RULES AND REGULATIONS OF
PEOPLE OF INDIAN ORIGIN CHAMBER OF COMMERCE AND INDUSTRY, NEW DELHI
These rules and regulations may be called the rules and regulations of the People of Indian Origin Chamber of Commerce and Industry (PIOCCI).
"Society" means the People of Indian Origin Chamber of Commerce and Industry.
"Rules" mean any of the rules and regulations of the Society
The "General Body" means the general body of the Society composed of all the members of the admitted under the rules and to which all the powers of Society vests ultimately.
The "Governing Council" means the body, which under these rules is constituted, to be the "Governing Council" of the Society which shall be the management committee of the Society responsible under these rules to manage the affairs of the society
"Member" means a member of the Society in accordance with the rules of the Society.
"President" means the President of the Society
"Secretary General" means the Secretary General of the Society
"The Year" means the financial year starting on 1st April every year and ending on the 31st March at the following year.
Membership of the Society is open to any individual, over the age of 18 years, having Indian Citizenship or a person of Indian origin including Non Resident Indians or any organization, whether incorporated or not, engaged, in any business or profession, who is interested in and is in agreement with the objects of the Society.
Every application for membership shall be sent to the Secretary General who shall at the first convenient opportunity submit it to the Governing Council for approval.
The Council may at its discretion reject any application without assigning any reason thereof.
The Governing Council, may, in its wisdom, admit any member being a person of repute and whose enrollment is deemed to the in the interest of the Society.
Classes of Members
There shall be following classes of membership:
Founder Members: Persons who have taken steps to form the Society and signed the Memorandum of Association, as the desirous persons shall be founder members. The founder members shall be members for life.
Life members: Individuals admitted as life members on payment of specified fees shall be members for life.
General members: Individuals admitted as general members on payment of specified fees and will be members for one year and shall be entitled to renew their membership every year.
Associate Members: The Governing Council may admit an individual as Associate Member who is above the age of 18 year, who are active in the areas relevant to the Society.
The Governing Council may select such members as founder members in its first meeting as it may deem necessary for the interest of the Society
Corporate Organizations, institutions can be considered by the Governing Council for becoming Institutional members.
Entrance Fees and membership fees
Entrance Fee Rs. 5,000.00 payable by all applicants except the founder members.
Life members shall pay pay Rs 50,000 at the time of admission to membership
Annual Subscription for general members Rs. 6,000.
Annual Subscription for associate members Rs. 2,000.
Institutional members shall pay the fees as per following scale depending on their operations.
Upto Rs. 100 crore (Rs. 10 million) turnover Rs. 100,000 per annum.
) Above Rs 100 crore (Rs 10 million) and up to Rs 1000 crore (Rs. 100 million) Rs. 500,000 per annum.
For turnover of above Rs.1000 crore (Rs. 100 million) Rs. 1,000,000 per annum.
Provided that the executive committee can, in its own discretion, enroll a member without receipt of the membership fee in cases where it feels that the enrollment of the member shall be in the interest of the Society
Payment of fees
The entrance fee shall be payable at the time of application for the membership is submitted to the Secretary General.
The life membership fee shall be payable along with the application for membership and first annual membership fees shall be payable every year by 30th June.
The annual fee shall fall due on 1st of April every year.
The members paying annual fee shall be enrolled for one financial year and part of the year shall be considered as full year.
Register of members
A register of members shall be maintained at registered office of the Society in which the names and addresses of members shall be set forth and all change in addresses taking place shall from time to time be recorded on intimation.
Rights and privileges of members
Members of the Society shall have the rights and privileges of attending the General Body meetings and shall be entitled to receive copies of the reports of the Society.
Members may be given special concessions or priorities to attend seminars, workshops, conferences and exhibitions which may be organized by the Society.
The members shall have the voting rights in the General body meeting except the Associate Members who shall not exercise any voting rights.
Provided that the members shall have one vote each and no member shall have the rights to appoint proxy for the purposes of voting in the general meetings.
Also provided further that no member shall have the right to vote at any meeting unless all the money due from him to the Society as on that date have been paid.
Register of members
The society shall maintain a register of members which shall be the roll of members of the Society
General Body of the society shall consist of all the members of the Society whose names appear on the roll of the members.
Annual General Meetings
A general body meeting of the Society shall be convened at least once every year but before 31st day of December to be specified as the Annual General Meeting at such time and place as the Governing Council may decide.
Not more than fifteen months shall elapse between the two subsequent Annual General Meetings.
The Annual General meeting shall have the following minimum agenda:
Confirmation of the minutes of the previous meeting.
Consideration of the report on the activities of the Society during the year.
Receive, consider and approve budget estimates for the expenses and income of the Society
Receive, consider and approve audited accounts along with the report of the auditors of the Society
Appoint auditors for the Society to hold office till the conclusion of the next annual general meeting.
Elect, if due, office bearers and members of the governing council for a term of two years.
Transact such other business as may decided by the Governing Council.
Such other business as may be requested by members and permitted by the chairman of the meeting.
Notice and convening of Annual General Meeting
General meeting shall be convened by the Secretary General and shall be held at such date, time and place as the governing council may decide.
Twenty one days clear notice shall be given in such manner as the governing council may decide.
Question relating to votes: Every member shall have the right to cast one vote in person only. Every question submitted to general body meeting shall be decided by
majority of votes and in case of equality of votes the chairman of the meeting shall have a second or casting vote.
Chairman of the meeting:
The President of the governing council of present shall preside at all the general body meetings.
In the absence of the President the Working President shall take the chair.
In the absence of both the President and Working President any one of the Vice Presidents shall take the chair.
In the absence of all the above office bearers the members may elect one amongst the present members to be chairman of the meeting.
Quorum for the Annual General Meeting
Unless otherwise decided by the general body meeting quorum of the general body meetings shall be 1/3rd of the strength of the members as on the date of the meeting.
A declaration by the President that a resolution has been carried or lost and any entry to that effect in the minute book recording the proceedings of the meetings of the Society shall be conclusive evidence of the facts.
If at a general body meeting convened otherwise that a requisition, a quorum is not present within 30 minutes of scheduled time of the commencement of the meeting, the same shall be stand adjourned to the one hour later on the same day at the same place. At such adjourned meeting the members present shall be competent to transact the meeting irrespective of whether a quorum is present or not.
Provided that no such meeting shall be held if the number of members present falls below three (3). If in respect of the meeting convened on requisition the quorum is not present within 30 minutes of the time of the commencement thereof the meeting shall stand dissolved.
Extraordinary General Meeting
The governing council can call the extra-ordinary general meeting of the Society to discuss specific matters as and when it feels necessary.
Fourteen days notice shall be required for such a meeting. The notice for such a proposed meeting shall express the object for which the meeting is called for.
At an extra-ordinary general body meeting no subject other than that stated in the notice or the requisition as the case may be shall be discussed except with the permission of the President.
Requisitioned Extraordinary General Meeting
On the written requisition of not less than one fourth or 25 Society members, which every is less; the Secretary General shall convene an extraordinary general meeting of the general body of the Society.
Fourteen days notice shall be required for such a meeting. The requisition made by the members of the Society shall express the object for which the proposed meeting is called for.
At a Requisitioned general body meeting no subject other than that stated in the notice or the requisition as the case may be shall be discussed except with the permission of the President.
In the case of the Secretary General falling to call a General Meeting requisitioned by the members within 30 days of receipt of the requisition, the President and/or the Working President shall take steps to call such general meeting within the next 30 days to consider the proposal contained the requisition.
In the case of the President and/or Working President also fail to call the requisitioned general meeting, the requisitioning members may call the meeting themselves at a place and time decide by them at the expense of the Society.
It shall be the duty of such members to invite the office bearers to such meeting. In case such a meeting is called without the invitation being delivered to the office bearers of the Society, the proceeding of the meeting shall be treated as null and void.
Power and duties of members of the General body
The members of the General Body of the Society shall have the following powers and duties.
The general body of the members is the authority for lying down the principles of functioning and setting the goals for the governing council.
They shall maintain integrity under all circumstances and work for the advancement of the objects of the Society.
They shall work as a team and shall not malign any co-professional in the Society and shall thrive to help and guide the juniors.
The shall elect persons of high caliber and integrity to the governing council.
Members shall be entitled to be nominated for election to the governing council only if their names are proposed and seconded by two members.
They shall be entitled to receive all the notices from the Society at their addresses.
It shall be the duty of the members to inform the Society of all changes in their addresses in order to receive the notices.
Members shall have the power to amend the rules in accordance with the Societies Registration Act, 1860.
All the powers of the administration shall vest in the governing council that consists of not less than (10) and not more than 21 members including office bearers. The governing council shall be elected at the annual general meeting for two year. Every members of the governing council shall have the right to hold the office for a period of two years and will be entitled for re-election.
The governing council shall consist of following as its members.
President 1(one) (To be elected later on)
Working President 1(one) (on)
Vice-President 4(four) ()
Secretary General 1(one)
Powers and function of governing council
The governing council shall perform the following duties for official administration of the Society.
To work for the achievement of the object of the Society in according with the guidance and the principles formed by the general body of the Society.
The governing council shall be responsible for the implementation of the decision taken by the general body.
The governing council shall appoint, terminate, and fix the duties and salaries of the staff of the Society. It shall formulate such rules, as it may deem fit for the proper administration of the staff and its activities. It may at its own discretion may delegate or the functions relating to staff to any officer or any sub committee appointed for the purpose and may also provide suitable guidelines for this purpose.
It shall appoint such sub committees as may be required for achievement of the objectives of the Society.
It shall invite such experts and members/non-members as it may deem fit in the meetings of the Society.
It shall make programmes for the promotion of the executive of the association.
It shall do such activities as may be required raise funds by way of donations, subscriptions or any other mode for achieving the aims and objectives of the Society.
It shall arrange finances if required from other institutions, banks, and individuals on reasonable terms and conditions.
It shall take necessary steps to keep proper accounts of the Society in such manner as may be required under the Generally accepted accounting principles and the accounting standards in force for the time being.
It shall frame bye laws for the conduct of the affairs of the Society and to add, amend or repeat them front time to time with the approval of the general body.
It shall decide the venue and date of the Annual General Meeting of the Society.
It shall meet at least four times a year.
It shall fill up the casual vacancies arising in the Governing Council.
It shall organize, supervise, and carry out the normal day to day work of the Society and make decision on all matter. It shall furnish a report to each annual general meeting on its activities during the year.
It shall prepare a budget estimate and sanction expenses and re-appropriate funds within the budget allotment.
It shall finalize the annual accounts.
It shall submit the annual accounts to the auditors appointed by the General Body.
It shall provide all the information required by the auditors for the purpose of the audit.
It shall forward the audited account along with the audit report to the General Body together with its comments on the audit report.
It shall consider the recommendation of the secretary general and approve new members in its own discretion.
In the case of the grants received by the Society with specific direction as to its application, the Governing Council shall be entitled to spend grants so received even if such expenses are not budgeted.
It shall appoint, among the members of the Society such persons as it may deem fit as assistant treasurer and assistant secretary, if so required by the need of proper and efficient functioning of the Society who shall act in such manner as the Governing council direct.
Any member of Governing Body except founder members who fails to attend three consecutive Governing Council meeting without obtaining the leave of absence shall cease to be the member of the Council.
Where any urgent matter except anything pertaining to the budget, requiring the approval of the Governing Council arises and it is not possible to convene a meeting, the Secretary General in Consultation with the President/Working president may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the governing council is deemed to have obtained:
The issue must be clearly set out in the circular and forwarded to all members of the governing council.
) At least one-half members of the governing council must indicate whether they are in favour or against the proposal.
The decision must be by a majority vote.
Power and functions of the office bearers
He shall be the head of the Society and shall preside over all the meetings of the general body and the governing council.
In case of any tie on any particular matter he can cast his second vote.
He shall give necessary instructions to the members and the employees of the Society.
He shall act as a guide to the Secretary General in the affairs of the Society.
a) Working President shall exercise all the powers of the President in absence of the President.
They shall assist the President/Working President and shall enjoy all the powers and duties in their absence.
In the event of President/Working President being away the Vice President(s) shall perform the functions of the President.
In the event of absence of President/Working President in the course of a meting any one of the Vice President shall hold the chair. Normally the senior most Vice President shall hold the chair however the numbers present in the meeting shall be free to nominate any one of the Vice President in the chair.
22.4. Secretary General:
Secretary General shall sign and conduct all the correspondence on behalf of the Society.
He shall record the minutes of all meeting of the Society and maintain the minutes books in property and shall keep them in safe custody normally at the registered office unless the Governing Council decide otherwise.
He shall implement the decision of the general body/governing council and shall take follow up action.
He shall call the general body meetings in according with the directions of the governing council and the President.
He shall call the meetings of the governing council as and when necessary.
He shall supervise the work of other office bearers of the Society for efficient administration of the Chamber.
He shall maintain up-to-date register of members.
He shall cause to maintain proper records of the accounts as also all the activities of the Society and see that all the records are properly kept at the headquarters of the Society or any such place as the governing council may decide.
He shall prepare a report of the activity of the Society to be presented before the Governing Council for onward presentation to the General Body.
He shall authorize expenses for the purposes of the Society in co-operation with the treasure.
Secretaries shall, assist the Secretary General in the manner directed by him. The governing Council may designate, at its discretion, secretaries as responsible for different activities of the Society like Finance, Membership, Publication, Administration.
Treasure shall be responsible to keep all the accounts and receipts and expenditure of the Society and furnish all the necessary information to the-governing council.
He shall be authorized to keep with him Rs. 10000 for the urgent transactions of the Society and the balance amount shall be deposited in a bank to be selected by the governing council.
He shall be responsible for authorization of expenses in co-operation with the Secretary General.
He shall prepare the accounts of the Society every year and present the same to the Governing Council in consultation with the Secretary General and forward the accounts with the approval of the Governing Council to the Auditors of the Society.
He shall cooperate with the Auditors and provide all the information which they may require for the purposes of the audit of the accounts.
The members of the Society shall be person of high integrity and shall do such acts as may be in the interest of the Society and Persons of Indian Origin in general. They shall not act in a manner, which can be detrimental to the interest of the Society.
Source of Income:
The source of income of the Society shall be as follows:
Subscription from members
Funds raised through any other sources by arranging exhibitions, shows, seminars, conferences, workshops etc as mentioned in the memorandum.
Grants from the Governments and other organizations for the purposes of carrying out its activities.
Management of funds:
The funds of the Society shall be deposited in a scheduled bank to be selected by the governing council. The Governing Council shall decide the operation of the bank account. However the operation of the account shall necessarily be joint and no individual shall be entitled to draw money from bank on a single signature.
The general body is its annual general meeting shall elect the office bearers and members of the governing council through raising of hands or by ballot as may be decided by the General Body after every 2 years. The Governing Council, if necessary, may frame detailed bye laws for the purpose of conduct of elections of office bearers.
Quorum: The necessary quorum of the meeting of the general body as well as the governing council shall be 1/3rd of the respective strength. There shall be no quorum for an adjourned meeting.
The General Body of the Society shall appoint a Chartered Accountant to the office of the auditor who shall audit the accounts of the Society at least once in a year.
The governing council shall appoint the first auditors of the Society.
Where the general body fails to appoint an auditor in its general meeting, the retiring auditor shall be deemed to be re-appointed.
The auditor shall hold office from the conclusion of one Annual General Meeting to the conclusion of the next annual general meeting.
The auditor shall submit his report to the members of the Society.
The first financial year of the Society shall end on the 31st March following the incorporation of the Society Subsequent financial years shall begin on each 1st of April and shall close on the next 31st of March.
Filing of Annual list:
Once in every year a list of members of the governing council of the Society shall be filled with the Register of Societies as required u/s 4 of the Societies Registration Act, 1860.
Filling of vacancies:
Vacancies in the governing council in between the election will be filled up by the nomination suggested by remaining members of the governing council.
Removal of any office bearer of governing council
Any office bearer of the member of governing council shall be removed if 2/3rd members of the governing council of the association so desire.
Provided that a member whose name is proposed to be so removed shall be informed of the intended resolution stating the cause of such action. The member, if he so desires, can forward a written representation to the governing council explaining his points of view. The governing council shall consider such representation in its meeting. However, the decision of the governing council shall be final and shall not be called upon question in the court of law.
Cessation and Restoration of membership:
A member shall cease to continue to be a member on deletion of his name from the rolls of members of the Society. The governing council in the case of a member attaining following disqualification can remove the name of the member from the rolls.
A general or a corporate member whose subscription has fallen into arrears and who has failed to pay it on the expiry of period of three months from the date on which such demand is made in hi.
A member is found to act in violation of rules and regulation of or against the interest of the Society.
A member is adjudicated insolvent or becomes of unsound mind or is convicted of an offence of moral turpitude.
In case of default arising from other than no-payment of subscription the governing council shall send a notice in writing in defaulting constituent to file its objections within 30 days of the receipt of the notice specifying the charges against the member.
Governing council can take an ex-parte decision if no reply is received within a reasonable time.
The membership shall be restored in case of cessation due to non-payment of subscription on the payment of all arrears of subscription; and in any other case, as the governing council may decide, depending upon the application forwarded by the member and subject to the disqualification being removed from the member.
Governing council shall have a right to refuse registration of membership to habitual defaulter member.
Liability of Society and members:
If is deemed to be a term of every contract entered into: -
That the funds of the Society alone are to be held liable for any debts, obligations or engagement’s incurred or entered into.
That no member or officer of the Society is to be under personal liability in respect of any activity undertaken by them diligently and in good faith on behalf of the Society.
That funds of each member alone are liable for the obligation of theirs and that no member is authorized to impose any obligation on the Society.
Income, money and properties of the Society in whatever manner derived will be applied solely towards the maintenance, up keep and improvement of the same and for promotion of its objects and ideals and no portion thereof shall be paid or transferred by way of profit to any of its members. This shall preclude payment of any suitable remuneration or honorarium to member in return for services rendered.
The Society may sue or be sued in the name of the Secretary General as per section 6 of the Societies of Registration Act 1860.
Disputes Relating To Society
All disputes related to or touching upon in any manner, any matter connected with the Society between members and the Society of between the members of the Governing Council or between members of the Society shall be settled by the conciliation and in the event of the conciliation failing, these shall be settled by an arbitrator to be appointed by the Secretary General in accordance with the rules of conciliation and arbitration of International centre for alternative dispute resolution.
A member of the governing council shall submit the resignation to the governing council through the Secretary General: The governing council may call upon the member to explain the reasons of the resignation.
An office bearer of the governing council shall submit the resignation only in a governing council meeting through the President or the Working President.
Filling of Casual vacancy:
A casual vacancy in the post of members or office bearers of the governing council other than the President Secretary of Treasure shall be filled in a meeting of the governing council called for this purpose.
A casual vacancy in the office of the Secretary General or Treasurer shall be filled in by nomination by President/Working President.
A casual vacancy in the office of President/Working President shall be filled in by the Governing Council in its meeting.
A casual vacancy in the office of the auditor due to resignation shall be filled in extra ordinary general meeting. The governing council shall fill in a vacancy in the office of auditor due to any other reason.
Settlement of disputes – in the case of any dispute amongst the members, the same shall be referred to a select committee appointed by the governing council for this purpose. Such committee shall consider the point referred to it by the governing council and shall also hear the parties to the dispute either in person or in writing and submit its recommendations to the governing council within the timeframe specified.