UPKAS CONSTITUTION


UTTAR PRADESH KAR ADHIVAKTA SANGTHAN
MEMORANDUM AND ARITCLES OF ASSOCIATION (Amended)

MEMORANDUM & ARTICLES OF ASSOCIATION

1  NAME :
The Association shall be called “UTTAR PRADESH KAR ADHIVAKTA SANGTHAN”.
2  ADDRESS :
The Registered Office of the Association was at 7 Devender Puri, Near Naka Gurudwara Bans Mandi, Lucknow-226004. Now the office has been shifted from 20/02/2020 at “66, I. T. Colony Woter Works Road, Aishbagh, Lucknow-226004” (Post & Tehsil Lucknow) or at the any other place at Lucknow within the state of Uttar Pradesh.
3  AREA OF OPERATION :
The area of working of the Association shall be in the territory of Uttar Pradesh, and National Capital Region of Uttar Pradesh.
4  OBJECTS :
The objects of the association are :
(a) To promote the development of legal science and studies and to watch legislation for the purpose of assisting in the progress of sound legislation with special reference to direct and indirect taxation.
(b) To safeguard and promote the interest of the legal profession and its members in general and for the members of the Association in particular.
(c) To promote a high professional tone, standard and conduct amongst the members of the legal profession and to check unprofessional practices.
(d) To maintain a library of concerned/ relevant legal literature of direct and indirect taxation and of other subjects likely to be useful to the members of the Association.
(e) To provide a meeting place for the members of the Association particularly for study and discussion of law.
(f) To bring to the notice of the Bar Council, State or Central Govt., The High Court, The Hon’ble Supreme Court, Matters affecting legal profession in general and the members of the association in particular.
(g) To prepare and implement schemes for Advocates of its member associations for giving assistance to members of their families in distressed circumstances.
(h) To protect the independence, unity and autonomy of the Bar Association under the Advocates Act.
(i) To safeguard the rights, privileges and interest of Advocates of its Bar Association Members.
(j) To promote the growth of Advocates of Member Associations for the purpose of effective implementation of the welfare scheme framed by the UTTAR PRADESH KAR ADHIVAKTA SANGTHAN, Bar Council of U.P. as well as State Govt. of U.P.
(k) To promote and support law reforms to conduct seminars, workshop and organize talks of legal topics by eminent jurists and public generals and papers of legal interest.
(l) To provide legal aid to poor in prescribed manner, and to manage funds to fulfill the requirement for organizing such aid, arrangements to be made by the UTTAR PRADESH KAR ADHIVAKTA SANGTHAN.
(m) To protect constitution and law of the land.
(n) To protect constitution and law of the land.(n) To do all such acts or deeds or take such steps as might be necessary for the well being of the association, or for the fulfillment of these objects.
5  DEFINITION :
Unless to the context otherwise require in this by laws :
(a)  Association :
An Association shall mean Tax Bar Association or an Association of Tax Advocates located within the state of Uttar Pradesh, which has been recognized and registered with Registrar firms, societies and Chits of U.P. under society Registration Act 1860.
(b)  Member Association :
A member Association shall mean Tax Bar Association or Bar Association (by whatever name called) Located within the state of Uttar Pradesh, which has been recognized as a Member to UTTAR PRADESH KAR ADHIVAKTA SANGTHAN and affiliated with BAR COUNCIL OF U.P. in accordance with the Rule Framed by State Bar Council and registered with Registrar Firms, Societies and Chits of U. P. under societies Registration Act 1860.
(c)  Elders Committee :
Means a committee the composition of which is mentioned in by laws no. 15.
(d)  General Body :
Means a body/committee the composition of which is mentioned in by laws no. 16(a).
(e)  Executive Body : 
Means a body/committee the composition of which is mentioned in by laws no. 16(b).
(f)  Office Bearers :
The Association shall have the following office bearers who shall be elected /nominated after every three years in the Annual General Meeting election.
1)    President,
2)    Four (04) Vice Presidents,
3)    General Secretary,
4)    Co-ordinator,
5)    Four Joint Secretaries,
6)    Treasurer,
7)    Twenty Five Executive Members,
8)    Five Co-opted Executive Members,
9)    Immediate Past President and General Secretary shall be ex-officio members of the Executive Committee,
10)  Five Elders committee Members,
11)  Five Founder Committee members.

(g)  Qualification of the Office Bearers :
(a)   President : Any member of any member association or a founder member of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN having rendered at least 25 years of regular and active practice as Tax Professional in court/quasi judicial court shall be eligible to contest for the post of President.
(b)    Four Vice President : any member of any member association of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN or a Founder Member having rendered atleast 15 years of regular and active practice as tax professional in the court/quasi judicial court shall be eligible to contest for the post of Vice President.
(c)    General Secretary : The President shall nominate General Secretary having rendered more than 15 years of regular and active practice as Tax professional in the court/quasi judicial courts shall be eligible for nomination without election.
(d)    Co-ordinator : The President shall nominate coordinator from founder member or a member of any member association of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN having rendered not less than five years of regular / active practice as Tax Professional in the court / quashi judicial court.
(e)    Four Joint Secretaries : Any member of any member association of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN having rendered not less than 5 years of regular and active practice as Tax Professional in the Court/quasi judicial courts shall be eligible to contest for the post of Joint Secretary.
(f)    Treasurer : The President shall nominate any member of member association of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN or from founder members having rendered more than 10 years of regular and active practice in the Court / quasi judicial courts as Treasurer for the office term without election.
6  TERM OF OFFICE :
The Registered Office of the Association was at 7 Devender Puri, Near Naka Gurudwara Bans Mandi, Lucknow-226004. Now the office has been shifted from 20/02/2020 at “66, I. T. Colony Woter Works Road, Aishbagh, Lucknow-226004” (Post & Tehsil Lucknow) or at the any other place at Lucknow within the state of Uttar Pradesh.
7  ACCOUNTING YEAR :
The Association shall follow the Financial year commencing from 1st April and ending on 31st March every year as its official accounting year.
8  WELFARE SCHEME ;
Welfare Scheme shall mean any scheme framed under any law for the time being in force to provide financial, pecuniary or any other material help, by whatever name called, to an advocate member or member association of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN and on his death to a person entitled under law of the land.
9  MEMBERSHIP :
(a)    Subject to the rules hereinafter contained a Tax Bar Association/ An Association of Advocates (by whatever named called) of Uttar Pradesh can obtain the membership of the Association, called the UTTAR PRADESH KAR ADHIVAKTA SANGTHAN .
(b)    Any Association of Tax Advocates (by whatever name called) Registered under the societies Act (XXI of 1860) can apply in the prescribed form to the General Secretary of the UTTAR PRADESH KAR ADHIVAKTA SANGTHAN for Membership.
(c)    Applicant Bar associations of U. P. shall pay Rs. 1100/- as Admission fee /Affiliation fee ( fee decided from time to time) along with the resolution of the said Association and the list of the members with complete address, phone/ mobile numbers and email-id.
(d)    On receipt of the application alongwith Admission/ Affiliation fee for membership of the Association, the General Secretary may enroll the applicant association as a provisional member of the Association subject to approval by the Executive Committee. Provided, if the applicant Association is in addition to the already members of the existing member association in a town, then the General Secretary shall make all necessary enquires, as necessary in consultation with the Executive Committee and the existing Members Associations of the UTTAR PRADESH KAR ADHIVAKTA SANGTHANTHAN to enroll such association as member Association, and shall issue a certificate of enrollment after the consent of the House.
10  SUBSCRIPTION :
(a)    The Annual subscription shall be paid by the Member Associations, Elected, nominated and co-opted Executive Members, and office bearers of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN.
(b)    All the Member Associations, Executive Members, co-opted members, nominated members and office bearers of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN shall pay to the Treasurer Annual Subscription as under mentioned or as amended from time to time.
(1)    Member Association Rs.1000.00 per Accts year.
(2)    Executive Members Rs.500.00 per Accts. year.
(3)    Co-opted / Nominated Members Rs. 500.00 per Accts. Year.
(4)    Co-opted/Nominated Members Rs. 500/ per Accts. Year.
(c)    The Annual Subscription of the membership shall be payable by the respective Member associations, Executive members, Co-opted members, nominated members and Office bearers before 30th June of the accounting year.
11  ARREARS OF SUBSCRIPTION :
That on the recommendation of Treasurer /Secretary the membership of the Member Association who is in default for payment of subscription for more than two financial years shall be liable to termination by the Executive Committee of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN provided, that before terminating the membership one month notice in writing shall be given to President/General Secretary/Secretary of such member association by General Secretary of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN.
12  REGISTER OFMEMBERS :
A register shall be kept containing the names and address of the Founder Members, Member Associations, Elder committee members, Office bearers, Executive members wherein all changes in membership are taken from time to time shall be recorded.
13  FOUNDER MEMBERS :
Founder Members means the members who are mentioned in by-laws no. 17 and all the 31 names written hereinafter will always be deemed and called Founder Members of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN who had joined hands to constitute this Association to serve for the welfare of the Advocates.
14  HONORARY MEMBERS :
Being or having been a member of the legal profession who, because of his distinguished achievement or service to the cause of law or the legal profession to UTTAR PRADESH KAR ADHIVAKTA SANGTHAN shall be co-opted by the Executive Committee three Honorary Members.
15  ELDERS COMMITTEE :
Any 5 Founder Members nominated by rotation from and amongst founder members with their mutual consent in recognition of their meritorious services to the profession and being founder of this association or for their outstanding position, or for any other good reasons may be admitted by the Executive Committee of the Association as Elders committee Member, in the event of founder members remains less than five in numbers due to death of founder members, in- capacitable or left the association then executive committee shall co-opt member or members of any member association of having rendered practice of not less than 25 years to complete the numbers of elders committee of five members. These members shall enjoy the same privileges as Executive members of Association till the expiry of the term of the Executive Committee.
16  GENERAL BODY :
(a)  All the Member Associations on the roll of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN, Founder Members, Elders Committee Members, Member of the Executive committee and Office Bearers shall constitute the General body of Association.
In the meeting of the General Body the members Association shall be represented only through their delegates, and each delegate shall have the right to one vote.
(b)  Executive Committee :  Executive Body shall mean the Executive committee created by the General Body under the rules and regulations of this constitution for the management and conduct of the affairs of the Association named UTTAR PRADESH KAR ADHIVAKTA SANGTHAN. The Executive committee/Executive Body of the Association which is entrusted with the management of its affairs, shall comprise of the following members.
(1)  President,
(2)  Four Vice Presidents,
(3)  General Secretary,
(4)  Co-ordinator,
(5)  Four Joint Secretaries,
(6)  Treasurer,
(7)  Twenty Five Executive Members,
(8)  Five Co-opted Executive Members,
(9)  Immediate Past President and General Secretary shall be ex-officio members of the Executive Committee,
(10)  Five Elders committee Members,
(11)  Five Founder Committee members,
17  FOUNDER MEMBER :
Under mentioned Advocates have joined hands and contributed Rs. 5000/-(Rupees Five thousand) each and given their consent by signing this memorandum and articles of association to serve the advocates socially and academically will always be deemed founder members of this association.
NAME & ADDRESS OF FOUNDER MEMBERS :
(1) Advocate Ajay Kumar Agarwal, r/o E-1200 Rajendera Nagar, Bareilly; (2) Advocate Amit Kumar Garg, Dadua Bazar, Station Road, Gonda; (3) Advocate Anand Shankar Sharma, G-10A, Nath Complex Dhakran Crossing, Agra 282001; (4) Advocate Anil Kumar Chandnani, 2C,/3129 near Purana Post Office Gali Gill Colony, Saharanpur-247001; (5) Advocate Alok Kumar Yadav, B-285, Sector Alpha-I Greater Noida-201307; (6) Advocate Arvind Bansal Raja Ram Patti Gali Ganga Singh 169, Dhaulee Pyau-2 Chungi Gali Kotwali Mathura; (7) Advocate Ashok Kumar Agarwal, 7 Devender Puri, Near Naka Gurudwara, Bans Mandi Lucknow-226004; (8) Advocate Atul Kumar Agarwal, 104, Sahukara Pilibhit-262001; (9) Advocate Brijmandir Das Jain, “Aanchal” 41 Nehru Road, Meerut; (10) Advocate Ghufran Majid, Friends Enclave, 19 Civil Lines Opp. Dr. Shah Nursing Home, Near Wilsonia College Moradabad 244001; (11) Advocate Gyanesh Kumar Kansal, Kamla Market Rasal Ganj Aligarh. 202001; (12) Advocate Harsh Kumar Sharma, “SHAPATH” Swarg Ashram Road, Hapur-245101; (**13) Advocate Jagdish Capoor, 244, /197,Colonel Ganj Opp. Anand Bhawan Motilal Nehru Nagar Allahabad, (Membership Ceased on Natural Death DT 29 SEP 2017); (14) Advocate Jai Prakash Gupta, 904,A Aurangabad Part III Kekhra , Distt. Baghpat; (15) Advocate Jitendra Singh, House No. 77, Mohalla Chandiyana Distt. Fatehpur; (16) Advocate Kapil Pathak, 571, Amar Maya Enclave Bulandshahr; (17) Advocate Kamta Prasad Chaturvedi, 71/1 Hadi Ganj-Chowk Partapgarh; (18) Advocate Narendra Kumar Arora, 219, South Civil Lines, Muzaffarnagar-251002; (19) Advocate Nitin Yadav, House N0. 75, Shakti Khand-I, Indrapurm Ghaziabad 201014; (20) Advocate Prem Sunder Upadhyay, I-154, Govind Puram Ghaziabad; (21) Advocate Raju Rastogi, Near Kalki Vishnu Temple, Kot East Sambhal-244302; (22) Advocate Ram Kishan Tewari, 135 Betiya Ahata , Hanuman Mandir Gorakhpur; (23) Advocate Rajpal Yadav; A-19 Panchsheel Colony, Lal Kuan, Chipiayana, G B Nagar 201301; (24) Advocate Rakesh Kumar Verma, House No.A-56, Near Old Power House Daya Puri, Modinagar-201204; (25) Advocate Rameshwar Rai, R-19, Rash Bahar colony Sipri Bazar Jhansi; (26) Advocate Shrawan Kumar Gaur, 165/A, Mohalla Peeranpur, Fatehpur 212601; (27) Advocate Sanjay Kumar Singhal, 704 Sanjay Marg, Patel Nagar Muzaffarnagar City.251002; (28) Advocate Udai Singh, 700 R.K. Puram Shipra Hotel Lane, Bulandshar- 203001; (29) Advocate Vipin Kumar Agarwal, 167,Guru Nanak Nagar Extn. Near Sonkh Adda, Mathura-281001; (30) Advocate Viswa Nath Mishra, 218, Karanpur, Near Roadways Sadar Pratapgarh-230001; and (31) Advocate Virendra Kumar Jain, C-74 Ekta Nagar Bareilly-243122.
That no other founder member will be added hereinafter except the above mentioned.
Five founder member/five elders member will be selected / nominated by the then standing Executive Committee as Executive members/ Elders committee members for the Executive Committee from the above mentioned founder members.
18  POWER AND DUTIES OF THE GENERAL BODY :
(a)    The General Body shall lay down policies and programmes of the Association to be carried out by the Executive Committee.
(b)    The General body shall elect an Executive Committee to carry on the policies and programmes of the Association and also implement its objects and manage its affairs and activities.
(c)   The General Body shall meet at least once in a year but not later than 18 months from the date of the last Annual General Meeting.
# Inserted
(c)(i)  The General body shall have Power to take disciplinary action against any member/members including Founder member, Office Bearers,Executive Members and any Member Association / Associations , who act against the working of Uttar Pradesh Kar Adhivakta Sangthan(Regd.),Lucknow and do any wrong full act to degrade dignity of any office bearer or Member Association.The General body may terminate the membership of such member including Founder Member, Office Bearers,Executive Members and any Member Association / Associations.

 Provided the notice shall be served before termination to such member. The disciplinary action shall be taken by General Secretary after serving notice and Providing the report which shall be placed before Executive Committee and on Recommendation of Executive Committee the matter shall be referred to the General body for termination.
(d)    Annual General Meeting : The Annual General meeting shall be hold at such place and time to consider such agenda as may be determined by the Executive Committee ,elder members committee, office bearers, Executive members and sub committees, every year on a date fix by the Executive Committee. Notice of meeting shall be issued atleast a month before the date of the Annual General Meeting.
(e)    Business at the Annual General Meeting : The business to be transacted at the Annual General meeting shall be the presentation of the report of the General Secretary.
(i)    Passing of the Annual Audited Accounts,
(ii)   Preparation and sanction of the budget for the ensuing year,
(iii)  The election, if due, of the Executive Committee (Excluding the General Secretary and Treasurer),
(iv)  Adopt such resolutions as might be brought forward for Guiding the activities of the association or its sub
committees,
(v)   To amend rules and regulations duly recommended by the Executive committee and any other matter with the Permission of the chair.
(vi)   Appoint the Auditor for the ensuring year.
19   POWER AND DUTIES OF THE EXECUTIVE COMMITTEE:
(a)    The Executive Committee would have the powers to co-opt any person (not exceeding five in numbers) besides five founder and Elders Committee members till the terms of the Standing Committee, as a member of a Executive committee, if it considers such person for rendering meritorious services to the association in view of the status, eminence and academic for public careers of such person.
(b)    The President in consultation with General Secretary may co-opt three Executive Members from past presidents and from past General Secretaries till the term of standing executive committee.
(c)   (Membership of the Executive Committee member or any office bearers or member co-opted shall be ceased if he is no more member of that member associations from which he is elected or nominated during the term of the standing executive committee.
Without prejudice to the General power conferred on Executive Committee by the foregoing rules the Executive committee shall have the following further powers :
(d)    Executive Committee shall be responsible for the safe custody of the property and assets of the association and proper investment of its funds, make arrangements for the maintenance and up-keeping of the Head Office at Lucknow with library for its proper use by the Members.
(e)    To appoint sub-committee to advise and assist the Executive Members. Such sub- committee may be standing to the temporary or for Special purposes as the Executive committee may determine. The standing sub-committees shall be namely constitutional sub-committee, Acts and Rules sub-committee, Action and co-ordination, Publicity and Public Relations sub-committee.
(f)    To control the use of accommodation available to the UTTAR PRADESH KAR ADHIVAKTA SANGTHAN.
(g)    The Executive Committee, shall have all the powers to acquire any moveable and immovable properties for the benefit of the Association and no property shall be sold or transferred unless approved by the General Body except the moveable property upto the value of Rs. 10000/-(Rupees Ten thousand ) or Amount as decided by the Executive Committee from time to time which may be sold or transferred by the Executive committee, through General Secretary Executive.
(h)    To call the Annual General Meetings and other Meeting of the Associations.
(i)    To do all other acts, necessary for the fulfillment of the objects of the Association.
(j)    To frame, alter, repeal rules of procedure for regulating the objects of the Association.
Provided that the Governing Body may delete any of its function, or delegate any specific work to any sub- committee appointed, or to any other member.
20   PEXTRA ORDINARY GENERAL MEETING :
(a)    An Extra ordinary General meeting of the Association may be called at any time at the instance of the Executive Committee. Such meeting shall be called within one month of the receipt of the notice from any 25 members associations. Such requisition must be in writing duly signed by at least 25 President/Secretaries of members Association and shall also state the agenda of the meeting.
(b)    In Case the extra ordinary General Meeting of the Association is not convened as per the requisition and same is also not ruled out by the Governing Body the requisition shall be entitled to be convened by the meeting to be presided over by the elder committee.
21   ADJOURNED MEETING :
If a meeting has been adjourned for want of quorum, no quorum shall be necessary for the next meeting held for the issue of the usual notice after a interval of half an hour with the same agenda, if so specifically mentioned in the notice.
22   PROCEEDINGS TO BE RECORDED :
The decisions arrived at a meeting shall be binding on all members of the associations. The General Secretary shall keep a record of the proceedings of all the meetings held under the provisions herein contained. Such record shall be open for inspection by Members Association.
23   ELECTION OF THE OFFICE BEARERS OF THE EXECUTIVE COMMITTEE :
The Office bearers i.e. President, Four Vice Presidents, Four Joint Secretaries (excluding the General Secretary and Treasurer) and the members of the Executive committee shall be elected by the authorized voter delegates of the members Associations in its meeting held for this purpose as far as possible in the between month of October to December.
The President elected shall nominate the General Secretary and one coordinator and Treasurer from amongst the members of the member Associations.
24   PROCEDURE OF ELECTION :
The General Body of the Association will convene at least three month before the date fixed for the Election to all the member associations. The elders committee will act as penal or the Returning Officer to hold election and be entitled to include any other office bearer of the association, provided one who is not contesting the election and the result of the election shall be declared in the meeting of the General Body by the elder committee / Returning Officer. In order to meet the heavy burden of expenditure of the Bar Association the elders committee will also fix security money for the various post which shall not be refundable after nomination is accepted and found valid.
25:   The person who has held office, will not be entitled to contest the following election in sequence, however, he can re-contest after a gap of one term.
26:    Any member of the member association desirous of seeking election as an office bearer or member of the Executive committee shall file the nomination paper alongwith required fee with the General Secretary of the UTTAR PRADESH KAR ADHIVAKTA SANGTHAN, duly proposed and seconded by the members of the member Association alongwith the certificate obtained from the president or secretary of the member association of which he is the member in the Performa prescribed on the nomination form.
Any member Association who is in arrear for more than 2 years shall not be allowed to take part in the meeting of this association and shall not be eligible to vote in election or for any other matter.
27:    The election shall be held by secret ballot. NO PROXY shall be allowed in the election.
28   DELEGATES OF THE MEMBERS ASSOCATION :
The member Association shall have the right to send the delegates for the General body meeting in the following manner :
(a)  Members association having strength upto 25 members shall have right to one delegate.
(b) Members Association having strength of members above 25 and upto 50 shall have right to two delegates, and
(c) Members Association having strength of members above 50 shall have right to three delegates.
29
The Executive committee shall conduct at least six meetings in a year. subject to the minimum of one meeting ordinarily once after two months and at least two Weeks notice shall be issued but in case of urgency such meeting can be called with at least a week notice to the Executive Committee by Mobile call, SMS, Paper notice or Electronically.
30
The agenda of the Executive committee meeting shall be prepared by the General Secretary in consultation and with the Approval of President and shall include therein all important matters or communications pending for disposal by the Executive committee, they shall also include in the agenda any other matter or proposal which any member of the Executive committee of member association may in writing request them to place before the committee.
31
A member of the Executive committee shall cease to be the member of the Executive committee if he fails to attend three consecutive meetings without communication in writing of the committee.(provided that on a representation being made before the next executive committee meeting is held, executive committee may restore, the membership of such member, if the executive committee is satisfied that there was sufficient and reasonable cause for the default).
32
The President shall be entitled to preside at every executive meeting, annual general meeting. If at such meetings he is not present then any one of the Vice-president as the case may be, shall take the chair. In the absence of the President or vice president the members of the Executive committee present may choose one of the member present to be the chairman of the meeting.
33
In the meeting of the Executive committee all the matters will be decided by the majority of votes. In the event of equality of votes the president may cast the vote.
34
In the event of any vacancy of any member of the office –bearer occurring by any reasons, shall be filled by the president, in consultation with the Executive Committee from amongst the members Associations, by nomination.
35
Quoram for the Annual General meeting or other General meeting shall be one third of the members entitled to attend the meeting of the General Body.
36
(a)  At the meeting of the Executive committee 15 (fifteen) members would form the quorum. No quorum is required for adjourned meeting, subject to noting in writing.
(b)  For Amendment in Rules and regulations of memorandum and Article of Association 2/3rd majority of members Association is required and the proposal for Amendment in rules and regulation and memorandum and Articles Association shall be proposed by Founder members and in case no Founder members are present or alive then Elders Committee will propose the same.
37  DUTIES OF THE OFFICE BEARER :
The President shall preside over all the meetings of the Executive committee, Annual General meeting and all other the General meetings. He shall control and regulate the business at such meetings, perform all duties and exercise all rights incidental to the office of the president, he shall exercise all rights, incidental to the office of the president, he shall exercise the general Supervision and control over affairs of the Associations, and shall be the Executive head.
38  THE VICE PRESIDENT :
Shall perform the duties and exercise the right of the President in his absence all the Vice Presidents shall have equal status in the Association.
39  The power, functions and duties for the General Secretary :
The power , functions and duties for the General Secretary shall be as under :
(a)  THE GENERAL SECRETARY shall be responsible for all the correspondence on behalf of the Association. He shall circulate agenda for the meetings and record the minutes of the Executive committee and of the General body meeting/Annual General Meeting.
(b)  All the employees of the Association shall be under the control of the General Secretary and he shall have power to appoint and dismiss employees of the associations and to fix–up their remuneration from time to time with due consultation with the President.
(c)  The General Secretary shall have the power to take all the necessary steps, in the best interest of the Association.
(d)  He shall have power of spending the funds of the Association in accordance with the Budget in Purchasing Books, furniture and material for printing and for other purpose connected with the Executive Committee, books for the library with consultation of coordinator and in accordance with the direction of Executive Committee.
(e)  The General secretary shall have the charge of the office properties and documents belonging to the Associations.
(f)  The General Secretary shall take steps with Treasurer for realization of the subscription from the member associations, Founder members, office bearers and members of the executive committee.
(g)  He shall assign work to employees of the association and generally shall exercise all power and perform all the duties as are incidental to his office subject to the General Authority of the Executive Committee.
(h)  The records and Register of the Associations shall be maintained and shall remain in the custody of the General Secretary. The records of the Association shall be open for the inspection to the members Associations at the convenience of the General Secretary.
40  CO-ORDINATOR :
Co-ordinator shall perform the duties and exercise the right as Coordinator of the Association at head office Lucknow keeping and maintaining the Head Office Building/ library and furniture and fittings of the Head Office Building and to keep and update President/ Secretary, and Executive members of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN with all amendments, circulars, notifications, made, or issued by the Commercial Tax Department (or by whatever named called in future)for the General knowledge of Taxation purpose.
41  JOINT SECRETARY :
Joint Secretary shall perform the duties and exercise the rights of the General Secretary and in his absence shall further carry out such other duties as may be entrusted to him by the Executive committee, General Secretary or the President. All the Joint Secretaries shall have equal status in the Association
42  TREASURER :
The Treasurer shall be responsible for :
(a)  Maintaining the income and expenditure of the Association.
(b)  Preparing the Annual Budget of the Association for its being placed before the Executive Body and General Body.
(c)  Carry out that all expenditure as are in accordance with the Budget, the rules and by-laws.
(d)  Advising the Governing Body / Executive Body on all matters relating to financial policy.
(e)  Performing such other function as might be assigned to him by the Governing Body / Executive Body.
(f)  The Treasurer shall operate Banks and other financial accounts either with the signatures of President or General secretary.
(g)  He has the power and duty to issue receipts of money and look after the voucher of payments.
(h)  He is responsible for payments approved by Gen Secretary for day to day expenses.
43  ACCOUNTS :
The Accounts of the Association shall be kept and maintained in the recognized bank and shall be operated upon jointly by the President or General Secretary and the Treasurer of the Association.
44  AUDIT :
The Executive Committee shall appoint a Chartered Accountant or a Registered Auditor to audit the accounts of the Association, who shall prepare and submit the report to the Treasurers to present in the Annual General Meeting of the Association.
45
Any resolution passed by any member bar association in contravention to the provisions of by Laws without the approval of the Bar Council of U.P. shall be deemed to be null and void.
46
All such member bar association who have not adopted the model by laws and have not got registration from the registrar societies, firms and chits of U P. within the period of 3 months from the receipt of provisional membership of UTTAR PRADESH KAR ADHIVAKTA SANGTHAN, They may apply for extension of further 3 months to comply with the requirements and executive committee may allow time. In case of failure within the time or extended time allowed the provisional membership shall be cancelled, after giving a notice.
# Inserted :
Clause 46A :  Membership when ceased :
(i)  Any Member / Office bearer / Founder Member’s shall be ceased on under mention circumstances :
(a)  Voulatairly Resignation,
(b)  On Death,
(c)  On becoming Lunatic,
(d)  If he is punished by any court of Law for more then One Year,
(e)  When he is in arrear of membership Fee for more than Two years,
(f)  If he act against the object of the Association,
(g)  If he act against the dignity of office bearer by using defamatory words and indulge in defamatory activities against any office bearer or member of Association including founder member.
(h)  If he is ceased to be member of any member Association.
47  AMENDMENTS :
AMENDMENTS The amendments in the rules and regulations of the associations shall be made according to Sec 12 of the societies Registration Act XXI of 1860 subject to clause 37(b).
48  LITIGATIONS :
The General Secretary is hereby appointed and authorized as the person (where necessary) to sue anyone and to be sued for and on behalf of the Association and all the legal proceeding shall be in the name of General Secretary of Association.
49  REGISTERS OF THE ASSOCIATION :
The following registers / books shall be maintained in the office of the Association preferably in computer and the printout shall be maintained separately, :
(a)  Agenda Register.
(b)  Proceedings Register.
(c)  Subscription Receipts books.
(d) Expenses vouchers.
(e)  Cash Book ledger and other accounts books as may be necessary.
(f)  Staff Register.
(g)  Stock Register.
(h)  Library Register
(i)  Or any Record as may be required.
50  DISSOLUTION :
In the event of dissolution of this Association the funds and Assets will vest in the Bar Council of U.P. for specific purpose of Utilization thereof for welfare of Advocates of U.P. The Dissolution of the associations shall be done in associations in accordance with Section 13 or 14 of the Societies Registration Act XXI of 1860.
In the event of dissolution of this Association the funds and Assets will vest in the Bar Council of U.P. for specific purpose of Utilization thereof for welfare of Advocates of U.P. The Dissolution of the associations shall be done in associations in accordance with Section 13 or 14 of the Societies Registration Act XXI of 1860.
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President
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General Secretary
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