Articles of Association

1. a.
The regulations contained in Table “C” in the First schedule to the Companies ordinance, 1984 shall not apply to the Association except in so fart as they are repeated or contained in these Articles.
  b.
The Rules and Regulations for management of the Association and for observance by members thereof and their representatives shall, subject to any repeal or alternation or addition that may be made hereafter, be those contained in these Articles.
Definitions
2.
In these Articles unless there is any thing repugnant in the subject or context:
   
i.
“Association” means the S.I.T.E. (Sindh industrial trading estate) Superhighway association of industries, KARACHI. The territorial limits of the Association shall be the Gaddap Town Karachi.
   
ii.
“Ordinance” means the Trade Organizations Ordinance 2007.
   
iii.
“President” means the President for the time being of the Association.
   
iv.
“Secretary General” means the Secretary General for the time being of the Association
   
v.
“Committee” means the Executive Committee for the time being of the Association.
   
vi.
“Month” means the Calendar month
   
vii.
‘In writing’ and ‘writing ‘ include printing typewriting, lithography and other modes of representing or producing words in a visible form.
   
viii.
Members” mean members on the Register of the Association. Words importing the singular number only include the plural number and Vice-versa.
   
Words importing persons include firms, partnerships, corporations, Government and local authorities and other bodies.
3.  
A.
All other expressions defined in the Ordinance shall have meaning assigned to them in the Ordinance.
   
B.
When any provision in the Ordinance is referred to, the reference shall be to such provision, as modified by any statutory enactment for the time being in force.
   
C.
If and when the context so requires, the words importing singular number shall include plural number and vice versa and words importing masculine gender shall include feminine gender and vice versa.
4.
For the purpose of registration, the number of members of the Association is declared to consist of unlimited number of members.
5.
The Association is formed for the attainment of the aims and objects contained in its Memorandum of the Association and every member of the Association shall be deemed to have subscribed to the same.
Membership
6.
Eligibility for Membership
 
Any individual’s firm organization, corporation or Company having any land, go down, Warehouse or any business interest at Sindh Industrial Trading Estates, North Karachi, Karachi for the purpose of conduction eligible any commercial or industrial undertaking, shall be eligible for membership.
7.
Classes of Members
 
The Association shall consist of two classes of members as follows:
   
a.
Corporate Member: Large commercial and industrial concern which is either a body corporate or a multinational corporation with its head office or manufacturing concern or a sales tax registered business concern having annual turn-over of Rs.50 million or above may be enrolled to this class of membership.
   
b.
Associate Member: Medium and small industrial and commercial concern, which is not a body corporate or a multinational or a sales tax registered manufacturing concern or a sales tax business concern having annual turn-over of Rs.50 million or above may be enrolled to this class of Membership.
8.
Number of Members
 
For the purpose of the registration, the number of member of the Association is declared to be 100 but the committee may register an increase in the number of members whenever it thinks to do so.
9.
Application for Membership
 
Application for membership of the Association shall be on such from as may be prescribed from time to time by the Committee, and shall be proposed by one member and second by another member.
10.
Enrollment of Membership
 
Enrollment of Membership shall be at the absolute discretion of the Committee, who shall not be required to give any reason for refused or accept the proposal of any candidate.
Upon acceptance of the application for membership a payment the amount of his contribution and by the association, a candidate shall become a member of the Association and shall be bound by the these Article.
   
     
Rejection, Removal and Expulsion from Membership
11.  
a.
Any member may resign from the Association by giving 30 days notice in writing to the Committee and upon expiration of the notice he shall cease to be a member. The Member who has resigned or whose name has been removed from the register for non-payment of subscription or for expulsion from the membership of the Association shall remain liable to pay all dues to the Association up to the date of resignation, removal or expulsion.
   
b.
Any member who has resigned or whose name has been removed from the register or who has been expelled from the membership of the Association shall not be entitled to refund of any money paid by him to the Association.
   
c.
A member shall be liable to be fined up to an amount equal to that of the annual subscription prescribed for the class of members to which he belongs or to be expelled from the membership of the Association, or the rights and privileges of a member shall be liable to be withdrawn, for any of the following reasons by a resolution of the Committee passed in a meeting specially convened for the purpose by simple majority of the members present in person.
     
i.
Neglect of or refusing to submit to, abide by, or carry out any decision of the committee taken within the limits laid down by the Memorandum of Association or Articles of Association or by the Trade Organizations Ordinance, 2007, or any rules, regulations, instructions or direction issued there under.
   
ii.
Indulging in unethical practices in the field or trade, commerce or industry.
   
iii.
International violation of the rules, regulations or bye-laws of the Association.
   
iv.
Failure to pay arbitration fee, fine or any other due demand of the Association.
   
*
Provided that a member shall not be expelled by the Committee unless he has been given an opportunity of explaining his position in writing or in person.
   
*
Provided further that the member so expelled shall have the right to appeal, within one month from the date of expulsion, to the general body of the Association.
   
*
Provided further that when such an appeal is made by the member, the Committee shall arrange to convene a meeting of the general body within 30 days from the date of receipt of the appeal, and the decision of the general body in the matter shall be final.
   
d.
A member shall cease to be a member of the Association for any of the following reasons:
      i. If he resigns from his membership as per clause (a) above; or
      ii. If he is expelled from membership as per clause(c) above; or
      iii. If he fails to pay annual subscription at the latest by the 31st March; or
      iv.
If any change is made in the conventional or corporate name of the firm, company or corporation, which substantially alters the composition of that firm, company or corporation; or
      v. If he is found to be a unsound mind by a court of competent jurisdiction; or
      vi. If he is adjudged insolvent; or
      vii. If he is convicted of any offence involving moral turpitude; or
      viii. If he closes or transfers his business to any place outside the area covered by the Association; or
      ix. If he is expelled from membership of the Association under the Trade Organizations Ordinance, 2007.
      *
No firm, company or corporation shall cease to be member of the Association by reasons only of a change in its constitution caused by the admission, retirement or death of a partner provided that the business of the firm, company or corporation is carried on in the conventional name in which such firm, company or corporation was enrolled as a member of the Association.
12. Restoration of Membership
  A member whose name has been removed from the register due to expulsion:
    a.
Resignation or non-payment of subscription shall be eligible for re-enrolment on payment of an admission fee afresh and all arrears outstanding against him.
    b.
Without prejudice to any order issued under the provisions of the Trade Organizations Ordinance, 2007, a member who has been expelled from the Association shall not be eligible for readmission before the expiry of the period, if any, specified in the order of expulsion.
13. Register of Membership
  A register of members shall be maintained at the registered office of the Association:
    a.
In which shall be set forth the names and addresses of all the members, for the time being, and in which shall be recorded all changes in membership taking place from time to time. There shall also be an entry in the register indicating the nature of business carried on by each member, together with name of the representative of the member authorized to participate in the business of the Association.
    b.
Every member shall have the right to have the name of his/its representative changed from time to time Provided that no such change shall be effected during the period from the date on which the final list of members and their representatives has been circulated for the purposes of the elections of the Association until after the holding of the elections.
14. Certificate of Membership
  Every member shall be entitled, without payment, to get a certificate of membership under the seal of the Association.
           
Admission Fee and Subscription
15.   i. Admission fee and annual Subscription for the members shall be as follows:
       
  Admission Fee Annual Subscription
Both classes of member -------------------------------- Rs.10.000 Rs.5.000
     
    ii. The subscription of the existing members shall be payable in a lump sum in advance, not later than 31st of March each year. New members joining the Association during the period from January to end June shall required to pay the full rates of annual subscription, and those joining the Association from July onwards shall be required to pay the half of rates of annual subscription, besides the full admission fee.
    iii.
If any member fails to pay the membership subscription, by the 31st March each year, the name of such member shall be deemed to have been automatically struck off the register and he shall cease to be a member of the Association with effect from the 1st April. Provided that a member who has ceased to be a member due to non-payment of his subscription shall nevertheless remain liable for payment of all the dues to the Association. Provided further that a member who has thus ceased to be a member shall not be re-admitted unless he has paid the admission fee afresh besides the annual subscription and has also cleared all the dues out-standing against him.
    iv.
If an Associate Member is approved for admission as Corporate Member during the course of the year, he shall pay to the Association the difference between the rates of admission fee, if any, and the annual subscription prescribed for the two classes and payable for the year under clause (i) of this Article.
    v.
If a Corporate Member wants to become an Associate Member during the course of the year no refund shall be made to him on account of admission fee, or annual subscription that he may have already paid for the year.
16. Payment of Dues
    *
Subscription shall fall due on the date admission to Membership and thereafter subscription shall fall due on the first day of July in each succeeding year. Consequently closing of the Association Accounts shall be done at the close of the financial year.
    *
Provided that where admission to membership is on a date after the beginning of the financial year the subscription shall be pro-rate for the reminder of such year from the first of the month in which such admission to membership takes place.
    *
Subscription shall be paid to the Association within two calendar months of becoming due and the non-payment of subscription, within such period as aforesaid, shall be reported to Committee who shall takes such action in the matter as they shall deem appropriate.
17. Management
  There shall be an Executive Committee for the control and Government of the affairs of the Association constituted as follows:
        President.................................01  
        Vice President..........................02  
        Members.................................10  
        Total......................................12  
           
Rights and Privileges of Members
18. Every member of the Association shall be entitled:
    a.
To take part according to the rules and regulations in force for the time being in the election and the management of the affairs of the Association.
    b.
To take advantage of all funds and property in the possession of the Association for the attainment of the aims and objects of the Association on such terms and conditions as the Committee may determine from time to time.
    c. To take advantage of the information and records available with the Association with such limitations as the Committee may determine.
    d. To obtain a copy of the Annual Report and Statement of Accounts of the Association.
    e. To obtain a copy of all the publications of the Association either free of cost or at such price as may be fixed by the Committee from time to time.
    f.
To cause an Ordinary or Extraordinary General Meeting of the Association to be convened in conjunction with the other members of the Association in accordance with these Articles.
    g. To participate in the General Meetings of the Association.
    h. To stand or propose or second members for election to the Committee of the Association.
    i. To stand for election as representative of the Association on any non-political public or private body.
    j. To seek assistance of the Association for securing all reasonable facilities for the development of his trade / industry.
    k.
To inspect or examine books of accounts and other documents, registers or records of the Association subject to any rules, conditions or limitations that may be laid down in this behalf under the relevant law or by the Committee or by a resolution of the Association in a general meeting.
    l.
To change the class of one’s membership from Corporate Membership to Associate Membership and vice-versa subject to the provisions of these articles provided that no such change shall be effected during the period from the date on which the final list of members has been circulated for the purpose of the elections of the Association until the holding of the elections.
    m. To be entitled to such other privilege as may be specified by the Committee from time to time.
           
Duties and Obligations of Members
19. Every member shall have the following duties and obligations:
    a. To make every effort to carry out the aims and objects of the Association as set forth in the Memorandum of Association.
    b.
To carry out and abide by the rules and regulations of the Association as laid down in these Articles or in the bye-laws framed there under from time to time.
    c. To submit as far as possible all complaints, appeals, etc., in writing to the Secretary General.
    d. To pay the annual subscription of the Association regularly.
    e. To bring to the notice of the Committee any matter likely to cause any loss or harm to the interest of the Association in whenever manner.
    f.
To accept and abide by the decisions of the Committee Provided the decisions are not inconsistent with the provisions of the Memorandum or the Articles of Association or the Trade Organizations Ordinance, 2007, or any rules, regulations, instructions or directions issued there under.
    g. To convey to the Committee all information that may be considered necessary for promoting the aims and objects of the Association.
    h.
To take part in the deliberations of the meetings of the Association, which he is entitled to attend and to abide by the rules framed for the conduct of the business of the meetings from time to time.
    i.
To assist and co-operate with the Committee in the eradication of unethical business practices from the field of trade, commerce and industry.
           
Voting Rights
20.
Every member, no matter to which class he belongs, and has completed two years of valid membership of the Association as on the date of announcement of election schedule by the Executive Committee of the Association and has fulfilled the conditions of the membership and renewal thereof, shall:
    a. Have one vote and shall have equal rights and privileges except as provided for in these Articles.
    b.
If any member is a firm, company or corporation only particular director or authorized representative of the said firm, company or corporation shall be entitled to act and vote at any meeting of the Association.
    c.
A member shall be entitled to vote personally. Neither postal ballot nor proxy shall be allowed.
    d.
No member shall be entitled to vote at any meeting of the Association unless all moneys due from him on account of subscription or otherwise have been paid to the Association by the due date.
    e.
No member who has resigned or ceased to be a member or has been expelled from the Association shall be entitled to attend or vote at any meeting of the Association.
    f.
Members of the Association shall be eligible to vote on completion of two years of their enrollment and payment of all dues.
    g.
Every member eligible to vote shall deposit with the Secretary General the specimen signature card alongwith photograph indicating the status in the firm, company or concern. The right to vote shall be allowed only to the proprietor, partner or the director of the member firm or company, or a person not below the rank of general manager authorized by the board of directors of a public limited company or, as the case may be, a multinational corporation.
    h.
The proprietor, partner or director of the member firm or company, concern or a person not below the rank of general manager authorized by the board of directors of public limited company or multinational company shall be entitled to cast vote at the time of election only if name of such person has already been registered with Secretary General of the Association and his name appears on the list of voters.
    i.
The President or whosoever be presiding over a meeting shall, in the case equality of votes, have a second or casting vote except in the matter of any election of the Association.
           
Powers and Duties
21. Committee
    a.
The Committee shall be the governing body of the association and may exercise all such powers of the association as are not by the Act or any statutory modification thereof for the time being in force, or by these Articles, required to be exercised by the Association in general Meeting, subject to any regulations or provisions as may be prescribed by the association in general Meeting, but no regulation made by the association in General Meeting, shall invalidate any prior Act of the Committee which would have been valid if that regulation had been made or given.
    b.
Without prejudice to the general powers conferred by these Articles the Committee subject to such supervision and control as aforesaid shall have powers:
      i.
to appoint Committees for any specific purpose and to delegate any of their powers to any such Committee and to make, vary and repeal bye-laws or rules for the regulations of the proceedings of such Committee.
      ii.
To make, very, repeal and to bring into effective such bye-laws as may be considered to be in the interest of or conducive to the object of the Association subject to confirmation by the General Body, as well as rules for the regulation of the Business of the Association or of its Officers or servants.
      iii.
To enter arrangements upon such terms and subject to such conditions as the Committee may deem desirable for working in conjunction with any government , musicality, Company, Firm Organization, Mission or other body for purpose concerned with any business, research of other activities with which the association as concerned.
      iv.
To appoint and their discretions, remove or suspend such officers, clerks and servants from per meant , temporary or special services as they may from time to time thing fit and determined their powers and duties and fix their salaries or emoluments and requires security in such instances and to such amount as they thing fit.
      v.
To acquire and take over any property held by any trustees or other persons for purpose of the Associations.
      vi.
To purchase or otherwise acquire for the Association is authorized to acquire at such price and for such considerations and generally on such terms and conditions as they think fit.
      vii.
To sell, exchange, partition, lease, invest or otherwise dispose of the property of the Association or any party thereof or any interest therein for money or other valuable consideration.
      viii. To invest money in the name of the Association in their absolute discretion.
      ix.
To improve repair, and maintain and ensure any of the property o f the
Association, and to discharge all debts and liabilities of the Association.
      x. To institute, conduct, defend or abandon any suit or other proceedings against the Association or its officers and also to compound to allow time for payment or Satisfaction of any debts, claims or demands by the against the Association
      xi.
To refer any claims or demand by or against the Association to arbitration.
      xii.
To contribute to any enterprise whether conducted by individuals or organizations which shall have for its objects the making or doing of any thing conducive directly or indirectly to the furtherance of the objects of the association.
      xiii.
To pay all the expenses incurred in the management of the Association including the cost, chares and expenses preliminary are incidental to the incorporation of the Association.
      xiv.
To enter into all such negotiations and contracts and to rescind or any such contracts execute and do all such acts, deeds and things in the name and own behalf of the association as they may consider expedient for or in relation to any of the matter aforesaid or otherwise for the purpose of the Association.
22. President
    a.
The President of the Association shall be ex-officio President of every meeting of Executive Committee, and of all the Committees and sub-Committees of have been elected Member.
    b.
He shall preside at all meetings of the General Body including Annual General Meeting and also meetings of the Executive Committee and all other Committees of which he may have been elected Members.
    c.
He shall call meetings of the Executive Committee or of any Committee or sub-Committee of which he is an ex-office President, either at his own initiative or on the requisition of Five Members in the case of Executive Committee and one-third of the number of members in the case of any other Committee.
    d. He shall control the working of the office and staff of the Association and shall direct all matters of the Association.
    e.
The Vice-President shall perform all or any of the functions and duties of the President in his absence or if the letter ceases to hold office.
    f. The President may also delegate to the Vice- President such of his power and functions as may be deemed fit by him.
    g.
He shall have the power to sanction an expenditure not exceeding Rs.50, 000/- at a time prior to consultation or assent of the Committee from the funds of the Association Provided that the approval of the Committee shall be obtained at its meeting held immediately after the grant of such sanction.
23. Vice-President
 
In the absence of the President the Vice-President shall perform all functions and duties of the President.
24. General Secretary
    a.
The Committee may from time to time appoint a Secretary of the Association and may fix his remuneration and determine his duties.
    b.
The Secretary shall have charge of all correspondence with the members regarding their membership and shall keep of cause to be kept accurate and proper account of the funds of the Association. He shall be responsible for the preparation of the Income and Expenditure Account and Balance Sheet, under the supervision of the Committee He shall issue all notices, prepare the agenda for the meeting s of the Association and of all the Committee.
    c.
He shall have charge of the office effects and documents belonging to the Association.
    d. To ensure all payments in conformity with the decision of the Committee and keep an imp rest account of an amount of Rs.2500/-.
           
Election
Election of Office-bearers and Members Executive Committee
25.
The election of office-bears shall be held by secret ballot and shall be completed before, and the result of election of members of Executive Committee and Office Bearers shall be officially announced at the Annual General Meeting of the Association called for this purpose within 15 days of the date of polling but not later than 30th September of the year. The final election results announced in the Annual General Meeting shall be:
    a. Displayed at the Notice Board of the Head Office of the Association within two days;
    b. Displayed at the website of the Association within two days;
    c. Submitted to the Director General within seven days.
26. The elections of the Association shall be held on annual basis between 1st of July to 30th September of the year.
27.
The Election Schedule of the Association shall be approved by the Executive Committee and issued by the Secretary General in the first half of July. within two days of its approval by the Executive Committee the election schedule shall be:
    i. Displayed at the Notice Board of the office of the Association;
    ii. Displayed at the website of the Association; and
    iii.
Submitted to the Director General.
28. Simultaneously with the approval of the Election Schedule, the Executive Committee shall appoint an Election Commission subject to the following:
    a. the Commission comprises three member;
    b. the members so appointed have submitted their consent in writing to their appointment as such;
    c. the members of the Commission, so appointed, have not held any office of the Association for the preceding two years;
    d. the members of the Commission shall not be entitled to become a candidate in the election, he is conducting;
    e. the members of the Commission shall be independent, impartial and non partisan; and
    f. Members of Commission shall not canvass for any of the candidate or panels contesting the elections, they are conducting.
29.
The Election Commission shall be in-charge of all arrangements connected with the conduct of elections including but not limited to:
    a. Appointment of polling staff;
    b.
Ensuring display of the tentative voters’ list by the Secretary General for the purpose of inviting objection;
    c. Examination of and decision on the objections received on the voters’ list;
    d.
e. supervision of polling process and ensuring that the polling has been conducted in an orderly, peaceful, transparent and fair manner in accordance with the provisions of memorandum and articles of association and instructions of the Federal Government or the Director General in this regard; and
    e. Counting of votes and announcement of results.
30.
The President and Vice-President shall be deemed to have automatically retired from their respective offices on completion of their annual term of office. The immediate past President of the Association shall be an ex-officio member of the Executive Committee without voting right.
31.
The office bearers of the Association shall be elected by the Executive Committee from amongst its members.
32. The tenure of members of Executive Committee shall be two years subject to the following:
    i. Fifty percent members of the Executive Committee shall retire every year;
    ii.
After the first election of the Executive Committee a draw shall be made to determine the fifty per members who shall retire after expiry of first year.
33.
On completion of the term the office bearers and members of Executive Committee shall not be eligible to contest election or co-option in any representative capacity in the Association for the next one year.
34. The election of the Association shall be conducted in the following manner:
    a. The Election of the members of Executive Committee and office bearers shall be held by secret ballot;
    b. Neither postal ballot nor proxy shall be allowed; and
    c. The polling shall be held at the head office of the Association:
     
Provided that where for want of space in the office premises it is not possible to establish the polling booths, the polling shall be held in a public place such as a community hall or hotel.
      i.
Within three days of the announcement of the election schedule member firms desiring to change their representative shall intimate changes regarding name of representative to the Secretary General along with necessary proof of eligibility.
      ii.
The Secretary General of the Association shall display within seven days of the announcement of election schedule the provisional list of all members eligible to vote along with their national tax number, sales tax registration number, if applicable, the name and national identity card number of their representative. The list shall be displayed at:
        a. The notice board of the head office of the Association; and
        b. The website of the Association.  
      iii.
The members who have any objection to the entries in the list of voters shall send their objections in writing to the Secretary General within seven days of the issuance of the voters’ list.
      iv.
The Secretary General will intimate action on the objections or changes sent by members within five days from the last day under preceding clause.
      v.
Any person aggrieved by the decision of the Secretary General may make a representation, within three days to the election commission which shall decide the case within three days.
      vi.
Within three days of decision by the commission or in case the Commission fails to decide within the stipulated time provided in Sub-Article-6 of Article-37, any person aggrieved by the decision of the commission may appeal to the Director General who shall decide the case within 10 days and his decision in this regard shall be final.
      vii. Within two days of the decision of the Director-General the final voters’ list shall be:
       
a. Displayed at the notice board of the head office of the Association.
        b. Displayed at the website of the Association; and  
        c. Submit to the Director General.  
     
Provided that if no appeal has been filed to the Director General, the final list of voters shall be displayed within fifteen days of the decision of the election commission.
      viii.
Within four days of the display of the final list of voters, any person who is eligible to contest the election for the vacant post, shall send his nomination duly proposed and seconded by a duly registered voter and signed by the candidate to the Secretary General.
      ix.
Within twenty-four hours of receipt of nomination papers, a copy of the final list of voters shall be provided to each contesting candidate.
      x.
The nomination papers shall be scrutinized by the commission and list of candidates shall be displayed within twenty-four hours of the last date of receipt of nomination papers.
      xi.
The objections, if any, to the nomination of the candidates can be filed to the election commission within twenty-four hours of issuance of the list of candidates, which shall be decided by the election commission within two days.
      xii.
Within two days of decision of the commission or in case commission fails to decide within the stipulated time any candidate aggrieved by the decision of the commission may file an appeal to the Director General, who shall decide within 7 days and his decision in this regard shall be final.
      xiii. Within two days of the decision of the Director General the commission shall issue the final list of candidates:
       
Provided that if no appeal has been filed to the Director General, the final list of candidates shall be issued within eleven days of the decision of the election commission.
      xiv.
Within five days of display of final list of candidates, the polling for election of members of Executive Committee shall be held.
      xv.
Within two days of the polling, any person elected as member of Executive Committee, shall send his nomination for election as an office bearer duly proposed and seconded by an elected Executive Committee member and signed by the candidate to the election commission.
      xvi.
The nomination papers shall be scrutinized by the commission and list of candidates shall be displayed within twenty four hours of the last date of receipt of nomination papers.
      xvii.
Within two days of display of final list of candidates, the polling for election of office bearers shall be held.
      xviii.
The ballot papers shall have duly numbered counterfoils and the voter shall sign or affix thumb impression thereon in the presence of polling agents of the candidates and the polling officer before the issuance of ballot papers to the voter.
      xix.
It shall be the duty of the polling officer to verify the identity of the voter. The only acceptable forms of identification shall be the computerized national identity card, the original identity card issued by the trade organization, the passport and the driving license. The polling officer shall enter the number of identification document on the counterfoil.
      xx.
After comparing the signatures and photograph with the specimen signature card the polling officer shall hand over the ballot paper to the voter.
      xxi.
The ballot paper shall be signed by the Secretary General or an officer of the trade organization duly authorized by the commission in this behalf and shall also be signed by the polling officer at the time when it is issued.
      xxii.
Once the ballot paper has been issued to a voter, he shall not be allowed to leave the polling booth, without casting in the ballot box.
      xxiii.
Adequate arrangements shall be made to maintain the secrecy of the polls.
      xxiv.
Proper account shall be maintained by an officer designated by the commission in respect of ballot papers including used, unused, tendered, challenged or spoiled ballot papers.
      xxv.
The challenged votes shall be kept in a separate sealed envelope duly signed and sealed by the polling officer.
      xxvi.
The commission or an officer designated by the commission shall decide about the challenged votes after verification of necessary information before the official announcement of the results.
      xxvii.
No ballot paper shall be invalid for failure to have cast all votes on all seats contested for in the said election.
      xxviii.
Counting of votes shall take place immediately after the polling hours under the supervision of polling officer in the presence of candidates or their polling agents, if any, at the designated sites.
      xxix.
Provisional results may be declared by the commission immediately after the counting of votes is completed.
      xxx.
In the event of equality of votes between two or more candidates the result shall be decided on the basis of a draw conducted by the polling officer in the presence of candidates or their polling agents and a record of the result thereof shall be made.
      xxxi.
Having completed the counting and compilation of results, the record pertaining to the elections shall be sealed and signed by the commission or any officer designated by the commission and the Secretary General and shall be handed over to the Secretary General for safe custody.
      xxxii.
The record of elections shall be opened for inspection upon an application made in this behalf by the candidates within seven days of the date of polling and with the approval of the Director-General.
      xxxiii.
The final result of the election of members of Executive Committee and office bearers shall be officially announced at the Annual General Meeting of the Association call for this purpose within fifteen days of the date of polling but not later than the 30th of September of the year.
      xxxiv.
The announcement of election results in the Annual General Meeting shall be the material date for the purposes of paragraph (iii) of clause (f) of sub-section (2) of section 14 of the Ordinance.
      xxxv.
The final election results announced in the Annual General Meeting shall be:
       
a. displayed at the notice board of the head office the Association within two days;
        b. displayed at the website of the Association within two days; and
       
c. Submitted to the Director-General within 7 days.
35. Casual Vacancies
 
Any casual vacancy of a Member of the Committee shall be filled by co-option from amongst the class of members to which the out-going Member belonged. In the case of President or Vice-President, such vacancy shall be filled by election from amongst its existing Members of the class to which the out-going President or Vice President belonged, and the resultant vacancy of the Member shall be filled by co-option. Provided that no such vacancy shall be filled during the first 90 days as well as 270 days after the holding of the annual elections.
36. Proceedings of the Executive Committee
    a.
Meetings of the committee shall be held, adjourned and other wise regulated as the Committee shall think off.
    b.
Questions asking at any meeting shall be decided by a majority of votes and in case of the equality votes the President of the Committee shall have a second or deciding vote.
    c.
A resolution in wetting singed by any five Members of the Committee shall be as valid an effectual as if it had been passed at a meeting of the Committee duly called and constitute.
    d.
Four members of the Committee present in person shall from a quorum at any meeting of the Committee. If within 30 minutes from the time appointed for holding the meeting no quorum is formed the meeting shall be adjourned to such other date and time as may be fixed by the Members present and no quorum shall be necessary at such adjourned meeting.
    e.
Should any elected members of the Committee absent himself from three consecutive meeting of the Committee for a continuous period of three months, whichever is longer. Without leave of absence from the Committee he shall ceased to be a member of the Committee.
    f.
Any temporary vacancy on the Committee or vacancies caused by resignation or disqualification shall be filled by co-option by the remaining members of the Committee. Only for the unexpired period of the office of the members who vacates the office.
   
At least 7 days notice shall be given for every ordinary and one clear day’s notice for every emergent meeting of the Managing Committee and one clear days notice for meeting of a Sub-Committee.
37.
The Secretary of the Association shall keep and maintain a Register of the members of the Association in which shall be set for the names and addresses of the members for the time being, and in which shall be recorded all changes in membership which may from time to time take place.
           
General Meetings
38. General meeting:
    a.
General Meeting of the Association shall be held within 90 days from the date of its incorporation and thereafter once at least each calendar year and not more than 15 months after the holding of the last proceeding General Meeting.
    b.
The above mentioned meeting shall be called Ordinary General Meeting; all other General Meetings shall be called Extraordinary General Meetings.
    c.
The Committee may, whenever they think fit, and shall on requisition made in writing by any 20 or more members, call an Extra-ordinary General Meeting. Any such requisition must state the objects of the meeting proposed to be called and must be signed by the requisitionists and deposited at the register office of the Association.
    d.
On receipt the requisition the Committee shall forthwith proceed General Meeting: if they do not proceed to cause a meeting to be held 21 days from the date of - may them call meeting.
    e.
Subject as aforesaid general Meeting shall be held at such place and time as the committee may determined.
39. Proceedings at General Meeting
    a.
Subject to provision of the Act relating to special resolution, 14 days notice at the, least specifying the place the day and the hour of meeting and the general nature of the business shall be given to the members in the manner hereinafter the mentioned but incidental commission to give or non received of notice of by, any member shall not invalid the proceedings of any meeting.
    b.
All business shall be deemed special that is transacted and at Extra Ordinary General Meeting and all that is transacted at an ordinary general meeting shall also be deemed special business with the exception of the consideration of Committee, report of the election and fixation of remuneration of auditors.
    c. No business shall be transacted at any meeting unless the quorum is present at the commencement of the business. A quorum shall be one-fifth of the number of the members present on person whichever is left.
    d.
If within half an hour from the time appointed for any General Meeting a forum of members is not present, the Meeting, is called on the requisition of the members shall be dissolved, and in any other case shall stand adjourned meeting a quorum of members is not present within half an hour from the time appointed for the Meeting the same, if an Extra Ordinary General Meeting shall be adjourned sine die, and if an Ordinary General Meeting shall be proceeded with the members present in person who will institute a quorum for transaction of the business for the weeks meeting was called.
    e.
The President of the Committee or in his absence the Vice President shall preside as President at every General Meeting of the President and the Vice-President of the Association in the absences of both the President and the Vice President of the committee the member present at the meeting shall chose some one of their members to be President of that meeting.
    f.
The President may, with the consent of the meeting, adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned 1 meeting other than the business left unfinished at meeting from which the adjournment took place.
    g.
At any General Meeting a resolution put to the Vote of the meeting shall be decided on a show of hands, unless a poll is (before or on the declaration of the result of the show of hands) demanded by the President or by at least five members present in person or by proxy and unless a poll is so demanded a declaration any the President that a resolution has, on Show of hands, been carried unanimously, or by a particulars majority, or lost, an entry to that effect in the book of the proceedings of the meeting & of the Association shall be conclusive evidence of that fact; without proof of the number or proportion of the votes recorded in favor of, or against, that resolution.
    h.
If a poll is demanded in manner aforesaid, the same shall be taken in such manner as the President direct, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.
           
Funds
40. The Funds of the Association shall be deposited in an approved Bank. The account in the bank shall be operated by Cheque jointly signed by the President and/or a duly authorized Member of the Committee and countersigned by the Secretary General.
Accounts and Custody of Record
41. Accounts
    a.
The Committee shall cause to be kept proper books of Account with respect to
      i.
All sums of money received and expanded by the Association and the matters n respect of which the receipt and expenditure takes place and
      ii. The assets and liabilities of the Association.
    b.
The Books of Accounts shall be kept at the registered office of the Association or at Such place of the Committee thinks fit.
    c.
The Committee shall determine from time to time whether and to what extent and at what times and places and under what conditions or regulations the accounts and books of the Association or any of them shall be open to the inspection of the members, not being Members of the Committee, and no member (not being a Member of the Committee) shall have any right for inspecting any account or book or document of the Association except as conferred by law or authorized by the Committee or by the Association in General Meeting.
    d.
He shall see that the resolution of the Association and the executive committee and duly carried out.
    e.
He shall prepare the Annual Report and all other reports under the guidance of the respective. Committee of Sub-Committee dealing with the same.
    f. He shall assign work to the staff immediately under him.
    g.
Generally he shall perform all such duties as are incidental to his office. Provided always that the Secretary in consultation with the President may delegate all or any of the above powers and functions to any Departmental Secretaries.
    h.
In the absence of the Secretary of otherwise the Executive Committee may delegate his power to any Departmental Secretary.
    i.
The Secretary of the Departmental Secretaries shall attend the Meeting and conference of public or private bodies when nominated by the Executive Committee for the purpose of representation of the Association threat.
42.
Seal
    a.
The Committee shall provide a common Seal for the Association. The Seal shall be deposited with the Secretary and shall never be fixed to any document except in the presence of two Members of the Committee or one Member and the Secretary and in pursuance of resolution of the Committee or of the Association in General Meeting.
    b. Deeds, Bonds and other contracts under Seal made on behalf of the Association sealed with the Common Seal of the Association and signed by the President or Vice-President and countersigned by Secretary or the person acting as Secretary shall be deemed to be??? Executed by the Association to any member either personally or by him to his registered address.
 
Whereas a notice is sent by post service of the notice shall be deemed to be effected by prepaying and posting a letter containing the notice and unless the contract is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post.
           
Indemnity and Responsibility
43.
Subject to the provisions of the Act and of this Article, no Member of the Executive Committee or of any Sub-Committee and Agent, Manager, Auditor, Secretary or other officer or servant for the time being of the Association shall be responsible for any loss or expenses to which the Association may be put unless the same shall happen through their own willful neglect or default.
44.
Amendments to these Associations shall be subject to the approval of the Government and shall also be made when required by the Government in public interest.
45.
Any dispute or difference of opinion in regard to the interpretation or scope of application of these Articles, which can not be resolved by the Association, shall be referred for decision, to the Director of Trade Organizations appointed under the Trade Organizations Ordinance 1984/2007 (XXXI of 2007) Whose decision shall be binding on the Association office bearers and members.
We, the several persons whose names and addresses are subscribed, are desirous of being formed into an Association in pursuance of this Articles of Association
    a.
At all annual General Meeting the Committee shall lay before the members a balance sheet and an Income and Expenditure Account made up to a date not earlier than the date of the meeting by more than three months.
    b.
The Auditors report shall be attached with the Balance sheet and income and Expenditure Account or there shall be inserted at the foot thereof a reference to the report and the report shall be read before the member open to inspection by and member.
    c.
Every such Balance Sheet and Income and Expenditure Account shall be accompanied by a report of the Committee as to the state and condition of the Association and the Account, Report and Balance Sheet shall be signed by two Members of the Committee.
    d. A printed copy of such Income and Expenditure Account and Balance Sheet so audited, together with the report of the Auditors and the Committee shall at least fourteen days previous to the meeting be sent to registered address of every member and a copy shall also be deposited at the office for the Inspection of the members during a period of at least fourteen days before the meeting.
    e.
A Banking Account shall be opened, maintained and operated in the name of the Association at such Bank and in such manner as the Committee shall from time to time determine.
    f.
Once at least in every year the Association shall be examined and the correctness of the Balance Sheet and Income and Expenditure Account ascertained by one more auditors.
           
Auditors
46.   a. At each Annual General Meeting the Association shall Auditors to hold office until the next ensuing General Meeting.
    b. A retiring auditor shall be eligible for reappointment.
    c. The Committee shall appoint the first auditors who shall hold office until the first Annual - All fix their remuneration.
    d. The committee may fill in any casual vacancy in the office of the auditor.
    e.
The remuneration of the Auditors shall be fixed by the members in General Meeting. Except that the remuneration of any auditors appointed to fill any causal vacancy may be fixed by the committee.
    f.
Every Auditor or Auditors have a right of access at all times to the books and accounts of the Association and shall be entitled to enquire form the Committee such information and explanation as may be necessary for the performance of the duties of Auditors.
           
Winding Up
47.
The provisions of the Companies Ordinance, 1984 as amended from time to time, regarding the winding up or dissolution of Associations shall apply to the winding up or dissolution of the Association.
           
Amendments
48.   i.
All rules, regulations or bye laws affecting general members or any alterations or additions thereto, shall be submitted by the Committee to a meeting of the General Body for confirmation within the maximum period of 90 days form the date of adoption. Such rules shall nevertheless be effective until they are placed before a General Meeting called in accordance with the provisions of the Companies Ordinance 1984 for confirmation.
    ii.
No alteration, addition or deletion shall be made in these Articles save and except when a resolution to that effect is passed at a specially convened General Meeting in accordance with the provision in Article 46.
    iii.
Notwithstanding anything contained in clause (ii) above, amendments to these Articles shall be subject to the prior approval of the Central Government and shall also be made when required by the Central Government in the public interest.
           
Interpretation of Articles
49.
Any dispute or difference of opinion in regard to the Interpretation or scope of application of these Articles of Association which cannot be resolved by the Association itself shall be referred to the Director General under the Ordinance, and the ruling given by the Director General shall be binding on the Association, its office-bearers and members.
We, the several persons whose names and addressed are subscribed hereto are desirous of being formed into an association in pursuance of this Articles of Association:
           
       
S.No. Names CNIC No. Address Signature
01. Mr. Mehtab Uddin Chawla      
02. Mr. M. Yousuf      
03. Mr. Aslam Rayaz      
04. Mr. Jamshed Ahmed Chandiwala      
05. Mr. Ilyas Raja      
06. Mr. Sohail Ahmed Zakai      
07. Mr. Shaheen shah Alam      
08. Mr. Saleem Rauf Khan      
09. Mr. Faisal Mon Qureshi      
10. Mr. Adnan Salim      
11. Mr. Nasir Ahmed      
         
Dated...................day of 20...
        Witness to above Signature  
        Name: Occupation:
        S/O: Nationality:
        Address: Signature:..........................