DRAFT
CONSTITUTION
OF THE
INCOME-TAX
PE SIONERS FEDERATION.
MEMORANDUM
OF ASSOCIATION
1.
Name:
The name of the Association shall be the “Income-tax Pensioners’ Federation”
hereinafter referred to as ITPF
2. Headquarters: The headquarters of the ITPF shall be at New
Delhi.
3. JURISDICTION:
The jurisdiction of the ITPF extends to whole of India. Any dispute arising from the action
taken in consonance with the provisions of this constitution shall, therefore,
only be under the jurisdiction of the Courts of law situated in New Delhi.
4.
Aims
and objects: The aims and objects shall
be:-
i)
To
organize the pensioners of Income-tax Department and formation of Pensioners’
Associations.
ii)
To
secure, protect, promote and safeguard the interests and rights of the
Income-tax Pensioners and Family Pensioners and to take such measures as may be
necessary to achieve the objectives.
iii)
To take such measures as considered necessary
to ensure speedy implementation of orders of the Central Govt. or of judicial
decrees under which relief to pensioners is given.
iv)
To
affiliate with National Co-ordination Committee of Pensioners’ Associations.
v)
To work in co-ordination with organizations
having similar objectives for the wellbeing of the members of the ITPF.
vi)
Promotion
of education, literature, fine arts, charity and sports among members of
affiliated Associations and their families.
vii)
To
co-ordinate and guide the activities of the affiliated Associations.
viii)
To do
all such things as are incidental to or conducive to the attainment of the aims
and objects mentioned above.
NOTE: 1. All the income, earnins,
moveable, immovable properties of the ITPF shall be solely utilized and applied
towards the promotion of its aims and objects set forth in the memorandum of
association and no profit thereof shall be paid or transferred directly or
indirectly by way of dividends, bonus,
profits or in any manner whatsoever to the present or past member s of the ITPF
or to any person claiming through any one
or more of the present and past members.
Note 2: No member of the Federation shall have any personal
claim on any moveable or immovable properties of the ITPF or make any profit, whatsoever by virtue of its membership.
DRAFT
CONSTITUTION OF THE
INCOME-TAX PE
SIONERS FEDERATION.
RULES AND REGULATIONS
1.
Name:
The name of the Association shall be the “Income-tax Pensioners’ Federation”
hereinafter referred to as ITPF.
2.
Headquarters: The headquarters of the ITPF shall be at
……………………………………., New Delhi.
3.
JURISDICTION:
The jurisdiction of the Federation extends to the whole of India. Any
dispute arising from the action taken in consonance with the provisions of this
constitution shall, therefore, only be under the jurisdiction of the Courts of
law situated in New Delhi.
4.
Membership:
Any Association/Union of the Pensioners of the Income-tax Departmentf shall be
eligible to become a member ITPF provided it agrees to abide by the rules and
regulations of ITPF. The
Associations/Unions , which are so admitted as members will abide by the
decisions taken by the ITPF.
5.
ADMISSION.
Any Association/Union of pensioners of Income-tax Department desirous of
becoming a member shall make an application in writing to the Secretary General,
ITPF together with affiliation fee of Rs.1000/- (Rupees one thousand only)
along with a copy of its memorandum of Association and Rules and Regulations or
Bye laws as the case may be together with latest annual report and audited
statements of accounts if any, giving the number of its members. The Secretariat will be competent to admit
such Association/Union as a member of ITPF.
6.
FORFEITURE
OF MEMBERSHIP:
(a)
Any affiliated
member Association/Union may be disqualified of its membership of the ITPF if
it is in default of subscription for more than one year or it is working
against the interest of the ITPF. The
disqualification is done by the Working Committee after affording an
opportunity of being heard to such Association/Union by the Secretariat
(b)
Such
membership may be restored on payment of all dues subject to the approval of
the Secretariat.
7.
SUBSCRIPTION: All affiliated Association/Union shall pay an
annual Subscription to the ITPF as
follows:
a)
Membership
up to 500 Rs.2000
p.a.
b)
Membership
above 500 and upto 1000 Rs.3000 p.a.
c)
Membership
above 1000 and upto 2000 Rs.4000 p.a.
d)
Membership
above 2000 Rs.5000
p.a.
8.
ORGANISATION
AND MANAGEMENT: For the management,
administration and governance of the ITPF there shall be
i)
Delegates
Conference;
ii)
Working
Committee and.
iii)
Secretariat
9.
DELEGTATES
CONFERENCE
a) The Delegates conference
shall be the supreme body of the ITPF consisting of the Secretariat; working
committee members and delegates authorized by the affiliated units. The Association/Unions may send one delegate
for every 100 members or part thereof subject to a minimum of one delegate for
each affiliated unit.
b)
The
conference shall ordinarily meet once in three years at a convenient place and
time
i)
To consider
and adopt the report of the Secretary General and audited statement of accounts
approved by the Working Committee
j)
To
elect Office bearers.
k)
To
consider matter as may be referred to by the working committee.
l)
To
amend the constitution
m)
To
pass resolutions
n)
To
consider the budget estimates
o)
To
appoint auditor.
p)
To
consider any other matter for which
notice is given.
10.
Special
Delegates Conference: A Special
conference may be convened
a)
on
the recommendation of the Working Committee
b)
On a requisition made by not less than two
third of the affiliates.
c)
On
the directions of the Registrar
11.
Notice.: The notice for the Delegates conference
shall be given at least 45 days in advance and Special Conference 30 days.
12.
Quorum: The quorum for conference and special
conference shall be one third of the total number of affiliates. In the event of quorum being not available
within 30 minutes of the scheduled time of the meeting, the meeting shall be
adjourned for 30 minutes. If there is
still no quorum the adjourned meeting can proceed with the members present and
transact business notified in the agenda.
13.
Voting
Power: Voting power of each affiliated unit shall be on the basis of one vote
for every hundred members of part thereof subject to a minimum of one vote for
each affiliated unit. Every delegate who
is present in the conference shall have one vote. The President of the Conference shall have
the casting vote.
14.
WORKING COMMITTEE: The Working Committee shall
consist of Members of the Secretariat and Secretary/ General Secretary of the
affiliated units or any other office bearer nominated by the affiliated
association/union.
(a)
The
Working Committee shall meet once in a year to consider the following.
(i)
To
consider annual report of the Secretary General
(ii)
To
consider and approve audited accounts
(iii)
To
consider resolutions
(iv)
To
consider any other matter with the permission of the chair.
Note: Decision in the Working
Committee is on the basis of views expressed by majority of the members present
in the meeting.
15.
SECRETARIAT:
The Secretariat shall consists of the following: -
1.
The
President
2.
Two Vice
Presidents
3.
Secretary
General
4.
Two Joint
Secretaries
5.
Finance
Secretary and
6.
Four
Assistant Secretaries who shall be nominated by the President in consultation
with and the consent of the Secretary General.
Explanation:
a. The Members of the
Secretariat shall enjoy the primary membership of their respective affiliated units.
b. All the members of the
Secretariat other than Assistant Secretaries shall be elected by the Delegates Conference
with their consent to be expressed in writing though they may not be physically
present in the conference.
c.
The Assistant
Secretaries shall be nominated by the President in consultation with and
consent of the Secretary General. The
person so nominated as Assistant Secretary shall be a primary member of the
affiliated Association/Union. The President shall consult with the General
Secretary/Secretary of the affiliated Association/union in which he is a
primary member before such nomination is made.
d.
Term
of office of the Secretariat shall be three years. They are eligible to be re-elected in the delegates
conference.
e.
Filling
up of vacancies in the Secretariat: The
vacancies in the secretariat shall be filled up by President after getting
approval of the Secretariat and the working committee.
16.
POWERS
AND FUNCTIONS.
a.
President:
President shall preside over all meetings of the Secretariat, Working committee
and Delegates Conference. In all matters
of procedure, the ruling given by the President shall be final. He shall have
the casting vote.
b.
Vice
Presidents: Vice Presidents shall assist
the President. In the absence of the
President, one of the Vice Presidents shall preside over the meetings.
c.
Secretary
General: Secretary General shall the
Chief Executive of the ITPF. He shall
carry out the mandate of the Conference, the Working Committee and the Secretariat. He shall conduct all correspondence and make
representation with the authorities concerned.
He will prepare the annual report to Working Committee and Conference He shall maintain all records, convene the meeting
of the Secretariat, working committee and the conference and do such other things
as may be necessary from time to time.
Between the meetings he will act on matters of vital importance on the
basis of the views of the majority of
the members of the Secretariat. He shall be the joint signatory with Finance
Secretary for operating the Bank accounts. He shall be allowed an impress Cash
of Rs.5000/- (Rupees five thousand only) and shall render accounts for the same
to the Finance Secretary. He will also
have powers to incur expenses of recurring nature.
d.
Joint
Secretaries: The joint Secretaries shall
assist the Secretary General on day to day functioning of the ITPF. In the absence of the Secretary General, one
of the Joint Secretary shall function as
the Secretary General of the Federation.
e.
Finance
Secretary: Finance secretary shall be
responsible for the maintenance of accounts and will be responsible to the
working committee for rendering proper accounts of the monies vested with
him. He shall operate the Bank accounts
along with the Secretary General. He shall keep an impressed cash of Rs.5000/-
with the Secretary General. He shall
render audited accounts to the meeting of the working Committee and the
Conference.
f.
Assistant
Secretaries: The Assistant Secretaries
shall function under the guidance of the Secretary General.
17.
Accounting
year: The accounting year of the ITPF shall be the financial year i.e. from 1st
of April to 31stof March and the account shall be audited each year
by the auditor nominated in the Delegates Conference.
18.
Funds: Funds of the ITPF consists of affiliation
fees and subscription from affiliated units.
In addition the Federation may also receive donations and grants and
collection by circulation of periodicals . The
Funds of the Federation shall be deposited either in a Scheduled Bank in
the name of the ITPF and shall be
operated jointly by the Secretary
General and the Finance Secretary.
19.
Audit
of accounts: The accounts of the
federation shall be audited and presented to the delegate conference after its
approval in the Working committee.
20.
Election.
Election to the members of the Secretariat
other than Assistant Secretaries shall be held triennially. The entire process of election viz. calling
for nomination, withdrawals, declaration of names of eligible candidate and the
actual election if there be a contest shall be commenced and completed at the
conference of the ITPF itself.
21.
Affiliation:
The ITPF shall be affiliated with the National Co-ordination Committee of
Pensioners Associations. It may seek
affiliation with any other all India organization of pensioners or world body
of pensioners/retired personnel, if decided by the Working Committee.
22.
Amendment: The amendment to the Constitution (Memorandum
of association and rules and regulations) shall be made in the Delegates/Special
Delegates Conference only if two third of the delegates present at the
conference votes in favour of such amendments
23.
Dissolution: Dissolution of the ITPF can be decided upon
by a Special Delegates Conference called for the purpose after giving one
months notice. The ITPF can be dissolved
only if three fifth of the affiliates
present in the conference approves the dissolution.
24.
Registration: The ITPF shall be registered with the
Registrar of Societies in India at New Delhi and will abide by its rules and
regulations.
25.
Notwithstanding
anything ibid, the provisions of Societies Registration Act 1860 shall be
applicable.
