Rules & Regulations
North Bengal Tea Producers’ Welfare Association
Unless the context otherwise requires words and expressions contained in these Regulations shall bear the same meaning as in the West Bengal Societies Act. 1961 or any statutory modification thereof.
MEMBERSHIP
1. ADMISSION:
a) The signatories to the Memorandum of Association & the office bearers of the Executive Committee of the Society shall be the First Member of the Association.
b) The Executive Committee may admit to membership to any caste, creed or sex who has attained the age of 18 years and agreed in writing to be bound by the Memorandum of Association and Rules & Regulations of the Association and who in the opinion of the Executive Committee will be interested in advancement of the objects of the Association and is resident of North Bengal.
Be it noted here that the power to admit member is the sole and absolute power of the Executive Committee and Executive Committee may refuse to admit any person without assigning any reason thereof.
2. TYPES OF MEMBERS :
a) GENERAL MEMBER: Any person who has voluntarily devoted his/her time and energy and resources to attain the aims and objects of the Association qualifies to be a General Member by paying prescribed fees determined by the Executive Committee time to time, and may be admitted as Member of the Society provided his/her application for membership is approved by the Executive Committee.
b) LIFE MEMBER: Any General member after having been so for a at least a year qualifies to be a life member by paying prescribed fees determined by the Executive Committee from time to time, may be admitted as Life Member of the Association. Such member shall not, however, be eligible to be member of the Executive Committee.
c) HONORARY MEMBER : Any person whose connection with the Association is deemed to be useful, may be with the consent of such person be selected as Honorary Member of the Association. Such member shall not, however, be eligible to be member of the Executive Committee, nor shall be entitled to vote any meeting.
3. CESSATIN OF MEMBERSHIP: Any member shall cease to be a member,
a) On resignation from membership and accepted by the Governing Body. b)
b) On his/her conviction of any offence in connection with the formation, promotion, management or conduct of affairs of the Association or a Body Corporate or of any offence involving moral turpitude.
c) On his/her becoming insane or insolvent declared by the competent authority.
d) On expulsion from the Society by 2/3rd majority vote of the Governing Body.
4. REGISTER OF MEMBERS :
The Association shall maintain a Register of members containing the names, address and their occupations, the date of admission and cessation of membership. The register will be kept for inspection of the members of the Association on requisition. All entries required be be made therein shall be entered within a period of fifteen days.
5. RIGHTS & OBLIGATIONS OF MEMBERS: Any General 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 on any matter relating to the Association.
c) To inspect the accounts and the proceedings of the meetings of the Society on appointment with the Secretary.
d) To pay his/her subscription within the prescribed time. Defaulting members shall be not allowed to take part or vote in a meeting.
e) To cast their vote, Members shall have one vote each.
6. EXPULSION & REMOVAL:
a) Frequent action of any member, if found by the Executive Committee is detrimental to the interest and is violative of the Rules & Regulations of the Association, he/she may be after due enquiry be censured, suspended or expelled from membership by the Executive Committee. In that case the Executive Committee shall first serve the member concerned a show cause Notice showing therein in the charges framed and ask him/her to submit a statement of defence within a stipulated period. On receipt of the explanation the Executive Committee shall have to take suitable action against the delinquent member after allowing him to defend in his/her case. If no reply to the show cause Notice is received within the stipulated period the Executive Committee may take an ex-parte decision.
b) For any act of expulsion or termination no such member shall be entitled to prefer any claim for compensation or damage even proved on subsequent date that such act of expulsion or termination was wrongful and/or unlawful.
EXECUTIVE COMMITTEE
7. COMPOSITION, ELECTION / APPOINTMENT, RESIGNATION / REMOVAL TERMS OF OFFICE:
a) There shall be a Executive Committee Consisting of not less than 7 (Seven) members.The office Bearers of the Executive Committee shall comprise of PRESIDENT, VICE-PRESIDENT, SECRETARY,SECRETARY, TREASUREROTHERCOMMITTEE MEMBERS. The office bearers & other committee members shall be elected at the Annual General Meeting. Moreover the Executive Committee may co-opt two members for better management of the affairs of the Association.
b) The resignation and removal of Executive Committee members shall be dealt with as has been prescribed in the case of other members noted herein before.
c) In case, any of the said Executive Committee member ceased due to any or all of the causes as mentioned hereinabove, the vacancy will be filled up by the majority of the members of the Executive Committee till the end of its terms.
d) The terms of office of the Executive Committee shall ordinarily be one year unless it is dissolved / terminated early under unforeseen circumstances. After election, the old Executive Committee will continue to function till the new committee takes over charge which shall under no Circumstances be more than 30 days from the date of election.
8. SEAL:
The Association shall have a seal and shall have power and authority to alter vary and break or renew the same at their discretion. The Executive Committee shall provide for the safe custody of the seal and it shall not be used except in pursuance of the resolution of the Executive Committee and it shall be affixed by the President and the Secretary who shall sign every instrument to which the seal is so affixed.
9. MEETING :
A meeting of the Executive Committee shall be held atleast once in three months at such place, date and time, as the President or the Secretary may determine. Two third members of the Executive Committee may requisition the meeting and the Secretary shall summon the same within seven days and failing which the President or the requisitionists may do so provided, no business other than specified in the notice shall be transacted at such meeting.
10. NOTICE AND QUORUM :
a) Atleast seven days notice of the meeting specifying the notice, date, time and the general nature of business to be transaction, shall be given to every members of the Executive Committee. Emergency meeting may be called on 24 hours notice.
b) Atleast one third members present personally shall constitute a Quorum for the meeting and if a quorum is not present within 30 minutes of the time, members present shall adjourn the meeting.
11. PROCEDURE OF THE MEETING :
The President, on his absence the Vice-President shall preside over meetings of the Association of the Executive Committee and in their absence members present shall elect a Chairman of the meeting. All questions before the meeting will be decided by a 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 votes in case of equality of votes.
12. POWER & DUTIES OF THE EXECUTIVE COMMITTEE :
The Executive Committee shall have general power of supervision conduct over all affairs of the Association and in particular shall discharge the following duties :-
a) To appointment Sub Committee as may be considered necessary to the expedient. b) b) To accept donations, gifts, subscriptions, movable or immovable properties for the object of the Association.
c) To sell, lease, mortgage or otherwise dispose of and deal with all or any part of the Association.
d) To receive reports from the Secretary of work done and to call statement of accounts and balance sheet for the past years from the Treasurer and to review finances and working and where necessary to review policies and priorities.
e) The Executive Committee shall have supreme control and management over all the affairs and interest of the Association.
f) To co-opt not more than two members to the Executive Committee, if necessary.
g) To appoint person (s) on payment to assist the Secretary/ Treasurer in day to day work and maintenance of Accounts.
h) 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.
13. SAFE CUSTODY OF THE PROPERTY / FUNDS :
The Executive Committee shall be responsible for safe custody of the funds, properties and assets of the Association. The funds of the Association shall be kept in Bank/Post Offices or mutual funds and be invested in any securities under section 20 of the Indian Trusts Act. 1882.
14. BOOKS OF ACCOUNTS & INSPECTION :
The books of accounts and other statutory books shall be kept at the registered office and shall be open to inspection of the members at such place and time as the Executive Committee directs on a written request made by any member.
15. ACCOUNTING YEAR :
The accounting year of the Society shall be from 1st day of April each to 31st March of the following year.
16. FINIANCE & BANK ACCOUNTS :
All collection would be handed over to the Treasurer. The funds of the Society shall be kept in deposit with any Bank (s) in the name of the Society and shall be jointly operated by the Treasurer, President and the Secretary for the withdrawal, the signature of the Treasurer will be compulsory along with any of the President and the Secretary.
17. MAINTENANCE & AUDIT OF ACCOUNT :
The society shall maintain books of accounts as required under section 15 (1) (a), (b) of the the Society. Act. Duly qualified Auditor (s) as stated section 15(2) of the Act should audit the Accounts of the society.
18. APPLICABILITY
All the provisions of the West Bengal Societies Registration Act. 1961 would apply
GENERAL MEETING
19. ANNUAL GENERAL MEETING :
a) Notice: Secretary shall annually call the Annual General Meeting within two months from the end of the last financial year giving atleast 14 days notice to all members. The notice shall contain the place, date, day and time of the meeting.
b) Agenda: The business to be transacted at the Annual General Meeting shall be :
(i) To confirm the minutes of the last Annual General Meeting and the Special General Meeting , if any.
(ii) To adopt with or without modification the report of the working of the Association for the previous year.
(ili) To pass the audited accounts of the Association for the previous year ended. (iv) To appoint qualified Auditor or Auditors and fix their remunerations.
(v) To transact such business as may be brought forward by giving 14 days notice from any members.
(vi) To conduct General Election when due for the next year.
c) Quorum: one third members of the Association shall personally present for constitution a quorum for the meeting and if a quorum is not present within 30 minutes of the schedule time the members present shall adjourn the meeting, and the meeting shall be held in the next week at the same day and time. No quorum is required from any adjourned meeting.
20. SPECIAL GENERAL MEETING :
a) A Special General Meeting may be convened by the Executive Committee at any time in view of urgency of the matter atleast seven days notice shall be given to every member for Special General Meeting.
b) Members may request the Executive Committee for special General Meeting by placing a requisition signed by two third of total members. In that case the Executive Committee shall convene a meeting. In default by the Executive Committee, the requisitionists shall hold such meeting provided no business other than those specified in the notice shall be transacted.
21. EXTRA ORDINARY GENERAL MEETING :
The Executive Committee may direct to convene an Extra Ordinary General Meeting for consideration of addition, alternation or amendment of the Rules & Regulations Memorandum of Association of the Society.
Atleast 7 days notice along with the proposed draft of change shall be sent to member before the meeting. The resolution of change amendment etc. of the Memorandum of Association / Rules & Regulation be carried out if accepted by the three fourth of the members present at the meeting.
DUTIES OF OFFICE BEARERS
22. PRESIDENT :
The affairs of the Association shall be managed by the President of the Association under the control and direction of the Executive Committee, He shall :
a) Preside over all meetings of the Association.
b) Jointly with the Secretary take decisions in case of emergency for the interest of the Association on bonafide reason.
c) Take all disciplinary actions i.e, removal, dismissal etc. of the members of the Association in consultation with the Executive Committee.
d) Advise the Secretary in any matter requiring urgent attention.
e) Call emergent meeting whenever necessary.
23. VICE – PRESIDENT :
In absence of the President, Vice – President shall perform all duties of the President as per direction of the Executive Committee and all the powers of the President shall be vested on
24. SECRETARY :
Subject to control of the Executive Committee, the Secretary whose post shall be honorary, shall execute the decision of Executive Committee. It shall be his duty :
a) To carry on manage and control all business of the Association efficiently and economically and to co-ordinate the activities of the various sub-committees of the Society.
b) To ensure that Notice of the General Meeting as well as Special General Meeting etc. specifying the place, date, time and the business to be transacted there and are dispatched to all those who are entitled to receive the same under the Rules of the Society.
c) To appoint officers, and other monthly or daily rated staffs, sub-staffs or permanent, temporary or special services as and when required for the due and proper discharge and carrying out the works of the Association and to determine their power and duties and to fix their salary and emoluments and to require security in such instance and of such amount as may thought fit and to reward to promote, to remove or to suspend any such staffs / officers and other employees of the Association subject to the approval of the Executive Committee.
d) To sign all papers documents correspondence etc. on behalf of the Association.
e) To represent the Association in all legal and other matter.
f) To maintain minute book of meeting, register of members and bring then upto – date and to keep then in safe custody.
g) To receive and to sign on behalf of the Association, all petitions, applications, representations, suggestions or objection and to put up all papers in the meeting of the Executive Committee and / or the General Meeting.
h)To sanction expenditure on bills not exceeding Rs. 5000/- apart from normal official regular expenses.
i) To issue General Circular and Notice.
j) To receive all receipts of all sums as subscriptions, donations, gifts etc.
k) To transact any other business as directed by the Executive Committee.
25. JT. SECRETARY :
In the absence of the Secretary, the Jt. Secretary shall perform the duties of the Secretary and assist the Secretary in day to day work.
26. TREASURER :
The Treasurer shall perform the following duties :
a) To deal with the financial matter of the Association under the direction of the President and the Secretary.
b) To keep and maintain such books of accounts as are necessary with vouchers related thereto.
с) To prepare and present to the Executive Committee the Balance Sheet and income & Expenditure Account and receipts & Payments and produce before the Auditor and the Annual General Meeting of the Association in absence of the Secretary.
d) To keep imprest of the Association not more than Rs. 2000/- at a time except during functions and special occasions where cash disbursements may be necessary.
e) To sign all challans, returns, reports and other related to financial matters on hehalf of Association.
27. SUITS & 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 Executive Committee.
28. ALTERATION OF MEMORANDUM OF ASSOCIATION AND RULES & REGULATION :
a) The Memorandum and Regulations may be altered, modified rescinded or added to by special resolutions passed by the 3/4th members in a general meeting called for the purpose.
b) Proposed amendment shall be forwarded to the Executive Committee which shall formulate and finalise the amendment and place before the member of the society.
c) Amendments as finalised by the members are to be circulated to the members at least 21 days before the meeting of the Association and amendment shall come into force if approved by the three fourth majority of the members.
29. DISSOLUTION OF THE SOCIETY :
Subject to provisions of section 24 & 27 of the West Bengal Societies Act 1961 or any statutory modification thereof, the society may be dissolved by a resolution to that effect passed by the three fourth members of the Association at a General Meeting called for this purpose. 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 Governing Body of the Society, do hereby certify that the above is a TRUE COPY of the Rules & Regulations of the Society.