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By-laws of "Sikh Gurdwara Sahib SF " 1 BY-LAWS AND ARTICLES OF INCORPORATION OF SIKH GURDWARA SAHIB SF ( SGSSF ) PO BOX 5471 SOUTH SAN FRANCISCO, CA 94083 (CALIFORNIA,USA) June 30, 2013 Approved By: Council of Members and Congregation.
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Page 1: BY-LAWS - Sikh Gurdwara Sahib SF · Temple (Gurdwara) will name the temple location decided by the congregation. 2. We hereby adopt these by-laws as the by-laws of this Corporation

By-laws of "Sikh Gurdwara Sahib SF "

1

BY-LAWS

AND

ARTICLES OF INCORPORATION OF

SIKH GURDWARA SAHIB SF ( SGSSF )

PO BOX 5471

SOUTH SAN FRANCISCO, CA 94083

(CALIFORNIA,USA) June 30, 2013

Approved By: Council of Members and Congregation.

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By-laws of "Sikh Gurdwara Sahib SF "

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TABLE OF CONTENTS:

TEN PRECEPTS FOR A SIKH WAY OF LIFE ARTICLES OF INCORPORATION CERTIFICATE OF ADOPTION OF CORPORATION BY-LAWS

ARTICLE I GENERAL

SECTION 1.01 ARTICLES OF INCORPORATION SECTION 1.02 PURPOSE SECTION 1.03 DEFINITIONS

ARTICLE II MEMBERSHIP

SECTION 2.01 CLASSES OF MEMBERSHIP SECTION 2.02 MAXIMUM NUMBER OF MEMBERS SECTION 2.03 QUALIFICATIONS FOR MEMBERSHIP SECTION 2.04 APPLICATION FOR MEMBERSHIP SECTION 2.05 MEMBERSHIP FEE SECTION 2.06 CERIFICATE OF MEMBERSHIP SECTION 2.07 SIGNATURE ON MEMBERSHIP CERTIFICATE SECTION 2.08 OBLIGATION OF MEMBERS SECTION 2.09 MEMBERSHIP REGISTER SECTION 2.10 MEMBERSHIP PERIOD SECTION 2.11 TERMINATION OF MEMBERSHIP SECTION 2.12 RIGHTS ON WITHDRAWAL OR TERMINATION FROM MEMBERSHIP

ARTICLE III CORPORATION ORGANIZATION STRUCTURE AND DUTIES,

POWERS AND LIMITATIONS OF GENERAL BODY, COUNCIL OF TRUSTEES AND BOARD OF DIRECTIOR (GPC): SECTION 3.01 ORGAZIZATION STRUCTURE (A) COUNCIL OF TRUSTEES (B) BOARD OF DIRECTORS (GPC) (C) BUDGET AND FINANCE COMMITIEES SECTION 3.02 POWERS, DUTIES AND LIMITATIONS OF THE COUNCIL OF TRUSTEES SECTION 3.03 POWERS, DUTIES AND LIMITATIONS OF THE BOARD OF DIRECTORS SECTION 3.04 APPROVAL AUTHORITY (A) COUNCIL OF TRUSTEES (B) BOARD OF DIRECTORS (GPC) (C) COUNCIL OF TRUSTEES

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ARTICLE IV CONUCIL OF TRUSTEES

SCETION 4.01 COMPOSITION SECTION 4.02 TERM OF OFFICE SECTION 4.03 ELIGIBILITY REQUIREMENTS FOR THE TRUSEES SECTION 4.04 SELECTION OF THE TRUSTEES SECTION 4.05 ORGANIZATION MEETING SECTION 4.06 OTHER MEETINGS SECTION 4.07 NOTICE OF MEETING SECTION 4.08 QUORUM OF THE COUNCIL OF TRUSTEES SECTION 4.09 VACANCY SECTION 4.10 PLACE OF MEETING SECTION 4.11 BUSINESS TO BE TRANSACTED SECTION 4.12 COMPENSATION OF THE TRUSTEES SECTION 4.13 LIMITATIONS SECTION 4.14 CONDUCT OF MEETING SECTION 4.15 MANNER OF ACTION SECTION 4.16 ATTENDANCE SECTION 4.17 EXECUTIVE SESSION OF THE TRUSTEES SECTION 4.18 TERM OF OFFICE BEARERS ARTICLE V BOARD OF DIRECTORS (GPC) AND BUILDING COMMITTEE SECTION 5.01 A COMPOSITION SECTION 5.01 B BUILDING COMMITTEE COMPOSITION, ROLE & RESPONSIBLITIES SECTION 5.02 TERM OF OFFICE SECTION 5.03 SELECTION OF THE DIRECTORS (GPC) (A) GENERAL (B ) ELIGIBILITY REQUIREMENTS FOR THE DIRECTORS (C) NOMINATION OF DIRECTORS (D) NOTICE OF SELECTION OF DIRECTORS (E) SELECTION OF DIRECTORS SECTION 5.04 ORGANIZATION MEETING SECTION 5.05 REGULAR MEETING SECTION 5.06 SPECIAL MEETING SECTION 5.07 NOTICE OF REGULAR AND SPECIAL MEETINGS SECTION 5.08 WAIVER OF NOTICE SECTION 5.09 QUORUM OF THE BOARD OF DIRECTORS (GPS) SECTION 5.10 VACANCY SECTION 5.11 PLACE OF BOARD OF DIRECTORS MEETING SECTION 5.12 BUSINESS TO BE TRANSACTED SECTION 5.13 COMMITTEES SECTION 5.14 COMPENSATION OF THE DIRECTORS SECTION 5.15 LIMITATIONS SECTION 5.16 CONDUCT OF MEETING SECTION 5.17 VOTING RIGHTS SECTION 5.18 MANNER OF ACTION SECTION 5.19 ATTENDANCE

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ARTICLE VI OFFICERS OF THE BOARD OF DIRECTORS (GPC)

SECTION 6.01 OFFICERS SECTION 6.02 QUALIFICATIONS FOR THE OFFICERS OF THE BOARD OF DIRECTIORS (GPC) SECTION 6.03 TERM OF OFFICE SECTION 6.04 POWERS, DUTIES AND LIMITATIONS OF THE OFFICERS OF THE BOARDS OF DIRECTIONS (GPC) (A) OP-SEWADAR (CO-ORDINATIONR OR LEAD WORKER) (B) SECRETARY (C) TREASURER

ARTICLE VII REMOVAL AND TERMINATION SECTION 7.01 GENERAL SECTION 7.02 TERMINATION OF MEMBERSHIP FROM THE CORPORATION SECTION 7.03 REMOVAL OF TRUSTEE (S) FROM THE COUNCIL OF TRUSTEES SECTION 7.04 REMOVAL OF DIRECTION (S) FROM THE BOARD OF DIRECTORS

ARTICLE VIII MISCELLANEOUS

SECTION 8.01 BUDGET SECTION 8.02 ACCOUNTION AND AUDITING SECTION 8.03 BANK ACCOUNT SECTION 8.04 FISCAL YEAR SECTION 8.05 RELIGIOUS PRACTICES AND USE OF GURUDWARA SAHIB STAGE SECTION 8.06 AMENDMENT TO THESE BY-LAWS SECTION 8.07 INDEMNIFICATION OF TRUSTEE'S, MEMBERS, OFFICERS, BUILDING COMMITTEE MEMBERS AND DIRECTORS SECTION 8.08 ASSETS AND LIABILITIES SECTION 8.09 TRANSFER OF RECORDS SECTION 8.10 ANNUAL STATEMENT SECTION 8.11 FREE KITCHEN (LANGAR) SECTION 8.12 CORPORATION SEAL SECTION 8.13 DISSOLUTION

COUNCIL OF TRUSTEES SIGNATURES SHEET

APPENDIXES APPENDIX A NOTICE OF NOMINATION AND NOMINATION PETITION APPENDIX B SAMPLE CONSENT FORM FOR SPEAKERS

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TEN PRECEPTS FOR A SIKH WAY OF LIFE:

Followings are the main precepts:

1. To have unshakable belief and faith in one and all pervading God. Recognize all human race as one. 2. To base one's way of life in the teachings of the Guru Granth Sahib

(Holy Book). 3. To promote the adoption of the 5-Ks. 4. To earn an honest living by physical or mental exertion.

5. To set aside one-tenth of one's income for the help of the poor and for promoting Sikhism.

6. To recite the words of the Gurus (Path) or sing hymns (Kirtan). 7. To overcome lust, anger, greed, attachment and ego. 8. To abstain from jealousy, bigamy, intoxicants, substance abuse,

tobacco and liquor. 9. To seek Amrit (Baptism) from the Guru.

10. To always show kindness, humility, responsibility, confidence, self-respect and respect for all other human beings.

CERTIFICATE OF ADOPTION OF CORPORATION BY-LAWS We the undersigned (see signatures at the end of by-laws) certify that: 1. We from "SIKH GURDWARA SAHIB SF" (SGSSF) a California

religious Corporation, Trustees, congregation members of the Temple (Gurdwara) will name the temple location decided by the congregation.

2. We hereby adopt these by-laws as the by-laws of this Corporation for future use. All future acts of corporation shall be as per by these by-

laws. Any past Council of Trustees and Board of Directors/Gurdwara Parbandhak Committee (GPC) selected by the Congregation valid and

acceptable and therefore ratified by this document. 3. No Directors were named in the Articles of Incorporation and directors

shall be selected for the by-laws of this corporation.

4. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct to our own knowledge.

IN WITNESS, WHEREOF the undersigned at the end of by laws executed this certificate on June 30, 2013 in California.

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SEE ATTACHMENT A

BY-LAWS

ARTICLE I GENERAL

SECTION 1.01 ARTICLES OF INCORPORATION:

The Articles of Incorporation of "SIKH GURDWARA SAHIB SF" (SGSSF)

hereafter called the "corporation," are hereby made a part of these BY-LAWS

and all matters hereinafter contained In these BY-LAWS shall be subject to

such provisions In regards thereto, if any, as are set forth in the Articles of

Incorporation. All reference in this By-LAWS to the Articles of Incorporation

shall be construed to mean the Articles of Incorporation as from time to time

amended. The Corporation shell establish and maintain its head office AT

LOCATION decided by the trustees and congregation, at "SIKH GURDWARA

SAHIB SF" (SGSSF) California, USA.

SECTION 1.02 PURPOSES:

This Corporation is a California incorporated non-profit Religious Corporation.

It is organized under the non-profit religious corporation law exclusively for

religious purposes. the primary purpose of the Corporation is to practice and

promote Sikh religious tenants such as:

Oneness of God.

Equality of mankind.

Universal brotherhood.

Equality of man and woman.

Rejection of caste system.

Elimination of priest or middleman between human beings and God.

The Corporation has broad incidental purposes, which include but are not

limited to the purposed described below:

Propagate the teachings of Sri Guru Granth Sahib and Ten Gurus (shri

Guru Nanak Dev Ji through Shri Guru Gobind Singh Ji and bhagat sahiban) only.

Promote religious, educational, social and cultural aspects of Sikhism. Provide a platform to discuss all issues affecting Sikh religion and all

beings.

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Regularly hold congregations and to partake in the celebration of Sikh religious and cultural activities.

Interface activities and support organizations and institutions with similar objectives and propagation of virtues for all human beings.

SECTION 1.03 DEFINITIONS: (A) COUNCIL OF TRUSTEES: Such council means dully elected, appointed, or selected as described herein

the by-laws by the eligible members with the consent of the congregation.

(B) BOARD OF DIRCTORS or Gurdwara Parbanthak Committee (GPC):

"Board" means the board of Directors or GPC appointed by Corporation. The

term Board of Directors shall include all appointed according to the Articles of Incorporation or by-laws of the Corporation to form the Governing Body of the Corporation.

(C) DIRECTORS: Directors means natural persons, designated in the Articles of Incorporation or by-laws or selected or appointed by the incorporates, according to the

Corporation by-laws to act as a member of the Corporation.

(D) DULY CONVENED MEETING: Duly convened meeting means a meeting of members. Trustees or directors called according to the provisions of these by-laws and in which the required quorum is present.

(G) PERSON: Person means a natural person.

(H) QUORUM: Quorum means 80% (eighty) percentage of members whose

presence is necessary for the transaction of business.

(1) RELATED BY BLOOD OR MARRIAGE: related by blood or marriage

as used in these by-laws means the individuals who are connected to one another as husband, wife, or children count as one and only one person of the

family can be trustee or director.

(J) RESOLUTION: A resolution deals with matters entirely within the

prerogative of the Council of Trustees or the Board of Directors (GPS). Most resolutions deal with the rule of the Council of Trustees or the Board of Directors (GPC). The resolutions also are used to express the sentiments of the

Council of trustees or the Board of Directors (GPC).

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(K) STANDING VOTE: Members in favor of a proposal shall stand and be

counted by the presiding officer, then the members opposed to the proposal shall stand and be counted. There in no record of how individual members

voted.

(L) UNANIMOUS CONSENT: Unanimous consent means approval without

an objection from any member.

(M) VOICE VOTE: Voice vote means members answer "Aye" or "No" in chorus

and the presiding officer deciding the results.

ARTICLE II MEMBERSHIP SECTION 2.01 CLASSES OF MEMBERSHIP: There shall be only one type of memberships of the Corporation. (A) ANNUAL: All twenty-one (21) member of the Council of Trustee are the only members of this corporation. Trust membership open until members count

reach 21.

SECTION 2.02 MAXIMUM NUMBER OF MEMBERS: The council of Trustees members shall be composed of twenty-one (21) members only.

SECTION 2.03 QUALIFICATIONS FOR MEMBERSHIP: Membership shall be required to participate in the management of the Corporation responsible for managing the affairs of the GURDWARA SAHIB. The membership to the Corporation shall be open to qualified SIKHS who meet

the following requirements:

(A) Is a natural person.

(B) IS over 18 years of age, except for Teenage-Directors.

(C) Professes the SIKH religion ; believes and follows the teachings of Sri Guru

Granth Sahib only, does not practice or follow any other sect or a cult.

(D) Believes in and supports the GURDWARA SAHIB objectives.

(E) Pledges to abide by the Corporation BY-LAWS. Take an oath when receiving

membership certificate in presence of Guru Granth Sahib (Holy Book) to

upkeep the interest and trust of the Sangat and Gurdwara as per Sikh Religion.

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(F) Has paid required membership fee (minimum of $5,000.00). There shall be

no fee or donation requirements for Teenage Directors.

(G) Has filed an application or petition on the prescribed form.

(H) Resides for 3 years within San Mateo county and San Francisco county of

the principal place of business of the GURDWARA SAHIB, exceptions can be approved by Trustees, with minimum 3/4th (75%) majority of present

Trustees.

(I) Bears a good moral character and has not disturbed the peace and/or is not

a party to create disturbance of peace at this or any other GURDWARA SAHIB.

(J) No member can stand for two positions, except in temporary committees.

(K) No member shall take an advantage of his office for personal gain fame.

(L) Female memberships will be encouraged and solicited.

(M) A person who is a criminal, felon or guilty of misappropriation of funds of

any organization cannot become a Director/Member or any other official position.

(N) Any congregation (Sangat) member shall have the right to use the facility

on "first come first" basis.

(O) Any congregation (Sangat) member can inspect the documents and

accounting record upon a reasonable (2 weeks minimum) written request.

(P) Any congregation (Sangat) member or any person visiting the premises of

Gurdwara Sahib, found to be intoxicated on the premises, smoking tobacco,

having substance abuse, would be suspended or expelled from membership upon minimum 16 (75%) members approvals. No one shall smoke, drink or gamble on the premises of the Gurdwara. Violators shall be either suspended

or expelled as mentioned above, or reported to police.

(Q) Preparation and consumption of Non-Vegetarian food (any kind of meat,

eggs, fish etc.) is not allowed in boundaries of Gurdwara.

(R) Member should be a legal in USA.

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(S) Only one member from a family (Husband, wife, adult-child) may become a

Trustee or Directors.

NOTE: Section 2.03 can be amended only with minimum 75 % majority consent of all members of Council of Trustees to vote at the special meeting.

Membership shall not be required to attend all religious functions and ceremonies at the GURDWARA SAHIB, but are encouraged to attend, as many

as possible.

SECTION 2.04 APPICATION FOR MEMBERSHIP: See Article IV, Council of Trustees.

SECTION 2.05 MEMBERSHIP FEE: See Article IV, Council of Trustees:

SECTION 2.06 CERTIFICATE OF MEMBERSHIP: No Certificate is given to any congregation (Sangat) members.

SECTION 2.07 SIGNATURE ON MEMBERSHIP CERTIFICATE: No Certificate is given to any congregation (Sangat) members.

SECTION 2.08 OBLIGATION OF MEMBERS: Every person upon becoming a member of the Corporation by such act agrees to be bound and to abide by all the provisions of the Articles of Incorporation,

the by-laws and any rules and regulations of the Corporation in effect at the time of the application for membership and as there after adopted or amended.

SECTION 2.09 MEMBRSHIP REGISTER: The council of Trustees shall keep an updated membership list containing names and addresses of members.

SECTION 2.10 MEMBERSHIP PERIOD: See Section 4.02, "Term of Office."

SECTION 2.11 TERMINATION OF MEMBERSHIP. The membership to the Corporation shall be terminated according to Article VII

of these by-laws.

SECTION 2.12 RIGHTS ON WITHDRAWAL OR TERMINATION FROM MEMBERSHIP:

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1. In the event of voluntary or involuntary withdrawal or termination from membership, regardless of the circumstances of withdrawal or termination, the

Corporation shall not become or be liable for the payment of any amount whatsoever to the member who withdraws from corporation membership.

Corporation shall not be responsible for personal acts of members. 2. A person who is a criminal, felon or found guilty of misappropriation of

funds of any organization or had created problems at this or any other Gurdwara before or is in violation or acted against general interest, welfare, honor of the Congregation can not become a member.

ARICLE III CORPORATION ORGANIZATION STRUCTURE AND DUTIES, POWERS, AND LIMITATIONS OF COUNCIL OF TRUSTEES AND BOARD OF DIRECTORS (GPC) SECTION 3.01 ORGANIZATION STRUCTURE: The organization structure of the Corporation shall consist of the following bodies:

(A) COUNCIL OF TRUSTEES: Council of Trustees is already in place to build the new Gurdwara Sahib in So. San Francisco. This body is based on the Sikh Religious concept of Elders,

selected according to Article IV Section 4.04 of these by-laws. This council shall act as the owner of the property and oversee the operation of board or GPC.

(B) BOARD OF DIRECTORS (GPC): The Directors or Members and office bearers of the Board or GPC, selected or appointed according to the Articles of Incorporation or by-laws of the

corporation to form the Governing Body to manage the day to day operation of the Gurdwara Sahib and shall be called the board of Directors or Gurdwara parbandhak committee. The board of Directors (GPS) shall not be a part of Sikh

Gurdwara Sahib corporation and shall not have any vote in corporate elections.

(C) BUDGET AND FINANCE COMMITTEES: The Council of Trustees may appoint 6 (six) members from its trustee members and 5 (five) members 4 (four) Adults and 1 (One) Teenager) from the congregation as a BUDGET AND FINANCE COMMITTEE. The members

appointed on this Committee must have the basic knowledge and understanding of Business Accounting and financial principles, the ability to prepare and analyze financial reports, cash flows, and budgets. The committee

members shall be appointed for a two-year term. There shall be maximum two terms a member can serve on this committee. The committee shall oversee

administration of all assigned fiscal activities of the Corporation.

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SECTION 3.02 POWERS, DUTIES, AND LIMITATIONS OF THE COUNCIL OF TRUSTEES: Subject to the restrictions of law, the articles of Incorporation and these By-Laws, the council of Trustees shall have the following duties and powers:

(A) Compliance with Corporation by-laws.

(B) Manage the affairs of the Corporation on permanent basis. Trustees should be impartial, fair, reasonable, and act according to the Sikh tradition to best of

their knowledge and ability. (C) Resolve disputes referred by the Board of Directors (GPS) or congregation,

only when written complaints are filed. (D) Encourage compliance with Law, Articles of Incorporation, and these by-

laws.

(E) Encourage teaching Punjabi language (Gurmukhi) and Path to interested children.

(F) Encourage children to wear turbans. (G) Encourage/participate in Dharam Parchar (religious teachings).

(H) Encourage/help cleaning work for Langar, Main Hall and gardening.

(I) Present Siropas (Religious Honor) in the Sangat upon request by the GPC, council or Board. Only trustee or head priest will perform this function. Any

member of council, board or GPC will inform the Trustee (in rotation) for such request.

(J) Participate in Path activity.

(K) Encourage/help arrange Amrit-Sanchar (Baptism) once a year or as required.

(L) Emphasize the Rehat Maryada and Sikh spiritual way of life.

(M) Set a good example of Nishkam Sewa (Selfless service) for all to follow. Stay above petty politics and minor issues. Maintain Trustees and Congregation respect, dignity and tradition.

(N) The council shall oversee the activities of the Board or GPC and if they feel

the board or GPC are not performing their duties properly and or not in

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accordance with these by-laws. Then they have the authority to remove one or all members of the board or GPC.

(O) To conduct, manage and control the affairs and business of the Gurdwara

and to make rules and regulations, which are consistent with the laws of the State of California or the articles of Incorporation, or the by-laws of the Corporation for the guidance of its members, officers, congregation and

employees. (P) Deeds of trust, mortgages, pledges and other evidence of indebtedness and

securities therefore shall be the responsibility of the Board. No personal loans shall be given to any person, without exception.

(Q) To bind and remove employees, priests, all officers, agents and employees of

the Corporation, prescribe their duties, fix their compensation and require from them security for faithful services. Determine the minimum qualifications,

education, experience and period of employment for the Priests and employees. All these actions only are taken after the approval of the council of trustees.

(R) An annual report of the operation of the Corporation, which shall consist of a summary of the Corporation balance sheet as of a fixed closing date, will be presented to Sikh Gurdwara Sahib S F members no later than sixty (60) days

after the end of the fiscal year.

(S) All the Corporation books and records are to be audited by an independent Certified Public Accountant, individually or by a firm following the conclusion of each fiscal Year and cause a copy thereof to be available for inspection at the

principal office of the Corporation during regular office hours by any member of the Corporation.

(T) Plan and hold annual, quarterly and special meetings of the Corporation members.

SECTION 3.03 POWERS, DUTIES AND LIMITATIONS OF THE BOARD OF DIRECTORS (GPC): Subject to the limitations of the laws of the State of California, the Articles of Incorporation, and of these by-laws relating to action which shall be authorized

or approved by the Trustees to manage the day to day affairs of the Corporation

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shall be exercised by or under the authority of the Board of Directors. It is hereby expressly provided that the Board of Directors shall have the following

powers and duties, in conjunction with council of Trustees (COT).

(A) To maintain SANCTITY of the GURDWARA SAHIB and maintain peace

within the premises of the GURDWARA SAHIB, The Board of Directors is

hereby authorized to seek the assistance of Trustees or as a last resort the assistance of law enforcement agencies to maintain the SANCITY AND PEACE

at the GURDWARA SAHIB premises and around it to protect life, safety and property of the public and neighborhood.

SECTION 3.04 APPROVAL AUTHORTY: The project and financial approval authority of the various sections of the Corporation shall be as follows:

(A) COUNCIL OF TRUSTEES: The Council of Trustees shall have the approval authority for the new or no-going construction projects. When required the Council of Trustees shall act as

an independent body and shall have the authority to approve or reject and issue or dispute referred to this body. When the Council of Trustees is action on behalf of the Board of Directors, the council of Trustees shall have all the

privileges and authorities of the Board of Directors. Council of Trustees' decision shall be final. Council of Trustees has the power and rights given here, by these By-laws to pass a religious judgment, community services, reprimand,

fines with the consent of the congregation, against the violators of such Council's decision.

(B) BOARD OF DIRECTORS (GPC): The Board of Directors by at least 3/4 th (75%) of Votes may approve for the Corporation up to a total cost of Six Thousand dollars ($6,000.00) and pay all

the Utilities Bills and minor Maintenance Bills. The Board of Directors (GPC) shall be allowed to keep maximum of $6,000.00 (Six Thousand Dollars) in their

bank account.

THE APPROVAL AUTHORITY TO THE BOARD OF DIRECTORS IS GRANTED WITH THE CONDITION THAT THE BOARD OF DIRECTORS SHALL ALWAYS USE THIS AUTHORITY PRUDENTLY, CAUTIOUSLY AND ONLY FOR THE BENEFIT OF THE GURDWARA SAHIB, CORPORATION AND CONGREGATION, THE DIRECTORS SHALL BE PERSONALLY LIABLE FOR FRAUD, WASTE, OR ABUSE OF CORPORATION PROPERTY OR MISUSE OF THEIR AUTHORITY. (C) COUNCIL OF TRUSTEES:

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No one shall solicit, encourage, request, demand for the immigration (Temporary, visitor visa, special visas, or permanent residence) for any priest or

any other employee of the corporation or Gurdwara. Only on special religious occasions, famous religious musicians, Preachers, Ragijathas, Kathakars,

Scholars may be sponsored and invited by visitor visas from outside USA by the decision of (75%) Council of Trustees in writing.

ARTICLE IV COUNCIL OF TRUSTEES SECTION 4.01 COMPOSITION: The council of Trustees shall consist of TWENTY-ONE (21) members . Members

of the Council of Trustees are the only one eligible to vote in the matters or elections of the corporation.

SECTION 4.02 TERM OF OFFICE: (A) The Council of Trustees shall be selected for life term, and shall have the

power to replace members who resign or leave the Council of trustees for any other reasons. The selection or nomination process for choosing new member(s)

shall be adopted by the Council with 75% of votes. The blessing of Sangat or Congregation present at that time in the Gurdwara shall also be sought.

SECTION 4.03 ELIGIBILITY REQUIREMENTS FOR THE TRUSTEES: Member(s) desiring to serve on the council of Trustees of the Corporation must

meet the following requirements: (1) Must be an active paid member of this Corporation. Must pay minimum $

5,000.00 to Gurdwara Sahib and must fill and signature the APPENDIX C.

(2) Must bear a good moral character.

(3) Must have made significant contribution and Sewa for the betterment of

the GURDWARA SAHIB. May sign personal liability on behalf of the

Corporation or making one time generous donation or performing an exceptional Sewa (Tan Man Dhan) for the benefit of the Corporation or Gurdwara, or sponsored and approved by the majority of the congregation for

any special reason approved by the existing Trustee.

(4) Must have signed a pledge to abide by Corporation by-laws. Take an oath

in presence of Guru Granth Sahib (Holy Book) to upkeep the interest of the Sangat, Gurdwara and corporation.

(5) Should know Sikh-history and have good knowledge of Sikh-religion.

(6) Only one member from a family (Husband, wife, adult-child) may become a

trustee.

SECTION 4.04 SELECTION OF THE TRUSTEES:

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THE current Council of Trustees should determine the eligibility of a proposed trustee. First preference should be given to the immediate family member of

the outgoing trustee. Secondly, in case of a vacancy in the council of trustees, either Sangat or existing Council can nominate a proposed trustee, which will

have to be approved by 75% of vote of the council. Unanimous Selection of trustees is always preferred method of selection. In the congregation the ARDAS shall be performed in front of GURU GRANTH SAHIB and in the

presence of all existing Trustees, Board of Directors and Sangat an announcement shall be made by Spokesperson of the Council for the approval of the new Trustees by the Sangat. If Sangat approves it shall be final.

SECTION 4.05 ORGANIZATION MEETING: The meeting date shall be decided by the council, but it is mandatory to have

at least once a year on the 1st Sunday of May every year.

SECTION 4.06 OTHER MEETINGS: The Council of Trustees shall meet on an as need basis, and at least every three month on the date decided by them to review and discuss the status of

the Corporation. The Council shall check account, balance, expenses, problems, complaints, program evaluations, issues concerning children's religious education, program participation, and flow of Kirtan. Council of

Trustees shall make recommendations and constructive suggestions to the Committee for any improvements. This is not to take over or interfere in the Committee's function. Trustees should attend quarterly meetings or as

requested or desired.

SECTION 4.07 NOTICE OF MEETING: The Council of Trustees shall establish their own method of notification.

SECTION 4.08 QUORUM OF THE COUNCIL OF TRUSTEES: Minimum Eighty percent (80) of the members of the Council of Trustees shall constitute a quorum of the Council of Trustees at all meetings. One of the

following members must be present: President, Secretary or Treasurers.

SECTION 4.09 VACANCY: The Council of Trustees shall have the authority to fill vacancies by

resignation, termination, death or absence exceeding six months of any Trustee, by 75% (3/4th) VOTE of the remaining Trustees, The new Trustee, must meet all the eligibility requirements for the Trustee of the Council of

Trustees as specified in Section 4.03 and 4.04 this Article.

SECTION 4.10 PLACE OF MEETING: The meeting of the Council of trustees shall be held at the principal office of the Corporation.

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SECTION 4.11 BUSINESS TO BE TRANSACTED: It shall not be necessary to state in any notice the nature of the Business to be

transacted at the meeting. Generally the regular order of business at the Council of Trustees meeting shall be:

Meetings shall commence with a simple Ardas (prayer) and Roll call.

Approval of minutes of previous meeting. Action on matters on the written agenda.

New business as approved by the Trustees present at the meeting.

Executive session (if necessary).

SECTION 4.12 COMPENSATION OF THE TRUSTEES: The Trustees of the Council of trustees or any member of the Corporation

otherwise serving the Corporation at the request of the Corporation as an officer or otherwise shall receive NO salary or any other compensation for their services to the Corporation.

SECTION 4.13 LIMITAIONS: A trustee serving on the Council of trustees must continue to meet all the

eligibility requirements of Section 4.03 of this Article during his or her term as Trustee of the Corporation.

SECTION 4.14 COUNDUCT OF MEETING: In the conduct of all meetings of the Council of Trustees, the Sikh religious tradition shall be respected and followed.

SECTION 4.15 MANNER OF ACTION: (A) The Council of Trustees assembled in a duly convened meeting shall act and deliberated as a body and not through individual deliberations. (B) The decision made by the Council of Trustees shall be in the form of

written resolutions approved with the 75% (3/4th) CONSENT (or as prescribed elsewhere) of the Trustees present at the duly convened meeting. All the

Trustees present shall sign all resolutions adopted by the Trustees.

SECTION 4.16 ATTENDANCE: The Council of Trustees shall establish their own rules to govern themselves.

SECTION 4.17 EXECUTIVE SESSION OF THE TRUSTEES: The Trustees may enter into executive session during a meeting for the purpose of reviewing personnel matters and legal issues. The chair may invite other members to attend an executive session. The minutes of any executive

session shall be confidential and shall not be discussed except with the unanimous consent of all the Trustees, Directors, Trustees and members as

necessary and as required. All shall cooperate with the core, as it is very

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member's equal responsibility. Ogarahi (Fund Raising) committee shall take initiative in planning, who to visit and when, build up team and keep account

of fund collected and deposited in corporation account and receipts provided to contributors.

SECTION 4.18 TERM OF OFFICE BEARERS: All the office bearers shall be elected for two Years term only. New election for the Office Bearer shall be conducted on the Ist week of month of May of every

year. The Office Bearers shall consist of President, two Vice Presidents, Secretary, Vice-Secretary, Treasurer and Vice-Treasurer.

ARTICLE V BOARD OF DIRECTORS (GPC) AND BUILDING COMMITTEE SECTION 5.01 A COMPOSITION (Board of Directors):

(1) The day to day management shall done by the Board of Directors (GPC).

The Board shall consist of an odd number of Directors.

(2) The Board of Directors will consist of maximum Eleven (11) members, one

lady member and one Teenage-member (Age between 15 and 18 years on day of nomination) shall be encouraged to join. These members will be selected from

the Trustees and the Congregation.

(3) The number of Directors on the Board of Directors shall not exceed eleven

members.

(4) If the selection process is used, all maximum eleven (11) positions are

available for selection, including positions for ladies and a teenager and future

use, but above condition of (3) still shall apply.

(5) TEENAGERS: There shall be no fee or donation requirements for Teenage

nominee. Maximum term limit for each Teenage-director shall be one year.

(6) SELECTION OF OFFICE BEARERS: In a joint meeting of new Directors

and Trustees, New Directors shall either unanimously selected or elected by voice vote for their all office bearers. If not successful then Trustees same day shall select five officers as the three Op-Sewadars, and Treasurers. Selected

Secretary and Treasurer shall then select their own two assistants from the new Directors same day.

(7) Office bearers shall consist of three Op-Sewadars: one vice-president,

one vice- treasurer, and one vice- Secretary. In addition to these officers the

Board of Directors may also appoint one or two more assistant office bearers for sub committees from the Directors, Total directors not to exceed eleven (11).

There shall be no office for President or Mukh-Sewadar now or in future to allow sharing the responsibility among most of the Directors and to allow bigger and broad role to the Directors (decentralize and empower the real

workers).

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(8) From three Op-Sewadars: One Op-Sewadars shall be in charge of

INTERNAL AFFAIRS (Arrange, plan Akhand and Sehjad Paths, Langar, arrange Jathas, Responsible for Sawari to and from Sangat's Homes, Granthi related

issues etc). Keep and maintain Van for( Sawari) with the consent of Council.

(9) Second Op-Sewadar shall be in charge of EXTERNAL AFFAIRS (Arrange

and work for Gurdwara Nagar Kirtan, arrange and plan, inform for quarterly and annual meetings). In charge of Punjabi Schools, Books, Teachers,

Students, Parents coordination, Picnics, Children Shabads, Teacher helps with the help of Council.

(10) The third Op-Sewadar shall be responsible for MAINTENANCE and Repair

of Gurdwara Sahib's building. He shall work closely with Building Committee. Three Op-Sewadars can form their own functional Sub-Committees to carry out their assigned roles.

(11) On Corporation Bank Accounts two minimum signatures shall be

required to withdraw. Account signatories shall be Treasurer, Secretary and Op-Sewadar in charge of Internal Affairs.

(12) All Op-Sewadars shall share the necessary information among themselves

and other directors, for proper function of the day to day work. Duties can be

shared , exchanged or switched for smooth functions. unnecessary interference

into other's role and criticism should be avoided. Keep the good spirit high. (13) No Director shall remain without duty and responsibility. The Secretary

shall prepare a roster of duties within a month of selection with the consent and acceptance of Directors. If director does not take or seeks Sewa (duty)

within one month from selection, that position shall be deleted and Director terminated or substituted, except in case of illness, absence or any other

reason acceptable to the Board of Directors.

SECTION 5.01 B BUILDING COMMITTEE COMPOSITION, ROLE & RESPONSIBLITIES: (1) Form members and/or congregation (Sangat), a building committee shall

be formed with five qualified members (maximum of seven members), who

should meet the requirements of Section 2.03 (B) of Article II.

(2) Building Committee Members must have the proper knowledge and

experience to properly carry out the technical and financial responsibilities of the design and construction of the Gurdwara-Sahib.

(3) Building Committee shall be independent and equal to the Board of

Directors and responsible to the Sangat (members).

(4) Building Committee shall be dissolved when all the new Building Phases

are constructed and opening ceremony is performed, unless it is necessary and decided by the Trustees to allow them to finish any incomplete work.

(5) Building Committee shall inform the Sangat (members) of the progress and

problems every month or as necessary.

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(6) Expenditure and contracts shall be informed to the Directors in the

meetings.

(7) Board of Directors shall function as advisors, and there shall be free

exchange of information, consultation and discussion on need basis.

(8) No religious qualifications are required to be a member of the Building

Committee, preference is given to technical and applicable knowledge and experience.

(9) Either the same treasurer or Assistant treasurer shall be assigned to this

committee to expedite payments and to avoid delays or late fee charges and

interest. Under no circumstances, situation or at any time, any Building Committee member shall be held liable in court of law for their acts on behalf of the

Gurdwara, Corporation or membership or officers. Corporation and Gurdwara shall defend and indemnify the members as per SECTION 8.07 OF ARTICLE

VIII MISCELLANEOUS.

SECTION 5.02 TERM OF OFFICE: (A) The Directors of the Board of Directors (GPS) shall be selected for a term of

two years, except one year maximum term limit for Teenage-Director. Teenage-

Directors service shall not be counted against them in future, in their adult life. One teenager can serve only one term in his/her teens, to give chance to others.

(B) The terms of the Board of Directors (GPC) shall commence on their

selection as a director, following a selection and shall expire after two years.

(C) After serving two (2) term on the Board of Directors (GPC), a member is

eligible to seek re-nomination after a gap of (4) four-years.

(D) A Director must continue to meet all the eligibility requirements of a

Director during his or her term.

SECTION 5.03 SELECTION OF DIRECTORS (GPC: (A) GENERAL:

1. The Directors of the Board of Directors (GPS) shall be selected every two-

years.

2. The five Board of Directors (GPS) shall be selected from general members

(sangat). The Board of Directors shall have Op-Sewadar, vice-Secretary, vice-Treasurer and other officials as required. The six Board of Directors (GPC) shell

be selected from trustees shall have muku-Sewadar ,Treasurer and Secretary . See Section 5.01 A Composition.

3. The selection process described below and above is designed to give every

member an equal opportunity to serve on the Board of Directors (GPC),

minimize the domination of one group of family, and maintain harmony and to eliminate the influence and interference of the non-members and outsiders.

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(B) ELIGIBILITY REQUIRMENTS FOR THE DIRECTORS: Member (s) seeking nominations to serve on the Board of Directors (GPC) must

meet the following requirements:

1. Must possess the basic understanding of the Non-Profit Corporation laws

and the Director's legal obligation and Responsibilities.

2. Must possess financial management and administrative skills and

experience to manage the affairs of the Corporation.

3. Must be an active or paid member of the Corporation.

4. Must NOT be an active member of other Organizations), Associations),

federation(s) or other organized group(s) with conflicting objectives to this Corporation and Sikh Religion.

5. Must bear a good moral character.

6. Must have signed a pledge to abide by the Corporation by-laws. Take an

oath in presence of Guru Granth Sahib (Holy Book) to upkeep the interest of

Sangat and Gurdwara.

7. Nominees for any positions of Sewadar is open to all and any qualified

member without any discrimination and in the true spirit of Sikhism and under the law of the united States of America and State of California. There

shall be no preference, discrimination or distinction of Amrit-Dhari (5-Ks), or keas Dhari (uncut, un-trimmed hairs and beard), or Shej-Dhari, cast, color,

gender or creed during selection of Sewadars or assigning Sewa, duties, dealings and speech or before Waheguru (God) and should be in accordance of true spirit and teachings of gurus. Any individual who has a complaint or

concern shall bring it to the attention of the Board of Directors, if not satisfied then before Council of Trustees whose decision shall be final and binding.

8. Must meet the requirements of Section 5.02 of this Article.

9. Should know the history and Sikh religion. Discuss and explain or receive

the spiritual knowledge to/from other members.

10. Female members are encouraged, and at least one Director should be a

female member.

11. All requirements of membership will also apply to the Director.

12. Has filed a petition for Nomination on the prescribed forms (Appendix A).

13. Teenage-Director shall meet qualifications of membership as per

SECTION 2.03 ARTICLE II. 14. Only one member from a family (Husband, wife, adult-child) may become a

Director.

15. It's necessary to have and provide following requirements or information

for the nomination of selection for GPC applicants at time of filling and application:

(a) Two Valid Identifications, either Driver License, Passport or any DMV ID recent picture on it.

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(b) Should have any Utilities Bills to prove that applicant is living in San Mateo or San Francisco County at that address for minimum of one year and

actual paying those utility bills. (c) Applicant shall not be involved in any prior legal lawsuit or any other

public nuisance in other Gurdwara sahib. (C) NOMINATION OF DIRECTORS:

(1) The Council of Trustees shall develop a selection calendar. The nomination, review, and selection process must be completed on or before the meeting. The names of the newly selected Directors of the board of Directors shall be

announced at the meeting of the corporation. (2) The Council of Trustees shall explain the selection process and eligibility

requirements to the members and seek nominations for the directors of the Board of Directors. See Section 5.01 A of Article V.

(D) NOTICE OF SELECTION OF DIRECTORS (GPC): Two months before the selection of board of Directors, the council of Trustees

shall provide of post and announce three times in Sangat a notice of the selection of the Directors to the Board of Directors (GPC) along with a nomination form. The notice shall state the name, place and the last date to file

nomination and open positions. (E) SELECTION OF DIRECTORS:

(1) After the closing of nominations the Council of Trustees shall prepare a list of all nominations received up to the closing time.

(2) The Council of Trustees shall screen the nominations based on the eligibility requirements and prepare a list of members who meet all the eligibility requirements specified in Part (B) of this section to become Directors

(GPC). (3) On or before the required meeting the selection committee shall perform ARDAS in front of GURU GRANTH SAHIB and in the presence of members

announce the names of all members who met the eligibility requirements to become Corporation Directors.

(4) First, Council of Trustees shall request the nominated Directors, if any one of them is willing to sacrifice the Nomination by withdrawing for sake of religion and Sangat to preserve the sanctity of Gurdwara, until the nominee number

reduces eleven (11) including one teenager. Names of Nominees, who sacrifice the nomination, will be announced and honored in the Sangat and their

contribution to unity recognized by Sangat. (5) If Nominees do not withdraw and the number still exceeds eleven (11), a ballot Selection by lottery shall be used as follows. Name of the each

candidate’s name written on each separate ballot paper shall be placed in a closed box and mixed thoroughly, and a ballot shall be picked randomly by one child (under the age of seven-years old) from this box till first eleven (11)

members are selected randomly as a lottery system. ( six from trustees and five from congregation ) Rest of declared as selected Directors for the Board.

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Council of Trustees has the right and authority to incur expenses (Maximum $500.00) from Gurdwara funds to hire security for assistance.

(6) Ballots for nominated Directors shall be prepared and kept for record after the nomination date.

(7) Selection shall not be postponed. (8) The council of Trustees shall certify in writing the selection of new Directors of the Board of Directors and that the selection was according to the

Corporation by-laws.

SECTION 5.04 ORGANIZATION MEETING: After the selection/election certificate is received by the council of trustees, the Council of Trustees shall hold a joint meeting of newly selected/elected Directors and the outgoing Directors. The first order for his meeting shall be to

introduce new trustees.

SECTION 5.05 REGULAR MEETING: Regular meetings of the Board of Directors (GPC) shall be held at such time, as decided by the Board of Directors (GPC) and informed to the members by timely manner. All meetings of the Board of Directors (GPC) shall be open to

the members. Also, Council of Trustees can attend all boards meetings.

SECTION 5.06 SPECIAL MEETING: A special meeting of the Board of Directors (GPC) shall be held whenever called

in writing by the Vice-President of the Board of Directors (GPC) or one-third (1/3) Directors of the Board of Directors (GPC). Any and all business may be

transacted at a special meeting.

SECTION 5.07 NOTICE OF REGULAR AND SPECIAL MEETINGS: Notice of all meetings of the Board of Directors (GPC), both regular and special,

shall be given to the Directors in either of the following ways: (A) By mailing a copy of such notice to each Director at least five (5) days prior

to the time arranged for such meeting addressed to them at their address as

it appears on the records. OR

(B) By telephoning such notice to each Director not less than twenty-four (24)

hours prior to the hour arranged for the meeting.

OR

(C) Any other method acceptable to the director(s).

A written record shall be maintained as proof of service. All directors need not be notified by the same method. The certificate of the

secretary or vice-president that prior notice in fact has been given to each

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Director shall be, when approved by the Board of Directors (GPC), conclusive that such notice has been given.

SECTION 5.08 WAIVER OF NOTICE: When all of the directors are present at any Board of Directors (GPC) meeting, however called or noticed, and sign a written consent there to on the record

such meeting, or if the majority of the Directors are present and those who are not present, sign a waiver of notice of such meeting, which waiver is presented

before or after said meeting and made a part of the record of such meeting, the transactions of such meeting are as valid as if made at a meeting regularly called and noticed.

SECTION 5.09 QUORUM OF THE BOARD OF DIRECTORS (GPC): A 3/4 th (minimum of 75%) of the members of the Board of Directors (GPC) shall constitute a quorum of the board of directors at all meetings. Every act or

decision made by a majority of the members at a meeting duly held is the act of the Board of Directors (GPC) unless the law, the Articles of Incorporation of

these by- laws requires a greater majority.

SECTION 5.10 VACANCY: The Board of Directors (GPC) shall have the authority to fill vacancies on an

interim basis (maximum six months) by a vote of a majority of the remaining Directors and by Trustees as provided elsewhere in the by-laws. The interim Directors specified in section 5.03 (B) of this article.

SECTION 5.11 PLACE OF BOARD OF DIRECTORS (GPC) MEETING: The meeting of the Board of Directors (GPC), whether regular or special shall be

held at Gurdwara Sahib.

SECTION 5.12 BUSINESS TO BE TRANSACTED: It shall not be necessary to state in any notice, whether a regular or special

meeting, the nature of the business to be transacted there at, and any business that the Board of Directors (GPC) may have transacted at a regular meeting may be transacted with like effect at a special meeting unless otherwise

provided by these by-laws. Generally the regular order of business of the Board of Directors (GPC) meeting, unless otherwise determined by the Op-Sewadar,

shall be as follows:

(A) Roll Call.

(B) Approval of minutes of previous meeting. (C) Action on matters on written agenda. (D) New business as approved by a majority of the members present at the

meeting. (E) Executive session (if necessary).

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SECTION 5.13 COMMITTEES: The council of Trustees may establish such committees as it may determine

necessary, either from among the Directors of the Board of Directors (GPC) or from congregation, and to refer to such committee such questions as council of Trustees shall determine for investigation, consideration and/or action. The

Op-Sewadars of the GPC in consultation with the Directors and approval of Council of Trustees of the GPC shall name the member of such committee. All

sangat and members are requested to do the Gur-Sewa with Tan Man and Dhan. Directors, trustees or members or committees do not have any exclusive rights to the sewa, their role is of coordination and responsibility. It is good

policy to inform the respective Op- Sewadar first of your sewa plans to avoid any conflict or duplication.

SECTION 5.14 COMPENSATION OF THE DIRECTORS (GPC): The directors (GPC) or any committee appointed by the Board of Directors (GPC) or any member of the Corporation otherwise serving the Corporation at

the request of the Council of Trustees as an officer or otherwise shall receive NO SALARY or any other compensation for their services to the corporation.

SECTION 5.15 LIMITATIONS: Directors serving on the Board of Directors (GPC) must continue to meet all the requirements of Section 5.03 (B) of this Article during his or her term as a Director of the Corporation.

SECTION 5.16 CONDUCT OF MEETING: In the conduct of any and all meetings of the Board of Directors (GPC), the Sikh

religious tradition shall be respected and followed. The Robert’s Rule of Council shall be followed.

SECTION 5.17 VOTING RIGHTS: At the Board of Directors meeting, each Director shall have one vote. Each Op Sewadar shall preside over the Board of Directors meetings alternately in rotation or depending on the issues, with mutual consent.

SECTION 5.18 MANNER OF ACTION: (A)The Board of Directors (GPC) assembled in duly convened meeting shall

act and deliberate as a body and not through individual deliberations. The act of a majority of Directors of the Board of Directors (GPC) present at a meeting, at which a quorum is present, shall be treated as the act of the Board of Directors (GPC).

(B)The decision made by the Board of Directors (GPC) shall be in the form

of written resolutions approved by the minimum ¾ th (75%) vote of the Directors of the Board of Directors (GPC) and signed by the presiding Op-

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Sewadar and the Secretary of the Corporation. A copy of any and all resolution(s) adopted by the Directors (GPC) shall be posted at notice

board within seven (7) days from the date of adoption of such resolution(s) and announced in next Sunday congregation.

(C) All resolutions adopted by Board of Directors shall be subject to member’s comments for fifteen (15) days from the date of posting of a copy

of the resolution to the members on Notice Board. The resolution will become effective only after the approval of Council of Trustees, Fifteen- (15) days comment period.

(D) All resolution(s) and other actions of Board of Directors (GPC) shall be

subject to review by the Council of Trustees.

SECTION 5.19 ATTENDANCE: Failure of any Director of the Board of Directors (GPC) to attend two (2) consecutive meetings of the Board without an excuse acceptable to the Board

of Directors (GPC) or failure of any Director to attend total three (3) meetings of the Board of Directors (GPC) annually without justifiable reason(s) shall cause vacancy on the Board of Directors, and the Director shall be deemed to have

disqualified, unless the Board of Directors (GPC) by (3/4) majority vote expressly waives implementation of this provision. The vacancy created shall

be filled according to Section 5.10 of this article. ARTICLE VI OFFICERS OF THE BOARD OF DIRECTORS (GPC) SECTION 6.01 OFFICERS: The council of Trustees shall select the following officers of the Board of Directors (GPC): Op-Sewadars, a Secretary and a Treasurer. In addition to these officers the Council of Trustees may also appoint one or more additional

Op-Sewadars, Assistant Secretary and Assistant Treasurer Etc. as required.

SECTION 6.02 QUALIFICATIONS FOR THE OFFICERS OF THE BOARD OF DIRECTORS (GPC):

(A) All officers must meet the requirements of Article V. (B) The Op-Sewadars and Secretary of the Board of Directors (GPC) must

have the ability to conduct Board of Directors meetings according to the

corporate procedures and record proceedings according to the state laws and the requirements of USA laws and these By-laws.

(C) The Treasurer must have the basic knowledge and understanding of

accounting procedures and be able to maintain accounts and financial records according to the accepted accounting principles.

SECTION 6.03 TERM OF OFFICE:

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All officers shall serve two (2) year’s term unless they resign, are removed or terminated for other reasons. All officers of the Board of Directors (GPC) shall

serve at the pleasure of the Directors. The Directors by majority may remove any officer(s) from the Board of Directors (GPC) at any time with approval from

Council of Trustees. The Board of Directors (GPC) will inform the Council of any removed member(s) within three days (72 hours) The Director removed from the officer position shall remain an active and voting member of the Board

of Directors, unless removed from the Board of Directors according to Article VII of these by-laws.

SECTION 6.04 POWERS, DUTIES AND LIMITATION OF THE OFFICERS OF THE BOARD OF DIRECTORS (GPC): Subject at all times to be control and the discretion of the members each officer shall have and exercise the following powers and duties:

(A) OP- SEWADAR (Coordinator or lead worker): For details of responsibilities and separation of power see Article V of the by-

laws. The Op-Sewadar shall be the vice- chief executive officer of the Board of Directors (GPC) as per duties prescribed in Article V, and may also be designated by the Board, in its discretion, as the Op-Sewadar, to hold office

at the pleasure of and on the terms and conditions set by the Council of Trustees and execute all documents as may be authorized by the Council of

Trustees. Subject at all times to the control and discretion of the Directors, the Op-Sewadar shall have and exercise the following powers and duties as per as Article V:

1. Shall preside over most of the meetings of the Directors 2. Shall be co-signatory on the operating account of the Corporation. 3. Shall execute documents when authorized by the members.

4. Take an oath in presence of Guru Granth Sahib to execute his/her duties fairly, honestly and hold the interest and trust of Sangat,

Corporation and Gurdwara utmost in his/her dealings and operation. (B) SECRETARY: The SECRETARY shall:

1. Keep a record of the proceedings of the Board and general membership meetings.

2. Keep the corporate seal and affix the seal to all papers requiring a seal, when approved by the council.

3. Take an oath in presence of Guru Granth Sahib to execute his/her duties fairly, honestly and hold the interest and trust of members. Corporation and Gurdwara utmost in his/her dealings.

4. Secretary can have two more Assistant Secretaries, who shall help the Secretary to discharge his duties and represent him and the Gurudwara as and when requested.

(C) TREASURER (Khajanchi):

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1. The TREASURER shall have the responsibility of maintaining complete financial records, which shall accurately reflect the operations of the

Corporation and shall comply with legal requirements. 2. The treasurer shall prepare monthly and annual financial reports (Due

before December 31st of each year), statements and such other statements as the Board may prescribe.

3. Treasurer shall have charge and keep the account, and keep all the

records. Have all records, accounts, cashbook receipts and transactions audited by the Audit Committee in November of every year and present it to the members (Sangat). All Gurdwara funds collected, as daily or

weekly donations shall be deposited in a separate account (GPC Account) and at no time the balance in that account shall be more than $6000.00.

All the excess money shall be given to the Treasurer or Assistant of Council of Trustees for deposit in the Corporate Bank Account.

4. Treasurer shall not keep on hand at any time a sum (petty cash)

exceeding five hundred dollars ($500.00) in cash for the Gurdwara purposes, all sums in excess thereof shall be promptly deposited in the

Gurdwara account. 5. The Treasurer or authorized collector or both must sign all receipts of

donations for income tax deductions.

6. All checks shall be signed by the Treasurer, Op-Sewadar and Secretary, minimum two signatures must be on every check. For details see Article V.

7. Cash payments shall not exceed one hundred dollars ($100.00). Payments in excess thereof shall be made by checks.

8. Treasure can spend One hundred fifty dollars ($150.00), any amount exceeding it shall require Op-Sewadar’s approval. Treasurer shall buy necessary supplies for office.

9. The treasure or his Assistant shall assist and perform his duties with the building Committee to carry out financial responsibilities.

10. Treasurer shall keep written record of all petty and other cash

amount spent from cash on hand. 11. All officers shall perform such other duties as may be prescribed

by the Board of Directors (GPC). 12. Treasurer or other officers shall take an oath in presence of Guru

Granth Sahib to execute his/her duties fairly, honestly and hold the

interest and trust of the Sangat, Corporation and Gurdwara utmost in his/her dealings.

ARTICLE VII REMOVAL AND TERMIANTION

SECTION 7.01 GENERAL: Regardless of cash contribution made and other services rendered by a member. Trustee or Director, he or she may be removed from any organ of the

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Corporation if his/her performance and conduct is not according to the Corporation standards and requirements of these by-laws and against the

interest of the Gurdwara, Sangat or religion as decided by 3/4th (75%) of the Council of Trustee in a duly called special meeting.

SECTION 7.02 TERMINATION OF MEMBERSHIP FROM THE CORPORATION: A membership from the corporation shall terminate upon occurrence of any of the following:

(A) Loss of qualification for membership as provided in Section 2.03 of these by-laws.

(B) Resignation by the member.

(C) By a finding in a meeting a members of Council of Trustees incorporated in a resolution duly adopted at a special meeting duly convened for this purpose by a minimum 3/4th (75%) director and Trustees votes, after a

four-week notice and opportunity to be heard has been given to the adversely affected member(s).

SECTION 7.03 REMOVAL OR EXCUSE OF A TRUSTEE FROM COUNCIL OF TRUSTEES: A Trustee of the Council of Trustee shall be removed from the Council of Trustees upon occurrence of any of the following:

(A) Loss of qualification for membership as provided in Section 2.03 of these by-laws.

(B) Resignation by Trustee.

(C) By a finding in a separate session of Council of Trustees incorporated in a resolution duly adopted at a special meetings duly convened for this

purpose by a minimum 3/4th (75%) Director votes and Unanimous consent of remaining trustees. A four- week notice and opportunity to be heard shall be given to the adversely affected trustee.

SECTION 7.04 REMOVAL OF A DIRECTOR FROM THE BOARD OF DIRECTORS (GPC): A member shall be removed from the Board of Directors upon occurrence of any of the following:

(A) Loss of qualification for membership as provided in Section 2.03 of

these by-laws. (B) Resignation by the director. Failure to carryout assigned duties.

Director is absent from three consecutive meetings.

(C) Failure to meet the attendance requirements as specified in Section 5.19 of these by-laws.

(D) By a finding in a separate session of Council of Trustees incorporated in a resolution duly adopted at a special meetings duly convened for this purpose by a minimum 3/4th (75%) director votes and unanimous

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consent of remaining Trustees. A four-week notice and opportunity to be heard shall be given to the adversely affected Trustee.

ARTICLE VIII MISCELLANEOOUS SECTION 8.01 BUDGET: The Budget and Finance Committee with the consent of other members of Council of Trustees shall prepare the annual budget of the Corporation and

after scrutiny by the Council of Trustees; the budget shall be submitted to the congregation (Sangat) for approval at its annual meeting.

SECTION 8.02 ACCOUNTING AND AUDITING: (A) The generally accepted accounting procedures for handling public funds

shall be applied to the funds of the Corporation.

(B) The Council of Trustees may set up additional control mechanisms and checks to effectively monitor the financial transactions of the Corporation.

(C) Funds may be kept in checking or savings accounts to ensure ready availability of cash to cover expenses and to take advantage of higher

rates of income on longer-term deposits. (D) All accounts of the Corporation shall be audited annually by an

independent auditor. The audit report shall be presented to the

members as soon as an auditor makes the report available. (E) Trustees should check, Verify, Audit accounts, verify Expenses/Balance

on every quarterly basis and as on need basis and announce to the

Sangat their findings. These are not annual or CPA audits. There shall be no fees for such acts as it is part of Trustees normal duties.

(F) All the Funds collected and or donated by or from the Sangat shall be deposited in the Building Funds Account, which will be maintained by Council or Trustees. As of end the year if the operating account has

surplus money, it shall be deposited in the Building Funds Account.

SECTION 8.03 BANK ACCOUNT: (1) The corporation is authorized to establish Bank Accounts and saving at

U S Bank of So. San Francisco Bank accounts shall be maintained in the name of the Corporation at the principal place of business.

(2) The designated members of Council of Trustees shall be empowered to sign checks and other bank documents of behalf of the Corporation. At least two signatures must appear on each check.

(3) See Article VI Section-6.04 for check amount and bank account balance limits. Only one check shall be written for the same purpose.

(4) The Treasurer of COT shall prepare a quarterly income and expense statement and post a copy on the Corporation bulletin board. The Treasurer of COT shall also present this report to the congregation

(Sangat) and Trustees at quarterly meetings.

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(5) The authority to sign checks and other bank papers on behalf of the Corporation is given with the condition that it shall be exercised only

according to the Corporation by-laws. (6) The authorized individuals are not authorized to release any Corporation

funds until they have received a written authorization from the appropriate body that has the authority to approve such expenses in accordance, with ARTICLE III, SECTION 3.04 of these by-laws.

(7) Person(s) signing a check for unauthorized purposes shall be personally liable for his/her their actions.

(8) Board of Directors shall have CPA Audits every six months and provide

the report of the findings to the Sangat and Trustees.

SECTION 8.04 FISCAL YEAR: The fiscal year of the Corporation shall be the calendar year, May 1 to April 30, both days inclusive.

SECTION 8.05 RELIGIOUS PRACTICES AND USE OF GURDWARA SAHIB STAGE:

(1) The Board of (GPC) with the approval of Council of Trustees shall ensure that the use of the GURUDWARA remises and all religious activities of the GURUDWARA are in keeping with the SIKH religion, and its customs,

traditions and practices. (2) The GURUDWARA religious activities shall be open to all the persons

who conduct themselves in a civilized, peaceful, and orderly manner. In

case of any doubt or difference of opinion about a religious practice or custom or tradition, the Board shall first refer to REHAT MARYADA (A

Guide to Sikh Way of Life) for guidance. The decision of Council of Trustees will be final. All efforts shall be made not to politicize and use constraint and avoid hurting the sentiments of Sangat, Nimarta, Bhavna,

and conciliation for the good of the greater majority should be a guide in such matters. Nobody shall be allowed to criticized or put down other

religious and any person. The Gurdwara stage shall only be used for religious purpose. All speaker(s) must sign a consent form (Appendix B) to adhere to this requirement.

(3) The decision of Council of Trustees shall be final and binding on management and members.

(4) The Board of Directors (GPC) in conjunction with Council of Trustees

shall ensure that the GURUDWARA SAHIB’s stage is only used by authorized individual and only for the religious purposes, with exception

approved by the Board of Directors (GPC) and Council of Trustees in advance of any event/speech.

SECTION 8.06 AMENDMENTS TO THESE BY-LAWS: These by-laws may be amended or changed only at a duly convened SPECIAL meeting of the Council of Trustees (Corporation members) by the affirmative

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vote of minimum 3/4th (75%) of the eligible members of Council of Trustees present at the meeting. All the members shall be present at this special

meeting for amending or changing these By-laws. A written record of all votes’ caste in favor and against the amendment must be kept and made a

permanent record of the Corporation.

SECTION 8.07 INDEMNIFICATION OF TRUSTEES, MEMBERS, OFFICERS BUILDING COMMITTEE MEMBER AND DIRECTORS: Each trustee, member, official, employee, building committee member and

Director shall be indemnified by the Corporation against all liabilities arising out of any action, suit or proceeding in which he/she may become involved or to which he/she may be made a party because of his/her being or having been

a Trustee, member or Director or Building Committee member, whether or not he/she continues to be a Trustee, member, official, employee, building committee member or Director at the time of incurring such liability, costs and

expenses.

SECTION 8.08 ASSESTS AND LIABILITIES: The council of Trustees shall administer the assets and liabilities of the

Corporation. All legal documents and loan documents shall be kept in the bank safe or any other safe and secure place decided by the Council of Trustees.

SECTION 8.09 TRANSFER OF RECORDS: All retiring members of the Board of Directors (GPC) and Council of Trustees must complete the transfer of all the records in the name of the newly selected members of the Board of Directors no later than ten (10) days from the date of

expiration of their term or termination of their services. Member(s) shall be personally liable for any losses suffered by the Corporation due to delay in the

transfer of Corporation records, books, account(s) etc.

SECTION 8.10 ANNUAL STATEMENT: The Secretary shall file an annual statement with the Secretary of State for the

State of California. The due date for the annual statement is the last date of this month in which the Corporation was originally incorporated.

SECTION 8.11 FREE KITCHEN (LANGAR): It shall be the policy of the Corporation to maintain LANGAR service according to the Sikh traditions. The Langar sewa shall be supported by the donations of

its members. Langar shall be as per Sikh religious practice of Pangat. THE LANGAR HALL shall have Langar seating on the floor in Pangat . Corporation shall comply with Federal HAD requirements. No one shall force

his or her will on any other member or Sangat. Any Board, Council of Trustees or the congregation (Sangat) shall not amend this Article.

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SECTION 8.12 CORPORATION SEAL: The Council of Trustees shall provide a corporate seal, which shall have inscribed thereon the name of this Corporation, the date of its Incorporation,

and the word “California”. The Secretary shall have the custody of the corporate seal.

SECTION 8.13 DISSOLUTION: In the event of dissolution of this Corporation, all the assets of this Corporation are irrevocably dedicated to the Sikh Religious purpose and no part of the net

income or assets of this corporation shall ever inure to the benefit of any Director, Officer, and member thereof to the benefit of any private person. Upon dissolution or winding up of the Corporation, its assets remaining after

payment, or provision for payment, of all debts, loans, any liens and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for Sikh religious

purposes and which has established its exempt status under section 501 © (3)of the Internal Revenue Code.

Followings are names and signatures of persons (council of Trustees) approving the by laws and articles of incorporation of "Sikh Gurdwara Sahib SF" under penalty of perjury:

Sarbjot Singh Ghotra: Signature____________________________________Date___________________________

Jagpal Singh: Signature____________________________________Date___________________________

Harjit Singh:

Signature____________________________________Date___________________________

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APPENDIX A NOTICE OF NOMINATION FOR DIRECTOR AND NOMINATION PETITION The Corporation’s Board of Directors selection/election this year will be held on month of …….

2013 at Sikh Gurdwara Sahib SF. The nomination petition below must be completed and

received by the election committee no later than 3:00 PM in month of………2013.

NOMINATION PETITION FOR DIRECTOR WE NOMINATE_______________________ ____________________ ______________ (Please print) First Name Middle Name Last Name Address of Nominee: __________________________________________________________ Telephone Number: ___________________________________________________________ NOTE: You are a Nominee. You cannot nominate yourself. Members are petitioners. A member

cannot nominate more than one, this will cause both nominations to be invalid due to conflict,

so check with the members first. Please completely fill this petition form. Have at least five (5)

members (petitioner) nominate you by their signatures below. Each petitioner must give a valid

different reason below, why the Nominee is qualified and what kind of service the Nominee

will perform for the Sangat and Gurdwara? Nominee should attach a proper check with

petition form for petition to be considered. All donations are non-refundable whether the

nominee is successful or not. See Selection 5.03 of Article V of the By-Laws. Please make

yourself knowledgeable about your rights, responsibilities, roles, selection/election process and

By-Laws.

(1) Petitioner Name (Print)_________________ Signature with date__________ Tel #:_____________________ Give reason for Nomination:____________________________________________ (2) Petitioner Name (Print)_________________ Signature with date__________ Tel #:_____________________ Give reason for Nomination:____________________________________________

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(3) Petitioner Name (Print)_________________ Signature with date__________ Tel #:_____________________ Give reason for Nomination:____________________________________________ (4) Petitioner Name (Print)_________________ Signature with date__________ Tel #:_____________________ Give reason for Nomination:____________________________________________ (5) Petitioner Name (Print)_________________ Signature with date__________ Tel #:_____________________

Please give reason why you are recommending Nominee:___________________________________ NOMINEE CERTIFICATION: if selected, I hereby agree to serve honestly and to best of my abilities. All my services will be on a volunteer basis. I pledge to abide by the Articles of Incorporation, By-Laws and rules and regulations of the Corporation now in force and hereafter adopted. I understand the donation is nonrefundable, incomplete petition form can be rejected, and Selection Committee’s decisions shall be final and binding. Director Nominee’s Signature:_______________________________].________________

APPENDIX B CONSENT FROM (SPEAKERS)

I _____________________________ shall not speak against any other religion, person,

country or a political group. All of my speech will be related to the religious topic for

which I have taken the permission to speak.

Description of Topic:

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If I do not abide by this consent, I shall be removed from the stage immediately.

Secretary________________________ Name of Speaker:

President________________________ Signature: _________________________

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