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1. PREAMBLE
Unless the context otherwise requires words or expression contained
in these articles shall bear the same meaning as in the ordinance or
any Statutory modification thereof in force.
2. The chamber for the purpose of registration is declared to
consist of unlimited members.
3. DEFINITION
In these Articles unless there is anything in the subject or context
repugnant thereto:
a) “Ordinance” means the Companies Ordinance, 1984.
b) “Articles” means the articles of Lasbela Chamber of Commerce and
Industry for the time being.
c) “Chamber” means “The Lasbela Chamber of Commerce and Industry”
d) “Member” means an Ordinary, Trade Group or Town Association
Member.
e) “Bye-laws” means the bye-laws of the chamber for the time being
in force.
f) “General Body” means the members of the chamber entitled to
attend and vote at the general meeting of the chamber.
g) “General Meeting” means a meeting of the General Body of the
chamber.
h) “ordinary Resolution” shall have the same meaning as defined in
the Companies Ordinance. 1984.
i) “Special Resolution” shall have time same meaning as provided in
the Companies Ordinance, 1984.
j) “Ordinary Resolution” means any resolution passed at an Ordinary
General Meeting by a simple majority of the voters present, by show
of hands or if poll is demanded by a simple majority of the vote
given thereat.
k) “Committee” means the Executive Committee of the chamber.
l) “Office-bears” mean and include President, senior Vice President
and Vice President and Members of the Executive Committee.
m) “Office” means the registered office of the chamber.
n) “Seal” means the Common Seal of the chamber.
o) “Year” means the calendar year i.e. from first day of January to
31st day of December.
p) “Register” means the Register of Members to be kept at the
registered office of the chamber in pursuance of the Ordinance.
q) “Secretary” means the Secretary of the chamber for the time being
who shall be a whole time employee of the chamber.
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4. The chamber is formed for the attainment of the aims and objects
contained in the Memorandum of Association and every members of the
chamber shall be deem to have subscribed to the same.
5. MEMBERSHIP
There shall three classes of members namely Ordinary Members, Trade
Group Members and Town Association Members.
A) i) ORDINARY MEMBER
The Commercial and Industrial Concern, Whether Sole Proprietorship,
Partnership time, Company or any other company or any Concern shall
be eligible for the membership as an Ordinary Member of the Chamber,
provided that they have their Registered Office or Head Office or
Branch Office, Headquarters, Principal place of business or
manufacturing plant, industries, workshops, business centre, located
within the territorial jurisdiction of the Chamber, as may be
defined by the Government from time to time.
ii) The Membership of the chamber shall be for a period of one year,
renewable on furnishing proof of a return of income or statement U/S
143 B under the Income Tax Ordinance, 1979 for the latest preceding
assessment year by the Member, whether individual, firm or company.
However the Companies / Concerns established after 30-6-1994 shall
be exempt from the aforementioned requirement for the first renewal
but such renewal would not grant them the voting right. The members
of chamber who are exempt from payment of Income Tax or if their
income falls below the taxable limit will be allowed to produce
exemption certificate or copy of tax coupons etc. In lieu of filing
of return or income or statement U/S 143 B of Income Tax Ordinance.
B) TRADE GROUP
Those interests which do not find it possible to become Ordinary or
Associate Member of the chamber individually may join themselves in
Trade Groups representing such interests in trade or industry which
have no separate all Pakistan Association, Such Groups whether
licensed or not licensed under the Trade Organization Ordinance,
1961 (XLV of 1961) shall be eligible to become Group Members of the
chamber.
PROVIDED that if an All Pakistan Association representing any
specific trade and / or industry is licensed by Govt. The membership
of the Trade group representing that trade and / or industry shall
be terminated by the chamber. Provided further that Branch Offices
or Zonal Offices of All Pakistan Association may also join this
class of membership with the permission of their head offices.
C) TOWN ASSOCIATION
Town Association licensed by the Govt. under the Trade Organizations
Ordinance, 1961 (XLV of 1961) representing the interests of Traders
and Industrialists of the Towns falling in the jurisdiction of the
chamber shall be eligible to this calls of membership. Provided that
Town Association will also be entitled to become Ordinary Members of
chamber directly.
6. NOT more than one representative of a member shall be entitled to
take part in the voting at any meeting of the chamber. A
representative of an Ordinary Member shall be associated with the
member either as a partner proprietor or in the case of a
corporation as a Director. A member may replace his representative
by notifying the name of his new representative in writing to the
chamber. Provided that representative of the Ordinary Members
whether firms, companies or corporations shall be entitled to
contest election for the membership of the Executive Committee.
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7. Trade Groups and Town Associations shall nominate their
representative from amongst their own members for the full term of
one year. The representative so nominated shall not be changed
during the year unless he ceases to be a member of the Trade Group
or Town Association as the case may be, nominated by the Trade Group
or Town Association to representative it for the remaining period of
the year.
8. APPLICATION FOR THE
MEMBERSHIP
Every application for membership shall be forwarded to the secretary
on the prescribed form accompanied with the admission fee and
subscription for the first year along with the following documents;-
a) In case of limited company : copy of Memorandum / Articles
Certificate of Incorporation and latest copy of Form – A of
Companies Ordinance, 1984.
b) in case of Partnership firm : copy of Deed of Partnership and
certificate (i.e.) Extract of Registers of Firm;
c) All the members shall also provide copy of (1) NTN Certificate
(2) NIC of the authorize representative of the Member, (3) Rent
Receipt if the member is working in a rented place in proof of
ownership of the property (4) Factories Act or Shop Act Registration
Certificate.
9. The Secretary shall on receipt of the same place it before the
Executive Committee of the chamber for decision in accordance with
the provisions of these Articles. The Executive Committee may reject
any application for membership without assigning any reason. If the
applicant is not admitted as a member the admission fee and
subscription shall be refunded to him. In case an application for
membership is rejected by the committee on fresh application from
that applicant shall be entertained for a period of one year form
the date of such rejection.
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10. ANNUAL SUBSCRIPTION AND ADMISSION FEE
Every Candidate for membership shall pay admission fee and Annual
Subscription in accordance with the scale set-forth below:
Class of Members Admission Fee Annual Subscription
a) Ordinary Member Rs. 5,000/- Rs. 3,000/-
b) Trade Group Rs. 10,000/- Rs. 5,000/-
c) Town Association Rs. 10,000/- Rs. 5,000/-
10. PAYMENT OF ANNUAL SUBSCRIPTION
The Subscription shall be paid annually in a lump sum in advance and
shall become payable on the First January each year. In the case of
those enrolled during the course of the year, the following
procedure shall be adopted.
a) Those enrolled during the period between 1st January and 30th
June shall pay the full amount of subscription prescribed in Article
10.
b) Those enrolled during the period from 1st July to 31st December
shall pay half the amount of subscription prescribed Article 10.
c) No reduction in the Admission fee shall be allowed in any case.
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12. a) If any member fails to pay the membership subscription at
least by the 31st January each year, the name of such member shall
be automatically struck off the register and he shall cease to be a
member of the chamber with effect from the 1st February, provided
that one months advance notice before the date on which the
subscription falls due for payment shall be sent by the Secretary to
all members of the chamber and shall be sent by the Secretary to all
members who fail to pay their subscription by the 20th January
making it clear that they shall cease to be member if the failed to
make payment at the latest by 31st January Provided further that a
member who has ceased to be member due to non-payment of his
subscription shall nevertheless remain liable for payment of all the
dues of the chamber. Provided further that a member who has so
ceased to be a member shall not be readmitted unless he has paid the
admission fee afresh and cleared all the dues outstanding against
him.
b) In addition to Annual subscription, the Executive Committee shall
have power to fix compulsory donation to be collected for any
charitable work and welfare project sponsored by chamber, which may
not exceed Rs. 5000/- per member per annum and / or also fix fees /
charges for service provided and / or impose any levy on its member
for the welfare / promotional work of chamber.
13. REGISTRATION, REMOVAL AND EXPULSION FROM THE MEMBERSHIP
a) Any member may resign from the chamber by giving 30 days notice
in writing to the Secretary and upon expiration of the notice period
he shall cease to be a member. The member who has resigned or whose
name has been removed from the register for non-payment of
subscription or expulsion from the chamber shall remain liable to
pay all dues to the chamber upto the date of resignation, removal or
expulsion from the chamber.
b) Any member who has resigned or whose name has been removed from
the register or has been expelled form the chamber shall not be
entitled to get refund of any money paid to the chamber.
c) A member shall be liable to be fined upto an amount equal to that
of the annual subscription paid by him or expelled from the chamber
or his rights and privileges withdrawn for any of the following
reasons by a resolution of the executive committee passed in a
meeting specially convened for the purpose by 2/3rd majority of the
members present in persons :
i) Neglect or refusal to submit to abide by, or carry out any
decision of the Executive Committee.
ii) Indulging in unethical practices in the field of trade, commerce
or industry.
iii) International violation of the rules & regulations or bye-laws
of the chamber. Failure to pay arbitration fee, fine or any other
due demand of the chamber.
PROVIDED that a member shall not be expelled by the Executive
Committee unless he has been given an opportunity of explaining his
position in writing and / or in person.
PROVIDED FURTHER that the member so expelled shall have the right to
appeal within 30 days form the date of expulsion to the General Body
of the chamber.
PROVIDED FURTHER that when such an appeal is made by the member, the
Executive Committee shall arrange to convene a meeting of the
General Body within 30 days from date of receipt of the appeal and
the decision of the General Body in the matter shall be final and
conclusive.
d) A member shall cease to be a member of the chamber for any of the
following reasons:-
i) if he is expelled from membership as per clause C above ; or
ii) if he resigns from his membership; or
iii) if he fails to pay annual subscription at the latest by the
31st January; or
iv) if any change is made in the conventional or corporate name of
the Firm, Company, Corporation or Group or Town Association ; or
v) if he is found to be of unsound mind by a Court of Competent
jurisdiction ; or
vi) if he is adjudged insolvent ; or
vii) if he is convicted of any offence involving moral turpitude; or
viii) if he closes or transfer his business to any place outside the
jurisdiction of this chamber.
e) No firm, company or corporation shall cease to be a member of the
chamber by reason only of a change in its constitution caused by the
admission, retirement or death of a Partner provided that the
business of the company or corporation is carried on in the
conventional name in which such firm, company or corporation was
elected to be member of the chamber.
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14. RESTORATION OF THE MEMBERSHIP
A member who has been removed from the Register due to expulsion,
resignation or non-payment of subscription shall eligible for
re-enrolment on payment of the admission fee fresh and all arrears
outstanding against him. Provided that a member who is expelled from
the chamber shall not be re-admitted before the expiry of one year
from the date of expulsion and that too if the Executive Committee
decides by 2/3rd majority in favour of his re-enrolment.
15. RIGHTS AND PRIVILEGES OF MEMBERS
Subject to the provisions of these articles or any bye laws and / or
rules of the chamber for the time being a member shall among others,
have the following rights and privileges:-
a) To obtain copies of annual report and audited accounts of the
chamber;
b) To receive all publications of the chamber either free of cost or
at such reduced rates as the committee may from time to time decide;
c) To have free use of the Library of the chamber ;
d) To be present and discuss and vote at any General Meeting on any
question refereed to such General Meeting or to give opinion on any
question referred to the General Body of members in writing of
otherwise;
e) To stand propose and / or second other qualified member(s) for
election on the executive committee or other committees, or to join
any deputation on behalf of the chamber, and to cast his vote in all
the meetings;-
f) To stand for election as representative of the chamber to any
public or private body;
g) To seek assistance and help from chamber in obtaining statistical
or other information for the protection and advancement of business
and to receive such information, as may be available regarding trade
inquiries or other measures affecting the trade;
h) To get and / or receive assistance from the chamber for securing
all reasonable facilities in the development and the advancement of
his trade and for the redress of all reasonable grievances;
i) To see the Minutes Book of the Executive Committee meetings for
which a notice of at least seven days shall be given to the
Secretary who shall seek the permission of the Executive Committee
or if that is not possible, of the president in writing.
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16. RESPONSIBILITIES AND OBLIGATIONS OF MEMBERS
Every member shall have the following responsibilities and
obligation;
a) To make every effort to carry out the aims and objects of the
chamber as set forth in the Memorandum of Association ;
b) To carry out and abide by the rules and regulations of the
chamber as laid down in these Articles or in the bye laws that may
be framed from time to time ;
c) To submit as far as possible all complaints, appeals etc. In
writing to the Secretary ;
d) To pay the annual subscription of the chamber regularly ;
e) To bring to the notice of the Executive Committee any matter
likely to cause any loss or harm to the interest of the chamber in
whatsoever manner ;
f) To accept and abide by the decision of the Executive Committee in
all matters, provided that an appeal against the decision of the
committee can be made to the General Body and that the decision of
General Body shall be final ;
g) To convey to the Executive Committee all such information as may
be necessary for promoting the aims and objects of the chamber;
h) To take part in the deliberations of the meetings of the chamber,
which he is entitled to attend and to abide by the rules framed for
the conduct of the business of the meetings from time to time;
i) To assist and cooperate with the Executive Committee in
eradication of unethical business from the field of trade commerce
and industry.
17. REGISTER OF MEMBERS
a) A Register of Members shall be maintained at the registered
office of the chamber in which shall be set forth the names,
addresses and other particulars of all members together with those
of their representative for the time being, and in which all change
in membership from time to time taking place shall be recorded.
There shall be an entry in the register indication the nature of
business carried on by each member together with the names of the
representative(s), if any,
b) Every member shall have the right of inspection of the register
and, if he is not satisfied with the entry or entries made therein,
he may request the Secretary in writhing for necessary correction to
be made in it.
18. The Town Association and Trade members shall be treated as
single entities each for the purpose of service and advice of the
chamber but they shall notwithstanding anything contained in Article
15 be supplied with five copies of the chamber’s circulars,
publications etc, Meant for free distribution.
19. For the purpose of certification of documents of the members of
Town Association and Trade Group, the rates of fee charges by the
chamber shall not be more than 10% higher than the rates fixed for
the Ordinary Members.
20. For the purpose of certification of the status of members of
Town Association and Trade Group, the chamber shall make it clear
that they are members of the Town Association or Trade Group, as the
case may be, affiliated to the chamber and not members of the
chamber directly.
21. The Town Association and Trade Group members shall normally
correspond with the Federal Government through the chamber.
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MANAGEMENT
22. The management of the affairs of the chamber shall be vested in
body called the Executive Committee and shall, subject to the note
below Article 23, consist of :
president 1
Senior Vice President 1
Vice President 1
Members 16
TOTAL 19
23. The different classes of members shall subject to the note
below, have the right to elect the following number of
representatives belonging to their own class on the Executive
Committee.
i) 15 to be elected by Ordinary Members:
ii) 2 to be elected by Town Association; and
iii) 2 to be elected by Trade Groups.
NOTE
a) There shall not be more than one representative on the Committee
for every Four Ordinary Members. If the strength of Ordinary Members
is less than 60, the strength of the Committee shall stand reduced
by one for every five ordinary members or fraction thereof, that may
fall short of the strength of 60.
b) There shall not be more than one representative on the Executive
Committee for each Town Association or Trade Group to maximum of two
representative each from Town Association and Trade Groups
irrespective of any higher number of Association and Group in the
area of the chamber. If the number of the Town Association and Trade
Group in the area covered by the chamber is less than two each,
their representation on and the total number of seats of the
Executive Committee shall stand temporarily reduced accordingly.
24. The first Election of the chamber in terms of these Articles
shall be held within a period of 90 days from the date of
incorporation of the chamber.
25. RESPONSIBILITIES AND POWERS OF THE EXECUTIVE COMMITTEE
Ordinarily the responsibilities and powers of the Executive
Committee shall be as under;
a) To carry out all the rules, aims and object of the chamber.
b) To sanction expenditure to meet the emergencies and requirements
over and above the annual budget.
c) To look after and manage all the properties, movable and
immovable held by the chamber for itself or in trust.
d) To purchase, take on lease or under lease or otherwise acquire
any land, building, house or any other immovable property in any
place falling under the jurisdiction of this chamber as may be
required or deemed necessary or expedient for the purpose of the
chamber.
e) To maintain and prepare proper accounts and balance sheet, and
place the said account in the Annual General Meeting for approval
and to make arrangements for the annual elections of the chamber and
submit Statutory Returns to the authorities.
f) To appoint Sub-committee(s) if considered necessary for any
special purpose, to call for reports on any particular matter and
generally to supervise the works of the office bearers and any
sub-committee.
g) To cooperate with other person or persons or any incorporated
organization of trade and industry in Pakistan in the interest of
the chamber.
h) To seek interview with the Govt. high dignitaries and foreign
businessmen and to invite them to the chamber and to make suitable
arrangements to receive them.
i) To collect donations for and on behalf of the chamber and to
raise funds and loans in the case of emergency and to make necessary
rules for the same from time to time.
j) To seek admission and / or affiliation with the Federation of
Pakistan Chamber of Commerce and industry with a view to promoting
the objects of the chamber.
k) To approve or reject membership application.
l) To appoint Secretary and such other paid staff as may be
considered necessary for the efficient functioning of the chamber
and to regulate their term and conditions of service.
m) To take effective steps for eradication of unethical business
practices from the field of trade, commerce, and industry as
mentioned in clause 3 (x) of the Memorandum of Association.
n) To convene meetings of the General Body to place before it for
consideration any resolutions concerning trade, commerce and
industry and to make recommendation for farming for bye laws, rules
and regulations and for amendments in them Memorandum and / or
Articles of Association.
o) To defray the expenses of the delegates selected by the Executive
Committee to represent the Chamber at any Government, Semi
Government, Local or Public Bodies or to attend any conference or
meeting at any place in Pakistan which may be either directly or
indirectly connected with the activities of the chamber.
p) To commence, institute, prosecute or defend all such actions or
suits as the Executive Committee may deem necessary and to
compromise or submit to arbitration any action, suit or dispute or
difference as it may think fir.
q) To delegate any of its powers to the President or to the
Secretary as it may deem necessary.
r) To remove or expel such expelled members in accordance with these
Articles.
s) And generally to adopt and to carry out such measures, not
inconsistent with the Memorandum and Articles of the Chamber as may
be necessary from time to time in order to achieve the aims and
objects of the chamber.
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26. PROCEEDINGS OF THE EXECUTIVE COMMITTEE MEETINGS
The meeting of the Executive Committee shall be held as often as the
consideration of business may require and at least once in every
three months.
27. Notice of at least seven days specifying the place, date and
hour of every such meeting as well as the general nature of business
to be transacted shall be given. Non-receipt of Notice by any member
due to miscarriage of post or otherwise shall not invalidated any
proceedings of the meeting. In the case of an emergent meeting,
shorter notice may be given.
28. Eight members (including office bearers) of the Executive
Committee shall from a quorum. No business shall be transacted
unless the quorum of members is present at the commencement of the
meeting, if within half an hour from the time appointed for the
meeting a quorum is not formed, the meeting may be adjourned to the
same day, hour and place next week, if not otherwise decided by the
members present, when no quorum will be necessary.
29. The President shall preside at every meeting of the Committee.
If he shall not be present within 30 minutes of the time fixed for
the meeting, the Senior Vice President shall preside and if he is
also not present, the Vice President shall preside. If none of them
be present, the members present shall elect some one from among
themselves to preside at that meeting.
30. In the case of equality of votes at a meeting the president
shall have second or casting vote except in a meeting held for
election of office bearers.
31. If the difference of opinion between the various class of
members cannot be solved on any matter on which Government may have
called for advises, the respective classes of members shall have the
right to have their view points forwarded to the government through
the chamber. Provided that the views of all classes of members shall
be forwarded by the President in one and the same communication on
each subject or occasion.
32. Minutes of all the meetings shall be recorded regularly and
properly by the Secretary in a Minute Book of the chamber, which
shall be signed by the President or whosoever presides at the
meeting.
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33. ELECTION OF OFFICE BEARERS AND THEIR TERM OF OFFICE
a) Subject to the Note below Article 23, each class of members shall
be entitled to elect only such number of representatives as is fixed
for it on the Executive Committee for a term of three years except
for the first two years.
b) The election of the Executive Committee shall be held by secret
ballot and the final result shall be officially announced at the
General Meeting of the Chamber called for this purpose within
fifteen days of the date of polling but before or on 30th September.
The office bearers for the preceding year retire and the newly
elected ones shall take their respective at the Annual General
Meeting.
c) The President, the Senior Vice President and the Vice President
shall be deemed to have been automatically retired form their
respective offices on completion of their annual term of offices,
but for the purpose of continued representation of the Executive
Committee they shall be treated at par with other members of the
Committee.
d) If the number of representative belonging to different classes of
members on the Executive Committee is divisible by 3, 1/3 of the
representative shall retire every year and shall be those who have
completed their term of office for three years on the Committee.
Provided that those to retire on the completion of the fist and the
second yearly terms immediately after coming into force of these
Articles shall be determined as follows ;
i) On completion of the first year; The names of 1/3rd
representatives to retire shall be drawn by ballot by the executive
committee.
ii) On completion of the Second year; The names of 1/3
representative to retire shall be drawn by ballot from out of the
2/3rd representative who continued in Office on completion the First
Year.
e) If the number of the representative belonging to any class of
members on the committee is not divisible by 3, say the numbers is 4
or 5, the following procedure will be followed in respect of the
retirement and election of his / their substitute(s) ;-
No. of Representative No. of Representative to
On the Committee retire on Completion of :
1st Year 2nd Year 3rd Year
4 1 1 2
5 1 2 2
provided that in such cases the number of representative to retire
shall be determined and announced by the Executive Committee while
circulating the program of the Annual Election of the Chamber.
f) Each class of member shall elect the number of representatives
required to fill the vacancies caused by retirement of their
representatives except that at the time of the first election to be
held after the introduction of their own class (as laid down in
articles 23 subject to the note below that Articles).
g) The representative elected under clause (f) above together with
those continuing on the committee under clause (d) or (e) shall then
election from their own number one President. One Senior Vice
President and One Vice President of the chamber the remaining
representative being called Members of the Executive Committee
Provided that on the occasion of the election, the President, Senior
Vice President and the Vice President shall be elected by and form
amongst the total strength of the representative elected on the
Executive Committee under these Articles.
h) Casual vacancies of members shall be filled by co-option by the
executive committee from amongst the class of members to which the
out-going member belonged. Those of the president shall be filled by
the committee by election from amongst its existing members and the
resultant vacancy of the member (s) shall be filled by co-option.
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EXPLANATION
“The Term” “Casual Vacancy” shall include all vacancies occurring
for any reason, after the announcement of the results of the Annual
Election.
i) i) A member shall be eligible to serve as President, Senior Vice
President and Vice President for one year each and shall be eligible
to seek re-election of the after a gap of one year.
ii) On the expiry of fixed tenure period, the President, Senior Vice
President will automatically cease to be the President, Senior Vice
President and Vice President and shall band over the charge of his
office to the newly elected office bearers or the Executive
Committee of the Chamber if the Election have not been held.
j) i) On completion of the term the retiring member of the Executive
Committee shall not be eligible to stand for election or co- option
for the committee in any representative capacity for the next two
years.
i) No Town Association or Trade Group shall be entitled to be
represented at the Election except through one of its own member.
k) The Executive Committee holding office for the time shall fix a
date between the 1st July and 30th September, each year, for the
election of the required number of members for the new executive
committee and the Secretary shall cause notice of the date so fixed
to be issued to all members of the chamber. The date for the Annual
General Meeting shall be fixed and notified at least 30 days in
advance.
l) i) The Secretary of Chamber along with the issuance of the
election schedule shall display a list of all members eligible to
vote along with their national tax number and the name of their
representative.
ii) The changes, if any, regarding name of representative appearing
in the list of voters shall be sent to the Secretary of the Chamber
along with necessary proof of eligibility within seven days of the
announcement of election schedule.
iii) The members who have any objection to the entries / charges in
the list of voters shall send their objections in writhing to the
Secretary within seven days of the issuance of the said list.
iv) The secretary will intimate action on the objections or charges
sent by members within seven days from the last day under preceding
clause.
m) i) In case of any dispute pertaining to the eligibility of a
member the matter may be referred to the Scrutiny committee of the
Chamber by any person aggrieved by the decision of the Secretary of
the Chamber within three days, which will decide the case within
seven days.
ii) Within seven days of the decision of the scrutiny committee on
such reference and the changes if any, otherwise allowed by the
secretary, a copy of final list of voters shall also be submitted to
the Director Trade Organization, forthwith.
n) Within seven days of the issuance of the final list of voters,
any person who is eligible to contest the vacant post, shall send
his nomination duly proposed, seconded and signed by the candidate
to the Secretary on the prescribed form in accordance with the
Articles of Association or rules of the Chamber.
i) The ballot papers shall have duly numbered counterfoils and the
voters shall sign or affix, thumb impression thereon in the presence
of poling officer before the issuance of ballot papers to him / her.
ii) A member shall be eligible to vote in election of chamber after
completion of one year of membership provided such a member fulfills
the condition stipulated for the renewal of membership and the
change of class of membership, if any, has been notified by the
secretary with the approval of Executive Committee at least three
months prior to the announcement of election schedule.
iii) Every member eligible to vote shall deposit with the Secretary,
the specimen signature card along with his / her photograph
indicating his / her status in the firm, company or concern. The
right to vote shall be allowed only to the proprietor, partner or
the director of the member firm or company, or a person not below
the rank of General Meeting authorized by the Board of Directors of
a Public limited company or a Multinational company, as the case may
be
iv) The proprietor, partner or Director of the member firm or
company, concern or a person not below the rank of General Manager
authorized by the Board of Directors of public limited company or a
multinational company shall be entitled to cast his / her vote at
the time of election only if his or her name has already been
registered with the Secretary and his name appears on the list of
voters. However, in the cause of Associated Bodies, Associations of
person, a society or a trust etc, the member may be represented by
an authorized person who is a member of its Governing Body.
v) Neither postal ballot nor proxy will be allowed.
vi) The Executive Committee shall approve the election schedule and
appoint Scrutiny Committee a returning officer, scrutineers and
polling officers who shall be other than those contesting the
election.
vii) The Returning Officer as appointed shall be inchargeof all
arrangements connected with such, election, including counting of
votes and announcement of results in the presence of polling agents
of the candidates.
p) i) It shall be the duty of the Polling Officer to see the
original identity card issued by the Chamber or National Identity
Card or Passport or any other mode of identification of the voter
and write and number thereof on the counterfoil.
ii) After comparing the signatures and photographs with the specimen
signature cards the polling officer shall hand over the ballot paper
to the voter.
q) i) The ballot paper shall be signed by the Secretary or an
officer of the Chamber duly authorized by the Secretary in this
behalf and shall also be signed by the polling officer at the time
when it is issued.
ii) The voter shall not be allowed to leave the booth after the
ballot paper has been handed over to him until and unless he or she
has inserted his / her ballot paper in the box placed before the
presiding office / polling officer and polling agents of the
candidates.
iii) Adequate arrangements shall be made to maintain the secrecy of
the polls.
iv) Proper account shall be maintained by a designated officer in
respect of ballot papers including used, unused, tendered,
challenged or stray ballot papers.
v) The challenged votes shall be kept in a separate sealed envelope
duly signed and sealed by the Polling Officer.
vi) The Returning Officer shall decide about the challenged votes
after verification of necessary information from the member firm,
company or concern before the official announcement of the results.
vii) Counting of votes shall take place immediately after the
polling hours under the supervision of polling officer in presence
of polling agents of the candidates, if any, at the designated
sites.
viii) Provisional results may be declared by the returning officer
immediately after the counting of votes is completed.
ix) In the event of quality of votes between two or more candidates
a lot shall be drawn by the Returning Officer in the presence of
candidates or their authorized representatives / polling agents of
such candidates and a record of the result thereof shall be made.
x) The announcement of election results within the meaning of
section 9 (2) (e) of the Trade Organizations Ordinance shall be made
in the General Meeting called for this purpose within fifteen days
of the announcement of the provisional results but in no case later
than 30th day of September.
xi) The record of elections shall be opened for inspection upon an
application made in this behalf by the candidate within seven days
of the date of polling and approved by the Director Trade
Organizations.
r) The Secretary shall summon meeting of the Executive Committee
members consisting of newly election and continuing members for the
purpose of election of office-bearers as provided hereinafter.
s) Not less than two days before the date of Annual General Meeting
the Secretary shall give Notice in writing to the candidates
declared elected as members in accordance with the provisions herein
before provided as well as to those who are to continue on the new
committee under Clause(d) or (e) above for the purpose of election
of the President the Senior Vice President and the Vice President.
t) The election of the President, the Senior Vice President and the
Vice President shall be held as follows:-
Subject of the provisions of clause (g) above the members of the
committee shall from their own number, nominate person for holding
offices of the President, the Senior Vice President and the Vice
President. Each member will cast his vote simultaneously in favour
of three candidates for the three offices. The person receiving
majority of votes for the office of President will be first declared
elected President for the Office. The person receiving the majority
of votes for the office of the Senior Vice President shall
thereafter be declared elected as Senior Vice President, the Vice
President shall be similarly elected by a majority of votes. If
there is only one nominee for a particular office, he shall be
declared elected without the process of election laid down is this
Article.
u) No member shall vote for more than the number of vacancies
available for his class of membership on the Committee. Provided
that on the occasion of the first election votes shall be given in
favour of 15ordinary members, 2 Town Association Members and 2 Trade
Group members by members belonging to the respective classes subject
to the note below Article 2-3. provided further that if the required
number of members belonging to an class have not been enrolled the
number of votes to be cast shall stand reduced accordingly and in
that event, the retied members of the class shall be eligible to
stand for re-election.
v) Accidental error or omission to send any notice, nomination
papers etc. To any member shall not invalidated the ballot or
election.
w) The candidates who receive the largest number of votes shall be
deemed to have been elected.
x) In the event of equality of votes between two or more members the
panel of scruitinisers shall decide the case by drawing a lot. The
member in whose favour lot is drawn shall be declared to have been
duly elected.
y) Two representatives of any one member firm shall not be elected
on the Committee at the same time.
z) No member who has not paid his subscription before the election
takes place, shall be eligible to stand for election or to exercise
his right of vote.
aa) Every member of the chamber shall be entitled to one vote only
Provided that at the time of election he shall be entitled to use
his vote in favour of as many candidates as there may be vacancies
for his class of members.
bb) Only such members as have been enrolled one year before the date
of election shall be entitled to vote or stand for election or
nominate candidate for election.
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34. GENERAL MEETINGS:
The Extraordinary General Meeting of the chamber shall be held
within 9 days from the date of incorporation of the Chamber and the
first Annual General Meeting shall be held within 18 months from the
date of in incorporation, and thereafter once at least in every
calendar year at such time and date as may be determined by the
Executive Committee, but in any case not more than 15 months shall
elapse between any two general meetings an within 6 months from the
date of closing of its annual accounts. Such meeting shall be called
Annual General Meeting.
35. The following business shall be transacted at the Annual General
Meeting:
a. Confirmation of the minutes of the last General Meeting.
b. Presentation and adoption of the Annual Report of the chamber.
c. Presentation and confirmation of duly audited statements of
accounts and passing of the budget for the ensuing year.
e. Appointment of Auditors for the ensuing year and to fix his/their
remuneration.
f. Announcement of the names of the office-bearers elected for the
New Committee.
g. Any other business, notice of which may have been given to the
Secretary 10 clear days before the date fixed for the Annual General
Meeting, or such other business as may, with the prior permission of
the chair, be placed before the meeting.
36. The meetings of the General Body of the chamber, other than the
Annual General Meeting, shall be called Extraordinary General
Meetings and shall be held at such time and place as the Committee
may deem convenient for the disposal of the business of the chamber.
37. The committee shall upon requisition in writing by at least
one-tenth of the tatal number of members, convene an Extraordinary
General Meeting and such meetings shall be called within 30 days
from the date of receipt of such requisition and a notice of such a
meeting under the signature of the Secretary shall be circulated
among all the members for their information at least 21 days before
the date fixed for the meetings.
38. If the Secretary dose not proceed within 30 days form the date
of the requisition so made to cause a meting to be called, the
requisition or a majority of them may themselves call a meeting, but
in either case the meeting so called shall be held within three
months form the date of requisition. Every meeting so called by the
requisitionists shall be called in the same manner or as nearly as
possible in which the meetings are to be called bay the Secretary.
39. Any requisition for an Extraordinary meeting shall express the
object of the meeting and must be signed by the requisition and
shall be sent to the Secretary at the Registered Office of the
chamber by registered post acknowledgment due.
40. Every question submitted to a General Meeting shall be decided
by a majority of the members present and voting at such a meeting
provided that in the event of difference of opinion, on ordinary
resolution shall be deemed to have been adopted unless it has been
carried by the majority of the votes of members present in person or
by proxy and entitled to vote on such resolution.
41. Notwithstanding anything contained in Article 39 no special
resolution particularly concerning amendments to the Memorandum and
Articles of Chamber shall be deemed to have been carried unless it
has received to votes of three fourth majority of members.
42. One-fourth of the total members present shall form quorum for
the general meeting and no business shall be transacted at such
meeting unless there is a quorum.
43. At least 30 days notice for an Annual General Meeting intended
to pass ordinary resolutions and at least 21 days notice for an
extraordinary general meeting intended to pass special resolutions,
specifying the place date and hour of the meeting shall be
circulated to all the members, Non-receipt of such notice by any
member shall not invalidate the proceedings at such meetings.
44. The President shall preside over every General Meeting of the
chamber and in his absence the Senior Vice President and if both of
them be absent the Vice President shall preside over such meeting,
If the President the Senior Vice President of Vice President be not
present within 30 minutes of the time fixed for the meeting, the
members present may elect some one form among themselves to preside
over the meeting.
45. If within half an hour from the time appointed for an
extraordinary general meeting or annual general meeting the quorum
is not formed, the meeting, if convened upon requisition, shall be
dissolved, but in any other case it shall stand adjourned to the
same day in the next week at the sale time and place and no quorum
shall be necessary to transact business on the Agenda.
46. At any general meeting unless a poll is demanded by at least
four members, a declaration by the President that the resolution has
been carried, and an entry to that effect in the book of the
proceedings of the Chamber shall be conclusive evidence of the fact
without proof of the number or proportion of the votes recorder in
favour of or against the resolution.
47. If a poll is demanded in the manner aforesaid, the same shall be
taken in such manner as the President may direct and the result of
the poll shall be deemed to be result of the meeting at which the
poll was demanded.
48. In the case of an equality of votes, whether on a show of hands
or on a ballot, the President of the meeting at which the show of
hands take place or at which a ballot is demanded, shall exercise a
casting vote. This right of President shall not be used in the
meeting of Election of Office-bearers.
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49. The president may, with the consent of the members present,
adjourn the meeting from time to time and from place to place but no
business shall be transacted at any adjourned meeting other than
left unfinished at the meeting from which the adjournment took
place.
50. Minutes of the proceedings of all meetings of the Chamber shall
be recorded by the Secretary in a Minutes Book to be kept by him for
this purpose. This book shall be open o inspection by any member of
the Chamber at any reasonable time.
51. Every resolution duly passed at any general meeting shall be
binding upon all the members of the Chamber.
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52. POWERS AND RESPONSIBILITIES OF PRESIDENT, SENIOR VIDCE PRESIDENT
AND VICE PRESIDENT.
THE PRESIDENT
i) The president shall be the Chief Executive of the Chamber. He
shall, whenever possible preside over all meetings and lead all
deputations and delegations. In a General Meeting he may address the
members on such subject as he may deem necessary.
ii) He shall also perform such other duties as may be incidental to
his office, particularly of the following.
a) He will release statements to the press, Communicate with or
arrive at understanding with Government in relation to issues
affecting the welfare or prosperity of the members of the chamber;
b) He or his nominee will represent the chamber on all government
commissions, boards committees.
c) He will have the authority to write off any item upto the value
of Rs. 1000/- ( Rupees One Thousand Only ) expenditure on any one
item upto Rs. 2000/- out of the imprest account of Rs. 5000/- to be
maintained by the chamber, without the prior approval of the
committee. Expo facto approval of the committee will however be
obtained by him at the next meeting of the committee in respect of
all the expenditure exceeding Rs. 2000/- ;
d) All cheques will be signed jointly by any two out of the
president, Senior Vice President and Executive Committee member
authorized in this behalf.
53. SENIOR VICE PRESIDENT AND VICE PRESIDENT
In absence of the President, the Senior Vice President shall have
the power and shall perform the duties of the president. In the
absence of the president and the Senior Vice President, the Vice
President shall have the powers and shall perform the duties of the
president.
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54. SECRETARY
The Secretary, who shall be a regularly paid, whole-time employee of
the chamber, shall, subject to the supervision, control and orders
of the President, perform the following duties ;
a) To carry on and have charge of all correspondence of the chamber.
b) To have charge of all papers and documents, furniture and all
other properties, movable or immovable, belonging to the chamber.
c) To issue and give notice of all meetings of the chamber, its
Executive Committee and various committees.
d) To keep and maintain accurate minutes of the meetings of the
chamber, its Executive Committee and its various committees, and to
get the signature of the president or the Head of the Committee
concerned thereon.
e) To prepare the annual report of the chamber in consultation with
the Executive Committee as well as the reports of all Committees of
the chamber.
f) To circulate among office bearers and the Executive Committee the
minutes of its meetings and proceeding of various committee and
among member of the chamber the Annual Report, notice and
information intended for circulation.
g) To circulate removal, expulsion or resignation of any person,
firm or company as member of the chamber.
h) To notify all members of the impending elections.
i) To represent the chamber for all purposes whenever occasion
arises before the Court of Justice in any suit or proceedings
instituted by or against the chamber provided that he shall not be
competent to compromise any suit or proceedings without the sanction
of the committee.
j) To delegate any or all his function to any of the staff of the
chamber provided that he shall remain responsible to the Executive
Committee for all acts done on his behalf by such staff.
k) To maintain administration and disciplinary control over all
staff of the chamber in accordance with the rules and regulations
farmed in the behalf by the Executive Committee.
l) To collect all dues form the members of the chamber and grant
receipt thereof.
m) To ensure all payment on behalf of the chamber conformity with
the decision of the Executive Committee and keep as imprest account
of Rs. 5000/- for day to day expenses.
n) To incur expenditure on his own authority upto Rs. 110/- on any
single item.
o) To keep and maintain or cause to be kept and maintained accurate
accounts of the chamber and the funds connected with or in any way
controlled by it.
p) To do and perform all acts and deeds that he may expressly be
required to do by the Executive Committee and generally all such
deeds as are incidental to his office.
55. EMPLOYEES OF THE CHAMBER
a) The chamber will have various departments to deal with its
activities. Headed by regularly paid whole time officials, whose
emoluments and terms and conditions of service will be governed by
the rules and regulations farmed by the committee.
b) In the absence of the Secretary, one of the head of these
departments shall perform all or any of the duties of the secretary
unless it is otherwise decided by the committee.
56. ANNUAL REPORT
An annual report of the proceedings of the committee shall be
prepared and circulated for information of the members of the
chamber 30 days before the Annual General Meeting. Such report must
contain a statement of audited accounts for the year, shall be
submitted to the Annual General Meeting for confirmation and shall
be confirmed or otherwise dealt with or disposed of as the General
Meeting may determine.
57. FUNDS
The funds of the chamber shall be deposited with scheduled banks
approved by the committee, and all moneys of the chamber as and
received by the Secretary shall be paid into the Chamber accounts in
the Bank.
58. ACCOUNTS
i) The Secretary shall under the control of the Executive Committee
cause true account to be kept of the sums of money received and
expended by the chamber and the matter in respect of which such
receipt and expenditure take place and of all the assets and
liabilities of the chamber.
ii) The books of accounts and other documents shall be kept at the
Registered Office of the chamber
The Executive Committee shall form time to time determine whether
and to what extent and at what time and under what conditions and
regulations the account books and documents of the chamber of the
chamber shall be opened to the inspection by the members. No member
shall have any right of inspection any account book or document of
the chamber except as conferred by stature or authorized by the
committee or by a resolution of the chamber in a General Meeting.
iii) Account year of the Chamber will be closed on 30th june each
year and its financial statement duly audited by a chartered
Accounts along with a list of Members as on the 30th September shall
be furnished by Chamber to the Director, Trade Organization on or
before the 31st day of December, every year.
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59. AUDIT
i) Once the in every year the account of the chamber shall be
examined and the correctness of the Balance Sheet ascertained by one
or more auditor and auditors.
ii) The chamber at the Annual General Meeting in each year shall
appoint auditor or auditors to hold office until the Annual General
Meeting in the following year and shall fix his / their
remuneration, provided that the Executive Committee may fill up any
causal vacancy in the office of the auditor (s) and fix his / their
remuneration. The first auditors shall be appointed by the Executive
Committee.
iii) The duties of an auditor shall be regulated in accordance with
the section 252 to 262 of the Ordinance or any statutory
modifications thereof for the time being in force.
iv) Every account of the chamber when audited and approved by a
general meeting shall be conclusive, except as regard any error
discovered therein within three month after the approval thereof.
Wherever any such error is discovered within that period the account
forthwith be corrected and henceforth shall be conclusive.
v) The auditors(s) shall be entitled to receive notice of and to
attend ever general meeting of the chamber at which any account
which have be examined or reported by him or them are to be placed
before the members and may make any statements or explanation he or
they may desire with respect to the accounts.
60. SEAL
There shall be common seal for the chamber. The seal shall be
deposited with the Secretary and shall never be affixed to any
document except in the presence of the President, the Senior Vice
President or the Vice President and in pursuance of the resolution
of the Committee or of the chamber in general meeting. Deeds and
other documents shall be deemed to have been duly executed on behalf
of the chamber if sealed with the common seal of the chamber and
signed by the President, the Senior Vice President or the Vice
President and countersigned by the Secretary or the person acting as
Secretary.
61. ALTERATION IN RULES AND REGULATIONS
The foregoing rules and regulations shall be kept in a book to be
kept with the records of the chamber, printed copies of the same
will be supplied to all members and no alteration or addition shall
be made therein or thereto save and except by a resolution passed in
accordance with Article 1 at an Extraordinary Or Annual General
Meeting convened for the purpose by a notice issued at least 21 days
before the date of such meeting. Provided that additions and
alterations to there Articles shall be subject to the prior approval
of the Federal Government and shall also be made when required by
the Federal Government in public interest.
62. INTERPRETATION
Any dispute or difference of opinion in regard to the interpretation
or scope of application of these Articles which cannot be resolved
by the chamber, shall be referred for decision to the Director of
Trade Organizations appointed under the Trade Organization
Ordinance, 19561 ( XLV of, 1961 ) whose decision shall be binding on
the chamber, its Office-bearers and members.
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63. WINDING UP
The provisions of The Companies Ordinance 1984, as amended from time
to time, regarding the winding up of a company shall apply to the
winding up or dissolution of the chamber.
64. INDEMNITY
Every President, the Senior Vice President, the Vice President,
member of the committee, Secretary and other officer or servant of
the chamber shall be indemnified by the chamber against and it shall
be the duty of the committee to pay out of the funds of the chamber,
all costs, losses and expenses which any such officer or servant may
incur or become liable to by reason of any contract entered into, or
act or thing done by them as such officer or servant, or in any way
in the discharge of their duties including traveling expenses and
the amount for which such indemnity is provided shall immediately
attach as a lien on the property of the chamber and have priority
between the members over all claims.
65. No President, Senior Vice President, Vice President, Member of
the Committee, Secretary or other employees of the chamber shall be
liable for the acts, receipts, neglects or defaults of any receipt
of other act for conformity or for any loss or expenses happening to
the chamber through the insufficiency of title to any property
acquired by order of the committee for or on behalf of the chamber
or for the insufficiency or deficiency of any security in or upon
which any of the money of the Chamber shall be invested or for any
loss or damage arising from the bankruptcy, insolvency or tortuous
act of any person with whom any moneys, securities or effects shall
be deposited or for any loss occasioned by any error of judgment
oversight on his part, or for any other loss, damage or misfortune
whatever which shall happen in the execution of the duties of his
office or in relation thereto unless the same happen through his own
dishonesty or willful neglect.
We the several persons whose names and addresses are subscribed
hereto are desirous of being formed into an Association in pursuance
of these Articles of Association.
|
S. No |
Name & Address (Present & Former)
Father’s Name
(in Block Letters) |
Nationality with any former Nationality
& Occupation |
Address |
|
1. |
Mr. Akram Sultan
So. (Late) Haji
Mohammad Sultan |
Pakistani
Industrialist |
Sultan Centre 11, West Wharf Road,
Karachi |
|
2. |
Mr. Khaleequr Rehman
S/o. Sh. Zikur Rehman |
Pakistani
Industrialist |
2/13, Rehan Bldg, Islami Chowk,
Marrieot Road, Karachi. |
|
3. |
Mr. Mohammad Ali R. Habib
S/o. Rafiq M. Habib |
Pakistani
Industrialist |
4th Floor, Hirani Centre, I. I.
Chundriger Road, Karachi. |
|
4. |
Mr. Maqsood Ismail
S/o. Ismail Ahmed |
Pakistani
Industrialist |
20. Banglore Town, Shehrah-e-Faisal,
Karachi. |
|
5. |
Mr. Abdul Karim Yahya Bawany
S/o. Yahya Ahmed Bawany |
Pakistani
Industrialist |
3rd Flood Nadir House, I. I. Chundrigar
Road, Karachi. |
|
6. |
Mr. Shabbir Diwan
S/o. Pir Mohammad Diwan |
Pakistani
Industrialist |
8th Floor, Textile Plaza, M. A. Jinnah
Road, Karachi. |
|
7. |
Mr. Arif Dawood
S/o. Late Ali Mohammad Dawood |
Pakistani
Industrialist |
5th Floor, Cavish Court,
Shaeed-e-Millat, Shahrah-e-Faisal, Karachi. |
Dated the _______________ day of ____________19___
Witness to above signature
(Full Name, Father’s Hasband’s Name) Occupation Full Address
Signature
(in Block Letters)
|