Unless the context otherwise requires words and expressions contained in these Regulations shall have same meaning as in the West Bengal Societies Registration Act 1961 or any statuary modification thereof.
MEMBERSHIP
Admission
The signatories to the Memorandum Of Associations & the office – bearers of the Executive Committee of the Association shall be the first members of the Association.
The Executive Committee may admit into membership any person of any caste , creed or sex who has attained the age of 18 years & agreed in writing to be bound by the Memorandum of Association and regulations of the Association and who in the opinion of the Executive Committee will be interested in advancement of the objects of the Association.
Be it noted here that the power to admit members is the sole & absolute power of the Executive Committee and the Executive Committee may refuse to admit any person as a member without assigning any reason thereof.
TYPES OF MEMBERS
- Honorary members : Any person whose connection with the Association is deemed to be useful , may with the consent of such person be elected as Honorary member of the Association. Such members shall be eligible to be the member of the Executive Committee .
- Associated Member : Any Registered Trade Union of Information Technology (IT) & IT Enable Services (ITES) Company & support Services to the IT&ITES Sector within West Bengal may opt to apply for Associated Membership of the Association & accepted by the Executive Committee
- Organizational Member : Any Registered Association of Information Technology (IT) & IT Enable Services (ITES) Company within West Bengal opted to apply for Associated Membership of the Association & accepted by the Executive Committee .
- Individual Members : An employee of Information Technology (IT) & IT Enable Services (ITES) Company , West Bengal where there is no Registered Trade Union & Registered Association associated to WBITSA may apply in the prescribed Format for Individual Membership, in the event of more than 7 (seven) individual members in a particular establishment will have to from a ‘Unit’ of the Association (WBITSA) & may obtain the Associated/Organizational Membership.
ADMISSION FEE
Every Associated Member shall have to pay Rs. 5/- ( Five) as Entry Fee per Member.
Every Organizational Member shall have to pay Rs. 5/- ( Five) as Entry Fee Per Member.
Every Individual Member shall have to pay Rs. 10/- (Ten) as Entry Fee per member
Honorary Member/s is/are not required to pay any Entry Fee
SUBSCRIPTION
Individual Member shall pay subscription @ Rs.10/-(Rupees ten only) per month.
Associated Member shall pay Monthly subscription @ Rs.5/-(Rupees five only) per member, the concerned Union will be responsible for collection & deposit to apex body at State level.
Organizational Member shall pay Monthly subscription @ Rs.5/-(Rupees five only) per member, the concerned Association will be responsible for collection & deposit to apex body at state level.
Honorary Member/s is/are not required to pay any monthly subscription.
CESSATION OF MEMBERSHIP
Any member shall cease to be a member
- on acceptance of his resignation ,
- on his becoming insane or insolvent ,
- on his contravention of any offence in connection with the formation , promotion management or conduct of affairs of Association or body corporate or of any offence involving moral turpitude,
- on the event of death of a member
- defaulter of subscription for three months consecutive for an Individual Member & defaulter of subscription Six months consecutive for Associated & Organizational Member and
- at event of change of profession cessation of member relation with Information Technology & ITES Sector unless he is conferred status of honorary member/.
REGISTER OF MEMBER
The Association shall maintain a Register of Members containing names, addresses, and their occupations, date of birth, date of admission and cessation. The Register shall be kept open for inspection of the member of Association on requisition.
RIGHTS & OBLIGATION OF MEMBERS
Any Individual member of the Association has the right (a) to elect and to be elected in any election of the Association (b) to submit suggestion for discussion to the Executive Committee and Sub-Committee on any matter relating to the Association. (c) to inspect accounts and the proceeding of the meetings of the Association on appointment with the Secretary (d) to pay his subscription within the prescribed time. Defaulting members shall not be allowed to take part or vote in a meeting. Member & delegates shall have one vote each.
EXPULSION & REMOVAL
Activities of any member, if found by the Executive Committee is detrimental to the interest and is in violation of the rules & regulations of the Association, he/she may be after due inquiry, warned, censured, suspended or expelled from the membership by the Executive Committee. In that case the Executive Committee shall first serve the member concerned with a written show cause notice showing therein the charges framed and ask him to submit his statement of defense within a due time. On receipt of the explanation, the Executive Committee shall have the power to take a suitable action as deemed fit against the delinquent member after allowing him to defend his case. If no reply to the show cause notice is received within a month, the Executive Committee may take ex-parte decision.
For any act of such expulsion or termination no such member shall be entitled to prefer any claim for compensation, damage or refund of subscription even if proved subsequently that such penal act on the part of Executive Committee was wrongful and or unlawful, save & accept restoration of membership w.e.f. date & time specify by Executive Committee.
EXECUTIVE COMMITTEE
COMPOSITION, ELECTION / APPOINTMENT, RESIGNATION/REMOVAL , TERMS OF OFFICE
There shall be an Executive Committee consisting of not less than 11 (Eleven) members. The office bearers of the Executive Committee shall comprise of Advisor, President, Working President, Vice – President/s, Secretary, Treasurer, Asstt. Secretary/s and other committee members. The office bearers & other committee members shall be elected in Annual General Meeting. In the event of resignation and removal of any Executive Committee member/s, Executive Committee may co-opt member/s for that term only. Any vacancy in the Executive Committee bellow 50% of total member of Executive Committee will not lead to dissolution of the Executive Committee.
In the event of more than 50% vacancies at a time if arises , Special General Meeting will be convendent by the President/working President/Secretary / remaining members of the Executive Committee jointly.
The terms of office of the Executive Committee shall ordinarily be for 2 yrs. ( Two) Years unless the Association dissolved / terminated early under unforeseen circumstances. After election the old Executive Committee will continue till the new body takes charge, which shall under no circumstances be more than 30 days from the date of election.
MEETING
A meeting of Executive Committee shall be held at least once in three months in the office of the Association or any other place date and time as the President or Secretary may determine. 1/3rd of members of the Executive Committee may requisition the meeting and the secretary shall summon the same within the seven days and failing which the President on the requisitionists may do so provided no business other than specified in the notice shall be transacted at such meeting.
NOTICE & QUORUM
7 days’ notice of the meeting specifying the place, time and the general nature of business to be transacted, shall be given to every member of the Executive Committee. Emergency meeting may be called on 24 hours notice. 1/3rd. members present shall constitute a quorum for the meeting and if a not made present within 30 minutes of the time, members present shall convene the meeting.
PROCEDURE OF THE MEETING
The president or in his absence the Working-President or Vice – President shall preside over all meetings of the Executive Committee and in there absence members shall elect a Chairman of the meeting. All question before the meeting will be decided by the majority of votes, each member having one vote. The president or the Chairman shall have a second or casting vote in addition to his own vote in case of equality of votes.
Powers and duties of the Executive Committee . – The Executive Committee shall have general power of supervision and conduct over all the affairs of the Association and in particular shall discharge the following duties :
- To appoint sub-committee with such power and duties as may be considered necessary or expedient.
- To accept donation, gift, subscription, movable or immovable property for the objects of the Association.
- To sell, lease, mortgage or otherwise dispose of and deal with all or any part of the property of the Association.
- To keep proper accounts of the Association and to open bank account in the name of the Association in one or more banks.
- To co-opt members in the vacant part of Executive Committee.
- To appoint a person or persons on payment to assist the Secretary/Treasurer in the maintenance of account, etc.
- To conduct any other business not specified herein for the attainment of the object of the Association provided such business is not repugnant to such object.
- Executive Committee may constitute to raise one or more Sub-Committee for some special purpose.
- Executive Committee may invites a person/s in a particular Executive Committee meeting.
- to appoint qualified auditors or auditors.
SAFE CUSTODY OF PROPERTIES
1. The Executive Committee shall be responsible for the safe custody of the funds, properties and assets of the Association.
2. The funds of the Association shall be kept in banks/post office and be invested in any RBI approved securities specified under section 20 of the Indian Trust Act, 1882. as per discussion of the Executive Committee.
BOOKS OF ACCOUNT & INSPECTION
The books of account and other statutory books shall be kept at the registered office and shall be open for inspection of the members at such time and place as the Executive Committee directs on a written requisition made by any member.
BANK ACCOUNT & OPERATION
The Association shall open a Bank Account in a schedule Bank or any branch of W.B. Co-operative Bank and account shall be operated by the Secretary, Asst. Secretary & Treasurer – any two of them jointly.
The Association may obtain Loan from any Schedule Bank or any Financial Institution and help/ assistance’s from other Government or Non-Government Organization (NGO) to fulfill any objects & also may take aids by cash or kinds from any Govt. or Non-Govt organization (NGO).
ACCOUNTING YEAR
The accounting year of the Association shall be from 1st day of April of each year to 31st day of March of following year.
GENERAL MEETINGS
Annual General Meeting
Notice : The Secretary shall annually call the Annual General Meeting within two months from the end of the financial year giving at least 21 days’ notice to all members. The notice shall contain the place, date, day and time of the meeting.
Agenda : The business to be transacted at the Annual General Meeting shall be :
- to confirm the minutes of the last Annual General Meeting and of special general meeting, if any;
- (b) to adopt with or without modification the report of the working of the Association for the previous year ;
- to pass audited accounts of the Association for the previous year ended ;
- to transact such business as may be fixed by the Executive Committee ;
- to transact such other business as may be brought forward by giving 14 days’ previous notice from any member ;
- to conduct general election when required.
Quorum of the meeting : 1/3rd members/delegates personally present at the commencement of the meeting shall constitute the quorum.
Manner and Method of Voting : The Chairman of the meeting shall decide the manner and method of voting at the outset of the election process.
PARTICIPATION / DELEGATION IN ANNUAL GENERAL MEETING / SPECIAL & EXTRA ORDINARY GENERAL MEETING –
Extra-Ordinary General Meeting –
Members may request the Executive Committee for Special General Meeting by placing a requisition signed by 2/3rd of total members along with specific mention of business to be transacted in EOGM. In that case the Executive Committee shall convene a Special General Meeting within a month from the receipt of such notice. In default by the Executive Committee to convene a meeting as per the requisitionists shall hold such meeting provided no business other than those specified in the notice shall be transacted.
Special General Meeting.. – The Executive Committee may convene a Special General Meeting for consideration of addition, alteration or amendment of the memorandum/regulations of the Association. 14 (Fourteen) days’ notice along with the proposed draft of change shall be sent to members before the meeting. The resolution for change, amendment etc. of the Memorandum and Regulations be carried out if accepted by the three fourths of the members present at the meeting.
DUTIES OF THE OFFICE-BEARERS
President : He shall
- preside over all meetings of the Association ;
- take all disciplinary actions such as removals, dismissals etc., in consultation with the Executive Committee ;
- advise the Secretary in any matter requiring urgent attention ;
- call emergent meeting.
Working-President : In the absence of the President, the working President shall perform all the duties of the President.
Vice-President : In the absence of the working President, the Vice President shall perform all the duties of the President.
Secretary : He shall
- convene all meetings of the Association ;
- maintain minute books of all meetings ;
- issue general circular and notices ;
- receive all applications for membership which shall be placed before the Executive Committee ;
- sign on behalf of the Association all receipts for all sums received as subscription etc.
- sign and give pay order on all bills for payments,
- get the accounts of the Association audited by Chartered Accountant,
- ensure compliance with statutory requirements,
- transact all other business subject to the direction of the Executive Committee
- for the purpose of financial transaction secretary be able to approve expenses up to a limit of Rs.10,000/-(Rupees ten thousand) only, beyond that limit required approval of Executive Committee.
Asstt. Secretary : In the absence of the Secretary, the Asstt. Secretary shall perform all the duties of the Secretary.
Treasurer : shall
- collect and receive all sorts of subscriptions, donations and deposit of money and grant receipts thereof
- maintain and keep cash book and such other books of accounts as are necessary ;
- operate bank account jointly either with the Secretary or the authorized representatives;
- prepare the budget in consultation with the Secretary for consideration of the Executive Committee
MAINTENANCE OF THE AUDIT OF ACCOUNTS
The Association shall maintain books of accounts as required under section 15(1)(a), (b) of the Act. The accounts shall be audited by a duly qualified auditor as stated in section 15(2) of the Act.
SUIT & LEGAL PROCEEDINGS
All suits and legal proceedings by or against the Association shall be in the name of the Secretary or such person as shall be appointed by the Committee.
ALTERATION OF MEMORANDUM & REGULATIONS
The Memorandum and Regulations may be altered, modified, rescinded or added to by special resolutions passed by the ¾th members in a general meeting called for the purpose or in Annual General Meeting after profound circulation of the resolution in advance.
The Executive Committee shall have powers to propose, alter, modify or rescind such Bye-laws & rules as may be considered necessary in the interest of smooth functioning of the Association through appropriate general meeting.
DISSOLUTION OF ASSOCIATION
Subject to the provisions of sections 24 & 27 of the West Bengal Societies Registration Act, 1961 or any Statutory modifications thereof, the Association may be dissolved by a resolution to that effect passed by ¾ th members of Association at a general meeting. The said meeting shall also decide the manner of disbursement of the funds and assets of the Association, if any, after dissolution.
We, the undersigned members of the Executive Committee of the Association, do hereby certify that the above is a true copy of the Rules and Regulations of Association.
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