INDIA ASSOCIATION OF PHEONIX
BY LAWS & CONSTITUTION
We, the people of Arizona with our ancestry in the Indian sub-continent and
our friends here in the U.S.A. do hereby resolve to give ourselves a revised
Constitution with a view to function effectively by representing all segments
of our society in this great country of the United States of America which we
are trying to make our homeland by upholding the highest democratic ideals and
traditions embodied in the body politic of India and U.S.A.
“Indians” include a U.S. Citizen, Resident, Non-Resident Aliens, and Students
in the United States of America who have their “origins in India” by birth,
marriage, or ancestry. “Sister Organizations” hall include any cultural or
student organizations located in Arizona with its “origins in India”.
ARTICLE I: THE NAME
The name of the organization shall be “ INDIA ASSOCIATION” herein
after referred to as ASSOCIATION .
ARTICLE II: AIMS AND OBJECTIVES
To encourage ‘Indians’ to fully participate in the
To encourage other non-profit ‘Sister
Organizations’ to flower and prosper.
To encourage ‘Sister Organizations’ to communicate
with each other and with the ASSOCIATION in marching hand in hand to
achieve the common objectives.
To provide a national voice to ‘Indians’ by
cooperating with other organizations with similar objectives.
To provide a forum for exchange of ideas, issues,
and common concerns to the ‘Indians’.
To ensure and protect the rights of ‘Indians’.
To assist in the orientation and adaptation of
‘Indians’ to the American environment and bring about a better
understanding of America and other Americans.
To formulate guidelines for improving the
collective image of ‘Indians’.
To assure due recognition for the contributions of
To help establish and promote a community center in the
ARTICLE III: MEMBER
Membership to the ASSOCIATION shall be open to all irrespective of color,
creed, nationality, or sex who are desirous of furthering the objectives of the
Membership shall remain in effect unless disapproved by the BOARD OF
DIRECTORS, as long as the member remains in good standing, having paid all the
current dues as set out in the GUIDELINES, and abides by the
Membership consists of two types: General Membership and ‘Sister Organization’
Membership. General Membership consists of: PATRON, LIFE, ANNUAL AND STUDENT.
I. A PATRON MEMBER** is an institution or a corporation who makes
the appropriate donation as set out in the GUIDELINES.
II. A LIFE MEMBER* is an individual or family who makes the appropriate
donation as set out in the GUIDELINES.
III. ANNUAL MEMBER* is an individual and spouse (if married).
IV. STUDENT MEMBER* is an individual who is a full time student and
spouse (if married).
V. SISTER ORGANIZATION MEMBER** is a non-profit organization,
non-registered or registered with the Arizona Corporation Commission, and
controlled by elected office bearers subject to the approval of Board of
ARTICLE IV: THE BOARD OF DIRECTORS
POWERS AND DUTIES OF THE BOARD
The affairs of the ASSOCIATION shall be conducted by a Board of Directors,
herein after called the BOARD. The BOARD shall consist of nine members elected
by the general membership and a maximum of six appointed Directors*** selected
based on organization membership as given below. The President and the
Directors shall serve in an honorary capacity. The BOARD may be assisted as
necessary by committees set up for specific purposes with specified terms of
reference, as defined in the GUIDELINES. The BOARD shall have the powers from
time to time to adopt any rules and regulations being necessary for the benefit
and operation of the association; provided such rules and regulations shall not
be in conflict with the articles of Incorporation. The BOARD shall be
responsible to the Membership.
* Members should be at least 18 years or older.
** Members representing these organizations must be at least 18 years or
*** These directors must be members of India Association
FORMATION OF THE BOARD:
The BOARD shall comprise of the following:
A President elected by the members for a term of one year, at the Annual
Eight Directors elected by the members for a term of two years. However, in the
year 1989 a total of eight Directors will be elected out of which only four
will be chosen by a lottery scheme for a one year term only.
A maximum of six Directors selected from other non-profit ‘Sister Organizations
and /or ‘Student Organizations’ representing the Mosaic of the Indian
sub-continent to fully represent the entire Indian community in Arizona. The
selections of the six Directors shall be done by the President and eight
elected Directors as per GUIDELINES upon payment of Sister Organizational
Membership dues. If any member of the governing board (or executive committee)
of these ‘sister organization’ gets himself/herself elected on the BOARD of
this ASSOCIATION, then that ‘sister organization’ shall not nominate that
individual to the BOARD.
A Vice President, Secretary, and Treasurer shall be elected for a period of
one year from among the eight elected Directors by the President and eight
DUTIES OF THE OFFICE BEARERS:
The President provides general leadership and coordination, and presides at
MEMBERSHIP and BOARD meetings of the ASSOCIATION, ensures that the BOARD
resolutions are carried out and signs official documents. The President is
Ex-Officio member of all committees.
THE VICE PRESIDENT:
The Vice President assists the President and fulfills all functions of the
office during the President’s absence. The Vice President will become the
acting President, if the post of the President falls vacant due to any reason,
until the eight elected directors elect a new President to complete the
remaining term of the President.
The Secretary of the ASSOCIATION conducts all general correspondence and
maintains a list of current membership. The Secretary shall issue notice to all
membership and BOARD, and shall record the votes and keeps the minutes of all
meeting and proceedings of the BOARD. The Secretary shall carryout such other
duties as may, from time to time, be assigned by the BOARD. The Secretary
shall also file annual reports with the Secretary of State, Arizona after
receiving such a report from the Treasurer.
The Treasurer shall receive and deposit, in appropriate banking institution(s)
as approved by the BOARD, all funds of the ASSOCIATION and shall disburse such
funds as directed by resolution of the BOARD; keep proper books of account;
cause an annual audit of ASSOCIATION’S books as directed by the BOARD; and
shall prepare an annual budget and statement of income and expenditures to be
presented to the Membership at its annual meeting; and deliver a copy of each
to the members; and shall prepare an annual report and give it to the Secretary
who shall file it with the Secretary of State, Arizona before deadlines.
ARTICLE V: BANKING AND AUDITING
The BOARD shall approve the institution(s) in which the account(s) of the
ASSOCIATION shall be kept. All accounts shall be kept in the name of the
ASSOCIATION. Transactions shall normally be by means of checks. All checks must
be signed by two of the following three officers, viz: the President, the
Secretary, and the Treasurer. These individuals shall have authority to approve
expenditures of up to two hundred and fifty dollars as required for the
furtherance of the objectives of the ASSOCIATION.
A separate account shall be maintained for the building fund. The money
donated by the donors and members for this specific cause shall be kept in this
account. The money in this account shall not be used for any other purpose.
AUDIT OF ACCOUNTS:
The Auditor(s) shall be approved by the BOARD (no auditor shall be a
member of the BOARD). The auditor(s) shall audit and certify all accounts for
the ASSOCIATION, including the annual statement of income and expenditure.
ARTICLE VI: RULES OF PROCEDURE
All meetings shall be conducted in accordance with Robert’s Rules of Order.
Membership meetings may adopt such rules of procedure, not inconsistent with
these articled, as required for the proper conduct of their business. Without
prejudice to the general provisions set out above, the President may (unless
the membership decides otherwise) restrict the discussion on a motion to two
interventions by any one member, each intervention being limited to two minute
duration. Any issue raised and supported by a simple majority of members
attending a annual/special meeting shall form part of the agenda of the
Detailed procedures for the appointment of the Nomination Committee, date of
election, publication of ballot papers, with respect to election of the BOARD
shall be contained in the GUIDELINES.
ARTICLE VII: AMENDMENTS
This constitution may be amended by a 2/3 majority of the membership attending
the meeting with a 51% of the annual membership forming the quorum. If less
than a quorum is present, the affirmative must be such as would constitute a
majority if a quorum were present. The Secretary shall issue in accordance with
the GUIDELINES, text of the notice indicating the article(s) proposed for
amendment and the proposed amendments. GUIDELINES can however be amended by a
simple majority of membership. Proposal for amendments may originate from the
BOARD or by means of a written request from at least 10% of the membership, or
by a simple majority of the members attending a general body meeting. In the
event of an amendment request, arising out of the general body, the BOARD shall
call a special meeting within three months to consider the amendment(s). The
GUIDELINES complement the constitution of the ASSOCIATION. In
there are conflicts between the GUIDELINES and the Constitution, the
Constitution shall prevail.
ARTICLE VIII: DISSOLUTION
Proposal for the dissolution of the ASSOCIATION shall originate only by means
of a written request addressed to the Secretary signed by a simple majority of
the membership. The Secretary shall then convene a meeting to discuss the
dissolution of the ASSOCIATION within three months after the receipt of the
written request. The dissolution requires approval by a 51% majority of the
membership (with a quorum of at least 51% at the meeting).
For the purpose of dissolution, the assets of the ASSOCIATION shall be
distributed as determined by the membership.
ARTICLE IX: TENURE IN OFFICE
To be eligible as a candidate for the President, the person shall have been a
member of the ASSOCIATION for a full year immediately preceding the election.
No person shall be eligible to serve more than two years as President in a
lifetime. This rule applies retroactively, to all past Presidents of the
ASSOCIATION. In order to be nominated for election as a Director, a person
shall be a member of the ASSOCIATION. No person shall serve more than four
years as a Director in a lifetime. This applies to all past Executive Committee
Members of the ASSOCIATION. The term of each Board of Directors shall
start from January 1 and will last till December 31st of that year.
The term of the first BOARD, however, shall start on June 18, 1989 and will end
on December 31, 1990. This shall be treated as a one year term for both
President’s and Board of Directors’ tenure.
GUIDELINES OF INDIA ASSOCIATION
The GUIDELINES can be amended at any time by a simple majority of those members
present with a 25% of annual membership forming the required quorum.
The members of the ASSOCIATION shall pay the following dues:
a. PATRON makes a minimum of a one – time donation of $500 or more to the
ASSOCIATION or as set by the BOARD.
b. LIFE MEMBER makes a one – time donation of $200 or more to the
ASSOCIATION or as set by the BOARD.
c. ANNUAL MEMBER pays an annual membership fee of $15, or as set by the
d. ORGANIZATION MEMBER pays annually a sum of $1, or as set by the BOARD.
e. STUDENT MEMBER annual dues are $2, or as set by the BOARD.
LIFE MEMBER shall be entitled to life membership for himself/herself and
PATRON shall designate a maximum of two individuals to represent at any
The ASSOCIATION shall hold Annual Membership meetings at least once every
SPECIAL MEMBERSHIP Meetings may be convened by (a) the BOARD on its own
initiative; or (b) within three months of the receipt by the Secretary of a
request for such a meeting signed by at least 10% of the membership. The
three months maximum period may be waived, subject to the agreement of all
persons signing the request.
The Secretary of the ASSOCIATION shall issue notice to all the members, at
least two weeks in advance, of any ANNUAL, or SPECIAL MEMBERSHIP meetings. To
be eligible to vote in a Annual/Special membership meeting, membership dues
should have been received by the ASSOCIATION at least one week before the
meeting date. In the absence of the Secretary, the President shall perform this
The following items shall be included in the AGENDA of the ANNUAL MEMBERSHIP
a. President’s report.
b. Discussion and approval of the Treasurer’s and Auditor’s reports.
c. Election of the President and the Board of Directors
The AGENDA for a SPECIAL MEMBERSHIP meeting shall consists mainly of
those items mentioned in the notice (see Section 6 of GUIDELINES).
The QOURUM at the Annual Meeting shall be 10% of the annual membership for
conducting routine activities.
Each member of the ASSOCIATION who is present shall be entitled to one vote at
The following motions, in order to be carried, shall require a quorum of 51% of
the Annual Membership and two-thirds majority of those present. If less than
quorum is present the affirmative vote must be such as would constitute a
majority if a quorum were present.
a. Removal of a Director from office.
b. Expulsion of a member from the ASSOCIATION.
The membership year of the ASSOCIATION shall be from the 1st of January
to the 31st of December.
A Candidate for the Director shall be nominated by any member of
the ASSOCIATION and seconded by another member. Nominations may be sent to
the Secretary prior to the meeting in writing. Nomination may also be made from
the floor. Additionally, the BOARD may also create a nominating committee for
the selection of these candidates. This committee shall consist of a Chairman
who shall be a member of the BOARD and two or more members of the ASSOCIATION
who are not on the BOARD. No nomination is valid unless the nominee is present
at the time of the election or has provided verifiable proof of acceptance of
the nomination in writing. In case of contest, the election of the BOARD shall
be by secret written ballot conducted by the election committee specified in
the GUIDELINE 14. The six nominated directors from the ‘Sister Organizations’
shall be chosen from six ‘Sister Organizations’ at the discretion of the BOARD
to fully represent the entire Indian Community. One of the six Directors shall
be from a ASU student association with a membership of 25 students or more, if
such an association exists.
The BOARD of Directors shall appoint a 3-member election committee
to Conduct the elections. None of these shall be a BOARD member.
A vacancy arising through a Director ceasing to hold office shall be filled by
the BOARD for the remainder of the year till the next election. The BOARD may
not have more than two co-opted members at any one time. Members elected in the
By-Election shall hold office for the remainder of the term.
A Director may be removed from office in accordance with the provisions
of GUIDELAW 11. A Director, so removed shall be replaced in accordance
with GUIDELAW 15.
The meeting of the BOARD of Directors shall be called by the President,
at least twice a year. Simple majority of the BOARD shall constitute a
quorum. The President shall also call a meeting of the BOARD of Directors if
required in writing by at least three Directors. A simple majority of the BOARD
will prevail when there is a difference of opinion amongst the board members on
any day to day issues that are not covered elsewhere in this Constitution.
The BOARD may establish, in order to deal with specific questions,
such committees or working groups as deemed necessary. In establishing
such bodies, the BOARD shall define their terms of reference. The Chairpersons
and members of such groups need not all be Directors. However, each such body
shall include at least one Director.
All contracts with other organizations and individuals shall be in writing and
must have the prior approval of the BOARD of Directors. Contracts shall be
signed by any two of the three officers, the President, Secretary and the
The outgoing BOARD shall hand over all documents and inventories to the
newly elected BOARD at a joint meeting of the two BOARDS.
The ANNUAL meeting shall be normally called in the month of November of each
year except for the calendar year 1989. In 1989, the ANNUAL meeting on June 18
will instead replace the one in November of 1989.