FEDERATION OF STATE BANK OF INDIA PENSIONERS' ASSOCIATION, BENGALURU
Memorandum Of Rules & Regulations (Bye Laws)
| EXISTING | *PROPOSED* | RATIONALE |
|---|---|---|
| Name of the Society: Federation of State Bank of India Pensioners' Associations. |
NO CHANGE | ----- |
| Membership Defined: All circle Associations of State Bank of India Pensioners all over India shall be eligible to become affiliates of the Federation of the State Bank of India Pensioners' Associations. The word 'Circle'. means Administrative Circle of the State Bank of India. |
NO CHANGE | ----- |
| Admission, Qualification for Membership: All circle Associations of the State Bank of India Pensioners' shall be eligible to become affiliates of the above said Federation subject to final approval of the Governing Body of the above said Federation, whose decision shall be final. |
NO CHANGE | |
| Subscription: Every affiliate shall pay to the Federation subscription as may be determined by the Governing Body on the basis of the number of Imperial Bank of India/State Bank of India Pensioners and Family Pensioners who are on the roll of such affiliate on the 31st day of December of the previous year.The rate of subscription shall be Rs. 2/- per annum for every member subject to a minimum of Rs. 500/- Governing Body is empowered to make exceptions in the case of new Circle Associations. The subscription shall become due on the 1st January of every year and shall be paid before 31st March of the year to which the payment relates. In special circumstances, the Federation through its Governing Body may ask the Circle Associations to pay contributions addition to usual subscription to meet the necessary expenditure of the Federation. The federation may also receive donations or endowments, movable or immovable from any willing person whether he is member or not or from any institution organization subject to the approval of the Governing Body. |
Subscription: Every affiliate shall pay to the Federation subscription as may be determined by the Governing Body on the basis of the number of Imperial Bank of India/State Bank of India Pensioners and Family Pensioners and Retirees who are on the roll of such affiliate on the 31st day of March of the previous year. The rate of subscription shall be Rs. 10/- per annum for every member. The subscription shall become due on the 1st April of every year and shall be paid before 30th June of the year to which the payment relates. In special circumstances, the Federation through its Governing Body may ask the Circle Associations to pay contributions in addition to usual subscription to meet the necessary expenditure of the Federation. The federation may also receive donations or endowments, movable or immovable from any willing person whether he is member or not or from any institution/ organization subject to the approval of the Governing Body. |
To meet the increasing expenses o/a spiralling cost of inflation. |
| Cessation of Membership: An Association shall cease to be a member if: (i) It fails to pay the amount of subscription within three months from the date it is due only after servicing three months' prior notice unless the Governing Body condones the delay and renews the membership, OR. (ii) It chooses to withdraw from the membership of the Federation after giving due notice, OR. (iii) The Governing Body of the Federation expels the Association from its membership after giving due opportunity to explain. Cessation of membership together with reasons therefore shall be communicated in writing to the member association. The General Body shall have the powers to re-affiliate the concerned Association, on its request, after the General Body satisfies itself that the causes for expulsion are removed. |
NO CHANGE | |
| Rights and Privileges of the Members: Each affiliate will nominate a member of the General Body of the Federation who shall have the right to vote as under: One vote for each affiliate – upto 500 members Two votes for each affiliate – above 500 members. These members can submit suggestions for discussion, decision of the Governing Body or any subcommittee on any matter and to inspect the account of the Federation on appointment with the Secretary. |
Rights and Privileges of the Members of the Governing Body: Each affiliate shall nominate one member other than the President and General Secretary to constitute the Governing Body of the Federation. These members can submit suggestions for discussion and decision of the Governing Body, take part in deliberation and to inspect the accounts of the Federation on appointment with the General Secretary. |
Due to administrative exigencies. |
| GENERAL BODY 1. General Body Defined: On admission and thereafter for every General Body Meeting, each affiliate may nominate members to form the General Body of the Federation not exceeding 3 Members upto 500 members of the affiliate, not exceeding 4 members from 501 to 1000 members of the affiliate. The General Body shall be the supreme body of the Federation and shall have power to take all decisions relating to policy matters. Circle Associations will advise the names of nominees to the Federation. |
GENERAL BODY: 1. General Body Defined: On admission and thereafter for every General Body meeting each affiliate may nominate members to form the General Body of the Federation not exceeding 2 members. The members of the governing body will be members of the general body ex-officio. The General Body shall be the supreme body of the Federation and shall have power to take all decisions relating to policy matters. Each affiliate shall advise the names of nominees to the Federation. |
In tune with the present day administrative requirements. |
| 2. Power and Duties/ Functions of the General Body: The meeting of the General Body of the Federation shall be held once in a year subject to giving notice of 30 days in advance to its members. The General Body shall be empowered to amend its Constitution in accordance with the Societies Registration Act, 1860 which provides for 3/5th majority of the members of the Federation. The General body shall have powers to, alter and change any decision taken by the Governing Body. The General Body shall transact the following business: a) Consider and adopt the Annual Report and Audited statements of accounts. b) To appoint auditors and fix their remuneration. c) Consider amendments to byelaws as recommended by the Governing Body and/or amendments by the members of which due notices has been given. d) Consider resolutions /propositions / motions recommended by the Governing Body and/or brought forward by members after giving due notice. e) Election of Office-bearers and Members of the -Governing Body. f) Any other matter with the permission of the Chair. An Extra-ordinary Meeting of the General Body shall transact only the business specified in the requisition and/or notice. The General Body shall lay down policies on major issues, evolve programmes and issue guide-lines for the conduct of the affairs of the Federation. |
NO CHANGE | |
| 3. QUORUM and Notice of Meeting and Periodicity of Meetings: The quorum for the General Body meetings shall be equal to one-half of the number of members. However, no quorum shall be necessary for an adjourned meeting held after 30 minutes of the scheduled time. 30 days’ notice of the meeting specifying the place, date, time and the general nature of work and business to be transacted shall be given to the member Associations. The General Body meeting shall be held at least once in a year. |
3. QUORUM and Notice of Meeting and Periodicity of Meetings: The quorum for the General Body meetings shall be more than one-half of the number of members. However, no quorum shall be necessary for an adjourned meeting held after 30 minutes of the scheduled time. 30 days’ notice of the meeting specifying the place, date, time and the general nature of work and business to be transacted shall be given to the member Associations. The General Body meeting shall be held at least once in a year. |
To align with the democratic norms. |
| MANAGING/ GOVERNING BODY/ EXECUTIVE COMMITTEE 1. Managing Committee/ Governing Body/ Executive Committee defined: There shall be a governing body of the Federation duly elected by the General Body of the Federation. |
MANAGING/ GOVERNING BODY/ EXECUTIVE COMMITTEE 1. Managing Committee/ Governing Body/ Executive Committee defined: There shall be a governing body of the Federation duly elected by the General Body of the Federation/nominated by the affiliates of the Federation |
To define without ambiguity |
| 2. Composition: The strength of the Governing Body shall not be less than 12. The office-bearers shall be elected by the General Body of the Federation. The office-bearers of the Governing Body of the Federation shall consist of; President, Four Vice-Presidents, General Secretary, Secretary, Treasurer and one representative from each affiliate Association. The Governing Body of the Federation shall originally function for three years or until a fresh election is made at the Annual General Body Meeting. |
2. Composition The strength of the Governing Body shall be not more than 3 from each circle. The office bearers shall be elected by the General Body of the Federation. The office bearers of the Governing Body of the Federation shall consist of: One President, Four Sr. Vice Presidents, One General Secretary, Two Secretaries, One Treasurer. The Treasurer however will be nominated by the General Secretary from the circle wherefrom the General Secretary is elected. Nobody will be allowed to contest for the post of President or General Secretary after completing 80 years of age. All circle Presidents and General Secretaries shall be ex-officio Vice Presidents and Dy. General Secretaries of the Federation respectively. Governing body is authorized to create/ increase the number of additional office bearers posts in the Federation. The Governing Body of the Federation shall ordinarily function for three years or until a fresh election is made at the Annual General Meeting. |
Due to administrative exigencies |
| 3. Powers, Duties, Functions of the Managing/ Governing Body/ Executive Committee : All the decisions taken by the General Body of the Federation shall be implemented by the Governing Body. Day to day affairs of the Federation shall be handled by the Governing Body. |
3. Powers, Duties, Functions of the Managing/ Governing Body/ Executive Committee : All the decisions taken by the General Body of the Federation shall be implemented by the Governing Body. Day to day affairs of the Federation shall be handled by the elected office bearers. President – The President will preside over the meetings of Governing Body and Annual General Meetings. He will Guide the General Secretary for smooth functioning of the federation. Sr.Vice President – One senior Vice-President senior in age amongst the 4 Sr.Vice presidents will preside over meetings of the Governing Body and Annual General Meetings in the absence of President. Sr. Vice-Presidents shall assist the President and General Secretary in running the day-to-day affairs of the Federation. General Secretary – He shall convene all meetings of the Federation. Maintain minute books of all meetings, issue General Circular/ Notice, receive all application for affiliation, scrutinize all bills and issue pay order, sign cheques along with the treasurer. Supervise preparing of accounts and place them in the meeting of Governing Body and Annual General Meeting after getting the same audited. Dy. General Secretary: Dy. General Secretary shall assist the President and General Secretary in running the day-to-day affairs of the Federation. Secretary – The Secretary will assist the General Secretary. Treasurer- He shall collect and receive all sorts of subscriptions, donation, and deposit of money and grant receipts therefor. Maintain and keep cash books and such other accounts as may be found necessary, Operate Bank Account jointly with the General Secretary. Deposit cash and cheques in the bank accounts and shall be custodian of the cash in hand, Bank pass books, statements of accounts, vouchers and other papers and books connected with accounts, and scrutinize bills before payment. Prepare and submit statements of all receipts and payments to the General Secretary for submission before the Governing Body. |
To ensure without ambiguity To define and specify duties of the respective office-bearers |
|
4. Quorum and notice of the Meetings: The quorum for the Governing Body Meeting shall be equal to one-half of the number of members of the Governing Body representing atleast Six Circle Associations 15 days notice of the meeting shall be given to the members and the place, date, time and the general nature of work to be transacted shall be mentioned in the Notice. |
4. Quorum and notice of the Meetings: The quorum for the Governing Body Meeting shall be more than one-half of the number of members of the Governing Body representing at least 9 Circle Associations. However, no quorum shall be necessary for an adjourned meeting held after 30 minutes of the scheduled time. 15 days’ notice of the meeting shall be given to the members and the place, date, time and the general nature of work to be transacted shall be mentioned in the Notice. |
To align with the democratic norms |
| 5. Filling up of casual vacancies: Any casual vacancy in the governing Body for any reason will be filled up by the respective Circle Association from amongst its members. |
5. Filling up of casual vacancies: Any vacancy in the Governing Body for any reason will be filled up by co-option by the Governing Body in consultation with the respective Affiliate. |
To provide more clarity |
| 6. Termination of Membership of Governing Body: A member of Governing Body shall cease to be its member if, a) he resigns by letter addressed to the Secretary. b) he absents himself from 3 consecutive meetings of the Governing Body without any leave or without any reasonable grounds. c) he is convicted of any offense in connection with the formation, promotion, management or conduct of the Affairs of a Society or of a Body Corporate or of any offense involving moral turpitude or for any action which is detrimental to the interest of the association / federation. |
6. Termination of Membership of Governing Body: A member of Governing Body shall cease to be its member if, a) he resigns by letter addressed to the General Secretary. b) he absents himself from 3 consecutive meetings of the Governing Body without any leave or without any reasonable grounds. c) he is convicted of any offence in connection with the formation, promotion, management or conduct of the Affairs of a Society or of a Body Corporate or of any offense involving moral turpitude or for any action which is detrimental to the interest of the association / federation. |
Due to change in nomenclature |
| 7. Handing over of charge: Within a period of one month after election, the General Secretary of the Governing Body shall hand over charge to the newly elected General Secretary failing which the newly elected General Secretary will function with fresh books and papers and will take proper steps to take back books from the ex-General Secretary. |
NO CHANGE | |
| 8. Procedure of the Meetings of the Governing/ General Body: The President or in his absence the Vice-President shall preside over all meetings of the General Body and in the absence members present shall elect a Chairman of the meeting. All question before the meeting will be decided by a majority of votes. The president or the chairman shall have a second or a casting vote in addition to his own vote in case of equality or votes. The President or the Chairman while presiding at the meeting of the General Body shall decide all questions relating to the constitution and regulations thereof and his decision shall be final and binding. |
8. Procedure of the Meetings of the Governing/ General Body: The President or in his absence one Sr. Vice-President senior in age amongst the 4 Sr. Vice presidents shall preside over all meetings of Governing / General Body. All the issues raised in the meeting will be decided by a majority of votes. The President or the Chairman shall have a second or a casting vote in addition to his own vote in case of equality of votes. The President or the Chairman while presiding at the meeting of the General Body shall decide all questions relating to the constitution and regulations thereof and his decision shall be final and binding. |
Due to administrative exigencies |
| 9. Special Meeting of the General Body: A special meeting of the General Body shall be held at such place, date and time as General Secretary may notify. The representatives of any four circle association may requisition the meeting of the General Body and the General Secretary shall summon the same within 30 days and failing which the President may do so and no business other than that specified in the President fails, requisitionists shall conduct the meeting giving proper notice. |
NO CHANGE | |
| 10. Meeting of the Governing Body: The Governing Body shall meet at least once in a year at the place where the President of the Federation decides. |
10. Meeting of the Governing Body: The Governing Body shall meet at least twice in a year at the place where the President & General Secretary of the Federation decide. |
To be precise |
| NEW. | 11. Grievance Procedure:- Any affiliate or any member of any of the affiliates of the Federation should not go to the court of law without approaching the Governing Body for redressal of any grievance involving the organization or its functionaries. |
Due to administrative exigencies |
| 11. Source of Income and utilization of Funds: 1. Subscription from the member association taken annually. 2. Contribution from any persons or body or institutions. 3. Donations from any person, institutions or organization subject to the approval of the Governing Body. 4. The funds of the Federation shall be deposited in a Bank/Co.op, Credit Society approved by it at a place where the President / General Secretary and Treasurer reside. The funds which are not required for immediate use may be invested in any of the securities specified under Sec.20 of the Indian Trust Act, 1882 or 27A (1) (q) of the Insurance Act IV of 1938, including in term deposits of the State Bank of India. |
12. Source of Income and utilization of Funds: 1. Subscription from the member association taken annually. 2. Contribution from any persons or body or institutions. 3. Donations from any person, institutions or organization subject to the approval of the Governing Body. 4. The funds of the Federation shall be deposited in a Bank/Coop, Credit Society approved by it at a place where the General Secretary and Treasurer reside. The funds which are not required for immediate use may be invested in any of the securities specified under Sec.20 of the Indian Trust Act, 1882 or 27A (1) (q) of the Insurance Act IV of 1938, including in term deposits of the State Bank of India. |
|
| 5. Financial Year: The accounting year of the Federation shall be the Financial year e.g. 1st April to 31st March. |
NO CHANGE | |
| 6. Audit of Accounts: The books of accounts of the Federation shall be kept at the Registered Office and shall be opened to inspection of the members of the General Body during usual office hours and shall be audited every year by the Auditor appointed by the Governing Body of the Federation. |
6. Audit of Accounts The books of accounts of the Federation shall be kept at the Office of the General Secretary and shall be open to inspection by the members of the General Body during usual office hours with minimum of 30 days prior written notice to the General Secretary of the Federation and shall be audited every year by the Auditor appointed by the General Body of the Federation. |
To be precise |
| 7. Operation of Bank Account: The Bank account of the Federation shall be operated jointly by Treasure and any one of the President, General Secretary or Secretary. |
7. Operation of Bank Accounts: The Bank account of the Federation shall be operated jointly by Treasurer and any one of the President and General Secretary. |
Due to administrative exigencies |
| 8. Annual List of Managing/Governing Body: Once in every year a list of the office bearers and members of the Managing/Government Body shall be filed with the Register of Societies, Delhi, as required under Section 4 of the Societies Registration Act. |
NO CHANGE | |
| 9. Legal Proceedings: The Society may sue or be sued in the name of the President / Secretary as per provision laid down under section 6 of the Societies Registration Act 1860 as applicable to the Union Territory of Delhi. |
NO CHANGE | |
| 11. Dissolution and Adjustment of Affairs: If the society need to be dissolved it shall be dissolved as per provisions laid down under Sec. 13 & 14 of the Societies Registration Act, 1860 as applicable to the Union Territory of Delhi. |
10. Dissolution and Adjustment of Affairs: If the society need to be dissolved it shall be dissolved as per provisions laid down under Sec. 13 & 14 of the Societies Registration Act, 1860 as applicable to the Union Territory of Delhi. |
Only number of the clause corrected. |
| 12. Application of the Act: All the provisions under all the sections of the Societies Registration Act of 1860 as applicable to the Union Territory of Delhi shall be applied to this society. |
12. Application of the Act: All the provisions under all the sections of the Societies Registration Act of 1860 as applicable to the Union Territory of Delhi shall be applied to this society. |
Only number of the clause corrected |