AKHIL BHARATIYA GRAHAK PANCHAYAT CONSTITUTION
[Registered under Societies Registration Act, 1860] ‘(Regn..No.S/9194)
MEMORANDUM OF ASSOCIATION
|1. NAME :The name of the association is ‘Akhil Bhartiya Grahak Panchayat’ and will be hereinafter referred to as ‘Panchayat’ in the Memorandum of Association and Rules Regulations made there under.
|2. ADDRESS :The registered address of the Panchayat, is C-4 /156, Keshav puram, Delhi. -110035. or such other place [s] as the Executive committee will decide from time to time. The registered office of the Panchayat shall situate in Union Territory of Delhi.
|3. AREA OF OPERATION :Whole of India will remain the jurisdiction of the Panchayat.
|4. OBJECTS :The aims and objects for which the Panchayat is established are;A.To unite consumers into a closely knit, disciplined cadre organization and to develop organized strong independent consumer movement and to inculcate in them the sense of trusteeship, service and patriotism.
|B. To educate the consumer at large and the members in particular through various means such as books, periodicals, leaflets, video cassettes and other mass media and to make them conscious of their rights & responsibilities and to strengthen the consumer Resistance Movement.
|C. To assist the. consumers to protect their interests against any of the unhealthy practices in the market and to do all within its means to establish their rights.
|D. To disseminate information to the members in particular and the consumer at large in general by arranging lectures, meetings, seminars, exhibitions, documentaries and all possible mass media.
|E. To establish research centers and to conduct higher education centers for activating ‘Bhartiya Grahak Neeti’ of the consumer movement, to start such centers in schools, colleges and universities and to encourage and assist them.
|F. To solve consumers grievances by legal remedies such as filling of suits and proceedings in the courts of Law in the name of ‘Panchayat’ where ever necessary.
|G. To help the nation by making efforts to correct the price structure, distribution and marketing conditions through various consumer activities.
|H.To take all other steps to achieve the goal of socio-economic welfare of the consumers in general, and it’s members in particular.
|I. To strive mainly for safeguarding the rights of the consumers throughout the country. To organize the consumers to fight for their rights. In establishing the rights of the consumers, the ‘Panchayat,’ will not work for profit motive and it will only help to safeguard their interest.
|The Panchayat will also help all organizations with similar objects. The benefits of the Panchayat will not be denied on account of caste, creed, sex, religion and gender.
|J. To do all other acts helping the above referred charitable and social purposes.
|K. The office Bearers of the Panchayat shall not contest any political elections.
|5. All the incomes, earnings, moveable or immovable properties of the society shall be solely utilized and applied towards the promotion of its aims and object only as set forth in the Memorandum of Association and no profit thereon shall be paid or transferred directly or indirectly by way of dividends, bonus profits or in any manner whatsoever to the present or past members of the society or to any person claiming through anyone or more of the present or the past members. No member of the society shall have any personal claim on any movables or immovable properties of the Society or make any profits, Whatsoever by virtue of this membership.
RULES & REGULATIONS
1. Name of the Society :- The name of the society is AKHIL Bhartiya Grahak Panchayat and will be hereinafter referred to as ‘Panchayat’ in the Memorandum of Association and Rules & Regulations made hereunder.
2. Registered office of; the Panchayat :- The registered office of the Panchayat will be in the National Capital Territory of Delhi and is presently located at C-4 / 156, Keshav Puram, Delhi -35. The office of the Panchayat may be shifted to some other place(s) as may be decided by National Executive committee from time to time.
GENERAL BODY OF THE PANCHAYAT
The General Body of the Panchayat shall consist of all the categories of members of the Panchayat as mentioned in part-Ill hereinafter.
FUNCTIONS OF THE GENERAL BODY T SADHARAN SABHA1
The General Body of the Panchayat shall carry out the following functions;
1. To hold at least one Annual General Body Meeting.2. To elect five Active members of the panchayat to be included in the National executive Council after every three years.
3. To review and take note of the work done by National Executive Committee in the preceding year.
4. To discuss the accounts, Income & Expenditure, vis-a-vis, activities carried out by the Panchayat in the preceding financial year and to give suggestions to the National Executive committee in that behalf.
5. To impart guidelines to the National Executive committee preparing the budget for the next financial year.
6. To approve and give its consent about the various activities carried out by the National Executive Committee in the preceding year and to give suggestions for the forth coming financial year.
7.To amend the rules and regulations of the Panchayat by not less than 2/3rd majority of the members of the General Body as and when the amendment is deemed necessary by the Panchayat.
8.The General Body of the Panchayat shall follow the procedure, laid down in section 12 of the Societies Registration Act, 1860 to make any change in its name or to alter, abridge or amend its objects and / or rules and regulations.
PART – III
CLASSIFICATION OF MEMBERS
(A) ORDINARY MEMBERS
A citizen of India who agrees with the aims and objects of the Panchayat and is ready to abide by its rules and regulations and has attained the age of majority shall be eligible to become a member of the Panchayat. This membership is without voting right.
An application in the prescribed form duly signed by the person opting for ordinary membership of the Panchayat shall be submitted in the office of the Panchayat with the necessary membership fee as decided by the National Executive Committee from time to time. Such an application shall be placed before the National Executive Committee for approval. The applicant member shall be informed about the result of his / her application and if it is rejected, the National Executive Committee is not bound to convey reasons for non-acceptance.
|(B)FOUNDER MEMBERSThe persons, by virtue of being initial signatory to the Memorandum of Association and Rules and Regulations of the Panchayat, shall be Founder Members of the Panchayat. They have voting rights.
|(C)ACTIVE MEMBERSThose who devote themselves to the activities of the panchayat by voluntarily participating in the activities of the panchayat for a considerable period of at least two years, shall be considered as an Active Member. The Prant Executive Committee of the Panchayat will decide about Active Membership of the person after receiving the recommendation of at least two members of the Prant Executive Committee of the panchayat.*
|(D) LIFE MEMBERSThose who pay one time life subscription of Rs.5000/= shall be treated as life members, on recommendation of the Natl.Ex.Commiittee.
| (E) INVITEE MEMBERSExperts, scholars, economists, consumer activists or specialists in different disciplines or persons of distinguished status in the country shall be nominated as ‘Invitee Members’ by the National Executive committee. Such members shall not be required to. pay any subscription or membership fee and also shall not have a right to vote.
The executive committee members of the affiliated organizations shall be treated as ex-officio active members and shall have voting rights on the matters pertaining to parent organization i.e. ABGP.
| VOTING POWERS OF THE MEMBERS OF THE GENERAL BODYAll the members except Invitee Members who are enrolled in the register of members at the beginning of the year or up to a particular date in a year as decided by the National Executive committee from time to time, are entitled to vote.
The general body of the organization shall consist of founder members, life members, active members, affiliated members and invitee members.
|CESSATION OF MEMBERSHIPA member, who indulges in any activity against the aims and objects and/ or carries on the activities in competition with the functions of the panchayat or in any way damages its goodwill shall be liable to be terminated as a member of General Body. The decision in this regard shall be taken after providing an opportunity to the member concerned for offering his explanation to the National Executive Committee and the decision taken by it in this regard shall be final and absolutely binding upon such member.
| PART-IVNATIONAL EXECUTIVE COUNCIL [RASHTRIYA KARYAKARIPARISHAD]
The Panchayat shall have a National Executive council which shall include the following members of the General Body.
1. All the founder members of the Panchayat.
2. The Sanghtak of each affiliated prant Grahak Panchayat.
3. Adhyaksha, Upadhyaksha, Sachiv and Koshadhyaksha of each Prant and one lady representative from the prant.
4. In addition to above, 5 active members from each affiliated organization shall be the members of NEC.
|PART V FUNCTIONS OF NATIONAL EXECUTIVE COUNCIL [RASHTRIYA KARYAKARI PARISHAD]
1. To hold at least one Annual Meeting of the parishad to review overall working and to frame policies of the functioning of the organization.
2. To elect the National Executive Committee of the Panchayat after every 3 years.
3. To elect Rashtriya Adhyaksha, Upadhyaksha, Rashtriya sachiv, Rashtriya Koshadhyaksha after every three years.
To review the issues related to the consumers in general and panchayat in particular in the light of objects of panchayat and to suggest improvements in the functioning of the organization.
|PART-VI.NATIONAL EXECUTIVE COMMITTEE [RASHTRIYA KARYAKARINI]
The National President, vice presidents, secretary and, treasurer may nominate rashtriya sanghatak at National level and prant sanghatak at prant level. In additions to the positions created in prant karyakarini, for 3 years
1. National Vice President [Rashtriya Upadhyaksh] – Two
2. Rashtriya Sanghtan Mantri] – One
3. National secretaries [Rashtriya Sachiv ] – One
4. National Joint Secretaries – Two
[Rashtriya Samyukta Sachiv ]
5. National Treasurer [Rashtriya Koshadhyaksh] – One
6. Members of Executive Committee Max.6
[Out of which three should be lady members]
|FUNCTIONS OF THE NATIONAL EXECUTIVE COMMITTEE [RASHTRIYA KARYAKAR1NI]1. To admit new members.
2. To appoint, suspend or dismiss any salaried staff members.
3. To approve annual accounts and annual report including therein the activities of the panchayat
4. To approve the purchase and receive any movable or immovable property, money on behalf of the Panchayat.
5. To approve proposals to raise loans with or without interest or against guarantee or securities for and on behalf of the Panchayat.
|6a:To nominate president and Organizing secretary for the affiliated organization at the prant level and6b:To appoint one representative from NEC or NE council on affiliated organization for coordination with NE Committee. He will be invited member of the executive committee at prant level.
6c: Any proposal to change any appointed office bearer of the affiliated organization shall be undertaken by the National Executive Committee in its meeting, by majority votes.
|7. The National Executive committee, within its jurisdiction can appoint other sub-committees and call back the works entrusted to them
|8. To supervise all the acts and works of the organizations affiliated to Panchayat.
|9. To * decide the amount of fees/ subscription from time to time within its own jurisdiction, and it will frame all necessary bye-rules in that behalf.
|10. To make investments of the funds of the panchayat.
|11. With prior approval of the National ex. Council to mortgage, give on lease or license or transfer in any other manner the moveable or immovable properties of the panchayat.*
|12. To acquire, develop or dispose off the property of the panchayat with prior approval of the Natl.Ex. council.
|13. To collect necessary funds donations by all legal ways for the aims and objects of the Panchayat and to accept or collect or acquire gifts there for.
|14. To take custody of a trust or to conduct a trust. It may act as trustee of other properties, but the conditions for acting for such purpose, should not be destructive to the main aims and objects of the Panchayat nor should they be illegal.
|15. The National Executive Committee will have, for fulfillment of the purpose of the Panchayat, the power to accept any help whatsoever, granted by Governments, other institutions and trusts.
|16. To conduct all litigations and handle legal matters in the name of the panchayat. For this purpose, any one of the office bearers namely the President or General Secretary or any another member authorized will act as party to the litigation or legal matter on behalf of the Panchayat.
|17. To defend all suits and legal matter instituted or conducted against the Panchayat.
|18. To maintain accounts of the Panchayat and to get them audited by a Chartered Accountant appointed by the General Body of the Panchayat. The National Executive Committee will have the power to prepare a budget and to make proper changes therein under the direction of the General Body.
|19. To frame bye -rules in respect of notice, quorum, agenda, method of carrying out resolutions in meetings, until the National Executive Committee frames such bye-rules, the rules made in respect of General Meetings will continue to remain applicable.
|20. To appoint, to fix remuneration and terminate the services of the employees of the Panchayat.
|21. To grant affiliation to the other institutions.It will have the power to review the working of the affiliated institution and to frame rules and conditions for granting affiliation and for its cancellation. and also to decide about the continuation or discontinuation of their affiliation.
|PART-VIIThe organizations which are affiliated to Panchayat will have to observe the directions given by the National Executive committee. Necessary undertaking to that effect can be obtained from such affiliated organizations. The National Executive committee shall have the power to disaffiliate an organization in case of breach of such undertaking.
|[A] FOR GENERAL BODY MEETING1/5 th members of the total strength of General body shall form the quorum for holding meeting of General body. In the absence of the quorum, the meeting shall stand adjourned and shall be held at the same place after 30 minutes. No quorum shall be necessary for such an adjourned meeting.
|[B] FOR NATIONAL EXECUTIVE COUNCIL MEETINGOne third of the total members of the Executive council shall form the quorum of the Executive council meeting. In the absence of the quorum the meeting shall stand adjourned and shall be held at the same place after 30 minutes. No quorum shall be necessary for such an adjourned meeting.
|[C] FOR NATIONAL EXECUTIVE COMMITTEE MEETINGOne third of the total members of the Executive committee shall form the quorum of the Executive committee meeting. In the absence of the quorum, the meeting shall stand adjourned and shall be held at the same place after 30 minutes. No quorum shall be necessary for such an adjourned meeting.
|VIII-(B) EXTRA ORDINARY GENERAL MEETINGSThe National Executive Committee may call an Extraordinary General Meeting of the General Body or National Executive council as required at any time. An Extra ordinary General Meeting can also be called if a requisition made to the president in writing, by not less than 50 members in case of General Body and 30 members in case of National Executive council, stating a specific cause for calling such a meeting. Notice of such meeting shall be issued within three months from the date on which the president receives requisition. Quorum of extra ordinary General Meeting will be the same as in the case of Annual General Meeting.
|VIII-(C) POWERS OF THE OFFICE BEARERS:-
|[a] President (Adhyaksha)To preside over the meetings and to initiate the policies and programs. To instruct the *Rashtriya Sachiv to call the meetings of the Executive committee as and when required. In case of a tie in the meeting the president will have a casting vote. The president will chair the meetings of the General Body, National Executive council and National Executive Committee.
|[b] Vice President (Upadhyaksha)To assist the President and in his absence he will preside the meeting.
|[c] National General Secretary ( Rashtriya Sanghtan Mantri)The major work of the Rashtriya Sanghtan Mantri is to see the growth and development of consumer movement in general and panchayat in particular. He will have the responsibilities to direct, run and develop all the activities of the Panchayat according to the ideology and moral values of Bharatiya Grahak Neeti, to build up the image of the panchayat.
| [d] Rashtriya SachivHe shall keep records of the meetings, carry out correspondence, arrange for meetings and look after day to day working. He shall help the Treasurer in matters of accounts and shall have power to spend up to Rs. 25,000/-or as decided by the National Executive committee at a time, on behalf of the Panchayat. He shall have in his custody all documents, records and property of the Panchayat and shall attend all matters under direction from National Executive committee. He will organise the meetings of the consumers, shall take up the drives for increasing the membership and collection of funds, shall deal with the grievances of the members and consumers by giving guidance, shall maintain close liaison with Government and state and National Level Organisations.
He will appoint, suspend or dismiss any salaried staff members with the approval of NE Committee
|[e] RASHTRIYA SAH SACHIVHe will assist the Secretary in the discharge of his functions* and act in his place during his absence within the area given to him as per the directions of the Rashtriya Sachiv.
| [ f ] Treasurer 1.He will receive and disburse the amounts for and on behalf of the Panchayat. He will look after the funds, assets and Bank Accounts. He shall be responsible for the preparation of the Budgets and final account, get them audited and file them with the appropriate authorities as required by the law in force from time to time.
To prepare for the approval of NEC,
a) Annual accounts and annual report including therein the activities of the panchayat.
b) Proposals for purchase and receipt of any movable or immovable property, assets on behalf of the panchayat and to raise loans with or without interest or against guarantee or securities for and on behalf of the panchayat.
|[g] MembersMembers shall perform all such duties which may be assigned to them by the Executive committee / Executive council from time to time, and will work according to the provisions of societies Registration Act. 1860.
| IX. FUNDS(a). The funds of the Panchayat shall comprise of subscriptions from the members, donations and income from other sources as are decided by the Executive committee from time to time and shall be utilized as decided by the Executive committee.
[b]. Affiliation fees : Affiliation fee is payable by all affiliated units in the Pradesh as per the decision of the Executive committee.
|X. OPERATION OF BANK ACCOUNTSThe funds of the Panchayat shall be deposited in any scheduled or co-operative Bank. The Bank Account shall be operated jointly by any two of the following persons;  Rashtriya Adhyaksha,  Rashtriya Sachiv  Rashtriya sanghtan Mantri 4)Treasurer . Out of these four, treasurer’s signature SHALL BE MUST.
|XI. INVESTMENTSThe funds of the panchayat may be invested in fixed deposit in any bank or other financial institution or may be invested in Government or other securities or properties as per the decision taken by the National Executive committee.
|XII. PROPERTYAll movable and immovable properties shall vest with the panchayat in its corporate character and shall be held by the Executive committee as Trustees. The Executive committee shall have powers to dispose them off or otherwise deal in any other manner with the sanction of the National Executive council.
|XIII. FINANCIAL YEARThe financial year of the panchayat shall be the financial year adopted by the Government of India.
|XIV. AMENDMENTSThe name and the objects of the society or the Rules and Regulations can be amended, altered, added to or deleted by votes of not less than two third majority of total members present in the meeting. The provisions of Sec. 12 a of the Societies Registration Act. 1860 will be brought into effect.
| XV. WINDING UP AND DISSOLUTIONThe Panchayat shall not be dissolved unless two third of the members shall have expressed a wish for such dissolution by their votes delivered in person at a General Meeting convened for the purpose. If upon the dissolution of the panchayat there shall remain after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the panchayat or any of them, but shall be given to some other society having some objects or charitable objects to be determined by the votes of not less than two third of the members present personally or by proxy at the time of dissolution. All the provisions of the societies Registration Act XXI of 1860 as extended to the Union territory of the Delhi will apply to this Panchayat.
We, the office Bearers of the Panchayat declare that this is a true copy of the Rules and Regulations of the Panchayat and we have signed in witness thereof.
|(Office Bearers – Prepare Next page)Sr.No. Name Age yrs. Designation Address Signature