About


About MAA

MAA was formed to promote Advancement and Awareness of the Teraian’s Identity, Linguistic and Cultural heritage. Cooperation & networking among Teraians.

Our mission

MAA is a non-profit and non-political organization of Madheshis in the USA which promotes identity and culture of Madheshis, and facilitates as a platform to network and share ideas among Madheshis in the USA. It also coordinates with other organizations in the USA and abroad to work.

 

MAA BYLAWS

MADHESHI ASSOCIATION IN AMERICA
For the advancement of Culture, Heritages and
Socio-Economic Empowerment

 

ARTICLE 
ARTICLE I: NAME AND OFFICE 
ARTICLE: II: MISSION 
ARTICLE III: GOALS AND OBJECTIVES 
ARTICLE IV: RESPONSIBILITIES 
ARTICLE V: EXECUTIVE COMMITTEE 
ARTICLE VI: RESPONSIBILITIES AND DUTIES OF EXECUTIVE COMMITTEE OFFICERS 
ARTICLE VII: BOARD OF TRUSTEE 
ARTICLE VIII: BOARD OF ADVISORS 
ARTICLE IX: MEMBERSHIP 
ARTICLE X: GENERAL CONVENTION 
ARTICLE XI: MEETINGS 
ARTICLE XII: QUORUM 
ARTICLE XIII: ELECTIONS 
XIV: AWARDS 
ARTICLE XV: FINANCIAL TRANSACTION 
ARTICLE XVI: NOTICES AND CORRESPONDENCE 
ARTICLE XVII: NOTICES AND WAIVERS 
ARTICLE XVIII: AMENDMENTS 
ARTICLE XIX: SEVERABILITY 
ARTICLE XX: NON- PROFIT STATUS 
ARTICLE XXI: CHAPTERS 
ARTICLE XXII: MAA FOUNDATION 
ARTICLE XXIII: PERSONAL BENEFIT 
ARTICLE XXIV: DISSOLUTION 

 

ARTICLE I: NAME AND OFFICE
Section 1: Name
The name of this organization shall be the Madheshi Association in America (MAA). The word ‘Madheshi’ defines the people who or whose ancestor has/had residence in Terai/Madhesh of Nepal and speaks madheshi language (such as Maithili, Bhojpuri, Awadhi, Tharu, Rajbanshi, Hindi or other native languages spoken in Madhesh) as mother tongue. MAA web site shall be designated as www.maamadhesh.org. It shall be an autonomous, independent, non-profit, non-political social organization, which shall be registered as a tax-exempt organization under Section 501(c)3 of the Internal Revenue Code.
Section 2: Office
MAA shall maintain a registered office in the State of Texas and MAA may have office within or outside the state in USA. The office will be maintained by President of MAA.
Section 3: Logo
Section 4: Legal right on the operation of MAA
MAA shall not belong to any individual except Executive Committee elected by general convention and all members of MAA. The Executive Committee will have legal right for the operation of MAA. MAA organization shall automatically be transferred to the new Executive Committee with all of MAA’s properties, webpage, bank account, and documents of bank, projects, and membership without any delay by previous Executive Committee within 15 days of completion of convention.

 

ARTICLE: II: MISSION
Promote Culture, Heritages and Socio-Economic Empowerment of Madheshi by maintaining the coordination, sharing, cultural and developmental values, and enhancing close cooperation among Madheshi and Madheshies’ friends in USA, Nepal and Abroad. MAA will focus on the opportunities and challenges of:
1. Coordination among Madheshi in USA, Nepal, and Abroad.
2. Educational, Social, Health, and Economic development of Madheshies.

3. Madheshi Integration and Empowerment.
4. Cultural Awareness and its Promotion.
5. Community Service, Charity, and Sustainability.


ARTICLE III: GOALS AND OBJECTIVES


The Goal of MAA is to consolidate Madheshi to move forward for the empowerment of Madheshi community in USA, Nepal, North America, and Abroad. The specific objectives of MAA will be as below:
a. To promote close cooperation and interaction among Madheshies in USA, Nepal & Abroad.
b. To uplift and promote advancement of the Madheshi’s Cultural heritage.
c. To collaborate, and strengthen close relationship with other Nepalese organizations dedicated to the goodwill of Nepalese people in USA, Nepal, North America, and Abroad.
d. To conduct and be involved in the socio-economic programs for addressing the problems of Madheshi in USA, Nepal, and Abroad.
e. To provide educational support and logistic help to the promising Madheshi students coming to USA for higher education.
f. To concentrate in the promotion of women’s cause, equality and professional development of Madheshi women.
g. To build a strong relationship with local partners for the advancement of Madheshi culture and heritage.
h. To raise fund for the support of natural, man-made, and personal emergencies and calamities.


ARTICLE IV: RESPONSIBILITIES


The responsibilities of MAA shall be:
- To direct, manage, supervise, and control the business, property, and funds of MAA and any sponsored organization or program,
- To govern the organization, make overall decisions and create policies on behalf of all chapters, and guide and steer the organization,
- To coordinate and set a standard for chartered Chapters.


ARTICLE V: EXECUTIVE COMMITTEE


1. MAA Executive Committee (hereafter called, “the Executive Committee or EC”) shall consist of Executive Officers and Members (hereafter, together called Executive Committee or EC Members) elected from convention. The Executive Committee shall formulate policies and implement programs and activities to achieve the objectives of the Association. The interpretation of these bylaws by the Executive Committee shall be final and binding. To revise the interpretation, the proposer must provide the wording of the proposed change for the Executive Committee’s review. The Executive Committee will review the proposal and make final decision.
2. The Executive Committee shall consist of
a. President one (1),
b. Senior Vice President one (1),
c. Vice Presidents five (5),
d. General Secretary one (1),
e. Secretary one (1),
f. Treasurer one (1),
g. Joint Treasurer one (1),
h. Media Coordinator one (1),
i. Spokesperson one (1),
j. Members twenty one (21), and
k. Members (President of each Chapter).
3. There shall be five Vice-Presidents.
4. One of Vice-Presidents shall be a woman. If a woman does not file her candidacy at the time of election for EC during convention, that post will remain vacant, and the elected President of EC will select a woman Vice-President during or after convention. The President must get approval from EC for the selection of a woman Vice-President.
5. The Media Coordinator and Spokesperson shall be nominated by the President of EC and approved by the Executive Committee.
6. The Media Coordinator and Spokesperson will join the meeting of executive committee to add their input in favor of MAA and its normal activities.
7. The election of the Executive Committee members shall be conducted as stated in these by-laws. Each elected EC Member shall be an active member in good standing of a chartered Chapter or MAA. All the EC members shall be elected in the manner prescribed in the By-laws.
8. The term of the Executive Committee members shall be two years. Officer of the Executive Committee may hold the same position up to two terms.
9. Once elected, Executive Committee members shall serve for a full term except in the event of the person's death, resignation, or loss of membership in the Association.
10. The Executive Committee shall have the authority to hire and terminate an administrative staff as deemed necessary, and compensate for the person’s services.
11. The Executive Committee is authorized to appoint and organize various Committees to implement the aims and objectives of the MAA and its normal functions for the purposes set forth in these Bylaws. Each committee shall consist of at least one (1) Coordinator from the Executive Committee. The Executive Committee is authorized to modify, amend or terminate any committee at any time with enough justification. The Executive Committee may authorize the President to appoint and organize various Special Committees, as the President shall deem necessary to fulfill the purposes of the Association.
12. The Executive Committee shall take any action or decision required to be taken at the meeting of the Executive Committee through any means including email, internet, social media, new technology tools and conference calls.
13. The Executive Committee shall take any decision by 51% of majority but the decision taken by simple majority must be validated by 100% majority of the Executive Committee members.
14. The Executive Committee shall hold meetings periodically, at least twice a year, to discuss the organization’s activities and projects, including but not be limited to, review the past year's activities, review accounts, consider and recommend policy changes, consider any other business of the agenda that is allowed by the presiding officer at his or her sole discretion.
15. The Executive Committee shall appoint an Audit Committee consisting of at least three (3) officers and/or members of the Executive Committee. The Audit Committee shall submit a report of audit to the Executive Committee at the next annual meeting of the Association. There should be consultation in preparation of Internal Audit with certified CPA.
16. If the central EC realizes the members of Board of Trustee (BOT) is performing its responsibility for the welfare of MAA, the executive committee can recommend either all of them or some of the previous BOT members for the next term.
17. No more than certain percent (%) of persons serving on the Executive Committee may be an “interested person” (the exact percentage will be decided by the Executive Committee at a duly constituted meeting of the Executive Committee). For purposes of this section, an "interested person" is defined as : (a) any brother, sister, father, mother, son, daughter or spouse of any Executive Committee Member, and (b) any Executive Committee member serving on other boards or maintaining business interests that does not constitute a conflict of interest. ARTICLE VI: RESPONSIBILITIES AND DUTIES OF EXECUTIVE COMMITTEE OFFICERS


1. PRESIDENT
a) The President shall preside at all general conventions of the Association and meetings of the MAA Executive Committee.
b) The President, acting as the Chief Executive Officer of MAA and with consultation of the Executive Committee, shall develop and implement long-term aim, vision, and plan for MAA. The President shall provide overall leadership of the Association, supervise the general affairs and activities of MAA, and carry out the resolutions and directives of the Executive Committee, and shall perform such other duties pertaining to the office of the
President.
c) The President shall make a report to MAA for the convention, and such other reports as directed by the Executive Committee.
d) The president shall be responsible to perform or supervise that all regulatory requirements (such as filing IRS Tax Forms, etc.) have been met on a timely fashion.
e) The president shall perform such other duties of the Association as the Executive Committee may delegate to the President.


2. SENIOR VICE PRESIDENT
a) The Senior Vice-President shall act as President in the event of the President’s death, resignation, removal or temporary absence and shall have all the powers and duties of the President.
b) The Senior Vice-President will also oversee all committees and report on their activities to the Executive Committee.
c) The Senior Vice-President shall develop and implement short- and long-term goals, objectives, policies and procedures in concern with the President and Executive Committee, and shall formulate strategies and introduce initiatives to effectively execute on key goals with the President.


3. VICE PRESIDENTS
The duties of the Vice Presidents shall include, but not limited to; the growth of membership, fund raising, outreach, education, internet, press, publications, and conferences in the USA.


4. GENERAL SECRETARY
a) The General Secretary shall record all the proceedings of the meetings of the Executive Committee and distribute minutes of the meetings to the appropriate members within one month after the date of the meeting. 

b) The General Secretary shall maintain a current membership list indicating the names and addresses of all the members of the Association, and indicating those members that are entitled to vote upon any proposed action to be submitted for consideration by the members.
c) The General Secretary shall serve all notices required by law and by these By-laws. The Secretary shall be responsible for all reports required by law and shall perform such other duties as may be required by the Association or delegated by the EC.
d) The General Secretary shall be responsible for maintaining and securely archiving all official records of the Association. At the conclusion of his or her term, the Secretary shall turn over to his or her successor all books and others papers belonging to the Association that the Secretary may have in his or her possession.


5. SECRETARY
a) The Secretary shall act as General Secretary in the event of the General Secretary’s death, resignation, removal or temporary absence and shall have all the powers and duties of the General Secretary.
b) The Secretary shall work as the Managing Editor of MAA’s News Letter that shall be published periodically, at least every six months.
c) The Secretary shall perform all other duties delegated by the President in consultation with the EC.


6. SPOKESPERSON
a) The Spokesperson’s duties include arranging press conferences, appearing for media interviews, and corresponding with individuals and groups on behalf of MAA.
b) The Spokesperson, under the supervision and direction of the President and the Executive Committee shall manage affairs outside the organization, including developing and implementing goals for corporate relations and community/public relations, and shall assist the President and the Executive Committee.


7. TREASURER:
a) The Treasurer shall be the custodian of all funds of the Association, shall maintain bank accounts, receipts and disbursement of funds and shall give complete financial reports to the Executive Committee.
b) The Treasurer shall prepare a financial statement sufficiently detailed for the preparation of any annual reports or tax returns required by the Internal Revenue Service. He/she shall fulfill all regulatory requirements such as filing IRS tax returns etc. on a timely fashion; sign all documents issued by MAA when it is required; affix the corporate seal of the organization when it is required; keep the financial accounts and records; and be responsible for proper internal control procedures and make a report thereof at the General Convention.
c) The Treasurer shall prepare an annual budget and give a report of the financial condition of the Association at each meeting of the Executive Committee and the Association’s Convention. The Treasurer shall perform such other duties as prescribed by the Executive Committee. At the conclusion of his or her term, the Treasurer shall turn over to his or her successor all financial books and records of the Association that are in his or her possession, and shall relinquish to his or her successor all rights to corporate accounts and monies.


8. JOINT TREASURER
a) The Joint Treasurer shall act as Treasurer in the event of the Treasurer’s death, resignation, removal or temporary absence and shall have all the powers and duties of the Treasurer.
b) The joint treasurer will keep the membership record and remind the members to renew membership if any member’s membership is near to terminate.


9. MEDIA COORDINATOR:
a) The Media Coordinator (MC) under the supervision and direction of the President and the Executive Committee shall serve manage affairs related to the use and implementation of technology for MAA operations, including but not limited to; social media, website management, MAA’s member relationship management software, the blog and other technical requirements and media related activities.
b) The MC will be responsible for creating short and long term goals to enhance the operations of MAA through the use of social media and technology.
c) The MC will be responsible to ensure that the only designated representatives as identified by the Executive Committee have access and permission to provide updates, upload information/messages on MAA website and MAA’s social media outlets.
d) The MC shall make a report to MAA General Convention and such other reports as directed by the President in consultation with the Executive Committee. When term is over, MC must handover the passwords, technological information to new MC.


ARTICLE VII: BOARD OF TRUSTEE


The Board of Trustee (BOT) will be selected by General Convention. The name of interested BOT members will be recommended to election committee by the President of Executive Committee and election committee shall publish the names of members of BOT in front of General Convention for their final approval. There will be five members in BOT. One of them will be designated as a chairperson of BOT. The term of members of BOT will be for four years.

1. The member of BOT must have membership of MAA and at least one of the following contributions:
a. A person who has donated $1000 or more.
b. A person who has brought a grant of $3,000 or more from a funding organization.
c. A reputed person who has experience of social organization and worked in favor of MAA.
d. A previous MAA president.
2. Responsibility of BOT:
a. Members of BOT will serve as the members of Board of Advisors also.
b. The BOT members cannot serve more than two terms.
c. BOT shall raise fund for MAA to conduct regular and casual projects.
d. BOT will observe the activities of Executive Committee.
e. BOT cannot serve or participate in Election for EC members.
f. BOT will not disturb and stop the normal activities of EC.
g. In case, Executive Committee has a dispute due to misunderstanding and differences among themselves an issue to a situation when it becomes impossible to conduct Association’s day to day work, a decision of one third of member of EC will send a letter of problem to BOT to resolve the issue.
h. BOT can give positive suggestions no more than three times to the Executive Committee to resolve the issue. BOT will send warning letter after three suggestions. If their suggestion is not obeyed by EC, BOT will suspend the Executive Committee, but allow EC to work until the next Executive Committee is elected by the General Convention. The suspended Executive Committee shall not take major decision without permission of BOT. BOT will announce the date of General Convention to elect a new Executive Committee following the process mentioned in this By-laws within 180 days.
i. In the situation described in point “h”, the suspended EC should help and be involved in the process of General Convention announced by BOT. All the expenses for the convention will be taken care by BOT but Executive Committee shall be involved in the arrangement of the convention.


ARTICLE VIII: BOARD OF ADVISORS
Section 1: Structure of Board of Advisors:
a. The Association shall have a Board of Advisors consisting of individuals whose primary responsibility shall be to advise the President and Executive Committee on broad spectrum of issues that will be in the best interest of MAA’s vision, aims and objectives as outlined in this bylaw. The Board of Advisors will also be available to represent MAA and perform any duties requested/assigned by the EC. The Board of Advisors shall be individuals with proper qualifications as seen fit to advise the current Executive Committee officers and members in meeting short-term operational and long-term strategic goals. 

b. The Executive Committee shall constitute the Board of Advisors within two months of the beginning of its term. To appoint an individual to the Board of Advisors, the President, after consultation with the Executive Committee, must make a nomination. The member must be confirmed by a simple majority vote of the Executive Committee.
c. The Board of Advisors shall have all members of BOT and all Past Presidents of the Association.
d. The term of the members of Board of Advisors shall be for two years, and is renewable. To remove a member of the Board of Advisors, the President must submit a resolution to the Executive Committee. The member of the Board of Advisors shall be removed by a simple majority vote of the Executive Committee. A member of the Board of Advisor may choose to resign at any time upon written notice to the President.


Section 2: Responsibility of the Board of Advisor:
a. All members of the Board of Advisors will share their suggestions to the President and Executive Committee.
b. Members of Board of Advisors will help Executive Committee for the advancement of MAA.
c. Board of Advisors shall bring new ideas in terms of social, financial, academicals, and future prospect of MAA and its members.
d. Members of Board of Advisors will not participate in any voting on any agenda of Executive Committee meeting of MAA.


ARTICLE IX: MEMBERSHIP
1. MEMBERS
Membership shall be open to any individual who supports the goals and objectives of the Association as stated in the bylaws. Such persons may become members after completing a Membership Application, obtaining the approval of the Executive Committee EC and paying the applicable dues. The Association membership shall be of following categories:
a. GENERAL MEMBER: To be a General Member, one must be at least 18 years old, living in USA, submit an application and pay membership dues. Anyone seeking membership as General Member shall directly submit his/her membership application and dues, on line or by mail/email, to the Treasure or to the person authorized by the Association. To become a General Member, the due will be $10.00 for 2 years of term. A General Member shall of the voting right of one. 

b. LIFE MEMBER: To be a Life Member, member must pay life membership dues. Life Membership will eliminate any outstanding dues as a general member. Life membership shall be valid for the rest of the Member’s life. The Life Membership cannot be inherited, bequeathed, assigned or transferred. To become a Life Member, the due will be $50.00. A Life Member shall have the voting right of one.
c. HONORARY MEMBER: The Association may, at its discretion, confer Honorary Memberships to distinguished persons who are recognized nationally or internationally in their profession and have significantly contributed to the betterment of MAA, Nepal and Nepalese in general. Honorary members shall not be required to pay membership dues. Honorary members shall have no voting rights. Honorary members shall be entitled to membership for the assigned term. Executive Committee will assign honorary member.
d. FOUNDING MEMBERS: All members will be considered as founding members whoever shall have been registered until first convention of MAA in any kind of membership as described in the By-laws in article IX.
e. AFFILIATED MEMBER: A Madheshi from outside of USA shall be considered as affiliated member but affiliated member shall not have voting right in MAA of USA.
f. The above membership fee can be changed by the Executive Committee depending on the situation of existing and recruiting members.


2. ADMISSION AND REVOCATION
The Executive Committee shall have power and discretion to issue procedure for filing an application for a membership. The application for membership shall be reviewed and approved, at its discretion, by the Executive Committee. The membership can be revoked by the Executive Committee if the Executive Committee determines that a member has violated or acted against the objectives or by-laws of the Association.


3. MEMBERSHIP DUES
Membership dues for each class of membership shall be as mentioned in this By-laws. Renewal of the membership is due in two years on January 1. Registration to attend General Convention will automatically pay for General Membership fee for two years. Persons who fail to pay dues when they are considered in arrears will be removed from the membership list and his or her membership shall be automatically and immediately terminated.


ARTICLE X: GENERAL CONVENTION
1. The Executive Committee shall hold at least one GENERAL CONVENTION every two years at an appropriate time in the Fall (September-November) to transact the Association business such as, conduct elections as provided in Article XII of this by-laws, review the activities for the past two years, receive and adopt amendments, if any, to the by-laws, consider any policy changes or new policies and transact any other business included in the agenda or allowed by the presiding officer at his or her discretion.
2. If the above-described arrangement is not possible in a particular year due to unforeseen circumstances, the Executive Committee shall make appropriate decisions to hold General Convention for the particular year at an appropriate time and place.
3. The General Convention shall be the most powerful platform to resolve unsolved issues.


ARTICLE XI: MEETINGS
1. The President shall preside over the meetings. Each Executive Committee member qualified to vote shall have only one vote, which shall be exercised by the Members at the meeting. The Executive Committee shall have the following meetings:
a. Biannual Meeting: The Executive Committee shall hold at least two meetings every year at an appropriate time to transact the Association business such as, review the activities for the past six months, and receive amendment suggestion, if any, to the by-laws, consider any policy changes or new policies and transact any other business included in the agenda or allowed by the presiding officer at his or her discretion.
b. Regular meetings: The Executive Committee will meet at least once every three months to discuss the business of the Association.
c. Special meetings: If for any reason, a meeting of the Executive Committee is deemed necessary by Executive Committee Officers or Members and a representation to that effect is received by the Executive Committee, such a meeting shall be called by the Secretary within 15 days of the receipt of such a request.
d. Extraordinary/Emergency meetings: The President may call an extraordinary/emergency meeting at any time if such meeting is necessary.
2. Notice of Meetings: Any meeting or meetings shall be called upon no less than 7 days written notice to each Member of Executive committee.
3. Venue and Means of Meetings: The President, with the consent of the Executive Committee, shall specify the place, date and time of annual, regular, special and other meetings of the Executive Committee. Meetings can be held as Conference Call meetings. The Executive Committee Members should be provided the Conference Call Number and Passcode to call in no later than at least one day before meeting.
4. Conduct of Meetings: The order of business at meetings shall be fixed by the President and all meetings of the Executive Committee shall be public.
5. Agenda for Meetings: The agenda for each regular meeting of Executive Committee shall be assembled by the President, or by the General Secretary as designated by the President. Any Officer or Member may recommend material or topic for inclusion on the agenda. Such material shall be submitted no later than 7 calendar days prior to the meeting. The President or General Secretary shall distribute the agenda to the Executive Committee Members no later than 5 calendar days prior to the date of the meeting. Additional items may be placed on the agenda at a regular meeting by a majority vote of the Executive Committee Members present.
6. Decision: The decisions of the Executive Committee shall be made by a majority of those present in a meeting, at which quorum is satisfied, except when otherwise designated in these by-laws.
7. Motion to Reconsider: A motion to reconsider may be made at the same meeting at which the vote was taken or a subsequent meeting by any Executive Committee Officer or Member who did not vote with the majority.
8. Compensation of the Executive Committee Members: All EC Members shall serve voluntarily without compensation.
9. If a Member of the EC is absent from the EC meetings consecutively three times without any notice, the EC may take proper action including dismissal of the Member from the EC.


ARTICLE XII: QUORUM
The Executive Committee Members may participate in a meeting of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other and such participation shall constitute presence in person at such meeting.


ARTICLE XIII: ELECTIONS
Once the General Convention date is fixed by the Executive Committee, the President in consultation with the Executive Committee shall appoint an Amendments Committee and an Election Committee. Each committee shall have 3 (three) to a maximum of 5 (five) members, one of whom shall be designated as the Chairperson of the committee and one of them shall be a woman.
Section 1. Responsibility of the Amendment committee:
1. The Amendment Committee will set up a meeting with the Executive Committee and Board of Advisors to collect advices including the suggestions received by general members during two years of term.
2. The Amendment Committee will amend the MAA By-laws and send to the Executive Committee to pass amendments through the General Convention.
Section 2. Responsibility of the Election Committee:
3. An election shall be held for the positions of the Executive Committee every two years during the Association’s General Convention. The election shall be completed during the Convention.
4. The Election Committee shall publish the election timelines and start the election process at least 30 days prior to the convention.
5. Election Committee shall fix the time of voting and final list of the candidates of the Executive Committee.
6. The Election Committee shall invite nominations from members for the position(s) to be elected at least 21 days prior to the election. All the nominations for the positions shall be filed at least 15 days prior to such election date. Candidates nominated must be members, consent to their nomination before nomination is filed. One person shall contest election for only one post of the Executive Committee.
7. All candidates must be current members of MAA in good standing. The candidates nominated for the positions of President and Treasurer shall at least be permanent residents/green card holder of USA.
8. The candidate nominated for the positon of President shall have served as Executive Committee member of the MAA for at least one term or served on the Executive Committee formed at the time of announcement of MAA except for the first election.
9. The Election Committee shall publish the list of the candidates at least 12 days before the election date, shall give the candidate time to withdraw and publish the revised list of the candidates at least 7 days before the election date.
10. The Election Committee shall hold election by Individual Members (General Members and Life Members). Only Individual Members who obtained their memberships by directly submitting his/her membership application and dues to Association within the specified time by the Executive Committee shall be eligible to vote at this election.
11. Along with the election rules and regulations, the election committee shall distribute ballots and all necessary election materials to MAA members prior to 7 days before the day when election starts.
12. If the President and General Secretary candidates are interested to give speech to prove themselves as the best candidates, the Election Committee will give those 5 minutes individually to explain their reasons.
13. The election shall start during convention of Association’s General Convention. All votes shall be cast by secret ballots. The Election Committee shall count all votes and declare election results at the General Convention.
14. The person receiving the majority votes for a designated position shall be declared elected.

15. The Election Committee shall complete the entire election process, certify the results, and announce the names of the elected officers.
16. If a vacancy in the Executive Committee occurs at any time during the term of the Executive Committee Members, the President, in consultation with the Executive Committee, shall temporarily appoint a member to fill the position. The term of the appointed Executive Committee Member shall be only for the remaining period of the term of the elected Executive Committee.
17. The Election Committee members are entitled to participate in the convention. The members of Election Committee will have voting rights as a member of MAA.
18. Once convention and election date is declared, none of the committee can postpone convention and election date until unless a natural disaster or unfavorable political environment occur. The Executive Committee will work as care taker committee until convention and election is completed. If EC needs any work authority, EC will ask permission from BOT.
19. Both Amendment Committee and Election Committee shall be dissolved after convention.


Article XIV: AWARDS
1. At the time of MAA Convention every two years, MAA awards shall be given to individuals who have achieved significant milestone in their professional life, have shown their leadership skills by leading major international organization or have contributed significantly for strengthening organizational capability of MAA in the past. The categories awards shall be determined by Award Committee on the recommendation of Executive Committee.
2. The Executive Committee shall form an MAA Award Committee every two years at least 60 days before the convention. The MAA Award Committee shall have three members, and one of them shall be the Coordinator.
3. The Award Committee shall decide the process, including a call for nomination and selection procedure of awardees.
4. The Awards shall be given to selected awardees at the Convention.


ARTICLE XV: FINANCIAL TRANSACTION
Section 1: Financial transaction between MAA EC and its Chapters opened as per Article XXI of this By-laws.
1. Chapter shall open a bank account but cannot keep money more than $10 (ten dollar).

2. Chapter should immediately transfer any money left over any program or collection to Executive Committee. 3. Chapter shall collect membership fee for MAA Executive Committee. 4. Chapter shall transfer MAA's membership fee to MAA Executive Committee.
5. Any other fund raised by the Chapter for charitable cause shall be discussed and sent to MAA Executive Committee.
6. If any check more than $500 is written by either president or treasurer, either of them should get approval from Executive Committee prior to withdraw money from MAA’s bank account. 7. Once a year, prior to filing of 990, chapters shall provide annual financial activities report to the Executive Committee. 8. Only the Executive Committee shall issue a tax-exempt letter to the donor. It should be noted that there shall be no tax-exempt letter for membership fee as well as convention registration fee.
Section 2: MAA Contribution/Donation to Other Organization
1. MAA shall make direct donation to existing non-profit organization associated with the work related to donation purpose.
2. If the person who is administering the fund is not associated with any non-profit organization then donation shall be made to the third party non-profit organization who can administer the fund. Proper paper evidence shall be needed.
3. MAA members shall directly disburse the fund. Proper evidence of disbursement shall be needed.
Section 3: Fiscal Term
The fiscal year of MAA shall be from January 1st to December 31st of the same year.


ARTICLE XVI: NOTICES AND CORRESPONDENCE
1. Signatures on Notices and Correspondence: Signatures of the President or designee by the President shall be required for:
a. All meetings and decisions of regular and special meetings; and
b. All notices and correspondence signifying final elections of the Executive Committee.

2. The Executive Committee shall determine the editorial and publication policies of any official publications.


ARTICLE XVII: NOTICES AND WAIVERS
1. NOTICES
Notices required by these by-laws to be given to members shall be deemed to have been sufficiently given in writing to each member at his or her preferred address as it shall appear on the records of the Associations.
2. WAIVERS
Any member may waive notice of any meetings of the Executive Committee of these by-laws. Such notice shall be in writing and may be given by signing a waiver, mailing a card or by sending an e-mail, telegram or fax, and may be given either before or after a meeting. Attendance at any meeting shall constitute a waiver of notice and no written waiver shall be required.


ARTICLE XVIII: AMENDMENTS
1. ADOPTATION OF BY-LAWS
These by-laws have been approved unanimously on 01/20/2017
2. AMENDMENTS
The Executive Committee will appoint an Amendment Committee before the announcement of convention date.
a. Amendment Committee will ask all the General and Life members for proposed amendment to these by-laws and give seven day time line to submit their proposed amendment.
b. Amendment committee will set a meeting with the Executive Committee, the Board of Trustee, and the Board of Advisors after receiving the suggestions from the members after 7 days of received proposals.
c. Amendment Committee shall finalize the amendment in cooperation of the Executive Committee, BOT, and Board of Advisers.
d. The final amendment will be sent to all members before General Convention and approved by the General Convention.
e. The amendment shall be immediately effective after approval of General Convention.

 

ARTICLE XIX: SEVERABILITY
1. AUTHORITY
If any by-law or provision of these by-laws is found in violation of any superseding law or Authority, such will not affect any other by-law or provision of these by-laws not in such provision.


ARTICLE XX: NON- PROFIT STATUS
The organization will be registered exclusively for charitable, religious, education, and/or scientific purposes under section 501 (c) (3) of the Internal revenue Code. No substantial part of the activities of the organization shall participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future federal tax code.


ARTICLE XXI: CHAPTERS
MAA may decide to open local chapters within United States or be affiliated with any other local organization as an MAA’s chapter. In the case it is affiliated with other organizations MAA will not be responsible for the any financial activities of such organizations. MAA shall develop an operating agreement which will be the basis of working with such affiliated organizations. The guidelines for the Chapters and Affiliated Organizations are as follows:
1. Definition and Purpose
A Chapter is a group of Madheshi Association in America (MAA) members who live or work in a particular locality and who, as a matter of geographic convenience, organize themselves to promote the goals of MAA cooperatively. Chapters can engage only in activities that conform to the MAA’s aims, policies, and procedures.
2. Boundaries
The Chapter boundaries are proposed by the original organizers and approved by the EC’s Chapter Committee. Any change to the boundaries must be submitted to MAA for approval. The Chapter Committee, with the agreement of MAA's Executive Committee, may change a Chapter's boundaries if deemed in the best interest of the MAA.

3. Petition for Chapter Recognition
a. Application: To establish a Chapter, ten or more regular voting members of MAA must submit a written application to MAA Executive Committee (EC). The application shall state the name and proposed boundaries of the new Chapter and name the temporary officers.
b. Approval Process: The Chapter committee of MAA shall determine if the application for charter as a Chapter meets the minimum criteria for approval, and if so, will present it to EC for approval. Upon approval, the Chapter is granted Chapter status.
c. Only one Chapter of MAA can be formed in any major city or one in one state.
4. Operational Relationships with the MAA
a. Only MAA members in good standing may be Chapter members. All members residing or working within the boundaries of the Chapter may voluntarily assign themselves to that Chapter. However, a member may request a specific Chapter affiliation where more than one Chapter is in bounds. A member shall be associated with only one Chapter at a time.
b. The MAA Executive Committee shall maintain contact with all Chapters by assisting Chapters, as required, through the Chapter Committee, providing names and other information of members located in the Chapter's boundaries, and sending news of MAA activities to the Chapter.
c. A Chapter shall verify MAA membership status of potential Chapter members and ensures that Chapter members are first MAA members. A Chapter shall notify the MAA office of new Chapter members so that the MAA database can reflect Chapter affiliation.
d. A Chapter shall inform the Chapter Committee promptly of the names of its newly elected officers.
e. A Chapter shall furnish progress information on a quarterly basis and an annual activities report, to the Chapter Committee.
f. A Chapter shall submit an annual financial report to the Chapter Committee and MAA Treasurer.
g. A Chapter shall operate under local rules and procedures that are consistent with the governing bylaws, and operational policies and procedures of the MAA. Any variations from the governing documents must be cleared through the MAA's Chapter Committee and EC.
h. The Chapter shall obligate MAA to any financial or other commitment, nor use the MAA name without the Chapter designation, and only within the guidelines outlining use of the MAA name and logo.
i. The Chapter should deposit any fund, donation, membership fee to the Treasurer of the Executive Committee.

j. Each Chapter can open local bank account as per Central MAA permission.
5. Chapter Officer:
The Chapter membership is represented by an elected Chapter Executive Committee with authority to take whatever legal and proper actions are necessary for the fulfillment of the MAA's purposes. A Chapter Officer will be composed of at least the President, Vice President, Treasurer, Secretary, and the most recent past President.
6. Responsibilities:
The Chapter President, as head of the Chapter, is responsible for all operations. The Chapter President delegates duties to the other officers. The Chapter President’s responsibilities include, but not limited to: scheduling at least two meetings per year, recruiting new MAA members, compliance with U.S. IRS requirements regarding annual information returns, and overseeing elections conducted by the Chapter nominating committee in accordance with Subsection 7 below.
7. Chapter elections:
It is the Chapter’s President’s responsibility to see that procedures for Chapter elections are carried out properly. The results of the election should be reported to MAA EC at least 10 days before the MAA General Convention. A Chapter nominating committee handles the elections. The nominating committee, who is a member of the Chapter, is appointed by the Chapter President and EC president.
8. Chapter Dissolution:
If a Chapter persists in actions that are not in the best interests of the MAA, the EC by a two thirds vote may take any action it deems proper, including dissolution of a Chapter. Chapter dissolution does not affect MAA membership status of the members assigned to such a Chapter. Upon dissolution, residual Chapter funds shall revert to the MAA treasury, and use of the MAA name as a Chapter shall cease.
ARTICLE XXII: MAA FOUNDATION
MAA may create MAA foundation to promote charity work. Appropriate policy will be developed as needed to create MAA foundation. The policy must be approved by MAA Executive Committee.


ARTICLE XXIII: PERSONAL BENEFIT
No part of the MAA, assets, or funds, shall inure to the benefit of any member, trustee, executive committee members, officer of the MAA, or any private individual, except for the reasonable compensation to be paid for services rendered to or for the MAA.

ARTICLE XXIV: DISSOLUTION
The property of this Association is irrevocably dedicated to the purposes mentioned in
ARTICLE III: AIM AND OBJECTIVES, and no part of the net income or assets of this organization shall ever inure to the benefit of any advisor, officer, or member of this Association, or to the benefit of any private individual, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. Upon the winding up and dissolution of this corporation, after paying or adequately providing for the debts and obligations of the association, the remaining assets shall be distributed to a non-profit fund, foundation, or corporation that is organized and operated exclusively for charitable purposes and that has established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

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