In these rules, unless there is anything repugnant in the subject or context.
- (a) Society means the Central Coalfields Limited officers Benevolent Society.
- (b) “President” means the president of the society.
- (c) “Vice President” means the vice-President of the society.
- (d) “General Secretary” means the “General Secretary of the society.
- (e) “Treasurer” means the Treasurer of the society.
- (f) “Executive member” means the member of the Executive committee.
- (g) “Member” means a subscriber whose name is enlisted in the register of the members of the society and whose membership has not been terminated as per these rules.
- (h) “ Committee” means the Executive committee of the society constituted in the prescribed manner.
(i) “Family” in the relation to any member shall mean and include –
- (i) In case of the male member, himself, his wife, children whether married or unmarried, dependent parents and the widow and children of the pre-deceased son, if any.
- (ii) In the case of a female member, herself, her husband, children whether married or un-married dependent parents and the dependent parents of her husband and the widow and children of her pre-deceased son, if any.
Provided however, if a female member, by a notice in writing to the General Secretary, expresses her desire and willingness as to exclude her husband from her family, the husband and his dependent parents shall cease to be member of the family of such female member, until such notice to the General Secretary is withdrawn in writing.
Provided also that where personal laws provide adoption of a child by any member a child fully adopted by a member, shall be deemed to be his family member and any child of the member is lawfully adopted by another person such adopted son shall cease to be a family member.
- (j) “Fund” means the fund raised under the scheme of the society.
- (k) “Financial year” means a year commencing on 1st day of April and ending on 31st day of March of the English calendar.
- (l) Act means Socities Registration Act 21 of 1860.
2. Assets & Libilities during the registration period of Bihar
This socities takes over the assets & liabilities of the society (CENTRAL COALFIELDS LIMITED OFFICERS' BENEVOLENT SOCIETY" Registered during the undivided State of Bihar having Registration no. 370 dated 1st March 1985.
- (a)All officers of the Central Coalfields Limited who are not apprentices and are in the Executive cadre or Executive Grade are eligible to become a member of the society.
- (b)The individual who are eligible to become members of the society, shall have to apply the General Secretary in the Prescribed form at Annexure “A” along with prescribed admission fee which is Rs. 100/= or as amended from time to time by the General Body payable either in cash or by the General Body payable either in cash or by a crossed cheque drawn in favour of the General Secretary, Central Coalfields Limited officers Benevolent Society, Darbhanga House, Ranchi. The membership fee is not refundable.
- (c)All officers in the service of CCL and those officers who come on transfer to CCL from other subsidiaries of CIL of from CIL HQRS may enroll themselves as a member.
- (d)Membership shall take effect from the date of acceptance of the membership of the General Secretary.
- (e)An executive of the Central Coalfields limited who is admitted to the membership, shall continue to be member till he attains the age of superannuating.
- (f)In case of transfer of a member of the society to CIL or its subsidiaries he may continue his membership if he so desires. He must indicate his willingness in writing to the General Secretary with undertaking to abide by the rules and regulations. He will also authorize the disbursing authorities of the subsidiary company of CIL as the case may for deduction of the amount and remittance thereof to the society. It shall also be the responsibility of the member concerned to get the authorization accepted by the authorities of the company concerned and the acceptance must be communicated in writing to the General Secretary. In case of failure on the part of the member to get the subscription remitted to the society after giving such member a final notice under Registered post, may conceal his membership. In such event the member shall be entitled for the benefits of the society as per rules.
- (g)If a member is continuously defaulting in payment of his monthly contribution towards special fund for more than 1 year, a registered notice will be given to him for giving him an opportunity to deposit the outstanding amount within one month in one lump sum failing which his membership will be terminated. On termination of membership such membership is entitled to get only his Principal amounts deposited in the society.
(h) Membership Register :-
- A register of members would also be maintained and whenever there is change in the address of the member the same will be notified by the concerned member of the Society to the General Secretary. The General Secretary will make the suitable entry in the register of the member for any changes in the address.
- (a) Each member will be required to fill up a form of nomination as prescribed in Annexure ‘C’ giving the name/names and address / addresses of his nominee/nominees.
- (b) A member may in his nomination, distribute the amount payable to him under this scheme amongst more than one nominee.
- (c) If a member has a family at the time of making nomination, the nomination shall be made in favour of one or more members of his family.
- (d) If at the time of making a nomination the member has no family the nomination may be made in favour of any person or persons but if the member subsequently acquires a family, such nomination shall forthwith be come invalid and the member shall make within such time as may be prescribed of his intention to do so.
- (e) If a nominee predeceases the member, the interest of the nominee shall revert to the member who shall make a fresh nomination in the prescribed form in respect of such interest.
Cessation of the Membership
The membership ceases on death, retirement resignation, dismissal or discharge of a member from the service of the CCL and /or from the services of CIL or its other subsidiary companies where the member last served on transfer.
4. Removal of office bearers
In case of the General Secretary or any one of the office bearers losing confidence of the majority of the members of the society he may be removed by a majority vote at a general meeting, if a motion of such removal has been presented to the Executive Committee on the signature of atleast 2/3 members of the society.
5. Executive Committee election/Re-election
- (a) An executive Committee of the Society will be constituted by election to manage all the affairs of the society and it will consist of a President, a Vice-President, a General Secretary, a Treasurer and 3 Executive members. Two executive members may be opted by the Elected Executive Committee.
- (b) All the office bearers and the members of the Executive Committee be elected for a period of 2 years and will function as such, unless dissolution of the Committee as demanded by 2/3 of the members of the society in writing to the General Secretary. The said Executive Committee will function from 1st July to 30th June.
- (c) Election of the office bearers and of the members of the Executive Committee shall be held by polling of ballot.
- (d) The election will be held by secret ballot and to conduct the election, a Returning Officer shall be appointed by the Committee.
- (e) The Returning Officer shall be the authority for conducting election and his verdict before he formally notify the names of the elected office bearers shall be final in the matters regarding election.
- (f) The Returning Officer shall take assistance of members in conducting election.
- (g) The Returning Officer shall make certain notification for conducting election. Those notification shall be applicable till he announces the result of the election.
- (h) Every member is entitled to case one vote each against each post. The member who would get the majority votes would be declared elected.
- (i) The election will be held at Registered Office. The members will have to vote themselves or through postal ballots.
- (j) All officers who have been admitted to the membership of the society will be eligible to seek election for the post of office bearers of the committee.
- (k) Provided however a member whose date of superannuation falls within 7 years from the date of proposed election, such member is disqualified to seek election to the office bearer of the committee.
- (l) If during the term of the committee any of the posts of the members of the committee falls vacant, the remaining members will co-opt a member to the committee.
- (m) If the post of General Secretary or Treasurer falls vacant, member/members will be co-opted by the committee and after co-option from among members a General Secretary or a Treasurer would be nominated.
The Society shall be registered under the Societies Registration Act and it shall be a perpetual body having a common seal.
If the committee is dissolved, the General Secretary shall take necessary steps for holding and conducting re-election within a period of 3 months from the date of dissolution in the prescribed manner and according to the rules.
6. Power & Function of the Executive Committee
- (a) Subject to the supreme authority of the society in General meeting, all of its affairs should be in the hands of the executive committee.
- (b) The Executive committee shall be in sole charge of the affairs and assets of the society any shall be responsible for conducting the day to day business and affairs of the society.
- (c) The Executive committee will invariably meet once in every month. It can also meet when the president, Vice-President of General Secretary so desire, if there be any need for the same in their opinion.
- (d) The Executive committee shall be responsible for proper maintenance of accounts, income and expenditure of the society and for having the same duly audited and placed in the annual general meeting of the society within the period stipulated.
- (e) The Executive Committee shall be responsible for taking all appropriate and necessary steps for election of a new executive committee on the expiry of the terms.
- (f) The Executive Committee may frame rules within the provision contained herein, for day to day business of the society in all matter relating thereto.
- (g) The Executive committee may form Committee or Sub-Committee for any special reason if there be any .
- (h) The Executive Committee shall have the power to engage employ, suspend, discharge or dismiss servants of the society.
- (i) The Executive Committee may call the extra ordinary of an emergent general meeting of the society as often as it may deem it necessary to do so.
President and Vice-President
The President and the Vice-President shall be elected.
The President shall preside all meetings of the Executive Committee, All general meeting of the Society. In the absence of the President, the vice- President shall discharge all the functions and duties of the President.
There shall be a General Secretary of the society who shall be an elected one. He shall hold the office for a term of 2 years from the date of his election.
Powers and function of the General Secretary
- (a) The General Secretary shall function as chief Executive officer of the society. He will notify all the minutes of the proceeding of all meetings of the executive Committee and of all the meeting of the society recorded in appropriate books. He shall keep on eye on the affairs of the society and shall generally lookafter the work of the other office bearer of the executive committee and its servant, for the greatest benefit of the members in general.
- (b) The General Secretary may distribute and may assign jobs generally to any member of the executive committee.
- (c) On receipt of the application form along with the admission fee, the General Secretary before admitting the officer on the membership to the society shall see that :-
- (i) The applicant is a regular employee of CCL and is in executive cadre/grade.
- (ii) The applicant is not an apprentice.
- (iii) The applicant is not in extension of service of in re-employment after his normal date of superannuation.
(d) The General Secretary while scrutinizing the application forms will satisfy the conditions above before the applicant is admitted to the membership of the society, the General Secretary will allot a number to the member and make appropriate entry in the Membership register and will send the acceptance of the membership on Form at Annexure ‘B’.
While communicating the acceptance, General Secretary will request the member to submit the nomination form in Annexure ‘C’ and authorization letter (in duplicate) from the member authorizing the pay officer of the CCL to deduct an amount of Rs. 350/- only from his salary bill as and when the General Secretary makes demand to that effect, the authorization letter would be submitted by the member in the form prescribed.
- (e) If on scrutiny of the application for membership the General Secretary finds that the applicant is not eligible to be a member of the society he shall intimate the applicant giving the reasons of non-acceptance of the membership and refund the admission fee given by the applicant.
Duties and Functions of the Treasurer
- (a) The Treasurer shall be the custodian of all the funds of the society. All money received by the Society shall be forthwith deposited with the treasurer who will immediately enter such receipt in the Cash Book and appropriate head and will also give a written acknowledgment to the person or office bearer through whom he has received the money.
- (b) Payment out of the society fund will be done on the joint authority of General Secretary / the treasurer or President or any two of them.
- (c) The treasurer being the custodian of the society fund shall be primarily and principally responsible for the maintenance of the accounts of Income and Expenditure.
Vacation of Office
If an office bearer of a member of the Executive Committee is convicted by a court of law he shall forthwith ceased to hold such office.
7. Power and Function of the General Body
- (i) Election of Governing Body office bearers of the society.
- (ii) To appoint Auditors for the audit of the accounts of the society.
- (iii) To approve the Plans, Budget, Progress/Activity report and audited statement of accounts.
- (iv) To make changes in the Memorandum & Rules & Regulation of the society.
- (v) To take decesion of the Dissolution of the Society.
8. Annual General Meeting
- (a) A General meeting of the society designated the annual general meeting shall be convened and held within six month from the close of the financial year.
NOTICE OF MEETING
The notice calling upon the general meeting shall be issued at least 7 days prior to the date of such meeting.
20% members of the total strength shall form the quorum for annual general meeting for want of which meeting shall stand adjourned to the same day and hour in the following week in that event no quorum will be necessary for such adjourned meeting.
Business at Annual General Meeting
The following business shall be transacted at the annual general meeting:-
- (a) Hearing and consideration of a report made by the General Secretary.
- (b) Consideration of the audited accounts of the previous years and to adopt it.
- (c) To elect on the expiry of 2 years term the office bearers for the next term. The election will be conducted by Returning officer duly appointed as per the rule.
- (d) To consider such other matter of resolutions of which notice shall have been given along with notice calling the meeting.
- (e) Any resolution by a member, if notice of such resolution along with the signature of the seconder has been given to the General Secretary or any other office bearer deputed by the General Secretary, at least 48 hours before the time when meeting is due to commence and if the resolution is thought to be fit in the opinion of the Executive Committee then such resolutions shall be placed in the meeting.
Ordinary General Meeting
If so authorized by the Executive Committee, the General Secretary may call an ordinary General meeting at any time by giving at least 24 hours notice to the members of such meeting.
Extra Ordinary General Meeting
In case of emergency the Secretary may on his own initiative call an extra-ordinary general meeting at a short notice specifying the agenda to be considered at such meeting.
9. Meeting of the Executive committee
- (a) The Executive Committee shall meet as often as may be necessary subject to a minimum of one meeting in each calendar month.
- (b) 3 members shall form a quorum for such meeting. It shall be presided over by the President and in the absence by the Vice-President and when both are absent the members present shall elect one from amongst themselves.
- (c) Ordinarily 24 hours notice shall be given for holding the meeting of the Executive Committee.
- (d) At least 3 members of the Executive Committee may at any time jointly in writing call upon the General Secretary to call a meeting of the Committee to discuss a specific agenda to be considered therein.
10. Sources of Income & Payment out of fund
- (a) When any member of the society dies while he is in service or retires from service on attaining the age of superannuation or leaves the Company of his discharged, dismissed, or by way of termination on receipt of such information a sum of Rs. 2 lakhs will be paid to the nominee/nominees of the member out of interest being carried by the society on Bank Deposits in case of death and a sum equal to the amount stands in his account on the date of superannuation/discharged, dismissed or termination.
- (b) Each member will pay Rs. 100/- as entry fee and Rs. 100/- per month towards contribution to the society.
- (c) The money collected would be deposited in the Bank Account of the society.
- (d) It will be the duty of the General Secretary to make payment to the General Secretary to make payment to the concerned as provided in clause 14(a) above to the nominee of the deceased officer or to the member retired from service, as well as leaving the Company, discharged/terminated and dismissed.
- (e) If there is any dispute as to the amount of payment to be made the nominee of any deceased member under this scheme or as to the admissibility of a claim or as to the person entitled to receive the payment, the decision of CMD-CCL (Patran) will be final and binding.
- (f) The Chairman-cum-Managing Director, CCL shall after due enquiry and after giving the parties a reasonable opportunity of being heard determine the amount payable on the admissibility or any claim or the persons entitled to receive the payment.
- (a) Relief will be granted to the member or his nominee as the case may be, in case of permanent disablement also. The amount of relief will be decided by the General Body.
- (b) In case of prolonged illness of a member for more than 6 months Rs.5,000/- will be advanced and the same will be adjusted from the retirement benefits, subject to the satisfaction of the Executive Committee and in the event of death no adjustment will be made.
- (a) A bank account in the name of officers Benevolent society will be opened in the State Bank of India, Ranchi or any other Nationalised Bank. The Bank Account will be operated by Treaswill jointly operate the Bank Account of the Society.
- (b) All money received by way of admission fee will be put in the Bank Account and expenses for General administration of the society shall be made out of the above amount.
12. Annual Account and Audit
- (i) The accounts of the Society shall be made up for 12 months period ending 31st March each year. The statement of accounts shall be placed for approval at the annual General Meeting after being audited by of Auditors (A Registered Chartered Accountant) duly appointed by the General Secretary in consultation with the Executive Committee. Provided that no one who is a member of the Executive Committee shall be appointed as Auditor.
- (ii) The I. G. Registration, Ranchi shall be free to conduct the audit of account of the society on his discretion, any time by and Registered Charter Accountant. And for this audit fee will be incured by the soiety.
13. Amendment to the Rules and Regulations
The Rules and Regulations of the Society may be amended at any time at an annual general meeting which have been convened with notice to the General members about the proposed amendment or amendments and such notice in writing shall be caused to be displayed on the notice board of the society registered office, if 2/3 of the total members are present and cast their votes in majority in support of the amendment or amendments.
ANY MATTER NOT SPECIFICALLY PROVIDED FOR SHALL BE REGULATED IN CONFIRMITY WITH THE PROVISIONS CONTAINED IN THE SOCITIES REGISTRATION ACT.
14. Inspection of Register
All registers and book of account will be made available for inspection to any member desirous of doing so on all working days and within office hours. Such inspection (s) will be allowed only when the member gets permission in writing from the General Secretary of the Society.
15. Legal Action
Any legal action against the society will be in the name of Secretary.
16. Dissolution of the society
The dissolution of this society will be permitted only in case where at least 3/5th of the total existing members on that day vote in person, for the dissolution. In case of such dissolution the funds of the Society will not be distributed to the members. It will be donated to some other Society with similar benevolence objective as decided by the 3/5th majority of the General Body.
In dissolution section 15 and 14 of the Socities Registration Act 21 of 1860 shall strictly be followed.