior to appointment.
The first time this committee will performed the during to appoint positions in
2021 convention (Appointment for Term 2021-2023). The ‘Official Selection
Committee’ will setup procedure to select the potential candidates.
Section 2
NACHA shall have the
following “Appointed Officers”: Executive President, Vice President, Secretary,
and Treasure atleast for 2 years terms can nominated for the role of an appointed
Officer must also be an NACHA Benefactor, as defined in the Statement of
Rights, for at least one year prior to the date of nomination, and twenty-one
(21) years of age or older.
Appointment for these offices
shall be held once every two years, for a two-year term to begin at the
conclusion of the next Annual Convention following the appointment, as provided
in the Bylaws. The Appointed Officers must be residents of the United States
or Canada at the time of nomination, and must remain residents of the United
States or Canada throughout the two-year term for which they have been appointed.
Any NACHA member can self-nominate for above positions. The Official selection
committee setup criteria to appoint the positions based on contribution done
toward NACHA, and vision toward the growth of NACHA. The Official selection
committee will be final authority to make decision on appointment. In addition,
the nominated candidate’s personal interest should not be conflict to NACHA’s
mission mentioned in Article II.
Section 3
The Executive Committee of NACHA
shall consist of the Appointment Officers, as well as the following additional
officers: Up to two editor of the NACHA Newsletter (hereafter referred to as
“Editor(s)”), Joint Secretary, Joint Treasurer, Public Relations Officer, and
the Social Media/Press lead, IT Lead, hereafter collectively referred to as
“Additional Officers”. The Executive President shall serve as the
Chairperson of the Executive Committee, and shall appoint the Additional
Officers with approval with national governing board. All such appointments
shall be subject to the approval of the national Governing Board, as defined in
Article VI herein. The Duties and Responsibilities of the
Executive Officers are set forth in Bylaw V below.
Approval by the Executive
Committee must carry at least a simple majority of votes, unless otherwise
stated in this Constitution and Bylaws. The additional officers, tittle do not
listed above, but leading the assigned committees should not be included to be
vote for any decision.
Article VI: Board of Directors /Advisor/Founder
Section 1
NACHA shall have a Board of
Directors, hereafter referred to as “National Governing Board”. The National
Governing Board shall be responsible for enacting policy decisions to be
implemented by the Executive Committee. In the event that the Executive
Committee is dissolved, the Governing Board shall be responsible for execution
of this Constitution and the NACHA Bylaws.
Section 2
The National Governing
Board shall consist of the Appointed Officers (Executive President, Secretary,
Treasurer ), Founder, Co-Founder, First
term President, First term Secretary, as well as the president (Regional Lead)
or other appointed representative of each individual NACHA Local Chapter (If
member is more than 25 paid members or 15 families), as defined and described
in Article IX below. The President, Secretary, and Treasurer of NACHA
shall serve as the Chairperson, Secretary, and Treasurer of the National
Governing Board, respectively. All members of the Governing Board must be
NACHA Benefactors, as defined in the Statement of Rights, and twenty-one (21)
years of age or older.
Section 3
Members of the National
Governing Board shall be announced by the Founder at the time of assuming
office at the Annual Convention. Appointment to the National Governing
Board shall be for a period of two years. In the event of resignation,
inaction, or negligence by any member of the National Governing Board, the executive
President shall call for re-nomination, re-appointed for such position within a
period of two months with approval from Founder.
Section 4
The National Governing
Board shall meet at least twice every fiscal year, to be defined as the year
beginning on Jan 1st and finishing on Dec 30th.
Each member of the Governing Board must participate in at least one BOD meeting
per fiscal year. Attendance via teleconference is acceptable for purposes
of this Section. Approval by the National Governing Board must carry at least a
simple majority of votes of those NGB members present, unless otherwise stated
in this Constitution and Bylaws. At least a two-thirds majority shall be required to
override an action of the Executive Committee.
Section 5
Executive Committees, or
Governing board can nominate any member for an advisory role for NACHA. The Executive
President will review the proposal and provide final approval to assign
advisory for governing board. The Advisory will not have any right to change or
reject any of executive committee decision or governing board decision.
Section 6:
NACHA founder will be a
permanent position (non-elected position) and will always be a part of National
Governing board and a chairperson of ‘Appointment Committee’ and can server any
additional responsibility. The founder have an additional authority to resolve
any conflict among NGB or with Executive team.
Article VII: Appointment
As set forth above,
appointment for the offices of President, Vice President, Secretary, and
Treasurer shall be held once every two years for a two-year term to begin at
the conclusion of the Annual Convention (2021)
following the appointment, per the procedures set forth in the Bylaws.
Article VIII: Meetings
Section 1
There shall be at least one
meeting of the general membership each calendar year, to be held at the Annual
Convention, hereafter referred to as the “General Body Meeting”. The Executive
President shall be responsible for organizing and conducting the General Body
Meeting with the help of the National Governing Board and the NACHA Local
Chapter, as defined below, responsible for organizing the Annual Convention.
In the absence of the President, the Vice President shall preside over
the General Body Meeting. In the absence of both the President and the
Vice President, a member of the Governing Board appointed by the President
shall conduct the General Body Meeting.
Article IX: Local Chapters
Regional local chapters of NACHA
(hereafter referred to as “Local Chapters”) may be established throughout the
United States and Canada, and shall operate under NACHA.
Section 1
To form a new Local
Chapter, at least fifteen (15) families or 25 paid members in a particular
geographical location, with each such family having at least one (1) NACHA
Benefactor, as defined in the Statement of Rights, must submit a written
request to the Secretary for approval by the National Governing Board.
Such written request must be submitted at least one month prior to the intended
date of formation of the Local Chapter. The written request must
accurately define the geographical territory to be represented by the Local
Chapter. A proposed Local Chapter’s territory may not overlap with that
of an existing Local Chapter. NACHA Members requesting formation of a new
Local Chapter whose territory would overlap with that of an existing Local
Chapter are encouraged to join the existing Local Chapter so that all NACHA
Members residing in that geographical territory may collectively
pursue NACHA’s underlying goals and benefit from NACHA’s activities.
Should a proposed Local Chapter’s territory overlap with that of other
existing Local Chapters, then those existing Local Chapters and the proposed
Local Chapter must mutually agree to a redrawing of each Local Chapter’s
respective geographical territory such that no overlap results after
formation of the new Local Chapter. Any conflict on overlapping will be
resolved by Executive committees.
The Governing Board’s
decision on a written request to form a new Local Chapter shall be conveyed in
writing no later than fifteen (15) days from the date of receipt. Should
a member of a Local Chapter permanently relocate to an address outside of that
Local Chapter’s defined geographical territory for any reason, such member
shall cease to be a member of that Local Chapter for purposes of meeting the
requirements of this Section. If, at any time, a Local Chapter falls
short of fifteen (10) families having at least one (1) NACHA Benefactor, the
Local Chapter shall be placed under probation by the Governing Board.
Section 2
The Governing Board shall
approve a model template of guidelines governing the local chapters’ operations,
hereafter referred to as “Model Local Chapter Guidelines”. Upon formation, a
Local Chapter shall have jurisdiction over all of its members. Each Local
Chapter may have its own chapter guidelines. However, each Local
Chapter’s guidelines shall in no way conflict with, or receive priority over,
this Constitution and Bylaws or the Model Local Chapter Guidelines approved by
the Governing Board.
As described in Article VI,
Section 2 above, the local chapter lead (Regional lead) or other appointed
representative of each Local Chapter shall serve on the NACHA Governing Board
for a term of two years. It is the responsibility of the Local Chapter lead
(Regional lead) to notify the NACHA Secretary of the identity of the Governing
Board representative from that Local Chapter within thirty(30)
days after any appointment in that Local Chapter. As further set forth in
Article VI, Section 2 above, the Local Chapter lead (Regional lead) is eligible
to continue serving on the Governing Board for a second two-year term if re- appointed
by the Local Chapter. In the event of re-election, it is the responsibility of
the Local Chapter lead (Regional lead) to notify the NACHA Secretary of such on
or before the March 30 of the election year. Should a Local Chapter be
placed under probation by the Governing Board, that Local Chapter’s lead (Regional
Lead) or other elected representative shall lose his or her seat on the
Governing Board.
The appointment of chapter
executive will be open self-nomination for all members. The President will
share the chapter executive nomination form to NACHA secretary for National
Governing board approval. The Chapter president will be a chairperson and will
be final authority to appoint any chapter positions subjected to governing
Board approval. In case of multiple nominations for a president position, the
appointment will be done based on candidate profile, Contribution in NACHA. The
National Governing will resolve any conflict, and drive the criteria to appoint
the president.
Section 3
All Local Chapter officers,
including the elected representative on the Governing Board, are subject to the
same eligibility requirements as members of the NACHA Executive Committee.
Section 4
The Local Chapter President
shall provide that Local Chapter’s current membership list to the Secretary of NACHA
by March 30th of each year. The Secretary of NACHA shall periodically provide
the Local Chapter President with the names of new Members who reside in the
geographic area covered by the Local Chapter.
Section 5
Any donation in the name of
NACHA and/or any NACHA membership dues collected by a Local Chapter shall be
forwarded to the Treasurer of NACHA. A Local Chapter may solicit its own
activity fees and other contributions for its activities and events.
Section 6
All financial accounts
owned by Local Chapters must reflect the NACHA Employer Identification Number
(EIN), and all funds raised by Local Chapters shall follow NACHA’s rules as set
forth in this Constitution and Bylaws, and IRS regulations. Each Local
Chapter located in the United States shall submit a copy of its annual financial
statement to the Treasurer of NACHA by Dec 31 of each year. Failure to
provide such financial statement in a timely manner may subject the Local
Chapter to immediate probation.
Section 7
Should a Local Chapter be
placed under probation for any reason, the Governing Board shall provide in
writing any terms and conditions necessary and appropriate to correct the
deficiency and/or failures of the Local Chapter. Upon cure of such deficiency
and/or failures, the Local Chapter shall be reinstated and the Local Chapter lead
(Regional lead), or other appointed representative on the BOG, shall regain his
or her seat on the Governing Board. For purposes of probation due to a
member deficiency, the Local Chapter may be reinstated upon submission of a new
written request meeting the requirements of Article IX, Section 1 above.
Section 8
NACHA will also have local
unapproved local chapters at initial stage. This would be transition period for
chapter. Once Chapter will meet prerequisite then member can submit application
to secretary as explained in section 1 and Section 2. National governing board
will appoint local chapter lead or member will suggest local chapter lead.
Local Chapter lead will not be a part of national governing board. He or she
directly work with all executive team to support NACHA at national and at
chapter level.
Section 9
Local Chapter will have
responsibility to extend NACHA at chapter level. They can directly work with
other association and represent NACHA/ Chhattisgarh state in social and culture
Platforms. Chapter lead / Chapter President / any other elected or appointed
members are prohibited to appear any media or release any media, which related
to USA/ Canada / Chhattisgarh / India issue. All such release will be done by
executive team members. Chapter lead /
Chapter President / any other appointed members are allowed to publish news,
which is related to chapter events or activities only in local media (Chapter
City).
Article X: Amendments
Section 1
Any member
may propose amendments to these By-Laws no less than sixty (60) days prior to
the Annual Meeting.
The Founder,
Co-founder and Vice President will initially review, approve, and then
implement the amendment by taking the National Governing board approval.
This is a
vice president responsibility to address all Amendment to member during Annual
meeting. If there is any conflict, where Majority of decision could not make
then it is Founder responsibility to resolve the conflict.
Bylaws
Bylaw
I: Membership
Section 1 – Statement of
Rights
The NACHA Statement of
Rights and Privileges, setting forth the terms and conditions of NACHA
membership, including, but not limited to, member rights and obligations, shall
be posted on NACHA’s world wide website, hereafter referred to as “cgnacha”, and included with the written application for NACHA
membership, hereafter referred to as “Membership Application”. Any and
all NACHA members, as well as applicants for NACHA membership, must agree to
the terms and conditions contained in the Statement of Rights. The
Governing Board has discretion to alter the Statement of Rights. Should
the Statement of Rights be revised in any way, the President shall notify the
general membership of such revisions in writing via electronic mail, with a
copy of the revised Statement of Rights attached, within two (2) weeks of
implementation of such modifications. Continued membership in NACHA
following any such revisions shall be deemed acceptance of the most recent
Statement of Rights.
Section 2 – Residence
Requirements
All persons, eighteen (18)
years of age or over, residing in the United States or Canada, and interested
in Chhattisgarh and Chhattisgarhi culture shall be eligible for membership in NACHA.
All prospective members must submit a Membership Application and pertinent fees,
as set forth in the body of the Membership Application. Membership shall
be subject to the approval of the Governing Board, as set forth below. NACHA
reserves the right to request verification of any information contained in a
Membership Application.
As set forth above, and as
described in the Statement of Rights, to be deemed a Voting Member, that member
must maintain primary residence in the United States or Canada. Members
whose primary residence is outside the United States or Canada shall be deemed
Non-voting Members. To the extent a Voting Member’s primary place of
residence changes to a location outside the United States or Canada, that
individual shall be deemed a Non-voting Member until such time he or she
re-establishes his or her primary residence in the United States or
Canada. Similarly, should an applicant for membership reside outside the
United States or Canada, he or she shall be eligible for Non-voting Membership
only, until such time he or she establishes his or her primary residence in the
United States or Canada.
Section 3 – Membership
Categories and Fees
NACHA’s membership
categories and fees shall be set forth in the NACHA Statement of Rights and
Membership Application. Fees for any given category of membership shall
be identical regardless of Voting or Non-voting status. As set forth
above, only Voting Members, as delineated in the Statement of Rights, shall have
voting rights and authority to participate in matters of business submitted to
the general membership, including, but not limited to, elections, resolutions,
and amendments to this Constitution. Any changes to NACHA’s membership
categories and fees shall be subject to the approval of the Governing Board,
and shall further be subject to the approval of Voting Members at the General
Body Meeting by at least a simple majority of votes.
Section 4 – Membership
Verification
Within fifteen (15) days of
the end of each calendar month, the Secretary and/or Treasurer shall review all
Membership Applications, as well as any related fees, received during that
month. The Secretary and/or Treasurer shall determine whether each
application meets all requirements for membership eligibility as set forth in
the Bylaws and Statement of Rights. The Secretary and/or Treasurer may
request additional information and/or documentation for purposes of determining
membership eligibility, including, but not limited to: photo identification,
proof of age, and address verification. Any such request shall be
submitted to the applicant in writing within seven (7) days after reviewing an
application. Upon receiving a request for additional information, the
applicant shall have fifteen (15) days to submit pertinent documentation, or
the Membership Application shall not be processed. In case of Secretary and/or
Treasurer are not available then Joint Secretary and/or Joint Treasurer can
execute this responsibility.
The Secretary and/or
Treasurer shall have the right to reject a Membership Application for any
reason including, but not limited to, failure to meet the requirements for
eligibility as set forth in the Bylaws and Statement of Rights. Should a
Membership Application be rejected, it shall be submitted to the Governing
Board, who shall then have the opportunity to review the Membership Application
and may deem it acceptable. Membership shall commence only upon acceptance
of the Membership Application. The Treasurer shall not deposit any
application fees submitted with the Membership Application unless and until
such Membership Application is accepted.
Section 5 – Membership
Revocation
Membership in NACHA may be
revoked based on violation of the Statement of Rights or this Constitution and
Bylaws, Conflict of personal interest with NACHA’s mission or if a member no
longer meets the membership eligibility requirements as set forth in the
Statement of Rights.
Proceedings relating to
revocation of NACHA membership may be brought by written petition by any member
of the Governing Board, or any Member. Such petition must outline in
detail the basis for potential revocation, and must be submitted to the NACHA
President by registered/certified mail with return receipt requested, or by
electronic mail addressed to the President and the Secretary. Upon review
and investigation, the Secretary should initiate the revocation process. The
secretary can conduct the hearing process with member to understand the details
if required. The Secretary or president will work with Chapter’s President to
provide more detail prior to revocation.
Section 6 – Immediate
suspension or cancellation of membership
President and Secretary of
NACHA governing board can take immediate decision to revoke membership of any
paid member if individual found spreading negativity about NACHA or it member
of executive team or member of national governing board either in media or any
social platform such us twitter / Facebook/ WhatsApp group, or Conflict of
personal interest with NACHA’s mission. Any member can report to executive team
or national governing board with evidence and then it will President and
Secretary will make final decision with coordination of local chapter President.
Such person will not eligible to take NACHA membership for another 2 years. However,
they can appear in any NACHA event as a non-paid member.
Bylaw
II: Annual Convention
Section 1 – Host Chapter
The President, or
equivalent elected representative, of any Local Chapter wishing to host an
Annual Convention must submit a request in writing to the President of NACHA at
least one year prior to the proposed date of the Annual Convention.
Upon receipt, the Executive
Committee shall review and present any and all requests to host the next Annual
Convention to the Governing Board. Upon consideration, the Governing
Board shall select the site for the Annual Convention by no later than the
conclusion of the prior year’s Annual Convention. The Local Chapter
existing in the geographical territory of the Annual Convention site shall be
considered the “Host Chapter”, and shall be responsible for all aspects of the
Annual Convention. At its discretion, the Host Chapter may appoint a
Convention Committee for purposes of organizing the Annual Convention.
Section 2 – Convention
Guidelines and Conveners
All aspects of the Annual
Convention must comply with the written guidelines governing NACHA Annual
Conventions, hereafter referred to as “Convention Guidelines”.
The Host Chapter shall
select a Convener for the Annual Convention. Among other
responsibilities, the Convener shall be required to print and distribute a
printed copy of the literary magazine (hereafter referred to as “NACHA
Souvenir”) to all attendees.
The Vice President or
Secretary of NACHA shall function as
Co-convener of the Annual Convention, and shall coordinate all activities
including, but not limited to, planning and preparations, the opening ceremony,
the invitation of guests, and the distribution of NACHA awards, as set forth
below in Bylaw III. Any activities of the Vice President relating to the
Annual Convention shall be in consultation with the NACHA President and
Convention Convener.
The first day of the Annual
Convention shall be devoted to development-oriented symposia. This may include,
but shall not be limited to, Chhattisgarh Development, Higher Education in Chhattisgarh,
Invest Chhattisgarh, and Chhattisgarh Culture and Heritage. This portion
of the Annual Convention shall be funded entirely by NACHA, and accordingly shall
not pose a financial burden on the Host Chapter. The Annual Convention
shall include at least one cultural segment dedicated entirely to Chhattisgarhi
classical music and dance, including, , for purposes
of increasing interest in Chhattisgarhi culture.
Section 3 – Convention
Finances
The Annual Convention shall
not be viewed as a means of raising funds for the Host Chapter. The
Treasurer of NACHA shall supervise any fundraising efforts, collections, and
expenses for the Annual Convention. It is the responsibility of the Host
Chapter President and convener to summarize any collections and expenses
relating to the Annual Convention, and prepare a written list of any new
members to have joined NACHA during registration for the Annual Convention, and
submit the same to the Treasurer and the Convention Audit Committee by November
30 of that year. The convention expense must be approved by chapter
president, and chapter Treasury, and CCed (NACHA – President, Secretary, and Treasurer)
Any additional requirements
relating to the Annual Convention, including, but not limited to, any
modification to the Convention Guidelines and/or any alteration to the
provisions set forth in this Bylaw II are subject to the approval of the
Governing Board.
Bylaw
III: NACHA Awards
It is the responsibility of
the Secretary to form an Awards Committee to present certain NACHA Awards at
the Annual Convention. The eligibility criteria for NACHA Awards and the
awardee selection process are both set forth in the written guidelines
governing NACHA Awards, hereafter referred to as “Awards Guidelines”. Any
actions taken by the Secretary and/or Awards Committee in connection with NACHA
Awards, including, but not limited to, requesting awardee nominations,
appointing judges for the selection of awardees, and documenting the outcome of
the judges’ selection process in writing for submission to the Executive
Committee, must comply with the Awards Guidelines. Any additional
requirements relating to NACHA Awards, including, but not limited to, any
modification to the Awards Guidelines and/or any alteration to the provisions
set forth in this Bylaw III are subject to the approval of the Governing Board.
Bylaw
V: Duties & Responsibilities of the Executive Committee
Section 1 – Powers, Functions of the
President
The President shall be the
chief executive officer of NACHA, the Chairperson of the Executive Committee,
and the Chairperson of the Governing Board. The President, in
consultation with the Governing Board, shall present a yearly plan of
activities at the Annual Convention.
The President, with the
assistance of other members of the Executive Committee, shall appoint members
to at least the following NACHA committees to conduct various functions:
Advisory/Planning, Election, Finance, Chhattisgarh Development, Education,
Cultural, and Convention Audit Committees. The President can also appear
for any Media interview and represent NACHA at globally and locally. The
President can also appoint someone to represent NACHA on press or digital
media.
Should the President fail
to perform his or her duties to the satisfaction of the general membership, he
or she may be removed by a vote of no confidence. A no confidence vote of at least two-thirds of National Governing
board and Executive Committee is required to remove the President.
Section 2 – Powers,
Functions of the Vice President
The Vice President shall
derive his or her duties from the President, and shall succeed the President in
the event of his or her incapacity, removal, resignation, or death. The
Vice President shall also serve as the Co-Convener and official representative
of the Governing Board at the Annual Convention. The Vice President shall
further manage the nomination and distribution of NACHA awards and appoint the
respective judges. The Vice President may also act in any additional
capacity as delegated by the President, and lead the various charity
initiative.
Should the Vice President
fail to perform his or her duties to the satisfaction of the general
membership, he or she may be removed by a vote of no confidence. A no confidence vote of at least two-thirds of National Governing
board and Executive Committee is required to remove the President.
Section 3 – Powers,
Functions of the Secretary
The Secretary shall serve
as the Secretary of the Governing Board. The Secretary shall record the
minutes of Executive Committee, Governing Board, and General Body Meetings, and
remain the USA/Canada in of such meeting notes throughout his or her term, such
that any such notes are maintained in reasonable order and can be transferred
to the next Secretary upon conclusion of the term. The Secretary, in
conjunction with the Treasurer, shall be responsible for fundraising,
membership drives, compilation of membership lists, and review and approval, if
applicable, of membership applications. A list of new members shall be
published in the first issue of the NACHA Newsletter, as described below, in
each fiscal year. Additionally, the Secretary shall coordinate
development activities in Chhattisgarh by NACHA members, provide administrative
assistance for such activities through public and privately established
non-profit organizations including, but not limited to, the NRO Cell/Center,
established by the Government of Chhattisgarh.
Should the Secretary fail
to perform his or her duties to the satisfaction of the general membership, he
or she may be removed by a vote of no confidence. A no confidence vote of at least two-thirds of National Governing
board and Executive Committee is required to remove the President
Section 4 – Powers,
Functions of the Treasurer
The Treasurer shall serve
as Treasurer of the Governing Board, and shall have primary responsibility for
preparing an annual budget in consultation with the President. In
addition, the Treasurer shall serve as Chairman of the NACHA Finance Committee,
which is responsible for all NACHA investment decisions. Further, the
Treasurer shall present the complete financial report of the past year at the
Annual Convention in the General Body Meeting, including, but not limited to,
any and all records of collections and expenses from the prior Annual
Convention.
The Treasurer, along with
the Secretary, shall be responsible for fundraising, membership drives,
compilation of membership lists, and review and approval, if applicable, of
membership applications. A list of new members shall be published in the
first issue of the NACHA Newsletter, as described below, in each fiscal
year.
Should the Treasurer fail
to perform his or her duties to the satisfaction of the general membership, he
or she may be removed from office in the same manner as the President, as set
forth in Bylaw V, Section 1 above or Majority vote by executive committees and
National Governing board, with the exception that a no confidence motion
relating to the performance of the Treasurer shall be presented to the
President for further action. In the event of resignation, removal, or
death of the Treasurer, the President shall nominate a successor for the
remainder of the term, subject to approval by the Governing Board.
Section 5 – Powers,
Functions, & of the NACHA Newsletter Editor(s)
The Editor(s) shall be
appointed by the President, subject to the approval of the Governing
Board. The Editor(s) shall have primary responsibility for the content
and publication of the NACHA Newsletter at the conclusion of every 6 months.
Each Newsletter shall include, among other items, notes from the
President and Secretary, a summary of Local Chapter activities,
non-political, and non-religious news from Chhattisgarh, and a digest of Chhattisgarhi-American
youth activities. The Newsletter shall be distributed to the general
membership in electronic form. An Editor may be removed by the
President. In the event of resignation, removal, or death of an Editor,
the President shall nominate a successor for the remainder of the term, subject
to approval by the Governing Board.
Section 6: Powers,
Functions, & Removal of the Joint Secretary
The Joint Secretary shall
be appointed by the President, upon recommendation of the Secretary, subject to
the approval of the Governing Board. The Joint Secretary shall derive duties
from the Secretary, and assist in member recruitment, preparation of meeting
minutes, maintenance of records, and any other activities deemed appropriate by
the Secretary. The Joint Secretary may be removed by the President, upon
the recommendation of the Secretary. In the event of resignation,
removal, or death of the Joint Secretary, the President shall nominate a
successor for the remainder of the term, subject to approval by the Governing
Board.
Section 7: Powers, Functions,
& Removal of the Joint Treasurer
The Joint Treasurer shall
be appointed by the President, upon recommendation of the Treasurer, subject to
the approval of the Governing Board. The Joint Treasurer shall derive
duties from the Treasurer and assist in member recruitment, preparation of the NACHA
budget, financial reports, maintenance of member records, and any other
activities deemed appropriate by the Treasurer. The Joint Treasurer may
be removed by the President, upon the recommendation of the Treasurer. In
the event of resignation, removal, or death of the Joint Treasurer, the
President shall nominate a successor for the remainder of the term, subject to
approval by the Governing Board.
Section 8 – Powers,
Functions, & Removal of the Public Relations Officer
The Public Relations
Officer shall be appointed by the President, subject to the approval of the
Governing Board. The Public Relations Officer shall derive duties from the President
including, but not limited to, leading and/or assisting in member
communication, web page maintenance, preparation of public relations material,
making public communications, represent NACHA on press media and digital media,
and other activities to promote NACHA. The Public Relations Officer may
be removed by the President. In the event of resignation, removal, or
death of the Public Relations Officer, the President shall nominate a successor
for the remainder of the term, subject to approval by the Governing Board.
Section 9 – Powers,
Functions, & Removal of the General Counsel and/or Legal Advisor
The General Counsel and/or
Legal Advisor shall be appointed by the President, subject to the approval of
the Governing Board. The General Counsel and/or Legal Advisor shall serve
in an advisory capacity to the Elected Officers and the Governing Board.
The General Counsel and/or Legal Advisor shall keep apprised of pertinent laws,
regulations, and provisions, and advise upon what action may be necessary.
In addition, the General Counsel and/or Legal Advisor shall be responsible for
the drafting of all written documents on behalf of NACHA and serve as a liaison
with any outside legal counsel retained to handle specific legal matters.
The General Counsel and/or Legal Advisor may be removed by the President.
In the event of resignation, removal, or death of the General Counsel and/or
Legal Advisor, the President shall nominate a successor for the remainder of
the term, subject to approval by the Governing Board.
Section 8 – Powers and
Functions of Founder
The NACHA founder is a
permanent non-elected position. This position can server as a founder and will
have authority to amend any NGB or executive decision and recirculate for
review. This position will serve as a final approval to form any local chapter.
The founder can take any additional responsibility as provided by president.
Section 9 – IT lead
The President, subject to
the approval of the Governing Board, shall appoint the IT Lead. The IT shall
derive duties from the President including, but not limited to, leading web
page maintenance, represent NACHA on press media and digital media, and other
activities to promote NACHA. The Public Relations Officer may be removed
by the President. In the event of resignation, removal, or death of the IT,
the President shall nominate a successor for the remainder of the term, subject
to approval by the Governing Board.
Bylaw
VI: Finances & Accounting
Section 1 – NACHA Financial
Information
It is the responsibility of
the Treasurer to maintain any and all NACHA financial information, including,
but not limited to, monetary funds, accounts, expenses, and charitable
collections and expenditures (hereafter referred to as “Financial
Information”). The Treasurer may seek the assistance and/or cooperation
of the Executive Committee and/or Governing Board for purposes of obtaining and
maintaining records of NACHA Financial Information.
As stated in Article IX,
each Local Chapter located in the United States and Canada shall submit a copy
of its annual financial statement to the Treasurer by Dec 31st of
each year. As further stated in Articles IX and X, each Local Chapter
shall submit a copy of its annual financial statement upon request from the
Treasurer of NACHA. The Treasurer shall prepare NACHA’s annual financial
report by the start of the next fiscal year. The Treasurer shall also
prepare a separate expense report for publication in the NACHA Souvenir and on
the NACHA Website, and for distribution to the general membership via
electronic mail.
Upon election of a new
Treasurer, it is the responsibility of the prior Treasurer to transfer all
Financial Information by no later than August 31st of the
election year.
NACHA Financial Information
may be audited at the end of an Executive Committee’s term. Such audit
shall be initiated by the new Executive Committee, upon taking office.
Section 3 – NACHA Assets
NACHA assets, both monetary
and intellectual property, including, but not limited to, its name(s);
Constitution and Bylaws; Articles of Organization; trademarks, trade names, and
trade dress; NACHA logo; domain names; discussion group names; and historical
information (hereafter referred to as “NACHA Assets”), are the property of NACHA,
and do not belong to any member of NACHA, member of the Executive Committee,
member of the Governing Board, outside organizations, volunteers, or private
individuals.
No portion of NACHA’s
earnings shall, at any time, go toward the personal benefit of any member of NACHA,
member of the Executive Committee, member of the Governing Board, outside
organization, volunteer, or private individual. Should NACHA cease to
exist, any and all assets shall first be applied toward any existing
liabilities. Any remaining assets shall be donated to charitable
organizations having objectives similar to those of NACHA, subject to the
approval of Voting Members by at least a simple majority of votes.
Section 4 – NACHA Bank
account
NACHA account is managed by
President, Treasurer, and Joint treasurer. Treasurer or President Signature
must be executed for any cash or cheque disbursement with proper approval from
treasurer.
Local chapter bank will be
managed by local chapter Treasurer where both signature must be executed for
any cash or cheque disbursement.
Section 5 – NACHA Operating
Budget
NACHA’s annual operating
budget shall be limited to available revenue, including, but not limited to,
its annual membership fees; fees collected at the Annual Convention; fees
collected from conversion of NACHA members to Benefactors; funds raised by
other means such as donation from third party/ any member, sponsorship
etc.
Section 6– Emergency Relief
Fund
NACHA shall maintain an
“Emergency Relief Fund”. The circumstances necessitating disbursement from Emergency
Relief Fund and fund raising procedure will be as per “NACHA fundraising and
disbursement guideline” adopted by the Governing Board. Notwithstanding the
provisions of Bylaw VI, Section 4, an amount of no more than $3000 from the ERF
may be disbursed for a single individual or family based emergency situation.
In case of natural disaster that affects Chhattisgarh, or India or any other
part of USA and Canada, the Governing Board will decide the disbursement amount
from the Emergency Relief Fund by a simple majority. The expenditure of any
portion of the ERF is subject to approval by the Governing Board upon a written
request from the Executive Committee. The executive committees can take
decision to run campaign/ fundraising event to generate fund to support
Societies and any other good cause.
Section 7 – Expense
Approval
In the event any one item
of expenditure by NACHA or by an Elected Officer exceeds $200, the treasurer
must approve such expense prior to reimbursement. In the event any one
such item exceeds $500 and not part of the annual budget, such expense must be
approved by the President, Treasurer, founder and secretary prior to reimbursement. Approval shall
be requested via electronic mail. In the event a member of the Governing
Board does not respond to a reimbursement request within two (2) weeks, it
shall be assumed that the individual has approved the request.
To the extent an NACHA operational expenditure exceeds $5,000, such
expense shall require pre-approval from all executive member, and national
governing board.
Bylaw
VII: NACHA Communications
Unless otherwise stated in
this Constitution and Bylaws, all communications related to NACHA business
shall be electronic. However, any Voting Member may submit to the
Secretary a written request for paper communications. Should the
Governing Board opt to deviate from this policy for purposes of a specific
instance, it must provide written notice on the NACHA Website and written
notification to the general membership at least thirty (30) days prior to such
deviation. The formal channels of communications for NACHA may include,
among other things, the NACHA Website (cgnacha.com), the newsletter, Facebook
group, Text message, and email communication.
Bylaw
VIII: Voting Rules
Approval from the Governing
Board shall be sought via electronic mail. In the event a member of the
Governing Board does not respond within one
(1) weeks after a request for approval has been circulated to the Governing
Board, and at least one reminders (including, but not limited to, those sent 7
and 10 days after the initial request) to vote citing this clause are sent to
the member, it shall be assumed that the Governing Board member has
approved the request.
Approval from Voting
Members may be sought via electronic mail or paper mail. Any such request
for approval shall set forth a designated time and manner for response to the
request. The designated time for response shall be no less than fifteen
(15) days. In the event a Voting Member does not respond within the
designated time set forth in the request, it shall be assumed that the Voting
Member has approved the request.
Bylaw
IX: Grievance Hearing Process
Prior to taking office, the
incoming Executive Committee shall nominate a two (2) member Grievance Handling
Committee (GHC). All members of the GHC must be NACHA Benefactors, as
defined in the Statement of Rights. Appointment of the GHC shall occur
during the next Annual Convention following the election of the Executive
Committee, and shall be subject to the approval of Voting Members at the
General Body Meeting by at least a simple majority of votes. Appointment
to the GHC shall be for a period of two years, i.e., for the
duration of the Elected Officers’ term in office. Any alterations to GHC
appointments during this two-year period shall require approval of the
Governing Board by at least a two-thirds majority of votes.
Only Voting Members, as
defined above and in the Statement of Rights, have standing to submit a
grievance to the GHC. Any and all grievances shall be submitted in
writing, and shall outline in detail the nature of the complaint. The GHC
shall investigate the grievance and provide a written report of its
investigation and proposed solution within sixty (60) days of receipt of the
grievance. Should the grieving party remain dissatisfied, it may appeal
to the Governing Board in writing within thirty (30) days. Any such
appeal shall clearly set forth the underlying grievance, as well as the grieving
party’s basis for seeking further review. Upon reviewing the appeal, the
Governing Board shall either confirm the GHC’s determination or request a new
hearing before the GHC, within thirty (30) days of receipt of the appeal.
The decision of the Governing Board shall be final and binding.
Any member who initiates a
legal proceeding without first following the procedures set forth above in this
Bylaw IX shall be subject to disciplinary action, including, but not limited
to, termination of NACHA membership.
Bylaw
X: Unforeseen Circumstances
In the event of unforeseen
circumstances, including, but not limited to, acts of nature; events preventing
an Elected Official, member of the Executive Committee, or member of the
Governing Board from performing his or her duties in a timely manner; and/or
circumstances under which no guidance is available in this Constitution and
Bylaws, but time sensitive challenges require immediate attention, the
decisions of the Governing Board shall be final.
Bylaw
XI: NACHA Standards, Policy, & Rules of Business
Any documents pertaining to
NACHA standards, policy, and rules of business shall require approval by the
Governing Board, and upon receiving such approval, shall be final and
binding. Additionally, any interpretation by the Governing Board of NACHA
standards, policy, and rules of business in organizational affairs shall
further be final and binding.
Any standards documents,
including, but not limited to, those pertaining to member ethics, forms and
procedural documents, and organizational position statements on issues, shall
be prepared by the Governing Board in consultation with, and upon guidance
from, the NACHA General Counsel and/or Legal Advisor.
Bylaw
VIII: Signing Authority
The Founder, President, Secretary, treasurer will only be the signing authority for document such as invitation to guest/ Award certificate, Legal Document, working closely with Chhattisgarh Govt and USA government for initiative.
Bylaw
XII: Jurisdiction
Any legal matters involving
NACHA, including, but not limited to, those arising from this Constitution and
Bylaws, shall be governed by and interpreted in accordance with the laws of the
state of residence of NACHA’s General Counsel and/or Legal Advisor. Such
individual(s) shall be announced at the General Body Meeting. In the
absence of a General Counsel and/or Legal Advisor, any legal matters shall be
governed by and interpreted in accordance with the laws of the state of residence
of NACHA’s President.