1. NAME OF SOCIETY: –
The name of the Society is INDIAN LAWYERS ASSOCIATION
2. REGISTERED OFFICE OF SOCIETY: –
The Registered office of the Society is situated presently at No. F-9, 4TH FLOOR, NEWRY SHREYA APARTMENTS, ANNA NAGAR EAST, CHENNAI – 600 012.
3. DATE OF FORMATION OF THE SOCIETY: –
The Society was formed on 18-OCT-2018
4. JURISDICTION OF THE REGISTRAR OF SOCIETY: –
The Society is situated within the jurisdiction of the Register of Society & Register of Societies & Registrar of Assurances
5. BUSINESS HOURS OF THE SOCIETY: –
The business hours of the Society shall be between 9 AM to 6 PM
6. OBJECTS OF THE SOCIETY: –
The objects of the society are those mentioned in the Memorandum of Association and in particular the following: – The Society would serve as the umbrella organization for qualified attorneys, and associated dignitaries who are concerned with the well-being of the legal profession and legal professionals throughout India The Society seeks to strengthen the rapidly growing Indian legal community with a recognized and trusted forum for professional growth and advancement and aims to promote civil rights and access to justice in the community. The Society’s goals and objectives include building a strong community of professionals who are concerned with the growth and well-being of the legal profession, promoting knowledge sharing and ideas for the legal community across 100 or more cities, bringing the best lawyers to share knowledge with young professionals for their advancement, providing mentorship and support for our members and create a networking medium and Signature of Empowered professional development opportunities for individual law students and attorneys The detailed Objectives of the Society are enumerated in the Memorandum of Association.
7. SUITS: –
The Society shall sue or to be sued in the name of the President of the Society
8. PERSON COMPETENT TO GIVE DIRECTIONS: –
The President of the Society unless otherwise provided hereunder is empowered to give directions in regard to the business of the Society.
9. ENROLLMENT OF MEMBER: –
Membership is open to lawyers, judges, professors, law students, and others interested in the law and the legal profession. The Executive Committee can accept or reject the members of the association without any explanation or any prior notice. Every member of the association shall have one vote. Any member who is unable to attend the meeting shall authorize in writing to the president, his representative to vote on his behalf
10. RIGHTS, OBLIGATIONS AND PRIVILEGES OF MEMBERS: –
a) Every member is entitled to enjoy and to avail the facilities provided by the society
(b) Every member shall have the right to take part in General Body Meeting and shall have one vote at such meetings
(c) Every member is entitled to contest for the membership in the Executive Committee
(d) Every member shall abide the rules and regulations laid down in the byelaws and also strive hard to promote the objects of the Society
(e) Every member shall maintain the spirit de corps and have cordial relation with the members either personally or in profession Signature of Empowered
(f) If any member causes loss or damages to the properties of the society in a manner otherwise in discharge of the duties is liable to make good the loss or damages caused such member.
11. TRANSACTION OF BUSSINESS: –
1.) The Executive Committee shall transact its business through the members of Executive Committee.
2.) The Executive Committee has the power to appoint staff for Executive Work of the Association and to frame service rules for such staff
12. EXECUTIVE COMMITTEE: –
(A) Constitution: The Executive Committee consists of
President Secretary Treasurer Executive Member Executive Member Executive Member Executive Member
(B)Appointment of Executive Committee Members:
(i) All the members of the Executive Committee shall be appointed by a resolution passed by a majority of the members entitled to vote at the General Body meeting in pursuance of the election conducted straightway to the designations specified
(ii) Any interim vacancies in the Executive Committee shall be filled up only by the General Body and the term of office of such members shall be on par with other members of the executive committee. No co-option/nomination of members can be made to the Executive Committee
(C) Term of Office of the Executive Committee Members :
(i) The term of office of the Executive Committee members will be one year Signature of Empowered
(D)Powers of the Executive Committee :
a. To manage, govern and control the affairs of the Society.
b. To consider budget estimates for the next year and to present the same before the General Body Meeting for final Approval.
c. To approve and place at the General Body Meeting, the proposed activities for the next year.
d. To recommend to the Executive Committee regarding the appointment of auditors.
e. To consider the agenda for the next General Body Meeting.
f. To receive donations in the name of Society from members, individuals, voluntary organizations, non-governmental organizations and grants from the government for achieving the aims and objects of the Society.
g. To do all such acts and activities as may be necessary whether ancillary or incidental to the powers, functions and duties aforesaid, in furtherance of the objects of the Society.
h. The Executive Committee with a unanimous consensus may, from time to time amend the provisions relating to membership/ admission/subscription fees payable by Members or frame rules relating thereto.
i. Grievances in relation to an election or other organizational matters shall be discussed by the Executive Committee and its decisions shall be final and binding.
j. Such amendments shall be passed by a resolution at the General Body Meeting or the Extra Ordinary General Body Meeting.
k. The Executive Committee may appoint such Sub-Committee(s) and Ad hoc Committee(s) and may co-opt members of the Society who are not members of the Executive Committee to such Sub-Committees or Ad-hoc Committees for the purpose of management of various affairs of the Society.
(E) Powers of the Office Bearers :
(A) President :
a. The President shall be the administrative head of the Society and shall be assisted by the Secretary and other members of the Executive Committee.
b. She shall preside over the meeting of the Executive Committee, the General Body, the Extra Ordinary General Body and other meetings, functions, seminars, symposiums etc. on behalf of the Society. c. She shall exercise general supervision over the activities of the Society. d. In matters of urgency of which she shall be the judge, the President may exercise powers of the Executive Committee and get her decisions ratified by the Executive Committee.
(B) Secretary :
a) The Secretary shall be responsible for general supervision of the work and formulation of the programs of the Society. He shall present the annual report at the Executive Committee and the General Body Meeting, giving a general overview of the work of the Society during the preceding year.
b) He shall issue notices for the meetings in consultation with the Executive Committee and shall prepare and keep the minutes of all the meetings of the General Body/ Executive Committee.
c) He shall be the custodian of all the documents and papers of the Society.
d) He shall exercise general supervision over the affairs of the Society.
e) He shall maintain the Register of Members, with the names, addresses, occupation details etc. of the Members of the Society.
f) He shall execute contracts on behalf of the Society.
g) In general, He shall perform all such duties as may from time to time, be assigned to him by the Executive Committee or by the
President or as are prescribed by law or under the Society’s Rules.
(C) Treasurer :
a. The management of finances and property of the Society shall be supervised by the Treasurer of the Society.
b. He shall prepare and place the annual budget and such interim demands as may be necessary before the Executive Committee for sanction.
c. He shall control the accounts of the Society and their audit.
d. He shall operate the Bank Account of the Society jointly with the President. All cheques shall be signed either by the President or the Treasurer, with prior written approval from the President.
e. He shall be responsible for making all collections and to receive cash/cheques/drafts and give receipt thereof on behalf of the Society.
f. He shall place duly audited annual accounts of the Society at the General Body and the Executive Committee Meeting of the Society.
g. He shall be responsible for maintaining all financial documents, supporting receipts and expenditure with latest Bank statements and shall make available such accounts to the President and the Executive Committee as may be desired by them from time to time.
(G) Elections :
The Executive Committee Members shall be elected at the General Body Meeting through a secret ballot voting by members of the Society present and entitled to vote. The elections can be held earlier (before the tenure of the Executive Committee members expires) if so demanded by one – third (1/3) of the members of the Executive Committee or if demanded by one – third (1/3) of the members of the Society at the Extra-Ordinary General Body Meeting
13. PREPARATIONS AND FILING OF RETURNS, STATEMENTS ETC: –
The Society shall annually submit the following reports with the concerned Registrar:
• Audited financial statements as submitted at the General Body Meeting within 6 months of such meeting,
• Register of Members in Form VI,
• Any amendments to the By-Laws and/or the Memorandum of Association within 3 months of such change,
• Form V for noticing any changes in registered address of the Association within 3 months.
• Form VII for the changes in membership and/or in Executive Committee within 3 months of such change.
14. AUDIT OF ACCOUNTS: –
(A) BUSINESS OR ACCOUNTING YEAR OF THE SOCIETY : The business year of the society shall be:31st March to 1st April
(B) ACCOUNTS AND AUDIT:
a. Auditors shall be appointed by at least one-third (1/3) of the total votes of the Members present at Executive Committee Meeting.
b. The Society shall have its accounts audited by such duly appointed Auditor at least once a year.
c. Every account of the Society when audited be approved by the General body shall be conclusive.
(c) ACCOUNTS AND BOOKS :
a. The Executive Committee shall keep at the registered office or at such other place in India, as the Executive Committee thinks fit, proper books of account with respect to:
• All sums of money received and expended by the Society and the matters in respect of which the receipts and expenditures take place;
• All sales and purchases of goods, movable or immovable, by the Society; and
• The assets and liabilities of the Society. b. The Society shall preserve in good order and condition the books of account kept by the Society shall give a true and fair view of the state of affairs of the Society and shall be open to inspection by any Member during normal business hours.
15. SUPPLY OF COPIES OF BYELAWS, RECEIPTS AND EXPENDITURE ACCOUNT AND THE BALANCE SHEETS: –
The copies of byelaws, receipt and expenditure and balance sheet shall be supplied to members on application at a cost of Rs one for each copy of the above.
16. MODE OF CUSTODY, APPLICATION AND INVESTMENT OF THE FUNDS OF THE SOCIETY: –
1. No part of the funds of a registered society shall be divided by way of bonus or dividend or otherwise among its members:
2.save us provided in sub-section (2), no payment shall be made out of the funds of a registered society to be president or any other officer of the society by way of honorarium for any service rendered by him to the society. Investments of funds: A registered society may, to such extent and under such conditions as may be permitted by its bye-laws, from time to time, invest or deposit any portion of its funds not immediately required,
1. upon immovable properties; or
2.in securities of the Government or in National Savings Certificates or other securities of the Government of India ; or
3.in the post office saving Bank Account or
4.in a special account opened by the registered society for the purpose in a –
a) corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act.1970( Central Act 5 of 1970) ; or
b) society registered or deemed to be registered under the Tamil Nadu Co-Operative Societies Act, 1961 (Tamil Nadu Act LVIII of 1961), the primary object or principal business of which is the transaction of banking business; or 5.in such other mode of investment as may be prescribed
17. PRESIDE AND PROCEESINGS OF THE MEETINGS: –
Every meeting shall be chaired by the President, if he is present, or one elected to chair the
meeting by those present at the meeting.
Every proceeding of the meeting shall be recorded in the Book of Minutes and shall be signed by the Chairman of the meeting at which the proceedings were held or by the Chairman of the next succeeding meeting
18. GENERAL BODY MEETING: –
(A) ANNUAL GENERAL BODY MEETING
a. General Body Meeting shall be convened before the 30th of September each year.
b. At least one third of the total membership of the Society must attend for such meeting to be convened (Quorum).
c. A prior notice shall be issued to all the members with respect to the meeting at least 21 days before the date when the meeting is scheduled.
d. The Executive Committee shall cause to be prepared and to be laid at every General Body Meeting, the balance sheets, profit and loss accounts or income and expenditure accounts audited by the chartered accountants along with the reports of the auditors.
e. A copy of every such profit and loss account or income and expenditure account and balance sheet (including the auditors’ report and every other document required under the Act to be annexed or attached to the balance sheet) shall be sent to all the Executive Committee Members of the Society along with the notice convening a General Body Meeting.
f. Adjourned Meetings: If the required quorum for a meeting is not present on the particular day, it shall be considered adjourned, and shall be held on the same day, at the same place, after a lapse of an hour, provided the requisite Quorum is present. This shall also apply to adjourned meetings of the Executive Committee. In the event the requisite Quorum is not present post an hour, the meeting shall be adjourned to another date. Fresh notice shall be sent for such adjourned meetings. Besides this, if the Presiding Officer finds that the atmosphere is not conducive to hold the meeting in a proper manner, he may adjourn it.
g. The matters to be discussed at the General Body Meeting shall be duly notified by the Executive Committee and the Minutes of the Meeting shall be prepared and circulated among the Members by the Secretary.
(B) EXTRA ORDINARY GENERAL BODY MEETING
a. In the event of special and emergency circumstances, Extra-Ordinary General Body Meetings may be convened by the Executive Committee, by giving a prior notice to all the members at least 21 days before the date when the meeting is scheduled.
b. The matters to be discussed at the Extra-Ordinary General Body Meeting shall be duly notified by the Executive Committee and the Minutes of the Meeting shall be prepared and circulated among the Members by the Secretary.
(C)NOTICE REGARDING GENERAL BODY MEETING for all General Body meetings, a notice stating the venue, date, time and agenda of such meetings shall be communicated to all members in advance of 21 days Such 21 days will exclude the date of postage and date of meeting The notice shall be served in the following manner: –
a) By local delivery or
b) By Circulation among the member; or
c) By publication through Press Apart from the above copy of such notice shall also be affixed in the notice board of the Society
(D)Quorum and adjournment The quorum for all General Body meeting shall be 1/3 of the total members in the event of such quorum is not present at the appointed hour the meeting shall stand adjourned for the next hour at the same place and of such adjourned meeting the members present shall constitute a quorum
(E) Decision at the General Body meeting All questions before any meeting shall be decided by majority of votes except the one which is to be passed by special resolution In case of equality of votes, the Chairman of the meeting shall have his casting vote (except for Special Resolution) In case if confusion arises in counting the votes by hand showing, the same will be decided by making arrangement for sitting of favouring the motion on one side and the opposition persons on the other side
19. BOOK FOR MINUTES OF THE MEETING
a. The Society shall maintain minutes of all proceedings of every Meeting including the Executive Committee Meeting, the General Body Meeting as well as the ExtraOrdinary General Body Meeting.
b. Each page of every such book shall be initialled or signed and the last page of the record of proceedings of each meeting in such book shall be dated and signed by the Presiding Officer of the same meeting within thirty days of conclusion of such meeting, or in the event of the death or inability of that Presiding Officer within that period, by a Member of the Executive Committee duly authorized for the purpose.
c. The minutes of each meeting shall contain a fair and correct summary of the proceedings thereat. d. The Presiding Officer of the meeting shall exercise an absolute discretion in regard to the inclusion or non-inclusion of any matter in the minutes. e. Minutes of the meeting kept in accordance with the aforesaid provisions shall be evidence of the proceedings recorded therein.
20. VOTING RIGHTS
Every member of the Society, including the Executive Committee Member, Contributory Member and the Founding Member shall have one (1) vote only. Honorary Members will have no voting rights. Every Executive Committee Member shall be eligible to appoint one proxy in case the relevant Member is unable to attend the meeting. The duly appointed Proxy shall be eligible to exercise all powers of the respective Executive Committee Member at the Meeting. However, the relevant details of the duly appointed Proxy must reach the Society’s Registered Office at least 7 (seven) days before the concerned Meeting. All the matters shall be decided by 1/3rd majority of members present and voting at any meeting unless otherwise provided herein.
The Executive Committee Members shall be elected at the General Body Meeting through a secret ballot voting by members of the Society present and entitled to vote. The elections can be held earlier (before the tenure of the Executive Committee members expires) if so demanded by one – third (1/3) of the members of the Executive Committee or if demanded by one – third (1/3) of the members of the Society at the Extra-Ordinary General Body Meeting.
22. FUND RAISING/SOURCE OF FUNDS
Funds/Income to the Society may accrue in the following manner: a. Contribution made by members of the Society, including the Contributory Members. b. Contribution made by other corporations, entities and individuals towards the achievement of the Objectives of the Society.
23. BANK ACCOUNT
The bank account or accounts of the Society will stand in the name of the Society or in such name as the Society may hereafter bear. All cheques drawn on behalf of the Society will be signed by any two of the following i.e. the President and the Secretary.
25. SPECIAL RESOLUTION: –
(A) Definition Special Resolution means a resolution passed by a majority of not less than threefourths of such members of a registered Society entitled to vote as are present in person at a General Meeting of which a notice of not less than 21 days, specifying the intention to propose the resolution as a special resolution, has been duly given Provided that, if all the members entitled to vote at any such meeting so agree, a resolution may be passed as a special resolution at a meeting of which a notice less than 21 days under this rule has been given
(B) Requirements of Special Resolution the Special Resolution is required for the following matters
a) To carry on the administration of the Society more economically or more efficiently; or
b) To attain its main purpose by new or improved means; or
c) To amalgamate with any other registered society having similar objects; or
d) To divide the Society into two or more societies; or
e) To amend the byelaws; or
f) To change the name of the Society; or
g) To dissolve the Society
26. INSPECTION OF RECORDS AND ACCOUNTS BOOKS ETC: –
The Register of the Members, the Minute Books and the Books of accounts including receipts books and voucher file and bank accounts shall be kept and maintained only at the registered office of the society and shall be available for inspection during business hours by the members of the society free of cost without any application.
27. DISSOLUTION: –
a. Any number not less than two-third (2/3) of the total voting members of the Society may determine that the Society shall be dissolved by way of passing a special resolution 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 Society, its claims and liabilities, according to the By-Laws of the Society applicable thereto, if any.
b. In the event of any dispute arising among the Members of the Society regarding the dissolution of the Society, the adjustment of the affairs of the Society shall be referred to the principal court of original civil jurisdiction of the district in which the registered office of the Society is situated; and the Court shall make such order in the matter as it shall deem requisite.
28. AMENDMENT TO BY-LAWS, OBJECTIVES AND NAME OF THE SOCIETY: –
a. Any amendment, addition, deletion or alteration to these By-Laws shall be made at any time by passing a resolution by a majority of at least ¾ the of the Members present at a General Body Meeting or Extra-Ordinary General Body Meeting of the Society duly convened and held for the purpose.
b. No such amendment shall be carried into effect unless:
• Such amendment proposal shall have been delivered or sent by post by the Executive Committee to every Member of the Society one week previous to the General Body Meeting and/or the Extra-Ordinary General Body Meeting convened by the Council for the consideration thereof; and
• Such amendment proposal shall have been agreed to by not less than 3/4th of the votes of the total voting members present at the General Body Meeting and/or the Extra-Ordinary General Body Meeting shall take effect when registered and approved by the Registrar of the Society.
c. A copy of the Resolution approving the amendment(s) shall be filed with the Registrar of Societies concerned, as required under the law.
d. Whenever it shall appear to the Executive Committee that it is advisable to alter, extent or abridge any of the Objectives of the Society set out in the Society’s Memorandum of Association or to amalgamate the Society wholly or partly with any other society and/or change the name of the Society, the Executive Committee shall submit a proposition at the General Body Meeting and/or the Extra-Ordinary General Body Meeting of the Society in a written or printed report and take the same for consideration thereof in accordance with these By-Laws.
e. No proposition be carried into effect unless:
• Such proposition shall have been delivered or sent by post by the Executive Committee to every Member of the Society one week previous to the General Body Meeting and/or the Extra-Ordinary General Body Meeting convened by the Council for the consideration thereof; and
• Such proposition shall have been agreed to by not less than3/4th of the votes of the total voting members present at the General Body Meeting and/or the ExtraOrdinary General Body Meeting.
f. All the alterations and amendments in the Memorandum of Association or By-Laws shall be carried out as per the procedure laid down under the Tamil Nadu Societies Registration Act, 1975.
29. APPLICABLE LAW: –
All the provisions of the Tamil Nadu Societies Registration Act, 1975 shall apply to this Society. For all matters that are not dealt with in these By-Laws, the Tamil Nadu Societies Registration Act, 1975 shall apply and in the event of conflict, the Tamil Nadu Societies Registration Act, 1975 shall override the provisions of these By-Laws.