1. NAME OF THE ASSOCIATION:
“ALL INDIA PATENT OFFICERS’ WELFARE ASSOCIATION”
2. ADDRESS OF THE REGISTERED OFFICE OF THE ASSOCIATION:
THE PATENT .OFFICE,
IPR BUILDING, G.S.T. ROAD,
GUINDY,
CHENNAI-6 00032
3. DATE OF REGISTRATION:
01.07.2013
4. JURISDICTION OF THE REGISTRAR:
THE REGISTRAR OF SOCIETIES,
CHENNAI - SOUTH
CHENNAI-6 00015
5. WORKING HOURS:
10.00 A.M. TO 5.00 P.M. (Except Holidays and Sundays)
6. OBJECTS:
a. To bring all Gazetted rank Officers of Patent System into contact with one another with a view to establish relations of friendship and goodwill towards one another so that they can have exchange of thoughts and views and to regularise & normalise their relations with the concerned authorities.
b. To foster a spirit of mutual help and goodwill among members, thereby, promoting Communal Harmony and National Integration and to act as a Non-Political and non-profit motive organisation with a sole aim to safeguard the welfare of the members.
c. To organise as a body, to obtain the legitimate benefits due to the Members and to strive to achieve any new benefit/benefit scheme for employees as and when introduced.
d. To improve the standard of living and to improve the working conditions of the members.
e. To solve the grievances of the members from time to time.
f. To establish Information Exchange Centre, Reading Room and Library of books & periodicals and other literatures for the use of the members and for the Public in general.
g. To promote Social and Intellectual Courses among the members, by way of Regular meetings, social get- togethers, Organising lectures etc.
h. To sen/e as a forum, for exchange of ideas and information to further the cause of the Association.
i. To safeguard the genuine interest of the members in regard to their service maters by all means.
j. To help information about projects/industries relating to Patent information and connected matters for the welfare and benefit of the Department in particular and the members in general.
k. To organise conference, seminars, meetings, discussions, debates, tour etc., for the furtherance of the aim and objectives of the Association.
I. To achieve the enumerated objectives, the Association shall have coordination with other Associations in India for more and more welfare activities.
m. To settle disputes or controversies among members of the Association and to assist the members in settling disputes with their department and to represent for member’s disputes before the authority, to take necessary steps to safeguard the interest of members. And also help in undertaking of legal action in such matter singly or in co-operation with others. n. To set up Technical/Legal Team among the members consisting of Consultants, Senior Members/Advocates to guide and assist the members.
o. To plan for the general economic and educational improvements of the members of the Association and to initiate other welfare measures.
p. To raise adequate funds by way of Subscription, Donations, etc., to carry out on its own accounts or jointly with individuals or institution the aforesaid objects of the Association and such other objects as amended altered or added to from time to time.
q. To do all or any of the above things and all such other things as are incidental or may be thought conducive to the attainment of the above objects or any of them.
7. The PRESIDENT of the Association is empowered to give directions regarding the business of the Association only with concurrence from majority among the Executive Committee.
8. The Association shall sue or to be sued in the name of the GENERAL SECRETARY.
9. MEMBERSHIP:
a. All Group A gazetted officers in the Patent system who are working in the Patent office, Office of CGPDTM, ISA, IPEA Patent Information System and RGNIIPM are eligible to become members of the Association.
b. To become members of the Association, Applicant shall forward the application in the prescribed form obtainable from the Association’s office, accompanied with the prescribed fees and subject to his introduction by an old member.
c. The right of admission of membership vests with the decision of the Executive committee. The Executive Committee may admit/reject any application without assigning reasons. The decision of the Committee shall be final and binding.
d. The Members shall pay an Admission Fee of Rs.50/- at the time of admission and a Monthly Subscription of Rs.100/- in advance but subject to change from time to time according to the requirements with prior intimations to members.
e. The Monthly Membership Fee shall be payable on or before 5th of every month.
10A. CESSATION OF MEMEBERSHIP:
The Membership shall cease automatically on the following grounds:-
a. If the members fails to pay the prescribed subscription for 3 consecutive months but relaxation can be done subject to the permission from the executive committee with reasons.
b. If he/she tenders resignation and duly approved by the Executive Committee and such member should surrender all the documents, properties etc., of the Association in his/her possession before the acceptance of the Resignation.
c. If he/she fails to attend 3 consecutive meetings of the Executive Committee/General Body, as the case may be, without cogent reasons for his/her removal from membership shall be intimated to him/her.
10B. APPEAL AND RE-ADMISSION OF MEMBERS
The Executive Committee is empowered to expel any member if his conduct is found as working against the aims and objects of the Association and its smooth working. Member so expelled may go for appeal before the next General Body for re-admission within the period of 60 days after the receipt of such information. The decision passed by the General Body shall be final.
11. RIGHTS, OBLIGATION & PRIVILEGES OF MEMBERS:
a. Members have the rights to attend all General Body Meetings and Extra-ordinary General Body Meetings when convened and to vote at all such meetings. All members are eligible to be elected as members of the Committee. Any persons joining the Association as a new member shall be eligible for contesting the election for office bearer after one year of membership with the Association.
b. All members shall abide by the Rules and Regulation of the Association and shall contribute to the development of the Association.
c. No member who is holding an administrative position e.g., HO/Attached to office of the CGPDTM will hold any elected position in the Association. In case any elected member is deputed in such a position, he should be relieved of the Association post and fresh election will be conducted to select a new person.
12. MANNER OF TRANSACTING BUSINESS:
a. The General Secretary of the Association is empowered to transact all the business of the Association in conformity with the objects of the Association. However, he shall also present an Annual Report and Audited accounts for each past year and a broad programme and budget for the ensuing year with the concern of the Executive Committee. The President shall have the directions to amend or discontinue any programme or to accept and carryout fresh programme.
b. Decision of the General Body Meetings shall be made by simple majority vote and in the case of a tie, by a casting vote by the President, save in the case of Special Resolution.
13A. EXECUTIVE COMMITTEE/CENTRAL COMMITTEE:
a. The Executive Committee consists of One President, One General Secretary, One Joint Secretary, One Treasurer and 3 Committee members for the management of affairs and shall be elected at the Annual General Body Meeting from among the members on all India level for a period of TWO years. Members are eligible to be re-elected in subsequent years. This Committee is also called as “CENTRAL COMMITTEE”
b. The General Secretary in consultation with the President of the Association shall convene the meetings of the Central Committee whenever necessary or as requisitioned by any committee member with a notice of at least 7 days in advance. 51% of the Central Committee Members shall constitute the quorum for a Central Committee Meeting i.e. 4 persons at present. The Central Committee meetings shall be convened once in 2 months.
13B. POWERS. DUTIES & FUNCTIONS OF CENTRAL COMMITTEE:
a. To look after and manage the day-to-day affairs of the Association.
b. To take necessary steps for the implementation of all the programmes and policies drawn by the General Body
c. To suspend/remove immediately any member from the Association when it is observed that such member is causing hindrance/obstruction in the smooth working of the Association undermines the interest of the Association.
d. To invite any person/s or other than members of the Association to join the meetings of General Body and/or Executive Committee at particular occasion. The advice/suggestion/proposals made by the guest(s) will be considered liberally in the interest of the Association and the community in general.
e. To take all such other steps this may appear beneficial for the smooth and better management of the Association. The decision on any matter shall be taken by consensus in the first instance by raising of hands. A poll shall be taken if any two members present demand for it or the President considers it necessary. The result of the poll shall supersede the result of a vote taken by raising of hands. In case of a tie, the President shall have a casting vote.
f. To fill-up any interim vacancy and the same shall be ratified in the next General Body/Extra Ordinary General Body Meeting.
g. To hold the funds of the association and all income arising there from, to pay and apply the same for any objects and purpose of the Association subject nevertheless to the conditions and stipulations if any, governing any part thereof. It shall be the duty of the Central Committee to maintain co-ordination among the members of the Association to achieve the aims and objective s of the Association.
h. The central committee has power to suspend the co-ordination committee at branches upon a request from atleast 50% of the branch members and appoint temporary branch co-ordination committee.
i. The central committee has power to appoint co-ordinator to have a good co-coordination with branches, to organising functions, elections, etc. This appointment can be made only if the central committee feels fit and it is not binding on the central committee.
j. The central committee has power to appoint an arbitrator for solving problems affecting the association such as problems in branch committees, problems between the members or for any other problems the committee feels fit.
k. To appoint any number of sub-committees as and when required.
I. To affiliate/to be affiliated with any other Association having similar objectives.
13C. CO-ORDINATION COMMITTEE:-
a. There will be a Co-ordination Committee in each location consisting of One Vice President, One Branch Secretary One Asst.Secretary, One Local Treasurer and Two Executive Committee Members for co-ordinating the activities of the Central Committee in their Branches and they shall be elected at the Annual General Body Meeting of the Association after the completion of election to the Central Committee. The term of this committee shall be two years. This Committee is also referred as “Branch Committee”.
b. The Local Treasurer of each office shall maintain proper accounts and give a monthly intimation to the General Secretary and All India Treasurer. The Accounts of the Patent Information System/RGNIIPM at Nagpur and Office of the CGPDTM will be maintained by the Mumbai Local Treasurer. Similarly accounts of the ISA & IPEA will be maintained by the Delhi local treasurer.
c. The Local treasurer of each office will transfer 5% of Subscription collected to the Central Committee and retain 95% of collection in its Bank account to meet out the local expenditures. Whenever the need arises, central committee with concurrence from Executive committee members shall direct, transfer of required funds to its account from the branches.
14. DUTIES & RIGHTS OF OFFICE BEARERS:
A. PRESIDENT:
i. He shall preside over all the meetings of the Central committee and General Body Meetings and lead all deputations.
ii. Ordinarily he shall have one vote but shall be entitled to a casting vote in case of equality of
votes.
iii. He is the Chief Executive of the Association.
iv. He shall abide by the decisions of Committee and General Body and take necessary steps to implement the decisions passed in the above Meetings.
v. On vital issue, he will decide the matter in consultation with other office bearers of the Central Committee.
B. GENERAL SECRETARY:
i. General Secretary shall be in-charge of all the records and properties of the Association.
ii. He will be the principal in-charge of all management affairs of the Association.
iii. He will work in close co-operation with the President and other office bearers
iv. He is entitled to requisition any member of the Association to assist him in the performance of his duties and shall keep the President informed of all matters of importance to draw his immediate attention for consideration.
v. He shall maintain all records of correspondences, meetings, conferences, programmes and minutes books safely in his personal custody.
vi. He will make correspondence with the Management or Government or other National or State Government organisations in the matter warranting the interests of the Association.
vii. Such other miscellaneous works as entrusted upon by the Executive Committee or the President from time to time.
viii. He shall have authority to incur expenditure not exceeding Rs.3, 000/- in anticipation of formal sanction.
C JOINT SECRETARY:
In the absence of the General Secretary, the Joint Secretary shall discharge the duties of the General Secretary’s.
E. TREASURER:
i. The Treasurer shall maintain all the Account books, Vouchers, and receipts of various forms of Income and Expenditure of the Association. The Accounts shall be maintained in English.
ii. The Treasurer shall submit for the adoption of the Executive committee at their meetings a detailed account of Receipts and Disbursements, Audited Balance Sheet of the Association duly checked and signed. He shall also place before the Annual General Body a Audited balance sheet for the year signed by himself and the General Secretary and duly certified by an Auditor.
iii. He shall not keep in his hands an amount exceeding Rs.5, 000/- (Rupees Five Thousand only) but shall deposit all sums in excess of this amount in the name of the Association with a bank or banks that are approved by the Central Committee.
iv. The Treasurer shall not pay any bill for payment unless it is signed by the General Secretary.
F. COMMITTEE MEMBERS:
They shall assist the General Secretary and Treasurer in carrying out the day to day work of the association as well as take on responsibilities as may be assigned to them by the Central Committee.
15. FILING OF DOCUMENTS:
The General Secretary of the Association will prepare and file the following records required by
the Registrar of societies.
16.ACCOUNTS AND AUDIT:
a. The accounts shall be maintained by the Treasurer according to Rules 18 and 19 of the Society Rules 1978. The financial year of the Association shall be from APRIL TO MARCH every year.
b. The qualified auditor or auditors of the Association will be appointed at the General body meeting to audit the accounts of the Association for the ensuing year and his remuneration will also be fixed at the Annual General Body Meeting.
17. SUPPLY OF DOCUMENTS:
Copies of bye-laws, the receipt and expenditure account and the Audited balance sheet will be supplied to the members at Re.1/- per copy per page.
18. No funds were earmarked specifically at present by the Committee for the purpose of making provision for a dependant of a deceased or disabled member as laid of Registration Act 1975.
19. FUNDS OF THE ASSOCIATION:
a. Funds of the Association shall generally be deposited in a Nationalised bank/s approved by the Central Committee and the bank account shall be operated by the Treasurer jointly with the General Secretary/President. As far as possible, all payments may have to be made by Cheque only.
b. As for as the Co-ordination/Branch Committee is concerned the Bank account shall be operated by the Local Treasurer along with the Branch Secretary or Vice President.
20. DAY TO DAY TRANSACTION OF THE BUSINESS OF THE ASSOCIATION:
The Treasurer can have an Imprest amount of Rs.5000/- (Rupees Five thousand only) to meet the day to day expenditure of the Association.
21A. GENERAL BODY MEETING:
At least one General Body Meeting shall be conducted once in a year within six months, after the closing of the financial year of the Association i.e., on or before 30th September every year. 21 days clear notice shall be given to all members by post/circulation. The quorum for the General body meeting shall be 1/3rd of the total members of the Association. The notice shall specify the date, hour, and place of the General Body and as well as the business to be transacted in the General Body.
21B. BUSINESS AT THE GENERAL BODY MEETING:
The following business shall be transacted at the General Body Meeting.
a. Confirmation of the Minutes of the previous Annual General Body Meeting.
b. Consideration of the Annual Report.
c. Election/Announcement of Results of Election if any.
d. Consideration of the Statement of Accounts for the preceding year.
e. removal/suspension of any office bearer
f. Amendment to bye-laws if any
g. Appointment of Auditor(s) for the ensuing year and fixation of his remuneration if any.
h. Any other matter with the approval and permission of the chair.
22. EXTRA ORDINARY GENERAL BODY MEETING:
An Extra ordinary general body meeting of the Association may be convened by the President for any specific purpose or on the written requisition by atleast 3/4th of the members of the Association. Notice will be same to that of General body meeting. The quorum for the EGM shall be 3/4th of the members of the Association. In default, such meeting may be convened by the requisitionists themselves. No subject other than the subject specified in the notice shall be discussed at the Extra-Ordinary General Body Meeting.
23. ADJOURNMENT OF MEETING:
If required quorum is not present at the appoint hour the meeting will be adjourned to the next
half an hour. No quorum is required for the adjourned and requisitioned Meetings
24. SPECIAL RESOLUTION:
Special Resolution is one passed by 3/4th members of the total members of Association present at the Meeting. The above Resolution is required for amending the memorandum and bye-laws of the association; dissolute the association; to change the name of the Association; and to remove any office-bearer(s) and member(s) of the Executive Committee before the expiry of the period of the office.
25. DISSOLUTION:
The Association shall not be dissolved unless its dissolution is decided upon through a Resolution passed at the Extra-ordinary General body meeting by a majority of 3/4th of the members present at the meeting. In the event of winding up, the funds/properties after satisfying all the liabilities shall be transferred to any other Association/Society having similar objects or any of them.
26. EXHIBITION OF REGISTERS:
The member’s register, books of accounts and minute books shall be kept at the registered office of the Association for exhibition to the members of the Association during business hours at free of charge with a request letter from the Members 3 days well in advance.
27. ELECTION AND ITS MODE:-
a. At the time of every election of office-bearers to the association, the Executive committee shall nominate two Election Officers, who will be in-charge of the conduct of election as directed by the Central Committee. Election officers should not hold any office in the Association except a basic member of the Association.
b. The election schedule shall be fixed by the Committee and this shall be informed to all general body members by the Election Officer.
c. The Election Officer shall act under the directives and the authority of the Committee. He will be in-charge of election of all kinds
d. All the Members of the General Body of the Association who are having 1 year continuous membership by paying the subscription regularly in time and not in arrears of any payment due to the association till the date when the elections are held are eligible to vote and to contest in the election of office-bearers.
