V CA7

CONSTITUTION

BAR ASSOCIATION CHARKHI DADRI

OFFICE BEARER (SESSION:- 2013-20141

1- PRESIDENT

PARVEEN KUMAR SHEORAN ADVOCATE.

MOB NO. 09416359729

2- SECRETARY

KULWANT PHOGAT ADVOCATE

MOB NO. 09813478870

3- TREASURER

SANJAY KALIRAMAN ADVOCATE

MOB NO. 09812856888

 Bar Association Charkhi Dadri

1. NAME:

The association shall be called the Bar Association, Charkhi Dadri.

2. AIMS & OBJECTS:

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The aims and objects of the Association shall be:

i. To safeguard the interests of the members.

li. To maintain the Bar-Room for the personal and corporate comforts of

the members.

Hi. To encourage mutual good will and social relations amongst the

members of the Bar Association themselves and with the Bench,

iv. To maintain the dignity and purity of the profession.

V. To render help & assistance to the litigant public where by legitimate

grievances may be easily removed,

vi. To help fearlessly in the administration of law & the maintenance of

the standard and purity of justice.

vH. To take measures for the provisions of free legal aid to the poor and

the establishment and maintenance of a system of prompt and

efficient legal advice for persons, irrespective of their capacity to pay.

viii. To take measures to provide financial aid to any member of the Bar in

strained circumstances and members of their families on their death.

3. MEMBERSHIP AND SUBSCRIPTION:

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a) The membership of the Association shall be open to all Advocates

vi^ose ordinary place of practice is or hs^ been at Bhiwani or any of

the subordinate.places in the Bhiwani Qistrict or any other place In

the State of Haryana. Any Advocate on the roll of Advocates of the

Bar Council of Punjab and Haryana shall be eligible to be members of

this association, on payment of Rs. 2.100/- as an enrollment fee and

Rs. 30/- as subscription fee which may be varied from time to time by

the Association.

b) The members shall be liable to pay a monthly subscription of Rs. 30/-

in advance upto last day of the month In which it falls due which may

be varied from time to time by the Association.

0) If a member of this Association fails to pay the monthly subscription

within that month in which it falls due, he shall pay Rs. 100/- as fine

alongwith his due subscription In the following month and so on if

default continues.

d) In case of re-admission of member, fresh admission fee will be

charged alongwth ail the previous dues, from the member.

e) If a member fails to pay the monthly subscription for 3 months, his

membership shall liable to be cancelled and his name shall be struck

off from the Bar roll provided that if the member in arrears within a

period of seven days from the receipt of notice in writing to be served

upon him by the Secretary, Pays/deposits the arrears with the clerk or
any or the office bearers of the Executive alongwith cost of notice and

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penalty amount as per provisions of olause(d) part 3 of the

constitution them he shall be deemed to have duly paid the arrears

within time.

0 If membership of any member Is struck off as aforesaid, his Habillty

for payment of arrears shall not cease.

4. OBLIGATION OF MEMBERS:

EVERY MEMBER SHALL:-

a) Sign a pledge not to adopt or practise toutism and to do his best to

eradicate the evil of toutism.

b) Abide by the aims, object, rules, regulations as are in the constitution

of the association and is and shall be bound to act upon the

resolutions passed by the association from time to time.

c) Appoint Cierk/Munshi which appointment shall be made, governed

and regulated by the Rules framed by High Court of Punjab and

Haryana & which are in Chapter 6-j(Page 157) of volume V of High

court Rules and orders provided that the Bar Association shall have

power/authority to call upon any member to dismiss any cierk/Munshi,

if he is found indulging in toutism or guilty of acts/omission/offences

Involving moral turpitude or found vioiating/contravening/any rule,

regulations framed or any resolution passed by this Association or

any provision of the Bar Constitution.

d) Abide by the Constitution and respect its Ideals and Institutions.

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e) Uphold and protect the dignity, unity and integrity of the Bar and
purity of profession.

f) Defend the bar and render service when called upon to do so.
g) Value and preserve the rich heritage of our composite culture or legal
profession.

h) Protect the property of Bar from being damaged/wasted.

I) Protect and Improve the environment between Bar and Bench.

j) Pay subscription fee In time and return the library book/books

immediately as per rules framed for the purpose.

BUT NO MEMBER SHALL:-

I. Receive any bride or otherwise taken any case from or through tout
of whom the Bar Association shall maintain a list and shall revise the

same from time to time.

(Note:- A person shall be deemed a Tout whom the house of this

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Association by a decision in the meeting so declares or who has been

so declared by any other Bar Association in Punjab & Haryana or by

Bar Council of apy State/Bar/Council of India.)

II. Violate/contravene any rule/regulations framed by or any

order/resolution passed by Bar Council of Punjab and Haryana and

also by the Apex body i.e. Bar Council of India.

5. PRIVILEGES AND QUALIFICATION OF MEMBERS:-

 a) Be enttlted to share all comforts and conveniences provided by the
Bar and to use Its library according to rules, prescribed for Its.
b) Have right to vote In the election and at a meeting of the association
provided he has cleared all dues library books upto IS®' March of
every year.

8. EXCLUSION FROM MEMBERSHIP & CONSEQUENCFS -

a) Reasons for exclusion, among other, any include malpractice or

toutism, employing those persons as Munshi or Clerks, whom the

association has declared unfit for such work and disobedience of the

rules, orders/resolution of the Bar Association.

b) The name of any member shall be liable to be removed from the

memtiership of the association, if at least 2/3"' of the members

present In ttie meeting specially called for the purpose vote for such

removal but for holding such a meeting one week's notice and

quorum of 2/3"" members of Association shall be necessary.

c) Exduslon from membership shall entail forfeiture of all privileges
ordinary available to members of the association.

d) in case of removal or any member from professional misconduct, no

member shall glye him/her any professional help assistance directly

or Indirectly, inside or outside the courts or give or take legal advice,

hold professional consultation with or in any manner accommodate

him/her in professional work.

 a) The management of the ordinary business and affairs of the

Association shail be carried out by a Managing Committee to be

elected annually in the election to be held in the month of March in

accordance with the provisions herein after contained. The new office

bearers shail take charge on April every year.

in case of vacancy falling during the year, it would be filled up by the

etection.

b) The managing committee shall consist of:-

1) President

2) Vice President

3) Secretary

4) Treasurer

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c) Each memt)er of the Managing committee shall be elected through

the process of secret ballot and a candidate getting the highest

number of votes shail be declared elected.

d) The election of the Managing Committee(office bearers) of the

association shall be conducted by Committee called "The election

committee" consisting of members not more than 7 including its

Chairman and Secretary.

The Chairman, Secretary and Member of the

election committee shall be chosen unanimously or If not possible by

majority of the members of the association present in the general

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 meeting convened for this purpose provided that (I) the quorum for
such general meeting shall be majority of the members on roll (ii) No

member of committee shall contest the election or any office of the

Bar unless he/she resigns from the membership of the election

committee, (ill)- The Chairman, Secretary and members of the

election committee shall be chosen every year in the first week of

March and shall continue acting and discharging their duties as such

till new electron committee is chosen.

The election committee shall notify the elections of

programme in the month of March and the elections of all office

t>earers shall be completed before 31^^ March every year unless

considering some emergent or grave circumstances the election are

postponed by 2/3"^ majority of members of the Bar present In general

meeting convened for this purpose. The quorum for such meeting will

be 2/3"* membership on roll.

The election committee shall invite applications for

posts of office bearers of the association and shall also fb( election

schedule/programme bearing dates for filing for nominations scrutiny,

withdrawal of nomination papers, polling and declaration of results.

The election shall be held by a secret ballot from

10-00 a.m. to 4-00 p.m. The counting of votes shall take place

immediately after the polling is over and the result shall be

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 announi^d on the same day. The candidate or his authorized agent
shall be allowed to remain present during polling and counting time.
The election committee may frame rules and

regulations necessary for conducing the election in accordance wth

the provisions of this constitution. In case, any one or more members

resign from the committee, the remaining members may take the help
of members of frie Bar, whom they consider just and reasonable or

they may ask the genetal body to fill up the vacancy caused by
resignation or otherwise.

DUTIES AND POWERS OF OFFICE BEARERS:.

Duties and power of the office bearers shall be as follow;-

PRESIDENT:-

a) The President shall,

1) President over all the meetings of the Association when

present.

2) Represent the association on ail occasions or authorize any

person to represent on his behalf.

3) Issue orders to other office bearers for the well being of the

Association.

4) Generally supervise and control the affairs add activities of the

Association and members of the Managing committee and

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 5) Incur and sanction and expenses upto Rs. 500/-(Rupees five
hundred) at any time subject to the approval of the Managing

Committee.

6) Have a right of casting vote in case of tie.

7) May delegate any power to Vice-Presldent or In his absence to

Secretary.

VICE PRESIDENT:-

The Vice President shall act for the President In his absence,

provided that the Vice President, too, Is absent any senior

member of the Association may also do so In good faith.

;CRETARY:-

The Secretary shall.

5. S
1. Issue notices of the meeting in consultation with president.

2. Carry on correspondence of the Association and supervise

collection of subscriptions and notices of demand for arrears

etc as provided for herein.

3. Supervise the maintenance of the furniture and the bar room.

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4. Use funds of the Association with the approval of the office

bearers for the upkeep and improvement of the Bar

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Association, inciuding Library.

5. Transact all other business of the Association.

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 6. Carry into effect all resolutions of the Managing Committee or
the Association.

7. Keep the minutes of the proceedings of the meeting of the

association and the Managing committee.
8. Keep necessary record of other orders.
9. Supervise and control the menial and other staff.
10.Drawn upon the treasurer to meet expenses of the Association
for monthly pay and other charges such as newspaper etc.
11.Responsible for the smooth functioning of the programme of
the Bar.

12.Record the proceedings or the meeting of Managing

Committee and the general body meeting and will be
responsible for proper maintenance.

13.Bring to the notice of the Marvaglng Committee all such

matters requiring action by them and give notice to all
members with the approval of the president.
14.Keep in touch with all office bearers as for as possible to
secure fullest co-operation In the execution work of the Bar.

15.Carry out the directions of the President or the Vice President

in his absence.

16.Maintain upto date list of all members of this Bar.

Bar Assfciation,Ch. Dadri '

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17.Prepare toual report of the Bar and present it before the

Managing Committee before presenting it to general body and
whenever required.

18.Keep upto date rules, regulation and constitution of the bar

made from time to time.

MAINTAIN THE FOLLOWING REGISTERSr>

1. A register of membere containing their names and address.

2. A minute book

3. A correspondence book

4. A peon book

5. A cheque book

6. Subscription register

7. Register of approved Munshis

8. A register of ill reputed touts.

9. A register of disreputable person in eligible for employment as

Clerks etc.

10.A register or assets.

11.Any other register which may be deemed necessary.

THE TREASURER:-

The Treasurer shall,

1. Arrange to collect all subscriptions from the members.

2. Maintain account books relating to funds of the AssociatiorT.

 3. Deposit alt the c^sh In the bank account except to the extent of
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Rs. 2500/- for current expenses.

4. Issue proper receipts for all payments received by him on

behalf of the Bar and disburse only under the authority of the

president or in his absence the Vice President present.

5. Maintain complete and upto date list of members of the Bar

and amount due from each member.

6. Responsible for proper maintenance of accounts, annual audit

and then present before the Managing Committee for

approval.

7. Arrange to collect grant/endorsements or any other property

whatsoever in [he name of the Bar and the same shall be

deposited with tfie bank immediately.

OPERATION OF BANK ACCOUNTS

The Bank accounts of the Association shall be operated by

the President and also by any one or the other office bearers.

MEETING:-

1. The meeting of the Managing Committee shall be held once In a

month in Bar/Library room which shall be called by the President

or in his absence by the Vice President or Secretary.

Provided that the President when required In writing by majority or

Managing Committee members to call a meeting, shall do so

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within three days, failing which these members shall be entitled to

call a meeting after giving a week notice to the President and

other members. The minutes of all such meetings shall always be

reduced into writing.

2. Majority of the members of the Managing Committee for the time

being holding office, shall form a quorum.

3. The decision of the Committee shall be by majority and in case of

tie, the President shall have the casting vote.

4. At every meeting of the Managing Committee the President if

present or in his absence vice President shall preside over the

meeting and shall be deemed to be the Chairman for the purpose

of clau8e(3) ibid.

ESTABLISHMENT:-

1. The Bar Association shall employ:

a) One Peon

b) One Library Clerk

c) If need be an extra servantfservants

2. The appointment suspension, dismissal of or award of other

punishment to any employee of the establishment shall be made by

the President in consultation with the managing Committee, whose

decision shall be ftnal.

MEETINGS:-

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1. There Shall be held:-

a) General

b) Special

c) Ordinary

Meeting of the association

2. GENERAL MEETING:-

General meeting shall be held at least twice In a year to consider the

question of:

1) Annual elections and election of members of election Committee.

2) Accounts and reports

3) E}q9Ulslon and other disciplinary measure against members

4) Changes In the constitution, rules, aims and objects of the

as50clation( to be done by 2/3"' majority)

5) Such other matters, as may from time to time be submitted for Its

consideration by the Managing Committee.

Note:- The Managing Committee or the President, on a written

requisition of 50 members may call a general meeting at any time

for any special purpose.

No General meeting shall be held unless at least 33% of the

members on the roil are present In the meeting and at least 5

days notice is given by the Secretary Containing the Agenda.

3. SPECIAL MEETING:-

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Special meetings of the Bar Association shall be held:

1. By order of the President or at the written request of any member
counter signed by the fifty ordinary members at any time to
consider important question which may inciude:
a) The preparation of the list of touts;

b) Proposal regarding the amendment or consideration of

legislative bill or acts;

c) Matters of emergent necessity;

d) Proposals circulated by public bodies or others for opinion of

the Association.

e) Such other proposals that any member of Managing

committee may submit for decision.

2. Two days prior notice for such meeting shall be necessary.

3. Quorum for such meeting shall be:

a) For consideration of the questions relating to the list of touts or

other matters relevant to it. 50% of the members on roll.

b) For other questions at least 50 members on roll.

4. ORDINARY MEETING:-

a) Any ordinary meeting of the Association shall be called at least

once in a month to consider such other questions as will be

circulated in the agenda by the Secretary under the order of the

President.
 b) Notice for such meetings shall be of two days and at least fifty
ordinary members shall form a quorum for such meetings.

5. QUORUM FOR ADJOURNED MEETINGS:

a) In cases of meetings adjourned for want of quorum no quorum

shall be necessary, but fresh notice shall have to be issued

containing the agenda;

b) In case of meeting adjoumed for disposal of pending business,

which could not be finished in the sitting, no fresh notice or

quorum would be necessary,. If the next date is fixed In the

meeting.

6. VOTING AT MEETING:-

a) For consideration of the questions relating to the list of touts or

other matters relating there to. the voting shall be carried out.

b) At all other meetings, the question be decided by a majority of

votes of the voting members present In the meetings, which

shall be not less than 50, unless otherwise provided in the

constitution of rules.

c) In cases of equality of votes, the President shall have right to

casting vote also.

7. NOTICE FOR EMERGENT MEETINGS:

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 In cases of emergency, any meeting may be called under the
order of President on a shorter notice than provided for any

particular kind of meeting.

8. CHAIRMANSHIP AT MEETING:

a) The president and in his absence, the Vice President shall

preside over the meetings. When none of these office bearers

8 present, at a meeting, the members present shall select their

Chairman from amongst the Senior members those present.

b) The decision of the Chairman on all questions or order,

procedure; counting of votes, or other matters relating to the

conduct of the business in the meeting shall be final.

9. REVIEW.

a) No resolution passed in any meeting shall be reviewed unless

application for review is supported by the signatures of 100

members or is recommended by the Managing Committee.

b) An application for review shall be put up in a special meeting

and the previous order shall be reversed or modified only if

2/3"* of the members present votes for such reversal or

modifications, provided that the two-thirds shall not be less in

numt>er than those who originally voted for the decision under

review;
 c) If any member feels aggrieved by any act or omission, of the
managing committee, he/she may request the President In
writing countersigned by 50{flfty) members of the Association
to consider the matter, who shaii consider the matter himsetf or

refer to the general body for decision.

^0.DECISION OF THE GENERAL MEETING:

The decision of the General Meeting shall be final on all

matters.

11.SERWCE0F/V07/C&

Notice of meeting will so for as practicable, be served

personally on the members. If service on any member cannot be

made personally, a notice shall be placed upon the notice board

at least 24 hours before the time fixed for the meeting and this
shall be considered sufficient service on such member also.

12. GENERAL-

1. No stranger shall be allowed admittance in the rooms occupied

by the Association.

2. No publicity will be given to any private conversation, which

may take place in the meeting of the Association.

3. No proposal sent up by a member for consideration of the

Association, will be dealt with, unless the proposer either

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 attends peisonally to move and support his proposal or
authorize In writing some other member to represent the
matter of the proposal before the meeting, in order to facilitate

Its decision.

4. Any person aggrieved by any decision of the Managing

Committee or displeased with any act of the Secretary or other
official, may appeal to the Association within 30 days and not

13. AMENDMENT IN CONSTITUTION:

The Association shall always Invite suggestion from any

member or the Bar concerning the matter and business of the

Association, for the purpose of inserting the same or for the

purpose of deleting any provision from the constitution.

If such suggestion is supported by at least 50 members of

this Association, the same shall be laid immediately before the

house of the Association. The house shall have open and general

discussion before deciding on such suggestions. The decision

shall be taken by secret ballot if difference of opinion is found.

The quorum of house shall be of 2/3"^ majority of the

members of Association on role & no amendment shall be allowed

unless it is passed by 2/3"^ majority of members present In the

 meeting. The decision of the house shall be implemented In the
constitution forthwith.

^A.FORMfNG OF THE COMMITTEES:

The Managing Committee may from commrttees

consisting of members not exceeding four subject to the minimum

of three for the purposes of maintaining discipline, to give finding

In an enquiry initiated on any complaint, for taking accounts or for

any other matter which will facilitate for taking any decision by the

house.

The report of the Committee will be read in the general meeting

for its approval.

16.POWERS & FUNCTIONS OF COMMITTEES:

The Committee shall have ail powers to summon the witnesses

and of recording evidence as provided in CPC & Evidence Act as

for possible. In case any member disobeys the

instructions/order/resolution of the committee the same will

'tantamount to misconduct for the purpose as contained in the

Constitution.

True to the original as approved by the House.

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 LIBRARY RIJI FS

1. No text-book or manual or Digest shall be Issued to any member. The

member can study any book or can gel the photostate copy/copies of
any book at his own expenses.
2. Every member shall be returned the issued book within 7 days from its
issuance faiiing with Rs. 1/- will be charged for each book per day. This
amount shall be added in the monthly subscription and recover as arrear.
If any member refused to pay fine he shall not entitled to avail any library
facility.

3. A member can take only 5 books from library.

4. The member will be liable for all kind of damage, torn out and mutilated
the issued i)ook/books. The current/present price will be charged by the
member of that book which will be assessed by the library committee
and executive committee.

5. No any loose part of monthly journal will be Issued to member. Member

can take photostate copy at his own expenses.
6. Books shall be issued only those members who clear their account.
Defaulter cannot make any claim of books.

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