Constitution

Article I -- Membership

Eligibility:

(a) Proprietor of the firm.
(b) One Partner of the Partnership Firm. However, for second or more than two partners to become members of the Association, the other partner seeking membership has to fill a separate Membership Form.
(c) Any Director of Public Listed/Private Limited Company having a registered office in Amritsar. Different Directors seeking membership of ACTA will have to fill different Membership Forms.
(d) Guest Membership is allowed to the Director/Partner/Manager of the Firms which have their main office in a city other than Amritsar and working office in Amritsar. However, they will not be entitled to have voting rights.
(e) Any Freelancer who is recommended by at least three members of the association (ACTA).
(f) Honorary Members: Eminent Persons may be admitted to be Honorary Member(s) of the Association by the Executive Committee of the Association. Honorary members, however, do not have the right to vote.
(g) Affiliate Membership: The Association can be affiliated to larger associations at District, State, Regional, or National levels to have a more powerful impact on association activities.
(h) The Association (ACTA) can affiliate or merge smaller associations like those of Batala, Gurdaspur, etc. However, members of affiliate associations do not have a right to vote.

Article II -- Membership, Subscriptions, Tenure, Cancellation

(a) Any person satisfying Article I will be eligible to be a member and shall become a member upon payment of the membership fee. There shall be a one-time Startup/Registration/Membership/Admission fee of Rs.2500/- and an annual membership of Rs.1500/-, which may be modified by the General Body from time to time.
(b) A membership may be terminated by the general body if the member is convicted of a criminal offense or on account of moral turpitude.
(c) The Executive Committee shall have the power to expel a member for willful disregard of the Association's rules or misconduct, provided that the member concerned is first given an opportunity to explain his conduct.
(d) If any member fails to pay the annual subscription fees for twelve months after the same has fallen due, they shall cease to be a member of the Association, and the Secretary shall remove the name of such a defaulter from the register of the members.
(f) A resignation from membership shall be tendered to the President, and it shall not take effect until it has been accepted on behalf of the Association by the Executive Committee.

Financial Year: The Financial year for the purpose of finalizing the accounts and elections of the Association shall be from April 1st to March 31st.

Article III -- Management of the Association

The Management of the Association shall be vested in the Executive Committee. It shall consist of not less than 7 (excluding President) and not more than 10 members and shall be constituted as follows:

(a) The President of the Association, to be elected at the Biennial (Two Years) or a Special General Meeting called for the purpose. The tenure of the President will be for Two years.
(b) Seven members to be elected for the executive committee at the Biennial (Two Years) or Special General Meeting called for the purpose.
(c) The Executive Committee may or may not co-opt up to 2 members depending upon the need expressed by elected executives.
(d) The quorum for an Executive Committee meeting shall be 2/3rd of the EC-Body.
(e) The Executive Committee shall have the power to incur expenditure necessary to carry out the aims of the Association.
(f) Vacancy in the Executive Committee, except that of President, arising on account of resignation, or otherwise, may be filled up by the Executive Committee by co-option.
(g) The Executive Committee shall have the power to frame bye-laws consistent with the aims and objects of the Association.
(h) The mandate of the Executive will be for a period of two years. It will be responsible for running the Association for fulfilling the objectives stated in Clause 2 of MOA and other programs of benefit to the association.
(i) It will be authorized to accept donations, gifts and bequests for the furtherance of the aims and objectives of the Association. No member of the Association shall enter into any dealings on behalf of the Association, unless the Executive Committee has previously authorized him or her to do so.
(j). The Executive Committee shall elect from among their members the following co-bearers:
    i) A Vice-President
   ii) A Communications Officer (who will also edits the Newsletter and is responsible for publicity, administers The Association's web site and mail base)
   iii) A Secretary
   iv) A Joint Secretary and
   v) A Treasurer.
(k). The Executive Committee may appoint from time to time such Sub-Committees, or special sub-committees partly from among its Members and partly from among the Members of the Association as may be required, and shall prescribe the terms of reference, powers and privileges of such Sub-committees or Special Committees.

Article IV -- Bank Account, Investments, etc.

(a) Management of account:
Any two persons (and not less than two), being
(i) the Treasurer and
(ii) either the President, or the Secretary, shall operate jointly the Association's Bank account.
(b) The Association's investments and any other property shall be held in the names of any three Members of Association, to be selected by resolution of any Executive Committee, and the said three Members shall remain as such holders until resignation, death, or replacement of any of them by a resolution of any Executive Committee in office for any reason at their sole discretion.
(c) The Executive Committee may also, by resolution, designate three Members of the Association to sign any documents, etc., other than those referred to in paragraph (a) and (b) of this Article, on behalf of and binding on the Association. Every such designation shall be specific, and shall cease after completion of its purpose.
(d) All accounts in Banks or any other institutions shall be held in the name of the Association as prescribed in Article IV a) above.

Article V -- Executive Committee Meetings:

(a) The Executive Committee shall meet as often as may be necessary, but not less than thrice every year to transact the business of the Association. The President shall preside at such meetings. In his absence, the Vice-President shall preside, and in the absence of the President and of the Vice-President, the members present at the meeting shall elect one amongst themselves to preside. If there is no quorum in the meeting, the presiding person may decide on the place and time of the next meeting for which no quorum will be required.
(b) Any elected or co-opted Member of the Executive Committee / Sub Committee absenting from three consecutive committee meetings without prior intimation shall be deemed to have vacated the respective office.
(c) At least ten clear days notice shall be given for a meeting of the Executive Committee. The meeting shall be convened by the Secretary designated for the purpose, in consultation with the President of the Association.
(d) Any five Members of the Committee may require the Secretary to call a meeting of the Committee by requisition in writing, stating the object for which they desire that the meeting be called, and there upon the Secretary shall proceed to do so. In the event of the Secretary failing to convene such meeting within thirty days after receipt of the requisition by him, the members who requested for the meeting may themselves convene a meeting of the Committee on due notice.

Article VI -- Annual General Meeting:

The Annual General Meeting of the Association shall be held every year not later than 15 months after the holding of the previous Annual General Meeting to transact the following business:
(a) To present and consider the Annual Report and Audited Statement of Accounts.
(b) To elect the President and other members of the Executive Committee at a Biennial General Meeting of the Association, unless this election was already held during the year at a Special General Meeting called for the purpose.
(c) To appoint Auditor or Auditors and to fix their remuneration, if any;
(d) To consider any other matter on the agenda.
(e) A notice convening the Annual General Meeting shall be sent, together with the Agenda by the Secretary, to each Member at least fourteen days before the date of the meeting.
(f) The notice of any motion to be proposed at the Annual General Meeting shall be sent to the Secretary in advance, so that it may be included in the Agenda of a subsequent meeting.
(g) The President, and in his absence, the Vice-President, shall preside at such meeting. In the absence of both of them, those present shall elect one amongst themselves to preside.
(h) The Quorum shall be 15 members. In the event of there being no quorum at the time and place appointed for a General Meeting, the same may be held by those present to be adjourned at the same place not exceeding 30 days and it should be intimated again to all members . At such a rescheduled meeting the business on the Agenda may thereafter be transacted, even if there is no quorum.

Article VII -- Procedure for election:

Voting and other procedures (a) All matters at any General Body Meeting, except the election of the President and elected members of the Executive Committee, shall be determined by show of hands, or if challenged, by a division, and no voting by proxy shall be permitted.
(b) Election of the President shall be through a secret ballot and the other Members of the Executive Committee shall be secret ballot, and no voting by proxy shall be permitted. Any Member can contest for President and Executive member both by filing both Nomination Forms, but he will have to select one position after elected, if on both posts.
(c) In case of equality of votes in both (a) and (b), the person presiding over the Meeting shall have a casting vote in addition to his own vote.
(d) The Executive Committee will decide on the appointment of returning officer(s), and the procedure for receiving and counting of votes etc. The returning officer shall be responsible for receiving nominations, nomination fees, sending out the ballots, receiving the responses, counting and announcement of results. The returning officer shall be appointed 45 days before the end of the date of the elections.
(e) Fifteen members of the Association may request the Secretary to call a Special General Meeting by a requisition in writing, stating the objective for which they desire that the meeting be called, and there upon the Secretary shall proceed to do so after consultation with the Executive Committee.
(f) The Executive Committee shall be entitled to call a Special General Body Meeting for carrying out the purposes of these Articles and of the Association. The notice, quorum and all procedural aspects relating to such Special General Body Meeting shall be the same as those provided in these Articles, in respect of Annual General Body Meetings.

Article VIII -- Responsibilities of Elected Body:

(a) Authority - The Executive Board is the final authority in carrying out policies and procedures as specified in the Constitution and Bylaws. Further, it is the responsibility of the Board to ensure that appropriate procedures are followed in revising the Constitution and Bylaws.
(b) Responsibilities - The responsibilities of the Board shall include but not be limited to:
(i) Initiating action to carry out the purposes and objectives of the Association including the authority to appoint and discharge any committees deemed necessary to conduct the work of the Association.
(ii) Distribution of funds necessary to conduct the work of the Association.
(iii) Appointment, supervision, and evaluation of the Working Committees of the Association.
(iv) Auditing the financial records of the Association and the preparation of an audit report to be presented at the Annual Business Meeting.
(v) Approval of all published materials expressing an official position of the Association.
(vi) Initiation of proposed additions and/or amendments to the Constitution and Bylaws of the Association and the processing of these changes in accordance with approved policy.
(c) Duties of Officers - The duties of the officers of the Board are as follows:
President - The President shall:
(i) Preside at the Annual Convention of the Association and at all meetings of the Executive Board.
(ii) Promote the work of the Association and serve as the official representative of the Association.
(iii) Approve an agenda for all meetings of the Executive Board and for the Annual Business meeting of the Association.
(iv) Keep the Executive Board informed of all matters of policy and of all issues of concern to the Association.
(v) Keep in close communication with Executive Members and members.
Vice-President - The Vice President shall:
(vi) Discharge the duties of the president in his/her absence.
(vii) Cooperate with the Chair in every way possible to promote the purpose and objectives of the Association.
Secretary - The Secretary shall:
(viii) Prepare an agenda for all meetings of the Executive Board and for the Annual Business meeting of the Association.
(ix) Serve as Secretary and record the minutes of the Business meetings of the Association.
(x) Manage the Office of the Association and supervise all full and part-time staff.
Treasurer - The Treasurer shall:
(xi) Serve as Treasurer and handle all fund transactions for the Association.
(xii) Prepare annual financial reports for presentation to the Executive Board and at the Annual Business meeting.
Joint Secretary - The Joint Secretary shall:
(xiii) Maintain accurate membership databases of the Association.
(xiv) Maintain permanent files for all legal documents and records pertaining to the Association.
(xv) Coordinate the procedure of all elections of the Association as directed by the Executive Board.
All Posts are required to complete other duties as assigned by the President.

Article IX -- Amendments to the Constitution:

a) Amendments to the Constitution of the Association as formulated in these Articles may be made from time to time by the General Body assembled in any Annual or Special General Body Meeting, provided there is always at least two-thirds of the general body members present and entitled to vote at a meeting, shall vote in favour of such amendment.
(b) Article VI (e) and (f) above shall be complied with for holding such Special General Body Meeting for consideration of any proposal of amendment to the constitution. At such Meeting the Quorum shall be fifteen, and Article VI (h) shall not be applicable.
(c) Any proposal of amendment to the constitution shall be circulated along with the notice convening the meeting for the purpose.

Article X -- Dissolution of the Association:

Procedure for dissolution
(a) A proposal for the dissolution of the Association shall be considered at a Special General Meeting called exclusively for the purpose, and shall be determined by not less than a three-quarters majority of the Members present and entitled to vote.
(b) The Quorum for such a meeting shall be Two-third of the number of Members on the Register of the Association.
(c) The proposal, if carried by such a majority shall be required to be confirmed by a like majority and a like quorum at a subsequent Special General Meeting, called exclusively for the purpose of confirmation, to be held not earlier than 60 days from the date of the previous meeting.
(d) Articles VI (e) , VI (g) and IX (c ) above shall be complied with mutatis mutandis.
(e) In the event of dissolution, the funds and assets of the Association shall be transferred to the Pingalwara Society, Amritsar.

Constitution of ACTA