Memorandum of Association
of
The Income Tax Bar Association, Karachi
1. The name of the Association is,
"The Income Tax Bar Association"
Registered Office.
2. The Registered Office of the Association
will be situated in the City of Karachi.
Aims and Objects
3. The objects for which the Association
is established are:-
-
To take over the assets of "Income
Tax Practitioners" Association vide its Resolution dated
23rd April, 1986 and to succeed the same
- To establish closer relations and understanding among
the members of the Association.
- To look after, safeguard and protect the rights and
privileges of the members of the Association.
- To establish promote and maintain high standards of
honesty, efficiency and integrity among the members of
the Association in the conduct of profession so as to
enhance the status, dignity, prestige and honour of the
profession.
- To establish a code of conduct based on high standards
of professional ethics and etiquette and to ensure its
observance by the members of the Association.
- To discuss from time to time common problems and difficulties
experienced by the members in the conduct of the profession
and to strive for solving the same.
- To study problems of Accountancy, Audit, and Commercial
and other Laws affecting Taxation and to keep a close
watch on the practical working of the income Tax and other
taxation laws, and in the light of cumulative experience
to approach the authorities for clarifications of ambiguities
and for removal of provisions creating hardships of practitioners
as well Tax Payers.
- To foster and maintain closer connection with various
Mercantile Associations, Chambers of Commerce and other
Trade Organizations, to discuss matters relating to Fiscal,
Financial, and Taxation Policy of the Government, to enlighten
Tax Payers On Various matters affecting their Interest
and to make representations to Government and Legislative
bodies.
- To seek recognition of the Association by the Income
tax Revenue and other Government Authorities as the Sole
Spokesman of the profession.
- To establish and maintain a Library and Reading Room
for the benefit of members and to subscribe, to literature,
Journals, magazines, periodicals and other publications
dealing with Taxation, Law, Accountancy, Audit and Allied
subjects.
- To provide for social and recreational amenities for
the members of the Association.
- To raise subscriptions and donation and to accept gifts
for the purpose of furthering the object of the Association
and to spend maneys in accomplishing these objects.
- To purchase, take on lease or in exchange, hire or otherwise
acquire any property moveable or immoveable which may
be deemed necessary or convenient for any of the purposes
the Association.
- To prints and publish any news or views, magazines,
papers, periodicals, books, pamphlets or leaflets that
the association may think desirable for the promotion
of its objects.
- To manage, sell, lease, mortgage, dispose of, or otherwise
deal with all or any part of the property of the Association.
- To borrow or raise moneys is such manner as the Association
may deem fit.
- To invest any moneys of the Association not immediately
required in such manner as may be determined from time
to time.
- To open, maintain, adjust, state, operate and close
Banking Accounts of every descriptions, to draw, issue,
accept, make, endorse, negotiate, and deal otherwise with
all cheques, bills bills of exchange, drafts, hundies
and other negotiable instruments of all kinds.
- To establish funds, trusts, and other conveniences calculated
to benefit the employees or ex-employees of the Association
or the dependents of such person and to grant pensions,
allowances, or to extend other aid.
- To do all such other things as are incidental or conducive
to the attainment of the above objects or any of them.
- To render financial help to the surviving dependents
of a deceased member or to such members as may have become
incapacitated for performance of their normal professional
duties and for the achievement of the aforesaid object
to extablish such funds or float such schemes as may be
necessary and feasible.
- To affiliate or integrate with any national or regional
association of tax consultants or practitioners as may
have been established for subjects similar to those of
the Income Tax Bar Association, Karachi.
Application of income
4. The Income and property
of the Association, wheresoever derived shall be applied
solely towards the promotion of the object of the Association
and no portion thereof shall be paid or transferred, directly
or indirectly, by way of dividends, bonus or otherwise however
by way of profits to member of the Association. Provided
the nothing herein contained shall prevent the gratuitous
distribution among or sale at a discount to subscribers
to the funds of the Association for any books or other publication.
Whether published by the Association or otherwise nor the
payment in good faith of remuneration to any officers or
servants of the Association or to any members thereof, or
other persons, in return for any services actually rendered
to the Association nor the payment of interest at a rate
not exceeding 2% above the Bank rate per annum on money
borrowed form any member of the Association.
Condition on Licence
5. The fourth and tenth paragraphs
of this Memorandum are condition on which a licence is granted
by the chief Commissioner, Karachi Administration Area (Karachi)
to the Association in pursuance of section 42 of the Companies
Ordinance 1984.
Liability of Members
6. The liability of the members
is limited.
Contribution on winding-up
7. Every member of the Association
undertakes to contribute to the assets of the Association
in the event of the same being wound-up during the time
that he is a member or within one year afterwards for payments
of the debts and liabilities of the Association contracted
before the time at which he ceases to be a member and of
the cost, charges and expenses of winding-up the same and
for the adjustment of the right of the contributories amongst
themselves such amount as may be required not exceeding
one hundred rupees, or in case of his liability becoming
unlimited, such other amount as may be required in pursuance
of the last preceeding paragraph of this Memorandum.
Determination of property
of Association
8. If upon winding up or dissolution
of the Association there remains after the satisfaction
of all its debts and liabilities and property whatsoever
the same shall not be paid to or distributed among the members
of the Association but shall be given or transferred to
same Charitable Institution to be determined by the members
of the Association in their discretion at or before the
time of dissolution and in default thereof by the then president
of income Tax Tribunal.
Accounts
9. True Accounts shall be kept
of the sums of money received and expended by the Association
and of the matter in respect of which such receipts and
expenditure taken place, and of property, credit and liabilities
of the Association and subject to any reasonable restriction
as to the time and manner of inspecting the same that may
be imposed in accordance with the regulations of the Association
for the times being. Shall be open to the inspection of
the members, once at least in every year the account of
the Association shall be examined and the correctness of
the balance sheet ascertained by one or more registered
Accountants.
Amendments
10. No addition, alteration
or amendment shall be made in the Memorandum of Association
or requisition contained in the Articles of Association
for the time being in force unless the same shall have been
previously submitted to and approved by the Government.
We the several persons whose
name whose names and addresses are subscribed here below
are desirous of being formed into Association in pursuance
of these Articles of Association.
S. No. |
Name of
The Subscribes |
Description |
Address |
1 |
Ismail D. Lambat, Esq. |
President |
C/o Lambat & Co.,
Valika Chambers, (2nd Floor) South Napier Road, Karachi |
2 |
H. Shahban, Esq. |
Vice-President |
C/o Gangat Shaban &
Co., Kutchery Road, Karachi. |
3 |
Mirza Adam Khan G.
Esq. |
Hon. Secretary |
155, North Napier Road,
Karachi. |
4 |
Ismail E, Bhaimia,
Esq. |
Member M.C |
C/o Habib & Co.,
Safe Deposit Chambers, Dunolly Road, Karachi. |
5 |
Shaukat Ali Syed, Esq. |
Member M.C |
No.3, Cosmopolitan
Hotel Bunder Rd. Karachi |
6 |
Gufran Ahmed, Esq. |
Member M.C |
C/o M/s G. Ahmed &
Co., Opp: Mereweather Tower Karachi. |
7 |
Masud Ahmed
Abbasi, Esq. |
Member M.C |
C/o. M/s Abbasi &
Co. Old Currency House, McLeod Road, Karachi |
8 |
Mubin-ul-Haq Siddiqui,
Esq. |
Member M.C |
C/o Mubin Siddiqui
& Co., Khalil Yasin, & Saleh Mohammad St.
Bunder Road, Karachi |
9 |
Y.S Shaikh,
Esq. |
Hon.
Joint Secretary |
M/s. Shaikh
& Co., 76, Muljee Jetha Market, Newnaham Road,
Karachi. |
10 |
Silar Shah, Esq. |
Member M.C |
No. 10, Tribuvandas
Building, Frere Road, New Challi, Karachi. |
Karachi dated this 12th
day of July 1956.
Withness to the above signatures.
A.N. MEGHANI Advocate,
Valika Chambers, South Napier Rd.
Karachi.
Articles of Association
of
The Income Tax Bar Association, Karachi.
| Definitions: |
1 |
In these Articles Unless There is
something in the subject matter or Context inconsistent
therewith.
- "Association" means "The Income Tax Bar
Association, Karachi i".
- "Member" means a member of this Association
and includes an Associate Members
- "Meeting" means a meeting of the members of
the Association or, of the Executive Committee
of the Association as the case may be.
- "Committee" means the Executive Committee of
the Association.
|
Interpretation
|
| Interpretation |
2 |
These Articles shall be construed
with reference to the provision of the companies
Ordinance 1984 and the Terms used in these Article shall
be taken as having the same respective meanings as they
have when used in the Act.
|
Application of Table 'A' |
3 |
Provisions of Table 'A' to the
First Schedule of the companies Ordinance 1984 shall
apply where no similar provision are made in these
Articles: and the same shall be deemed to have been
excluded to the extent to which similar provisions have
been made in these presents.
|
| Membership
Unlimited |
4 |
For the purpose of
Registration the number of members is declared to
be unlimited.
|
Qualification of Membership |
5 |
Any person duly qualified under the provision of
section 157 of the Income tax Ordinance, 1979 shall
be eligible for Membership of the association provided
he or she:
- Agrees to abide by the rules and regulations
of the Association.
- Has been an Associate Member of the Association
continuously for a period of not less that 365
days.
- Is not employed as a salaried person in any
capacity other than of a tax or legal practitioner
or accountant as defined under section 157(b)
of the income tax Ordinance. 1979.
- Is found suitable and
competent by the Executive committee for membership of
the Association
|
| Founder
Members |
6 |
The
person whose name appear in the Schedule hereto shall be
deemed to be the founder Members of the association and
shall be deemed to have been admitted to
Membership.
|
| Admission
Fee |
7 |
Every person at the time of
enrollment as a temporary member shall pay to the
Association as admission fee of Rs. 500/- (Rupees five
hundred only).
|
| Annual
Subscription |
8 |
Rs.180/- (rupees One
Hundred and eighty only) shall be the
Annual Membership fee of the
Association which shall be paid by the Members as well
as the Associate Members of the
Association.
|
Register of Members |
9 |
The Secretary of the Association shall keep a Register
of all Members of the Association, in which shall
be entered in separate columns the following particulars
as regards each members Viz:
- The full name of the member,
- The address and occupation of the members
- The date when the members became a member, and
- If and when the members cease
to be a member, the date of such ceasure.
|
Change of Address of Members |
10 |
Any
Member changing his address shall forthwith give notice
in writing thereof to the Secretary of the Association
and there upon the particulars relating to such member
contained In each of the said Registers shall be altered
accordingly by the secretary.
|
Scope of Activities |
11 |
The
Association is established for the purpose mentioned in
The Memorandum of Association and its business
includes everything within the scope of these
objects.
|
| |
12 |
The Management of the
Association shall vest in a committee called the Executive
committee which shall consist of the president, Vice
president, the Honorary Secretary, the honorary Joint
Secretary, the Librarian and Eight Members. The office
bearers and the Members of the Executive Committee
shall be elected in the manner hereinafter provided.
The
President and the Honorary Secretany for the immediately
Preceding year shall be co-opted as Member of the
committee if not elected as office bearers or Members of
the Executive Committee for the Current years, otherwise
the said Committee shall have power to co-opt not more
than two members From amongst the members of the
Association as may be Eligible to be elected as members
of the Executive Committee.
|
| |
12-A |
"The
Executive Committee may invite one or more
member/members Association as observer to attend
specific meeting. Such Members or members shall advise
the committee on the technical aspects of the subject
under discussion but shall not vote in such
meetings.
|
| First
Executive Committee |
13 |
Till the first Annual General Meeting of the Association
is held, the following persons shall be the members
of the Executive Committee.
1 |
Ismail D. Lambat |
President |
2 |
H. Shahban |
Vice-President |
3 |
Mirza Adam Khan
G. |
Hon. Secretary |
4 |
Y.S
Shaikh |
Joint
Secretary |
5 |
Ismail E, Bhaimia |
Member, E.C |
6 |
G. Ahmed |
Member, E.C |
7 |
Mubin-ul-Haq
Siddiqui |
Member, E.C |
8 |
Syed Shaukat |
Member, E.C |
9 |
Silar Shah |
Member, E.C |
10 |
Masud
Ahmed Abbasi |
Member, E.C |
|
| |
13-A |
The President shall be the Chief Executive of the
Association and with the consensus of the Members
of the Executive Committee shall look after the
day to day policy matters of the Executive Committee
shall look after the day to day Policy matter of
the Association. Amongst other things he Shall,
subject to Article 21:
- Operate bank account or accounts of the Association
jointly with the Secretary.
- Make representations to the authorities concerned
with regard to all matters of interest of the
members of the Association.
- Preside over the meetings of the Executive Committee,
Annual General Meetings and Special General Meetings
of the Association.
- Have power to suspend or dismiss members of
the staff of the Association.
- Exercise overall control over the day to day
Affairs of the Association.
|
| |
13-B |
The
vice President of the Association shall exercise such
powers and perform such duties as may be assigned to him
by the President and in his absence he shall preside
over the meetings of the Executive Committee, Annual
General Meetings And Special General Meetings.
|
| |
13-C |
The Secretary Shall be the Chief Administrator
of the Association and under the guidance of the
president and the Executive Committee shall look
after the day to day affairs of the association.
Amongst other things he shall:-
- Operate the bank account or accounts of the
Association jointly with the President.
- Maintain day to day account books of the Association
wherein all receipts and disbursements shall be
truly recorded.
- Prepare the Annual Accounts and the Balance
Sheet and get the same audited by the Auditors
of the Association.
- Receive all a moneys on behalf of the Association
and issue necessary receipts against the same.
- In consultation with the president, prepare
the agenda for the meetings of the Executive Committee,
Annual General Meetings and Special General Meetings
if any.
- Record the minutes of the meetings of the Executive
Committee, Annual General Meeting and Special
Meeting if any.
- Keep up to date record of the Membership of
the Association with complete names, Addresses
and telephone numbers of the Members.
- Do everything as may be necessary in the discharge
of his duties.
|
| |
13-D |
The Joint Secretary of the Association shall perform
such duties as may be assigned to him by the secretary
and in his absence to perform all such functions as have
been provided in these articles, for the
Secretary.
|
| |
13-E |
The
Librarian shall in consultation with and under the
general supervision of the Executive Committee, Keep an
upto date record including proper stock register of the
books belonging to the Association. The Executive
Committee shall frame such rules as may be necessary for
the issue of books belonging to the Association for the
purpose of reference only.
|
Election of Executive Committee |
14 |
The
election of the office bearers including members
of the Executive Committee, of the Association,
which shall be by secret ballot, shall be he held at the
Annual general Meeting and the members elected at such
elected shall election shall hold office for one
year.
|
Member's Right of Voting. |
15 |
Every member of the Association
shall be entitled to vate at such election provided that
he is not in arrears of the yearly subscription for more
than one year as on the eve of such election.
|
Right of Contesting Election |
16 |
Every member of the Association
shall be entitled to contest the election for any office
provided he is not in arrears of in respect of his
yearly subscription on the last date for filling the
nomination papers.
Provided further no person shall be eligible to
contest for any office unless he has been a member of
this Association continuously for periods as mentioned against each
office.
1 |
President |
10 years |
2 |
Vice-President |
7 years |
3 |
Honarary Secretary |
7 years |
4 |
Honarary
Joint Secretary |
5
years |
5 |
Librarian |
5 years |
6 |
Member Executive
Committee |
3 years |
|
Filling of Nomination Papers |
17 |
"Every Member desirous of being a candidate for
any office of the Association or for membership
of the Executive Committee shall deposit in a sealed
box placed for this purpose in the bar chamber his
nomination paper in the form prescribed by the Executive
Committee duly proposed and seconded by two members
of the Association qualified to vote on the date
of such proposal at least 15 days before the days
of election alongwith a non-refundable fee payable
in cash or through a bank draft in favour of all
Income Tax Bar Association, Karachi, as per following,
schedule
FOR THE POST OF:
| President / Vice-President |
Rs. 500 |
| Honarary Secretary |
Rs. 300 |
| Joint Secretary |
Rs.
200 |
| Librarian |
Rs. 200 |
| Membership of
the Executive Committee |
Rs. 200 |
Provided however, no member shall
propose or second more than one candidate for the
same office and more than 8 candidates for, membership
of the Executive Committee.
Provided further a
candidate may. If he so desires, deposit more than one
nomination paper on payment of a further fee of Rs. 20/-
(Rupees Twenty only),for each additional nomination
paper.
|
Conduction of The Election |
18 |
The election of the office bearers including Members
of the Executive Committee shall be conducted by
the Election Commissioner who shall be appointed
by the Executive Committee at least 30 days before
the date fixed for holding the Election the Election
Commissioner shall scrutinize the nomination papers.
He shall have power to accept or reject any nomination
paper for reasons given in writing and to hear appeals
against such acceptance or rejection and decide
the same with in two days.
"That on the date and time fixed for
scrutiny, the nomination papers found in the sealed
box shall be taken up for scruting one by one. The
first eight nomination papers for membership of
the Executive Committee shall be declared valid.
Confirming to the requirements of clause 17. All
subsequent nomination papers proposed or seconded
by the same members for the same post or for membership
the Executive Committee shall be declared in-valid
by the Election Commissioner.
The Election Commissioner shall be
assisted by as many members as may be nominated
by him from amongst the member of the Association
who may not be Contesting for any post in the election.
The Election Commissioner shall perform all Functions
necessary for the proper conduct of the election
and his decision in all matters relating thereto
shall be final and binding.
That at the time of polling
every member eligible to vote, shall cast his vote, in
favour of eight candidates for membership of the
Election Committee failing which the ballot paper shall
be declared in valid by the Election Commissioner in
respect of the election of member of the Execution
Committee.
|
| |
18-A |
No
Associate member shall be eligible to seek election to
any office of the Association to propose or second any
candidate seeking election to any post of the
Association to vote in the Annual Election, Annual
General Meeting or any special general Meeting of the
Association.
|
Cooption of Member and Filling of Casual
Vacancy |
19 |
The Executive Committee
may at its meeting by a majority of votes than present
fill up any casual vacancy on the Executive Committee
whether arising from death or resignation of a member
or from any other cause.
|
Retirement of Member of Executive Committee |
20 |
The
members of the Executive Committee Including coopted
members and those elected to fill up casual vacancies
shall hold office till the next Ordinary General Meeting
of the Association when they shall retire and fresh
Executive Committee be elected. The members of the
Executive committee so retiring shall, however, be
eligible for re-election.
|
| Management |
21 |
The
Executive Committee shall subject to the provisions of
any relevant legislative enactments and of these
presents and to any regulation and directions not being
inconsistent with these present which may from time to
time be made or given by the Ordinary or Special General
meeting (but so that resolutions of the said meetings
shall not render in valid anything previously done by
Executive Committee and which would have been valid in
the absence of such resolutions) Conduct and manage all
the business & affairs of the Association and
exercise all such powers, authorities and direction and
do all or any such acts and things whatsoever as under
the Association's Memorandum or otherwise could lawfully
could lawfully be exercised or done by the Association
so that the generality and scope of the power's
conferred upon the Executive Committee and the scope of
the Articles shall not be in any way prejudiced or
restricted or limited by reasons of any particular
powers not being expressely conferred upon the Executive
Committee by and of these Articles.
|
Power of the Executive Committee |
22 |
The Executive Committee in the exercise
of the Association by these presents made exercisable
by the may affix the seal of the Association to
any petition, memorial, deed or other instrument
and may institute, carry on, defend, discontinue
or compromise and action or other proceedings claims
and demands on the part of or against the Association
or on behalf of or against its members or any of
them or against and any other party or parties,
and may submit to arbitration any such proceedings,
claims or demands and any differences arising between
the Association and any other
party or parties (whether members or not),
and perform, and observe any award in any such arbitration
or take such steps as and if they think proper for
varying or setting aside any such award.
"The Executive
Committee shall also establish such funds or float such
schemes as may be necessary and feasible for the purpose
of rendering financial help to the surviving dependents
of a deceased member or to such members as may have
become incapacitated for performance of their normal
professional duties and to frame necessary rules to
regulate the working of such funds or schemes."
|
Meeting of the Executive Committee |
23 |
The
Executive Committee shall hold a meeting at least once a
month on such a day as may be convenient or oftener at
their Discretion. Notice of all meetings of the
Executive Committee shall be given not less than three
clear days before such meeting to all members of the
Executive committee specifying the nature of the
business to be transacted, not withstanding the above,
the President or in his absence the Vice-President may
at his discretion call a meeting of the Executive
Committee at shorter notice then three clear days if in
his opinion days if in his opinion the business to be
transacted is urgent and requires immediate disposal. No
business of the Executive Committee shall be transacted
shall be transected unless a quorum is present within
half an hour from the time appointed for the meeting the
meeting shall be adjourned to some other date on which
the business of the meetings shall be transacted the
member present forming a quorum.
|
Absence from Meeting of Executive |
24 |
If
any member of the Executive Committee shall at any time
cease to be a member of the Association he shall cease
to be a member and in case any member of the Committee
for any Continuous period of three calendar mouth
reckoned from the date of a Meeting which he shall not
have attended, omit or neglect to attend the Meeting of
the Executive Committee of which he is a member, without
special leave of the Executive Committee (to be granted
in case illness or other Reasonable cause of absence)
then he shall, on the expiration of such three calendar
month cease to be member of the Executive Committee of
which he is a member and the vacancy thereby cause shall
be filled up by the Executive Committee.
|
Minutes of the Meetings |
25 |
The Committee shall cause minutes to be made in
book Provided for the purpose of the following matters,
namely:-
- of the names of all the members present at every
meeting of the members.
- of all the appointments of officers and to the
Executive Committee.
- of all the proceedings of all Ordinary and Special
General Meetings.
- of all the proceedings of all Meetings of the
members and of Executive Committee.
Every entry in the Minute book
of the proceedings of any meeting of the Executive
Committee or of any Ordinary or Special General Meeting
purporting to be signed by the chairman of that Meeting
or of the next subsequent meeting shall in the absence
of proof to the contrary be deemed to be a correct
record, and an original proceeding of the Association
accordingly and in every case the burden of proof of
error shall be wholly on the person making any objection
to the entry.
|
Framing of Bye-Laws |
26 |
The Executive Committee may from time
to time make Bye-laws or standing order for further
regulation the business of the Association, Provided
that no such bye laws or order be inconsistent with
the object of the Association or these Articles
or amount to such an alteration or addition to the
Articles as could only legally be made by a special
resolution.
"Provided such
bye-laws shall have to be ratified and confirmed by a
Special General Meeting within three mouths from the
date of framing of such bye-laws."
|
Application of funds |
27 |
- All moneys received by the Association whether
in respect of admission fees. Annual Membership
fees, Subscription or donation shall be applied
solely in carrying out the object of the Association
and in discharging the liabilities incurred by
the Executive Committee in the interest of the
Association or its members.
- The Executive Committee shall have power to
approve and grant sanction for any estimate of
proposed expenditure or liabities incurred or
proposed to be incurred.
- The bank Account or Account
of the Association shall be kept with any Scheduled
bank or bank as may be approved by the Executive
Committee. The bank account or account shall be
operated jointly by the President or in his absence by
the Vice-President and Honorary Secretary or in his
absence by the joint Secretary. Provided, however, the
period of such absence exceeds 30 days without break.
|
Submission of accounts |
28 |
At
each Annual General Meeting of the Association the
Accounts and Balance Sheet for the year ending on the
31st day of December of every year, shall be presented
and the certificate and report of the Auditors thereon
read and received.
|
Annual report of the Executive Committee |
29 |
The
Executive Committee shall prepare and present at each
Annual general meeting a report of their Activities
pertaining to their terms of office and of such general
matter as they deem proper and expedient.
|
Restriction on members |
30 |
No member shall:-
- Indulge in conduct which is unprofessional
or calculated to reflect upon the character of
the member or on the sanctity of the profession.
- Indulge in conduct by which the honour/or the
dignity of the Association is compromised or any
directive, instruction or decision of the Association
or of the Executive committee is flouted.
- Accept any engagement through a tout.
- Pass any unbecoming remarks against other members
of the Association members of the Executive Committee
or office bearers and shall not in any way show
disrespect towards his seniors.
- Act in any manner as may be termed degrading
or otherwise lacking affection towards his juniors.
- Fall to bring to the of the
Executive Committee any violation by any member of any
of the provisions contained in these articles.
|
Power to Deal with Offending Members |
31 |
The Executive Committee is hereby empowered and
authorized:
- to detect or cause to be detected by all legitimate
means any irregularity. Violation or infringement
on the part of any member or members of the Associate
of any of the Articles, Rule or Resolutions passed
at a Meeting of the Executive Committee or at
any Ordinary or Special General Meeting of the
Association.
- to receive written complaint of the conduct
of any members and to consider and investigate
the same.
- to give reasonable notice in writing to such
member or members of the Association, Who according
to the report of the executive committee has or
\have been guilty of any such irregularity, violation
or infringement against whom any written complaint
is received calling upon such members as the case
may be to plead to charge or charges.
- to fix a date for the consideration of said
Charge or charges.
- to give their decision on such charge charges.
- "To expel from the membership of the Association
or to censure and \ or to impose a fine on any
member found guilty of such misconduct, irregularity,
violation or infringement. The fine shall not
exceed Rs: 500/- and shall be recovered from him
as arrears of Annual Membership fee. Any member
who has been expelled from the membership of the
Association or censured and find may appeal to
a special general meeting of the Association which
shall be convened on the written application of
such member within 30 days of the receipt of such
application by the HON: secretary. The special
general meeting shall have power to annual, amend
or confirm the action of the executive Committee
by a simple majority and such decision of the
special general Meeting shall be final and binding
on the parties concerned and shall be enforceable
in law. If a member is expelled he shall forthwith
cease to be a member forfeits all his interest
and privileges in the Association as from the
date of the decision of the Executive Committee
taken against him. Such member shall not be entitled
to the return of any part of his subscription
nor to the return of any money paid to the Association
by him for fees and fines and shall further be
liable to pay all the arrears as may be outstanding
him as on the date of expulsion.
Provided however, the Executive
committee shall not have power to expel any member of
the Executive committee which can be done only by a
special general Meeting which the president with the
concurrence of the executive Committee, may convene in
accordance with the Provision of Clause 34".
|
Termination of Membership |
32 |
A person shall cease to be a member of the Association:-
- On his expulsion from the Association or if
he resigns from his membership.
- On his being declared of unsound mind by a competent
court or on his being convicted for an offence
involving moral turpitude by a competent court.
- On his being adjudged
insolvent.
|
Notice to Defaulting Member and re enrolment |
32-A |
Any
member who is in arrears of more than one year's
subscription, his name shall be liable to be3 struck off
the roll of member after the expiry of 60 days notice in
writing, provided , however, that he may be enrolled
again if he pays the arrears including the amount of
subscription from the date his name was struck off the
roll of member till the date of his re-enrolment.
|
Ordinary General Meeting |
33 |
An
annual General Meeting shall be held once in each year
at such time or place as the Association may from time
to time prescribe but in any case on or before the last
Friday of January. Provided however under the amended
Articles of Association the next Annual General Meeting
shall be held in the mouth of January, 1983.
|
| |
33-A |
Twenty one days clear notice of
every Annual General Meeting shall be given to the
members with particulars of matters to be brought
forward and business to be transacted thereat. Any
member desirous of moving any resolution at the Annual
General Meeting shall give notice thereof in writing to
the Secretary not less then seven clear days before the
date of the meeting, Such General Meeting shall be
called Ordinary General Meeting and all other meeting of
the General body shall be called Special.
|
| |
34 |
The
president or the Committee may, whenever they think fit,
convene a special General Meeting of the Association.
Notice of an extra ordinary General Meeting shall be
sent to the member at least twenty one day before the
date of the Meeting provided that, in the case of an
emergency effecting the business of the Association the
Registrar may on the Application of the Association
authorize such meeting to be held at such shorter notice
as he may specify.
|
| |
34-A |
The Committee shall upon a requisition made in
writing by ¼ or more permanent member of the Association
and addressed to the Secretary at the Registered
Office of the Association direct the Secretary to
convene a Special General Meeting.
A Special General Meeting
convened on such requisition shall be held with in 30
day from the receipt of such requisition at the
Registered Office of the Association and of which 21
days clear notice must be given to the members. Any such
requisition made by members shall state the object and
particulars of matters for which the meeting is convened
and no business of which such notice shall not have been
given shall be transacted at such meeting and if such
meeting is not convened within 30 (thirty) days from the
receipt of requisition the requisitionists may
themselves convene a meeting by giving 21 days notice to
all members specifying the object for which the meeting
is convened.
|
Special Meeting of Executive Committee |
35 |
The
president on the request in writing of at least three
member of the Executive Committee shall convene a
special Meeting of the Executive Committee. Such request
must state the object for which meeting is convened. 3
(three) days clear notice in case of a Special Meeting
of Executive Committee shall be given to all Members of
the Executive Committee specifying the object for which
the meeting is convened.
|
Power to Alter and Amend Articles |
36 |
Any
of the Provisions of the Articles of Association may be
revised, altered, amendedadded, or replaced by a vote of
2/3rd of the Member present at a Special General Meeting
convened for the purpose of which 21 days clear notice
shall be given to all the members specifying the
proposed alterations, amendments, omission or
additions.
|
| |
37 |
No
business shall be transacted at any Ordinary or Special
General Meeting unless a quorum of twenty five percent
of the total voting power of the members is present at
the commencement of such business.
|
Absence of Quorum |
38 |
If
within half an hour from the time pointed For the
meeting a quorum is not present the meeting if called
upon the requisition shall be dissolved, in any other
case, it shall stand adjourned to the day in the next
week at the same time and place and if at the adjourned
meeting a quorum is not present within half an hour from
the time appointed for the meeting the members present
being not less than two shall be a quorum.
|
Chairman of Meetings |
39 |
The
president of the Executive committee or in his absence
the Vice-President, shall preside as Chairman at every
meeting of the Association. The absence of the President
and the Vice-President from any such meeting, the
Chairman of the meeting shall be elected by the majority
of the members present.
|
Power to Adjourn Meetings |
40 |
The
Chairman may, with the consent of the majority of the
member present at the meeting, adjourn any meeting from
time to time, but no business shall be transacted at any
adjourned meeting other than the business left
unfinalised at the meeting from which the adjournment
took place.
|
| Voting |
41 |
All questions at the General Meeting or at the
Meeting of the Executive committee shall be-decided
by majority of members present and voting at such
meetings. Every member shall have one vote. In case
of an equality of votes the president shall exercise
a casting vote. Unless a poll is demanded by at
least 5 members the matter shall be decided by show
of hands and a declaration by the president that
a Resolution has been carried and an entry to that
effect in the minute books shall be conclusive evidence
of the fact.
If a poll is demanded in the
manner aforesaid the same shall be taken at such time
and in such manner as the president directs, and the
result of such poll such be deemed to be the resolution
of the Association in the meeting.
|
No voting By Proxy |
42 |
Proxies shall not be recognised;
and member who are not present shall not be allowed to
vote.
|
Objections of votes |
43 |
No
objection shall be made to the Validity of Any vote
except at the meeting or poll at which such vote shall
be tendered and every vote not disallowed, at such
meeting shall be deemed valid. The chairman of the
meeting shall be the sole and absolute judge of the
validity of every vote tendered at any meeting or
poll.
|
Appointment of Auditors |
44 |
The
Association shall, at every Ordinary General Meeting
appoint an Auditor to Hold Office for the ensuing Year,
and shall fix remuneration (if any) to be paid for his
services. No member of the managing Committee of the
Association shall be capable of acting as an auditor
concurrently. Any vacancy in the office of an auditor
may be filled up by the Executive Committee but the
person appointed to the vacancy shall hold it only for
the same time and on the same conditions as his
predecessor would have held it if the vacancy had not
occurred.
|
| Seal |
45 |
The
Executive Committee shall provide a Common Seal for the
purpose of the Association. The Seal for the time being
of the Association shall be Kept under such custody and
control and used for the purpose of the Association as
the Executive Committee Shall prescribe. The seal shall
not be affixed to and any document except as authorized
by the Executive Committee and all instruments to which
the seal is affixed shall be countersigned by the
Secretary or some other person appointed on his behalf
by the Executive Committee.
|
Winding up of The Association |
46 |
- The Association will be wound up or Dissolved
if ¾ of the members on the roll eligible for voting
vote for winding up or dissolution of the Association.
- In case the Association is resolved to be wound
up or dissolved as mentioned in Para 46 (a) and
three remains. After the satisfaction of all debts
and liabilities any property and esset whatsoever
the same shall not be paid to or distributed among
the members of the Association but may be given
or transferred to some other Institute having
similar aims and object to be determined by the
members of the Association in their discretion
at or before the time of dissolution and in default
thereof by the then president of Income Tax Tribunal.
- The Institute to which the property and the
assets of the Association are to be transferred
on winding up or dissolution of the Association
shall be selected by a majority of the members
on the roll eligible for voting.
|
We the several persons whose
names and addresses are subscribed here below are desirous
of being formed into an Association in pursuance of these
Articles of Association:
S. No. |
Name of
The Subscribes |
Description |
Address |
1 |
Ismail D. Lambat, Esq. |
President |
C/o Lambat & Co.,
Valika Chambers, (2nd Floor) South Napier Road, Karachi |
2 |
H. Shahban, Esq. |
Vice-President |
C/o Gangat Shaban &
Co., Kutchery Road, Karachi. |
3 |
Mirza Adam Khan G.
Esq. |
Hon. Secretary |
155, North Napier Road,
Karachi. |
4 |
Ismail E, Bhaimia,
Esq. |
Member M.C |
C/o Habib & co.,
Safe Deposit Chambers, Dunolly Road, Karachi. |
5 |
Shaukat Ali Syed, Esq. |
Member M.C |
No.3, Cosmopolitan
Hotel Bunder Road, Karachi |
6 |
Gufran Ahmed, Esq. |
Member M.C |
C/o M/s G. Ahmed &
Co., Opp: Mereweather tower Karachi, |
7 |
Masud Ahmed
Abbasi, Esq. |
Member M.C |
C/o. M/s Abbasi &
Co., Old Currency House, McLeod Road, Karachi |
8 |
Mubin-ul-Haq Siddiqui,
Esq. |
Member M.C |
C/o Mubin Siddiqui
& Co., Khalil Yasin, Saleh Mohammad Street, Bunder
Road, Karachi |
9 |
Y.S Shaikh,
Esq. |
Hon.
Joint Secretary |
M/s. Shaikh
& Co., 76, Muljee Jetha Market, New Naham Road,
Karachi |
10 |
Silar Shah, Esq. |
Member M.C |
No. 10, Tribuvandas
Building, Frere Road, New Chali Karachi |
|