wasme bye laws
Post on 17-May-2017
216 Views
Preview:
TRANSCRIPT
Memorandum of Association
of World Association for
Small and Medium Enterprises
NAME
1. The name of the Society is �World
Association for Small and Medium
Enterprises� (WASME).
REGISTRATION OF SOCIETY
2. WASME is registered under the Indian
Societies Registration Act of 1860 and
all clauses of Memorandum and Rules
& Regulations of WASME conform to
the provisions of the said Act, the Indian
Income Tax Act and other Acts as
applicable to societies registered in
India.
REGISTERED OFFICE
3. The Registered Office of the Society shall
remain in the Union Territory of Delhi
and at present it is at the following
address:
Flat No. 51, Pocket 9-A, Sector No 18,
Rohini, Delhi 110085
The address of the headquarters is Plot
No. 4, Sector-16A, Noida-201 301, Distt.
Gautam Budh Nagar, Uttar Pradesh,
India.
AIMS AND OBJECTS
4. The aims and objects for which the
Society is established are as follows:
MAIN AIMS AND OBJECTS
To foster, promote and co-ordinate
international co-operation and movement for
dissemination of knowledge for promotion of
small and medium sized enterprises (SMEs)
by pooling the creative genius of micro and
SMEs at national, regional and international
levels and capabilities of governmental and
non-governmental agencies engaged in
promotion and protection of SMEs.
Objects incidental or ancillary to the
attainment to the above main aims and
objects
1) To examine handicaps of micro and
SMEs and suggest remedial measures for
removal of the same by dissemination
of knowledge.
2) To collect, compile and disseminate
information on expertise, innovations
and technology in sectors specifically
relevant to micro & SMEs.
3) To identify, assess and assist in attending
to social, educational, technical, legal
and other incidental needs of the micro
and SMEs.
4) To encourage and facilitate greater
technical, industrial and social
co-operation and understanding
between SMEs of developed and
developing countries and amongst the
developing countries themselves in the
context of deregulation, liberalisation,
globalisation and harmonisation
through transfer of technology,
dissemination of industrial and technical
information.
1
*As amended at the Special Session of the Council held in Gibraltar on 8 April 2002.
5) To prepare and publish papers,
periodicals and reports for distribution
via electronic media or otherwise in
furtherance of international
co-operation and understanding on
technical and other needs of micro and
SMEs and conduct research, surveys,
studies on issues relevant to the sector.
6) To organise Seminars, Conferences,
Expert Group Meetings, Technology and
Product Development Programmes,
Training Courses, Trade Fairs,
Exhibitions and Campaigns with a view
to improving and strengthening the
production/technical and managerial
capabilities of micro and SMEs.
7) To arrange exchange of counselors,
specialists and trainers to facilitate
transfer of skills and expertise and to
arrange exchange visits of members/
SMEs for developing close multilateral
and bilateral relationship among
member organisations.
8) To enlighten and mobilise public opinion
on issues pertaining to micro and SMEs
and to voice it at all concerned fora.
9) To enlist the services of experts, on
suitable basis, for the benefit of
members on matters relating to
industry, commerce and trade and other
incidental needs.
10) To promote regional, national and
international set-ups to promote the
objectives and programmes of WASME.
11) To promote advancement of
knowledge in different disciplines of
science and technology which may help
develop SMEs and to set up foundation
or endowment, if necessary.
12) To collect, formulate and express views
of member-organisations on connected
matters at various fora - national,
regional and international - with a view
to securing their fullest support to the
various suggestions contained therein.
13) To enter into agreement or
Memorandum of Understanding (MoU)
with any UN, government authority,
agency, NGO, organisation or company
for the advancement and protection of
the interests of SMEs.
14) To promote the study of all questions
relating to international enactments
and conventions governing SMEs and
to propose, promote, support and
suggest legislation and other measures/
actions by any Government or any
department thereof or any other public
or semi public body or officer,
as may be conducive to the interests of
SMEs and, if necessary, voice
concerns/disagreement against such
legislation/measures and actions
if they adversely affect the interests of
SMEs and for this purpose to make
representations to local, national,
regional and international bodies and
agencies.
15) To convene, when thought necessary,
conferences, seminars, workshops and
expert group meetings at such places
and at such times, as may be
determined.
16) To recognise and honour with awards
institutions/ organisations and
individuals for their outstanding
contribution in promoting SMEs in their
own economies or at national, regional
or international levels.
17) To assist in formulating codes of good
conduct, best practices for SMEs and
adoption of good corporate governance
at local, national, regional and
international levels, so as to ensure that
they adhere to certain common ethical
standards and principles and to facilitate
capacity building.
2
OTHER POWERS AND
FUNCTIONS
18) To accept, receive, purchase, take on
lease or hire, acquire any movable or
immovable property or any rights or
privileges necessary or convenient for
the purposes of the Society.
19) To acquire by gift, purchase, exchange,
lease, hire any land, building, equipment
or other properties for the furtherance
of the objectives of the Society and to
construct or alter any building for the
same purpose.
20) To invest surplus funds in such modes
of investments permissible in terms of
Section 11 (5) of Income Tax Act, 1961
and subsequent amendments thereto
from time to time.
21) To sell, lease, transfer, exchange,
mortgage, dispose, deal with any
property belonging to the Society
provided that such activities are not
done with a motive to have commercial
profit or gain but only in the interest of
the member organisations and
furtherance of the objectives of the
Society. All such funds, money or other
securities would be utilized in a manner
so as to sub-serve the objectives
and shall be applied or
accumulated for the promotion of
charitable purposes as stated in the
Income Tax Act, 1961 and shall not be
utilised to declare dividend directly or
indirectly.
22) To accept grants, donations and
financial assistance in other forms from
any person(s), Governments,
Governmental organisations � national,
regional - international, institution
donors, foundations and trusts or enter
into any agreement with them with a
view to promoting the objectives of the
Society.
23) To appoint Honorary Permanent
Representatives of the Society in various
countries to promote the objectives of
the Society. Such officers will
not be paid any honorarium, but may
be reimbursed out-of-pocket expenses
on actual basis.
24) To appoint honorary Senior Advisors in
different countries to provide
intellectual inputs, as and when
needed, to WASME Secretariat in
furtherance of objects of the Society.
Such advisors will not be paid any
honorarium, but may be reimbursed
out-of-pocket expenses on actual
basis.
25) To initiate and support legal action on
its own behalf or on behalf of
members, jointly or severally, in all
courts established by law, whether
on authorisation by member
organisations or an individual or a group
of them.
26) To borrow or raise any moneys or take
loans or advances required for the
purposes of the Society upon
such terms and in such manner and on
such securities as may be determined
by the Governing Body of the
Society.
27) The Society may receive contributions
for advancement of its objectives. The
income and property of the Society shall
be applied solely towards the promotion
of the Society�s object as set forth in the
present Memorandum provided that
nothing herein shall prevent the
payment in good faith of remuneration
to any officer or employee of the
Society, or the payment of adequate
compensation and proper rent for
premises demised or let by any member
to the Society, but no member of the
Governing Body/Committees or
Management of the Society or any
3
office bearer of the Society shall be paid
by way of fees/remuneration.
28) No member of the Society shall have any
personal claim on any movable or
immovable properties by virtue
of his membership. Such assets stated
above, belonging to Society can be
let out with adequate compensation
to Society as stated in the Income Tax
Act.
29) To arbitrate and adjudge controversies
between member organisations.
30) To carry on such activities of general
public utility nature, which do not
involve any activity for profit by the
Society. Any such activity undertaken by
the Society shall be conducted on a no
profit and no loss basis and the
incidental surplus, if any, shall be applied
only to the objects of the Society and
shall not be distributed as dividend,
profit, bonus or otherwise to the
members besides what is permissible to
do within the meaning of charitable
purposes.
31) True accounts shall be kept of all sums
of money received and expended by the
Society and the transactions in respect
of which such receipt and expenditure
take place, and of the property, credits
and liabilities of the society: and subject
to any reasonable restriction as to
the time and manner of inspecting the
same that may be imposed in
accordance with regulations of
the Society for the time being in force,
the accounts shall be open for
inspection by the members. The
accounts of the Society shall be
prepared every year and correctness of
the Balance Sheet and the Income and
Expenditure account ascertained by one
or more properly qualified auditor or
auditors.
32) To do all such other lawful acts and
deeds as are incidental or conducive to
the attainment of any or all of the
objectives of the Society.
33) All the incomes, earnings, movable and
immovable properties of the Society
shall be solely applied towards the
promotion of its aims and objects only,
as set forth in the Memorandum of
Association and no profit on thereof
shall be paid or transferred directly or
indirectly by way of dividends, bonus,
profits or in any manner whatsoever to
present or past members of the Society
or to any person claiming through any
one or more of the present or past
members.
34) To establish and support, or aid in the
establishment and support of
associations, funds and trusts
calculated to benefit employees of the
Society or the dependants of such
persons, and grant pensions,
allowances, gratuities and
bonuses and to make payments
towards insurance and to form
and contribute to provident,
superannuation and other benefit
funds, to or for the benefit of such
persons.
GOVERNING BODY
35) The names, addresses, occupations and
designation of the first members of the
Governing Body to whom the
management of the Society is
entrusted as required under the
Societies Registration Act of 1860,
as applicable to Union Territory
of Delhi, are as follows:
The names, addresses and
occupation of the first members of the
Governing Body are as per next page:
4
5
S. Name & Occup. Desi. S i g .
No. Address
1. Ki-Jung Ryu Business President Sd/-15 Ulchiro, 2-ka,Chung-ku, Seoul(Korea)
2. Dr. Kamal Abou Banker Vice- Sd/-Ind. Development PresidentBank,110 El Galaa Street,Development
3. R.S. Agarwal Banker Vice- Sd/-Small Industries PresidentDevelopment Bankof India, NarimanBhavan,Nariman Point,Bombay-21, (India)
4. NA Shuliatieva Business Vice- Sd/-Union of Small Executive PresidentEnterprises ofUSSR & RussiaVishnijakovskyper,10-A 113184Moscow (Russia)
5. S. Vlachoupoulos Business Member Sd/-Eommex Executive16 Xenias StreetAthens (Greece)
6. S.G. Saboo Business Member Sd/-Shree EngineersA-16 Shastri NagarJodhpur 342003,(India)
S. Name & Occup. Desi. S i g .
No. Address
7. P.G. Ratnayake Govt. Member Sd/-
Ministry of Tourism Service
& Rural Industrial
Development,
No.45, St. Michael�s
Road,
8. Bakale Tadasse Govt. Member Sd/-
Government of Service
Ethiopia,
P.O.Box 704
Addis Ababa
(Ethiopia)
9. Zoltan Roman Business Member Sd/-
Hungarian Small Executive
Business Association
Szeher, Ut 7,
Budapest II
Hungary
10. Adrian Severin Govt. Member Sd/-
National Agency Service
for Privatisation,
2-4, Ministrerulai
Street, Bucharest
(Romania)
11. Dr. Chakradhari Business Secretary Sd/-
Agrawal C-20 B, General
Green Park Extn.
New Delhi, (India)
Signatures of all the above subscribers have been witnessed by Mr. Maheshwari, Chartered
Accountant (Membership No 85 743) S/o Mr. S. K. Maheshwari, D-288/16, Chamber No 207,
Vikas Marg, Laxmi Nagar, Delhi - 110092.
PRELIMINARY
1. In the interpretation of these articles,
the following words and expressions
shall have the following meanings,
unless repugnant to the subject or
context:
a. These Rules and Regulations may be
called the �Rules and Regulations:
of �World Association for Small and
Medium Enterprises�.
b. The acronym �WASME� stands for
�World Association for Small and
Medium Enterprises�.
c. The �Society� means WASME.
d. The �Council� means The Council of
the Society, which according to Rule
7(a) shall function as the apex body
of the Society.
e. The �Governing Body� means The
Governing Body of the Society,
which according to Rule 8 shall
exercise full power on behalf of the
Society.
f. The �Bureau� means the Executive
Committee of the Society
constituted by the Office Bearers.
g. The �National Committee� means a
national level body constituted by
the Governing Body for the specific
purpose of furtherance of WASME
movement in a country where there
is and shall always remaining at least
one general member.
h. The �Office Bearers� means the
President, Vice Presidents, Secretary
General and Treasurer whose rights
and privileges are defined
elsewhere.
i. The �Member� means a member
admitted as such under these rules.
j. The �Seal� means the common seal
of the Society.
MEMBERSHIP
2. a. A committee consisting of President
one of the Vice Presidents, Secretary
General and one of the Advisors
who may be readily available may
decide admission of a member in
different categories: General
Member, Associate Member and
Permanent Member on payment of
prescribed admission and advance
annual membership fee.
b. General Members: General
Members mean such Organisations/
Institutions/ Chambers and
Associations of Enterprises,
Commercial, Industrial and Finance
Organisations, Government
Departments and Governmental
and Non-Governmental institutions
RULES AND REGULATIONS
OF
WORLD ASSOCIATION FOR SMALL
AND
MEDIUM ENTERPRISES
6
*As amended at the Special Session of the Governing body held on 14 January 2002
which safeguard the interests of
SMEs.
c. Associate Members: �Associate
Members� mean such Individuals/
Enterprises/ Corporations etc.,
which are engaged in SME business
activities and academicians,
researchers, consultants, engaged in
the service of SME Sector.
d. Permanent Members :
�Permanent Members� mean any
General Member or Associate
Member who contributes to the
funds of the Society an amount of
US $ 20,000. They will not be liable
to pay annual membership fee after
becoming Permanent Member of
the Society.
e. In the event of refusal of admission
by the Committee at 2a, the Bureau
shall be the final authority in regard
to admission and its decision shall
be final and binding.
RIGHTS OF MEMBERS
3. a. Membership in all categories shall be
entitled to all the facilities offered
by the Society including right to
participate in its activities, to receive
publications, circulars, literature,
documents etc. issued by it from
time to time and invitation to
various national, regional or
international programmes and
activities organised by the Society or
to which it may be invited, as an
organisation to participate.
b. General, Associate and Permanent
members may seek election or vote
in the election according to their
own category. General and
Permanent (General) Members
alone shall have right to hold any
elective post of Office Bearer in the
Society.
c. The Permanent Members shall be ex-
officio members of the Governing
Body subject to a maximum of nine.
In case the total number of
permanent members exceeds nine,
they may from among themselves
choose nine members to represent
them in the Governing Body.
d. General and Associate members will
cease to be a member of the Society
upon the acceptance of their
resignation from the membership of
the Society, upon their changing the
line of activity which are at variance
with the objects of the Society, and
for reasons mentioned at 4 below.
TERMINATION OF
MEMBERSHIP, RESIGNATION,
APPEALS AND RE-ADMISSION
4. a. The membership in General and
Associate Category may be
terminated by the Governing Body
for the following reasons amongst
others:
b. Non-payment of membership dues
within three months of due date
inspite of notice(s) by the Society,
unless the period for payment of
dues has been extended as per Rule
5a.
c. The member is declared insolvent
and/or has been prosecuted and
sentenced on criminal charges
according to law.
d. Acting deliberately against the
interest of the Society and injuring
its cause.
e. The Governing Body upon its own
authority may terminate the
membership, if in the opinion of
three fourth of the members of the
Governing Body present and voting,
the conduct of such member
7
appears objectionable or is likely to
bring the Society into disrepute.
Provided that no such action shall
be taken, except at a regular
meeting of the Governing Body, and
that at least 60 day�s notice of this
meeting and of the contemplated
action shall have been given by the
Governing Body to the Member
concerned, and that at such meeting
the member concerned is given an
opportunity of giving an oral or
written explanation or defense he
may think fit. Such termination shall
take effect from the date of such
decision of the Governing Body and
the proportionate membership
contribution for the current year
calculated from the date of
termination shall be refunded to the
member concerned.
f. For reasons, which in the opinion of
the Governing Body are enough for
terminating the membership, the
Governing Body shall not be under
obligation to explain or divulge
the reasons for terminating
membership. An appeal against the
decision of the Governing Body may
lie with the Council whose decision
shall be final and binding.
g. Resignations: A member may
resign from the Society provided the
annual dues for the current financial
year in which the resignation is
submitted have been fully paid and
the resignation is communicated
in writing to the Society�s
Headquarters. The Secretary
General shall have the authority to
accept such resignations and inform
the President and the
Governing Body. No resignation
shall come into effect unless the
membership and other dues, if any,
have been fully paid. A member�s
liability on this or other accounts
would not cease.
h. Appeal: An appeal against the
decision of the Governing Body or
terminating the membership can be
placed with the Council. The
members of the Council by ¾
majority of those present and voting
may restore the membership of a
member. Till such time a final
decision is taken on the appeal
against the termination of
membership, it shall remain
suspended.
i. Re-admission: A member of the
Society whose membership has been
terminated or whose resignation has
been accepted in terms of rules 4
(a) and 4 (g), respectively may apply
for re-admission. The final decision
will lie with Governing Body.
MEMBERSHIP DUES
5. a. Notice for Membership dues:
Notices for Payment of membership
dues shall be sent in advance and
shall be paid within 90 days of each
financial year beginning on April 1.
Failure to do so within a further
grace period of 45 days shall make
the member liable to lose his
membership. However, the
President/ Secretary General may
extend the period for payment of
the dues for a further period of 30
days. All such cases of non-
remittance of membership dues will
be reported to the Governing Body.
No member who is in default of
membership dues shall be eligible to
seek any office in the Society or be
eligible for participating in the
voting.
b. The Governing Body shall fix the
annual membership dues payable in
Indian rupees from members in
India, Nepal and Bhutan and in
8
US $ from members outside these
countries and may revise the
membership dues from time-to-time
assigning specific reasons
for the proposed increase. The
decision of the Governing Body in
this regard shall be final and
binding.
c. The Governing Body may
also fix such admission fee in US
Dollars as it may decide from time
to time.
d. In case of members from India,
Nepal and Bhutan, they may pay in
Indian Rupee equivalent of
prescribed fees in US Dollars. The
conversion rate, based on the official
exchange rate, will be determined
by the Secretary General in the
beginning of each financial year.
e. Admission fee shall be capitalised.
Annual subscription received from
members in the first year shall also
be capitalised and in all subsequent
years shall be treated as the revenue
of the Society.
f. All payments regarding admission
and or membership dues shall be
made in one instalment within
stipulated time at the beginning of
each financial year.
g. Any institution/ organization/
individual may be admitted as
member by the Committee (2. a) in
any part of the year provided that
the admission fee and full year�s
dues are paid in advance. However,
in case of admission within three
months of the closing of a financial
year, the membership shall be valid
for next six months.
COUNCIL
6. a. All the members of the Society shall
be eligible to participate in the
meeting of the Council. All General
Members shall be eligible to vote.
The President and/or the Governing
Body may nominate/invite such
special invitees as they may
consider proper to attend the
meetings of the Council. Such
nominees/invitees shall not have the
right to vote.
b. Only voting members shall be eligible
to vote in the proceedings.
c. The Governing Body may allot such
quota of voting members to
the Associate members as it
considers appropriate. The
decision of the Governing Body shall
be final.
d. All permanent members shall have
voting powers even though they
may originally be belonging to the
associate member category.
Powers of the Council
7. a. The Council shall be the apex policy
making body of the Society and shall
be presided over by the President
and in his absence by one of the
Vice-Presidents.
b. The Council shall deliberate and
decide on such matters as may be
referred to it by the Governing Body.
The Council shall also be informed
of the decisions of the Governing
Body.
c. The Council shall elect the President,
Vice-Presidents for a period of two
years commencing on 1st April every
alternate year. Vice-Presidents shall
be elected from different
geographical regions as far as
possible.
d. The number of Vice-Presidents shall
not exceed 10. The regions should
9
be represented in the manner
suggested:
Asia and Pacific 3
Africa and Middle East 3
Europe 2
Americas 1
Russia and CIS 1
e. None of these office bearers will
hold office for more than two terms
consecutively. However, they may
seek election after a gap of one
term. The Secretary General will
serve as the Returning Officer.
f. The Council shall review the progress
achieved towards realisation of the
society�s objectives and issue such
directives as it may consider
appropriate to the Governing Body
and the Secretariat of Society. The
Council may also periodically review
the development of small and
medium enterprises in different
countries and suggest appropriate
policy measures for strengthening
the small and medium enterprise
sector. The Secretary General shall,
as soon as practicable, transmit to
all members of the Society a
summary of the deliberations of the
meeting of the Council.
g. The Council may determine its own
procedure of functioning it considers
necessary in accordance with these
rules.
h. The quorum shall consist of 20
General Members attending it
personally and all decisions shall be
by majority of the members present
and voting.
However, if within half an hour from
the time appointed for the meeting,
the necessary quorum is not
forthcoming, the meeting shall
stand adjourned for half an hour
and the adjourned meeting will be
conducted thereafter on the same
day. For the adjourned meeting, no
quorum will be necessary.
i. The Council shall meet at least once
in two years. All such meetings shall
be convened by the Secretary
General with the concurrence of the
President.
j. All questions except relating to
policy matters shall be determined
by majority of votes. Any policy
decision shall require majority of2/3 votes of the present and voting
members.
In the event of equality of votes, the
President of the Session shall have
the casting vote.
k. The President through the Secretary
General shall have the discretion to
invite representatives of appropriate
international organisations and
from governmental and non-
governmental agencies which have
common purpose or who may
contribute to discussions on agenda
items to participate as non-voting
special invitees. No person who is
not a voting member of the Council
shall have the right to vote at its
meetings.
l. The Council may lay down such
other procedures as it may consider
expedient.
MANAGEMENT OF THE
SOCIETY
Governing Body
8. a. The affairs of the Society shall be
managed, administered, directed
and controlled by the Governing
Body in accordance with rules and
regulations of the Society.
b. The Governing Body shall be the
supreme executive agency of the
10
Society. It shall have the power to
manage and superintend the affairs
of the Society and act in the name
of the Society. It shall take all
appropriate decisions and actions
for implementation of the policy
decisions of the Council and exercise
budgetary controls.
c. The maximum strength of the
Governing Body shall be 42 including
the maximum of 9 members
representing permanent members
as explained in article 3 (c) above.
The minimum strength of the
Governing Body shall be 14. The
associate members (excluding
permanent members) shall have
maximum quota of 4 members who
shall be elected as per bye-laws
which may be prescribed in this
regard by the Governing Body. The
full Governing Body shall consist of
the President, 10 Vice presidents, the
Secretary General and 30 members.
d. All movable and immovable
properties of the Society shall vest
in the Governing Body. Such
person(s) as may be authorised by
the governing Body on its behalf,
shall have the power to execute
contracts on behalf of the Society
to take over and acquire projects,
gifts, libraries, collections and funds
together with any attendant
obligations and engagements not
inconsistent with the objects stated
in the Memorandum of Association
and the provisions of these Rules.
e. The Governing Body shall appoint
Secretary General for periods of five
years each on such terms and
conditions as may be decided. The
Governing Body shall review and
revise the pay and emoluments of
Secretary General every two years.
He can be re-appointed as Secretary
General on as many terms of 5 years
each as the Governing Body may
decide.
f. The Secretary General may resign by
giving three (3) months notice. He
can be removed by three-fourths of
the total members of
Governing Body at a special meeting
to be convened for this purpose
after giving him three (3) months�
remuneration as severance
allowance with other dues such as
gratuity etc.
g. The Governing Body may by a
resolution delegate to the Secretary
General or any other officer of the
Society such of its powers for the
conduct of the business as it deems
fit. Actions taken in exercise of such
delegated powers may be reported
to the Governing Body in due
course.
h. The Governing Body shall have the
power to frame bye-laws for
efficient conduct of the business of
the Society. It may also set up such
committees or committee to
discharge such responsibilities as
may be assigned to them by the
Governing Body.
i. The Governing Body shall have
power to amend or repeal by-laws
with these rules for the
administration and management of
affairs of the Society.
j. The Governing Body shall have the
powers to borrow or to take on loan
such funds on such terms and
conditions from such agency it
considers appropriate for the
conduct of its business. Office
bearers of the Society and other
members of the Society shall not be
personally liable to discharge such
liabilities. The Governing Body may
11
authorise Secretary General/ such
person/ persons as it may deem fit
to sign such documents as may be
necessary to borrow or to take loans
alongwith another officer of the
Society.
k. The Secretary General shall convene
the meetings of the Governing Body
at least once a year or on request of
at least seven(7) of its members. One
of these meetings shall be held
within four months from the date
of close of the financial year (31st
March) to consider and approve the
audited accounts of the Society.
l. The President or the Secretary
General in consultation with the
President may invite any person to
participate in the meetings of the
Governing Body.
m. The meeting of the Governing Body
shall be presided over by the
President and in his absence by one
of the Vice- Presidents from the
region in which the meeting is being
held.
n. Meetings of the Governing
Body can also be conducted through
video conferencing/online
discussions.
o. The members of the Governing Body
shall be elected from amongst
eligible members of the Society.
Every alternate year, 1/3 of the
members of the Governing Body
shall retire by rotation. The members
who retire by rotation shall be those
who have been longest in office
since their last appointment. A
retiring member may seek re-
election for one more term. If, the
Permanent (General) members
exceeds 9, the principle of
retirement by rotation shall also be
applicable to them. No office bearer
shall retire during the pendency of
his term of office. The Society
shall frame bye-laws for the
conduct of elections to the
Governing Body.
p. Each member of the Governing
Body including the Presiding Officer
shall have one vote and if there be
an equality of votes on any question,
the Presiding officer have a casting
vote.
q. An office bearer or member of
Governing Body who absents in
three consecutive sessions of the
Governing Body will automatically
cease to continue as member of the
Governing Body. The President can
fill up the vacancy on
recommendation of the Secretary
General for the unexpired period of
concerned member�s term.
Members in arrears of membership
shall be deemed to have vacated
seat on the Governing Body.
r. The Governing Body shall bestow
the title of Honorary President on
those past Presidents who have
rendered extraordinary service in
guiding, directing and strengthening
WASME and have served a minimum
period of four years (two
consecutive terms) as President.
s. At least 1/3 members of Governing
Body including President or one of
the Vice Presidents will be required
to form a quorum.
However, if within half an hour from
the time appointed for the meeting,
the necessary quorum is not
forthcoming, the meeting shall
stand adjourned for half an hour
and the adjourned meeting will be
conducted thereafter on the same
day. For the adjourned meeting, no
quorum will be necessary.
12
Bureau
9. a. Affairs of the Society shall be carried
on by the Bureau consisting of
President, Vice Presidents, Secretary
General and Treasurer.
b. The Bureau shall exercise power of
the Governing Body in between its
meetings.
c. All decisions taken by the Bureau will
be reported at the meeting of the
governing Body.
d. The Bureau must meet at least once
in a year.
e. The meetings of the Bureau may be
convened by the Secretary General
with the concurrence of the
President.
f. At least five members of the Bureau
will be required to form a quorum.
g. The President or in his absence one
of the Vice-Presidents shall preside
over the meetings of the Bureau.
The Secretary General of the Society
shall be the Secretary of the Bureau.
Registered Office
10. The Council may also decide, if called
upon to do so, by 2/3rd of General
Members of the Society for change in
location of the Society�s Registered
Office provided that no such proposal
shall be carried into effect unless such
proposal shall have been delivered or
sent by post to every member of the
society, 30 day previous to such meeting
of Council in which the proposal is to
be moved and unless such proposal shall
have been agreed to by a vote of ¾ of
the members delivered in person or by
proxy and confirmed by the vote of ¾
of the members present at special
meeting convened for the purpose at
an interval of 6 months after the
aforesaid meeting.
Powers and Duties of Office
Bearers
11. (a) President
i The President shall be elected by the
Council with a minimum of 2/3
majority of members present and
voting. The President shall hold
office for a period of two financial
years and shall be eligible for re-
election for a period not exceeding
one more term of two years.
ii In case President resigns, is
incapacitated or quits the post for
any reason whatsoever before the
expiry of his term, the senior most
Vice-President shall assume the
office of President for the remaining
period of the term.
iii The minutes of the meetings shall
be signed by the President or one
of the Vice-Presidents chairing the
Session in the absence of the
President after they have been
approved at subsequent meetings of
the concerned Body.
iv The President shall sign all the
resolutions alongwith the Secretary
General.
v The President shall exercise all such
powers as have been assigned to
him under these Rules.
vi The President shall be kept informed
by the Secretary General of the
Society on its affairs. The President
shall be the spokesman of the
Society on all occasions where he is
present except in cases where he
voluntarily delegates authority to
one of the Vice-Presidents or to the
Secretary General.
vii The President shall when present,
preside at all meetings of the Society
including Council, Governing Body
and the Bureau.
13
(b) Vice Presidents
i There shall be ten Vice Presidents,
who will be listed according to their
seniority. They will be elected from
different geographical regions as
indicated at 7d.
ii They will be elected every alternate
year by the Council at a meeting and
shall hold office for a period two
financial years concurrent with the
office of the President. They shall be
eligible to seek re-election for a
period not exceeding one more term
of two years.
iii In case of vacancy occurring in the
office of Vice Presidents due to
resignation/retirement or transfer
from his substantive office, the
governing Body may fill in this
vacancy only for the remainder
period of the term.
Senior most Vice President shall
normally preside over the meetings
of various bodies.
iv Vice Presidents shall discharge such
responsibilities or enjoy such power
as may be assigned to them by the
Bureau or the President.
(c) Secretary General
i See rule 8e.
ii In case the Secretary General resigns,
is incapacitated or quits the post for
any reason whatsoever before the
expiry of his term, the President shall
appoint a new incumbent on ad-hoc
basis till a regular appointment is
made by the Governing Body.
iii The Secretary General shall be the
Chief Executive of the Society and
shall manage and control its affairs
under the guidance of the
Governing Body. He shall be
responsible for implementing the
decisions of the Bureau, Governing
Body and the Council and shall have
overall charge of the affairs of the
Society at its headquarters.
iv All correspondence on behalf of the
Society will ordinarily be conducted
by the Secretary General or on his
behalf by such officers of the Society
as may be authorised by him.
v The Secretary General may sue and
shall be the person to be sued, shall
make appearance in Courts
wherever required and shall be the
person who will deal with all legal
issues.
vi The Secretary General shall function
under the general directions of the
President.
vii The Secretary General shall have full
authority over the members of staff
of the Society and shall issue to them
such directions, apportion duties
and responsibilities in such manner
as he may consider appropriate.
viii The Secretary General shall be the
designated officer of the Society to
ensure compliance with the
provisions of applicable laws, rules
and regulations.
(d) Treasurer
i The Treasurer shall be elected by the
Council or nominated by the
President for a term of two years
concurrent with the term of the
President.
ii The Treasurer shall be eligible for re-
election or re-appointment for
further term of two years.
iii He shall be the Chief Financial Officer
of the Society.
iv The Treasurer shall be elected or
nominated by President from
14
amongst the members in the
country where headquarters of the
Society is located.
v The Treasurer shall not be personally
liable for any acts of omission/
commission of the Society or its
officers/ staff and shall not
personally handle any funds.
vi He will ensure that the accounts of
the Society are kept in prescribed
form and are audited within the
prescribed period.
vii He will also make a report to the
Governing Body and the Council on
the financial affairs including the
budget of the Society.
viii The Treasurer shall be responsible to
the Governing Body of the Society.
NATIONAL COMMITTEE
12. (a) The National Committee may be set
up in such countries as the
Governing Body may deem
appropriate to assist in the
attainment of objects of the Society.
It will be obligatory to have at least
one general member of the Society
before a National Committee is set
up and duly recognised.
(b) The National Committee will be a
national level body constituted
of various governmental/
non-governmental Agencies/
Organisations/ Institutions engaged
in the protection and promotion of
Small and Medium Enterprises,
Representatives of the Enterprise
Sector, Educational and Financial
Institutions/ Banks, Experts,
Consultants, etc in the country.
(c) The bye-laws of the National
Committee shall be framed by such
Committee in accordance with the
rules and regulations of the Society
and the model bye-laws framed by
the Governing Body.
(d) National Committee, after its
recognition, shall have the freedom
to make such alterations as it may
consider desirable while maintaining
the basic character of the model bye-
laws.
(e) Election to the offices of the
National Committee shall be
conducted in the manner laid down
by its Executive Committee.
(f) The funds raised by the National
Committee shall be used exclusively
for the purpose for which these are
raised.
(g) The Committee shall pay an annual
affiliation fee to the Society as may
be decided on case to case basis by
the Bureau of the Society.
(h) The Governing Body may call upon
National Committee to raise funds
for specific purposes and for
remitting the same to its funds in
accordance with the laws and
regulations of the country
concerned.
(i) All members of the WASME in a
country shall be the Ex-officio
members of the National Committee
in that country.
PERMANENT
REPRESENTATIVES AND
SENIOR ADVISORS
13. Permanent Representatives
These honarary offices were created and
are located in various member countries
to serve as mouthpiece of the SME
sector and voice their concerns as
Representatives of WASME.
Senior Advisors
Eminent personalities and experts were/
are appointed as honorary Advisers in
15
various countries to extend advisory
service to WASME.
Funds
14. The funds of the Society shall consist of:
(a) Admission fee, annual membership
fee, contributions, subscriptions,
registration fees, consultancy, sale of
publications, training, scholarship
and research, secondments,
donations, grants, gifts, etc.
(b) Loans and Advances
(c) Income from Activities
(d) Other Miscellaneous Receipts
Functions
15. (a) The Society shall carry on such
activities in the interest of people of
its member country in general and
members in particular which do not
involve any activity for profit by the
Society.
(b) Any such activity undertaken by the
Society shall be on No Profit No Loss
basis and surplus, if any, being
incidental to activities, shall be
employed for the objects of the
Society only and shall not be
distributed as dividends, profits or
bonus or in any other manner to its
members.
Expenditure & Withdrawal of
Money
16. (a) The Secretary General shall be
entitled to incur expenditure within
the budget approved by the
Governing Body or with specific
permission of the President where
certain expenses are to be incurred
even though there are no relevant
provisions in the budget. However
all such later expenses shall be
specifically reported to the
Governing Body and confirmed.
(b) The Governing Body shall pass
resolution for opening account/
accounts in scheduled banks in the
country where its offices are located
to be operated by such officer(s) of
the Society as may be designated for
the purpose. All accounts shall be
operated by a minimum of two
officers of the Society.
Financial Year
17. The financial year of the Society will be
from 1 April to 31 March.
Accounts
18. (a) The Governing Body shall appoint a
Chartered Accountant Auditor of
the Society on such remuneration as
it considers suitable. The term of
appointment of the Auditor shall
not exceed 5 years. His appointment
will be renewed every year on such
remuneration as may be approved
by the Governing Body.
(b) The audited accounts shall be placed
before the Governing Body for
consideration and adoption along
with a report of the Auditors within
four months of the close of the
financial year at its Session
as prescribed at 8k. along with
such explanations on the report as
the Secretary General may think
proper.
Liability
19. The Office bearers and members of the
society and its constituent committees/
offices shall be indemnified in respect
of all work done by them in good faith
for the Society.
Amendment to Memorandum
20 As and where it shall appear advisable
to the Governing Body to alter, extend
16
or abridge such purpose or purposes for
which the Society has been established
or to amalgamate the Society either
wholly or partially with any other
Society, the Governing Body may
submit a proposition to the members
at a Council meeting or through
circulation by mail, including e-mail, in
a written or printed report and convene
a special meeting thereof as per rules
and regulations. But no such
proposition, shall be carried into effect
unless such report shall have been
delivered or sent by the post to every
member of the Society, 60 days previous
to the special meeting of the Council for
the consideration thereof, and unless
such proposition shall have been agreed
to by vote of 3/5 of the members
delivered in person or by proxy and
confirmed by vote of 3/5 of the members
present at a second special meeting of
Council at interval of one month after
the former meeting.
Amendment to Rules and
Regulations
21. The Rules and Regulations may be
amended by a majority or ¾ of the
members for the Governing Body
present at specific meeting called for the
purpose or through circulation by mail,
including e-mail.
Dissolution
22. (a) If upon the dissolution of the
Society, there shall remain after the
discharge of its debts and liabilities
any property whatsoever, the same
shall not be disbursed (or cash
proceeds paid) among the members
of the Society, but shall be given/
handed over to similar charitable
organisations for similar charitable
purpose according to the decision at
special meeting of Council by
majority of 3/5 of the members
present according to Sections 13 and
14 of the Societies Registration Act,
1860 (Punjab Amendment Act 1957)
as extended to the Union Territory
of Delhi.
(b) Provided that in the event of any
dispute upon dissolution they shall
be referred to the Principal Court of
Original Jurisdiction at Delhi and the
Court shall make order thereon.
Annual List of Managing/
Governing Body
(Sec.4 of Act)
23. Once in every year a list of the office-
bearers and members of the Governing
Body of the Society shall be filed with
the Registrar of Societies, Delhi as
required under Sec.4 of the Societies
Registration Act, 1860.
Legal Proceedings (Section 6 of
the Act)
24. Society may sue or be sued in the name
of the Secretary General, as per
provision laid down under Section 6 of
the Society Registration Act, 1860 as
applicable to the Union Territory of
Delhi.
Amendment
25 Any amendment in the Memorandum
of Association or Rules will be carried
out in accordance with procedure laid
down under Sections 12 and 12-A of
Societies Registration Act, 1860.
Dissolution/ and Adjustment of
Affairs
26. If the Society needs to be dissolved, it
shall be dissolved as per the provisions
laid down under Sections 13 and 14 of
the Societies Registration Act, 1860, as
applicable to the Union Territory of
Delhi.
17
18
Application of the Act
27. All the provisions under all the Sections
of the Societies Registration Act, 1860,
as applicable to the Union Territory of
Delhi, shall apply to this Society.
Essentiality of Certificate
28. Certified that this is the correct copy of
the Rules and Regulations of the Society.
SD/- SD/- SD/-
President Vice President Secretary General
top related