THE CONSTITUTION OF MADHYA PRADESH HIGH COURT BAR ASSOCIATION JABALPUR (M.P.)

Transcription

1 THE CONSTITUTION OF MADHYA PRADESH HIGH COURT BAR ASSOCIATION JABALPUR (M.P.) AS AMENDED ON 25/07/ The Association shall be known by the name of MADHYA PRADESH HIGH COURT BAR ASSOCIATION JABALPUR. 2. The Association shall be the custodian of the welfare of the lawyers practicing in the M.P. High Court and for that purpose shall :- a) Provide them facilities for the study of law by maintaining a Library. b) Emulate in the ever high standard of professional ethics, efficiency and integrity. c) Protect their professional interests. d) Exercise such other powers and discharge such other functions as may be necessary, In their best interests. 3. The following person shall be eligible for membership of the eligible for membership of the Association, namely:- a) All Advocates practicing in the M.P. High Court; b) Member of the bar practicing elsewhere who desire to make use of the bar Library, or any of its property and wish to be enrolled as visiting members; And c) Person invited to become members of the Association as a mark of distinction. 4. The association being registered under act XXI of 1960 possesses all rights there in specified. As such it is a body ; a) Corporate with perpetual succession and a common seal and with power to hold property, to enter into contracts, to institute and defend suits and other legal proceedings, and to do all things necessary to achieve the objects for which it is constituted. b) All proceeding by or against the Association in a court of law shall be taken in the name of secretary and services of notice, summons, warrant or requisition on the secretary shall be valid and the same has been made upon every member of the Association relating to the business of the Association. 5. The property both moveable and immoveable belonging to the Association shall vest in the Executive to the Association shall vest in the council constituted as hereinafter provided and the said council shall have full control over its affair and management of its affairs is entrusted for the purposes of the Societies Registration Act (Act XXI of 1960).

2 6. The association shall have the following office bearers:- a) A President b) Two Vise President c) A Treasurer d) A Secretary e) A Joint-Secretary, and f) A Library-In-Charge. 6. A. ELIGIBILITY FOR CONTESTING ELECTION: A member desirous of contesting for any of the a foresaid offices or of membership to Executive Council Shall not be in arrears of any dues of the Association at the time of his nomination inclusive of 1. PRESIDENT :- ATLEAST 20 YEAR OF ACTIVE PRACTICE 2. VICE PRECIDENT :- ATLEAST 15 YEAR OF ACTIVE PRACTICE 3. TREASURER :- ATLEAST 15 YEAR OF ACTIVE PRACTICE 4. SECRETARY :- ATLEAST 10 YEAR OF ACTIVE PRACTICE 5. JOINT SECRETARY :- ATLEAST 5 YEAR OF ACTIVE PRACTICE 6. LIBRARY-IN-CHARGE :- ATLEAST 5 YEAR OF ACTIVE PRACTICE 7. EXECTIVE MEMBER :- ATLEAST 5 YEAR OF ACTIVE PRACTICE Bar Association, cause list and A.I.R. subscriptions. A candidate for an office in the Executive Committee must have the following standing at the bar :- RESOLUTION OF THE GENREL BODY HELD ON 25/8/98. IN RELATION TO THE FOLLOW AMENDEMENT OF THE CONTITUTION OF HIGH COURT BAR ASSOCIATION. 1. A MEMBER WHO HAS COMPLETED MINIMUM 10 YEARS OF REGULER PRACTISE IN THE H.COURT, WILL BE QUALIFIED TO SEEK ELECTION TO THE POST OF SECRETARY OF HIGH COURT ASSOCIATION, JABALPUR. 2. NO OFFICE BEARER SHALL HOLD ANY OFFICE OF THE HIGH COURT BAR ASSOCIATION FOR MORE THAN TWO CONSICUTIVE TERMS. 3. IN OTHER RESPECT THE CONSITIUTION OF HIGH COURT BAR ASSOCIATION STAND U----DED RK GUPTA PRESIDENT RAJKUMAR VERMA SECRETARY DATE

3 The advocate General, Additional Advocate general, Deputy Advocate General, Government Advocate and Deputy Government Advocate Shall not be eligible of becoming any one of the office bearers of the Association. 6. B. The Office Bearers and members of the Executive Council shall be elected by those members of the Association who :- (a) (b) (c) Have been members of the Bar Association for at least one year. Are not in arrears of any kind whatsoever of the dues payable to the Bar Association, inclusive of bar subscription, Cause list and A.I.R. Subscription. The election of the Bar Association will be held every year on the 1 st day of September. In case 1 st September is non-working, the election will be held on the proceeding day. It shall be the duty of the secretary to prepare and publish a list of voters at least three weeks before the date of the Election Meeting and objection, if any; regarding eligibility of member to vote shall be decided by Executive Council before its final publication. The Executive Council shall nominate any member; preferably a Senior member to be the Election Officer shall publish the Election Program me. Nomination forms duly filled and proposed and seconded shall be submitted to the Election Officer as per program me issued by him. The election officer shall conduct the election and declare results. EXECUTIVE COUNCIL The Executive Council shall consist of all the Office-Bearers and five members to be elected in general Election. In addition to the above the State Bar Council shall have power to nominee one member from amongst its own members on the Executive Council. 7. The total membership of the Executive Council shall not exceed 15 of which 7 shall be bearers and 5 members elected at the General Election and one nominated by the Bar Council. The Executive Council so constituted shall nominate 5 members provided that is no lady member the Executive Council shall nominate one lady member. 8. All Officer- bearer and members of the Executive Council shall hold office for a period of one year commencing from the date of declaration of their election but they shall continue to hold their term until their successors have been duly elected and have assumed charge. Charge will be handed over immediately o declaration of results by the Election Officer. 9. After the general Election, should any vacancy occur in the Office bearer or that of member of the Executive Council and the matter shall be put up at the next general meeting of the Association for the latter s approval. 10. All office-bearers and member of the Executive Council shall act and serve in an honorary capacity. 11. The president of the Association shall be the head of the Executive Council and of the Association. He shall preside at all meeting of the Association or of the Executive Council. In the case of emergency be may pass such order or taken such action as he thinks fit on behalf of the

4 Association. Any such order passed or action taken shall be reported by him to the Executive Council at its next meeting. 12. In absence of the president, the first Vice-President or the Second Vice-President and in the absence of all the three one of the senior members of the Association shall preside at all meetings of the bar Association or of the Executive Council and shall take the chair. The Chairman whether the Vice-President and or a member of the Association so presiding, shall while so presiding exercise all the power of the president. 13. The person presiding shall be entitled to vote as a member of the Association. He shall decide all questions of procedure and all points of order raised at the meeting and his decision there on shall be final. In case of equality of votes on any question to be decided by the question by his casting vote. 14. It will be the duty of the treasurer to receive all monies on behalf of the Association, maintain accounts thereof, and do such disbursements as he may be authorized to do by the president of any lawfully constituted body or authority of the Association shall be audited every year before the annual general meeting by such member as may be appointed by the Executive Council and placed before the general meeting for information of the member of the Association. The Treasurer shall in consultation with the Executive Council, also prepare budget for the next year and get the same approval in the general meeting. 15. The Secretary shall be the Executive Officer of the Association, and subject as herein otherwise provided, generally manage all affair of the Association and of the Executive Council or any other constituted body or authority. 16. The Library of the Association shall be in the sole charge of the Library-in charge and he shall be responsible for its due management. He shall consult the Executive Council for its management and maintenance. 17. In particular and without prejudice to the generality of the foregoing provisions the Executive Council shall have the following powers i.e. to say :- a) To admit person to the membership of the Association. b) To sanction all expenditure ; c) To appoint such paid stuff as may be necessary for the Association, and exercise all disciplinary powers over them; as such it shall have the power to suspend, dismiss or fine all paid servants of the Association. d) To prepare an annual report and a statement of Accounts of the Association and submit the same to the general Body for its approval : e) To prepare and submit the annual budget estimates of the income and expenditure for sanction of the Association ; f) To appoint sub-committee or person to determine any question, or to be in charge of any business or to delegate to such committee or person such powers and function as it may deems necessary. g) To frame by-laws for the conduct of the affair of the Association and for regulating the procedure at the meetings of the Association and its own meeting ; h) To take disciplinary action against member s quality of improper conduct or those falling into arrears after giving them as opportunity or being heard.

5 18. Persons desiring to be enrolled as members of the Association may apply in a from prescribed by the Executive council. Such application must be accompanied by the Executive Council. Such application must be accompanied by the admission fee of Rs.500/- if the application resides in Jabalpur and ordinarily practices in the high court of M.P., or Rs. 250/- in the case of any other person, except those mentioned in rule 3(c). Provided that if such person has been a member of any bar Association, he shall furnish the certificate of No Dues from that Association; Provided future that if such person has been expelled from that Association for any reason what-so-ever, he shall not be entitled to be enrolled as a member of the Association. Such Applications for enrolment shall be placed by the Secretary before the Executive Council in its immediately next meeting and the applicant shall be enrolled if found eligible. Provided that if in the opinion of the Executive Council the application for enrolment ought not to be granted, such application shall be given a reasonable opportunity and personal hearing. If so desired by the applicant. A member who pay 2000/- in lump-sum to the Association shall be termed as life member and shall not be required to pay monthly subscription. 19. Upon his admission as a member every person must bind himself to obey the rules and order of the Association. He must pay his monthly subscription to the Association in the first week of each month in advance. 20. Honorary members may be enrolled on the recommendation of the Executive Council but not otherwise. Such members shall not be liable to pay any fees or subscription to the Association. Such members shall not have a right of vote for any purpose including the election of the Executive Council. 21. A member may resign his membership of the Association but such resignation shall not absolve him from payment of arrears due from him up to the end of the month in which he resigns. 22. The Treasurer shall intimate to the secretary the name of members who are in arrear for a period of three months, whereupon the secretary shall serve a notice on the defaulting members calling upon them to pay up the arrears due from them within a fortnight of the date of the notice. If the defaulter does not pay the arrears the secretary shall report the same to the Executive Council which my realise the arrears from the defaulter shall be intimate to the State Bar Council, immediately thereafter. 23. Any member who is in arrears for more than three months shall not use the rooms of the Association or any of its properties, including the library, till be pays up the arrears. A demand from the secretary that arrears are due shall be conclusive evidence that such arrears are due from him, unless the Executive Council decides otherwise. 24. A member who is in arrears for a period of six months shall be deemed to have ceased to be a member of the Association and his name may be struck off from such membership by order of the Executive Council. The name of such member shall be reported to the State Bar Council. Such member who losses his membership on account of being in arrears of subscription for more than the required period, or for any other reason, except legal disability, shall be entitled to resume his membership on tendering all his arrears due and outstanding against him on the

6 date he was dismembered along with Rs. 250/- (Two Hundred Fifty) being half of the admission fee with his application for resumption of membership. 25. No member who is in arrears as aforesaid, or who has cased to be a member, or has resigned his membership, shall use the room or any property of the Association or be present at any of its meeting or of any body constituted by it, or record his vote as a member. 26. The Executive Council may hold such meeting as it thinks necessary. The Quorum for such meetings shall be five. If no quorum is present within half an hour of appointed time the meetings shall be adjourned to another date or time at which the quorum shall not be necessary but no business other than that included in the agenda of the original meeting shall be disposed of at such meeting. 27. The Association shall hold at least one general meeting every year in the month of March. Such meeting shall called the Annual General Meeting of the Association at which its budget for the ensuing financially year shall be discussed and passed. It shall be competent to the president or in his absence the Secretary to convene any meeting of the Association at any other time. All such meeting shall ordinarily be held in the room of the Association unless the president directs otherwise. The quorum for all General Body meeting will be atleast 25% of the enrolled members. If no quorum is present within half an hour of appointed time the meeting shall be adjourned to another date. 28. All notice for convening meetings of the Association or for any other purpose, may be given to the members by posting the same on the notice board of the Association. This shall be deemed to be sufficient service upon them. Seven days notice shall ordinarily be given of such meetings unless otherwise longer period is required, but the president may in his discretion dispense with this period of notice in case of otherwise. 29. All question to be decided at a meeting of the Association or of the Executive Council or any or its bodies shall be so decide according to the majority of votes and by a show of hand. But the president may direct that any question shall be decided by ballot when it shall be so decided; and it shall be competent for any three or more member to demand a poll in which case the President shall order it. On the poll being so ordered the Secretary shall call out the member present and record their votes. 30. Any member of the Association, not otherwise disqualified, shall be entitled to move a regulation at any meeting of the Association or its Executive Council if he is a member thereof. Such resolution must be duly proposed and second. If it is proposed and not seconded it shall be deemed to be dropped. The mover of a resolution, the seconded and all subsequent speakers may address the meetings but no member shall be entitled to address it more than once except the mover, who will confine his second speech to a brief reply to his resolution. 31. The President may impose a time limit for speeches, close a discussion at his discretion or as after accepting a motion that the question be put to the house will consult the sense of the meeting before ordering the closure. 32. At any time after a subject has been sufficiently discussed a member may for the closure where upon the president may close the debate. 33. After a motion is moved, any member may move an amendment thereon, and any amendment so move shall then be put to vote in reverse order, or in such order as might enable meeting to

7 dispose of the substantial question convered by them and if the amendment or amendment so moved are lost or allowed, if would take the place of the original motion. 34. The Secretary shall call upon a general or Executive Council Meeting when so desired : i) By the President of the Association. ii) By three members of the Executive Council. 34. A. A general Meeting shall be convened by the Secretary with the permission of the President and in his absence any of the Vice-Presidents, if one fourth of the qualified member give a signed requisition to do so. The Secretary shall call such period as the exigency demands. 35. A Meeting called on requisition signed by one fourth members of the Association shall only deal with the subject for which the meeting was called. 36. Any defect in the notice convening a meeting or any defect in notice, proceedings or any irregularity connected there with or otherwise, shall not invalidate the proceeding or any resolution passed after the same has been confirmed. ILLUSTRATION: The fact that members whose subscription are in arrears for over three months have taken part in a meeting is an irregularity which does not vitiate the proceedings. 37) At all meetings of the Executive Council and of the Association, the Secretary shall open the proceeding by reading the minutes of the last meeting of the same body if not already confirmed. The president will then decide the order in which the business is to be taken up for the consideration at the meeting. 38) It shall be competent for the Association to expel suspend, censure, otherwise punish or deal with a member quality of unprofessional or dishonorable conduct at a special meeting specially convened for the purpose. Provided that a member shall not be expelled if the resolution is not passed by 2/3 rd majority of the members present in General Meeting. 39) The Association may appoint committee or committees for any purpose for which it so deems fit. 40) Any matter not covered by the rule may be decided by Executive Council or by the Association at its general or special meetings as the President may direct. 41) The aforesaid Rules and regulations shall supersede all the previous rules and regulation in force, and shall come into force immediately. (PRESIDENT) (SECRETARY)