9. Notwithstanding the expiration of the duration of the Executive Committee and Officers (hereinafter referred to as the former Executive Committee and officers) the former Executive Committee shall continue to exerciseits functions until a new Executive Committee is constituted in accordance with the provisions of this constitution, and on such constitution the former Executive Committee and Officers shall stand dissolved.
10.The President, the Vice-Presidents, General Secretary, Joint Secretary or Treasurer shall hold office for a period of 3 years from the date on which he is chosen but so as not to extend beyond his term of office as a member of the Executive Committee at the relevant time, and he shall be eligible for re-election.
Article V : Functions, Duties & Powers of the Executive Committee & Officers
1. Executive Committee will function within the Constitution and bye-laws of the Association.
2. a. To amalgamate the Society either wholly or partially and also to affiliate with any other Society, having objects altogether or in part similar to those of the Association.
b. Generally to purchase or sell, take on loan or in exchange, hire or otherwise acquire any immovable or movable property and any rights or privileges which the society may think necessary or convenient for any of the purposes for which it is established.
c. To invest and deal with the moneys of Association not immediately required, upon such securities and in such manner as may from time to time be determined in the best interests of the Society.
d. To make, accept, endorse and execute pronotes, Bill of Exchange and other negotiable instruments.
3. In the interest of Association, the Executive Committee shall sue in the court of law for cases affecting the interest of the Association, conducting such cases, withdraw or arbitrate.
4. To conduct the functions and attain the objectives of the Association, Executive Committee shall appoint necessary personnel of different categories, promote, punish, suspend or dismiss and fix the terms and conditions, pay and duration of such personnel employed. The different classes of punishment awarded to a person appointed to the service of the Association shall be such as provided in the Kerala Classification (Control & Appeal) Rules 1960 and by adopting procedures as contemplated therein with suitable modifications as decided by Executive Committee and after providing opportunities to the delinquent to represent his case. All punishments except dismissal from service of the Association shall be issued by the General Secretary of the Executive Committee. Dismissal of a person from the service of the Association shall be made only by the Executive Committee.
5. To appoint attorneys, advisors, agents etc. for the purpose of carrying out its functions.
6. To open and operate Bank Account or Accounts in the name of the Association as decided by the Executive Committee.
7. To submit Annual Report to the members.
8. To verify, approve and get audited the accounts of the Association.
9. If needed, appointment of representatives for Fellow Associations or Government Bodies or Arbitrators.
10. To form, alter, delete and practice rules and regulations for different types of schemes for the welfare of the Members and others.
11. To all such acts to carry out the functions and to attain the objectives of the Association.
12. To appoint, remove the trustees and to fonn, alter, delete do any such acts in the rules and regulations of the Societies, Associations and Trusts formed by the Association.
13.Executive Committee shall delegate such power and authority to Sub-committees or President or General Secretary or any other Member for carrying out the functions and decisions of the Executive Committee.
14.The agenda and the procedure of conducting the Annual General or Extra-ordinary General Meeting shall be decided by the Executive Committee.
15. a. The Executive Committee, for better functioning and understanding, shall establish the following Sub-committees:-
1. Finance Committee
2. Membership Committee
3. Professional Development Committee
4. Disciplinary Committee
5. Election Committee
6. Any other Committee depending upon the necessity and situation.
b. The Executive Committee shall nominate the Members of this Committee and decide the Terms, Rules and Regulations, Limits and Powers and duration of these Sub- committees.
c. The President and General Secretary of the Association will be ex-officio Members of all the Sub-committees.
d. The Sub-committees are recomendative committee and the decision of the Executive Committee shall be final.
e. The Executive Committee shall delegate the powers necessary to Sub-committees for its functioning.
f. The Executive Committee shall nominate any members of the Association as member of the Sub-committees.
16.The Executive Committee will be responsible to conduct the election for new Executive Committee Members and form Sub-committee and other rules and regulations for conducting such election as per the constitution and bye-laws of this Association.
17.The Executive Committee shall decide and expel from membership of the Association any member who is found guilty of any misconduct or acting against the interest of the Association in any manner or suspend such a member from exercising his rights as a member for a specified period.
18.A member of the Association shall abide by the provisions in these byelaws. No member shall publish or cause to publish any statements in newspapers and make any announcement or utterances or statements publicly criticizing the activities of the Association, its Executive Committee or of any member in the Executive Committee or of any other member of the Association. If there arise a cause for a member for any grievance against the activities of the Association, its Executive Committee, a member of its Executive Committee or of any member of the Association, such member shall make a representation in that regard to the Association addressed to the President who shall cause the same to be placed in the next meeting of the Executive Committee and the Executive Committee shall intimate the member of its decision. If the member is aggrieved by the decision of the Executive Committee, the member shall make an appeal to the General Body of the Association within 30 days of receipt of the intimation from the Executive Committee. The appeal shall be considered within 60 days of such decision and the decision of the special General Body shall be final. If the Executive Committee feels that there is no need for a special General Body for consideration of the appeal, the appeal shallbe placed in the next General Body when convened and the decision of the General Body shall be final.
The “misconduct” and “acting against the interest of the Association” in relation to a member of the Association shall mean any acts of discredit to the Association on the part of a member by speech or action, general behaviour, misconduct, unethical activities and such other matters as the Executive Committee may consider and decide in respect of a member suo moto or on complaint from any of the members of the Association.
On receipt of a complaint of misconduct on acting against the interest of the Association in respect of a member or as a suo moto consideration of such allegation by the Executive Committee in respect of member, the Executive Committee on its preliminary consideration feels that there exist prima facie grounds to proceed against such member, the Executive Committee shall refer the allegations to the disciplinary committee which shall proceed further in the matter on the allegations against the member, obtain the explanation from the member concerned after providing adequate opportunities to the member to explain his case and forward the same with evidences if any collected to the Executive Committee with recommendations.
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