AUTOMOTIVE PARTS MERCHANTS ASSOCIATION (Regd. 1965)
As amended and adopted vide proceedings of the Annual General Meeting held at 3.00 P.M. on Monday the 1st MARCH, 2021, in the Automotive Parts Merchants Association (Regd), under the Chairmanship of SHRI VISHNU BHARGAVA, the President of the Association.
1. In these Rules & Regulations, unless there is anything repugnant in the subject or context, the following that is to say:
a. "The Association "means" "AUTOMOTIVE PARTS MERCHANT ASSOCIATION".
b. "Member" shall mean and include any individual, a firm or company who is for the time being a member of the Association and having been enrolled or admitted there in as such according to these Rules and Regulations, shall have paid its Annual Subscription in case of General members, and shall not have resigned or his membership has not stood terminated in accordance with these Rules and Regulations.
c. "Life Members" shall mean a member who has paid a Life Membership fees according to these Rules and Regulations and needs not have to pay the Annual Subscription.
d. "Month" and "Year" shall mean a month or year according to the English calender respectively.
e. Annum of the Association : The year of the Association shall be from Ist April to 31st March of the ensuing year.
2. NAME: The name of the Association shall be "AUTOMOTIVE
PARTS MERCHANTS ASSOCIATION."
3. OFFICE: The Office of the Association shall be at Delhi in the Union Territory of Delhi.
4. OPERATION: The Association shall function in the whole of the Union Territory of Delhi, U.P., Punjab, Haryana States and also in such other areas as may be approved from time to time, in the General Meeting or Governing Council Meetings, and for that purpose, will establish its branches or offices in any locality when required.
5. MEMBERSHIP: Any person, firm or company, having an established place or business in the Union Territory of Delhi, U.P. Punjab, Haryana or in any other areas as may be approved from time to time and trading in or concerned with Motor or Automotive Industry as Motor or Automotive Spares Parts Dealers, Manufacturers or wholesale or retail dealers of Auto Parts and Accessories shall be elegible for Membership of the Association.
6. NAME FOR MEMBERSHIP: Member shall be enrolled only in the name under which they carry on their business.
7. NOMINEES: Where the applicant is a firm or a company, the name of two persons who shall be partners, directors, or managers of the firm or company, shall be nominated as the representatives of the applicant and any one of the said two person shall be entitled to attend and vote in person at the meetings and to exercise all or any of the rights and privileges of the members of the Association.
8. APPLICATION FOR MEMBERSHIP: Every Applicant for admission as a member of the Association shall apply in writing in the form, that may be provided by the Governing Council.
9. ADMISSION FEES:-
a. Every applicant for membership shall pay an admission fee of Rs. 2000/- (Rs. Two thousand Only) along with the application, together with the Annual Subscription and, if applying for Life Membership, the fee for the same also w.e.f. 12-11-2014.
b. ANNUAL SUBSCRIPTION:- The Annual Subscription shall be Rs.500/- (Rs. Five Hundred Only) for the year or part there of.
c. LIFE MEMBERSHIP:- The Life Membership Fee shall be Rs.5000/-(Rs. Five Thousand Only) at the time of Admission including admission fee.
d. CONVERSION FROM GENERAL MEMBERSHIP TO LIFE MEMBERSHIP:- An General Member may convert his General Membership to Life Membership by remitting the Life Membership Fee Rs. 3000/- (Rs. Three Thousand Only) provided, of course, that no dues are outstanding against the General Member who wants to be converted as Life Member.
10. CONSIDERATION OF APPLICATION:- Every application shall be put up by the General Secretary to the Governing Council at its next meeting. The Governing Council shall have the absolute discretion to accept or reject an application with or without assigning any person whatsoever.
11. REFUND OF ADMISSION FEES ETC:- The Admission Fees and the Annual Subscription shall be refunded if the application is not accepted by the Governing Council.
12. PLEDGE :- Every applicant on becoming a member of the Association shall give and sign a pledge of loyality and secrecy in the form that may be provided by the Governing Council.
13. ANNUAL SUBSCRIPTION:-
(i) Every General Member shall pay the Annual Subscription of Rs. 500/- (Rs. Five Hundred only), in ADVANCE latest by the 30th Day of April in the year or by such date as extended by the Governing Council of Association.
(ii) If a member fails to pay subscription by the aforesaid date or the date extended by the Governing Council of Association, he or the nominee of the member of envisaged in Rule No: 7 above, as the case may be, shall not be entitled to exercise the right to Vote at Annual General Meeting or Elections to be held as per programme/schedule announced by the Governing Council/Election Commissioner.
14. FURTHER PROVISIONS:-The Association may, by amendment in the Rules & Regulations, make further provisions regarding the conditions to be fulfilled by person who is desirous of becoming a member of the Association.
15. TERMINATION OF MEMBERSHIP:- The membership of the Association of a particular member shall stand terminated on the happening of any one of the following:-
(i) One of the firms or concerns having been adjudicated as insolvent.
(ii) By Non-Payment of the Annual Subscription by 30th June in case of General Members, in the year for which it fall due.
(iii) By expulsion by the Association on any ground involving moral-turpitude provided such expulsion is voted by 75% for this particulars purpose.
16. FURTHER GROUNDS FOR TERMINATION:- Whenever it is felt necessary that the grounds for terminating the membership as given in Rule No. 15 above need further provisions, the Association may amend these Rules and Regulations in that behalf.
17. The following shall be the Office Bearers of the Association:-
|1.||PRESIDENT (Directly elected by the General Body||1 (One)|
|2.||VICE PRESIDENT (Ist, IInd, IIIrd & IVth )||4 (Four)|
|3.||GENERAL SECRETARY||1 (ONE)|
|5.||JOINT SECRETARY||1 (ONE)|
|7.||JOINT TREASURER||1 (ONE)|
|8.||P.R.O. 1 (ONE)|
|9||IMM. PAST PRESIDENT||1 (ONE)|
|Total : 12(Twelve)|
25. PRESIDENT :- The President shall be empowered to :-
(i) Supervise the General Administration of the Association.
(ii) Make disbursements, as decided by the Governing Council from time to time.
(iii) Give directions to the General Secretary to convene any meeting when necessary.
(iv) Exercise powers with discretion and reservation.
(v) Sign the minutes book in token of their correctness and approval.
(vi) Preside over the meetings of the Association.
26. VICE PRESIDENTS:-The Ist, IInd, IIIrd & IVth Vice Presidents shall assist the President in the discharge of his duties and one of the Vice Presidents shall act in place of President in his absentia in the order of the grading.
27. GENERAL SECRETARY:-
(i) The General Secretary of the Association shall convene all the meetings, Annual, Ordinary or extra-ordinary of the Association.
(ii) Record the minutes in the proceedings book maintained for the purpose and get them signed by the Chairman after approval of the member present.
(iii) Maintain the register of members up to date.
(iv) Carry on the correspondence of the Association.
(v) Make disbursements as decided by the Governing Council from time to time.
(vi) Prepare the report of the year's business and accounts and lay the same before the Annual General Meeting.
(vii) Delegate duties and responsibilities and assign the same to Joint Secretary.
28. SECRETARY:- The Secretary shall assist the General Secretary in the activities of the Association and exercise the powers conferred or as delegated to him by the General Secretary.
29. JOINT SECRETARY:- The Joint Secretary shall assist the Secretary in the activities of the Association and exercise the powers conferred or as delegated to him by the Secretary.
(i) The Treasurer shall realise all money due to the Association.
(ii) Maintain true and accurate account of all money received and expenses, and lay the same before the Governing Counce once in six months.
(iii) Get the accounts audited before the Annual General Meeting of the Association within 2(Two) months of the close of the year.
(iv) Keep an imprest of not above Rs.50000/- (Rs. Fifty thousand only) at a time.
(v) Operate the bank accounts of the Association on Joint Signatures with the President or the General Secretary.
30(a). JOINT TREASURER:-
The Joint Treasurer shall exercise the powers conferred or as delegated to him by the Treasurer subject to the condition that he can not withdraw pre maturely any fixed deposit of the Association.
31 PUBLIC RELATION OFFICER :-
(i) To keep APMA Members fully aware of what the Association is trying to accomplish and inducing and motivating them to participate in the meetings and other activities undertaken by the Association.
(ii) To create a positive image of the Association by effectively communicating information about the Association and its projects/activities to the public and various Government departments to ensure their support.
(iii) Any other duties assigned by the President and Governing Council time to time.
32. The General Body of the Association shall hold its meeting from time to time and atleast once in a year.
33. EXTRA ORDINARY MEETINGS :- An Extra-Ordinary General Meeting of the Association may be called at a time by a majority of the Governing Council or on receipt of a requisition from 20% of the members or 50 members whichever is smaller, on the roll of the General Body.
34. CHAIRMAN AT MEETINGS :- All General Meetings, Annual, Ordinary or Extra Ordinary shall be presided over by the President or in his absence by the Vice President. If the President or the Vice President, be not present within 15 minutes of the time notified for the meeting then any member of the Governing Council may be elected as the Chairman of such meeting. Failing, any member of the Governing Council, the meeting may elect any other member present as the Chairman.
35. QUORUM :- ,
(i) Twenty percent of the members of the Association or one hundred members whichever the samll number, shall form a Quorum for the General Body Meeting.
(ii) In case the required quorum is not present the meeting shall be adjourned for half an hour and the number of members present after half an hour shall form the quorum for the General Body Meeting.
(iii) The Presence of the members by proxy shall not be recognised for the purpose of this Rule except as provided in Rule No. 49 & 54, below.
36. NOTICE FOR THE MEETING :-
(a) In case of the Annual General Meeting, 21 Day's notice and in case of other General Meeting, 15 Day's notice shall be given to the member, specifying the agenda for the meeting and date hour and place fixed for the meeting.
(b) Those members who contribute Rs.11000/-(Rs. Eleven thousand only) or more for the building fund for the purpose of the New Permanent Accommodation for the Association at Flat No,10, First Floor, Vardan House, Chabi Ganj, Kashmere Gate, Delhi-6, shall be called to a General Body Meeting, called for the purpose of Sale/Disposal of the property whenever such a proposal is made and they shall have General Voting Power in that Meeting. They shall also be called to the Governing Council Meeting called for considering such proposals, as a special invitee without voting power. It was also proposed to display the names of such members in the premises of the new building.
37. OTHER MATTERS TO BE PUT UP IN THE MEETING :-
With the permission of the Chairman, of the majority of members present in a General Meeting, Annual, Ordinary or Extra-Ordinary any member may put up a proposal regarding any matter not specified in the notice. Such new proposals shall not however, include a proposal relating to expulsion of a member.
38. PROCEEDING BOOKS :- All business transacted at a General Meeting shall be recorded in the proceedings book duly singed by the Chairman at the meeting after approval of the members present. The minutes recorded in such a proceeding book duly signed by the Chairman of the next meeting shall be evidence of genuineness of the proceedings.
39. POWER OF THE GENERAL BODY:- Powers of the General Body of the Association shall mean and include all such power as are necessary to manage and carry out the affairs of the Association and in particular shall include the following powers:-
(i) To elect the President and 20(Twenty) members of the Governing Council of the Association.
(ii) Appointment of Auditors.
(iii) To consider recommendations of the Governing Council with regard to taking of disciplinary action against any member of the Association.
(iv) To consider the Annual Accounts, new years budget, and Auditor's reports. ,
(v) To invest funds of the Association from time to time or to sell the property of the Association, if any, and to negotiate or assign any documents of the Association, if any, resolution on its behalf.
(vi) To amend the Rules and Regulations of the Association.
40. The Governing Council shall exercise all the powers of the Association except those reserved for the General Body subject to any reservations or restrictions duly laid down by the Association in the General Meeting or in the Rules and Regulations of the Association, and in particular, shall have the following powers and duties.
(i) To consider the proposals for educational assistance, sanctioning of financial and education assistance to the needy and poor members or their dependants.
(ii) To examine the accounts, sanction contigent expenditure and supervise the maintenance of the prescribed register.
(iii) To appoint, promotion and yearly regular increament the employees of the Association.
(iv) To consider and propose to the General Body any amendments in the Rules and Regulations of the Association.
(iv)(a). Any proposal by the Governing Council to the General Body for the amendments in the Rules & Regulations will be circulated to the General members before the Annual General Meetings.
(v) To recommend to the General Body that any disciplinary action should be taken against any office bearer.
(vi) To consider the inspection notes of the Auditors and take necessary action.
(vii) The decision taken by the Governing Council on any issue including a matter to be referred to the General Body, shall be binding on the Governing Council Members.
41. ORDINARY MEETINGS :- Ordinary meetings of the Governing Council shall meet in a month. Such meetings shall, however, be held twice or thrice in month if considered necessary.
42. EXTRA-ORDINARY MEETINGS :- An extra-ordinary meetings of the Governing Council may be called by notice in writing to the General Secretary or the President of the Association, by any five members of the Council specifying the business to be transacted there at.
42(a). EMERGENCY MEETINGS :- An Emergency Meeting of the Governing Council may be called by General Secretary or President of the Association. The minutes of such Emergency Meeting are to be maintained and be passed in the next ordinary meeting of the Governing Council Meeting.
43. CHAIRMAN OF THE MEETING :- The President of the Association shall be the Chairman of the Governing Council and in his absence, the Vice President in order of grading. If at meeting of Governing Council, the President and Vice- Presidents be not present within 15 minutes of the time notified for the meeting, the Governing Council may elect any of its members present as the Chairman of the meeting.
44. QUORUM :- Eight members of the Governing Council shall form a quorum for the meeting of the Governing Council. The presence of the President or the General Secretary will be necessary.
45. NOTICE :- In case of an ordinary meeting of the Governing Council, three days notice and in the case of an extra-ordinary meeting, 24(Twenty four) hours notice shall be given to the members specifying the nature of the business the hour, date and place fixed for the meeting.
46. NEW PROPOSAL:- Any new proposal not included in the agenda issued for the meeting may be discussed in the meeting provided the Chairman so allows it.
47. PROCEEDING BOOK:- All business transacted at a meeting of the Governing Council shall be recorded in a proceeding book, duly signed by the Chairman of the next meeting after the approval of the members present. Such a record of the proceedings be the evidence of genuineness of the business transacted at the meeting.
48. REMOVAL FROM MEMBERSHIP:-
a. A person shall cease to be an Office Bearer/Governing Council Member of APMA if any time during his Tenure he accepts the Office Bearership of any parallel Association. The Governing Council in such case may remove the member from the Council by a two third majority of the votes of the members present at the meeting of the Governing Council.
b. An Office Bearer/Member of the Governing Council shall be removed during his tenure of Office for any reason which affects the functioning/image of APMA by a two third majority of the votes of the members present at a meeting of the General Body of the Association.
49. OTHER GROUNDS FOR REMOVAL:- A member of the Governing Council shall be removed from the Council, during his term of office, if that member remains absent for three or more than three consecutive meetings of the Governing Council, unless he gives some valid reasons.
50. SUB-COMMITTEE :- With a view to function adequately, the Governing Council may appoint sub-committee or sub-committees as the case may be for the disposal of certain items of business. Any Governing Council member can be a part of maximum of Two Sub Committees. The President and General Secretary of the Association shall be the Ex-Officio members of such sub-committees.
51. PROPOSAL TO AMALGAMATE, AFTER ETC:- Whenever it shall appear to the Governing Council that it is advisable to alter extend or abridge any subject for which the Association is established, or to amalgamate the Association either wholly or partly wtih any other Association, the Council shall submit a proposition to the members of the Association in a written or printed report and shall convene a special meeting for consideration thereof, according to these Regulations of the Association but no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the Association Ten Days previous to the special meeting convened by the Governing Council for consideration thereof, nor unless such proposition shall have been agreed to by the votes of three fifth members delivered in person or by post, and confirmed by the votes of three fifths of the members present at a second special meeting convened by the Governing Council, at an interval of one month after the meeting.
52. GENERAL ACTIVITIES OF THE ASSOCIATION :-
(i) The Association shall contribute and subscribe funds as are determined by the Articles of the Association of Federation for the time being.
(ii) Nominate persons as may be required by the Federation Articles, on the body of the federation and its Governing Council to represent the interests of the Association in the Federation.
(iii) Share in the import licence that might be secured by the Federation for import of articles through other Government channels and to distribute such imported goods to the Associated members.
(iv) Make representations to the Government and other authorities through the federation.
(v) Act as a liaison between the members and the Federation and circulate and publicise and such information amongst members received from the federation, as is of general intrest to the trade.
(vi) Refer the matters of dispute and international charactor particularly dispute relating to the Trade members, and export firms for mediation and settlement of Federation.
(vii) Do all other things through Federation, as may be conducive for the Preservation and expansion of trade, commerce and Industry, connected with the automobiles.
53. EXPENSES FOR ATTENDING MEETING:- The represenatatives of the Association who are members of the Governing Council, shall be paid actual fees for travel outside Delhi, incurred by them in connection with attending Governing Council meetings or as may be decided by the Governing Council of the Association, for any work pertaining to the meetings of the Federation.
54. The Association shall, once in every year or on or before the fourteenth day succeeding the day on which the Annual General Meeting of the Association is held and the first meeting of the Governing Council, file with the Registrar of societies, a list of names, address and occupations of the members of the Governing Council then ontrusted with the management of affairs of the Association.
55. (i) The Money belonging to the Association shall be deposited to any scheduled bank as decided by the Governing Council in any account under the name "Automotive Parts Merchants Association" or "APMA".
(ii) The Treasurer may however, keep with him money as may be decided by the Governing Council, from time to time, but not more than Rs. 50000/- (Rs. Fifty thousand only) at a time, as imprest.
56. OPERATION OF THE ACCOUNT :- The Bank account of the Association shall be operated by the President or the General Secretary and the Treasurer or Joint Treasurer and withdrawals from the bank shall be done under the joint signature of the Treasurer or Joint Treasurer and one of the two others, viz, President or the General Secretary.
57. The Association may sue or be sued in the name of the President or the General Secretary.
58. Any Rule made by the Association in its Governing Council meeting relating to the affairs of the Association shall have the same force as these Rules and Regulations.
59. DISSOLUTION OF THE ASSOCIATION:- Any number not less than three fifths of the members of the Association, may determine that the Association shall be dissolved and there upon it shall be dissolved forthwith, or at the time then agreed upon, and necessary steps shall be taken for the disposal and settlement of the property of the Association, its claim and liabilities, according to the Rules of the Association applicable thereto, if any, and if not, then as the Governing Council shall find expedient, provided that in the event of any dispute arising among the Governing Council or the members of the Association, the adjustment of its affairs shall be referred to the principal court of original civil jurisdiction of the district in which the Chief Building of the Association is situated, and the court may make such order in the matter as shall deem requisit. Provided that the Association shall not be dissolved unless three fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person at a General meeting convened for the purpose. PROVIDED FURTHER that if or whenever any Government is also a member of or contributory to, or otherwise interested in the Association, the Association shall not be dissolved without the consent of the Government of the State of Registration.
60. NO MEMBER TO RECEIVE PROFIT :- If upon the dissolution of the Association, there shall remain after the satisfaction of all its debts and liabilities and property whatsoever, the same shall not be paid to or distributed among the members of the Association to be determined by the votes of not less than three fifths of the members present personally at the time of dissolution or in default thereof, by such court as is mentioned in Rules No. 57 above.
61. PROVISION OF THE ACT TO APPLY:- All the provisions of the Societies Registration Act, Act XXI of 180 (Punjab Amendment Act, 1957) as extended to the Union Territory of Delhi shall apply to this Association.
|CERTIFIED TO BE - THE CORRECT COPY OF THE RULES & REGULATIONS OF THE SOCIETY|
|01. Shri Chander Prakash Oberai||Patron||M/s. Oberai Enggr. Products
3432/2, Ist Floor, Firestone Building Nicholson Road Kashmere Gate, Delhi-110006.
|02. Shri Narender Madan||Patron|| M/s. Welcome Auto Centre
1/514, Bazar Ganda Nala Kashmere Gate, Delhi-110006
|03. Shri Vinay Narang||General Secretary|| M/s. Narang Motors|
2nd, 3rd Floor, 1138, Prem Gali Kashmere Gate, Delhi-110006.
|04. Shri Rakesh Kumar||Chairman: CONSTITUTION & BYE LAWS SUB-COMMITTEE||M/s. Kumar Auto Industries(Focus)
565, Gali Behal Sahib, Hamilton Road, Kashmere Gate, Delhi-110006.