Constitution

THE KERALA JUDICIAL OFFICER’S ASSOCIATION TRIVANDRUM
BYE LAW

MEMORANDUM OF ASSOCIATION

I. Name of the Association is “KERALA JUDICIAL POFFICERS ASSOCIATION”
II. The headquarters of the Association shall be at Ernakulam or the place which the General body decides from time to time.
III. The area of operation of the Association is throughout Kerala.
IV. The objects of the Association are;

i. To provide, develop and strengthen the brotherhood among the members.
ii. To provide amenities to the members for recreation, maintenance of library, reading room and all other things incidental and conductive to the promotion the welfare of members.
iii. To afford opportunities to the members to meet together, exchange their ideas, to discuss and deal the matters touching the common interest.
iv. To bring to the notice of the authorities concerned with regard to the difficulties experienced by the members.
v. To promote or hold either alone or jointly with any organization, club or persons, sports and games, meetings, conferences, competitions, exhibitions, matches and tournaments and to offer, give and contribute towards prizes, medals and awards and organize meeting and lectures, to conduct parties and tours and to arrange for staging art and cultural performances and other items of entertainments for the enjoyment of the members and their families.
vi. To purchase, take on lease or hire or otherwise acquire and manage or assist in the management of any movable or immovable property or right and privileges necessary for the furtherance of the objects of the association.
vii. To contact other similar organization and clubs and obtain and give affiliations on the basis of mutuality.
viii. To construct, reconstruct, alter or keep in repair the buildings required for the association or demolish such structures, which are not required.
ix. To pass rules and regulations to govern the activities and working of the association.
x. To borrow or raise funds which may be required for the purpose of the association by appropriate means.
xi. To enter into agreements or contract with persons, organization, firms, companies or government to meet the requirement of the association.
xii. To strive for the achievement of social advancement of the members.
Xiii. To do or cause to be done all such lawful things as are in accordance with the spirit and principles of the objects of the association.

ARTICLES OF ASSOCIATION
V. Definitions

i. The ‘Association’ means Kerala Judicial Officers’ Association recognized by the Government of Kerala.
ii. ‘Member’ means a Judicial Officer who subscribes to the objects of the association and pay the required membership/subscription fees.
iii. ‘Supreme body’ means the general body consisting the entire members of the association at the state level.
iv. The ‘Executive committee’ means the committee consisting of 11 members (4 District judges, 3 Sub judges and 4 Munsiff-Magistrates) inclusive of the office bearers, elected by the supreme body of the association, for a period of two years from time to time.
v. ‘District general body’ means the Supreme body of the District Committee of the association, consisting of the entire members working in a particular District from time to time.
vi. ‘District executive committee’ means the committee consisting of 7 members (2 District Judges, 2 Sub judges and 3 Munsiff – Magistrates) elected by the District General body for a period of two years, from time to time.
Vii. ‘Office bearers means’ a President, a Vice – President, a Secretary, a Joint Secretary and a Treasurer elected by the Supreme body of the association at the State/District level for a period of two years from time to time.
Viii. ‘Year’ means the financial year consisting of 12 months starting from February 1st to January 31st.

VI. The registered address of the Association, shall be “ KERALA JUDICIAL OFFICERS’ ASSOCIATION, Ground Floor, Niyama Shakaya Bhavan, Old High Court Campus, Kochi-31.
VII. Membership:
Membership is granted to judicial officer who himself/herself submits to the objects of the association.

a. He/she shall make an application to the state committee in the prescribed form.
b. The Supreme body may issue the membership, subject to payment of `250/- as membership fee.
c. The membership shall cease on failure to remit the membership/ subscription fees for more than six months or resignation/ retirement/removal from service.
d. The Supreme Body may restore membership on clearing dues by the member concerned.
e. If any of the members act in violation of the rules of the association or against the interest, principles and policies of the association, he/she can be removed from the membership after giving a chance for explanation and if the person concerned has not given the explanation or on examining the explanation, the supreme body is convinced that the person concerned has acted in violation of the rules of the Association.

VIII. GENERAL BODY AT THE STATE LEVEL:

i. The general body shall be the supreme body of the association.
ii. The state president shall preside over the general body, in his absence the Vice president and in the absence of both, the meeting shall choose a presiding officer from among the members present.
iii. The General body shall elect office bearers and the remaining members to the state executive committee.
iv. Annual General body meeting shall be convened on 2nd Saturday of January every year/any day in the month of January every year.
v. Special General body meeting may be convened by the state executive committee at its discretion or at the requisition in writing by at least ¼ of the General body.
vi. Two weeks notice is required for Annual General body meeting and one week notice for a Special General body meeting.
vii. The business of the annual General body meeting shall be
a. To confirm the proceedings of the previous General body and to pass annual report, annual statement of accounts.
b. Approve the excess of expenditure over sanctioned budget.
c. Approve the budget and programmes of the Association for the year.
d. Appoint the auditors to audit the accounts of the State committee.
e. To consider any other business brought forward by the members with permission of the president.
f. The quorum of the meeting shall be 30 members.

IX. GENERAL BODY AT THE DISTRICT LEVEL

i. The General body shall be supreme body of the association at the District Level and it shall include all the members working in the District.
ii. The District President shall preside over the general body, in his absence the Vice president and in the absence of both, the meeting shall choose a presiding officer from among the members present.
iii. The General body shall elect 7 members to the executive committee.
iv. The Annual General body meeting of the District shall be convened on the second Saturday of March of every year/any day in the month of March every year.
v. Special General body meeting may be convened by the District Executive committee at its discretion or at requisition in writing by at least ¼ of the district General body.
vi. Two weeks notice is required for annual General body meeting and one weeks notice for a special General body meeting.
vii. The business of the annual General body meeting

a. To confirm the proceedings of the previous General body and to pass Annual report, annual statement of accounts.
b. Approve the excess of expenditure over sanctioned budget.
c. Approve the budget and programmes of the Association for the next year.
c. Appoint the auditors to audit the accounts of the District committee.
e. To consider any other business brought forward by the members with permission of the president.
f. The quorum of the meeting shall ten or ¼ of the members in the district which ever is less.

X. VOTING AND DECISIONS

1. Each member shall have one vote in the general body.
2. Decision will be taken by simple majority of the members present, except in the case of expulsion of a member, wherein 2/3 majority is required.
3. In case of any contest to various office bearers, the election shall be held by secret ballot.
4. The Chairman of the meeting shall have a casting vote in the event of tie.
5. If the member fails to pay the monthly subscription for a period of 6 months or more, he/she shall loose voting power.

XI. The entire management of the State/District committees of the Association shall be vested in the State/District executive committees respectively. The State/District executive committee shall have and exercise all powers to enter into agreements, as may be necessary for the due management of the association and for carrying out objects for which the Association is established. The committee can make rules for the due functioning of the Association. The following powers and authorities are expressly given and conferred on the committee.

i. To raise funds from time to time for the activities of the Association through grants, subsidies, loans etc. and to mortgage or hypothecate the properties of the Association, whenever necessary for raising funds.
ii. To appoint all employees of the Association and to fix their remuneration and to frame necessary service rules.
iii. To dismiss the employees.
iv. To apply for and take out, purchase or otherwise by way of license or otherwise, any patent right of inventions, trade rights, copy rights or secret processes or technical aid or know – how which may be useful to achieve the objects of the Association and to grant licence for the use of the same.
v. To purchase or take on lease, hire or rent or otherwise acquire land or construct buildings.
vi. To sell land and movable or immovable properties of the association if not required for the activities of the association.
vii. To pass monthly statement of accounts and place before the general body, the annual report and budget.
viii. To convene the general body meeting.
ix. The executive committee shall be held at least once in every three months.
x. The quorum of the meeting shall be presence of ¼ members of State/District committee respectively.
xi. The Secretary and Treasurer shall jointly operate the bank accounts on behalf of the association at the State/District level.
xii. The membership in the executive committee at the State/District level shall loose or forfeit, it he/she does not attend three consecutive meetings. But the executive committee may condone the absence, if the absentee satisfies with the reasons for the absence.
xiii. In any case, any vacancy is arising in the executive committee, the respective executive committee shall have the power to fill up the vacancy through nomination.

XII. PRESIDENT

(a) He/she shall be a District judge.
(b) He shall be elected by the supreme body directly.
(c) The President shall preside over the meetings.
(d) All properties and assets of the association shall be acquired in the name of the President.

XIII. Vice President

a. He/she shall be a Sub Judge/CJM.
b. The Vice President shall assist the President and shall act as President during the absence or illness of the President.

XIV. SECRETARY/JOINT SECRETARY

(a) He/she shall be a Munsiff – Magistrate.
(b) The Secretary shall be the Chief Executive Officer.
(c) He shall be in charge of all the movable/immovable assets of the association.
(d) He shall sue or be sued on behalf of the association.
(e) The Secretary / Joint Secretary at the State / District shall be elected by the respective General body.
(f) He shall communicate to all concerned, regarding the affairs of the association.
(g) He shall prepare annual report and get the approval of the general body.
(h) He may initiate disciplinary action up to suspension on the employees of the association.
(i) The joint secretary shall assist the secretary and shall act as secretary during the absence or illness of the secretary.

XV. TREASURER

(a) He / she shall be a Sub Judge / CJM /Munsiff – Magistrate.
(b) The Treasurer shall be elected directly by the respective General Body.
(c) He shall be responsible for all monetary transaction of the association.
(d) He shall submit monthly statement of receipts and expenditure to the executive committee.
(e) He shall in consultation with the executive committee prepare and submit yearly budget of income and expenditure and shall get it admitted.
(f) He shall issue receipt for money received and maintain proper vouchers on the payments mode. He shall deposit all the money received in the account of the association. He can keep cash in hand up to `3000/- for contingent expenses.

XVI. FUND

(a) The fund of the Association at the State level shall consists of all contributions / Grants / Donations from members.
(b) The State Committee shall decide about the sharing of fund to the District Level Committee from time to time.

XVII. AMENDMENTS

(1) The state General body shall have all powers to add, alter, very or amend the Bye Law as and when it requires.
(2) To amend the Bye – Law, the Secretary shall give at least 15 days notice to the members along with the copy of the proposed amendments.
(3) The amendments can be carried out with 2/3rd majority in the General body meeting convened for that purpose.
(4) A true copy of the amendment shall be submitted to the Registrar within 14 days of passing the amendment.

XVIII. The Association shall submit to the Registrar High Court / Government of Kerala a true copy of the annual statement of the accounts within 14 days of the annual General body meeting, duly signed by the President and 2 members of the executive committee.

XIX. The Association shall have a common seal and a name board for the office.
XX. The records to be kept in the office.

1. Bye – Law and Registration file.
2. Minutes book.
3. Admission Register.
4. Receipts Books
5. Income and expenditure account book
6. Stock Register
7. Pass books and cheque books file
8. Savings Register
9. Statement of accounts
10. Notice book
11. Correspondence file
12. Stamp account book
13. Inwards and outwards Register
Such other registers which are necessary for the working of the association.
The District level committee shall maintain all the records except item No.3.

* Bye-Law as amended on on 30.5.10 by the special general body meeting