Dear Comrades,
Placed here under is the copy of the Constitution of ITPF (Memorandum of Association and Rules and regulations)  as approved both at the Haridwar Convention and later at the Sectt, meeting held at New Delhi. We request all of you to kindly go through the same for any omission or commission and write back to us immediately for necessary action at our end.Once the same is submitted to the Registrar of Societies, it would be difficult to carry out any amendment atleast for some time to come.We again remind the General Secretaries/Secretaries ofthe affiliated Associations to kindly send to us (both by post and by e mail)copy of their constitution if the same has been registered by the respective Registrar of societies.  We need this for submitting applications.  The full address, PAN No.of the Association etc. may also be sent to us.   with greetings, yours sincerely, KKN. Kutty. Secretary General.

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, health, 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, earnings, 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 members 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.

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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 A/2/95 Rajouri Garden,  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 Department shall be eligible to become a member of 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 upto 500.          Rs. 2000 p.a

(b)Membership: 500-1000          Rs. 3000 p.a.

                        (c)Membership 1000-2000         Rs. 4000p.a

(d)Membership above 2000                Rs. 5000p.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.     Delegates  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.     The conference shall ordinarily meet once in three years at a convenient place and time to be formally notified and will consider inter alia the following agenda.

(i)        To consider and adopt the report of the Secretary General and audited statement of accounts approved by the Working Committee

(ii)        To elect Office bearers.

(iii)      To consider matters as may be referred to by the working committee.

(iv)        To amend the constitution for which proper notice is given

(v)    To pass resolutions for which prior notice is given.

(vi)      To consider the budget estimates for the next term.

(vii)     To appoint Internal auditor and Chartered Accountant for the ensuing term.

(viii)      To consider any other with the permission of the President or the Chair

10.   Special Delegates Conference:  A Special Delegates 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 to represent its Secretary /General Secretary and shall meet once in a year to consider inter alia 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 shall be taken 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.     Chief Patron;

                        2.     Patron

3      The President

4.     Six Vice Presidents

5.     Secretary General

6.      Additional Secretary General

7.     Joint Secretary.

8.     Finance secretary

9.     Six Assistant Secretaries who shall be nominated by the President in consultation with and the consent of the Secretary General.

10.   One Organising Secretary for each affiliate nominated by the respective affiliate.

Explanation:  

a. The Members of the Secretariat shall be the primary members of any of the affiliated units.

b. All the members of the Secretariat other than Assistant Secretaries and Organising 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) Each affiliate shall be entitled to nominate one of its primary members as the Organising Secretary of the ITPF. The person so nominated shall be a member of the ITPF Secretariat.

(e)The term of office of the Secretariat shall be three years.  They are eligible to be re-elected in the delegates conference.

(f).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)    Chief Patron and  Patron:  They will attend all meetings of the ITPF Secretariat, Working Committee and the Delegates Conference and will guide the members of the Sectt, Working Committee and delegates of the Conference as the case may be to ensure the well functioning of the ITPF. They shall be the members of the Sectt. Working Committee and delegate for the Conference.

(b)       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.

(c).      Vice Presidents:  Vice Presidents shall assist the President.  In the absence of the President, one of the Vice Presidents shall preside over the meetings.

(d).       Secretary General:  Secretary General shall be 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 of the Secretariat.   He shall be the joint signatory with Finance Secretary for operating the Bank accounts. He shall be allowed to keep an amount of 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.

(e).      Additional Secretary General.  The Additional Secretary General shall assist the Secretary General on day to day functioning of the ITPF.  In the absence of the Secretary General, he  shall function as the Secretary General of the Federation.

(f).      Jont Secretary. In the absence of both the Secretary  General and the Additional Secretary General, the Joint Secretary shall act as the Secretary General. In the normal course he shall assist  the Additional Secretary General and shall carry out the functions specifically assigned to him by the Secretary General.

(g)    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 allow to keep an amount of  cash of Rs.5000/- with the Secretary General.  He shall render audited accounts to the meeting of the working Committee and the Conference. 

(h)       Assistant Secretaries:  The Assistant Secretaries shall function under the guidance and direction  of the Secretary General. 

(i) Organising Secretaries. The  Organising Secretaries shall function as  link between the affiliates and the ITPF Secretariat. They will be ex-officio members of the  Secretariat of the respective affiliate. They will report the deliberations of the ITPF Sectt. to the Sectt. of the affiliate and vice versa. They will ensure the carrying out the decisions of the ITPF in the respective affiliates. The Organising Secretaries shall also carry out the functions specifically assigned to them by the Secretary General. 

17.   Accounting year:  The accounting year of the ITPF  shall be the financial year i.e. from 1^st of April to 31^stof March and the account shall be audited each year by the auditor and  the Chartered Accountant 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 in any of the  Scheduled Banks 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 shall be held triennially.  The nomination of Assistant Secretaries and Organisational Secretaries shall be made as per the procedure and provisions made in the provisions 15(9)  and 15(10) of the rules and regulations of the constitution. 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.

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