EEPC INDIA WORKING COMMITTEE (2015-16) ELECTION RULES FOR PANEL NOS. 04, 13 AND 17 TO BE RE-DONE THROUGH E-VOTING SYSTEM 1. Preamble a) In view of the Advisory dated December 7, 2015 issued by the Department of Commerce, Ministry of Commerce and Industry, Govt. of India the voting conducted through postal ballot system in respect of Panel nos.04, 13 and 17 for the period 2015-16 has to be conducted afresh through electronic means for which the said Ministry has already appointed Shri Sanjeev Nandwani, Additional DGFT as the Returning Officer. b) Only an Ordinary Member of the Council, having exports of engineering goods (FOB value) and services not less than (i) Rs. 60 Lakhs for a MSME and (ii) not less than Rs. 2 Crore for Others to its credit during the financial year immediately preceding the year, for which this fresh election is being held for Panel nos. 04, 13 and 17, shall be eligible to contest the same, provided such member s name is appearing in the Voter Member s List hereinafter defined under Clause no. 2. For example, if the Election takes place for the year 2015-16, the preceding year for this purpose will be Financial Year 2014 15. c) All eligible Voters shall now get the facility to exercise their franchisee / voting right through electronic means. 2. Voter Members List The members included in the Lists of Voters are hereinafter referred to as Voter Members. For this e-voting of Panel Nos. 04, 13 and 17, the same Voter Member s List (final list) will be considered, including for inviting Nominations which was prepared, published and used for conducting the elections under postal ballot system in respect of the said Panels. This election rules for conducting election of Panel Nos. 04, 13 and 17 afresh through electronic means and the aforesaid Voter Member s List shall be available on the Notice Board of all offices of EEPC India and also in the Council s website. 3. Filing of nominations (i) Nomination The Returning Officer shall cause to issue notice inviting nomination to the Voter Members of panel nos. 04, 13 and 17 as per the aforesaid final Voters List through e-mails or through speed-post. The notice inviting nomination along with a Nomination Form, as per Annexure A hereto, shall be dispatched by E-mail to all the said Voter Members to their respective e- mail ids registered with the Council OR by Speed-Post to the postal addresses of the voter members. Omission of service of such a notice shall not, however, invalidate the election proceedings. In the notice inviting nomination, the Returning Officer will also mention about the availability of the instant Working Committee (2015-16) E-voting Rules and the aforementioned Voters List on the Council s Website and also at the different offices of the Council. (ii) A valid Nomination Members nominating a person to contest for any elective post of the Council must nominate any one of the following persons:
Chairman/Managing Director or Director/Executive Director, President, Vice President, Chief Executive, General Manager (Exports) or equivalent thereto, Proprietor/ Partner/ Designated Partner in case of LLP, provided the President, the Vice President, the Chief Executive, the General Manager (Exports) or the person equivalent thereto is in full time employment of the member organization. Further, in case of full time employees nominated by an organization, the nomination must be signed either by the Chairman or by Managing Director or by Director / Executive Director or by Proprietor / Partner / Designated Partner in case of LLP. A Nomination to be valid must satisfy and fulfill the following conditions:- a) the Nomination Form as per Annexure A has to be filled-up properly in all fields mentioning therein the Director Identification Number (DIN) of the contestant, as stipulated u/s 152 (3) of the Companies Act, 2013, has to be submitted along with a self-attested copy of the DIN; b) a declaration has to be submitted by the contestant as provided in the nomination form, that he / she is not otherwise disqualified to be appointed as a Director of a Company since stipulated u/s 164 of the Companies Act, 2013; c) a consent has to be given by the contestant as provided in the nomination form to act as a Director of the Council, if elected to the Working Committee in accordance with Section 152 (5) of the Companies Act, 2013; d) the signature of the person on the Nomination Form, who is nominating the candidate has to be attested by the banker of the Voting Member concerned, on the Nomination Form itself along with the name and designation of the officer of the bank and the rubber stamp impression of the bank; e) the duly filled-up Nomination Form, signed, stamped and completed in all respects along with the requisite documents must reach the office of the Returning Officer within expiry of 10 (ten) days from the date of the Notice inviting Nomination; Nominations sent by telex/telegram/fax/e-mail will not be treated as a valid nomination. (iii) Clearance of doubts, rejection and publication of valid Nominees In case the Returning Officer has any reason to doubt the veracity of any of the particulars / information contained in any Nomination Form received by him, he may call for particulars / information from the Secretary of the Council. He will also be at liberty to call for the export performance of the member concerned as per the record of the Council, from the Secretary. The Returning Officer shall within 1 (one) day after the expiry of the aforesaid period of 10 (ten) days enter the names of the Nominees, Panel-wise in a Register and, after due scrutiny, prepare a list of valid nominations and also a list of invalid nominations received and would arrange to display the same at the Notice Board placed in the office of the Returning Officer. With regard to the invalid nominations, the Returning Officer shall cite the relevant Rule / Reason for rejecting the same. Copies of such list(s) duly signed by the Returning Officer shall be sent to the Secretary of the Council both by e-mail and hard copy for similar display in its offices. Last date / day for filing of objection regarding the lists of nomination before the Returning Officer is 3 (three) days from the date of display of lists and the Returning Officer will dispose off the objections, so received within 2 (two) days therefrom. (iv) Withdrawal of Nominations Nomination can be withdrawn by the candidate and/or person who had signed the nomination form by a letter within a period of 3 (three) days from the date of aforesaid display of the list of valid nominations by the Returning Officer. However, in case the candidate is an employee of the Voter Member, it cannot be withdrawn by himself.
Withdrawal of nominations by telex / fax / telegram / e-mail will not be considered or accepted. Once the Nomination is withdrawn, no subsequent request for rescinding such withdrawal shall be entertained by the Returning Officer. 4. Agency The Council has entered into a bipartite agreement with National Securities Depositary Limited ( NSDL in short hereinafter), an approved agency of the Ministry of Corporate Affairs, Government of India for using their electronic voting platform. 5. Returning Officer Shri Sanjeev Nandwani, Additional DGFT & Development Commissioner, Falta Special Economic Zone, Ministry of Commerce & Industry, Govt. of India, has been appointed as the Returning Officer. 6. Scrutinizer (s) The Working Committee shall appoint scrutinizer/s for this purpose in terms of applicable rules under the Companies Act, 2013. 7. Mode of Voting a) The Returning Officer shall cause to dispatch a Notice (hereinafter referred to as the said Notice ) by E-mail informing the Voter Members about the electronic voting system and the procedure to be followed for casting of votes within 7 (seven) days of publishing the list of valid and invalid nominations. b) The said Notice shall also be placed on the website of the Council after the notice is dispatched to all the Voter Members by E-mail. c) Each Voter Member shall follow the procedure of Electronic Voting as specified in the Notice to cast its vote. All Voter Member shall be entitled to cast their respective votes online as per prescribed procedures during a period of 7 (seven) days (upto 5 p.m on the last day) prescribed in the Notice. d) The aforesaid electronic votes cast by the voter members shall be stored in a secure server. Only the Returning Officer shall be allowed access to the said votes. e) The Returning Officer shall maintain secrecy of the votes received. Only the Returning Officer or person authorised by him, and the candidate or a person authorised by him, shall be allowed to participate in and observe the process of scrutiny and counting of voting results. f) Within 3 (three) days from the last day prescribed in the Notice for casting of votes through electronic system, the total count of votes on the server will be noted and verified by the Returning Officer though his access to the secure sever where the votes have been stored in presence of candidates and their authorized representatives by inviting them under prior notice. 8. Declaration of result Immediately after the above process of scrutiny and counting of votes, result will be declared by the Returning Officer. The person receiving the highest number of votes from each Panel will be declared as elected from the Panel. In case of a tie, the result will be determined by drawing of lots by the Returning Officer. The Returning Officer shall declare the results stating the names of elected candidates from each Panel.
The decision of the Returning Officer in this regard shall be final and binding on all concerned. The said results will be displayed in the Notice Board maintained at the Office of the Returning Officer and shall also be communicated to the Secretary of the Council. The Returning Officer shall declare the said result in the following manner:- a. Total number of Votes received; b. Number of Votes rejected; c. Number of votes secured by the contesting candidates; d. The name of the candidate securing the highest number of votes and declared elected. The Returning Officer shall arrange to communicate to all contesting members of the Council the results of this E-voting and also shall notify the same to the Secretary. 9. Exclusive Jurisdiction Only the Courts in Kolkata shall have the jurisdiction to the exclusion of all other courts and forums, with regard to any matter arising out of the election of the Working Committee of the Council. 88888888888888888888X888888888888888888
ANNEXURE A EEPC INDIA BY SPEED POST / BY E-MAIL WORKING COMMITTEE ELECTION (2015-16) FOR PANEL NOS. 04, 13 AND 17 RE-DOING THROUGH E-VOTING SYSTEM Name of the Firm / Company NOMINATION FORM (Please fill in all the columns. Do not leave any column blank) Postal Address Name of the Panel in which the Firm / Company is primarily classified Particulars of the representative being nominated : i) Name & Designation ii) Father s Name iii) Residential Address including telephone number iv) E-mail Director Identification No. FOB value of physical exports during FY 2014-15: (3 rd Party and Deemed Export not included) Whether MSME or Others: I declare that the above information is true to the best of my knowledge and belief. I state that I am not otherwise disqualified to be appointed as a Director of a Company as provided under section 164 of the Companies Act, 2013 and I hereby give my unequivocal consent to act as a Director of EEPC India, if elected to the Working Committee since mentioned u/s 152 (5) of the Companies Act, 2013. Signature of Candidate: Name: Designation: Page 1 of 2
I nominate Mr. for WC Election of the Council, who is in full time employment of our Company / Firm. Signature: Name & Designation: Attestation of the signature of the person signing Nomination Form by banker of the Memberorganization concerned. Attested by: Signature: Name of Bank Official: Documents to be enclosed: Designation : i) Original CA Certificate for FOB value of physical exports during FY 2014-15, as per format attached. ii) In case of MSME, please enclose a self-attested valid MSME Certificate iii) A self-attested copy of the DIN Page 2 of 2
FORMAT OF CHARTERED ACCOUNTANT S CERTIFICATE This is to certify that we have verified Books of Accounts and other records of M/s. having their Registered Office at and certify that their FOB value of physical export of engineering goods/services (rounded off to the Nearest in lakh) during the year (s) indicated hereunder is as follows:- Year FOB value of physical export of engineering Goods/services 2014-15 Rs. Place: Date: Name of the Chartered Accountant or his Company: Signature: Designation: Membership No. Official Stamp: Note: CA Certificate of FOB value of physical exports of engineering goods/services made by the member firm. (3 rd party and deemed exports not to be included) from statutory auditors certifying export performance in Indian rupees rounded off to nearest lakh (Photostat copies or Certificate not signed manually are not acceptable.