MEMORADUM OF ASSOCITAION OF THE TAX BAR ASSOCIATION,GUNTUR
1. NAME: The name of the Association shall be “The Tax Bar Association, Guntur”
2. REGISTERED OFFICE : The Registered office of the Association shall be situated at D. No. 6-8-15, 8/2, Arundel pet, Guntur - 522002, and the same may be shifted to any other place or places in Guntur from time to time as per the resolution of Governing council.
3. OBJECTS OF THE ASSOCIATION : The principal objects of the association are:
1) To create understanding and develop a spirit of mutual help among the Tax Practitioners of Guntur Dist., and thus promote unity and solidarity among the members;
2) To uphold honour, dignity and independence of the members of the profession;
3) To assist the members in upholding their dignity in their relations with the Executive and judiciary;
4) To apply the knowledge and experience in the field of the Tax Laws for the promotion of public good as well as public awareness.
5) To set up a code of professional conduct, discipline and etiquette;
6) To further the good relations and co-operation between the Members and the Revenue Officers, Tribunals and Courts and also between the members and public;
7) To promote the reform of the administration of justice and of the Laws relating to Revenue, Economic and planning and its healthy development suitable to the Social, economic and other needs of the people by watching enactment of laws in Central and state legislature.
8) To further the knowledge of its members in matters of local, state and central Laws;
9) To work in co-operation with other Associations, Societies, Institutions and other organisations having similar objects in promoting all or any of the objects of this Association; participate in their activities by sending delegates to the meetings, conferences and seminars or invite such Organisations to participate in such activities.
10) To hold conferences and seminars, group discussions on matters relating to Taxation, Economics and planning;
11) To provide a common meeting place to all its members and to provide such a place with necessary amenities.
12) To institute and maintain libraries for reference and study and to publish magazines, journals and other literature;
13) To make representations to the various authorities for furthering all or any of the objects of the Association;
14) To secure representations on committees appointed by Government or other bodies relating to the objects of the association;
15) To affiliate, manage, donate or finance and co-operate with other societies or institutions having objects similar to those mentioned above;
16) To do any other activity for the benefit of members and general public utility.
17) To provide means for promotion and advancement of the objects mentioned above;
18) To do all such things, and perform all such acts as may be necessary or proper for the achievement of any or all of the objects above noted;
We, the several persons whose names and addresses are given below, having associated ourselves for the purposes described in this Memorandum of Association, do hereby subscribe names to this Memorandum of Association and set our several hands hereunto and form ourselves into an Association under the Andhra Pradesh Societies Registration Act 2001 on this the …….. day of …………. 2012 at Guntur.
a) That none of the objects of this Association shall at any time Involve carrying on of any activity for profits;
b) That the income or the assets of the Association fund shall not be applied or transferred in whole or in part for any purpose other than the objectives mentioned above;
c) That the income or assets of the Association shall not be applied or used for the benefit of the authors of the Association, or any person who makes substantial contribution or donations to the Association or any societies or trustee or manager of this Association.
d) Provided further and without prejudice to the generality of the above mentioned objects, and for the effective carrying out and attainment and in furtherance of all or any of the objects aforesaid, the Association shall, subject to and in accordance with the provisions of the Societies Registration Act, 2001 and the rules there under as also the Regulations of the Association and other laws of the land, have the powers to do the following acts, deeds and things:
a. To acquire, purchase, receive, manage, take on lease and hold land, building or any other property of any kind, including securities and negotiable instruments;
b. To manage, improve, develop, sell, transfer, lease out, exchange, mortgage or charge or otherwise dispose of or deal with the property of any kind, movable and immovable, belonging to the Association.
c. To enter into contracts or arrangements for and in connection with any of the objects and purposes of the Association;
d. To open accounts with any scheduled bank or banks, to operate such accounts and to give instructions to the Bank or Banks;
e. To accept donations, subscriptions, contributions, grants, subsidies, present and other offerings in cash and/or kind from any Person, Governments, on such terms and conditions as may be thought fit and proper;
f. To purchase or otherwise acquire lands or buildings and erect Buildings on any lands so purchased for the purposes of investments of the Association funds and to spent and/or utilise the rental or other Incomes arising there from for the purposes connected with or conducive to the promotion of the objects of the Association;
g. To borrow, lend and/or otherwise deal with the money or properties belonging to the Association with or without any interest and to give security or take security in connection with the said dealings or acts;
h. To raise moneys and funds in such manner as may be deemed fit for and on behalf of the Association;
i. To appoint or engage volunteers, workers, employees, officers, auditors, architects, engineers, lawyers, agents, etc., as and when required and to remunerate them for their services rendered to the Association for carrying out any of the objects and purposes of the Association;
j. To institute, adjust, settle, compromise, compound, refer to arbitration all actions, suits, claims, complaints, petitions, demands and proceedings for and against the Association, its office-bearers, workers, employees and other interested persons relating to or in connection with the properties and affairs of the Association;
k. To appoint committee or committees of Management in respect of any unit, division or department of the Association for smooth and efficient management of functioning or affairs of the Association to attain any of the objects of the Association, and to remunerate the members thereof for their services rendered to the Association;
l. To set apart all or part of the income of the corpus or part thereof for any of the objects of the Association;
m. To make, vary, alter or modify schemes, rules and regulations for carrying out the objects of the Association and for the management of the affairs thereof in furtherance of the objects and purpose of the Association and/or otherwise for giving effect to the objects and purposes of the Association.
RULES & REGULATIONS OF
THE TAX BAR ASSOCIATION, GUNTUR.
1. INTERPRETATION: In the rules and regulations unless thereby anything in the context repugnant or inconsistent therewith:
a) The “Association” means The Tax Bar Association, Guntur.
b) The General Body” means the body consisting of all ordinary, affiliated and honorary members of the association.
c) “The Council” means the governing body constituted under Rules and to whom by these Rules the management of the Association is entrusted.
d) “The Act” shall mean the A P Societies Registration Act of 2001 or any modification thereafter and for the time being in force.
e) “President” shall mean the member of the Association as elected by the General Body.
f) “Vice-President” shall mean the member of the Association as elected by the General Body.
g) A member shall mean the member admitted as such into the Association under the rules prescribed.
h) Words imparting the male member shall be deemed to include the female member.
2. OBJECTS: The objects of the Association are as mentioned in the Memorandum of Association of the Association.
3. COMPOSITION OF THE GOVERNING BODY [COUNCIL]: There shall be the Council (also called the Executive Committee) consisting of eleven members in which the management of the Association is and shall be entrusted and vested. The first members of the Council, including the office-bearers, of the Association are as stated in the Memorandum of Association of the Association.
4. TERM OF OFFICE: The office-bearers and members of the Council shall hold office for a period of two years until resignation or retirement or removal by resolution of the majority votes of the ordinary members of the Association present at the General Meeting of the Association. Any vacancy in such office or offices shall be filled up by resolution of the majority votes of the ordinary members present at the General Meeting.
5. ELECTION OF THE GOVERING BODY: The members of the council shall be elected by the majority of ordinary members present at the annual general meeting of the association to be held in the month of June each year or as may be decided by the general body from time to time. There shall be elected also a President, a Vice-President, a Secretary, Joint Secretary, and a Treasurer by the members in the General meeting, who shall hold office till termination of the next annual general meeting at which the members of the council have been elected for the ensuing period.
6. MEETING OF THE COUNCIL: A meeting of the council shall be held at least once in three months at such place, date and time as the President or the Secretary may determine. Failing which and in case of need any five members of the council shall summon the same within seven days, provided that no function other than that specified in the notice shall be transacted at such meeting.
7. QUORUM & NOTICE FOR THE MEETING OF THE GENERAL BODY: The quorum for General Body Meeting of the Association shall be one-tenth of the total numbers of members or twenty whichever is less.
a. The person presiding at the General Body Meeting may, with the consent of any meeting at which a quorum is present, shall if so directed by the meeting, adjourn the meeting from time to time and from place to place.
b. No business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
c. When a meeting adjourned for thirty days or more notice of the adjourned meeting shall be given as in the case of an original meeting.
d. Save as aforesaid it shall not be necessary to give any notice of any adjournment or of the business to be transacted at an adjourned meeting.
e. A 14 days notice shall be given for convening general body meeting and in case of emergency/extraordinary general meeting a two days notice shall be given.
8. PROCEDURE OF THE MEETING OF THE COUNCIL: The president or in his absence, the vice-president shall preside over all meetings of the council, and in their absence the members present shall elect a Chairman of the meeting. All questions will be decided by a majority of votes. The Chairman shall have a second vote or casting vote in addition to his own vote in the case of any equality of votes.
9. CASUAL VACANCY: If during any year, any member of the Council dies, retires or becomes incapable of discharging the affairs or business of the association, the remaining members of the council may fill up the vacancy temporarily until the election of such member at the annual general meeting of the association.
10. MANAGEMENT: The council shall carry on the functions or affairs of the association in accordance with its objects and may from time to time make and alter rules and bye-laws for the management of the objects, and as to the meeting of the council, the mode of convening the same and the conduct of functioning there at and otherwise as they may think fit and may also assign and/or delegate any of their powers and duties to any committee and committees of such members as they appoint for such purpose.
11. VESTING OF THE PROPERTY/SAFE CUSTODY OF FUNDS: All the properties of the association shall vest with the council of the association, and the council shall apply the same or their proceeds by sale or otherwise to promote and advancement of the aims and objects of the association. Any surplus money left in their hands shall be deposited or invested by them in such securities, properties or investments as directed in rule 36 mentioned below.
12. DISPOSAL OF THE PROPERTY: The council shall have full authority to dispose of the property or properties other than immovable properties of the association in such manner as they deem fit and also have the right to dispose of, vary or alter the investments made by them from time to time for the benefit of the association. The authority for disposal of immovable property shall vest with the general body.
13. VALIDITY OF THE PROCEEDINGS OF MEETING OF THE COUNCIL: The Council may act for all purposes notwithstanding any vacancy in their number, and proceedings at any meeting of the Council shall be valid and effectual notwithstanding that may be afterwards discovered that any member of the Council has been informally elected or is not properly qualified.
14. MEMBERSHIP OF THE ASSOCIATION: Any person who is a Chartered Accountant or other similar professional; Tax Practitioner, who is having a minimum qualification of any Degree of a recognised University, and an Advocate practicing tax laws in Guntur District is entitled to become a member of the association. The eligible person shall make an application for membership of the Association (except Honorary Membership) in the prescribed form and signed by the applicant. Such application forms shall be accompanied by the fee prescribed herein after. The power to admit Members to the Association shall vest in the Council. On such admission the applicant shall be entered on the rolls of the Association and he shall be a member.
15. MEMBERSHIP FEE: The members shall pay entrance fee and Annual Fee as the case may be as per the amount fixed by the Council from time to time. The Annual membership fee shall be for a financial year, and it will become due on 1st April every year.
16. CLASS OF MEMBERS: There shall be three classes of members of the association, namely, ordinary member; honorary member; and affiliated member.
a. “Ordinary Member” shall mean a member of the association.
b. “Honorary Member” shall be person of eminent position and attainment in the Tax practice invited by the Association to become a Member.
c. “Affiliated Member” shall mean and include an Association affiliated to the association.
17. CESSATION OF MEMBERSHIP: Any member shall cease to be a member
a. On his resignation from membership by a letter addressed to the council;
b. On his becoming insane or insolvent or dies;
c. On his conviction of any offence in connection with the formation, promotion, management or conduct of a Association or a body corporate or any offence involving moral turpitude.
d. Any member who is in arrears in respect of membership fee for more than a year his name would be removed from the register of members after giving a notice to him. He shall only be re-admitted as the council may direct on such terms and conditions by colleting entrance fee and arrears of membership fee in full.
18. REGISTER OF MEMBERS: The Association shall maintain a Register of members containing their names, addresses and occupations, the date of their admission and the date of cessation of their membership. The Register will be kept open for inspection of the members of the Association on requisition.
19. RIGHTS AND OBLIGATIONS OF MEMBERS:
a) An ordinary member of the Association has the right to elect and to be elected in any election of the Association.
b) Any member of the Association has the right to submit suggestion for discussion to the Council and the Committee on any matter.
c) An ordinary member has the right to inspect the accounts and proceedings of any meeting of the Association on appointment with the Secretary.
d) Any member has the right to forego his membership after due intimation in writing to the Council.
e) An ordinary member of the Association shall pay his subscription as fixed from time to time per each financial within one month .
f) At the Annual General Meeting of the members of the Association, every ordinary member including the Chairman of the Meeting shall have one vote, and in the case of equality of votes, the Chairman shall have a second or casting vote.
g) The defaulting members shall not be allowed to take part or vote in any meeting of the Association.
20. EXPULSION OF MEMBER: Any action of any member if found by the Council to be detrimental to the interests and objects of the Association and is in violation of the rules and regulations of the Association, such member may be after the enquiry, suspended or expelled from the membership by the Council. In that case the Council shall first serve the member concerned with a show cause notice showing therein the charges against him and ask him to submit his statement of defence or explanation within 14 days of service of such notice. If no reply to the show cause notice is received within the specified time, the Council may take an expert decision on the basis of such charges.
21. GENERAL BODY MEEING OF ASSOCIATION: There shall be two kinds of general meeting of the Association, namely, (a) Annual General meeting, and (b) Special or Extraordinary General Meeting. The Association shall hold an Annual General Meeting once in every year before end of the month of June each year. At least fourteen days notice specifying the time, place, day and hour shall be given to every ordinary member of the Association. A Special or Extraordinary General Meeting of the Association shall be convened by the Secretary if one-tenth or twenty ordinary members of the Association, whichever is lower, requisition such a meeting specifying the nature of the business to be transacted at such meeting. Secretary shall hold such a meeting within twenty-one days thereof. In case of default by the Secretary, the person who requisites may hold such a meeting provided that no functioning other than the function specified in the notice shall be transacted.
22. FUNCTIONS TO BE TRANSACTED AT THE ANNUAL GENERAL MEETING: The Functions to be transacted at the Annual General Meeting shall be:
a) To consider the report of the council on the working of the Association for the previous year ending 31st March and adopt the same.
b) To consider the report of the Auditor on the accounts of the Association To elect the members of the Council of the Association.
c) To appoint the Auditors for the Association and to fix the remuneration.
d) To consider any other subject that may be brought forward by any member; of which not less than 7 days notice shall have been given to the Secretary. PROVIDED that if the AGM is not held before 30th June, the term of the president & secretary shall automatically expire on that date and if such situation arises, then one-tenth or twenty members of the association, whichever is less shall convene a general meeting immediately and elect the new council.
23. MINUTES: The Council shall cause minute books to be kept of the proceedings at general meeting of the Association and at meeting of the Council and shall cause entries to be made therein of all resolutions duly passed in such meetings, and any such minutes signed by the Chairman or by a member of the Council present at the meeting be sufficient evidence of the due passing of any resolution of and it amounts to the majority voting in favour thereof.
24. ELECTIONS: The elections to the council of the Association shall be by ballot in the manner herein after provided.
a) The Council shall fix the date of the General Body Meeting and of election and the dates before which nominations papers should be received and withdrawals intimated and cause the publication of the particulars on the Notice Board of the Association.
b) The Secretary shall, ten days before the date fixed for election; cause to be prepared a list of members entitled to vote at the election and shall make the said list available for inspection at the office of the Association.
c) The list shall include the names of all members of the Association who are on the rolls except those disqualified under Rule No.17 supra.
d) Nomination of persons shall be filed in the Office of the Association seven days before the date fixed for the election.
e) Any member of the Association may propose another member for election as member of the council. Another member shall second the nomination. The person, in whose favour the nomination is filed, shall indicate his acceptance of the nomination. The nominations shall be in the form prescribed.
f) The Secretary shall scrutinise the nominations. He shall reject the nominations of members to the council who are disqualified to be members under Rule No. 17 supra and also such of the nominations as are not in conformity with the rules specified above.
g) A list of valid nominations shall be published by the Secretary on the Notice Board of the Association on the day following the last day for filing the nominations.
h) Any person whose name is nominated for election as member of the council may intimate in writing his withdrawal from the election by notifying same to the Secretary at least four days before the date fixed for election. A final list of valid nominations after withdrawals shall be published by the Secretary on the Notice Board of the Association immediately after the last date for withdrawals.
i) If the number of valid nominations does not exceed the number of persons to be elected to the Council, there shall be no ballot and all the persons so validly nominated shall be declared elected as members of the council.
j) The Ballot shall be held between the time (Minimum 2 hours) notified, on the date fixed for elections.
k) Ballot papers containing the names of the candidates nominated for election shall be distributed to the members entitled to vote between 11.00 A.M., and 4.00 P.M., on the date of the election on their signing the Register kept for the purpose.
l) On receiving the ballot paper the member shall exercise his vote by marking ‘X’ against the name of the person or persons in whose favour he intends to cast his vote. He shall then deposit the ballot paper in the sealed box or boxes kept at the office of the Association for the purpose.
m) At the General Body Meeting the chairman of the meeting shall appoint three or more members of the Association as Tellers for the purpose of taking charge of the ballot boxes, scrutinizing the voting papers and ascertaining the result.
n) The Teller so appointed shall scrutinise the ballot papers. All ballot papers which are improperly marked shall be rejected.
o) The Tellers shall, as soon as the scrutiny of the ballot papers is over, submit to the chairman of the meeting the result of the election.
p) In the event of any of the members securing equal votes, the Chairman shall cast his vote and declare the result accordingly.
q) The result of the election shall be notified on the Notice Board of the Association under the signature of the Chairman of the meeting as early as possible.
r) In the event of there being no nomination for the members of the Council as herein provided on or before the date fixed for the purpose, or in the event of all the nominations being either found invalid or withdrawn as herein provided, then the members of the Council holding Office shall continue until fresh nominations are called for and an election takes place.
s) If there are no sufficient number of nominations for the Council or if some of the nominees withdraw their names as herein before provided. Then the members elected shall fill up the vacancies by co-option.
25. BANK ACCOUNTS: Any account or accounts shall be opened with any scheduled bank or banks by the Council from time to time, and such accounts shall be operated jointly by the Treasurer and President/Secretary of the Council.
26. ACCOUNTS: The Council shall cause true accounts to be kept:
a) Of all moneys received and the source thereof and expended by the Association and the matters or purpose in respect of which such receipts and expenditure take place.
b) Of all the assets and liabilities of the Association and in such accounts assets help upon any special Association and receipts and payments on account of such Association shall be entered separately and apart from all other assets, receipts and payments.
c) Of all sales and purchases by the Association and of the stock of goods as also of all incomes and expenses, so as to give a true and fair view of the state of the Association's affairs and to explain its transactions, and
d) In case of any functions, trade etc., separate books of accounts for such functions trade undertaken by the Association shall be maintained.
27. STATEMENT OF ACCOUNTS: The Council shall lay before the Annual General Meeting of the Association in each year Receipts and Payments Account and/or an Income and Expenditure Account or a Profit and Loss Account and Balance Sheet for the year ending 31st March. Such account and balance sheet shall be accompanied by report of the Council as to the state of affairs of the Association and the report of the Auditors. A copy of every Balance Sheet together with a copy of other statement of accounts and the said report shall, not less than fourteen clear days before the date of the meeting before which such balance sheet and accounts and reports are to be laid, be sent to all members, auditor and other persons entitled to receive notices of the annual general meeting of the Association. The books of accounts and other statutory books shall be open for inspection of members on requisition.
28. AUDITOR: The Council shall appoint every year before hand auditor of the Association, who shall be a Chartered Accountant, who shall audit the accounts of the Association and submit to the Association a Report showing the exact state of the financial affairs of the Association.
29. NOTICES: A notice may be served upon any member, either personally or by sending it through the post in a prepaid letter addressed to such member at his registered address for service, if any. In the latter case it shall be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, except in the case of a notice of a meeting when it shall be deemed to have been served at the expiration of twenty-four hours after the posting of such notice and in proving such service it shall be sufficient to prove that the letter containing the notice was properly addressed and posted. The accidental omission to give notice of a meeting to or the non-receipt of a notice of meeting by any person entitled to receive notice shall not invalidate the proceeding at that meeting.
30. POWERS AND DUTIES OF THE COUNCIL: In addition to all powers hereby expressly conferred upon the Council and without prejudice to the generality of the foregoing powers and provisions of the law, the Council (the Executive Committee) shall have, amongst other the following rights, powers and duties:
a) To summon the Annual General Meeting of the Association:
b) To appoint committees and sub-committees with such powers and duties as may be considered necessary:
c) To sell, lease, mortgage or otherwise dispose of or deal with all or any part of movable properties of the Association as they may deem necessary or expedient in the interest and for welfare of the Association:
d) To purchase, exchange, take on lease or mortgage or otherwise deal with any property, movable or immovable, for the benefit of and/or to attain or achieve the objects and purposes of the Association as they deem just, necessary or expedient. Whereas Governing Body shall obtain prior approval in AGM to deal with any matter relating to immovable properties.
e) To accept in the name of the Association donations, contributions, gifts, subscriptions, grants of any money or other movable and immovable property for the objects and purposes of the Association:
f) To use or be used, or institute or defend any legal proceedings or steps or cases, as may be necessary or appropriate, on behalf of and for the benefit of the Association either in the name of the Association or in the name of the Secretary, or any office-bearer or officer of the Association authorised by the Council or the Secretary in this behalf, to uphold and enforce, defend or indicate the legal rights of the Association.
g) To keep and maintain proper accounts of the Association and get them audited by a Chartered Accountant and to open bank account(s) in the name of the Association. The treasure shall operate such bank account or accounts jointly with the President/Secretary of the Association.
h) To manage the properties and assets of the Association, to construct erect and maintain buildings and to develop, improve the properties, movable and immovable, of the Association:
i) To enter into contracts or arrangements for and in connection with any of the objects and purposes of the Association.
j) To expend the money, funds of the Association in such a manner as they shall consider most beneficial for the purposes of the Association and to invest them in the name of the Association, and to vary and sell or transpose any such investments, and to expend the proceeds of any such sale for the purpose of the Association.
k) To accept the management of any Association, fund or endowment in which the Association is interested:
l) To raise funds for the Association by gifts, donations, contributions, subscriptions or otherwise:
m) To raise or borrow money with or without security of any property of the Association, and with or without any interest for the purpose and benefit of the Association:
n) To assign from time to time such functions and duties and delegate all or any of its powers to any committee or committees or any officer or office-bearers of the Association.
o) If during any year, any member of the Council dies, retires or becomes incapable of discharging the affairs or business of the Association as such member on account of any disability, the remaining members of the Council may fill up the vacancy temporarily until the election of such member at the Annual General Meeting of the Association.
p) The Council may at for all purposes notwithstanding any vacancy in its number, and proceedings at any meeting of the Council shall be valid and effectual notwithstanding they may be afterwards discovered that any member of the Council has been informally elected or is not properly qualified:
q) The Council shall determine and provide ways and means for carrying out the objects and purposes of the Association, including its business, and for the maintenance of the servants, officers and volunteers of the Association, by suitable remuneration.
r) The Council shall have the power to defend any suits, legal proceedings or cases for or against the Association and their office-bearers, officers, members, employees, workers or agents for his or their acts or omissions done bonafide and in the course of or in connection with the work or objects of the Association and to incur or expend necessary expenses for his or their defence and indemnify him or them against any losses or injuries suffered by him or them as such out of the funds of the Association.
s) Generally, to do all things and deeds necessary or expedient for the due conduct of the functions or affairs of the Association not herein otherwise expressly provided for.
t) The Council may at any time convene meetings at which a person specifically invited by the Association for the purpose, may deliver an address or read a paper or lead a debate on any subject relating to the study or practice of tax laws, the administration of justice or any legislative measure or any other matter of public interest.
31. POWERS AND DUTIES OF THE PRESIDENT: The President of the Association shall preside over meetings of the Association and take all disciplinary actions, such as removal, dismissal, etc., of erring employees in consultation with the Council after following the principles of natural justice and fair-play.
32. POWERS AND DUTIES OF THE VICE-PRESIDENT: the vice-president shall have all the powers of president in the absence of president.
33. POWERS AND DUTIES OF THE SECRETARY: Subject to the provisions of the Act and these Regulations and to the control and directions of the Council (Executive committee), the Secretary in addition to his rights, powers and duties as mentioned herein before, shall
a) Convene all meetings of the Association.
b) Issue general circular and notice.
c) Maintain the minute books of all meetings.
d) Sign on behalf of and for the Association all receipts for all sums, monies, properties received as subscriptions, contributions, gifts and donations, etc., and may also assign or delegate his powers or authority to any office bearer or officer to sign such receipts on behalf of the Association.
e) Operate jointly with the Treasurer of the Association the bank account or accounts of the Association.
f) Have the power to appoint different employees, and to transfer any of them according to law and these regulations for proper administration of the affairs or business of the Association and to assign or delegate any of his power to any of them to carry out the work or affairs of the Association as he deems fit, just, necessary, convenient or proper.
33. POWERS AND DUTIES OF THE JOINT SECRETARY: The Joint Secretary shall perform all or any of the functions which the Secretary is empowered supra. By mutual consent the several duties mentioned above may be divided between the Secretary and the Joint Secretary and in the absence of mutual consent the council may allot specific duties to the Joint Secretary. In the absence of Secretary, the Joint Secretary shall perform all the functions of the Secretary.
34. POWERS AND DUTIES OF THE TREASURER: The treasurer shall collect and receive all subscriptions, donations, contributions etc., and grant receipts in respect thereof. He shall maintain and keep cash books and such other accounts and vouchers as are necessary.
35. SUITS AND LEGAL PROCEEDINGS: All the suits and legal proceedings by or against the Association shall be in accordance with the provisions as mentioned in these Regulations of the Association and/or as laid down in the AP Societies Registration Act, 2001.
36. FUNDS: The funds of the Association shall be deposited in Scheduled Bank or Banks as per decision of the Council. The funds of the Association shall be spent only for attainment of the objects of the Association and no portion of funds shall be paid or transferred to any of its members.
a. Provided that the funds of the Association shall be invested in any mode in accordance with the provision of section 11(5) of Income tax Act as amended from time to time.
b. Provided that nothing herein after contained shall prevent the payment in good faith of remuneration to any officers or servants of the Association or to any member of the Association or other persons in return of any services actually rendered to the Association nor prevent the payment of interest on money borrowed from any member of the Association.
c. The corpus fund may be used for purchasing immovable property with the prior approval of General Body.
d. The accounts of the Association shall be audited and the Auditor shall submit the audited accounts and his report to the Council not later than 31st May. The Auditor’s report with the audited accounts shall be placed before Annual General Body Meeting with the remarks of the Council if any.
37. COMMON SEAL: The Council shall provide a common seal for the purposes of the Association which shall be kept under such custody and control as the Council shall from time to time determine. The seal of the Association shall not be affixed to any instrument except pursuant to a resolution of the Council and in the presence of two members of the Council who shall sign every instrument to which the seal is affixed in their presence and every such instrument shall be counter signed by the Secretary.
38. AMENDMENTS: Subject to the provisions of the AP Societies Registration Act, 2001 the rules and the provisions of the Memorandum of Association of the Association, these Regulations of the Association may be altered, with the prior approval of Commissioner of Income tax, by the votes of three-fifth of the ordinary members of the Association present at a general meeting of the Association convened according to the regulation. Voting by proxy shall not be allowed.
39. DISSOLUTION: The Association may be dissolved by a resolution to the effect passed by three-fourths of the ordinary members of the Association present at a general meeting convened for the purpose. The said meeting shall also decide the manner of disbursement of the funds and assets of the Association, if any, after dissolution. The assets of the Association after discharging the liabilities shall be transferred to another Association having the similar objects and recognised under section 12A of Income tax Act, 1961 as amended from time to time.
40. MEMBERS TO RECEIVE NO PROFIT UPON DISSOLUTION: If, after the disposal and settlement of the property of a Association and its claims and liabilities, there are any surplus assets such assets shall not be paid to or distributed amongst the members of the Association or any of them but shall be given to some other Association to be determined.
41. The income and property of the Association what so ever derived shall be applied solely towards the promotion of the objects of the Association as set forth above and no portion thereof shall be paid or transferred directly or indirectly by way of dividends, bonus or otherwise, how so ever by way of profits to the members of the Association.
42. The activities of the association shall be carried out only within the India and no activities shall be carried out anywhere outside India.
43. Save as expressly mentioned herein before, the provisions on other matters shall be governed by the AP Societies Registration Act, 2001 and the Rules made there under. We the undersigned members of the Governing Body and subscribers to the Memorandum of Association of the …………………………………………….. hereby certify that the above is a correct copy of the Regulations of the Association.
We the under signed do hereby certify that this is the correct copy of Rules and Regulations of the said Association.