NOTICE FOR CONVENING EXTRA ORDINARY GENERAL MEETING

No. CEPC/SEC/EGM-2014                                                                        Dated:  12th December, 2013

 

BY E-MAIL & POST

 

Sub.:  NOTICE  FOR CONVENING EXTRA ORDINARY GENERAL MEETING

 

Notice is hereby given that Extra Ordinary General Meeting of the members of Carpet Export Promotion Council will be held on Monday, the 6th January, 2014  at 11.00 A.M. in AICMA’s Hall, Kaleen Bhawan, Maryadpatti, Bhadohi  to consider and pass the following resolutions:

 

RESOLVED THAT -

 

Resolution No. 1 : Resolved that Para 3.C.I, II & III shall be substituted by the following :

 

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

 

a)            Voting by Postal Ballot

b)            Voting in Person.

      

Voting by Electronic means.

 

Voting by 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 members Voters who opt for exercising  their  right  through Postal Ballot or Voting in Person shall be excluded from the electronic process.

 

Electronic Ballot Paper shall be issued to the members and be made available on the electronic mails as per the 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.

 

The entire process of instructions will also be made 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 Electronic means as per procedure.

 

A member shall be responsible for security/safety as provided in the instructions, to ensure that voting is done through electronic means only by 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 prior to 72 hours of the date and time notified for Voting in Person for Election and immediately thereafter the process to cast vote through electronic means be closed.  In case a member unable to access to this process, he/she can exercise his/her right to vote through voting in person as per procedure.

 

On completion of the process of voting by 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 Postal Ballot and Voting in Person.

 

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 of Member opting for Voting by Postal Ballot or Voting in person, the member shall give his/her 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 through Postal Ballot and Voting in Person shall be as provided under Para 3.C.III.(a).(i) – (iii)  and 3.C.III.(b).(i)-(x) respectively. Accordingly extra 72 hours shall be given to the Member Voter opted for Voting in Person from the date & time of closing of Electronic Voting Process.”

 

Resolution No. 2 : Resolved that  to incorporate new para after Para 3.C.III.(b).(i) and before Para 3.C.III.(b).(ii)  as Para Para 3.C.III.(b).(i).(s):

 

(i).(s)  In case a member in the list of voters by way of electronic 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/her inability to exercise his/her vote through electronic means.  Such representations should reach at least 72 hours prior to the date and time notified for Voting in Person.

 

In case of the representations as mentioned above, the same shall also have to be accompanied with the attested signature from their Bankers in the prescribed format of the authorized person exercising such right to vote in a manner as prescribed in the Rules for authorization.”

 

Resolution No.3 : Resolved that  to incorporate new Para after Para 3.D.I and before Para 3.D.II as  Para 3.D.I.(a) :

 

“ I.(a) - The counting of electronics votes will be held electronically as per system.”

 

 

Resolution No. 4 : Resolved to substitute Composition of Committee of Administration under Article No. 22 of Memorandum and Articles of Association of the Council by the following :

 

“22.     The Committee of Administration of the Council shall consist of the following:

 

1.

Chairman

1 (One)

2.

Vice-Chairmen

2 (First & Second Vice- Chairmen)

3.

Elected members   

16 (including Chairman                                                        and 2  Vice-Chairmen)

4.

Government Nominees 

4(including a Representative of the Federation of Associations of Small Industries of India).

5.

Member Secretary

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.”

           

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

 

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 6th January, 2014 (Monday) at 12.30 p.m.

 

By order of the Committee of Administration

 

 

Place  :  New Delhi                                                  Shiv Kumar Gupta

Dated : 12th December, 2013                     Executive Director-Cum-Secretary

 

 

Encl.: Comparative Statement of existing provisions and proposed amendments in the Articles of Association and  Election Rules of the Council.

 

1.            A member entitled to attend and vote at the meeting is entitled to appoint a proxy to attend and vote instead of himself and proxy need not be a member of the company.  Proxy form in order to be valid and effective, must be deposited at the registered office of the company not less than 48 hours before the time of holding the aforesaid meeting.

 

2.            The explanatory statement in pursuance of section 173(2) is annexed hereto and forms part of this notice.


 

Explanatory Statement in pursuance of Section 173(2) of The Companies Act, 1956

 

1.            For Amendments in the Election Rules.

 

The COA in its 154th meeting held on 23rd August, 2013 at Jaipur decided to adopt Electronic Voting System.  The General Body in its 30th AGM held on  25th September, 2013 also decided to  hold ensuing Elections by Electronic Voting System by 31st March, 2014. The Government of India vide letter No. M-11013/3(1)/2010-MSS(IM)/ 2390 dated 27th September, 2013 (copy enclosed)  instructed the Council “to hold elections for the year 2011-12 & 2012-13 after adopting Electronic Voting System of EPCH (Export Promotion Council for Handicrafts) for conducting elections by 31st March, 2014.  Accordingly, necessary steps be taken by CEPC for  retirement of due Committee Members as per Bye-Laws of the Council and hold elections for the years 2011-12 & 2012-13 by 31st March, 2013 after adoption of electronic voting system.”

 

In view of adoption of Electronic Voting System by CEPC, the Election Rules of the Council has to be amended on the line of EPCH  & the feedback from others to make the system trust worthy.  Accordingly, a statement showing proposed amendments is annexed for kind perusal and approval of the Members.

 

 

 

2.            For Amendments in the Articles of Association

 

Ministry of Commerce & Industry  vide letter No. 14/1/2012-E&MDA dated 6th July, 2012 directed all Export Promotion Councils to make Executive Director/Secretary General/Director General Intrinsic part of Committee of Administration of Export Promotion Councils and  to carry out necessary amendments in their Memorandum of Articles of Association. In view of the direction of the Government, Committee of Administration approved the Resolution No. 4 substituting the Article No. 22 by the proposed Resolution.  Members are requested to adopt and approve the same.

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