NOTICE FOR CONVENING EXTRA ORDINARY GENERAL MEETING

No. CEPC/SEC/EGM-2016                                                                        Dated:  10th February, 2016

 

Sub.:  NOTICE  FOR CONVENING EXTRA ORDINARY GENERAL MEETING

 

Notice is hereby given that Extra Ordinary General Meeting (EGM) of the members of Carpet Export Promotion Council will be held on Friday, the 26th February, 2016 at 2.30 p.m. in  FIEO Auditorium, Niryat Bhawan, Rao Tula Ram Marg, Opp. Army R & R Hospital, New Delhi – 110057 to consider and if thought fit to pass with or without modification the following resolutions:

 

RESOLVED THAT -

 

Resolution No. 1.

 

            “Resolved to substitute Article 5.b.Explanation  of the Articles of Association of the Council by the following : 

 

Whereas all exporters shall have the right to become Council Members but the membership of the Committee of Administration should be on the basis of export performance of Rs. 25.00  Lakhs (Rupees Twenty Five lakhs) in any one of the 3 years preceeding the date of application for nomination.”

 

Resolution No. 2.

 

            “Resolved to substitute Article 6 of the Articles of Association of the Council by the following : 

 

All application for membership whether Council or Associate shall be submitted to the Secretary along with prescribed Entrance and Annual Membership Fee.”

 

Resolution No. 3.

 

            “Resolved to delete  Article 8 of the Articles of Association of the Council.”  

 

Resolution No. 4.

 

            “Resolved to substitute Article 10 of the Articles of Association of the Council by the following : 

 

On any applicant being admitted to membership, as aforesaid, he/she shall be entitled to receive a copy of the Memorandum and Articles of Association and Election Rules of the Council, for the time being in force, on request.”

 

Resolution No. 5.

 

            “Resolved to substitute Article 11 of the Articles of Association of the Council by the following : 

 

Any member wishing to resign from the Council shall give to the Secretary a notice in writing of his intention to resign and until such notice is given and until the expiry thereof, as decided by the Secretary/ Committee, he/she shall be deemed to continue to be a member and shall be liable to pay his Annual Fee and all other dues, if any, to the Council. No Fees shall be refunded to a member resigning as aforesaid. Such resignation shall also not affect any liability of the member to contribute to the assets of the Council as provided in the Memorandum of Association. Notwithstanding anything to the contrary contained hereinabove, the Secretary  may refuse to accept the resignation of a member unless and until all arrears of Subscription and any other sums which may be due by the member to the Council, have been paid. Secretary  may accept re-admission of a member on payment of Entrance Fee and arrears of Membership Fee payable.”

 

Resolution No. 6.

 

            “Resolved to substitute Article 14 of the Articles of Association of the Council by the following : 

 

All Council members other than Government Nominees will have to pay w.e.f. 1st April, 2016 an Entrance Fee of Rs. 2,000.00 (one time) and Annual Membership Subscription in the following slabs on the basis of their export performance during  the last preceeding year of the date of application :

 

S. No

Particulars

Amount of Annual Membership Subscription in Rs.

I

Export performance up to Rs. 50.00 lakhs

2,000.00

ii

Export performance above Rs. 50.00 lakhs & up to Rs. 1.00 Crore

3,000.00

iii

Exporter performance above Rs. 1.00 Crore & up to Rs. 10.00 Crores

5,000.00

iv

Exporter performance above Rs. 10.00 Crores

10,000.00

 

All Associate Members will have to pay an Entrance Fee of Rs. 500/- and Annual Subscription of Rs. 500/-.

 

However, the Council may revise Entrance Fee and Annual Subscription from time to time. All Annual Subscription would be appropriated for the financial year in which they are paid in the beginning irrespective of the fact that portion of the financial year has already passed viz;  the full Subscription will be appropriated for the remaining period of the financial year, if any. Besides the Subscription and Entrance Fee, a service charge at a rate decided from time to time may also be levied.”

 

Resolution No. 7.

 

            “Resolved to substitute Article 15 of the Articles of Association of the Council by the following : 

 

Until otherwise determined by the Committee the annual subscription of all members shall be payable at the beginning of the year i.e., on or before Thirty First day of May in each and every year irrespective of the month in which the individual members were first admitted to membership.  The members, however, can remit the subscription upto 30th September on payment of Rs. 500.00 as late fee.”

 

Resolution No. 8.

 

“Resolved to substitute Article 21 of the Articles of Association of the Council by the following : 

 

The Committee of Administration of the Council shall include 3 persons to be nominated by the Government of India.”

 

Resolution No. 9.

 

“Resolved to substitute Article 22 of the Articles of Association of the Council by the following : 

 

The Committee of Administration of the Council shall consist of the following :

 

1.

Chairman

1

2.

Vice-Chairmen

2 (First & Second Vice- Chairman)

3.

Elected members   

16 (including Chairman                                                        and 2  Vice-Chairmen)

4.

Government Nominees 

3

5.

Member Secretary

(With Full Voting Rights)

1 (Executive Director- cum-Secretary)    

 

The elected members of the Committee of Administration will be elected by all Council Members from amongst the Council Members belonging to the respective Categories. The number of members to be elected from each category is shown against each:

 

Category (i)   Council Members whose principle place of business/ manufacturing, etc. is in the State of Uttar Pradesh ……………………………………………………………………….9.

 

Category (ii) Council Members whose principle place of business/ manufacturing, etc. is in the State of        J & K …………………………………………………………………………….4.

 

Category (iii) Council Members whose principle place of business /manufacturing, etc. is in the States other than Uttar Pradesh and Jammu & Kashmir …………………………….….3.

 

Resolution No. 10.

 

            “Resolved to substitute Article 24 of the Articles of Association of the Council by the following : 

 

The Members of the Council shall as soon as possible after 1st April each year, elect First Vice-Chairman, Second Vice-Chairman and other Members of the Committee of Administration from amongst themselves.  Council Members shall have the right to stand for election as First Vice-Chairman, Second Vice-Chairman or Members of Committee.  The Chairman of the Council in terms of these Articles, on its formation, shall be elected from amongst members belonging to Category (i) above, the First Vice-Chairman shall be elected from amongst the members belonging to Category (ii) and the  Second Vice-Chairman shall be elected from amongst the members belonging to Category (iii). The office of the Chairman will be by rotation from amongst the three Categories.  The tenure of Chairman shall be for a fixed period of two years.  There is no bar to re-election but there has to be a gap of two terms of two years i.e., after a gap of four years.  No Category can hold the Chairmanship for more than one term of two years.  On the expiry of the term of the Chairman, the First Vice-Chairman shall automatically become Chairman and the First and Second Vice-Chairman should be so elected as to give representation to all three Categories.  There shall be no election to the Office of the Chairman as the First Vice-Chairman will automatically become Chairman.  However, the First Vice-Chairman will take charge of Chairman on the date of declaration of result of the Election alongwith First Vice-Chairman, Second Vice-Chairman and Committee Members, as the case may be. Member from the same category cannot hold the posts of Chairman and Vice-Chairman simultaneously.”

 

Resolution No. 11.

 

            “Resolved to substitute Article 31 of the Articles of Association of the Council by the following : 

 

The Chairman shall hold office for a period of 2 years from the date of Annual General Meeting  and the Chairman’s Office shall be without remuneration.”

 

Resolution No. 12.

 

            “Resolved to substitute Article 67 of the Articles of Association of the Council by the following : 

 

The Council shall prepare an Annual Action Plan at the beginning of the financial year alongwith Budget estimates for approval of the Committee on estimated income and expenditure.”

 

Resolution No. 13.

 

            “Resolved to substitute Article 68 of the Articles of Association of the Council by the following : 

 

Council shall seek approval on the supplementary estimates from the Committee.”

 

Resolution No. 14.

 

            “Resolved to substitute Article 69 of the Articles of Association of the Council by the following : 

 

Committee may prescribe maintenance accounts/ budget data in any other proforma which shall be followed by the Council.”

 

Resolution No. 15.

 

            “Resolved to substitute Article 70 of the Articles of Association of the Council by the following : 

 

Subject to the provisions of these Articles and the rules framed there under, the Council may incur such expenditure as it may think fit and write off any sums and may delegate to the Committee or to the Chairman or to the Secretary  or to other officers of the Council such financial powers as may be  considered expedient.”

 

Resolution No. 16.

 

            “Resolved to substitute Para 3.A.II of the Election Rules of the Council by the following : 

 

Whereas all exporters shall have the right to become Council Members but the membership of Committee of Administration should be on the basis of export performance of  Rs. 25.00 lakhs (Rupees Twenty Five Lakhs) in any one of the three years preceeding the date of application for nomination.”

 

Resolution No. 17.

 

            “Resolved to substitute Para 3.A.III of the Election Rules of the Council by the following : 

 

Each eligible Council member shall have only one vote for one vacancy. The number of votes of each eligible Council member in respect of each of the above categories shall not be more than the number of the members allocated to such different categories.”

 

Resolution No. 18.

 

            “Resolved to substitute Para 3.A.IV.(a) of the Election Rules of the Council by the following: 

 

As soon as possible and immediately after the Election Rules are duly approved and adopted, the first General Body Meeting shall be held to elect the first Vice-Chairman, second Vice-Chairman and the Members of the Committee of Administration due for retirement. The term of the Chairman and Vice-Chairmen shall be two years while that of the Members of the Committee of Administration shall be three years.”

 

Resolution No. 19.

 

            “Resolved to substitute Para 3.A.IV.(b) of the Election Rules of the Council by the following: 

 

The Members of the Council shall as soon as possible after the 1st April every alternate year, elect First Vice-Chairman and Second Vice-Chairman from amongst themselves. Eligible Council Members shall have the right to stand for election as First Vice-Chairman, Second Vice-Chairman or Committee Members. In case of COA member elected to the office of 1st or 2nd Vice-Chairman will have to relinquish the charge of COA member in the event of declaration of Election Results. The resultant vacancy will be filled by "Bye-Election" for which date to be decided by COA. Such Election will take place as per procedure prescribed in Election Rules. The first elected Chairman of the Council in term of these Articles, on its formation, shall be from amongst members belonging to Category-I above, the First Vice-Chairman shall be elected from amongst members belonging to Category-ll and the Second Vice-Chairman shall be elected from amongst the members belonging to Category-Ill. The office of the Chairman will be by rotation from amongst the three Categories.  The tenure of Chairman shall be for a fixed period of two years. There is no bar to re-election but there has to be a gap of Two term of two years. No category can hold the Chairmanship for more than one term of two years. On expiry of the term of the Chairman, the First Vice-Chairman shall automatically be elected as Chairman and two Vice-Chairmen should be so elected as to give representation to all the three categories. There shall not be any election to the Office of the Chairman as the First Vice-Chairman automatically be elected as Chairman.  However, the First Vice-Chairman will take charge of Chairmanship on the date of declaration of result of the Election alongwith First Vice-Chairman, Second Vice-Chairman and Committee Members, as the case may be.  Member from the same category cannot hold the posts of Chairman and Vice-Chairman simultaneously.”

 

Resolution No. 20.

 

            “Resolved to substitute Para 3.A.IX of the Election Rules of the Council by the following : 

 

A member from whom amount is due to Council on any account whatsoever and is not paid as on the date of issue of notification for Council’s Election or a member otherwise disqualified shall not be eligible to contest, propose, second or vote in the elections of the Council.”

 

Resolution No. 21.

 

            “Resolved to substitute Para 3.B.XIV of the Election Rules of the Council by the following : 

 

In the event of elections taking place, Web-based  Ballot Paper shall be issued to the members and be made available on the electronic mails as procedure defined thereof.”  

 

Resolution No. 22.

 

            “Resolved to substitute Para 3.C of the Election Rules of the Council by the following : 

 

The Voting for the posts of Vice-Chairmen and Committee Members shall be by Electronic means.  However, the Member shall also be entitled to vote at the time of Election of Committee  by voting in person, if he/she opt so in the prescribed manner.

 

Voting by Web-based remote Electronic means.

 

Voting by Web-based remote Electronic means shall be available to those members whose Electronic Mail ID have been declared in the Electoral Roll and notified for the purpose along with the other details of the organization.  Such E-mail IDs are deemed to be considered as registered E-mail ID with CEPC. 

 

One Time Password will be issued through the SMS gateway on the registered mobile number of the voter.

 

It is further clarified that only one E-mail ID (In case of two E-mail IDs, the first ID in sequence of address will be considered for Electronic means only) of a Voter organization shall be considered.

 

Explanation :    Those eligible member Voters who opt for exercising their right  in person shall be excluded from the electronic process. No Paper Ballot shall be issued to any Members in any circumstances and the voting in Person shall also be done through Electronic means, only.

 

Only Electronic Ballot Paper shall be issued to the members and be made available on the electronic mails as per procedure defined thereof. The voter while casting vote electronically is deemed to have read the declaration, terms and conditions available on the system and thereafter shall become eligible to cast vote and consequent upon confirmation of the declaration, terms and conditions, the electronic process will further be operative.  A member may also be asked to provide his/her Membership/Registration number or any such additional details which bonafide his/her right of exercising the vote through Electronic means.

 

The entire procedure and related information will be available on the CEPC website under the Column “ELECTION PROCESS”.  The member may first look into the instructions and thereafter may cast their vote through relevant Web-based remote Electronic Voting System as per the procedure.

 

A member shall be responsible for security/safety as provided in the instructions, to ensure that voting is done through electronics means only by a authorized person and shall not hold the Council or agency involved in the voting by electronic means responsible for any misuse thereof.

 

A member can cast his vote by electronic means any time, any day within 7 (Seven) days from the date of commencement  of remote Electronic voting to eligible Members or as notified in the Election and immediately thereafter the process to cast vote through remote electronic means shall be closed.  In case a member is unable to access to this process, he/she can exercise his/her right to vote through voting in person by electronic means, as per procedure.

 

On completion of the process of voting by remote Electronic means, the Electronic Processing Agency shall hold the data captured in the system without declaration to the members.  Such data will be finalized and handed over to Returning Officer for announcement along with counting of votes by other system of voting such as Voting in Person through electronic means.

 

Impersonation or any other offence shall attract the related provision of the enactment of the Cyber Law and other related provisions of Court of Law on the subject.

 

In case Member opts for Voting in person through electronic means, the member shall give his option in writing by the date as specified in the Election Notice, i.e. within 10 days from the date of issue of Election Notice, alongwith his attested signatures from their Bankers in the prescribed format under these Rules.

 

The procedure for Voting in Person shall be as provided under Para 3.C.III.(a) of the Election Rules.  Accordingly,  72 hours shall be given to the eligible Member Voter opted for Voting in Person from the date and time of closing of Electronic Voting Process.

 

Resolution No. 23.

           

            “Resolved to delete Para 3.C.III. (a).(i), (ii), (iii) of the Election Rules of the Council.  : 

 

Resolution No. 24.

 

            “Resolved to substitute Para 3.C.III.(b).(i),(iv),(ix) of the Election Rules by the following as 3.C.II.(a)”.

 

Voting in Person :

 

In case a member in the list of voters by way of electronic voting has not been able to exercise his/her right by voting through electronic means due to any reason, the member can represent in writing to the Returning Officer with full fact and details and the reason of his inability to exercise his vote through electronic means.  Such representations should reach at least 72 hours prior to the date and time notified for Voting in Person. Such representation shall have to be accompanied with the attested signature from their Bankers in the prescribed format of the authorised person exercising such right to vote in a manner as prescribed in the Rules for authorization.”

 

Resolution No. 25.

 

            “Resolved to substitute Para 3.D. II, III, IV, V, VI of the Election Rules of the Council by the following as Para 3.D.II : 

 

The counting of electronic votes will be held electronically as per system.”

 

Resolution No. 26.

 

            “Resolved to substitute Para 3.G.II of the Election Rules of the Council by the following : 

 

The dates of sending and receiving Nomination Papers, Withdrawal, all Notices and Papers etc. shall be taken to be authentic and final as per records of the Office of the Carpet Export Promotion Council and by the address relevant to such paper or documents. In case of any doubt or dispute, the decision of the Secretary, Carpet Export Promotion Council shall be final in this regard.”

 

Members are requested to make it convenient to attend the EGM.

 

Note : Please note that in case of adjournment due to lack of quorum, the adjourned meeting shall be held after one hour at the same date and place i.e. on 26th February, 2016  at 4.00 p.m.

 
Please see attached documents.
NOTICE FOR CONVENING EXTRA ORDINARY GENERAL MEETING