Memorandum and Rules and Regulations of
THE PUNJAB PHOTOGRAPHERS ASSOCIATION (Regd.)
537, New Jawahar Nagar JALANDHAR-144001
In these rules and regulations, unless there is something in the subject or context inconsistent there with “Association” means the Punjab photographers Association (Regd) (P.P.A).
Member means a member of the Association.
Circle means local units.
General meeting means a general body meeting of the Association.
Delegate committee means delegate committee of the Association.
Office bearers mean office bearers of the Association Viz.
President, Sr. Vice President, Vice President, General Secretary, Joint Secretary & Financial Secretary (Cashier) of the Association.
Delegate means member of the delegate House and Representative of the local unit in the
MEMORANDUM OF ASSOCIATION
The name of the Association shall be “The Punjab Photographers Association”
The Registered office of the Association shall be at JALANDHAR in the Punjab State of India.
The objects for which the Association has been established are:-
To promote the ART, SCIENCE & TECHNOLOGY OF PHOTOGRAPHY and other useful allied services.
To help and assist the members in the pursuit one and all the objectives of the Association in every possible manner.
To formulate and carry out plans designed for the trade and art on a sound and remunerative basis.
To make representation to the authorities both Govt. and non-Govt. In India and abroad on behalf of its members.
To make representations to the manufacturers and suppliers on behalf of its members for getting better facilities and terms for them.
To coordinate with other similar Association in the interest of its members.
To protect by lawful means the interest of its members in all matters dealt with by the central and state Govts. and local bodies affecting their interests.
To advice its members on various aspects of the trade.
To form local units.
To protect and safeguard the interests of its members in the fulfillment of the Association and see that the work of the public is handled carefully and on fair prices.
To train professionals and recommend them to the photographic and allied traders.
To receive money and donations from its members and others.
To spend the money for the benefit of the Association in protecting its legal rights and for its smooth running.
To assist the members in getting photographic material and equipment.
To pay out of the Association funds the costs and expenses incurred in connections with all matters preliminary and incidental to the formation, promotion, and incorporation of this Association the cost and expenses in connection will all matters preliminary and incidental to formation of any society which may be promoted by this Association.
For the purpose of carrying out its objects advantageously, the Association shall have the following powers:
To invest and deal with money of the Association, not immediately required in such manner as may form time to time be determined.
To contribute to charitable and other funds for the benefit of the Association its members and its employees.
To help to acquire, build, make contract, equip, maintain improve, alter, buildings and carry out other works. Which may be necessary or convenient for Association.
To engage, employ, suspend and dismiss office staff and servants at such rates as be thought fit, to grant pensions, gratuity to any such person, to his widow or generally to provide for the welfare of all employees.
To purchase or take on lease or in exchange hire or acquire any moveable or immoveable property or any rights and privileges which the Association may consider necessary or expedient for its benefits.
To sell and sublet any property of the Association for the cash or obligations of any person or persons.
To enter into arrangement with any authority whether Governmental, Municipal, Local or otherwise that may seem conclusive to the Association’s object or any of them and for any purpose whatsoever and to obtain from any such authorities rights, licenses, privileges and the concessions which the Association May think if desirable to obtain and carry out, exercise and comply with any such arrangements, rights licenses, privileges and the concessions.
To open current, savings and fixed deposit accounts in any scheduled bank and to make accept, endorse, execute promissory notes, bills of exchange and other negotiable instruments
To promote unity amongst people connected with photographic art and trade.
To look after all the rights of photographic trade and art.
To find out the new sources to improve the standard of photographic trade and art and follow them.
To take steps to solve the disputes amongst photographic and others concerned and to remover misunderstandings.
RULES AND REGULATIONS
Note: These Rules and Regulations of this Association would be deemed to be in force with retrospective effective and also that the old Memorandum and Rules and Regulations of this Association would be deemed to be ineffective and having been cancelled.
The objects of this Association are set out in its Memorandum.
The registered office of the Association will be at Jalandhar City in the Punjab State of India.
Any Individual Firm or company engaged in the photographic Trade viz. Professional photographers, photo goods dealers, video mixing centre, photo designers and those firms which are related to photography trade and established in the state of Punjab & Union Territory of the Chandigarh, can become a member of the Association and shall apply on the prescribed form which will be available from of the office the Association.
Existence of the shop and its registration under the state’s shop and Commercial Establishment Act, where applicable, are essential conditions for getting the membership of the Association.
Membership Can be applied by the proprietor/partner/assistant of the firm.
An application for the membership of the Association would be entertained and scrutinized by the Secretary of the local (Circle) Unit of the Association and by the General Secretary of the Association. General Secretary accept or reject it by assigning a define reason in accordance with rules of the Association but the delegate committee of the Association is empowered to reconsider any application and accept or reject the same without assigning any reason.
Partner and assistant would be entertained and scrutinized by the proprietor of the firm and Secretary of the local (Circle) Unit of the Association. Partner and assistant will be considered as a associate member.
However the associate member shall have no right to vote or be elected as any office bearer of local unit or Punjab Photographer’s Association.
If there is no local (circle) unit of the association at station of applicant then application for the membership would be entertained and scrutinized by the Secretary of the nearest circle unit in his/her own district and that member will be attached with that nearest local unit.
A member shall not be the member of any other Association of photographers in the State of Punjab and U.T. Chandigarh having the same aims and objects, except the circle units of the Association and affiliated to this Association.
Every new member will be required to pay Rs.800/ as admission fee including 2 years subscription along with his application for membership.
Every member shall pay Rs.600/ as (2) two years subscription to the Association. Any member with continuous membership for the last ten year can become life member of the Association by paying Rs.4000/as one time payment. Associate member can not be continue as a life member. If any associate member becomes to proprietor then his/her membership known as regular member from past. If any member transfor his/her firm then new firm owner will not be claim for lifetime membership.
Two Regd. No. ( One is for member and one is for firm ) will be allotted from the PPA office. Partner and assistant will be considered as a separate member and he/she will be his/her subscription donation paid separately from proprietor.
I Card and certificate to every member will be issue for two years.
Every registered member will be considered as a member of General Body of the Association and a list of all such members shall be maintained in the office of the Association.
It will be binding on every registered member to fully abide by the by-laws and Rules and Regulations and instructions that may be framed amended by the Delegate Committee of the Association from time to time. In the event of any failure to comply with the same it will be subject to the consideration of delegate committee, who are empowered to take suitable and proper action as they may deem fit.
All right and privileges of members shall be as laid down in by-laws framed by the Delegates Committee of the Association From time to time.
In case a member transfers his business at the same station or from one city to another or changes the name of his establishment of the firm he/she will be required to apply with his/her legel documents through local unit. If a member sells his/her business to any other gent then the new proprietor shall have to apply for new membership but firm’s old Regd. will be continue.
Discontinue member will not be apply for fresh membership. He/She will renew his/her membership while pay old due donation.
TERMINATION OR REINSTATED OF MEMBERSHIP Can take place under the following conditions All rights will be eliminated of the member :-
After Resignation all rights will be eliminated of the member.
In case of Default in payment of annual subscription dues, all rights will be eliminated of the member. When a member remains defaulter in any other payment of dues to the Association for which the General Secretary of the Association may have given due notice to the member with the permission of the president will be terminated.
For any action pertaining to dishonesty with the same Association or detrimental to the interest of the Association and its members and any other undesirable behavior.
Working against the Association interests, Filling false or in relevant court cases or complaints against the PPA fraternity in respect of PPA matter, Commission of fraud and embezzlement of PPA funds.
In that all cases these persons will not be eligible for any office bearer post & honor.
In case any terminated member can be reinstated in future in to PPA by delegate committee.
The membership shall be considered terminated or reinstated when the Delegate committee of the Association will approve such termination or admitted with 2/3 majority. The quorum of the Delegate committee for such purpose will be ½ of its full strength. The Delegate committee can also hand over cases under clause (d) to the police for recovery of embezzled amount.
Terminated member can appeal to President through General Secretary. President decided for that in the presence of office bearers and working committee but final decision will be taken by delegate committee.
Any member who has been terminated from membership shall have no right or any claim against the Association.
On death of any member, However on the demise of an authorized member of the individual firm or company, the other responsible person shall be eligible for retaining such membership.
REPRESENTATION AND ADMINISTRATION
The state of Punjab, and U.T. of Chandigarh will be divided in circles for representation in the Association
Each circle represents a place where a local unit is formed.
The minimum membership of a circle will consist of five (5) members. If however there are less than five members at station or town, they may join with nearest local unit. Any member can not be admitted as a direct member of the Association.
Each circle shall pay Rs. 50/ only as registration Fee to the Association once only at the time of its formation.
The members of every circle will elect their office bearers and their representatives (Delegates) to the PPA as and when the Association calls for such election.
The representation of the Delegates from the local units will be as follows:-
5 members 1 Delegate
6 to 10 members 2 Delegates
11 to 20 members 3 Delegates
21 to 40 members 4 Delegates
41 to 70 members 5 Delegates
More than 70 6 Delegates
The elected Delegates from the circles will elect the office President of the Association. PROXY will not be allowed in the election. All office bearer shall be nominated by The new elected President. Only elected delegates are eligible for the election of office bearers.
The Association shall have the following office bearers.
Senior vice president One
Vice President One or more than One
General Secretary One
Joint Secretary One or more than One
Financial Secretary One
The General Elections of Association will take place after every two years and all the office Bearers shall be Honorary but no member can remain in any office continuously for more than two full terms. If However for any special reasons the elections of the office Bearers may not be held on completion of two years term, such elections will have to be held within three months after completion of the term. If the elections are further delayed, the delegate house is empowered to extend the terms of the office bearers for another six months but in no case there will be any further extension.
The delegates and the elected office bearers of the Association will constitute the Delegate Committee of the Association.
The President is empowered to Co-opt up to five members from general body members of the unrepresented area to the delegates committee of the Association.
The President will nominate every Zone and all district committees as working committees consisting of all office bearers and others nominated by him/her for delegate committee. However, there will not be more than one member from any city or town (except the office bearers).
The General Secretary of the Association, with the consent of the President, is empowered to engage regular or part time employees for running the day to day work of the Association one of the employees will be the incharge of the office and will be called office secretary.
A 60 days notice will be given by the Association to the circles to hold their elections. On receipt of the call of the Association it will be compulsory for the circles to hold their new elections. The circle shall send the names of their delegates at least 30 days prior to the General elections of the office bearers of the Association. The notice of the election of the office bearers of the Association shall be given to all the delegates 15 days in advance.
Duties and Powers of office bearers.
The President shall be supreme head of the Association
He shall preside and control general body meetings, delegate committee meetings, working committee and office bearers meetings of the Association. He shall take all possible steps to implement resolutions as passed in such meetings.
In event of equal voting in any matter he shall have right to cast his vote but at the time of elections he shall not have the right to utilize the casting vote.
SENIOR VICE PRESIDENT
In the absence of the President he will preside over his various meetings as mentioned in the duties of the President and will also be responsible to carry out all the duties of the President.
He will help the President in the performance of his duties.
He will preside the various meetings in the absence of the President and Sr. Vice President and also help the President in Performance of his duties as and when required by him or in his absence by the Sr. Vice President.
The General Secretary will be chief Executive of the Association and shall be the incharge of the office of the Association.
He will be responsible to call for and arrange General Body meetings, delegates committee meetings, working committee meetings and office bearers meetings with the consultation of the President.
To record the proceeding of the various meetings of the Association and to prepare AGENDA for the meetings.
To be responsible to keep various registers and records of the Association upto date and be responsible every day to day work of the Association.
To act upon various duties and powers entrusted to him from time to time by various committee of the Association.
To entrust work of the Association to the joint Secretary in accordance with the requirement or the time.
To see that all the instructions issued by the President are implemented in full.
He will be custodian of the assets and belongings of the Association.
He shall have general supervision of accounts and pass bills payment.
The Joint Secretary will assist the General Secretary in carrying out the routine work of the Association and carry out all duties of the General Secretary in his absence.
FINANCIAL SECRETARY (CASHIER)
To keep all accounts of the Association properly and correctly.
To keep all papers viz. vouchers, bills pertaining to accounts properly and upto date.
To prepare statement of accounts and presents the same when required.
To keep pass books and cheque books of bank accounts of the Association in his custody.
In the event of the resignation of the Financial Secretary, the President is empowered to nominate any member of the delegate committee to fill this vacancy, and the nominated person shall carry out the duties of the cashier.
Circles (Local Units )
The office bearers of every circle will look after the interest of local units and its members.
Every circle will have to abide by the rules and regulations and carry out instructions of the Association from time to time. Each circle will also frame its by-laws in the light of rules and regulations of P.P.A. However, each circle will be taken as branch of the Association.
Each circle may collect funds to meet with the expenses of the local unit but it will have to keep proper account of the income and expenditures which shall be placed before its house at the time of its General election.
If a member is sole proprietor/partner of two or more shops in the same town or city, each shop shall be considered as separate unit. However one Owner shall have one vote.
Only those persons will participate in local meetings through whom their firms were enrolled as members but authorized persons can nominate other bonfide partners in their place their place on grounds of health/ un-avoidable circumstances.
Each circle can also enroll those photographer firms as their members who do not desire to be members of P.P.A. Such members shall have no connection with any affairs of PPA and shall also have no right of voting on any matter in governing the local units. They have no right of voting on any matter nor they can hold any office of the local units/ P.P.A. such members will be called “Associate members of the circle”.
Local units will send Annual report of their activities to PPA.
General Body Meeting
All PPA members shall be invited to participate in General body meeting through a circular at least fifteen days in advance.
All the resolutions shall be passed in General body meetings in accordance with the requirement of times, by a simple majority.
The quorum of General body meeting will be 20%of all members on the roll.
Such meeting can be called on any emergency but it will be essential once in five years.
The date, venue and place of general body meeting shall be decided by the working committee. The information of the General body meeting shall be given to the circles at least three weeks in advance and to all PPA members at least 45 days in advance individually.
Delegate committee .
The delegate committee shall frame the general policy of the Association.
The elected delegates from the circles shall be its members along with co opted members nominated by the President if any.
Such meeting shall be compulsory twice in a year but can be called at any time if need be.
Intimation for delegate meeting shall be given to all the delegates at least one week in advance but in event of emergent meeting it can be called at 48hours notice.
The time, venue and place of meeting will be decided by the General Secretary in consultation with the President.
(a) The quorum for the delegates committee meeting shall be 30% of its total strength.
(b) In the event of incomplete quorum, the meeting shall be adjourned for the next date or can be held on the given again to all the delegates. However the conditions for quorum shall not be compulsory for adjourned meeting.
7. The annual budget and income and expenditure shall be placed before the delegate committee meeting for the approval.
19. Working Committee
The working committee shall be responsible to help in the implementation of all the decisions taken in the delegate committee meeting and general body meetings.
Such meeting shall be held from time to time when need be.
The working committee shall have the authority to take formal decisions on any urgent issue but such decision must be confirmed in the next delegate committee meeting.
In the event of resignation or death of any office bearers the working committee is authorized to make temporary arrangement to fill up the vacancy which shall remain in force only till the next delegate committee meeting.
The notice for such meeting shall be given to every working committee member at least seven days in advance but it can be called at 48 hours notice in any emergency.
The quorum of the ordinary and emergency meeting shall be 1/3rd of its total strength. In the event of incomplete quorum the meeting shall be adjourned for the next date or can be held on the same day. However the condition of quorum shall not be compulsory for such meeting.
The President in consultation with General Secretary may invite any member in working committee meeting but the member of such special invitees shall not be more than three. Such special invitees can take full part in the proceedings of the meeting but will not be eligible to vote on any matter.
The Association shall collect membership fees, annual subscription, donation, rent of the property and any other legitimate income from investment or some other sources for running the expenses of the Association.
The membership fees, donation or other amounts will be received by the cashier or General Secretary or any other person who is appointed by the delegate committee and will issue proper official receipt for the same.
All the funds shall be received in the name of the Association and not in the personal name of any individual.
The funds shall be spent strictly for the benefit of the Association and for the achievement of its aims and objects.
The funds of the Association shall be deposited in any schedules bank and the accounts shall be operated jointly by the President, General Secretary and the Cashier of the Association. For withdrawals from the bank it will be compulsory that the cheques shall be signed by any two from above office bearers one of them shall be Cashier.
The General Body Shall be the only authority to buy or sell or give on lease any immoveable property of the Association. However the resolution to dispose off any immoveable property shall be passed only in the meeting attended by at least 2/3rd of the member.
The accounts of the Association shall be audited every year and audited accounts will be placed before the delegate committee meeting by the Cashier.
The power for affiliation or disaffiliation of any Association, Society Federation Connected with the photography will rest with the delegate committee.
For the fulfillment of any special work the delegates committee, working committee and President are empowered to nominate any subcommittee in their jurisdiction.
Loss of Association
The office bearers of the Association shall not be responsible for the loss incurred to the Association provided intention or dishonesty of a particular office bearer is not involved.
Office Bearers meeting
The office bearers meeting can often be called whenever need be. Special invitees can also be called in such meetings but the number of such special invitees shall not be more than 30 % of the total number of the office bearers.
The General Secretary and the Cashier will jointly prepare annual budget of the Association. The General Secretary shall place the same before the delegate committee meeting for approval.
Inspection of records and accounts
The checking of the record can be carried out on the written demand of at least 10 Delegates with the permission of the President. The checking shall be conducted in the presence of General Secretary and Cashier but the time and date of such checking shall be decided by the President.
Audit of accounts
The delegate committee shall constitute a finance Subcommittee of 7 members who will check the account of PPA every three months and shall submit its report to delegate committee or W.C.
The Association shall get its accounts audited every year.
The election of the office bearers will be held by secret ballots. In the event of equal voting the decision shall be by toss or by lottery, to be decided and announced by the Presiding Officer at the spot.
Only the Civil Courts at Jalandhar shall have jurisdiction to entertain and decide any dispute of the Association.
The General Secretary will represent the Association in all the disputes.
The Association will defend it office bearers/NIPS Delegates, officer & staff of the Association for their pro Association activity and only the Civil Courts at Jalandhar shall have jurisdiction to entertain and decide such cases.
No Confidence Motoin.
For no confidence motion against any office bearer of the Association, an application duly signed by at least fifteen delegates will be compulsory and they will choose their convener to pursue the matter.
On the receipt of the no confidence motion it will be compulsory for the office or General Secretary to call the meeting within 30 days.
(b)For such meeting the quorum will be 1/3 of all the delegates. In the event of 2/3rd votes of the delegates present in favor of the motion, it will be considered as passed and will take immediate effect. Non compliance of this motion by the President or Gen. Secretary will render then lose their official status and the convener or any of the signatories of the motion may call meeting of the delegate house to decide further course of action.
All the powers with the office bearers are bestowed upon them by the constitution and rules and regulation of PPA and non compliance of the constitutional. Obligations and misuse of the powers by them shall render the office bearers lose their official power as such:-
The delegate committee shall be authorized to make amendment in the constitution. The quorum of such meeting shall be 2/3 of its total strength. The amendment/amendments shall be considered as passed in the event of 3/4th votes amongst the present delegates for it and it will take immediate effect.
The notice for amendment in the constitutional shall reach P.P.A‘s office at least 20 days in advance of the delegate meeting.
The Association will only be dissolved if a resolution to this effect is passed by General Body meeting by 2/3rd majority of total members.
In the event of winding up or dissolution of the Association, their remains, after the satisfaction of all the debts and liabilities, any property whatsoever shall not be disposed off by payment or distribution amongst the members of the Association, but shall be given or transferred to some other society or Association having objects similar to the objects of this Association.
The office bearers of the Association at, the time of dissolution, will become the trustees of the Association.