Proposed Amendments to Rules & Regulations of EPILPA Association Memorandum of Association

Transcription

1 Proposed Amendments to Rules & Regulations of EPILPA Association Memorandum of Association Sr. No. Existing Rules 1 Name of the Association shall be : E.S.I., P.F. and other Industrial Law Practitioners Association, Bombay Sr. No. 1 st Amended/Approved rules as per AGM PRELIMINARY Name of the Association shall be E.S.I., P.F. and other Industrial Law Practitioners Association. 2 Office Office 2 Office Sr. No. 2 nd Amendment proposed Remarks 1 Name of the Association shall be E.S.I., P.F. and other Industrial Law Practitioners Association. No change Office of the Association shall be situated in Bombay at address given below or any other place as may be decided by the Managing Committee from time to time 16, Star Trade Centre, First Floor, Sodawala Lane, Off.S.V.Road, Borivali (East), Bombay Office of the Association shall be situated in Mumbai at address given below or any other place as may be decided by the Managing Committee from time to time A-501, Shiv Hara, Carter Road No. 2, Borivali (East), Mumbai Office of the Association shall be situated in Mumbai at address given below or any other place as may be decided by the Managing Committee from time to time Registered office Address A-501, Shiv Hara, Carter Road No. 2, Borivali (East), Mumbai Amendme nt Administrative office Address Aravalli Business Centre, 5 th Floor,R.C.Patel Road, Borivali (West), Mumbai YEAR :- YEAR :- Year of the Association shall be the period of twelve Months Commencing from the 1st April and ending on the 31st March each year. Year of the Association shall be the period of twelve Months Commencing from the 1st April and ending on the 31st March each year. No change 1

2 4 AREA OF OPERATION :- AREA OF OPERATION :- AREA OF OPERATION :- Area of Operation shall at present be Bombay/Greater Bombay and adjacent districts that is Thane, Raigad and shall be extended to other areas as per necessity. Area of Operation shall be Maharashtra and its adjacent state viz Andhra Pradesh, Goa, Gujrat, Karnataka & Madhya Pradesh and shall be extended to other states as and when necessary. Area of Operation shall be whole of India Amendme nt 5 INCORPORATION OF THE ASSOCIATION :- INCORPORATION OF THE ASSOCIATION :- No change The registration of the Association shall render it a body corporate by name under which it is registered with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted. The registration of the Association shall render it a body corporate by name under which it is registered with perpetual succession and common seal and with power to acquire, hold and dispose of the property, to enter into contracts and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted. The Common seal of the Association shall be in safe custody of the Chairman & General Secretary and shall be used under authority by means of resolution of the Committee. The Common seal of the Association shall be in safe custody of the Chairman & General Secretary and shall be used under authority by means of resolution of the Committee. The Association shall have a charge on the Assets, Property, as and when acquired at present or in future and upon any profit, dividend, bonus etc. received by the Association shall have the charge and be added in assets. The Association shall have a charge on the Assets, Property, as and when acquired at present or in future and upon any profit, dividend, bonus etc. received by the Association shall have the charge and be added in assets. AIMS & OBJECTS 6. a To unite and organize the persons engaged exclusively in the practice/consultancy of Employees' State Insurance, Provident To unite and organize the persons engaged exclusively in the practice/consultancy of Employees' State Insurance, Provident 2

3 b c d e f g h i j Fund and other Industrial Laws and to initiate steps to uphold their honour, dignity and independence. To render services to the clients of members without interfering and intercepting the interest of the fellow members of the Association To promote and propagate the interests of the Association. To generate funds for furtherance of the cause of the Associations. To associate/affiliate, wherever necessary, with organizations having similar aims & objects. To secure recognition for its members as independent agents of clients on authorisation. To make efforts for procuring relief and better as well as equitable treatment to Factories / Establishments in general and the practitioners in particular. To present the views of the Association and if necessary nominate delegations. To act and advise the clients of members with legal perspective in the interest of members in co-ordination, co-operation and in consonance with the concerned authorities. To maintain harmony, understanding and brotherhood amongst the members of the Association. Fund and other Industrial Law and to initiate steps to uphold their honour, dignity and independence. To render services to the clients of members without interfering and intercepting the interest of the fellow members of the Association To promote and propagate the interest of the Association. To generate funds for furtherance of the cause of the Association. To associate/affiliate, wherever necessary, with organizations having similar aims & objects. To secure recognition for its members as independent agents of clients on authorisation. To make efforts for procuring relief and better as well as equitable treatment to Factories / Establishments in general and the practitioners in particular. To present the views of the Association and if necessary nominate delegations. To act and advise the clients of members with legal perspective in the interest of members in co-ordination, co-operation and in consonance with the concerned authorities. To maintain harmony, understanding and brotherhood amongst the members of the Association. k To hold conferences, seminars, symposia To hold conferences, seminars, symposia 3

4 l m n o etc. on the subjects and spread knowledge and experience in the field of working areas. To establish the library on the subjects for the common interest of the members. To undertake study/research and request the Authorities the means and remedies in removing anomalies, if found. To invest and/or utilize the funds for better returns, to make the Association financially viable and progressive. To generate the fund by publication of literature, sale of stationery, conducting classes and/or other means such as accepting donations etc. etc. on the subjects and spread knowledge and experience in the field of working areas. To establish the library on the subjects for the common interest of the members. To undertake study/research and request the Authorities the means and remedies in removing anomalies, if found. To invest and/or utilize the funds for better returns, to make the Association financially viable and progressive. To generate the fund by publication of literature, sale of stationery, conducting classes and/or other means such as accepting donations etc. p To do all lawful acts deeds or things as are incidental or conducive to the attainment of above aims & objects. To do all lawful acts deeds or things as are incidental or conducive to the attainment of above aims & objects. q To promote better industrial relations. To promote better industrial relations. MEMBERSHIP 7 MEMBERSHIP & CLASSES : MEMBERSHIP & CLASSES : No change "Member" means a person, who is exclusively practising vis-a-vis consultancy prominently in the subjects of Employees' State Insurance, Provident Fund, other Industrial Law and related matters and includes Associate and Honorary Members. "Member" means a person, who is exclusively practising vis-a-vis consultancy prominently in the subjects of Employees' State Insurance, Provident Fund, other Industrial Law and related matters and includes Associate and Honorary Members. 8 CLASS OF MEMBERS :- CLASS OF MEMBERS :- 4

5 There shall be following classes of Members of Association. There shall be following classes of Members of Association. A FOUNDER MEMBERS : FOUNDER MEMBERS : No change A person who is exclusively practising vis-a-vis consultancy prominently in subject of Employee's State Insurance, Provident fund, Other Industrial Law and related matters and who is as per Register of Members enrolled as member on or before 28th Feb., 1995 should be called Founder Member. A person who is exclusively practising visa-vis consultancy prominently in subject of Employee's State Insurance, Provident fund, Other Industrial Law and related matters and who is as per Register of Members enrolled as member on or before 28th Feb., 1995 should be called Founder Member. B HONORARY MEMBERS : HONORARY MEMBERS : No change Any individual distinguished for public service or for any eminence or interested in the aim & objects of the Association may be nominated as a Honorary Member of the Association at a General Meeting of the Association by a majority of two-thirds of the members presents. Any individual distinguished for public service or for any eminence or interested in the aim & objects of the Association may be nominated as a Honorary Member of the Association at a General Meeting of the Association by a majority of two-thirds of the members presents. C ORDINARY MEMBERS ORDINARY MEMBERS No change A person who is exclusively practising visa-vis consultancy, prominently in subjects of Employees' State Insurance, Provident fund, Other Industrial Law and related matter and who is as per register of members enrolled as member after 28th Feb should be called Ordinary Member. A person who is exclusively practising visa-vis consultancy, prominently in subjects of Employees' State Insurance, Provident fund, Other Industrial Law and related matter and who is as per register of members enrolled as member after 28th Feb should be called Ordinary Member. Any new entrant on application for membership and subject to approval of the Managing committee be admitted as ordinary member. D ASSOCIATE MEMBERS : ASSOCIATE MEMBERS : No change 5

6 Any Association or Body of Employers and any employer in relation to Industrial undertaking or commercial establishment including a corporate body other than Managing agency and Central Federal Organization of trade union shall be entitled to be enrolled as an Associate Member of association upon payment of prescribed fees and upon his or its application for enrollment being accepted by Association. Every Associate Member shall be entitled to appoint a person to act as his or its nominee for every financial year. Any Association or Body of Employers and any employer in relation to Industrial undertaking or commercial establishment including a corporate body other than Managing agency and Central Federal Organization of trade union shall be entitled to be enrolled as an Associate Member of association upon his or its application for enrollment being accepted by Managing Committee. Every Associate Member shall be entitled to appoint a person to act as his or its nominee for every financial year. E LIFE MEMBERS : No change A person who is exclusively practising visa-vis consultancy, prominently in subjects of Employees' State Insurance, Provident fund, Other Industrial Law and related matters, may on application to and subject to the approval by the Managing Committee of the Association, be admitted as a Life Member. 9 RIGHTS OF MEMBERS :- RIGHTS OF MEMBERS :- No change a b A Founder/ Ordinary member shall have a right to attend General Meeting of Association, shall have a right to stand for election/nomination on Managing Committee or represent on behalf of the Association etc. and shall have a right to vote in case of election, subject to Article 11. An Honorary Member & Associate Member shall have a right to attend a A Founder/ Ordinary member shall have a right to attend General Meeting of Association, shall have a right to stand for election/nomination on Managing Committee or represent on behalf of the Association etc. and shall have a right to vote in case of election, subject to Article 11. An Honorary Member & Associate Member shall have a right to attend a 6

7 General Meeting of the Association but shall have no right to elect, get elected, or vote at the meeting of the General Body. General Meeting of the Association but shall have no right to elect, get elected, or vote at the meeting of the General Body. 10 MEMBERSHIP FEES :- MEMBERSHIP FEES :- 10 MEMBERSHIP FEES :- A ADMISSION FEES : ADMISSION FEES : A ADMISSION FEES : Amendme nt Admission Fee of Rs. 250/- (Rupees Two Hundred Fifty Only) per Member is applicable to all categories of Membership except Honorary Members. Admission Fee of Rs. 500/- (Rupees Five Hundred Only) per Member is applicable to all categories of Membership A Non-refundable admission Fee of Rs. 500/- (Rupees Five Hundred Only) per Member is applicable to all categories of Membership. B ANNUAL FEES : ANNUAL FEES : ANNUAL FEES : Amendme nt Subject to the conditions contained in Article 8, there shall be paid Annual Membership fees as under :- (i) HONORARY MEMBER : Subject to the conditions contained in Article 8, there shall be paid Annual Membership fees as under :- HONORARY MEMBER : Subject to the conditions contained in Article 8, there shall be paid Non refundable Annual Membership fees as under :- No change (ii) No fees shall be payable by an Honorary Member. FOUNDER/ORDINARY/ASSOCIATE MEMBER: Founder/Ordinary/Associate Member shall pay an Annual Membership fee of Rs.500/- (Rupees Five Hundred) only. The annual membership fees shall be due and become payable on the 1 st April every year. Annual Membership of a Founder/Ordinary/Associate Member shall be renewable from year to year without payment of admission fees, No fees shall be payable by an Honorary Member. FOUNDER/ORDINARY/ASSOCIATE (ii) FOUNDER/ORDINARY/ASSOCI ATE MEMBER: Founder/Ordinary/Associate Member shall pay an annual membership fee of Rs. 1000/- (Rupees One Thousand only) The Note: Fees was enhanced w.e.f as decided in 14 th AGM held on 24 th July, The above members can also pay the Annual Membership fee for a period of MEMBER: Founder/Ordinary/Associate Member shall pay an annual membership fee of Rs. 1500/- (Rupees One Thousand Five Hundred only). The above members can also pay the Annual Membership fee for a period of five years at a time. Amendme nt 7

8 provided, however, that for renewal, the annual membership fees is paid latest by the 30 th April of the year concerned. The membership shall be renewable subject to the provisions of Article 11. five years at a time. (iii) LIFE MEMBER : Life Member shall pay a one time membership fee of Rs /- (Rupees Ten thousand only) Note: Fees was enhanced w.e.f as decided in 14 th AGM held on 24 th July, Annual Membership of a Ordinary/Associate Member shall be renewable from year to year without payment of admission fees, provided however, that for renewal, the annual membership fees is paid latest by the 30th April of the year concerned. the membership shall be renewable subject to the provisions of Article 11. (iii) LIFE MEMBER : Life Member shall pay a one time non refundable membership fee of Rs. 10,000/- (Rupees Ten thousand only). Further Life Members shall pay Rs.500/- as Annual Maintenance fees and the same can be paid for a period of five years at a time. The annual membership fees shall be due and become payable on the 1st of April every year. Annual Membership of a Ordinary/Associate Member shall be renewable from year to year without payment of admission fees, provided however, that for renewal, the annual membership fees is paid latest by the 30th April of the year concerned. the membership shall be renewable subject to the provisions of Article 11. Amendme nt 11 TERMINATION OF MEMBERSHIP :- TERMINATION OF MEMBERSHIP :- No change A Any member who desire to resign as a member of the Association shall give a written notice to the Association and he shall cease to be a member of the Any member who desire to resign as a member of the Association shall give a written notice to the Association and he shall cease to be a member of the 8

9 B Association upon acceptance of his resignation by the Managing Committee or within two months of the date of his resignation, whichever is earlier. (i) Any member shall, ipso facto, cease to be a member of the Association if :- a) he dies ; b) declared insolvent and/or of an insane mind by appropriate authority. c) Suspended as per Article 12 of this Constitution. (ii) He fails to pay annual membership fee by 30th April and he shall not be entitled to the benefits of his membership nor shall he be entitled to vote at any General Meeting of the Association, provided that Managing Committee may on request in writing by an individual to be a member under this sub-article, continue such individual as a member on payment of his arrears and on such other conditions as it deems fit. (iii) Any member acting in contravention of the objects of the Association or in any manner detrimental to the interest of the Association or guilty of misconduct, shall be liable for expulsion by a two - thirds majority of the members presents in person and entitled to vote at any General Body Meeting convened for the purpose. No such General Meeting shall be called unless such member is given a reasonable opportunity of tendering his explanation Association upon acceptance of his resignation by the Managing Committee or within two months of the date of his resignation, whichever is earlier. (i) Any member shall, ipso facto, cease to be a member of the Association if :- a) he dies ; b) declared insolvent and/or of an insane mind by appropriate authority. c) Suspended as per Article 12 of this Constitution. (ii) He fails to pay annual membership fee by 30th April and he shall not be entitled to the benefits of his membership nor shall he be entitled to vote at any General Meeting of the Association, provided that Managing Committee may on request in writing by an individual to be a member under this sub-article, continue such individual as a member on payment of his arrears and on such other conditions as it deems fit. (iii) Any member acting in contravention of the objects of the Association or in any manner detrimental to the interest of the Association or guilty of misconduct, shall be liable for expulsion by a two - thirds majority of the members presents in person and entitled to vote at any General Body Meeting convened for the purpose. No such General Meeting shall be called unless such member is given a reasonable opportunity of tendering his explanation 9

10 or resignation. Where explanation is offered by the member concerned, the same shall, as far as possible, be circulated amongst the members. or resignation. Where explanation is offered by the member concerned, the same shall, as far as possible, be circulated amongst the members. 12 SUSPENSION OF A MEMBER :- SUSPENSION OF A MEMBER :- 12 SUSPENSION OF A MEMBER :- Amendme nt A member shall be deemed to be suspended as a member : A member shall be deemed to be suspended as a member : A member shall be deemed to be suspended as a member : a) Upon his being adjudicated as an insolvent, till such time as he is discharged as an insolvent. b) Upon his being convicted for an offence involving moral turpitude for a period of two years and from the last day of his suffering the sentence. c) Upon his being debarred as Practitioner by any of the authority concerned where he is practising. a) Upon his being adjudicated as an insolvent, till such time as he is discharged as an insolvent. b) Upon his being convicted for an offence involving moral turpitude for a period of two years and from the last day of his suffering the sentence. c) Upon his being debarred as Practitioner by any of the authority concerned where he is practising. a) Upon his being adjudicated as an insolvent, till such time as he is discharged as an insolvent. b) Upon his being convicted for an offence involving moral turpitude for a period of two years and from the last day of his suffering the sentence. c) Upon his being debarred as Practitioner by any of the authority concerned where he is practising. d) Upon his committing an act of serious misconduct. 13 CLASSES :- CLASSES :- No change A General Meeting of the Members may be First General Meeting after registration, an Annual General Meeting, and Ordinary General Meeting, Special General Meeting. (I) THE FIRST GENERAL MEETING :- The First General Meeting of the Founder Members who are instrumental for formation and registration of the A General Meeting of the Members may be First General Meeting after registration, an Annual General Meeting, and Ordinary General Meeting, Special General Meeting. THE FIRST GENERAL MEETING :- The First General Meeting of the Founder Members who are instrumental for formation and registration of the 10

11 Association shall be held within two months of the date of registration of the Association and shall be conveyed by the Managing Committee by giving fourteen clear days notice. The business of the First General Meeting of the Association shall be to : Association shall be held within two months of the date of registration of the Association and shall be conveyed by the Managing Committee by giving fourteen clear days notice. The business of the First General Meeting of the Association shall be to : a) Elect a Chairman for the Meeting. b) Admit Persons who have applied for membership for Association as Founder/Ordinary/Associate Member's. c) To nominate and admit Honorary Members of Association. d) To elect person as office bearers and members of Managing Committee as per election rule at Article 19. e) To receive and adopt the audited statement of accounts presented by Managing Committee. f) To appoint Auditors for ensuing year and fix their remuneration. g) To approve the budget for ensuing year presented by Managing Committee. h) Hand over the charge of all papers, correspondences, Accounts, Cash and all related Matters to elect Managing Committee. a) Elect a Chairman for the Meeting. b) Admit Persons who have applied for membership for Association as Founder/Ordinary/Associate Members. c) To nominate and admit Honorary Members of Association. d) To elect person as office bearers and members of Managing Committee as per election rule at Article 19. e) To receive and adopt the audited statement of accounts presented by Managing Committee. f) To appoint Auditors for ensuing year and fix their remuneration. g) To approve the budget for ensuing year presented by Managing Committee. h) Hand over the charge of all papers, correspondences, Accounts, Cash and all related Matters to elect Managing Committee. (II) ANNUAL GENERAL MEETING :- ANNUAL GENERAL MEETING :- (II) ANNUAL GENERAL MEETING :- An Annual General Meeting will be held once in a year within three months of the close of the year at such time, place and hours as the Managing committee may An Annual General Meeting will be held once in a year within three months of the close of the year at such time, place and hours as the Managing committee may An Annual General Meeting will be held not later than 30 th September every year at such time, place and hours as the Managing Amendme nt 11

12 decide, provided if the Annual General Meeting cannot be held within three months as provided hereinabove due to natural calamities, civil commotion, riots or any other situation prevailing in the city, the Managing Committee may, for reasons to be recorded in writing, postpone the holding of an Annual General Meeting for a period not exceeding thirty days. The Business of Annual General Meeting shall be : a) To read, confirm and adopt minutes of last General Meeting or any of the meeting if conducted. b) To receive and adopt the audited statement of accounts and the annual report of the Managing Committee. c) To approve the Budget for the ensuing year presented by the Managing Committee. d) To appoint an auditor for the ensuing year and to fix his remuneration. e) To transact such other business as may be decided by the Managing Committee. f) To receive the report of Chief Election Officer and declare the results of the election, if held. decide, provided if the Annual General Meeting cannot be held on or before the said period as provided hereinabove due to natural calamities, civil commotion, riots or any other circumstances, the Managing Committee may, for reasons to be recorded in writing, postpone the holding of an Annual General Meeting for a period not exceeding thirty days. The Business of Annual General Meeting shall be : a) To read, confirm and adopt minutes of last General Meeting or any of the meeting if conducted. b) To receive and adopt the audited statement of accounts and the annual report of the Managing Committee. c) To approve the Budget for the ensuing year presented by the Managing Committee. d) To appoint an auditor for the ensuing year and to fix his remuneration. e) To transact such other business as may be decided by the Managing Committee. f) To receive the report of Chief Election Officer and declare the results of the election, if held. g) To transact any other business that may be brought with the permission of the committee may decide. 12

13 g) To transact any other business that may be brought with the permission of the Chair. The order of the above business may be changed with the consent of the majority of the members present at the said meeting. Chair. The order of the above business may be changed with the consent of the majority of the members present at the said meeting. (III) ORDINARY GENERAL MEETING : ORDINARY GENERAL MEETING : No change An Ordinary General Meeting may be convened by the Managing committee on its own motion at such time, place and hour as the Managing Committee may decide and for any purpose it may deem fit. An Ordinary General Meeting may be convened by the Managing committee on its own motion at such time, place and hour as the Managing Committee may decide and for any purpose it may deem fit. (IV) SPECIAL GENERAL MEETING : SPECIAL GENERAL MEETING : No change A Special General Meeting may be convened by the Managing Committee upon a request made in writing either by the Chairman or by any 1/5th of Members who are not in arrears of their subscription to the Association. The requisition shall be signed by the Chairman or by all the requisitionists, as the case may be, and shall be delivered at the office of the Association. The requisition shall specify the object of the Meeting proposed to be called by the requisitionsts. On receipt of the requisition the Managing Committee shall within one month convene such a meeting failing which the chairman or the requisitionists themselves, as the case may be, may convene such a meeting within 21 days after the expiry of the month and the A Special General Meeting may be convened by the Managing Committee upon a request made in writing either by the Chairman or by any 1/5th of Members who are not in arrears of their subscription to the Association. The requisition shall be signed by the Chairman or by all the requisitionists, as the case may be, and shall be delivered at the office of the Association. The requisition shall specify the object of the Meeting proposed to be called by the requisitionsts. On receipt of the requisition the Managing Committee shall within one month convene such a meeting failing which the chairman or the requisitionists themselves, as the case may be, may convene such a meeting within 21 days after the expiry of the month and the 13

14 cost of holding such meeting shall be defrayed from the funds of the Association. cost of holding such meeting shall be defrayed from the funds of the Association. 14 NOTICE : - NOTICE : - 14 NOTICE : - Amendme nt A notice convening a General Meeting shall state the date, time and place thereof and the purpose for which it is convened and shall be posted under certificate of posting or any other suitable mode of despatch at last available addresses of the members not less then 14 days before the date of meeting. the certificate of posting or receipt for despatch shall be the conclusive proof of the service of notice. A notice convening a General Meeting shall state the date, time and place thereof and the purpose for which it is convened and shall be posted under certificate of posting or any other suitable mode of despatch at last available addresses of the members not less then 14 days before the date of meeting. the certificate of posting or receipt for despatch shall be the conclusive proof of the service of notice. A notice convening a General Meeting shall state the date, time and place thereof and the purpose for which it is convened and shall be posted under certificate of posting or by or any electronic media or any other suitable mode of despatch at last available addresses of the members not less then 14 days before the date of meeting. The certificate of posting or receipt for despatch shall be the conclusive proof of the service of notice. 15 QUORUM :- QUORUM :- No change Three-fifth Members present in the person and entitle to vote shall form a quorum at any general meeting unless the prescribed quorum is present within 30 minutes of the time, hour, fixed for meeting. If there is no quorum even after extended period of thirty minutes the meeting shall stand adjourned for half-an-hour and shall be held on the same day. Three-fifth Members present in the person and entitle to vote shall form a quorum at any general meeting unless the prescribed quorum is present within 30 minutes of the time, hour, fixed for meeting. If there is no quorum even after extended period of thirty minutes the meeting shall stand adjourned for half-an-hour and shall be held on the same day. 16 ADJOURNED MEETING :- ADJOURNED MEETING :- No change If no quorum is presented at such an adjourned meeting the members present shall form the quorum to transact the same If no quorum is presented at such an adjourned meeting the members present shall form the quorum to transact the same 14

15 agenda at the same place. agenda at the same place. 17 CHAIRMAN :- CHAIRMAN :- No change The Chairman or in his absence the Vice -Chairman shall preside at every General Meeting. In absence of either of them, members shall elect from among themselves a Chairman of the Meeting. The Chairman or in his absence the Vice -Chairman shall preside at every General Meeting In absence of them, members shall elect from among themselves a Chairman of the Meeting. 18 VOTING AT GENERAL MEETING :- VOTING AT GENERAL MEETING :- No change No eligible member shall have more than one vote at any of the meeting of the Association, except that in the any of equality of votes, the Chairman shall have a casting vote. Every resolution before the General Meeting shall be decided by show of hands unless a poll is demanded before or immediately after the result of vote is declared by show of hands. Poll shall be taken in such a manner as the Chairman directs and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. 19 ELECTION RULES : No eligible member shall have more than one vote at any of the meeting of the Association, except that in the any of equality of votes, the Chairman shall have a casting vote. Every resolution before the General Meeting shall be decided by show of hands unless a poll is demanded before or immediately after the result of vote is declared by show of hands. Poll shall be taken in such a manner as the Chairman directs and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. ELECTION RULES : No change a) The Managing Committee shall appoint an Election Committee consisting of not more than three members, out of which one shall be appointed as Chief Election Officer. b) The Election committee so appointed shall invite nominations from the members of the Association, for the election of the members of the Managing Committee, so as to reach the Office of the a) The Managing Committee shall appoint an Election Committee consisting of not more than three members, out of which one shall be appointed as Chief Election Officer. b) The Election committee so appointed shall invite nominations from the members of the Association, for the election of the members of the Managing Committee, so as to reach the Office of the 15

16 Association not later than 5 p.m. of twentieth day before the date of Annual General Meeting. c) Any member of the Association who is not in arrears of Annual membership fees of the Association on the date of filing of nomination and whose delay in paying such fees is condoned by the Managing committee on or before the date of filing of nomination shall be eligible to file nomination for a post of the office bearers or a member of the Managing Committee. d) The nomination should be proposed by one and seconded by another member of the association who are not in arrears of membership fees on the date of filing of nomination and whose delay in paying such fees is condoned by the Managing Committee on or before the date of filing of nomination. e) No member shall contest for more than one post. f) A contestant shall be entitled to withdraw his nomination fourteen days before the date of Annual General Meeting. g) The Election Committee shall scrutinize the nomination received till the last date and hour fixed for receiving such nominations and after scrutinizing and Association not later than 5 p.m. of twentieth day before the date of Annual General Meeting. c) Any member of the Association who is not in arrears of Annual membership fees of the Association on the date of filing of nomination and whose delay in paying such fees is condoned by the Managing committee on or before the date of filing of nomination shall be eligible to file nomination for member of the Managing Committee. d) The nomination should be proposed by one and seconded by another member of the association who are not in arrears of membership fees on the date of filing of nomination and whose delay in paying such fees is condoned by the Managing Committee on or before the date of filing of nomination. e) deleted f) A contestant shall be entitled to withdraw his nomination fourteen days before the date of Annual General Meeting. g) The Election Committee shall scrutinize the nomination received till the last date and hour fixed for receiving such nominations and after scrutinizing and considering withdrawals of nominations, submit the final names of the contestants to the Association for necessary circulation 16

17 considering withdrawals of nominations, submit the final names of the contestants to the Association for different posts to the Association for necessary circulation to the member before the date of election. h) The Election Committee may, if found practicable and feasible submit to the Association for circulation to the members, the Bio-date and other particulars together with or without passport size photos of the contestants who desire to do so, at the cost of the candidates, and for this purpose may formulate necessary rules to comply with the object of this rule. i) When the contestants are more than the required numbers, the Election Committee shall conduct the election on the day of Annual General Meeting at Bombay and on such earlier date as the election Committee may consider deem fit. j) the election Committee shall specify time in advance to conduct the election at Bombay on the day of Annual General Meeting. k) Canvassing or propagating in any from by any member including a candidate at or in the vicinity of the election center on the day of election shall strictly be prohibited. Notwithstanding anything contained in to the member before the date of election. h) The Election Committee may, if found practicable and feasible submit to the Association for circulation to the members, the Bio-date and other particulars together with or without passport size photos of the contestants who desire to do so, at the cost of the candidates, and for this purpose may formulate necessary rules to comply with the object of this rule. i) When the contestants are more than the required numbers, the Election Committees shall conduct the election on the day of Annual General Meeting at Mumbai and on such earlier date as the election Committee may consider deem fit. j) the election Committee shall specify time in advance to conduct the election at Mumbai on the day of Annual General Meeting. k) Canvassing or propagating in any from by any member including a candidate at or in the vicinity of the election center on the day of election shall strictly be prohibited. Notwithstanding anything contained in any other articles of this Constitution, if any member, including candidate is found violating this rule, he or she shall be liable for necessary action which may be; 17

18 any other articles of this Constitution, if any member, including candidate is found violating this rule, he or she shall be liable for necessary action which may be; (i) Cancellation or invalidation of candidature of the candidate and/or, (ii) Suspension of member's/candidate's right to participate in any election of this Association for so much period as may be decided by the Election Committee but not more than one year. (iii) Suspension from the membership of the Association for so much period as may be decided by the Election Committee but not more than one year. However, the Election Committee shall give reasonable opportunity of being heard to the concerned candidate/member before taking any such action. The decision of the Election Committee shall be final and binding on all and despite such cancellation or suspension the election proceedings shall continue with the remaining candidates and members. l) The members shall elect Member of Managing Committee by casting their votes at the election center declared by the Managing Committee. (i) Cancellation or invalidation of candidature of the candidate and/or, (ii) Suspension of member's/candidate's right to participate in any election of this Association for so much period as may be decided by the Election Committee but not more than one year. (iii) Suspension from the membership of the Association for so much period as may be decided by the Election Committee but not more than one year. However, the Election Committee shall give reasonable opportunity of being heard to the concerned candidate/member before taking any such action. The decision of the Election Committee shall be final and binding on all and despite such cancellation or suspension the election proceedings shall continue with the remaining candidates and members. l) The members shall elect Member of Managing Committee by casting their votes at the election center declared by the Managing Committee. Each member shall have votes equal to the members on Managing Committee. The member who has not paid his annual membership fees for the current year and whose delay in paying such fees is not 18

19 Each member shall have only one vote for each post contested. The member who has not paid his annual membership fees for the current year and whose delay in paying such fees is not condoned by the Managing Committee on or before 15 days of the Annual General Meeting, shall not be eligible to vote at the election. m) Voting shall be by secret ballot. n) In case of equality of votes in favour of any two or more candidates, a lot shall be drawn and the successful candidate shall be considered to have received an additional vote and shall be declared duly elected. o) In the absence of any or in the case if inadequate nominations the officebearers and/or the members on the Managing Committee, the vacant seats shall be filled in at the time of Annual General Meeting. p) The result of the election so conducted shall be declared by the Chairman at the Annual General Meeting. q) The Election committee shall be at liberty to frame other rules or procedures in conformity with above provisions for proper conduct of the election. r) Election shall not be invalid condoned by the Managing Committee on or before 15 days of the Annual General Meeting, shall not be eligible to vote at the election shall be proposed by the Managing committee 15 days before the Annual General Meeting. m) Voting shall be by secret ballot. n) In case of equality of votes in favour of any two or more candidates, a lot shall be drawn and the successful candidate shall be considered to have received an additional vote and shall be declared duly elected. o) In the absence of any or in the case if inadequate nominations of the members on the Managing Committee, is received, the vacant seats shall be filled in the time of Annual General Meeting by selection. p) The result of the election so conducted shall be declared by the Chairman at the Annual General Meeting. q) The Election committee shall be at liberty to frame other rules or procedures in conformity with above provisions for proper conduct of the election. r) Election shall not be invalid merely by reasons of any accidental irregularity or informality or omission or commission related to the conducting and/or proceeding of election. In all cases and 19

20 merely by reasons of any accidental irregularity or informality or omission or commission related to the conducting and/or proceeding of election. In all cases and matters related to election the decision of the Election Committee shall be final and binding to all. matters related to election the decision of the Election Committee shall be final and binding to all. 20 ADMINISTRATION :- ADMINISTRATION :- No change a) The final Authority of the Association shall vest in its General Body Meeting summoned in such manner as is specified in the Articles of the Association. b) The management of the affairs shall vest in the Managing Committee duly constituted in accordance with Articles of the Association. c) Subject to the direction given or resolution/regulation made by the meeting of the General Body of the Association, the Committee shall exercise all powers, expressly conferred on it and discharge all functions entrusted to it under relevant Articles. a) The final Authority of the Association shall vest in its General Body Meeting summoned in such manner as is specified in the Articles of the Association. b) The management of the affairs shall vest in the Managing Committee duly constituted in accordance with Articles of the Association. c) Subject to the direction given or resolution/regulation made by the meeting of the General Body of the Association, the Committee shall exercise all powers, expressly conferred on it and discharge all functions entrusted to it under relevant Articles. d) There shall be various Committees formed as per exigencies for administering the Association. d) There shall be various Committees formed as per exigencies for administering the Association. 21 FUNDS :- FUNDS :- No change The funds for the Association shall be collected in the following manner. a) Donations. b) Admission and Membership fee. The funds for the Association shall be collected in the following manner. a) Donations. b) Admission and Membership fee. 20

21 c) Various Programmes arranged by the Association. d) Income received from movable, immovable assets of the Association. e) Income received on investment. f) Raising interest or interest free loans. c) Various Programmes arranged by the Association. d) Income received from movable, immovable assets of the Association. e) Income received on investment. f) Raising interest or interest free loans. 21A. Provisions regarding Loans & Deposits Provisions regarding Loans & Deposits No change The Association can raise loans as decided by the Managing Committee for fulfillment of the objects of the Association as specified by the Memorandum of Association. The Association can invest its funds as decided by the Managing Committee. The relevant provisions of the Bombay Public Trusts Act, 1950 shall apply to the Association. 21B. Provisions Regarding Sale and Purchase of Immovable Property. The Association can sell its property and also purchase property in the name of the Association as decided by Managing Committee. The relevant provisions of the Bombay Public Trust Act, 1950 shall apply to the Association. The Association can raise loans as decided by the Managing Committee for fulfillment of the objects of the Association as specified by the Memorandum of Association. The Association can invest its funds as decided by the Managing Committee. The relevant provisions of the Bombay Public Trusts Act, 1950 shall apply to the Association. Provisions Regarding Sale and Purchase of Immovable Property. The Association can sell its property and also purchase property in the name of the Association as decided by Managing Committee. The relevant provisions of the Bombay Public Trust Act, 1950 shall apply to the Association. No change 22 CONSTITUTION :- No change The Managing Committee shall consist of not more than 15 Members declared elected in the manner as mentioned hereunder: A) A Chairman, a Vice-Chairman, Secretary, Jt.Secretary, Treasurer, Joint The Managing Committee shall consist of not more than 15 Members declared elected/selected and such elected/selected members shall amongst themselves elect/select the following Office-Bearers in its First Managing Committee Meeting, after such election/selection. 21

22 Treasurer declared elected, selected at the Annual General Meeting. (B) Nine Committee Members declared elected, selected at the Annual General Meeting. (C) The last retiring Chairman of the Association as ex-officio member, (1) Chairman (2) Vice-Chairman (3) General Secretary (4) Two Secretary (5) Two Joint - Secretaries (6) Treasurer (7) Joint Treasurer 23 TERM OF OFFICE :- TERM OF OFFICE :- No change The term of office of the Managing Committee shall be for the period of three years commencing from the date of their election. Provided that any such Managing Committee member shall notwithstanding the expiry of the said period of three years, continue to hold office until fresh nomination or elections are held and Managing committee declared as formed. 24 THE FUNCTION OF THE MANAGING COMMITTEE :- The term of office of the Managing Committee shall be for the period of three years commencing from the date of their election. Provided that any such Managing Committee member shall notwithstanding the expiry of the said period of three years, continue to hold office until fresh nomination or elections are held and Managing committee declared as formed. THE FUNCTION OF THE MANAGING COMMITTEE :- No change a) To assist the Association in overall function, administration, finance, publicity, programme, negotiation, arbitration and all such matters which are incidental, ancillary, subsidiary and conductive for promotion and propagation of the Association. b) The Managing Committee can create, establish and control such other committee for promoting the cause as per the aims and objects of the Association with the approval of general body or ex- a) To assist the Association in overall function, administration, finance, publicity, programme, negotiation, arbitration and all such matters which are incidental, ancillary, subsidiary and conductive for promotion and propagation of the Association. b) The Managing Committee can create, establish and control such other committee for promoting the cause as per the aims and objects of the Association with the approval of general body or ex- 22

23 post-facto sanction thereafter. 25 POWER OF MANAGING COMMITTEE :- a) The Managing Committee shall have full powers to carry out the work of the Association as per aims and object and shall have monthly meeting to be conducted for sanctioning the monthly expenditure, assessing the income and suggesting the remedies for the promotion of cause of the Association. b) The Managing Committee shall present its yearly report and budget for the ensuing year before the General Body for approval and invite suggestions, remedies and objections, if any, and put into effect or react, as the case may be, in subsequent year. c) The Managing Committee shall create as much sub- committees and/or as per requirement and shall have full powers to deal with. d) The Managing Committee shall have full powers to appoint requisite staff for carrying out the administration of the Association and also have disciplinary powers to punish, penalise or dismiss the staff so appointed. e) The Managing Committee shall have powers to hear the grievances either directly or through committee if so post-facto sanction thereafter. 25 POWER OF MANAGING COMMITTEE :- a) The Managing Committee shall have full powers to carry out the work of the Association as per aims and object and shall have monthly meeting to be conducted for sanctioning the monthly expenditure, assessing the income and suggesting the remedies for the promotion of cause of the Association. b) The Managing Committee shall present its yearly report and budget for the ensuing year before the General Body for approval and invite suggestions, remedies and objections, if any, and put into effect or react, as the case may be, in subsequent year. c) The Managing Committee shall create as much sub- committees and/or as per requirement and shall have full powers to deal with. d) The Managing Committee shall have full powers to appoint requisite staff for carrying out the administration of the Association and also have disciplinary powers to punish, penalise or dismiss the staff so appointed. e) The Managing Committee shall have powers to hear the grievances either directly or through committee if so POWER OF MANAGING COMMITTEE :- a) The Managing Committee shall have full powers to carry out the work of the Association as per aims and object and shall have monthly meeting to be conducted for sanctioning the monthly expenditure, assessing the income and suggesting the remedies for the promotion of cause of the Association. b) The Managing Committee shall present its yearly report and budget for the ensuing year before the General Body for approval and invite suggestions, remedies and objections, if any, and put into effect or react, as the case may be, in subsequent year. c) The Managing Committee shall create as much subcommittees and/or as per requirement and shall have full powers to deal with. (c)(a) The Managing Committee shall co-opt such no. of members for promoting the cause as per the aims and objects of the Association, but not exceeding five. The role of co-opted members Amendme nt 23