MEMORANDUM OF ASSOCIATION OF ASSOCIATION OF PRIVATE DETECTIVES AND INVESTIGATORS
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1 MEMORANDUM OF ASSOCIATION OF ASSOCIATION OF PRIVATE DETECTIVES AND INVESTIGATORS 1. NAME OF SOCIETY : The name of the Society shall be ASSOCIATION OF PRIVATE DETECTIVES AND INVESTIGATORS. 2. REGISTERED OFFICE : The registered Office of the Society - 276, Sultan Sadan, West End Marg, Lane No. 3, Saidullajab, New Delhi OBJECTS : The objects for which the society is established are: (a) To work for the welfare of private detectives operating in India. (b) To conduct educational programmes for enhancement of professional capabilities of private detectives. (c) To organize conferences and seminars for the development of the profession of private investigation in India. (d) To build institutions to impart education in the field of investigations of all nature and types. (e) To promote sense of nationalism among the fellow members. (f) To institute awards for the private detectives on achieving excellence in profession. (g) To develop liaison with state and central government for the general welfare of private detectives. (1)
2 (h) To establish and run Educational Institutions,Vocational/Professional/ Technical and/or Academic Institutions,Schools, Libraries, Hostels, Hospitals, Nursing homes, Guest houses, Boarding homes, Banquet Hall and other community services. (i) To acquire any movable and immovable property to attain its objectives. (j) To take over/hand over and/or collaborate with the management of any other society working in the same field in total and/or in a particular project and the properties achieved thereto. (k) To publish books and other literature and arrange speeches of eminent and learned scholars. (i) To receive or give grants in aid and other financial assistance to establish, support, acquire, construct, collaborate and run the institutions and objectives of the society. (m) To run and establish the activities in the interest of the public in general and the poor and the weaker sections in particular. (n) To encourage studies in modern Indian languages as well as some other foreign languages of international importance. (o) To arrange loans from patrons, well-wishers, national/private banks and public organizations for the benefits of schools and hostels. (p) To utilize and apply all the incomes, earnings, movable or immovable properties of the society towards the promotion of its aims and objects set forth in the Memorandum of Association and no profit arising thereof shall be paid or transferred directly or indirectly by way of dividend, bonus, profit or in any manner whatsoever, to the present or the past members of the society, or to any person claiming through any one or more of the present or past members. No member of the Society shall have any personal claim on any movable or immovable properties of the society or make any profits whatsoever, by virtue of his membership. (2)
3 3. GOVERNING BODY: The names, Addresses, Occupation and Designations of present members of the Governing Body, to whom the management of the Affairs of the Society are entrusted as required under Section 2 of the Societies Registration Act. XXI of 1860 (Punjab Amendment Act 1957) as extended to the National Capital Territory of Delhi are as follows: Sl. No. Name Residential Address Occupation Designation Signature 1. Kunwar Vikram Singh S/o Late Shri VP Singh P 6/6 DLF City Ph II Gurgaon Haryana Chairman Mr. Subhash Wadhawan S/o Late Shri G L Wadhawan V 12/32, DLF City phase III, Gurgaon Vice Chairman Mr. Sachit Kumar S-237, Panchsheel Park, New Delhi Vice Chairman Mr. Mahesh Sharma D-80, East of Kailash New Delhi Secretary General Mr. Ajit Singh E-2/89, Chanakya Place Pankha Road, New Delhi - 59 Treasurer Mr. Mangat Bansal A-10, Nightingale Apartments D Block, Vikas Puri, New Delhi Member... (3)
4 5. We, the undersigned are desirous of forming a society named ASSOCIATION OF PRIVATE DETECTIVES AND INVESTIGATORS under the Societies Registration Act XXI of 1860 (Punjab Amendment Act 1957) as extended to the National Capital Territory of Delhi in pursuance of this Memorandum of Association: Sl. No. Name Father s Name & Residential Address Occupation Signature 1. Kunwar Vikram Singh S/o Late Shri VP Singh P 6/6 DLF City Ph II Gurgaon Haryana 2. Mr. Subhash Wadhawan S/o Late Shri G L Wadhawan V 12/32, DLF City phase III, Gurgaon Mr. Sachit Kumar S/o Late Shri Prem Kumar S 237, Panchsheel Park New Delhi 4. Mr. R. K. Sinha S/o Late Shri SP Sinha Annpurna Bhavna Telephone Exchange Road, Kurgi, Patna Mr. VK Cholan S/o Shri K Venkattam 5/168, Defence Officer Colony Ekkaduthangal, Chennai Mr. Ravindranath S/o Late Shri TP Gopala Menon Flat-# E-101, Deja View Homes CV Raman Nagar Port, Bangalore Mr. S. R. Chauhan S/o Late Sh. Balkishan Chauhan 7, Goyal Intercity Row House Driving Road, Ahmedabad Capt Bharat Prakash S/o Late Shri Krishna Lal Sharma Flat-8, Plot-91, Block D, Banger Avenue, Kolkata Mr. Mahesh Sharma S/o Late Shri HB Sharma D-80, East of Kailash New Delhi Mr. Ajit Singh S/o Shri Tara Chand E-2/89, Chanakya Place Pankha Road, New Delhi Mr. Mangat Bansal S/o Shri Kasturi Lal Bansal A-10, Nightingale Apartments D Block, Vikas Puri, New Delhi 12. Dr. Diwan Rahul Nanda Nanda Villa, Bungalow#B-14, Magnum Towers, Lokhandwal Complex, Adheri ( W) Mumbai (4)
5 RULES AND REGULATIONS OF ASSOCIATION OF PRIVATE DETECTIVES AND INVESTIGATORS 1. INSTITUTIONS UNDER THE CONTROL OF THE SOCIETY: ASSOCIATION OF PRIVATE DETECTIVES AND INVESTIGATORS 2. PROPERTIES: Immovable and movable properties such as funds, Government and other Society's buildings, furniture, equipments, accessories etc. of the Society and of the institutions under its control shall vest in and be under the control of the Governing Body of the Society. 3. MEMBERSHIP: Any person of the age of 18 years or above can become a member of the society on the acceptance of his application by the Governing Body. If the Society does not allow the membership to any applicant, the society will intimate to the applicant in written with reasons 4. CATEGORY OF MEMBERS: a) ORDINARY MEMBERS : Those who subscribe Rs. 100/- or more per month. b) LIFE MEMBERS : Those who subscribe Rs. 11,000/- or more. c) PATRONS : Those who subscribe Rs. 51,000/- or more at a time. d) HONORARY MEMBERS : Persons so nominated by the governing body. An Honorary member shall remain a member for the period for which he has been nominated. 5. MEMBERSHIP REGISTER: The society shall keep a register of all its members containing their names, occupation, address and designations. This register shall be up dated from time to time. If society do not allow membership to any applicant, the society will intimate to the applicant in written with reasons. (5)
6 6. CEASATION OF MEMBERSHIP: A member shall cease to be member of the society on the following events: If he/she dies, resigns, becomes of unsound mind, becomes insolvent or is convicted of criminal offences involving moral turpitude and in case of associations, on liquidations or cancellations of the registration or non payment of subscription for more than 3 months from due date. The reasons for cessations of membership shall be communicated to the member concerned in writing. 7. REMOVAL OF MEMBERS: If a member conducts himself in such a manner, which, in the opinion of the committee is unbecoming to a member of the society or detrimental to its interest, on the recommendation of the managing committee and acceptance of the same by the society, his name shall be removed from the list of the members. 8. READMISSION OF MEMBERS: The removed member shall be eligible for readmission on a fresh application subject to approval of the managing committee. The reasons for refusal shall be intimated. GENERAL MEETING: 9. The General Meeting of the society shall be held at least once a year. A general meeting shall also be called on the requisition of 7 members of the Board. 10. The notice of General Meeting shall be issued at least 5 days prior to the date on which a meeting is proposed to be held. Notice issued under postal certificate will be deemed sufficient. An emergent meeting can be called by issuing notice of 48 hours. 11. The quorum of the general meeting shall be 1/3(one-thirds) of the total number of members of the society. In case the quorum is not complete, the meeting shall be adjourned to any other date. An adjourned meeting shall be held to consider the same agenda and no quorum shall be necessary for such meeting. A notice shall however be issued for such a meeting. (6)
7 12. Power, Duties & Functions of the General Body: A) The following agenda will be placed for the consideration of the Society: (i) (ii) To pass the accounts and committee's report for the previous year ending 31st March. To elect the Chairman, Vice Chairman, General Secretary, Secretary, treasurer and other members of the Managing Committee. (iii) To appoint the auditors and to fix their remuneration. (iv) To dispose off any other business brought before the meeting of which not less than 5 days notice shall have been given or which may be admitted by the chairman. B) The general meeting on the recommendation of the governing body may remove any person from the membership of the society for any special reason. 13. On expiry of 3 years, a General Meeting shall be called to elect members of the Governing Body. 14. GOVERNING BODY: To manage the affairs of the society, there shall be a governing body and it will consist of:- 1. Chairman.1 2. Vice-Chairman 2 3. General Secretary.1 4. Secretary.1 5. Treasurer.1 6. Member /3rd (one third) Strength of the governing body shall form the quorum for the meeting and at least 3(three) days notice would be necessary. The meeting shall be quarterly, i.e., at least one meeting in each quarter. 16. In case the seat of office-bearers or a member of the governing body falls vacant, the Governing Body shall be authorized to fill the vacancy. 17. The meeting of the Governing Body shall be called by the General Secretary or the Chairman of the Society on the request of the one third of the strength of the Governing Body or as decided by the Governing Body on its last meeting at a time, place and date decided by it on its last meeting. (7)
8 18. FUNCTIONS OF THE GOVERNING BODY: i. To make efficient management for the fulfillment of aims and objects of the Board. ii. iii. iv. The collection of funds for running the institutions. The realization of the income, grant-in-aid and donations and granting of receipts and passing of budgets and incurring necessary expenses. To take building on lease for use of institutions v. To make all the efforts for betterment of the institutions vi. vii. To operate bank account on behalf of the Society To deposit money with banks or financial institutions and to arrange funds and loans etc. for the Society from banks, financial institutions or private persons. viii. To constitute Separate Managing Committee for each institution. ix. All the above are by way of example and do not limit, in any manner, the power of the governing body for doing all the sorts of acts to achieve the aims and objects of the Society. 19. It shall be the duty of all the members of the governing body to take interest in the activities of the Board to render assistance to office bearers in order to carry on work efficiently and smoothly and to consider the meeting of the Governing Body as essential and attend the same. 20. In case a member of the governing body absents himself from four meeting continuously without unavoidable circumstances, the Governing Body may remove him from membership and appoint another person in his place. 21. SUB COMMITTEE: The Governing Body will have the power to appoint separate managing committees to manage the affairs of each institution run by the society, which shall be constituted according to the requirement of the concerned education or other department. The chairman of the society shall be the ex-officio member of each managing committee and other representative of the society shall be elected in a meeting of the governing body of its members. (8)
9 22. DUTIES OF THE OFFICE BEARERS OF THE SOCIETY: The office bearers collectively shall enjoy all the powers as conferred upon the governing body. They are bound to work cohesively and consistently to their best sincerity and ability, entirely in the interest of the society. However, the specific duties of each member of the governing body would be as under: 23. CHAIRMAN: The Chairman shall look in to the functioning of the society for implementation of the objects of the society. He will preside over the meetings of the governing body/ general body. He will operate the accounts of the society and institutions, managed by the society and keep the finance of the society on a sound footing and will correspond with Directorate of Education, Financial Institutions and all other concerned departments. 24. VICE CHAIRMAN: He will assist the Chairman and shall preside over the meeting in the absence of the Chairman. 25. GENERAL SECRETARY: He will be in charge of day to day affairs of the society. He will work for furtherance of the aims and objects of the society as per the guidance of the governing body/ general body. He will arrange the meetings of the governing body/ general body and entail them on the activities of the society. He will also maintain the minutes/ registers. 26. SECRETARY: He will propagate the aims and objectives of the Society and establish contact with different authorities for the fulfillment of society's aims and objectives. He will also assist the General Secretary in the discharge of his duties and act as General Secretary in his absence. 27. TREASURER: He will maintain the Society's Books of Accounts and place the same before the Governing Body/ General Body whenever required. He will arrange auditing of the Accounts. (9)
10 28. SOURCE OF INCOME AND UTILISATION OF FUNDS: Income shall consist of membership subscription and donation from members and general public and excess of income from its activities, if any. The funds shall be utilized towards the attainments and promotion of its aims and objectives. 29. AUDIT OF ACCOUNTS: The accounts of the Society shall be audited at least once a year by the auditors appointed by the general body. 30. FINANCIAL YEAR: The financial year of the society shall be from 1st April to 31st March every year. 31. OPERATION OF BANK ACCOUNT: The Bank Accounts of the Society shall be operated by any of the office bearers who are specifically authorized by the governing body. 32. ANNUAL LIST OF MANAGING/ GOVERNING BODY (SECTION 4): Once in every year a list of the office bearers and members of the Governing Body of the Society shall be filed with the Registrar of the Society, Delhi as required under Section 4 of the Society Registration Act, 1860, as applicable to the National Capital Territory of Delhi. 33. LEGAL PROCEEDINGS (SECTION 6): The society may sue or be sued in the name of the Chairman, Secretary as per the provisions laid down under section 6 of the Societies Registration Act, 1860, as applicable to the National Capital Territory Delhi. 34. AMENDMENT (SECTION 12 & 12A): Any amendment in the Memorandum of the Society or the Rules and Regulations will be carried out in accordance with the procedures laid down under Section 12 and 12A of the Societies Registration Act, 1860, as applicable to the National Capital Territory Delhi. (10)
11 35. DISSOLUTION AND ADJUSTMENT OF AFFAIRS (SECTION 13 & 14): If the Society needs to be dissolved, it shall be dissolved as per the provisions laid down under section 13 & 14 of the Societies Registration Act, 1860, as applicable to the National Capital Territory Delhi. 36. APPLICATION OF THE ACT: All the provisions under all the sections of the Societies Registration Act, 1860, as applicable to the National Capital Territory Delhi will apply to this society. 37. ELECTIONS:- Elections for President shall be held once a year during the Annual General Meeting or in between, if the post of President should fall vacant due to resignation, death or call for removal by more than 75% vote of existing members. Election shall be by secret ballot and shall be taken by those present, and by postal ballot, in advance, by those who shall not be able to be present. Election results shall be announced at the same Annual General Meeting. Certified that this is the correct copy of the Rules and Regulations of the society. Mahesh C. Sharma Secretary General Kunwar Vikram Singh Chairman (11)
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