Rules and Regulations
Rules and Regulations
1. MEMBERSHIP
(a) Membership of the VSC shall be open to the persons serving or retired from service in the Government(s) State or Centre or Public Sector Undertaking(s) State or Centre, Public Sector Banks and all Governmental Institutions etc. The Executive Committee may admit a person after his/her submitting the application for Membership in the prescribed form. The Executive Committee has the right to reject any application if in its view considers that admission of such a person is likely to affect the purpose, aims and objectives of the Association.
(b) Categories of Members:
(i) Life Member: Anyone as mentioned above and who has been admitted by the Executive Committee and who pays a onetime subscription of Rs. 1000/- (Rupees one Thousand only) shall become a Life Member.
(ii) Organizational/Institutional Member: Society or Corporation or Social Service Organization supported / maintained / run with Government aid, supporting the aim(s) and objective(s) of the VSC, may after admission by the Executive Committee and paying a onetime subscription of Rs. 15,000 (Rupees Fifteen Thousand only) shall be admitted as Organizational/institutional member. Such above said Organizational/Institutional Member(s) will have a right to nominate two persons from their Organisation / Institution as members.
(iii) Honorary Member: The Executive Committee may invite and co-opt any person of great eminence, scholarship and/or record of public service to become an Honorary Member. This includes former CVCs, Vigilance Commissioners etc.
(iv) Individual / Associate members : Any Officer designated as Vigilance Officer or performing the duties of Vigilance in the Government(s) State or Centre or Public Sector Undertaking(s) State or Centre, Public Sector Banks and all Governmental Institutions etc. may become a member of the Vigilance Study Circle without any fee by submitting the prescribed application form. Such Vigilance Officers transferred out of the Vigilance Department ceases to be a member. In the event such member whose membership is ceased desires to continue as a member, he/she can do so by filing a separate application for membership and in such case, Executive Committee at its discretion may grant such membership. .
(c) Admission fee: As mentioned above
(d) Termination of Membership: Membership of the Society shall ipso facto terminate if a member:
i) Dies or permanently leaves India or is declared being insane; or
ii) Tenders his resignation in writing to the Society; or
iii) Found guilty by any competent court etc.
2. GENERAL BODY
(a) Functions of the General Body:-
(i) The General Body shall provide overall policy guidance and direction for the efficient functioning of the Society in fulfilling its aims and objectives as laid down in Article 3 – Aims and Objectives of the Memorandum of Association;
(ii) It shall meet at least once a year to conduct Annual General Body Meeting (AGBM).
(iii) It shall consider the balance sheet and adopt annual audited accounts of the Society presented by the Secretary along with the remarks thereon by the Executive Committee.
(iv) It shall consider the Annual Report presented by the Secretary along with the comments thereon by the Executive Committee.
(v) It shall recommend the Annual Action Plan and pass budget for the ensuing year.
(vi) To elect the Executive Committee once in two years.
(vii) To appoint an Auditor
(b) Powers of the General Body:
The General Body shall have powers to:
(i) Undertake all activities necessary for the fulfilment of the aims and objectives as laid down in Article 3 of the Memorandum of Association.
(ii) Expand the strength of its membership provided the expanded strength is filled in the manner prescribed for enlisting the original membership.
(iii) Add, modify or amend the Memorandum and Articles of Association and these bye-laws provided that all such additions, modifications or amendments shall be aimed at promoting the objectives of the Society.
(iv) Recommend the termination of a member on the grounds listed in the bye-laws under clause 4(iv).
(v) Approve the Annual Report, Balance Sheet and the annual audited accounts of the Society.
(vi) Approve the appointment of the Auditor(s) of the Society.
(vii) Delegate to the Executive Committee or the Secretary any of the above powers.
(c) Quorum:
The quorum for all Annual General Body Meeting (AGBM) of the Society shall be nine members or one third of the total strength of the members for the proceedings to be validly conducted. In case the quorum is not met, the meeting will stand adjourned and the Secretary must convene an ‘adjourned meeting’. If in the adjourned meeting also, the quorum is not present the members present shall constitute the quorum. The members present at such ‘adjourned meeting’ may transact the business for which the meeting was called.
(d) Notice:
Minimum Notice of Fifteen days shall be necessary to convene the Annual General Body Meeting.
(e) Decisions:
All decisions at the AGBM shall be taken by a simple majority of members present and voting. In the event of a tie, the President shall have a second casting vote.
(f) Special / Extra ordinary General Body
To meet emergent and urgent situations, an Extra Ordinary or Special General Body Meeting may be held with three days’ notice. The decisions arrived at such Meetings shall be tabled at the next AGBM.
3. EXECUTIVE COMMITTEE
(a) Composition of Executive Committee:
The Executive Committee shall consist of not less than seven members and not more than nine members including the President, Vice-President and Secretary.
(b) Functions and Powers of Executive Committee:
(i) Day to day management of the VSC-B shall vest in an Executive Committee elected in the Genera Body for a term of two years. Subject to the provisions of the Memorandum of Association and the Rules, the Executive Committee shall have the control and management of the business and affairs of the Society and shall have all advisory, executive and financial powers to conduct the affairs of the Society through its Secretary. All the duties, powers, functions and rights, whatsoever, consequential and incidental to the carrying on of the objectives of the Society shall only be exercised or performed by the Executive Committee.
(ii) In particular and without prejudice to the generality of the foregoing provision, the Executive Committee will:
· consider the annual budget and the annual action plan, its subsequent alterations placed before it by the Member (s) from time to time and pass it with such modifications as the Executive Committee may think fit;
· accept donations and endowment or give grants upon such terms and conditions as it may think fit;
· delegate its powers, other than those of making rules, to the President;
· appoint committees, sub-committees, expert panels, task-force, working or study groups and Boards etc. for such purpose and on such terms as it may deem fit, and to remove any of them;
· set HR Policy including staff positions and salary and incentive structure of the Society
· appoint auditors for auditing the accounts of the Society with the approval of the General Body;
· ensure that the Society considers any comments made by funding agencies on the progress in the implementation of the projects sponsored and funded by them;
· monitor the financial position of the Society in order to ensure smooth income flow and to review annual audited accounts;
· Remove, suspend, reward or fine its employees: everyone on the Pay roll of the Society or anyone deemed fit to be an employee as per byelaws for the due and proper conduct of any business of the VSC.
· Do generally all such acts and things as may be necessary or incidental to carrying out the objectives of the Society or any of them. Provided that nothing herein contained shall authorize the Executive Committee to do any act or to pass any bye-laws which may be repugnant to the provisions hereof, to the powers hereby conferred on the Executive Committee and other authorities, or which may be inconsistent with the objectives of the Society.
(c) Procedure of the meeting of the Executive Committee:
(i) General Meeting of the Executive Committee:
The Executive Committee shall meet as and when necessary with the permission of the President, for the management of the affairs of the Society, provided that the Executive Committee shall meet at least once in three months.
(ii) Special Meeting of the Executive Committee:
In addition to the General meetings, a Special meeting may be called at any time with the permission of the President. The Special Meeting may be convened within five days from the date of requisition, provided further that the President may, whenever deemed fit, direct the Secretary to call a Special Meeting.
(iii) Notice of the Meeting of the Executive
Committee:
For every meeting of the Executive Committee, a notice of not less than seven working days specifying the place, date, time and agenda for the meeting shall be given to all the members. If an Executive Committee meeting is adjourned due to want of quorum, an adjourned meeting can be called on a date fixed by the President. But in case of emergency, the President may reduce the above period of notice to such number of days as he deems fit in the circumstances of the case.
(iv) Business of the Executive Committee:
Every meeting of the Executive Committee shall be chaired by the President or, in his/her absence by one of the other members, elected by the members present from among themselves. Each member, including the member presiding at the meeting of the Executive committee shall have one vote but the presiding member shall also have a casting vote in addition to his vote as member in case of equality of votes. All the matters shall be decided by a majority of votes.
(v) Minutes of the meeting of the Executive
Committee:
A copy of the Minutes of the proceedings of each meeting shall be furnished to the Executive Committee members as well as to all the members of the General Body as soon as possible after the completion of the meeting. The President or the member of the Executive Committee who chairs the meeting, as the case may be shall approve the proceedings of the meeting. Proceedings of every meeting shall be properly kept by the Secretary and shall be confirmed at its next meeting.
(vi) Resolution of the Executive committee:
Every resolution of the Executive Committee shall be passed by a majority of members present and voting for the resolution to be valid. In case of expediency, the Secretary of the Society may circulate a resolution for approval and such resolution shall be deemed to have been passed if a majority of the members approves it, provided that such resolution shall be valid if and only if the President is also one among the member approving the resolution. The resolution so passed by circulation shall be recorded in the proceedings of the next meeting of the Executive Committee.
(d) Quorum for the meeting of the Executive Committee:
The quorum at all meeting of the Executive Committee shall be not less than one fourth of the total strength of the members of the Executive Committee for a proceeding to be validly conducted. In case the quorum is not met and the meeting is adjourned, the Secretary must reconvene the adjourned meeting.
(e) Powers & Duties of the person of the
Executive Committee:
(i) President of the Executive Committee:
Person elected by the Executive General Body Members shall be the President of the Executive Committee of the Society.
The President shall have power to:
· Call, or ask the Secretary to call a meeting of the Executive Committee at any time and on the receipt of such requisition the Secretary shall forthwith call such a meeting;
· Authorize acquisitions by gift, purchase, lease or otherwise, any property, moveable or immovable as per CVC guidelines, and to construct, operate and maintain any building for purpose of the Society as deemed appropriate by the Executive Committee and subject to approval at Annual General Body meeting.
· Sanction and incur expenditure per instance as may be fixed by the General Body for achieving the objectives of the Society.
· Tender & award contracts and incur expenditure on works and consultancy to achieve the objectives of the Society up to the limit as may be fixed by the General Body.
· Act upon powers as may be delegated to President by the Society and the Executive Committee.
· Carry out powers and functions of the Executive Committee whenever the exigency so demands and place the action taken before the next meeting of the Executive Committee for ratification.
· Can delegate any or all of the above powers to the Vice President of the Society.
(ii) Vice President:
He/She shall assist the President in discharge of his/her functions. In the absence of the President he/she will perform the duty of the President as entrusted by the President.
(ii) Secretary:
He/She is the custodian of all records relating to the Society and Correspondent on behalf of the Society. He/She has to take on record all minutes of the Society. He/She would convene both the Executive Committee and General Body Meetings of the Society with the permission of the President. He/She guides the Treasurer in preparing the budget and expenditure statement to place before the General Body for its approval.
(iii) Treasurer:
He/She is responsible for all financial transactions and funds of the Society. He/She has to maintain accounts properly along with the vouchers. He/She has to prepare the accounts of the Society jointly with the Secretary or President.
(iv) Advisors:
They are the responsible persons to attend to such activities of the Society which the Executive Committee entrusts to them.
4. FUNDS
(a) The funds shall be spent only for the attainment of the objects of the Society and no portion thereof shall be paid or transferred directly or indirectly to any of the member(s) through any means. Any surplus funds available with the Society shall be invested in such mode(s) as may be specified Under Section 11(5) of Income Tax Act from time to time. For ensuring transparency of funds an online system will be adopted.
(b) Bank Accounts shall be opened in the name of the Society and shall be operated by such of those office bearer(s) as may be specified by the Executive Committee from time to time.
(c) None of the office/bearers of the Society shall be allowed to use the funds or the assets of the Society, or allowed to derive any benefit either directly or indirectly from the Society as stipulated u/s.13(1)(c) of I.T. Act.
5. ACCOUNTS
a) The accounts of society shall be maintained or caused to be maintained by the Treasurer of the Society for recording all the in-flows and out-flows of the Society. Annual Accounts shall be audited by a Chartered Accountant/Qualified Auditor before presenting the same before the General Body for their adoption or approval.
b) The Audit year of the Society shall begin on the first day of April and end on the 31st day of March next year.
c) The Society shall maintain proper accounts and other relevant records as well as documents comprising the receipt and payment accounts, statement of assets and liabilities and balance sheet.
6. AUDITOR
A qualified Auditor will be appointed by the Executive Committee who shall audit the accounts of the society at least once in a year and annual Audit Report will be submitted to the Registrar of Societies regularly.
7. AMENDMENT
No amendment or alteration shall be made in the Memorandum of Association of the Society unless voted by 2/3 of the members present at a Special Meeting convened for the purpose and confirmed by 2/3 of the members present at a second Special Meeting and without the prior written approval of the Director of Exemptions, specified for this purpose Under Income Tax Act, 1961.
8. LEGAL PROCEDURE
(a) According to the provision laid down in the section 6 of the Societies Registration Act XXI of 1980, the Society may sue or may be sued in the name of the President of the Society
(b) No suit or proceeding shall abate by reason of any vacancy or change in
the holder of the office of the President, the Secretary or any office bearer authorized in this behalf.
(c) Every decree or order against the Society in any suit or proceeding(s)
shall be executable against the property of the Society and not against the person or the property of the President, the Secretary or any office bearer.
(d) Any person, including a member of the Society who damages, injures or
destroys and property of the Society or otherwise acts in a manner resulting in pecuniary loss to the Society can be sued by the Society. The fact that such person may be a member of the Society shall not in any manner prevent the Society from proceeding against him in a court of law.
9. DISSOLUTION
If necessary the Society may be dissolved and the properties remained after dissolution may be
handed over according to the provision laid down in Sections 13 and 14 of the Societies Registration Act, XXXI of 1860 Subject to the provisions of the Act, the Society may be dissolved by a resolution passed at a special meeting of the General Body of the Society duly convened for the purpose and supported by at least two-third of the total members of the Society. The General Body shall prescribe procedure for such dissolution by such resolution. The General Body may on such resolution decide to take action for liquidation of assets and liabilities of the Society shall or can be given over to organizations with similar aims and objectives as that of the Society, strictly in accordance with the provisions of Act, or surrendered to reputed Public Institution. In either case, the decision of the Government shall be final.
10. MANAGEMENT OF THE SOCIETY
a) The Management of the affairs of the Society shall be vested with the Executive Committee as enshrined in the Rules and Regulations framed for the purpose.
b) Person elected by the Executive General Body Members from any of the Bangalore based Public Sector Organisation shall be the President of the Executive Committee of the Society. The Office address of the nominated President shall be the official address of the VSC – B which will be duly endorsed at the AGM and shall be intimated to The Registrar of Co-operative Societies.
11. AUTHORITY TO CORRESPOND
The President/Secretary of the Society shall be the authority to correspond on behalf of the Society.
12. NOTICE
Notice may be served upon any member of the Society either personally or by post to the address of such member at the address mentioned in the register of members. Any notice so served by post shall be deemed to have been served on the day following that on which the letter, envelop or wrapper containing the same is posted and in providing such service, it shall be sufficient to prove that cover containing such notice was properly address and delivered to the post office.