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1. The name of the Institute (hereinafter called 'the Institute') is 'Indian Institute of Materials Management.
2. The Registered Office of the Institute shall be situated in Mumbai.
3. The objectives for which the Institute is established are
i) To take over from the Trustees or other person or persons of the Indian Association of Materials Management, all the Properties of the said Association which can legally be vested in the Institute and to assume the liabilities and obligations thereof with power, authority to sell, alienate, discharge, vary or otherwise dispose of the said property and other assets or any part thereof;
ii) To secure a wider recognition and promote the importance of Management movement and specially Materials Management in all spheres and fields and in all types of institutions, companies, undertakings In India and abroad.
iii) To safeguard and elevate the professional status of, and to bring into association and friendly relationship amongst those engaged in management and specially Materials Management.
iv) To improve the general and professional knowledge of management by stimulating thoughts and to put In efforts in securing and disseminating information regarding management practice including that of procurement, marketing, manufacturing, logistics, EDI, disposal functions, etc. by organising lectures, conferences, seminars, exhibitions, factory visits, library research, consultancy, publication, editing etc. and to avail of any other facilities towards these objectives.
v) To formulate curriculum of study and training of own or in association with other institution/universities (in India or abroad) and to be a franchise agency to conduct courses of other institutions/universities and to sponsor courses and examinations to award certificates, diplomas, distinctions, prizes and awards etc. with a view to developing professional calibre of persons.
vi) (a) To promote the high standard of commercial morality and just and honourable practice in the conduct of business in all matters amongst Its members.
(b) To observe the following code of conduct and ethics
1. To consider first the TOTAL interest of one's organisation in all transactions without impairing the dignity and responsibility of one's office;
2. To buy without prejudice, seeking to obtain the maximum ultimate value for each Rupee of expenditure.
3. To subscribe and work for honesty and truth in buying and selling to denounce all forms and manifestations of commercial bribery, and to eschew antisocial practices.
4. To accord a prompt and courteous reception, so far as conditions will permit, to all who call upon a legitimate business mission.
5. To respect one's obligations and those of one's organisation, consistent with good business practice.
vii) To establish and support or to aid in the establishment and support of Branches of the Institute and of any other institutions formed for any or all of the objectives of this Institute and not for purpose of profit.
viii) To publish, edit, reprint or sponsor any periodicals, books, pamphlets, news bulletins Including on electronic media and any such form which may be developed In future, for the Institute that may be desirable for promotion of its objectives.
ix) (a) Professional Development Fund and other Funds may be established/created as may be deemed fit by the Institute to which all monies received/ collected for the respective specific purpose shall be credited to meet expenditure to be Incurred for that purpose.
(b) To accept or collect from Members of the public or otherwise testamentary gifts of any kind subject to the provisions of the Societies Registration Act 1860;
x) To purchase, take on lease or in exchange, hire or otherwise acquire any real or personal property and rights or privileges which the Institute may think necessary or convenient for the promotion of its objectives and to construct, maintain and alter any buildings, erections, necessary or convenient for the work of the Institute;
xi) To sell, let out, mortgage, dispose of, transform or turn to account all or any of the property or assets of the Institute as may be thought expedient in consonance with the objectives of the Institute.
xii) To undertake and execute any trusts which may lawfully be undertaken by the institute and may be conducive to its objectives;
xiii) To borrow or raise money for the purpose of the Institute on such security as may be thought fit;
xiv) To invest the money of the Institute not immediately required for its purpose in or upon such investments including fixed or short term deposits, securities or properties as may be thought fit but so that monies, subject to legal jurisdiction, shall only be invested in such securities and with such sanction (if any), as may for the time being be as prescribed by law;
xv) To establish and support or aid in the establishment and support of any charitable or benevolent associations or institutions and to subscribe or guarantee money for charitable or benevolent purposes in any way connected with the objectives of the institute or created to further its objectives In India or abroad.
xvi) To maintain constructive liaison with organisations interested in management in India or abroad and to further the objectives of the Institute.
xvii) To form, create or establish groups or bodies within the Institute with the specific purpose and that groups bodies, etc. so formed/created shall be the part of the institute.
xviii) To do all such other things as may be necessary for or incidental or conducive to the attainment of the above objectives or any of them And it is hereby expressly declared that the aforesaid objectives, privileges, advantage, concessions and benefits shall be conducted and be made available only to the members of the Institute.
xix) Activities of the Institute shall have no boundaries whether geographical industry-wise, country-wise or of any other nature.
4. The income and property of the Institute wherever derived shall be applied solely towards the promotion of the objectives of the Institute and no portion thereof shall be paid or transferred directly or indirectly by way of profit to the persons who at any time are or have been members of the Institute or to any person claiming through any of them. Provided that nothing herein contained shall prevent the payment in good faith of remuneration to any officers or servants of the Institute or to any other member thereof or other person in return for any service actually rendered to the institute or the payment of interest on money borrowed from any members of the Institute.
5. The liability of the members is limited but if any member of the Institute pays or receives any dividend bonus or other profits in contravention of the fourth paragraph of the Memorandum, he shall refund the same to the Institute.
6. Every member of the Institute undertakes to contribute to the assets of the Institute in the event of its being wound up during the time that he is a member or within one year afterwards for payment of the debts and liabilities of the Institute, contracted before the time at which he ceases to be a member and for all the cost, charges and expenses of contributories among themselves such amount as may be required not exceeding Re.1/-
7. If upon winding up or dissolution of the Institute there remains after the satisfaction of all its debts and liabilities any property whatever, the same shall be paid to or distributed among the members of the institute but shall be given or transferred to some other society or societies as provided under the Bye-Laws.
8. Any amendments, alterations, or modifications to the Memorandum of the Institute or Bye-Laws shall be brought about only by the National Council and fully in accordance with the provision of the Bye-Laws in force from time to time.
RULES AND REGULATIONS
1. In these Bye-Laws the following definitions shall apply, if not inconsistent with the subject or context :
"The Bye-Laws" means the Bye-Laws of the Institutes in force from time to time.
"The Institute" means the Indian Institute of Materials Management.
"Member" means any class of member of the Institute other than a Distinguished Member.
"The National Council" means the National Council of the Institute elected in the manner prescribed by these Bye-Laws.
"The President" means the President of the Institute
"The Senior Vice-President" means the Senior Vice- president of the Institute.
"The Vice-President" means the Vice-President of a region of the Institute.
"The Honorary National Secretary/Treasurer" means the National Secretary/Treasurer of the Institute.
"The Executive Secretary" means the paid Secretary of the Institute.
"The Branch Committee" means the Executive Committee of any of the Branches established throughout India on the basis prescribed under these Bye-laws.
"General Meeting" means the General Meeting of the Members of the respective Branches of the Institute and of the Institute.
"The Chairman" means the Chairman of the Branch Committee.
"The Vice-Chairman" means the Vice-Chairman of the Branch Committee.
"The Secretary" means the Honorary Secretary of the Branch Committee.
"The Treasurer" means the Honorary Treasurer of the Branch Committee.
"The Convenor" means the Convenor of any Chapter established on the basis prescribed under the Bye-Laws.
"The Year" means the Institute's year commencing on the 1st of April and ending on the 31st of March of the following calendar year.
"The Month" means calendar month.
In writing means the written, printed, fax, E-mail, telegram, telex or any other mode which may be developed in future or lithograph or any other modes of presenting or reproducing words in a visible form.
"Election Officer" means and includes a member appointed by:
a) The National Council to conduct the elections of the National Office bearers and / or.
b) The Branch Committee to conduct the elections of the Branch Committee.
Such Election officer shall not be the person contesting the election of National Office Bearers or Member of the Branch Committee.
"National Councillor" means the member of the National Council duly elected by a branch.
"National Executive Committee" means a body consisting of the following: (a) The President, (b) The Senior Vice President (c) The Vice Presidents (One per region), (d) The Honorary National Secretary-Treasurer (e) Immediate Past President. The President Is empowered to nominate any person/member as an Invitee.
"The National Headquarters" means the establishment of the Institute, situated In Mumbai.
"Office-bearers" means the following:
a) "The National Office-bearers" shall Include the following only:
(i) The President, (ii) The senior Vice President, (iii) The Vice Presidents - one each per region and (iv) The Honorary National Secretary/Treasurer.
b) "The Branch Office Boarers- shall Include the following only:
(i) Chairman (ii) Vice Chairman (iii) Honorary Secretary and (iv) Honorary Treasurer.
vi) "An Office of any kind" shall include the following only:
(a) President (b) Senior Vice President (c) Vice President (d) National Secretary - Treasurer (e) Chairman (f) Vice Chairman (g) Honorary Secretary (h) Honorary Treasurer
"The National Award" shall mean and include only an Award given called specifically "The National Award" as discussed in bye-law 15.
2. Words importing the singular number only shall include the plural number, and vice versa.
3. Words importing the masculine gender only shall include the feminine gender.
4. Subject as aforesaid, any words or expression defined in the Act or any statutory modification thereof in force at the date on which these Bye-laws become binding on the Institute shall, if not inconsistent with the subject or context, bear the same meaning in these Bye-laws.
5. The Institute is established for the purposes expressed in the memorandum of Institute.
MEMBERSHIP
6. In accordance with provision hereinafter contained, Branch Committees shall admit persons of good standing as members of the Institute.
7. Applicants for membership should satisfy the Branch Committees with regard to their eligibility to participate in the respective grades of membership of the Institute, both in respect of character and duties performed.
They shall furnish the Branch Committees with such details as may be required of them.
8. The shall be two classes of membership:
A. MEMBERS
1. Fellow Member
2. Member
3. Associate Member
4. Institutional Member (Large, Small & Others)
5. Life Fellow Member
6. Life Member
B. HONORARY MEMBERS
1. National Awardee
2. Distinguished Member
3. Hon. Fellow Member
ELIGIBILITY
9. FELLOW MEMBER
a) Any person with a senior status in the field of Materials Management for a period of at least 15 years shall be considered eligible for membership.
b) He shall not be less than 40 years of age at the time of admission.
c) He shall hold a University Degree or Diploma or have attended recognised course in Materials Management.
10. MEMBER
a) Any person working In the field of Materials Management or allied areas having minimum experience of two years, and
b) He shall not be less than 23 years of age at the time of admission, and
c) He shall hold a University Degree In any discipline or Diploma In Engineering or has passed a Course in Materials Management approved by the Institute.
Explanation: The Institute shall Issue an approved list of Courses for this purpose.
11. ASSOCIATE MEMBER
a) Any person engaged in Management activities for a minimum of one year, and
He shall hold a University Degree in any discipline or diploma In Engineering or has passed a Course In Materials Management approved by the Institute.
Or
A person attending an Education Course of the Institute.
And
b) he shall not be less than 18 years of age at the time of Admission
Explanation: The Institute shall issue an approved list of Courses for this purpose.
12. The National Executive Committee, in exceptional cases, may exempt persons considered for membership from all or any of the above requirement on merits.
13. INSTITUTIONAL MEMBER
a) Large:
Any firm, corporation, institution or enterprise shall be eligible for membership having a paid up capital of more than Rs. 1.00 Crore or an overall annual turnover of more than As. 50.00 crore.
b) Small:
Any firm, corporation, Institution or enterprises having SSI registration.
c) Others:
Any Institution, which does not fall into the categories is described under (a) and (b) above, but interested in the advancement of the objectives of the Institute as described above shall be governed under this category.
Note: The Institutional Members shall be eligible to nominate as under from within their own Organisation and names of such nominees shall be notified in writing to the respective Branch Committee.
Category No. of Nominees
Large TWO
Small & Others ONE
Such members shall not be Eligible for election as office bearers at National or Branch levels.
14. LIFE FELLOW MEMBER/LIFE MEMBER
a) A Fellow Member/Member shall be converted to a Life Fellow Member/Life Member on paying a contribution as stipulated by the National Council in terms of bye- law 21(c) in one Lumpsum and he shall be exempted from paying further membership subscription for Life.
b) If a new applicant wishes to opt for Life Membership, he shall also pay the prescribed entrance fee.
15. HONORARY MEMBER
The National Council may confer "NATIONAL AWARD", "DISTINGUISHED MEMBERSHIP", "HONORARY FELLOW MEMBERSHIP" on such persons who have rendered exceptionally valuable service in promoting the objectives of the Institute and the profession.
16. a) Honorary Membership is conferred for their Life time.
b) Honorary Members are exempted from payment of Entrance fee and membership Subscription.
c) Honorary Members shall neither be elected to the National Council nor shall hold any position of National Office bearers or branch Office bearers, However, they could be nominated by the National Council or the Branch Committee to head any committee and to perform any special task.
17. Application for membership other than shall be submitted to the branch concerned in duplicate in the form prescribed for the purpose along with the prescribed entrance and membership fees which shall be refunded if the applicant is not admitted to membership.
18. a) Applications for membership shall be received and approved by the Branches after scrutiny as to eligibility. Copies of applications from candidates who are found acceptable shall be forwarded to the Headquarters. Headquarters / Branches shall not consider any application which are not within their jurisdiction but shall forward the same to the Branch concerned.
b) One copy of the applications which is rejected by any Branch shall be forwarded to Headquarters with reason for rejection for review and record.
19. When an application is accepted as above, the applicant shall be notified in writing by the Branch, or Headquarters.
20. The entrance fee for each category of membership, as applicable, shall be fixed, from time to time, by the National Council, in line with bye-law 21 (c).
21. a) The annual subscription which shall be fixed from time to time by the National Council in accordance with bye-law 21 (c) shall be payable on 1st of April every year.
b) A member intending to proceed abroad and wants to continue his membership will be charged an extra amount per annum as determined by the National Council from time to time to meet the cost of postage for journals, circulars, etc.
c) The National Council Is empowered to revise the Entrance fee and or Membership subscription at any of its duly constituted meetings with the consent of majority of members present at that meeting. Such revisions shall not be treated as amendments to the Memorandum, Rules & Regulations & Bye-Laws.
d) All members with the exception of Life Members and Life Fellow Members who are admitted after 30th September of any fiscal year (April to March) shall pay only half the annual subscription for the year.
e) All annual subscription shall be paid in full and not by instalments.
f) i) Institutional / Associate members shall not be entitled to contest any of the elections entitled to contest any of the elections either at branch or National H.adquarters.
ii) Minimum age for election In branch or at Headquarters shall be 30 years on the date of the nomination and shall have completed minimum two year membership of Institute.
22. Any member whose subscription is in arrears and who does not pay such arrears on or before 30th June duly recorded and acknowledged at National headquarter shall lose his membership and such member even if he pays the arrears after 30th June, as hereinafter mentioned, shall not be eligible to vote. Further such a member in arrears as on 30th June shall not be entitled to file nomination and contest any election of the Institute, whether at Branch level or National Level and shall not be entitled to propose or second a candidature of any member for the election/s of the Institute as mentioned above.
Provided further that If any member who failed to pay his subscription on or before 30th June and gets elected to Branch Committee or National Council in contravention of this Regulation, his election shall be held null and void and the National Council shall be authorised to take appropriate action in each such case, as it may think fit. The decision of the National Council shall be final and binding upon all concerned. Such person, firm, Corporation or institution, if removed from the list of members for default in payments of subscription, any seek re-admission which shall be conditional upon payment of all arrears of subscription. In due course, the Branch shall advise Headquarters of the action taken by the Branch.
23. a) The Branch may after adopting a resolution In the Branch Committee, recommend the removal of a member from the rolls of membership, if it finds that his/her membership is prejudicial to the interest of the Institute and such resolution shall be sent to Headquarters for consideration by the National Executive Committee.
b) The National Executive Committee is vested with suo moto powers to remove a member or members belonging to any category of membership hereinabove mentioned from the rolls of the Institute if It believes or is caused to believe that continuance of such member/ members with the Institute would/could be prejudicial to the interest, of the Institute in any manner.
c) The National council on an appeal from the concerned affected members/s shall review and take a final decision with at least two third majority of the members present at that meeting.
24. Any member of the Institute may send his resignation to the branch to which he is affiliated. Upon acceptance by the Branch of the resignation, he ceases to be a member of the Institute, National head quarters shall be advised by the Branch of such resignation immediately for record purposes.
25. Any member who is no longer principally responsible for any activity in the sphere of Materials Management may continue his membership, unless for any special reasons the National Council, may deem it fit to decide against such continuation of membership.
26. Any member who shall for any reason cease to be a member shall nevertheless remain liable for and shall pay to the Institute all money's which at the time of his ceasing to be a member may be due from him to the Institute.
27. A member whose membership was terminated during any year shall not be entitled to any rebate of subscription paid or payable for that year irrespective of the date on which his membership is terminated.
VOTING RIGHTS
28. Fellow Members, Members, Life Members, Life Fellow Members and each representative of Institutional Members shall be entitled to one vote each at the General meetings of the National Council and Branches.
However, the same individual cannot exercise more than one vote.
Honorary and Associate Members are not entitled to vote.
NATIONAL COUNCIL
29. The Institute shall be governed by the National Council and shall operate with Branches established throughout the country with the territories defined from time to time.
30. The Management of the affairs and business of the Institute shall be vested in the National Council, who in addition to the powers and authorities by these clauses or otherwise expressly conferred on them, may exercise all such powers and do all such acts and things as may be exercised or done by the Institute or are hereby or by statute expressly directed or required to be exercised or done by the Institute in General Meetings.
31. The number of members of the National Council at a Branch shall be determined from year to year depending upon the membership strength of each branch as provided hereunder provided that the President of the National Council may co-opt not more than 3 members.
a) Membership strength for calculation of number of National Council members and Executive Committee members shall be the total paid members of the branch in accordance with National headquarters record as of June 30 (bye-law 22)
Explanation:
i) In the event the Branch AGM and Election of National Council Members are scheduled after giving due length-of Notice, In April, Mayor June of any particular year say 1998, then the membership strength as of 30th June 1997 I.e. Subscription for 1997-98 and prior years shall have been received and recorded at National Head-Quarters aa of 30th June 1997 shall be applicable.
ii) In the event the Branch AGM and Election of National Council Members are scheduled after giving due length of Notice after 30th June in any year say 1998, then the membership strength as of 30th June 1998 i.e. subscription for 1998-99 and prior year should have been received and recorded at National Headquarters as of 30th June 1998, shall be applicable.
b) Notwithstanding the above, any member contesting for election of any position shall have paid the current year membership subscription and have no subscription arrears.
32. Each Branch shall elect and appoint to the National Council the number of National Council Members which it is entitled to nominate, from among its members on the following basis:
Where total membership does not exceed 50 -
Branch Chairman plus one National Council Member
Exceeds 50 but does not exceed 200 -
Branch Chairman, plus two National Council Members
Exceeds 200 but does not exceed 350 -
Branch Chairman, plus three National Council Members
Exceeds 350 but does not exceed 500 -
Branch Chairman, plus four National Council Members
Exceeds 500 -
Branch Chairman, plus five National Council Members
33. a) The members of the National Council shall be elected once every two years through the respective Branches. The Chairman of the Branch Committee shall be ex officio member of the National Council
b) The nomination form for election of members and office bearers to the Branch Committee shall have provision for the nomination of the National Council Member. National Council Members so elected shall automatically be members of the Branch Committee, without prejudice to clause 31.
34. The Branch Committee shall be responsible to the National Council and shall report to that body on their operation as prescribed by the Bye-laws governing Branches and Memberships, and as directed by the National Council from time to time.
35. The National Council shall meet at least once every quarter and in addition the President may authorise the equivalent of a meeting by means of correspondence, when in his opinion, such is deemed necessary, in such cases a circular resolution approved by a majority of three-fifth members shall be effective as resolution passed at an actual meeting. Amendment to the Memorandum of the Institute or Bye-laws shall not be made by circulation.
36. National Convention of the Institute shall be organised by or on behalf of the National Council from time to time.
37. The National Council shall hold an Annual General Meeting of the Institute at least once a year. At such meeting the business for consideration shall be that which is specified in Bye-law 98 herein. The incoming members, for the ensuing term of the National council, elected at the Annual General Meetings of the respective Branches held earlier, shall take over the affairs and business of the Institute from the outgoing National council, and shall continue in office until the corresponding meeting the following year.
38. The election of the Office Bearers for the following positions shall be held every second year by a postal ballot.
(i) President
(ii) Senior Vice-President
(iii) Five Vice-Presidents
(iv) Honorary National Secretary I Treasurer
All the above positions shall be elected on all India basis. However, the National Councillor contesting for the position of Vice President of a region has to be a National Councillor from any of the branches of the same region. The States / Cities under each of these 5 regions will be decided by National Council from time to time.
Whereas the functions of the President, Sr. Vice President and National Secretary / Treasurer shall be on all India basis, Vice Presidents shall be responsible mainly for their respective regions.
The President/National council can give specific responsibility / assignment to Vice President/ Vice Presidents.
39. The following procedures for the election of office bearers shall be followed.
a) A notice shall be issued at least thirty days in advance to all elected National Council members, inviting them to submit within fourteen days, nominations for the position of office-bearers in the prescribed form from among the National Councillors elected for the ensuing year.
b) An office-bearer shall not function consecutively in the same position for more than one term of two years. However a period pertaining to a position of an office bearer held to fill in casual vacancy shall not be counted for the purpose of applicability of Regulation 39 (b).
c) A member cannot seek election for more than one position of Office Bearer at Branch or National level nor shall he hold dual positions as office bearer at the Branch and/ or National Council concurrently.
Explanation
An eligible member is entitled to file nomination for more than one position of office bearer at Branch or National level provided before the last date for receipt of nominations at National Headquarters/ Branch, the member communicates in writing his choice of one single position. In the event such communication as prescribed above is not received, all the nominations of such members shall be treated as void.
d) Self nomination shall not be accepted. Each nomination has to be proposed and seconded. The nominee, proposer and seconder shall be National Councillors for the year for which office bearers are to be elected and whose subscription shall not be in arrears.
e) A nomination form shall be rendered invalid, if the number of nominations made thereon exceeds the number of seats.
f) After the last date for receipt of nominations, the Executive Secretary shall send each nominee for the position of office bearers, List of the persons duly nominated for the position concerned. If any member wishes to withdraw his name, he shall inform the Executive Secretary in writing to that effect, so as to reach the Institute's office within specified date after the closing date for receipt of nomination.
g) If the number of nominations for elections finally remaining after withdrawals, if any, is the same or less than the number of seats, the nominees shall be deemed to be elected subject to rules 37 & 38 of the Memorandum, Rules and Regulations of the Institute.
h) If the number of nomination for election is more than the number of seats, a list embodying the names of candidates duly nominated for election shall be notified to all the National Council Members. A ballot paper and a special envelope for returning the ballot paper to National Headquarters will also be sent along with this list to each National Council Member by registered post.
A list of eligible National Councillors entitled to vote at the election of the National Office bearers shall be compiled by the National Headquarters after taking into account the following:
i) The member concerned has paid the subscription on or before 30th June of the year.
ii) The member has been duly elected to the National Council or nominated in conformity with the provisions of these Regulations.
iii) The Branch has held Its Annual General Meeting for the year required and as per directive of the National Council and communicated the names of the National Councillors to the Executive Secretary within the time laid down for the purpose by the National Council. The list so compiled indicating thenames of the National councillors along with the Branches they represent shall be sent to all the National Councillors eligible to vote.
i) The National Councillors shall indicate their votes on the ballot paper and return it by registered post/courier/hand delivery in the special envelopes duly sealed, so that the same reaches the National Headquarters by the specified date. These envelopes shall be brought to a special election meeting of the National Council fixed in advance for a date immediately after the specified date for receipt of ballot papers containing the votes. The ballot papers will be opened in the presence of an Election Officer nominated by the National President. Such special Election Meeting of the National council shall ordinarily be held prior to Annual General Meeting of the Institute of that year.
j) The election will be conducted by the Election Officer and will be assisted by a scrutineer, both of whom have not been nominated for any office.
k) The Election officer shall declare the results of the election at the special meeting and the newly elected office bearers shall be called "President, elect" , Sr. Vice-president, elect", "Vice-President, elect", and "National Secretary/Treasurer, elect". These office bearers will takeover their respective offices at the next Annual General Meeting ordinarily to be held along with the National Convention every year.
40. If any office-bearer of the Branch Committee should be returned to the National Council and be elected there also as an office bearer of the National Council, the Branch Committee shall appoint a new office-bearer from among the elected Branch Committee Members to fill the vacancy so caused.
41. The President holding office during any term of the National Council shall continue to be a member of the National Council during the term of the succeeding National Council and for the purpose, the Branch he represents shall automatically elect him as a member of the National Council for the succeeding term.
The office bearers of the Institute shall continue for a term of two years.
42. The President shall preside over all the meetings of the National Council Whenever the President is not available, the Sr. Vice President and in his absence one of the Vice- Presidents shall take the Chair and Conduct the proceedings of the meeting and all decisions and conclusions reached at such meeting shall be fully binding on, the National Council and the Institute.
43. The minimum number of Members, including office bearers to make a quorum for the meeting of the National Council shall be ten members and five Branches.
44. Meetings convened by the National Council shall proceed to consider and transact the business of the agenda only, if the members attending make a quorum present; and if there should be no quorum present the meeting shall be adjourned to any suitable date during the following fifteen days a notice of which shall again be given to all members of the National Council, at such adjourned meetings, regardless of whether or not the requisite quorum is present the members attending shall proceed with the business on the agenda prepared and circulate for the original meeting and decisions and conclusions reached at such adjourned meetings shall be fully binding on the National Council and the Institute.
45. Should any member of the National Council be unable to attend any meeting of the body the Branch that he represents may; for that meeting, nominate a substitute National Council Member, who shall be vested with all powers of the regular National Council Member, he is substituting. An office-bearer of the National Council, who absents himself from three consecutive meetings of the National Council, with out obtaining leave of absence from the National Council (which will have to be duly noted into the Minutes of the Meeting of the National Council) shall cease to be an office-bearer for the remaining term of his office. Provided further, the National Council shall fill in the casual vacancy so caused, in accordance with the provision of these Rules and regulations.
46. a) If a vacancy should arise in the office of the President of the Institute between two Annual General Meetings the Senior Vice President shall be elected to be the President for the rest of the term and one amongst the Vice Presidents shall be elected to be the Senior Vice President for the rest of the term.
b) In the event of vacancy arising in the office of Vice president for whatever reasons, such casual vacancy shall be filled by nominating one of the members of the National Council from the concerned region, who shall hold the office of the Vice President representing the respective region for the rest of the term.
c) In the event of vacancy arising in the office of National secretary/Treasurer, such casual vacancy shall be filled by National Council nominating one of the members of the National Council on All India basis, at the meeting of the National Council. who shall hold that office for the rest of the term.
d) In the event of vacancy arising amongst the members of the National Council, (other than in the office of National Office-bearers), the Branch in whose representation the vacancy has fallen, shall nominate a member to the National Council for the rest of the term.
47. At any meeting of the National Council, a resolution put to vote at the Meeting shall be decided on a show of hands, unless a poll is demanded, and unless a poll is so demanded, a declaration by the President that a resolution, on a show of hands, been carried, or carried unanimously or by a particular majority or lost, and an entry to that effect in the book of proceedings of the meeting of the National Council, shall be conclusive evidence of the fact.
48. In the case of equal division of votes when a resolution is put to vote the President shall be entitled to a casting Vote.
49. The President ahall be responsible for the day-to-day functioning of the National Council and also for the general supervision of the functioning of the Branches within the policy definitions provided by the National Council from time to time.
50. The President shall be assisted by the National Secretary/ Treasurer in receiving all dues to the Institute, depositing such money's / funds in the Bank in the name of the Institute disbursing from such funds against routine and regular bills and other special liabilities as authorised by the National Council from time to time.
51. The President shall also be actively assisted by a paid employee under the general supervision of an Executive Officer, as authorised by the National Council, in the functioning of the office of the National Council in such respects as attending and suitably recording in permanent form the proceedings of all meetings of the National council, circulating the Minutes of the meetings among various members of National Council, keeping proper record of the Membership and such other records and books of accounts as may be necessary to record suitably the business of the Institute, collecting all dues to the Institute keeping a correct account thereof and depositing all moneys in the Bank in the name of Institute, and of all bills, orders, claims and demands, originating, addressing and mailing of various circulars, etc. to members of the National Council or generally of the institute from time to time.
52. The National Council shall from time to time determine whether and to what extent and under what conditions and regulations the accounts and books of the Institute at the National Council level and / or Branch level shall be open to the inspection of the members (not being members of the National Council or Branch Committee). Members shall have no right of inspecting any account or book or document of the Institute at the National Council level or at the Branch level as the case may be, except as conferred by law or authorised by the National Council.
53. a) The National Council shall appoint specific committees headed by member from time to time for conducting special studies, or carrying out specific programmes/assignments and tasks as may be directed by the National Council. Such Committee may also be headed by and consisted of, member of the National Council, Honorary Member, National Awardee and also outsider, as may be decided by the National Council.
b) Past Presidents will be permanent invitees at National Council Meetings and in the Executive Committee of the respective branch. Past Chairmen will be invitees in the Executive Committee Meeting of the branches provided they continue as Members of the Institute. However, they will not have any voting right in the capacity of past President and Past Chairman.
54. The National Council may confer special responsibilities upon any particular Branch or Branches or Branch committees as may be deemed expedient from time to time in the conduct of such activities as are aimed to further the objectives of the Institute.
55. The Institute shall bring out a journal. The periodicity of the journal shall be decided by the National Council. In addition, the National Council may elect to publish a News bulletin incorporating the activities of the Branches and the Institute. Any other publication shall be brought out only with the approval of the National Council. However, Branches may publish News Letter for local circulation to their members.
BRANCH RULES
56. In accordance with the aims and objects of the Institute, Branches shall be formed in principal cities and towns, provided the following conditions are fulfilled.
a) A written request has been made to the National Council through the concerned Vice-President by a group of members residing or serving in a State, city or local area.
b) The minimum number of Full Members, Institutional and SSI members shall be twenty-five; such members shall fall within the jurisdiction of the Branch in a State, City or local area.
c) The National Council may reject the application for the formation of a Branch, if the formation of such a Branch tends to undue fragmentation of an existing Branch.
57. Simultaneous with the formation of a Branch a Branch Committee shall be constituted by election or co-option from among the signatories on the written request to the National Council, which Committee shall continue until replaced by the new Branch Committee elected at the time of the first Annual General Meeting of the Branch, in accordance with the Bye-laws provided.
58. a) To encourage development of Branches, the National Council may authorise formation of Chapters provided sufficient membership is available in an area. The minimum membership of the Chapter for this purpose shall not be less than fifteen.
b) The Chapter shall have a convenor who shall guide the working of the Chapter but the Chapter shall be governed by the Branch under whose jurisdiction the Chapter is formed. The governing or parent Branch shall be responsible for all accounts and finances of the Chapter.
c) The Convenor of the Chapter shall be a member of the Branch Committee of the Governing or parent Branch.
d) The Chapters shall not open/operate bank accounts and shall be under the financial control of the parent branch.
59. a) Continuous functioning of any particular Branch or Branches. Chapter or Chapters, shall be subject to their satisfactorily performing the functions and responsibilities of a Branch or Chapter under the relevant Bye-laws. The National Council is vested with the necessary powers to direct closure/merger of any Branch or Branches. Chapter or Chapters if in the opinion of the National Council such action is deemed to be in the overall interest or in furtherance of its objectives.
b) In respect of such defaulting branches, the National Council shall have power to take over all their assets and/ or their bank accounts by writing to the concerned banks. Such letters shall be signed by any two of the National Executive Committee Members.
c) Without prejudice to the powers conferred upon the National Council vide 59(a) and (b), and subject to the other Regulations, the Branch shall be liable to be declared as "Defaulting Branch", under any of the following circumstances stipulated below:
i) Failure to maintain the books of accounts, records, registers, documents etc. as directed by the NHQ from time to time.
ii) Failure to get accounts audited by the Auditors as directed by the NHQ.
iii) Failure to furnish Information / explanation called for by the NHQ.
iv) Failure to respond to any of the communications from the NHQ.
v) Failure to comply with the specific directives issued by the NHQ in respect of acquisition and/ or disposition of the movable and/or Immovable properties.
vi) Failure to comply with the specific directives issued by the NHQ in respect of Investment and/ or disinvestment of the funds of the Branch.
vii) Failure to comply with the specific directives issued by the NHQ in respect of opening/closing/ operations of the Bank Account of the Branch.
viii) Failure to hold the Annual General Meeting with the Accounts duly audited in time, as per the directive of the NHQ.
ix) Failure to hold elections for the Office-bearers, members of the Branch Committee and National Council in accordance with the provisions of the Memorandum and as per the directive. issued by the NHQ.
x) Failure to comply with the directives issued by the NHQ in respect of organising educational courses, training programmes, seminars, conferences, conventions etc. at the branch level.
xi) Failure to comply with the directives issued by the NHQ to ensure compliance with the laws./ regulations, viz Bombay public Trusts Act, Societies Registration Act, Income Tax Act, and such other laws as may be applicable to the Institute, so also compliance with the Memorandum and Regulations of the Institute.
xii) Failure to comply with any other directives Issued by the NHQ to the Branch in any other respect.
xiii) For such reason, situation, circumstances as may be thought fit, by the National Council.
xiv) Failure to ensure the minimum strength of 25 paid members as of 30th June.
60. The Management of the Branch shall be vested with the Branch Committee. When a Branch is formed, the Branch shall comprise of four office-bearers, namely Chairman. Vice-Chairman, Secretary and Treasurer plus the required membership of the Branch as specified hereunder. Thus a Branch Committee when first formed shall consist of a minimum of six members of which four office bearers should be elected and two members coopted. In subsequent years when the immediate past Chairman automatically becomes a member of the Committee, the minimum shall increase to seven. The number of members in the Branch Committee should not exceed eighteen of which fifteen shall be elected and not more than two shall be coopted. The formula recommended for determining the strength of members of the Branch Committee is as per Chart annexed herewith. Immediate Past Chairman is ex-officio Committee Member.
TABLE
The membership strength referred to in the chart hereinabove shown refers to Fellow Members, Full Members, Institutional Members, Life Members and Life Fellow Members.
a) Co-opted members, out of well known professionals, are selected and admitted by the Branch Committee. They shall have no voting rights whatsoever at the Branch Committee meetings.
61. a) Election of the members of the Branch Committee consisting of the Office-bearers, National Council Members and members shall take place at the Annual General Meeting of the Branch for a tenure of 2- years.
b) The new National Council Members and the old National Council Members shall attend both the Branch and National Council Meetings. The new National Councillors shall exercise their voting rights both at the Branch Committee and the National Council Meetings only after the Annual General Meeting of the Institute and not the Annual General Meeting of the Branch.
c) Not withstanding any thing contained in bye-laws 61 (a) and 61 (b), the newly elected National Councillors only shall have the right to elect the National Office Bearers for the year for which the National Council Members are elected.
d) If the existing National Council members have already completed 2 years of the tenure since their elections and the fresh election has not been held at the Annual General Meeting of the Branch as per Regulations and/ or as per directives issued by the NHQ, the voting rights of such members of the National Council shall stand suspended till Annual General Meeting of the Branch is duly convened and the Business there at required to be transacted is conducted, including the elections of the Branch Committee.
62. In addition to the regulations governing the election of the members and office bears of the Branch Committee as laid down in rules 60, 61, 63 and 64 the following procedure shall be followed:
i) A Notice shall be issued at least twenty one days in advance to all eligible members inviting them to submit within ten days nomination for the Branch committee and the National Council.
ii) Nominations for election of Office-bearers I Members I National Councillors of the Branch Committee shall reach the Secretary to the Branch at least ten days in advance of the date of ensuing Annual General Meeting.
iii) Nominations shall be on the prescribed form issued by the respective Branch Committee.
iv) Any member who has functioned as an office-bearer for a term of two years shall not generally be nominated for the same position, provided that the period for which an office-bearer had held a particular office to fill in casual vacancy caused during 2 years, shall not be counted for this purpose.
v) Self nomination shall not be accepted. Each nomination shall be proposed and seconded. The nominee, proposer and seconder shall be members of the Institute whose subscription shall not be in arrears.
vi) A nomination form shall be rendered invalid, if the number of nominations made thereon exceeds the number of seats.
(vii) If the number of nominations for election finally remaining after withdrawal if any is the same or less than the number of seats, the nominee shall be deemed to be elected subject to rules 37 and 38 of the Memorandum, Rules and Regulations.
(viii) If the number of nominations for election is more than the number of seats, elections shall be held by Secret Ballot by members present at the Annual General Meeting. NO vote by proxy shall be allowed. The result will be declared at the same Annual General Meeting.
(ix) The election will be conducted by an Election Officer nominated by the Branch Committee and will be assisted by a scrutineer who have both not been nominated for any office.
63. Not more than two such Members of the Committee shall be Institutional Members, provided that no Institutional Members, shall have more than one representative on the Committee.
64. Any question arising under these rules or in relation to the election held thereunder shall be decided by the National Council as per rule 30 of the Memorandum, Rules and Regulations of the Institute, whose decision shall be final and binding upon all concerned members and Branches of the Institute.
65. If any vacancy shall occur in the office of the Branch Chairman, during the tenure of two years, the person elected to the Office of the Vice Chairman shall become the Chairman, and if there is no such Vice Chairman the Branch Committee shall within one month of the occurrence of the vacancy appoint one of their Members as Chairman.
66. If any vacancy shall occur in the Office of the Vice- Chairman during the tenure of two years, the Committee shall appoint one of their members to the Office of the Vice Chairman.
67. In the event of a vacancy arising during the tenure of two years of the Branch Committee, the Branch, in whose representation the vacancy has fallen shall nominate a new office bearer/ member for the rest of the term
68. The continuing members of the Branch Committee may act not withstanding any vacancy in their body.
69. Any four members of the Branch Committee shall form a quorum for the transaction of business.
70. In case of an equality of votes, the Chairman of the meeting of the Branch Committee shall be entitled to a casting vote.
71. The Branch Committee shall meet at such times as the Chairman deems advisable and a notice of at least five days shall ordinarily be given for a meeting of the Branch Committee. But in an emergency a meeting may at the direction of the Chairman or in his absence of the Vice Chairman be called by a notice of less than five days.
72. A resolution in writing duly circulated & signed by three-fourth Members of the Branch Committee shall be as valid and effectual as if it had been passed at the meeting of the committee.
73. The Branch Committee may initiate proposals and put forward suggestions for consideration of the National Council, with a view to furthering the objectives of the Institute.
74. Any member of the Branch Committee including the office bearer who absents himself from attending three consecutive meetings shall be liable to be disqualified from working on the Committee and another member may be coopted until the next General Meeting. Whenever any member or the Office bearer is unable to attend the meeting, he may submit the application for such leave of absence in writing and this should reach the Secretary at least one day before the date of the meeting of the Branch Committee. Provided that in any extra - ordinary circumstances the absentee may be absolved from the observance of this rule by a special resolution of the Committee passed by a majority vote.
FINANCE
75. i) It shall be the responsibility of the Branch Committee to ensure that all dues of the members of the Branch are regularly paid to the National Headquarters.
ii) The National Headquarters shall issue invoices for membership subscription to all members directly. Branch Committees should ensure that their members pay their membership subscription promptly and directly to the National Headquarters.
76. a) Each branch shall be paid the pro rata on member subscription received by National Headquarters as detailed below on quarterly basis. However, percentage of amount of entrance fees and the annual subscription of various members as decided by the National Council from time to time shall be retained by National Headquarters and the balance shall be paid by the NHQ to the branches.
40 % of Full Members, Fellow Members, and Institutional Members shall be retained by the National Headquarters and the balance 60 % shall be paid to the branches.
b) Of the amount of Life Membership and Fellow Life Membership 50 % of subscription shall be retained by the National Headquarters and the balance 50 % shall be paid to the branches concerned. The 50 % contribution should be funded both by the National Headquarters and the branches and the funds so established shall not be utilised for current working expenses both at the National Headquarters and the branches level. However, the interest accruing from these funds may be transferred to the General Fund for current expenses.
77. Currently Entrance fees for all classes of Membership shall be retained by the Branches.
78. Should the activities of the National Council need funds in excess of the membership fees as provided under the Bye-laws, necessary funds may be raised though the Branches on a three- fourths majority decision of the National Council by :
a) Each Branch contrrbuting a percentage of a required sum which shall be proportionate to the number of members of the Institute attached to the respective Branches. or
(b) Such other means as may be agreed upon by the National Council.
ACCOUNTS
79. The Institute year shall be from the 1st of April to the 31st of March
80. Proper books of accounts shall be kept of the transactions of the Institute and of the assets and liabilities thereof, both at the National and Branch levels.
The National Council shall be responsibly for keeping such accounts and records at the National level and the Branch Committee shall be responsible for such accounts and records to be maintained at Branch level.
81. All Bank accounts at National as well as Branch level shall be operated/ closed by the resolutions of the National Council. The National Council may authorize National Office Bearers, branch office bearers and any other person to operate the accounts in terms of bye-laws 84 & 85.
82. The account operated at the Branch level shall be in the name of 'Indian Institute of Materials Management' ___________Branch.
83. The account operated at the National Council shall be in the name of 'Indian Institute of Materials Management' National Council.
84. Any two from the panel consisting of the President, Sr. Vice President, Vice President, Honorary National Secretary/ Treasurer and any member of the Institute considered, accepted and approved unanimously by the National Council at its duly constituted Meeting shall be constituted attorneys of the Institute for the purpose of operating the bank accounts at National level who shall authorize and make payment!; on behalf of the Institute at National level.
85. Any two from the panel consisting of National President, Sr. Vice President, Vice President, Honorary National Secretary/ Treasurer, Chairman, Vice Chairman, Honorary Secretary and Honorary Treasurer of the Branch Committee shall be constituted attorneys of the Branch of the Institute; who shall authorise and make payments on behalf of the particular Branch of the Institute.
Consequent upon resolution having been passed under bye- law 59(b). the Chairman, Vice-Chairman, Secretary and Treasurer shall cease to be the signatories to the Branch bank accounts with immediate effect.
Under such circumstances, without prejudice to bye-law 85 hereinabove mentioned, the National President, Sr. Vice President and Honorary National Secretary/Treasurer shall exercise their authority to be signatories to the operation/closure of Branch bank account/s and transfer of such credit balance/s shown in the bank accounts including instruments deposited but not credited and cheque, issued but not presented for payment to National Headquarters.
86. The funds becoming available to the National Council and the Branch Committees in accordance with the Bye-Laws provided under Finance shall be credited to their respective bank accounts and withdrawals effected as and when necessitated to meet liabilities and obligations at the respective levels.
87. From the funds credited to their accounts the respective Branch Committee shall meet all the expenses covering their activities at Branch level.
88. In order to meet the expenses of National Conventions, the Branches shall extend necessary assistance to the National Council as required from time to time.
89. The books of accounts and other records of transaction and those of the Institute's assets and liabilities respectively maintained at the National and Branch levels by the National Council and Branch Committees shall be audited and verified for correctness at least once during the Institute year by qualified auditors appointed from time to time. Any casual vacancy in the Branch Committee may be filled by co-option.
a) Not withstanding any thing contained elsewhere in the Memorandum immovable properties either by outright purchase or on prolonged lease or by any other mode of lawful conveyance shall be acquired by the branches solely in the name of National Headquarters and only with the prior approval from the National Council.
The Signatories to the documents relevant to such acquisition of immovable properties shall be the ruling Honorary National SecretaryiTreasurer and the ruling Chairman of the Branch acquiring the immovable property, or such other person/s as may be authorised by the National council to act in the absence of above two.
Similarly alienation of any immovable property shall be done only with the prior approval of the National Council and documents relevant to such alienation shall be signed only by the ruling Honorary National Secretary/ Treasurer and the ruling Chairman of the branch involved in such alienation of the immovable property or such other person/s as may be authorised by the National Council to act in the absence of the two above.
GENERAL MEETINGS
90. General Meetings of the Institute of National level and of the Branches at Branch level shall be held once at least in every calendar year and not more than fifteen months after the holding of the last preceding General Meeting at such time and place as may be determined by the National Council and the Branch Committee as the case may be. The above mentioned General Meetings shall be called ANNUAL GENERAL MEETINGS; and all other General meetings shall be called EXTRA - ORDINARY GENERAL MEETINGS.
91. Annual General Meetings of the Branches shall be held on or before 31st days of August every year to facilitate the constitution of the National Council for the ensuing term, to hand over charge by the outgoing National Council to the incoming National Council and to incorporate Branch Accounts in the Annual Report.
Provided that the National Council may extend the said deadlines, upon request being made by the Branch, in view of genuine difficulties faced by the Branch.
92. a) Notice of such Annual General Meetings shall be given by National Council to all members of the Institute by means of individual copies of a general circular setting forth therein the Agenda proposed for consideration at the Annual General Meeting. Such notices shall be given to members at least twenty one days in advance of the date of the proposed Annual General Meeting.
b) Notice of such Annual General Meetings shall be given by the Branch by means of individual copies of a general circular setting forth therein the Agenda proposed for consideration at the Annual General Meeting. Such notices shall be given to members by the Branch Committee at least twenty-one days in advance of the proposed Annual General Meeting.
93. The Branch Committee, whenever it thinks fit and/or upon a requisition made in wiring signed by the minimum required number of member, may convene an Extra-ordinary General Meeting must state the objectives of the meeting and must be signed by the requisitionists and deposited at the office of the Branch. A copy of such requisition shall be forwarded to the National Council. The minimum signatories required for requisitioning such Extra - Ordinary General Meetings shall be three fifths of the Branch membership on the date of the requisition being so deposited. To cause a meeting to be called, the requisitionists, or a majority of them, shall notify the National Council who shall arrange to convene the meeting within three months of the date of the deposit of the requisition.
94. Not less than 10 days notice to members specifying the place day and hour of the Extra-Ordinary General Meeting and the general nature of business of consideration at such Extra-Ordinary General Meeting shall be given to members either by advertisement or by notice sent by post or otherwise served as hereinafter provided.
95. The accidental omission to give notice of a meeting to or the non-receipt of such notice by, any member shall not invalidate any resolution passed or proceedings held at any meeting.
PROCEDURE FOR GENERAL MEETINGS
96. BRANCHES: The Business of the Annual General Meeting shall be:
i) To receive and consider the Income and Expenditure account, the Balance Sheet and Report of the Branch Committee.
ii) To elect office-bearers and members of the Branch Committee as provided under the Bye-laws'
iji) To elect representative members to the National Council;
iv) To appoint an auditor or auditors for the ensuing years and fix their remuneration.
v) To consider any other matter that may be brought forward of which written notice of at least seven days has been given.
97. The Chairman of the Branch shall preside at every General Meeting but if there be no such Chairman, or if at any meeting he shall not be present within fifteen minutes after the time appointed for holding the same or shall not be present, the members present shall choose any member of the Branch Committee, or if no such member be present or if all the members of the Branch Committee present decline to take the Chair, they shall choose any member of the Institute who shall be present, to preside.
THE ASSOCIATION
98. a) The business for consideration at the Annual General Meeting of the Institute shall be :
i) To receive and consider the Income and Expenditure account, Balance Sheet and the Reports of the National Council and the Auditors;
ii) To appoint an auditor or auditors for the ensuing year and fix their remuneration;
iii) To consider any other matter that may be brought forward I of which written notice of at least seven days has been given.
b) All Income and Expenditure Account and Balance Sheets summary of the properties and liabilities of the Institute at the respective levels made upto date till the close of the previous financial year, shall be presented by the National Council at the Annual General Meeting of the Institute.
99. The President of the National Council shall preside at every General Meeting but it at any meeting he shall not be present within fifteen minutes after the time appointed for holding the same, the members shall choose a Sr. Vice President a Vice President or any member of the National Council, or if no such member be present, or if all the members of the National Council present decline to take the Chair, they shall choose any member of the Institute who is present, to preside.
100. No business shall be transacted by any General Meeting unless a quorum of members is present at the time when the meeting proceeds to business. Fifteen members, entitled to vote on the date of the notice of convening the meeting shall make a quorum for any General or Extra-Ordinary General Meeting. If within half an hour from the time appointed for the holding of such meetings a quorum is not present the meeting shall stand adjourned to the same day in the next week at the same time and place or to such other day and at such other time and place as the National Council or the Branch Committee may determine. No quorum shall be necessary at the adjourned meeting.
101. At any General Meeting a resolution put to vote at the meeting shall be decided on a show of hands, unless a poll is so demanded. A declaration by the Chairman that a resolution has, on a show of hands, been carried or carried unanimously or by a particular majority or lost and an entry to that effect in the book of the proceedings shall be conclusive evidence of the fact.
102. Every Balance Sheet shall be accompanied by a report of the President or the Branch Committee as the case may be depending on whether the Balance Sheet pertains to the Institute or to a Branch, and a report of the Auditors and a copy of such accounts, Balance Sheet and a report of all be sent, not less than fourteen days before the date fixed for the meeting, to all persons entitled to receive notices of such meetings, in the manner in which notices are hereinafter directed to be served, and a copy shall be deposited at the registered office of the National Council or Branch as the case may be for inspection of the member eligible to inspect during a period of at least fourteen days before the meeting.
NOTICES
103. a) A notice may be given by the National Council or the Branch Committee to any of their members either personally or by sending it by post to him at his registered address.
b) Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing pre- paying and posting a letter containing the notice.
WINDING UP
104. a) If any number not less than three-fifths of the members of the Institute, may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith or at the time then agreed upon and all necessary steps shall be taken for the disposal and settlement of the property of the Institute, its claim and liabilities, according to the rules of the Institute provided that in the event of any dispute arising the adjustment of its affairs shall be referred to the principal court of original Civil Jurisdiction at Mumbai.
b) If upon winding up or dissolution of the Institute there remains, after the satisfaction of all its debts and liabilities any property whatever the same shall not be paid to or distributed among the members of the Institute but shall be given or transferred to some other society or societies to be determined by the votes of not less than three fifths of the members present personally or by proxy at the time of resolution or in default thereof, by the principal Court of Original Civil Jurisdiction of Mumbai.
105. No part of the Memorandum of the Institute or its Bye-laws shall be altered amended or modified except as provided under Section 12 of the Societies Registration Act 1860, as amended. The relevant Section is quoted below.
"Whenever it shall appear to the governing body of any Society registered under this Act., which has been established for any particular purpose or purposes, that it is advisable to alter, extend or abridge such purpose to or for other purpose within the meaning of this Act., or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the society.
But no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three- fifths of the members delivered in person or by proxy and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting"
106. One time Transitional arrangement
Elections for all branches and National Executive Committee.
In order to facilitate smooth change over to the changes made in respect of the terms of Office bearer/s elections of all positions of all Branches and National Executive committee for the biennial period (1998-99, 1999-2000) will be held afresh after 30th June 1998. As one time transitional arrangement if it results in any office bearer holding same position for more than two years that will not be treated as invalid.
However, an office bearer who completes his two year term in 1997-98 shall not be eligible to continue in the same position.
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