RULES AND REGULATIONS 1971

Amendment up to 19-11-2021

MEMORANDUM OF ASSOCIATION

 

1.	Name of the Society	The Kerala High Court  Advocates’ Association
2.	Office Address of the Society	The Kerala High Court Advocates’ Association,                                                                               Ram Mohan Palace,   High Court Buildings,                                                                               Ernakulam, Cochin -31
3	Area of Operation	Ernakulam & other places where the High Court of                                                                               Kerala function
4	Objects: The objects of the Association are; I.     To encourage and promote the study of the law; II.     1[To protect the interest of the legal profession and to do all acts which are necessary in relation there to]; III.     To promote and maintain a high standard of professional ethics; IV.     To form and maintain an adequate Law Library V.     To determine questions of professional conduct and etiquette; VI.     To co-operate with or be affiliated other organizations of Advocates at the State or National Level; VII.     To acquire, hold and dispose of property by any mode of transfer and to raise funds by subscriptions, donations, loans from any financial and other institutions and by any entertainment benefit programmes for achieving the objects of the Association; VIII.     To introduce schemes for providing legal aid to the poor and for conducting public interest litigations; IX.     To take measures including funding and administration of schemes for social security and welfare of the legal fraternity; X.     To do all such things as are incidental, ancillary or conducive to the attainment of the above objects; XI.  2[To Conduct legal research and study and suggest the government to make appropriate legislations and amendments if any; XII.     To make endeavors to protect rule of law; XIII.     To establish and maintain a well equipped legal library for students, academicians, research scholars for members and for general public; XIV.     Conduct free legal literary camps for the general public; XV.     To promote  and to conduct   research and study on Human Rights and Environment  Protection Law and to publish and evaluate the study reports and make it available to the general public; XVI.     To provide financial assistance to the persons who are affected by Natural calamity]; XVII.     3[To do all acts which are necessary to protect the members of legal fraternity .

1. Clause II substituted by amendment dated 21-12-2018 with effect from 06-09-2005
2. Clause XI to XVI inserted by amendment dated 06-09-2005 with effect from 06-09-2005.
3. Clause XVII inserted by amendment dated 21-12-2018 with effect from 06-09-2005. 

5. The persons entrusted with the :  The Executive Committee

Management of the Association            : of the Association 

The persons whose names and address are given below will be the first Director Board members

Sl. No.       Name and Address                               Position

1. K. Ramakumar President
2. Ambikadevi S Vice- President
3. Legy Abraham Vice President
4. C.E.Unnikrishnan             Secretary
5. M.R.Nandakumar Treasurer
6. Nirmal S Joint Secretary
7. Praveen K. Joy Committee member
8. Jai George             ”
9. Muraleekrishnan R ”
10. Renjith T.R                         ”
11. Rajani K. N.                                ”

The undersigned persons would like to form and function as an Association as per this Memorandum. This Society will function in accordance with the provisions of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and the Societies Registration Act, 1860.

          

Sl. No.	Name and Address	Profession	Position Held in the Association	Signature
1.         2.     3.       4.       5.       6.     7.     8.      9.     10       11	K. Ramakumar “Samthrupthy”, Kalathiparambil Cross Road, Valanjambalam, Cochin-16 S. Ambika Devi Udayagiri 48/2421 E, St. Antony’s Road Elamakkara,Kochi-26 Legy Abraham Thuruthummel House Kakkanad ,CSEZ P.O, Kochi-37 C.E.Unnikrishnan 30/1346,“Poornima” Halifax Enclave,Elamakkara,  Kochi-26 M.R.Nandakumar Mareth,Kanjiramattom P.O Ernakulam PIN 682315 Nirmal S Devika,Govindapuram Kozhikode Praveen K. Joy 3A, RDS Retreat, Kacheripady, Ernakulam Jai George Pulickal,Kadappattor Post Pala, Kottayam Muraleekrishnan R Padmalayam,‘Kuthiathodu Post,Cherthala Renjith T.R Renganivas Kakkanad P.O Kochi-30 Rajani K.N Chatthanattu Veli CMC-22, Cherthala Alappuzha	Advocate         Advocate       Advocate     Advocate       Advocate       Advocate     Advocate     Advocate     Advocate     Advocate       Advocate	President         Vice President       Vice President     Secretary       Treasurer       Jt. Secretary     Member     Member     Member     Member       Member	Sd/-         Sd/-     Sd/-       Sd/-       Sd/-       Sd/-     Sd/-     Sd/-     Sd/-     Sd/-       Sd/-

 THE KERALA HIGH COURT ADVOCATES’ ASSOCIATION, ERNAKULAM 

RULES AND REGULATIONS 1971 

1. Name and place of Business: – The Association shall be called ‘The Kerala High Court Advocates’ Association, Ernakulam’. The office of the Association shall be at the places where the High Court of Kerala functions.
2. Objects:- The objects of the Association are:­
   • to encourage and promote the study of law;
   • ¹[to protect the interest of the legal profession and to do all acts which are necessary in relation there to];
   • to promote and maintain a high standard of professional ethics;
   • to form and maintain an adequate Law Library for the use of the members of the Association;
   • to determine questions of professional conduct and etiquette;
   • to co-operate with or be affiliated to other organizations of Advocates at the State or National level;
   • to acquire, hold and dispose of property by any mode of transfer and to raise funds by subscriptions, donations, loans from any financial and other institutions and by any entertainment benefit programmes for achieving the objects of the Association;
   • to introduce schemes for providing free legal aid to the poor and for conducting public interest litigations.
   • ^2[to do all acts which are necessary to protect the interest of the members of the Association and the members of legal fraternity]

^3[(ia) to take measures including funding and administration of schemes for social    security and welfare of the members]

• to do-all such things as are incidental, ancillary or conducive to the attainment of the above objects.

 

 

1. Substituted by amendment dated 21-12-2018 with effect from 06-09-2005
2. Inserted by amendment dated 21-12-2018 with effect from 06-09-2005 and earlier sub-

   clause (i) was deleted by Amendment dated 3.11.2004. w.e.f 1.1.2005

3. Inserted by Amendment dated 3.11.2004.w.e.f 1.1.2005 

3. Definitions:- In these Rules:
   • ­”Association” means the Kerala High Court Advocates’ Association;
   • “Advocate” means an Advocate entered on the rolls maintained by any Bar Council in India;
   • “High Court” means the High Court of Kerala;
   • “Executive Committee” means the Governing Body on whom the management of the Association vests;
   • ‘Disciplinary Committee’ means a committee having a one year term consisting of five members elected by the General Body ⁴[which shall be compulsorily done] at the beginning of the year.
4. Membership:- The Association shall consist of the following classes of members,­

(a) Honorary Members, being persons of eminent position and attainment in the legal profession and jurist of repute invited by the Executive Committee on the recommendation of the General Body to become Honorary Members of the Association.

(b) Life Members, being advocates who pay a Life Membership fee of ⁵[Rs.5000/-] to the Association provided that the existing Life Members shall continue as Life Members.

⁶( c)Ordinary members, being advocates practicing ordinarily in the High Court of Kerala and having minimum 15 vakkalath filed before the High Court of Kerala; within a period of two years prior to the date of submission of   membership application, which shall be accompanied with testimonial attestation from 5 life members of the Association; shall be admitted as members. Along with the membership application to the Association, the applicant shall simultaneously apply for the membership in Kerala High Court Advocates Welfare Fund Trust, either as an ordinary member or a life member, as per his/her choice.

Provided that any ordinary member who avails financial assistance from the bank for being inducted into the membership of Kerala High Court Advocates Welfare Fund Trust commits any default in the payment of monthly installments to the bank and leading to cessation of membership from the Welfare Fund Trust, shall cease to be the member of the Association; provided such cessation can be revived, on clearing the dues to Welfare Fund Trust and submitting a request to the Executive Committee for revival.

4. Inserted by Amendment dated 3.11.2004. w.e.f. 1.1.2005
5. Substituted by Amendment dated 19-12-2014 w.e.f. 01-04-2015 and prior to

   substitution the fee was increased from Rs 2, 500/- to RS 3, 000/- as per the

  amendment dated 15.9.2004 w.e.f 1.1.2005

6. 6. Substituted by amendment dated 19.11.2021 e.f. 01.01.2022

5. ⁷Honorary Members and Life Members are not liable to pay any subscription to the Association, provided that all existing Life Members and other Life Members at the time of admission shall remit a sum of Rs.200- towards the relief fund and Rs.200- towards the library fund.

5A.   Eligibility to be a Life Member;

⁸ An Advocate to be a life member of the Association should have completed 5 years of continuous membership as ordinary member in the Association and shall also pay the membership fee as prescribed in Rule 4b. The member, who subscribed and retains the life membership in Kerala High Court Advocates Welfare Fund Trust, is alone eligible to become the life member of the Association”.

6. ⁹All Ordinary members shall pay an admission fee of Rs.1000/- and a monthly subscription of Rs.60/- and sum of Rs.200/- to the relief find and a further sum of Rs. 200/- to the library fund.
7. ¹⁰ “Notwithstanding anything contained in Rule 6, an Advocate who apply for membership in the Association; after the attainment of the age of fifty years; shall pay an amount of Rs.45,000 as admission fee in addition to the amounts prescribed under Rule 4(b) and 6 and also shall subscribe the membership in Kerala High Court Advocates Welfare Fund Trust; simultaneously along with the membership in the

Provided that if an applicant who is an advocate aged more than 50 years and practicing in any other court in India having a practice of not less than 15 years and is a member of such Bar Association, which is recognized by the respective State Bar Council, will be liable to pay only the fee prescribed in Rule 4(b) and (c). Such applicant shall produce the documents to prove such eligibility; along with a no dues certificate from such Bar Association and also shall subscribe membership in the Kerala High Court Advocates Welfare Fund Trust simultaneously.

Provided further that the advocate who applies for membership in the Association; after the attainment of age of Sixty Five years shall pay Rs. 10,000 as a contribution to the Kerala High Court Advocates Welfare Fund Trust; at the time of applying for the membership in the Association.

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7. Substituted by Amendment dated 19-12-2014 w.e.f. 01-04-2015 and prior to

                substitution the fee was inserted by amendment dated 3-11-2004 w.e.f. 1-1-2005

8. Substituted by amendment dated 19.11.2021 with effect from 01.01.2022.
9. Substituted by amendment dt. 19.11.2021 with effect from 01.01.2022,

 Provision  earlier to substitution was present provision Rule 6 plus The words “500” was substituted for words”300” by amendment dated 19.12.2014 w.e.f.01.04.2015. The words “Rs 300” was substituted for the words “Rs. 250” by amendment dated 3.11.2004 w.e.f. 1.1.2005 and words “Rs 20/-“ was substituted for the words “Rs. 10” by amendment dated 3.11.2004 w.e.f 1.1.2005. The words, “Rs 50/- as relief fund” and “Rs 50/- as library fund” was inserted by amendment dated 3-11-2004 w.e.f. 1.1.2005.

10. Substituted by amendment dt. 19.11.2021 with effect from 01.01.2022. Provision prior to subscription was that notwithstanding the provisions contained in Rule 6 Advocates who apply for membership in the Association after the attainment of the age of fifty years shall pay an amount of Rs.20,000/- as admission fee in addition to the amounts prescribed under Rules 4(b) and 6.. The words “20000” was substituted for RS”3000”-by amendment dt.19.12.2014 w.e.f 01.04.2015. 

8a[Provided that if an applicant who is an advocate practicing in any other court in India, having a practice of not less than 15 years and is a member of such Bar Association, irrespective of his age, will be liable to pay only the fee prescribed in Rule 4 Clause B & C and Rule 6 on production of documentary proof of such eligibility along with a no dues certificate from such Bar Association.]  

8. Any ordinary member in arrears of monthly subscription continuously for a period of one year shall cease to be a member of the Association:

¹² “Provided that such member may be readmitted as a member; on payment of the entire arrears within one year and Rs.200 as re-admission fee and if such member is not the member of the Kerala High Court Advocates Welfare Fund Trust, he/ she shall be re-inducted as a member of the Association only after the subscribing to the membership in Kerala High Court Advocates Welfare Fund Trust.

    Provided further that those seeking re-admission after one year shall pay such

   further sum as may be decided by the Executive Committee

^13[ 8A:- Not withstanding anything contained in these rules, any member of the Association  who fails to repay the aid or financial assistance availed from the Kerala High Court Advocates’ Association Junior Lawyer’s Welfare Fund, within the stipulated period, shall cease to be a member of the Association from the date of such default, as a loanee or guarantor as the case may be; and such member shall forfeit all his rights and privileges as a member of the Association with effect from the date he is declared to be a defaulter by the Executive Committee, on getting a report from the Junior Lawyers Welfare Fund Committee in this regard. 

11. Proviso inserted by as per amendment dated 21.01.2018 w.e.f 03.12.18
12. Substituted by amendment dt. 19.11.2021 with effect from 01.01.2022. 1^st proviso prior to substitution. Provided that such member may be readmitted as a member on payment of the entire arrears within one year and Rs.100/- as re-admission fee.Provided further that those seeking re-admission after one year shall pay such further sum as may be decided by the Executive Committee.

Substituted by amendment dated 19-12-2014 with effect from 01-04-2015. Re admission fee was Rs 100/- prior to substitution.

13. Inserted with effect from 17.10.2001. 

Provided that such members shall be readmitted as a member on payment of the entire arrears due to the Junior Lawyers Welfare Fund and Rs. 100/- as re admission fee; if the payment is made within one year.

Provided further that the member seeking re-admission after one year shall pay such further sum as re-admission fees as may be decided by the Executive Committee. ]

¹⁴8(b). Not withstanding anything contained in this rules, every member shall contribute such sum, as may be decided by the general body from time to time, on such vakalath being filed in the High Court as contribution to the development fund of the Association.

Provided that a member who fails or refuses to make the contribution as mentioned to the above development fund shall be treated as a member in arrears and shall forfeit all rights and privileges as a member of the Association.

9. Application for membership:­ 

¹⁵[(a) Every application for membership shall be in the prescribed form and shall be accompanied by an application fee of Rs.50/-]. The Secretary shall, on receipt of the application, submit the application to the Executive Committee and Committee may admit the applicant as members of the Association or reject the application showing reasons. The General Body may, on appeal by the applicant whose application is rejected, consider the reasons for rejection and may admit the applicant as a member of the Association or dismiss the appeal.

(b) The Secretary shall intimate the applicant about the decision of the Executive Committee to admit the applicant and direct him to pay the subscription. If the application is rejected the applicant shall be informed accordingly and the application fee or any other amount received from him along with such application shall be refunded within fifteen days.

14 . Inserted w.e.f.17-10-2001

15. .Inserted w.e.f 02-09-2002.

Substituted by amendment dated 19-12-2014 with effect from 01-04-2015. Application fee was Rs 25/- prior to substitution, which was substituted for Rs 5 by amendment dated 03-12-2004 with effect from 01-01-2005.

10. Executive Committee:­

¹⁶(a). The Management of the Association shall vest in Executive Committee consisting 1). The President, (2) Two Vice Presidents of whom one shall be a lady, (3) The Secretary (4) The Treasurer and (5) Seven members of whom one shall be a lady and one shall be a designated Senior Advocate.

¹⁷(aa) The candidate for President ship shall have been a member of the Association at least for a period of 10 years and should have a standing in the Bar of at least 15 years. The candidate for Vice Presidentship shall been a member of the Association at least for a period of 7 years and should have a standing in the Bar of at least 10 years. The candidate for secretaryship shall have been a member of the Association at least for a period of 5 years and should have a standing in the Bar of at least 7 years. The candidate for Treasurership shall have been a member of the Association at least for a period of 5 years and should have a standing in the Bar of at least 7 years.

(b) The President shall nominate a joint Secretary from among the members of the Executive Committee.

                 ¹⁸(bb) The candidate to the post of members in the Executive Committee shall have been a member of the Association at least for a continuous period of 3 years.

¹⁹(c) The Executive Committee shall allocate specific functions to each of the Committee members.

If any vacancy arises in the post reserved for lady member and/or a designated Senior Advocate, the President may nominate members from the respective constituency, subject to clause 12 of this Rule].

12. 11. The Executive Committee shall be elected from the members by secret ballot which shall be conducted before the 31^st day of December every year as provided in rule 39.
13. 12. Any casual vacancy occurring in the Executive Committee maybe filed up by the Executive Committee by Co-option from among the members of the Association. 

16. Substituted by amendment dated 17-10-2013 w.e.f 17-10-2013.
17. Inserted by amendment dated 03-11-2004 w.e.f 01-01-2005.

Inserted by amendment dated 17-10-2013 w.e.f.17.10.2013

18. Inserted by amendment dated 17-10-2013 w.e.f.17-10-2013.
19. Inserted by amendment dated 17.10.2013 w.e.f. 17.10.2013.

13. 13. The Executive Committee shall have the following powers:­
14. to hold, control and administer the properties of the Associations;
15. to invest all moneys belonging to the Association;

• to purchase books for the library and to subscribe for newspapers and periodicals and publish journals or Magazine;
• to appoint the employees of the Association, to fix their salary and to suspend, dismiss or remove them from employment;

1. to accept endowments, bequest and donations to the Association;

• to appoint sub committees and special committees for specific purpose;
• to prepare the Annual Report to be presented to the Annual Meeting and to prepare Budget Estimates for the current year;
• to pass bye-laws not inconsistent with these rules;
• to conduct meetings, seminars and symposiums and to arrange lectures;

1. to constitute funds for the welfare of the members;
2. to open a branch of the Association if necessary and circumstances warrant;

• to do all such matters conductive for the achievement of the objects;
• ²⁰[Notwithstanding anything contained in the foregoing provisions, no single work or programme, the expenditure of which exceeds Rs.50,000/- shall be conducted by the committee without the prior approval of the General Body.]

²¹[13A. To exercise disciplinary powers in respect of the members of the Association subject to the following rules:-

1. a) The Executive committee of the Association shall have the power to initiate disciplinary proceedings against a member either suo moto or on receipt of a complaint of a conduct which is unbecoming of a member of the Association or involving moral turpitude or allegations of a grave nature or any acts against the interest of the Association. The Executive Committee of the Association shall have the power to suspend a member from his membership on being satisfied of the prima facie sustainability of the Allegations on recording the reasons for the suspension.

b)The order of suspension shall be referred to the Disciplinary Committee within 15 days of the order of Suspension for ratification. The Disciplinary Committee shall have to take a decision on the same within another 15 days, failing which the order of suspension shall cease to be effective.

20. Inserted by amendment dated 03-11-2004 w.e.f. 01-01-2005.
21. Rule 13 A inserted by amendment dated 29-10-2009 w.e.f. 29-10-2009 

c ) Executive committee shall refer the complaint to the disciplinary committee within 7 days from the date of initiation of disciplinary proceedings and the disciplinary committee shall frame memo of charges, and statement of allegations within 7 days thereafter.

1. The disciplinary committee shall forward a copy of the memo of charges and statement of allegations to such member before commencing the enquiry proceedings. He is entitled to submit a written statement of defense within a period of 7 days from the date of receipt of memo of charges and statement of allegations, if he desires so.
2. The disciplinary committee shall appoint a member as enquiry officer, who has a standing of a minimum of 25 years of standing in the bar, to conduct enquiry on charges leveled against to such member. The enquiry officer shall afford reasonable opportunity to the concerned member and the presenting officer to adduce oral as well as documentary evidence.

1. The Executive Committee is empowered to engage a member of the Association as the Presenting Officer to present the matter in the inquiry before the enquiry officer.

1. The enquiry officer shall prepare a detailed enquiry report specifically mentioning the charges proved or not proved against such member and the enquiry report shall be submitted before the disciplinary committee.

1. The disciplinary committee shall send a copy of the enquiry report to the member concerned seeking his explanation on the findings contained in the enquiry report.  The member shall submit his explanation within 7 days from the date of receipt of the copy of the enquiry report, if desires so.

1. The disciplinary committee shall afford a personal hearing to the member concerned before taking a final decision.
2. The disciplinary committee may recommend the following punishments  for approval of the General Body to be convened specifically for that purpose within a period of 15 days from the date of receipt of the recommendation of the disciplinary committee:-
4. Expulsion from the primary membership of the Association, which may extend up to six months.
5. Removal from the primary membership of the Association.

(k). The proceedings so initiated against a member shall be finalized within a

period of 90 days from the date of commencement of the proceedings.]

14. President: – The President shall preside over the meetings of the General Body and of the Executive Committee. He shall have discretionary powers in all matters not specifically provided for in these rules and power of supervision and control. The President has the power to adjourn the meeting.

16. The Vice-President who is senior in standing shall have all the powers of the President in the absence of the President and in the absence of both; the next Vice-President shall have all such powers.
17. Secretary:­ –

• The Secretary shall be the Executive authority of the Association. He shall represent the Association in all legal and other proceedings, and shall sue and be sued in the name of Association.

• He shall be in charge of all the records of the Association. He shall convene meetings of the General Body of the Association as well as of the Executive Committee;

• In the absence of the Secretary, the Joint Secretary shall exercise all the powers of the Secretary and in the absence of both such power shall be exercised by any member of the Executive Committee authorised by the President.
• The Joint Secretary shall assist the Secretary and exercise all power of the Secretary during the absence of the Secretary.

²² 16A. Every member of the Association has a right to information with regard to all the affairs of the Association duly recorded and he is entitled to peruse/obtain copies of all documents without delay on payment of charges, if found necessary.

22. Inserted by amendment dated 03-11-2004 w.e.f. 01-01-2005

17. Treasurer­
    • The Treasurer shall be in charge of all the funds of the Association, and he shall disburse the same in accordance with the decisions of the Executive Committee.
    • The Treasurer shall maintain the accounts of the Association correctly and properly.
    • The Treasurer shall submit a statement of accounts bi­ monthly to the Executive Committee.
    • The Treasurer shall prepare an Annual Statement of Accounts for the current year and Budget Estimates for the ensuing year for the approval of the Executive Committee to be presented at the Annual Meeting of the Association.
18. Meetings of the Executive Committee:- The executive Committee shall meet at least once in every two months to consider such matters as are necessary for the efficient working of the Association.
19. The secretary may, on his own initiative or on the direction of the President, or on the written requisition of three or more members of the Executive Committee specifying the purpose, convene a meeting of the Executive Committee for the consideration of any matter relating to the Association.
20. The quorum for the meetings of the Executive Committee shall be six.
21. All matters before the Executive Committee shall be decided by a majority of votes of the members present and voting. In case of equality of votes, the President shall have a casting vote.

²³21A.  All decisions of the committee, except routine ones, shall          be kept displayed at least for one week.

22. The Secretary shall prepare minutes of the meetings of the Executive committee, and it shall be read and passed at the next meeting. The Executive Committee shall have power to decide urgent matters by circulating among the members, provided the decision shall be on the basis of majority view.

• Any Members of the Executive committee who abstains from three consecutive meetings of the Executive Committee shall cease to be a member of the Executive committee.
• Annual General Meeting– The Secretary shall convene the Annual General Meeting before the 1st of December every year to:
  • Consider the Annual Report of the working of the Association;
  • to consider and pass the accounts of the Association and the auditors report thereon;
  • to pass the budget estimates for the ensuing year;
  • to consider resolutions of which not less than 3 days notice has been given to the Secretary by any member.

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23. Inserted by amendment dated 03.11.2004 with effect from 01.01.2005.

25. Extra-ordinary general meeting on requisition:­
    • The Secretary shall, on requisition signed by at least ²⁴[50] members of the Association specifying the subject for consideration convene an extra-ordinary General Meeting of the Association within five days of the receipt of such requisition.
    • A requisition to convene a meeting of the Association to consider a no-confidence resolution on the President, Vice-Presidents, Secretary, Treasurer or the Executive Committee shall be signed by at least ²⁵[350] members of the Association and the no-confidence resolution shall be passed by a majority of 2/3 members ²⁶[present and voting.]²⁷[Provided that the quorum for the meeting shall be 350 members on the rolls]

²⁸(c) The requisition for moving a resolution shall be duly acknowledged by the office.

26. General Body Meeting:- A meeting of the General Body of the Association may be’ convened by the Secretary on the direction of the President or the Executive Committee.
27. Notice: – Not less than seven days notice in the case of Annual General Meeting and not less than three days notice in the case of meetings called under rules 25 and 26, shall be given. In case of urgency the Executive Committee may decide to give notice for a less or period but such notice shall in no case be less than 24 hours.
28. Publication of notice of the meetings in the notice board shall be deemed to be sufficient compliance.
    • Quorum:- ²⁹[Save as otherwise provided] the quorum of the General Body meetings shall be ³⁰[50] members on the rolls.

• All members present at General Body Meetings of the Association shall be entitled to one vote. Voting shall ordinarily be by show of hands. If before or immediately after voting by show of hands, a polling is demanded, such polling shall be by secret ballot. In all matters the decision of the majority shall prevail but in case of equality of votes, the President or Chairman shall have a second or casting vote.

31. Every meeting of the General Body shall be presided by the President or in his absence by one of the Vice Presidents as may be decided by the Executive Committee. If both the President and the Vice-Presidents are absent, the members present may elect one among themselves as Chairman of the meeting.

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24. Substituted for the word ‘ten’ by amendment dated 03.11.2004 w.e.f 01.01.2005
25. Substituted for the word ’50’ by amendment dated 03.11.2004 w.e.f. 01.01.2005
26. Substituted for the word ‘on the rolls’ by amendment dated 3.11.2004 w.e.f. 01.01.2005
27. Inserted by amendment dated 03.11.2004 w.e.f. 01.01.2005
28. Inserted by amendment dated 15.09.2004 w.e.f. 01.01.2005
29. Inserted by amendment dated 29.09.2004 with effect from 01.01.2005.
30. Substituted for the word ‘25’ by amendment dated 03.11.2001 with effect from 01.01.2005

 

• In matters of procedure at all meetings the ruling of the President or the Chairman shall be final. The President or Chairman shall, if necessary, dissolve or adjourn the meeting.
• No resolution passed ³¹[by the] General Body of the Association shall be reconsidered except on a requisition signed by not less than ³²[100] members of the Association and such resolution shall be passed by a majority of at least 2/3rd of the members present and voting.
• The Secretary shall maintain minutes of the meeting of the Association, and the same shall be placed at the next meeting for confirmation.

 

• Accounts:-The Treasurer shall keep regular accounts of the money collected and expenditure incurred on behalf of the Association.
• All moneys collected shall be deposited in the State Bank of India or any other Bank approved by the Executive Committee. An amount of less than Rs.100/- may be retained with the Treasurer for day-to-day expenses.
• Bank Accounts of the Association shall be operated by the Treasurer and all cheques shall be signed by the Treasurer and Secretary.

(a) The Accounts of the Association shall be audited every year before the 15th November by a member of the Association other than a member of the Executive Committee, appointed by the General Body Meeting of the Association.

(b)The report of the auditor shall be placed before the Annual General Meeting of the Association along with the Annual Statement of the Accounts.

³³(c) The Executive Committee shall maintain the Accounts of the Association on financial year basis and the same shall be audited; every year before 30^th day of June, by a qualified Chartered Accountant, appointed by the Executive Committee of the Association. This shall be in addition to the internal audit provided in sub-clause (a), herein above.

39. Election:- ³⁴[The election of the President, Vice Presidents, Secretary, Treasurer and the 7 members of the Executive Committee shall be by secret ballot]. The Returning Officer shall be elected by the members at the Annual General Meeting. The Returning Officer shall conduct the election and announce the result in accordance with these rules.

 

31. Substituted for the words ‘at any’ by the amendment dated 03.11.2004 w.e.f. 01.01.2005
32. Substituted for the word ’25’ by amendment dated 03.11.2004 w.e.f. 01.01.2005
33. Substituted by amendment dated 21-12-2018. Earlier clause was inserted by the amendment dated 27-09-2005 which reads “The Association shall maintain regular books of accounts and the same  shall be  audited by a  qualified accountant”
34. Substituted by the amendment dated 17-10-2013 

• The Secretary shall publish a list of members on the rolls of the Association who are entitled to vote at the election, before the 20th November every year, and any member who has any objection that any name has been wrongly entered in the list or that any name has been wrongly omitted from the list may file objections to the list within three days of publication of the list. The Secretary shall, after considering the objection filed, finalise the list and publish the same on the notice Board on or before the 1st December and the list so published shall be the final list known as the list of voters, and a copy of the same shall be handed over to the Returning Officer. An Advocate admitted as member of the Association after the 20th day of November shall not be entitled to vote for that year. A member in arrears on the 20th November shall not be eligible to vote in the election.

41. The Returning Officer shall, in consultation with the Secretary, fix the date of election. He shall call for nominations giving at least three days from the date of notice for filing nomination and shall fix the date for scrutiny of nominations received in time and shall fix date for withdrawal of nominations.

• The nominations shall be signed by a proposer and a seconder, and shall also contain a statement of willingness of the proposed candidate to accept the office, if elected. The proposer, seconder and the candidate proposed shall be members included in the final list of voters handed over to the Returning Officer,

³⁵[provided that the nomination shall contain details of the date of enrolment of the contesting candidates and the date of admission of the candidates as a member of the Association.]

43(a) The election shall be completed and results announced before 31st December every year, and the newly elected Executive Committee shall take charge on the first working day of the month of January of the next year.

(b) If no election is conducted in any year for any reason whatever, or if the election is delayed, the existing Executive Committee shall continue in office until the election is held and the newly elected Executive Committee assumes office.

44. Library:– The Executive Committee shall maintain an adequate law library which may contain­

• all law reports published from Kerala.
• all important law reports of an all-India nature,
• recent text on all branches of law, and
• all Central and Kerala Statutes.

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35. Inserted by the amendment dated 03.11.2004 w.e.f 01.01.2005

• The library shall be a reference library, and books may be lent to members only in exceptional cases on the express sanction of the Secretary.

46. The Secretary or person authorized by the Secretary shall maintain a catalogue of all the books in the library suitably classified.

^36[46 A. Dissolution: In the event of dissolution, the net assets if any after satisfying all the debt and liabilities shall either be transferred to societies/Trusts having the same or similar objects or shall be vested with the Government.

47. Miscellaneous:­

(a) Any member of the Association is liable to be removed from the membership of the Association by the General Body on the recommendation of the disciplinary Committee.

(b) The decision of the General Body shall be by 2/3

majority of the members present and voting; ³⁷[the quorum of the meeting being 200 members on the rolls.]

48. Amendment: – These Rules of the Association may be amended at a meeting specially convened showing in the notice of the meeting the amendments to the rules proposed and the amendment shall be considered at a meeting having an attendance of 25 percent of the total membership or 50 members, whichever is less, and the amendment shall be passed only by a majority of 2/3 of the members present and voting.

³⁸48A. Amendment: “No amendment to the Memorandum of Rules and Regulations will be made without the prior approval of the Commissioners of Income Tax.”

³⁹48 (B)- Power to make Special Rules, Byelaws and regulations:The General

Body of the Association shall be vested with the power to make special

Rules for the         Kerala High Court Golden Jubilee Chamber Complex and

also to frame necessary Bye laws or Regulations, as the case may be, for the

said chamber complex, in the following matters.

1. Management
2. Maintenance
3. Allotment of Chambers
4. Service conditions of staff deployed in chamber complex

49. Transitory provisions:- On the coming into force of these amendments the office bearers of the Executive committee shall continue in office until election is held in accordance with the amended rules and the newly elected Executive Committee takes charge. 

36. Inserted by the amendment dated29.03.2005 with effect from

         .29.03.2005.

37. Inserted by the amendment dated 03-11-2004 with effect fro 01-012005
38. Inserted by amendment dated29.03.2005 with effect from 29-03-2005.
39. Inserted by amendment dated 19.11.2021 with effect from 01.01.2022

50. Repeal and saving:- The rules as amended shall come into force with effect from 3^rd day of December. Notwithstanding the amendments all resolutions passed and all actions taken in accordance with the Rules and Regulations prior to the amendment shall continue in force.
51. ⁴⁰[Investments:-The funds of the Association shall be invested strictly in accordance with the provisions of Sec. 11(5) read with Section 13(1)(d) of Income Tax Act.
52. Expenditure: – Income of the Association shall be solely utilized towards the objects and that funds/assets will not be utilized for payment to the members by way of profit/interest/dividend etc.
53. Benefits of the Association is open to all, irrespective of caste, creed, sex, religion etc].

⁴¹[54].^42.[Miscellaneous:­

This Association is functioning in accordance with the provisions of The Travancore Cochin Literary, Scientific & Charitable Societies Registration Act – XII of 1955].

40. Rules 51, 52 and 53 inserted by amendment dated 27-09-2005  e.f.27-09-2005
41. Rule 51 inserted by the amendment dated 03-11-2004 w.e.f.01-01-2005
42. Earlier Rule 51 is renumbered as 1Rule 54 by amendment dated 27-09-2005.