Bylaw

Society for Promotion of Alternate Computing and Employment

(A Society to be registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act of 1955)

Bylaws

Contents

  1. Name
  2. Definitions
  3. Aims and Objectives
  4. Office
  5. Governing Body
  6. Tenure of Office
  7. Membership
  8. affiliation
  9. Meetings
  10. Quorum for Meeting
  11. Management and Control
  12. Executive Committee (ExeCom)
  13. Office Bearers
    1. Chairman
    2. Vice Chairman
    3. Executive Secretary
    4. Treasurer
  14. Co-ordinator
  15. Funds Management
  16. Amendments
  17. Termination
  18. Operations of Bank Accounts
  19. Raising of Loans
  1. Name

    2. 1.The Society is to be registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act of 1955.

    2.The Society shall be called ''SOCIETY FOR PROMOTING ALTERNATE COMPUTING AND EMPLOYMENT'' or SPACE for short. In the rest of this document, SPACE will be referred to as ''the Society''

  2. Definitions

    3. 1.''SPACE'' shall mean SOCIETY FOR PROMOTING ALTERNATE COMPUTING AND EMPLOYMENT

    2.''IT'' shall mean Information Technology.

    3.''ICTs'' shall mean Information and Communication Technologies.

    4.''FLOSS'' shall mean Free, Libr´e and Open Source Software (FLOSS), which are computer softwares that are distributed together with source code, with implicit rights for users to use, study, modify and redistribute the software.

    5.''ExeCom'' shall mean the Executive Committee or the Office Bearers of the Society.

    6.''Co-ordinator'' shall mean the Chief Functionary, or the Chief Executive Officer of the Society.

    7.''VME'' shall mean Virtual Micro-Enterprises, which are small-scale IT enterprises that may have geographically
    distributed individuals working together through electronic communication channels such as the Internet.

    8.''Act'' means the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955

  3. Aims and Objectives

    4. The Society shall have the following objectives:

    1. Promotion of Free, Libr´e and Open Source Software (FLOSS) for widespread use in the domains of private sector, public sector, personal and home use, and for Governments.

    2. Ensuring the development of Human Resources in the FLOSS domain in the right quantity and with high quality through programmes such as training, Conferences and Seminars, and other programmes that bring together experts and laypeople.

    3. Providing support to ICT initiatives in the domains of Local Self-Government, Education, or any other low-resource application which may be otherwise be difficult on account of technology, cost, licensing or other barriers.

    4. Providing Research and Development (R & D) in ICT in the form of prototype, products and services, so as to fill existing gaps in software availability, as for instance, in local language computing.

    5. Developing, disseminating and making available low-cost, mass-based applications for governmental, public sector, private sector or personal use such as editors, spreadsheets, email clients or personal productivity tools.

    6. Making available a mechanism for providing correct information and considered opinions to individuals and organizations, especially for decision making purposes vis-à-vis FLOSS.

    7. Making available appropriate tools, technologies and software for IT-enabled education at all levels, viz., primary, secondary, college and higher university education.

    8. Convening conferences, campaigns and training programmes for focused Groups such as Engineering students as well for the general public in order to impart awareness on FLOSS.

    9. Setting up FLOSS-related facilitating infrastructure such as component warehouses and data centers wherever required.

    10. Promotion of small-scale ICT enterprises—or in other words, Virtual Micro- Enterprises (VMEs)—which may provide services such as software development, IT-Enabled Services, hardware and software support and maintenance, E-Governance, IT-training and education, IT infrastructure or any other IT based Service of use to the people under the Society’s area of operation.

    11. Facilitation of operation of VMEs by providing support services such as training, domestic and foreign marketing, technology services, quality assurance, and quality certification.

    12. Provide expert opinion on FLOSS as inputs for purposes such as policy formulation, programme design, and curriculum design. Provide 'think tank' Services within the software domain so that policy-makers are made aware of all aspects of technology choice.

    13. Taking up projects from local and foreign institutions, including industry, large and small businesses, the government, and any other institution in India or abroad that is desirous of utilizing the services provided by the Society. The Society may enter into contracts, agreements or MoUs with its clients for this purpose.

    14. Dividing projects or parts of projects to one or more affiliated VMEs and ensuring that the projects get executed according to the specified time, quality and cost parameters. In order to achieve this, the Society may enter into legally enforceable contracts with affiliated VMEs.

    15. Carrying out studies, surveys, and market research to assess the status of FLOSS use and to identify opportunities for application of FLOSS.

    16. Providing training programmes to VMEs for technology upgradation, quality improvement or similar purposes.

    17. Creating a repository of software artifacts for common use of VMEs as well any other public or private organization.

    18. Providing alternative software tools, technologies and methodologies that are appropriate and relevant to the context of Kerala, including Free, Libr´e and Open Source software (FLOSS).

    19. Providing entrepreneurial and managerial support to VMEs who are affiliated to the Society.

    20. Providing support to successful VMEs by putting them in touch with Venture Capital agencies so as to enable these VMEs to grow to a higher level.

    21. Stimulating and encouraging the development of VMEs through any other mechanisms including institution of annual awards, an annual event or exhibition of products and services.

    22. Mobilizing funding from any source or sources for the conduct of the activities of the society including by means of pledging the movable and immovable assets of the Society, by mobilizing grants, or through any other financial instrument.

    23. Certifying software, training content, or any other intellectual artifact within the domain of Free, Libr´e and Open Source.

    24. Building networks with other like-minded national and international organizations to achieve the objectives of the Society.

    25. Liaising with national and international agencies, governmental agencies, bilateral and multilateral agencies or UN agencies to facilitate the objectives ofthe Society and for mobilizing financial or non-financial resources. Entering into joint projects with these agencies in the area of expertise of the Society.

    26. To accept moneys or money’s worth from Central Government, governmental organizations, institutions and individuals in the form of voluntary work, grants, donations, subscriptions, gifts, bequests, endowments, royalities, consultancies, fees etc. for the furtherance of the objectives of the Society.

  4. Offices

    5. 1.The registered office of the Society shall be situated in Thiruvananthapuram

  5. Governing Body

    6. The Governing Body shall consist of the following:-

    1. Chairman
    2. Vice Chairman
    3. Executive Secretary
    4. Treasurer
  6. Tenure of Office

    7. The tenure of office of the Governing Body shall be for a period of one year and will be rotated annually among the members of the Governing Body.

  7. Memberships

    8. 1. The membership of the Society is open to all individuals subject to the following conditions:

    (a) Should have a demonstrable link with the Information Technology in general and FLOSS in particular
    (b) Should be accepted by two thirds majority of members present in a General Body meeting
    (c) Should fulfill any other criteria fixed from time to time by the Executive Committee (ExeCom) of the Society

    2. Membership may be cancelled by death or expulsion. In the latter case, two thirds majority of the members present in a General Body need to approve the expulsion which has to be proposed by the ExeCom.

  8. Affiliations

    9. 1. The Society can associate with VMEs through the mechanism of affiliation at Such time when the Society considers it desirable.

    2. A VME may be affiliated to the Society through the following procedure:

    (a) Making an application to the Society in the prescribed format
    (b) Arranging for the inspection of its systems and procedures by the Society's authorized representatives
    (c) Subject to satisfactory performance during inspection, paying the admission fee

    3. For the purposes of affiliation, a VME is defined as an organization that fulfills the following criteria:

    (a) Has a legal position, registered as a partnership, society, company, trust or association under the respective enactments.
    (b) Is actively pursuing a business that is connected centrally to Information Technology, as can be evaluated by an inspection of the books of account and other evidences of such activity

    4. Affiliated VMEs are required to pay an annual subscription charges

    5. Affiliated VMEs are required to pay charges for any other specific services such as training, specific marketing interventions or quality upgrade trainings.

    6. Affiliated VMEs are required to abide by the rules and regulations of affiliation, approved by the ExeCom, that are in existence at the time.

  9. Meetings

    10. 9.1 General Body

    1. The General Body is the supreme authority in all matters of the Society

    2. The General Body consists of all the members of the Society.

    3. The General Body shall meet at least once every financial year. In addition, it may meet any number of times as required

    4. A notice of two weeks is required for convening a meeting of the General Body.

    5. The quorum for the General Body shall be 50 percent of membership or 7 Members, whichever is lower. If after the expiry of 30 minutes after the time fixed for the meeting, the meetings shall be adjourned for such a date as the Chairman may fix if there is no quorum. No quorum shall be necessary for a meeting adjourned for want of quorum.

    6. One meeting of the General Body shall be designated as the Annual General Body meeting. This meeting shall, inter alia,

    (a) Discuss the Annual Report of Activities and the audited statements of account, and pass them after satisfying themselves of their veracity.

    (b) Appoint auditors for the following year.

    (c) Consider awarding membership to those recommended by the ExeCom.

    (d) Elect the Executive Committee (ExeCom) for the next term by simple ballot.

    (e) Discuss and pass the Annual Budgets and work plans presented by the ExeCom.

    7. All properties, movable and immovable of the society shall vest with the General Body.

    8. Decisions shall be taken by a majority of votes of the members present and voting.

    9. The General body shall have all such powers and shall perform all such functions as are necessary or proper for achievement or furtherance of the objectives of the Society.

    9.2 Governing Body Meetings

    The Governing Body shall meet only in the presence of the Chairman. But, in unforeseen circumstances, if the Chairman is not able to attend, he can authorize one of the members of the Governing Body in writing to Chair the meeting. The Meetings shall be convened atleast once in three months and as often as necessary, as per the direction of the Chairman of the Society. Three days notice shall be given for a meeting. However, in an emergency, the Chairman may convene the meeting within 24 hours.

  10. Quorum for meeting

    11. The quorum for meeting of the Governing Body shall be three. If within 30 minutes from the time appointed for a meeting, the quorum is not present, meeting if convened upon the requisition of the members, shall be dissolved and in any other case, it shall stand adjourned to the same day and the same time and at the same place following week. This adjourned meeting shall proceed with, whether there is quorum or not.

  11. MANAGEMENT AND CONTROL

    12. The management and control of the society is entrusted to the Executive Committee of the Society to be elected annually by the General Body and shall be carried on in accordance with the bye-laws. The names, addresses and designation of the present members of the Executive Committee are subscribed hereunder:-

    Sl. NO. Name and Address Designation Signature

  12. Executive Committee (ExeCom)

    13. 1. The ExeCom shall consist of seven members elected from the General body by simple ballot.

    2. The ExeCom shall, in their first meeting, elect a Chairman, Vice-Chairman, Executive Secretary and Treasurer.

    3. The ExeCom shall meet once a month during which the Co-ordinator will present a report of activities.

    4. The ExeCom shall be authorized to mobilize funds for the smooth conduct of the Society from any appropriate agency, if necessary by pledging the assets of the Society, in the forms of grant or loans or any other financial instruments.

    5. The ExeCom may enter into any agreement with any agency, within the country or without, for successful achievement of the objectives of the Society.

    6. The ExeCom shall appoint the Co-ordinator if the vacancy arises.

    7. The ExeCom shall frame the rules of work for all employees of the Society.

    8. The ExeCom shall be empowered to take disciplinary action against the Coordinator if required.

    9. The ExeCom may delegate any of its powers to the Co-ordinator or to one or more designated members of the ExeCom in the form of a subcommittee or Task Force through a resolution directed at this purpose.

    10. The ExeCom shall evaluate the performance of the Co-ordinator at least once every year.

    11. Decisions shall be taken by a majority of votes of the members present and voting.

    12. In the event of a tie, the Chairman shall have a casting vote.

    13. The ExeCom may transact urgent matters by circulation of papers, if so desired by the Chairman.

  13. Office Bearers

    14. 13.1 Chairman

    1. The Chairman shall preside over all meetings of the ExeCom
    2. The Chairman shall direct the secretary to convene ExeCom and General Body meetings
    3. The Chairman shall maintain general oversight over the activities of the Society

    13.2 Vice Chairman

    1. The Vice Chairman shall discharge the duties of the Chairman in the absence of the Chairman

    13.3 Executive Secretary

    1. The Executive Secretary shall convene ExeCom meetings.

    2. The Executive Secretary shall convene General Body meetings upon instructions from the ExeCom

    3. The Executive Secretary shall present a report of activities at the Annual General Body meeting

    4. The Executive Secretary shall represent the Society for any negotiation, contract, or agreement provided that the ExeCom decision exists for this purpose.

    5. The Executive secretary shall appoint and remove staff provided the decision for this has been adopted by the ExeCom.
    The executive secretary will also arrange for period appraisal of the performance of the staff of the Society and take remedial action where required.

    6. The Executive secretary shall prepare and present work plans, budgets, and any other documents to the ExeCom and subsequently to the Annual General Meeting.

    7. The Executive secretary will be responsible for operations of the office and he can delegate his duties and responsibilities to board members or employed persons.

    13.4 Treasurer

    1. The Treasurer shall arrange for books of account to be maintained

    2. The Treasurer shall arrange for audit of the books of account, and present the Statement of accounts for approval at the Annual General Meeting.

  14. Co-ordinator

    15. 1. The Co-ordinator shall carry out all the day-to-day activities of the Society. In this, the Co-ordinator shall be guided by the bye-laws of the Society as well the policies and decisions of the ExeCom. And Executive Secretary

    2. The Co-ordinator shall arrange for the safe keeping of all the records and correspondence of the Society.

  15. Funds Management

    16. 1. The Treasurer will be generally in charge of the finances of the Society

    2. All bank accounts of the Society shall be jointly operated by the person authorized by the Board.

  16. Amendments

    17. 1. These bye-laws can be amended through a proposal put forward by the ExeCom and circulated before a General Body meeting convened, inter alia, for this purpose

    2. The proposed amendment has to be approved by 2/3 rd of members present, provided a quorum exists.

  17. Termination

    18. 1. On dissolution of the Society, it shall be amalgamated with any other society having similar objectives and duly registered under the then relevant acts together with all assets and liabilities or the assets after discharging all charges and obligations shall be transferred to the Government. Assets and profits shall not be distributed among the members of the association.

  18. Operations of Bank Accounts

    19. An account or accounts may be opened in the name of the Society in such Bank or Banks as the Governing Body may decide from time to time. All cheques shall be signed by any two of Treasurer, Executive Secretary and Co-ordinator.

  19. Raising of Loans

    20. The Governing Body is empowered to riase loans from individual, bank, Governmental Organisations, or other financial institutions either by pledge, mortgage or otherwise of any of the assets, property, movable or immovable rights, easements etc to attain the objects/purposes of the Society on such terms and conditions that the Governing Body may from time to time decide. The Secretary or in his absence any office bearer shall execute all documents/agreements on behalf of the Society.

PARTNERS