THE KERALA HIGH COURT ADVOCATES’ ASSOCIATION GOLDEN JUBILEE CHAMBER COMPLEX ALLOTMENT & MANAGEMENT BYELAWS, 2010
These Byelaws are made in exercise of the powers conferred by Clauses 13(i), (vi) and (viii) of the Rules and Regulations, 1971 of the Kerala High Court Advocates’ Association to control and administer the Kerala High Court Advocates’ Association Golden Jubilee Chamber Complex.
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.
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.
2). The President and the Secretary of the Executive Committee of the Association shall be the Chairman and Secretary of the Board of Governors respectively.
3). 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.
4). 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 atleast 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, with in 5 days of the receipt of such requisition.
4. Eligibility for allotment in the Chamber:-
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, and such list shall be followed by the Association for the allotment of Chamber as well as Car Parking Slot. The selection and allotment of Chambers shall be finalized every year on or before 31st of March every year.
7. Selection of Allottee Members:-
Explanation:-Member who fulfills the condition in Rule 7(2) will be assigned 10 points and for additional 10 vakalaths one point each and a maximum of 20 points.(5 and above will be treated as 10 and less than 5 will be ignored).
Explanation:–
(1) Member with 3 years of practice will be entitled to 10 points and for additional years of practice one point each for every completed year of practice.
(2) An additional 0.5 point will be given to every year of practice as a member of the Kerala High Court Advocates’ Association.
8. Value of the Chamber:-
9. Rights, Surrender and forfeiture:-
Provided that an allottee member may nominate one of his eligible legal heir as defined in clause 2(viii) in this byelaw for the purpose of allottee his chamber/ car parking in the event of his death/ cessation of practice
10. Maintenance: The day to day and timely maintenance and repairs in the chamber complex shall be conducted by the Association, on the basis of the recommendations and proposals of the Board of Governors. The Allottee members shall be bound to give the proportionate contribution recommended by the Board of Governors and accepted by the Executive Committee of the Association for maintenance, staff salary, taxes, statutory charges, repair charges, corpus fund etc., from time to time. For this purpose the Board of Governors shall be entitled to decide the amount of contribution from each Allottee. Such decision shall be binding on the allottees and non-compliance of any such decision shall be a reason for termination of the allotment granted to an Allottee. All amounts received from the Chamber Complex shall be first utilized for the day to day management, administration and maintenance of the chamber complex.
11. Payment :-All payments to the Association on account of the Chamber Complex including security value, fees, deposits, maintenance charges, donations, grants etc., shall be paid only by account payee cheques or Demand Draft drawn to specific account/s maintained at the bank or banks, as decided by the Association, from time to time. The Association shall maintain separate bank account/s for the Chamber Complex. The Association shall maintain a separate account for the accounting the receipts and disbursement in connection with maintenance of chamber complex and the Association may receive the maintenance charge either in cash or in cheque or demand draft drawn to the specific account, from the allottee members.
12. Amendment:- The Association in consultation with the Board of Governors, shall have the power to propose any amendment, modification or alteration to this Byelaws and such amendment, modification or alteration shall be in force only on approval by the General Body of the Association, in a meeting convened for that purpose with 15 days prior notice along with copy of the proposal for amendment, modification or alteration duly published. No amendment, modification or alteration in this Byelaw shall take to effect unless the majority of members present in the General Body approve such amendment, modification or alteration and the same shall come into force on the same day or on the day appointed as suggested by the General Body.
13. General Conditions
1. Each and Every Allottee shall maintain high integrity, decency and ethics of the noble legal profession, while enjoying the privilege as an allottee.
2. The Allottees are permitted to carry out activities of the legal profession alone in the chamber and any other activities are strictly
3. The Allotees shall not use any advertisement boards in the chamber complex or in front of their respective chambers, except a name board containing the name of the respective Allottee having the size (45 x 15 cm) or such other size prescribed by the Board of Governors and such name board shall be affixed in the top of the door frame of their respective chamber, in a uniform manner.
4. All the Allottee shall ensure the Chamber Complex clean, environmental friendly and litter free .
5. Any complaint or grievance with respect to any act or deeds, which is undesirable, from the part of the Allottee, shall be submitted to the Board of Governors and the Board of Governors shall take appropriate steps in accordance with law, to ventilate such grievances. Any such complaint shall be addressed to the Secretary, KHCAA who shall place the same before the Board of Governors or a committee constituted among them for the said purpose.
6. Any common places including corridors between the chambers shall not be occupied/ utilized for any individual purpose
7. Consumption of alcohol is strictly prohibited inside the chamber complex.
8. Smoking is prohibited in the common places of the chamber complex.
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 the matters connected with allotement and management of the Golden Jubilee Chamber Complex and decision of such Appellate Authority shall be final and binding 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
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/allotee and the Association and among the Allottee members with respect to the allotment, use or any other matter, directly and indirectly touching the chamber complex, it shall be referred to the Board of Governors and 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 be invariably be, a retired Judicial Officer, not below the rank of a District Judge. And 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 for conciliation of such disputes before referring it for arbitration, through advocates appointed as conciliator(s).
17. Saving:– Notwithstanding any thing contained in these Bye laws, all or any action/s taken or decided regarding the allotment and management of the Chamber Complex, before coming into force of these bye laws, shall be deemed to be valid and to have been taken/ decided under these byelaws.
This agreement entered into between the Kerala High Court Advocates’ Association represented by its Secretary (hereinafter referred to as the Association) and Sri/Smt………………………………………………….Member No…………………(hereinafter referred to as the allottee) on this the……day of …………………………20 ….
WHEREAS the allottee became eligible to get allotted a chamber as per the rules of the Association and the Association having decided to allot chamber No………. to the allottee, on the following terms and conditions
1. The allottee shall have the permission to use the chamber allotted to him/ her only for doing his/her professional work as an advocate/lawyer and it shall not be used for any type of commercial activity.
2. The Allottee has paid a sum of Rs…………………as security value for the allotment . The allottee undertakes, that he /she shall also pay, any amount stipulated by the Association by way of circular/s or notice towards alteration, additional construction, maintenance, corpus fund, repairs, common facility enjoyment expenses, taxes and all other fee and expenses which the Association stipulates in future.
3. The allottee undertakes that he/she shall strictly follow all conditions in the rules, bye law, circular/s or notice issued by the Association from time to time. If the allottee violates the same, Association is entitled to terminate the permission and re-allot the chamber to other eligible member.
4. The allottee undertakes that he/she shall not induct, ,permit or any way allow a non member/ stranger to use the premises against the terms and conditions of the rules or directions issued by the Association from time to time.
5. The allottee shall be bound to follow the timings fixed for functioning of the chamber stipulated by the Board of Governors from time to time. Any direction of the Association regarding closure of the chamber on any particular day or any other stipulation regarding the manner of usage of the chamber shall strictly be abided by the allottee.
6. This Allotment shall be terminated on Cessation, cancellation, removal, or suspension of membership of the allottee in the Association, or cessation of his practice as an advocate or any action by any Authority which prevents his practice as an advocate for a period of more than six months or on any violation of the rules, bye law, agreement, other conditions stipulated by the Association including default of maintenance or other charges fixed and demanded by the Association.
7. This Allotment is not heritable or alienable except as provided in the byelaws. On termination of this agreement, the Association shall take back the possession of the chamber subject to the right to reimbursement of the security value of chamber in terms of the surrender value fixed by the Association during the respective year of termination. In case of death of the allottee the Association shall pay the surrender value to the nominee. In case of any dispute as to the legal heirship, the surrender value shall be paid as per orders from competent court of law.
8. Any dispute between the allottee and the Association shall be referred to the decision of the arbitrators as per the byelaws and the decision of the Arbitrators shall be binding on the parties.
9. The allottee shall keep peaceful possession of the chamber and shall not effect any kind of alteration in the chamber or building without the written permission from the Association. The allottee is bound to obey and follow all the directions and instructions issued by the Association from time to time in writing and shall bound to allow the agents or workers authorized by the Association to enter in to the Chamber allotted to him/ her to effect any maintenance, alteration, repair, installation, erection, construction in the chamber either for the common benefit of the allottee members or on a request from an allottee member, which the association finds reasonable and essential for the proper use of the chamber.
10. The allottee shall be bound by all the stipulations in the bye-law, rules, amendments therein and circulars or directions issued by the Association regarding all matters connected with the occupation of the chambers, car parking etc.
Dated this………… day of …..……….20 .
Allottee
Kerala High Court Advocates’ Association
Represented by its Secretary
Witnesses:
1.
2.
THE KERALA HIGH COURT ADVOCATES’ ASSOCIATION
1st Floor, East Block, High Court Building, Kochi-31a
GOLDEN JUBILEE CHAMBER
COMPLEX
The Chamber
No………stands allotted to Sri/Smt……………………………………………. Advocate, Member No
………………………S/o / D/o ………………… ……………… ……… Residing at ………………… ………… ……………
…………… ……………… ……………………… ………………………… …………
for the
professional use of the allottee advocate as per the terms and conditions of
the bye-law, rules, conditions in agreement and circulars of the Association as
amended from time to time.
Bar Council
Registration No :
Kerala High
Court Filing Code :
Kerala High
Court Advocates’
Association
Membership No :
Dated this
the ……… day of ……………..20
Secretary
President
Kerala High
Court Advocates’ Association
Kerala High Court Advocates’ Association
External Links:
Contact:
Website Powered by : Lawqube Technologies