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Association Uttar Pradesh

CONSTITUTION

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Constitution

ConstitutionOfThe Uttar Pradesh Commercial Tax Service Association

Title: The Association shall be called “The Uttar Pradesh Commercial Tax Service Association.
Aims and Objects :
1. to exchange and coordinate ideas on the working of Commercial Tax Scheme and to devise ways and means to administer them for the goods of the public.
2. To safeguard and promote the interests of the members of the Association
3. To promote social relations and Espirit De-Corps amongst the members.
4. To maintain the self respect, dignity and reputation of the service.
Membership – all directly recruited Assistant Commissioners including those promoted to higher posts of Deputy Commissioner, Joint Commissioner, Additional Commissioner, Member Commercial Tax Tribunal or any other posts shall be members of the Association unless and member informs the General Secretary in writing that the does not want to continue as member.
Subscription ;-
1. Every Member of the Association shall pay be way of annual subscription as amount prescribed by the General Body of the Association from time to time.
2. The Annual Subscription for the financial year commencing on April 1st shall fall due on the same day.
3. The Annual subscription shall be paid by the end of the Calendar month of May every year.

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“This Article has been substituted for the following in the Annual general meeting held on 29 October, 1999- “Membership: All Assistant Commissioner (Commercial Tax) including those promoted to higher posts shall be members of the Association unless some member informs the secretary in writing that he does not want to continue as member”

Upgraded names of the posts have also been accommodated in this article.

“This Article has been substituted for the following in the Annual general meeting held on 29th October, 1999- “Rate of Subscription:
1. Annual subscription Rs. 25 tolling due on April 1St every year, or Rs.250- for whole life membership”.
2. The Annual subscription Rs. 1000 per annum.

The Annual subscription Rs. 2000 per annum has been fixed by the amendments made in the Annual General Body Meeting dated November 22, 2004.

Cessation of Membership :
1. On resignation.
2. On being called upon to resign for default of subscription or for any other reason provided that no such requisition shall be made except by a resolution at the General Meeting.

Note : No member shall be eligible to be or continue as office bearer if he is in arrears to the extent of more than three subscriptions.

Officer Bearers :
Patron

President,
Three Vice Presidents,
General Secretary,
Four Joint Secretaries,
Treasurer, and
Auditor

They shall all be elected at the Annual General Meeting from amongst the members and shall hold office upto the next Annual Meeting, or till the date when the Executive Body is dissolved by the Patron of the Association in exercise of the powers conferred upon him by this Constitution, whichever is earlier.

If the date of next annual meeting of the general body is not announced by the Executive Committee within 365 days of its formation fixing a date that falls not later than 30 days after the said 365” day, the Patron, after giving a notice of one month from the said 365” day to the President and General Secretary of the Association, shall dissolve the Executive Committee, and from a committee of five members from amongst the members of the Association and shall convene the meeting of the General Body with the help of the Committee so formed by him.

The Patron of UP Vanijya Kar Sewa Sangh and the Chairman Election Board shall jointly have the responsibility to convene an AGM and divest the President and General Secretary of their authority, in case the elected executive body fails to fulfill at 25% of the promises made in their electoral declaration, within 6 months of their being elected. This paragraph has been inserted by the amendments made in the 53rd Annual General Body Meeting dated March 15, 2023

The elected executive body shall within every 3 months, convene a meeting either at Vanijya Kar Adhikari Training Institute Lucknow or RTC Ghaziabad, to ensure fulfillment of promises ion the interest of esteemed members. This

paragraph has been inserted by the amendments made in the 53rd Annual General Body Meeting dated March 15, 2023

The elected executive body shall ensure election of UP Vanijya Kar Sewa Sangh in the month of April 2024 and henceforth, each year. In case the executive body fails to do so that the Patron of Vanijya Kar Sewa Sangh and the Chairman Election Board shall in the month of May agree upon and dismiss the elected executive body and convene an AGM and ensure election of a new executive body. This paragraph has been inserted by the amendments made in the 53rd Annual General Body Meeting dated March 15, 2023

(b)‘Duties of the Officer Bearers’

‘Patron : He shall be elected by the General Body Meeting from amongst the Senior most members of the Association, viz. Member Commercial Tax Tribunal or Additional Commissioner and hold office till next General Body Meeting. He shall not function as any office bearer viz president, General Secretary but President may seek advice on the Constitutional responsibilities and other matters.

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****** word “Patron” has been inserted by the amendments made in the Annual General Body Meeting dated 29 October 1999.

Amended in November 2004

***** words “General Secretary” has been replaced for the word “Secretary” by the amendments made in the annual General Body Meeting dated October 29, 1999.

Amended in November 2004

**** underlined words have been inserted by the amendments made in the Annual General Body Meeting dated November 22, 2004.

Its paragraph has been inserted by the amendments made in the Annual General Body Meeting dated October 29, 1999.
1. The President – He will, besides performing the usual function attached to that office, represent the Association on all formal and ceremonial occasions. He will be kept in touch with all the affairs of the Association and will be consulted before an important circular is issued to the members or any representation or letter is sent to the Government or Commissioner, Commercial Tax. He may authorize the Secretary to incur expenditure not sanctioned in the budget to the limit or Rs. 1000/- at a time.
2. The Vice Presidents – They shall exercise powers of the President as may be delegated to them by the President. In the absence of the President, senior most from amongst them who are present in the meeting, shall preside at the meeting of the Executive Committee or at a General Meeting.

Its paragraph has been inserted by the amendments made in the Annual General Body Meeting dated October 29, 1999.
1. The General Secretary –He, assisted by the Joint Secretaries will be responsible for all the activities of the Association. He will, subject to the control of the President correspond with the Government or the Commissioner, Commercial Tax on matters and in the way directed by Executive Committee or by the General body and may also on their behalf make such enquiries from the Government or the Commissioner Commercial Tax as may be necessary for the fulfillment of the aims and objects of the Association. He will call the meeting of the Executive Committee at least once in three months and shall be bound to call one within a fortnight on a requisition by at least fifteen members of the Committee. He will be bound to circulate within a fortnight any proposal which at least fifteen members of the Executive Committee request him to circulate to the members of the Committee or of the Association, as desired. He will also be responsible for drawing up representations to the Government regarding adopted resolutions. He will prepare annual report. He may delegate all or any of the powers to any Joint Secretary.,
2. (iv) "The Joint Secretary y The Joint Secretary shall exercise powers of the General Secretary as may be delegated to him by the General Secretary. In the absence of the General Secretary, he shall function as General Secretary.
3. (v) The Treasurer He shall collect subscriptions and other dues, issue receipts and make payments. He shall lay yearly accounts before the Executive Committee in April/May and prepare annual accounts, and budget for submission to the Annual General Meeting after being approved by the Executive Committee.
4. "The Bank Account of the Association shall be operated jointly by the General Secretary and the Treasurer.
5. Note The accounts of the Association shall be maintained on the financial year basis and balance sheet shall be prepared for the year ending 31" March each year for audit purposes.
6. (vii) The Auditor He shall audit accounts of the Association at least once a year. He shall have power to call any report or any papers at any time. The Auditor's report with the Secretary's comments shall be laid before the Executive Committee which will take final decision on it. Unless it desires to lay any matter arising out of it before the General Meeting, the audit report with the Secretary's comments and the decision of the
7. Executive Committee thereon will form enclosures to the Annual report.
8. Executive Committee The executive Committee shall be the standing body o the Association and perform all the functions of the latter on its behalf. It decision will be the decisions of the Association.
9. (a) Composition: - It shall consist of

All the officer bearers;
1. ab clause has been inserted by the amendments made in the Annual General Body Moering dated OcL 1999.

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**** is paragraph has been substituted, by the amendments in the annual meeting dated 22.11.2004, for the following-

**** may dissolve the Executive Committee of the Association after two years and my call General Body meeting to hold fresh election after giving one month notice to the President and General Secretary to convene General Body Meeting”.

****** Rs. 1000/- have been replaced for Rs. 250/- by the amendments made in the Annual General Body Meeting dated October 29, 1999.

******************* 4th page not clear print**********

“One representative each from amongst “Assistant Commissioner posted in the area comprising the Zone of Additional Commissioner Commercial Tax without having regard to the nature of posts they held at that time

“Fifteen representatives from amongst members holding the post of “Deputy Commissioner comprising one member from each zone of the Additional Commissioner Commercial Tax.

“Fifteen representatives from amongst members holding the post of “Joint Commissioner comprising one member from each Zone of the Additional Commissioner Commercial Tax.

The immediate past President and General Secretary of the Association.

All members posted at the place, for the purposes of the meeting held at that place;

Three members nominated by the President;

“One representative from amongst the members holding the post of the Additional Commissioner Commercial Tax and one member from amongst members holding the post of Member Commercial Tax Tribunal Uttar Pradesh.

Note The President may invite any member or members to attend a meeting of the Executive Committee, but they will not have a right to vote.

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“This sub clause has been inserted for the following by the amendments made in the Annual General Body Meeting dated October 29, 1999.

“One representative each from amongst Commercial Tax Officers posted in the area comprising the Zone of Deputy Commissioner, Commercial Tax without having regard to the nature of posts they held at that time”.

“Assistant Commissioner” has been substituted for “Commercial Tax Officer” owing to upgradation of the names of the posts.

“Assistant Commissioner” has been substituted for “Commercial Tax Officer” owing to upgradation of the names of the posts.

“This sub clause has been inserted for the following by the amendments made in the Annual General Body Meeting dated October 29, 1999.

“Six representative from amongst the members holding the posts of the Assistant Commissioner”

“Deputy Commissioner” has been substituted for “Assistant Commissioner” owing to upgradation of the names of the posts.

“This sub clause has been inserted for the following by the amendments made in the Annual General Body Meeting dated October 29, 1999.

“Three representatives from amongst members holding the posts higher than that of Assistant Commissioner”

“Joint Commissioner” has been substituted for “Deputy Commissioner” owing to upgradation of the names of the posts.

“This sub clause has been inserted for the following by the amendments made in the Annual General Body Meeting dated October 29, 1999.

“One representative from amongst the members holding the post of member, Commercial Tax Tribunal, Uttar Pradesh.”

To keep up the interest of the members.

To examine all proposals before they go the General Meeting.

To pass the half yearly and annual accounts, and the annual budget and report before submission to the annual general meeting. It shall also examine all proposals sent up by the individual members or branches before they are included in the agenda of the General Meeting, and it will be within its competence to suggest to the mover, the withdrawal of any proposal.

To Consider resignation of the office bearers, its own members and members of the Association and to fill up casual vacancies,

To make and approve representations, memorials and memoranda to Government or to other authorities.

To authorize expenditure not sanctioned in the budget upto a maximum of Rs. 5000/- at a time.

To authorize any member or members to operate bank account.

At least seven days clear notice will be necessary for meeting of the committee other than adjourned meeting.

The quorum for a meeting of the Executive Committee shall be fifteen but no quorum will be necessary for an adjourned meeting.

The President and General Secretary shall have power to spend Rs. 25,000/- each quarter without any audit. This paragraph has been inserted by the amendments made in the 51st Annual General Body Meeting dated July 17, 2017

Formation of “Zonal Executive Committees

These Zonal Executive Committees shall be formed at the level of the area comprising the Zone of the Additional Commissioner Commercial Tax in the State. The Joint Commissioner, Deputy Commissioner and Assistant Commissioner Commercial Tax of the Zone elected as member of the Central Executive Committee shall be the President, Vice president and Secretary cum Treasurer of the Zonal Executive Committee respectively. The above office bearers of the Zonal Executive Committee shallNominate unanimously four members for the Zonal Executive

******* 1000/- have been replaced for Rs. 500/- by the amendments made in the Annual General Meeting dated October 29, 1999.

******** has been substituted for the word Regional the word Zone for the word Range and the Additional Commissioner for the words Deputy Commissioner by the amendments made in the General Body Meeting dated October 29, 1999.

***** has been substituted for the old clause by the amendments made in the Annual General Body Meeting October 29, 1999 and the change in the name of the posts has also been accommodated in the ***** made in the meeting of 1999.Nominate unanimously four members for the Zonal Executive

Committee from amongst the Deputy Commissioners and Assistant Commissioner posted in the Zone taking two from each.

If nomination of members of Zonal Executive Committee has not been possible unanimously by Zonal office bearers viz President, Vice President and Secretary then they shall be elected from amongst the members of the association posted in the area comprising the zone in a meeting convened by the secretary of the zone

Omitted (by the amendments made in the Annual General Body Meeting dated October29, 1999)

Omitted (by the amendments made in the Annual General Body Meeting dated October29, 1999)

Functions of Zonal Executive Committee – The functions of the Zonal Executive Committees shall be

To Keep up the interest of the members and ensure their active participation in the affairs of the Association.

To examine all local matters, happenings and incidents and submit detailed report to the General Executive Committee as and when necessary.

To ensure effective implementation of the directions and decisions of the Central Executive Committee in their respective Zones

To consider localized matters of the region (Zone) and find their amicable solution as far as possible.

No Zonal Committee shall make any representation or submit any memorandum either to Commissioner Commercial Tax or Government directly.

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*****Zonal has been substituted for the word Regional the word Zone for the word Range and ********* Additional Commissioner for the words Deputy Commissioner by the amendments made in the ***** General Body Meeting dated October 29, 1999.

At least one month’s notice will be necessary for the annual meeting and fifteen days notice for an Extra Ordinary General Meeting. No resolution for being forwarded to the Government and no proposals for amendments of the Constitution shall be considered at a General Meeting unless it has been circulated to the members seven days before the meeting. The president may relax any of the foregoing provisions in the interest of the Association.

The Annual General Meeting shall

Consider the annual Report,

Pass the annual Budget,

Elect Office Bearers and Members of the Executive Committee

Consider resolutions including proposals for the Amendments of the Constitution coming for the individual members, branches or the Executive Committee and

Consider any matter affecting general interest or the service and the Association.