ALL INDIA BANK PENSIONERS AND RETIREES CONFEDERATION
ALL INDIA BANKS PENSIONERS AND RETIREES CONFEDERATION

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BYE - LAWS OF ALL INDIA BANK PENSIONERS AND RETIREES CONFEDERATION

1.1. NAME:

The name of the organization shall be
ALL INDIA BANK PENSIONERS AND RETIREES CONFEDERATION.

2.1. REGISTERED OFFICE :

The Registered Office of the Confederation shall be at Kolkata.

2.2. CENTRAL OFFICE :

The Central Office of the Confederation shall be at the place from where the General Secretary functions.

2.3

The Confederation shall establish State Units at all State Headquarters of each State/ Union Territories and/or, at any other centers as necessary for effective administration of the affairs and organizational activities of the Confederation.

2.4

The jurisdiction of the Confederation shall extend to the whole of the territory of India. However, for the purpose of legal proceedings against the Confederation, the jurisdiction shall be limited to the place where the Registered Office is located.

3.1 OBJECTS :

THE OBJECTS OF THE CONFEDERATION SHALL BE:

  • To organize and unite all Pensioners and Retirees from all cadres from the banking industry in India through affiliates and to develop camaraderie to take up the cause of Pensioners and Retirees throughout the country.
  • To federate or confederate all the Associations and/or organizations of Pensioners and Retirees of Banks in Public Sector including RRBs, Private and Co-operative Sectors and other financial institutions as the case may be;
  • To co-ordinate or promote a broader co-ordination through its own initiative with other organizations in India having identical objects and policies of the Confederation.
  • To secure to its members, through negotiation, litigation, collective bargaining or any other constitutional and legal process, adequate compensation for the services rendered by them to the banks during their employment; fair and adequate terminal benefits, welfare facilities such as medical benefits, concessions from the banks which are legitimately due to pensioners/retirees, from time to time;
  • To ensure a representative forum created for the purpose of negotiations, collective bargaining on behalf of the entire pensioners'/retirees' fraternity through the assistance of all the serving unions/associations/ federations/confederations; who have wherewithal and machinery for similar purpose in the banking industry;
  • To encourage thrift and co-operation amongst members through the affiliates and to that end promote cooperative societies/banks/NG0s, etc.
  • To edit and publish books/ periodicals, voicing amongst other matters, grievances of the retired officers and containing matters of interest to them for circulation.
  • To do all such other things as are necessary to further the objectives of the Confederation and / or its affiliates or members.
  • To participate/promote in the socially relevant schemes/ activities for the benefit of the society at large.
  • To establish School/College or Training Institution etc.
  • To take up such other activities as the Managing Committee/Governing Council/ General Body of the Confederation may adopt from time to time.

AFFILIATES/AFFILIATION:

4.1 ELIGIBILITY:

Any organization of Pensioners/Retirees of a Bank, financial institutions, either under public sector or private sector, Regional Rural Banks, Co-operative banks is eligible for affiliation with the Confederation, subject to the Condition that the organization is willing to abide by the policy and philosophy of the organization and adhere to the Bye-laws/ constitution of the Confederation.

4.2 ADMISSION

Any organization as referred in 4.1 desiring to be admitted as an affiliate member shall submit an application on Form - 1 accompanied by :

  • Certified and upto date copy of its Bye-laws and Rules;
  • Copy of latest return filed by it with the appropriate authorities as to their minutes/report/statement of accounts etc., of the General Body.
  • Copy of latest balance sheet and income and expenditure account:
  • List of office bearers and members of the Executive Committee/Council;
  • Resolution of appropriate body seeking affiliation with Confederation and authorizing the General Secretary and / or any other Office bearer to sign the Application and comply with other requirements for admission;
  • Admission Fee as prescribed by the confederation
  • Subscription for the period from the date of application to the end of the financial year of the Confederation. However, the Managing Committee/Governing Council shall have the discretion to decide the effective date of Admission/Subscription.

4.3 PROCEDURE FOR AFNLIATION :

  • All applications for affiliation shall be placed before the Managing Committee/Governing Council/General Body who shall have powers to accept or reject any application without being required to assign reasons for the decision. Provided that in between the meetings of these forums, the General Secretary may grant provisional affiliation to an application, if he is satisfied that prima facie the applicant is eligible for affiliation and has completed the requisite formalities to be ratified at the immediately following meeting of the Managing Committee/Governing Council/General Body
  • Motions for affiliation shall be decided by the simple majority of the respective meetings;
  • Affiliation Certificate shall be issued to the organization on Form-II
  • The Managing Committee/Governing Council/General Body shall have power to waive or relax requirements of clauses (a) to (d) of Article 4.2, if the applicant agrees to comply with these requirements within such time as may be stipulated by the respective meetings;
  • Notwithstanding anything to the contrary contained in Article 7 of the Constitution, if the Managing Committee/Governing Council/General Body does not ratify the provisional affiliation at its immediately following meeting, the affiliation shall cease forthwith.

4.4 ADMISSION FEE :

Every affiliate shall be required to pay admission fee of Rs. 101 /-

4.5 SUBSCRIPTION :

  • Every affiliate shall pay the subscription to the Confederation as may be determined by the Governing Council on the basis of the number of primary members on the roll of such affiliate on the 31st day of the previous year on the basis of actual subscription collected. The rate of subscription shall be Rs. 10/-per annum for every primary member or a fixed amount as decided by the Governing Council subject to a minimum of Rs. 500/-,
  • The subscription shall become due on 1st January every year and shall be paid before the end of March of the year to which the payment relates.
  • If an affiliate commits default in payment of subscription for one year, the Governing Council after due notice to the defaulting affiliate, may strike off its name from the Register of Affiliates.
  • The Governing Council shall have powers to condone delay or default or to extend time for payment or impose fines as the circumstances of the case may warrant.

STATE UNITS AND UNION TERRITORY UNITS :

5.0

Apart from organisations set up by each affiliate of the Confederation for Pensioners and Retirees, there shall be separate units at the level of State and Union Territories consisting of all affiliates of the Pensioners' and Retirees' Confederation to be organised separately. These units will in turn take initiation to set up Units at Districts, depending upon the strength of the Pensioners and Retirees.

(A) STATE COUNCIL/UNION TERRITORY COUNCIL :
  • The State/Union Territory Council consist of members nominated by affiliated organisations on the basis of one for every 100 primary members of each such organisation, having their place of domicile within the State.
  • Members of the General Council having their place of domicile within the jurisdiction of the State/Union Territory Unit shall be ex-officio members of the State Council.
(b) DISTRICT COUNCIL
  • The District Council shall consist of not more than five members nominated by each affiliated organisation, from amongst its primary members having their place of domicile within the District.
  • The members of the State Council having their place of domicile within the District shall be ex-officio members of the District Council.
  • STATE COMMITTEE: The State Committee shall consist of the following office-be rers elected by the State Council from amongst its members in the manner prescribed in the Constitution.
    • President
    • Not more than 6 Vice Presidents
    • Secretary
    • Not more than 5 Organising Secretaries
    • Treasurer
    • Assistant Treasurer
    • One Deputy Secretary from each affiliated organisation.
    • One Assistant Secretary from each District Unit.
  • DISTRICT COMMITTEE :

    The District Committee shall consist of the following office-bearers elected by the District Council from amongst its members in the manner prescribed in this Constitution:

    • President
    • Two Vice-Presidents
    • Secretary
    • Three Assistant Secretaries
    • Treasurer
    • Assistant Treasurer.
    • One member from each affiliate

5.1 GENERAL BODY:

  • On admission and thereafter once in every three years in the month of January, each affiliate shall be required to nominate members to form the General Body of the Confederation on the basis of one member for every 200 primary members of the affiliate subject to a minimum of 2 and maximum of 20. For this purpose, membership less than 50 shall be ignored and above 150 shall be taken as 200 Such nomination shall be on Form-Ill.
  • The members so nominated to the General Body shall hold office during the pleasure of the affiliate and the affiliate shall have the right to recall a member and substitute another in his place by notice on Form-IV to the Confederation such notice shall be signed by the President and General Secretary of the Affiliate.
  • Notwithstanding anything contained in Clause (b), if the member of the Governing Council recalled or substituted by the Affiliate, happens to be an Office Bearer of the Confederation, such member is a member of the Governing Council/Managing Committee. Such recalling or substitution shall take effect only after the Governing council of the Confederation has met and made alternative arrangements for taking charge from such office bearer, so recalled. However that if Managing Committee/Governing Council fails to make such arrangement within a period of 3 months and from the date of receipt of notice on Form-IV, the recall and / or substitution shall take effect at end of the period of 3 months and the office bearer of respective forum shall be deemed to have vacated his post.
  • If, before the expiry of the period of 3 months after a notice on Form-IV is received from an affiliate, and ordinary or special meeting of the General Body is held, the member recalled or substituted shall be permitted to attend such meeting but shall not be entitled to vote on any motion in the house or to participate in the election.
  • The General Body shall be the supreme body of the Confederation and shall have powers to take all decisions relating to policy matters.

5.2 Governing Council :

  • The Governing Council shall consist of office bearers elected by the General Body and representative(s) nominated by Affiliates and as provided in Clause (b) of this article.
  • Apart from the office bearers, each officiate will be entitled to send one represantive each to the Governing Council.
  • It shall be the duty and responsibility of the Governing Council to implement the programmes, policies, and directives of the General Body and to take all such measures as may be necessary within the framework of the Constitution for strengthening the organization and financial position of the Confederation.
  • When the General Body is not in session and the Governing Council/Managing Committee is of the opinion that, it is not feasible to convene a meeting of the General Body to decide any matter of urgent nature; which should ordinarily have been referred to the General Body except the matter set out in Article 8.4(a), the Managing Committee shall have the power and discretion to take such action as may be necessary and report the same to the Governing Council/General Body at the earliest possible opportunity.
  • The Governing Council may at its discretion appoint/ nominate an Advisory Committee, not exceeding 8/10 persons with a minimum of 3 members drawn from the affiliates with a view to avail their experience and guidance.

5.3 MANAGINE COMMITTEE:

The Managing Committee shall consist of the following office bearers elected by the General Council from among its members in the manner prescribed vide Para 5.1 (a) in the Constitution.

A President 1
B Working President 1
C Vice Presidents 4
D General Secretary 1
E Joint General Secretary 1
F Dy.General Secretaries 6
G Treasurer 1
H Deputy Treasurer 1
I Members 8

Depending upon the number of Affiliates and quantum of membership, the Gerarel Body will have the power to increase the number of office bearers and affiliates can nominate from amongst its members only.

5.4 MEETINGS :

The General Secretary shall have powers in consultation with the President of the Confederation to issue notice to the various meetings as per the periodicity mentioned below and convene the same and conduct the business of the meeting as per the agenda;

5.5 PERIODICITY :

General Body Once in 3 years after obtaining the approval of the Governing Council
Governing Council Once in a year
Managing Committee Once in 4 months ie. 3 times in a year

5.6 NOTICE:

General Body 45days
Governing Council 15days
Managing Committee Not less than 7 days, however in case of emergency the General Secretaty in consultation with the President may call the meeting at short notice as well.

Non receipt of notice for any of these meetings by the members concerned shall not invalidate the proceedings;

5.7 ORDER OF PRECEDENCE:

  • The various bodies, constituted under the provisions of the Constitution shall have the following order of precedence in the matter of powers and authority
    • General Body
    • Governing Council
    • Managing Committee
  • In the event of any conflict in the stand, action, policy or decision between any two or more of the above bodies, the decision of the body higher among them in precedence in the above order shall have the over riding effect.

6.1 ELECTIONS :

  • Elections to the various posts of office bearers shall be held at the Triennial Conference of the General Body
  • The General Body shall appoint a Returning Officer; a member of the Council who declares in writing that, he is not a candidate for any post for which elections are to be conducted.
  • Only the members of the General Body shall be eligible to contest the elections.
  • Candidature of every contestant shall, be proposed and seconded by one separate member.
  • Any candidate desirous of contesting the elections duly proposed and seconded who is unable to be physically present at the General Body Meeting for various reasons, may contest by sending the consent letter.
  • Elections shall be held by secret ballot in case of contest.
  • Affiliates/Members who are in default of subscription will not be eligible to participate.

6.2 TENURE FOR HOLDING THE OFFICE :

  • The tenure of office bearers and members of the General Body shall be 3 years. They shall, however, continue to hold office till elections are held at the next Triennial Conference.
  • Nominated members of the Governing Council as well as the Office-Bearers elected in the General Body shall hold office during the pleasure of the Affiliate who have sponsored/nominated them.

6.3 INTERIM VACANCIES:

Vacancies in the Managing Committee/Governing Council caused by death, resignation, or removal shall be filled up by co-option by the Governing Council from amongst the members of the General Body.

7.1

A member removed from membership/office or any organization whose affiliation is terminated by the Governing Council may appeal to the General Body

8.1 QUORUM:

  • The quorum for the meetings of the General Council shall be 50 or 1/3rd of the number of members.
  • For the Governing Council and the Managing/ Executive Committee and the Secretariat, it shall be 1/3rd of the number of members of the respective bodies.
  • If the quorum is not present within one hour of the time fixed for the commencement of the meeting, the meeting shall be adjourned to such time, appropriate date and place as the President may decide. No quorum shall be required for the meeting held after such adjournment.

8.2 BUSINESS:

  • The General Body at its Triennial Ordinary session shall transact the following business :
    • Consider and adopt the General Secretary's report and audited statement of accounts;
    • Appoint Auditors
    • Consider amendments to Bye-Laws, as recommended by the Governing Council and / or the amendment proposed by members for which due notice has been given vide Article 15.2
    • Consider resolutions/propositions/motions recommended by the Governing Council and / or brought forward by members after giving due notice vide Article 15.2
    • Election of Office Bearers
    • 6. Any other matter with the permission of the Chair.
  • The Governing Council/Managing Committee shall transact such business as may have been specified for in the notice calling for the meeting. The President shall however, have the power to permit any other matter to be raised / discussed at the meeting.
  • The special meetings of the General Body shall transact only the business specified in the requisition and / or notice.

8.3 DECISIONS :

  • The decisions of the General Body, Governing Council and Managing Committee shall be binding on the members. All motions before the General Body, Governing Council, Managing Committee unless otherwise specifically provided in this Constitution, shall be decided by simple majority. Each member shall have one vote. The Chairman of the meeting shall not vote except when there is a tie.
  • All decisions of the General Body, Governing council, Managing Committee taken from time to time are binding on all the members of the Confederation.

8.4 EXTRAORDINARY AND REQUISITIONED MEETINGS :

  • Special meetings of the General Body, Governing Council and the Managing Committee shall be called if a requisition signed by I/3rd of the members of the respective bodies is received by the General Secretary or the President. Notice and Quorum for such meetings shall be the same as the ordinary meetings of these bodies. However if quorum is not available within the time specified, the requisition shall be treated as rejected.
  • If the General Secretary or the President fails to convene the meeting within the period of one month from the receipt of the requisition, the requisitionists shall have the right to hold the meeting and transact the business for which the meeting was requisitioned However, if quorum is not available as laid down in 8_1 within the time specified, the decision of the meeting will be invalid.

DUTIES:

9.1 PRESIDENT:

  • The president shall be the Executive Head of the Confederation and his advice and guidance Shell be taken in all matters. He shall preside over all the meetings of the Confederation. The President shall have powers to call emergency meetings of the Executive Committee or Secretariat.
  • Working President:

    The Working President shall preside over all the meetings and exercise all the powers in the absence of the President. He shall assist the President in all matters, give his advice and guidance whenever required.

9.2 VICE PRESIDENTS

The Vice Presidents shall assist the President in the discharge of his duties. In the absence of the President or Executive President, one of the Vice Presidents shall act as the President.

9.3 GENERAL SECRETARY :

The General Secretary shall perform all such functions as are necessary for achieving the objects of the Confederation. He shall conduct all correspondence, convene all meetings, maintain the connected records, and generally exercise control over the affairs of the Confederation. He shall prepare a report on the working of the Confederation and submit the same to the General Body at its Triennial Meeting after obtaining approval of the Managing Committee. The General Secretary shall be responsible for submitting the statements and returns as required under the Trade Unions act or any other legislation.

9.4 JOINT GENERAL SECRETARY:

The Joint General Secretary will assist the General Secretary in all matters and carry out such duties as assigned by the General Secretary. In the event of the General Secretary not being available for organizational work for long duration, the Joint General Secretary shall discharge the duties of the General Secretary.

9.5 DY. GENERAL SECRETARIES :

The Deputy General Secretaries shall make periodical reports to the General Secretary on the state of the organization in their respective area of operation. They shall take all steps to promote and secure the interest and image of the Confederation.

9.6 TREASURER :

The Treasurer shall be responsible for collection of subscription and fees, the maintenance of accounts, books and registers, audit, and for presentation of statements to the Governing Council/General Body. He shall have the custody and be responsible for all assets of the Confederation.

9.7 DEPUTY TREASURER:

The Deputy Treasurer shall assist the Treasurer in the day-to- day duties and shall carry on the duties of Treasurer during his absence.

FUNDS AND ADMINISTRATION:

10.1

The financial year shall be from January to December.

10.2

To raise funds, borrow money from banks or other financial institutions secured by mortgage on the property of the Confederation or otherwise or to raise loans on deposits.

10.3

To own, acquire, purchase, sell or lease property including immovable property for carrying on the activities of the Confederation.

10.4

To invest the money of the Confederation not immediately required in such investments as may from time to time be determined by the Managing Committee/Governing Council

10.5

To draw, make, accept, endorse or negotiate cheques, promissory notes, bills of exchange, hundies, and other negotiable instruments in pursuance of the objects of the Confederation.

10.6. CUSTODY :

The funds of the Confederation shall vest in the Governing Council and shall be deposited in a Scheduled Commercial Bank approved by it. The account shall be operated upon by President / General Secretary jointly with the Treasurer/Dy. Treasurer or any other person nominated by the Executive Committee.

10.7

The funds of the Confederation shall not be spent on objects other than those specified in Section 15 of the Trade Unions Act or as specifically authorized by the Governing Council

10.8

With reference to the financial position of the Confederation, the General Body shall decide from time to time the benefits, which Could be given to the members.

10.9

Statement of accounts for the period commencing from the previous meeting of the General Body duly audited by an Auditor appointed by the General Body, shall be submitted to the General Body at the Triennial meeting.

10.10

The books of accounts and other records may be inspected by any Affiliate on giving 7 days notice to the General Secretary

MEMBERSHIP RFGISTER:

11.1

The Confederation shall maintain a Register showing the strength of membership of all its Affiliates.

11.2

The Register shall be made available for inspection by any member Affiliate of the General Council of the Confederation on requisition.

ARTICLE NO. 12.RULES:

12.1

The Governing Council may frame rules not repugnant to the objects and provisions of the Constitution of the Confederation and for all such matters not provided for in these bye-laws.

ARTICLE NO. 13 LEGAL PROCEEDINGS :

13.1

The Confederation, a body corporate, may sue or be sued in the name of its General Secretary or in the name of any other person so authorized by the Managing Committee/Governing Council in respect of its own interests, rights, and obligations.

13.2

The Confederation may take legal proceedings in the name of its General Secretary or in the name of any other person so authorized by the Executive Committee on behalf of its Affiliate members or on behalf of the officers collectively or on behalf of a class of officers, or on behalf of any individual officer, if specifically authorized by him or enforcement of protection of their legal and fundamental rights connected with or arising out of the conditions of service of anyone or more of them.

ARTICLE NO. 14: INTERPRETATION AND REMOVAL OF AMBIGUITIES:

14.1

The Governing Council may issue clarification for removal of ambiguities and such clarifications shall be treated as part of the Constitution. All such clarifications shall be placed before the General Council at its next session for ratification.

14.2

Any dispute in regard to the interpretation of any provision of this Constitution, or action taken by any Committee/Body/Functionary constituted under the Constitution or the Rules made by the Governing Council or any dispute between an office bearer and member or between two members or any dispute relating to the conduct of affairs of the Confederation shall be submitted for arbitration. For this purpose the Governing Council shall constitute a panel of Arbitrators and lay down procedure for reference of disputes for arbitration.

ARTICLE NO.15 AMENDMENTS :

15.1

All proposals for amendments to the Constitution moved by Affiliates shall be placed by the Governing Council before the General Body at its triennial ordinary meeting. All such motions shall require support of two thirds of the members of the Council present and voting.

15.2

Any other member of the General Body desiring to move an amendment to the Constitution shall give notice of the motion to the General Secretary at least 20 days before the meeting.

ARTICLE NO. 16 DISSOLUTION:

The Confederation shall not be dissolved except on a motion passed by 3/4th of the members of the General Body at a meeting specifically convened to consider the motion. The as-sets of Confederation on dissolution shall be disposed of in accordance with the decision of the meeting.

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