1. NAME OF THE SOCIETY : The name of the Society shall be
ASIA PACIFIC JURIST ASSOCIATION
2. REGISTERED OFFICE : The office of the society shall remain in the National capital Territory of Delhi and at present is at the following address:
A-382 Defence Colony 1st Floor
New Delhi - 110024
3. AIMS AND OBJECTIVES :
The aims and objectives for which the Society is established are as under:
- To strengthen the professional and business relationship within the legal fraternity, in harmony with the business and Government representatives of the countries of the Region and provide a platform for development of strong and sound business relationship within the Region and collectively promote the interest of the Region.
- To provide a forum and an opportunity to the legal fraternity of the Region, to understand, device and synchronize the latest knowledge in the field of international laws with focus on the interest of the Region.
- Provide a forum to the members of the legal profession of different countries in the Region to get together, know about and provide knowledge of the different legal systems with the objective of promoting the business interest of the Asia-pacific Region.
- Promoting and creating awareness of environmental laws and creating a mechanism for a trans-national implementation of environmental laws and electively deal with the challenges and environmental concerns of the Region.
- To provide a forum for promoting international understanding and goodwill within the Asia Pacific Region.
- Promoting the legal systems with focus on sustainable economic development so as to have maximum utilization of resources of the Region to make the life of the people more prosperous and to preserve resources for future generations.
- To educate and create legal awareness among citizens across the Region.
- To promote, represent and safeguard the legal interests of the underprivileged sections of the society in the Region, including socially and economically backward, mentally and physically disabled, street and working children, organised and unorganized labour etc.and to strive to have an effective machinery in the region to safeguard human rights.
- To grant, pay or give scholarships, stipends, awards and allowances to needy and deserving and meritorious students of the Region with the view to help them in pursuing Legal education.
- To work closely with Law schools of the Region in updating and developing curriculum, providing practical training, sharing practical experiences and for their overall development.
- To organize lectures, seminars, conferences, workshops. and exhibitions, events and experience sharing visits and missions at Regional and international level which will serve as a fora for sharing information, and keeping abreast of the contemporary world scenario.
- To collaborate with associations. international organizations and foreign bodies and m.
- To disseminate information and educational material concerning law, rules and procedures, techniques and practices of different member nations of the Region.
- To print and issue and exhibit any journals, periodicals, books, papers, pamphlets, advertisements, reports, lectures and other reading material for the promotion, benefit and advancement of the objectives of the society within the Region.
- To take up Research as objectives of the Forum.
- To raise funds through grants donations, subscriptions, loans, organizing, events etc. for achieving the alms and objectives of the Forum.
- To formulate expert opinion on related legal and social issues and subjects and submit recommendations to concerned authorities at the state, national and regional level within the Region, whenever necessary.
- To do any other activity as may be incidental or conducive to the attainment of the above mentioned objectives of the Forum.
All the income, earnings, movable, immovable properties of the Societies shall be solely utilized and applied only towards the promotion of its aims and objectives set forth in the memorandum of Association and no profit on thereof shall be paid or transferred directly or indirectly by way of dividends, bonus, profits or in any manner whatsoever to the present or past members of the said Society or to any persons claiming through any or more of the present or past members. No member of the society shall have any personal claim on any movable or immovable properties of the Society or make any profit whatsoever by virtue of his membership.
4. GOVERNING BODY: The names, addresses, occupations and designations of the present members of the governing body to whom the management of the Society is entrusted as required under section 2 of the Societies Registration Act, 1860, as applicable to the National Capital Territory of Delhi are as follows:
S.NO. |
NAME |
ADDRESS |
OCCUPATION |
DESIGNATION |
| 1. |
MR. AMARJIT SINGH CHANDHIOK |
F-13,
JANGPURA EXTENSION,
NEW DELHI -24 |
SR. ADVOCATE |
PRESIDENT |
| 2. |
MR. PRADEEP KUMAR BAKSHI |
A-4,
DEFENCE COLONY,
NEW DELHI-24 |
ADVOCATE |
ADVOCATE |
3. |
MR. SIDDARTH MRIDUL |
A-5,
NITI BAGH,
NEW DELHI-49 |
ADVOCATE |
TREASURER |
4. |
MR. ANIL SAPRA |
B-64,
SECTOR-14 NOIDA,
G.B. NAGAR (U.P) |
ADVOCATE |
EXECUTIVE MEMBER |
5. |
MR. JUGAL WADHWA |
H-3,
IIND FLOOR,
RAJOURI GARDEN,
NEW DELHI-27 |
ADVOCATE |
EXECUTIVE MEMBER |
6. |
MR. RAJAT NAVET |
C-89/1,
LAJPAT NAGAR,
NEW DELHI-24 |
ADVOCATE |
EXECUTIVE MEMBER |
7. |
MR. RAVI KANT CHADHA |
55,
DAYANAND VIHAR,
VIKAS MARG EXTN.,
NEW DELHI-92 |
ADVOCATE |
EXECUTIVE MEMBER |
5. DESIROUS PERSONS: We, the undersigned are desirous of forming a Society namely “ASIA PACIFIC JURIST ASSOCIATION” under the Societies Registration Act, 1860, as applicable to the National Capital Territory of Delhi in pursuance of this Memorandum of Association of the Society:
| S.NO. |
NAME |
ADDRESS |
OCCUPATION |
DESIGNATION |
| 1. |
MR. AMARJIT SINGH CHANDHIOK |
F-13,
JANGPURA EXTENSION, NEW DELHI -24 |
SR. ADVOCATE |
PRESIDENT |
2. |
MR. PRADEEP KUMAR BAKSHI |
A-4,
DEFENCE COLONY,
NEW DELHI-24 |
ADVOCATE |
ADVOCATE |
3. |
MR. SIDDARTH MRIDUL |
A-5,
NITI BAGH,
NEW DELHI-49 |
ADVOCATE |
TREASURER |
4. |
MR. ANIL SAPRA |
B-64,
SECTOR-14 NOIDA,
G.B. NAGAR (U.P) |
ADVOCATE |
EXECUTIVE MEMBER |
5. |
MR. JUGAL WADHWA |
H-3,
IIND FLOOR,
RAJOURI GARDEN,
NEW DELHI-27 |
ADVOCATE |
EXECUTIVE MEMBER |
| 6. |
MR. RAJAT NAVET |
C-89/1,
LAJPAT NAGAR,
NEW DELHI-24 |
ADVOCATE |
EXECUTIVE MEMBER |
| 7. |
MR. RAVI KANT CHADHA |
55,
DAYANAND VIHAR,
VIKAS MARG EXTN.,
NEW DELHI-92 |
ADVOCATE |
EXECUTIVE MEMBER |
RULES AND REGULATIONS OF ASIA PACIFIC JURIST ASSOCIATION":
1. NAME OF THE SOCIETY : The name of the society for all purpose shall be
Asia Pacific Jurist Association
2. MEMBERSHIP ADMISSION AND QUALIFICATION QF MEMBERS
The members of the society shall consist of all members who have signed the memorandum and such other persons who have been invited by the Governing Body irrespective of religion, race, community, caste, language or social status and who have attained the age of majority. The invited members shall have intimated their consent in writing to be members of the society and to act according to the memorandum of association of the society.
The numbers of members of the society shall not be less than seven (7)
Every member of the society shall be bound by the provisions of the Memorandum of Association of the society and all these rules and regulations from time to time.
The Governing Body may by resolution at any time without assigning any reason terminate the membership of any member of the society and such a member shall thereupon cease to be a member of the society and have no right or claim whatsoever to any right or privilege of membership, provided that such a resolution shall have been voted for by at least 75% of the members of the Governing Body. Wherever there is a number with a fraction, the number will be rounded off to the next higher number.
Membership of the society shall terminate on
- Death of a member
- A member tendering his resignation to the Governing Body and the same being accepted.
- Membership being terminated by the Governing Body as provided by these rules.
3. TYPES OF MEMBERS
- Founder Members,
- Life Members,
- Ordinary Members,
- Associate Members,
- Honorary Members.
- Founder Members shall consist of the persons who have subscribed and signed the Articles and Memorandum of Association and these Rules and Regulations and shall be Members for life.
- Life Members shall consist of the persons interested in the aims and objects of the Society, who have applied for and been admitted by the Governing Body as Life Members of the Society and shall be Members for life.
- Ordinary Members shall consist of persons interested in aims and objects of the Society, who have applied for and been admitted by the Governing Body as Ordinary Members of the Society.
- Associated Members shall consist of persons interested in the aims and objects of the Society, who have applied for and been admitted by the Governing Body as Associate Members of the Society.
- Honorary Members shall be those individuals who are distinguished in the field of law or are interested in the aims and objects of the Society and are co-opted as Honorary Members of the Society by the Governing Body.
- All categories of Members shall be required to pay an initial subscription / Registration fee together with an Annual fee (payable every year). The Founder Members shall pay an initial subscription of Rs. 5000/- each. The initial subscription / Registration fee and the Annual fee for the categories of life. Ordinary and Associate Members shall be fixed by the Governing Body, which shall also have the absolute power to revise the initial subscription / Registration fee and the Annual fee for any category of Members at its absolute discretion from time to time. However, the Honorary Members shall be exempt from payment of any subscription.
- A person shall be enrolled as a Life Member or an Ordinary Member of the Society by not less than two-third of the members of the Governing Body present at the meeting. A person can be enrolled in any other class of members by the Governing Body or any other person authorized by it in this regard.
4. GOVERNING BODY
- The Governing Body shall be a Governing Body-consisting of not less than seven members including the President who shall be a member of the society and shall be elected by a majority of the members. The remaining members of the Governing Body shall be such persons as are elected in the General. Meeting of the Society.
- The Governing Body of the Society shall comprise of the following:
- President
- Senior Vice President
- Vice-president
- Secretary
- Secretary General
- Joint Secretary
- Honorary Secretary
- Treasurer
- Executive Members (Five)
- The office bearers of the Governing Body of the Society shall be elected by the Founder, Life and Ordinary Members only. The said office bearers so elected shall hold their office for a period of three years or till the time the new Governing Body is elected. Only the Founder, Life and Ordinary Members shall be entitled to contest the elections of the Governing Body. Further, the posts of President, Secretary and two of the Executive Members, shall always be held from amongst the Founder members only. No other category of Members shall be entitled to contest or hold the said posts.
- The Governing Body may appoint / nominate Chairman, Patron-in-chief, Patrons and Senior Members of the Society from time to time.
- The Governing Body shall have power at any time and from time to time to appoint one or more additional members to the Governing Body
- The election of the office bearers and executive members of the governing body shall be held after three at the Annual General Meeting of the Society in accordance with the rules and Bye-laws framed in this regard.
- If the office of any member of the Governing Body is vacated due to resignation, death or any other reason, before his tenure the Governing body shall be fully empowered to nominate/elect any member(s)/ person(s) to the said post and no elections would be held for the same.
- The retiring members shall be eligible for re-election.
- The President of the Governing Body and, in his absence, the Senior Vice President/vice president shall preside over the Governing Body Meetings.
- The decisions of the Governing Body will be taken on the basis of a simple majority, but the President will have the right of exercising and casting vote in case of equality votes.
- A member of the Governing Body shall cease to be its member on his death or on his resignation being accepted or on his becoming of unsound mind, insolvent or being convicted of a criminal offense involving moral turpitude.
- The Governing Body shall function notwithstanding any defer in the appointment, nomination, co-option or election of any member, and no act or proceeding of the Governing Body shall be invalidated or nullified merely by reason of the existence of any vacancy therein or of any defect in the appointment, nomination, co-option or election of any member.
5. POWERS OF THE GOVERNING BODY The Governing Body shall be the supreme authority have entire control and the administration of the society and of all its properties, movable and immovable, and shall have all such powers of the society and do all such things to carry out the objects of the society,
- The Governing Body, shall have power, from time to time, to make, vary and repeal rules and regulations for the transactions and regulation of the business and affairs of the society.
- The Annual General Meeting of the Society shall be held within six months of the close of the financial year on such date and at such time and place as may be determined by the Secretary.
The business of the Annual General Meetings shall be:
- To consider the annual report and statement of accounts submitted by the Governing Body.
- To appoint the auditors of the Society and fix their remuneration.
- To transact such other business as may be brought before the meeting with permission of the person presiding.
- For the purpose of election of office bearers and members of the Governing Body or for voting on an amendment of the Memorandum of Association and/or rules and Regulations or any other question put before the General Meeting, every Founder, Life and Ordinary Member shall have one vote. For the purpose of election of office bearers or for voting on an amendment of the Memorandum of Association and/or Rules & Regulations or any other question put before the general meeting, every Founder, Life and Ordinary Members shall have one vote.
- The Governing Body shall meet at least once a quarter. The meeting of the Governing Body shall be convened by the President by notice issued under the hand of the Secretary.
- An Extraordinary General Meeting of the Society may be convened by the President of his own accord or on the requisition of one-fifth of the members entitled to vote specifying the subject matter to be considered. On receipt of such requisition, the President shall cause a meeting to be convened within two months of the receipt of the requisition at such place and time as he may fix to consider only the subject so specified. If the President fails to call a meeting as aforesaid, the requisitionists may call a meeting within one month from the expiry of the period of two months provided above.
- The Annual General Meeting of the Society will be convened by the President by notice issued under the hand of Secretary or such other person authorized for the purpose.
- Every notice calling a meeting of the Society or Governing Body shall state the date, time and place at which such meeting will be held and shall be served upon every member of the Society or the Governing Body, not less than 7 clear days before the day appointed for the meeting. provided that the accidental omission to give notice or the non-receipt by any member shall not invalidate the proceedings at the meeting.
- The President shall preside at all meetings of the Society and of the Governing Body and in his absence, the Senior Vice-president shall so preside. In the absence of the President and Senior Vice-president, the Vice-president shall preside at the meeting. In the absence of the President, Senior Vice-president and Vice-president, the members present shall elect a person to preside at the meeting.
- Such number of members present and entitled to cast one-tenth of the total number of votes of all members entitled to vote or ten members, whichever is less, shall constitute the quorum for an Ordinary General Meeting of the Society. The Quorum for an Extra-ordinary General Meeting of the Society shall be such number of members present and entitled to cast one-fifth of the votes or fifteen members whichever is less. The quorum for a meeting of the Governing Body shall be one-half of its members. Any fraction contained in the one-tenth, one-fifth or one-sixth as the case may be, shall be rounded of as one. lf the quorum is not present, the President or the person presiding as the case may be, shall adjourn the meeting to the same day In the next week, at the same time and place or to such other day and at such other time and place as he may decide on the basis of the same agenda. Such adjourned meeting will not require to have the prescribed quorum.
- The President and the Secretary shall have power to invite any other person to attend meetings of the Society and the Governing Body, but such other person shall not be entitled to vote at the meeting.
- All disputed questions at the meetings of the Society and the Governing Body shall be determined by majority of votes. In the case of an equality of votes, the person presiding shall have a second or casting vote.
Any business which may be necessary for the Society or the Governing Body to transact except such as has to be placed before the Annual General Meeting of the Society relates for framing, amendment and repeal of We-laws, may be carried out by circulation among all the members of the Society or the Governing Body respectively, and approved by a majority of members entitled to vote at general meeting of the Society or at a meeting of the Governing Body respectively. The said signing shall be as effective and binding as if such resolution had been passed at the meeting of the Society or the Governing Body as the case may be provided that at least the number of members constituting the quorum of the Society or the Governing Body as the case may be record their views on the resolution.
Without prejudice to the generality of the foregoing powers in the course of the administration of the society in furtherance of its objectives, the Governing Body is empowered:
- To establish, promote or assist in establishing or promoting and to subscribe to or become a member of any other Society of association with all or any of the objects of the society.
- To take over purchase, acquire or whole securities of the government of public body or post-offices or national saving certificates from time to time as the society may think fit, and to vary the said investments or any of them or for others of the same or like, and to realise the same or any of them or any pad thereof and to use the proceeds for the purposes of the Society or any of them.
- From time to time to take over, purchase, sell, demolish, mortgage, establish, construct, maintain, alter and manage lands, buildings, rooms, grounds, equipment, facilities and amenities for the development of the under-privileged sections of the Society. From time to time invest and deal with the monies of the Society not immediately required, in such securities and in such a manlier as the Society may think fit and as allowed by any law enforced.
- To engage an employee, dismiss or suspend, attorneys, advocates, architects, valuers, engineers, specialists, professors, lecturers, demonstrators, teachers, managers, secretaries, auditors, accountants, clerks, servants and workmen and to pay them salaries, wages gratuities, fees, honoraria, and pensions.
- To open and operate accounts of any description with any bank or backs on such terms and in such a manner from time to time as the Governing body may deem fit.
- To appoint such person or persons as the Governing body may deem fit for the purpose of representing the Society and/or the Governing body in any legal or other proceedings to be instituted by or against the Society.
- To delegate all or any of the powers of the Governing body to the President and/or to the Senior Vice President or Vice President, as the Governing body may from time to time deem necessary or expedient.
- Generally to do, execute or perform all such ads, deeds and things as deemed by the Governing Body to be incidental or conducive to the attainment of the above objects or any of them.
6. BYE-LAWS OF THE SOCIETY
The Governing Body shall, have power to frame, amend or repeal any Rules and Bye-laws for the furtherance of its objects and in particular to provide for the following matters: -
- The preparation and submission of budget estimates, the sanction of expenditure, making and sale of alterations of investments and accounts and audit',
- Conduct of business of committees and sub-committees as may be constituted from time to time by the Governing Body and determining the powers and functions of such committees and sub-committees, their constitution and the terms of office of the members;
- The procedure for the terms and tenure of appointment, emoluments, allowances rules of discipline and other conditions of service of the staff of the Society; and
- Such other matters as may be necessary for the administration of the affairs of the Society.
7. APPOINTMENT OF COMMITTEES
The Governing Body of the Society may be resolution appoint any committees, advisory bodies or sub-committees and appoint any persons thereto and delegate to them such powers as it may consider necessary and lay down the rules for the functioning of the committees, advisory bodies and sub-committees.
8. MEETING OF THE GOVERNING BODY:
The meeting of the Governing Body shall be held at the time and place as the President may from time to time determinate.
9. DELEGATION OF POWERS
The Governing Body may be resolution delegate to the President, the Secretary or such other officer as may be appointed and any other officer of the Society, such of its powers for the conduct of the affairs of the Society as may be considered necessary.
10. ENDOWMENTS AND GIFTS
The Governing Body shall have powers to enter into arrangements with the public or private organizations, individuals or the Governments for securing and accepting endowments. grand-in-aid, donations or gifts to the Society on mutually agreed terms and conditions provided that the conditions of such grant -in-aid or donation of gift if any, shall not be inconsistent or in conflict with the nature or objects of the Society.
The Governing Body shall have the powers to take over and acquire by purchase, gift or otherwise from Government and other public or private individuals or organizations willing to transfer the same immovable properties, endowments or funds, together with any attendant obligations and engagements not inconsistent with the objects of the Society.
11. FUNDS OF THE SOCIETY AND ACCOUNTS
The funds of the Society shall consist of the following:
- Fees and subscriptions collected by the Society.
- Donations, grants, contributions and income from other sources.
- Income from investments.
12. UTILIZATION
The funds of the Society, so collected, shall be utilized in publication of newsletters etc. and organizing seminars conferences, workshops, , scholarships and in associating with other Societies in or outside India or for such other purposes and activities as may be decided from time to time by the Governing Body to attain the objectives of the Society.
The Society shall open Bank Account with any Nationalized Bank, which shall be operated by any two of the President, Secretary and Treasurer. The Governing Body shall have power to authorize any other office bearer to operate upon the accounts of the Society, as may be decided by it from time to time.
The Governing Body shall maintain proper. accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed by the Society.
The accounts of the Society shall be audited annually by auditors appointed for the purpose by the Governing Body and any expenditure incurred in connection with the audit of accounts of the Society shall be payable by the Society. The Auditors shall have the right to demand profusion of books accounts connected vouchers and other documents and papers. The nature of audit to be applied and the detailed arrangements to be made in regard to the form of accounts and their maintenance and the presentation of the accounts may be prescribed by Bye-laws.
13. CONTRACTS
The Governing Body of the Society shall have absolute powers to enter into contracts with other Institutions and Arbitral Bodies, (both within India and abroad) for the purposes of promoting the aims and objects of the Society and for other related purposes as may be considered necessary by the Governing Body.
All contracts shall be signed on behalf of the Society by the Secretary or such other person as may be notified by the Governing Body. All communications etc., on behalf of the Society shall also be sent by the Secretary.
14. GENERAL
No act or proceeding of the Society or the Governing Body shall be deemed to be invalid by reason merely of any deficiency in or any defect in the constitution of the Society or the Governing Body as the case may be.
15. SERVICES OF NOTICES
(i) A notice may be served upon any member of the Society either personally or under certificate of posting in communication addressed to such members at the address mentioned in the roll of members.
(ii) Any notice so sent by post shall be deemed to have been delivered within such time as is ordinarily taken by the post office, and in proving such delivery it shall be sufficient to prove that the cover containing such notice was properly addressed and stamped and put into the Post Office.
16. ALTERATION OF THE RULES & ALTERATION OR EXTENSION OF THE OBJECTS OF THE SOCIETY
The objects for which the Society has been established may be altered or extended as provided in the Societies Registration Act, 1860.
17. FINANCIAL YEAR
The Financial Year of the society shall be from 1st April to 31st March every year.
18. AUDIT
The accounts of the Society shall be audited by a qualified auditor every year.
19. ANNUAL LIST OF MANAGING/GOVERNING BODY
Once in a financial every year a list of the office bearers and members of the governing body of the Society shall be filed with the Registrar of the Societies, Delhi as required under Section 4 of the Societies Registration Act, 1860.
20. EXECUTION OF BUSINESS
All writings, deeds and documents, which are to be executed by the Society, shall be executed for and on behalf of the Society by the Secretary or such a member of the Governing Body as may be authorized to do so by the Governing Body.
21. AMENDMENTS
The memorandum of association of the Society and its rules and regulations may from time to time be modified, added to, revoked or reenacted by the Society at a special general meeting called by the Governing Body for the consideration thereof and agreed to by the 1/3rd of the members of the Society present and voting, provided that in case of any alteration, abridgement or addition of the purposes of the Society or its Society, the provision of Section 12 and 12A of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi
22. LEGAL PROCEEDINGS
The Society may sue or be sued in the name of the Secretary or such other officer(s) as may be appointed as per provisions laid down under Section (6) of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi
23. APPLICATIONS
All the provisions under all the sections of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi shall apply to the Society.
24. DISSOLUTION
If the Society needs to be dissolved, it shall be dissolved as per provisions laid down under Section 13 and 14 of the Societies Registration Act 1860 as applicable to the National Capital Territory of Delhi if on winding up or dissolution of the Society there shall remain after the satisfaction of its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the Bar or any of them but shall be dealt with in the manner provided by sections 13 and 14 of the Act XXI of 1860
25. APPLICATION OF ACT
All provisions under all sections of the Societies Registration Act 1860 as applicable to the National Capital Territory of Delhi shall apply to this Society.
26. ESSENTIAL CERTIFICATES
Certified that this is the correct copy of the rules and regulations of the society. |