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By Laws

ARTICLE I ORGANIZATION

Section 1.1 Objective of the Organization
Downingtown Bal-Vihar - Objective and Mission
• Promote, instill, and foster Indian culture in children of our community to build character, self-esteem and leadership to raise them as responsible and compassionate citizens.
• Provide our children with a nurturing environment to help them grow up to be proud of Indian culture and heritage.

Section 1.2 Registered Office
The registered office of the Corporation in the Commonwealth of Pennsylvania shall be at  55 Lincoln Drive, Downingtown, PA 19335

until otherwise established by a vote of majority of the Board of Trustees in Office (“Board”) and a statement of such is filed in the Department of state or until changed by an appropriate Amendment of the Articles of Incorporation.

Section 1.3 Other Offices
The Corporation may also have other offices and registered agents at such other places either in or out of the Commonwealth of Pennsylvania or the United States of America, as the Board may from time to time appoint or as the activities of corporation requires.

Section 1.4 Fiscal Year:
The fiscal year of the Corporation shall begin on the first calendar day of an academic year for Balvihar (September in each year).

Section 1.5 Dissolution of the Organization
In an unlikely event this organization is defunct for whatever reasons, the Board of Trustees with a majority vote will determine the distribution of the remaining assets after all Account Payables and Creditors are paid in full. Recipient of these assets shall be a non profit organization of stature engaged for the sole purposes of providing education services to children and or providing health care services to children. The Board of Trustees are limited to the above non profit organizations only. Such non profit organization(s) will not have any direct or indirect association with the current Board of Trustees to avoid a potential conflict of interest in distributing the remaining assets of Downingtown Balvihar.

ARTICLE II BOARD OF TRUSTEES

Section 2.1 Powers
The Board shall have full power to conduct, manage and direct the activities and affairs of the Corporation and all powers of the Corporation that are not granted to the members under applicable law or in the Articles of Incorporation or in these By-Laws are hereby granted to and vested in the Board. The Board's opinion is considered final and binding on the organization. The Board will vest its Powers in the duly constituted Executive Team for day to day functioning of Balvihar.

Section 2.2 Qualification and Selection
Each trustee of the Corporation shall be natural person of full age who has been an active volunteer member and participant in the Corporation for at least one year prior to the nomination for a position on the Board of Trustees. A Trustee is qualified member of the organization who has met the following criteria.
1. A current paid Balvihar member for three or more consecutive years
2. Attended minimum 20 weeks of Balvihar sessions in a academic year for three consecutive years
3. Led one or more major event or taught as a lead teacher for at least 20 weeks in a year
In the case of vacancies, Trustees to fill the balance of such a vacant term shall be selected by the Board of Trustees. Trustees shall be selected at the annual meeting of the members which shall be held in the final month of an academic year for Balvihar (usually May) or any other day as agreed by the majority of the Board of Trustees.

Section 2.3 Number and Term of Office
The Board shall consist of Five (5) Trustees. One of the Trustee will be an external entity not directly related to or member of Balvihar. Each trustee shall hold office for a maximum of three (3) years. The trustees will hold office until his or her successor shall have been selected and qualified, or until his or her earlier death, resignation or removal. At the end of each academic year (May or June of every year), the longest serving Trustee will retire from the board and the out-going General Secretary of the organization will replace the retiring Trustee. The longest tenured Trustees from the so constituted Trustees will act as the an organizing Trustee to administer the elections and other administrative functions of the Board of Trustees.

Section 2.4 Vacancies
Any vacancy which develops in any such category of trustees because of death, resignations, removal, disqualification, or any other cause, shall be filled for the balance of the remaining two (2) year term of the Trustees whose vacancy is being filled. For the purposes of filling vacancy for an outgoing founding trustee, a three year term will be assumed, as per section 2.3.

Section 2.5 Resignations
Any Trustee may resign any time by giving a written notice or sending an email to the Board of Trustees of the Corporation. Any such a resignation shall take effect at the date of the receipt of such notice or at any later time specified therein, the acceptance of such a resignation shall not be necessary to make it effective. The Board of Trustees can assign an alternate earlier effective date for a resignation with 3 of 5 majority vote of the Board of Trustees, whenever in the judgment of the Board; the best interest of the Corporation will be served thereby.

Section 2.6 Removal
Any Trustee, member, volunteer, employee or other agent of the Corporation may be removed, either for or without cause, by 3 of 5 majority votes of the Board whenever in the judgment of the Board, the interest of the Corporation will be served thereby.

Section 2.7 Regular Meeting/Special Meetings
Regular meetings shall be held on 1st Sunday of every month or such a time and place as shall be designated from time to time by resolution of the Board. Notice of regular meeting need not be given. Special meetings of the Board shall be held whenever called by a majority of trustees. Notice of such meeting shall be given to each trustee by email at least seventy-two hours (72) before the time at which the meeting is to be held. Each such notice shall state the time and place of the meeting. Every meeting of the Board shall be facilitated by the trustees on a rotational basis. The trustee facilitating meeting shall be responsible for recording the minutes of meeting. Board of trustees shall commit to review and sign off on the minutes before the adjournment of the meeting.

Section 2.8 Quorums, Manner of Acting and Adjournment
A total of four (4) trustees shall be present at each meeting in order to constitute a quorum for the transaction of business. Every Trustee shall be entitled to one (1) vote.

Except as otherwise specified in the Articles of Incorporation or these By-Laws or provided by Statute, the acts of a majority (3 of 5) of the Trustees present at a meeting at which a quorum is present, shall be the acts of the Board and binding actions of this Corporation. In the absence of a quorum a majority of the Trustees present and voting may adjourn the meeting. In an event the boards of trustee have to consider an expedient issue at any such adjourned meeting those Trustees attending shall constitute a quorum, however, actions taken by a majority vote of those present will not be binding actions of this Corporations and will have to be ratified in a subsequent meeting where a quorum four of five (4 of 5) is fulfilled. The Trustees shall act only as a Board and the individual Trustees shall have no power as such, except that any action which may be taken at a meeting of the Board may be taken without a meeting, if a consent or consents in writing setting forth the action so taken shall be signed by all of the Trustees in Office and shall be filed. Once a quorum is established at the beginning of a meeting, the Board shall retain authority to transact any and all business coming before such meeting, notwithstanding any Trustees removing themselves from the meeting so that less than a quorum would continue to be present.

In an event of four Trustee meeting reaches a deadlock of votes, the absent Trustee will be given an opportunity to vote on the issue or article or motion. If such a vote is not obtained within a reasonable period of time (not more than one week) the absent Trustee is deemed to abstain from the vote and the President Emeritus will cast a tie breaking vote to break the deadlock.

Section 2.9 Executive and Other Committees
The executive committee will diligently and in good faith exercise powers vested in it by the Board for effective day to day functioning of Balvihar. The Trustees will advise the General Secretary or executive team members on policy and implementation of various programs. This advice is non-binding except in extraneous circumstances and matters where by-laws and or mission or vision of the organization are being violated. Any program recommendation by the executive team can be overruled by the Trustees by 4 of 5 majority vote.

The executive committee shall consist of the following office bearers of the organization

1. General Secretary – A General Secretary will have the overall responsibility of leading the day to day functioning of the organization. The General Secretary will recommend the appointment of the various secretaries on the executive committee to perform the following functions.

2. Educational – The Educational function will involve development of curriculum, development of class calendar, teaching recruitment and appointments, class content, quality management, students’ assessments, parents – teacher communication and coordination.

3. Treasury – The Treasury function will have the overall financial oversight, budgeting responsibility, tax filing, contracts and services, facilities coordination, insurance coverage and other administrative responsibilities.

4. Events and Communication Lead – The Events Lead will be responsible for planning and delivering various Balvihar events through out the calendar year. The lead will maintain an event calendar and will be responsible for recruiting volunteers for running various events. The event lead will manage the event promotion. The event lead will coordinate all the communications and announcements for Balvihar including the website development and various social media presence.

Section 2.9.1 Election and appointment of executive committee
The Organizing Trustee will conduct an impartial election of General Secretary as per the following guidelines.

1. The Organizing Trustee will solicit nominations from members for General Secretary.

2. The Organizing Trustee will ascertain the eligibility of the nominations for General Secretary based on the following criteria:

a) A nominee must be a current paid Balvihar member for two consecutive years

b) A nominee must have attended minimum 20 weeks of Balvihar sessions in a academic year for two consecutive years. Such a claim by the candidate member will be verified by the Organizing Trustee.

c) A nominee must have led one or more major event or taught as a lead teacher for at least 20 weeks in a year

d) A nominee must have a documented support for nomination from three Balvihar members one of whom should be a BOT

3. For election to be valid at least 51% or more eligible members should have voted. Each member family will have one (1) vote per family.

4. In an event the member participation in the election is less than 51%. The Trustees will solicit votes from members who have not voted in the first go round.

5. The election will not be declared valid until at least 51% members have voted for a General Secretary. The onus of garnering the minimum threshold of votes lies with the candidates, and not with the BOT. Although the Trustees are not prevented from soliciting votes from members.

6. After a reasonable period of time and up to 6 weeks prior to the beginning of the in-coming academic year if no valid elections have yielded a qualified General Secretary the Board of Trustees will meet in an extra ordinary session to nominate a GENERAL SECRETARY based on the current votes deemed as majority opinion.

7. The Trustees will confirm the appointment of the incoming executive committee team on the advice of the General Secretary. The recommendation may be overturned by BOT vote of four out of five (4 of 5). The Trustees will ensure that the incoming executive team members have met the following eligibility criteria:

a) An executive committee lead must be a paid member of Balvihar for one year or more

b) An executive committee lead must have attended 20 weeks of Balvihar sessions

c) An executive committee lead must have actively participated as a volunteer for minimum of one or more event

d) An executive committee lead must have documented support for nomination from the General Secretary and ratification by the Trustees.

Section 2.9.2 Impeachment of General Secretary
Removal of the GENERAL SECRETARY can be initiated by a Trustee with or without prompting from Balvihar member. Trustees will be required to assign a reason to initiate the termination motion. Such a motion can be based on the following reasons including but not limited to

1. Violation of by-laws

2. Violation of Code of conduct

3. Acting against the interest of (embezzlement, sexual harassment)

The external BOT will conduct an independent validation of the removal motion and present its finding to the BOT. BOT’s cannot abstain from a removal vote. The impeachment motion would be carried if 4 out of 5 voting BOT’s support the removal. The remaining office bearers of the executive team will be considered terminated if the GENERAL SECRETARY loses BOT’s confidence. The BOT’s may choose to allow the office bearers to continue until a replacement is appointed.

Section 2.9.3 Executive Team Powers vested by Board of Trustees
The executive team shall have and exercise all of the powers and authority of the Board in the management of the business and affairs of the organization, except the following:

1. Filling of vacancies in the Board

2. Adoption, amendment or repeal of the By-Laws

3. Amendment or repeal of any resolution of the Board

No Committee of the Board other than the Executive Committee shall, pursuant to resolution of the Board or otherwise, exercise any of the powers or authority vested by these By-Laws or the Non-Profit Corporation Law of 1988 in the Board as such, but any other committee of the Board may take recommendations to the Board of Executive Committee concerning exercise of such powers and authority. The establishment of any committee of the Board and the delegation thereto of power and authority shall not alone relieve any Trustee of his duty to the Corporation.

Section 2.10 Interested Trustees Or Officers: Quorum
No Contract or transaction between the Corporation and one or more of its Trustees or Officers, or between the Corporation and any other corporation partnership, association of other organization in which one or more its Trustees or Officers are Trustees, or Officers, or have a financial interest, shall be void or void able solely for such reason or solely because the Trustee or Officer is present at or participates in the meeting ofthe Board which authorizes the contract or transaction, solely because his or their votes are counted for such purpose, if

1. The material facts as to the relationship or interest and as to the contract or transaction are disclosed or are known to the Board and the Board in good faith authorizes the contract or transaction by the affirmative votes or majority of the disinterested Trustees, even though the disinterested Trustees are less than a quorum: or

2. The contract or transaction is fair as to the Corporation as of the time it is authorized, approved or ratified by the Board. Common or interested Trustees may be counted in determining the presence of the quorum at a meeting of the Board which authorizes a contact or transaction specified in this section. However, to the extent that the provision of any statute, regulation, ordinance or similar governmental pronouncement having the force of law with respect to the operations being or to be conducted by this Corporation provide for different rules regarding interested Trustees, the provisions of this By-Laws shall be deemed suspended as to such transactions and the requirements of such statue, regulation, ordinance or other governmental pronouncement shall be applied and controlled with respect to the transaction in question.

Section 2.11 Compensation of Trustees
All Trustees shall serve this Corporation without compensation.

 

News

School Year update - Thursday, August 6, 2015

School Year 2015/2016 will start with orientation and Ganesh Puja on September 13th 2:30PM to 4:30PM.

Please visit the page "Want to Enroll?" for information on registration

 
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