CONSTITUTIONS

  • Any Company desirous of becoming an Ordinary Member of the Company may submit an application in the prescribed form duly proposed and seconded by any two existing Ordinary Members to the Secretary General of the Company.
  • Any Company or firm an Associate Member of the Company may submit an application in the prescribed form duly proposed and seconded by an existing Ordinary Member and an existing Associate Member, or two Ordinary Members to the Secretary General of the Company.
  • Any application for admission as an Ordinary or Associate Member shall be accompanied by the requisite entrance fee.
  • Any Company of firm admitted to the membership of the Company shall be deemed to have agreed to abide by and be subject those Articles, its rules and regulations and bye-laws of the Company that may be in force from time to time.
  1. For admission as Ordinary Member, currently nil.
  2. For admission as Associate Member, currently nil. Every application for members should be accompanied by the entrance fee payable per the rates specified herein-above in the form of an Account Payee Demand Draft drawn in favor of the Company
  • The Minimum Annual Membership Subscription payable by the Members is as under:-

              a) Ordinary Member, currently Rs. 30,000/-, but can be changed by the Managing committee as and when required.

               b) Associate Member, currently Rs. 30,000/-, but can be changed by the Managing committee as and when required.

  • Each member shall pay the minimum Annual Membership Subscription in one installment payable not later than 31st March of the financial year, provided however, member may elect to pay the said subscription in two half yearly installments or in four equal quarterly installments by giving due intimation thereof to the Secretary General on or before 15th April of the financial year.
  • Where any member elects to pay the minimum Annual Membership Subscription in half yearly installments, the same shall become payable on or before 30th and 31st of September and March respectively.
  • Where any member elect to pay the minimum Annual Membership Subscription in quarterly installments, the same shall become payable on or before 30th or 31st day of June, September, December and March respectively.
  • A new member of the Company shall , within 15 days of his admission as an Ordinary or Associate Member , pay the minimum Annual Membership Subscription as applicable in lumpsum or in installments as aforesaid on the basis that full subscription is payable in the quarter in which such member is admitted irrespective of the date of admission.
  • Any member of the Company whose membership is terminated during any quarter shall pay the subscription for that quarter irrespective of the date on which membership is terminated.

No amount whatever of minimum annual membership subscription, entrance fees or other contribution towards shortfall or deficit of the expenses, received from the members by the Company shall become refundable on any member ceasing to be such member in any manner whatever, but member shall continue to be liable to pay for any dues payable to the Company on these accounts.

When constitution of the firm changes:- A firm shall cease to be an Associate Member if there is change in the conventional name in which it was admitted as an Associate Member together with a change in the constitution occasioned by the admission, death or retirement of a partner.

Cessation of Production:- If a Company being an Ordinary Member or an Associate member cease to manufacture processed glass in India either permanently or for a period exceeding one year without being able to offer sufficient explanations and evidence of its ability to recommence manufacture of Processed Glass in India, such Company or firm shall cease to be an Ordinary Member or an Associate Member as the case may be from the date fixed by the Managing Committee having regard to the circumstances of the case. It shall be open to the General Body to readmit such person, firm or Company as an Ordinary Member or an Associate Member without paying entrance fees on readmission and or such conditions as it may determine.

Expulsion:- An Ordinary Member or an Associate Member whose conduct is considered detrimental to the interests of the Company may be expelled from the Company by a resolution passed in the General Meeting provided that at least three-forth of the votes are cast in favour of the resolution for such expulsion

  • if the member tenders resignation from such membership in writing to the Company and such resignation is accepted by the Committee.
  • if the member ceases to posses the requisite qualification.
  • if the Membership is terminated under the provisions of these Articles.
  • if the member shall be wound up.
  • if the factory (ies) for manufacture of Processed Glass of the member has/ have ceased to be in operation for a continuous period of one year unless the member has obtained permission of the Committee for its continuation as a member.
  • If a member fails to pay within specified period after written demand has been made for payment of the annual subscription and/ or any contribution expenses of the Association determined and/ or payable in accordance with the Articles and a resolution has been passed by
    the committee that such a member shall cease to be a member.
  • if a member fails to observe any of the Rules of the Company or the decision of the committee or the General Body which may have been made in conformity with these Articles a resolution has been passed at the General meeting then such a member shall cease to be a member.
  • A member ceasing to be an Ordinary Member or Associate Member of the Company shall forfeit all rights to or claim upon the Association.
  • The Managing Committee shall have the rights to investigate into qualification of membership of any Ordinary Member/ Associate member from time to time and to decide upon its eligibility for continuance of such membership.
  • Any member who is dissatisfied with the decision of the Managing Committee regarding its eligibility and continuance of membership of the Company shall be entitled to have the matter referred to two Arbitrators, one to be appointed by such member and the other to be appointed by the Company. Any decision of the Arbitrators appointed in pursuance hereof or of any umpire as the case may be, shall be conclusive and binding upon such member and the Company. The arbitration shall be in accordance with the provisions of Arbitration Act, 1940 or any statutory modification or re-enactment thereof for the time being in force.
  • In addition to the minimum annual membership subscription at the rates prescribed above, the Managing Committee shall be vested with the power to raise funds, required for meeting the expenses of the Company each year, as nearly as possible, in the following manner: “The total amount to be raised based on the projected estimates of expenditure of the Company for every year shall be assessed and approved by the Chairman during the first half of every year. The minimum income comprising the aggregate amount of minimum annual membership subscriptions for the year realised or realisable, shall be deducted from such estimates and the shortfall/ deficit of income over such estimate of expenditure arrived at Each Member, whether Ordinary or Associate, shall contribute to such shortfall/ deficit in proportion to its turnover (rounded off to lakhs) relating to the Processed Glass as per its last published Balance Sheet, on the basis of a quotient arrived at as under : Shortfall or deficit of Income X Turnover of Processed Glass of the Member / aggregate turnover of Processed Glass of all Members”.
  • Such payments will be made by the Members within 15 days of receipt of demand from the Company in this behalf.
  • The members shall also similarly contribute to the deficit/ shortfall between actual expenses and the estimates of expenditure of the Company.

ent

  • Every Associate Member ______________________.
  • The Company shall provide a Register called “Register of Associate Members” and the names and other particulars of all Associate Members and their accredited representatives shall also be entered in the said Register in the manner described In the clause (1) above.
  • All General Meetings other than Annual General meeting hall be called Extraordinary Meetings.
  • Pursuant to section 210 of the Act, an Annual General Meeting of the Company shall be held within six months after the expiry of each financial year provided that not more than 15 months shall lapse between the date of one Annual General meeting and that of the next.
  • Nothing contained in the foregoing provisions shall affect the right conferred upon the Registrar under the provision of section 166 (1) of the Act to extend the time within which an Annual General Meeting may be held.
  • Every Annual General Meeting shall be called on such date and time and shall be held at the Registered Office of the Company or at such other place within the city or town in which the registered office of the Company is situated or at such other place in the Republic of India as may be permissible under the law for the time being in force and determined from time to time by the Managing Committee subject to the conditions prescribed by the Central Government in this behalf under Section 25 of the Act. The notice calling the meeting shall specify it as the Annual General Meeting.
  • Every member shall be entitled to attend in person or by proxy and the Auditors of the Company shall also be entitled to attend and to be heard on matters which concerned him as the Statutory Auditor. Only the Ordinary Members shall have right to vote on any matter in any General Meeting. Associate Members shall have no right to vote in any General meeting.

(a) To receive the Report of the Managing Committee, the Balance sheet, the Income and Expenditure Account and the Auditor’s Report for the preceding year.
(b) To elect the Members of the Managing committee for the ensuing year.
(c) To appoint an Auditor or Auditors and fix their remuneration.

  • Any business of which due notice has been given may be transacted at Annual General Meeting and the same shall be deemed as Special Business.
  • All business to be transacted at any meeting other than an Annual General Meeting shall be deemed as Special Business.
  • All business to be transacted at any meeting is deemed as special business, there shall be annexed to the notice of the meeting a statement setting out all material fact concerning such item of business including in particular the nature and extent of interest therein, if any, of every Member of the Managing committee and where any item of business consist of according or approval to any document by the meeting, the time and place where the document can be inspected shall be specified in the statement.
  • Every notice of an Annual or Extra-ordinary General Meeting convened by Company shall, be signed by the Secretary General or by such other officer as the Managing Committee may appoint.

Any members desirous of moving any resolution at any General meeting shall give in writing to the Secretary General at least twenty eight clear days’ notice thereof before the date notified for holding of the said meeting.

  • If the Managing Committee does not, within in twenty one days from the date of the deposit of a valid requisition in regard to any matter, proceed duly to call meeting for the consideration of these matters on a day not later than forty two days from the date of the deposit of the requisition, such of the requisitionists as represent not less than one-tenth of the total voting power of all the members on the Company may call the said meeting.
  • A meeting called by the requisitionists or any of them
    (i) shall be called in the same manner as nearly as possible as that in which meeting are to be called by the committee, but
    (ii) shall not be held after the expiration of three months from the date of the deposit of the requisition.
  • If within half-an-hour from the time appointed for the meeting called on requisition, quorum is
    not present, the meeting shall stand dissolved.
  • On a show of hands, every Ordinary member whose name appears in the Register of Ordinary members and who is not otherwise disqualified shall have one vote.
  • On a poll, every Ordinary member whose name appears in the Register of Ordinary member and who is not otherwise disqualified shall have one vote for every Rs. 10,000 or part thereof of its Minimum Annual Membership Subscription provided that in any event no member shall have more than six votes.
  • If a poll be demanded or ordered in the manner aforesaid, it shall be taken at such time & place and in such manner as the Chairman shall direct and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.
  • A poll demanded on the election of the Chairman of the meeting or on any question of adjournment shall be taken forthwith. A poll demanded on any other question shall be taken at such time and place as the Chairman of the meeting may direct.
  • In case of an equality of vote, either on a show of hands or a poll, the chairman of the meeting shall be entitled to a second or casting vote.
  • The demand of a poll shall not prevent the continuance of a meeting for the transaction of any business other than the question on which a poll has been demanded.
  • No Ordinary member shall be entitled to vote at any meeting either through his accredited representative or his proxy unless all moneys due from it to the Company have been paid.
  • On a poll, the votes may be given either through a representative or through a proxy properly appointed for the purpose. The instrument appointing a proxy shall be in writing and in the case of a member who is a company under the Common Seal of the member.
  • Any corporate Ordinary member of the Company entitled to attend and vote at a meeting of the Company shall be entitled to appoint a representative by a proper written instrument and the representatives so appointed shall have a right to attend and vote at such meeting and also the right to speak at the meeting.
  • Any Ordinary member of the Company, entitled to attend and vote at a meeting of the Company shall be entitled to appoint another person (whether a member or not)as his proxy to attend and vote instead of himself, but a proxy so appointed shall not have any right to speak at the meeting.
  • The proxy shall be in such form as is prescribed in the Act.
  • The instrument appointing a proxy and the power of attorney or other authority (if any) under which it is signed or a notarially certified copy of that power of authority shall be deposited at the Registered office of the Company not less than 48 hours before the time for holding the meeting at which the person named in the instrument of proxy proposes to vote and in default the instrument of proxy shall not be treated as valid.

The Managing Committee for the time being in office shall manage the affairs and funds of the Company and shall exercise all powers which may be necessary for or incidental to such management except those powers which are by these Articles or by any statue, expressly directed to be done by the Company in general meeting.

All the members of the Managing Committee shall retire at every Annual General Meeting, and, subject to the provisions of the Act and these Articles shall be eligible for re-election.

  • Unless otherwise determined by the Company in general meeting, the number of members of the Managing Committee shall not be less than five and not more than twelve.
  • The following persons shall tie “first Directors” of the Company:- (1) Mr. Gurmeet Singh (2) Mr. Sharanjit Singh (3) Mr. Kunwar Narayan (4) Mr. Shubash Tyagi (5) Mr. Deepak Malik (6) Mr. Balaji Konidala (7) Mr. Dhiraj Gada (8) Mr. Suhel Kachwala
  • Not less than five Members and not more than twelve members shall be elected from the ordinary Members provided however that not more than one Member IS represented on the managing Committee by any ordinary member.
  • The Managing Committee shall decide the number of Members on the said committee to be elected each year taking into account the total number of Ordinary Members and the total number of Associate members admitted to the Company, and notify the decision sufficiently In advance to all the Members of the Company. Where at any, Annual General Meeting there shall be more candidate for places on the Managing Committee other than the number to be elected at the said meeting, the election of the Candidate shall be determined by ballot. The Managing Committee shall have the power to frame rules for conduct of elections to the Managing Committee through ballot.
  • if at any time his nomination to act as such member is withdrawn by the Ordinary member of the Company whom he represents;
  • if he resigns from the office of the member of the Managing • Committee;
  • if he becomes insolvent or suspends payment of his debts or compounds with his creditors;
  • if he becomes of unsound mind;
  • if he is convicted of any offence involving moral turpitude; or if the company of firm whom the member of the Managing Committee represents cease to be Ordinary member of the Company.
  • Subject to clause (1) hereof the Chairman may at nay time, on his own or as required by the members of the Managing Committee, summon or cause to be summoned a meeting of the Managing Committee, as such time and place as he may deem advisable. Due notice shall be given of all such meeting to the Members of the Managing Committee.
  • QUORUM: Five members of the Managing Committee shall form the quorum for transaction of business at any meeting provided however that at any adjourned meeting of the Managing Committee, such number of members who are present not being less than three, may proceed to transact the business.
  • Every question raised at any meeting of the Managing Committee shall be decided by majority of votes of the members present and vote at the meeting. Such member shall have one vote but in the event of equality of votes, the Chairman shall have a Second and casting vote.
  • Subject to the provisions of Section 289 and 292 generally and excepting the powers referred to at clauses (a) and (b) of sub section 292, a resolution in writing on any matter approved by circulation by a majority of the members of the Managing Committee for the time being in India, shall be a valid and effectual as if it has been passed at a duly convened meeting of the Managing Committee.

Without prejudice to the general powers conferred by Article 42 hereof, the Managing Committee shall have power :

  • to appoint to delegate subject to such conditions as it thinks fit any of its powers to any subcommittee:

To make, very and repeal bye-laws or rules for the regulation and for the conduct or of the business of the Company, of the Managing Committee, or any sub committee, of its officers or servants, or of the member of the Company; and

  • to enter into arrangements or co-operation agreements with other associations having common interest within or outside India and to make rules and regulations for the appointment or conduct of the affairs of Joint Business Councils.
  • To appoint representatives of the Company for serving on any Committee, governmental or otherwise, on which the Company has been invited to be represented or to act for the Company for any other specified purpose.
  • To appoint such sub-committees, the Managing Committee may deem it advisable for the purposes of investigating and,
  • To invite any member of the Company not being a member of the Managing Committee, to be present at any meeting of the Managing Committee and participate in its deliberation, provided, however, the member so invited shall not have the right to vote at such meetings of the Managing Committee.
  • To institute, conduct, defend, compound or abandon any legal proceedings by or against the Company, its officers, or otherwise concerning the affairs of the Company and also to compound and allow time for payment or satisfaction of any debts due, and if any claims or demands by or against the Company and to refer any differences to arbitration and observe and perform any awards made thereon.
  • To open any account or accounts with such bank or banks as the Managing Committee may select or appoint, to operate on such accounts, to make, sign, draw, accept, endorse or otherwise execute cheques, promissory notes, drafts, hundies, bill of exchange, bill of lading and other negotiable instruments, to make and give receipts, releases and other discharges for money payable to the Company and for the claim and demand of the Company and to close such bank account or accounts.
  • To borrow or raise or secure the repayment of any sum or sums of money as may be decided upon by the Managing Committee time to time.
  • Subject to the provisions of section 292 and 372 of the Act, to invest and deal with any money of the Company not immediately required for the purposes thereof, upon such security or without security and in such manner as they may think fit, and from time to time to vary or realise such investments. Save as provided in Section 49 of the Act, all investments shall be made and held in the Company’s own name.
  • To determine from time to time who shall be entitled to sign, on the Company’s behalf, bills, notes, receipts, acceptances, endorsements, cheques, dividend warrants, releases, contracts and documents and to give the necessary authority for such purpose.
  • To provide for the welfare of the employees or ex-employees of the Company and the wives, widows and the family of the dependents or connections of such persons, by building or contributing to the building of house dwellings or chawls by grant of money permissions, gratuities, allowances, bonus or other payments; or by creating and from time to time subscribing or contributing to the provident funds and trusts and by providing and subscribing and contributing towards places of instruction and recreation, hospitals and dispensaries, medical and other assistance as the Managing Committee shall think fit; and to subscribe or contribute or otherwise to assist or to guarantee money to charitable, benevolent, religious, scientific, national or other institutions or objects which shall have any moral or other claim to support or aid by the Association either by reason of locality of operation or of public and
    general utility or otherwise.
  • From time to time and at any time to establish any local Committee for managing any of affairs for the Company in any specified locality in India elsewhere and to appoint any person to be Member of such local committee.
  • Subject to the provisions of Section 292 of the Act, from time to time, and at any time to delegate to any person so appointed any of the powers, authorities, and discretion for the time being vested in the Managing Committee other than their power to make loans of borrow moneys and to authorize the members for the time being of any local committee or any of them, to fill up any vacancy therein and to act notwithstanding vacancies; and such appointment or delegation may be on such terms and subject to such conditions as the Managing Committee may think fit, and the Managing Committee may at any time remove any person so appointed, and may annual or vary such delegation.
  • At any time and from time to time by power of Attorney under the Seal of the Company, to appoint any person of persons to be the Attorney or Attorneys of the Company, for such purposes and with such powers, authorities and discretion (not exceeding those vested in or exercisable by the Managing Committee under these articles excluding the power to make loans and borrow moneys) and for such period and subject to such conditions as the Managing Committee may form time to time think fit.
  • Subject to the provisions of Sections of Section 297 of the Act, for or in relation to any of the matters aforesaid or otherwise for the purpose of the Company, to enter into all such contracts and execute and do all such acts, deeds, and things in the name and on behalf of the Company as may be considered expedient.
  • The Company shall also be at liberty to have an official seal in accordance with Section 50 of
    the Act, for use in any territory, district or place outside India.

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