Section A: MEMBERSHIP Article I: General Qualification: - 1. A person bearing a good character and good business & professional reputation. He/she should be in person directly involved in the business related to computer trading, sales/support, either in wholesale or retail and having its minimum turnover of Rs.5 Lacs per annum. He/she should have a proper access of internet and a valid & listed working email id as mandatory, at his/her place of business for getting eco-friendly paperless & fast communication, information and proceedings of the ACDWA. He/she should not have been involved in any criminal offense or should not have any such proceedings against him/her at any level of time. He/she should had not been terminated or expelled from this organization earlier due to any misconduct. His/her firm/company and place of business should have a valid registration certificate and number with the state taxation authorities and other necessary concerned departments. He/she should have his/her business established within the territorial limits of the city of Allahabad. 2. If a person, who was earlier a member of this organization and had discontinued the membership due to any personal reason or problems, can re-join the same. If he/she re-joins after THREE years excluding the year of re-joining, the admission fee alongwith the yearly subscription shall be payable, provided other pre-requisites for the membership are complied. Article II: Criteria:- 1. Application for new membership can be only be accepted between 1st April to 31st December. 2. The name of the prospective member should be proposed by an existing regular member of ACDWA alongwith the endorsement of THREE other members, in writing on the prescribed new member application form and should be submitted to the secretary. This shall not be applicable for a member who wants to re-join. In case of re-joining, the member has to pay the admission fee as prescribed alongwith the yearly membership charges. The secretary will then submit the application to the governing board in its next upcoming board meeting for its decision. The board has to ensure before making any decision, that the proposal complies the prerequisites as mentioned in Article I para 1 and requirements of the constitution of the association thereof. It is also to be ensured that the proposal is kept confidential. If the board disapproves the application on preliminary verification, then the proposer should be duly informed through the secretary, about its decision within ONE week from the date of board’s decision. If the board approves the application, then it has to be presented before the house in the next upcoming general meeting, for its approval or rejection. If any member raises objection for the new proposal with any valid reason which is justified and acceptable to the floor, then the proposal stands rejected. The secretary should inform the final decision to the proposer within a period of TEN working days, from the date of floor’s decision. 3. If the decision is in favour of the proposal, then the prospective member should be informed about the objectives, privileges and responsibilities of the membership. He/she has to give an undertaking in writing for the acceptance of the rules and regulations as prescribed in Section C. 4. The President with consent of every member can have a distinguished personality from any walk of life or profession as an honorary member, if he/she is beneficial for the association and members thereof. The said member has not be pay any admission and membership fee. The period of honorary membership shall be for ONE year only. The consent should be as per the minimum required quorum of the general meeting. It has to be ensured that the honorary member shall not have any voting rights and also cannot contest any election. Section B: ELECTION OF GOVERNING BOARD Article I: Nomination of Presiding Officer:- 1. At a regular meeting one month prior to the month of election, the members shall select ONE senior member as the presiding officer alongwith TWO other members to assist the presiding officer, thru voice vote. The eligibility of the candidate for presiding officer should be a sincere responsible member from floor, not holding any portfolio or office in that year. He/she should have a continuous and regular membership at least for a minimum of TEN years or prefebly a founder member, including the current year, with all dues & subscription paid. He/she should never be involved in any functional or financial irregularities or disputes in the organization. 2. The presiding officer shall be having TWO options for declaring the elections. Either, he/she can declare the date & proceedings of election before the adjournment of the meeting on the same day or by informing the members thru email within SEVEN days, from the date of preceding general meeting. Anyhow, the presiding officer has to ensure for a free and fair elections and the entire election process should be finished alongwith the results on or before 25th March. Article II: GUIDELINES FOR CANDIDATURE:- Para 1: PRESIDENT, VICE PRESIDENT, SECRETARY & JT. SECRETARY:- 1. Any member who has been a member of ACDWA for more than FIVE years, including the year in which he/she is contesting, with an average attendance of 90%, since at least last FOUR years, who had been actively associated with various organizational activities or holded any important portfolio like secretary, vice president or is having his business with nice goodwill gesture and market reputation for more than a period of three years. He/she should have a good back office setup, well located for easy access with internet facility, so as to be up-to-date with the latest happenings and proceedings and can be easily contacted. He/she should have not been involved earlier in any type irregularities in the organization. He/she should capable enough and confident of making all correspondence, posses quality of ethical leadership and have ability to address the house, press conferences, corporate meetings etc and can maintain the records. Para 2: TREASURE:- 1. In addition to pre-requisites in Article(II) Para (1) of Section (B), the member should have the knowledge of accounts and be enough capable of handling proper liaison with the bank. He/she should be a regular member for atleast THREE consecutive years, including the current year. Para 3: EXECUTIVE MEMBERS & MEDIA CO-ORDINATOR:- 2. In addition to pre-requisites in article (II) Para (1) of section (B), the member should have a good liaison with other members, press etc. as well as with people from other walks of life. He/she should be a regular member for atleast TWO consecutive years, including the current year. Article III: GUIDELINES FOR ELECTIONS:- 1. The presiding officer as per the schedule declared by him/her, shall ask for nominations by the members of ACDWA on a proper form as prescribed by him/her. He/she should ensure to have all the nomination forms being collected on or before the last date as declared. A fee of Rs.500/- has also to be collected from each candidate per form per post alongwith the submission of nomination form The annual subscription for the incoming year has to be submitted by each contestant, at the time of submission of his/her nomination form. One member can contest for maximum TWO posts at a time. A candidate can withdraw his nomination in accordance to guidelines as prescribed by the presiding officer. The fee shall not be refundable in any case. 2. The annual subscriptions as prescribed, of every member thereof, excluding any honorary member, has also to be deposited either by cheque or cash with the concurrent treasure before SEVEN days from the date of election. No such subscriptions shall be acceptable once the date of election is declared, under any circumstances. The presiding officer should not allow any such member to exercise his/her voting right if the subscriptions for the incoming year are not paid on time. The concurrent treasure shall submit the updated subscription status of each member to the presiding officer at least THREE days before the date of commencement of election. 3. The presiding officer has to keep all nomination forms undisclosed and secured until they are well scrutinized, validated and duly categorized by his team, before they are finally being hosted on the ACDWA’s official website for the information of members. The presiding officer has the full authority to reject the application form of any candidate which is incomplete, having any wrong information or due to any valid reason, whatsoever it may be, before the finalization of the contestants list. In this case also, they election fee of that contestant shall not be refundable. 4. The final list of the nominated members being endorsed by the presiding officer shall be categorically placed on the ballot. Each such ballot has to be duly signed by the presiding officer and his team members. All the ballots are then to be kept in a sealed box which will be kept under the responsibility and possession of the presiding officer. It will be only opened on the date of final election in front of the general house, after the president hands over the election process for its execution to the presiding officer. No fresh nomination whatsoever will be entertained or admitted at that time. 5. Canvassing by a candidate is only permissible by means of phone call, SMS, personal approach and contacts. Use of any media, posters, hiring of any campaigning agency or any other method thereof, is extensively prohibited. If any candidate violates the same, the presiding officer, if convinced for the same, shall immediately disqualify his/her candidature for all the post(s), the candidate has filed for the entire election process. Anyhow, that candidate shall be allowed to vote. 6. The presiding officer shall provide the opportunity to every contestant, before calling the final voting process, to address his/her views, expectations and plans, to the general house, to a maximum time span of THREE minutes per contestant. 7. The presiding officer will get conducted the final balloting. Voting of one ballot at a time shall be conducted. During the process of voting, if any member is found in creating problems or creates any hindrance in conducting the voting process due to any reason whatsoever, the presiding officer has the full power to disqualify that member to exercise his voting right for the entire election process thereof. In case if that member has already exercised his/her vote right, then in this case his/her ballot will be treated as cancelled and unaccounted. It will be the duty of presiding officer and his/her team to check the validity for voting of every member before calling the process of voting. All the members including the new member, who were inducted on or before 31st December of the current year, with all previous dues cleared, are only entitled to vote for the elections of the incoming team. If any member is having on records any pending disciplinary action against him/her by the board of ACDWA on the date of election, shall not be permitted to exercise his/her voting right on that particular occasion. 8. Each member has to be present in the election in person only, as per norm of ONE FIRM – ONE PERSON – ONE VOTE. If, in case he/she is unable to attend the same, he/she can authorize about his/her proxy voter in writing on his/her firms/company’s letter pad, with the attested signature of the proxy voter, before the presiding officer begins the process of voting. Once the voting begins, then the presiding officer is not entitled to accept any proxies or alterations thereof. 9. If in case there is no contestant for any particular post, maximum for TWO, then the presiding officer has the power to authorize the incoming president, duly elected or selected by the house to select any member of his choice from the floor for such respective portfolio(s), provided it has to be ensured that the particular member fulfills the pre-requisites for candidature (refer section B). This process can only be adopted, once the election results are being declared to the house by the presiding officer. The incoming president and the presiding officer should also ensure that such member should not have contested for any portfolio during the current election. 10. The presiding officer will declare the results of all the elected incoming board officers to the general house. If any contestant raises any objection or clarification, the presiding officer shall exercise his powers to satisfy the same immediately. The physical records of the elections conducted should be handed over to the incoming secretary, duly sealed and endorsed by the presiding officer and his team. The incoming secretary has to safeguard the same for a period of THREE months, concluding from the date of election. 11. The entire incoming team has to be informed to every member of ACDWA latest by 31st March, by the presiding officer or the outgoing secretary via email as well as the same should be hosted on the official website of ACDWA. 12. The incoming president will address the house and will give vote of thanks before the meeting is adjourned. 13. The president in consent with the governing board can form various committees involving members from the house as and when required, so that the powers may be delegated and the board can be set free for executing the other responsibilities. Such committees shall be assigned various tasks in accordance from time to time which will be executed under the supervision of the president and the governing board. Section C: GENERAL GOVERNING RULES FOR ACDWA 1. Every member- means a sole representative of his/her firm/establishment, shall be governed by the rules as being described in the various chapters of the ACDWA rules and regulations. It should be noted that a member of the governing board is primarily a member and then an office holder. 2. Each member should have an average of 75% of attendance in a year. If any member is having attendance below the required percentage in the preceding year, he/she shall not be eligible for contesting any elections or holding any portfolio, thereof. It will be only considered if that member has a valid and a genuine reason, which is beyond control of human being. If any member fails to attend FOUR consecutive meetings, the governing board has full right to take disciplinary action against such member. However, this shall not be applicable for an honorary member or if he/she has already being granted leave of absence as per clause (26) of section (C). 3. If there is any default of payment of any member to ACDWA, a fine of Rs.250/- per instance alongwith the payable amount has to be paid in cash only. The same clause shall be applicable to all business transactions made within the members of ACDWA. In case, if any member fails to comply for THREE times consecutively, the same can be willingly informed to ACDWA thru any of the governing board member(s), so that other members are cautioned in making any transactions with the defaulter member. If any dispute arises between the member(s) in this regard, after the date of notification of the defaulter, then such complaints shall not be entertained by ACDWA. It will be the self responsibility of that member, who had executed the business transaction thereafter. 4. The meeting notices shall be circulated thru email only and not in any form of hard copy, until and unless it is required. All necessary information(s) will also be available on the website of ACDWA i.e. www.acdwa.com. Members can access website to get all information(s). No excuse whatsoever may be in this regard shall be entertained from any member thereof about non receipt of any message or informations, being sent by the board officers from time to time. It has to be ensured by the governing board that every member has to be informed for any meeting atleast TWO days before the date of commencement of the meeting. Anyhow, this shall not be applicable for any emergency or urgent meeting called thereof for any important purpose. 5. If resignation of any member from the primary membership is accepted by the board, at any period of time, the subscription for the remaining period shall be forfeited by ACDWA. 6. It shall be the duty of every member to collect the membership certificate from the secretary, after they are prepared. The board has to ensure that the certificates are delivered to every member latest by 15 th May. It is mandatory for every member to display the certificate at his/her business premises at a prime place. Non compliance of the same shall bind the board to take disciplinary action against that member. A fine of Rs.250/- has to be paid by the concerned member for violating the same per occasion. If any member looses the certificate, a duplicate certificate can be obtained upon payment of Rs.200/- per instance. 7. Every member is required to be present at the meeting venue as notified earlier, TEN minutes before the time specified. Once the meeting is called to order, then the attendance of all the members not present on the floor, shall be duly marked as absent by the Jt. Secretary. If any member is unable to attend the meeting whatsoever the reason may be, he/she has to inform any of the board officers, at least TWO days, prior to the date of meeting, so that the arrangements can be made accordingly. 8. Every member shall carry his/her membership identity card in all meetings or any event being organized by ACDWA. If any member fails to do so, he/she will not be allowed to attend the same on that occasion. 9. If the meeting is disturbed or interrupted due to misconduct of any member, he/she shall be not allowed to attend the meeting by the sole discretion of the president on that occasion. 10. ACDWA is a non profit organization being formed for the welfare and upliftment of its members. It is a common platform for helping every member to resolve their day to day problems i.e. to say among the members or with a customer and other various issues related to business. This organization therefore holds no responsibility in respect to any type of financial obligations or commitments to any member which is not in purview of this organization. 11. If any member wants to organize a dealer meet in accordance with its principles, he/she has to inform the ACDWA's secretary for the same atleast THREE days before the date of that meet. It shall be the member’s self decision to invite the number of members. In case, if any meet is being organized jointly with ACDWA, then all the members are to be invited on the occasion. 12. If any member carries out any type of misconduct which directly or indirectly affects the image of ACDWA or its any of the member, keeping in view the depth of the offence, the president and the governing board has full rights to take disciplinary action against that member even to the extent of canceling or terminating his/her membership with immediate effect In this case no refunds of any subscription for remaining period shall be made. No claim(s), if any shall be payable to that member on or after the date of final termination of his/her membership. In case, if the member has been expelled from ACDWA or the membership has been terminated, whatsoever the reason may be, he/she cannot apply for re-joining or by fresh proposal for atleast a period of THREE years, excluding the year of termination. 13. In case, if the membership of a member has been terminated from ACDWA due to any reason whatsoever may be, such member can appeal to the governing board with valid reason thru the secretary in writing, within a period of TEN days, from the date of award of termination. If the matter is not solved by the governing board, then it shall be tabled for consideration by the house in the very next upcoming general meeting. 14. The governing board shall exercise its powers to re-scrutinize the case within FIFTEEN days, from the date of receipt of appeal application. The board has to ensure that the membership of such member can only be re-instated as per the specified guidelines in a general meeting or a meeting specially called upon for the purpose. However, the decision of the general house shall be final in all respects. 15. If any member supports the piracy of software(s) and violates the copyright laws in his place of business, he/she shall be responsible in person if any legal action is taken by any department, organization or any company. The ACDWA has no role to support in this case to any of its members. The customers demand for installing or supplying of any illegal copy of any software(s) should not be fulfilled by the member at any cost. 16. The members have to check that every new system(s) whether branded or assembled, should only be delivered to the customer after he/she has endorsed the acceptance of the service book. If the concerned member fails to do so, any dispute arising out of this deal, then the member has to resolve it on his/her own, as ACDWA will have no concern and interference for the same in that case. 17. Members shall put all the mobile phone(s) onto silent mode before the meeting is called to order. If any member violates the same, the president has the sole authority to take disciplinary action. 18. If a member wants to register any complaint(s) against any member in relation to any business transaction or discrepancies with any dealer, company or any customer, it has to be submitted in writing to the secretary, which will be duly tabled by him/her before the board. The governing board shall verify the validity of the application accordingly and will ask the concerned committee (refer clause (22) of section (C)), to make the analysis and conclusion of the mentioned complaint. A fee of Rs.250/- (non-refundable) per application shall be payable alongwith with the application. Documentary evidence(s) for the same should be duly attached and every such document should be self endorsed by the applicant. Application without proper document(s) shall not be entertained and will be treated as rejected. A revised application for the same can be submitted by member once within THREE working days, from the date of rejection of the previous application without any re-payment of the application fee for the same case. 19. If any member wants to make any suggestion or have any issue in general for discussion in the upcoming general meeting, it has to be submitted in writing to the secretary or any of the governing board member atleast TWO days before the date of commencement of the meeting. The same shall be tabled in the general meeting under meeting agenda “ANY OTHER SUGGESTION OR ISSUE”, if it is found valid and relevant. It has to be ensured by the board that issue(s) as per clause (19) of section (C) should not be accepted for discussion under the said section of the meeting agenda. 20. If a staff of any member leaves the job, it has to be informed to the secretary immediately for the same with the specific reason by the concerned member. The secretary will inform all the members accordingly. It will safeguard the other members in case if that staff applies for the job at any other member’s establishment. In case if that particular staff applies for a job with any other organization or company, he/she has to provide a NO OBJECTION CERTIFICATE (NOC) from his/her previous employer. If case if any member employee that staff without NOC, he/she has to pay a fine of Rs.750/- alongwith a written explanation within ONE week for doing so. The governing board has full right to take disciplinary action against such member if the same is not provided. 21. The governing board has to form a CORE COMMITTEE consisting of atleast THREE senior members from the general house, which will work under the supervision of the governing board in scrutinizing and analyzing the complaint(s), being submitted by the respective members. The committee will submit its report to the president about the relevancy of that complaint. The board will then take the necessary decision and action accordingly. It has to be ensured by the president that it does not take more than THIRTY days, from the date of receipt of complaint(s), in awarding its decision. The final decision of the board shall be acceptable to the concerned member. In case, if the decision is not acceptable to the concerned member, he/she has to produce relevant proof for the same within TWO days from the date of award of decision. The board has to check the relevance and validity of the proof. If it is unjustified, such complaint has to be quashed and the previous award shall stand valid. The concerned member has to make a written undertaking for the acceptance of the award. When feasible, the same members, with their written con can be appointed to the same committee for THREE consecutive years to ensure consistency. Any of the appointed committee member will not contest election for any portfolio throughout the term of the committee. 22. The president in consent with the governing board has the power to form ad hoc committees as and when required, without any approval of the general house. Each committee shall transact its duty as is delegated as per the rules. Such committees shall not have any sole power to take any decision until a report has been made and approved by the governing board. The president shall be the ex officio a member of all such committees. 23. The quorum required for making any amendments or resolutions in any general meeting shall be two third of the total membership. The same shall be applicable for the board meetings also. 24. It will the moral duty of every member to display any important public information, guidelines or rules for customers being provided by ACDWA from time to time, at his/her premises which should be properly visible. 25. If any member wants to apply for the leave of absence for a specific length of time, he/she has to give in writing to the secretary, setting forth with good and sufficient cause. The leave of absence may be granted excusing the member from attending the meetings for that length of time. The board has to ensure that before making any decision the applicant fulfills the other specified parameters and validity of the cause. In this case the subscription fee for the balance period shall not be refunded nor will it be credited for the next term. This leave of absence will operate to prevent the forfeiture of his/her membership and will not be terminated till the specified length of time. 26. The governing board have the option of getting published all the necessary decisions or any information of public interest through the leading newspapers, emails, other media etc. It has to be ensured that it should not affect the image of neither any member nor ACDWA, directly or indirectly. 27. No member shall use the name and logo of ACDWA in any form for the use of any personal or business activities or promotions, without any written permission from the governing board. The governing board shall have the full powers to take action against the defaulter member as prescribed in clause (12) of section (C). 28. Prior to beginning of each fiscal year, the governing board shall prepare a budget of estimated income and expenditure of the year, which shall stand as the limit of expenditures for these purposes, unless or otherwise ordered by the action of the board. The budget has to be presented before the general house by the treasure in the very first general body meeting for discussion and approval. If the house makes no objection, the same shall be treated as accepted by the members. 29. If any meeting is being cancelled or postponed or pre-poned at any moment of the time whatsoever the reason may be, the information in this regard should be informed to all members immediately by the governing board as per clause (17) of section (C). 30. All the payments received for advertisements of any type on the website of ACDWA, shall be utilized for the upliftment of the members of ACDWA only. Anyone can advertise on the official ACDWA website, provided that the advertisement should not be of any restricted type or which is not acceptable to public. 31. The prescribed order of business of a general meeting shall be as:- 1. Meeting called to order by any executive member 2. Introduction of Visitor(s), if any, by any member from floor 3. Minutes of last general meeting to be read by secretary 4. Decisions/Suggestions made in last Board meeting by president 5. Reports, Announcements or discussion for any complaints by president 6. Any unfinished business during previous meeting 7. Any information in general for members by president 8. Any other suggestion or issue(s) 9. Presidents address to the house 10. Secretary’s announcement(s) 11. Adjournment 32. These governing rules shall be applicable for every member and it is therefore ensured and trusted that the members will follow the same. These governing bylaws may be amended at any regular general meeting provide the specified quorum of the general house being present. The governing board has to ensure that the proposed amendment(s) are being informed to each member thru the specified mode of communication as per clause (17) of section (C), atleast TEN days before the date of general meeting, for their views and suggestions. No amendment can be made which is not in harmony with the prescribed rules and regulations of ACDWA. DECLARATION THE ABOVE GENERAL RULES & REGULATIIONS FOR THE MEMBERS OF ACDWA, PROPOSED BEFORE THE GENERAL HOUSE, IN THE GENERAL BODY MEETING HELD ON THE DAY SUNDAY DATE 16th MONTH DECEMBER YEAR 2008 ,ARE BEING DULY ACCEPTABLE TO EVERY MEMBER. AN UNDERTAKING IS HEREBY GIVEN BY EVERY MEMBER TO ABIDE THE RULES & REGULATIONS AND ENJOY ALL THE PRIVILEDGES OF ACDWA AND SHALL BE SELF RESPONSIBLE FOR ANY ACTION/DECISION AGAINST THEM FOR ANY VIOLATION(S) AS PER THE PROVISIONS MENTIONED THEREOF.
Pages to are hidden for
"MEMBERSHIP"Please download to view full document