- Unless the context otherwise stated, the words
or expressions contained in these rules & regulations shall
bear the same meaning as in the West Bengal Societies Registration
Act, 1961
(a) The “Association”
shall mean “VIP ROAD CHARTERED ACCOUNTANTS’ ASSOCIATION”.
(b) “Chairman”
shall mean the Chairman of the Association who will preside over
the annual, extra ordinary and general meeting of the Association.
(c) “Members” shall
mean the members of the Association.
(d) “Committee”
shall mean the executive Committee and any sub committee formed
by the executive committee for the time being of the Association.
(e) “President”,
“Vice President”, “General Secretary”,
“Asst. Gen. Secretary”, “Treasurer” and
“Members of the Executive Committee”, shall mean those
respective officers for the time being of the Association.
(f) “Prescribed”
means prescribed for the time being by the rules and regulations
or by-laws of the Association.
(g) “Year” means
a Calendar Year.
(h) “Chartered Accountant”
means a Chartered Accountant within the meaning of the Chartered
Accountants Act, 1949.
- Registered Office
The Registered of the Association
is situated at 22, Lake town, ‘B’ – Block, Calcutta
– 700 089.
- Membership
Subject to the provisions hereinafter
mentioned, persons desirous of becoming members of the Association
shall apply in the prescribed form for their membership duly proposed
and seconded by the member of the Association. The Decision of
the Executive Committee in the matter of admission to membership
shall be final.
(a) Chartered Accountants residing
or practicing in and around the township area of Greater Kolkata,
adjacent to the area of Eastern Kolkata, shall be eligible to
be a member of the Association.
(b) The Executive Committee
may admit to membership any Chartered Accountant having residence/office
in area as mentioned I clause 3(a) and who agrees in writing to
be bound by the Memorandum of association, Rules and Regulations
of the Association.
(c) The Executive Committee
shall prescribe from time to time subscription payable by members.
- Cessation of Membership
A person shall cease to be
a member :
(a) On his resignation from
membership by a letter addressed to the General Secretary and
duly accepted by the Executive Committee.
(b) On his default in payment
of the prescribed subscription due from him for a period of two
consecutive years.
(c) On his permanently leaving
the area as mentioned in para 3(a).
- Classes Of Membership
There shall be the following
classes of membership of the Association :-
(a) Life Membership : Those
persons who desire to be admitted to the Life Membership of the
Association will pay a sum of Rs. 1,000/- at the time of admission.
(b) General Membership : Those
persons other than Honorary Member and Life Members, who are admitted
to membership of the Association shall be the General Members.
(c) Honorary Membership : Persons
who have a special status in the society and upon whom the Executive
committee of the Association desires to confer a special distinction
may be admitted as Honorary Members of the Association.
- Patrons
The Executive Committee may,
according to such terms an conditions as it shall decide upon
from time to time, admit as patrons those persons who are likely
to help in furthering the objects and causes of the Association
either through their professional knowledge and experience or
through financial assistance.
- Membership Fees & Payments of Fees
(a) The fees for Members shall
be :
(i) Life Members Rs. 1,000/-
(ii) Other than Life Members
Admission Fees Rs. 100/-
Annual Fees Rs. 200/-
(b) The annual membership fees
shall be payable in full in the month of April of each Calendar
Year.
(c) Persons admitted as members
of the Association at any time during the year of any year shall
pay the fee for the full year of admission.
- Rights and Obligations of the Members
(a) All members shall be entitled
to receive the regular publications of the Association with or
without charge or at concessional charge as the Executive Committee
may determine from time to time.
(b) All members of the Association
shall have the right to use the premises, library and other installations
or facilities of the Association and participate in all its activities,
subject to rules as may from time to time be framed by the Executive
Committee.
(c) All the members shall have
right to inspect, at the office of the Association, the books
of Account, Minutes book of proceedings of general meetings and
register of members of the Association on any working day during
business hours, as decided by the Executive Committee from time
to time, by giving reasonable notice.
(d) A member of Association
shall have the right to vote and to elect and/or to be elected
as member of the Executive Committee of the Association subject
to the Rules and Regulations of the Association.
(e) He shall have the right
of submitting in writing suggestions or remarks, critical or otherwise
for discussion to the Executive Committee.
(f) Hs shall have the right
to discontinue/forego his membership after due intimation in writing
to the Executive Committee.
(g) Every member will be duty
bound to pay his subscription within the time fixed by the Executive
Committee.
(h) Defaulting member shall
not be allowed to vote in the election, neither he shall be eligible
for election to the Executive Committee.
- Executive Committee
(a) The Executive function
of the Association shall be vested in the Executive Committee.
(b) The terms of office of
the Executive Committee shall ordinarily be one year unless it
is dissolved/terminated early under unforeseen circumstances and
the Executive Committee shall be elected in the Annual General
Meeting.
(c) The number of members of
the Executive Committee shall not be less than seven and not more
than fifteen.
(d) In case of casual vacancy
in the Executive Committee, the Executive Committee may appoint
any other member to fill up the vacancy and the said member shall
hold office till the date other member will remain in office.
(e) The Executive Committee
shall consist of :
President - One
Vice-President - One
General secretary - One
Asst. Gen. Secretary - One
Treasurer - One
Other Committee Members - Minimum 1 and Maximum 9
Immediate Past President - One (ex-office)
(f) The retiring members of the Executive Committee shall hand
over charge to the newly elected Executive Committee within one
month of the election.
(g) No person who is undischarged
insolvent or who has been convicted of nay offence involving moral
turpitude shall be entitled to be a member or office bearer of
the Executive Committee.
- Procedure of the Executive Committee Meeting
(a) The quorum for the meeting
of the Executive Committee shall be 1/3rd of committee members
or 5 whichever is higher.
(b) It within half an hour
of the time fixed/scheduled for a meeting the quorum is not present,
the meeting shall stand adjourned to the same day in the next
week at the same time and place unless otherwise decided, and
if at the adjourned meeting a quorum be not present within half
an hour of the time fixed/scheduled for the meeting members present
shall constitute the quorum.
(c) The absence, without leave
of any member of the Executive Committee for three consecutive
meeting and/or for a continuous period of six months shall entitle
the Executive Committee to remove such absentee from the Executive
Committee.
(d) Meeting of the Executive
Committee shall be called by the General Secretary at the direction
of the President or on a requisition in writing by any four members
of the Executive Committee. Such requisitioned meeting, shall
be called within a fortnight from the date of the receipt of the
requisition, to be held on a date not beyond one month from the
aforesaid date of requisition and in default of such meetings
being called, shall entitle to call the meeting in the same manner
as the General Secretary would do according to these rules.
(e) The notice of the meeting
of the Executive Committee shall contain the agenda and specify
the place and the time of three days before the date of the meeting.
Incase of urgent necessity, meeting can be called by a shorter
notice being not less than 24 hours.
(f) At least one meeting shall
be called in a period of every two calendar months and there should
not be gap of more than two months in between the two meetings.
(g) Any decision of the Executive
Committee shall be taken by majority vote of the members present
at the meeting. Each member shall have one vote. In case of equality
of votes, the Chairman of the meeting shall have a casting vote
and such vote shall prevail.
(h) The decision of the Executive
Committee shall be recorded in minutes entered into a special
book by the General Secretary. Such minutes shall be read at the
next meeting and on approval of the members present, confirmed,
and signed by the General Secretary or any one acting on his behalf,
such signed minutes shall be conclusive evidence of the proceedings
of the meeting of which the minute relate.
- Powers & Authorities of the Executive
Committee
The Executive Committee shall
be empowered with any, every and all functions pertaining to the
administration and management of the Association and will decide
on all questions with the exception only of those which pursuant
to the existing rules, are reserved for decision in the general
meeting. More particularly the Executive Committee acting collectively
shall have power to :-
(a) Represent the Association.
(b) Acquire and transfer property,
real estate personal or mixed, assume obligations and conclude
agreements of any nature, but not exceeding Rs. 25,000/- per year
without prior sanction of a General Meeting and keep the property
so acquired in its custody.
(c) Appoint the personnel of
the Association, determine their remuneration, salaries and other
service conditions and also to terminate their services, by dismissal
or otherwise, and take disciplinary action as necessary for smooth
administrative function.
(d) Open and operate Bank Accounts,
deposit, withdraw or invest funds, issue, accept, sign, endorse
and deliver cheques, drafts, letters of credit and in general
any note issued to order.
(e) Determine and incur expenses
in general and administer the finances of he Association and to
raise, receive and accept funds, subscriptions, donations and
money and all kinds of gifts and charities.
(f) Decide on the establishment
of branch offices (or agencies) of the Association.
(g) Exercise control over he
books and funds of the Association, prepare and submit to the
General Meeting the Annual Income and Expenditure Account, Report
and the Balance Sheet of the Association.
(h) Frame and /or change by-laws
relating to the internal Administration of the Association.
(i) Decide on any, every and
all matters pertaining to or in connection with the administration
of the Association and the successful pursuance of its aims and
purposes.
(j) To make arrangements or
Appointments of Sub Committee, or such other bodies for organizing
and publishing regular bulletins, journals, or other publications
and to hold an organize classes, lectures, meetings etc. under
direct supervision and guidance of the Executive Committee present
in the meeting concerned.
- Duties of Executive Committee & Procedure
of Meeting
(a) The President, or in his
absence the Vice-president shall take the chair and preside over
and direct meetings of the Executive Committee. But if at any
meeting either the President or any Vise-President be not available
to preside within 30 minutes of the time fixed for the meeting,
the members of he Executive Committee present shall elect one
of them as the Chairman of the Meeting.
(b) The General Secretary and
in his absence the Asst. General Secretary shall be the Executive
Officer of the Executive Committee. He shall perform the current
work of the Association, receive all letters and documents addressed
to the Association, prepare the correspondence, keep all books
and records of the Association and countersign with the Chairman,
the minutes of the meetings of the Executive Committee.
(c) The treasure shall collect
all dues to the Association and effect all its payments, keep
appropriate records and books and help the executive committee
in the financial administration of the Association.
(d) The Executive Committee
may delegate any of its powers and authorities referred to in
rule 11 to a Sub-Committee of two or more persons appointed from
amongst the members of the Association and if necessary, the President
may co-opt not exceeding two persons to each sub-committee from
amongst the members of the Association appointed for the purpose
mentioned in Rule 11(a), (i) and (j). In each of such sub-committee,
the President and General Secretary shall always remain ex-officio
members.
(e) The responsibility of members
of the Executive Committee with regard to the administration of
the Association shall end annually with the approval of the report
of Income & Expenditure Account and the Balance Sheet by the
General Meeting.
- General Meeting
The General Body of the members shall be
supreme authority of the Association in respect of
All its activities and more particularly to decide on :
a.
i). Amendments and/or additions to the Memorandum of Association
and the Rules as mentioned here.
ii). Election of the members
of the Executive Committee and appointment of auditors.
iii). Approval with or without
amendments of the Annual Report and of the Income & Expenditure
Account and the Annual Balance Sheet.
iv). Collaboration or amalgamation
of the Association with any other Association or forum pursuing
similar aims and objects.
v). Dissolution of the Association
and Disposal of funds upon dissolution as here-in-before mentioned.
b. The Annual General Meting shall be convened by the Executive
Committee regularly once a year within the three months following
the end of the Association’s financial year but not more
than fifteen months shall elapse between two successive Annual
General Meetings.
c. The Executive Committee,
may, whenever it deems necessary, call an Extraordinary General
Meeting. Such Meeting may also be called at the instance of 1/5th
of the number of members provided they shall file a requisition
in writing with the Executive Committee setting forth in detail
the reasons for calling such meeting. In such a case the Executive
Committee shall be obliged to call such meeting within one month
from the filling of such requisition to be held within 60 days
of filling the requisition and in default thereof the requisitionists
themselves shall be entitled to call such meeting at the cost
of the Association.
d. The notice for the General meeting shall be delivered personally
or sent by post to the members of the Association at least 14
days prior to the date of the meeting and at least 5 days in the
case of an adjourned meeting. The notice must indicate the place
where the meeting will take place, the date and hour thereof,
as well as the items of Agenda.
e. The General Meeting whether annual or extraordinary shall not
discuss or decide on any matters which are not include in the
Agenda.
f. The quorum for the General
Meeting shall be one tenth of the membership strength. In the
event such quorum is not present within half an hour of the time
appointed for the meeting, the General Meeting shall stand adjourned
for one week to the same time and place and at such adjourned
meeting the members present shall constitute a quorum.
g. The decision of the General
Meeting including the election of office-bearers and member of
the Executive Committee shall be taken by show of hands or secret
ballot as the Chairman may desire by majority of the votes of
the members present. Exception is made in the cases referred to
in Rules 13(a), 13(d) and 13(e) above regarding amendment to these
rules in which a quorum of one-third (1/3rd) at least of the total
number of members of the Association shall be needed.
Provided further that for making alterations in the Memorandum
of Association, previous permission of the Registrar of Societies
shall also be obtained in writing.
h. The General Meeting shall
be presided over by the President of the Executive Committee and
in his absence by Vice-President and in their absence, within
3 minutes of the appointed time, the members present shall elect
from amongst themselves a Chairman for the meeting. The decisions
of the General Meeting shall be recorded in minutes, entered into
a special book, duly signed by Chairman of the meeting.
- Casting Vote
In all matters to be decided by a simple
majority in General Meetings, casting vote of the Chairman shall
prevail, in case of equality of votes.
- Suits and Proceedings
The Association may sue or be in the name
of its General Secretary.
- Safe Custody of Funds and Assets
All Executive members shall
be jointly liable for safe custody of funds and assets both movable
and immovable which has been acquired or accumulated by the Association.
- Alteration of Memorandum & Rules &
Regulations
Memorandum & Rules &
Regulations of Association may be amended, altered, from time
to time, but such alteration and amendment would have to be passed
in Annual General Meeting or Extra Ordinary General Meeting specially
convened for the purpose by the votes of not less than three fourth
of the total numbers of members present and entitled to vote in
the meeting.
- Election
The procedure for the election of the members
of the Executive Committee shall unless otherwise decided by the
Executive Committee be as follows :
(a) In the first week of March every alternate year the President
shall appoint an Election Committee consisting of not more than
five members and not less than 2 members. The first Election Committee
shall be appointed in March 1998.
(b) The Election Committee shall within 7 (seven) days of its appointment
fix the dates for the following stages :
1. The last date for receipt of nomination.
2. The last date for withdrawal of nomination.
3. The date of election.
(c) The nomination of a candidate
shall be in the Form, as prescribed by the Election Committee,
which shall be duly signed by the candidate and by the proposer
and the seconder both of whom shall be persons entitled to vote
in the election and shall be submitted to the General Secretary
not later than the date fixed by the election Committee.
(d) The election Committee
shall conducted the election within such time not later than three
months immediately following the close of the financial year.
(e) All the nomination forms
shall be scrutinized by the Election Committee and the names of
the persons properly proposed and seconded shall be determined.
Any nomination form which in the opinion of the Election Committee
is not in conformity with the Rules may be rejected by the Election
Committee.
(f) The Election Committee
shall scrutinize the nomination papers of all candidates and shall
endorse on each nomination paper its whether it accepts, refuses
or reject the nomination.
(g) The Election Committee
shall record a brief statement of its reasons if it refuses or
rejects a nomination.
(h) The Election Committee
shall refuse or reject a nomination if it is satisfied
(i) that the candidate was
ineligible to contest the election;
(ii) that the proposer or
the seconder was not qualified to subscribe to the nomination
of the candidate in the appropriate Form or
(iii) that the signature of
the candidate or of the proposer or the seconder is not genuine
(i) On completion of the security
of the nominations the Election Committee shall forthwith prepare
a list of valid nominations and hand it over to the General Secretary.
(j) The General Secretary shall
get the list printed / typed / cyclostyled and intimate the members
in appropriate manner.
- Mode of Election
(a) The election shall be by
poll and a voter shall caste his vote personally such time and
place as fixed by the General Secretary.
(b) The President Shall appoint
a polling Officer from amongst the members of the Election Committee
who shall conduct the poll and will be in general charge of all
arrangements at the polling booth.
(c) A voter shall have one
vote for each member of the Executive Committee.
- Qualification of Members to stand for Election
Subject to other provisions
to these Rules a member who is a voter and whose name continue
to be in the register of members on the date of election and who
is a member of the Association for a period not less than one
year upto the last sate for submission of nomination and who has
paid his subscription upto date shall be eligible to stand for
election to the Executive Committee.
- Members Eligible to Vote
Subject to other provisions
of these rules a member whose name is borne on the register of
members in the 1st day of March of the year in which the election
to the Executive Committee is to take place shall be eligible
to vote in the election.
- Operation of Bank Account
(a) All bank accounts of the
Association shall be opened in pursuance of the resolution of
the Executive Committee. Bank accounts of the Association shall
be operated upon in the manner decided by the Executive Committee.
(b) Either the President or
the General Secretary and the Treasurer may operate such account
jointly.
(c) Safe custody and management
of all properties and assets of the Association shall vest on
the Executive Committee.
- Register of Members
The Association shall maintain
a Register of Members containing therein the names, addresses,
occupations, date of admission, date of cessation etc.
The Register shall be kept
open for inspection by the members of the Association on requisition
at such time as decided by the Executive Committee from time to
time.
- Accounts and Audit
(a) The Executive Committee
shall keep or cause to be kept true Accounts of all moneys and
properties received and expended by the Association and the matters
in respect of which such receipts and expenditure took place and
assets and liabilities of the Association. Where necessary separate
accounts shall be kept of the various departments and activities
of the Association.
(b) Account of the Association
shall be audited at least once in a year by a Chartered Accountant
in wholetime practice and he should not be a member of the Association.
(c) The Executive Committee
of the Association shall prepare or cause to be prepared for each
financial year a Statement of accounts consisting of Receipts
and Payment Account and a Balance Sheet of the Association and
shall lay the same along with the report of the Auditors and its
own report before the annual General Meeting of the Association.
- Financial Year
Unless otherwise decided by
the Executive Committee, the financial year of the Association
shall be twelve months ending on 31st March.
- Dissolution or Merger of the Association
The Association may be dissolved
or merged with any other organization having like aims and objects
by a resolution to that effect passed by three fourths of the
members of the Association present at the General Meeting. The
said resolution should also decide subject to the provisions of
the West Bengal Societies Registration Act, 1961, the manner of
disbursement of the fund and assets of the Association, if any,
after the dissolution.
- Application of the West Bengal Societies
Registration Act
All other matters necessary
to run this Association will be governed by the provisions of
the West Bengal Societies Registration Act, 1961.
We the undersigned members
of the Executive Committee of the Association do hereby certify
that the above is a true and fair copy of the Rules and Regulation
of the Association.
|
Name
and Address |
Occupation |
Signature |
| 1. |
Kailash Chandra Agarwal
206, Bangur Avenue, Block – ‘A’ Kolkata
– 700 055 |
Chartered Accountant
|
Sd/- |
| 2. |
Pawan Kumar Agarwal
P-190, Lake Town, Block – A, 1 st Floor, Kolkata –
700 089 |
Chartered Accountant
|
Sd/- |
| 3. |
Subodh Kumar Agarwal
198, Lake Town, ‘B’ – Block, 3 rd Floor
Kolkata – 700 089 |
Chartered Accountant
|
Sd/- |
| |
|
|
|
Witness : R.K.
KANKARIA CD-73, SALT LAKE KOLKATA – 700 064
Kolkata : the 10 th day of July, 1997 |
