1. Short Title

These Byelaws may be called the Kerala High Court Advocates’ Association Golden Jubilee Chamber Complex Allotment & Management Byelaws, 2010 (KHCAA-GJCCA & M Byelaws 2010) in short.

2. Definition

3. Constitution of Board of Governors

1. There shall be a Board of Governors consisting of 17 members to control and administer the Chamber Complex including its day to day functions.
2. The said Board shall consist of:
   • (i) President, 2 Vice Presidents, Secretary, Joint Secretary and Treasurer of the Association as official members.
   • (ii) One member each elected/selected/nominated by the Allottees of every floor. This category will contribute 9 members, i.e., one member from each floor as the Complex has 9 floors at present.
   • (iii) One member shall be selected/elected from among the lady Allottee members.
   • (iv) One member shall be elected from among the Allottee members, who are the designated senior advocates in the High Court of Kerala.
3. The President and the Secretary of the Executive Committee of the Association shall be the Chairman and Secretary of the Board of Governors respectively.
4. The term of office of the Board shall be one year which shall be co-terminus with the term of the office of the Managing Committee of the Association. The quorum of the committee shall be 9. The Board shall be re-constituted every year within two weeks from the date of assumption of office of the Executive Committee of the Association every year.
5. The Board of Governors shall meet from time to time to transact the business entrusted with them and to consider such matters as are necessary for the efficient working of the Chamber complex. Such meetings shall be held at least once in every calendar month. The Secretary of the Board of Governors shall convene the said meeting. The Secretary shall convene the meeting on the written requisition of 4 or more members of the board of governors, within 5 days of the receipt of such requisition.

4. Eligibility for allotment in the Chamber

An Advocate in the rolls of the Kerala High Court Advocates’ Association as on the date of his application is entitled to apply for allotment. The application shall be in Form No. I issued by the Association on payment of Rs. 50/- (non-refundable) towards fee for the application form and the same shall be submitted along with a processing fee of Rs. 500/- payable to the Secretary, KHCAA, within the time prescribed by the Association, from time to time.

The allotment of Chamber in the chamber complex shall be strictly in accordance with a fair selection process. An applicant is not entitled for the allotment, as a matter of right, but only in accordance with his eligibility and satisfaction of the selection criteria.

A member, who fails to get allotment in the chamber complex at the first allotment after his application, can at his option, either continue in the rank list of the applicant members and shall wait for his turn or seek cancellation of his allotment in writing. In the event of withdrawal or cancellation of application, the applicant member shall not be entitled for refund of application fee. On acceptance of the application in writing for withdrawing the allotment, such member shall cease to be an applicant member and shall not be entitled to re-apply for allotment for a period of one year from the date of acceptance of the withdrawal. If the decision of the Board of Governors upon application for withdrawal is not intimated to the applicant in writing within 30 days from the date of receipt of such Application, the applicant shall remind the same to the Board and on expiry of 30 further days from any such reminder, the application is deemed to be accepted.

5. Selection Committee

There shall be a Selection Committee consisting of 5 members to supervise the selection process for allotment. The Board of Governors shall nominate 4 members of the Kerala High Court Advocates’ Association, having a minimum practice of 10 years, who shall constitute the selection committee. One of the selection committee members shall be a designated senior advocate of the Kerala High Court and a Life Member of the Association. The Secretary of the Association shall be the fifth member of the said Selection Committee in his official capacity as the office bearer of the Association. The term of the Office of the selection committee shall be one year, which shall be co-terminus with the term of board of governors.

6. Duties of the Selection Committee

The Selection Committee has the following duties: The selection committee shall prepare a select list of applicant members from among the eligible members of the Association, on the basis of the applications submitted as on the date of selection process and shall make recommendations for allotment to the Board of Governors for approval and allotment. The selection committee shall submit a list of members eligible for allotment in the chamber complex. This list shall be prepared on the basis of criteria fixed by the Board from time to time. The allotment shall be finalized by the Selection Committee on or before the 31st of March every year, based on the applications received up to the 31st of January of that year. The allotment shall be notified to the selected member as well as the Association by publishing the same on the notice board of the Association as well as by writing individual allotment letter to each selected member. Members who have applied and found ineligible will be intimated individually with reasons. The selection committee shall also prepare a waiting list of members who are not selected for allotment but are eligible for future consideration and shall furnish the same to the Board of Governors.

7. Selection criteria

Preference for allotment shall be given to members who have filed vakalath in 10 or more cases in the High Court of Kerala during the previous calendar year (January to December) and who have paid their subscription and all dues to the Association in full for the preceding year. The number of cases filed and vakalaths entered will be taken into consideration based on the official records of the High Court. A points system will be used for allotment priority based on the number of vakalaths filed and the number of years of practice in the Kerala High Court. Seniority by age will be considered in the case of a tie in points. Family members are not entitled to multiple allotments unless they can prove independent practice.

8. Value and payment

The Association shall fix the value of each chamber or car parking slot from time to time. The allottee member shall pay the amount fixed for the chamber or parking slot within the time specified by the Association. Failure to pay the amount within the specified time will result in cancellation of the allotment. The allottee member shall execute the agreement (Form II) and receive the allotment certificate (Form III) from the Association.

9. Rights, surrender & forfeiture

All chambers remain the property of the Association. No allottee shall transfer, assign, mortgage, or create any charge on the chamber or parking slot. The allottee shall not make alterations or combine chambers. Surrender of chambers is allowed with refund conditions based on re-allotment. Legal heirs may be allotted chambers in case of death or cessation of practice. Violations may result in termination of allotment after due process.

10. Maintenance

The Association shall be responsible for maintenance of the chamber complex. Allottee members shall pay maintenance charges as decided by the Board. Non-payment may lead to termination of allotment.

11. Payment

All payments shall be made by cheque or demand draft in favor of the designated accounts of the Association. Separate accounts shall be maintained for chamber complex finances.

12. Amendments

Any amendments to these Byelaws require the approval of the Board and the General Body, with at least 15 days’ notice before the General Body meeting.

13. General conditions

• All Allottee members shall maintain decorum and uphold the dignity of the profession.
• Only legal profession-related activities are allowed in the chambers.
• Name boards of specified size only shall be allowed.
• The chamber complex and common areas shall be kept clean and free from litter.
• No consumption of alcohol or smoking is allowed in the chamber complex.
• Complaints relating to the chamber complex shall be addressed to the Board.

14. Appellate Authority

The General Body of the Kerala High Court Advocates’ Association may constitute an Appellate Authority with appropriate powers to redress the grievances of the allottee members and to decide the appeal filed by an allottee member against the decision of the Board of Governors or the Executive Committee, in appropriate cases with respect to matters connected with allotment and management of the Golden Jubilee Chamber Complex. The decision of such Appellate Authority shall be final and binding on the parties.

15. User Agreements

The user rights of the occupants of the commercial space available in the Chamber Complex will be governed by the terms of such user agreements made by the Executive Committee with such occupants.

16. Arbitration

In the matter of any dispute regarding application, allotment, termination or the forfeiture of the allotment or any other dispute between a member/allottee and the Association and among the Allottee members with respect to the allotment, use or any other matter directly or indirectly touching the chamber complex, it shall be referred to the Board of Governors. The Board of Governors shall refer the same to arbitration by an arbitral tribunal consisting of two designated Senior Advocates nominated by the Executive Committee for the said purpose. If there arises any difference of opinion among them, a presiding arbitrator shall be appointed by the said two arbitrators, who shall invariably be a retired Judicial Officer, not below the rank of a District Judge. The majority award shall be final and binding on the parties.

However, it shall be desirable for the Board of Governors as well as the Association to attempt conciliation of such disputes before referring them to arbitration, through advocates appointed as conciliators.

17. Saving

Notwithstanding anything contained in these Byelaws, all or any action(s) taken or decided regarding the allotment and management of the Chamber Complex before coming into force of these Byelaws shall be deemed to be valid and to have been taken/decided under these Byelaws.