Registered under the Societies Registration Act XXI of 1860 In the matter of an application for the registration of "The High Court Bar Association, Cuttack" under Act XXI of 1860, being an Act for the Registration Literacy, Scientific & Charitable Societies
Memorandum of Association. of
The High Court Bar Association, Cuttack.
1. The name or the Society is:
THE HIGH COURT BAR ASSOCIATION, CUTTACK.
2.The registered office of the society, shall ordinarily be situated at Cuttack in the State of Orissa.
3. The objects for which the Society is established are:
(a) To uphold the honor, dignity and independence of the Bar and the profession of law.
(b) To maintain and promote professional dignity of the members of the legal profession in general and or the members of the Association particular.
(c) To promote and protect the Interests of the legal profession in Orissa in general and the members of the Association In particular.
(d) To assist the Bar in upholding its right and dignity in its relations with the Executive and the Judiciary.
(e) To uphold the Constitution of India and the representative, free and Democratic form of Government and to uphold and promote the Rule of law.
(f) To promote the science of Jurisprudence and to encourage research and investigation In legal and allied field.
(g) To apply the knowledge and experience In the field of Law to the promotion of public good.
(h) To set up a Code of professional conduct, discipline and etiquette.
(i) To provide for its members a common place where all the members of the Association may gather together and have all facilities for conducting their profession.
(j) To take measures for the provision of free legal aid to the poor and the establishment and maintenance of a system of prompt legal advice for persons, irrespective of their capacity to pay.
(k) To establish and maintain an up-to-date library.
(I) To take measures to provide for financial aid to the members of the Bar In Strained circumstances and to the members of their family on their death.
(m) To do all such things and to perform all such acts as may be necessary or proper for the achievement of any or all of the above objects.
4. Interpretation :
The management of the affairs of the Association is entrusted in accordance with the Rules and Regulations of the Association to the Executive Committee or which the members are :
|Name||Designation||Occupation & address|
|1 Sri L.K.Dasgupta||President||Advocate, Gangamandir, Cuttack,|
|2 Sri G. Rath,||Secretary||Standing Counsel, Orissa, Jail Road, Cuttack.|
|3 Sri R.K.Mahapatra,||Assistant secretary||Advocate, Telenga Bazar,Cuttack.|
|4 Sri B.N.Patnaik,||Member||Advocate, Bhasakosh Lane,cuttack.|
|5 Sri R.N. Misra,||Member||Advocate ,Stoney Road, cuttack.|
|6 Sri S. Acharya||Member||Advocate,Station Road,Cuttack .|
|7 Sri S. C. Mahapatra,||Member||Advocate, Darji Sahi, cuttack.|
5. A Copy of the Rules of the Association, certified to be a correct copy by five members of the Executive Committee IS filed with the Registrar of Societies along with the Memorandum of Association. We the several persons, whose names and addresses are given below, having associated ourselves for the purpose described in the Memorandum of Association do hereby subscribe our names to this Memorandum of Association and set our several' hands hereon to and from ourselves into a Society under Act XXI of 1860. This 5lh day of September, 1961.
|1||Sri I.K. Dasgupta, Advocate||Ganga Mandir, Cuttack||Sd/-|
|2||Sri B. Mohapatra, Advocate||Telenga Bazar, Cuttack||Sd/-|
|3||Sri M. Mohanty, Advocate||Khatbin Sahi, Cuttack||Sd/-|
|4||Sri G.K. Mishra, Advocate||Dolamundai, Cuttack||Sd/-|
|5||Sri R.N. Sinha, Advocate||Ganeshghat, Cuttack||Sd/-|
|6||Sri R.n. Misra, Advocate||Stoney Road, Cuttack||Sd/-|
|7||Sri G. Rath, Advocate||Jail Road, Cuttack||Sd/-|
1. Govind Das, Advocate
Orissa High Court, Cuttack
2. S. Pamaik
Orissa High Court, Cuttack
“Association” means “The High Court Bar Association, Cuttack”
There will be three clauses of Membership
(a) Ordinary members
(b) Life members and
(c) Honorary members
Ordinary Members :
Any advocate on the Roll of Advocates of the Orissa High Court whether in active practice or not, shall below the age of 50 years is to pay Rs. 4,900/- as Admission Fee, Rs. 50/- towards the Admission Form charges and Rs. 100/- towards Library development and above 50 years he has to pay Rs. 7400/- as Admission Fee, Rs. 50/- towards the Admission Form charges and Rs. 100/- towards Library development. as enrolment fee and a monthly fee of Rs. 10/- (Ten) be eligible to be an ordinary member for practicing less than 15 years and Rs. 20 (Twenty) for more than 15 years.
Any existing ordinary member or any advocate on the Roll of the Orissa High Court, below the age of 50 years he/she will be eligible to be admitted to be a Life Member on payment of Rs. 10,000/- and likewise above 50 years, he/she will be eligible to be admitted as a Life Member on payment of Rs. 12,500/-.
The General Body may elect persons as Honorary members on account of their meritorious service to the profession, science of law, maintenance and reform of the Administration of Justice, maintenance, support of free and democratic form of Government or the maintenance and promotion of the Rule of law.
3.Admission of Members :
Any person enrolled as an advocate in the Orissa High Court wishing to become an ordinary member of the Bar Association, may apply in writing to the Secretary of the Association for admission by an application signed by him and recommended by at least two members of the Association provided that the General Body may admit honorary members, without any formal application.
The monthly subscription shall be Rs. 10/- (Ten) be eligible to be an ordinary member for practicing less than 15 years and Rs. 20 (Twenty) for more than 15 years only payable in advance and shall become due on the first day of the month. The name of any member failing to pay the subscription for more than two consecutive months shall be liable to be removed from the Roll of members, but the liability of such member for any amount that may have become due at the date of removal of his name, shall not cease; provided that if the Executive Committee on application finds any justification for the non-payment, it shall be competent for them to admit such defaulting member into membership without any penalty and readmission fee.
5.Removal of members :
Any member acting in a manner not befitting a member of this Association or in contravention of its objects, rules, regulations or the Code of Conduct from time to time laid down, shall be liable to be removed from the Roll of members or censured or otherwise dealt with by the Executive Committee, provided that no person shall be removed from the Roll of members under this rule unless the decision of the Executive Committee regarding removal is approved by the General meeting by a special resolution supported by at least two thirds of the members present.
6.Executive Committee :
1. There shall be an Executive Committee of the Association which shall consist of the following :
(i) The President of the Association,
(iii) The Secretary and Ex-Officio Treasurer,
(iv) Joint Secretary
(v) The Assistant Secretary
(vi) Assistant Secretary (Library)
(vii) Nine annually elected members.
They shall be elected at the annual general meeting of the Association from amongst the members of the Association and shall continue to hold office until the next annual general meeting.
2. The Executive Committee shall manage the whole business and the affairs of the Association and shall have all powers, duties and functions necessary, proper and incidental to the promotion and carrying out of the objects of the Association including framing of rules and regulations for the purpose.
3. In particular and without prejudice to the generality of the powers referred to above, the Executive Committee shall have the following powers :
(a) To manage all the properties of the Association;
(b) To accept any trust fund or endowment in which the Association is interested and to raise funds for the Association by gift, donation or otherwise, to raise loans etc;
(c) To grant loans to the members of the Association or give monthly aid to members in strained circumstances and to the families after their death;
(d) To appoint from time to time, officers and employees on such terms and conditions as may be found necessary for carrying on the management and affairs of the Association ;
(e) To exercise control over the employees of the Association including the power of suspension and dismissal;
(f) To institute and maintain a library for the Association ;
(g) To perform all such acts and duties and exercise all such powers as may be delegated or assigned to it by the Association from time to time.
The president shall :
(a) Preside over all the general meetings of the Association including the annual or extraordinary meetings and the meetings of the Executive Committee;
(b) Represent the Association whenever a formal representation is necessary ;
(c) Exercise all the powers and functions of a Chairman in the meetings of the General Body and the Executive Committee including giving a casting vote in case of a tie;
(d) Perform such other functions as might be required by the Rules or by the Executive Committee or general meetings of the Association.
7A. Vice-President :
The Vice-President shall perform all such functions and duties assigned to the post of President in his absence and as may be assigned by the Association.
The Secretary shall be the Ex-Officio Treasurer and shall subject to the control and supervision of the Executive Committee,
(a) be in charge of the day to day management of the funds and affairs of the Association ;
(b) give effect to the resolutions of the General meetings and of the Executive Committee;
(c) spend the funds of the Association in accordance with the Budget, in paying the salaries of the servants, in purchasing books, furniture and cause list, and requirements for the Library and for other purposes connected with the management of the Association, provided that no expenditure on any particular item exceeding Rs. 100/- shall be incurred without prior approval of the Executive Committee;
(d) convene all meetings of the Association and the Executive Committee;
(e) keep and maintain the accounts to be audited every year and minutes of the meetings of the Association, and the proceeding of the Executive Committee and of any other Committee appointed either by the Association or the Executive Committee;
(f) generally supervise the working of the various activities of the Association;
(g) perform such other functions as he may be required to perform by the Executive Committee and the Association in accordance with the objects of the Association.
8.A: Joint Secretary :
The Joint Secretary shall assist the Secretary in discharge of functions and also do all such things which may be assigned to him by the Association.
9.Assistant Secretary :
The Assistant Secretary shall assist the Secretary in his duties and also perform any duties specifically required by the Executive Committee to be performed by him.
9.A : Assistant Secretary (Library)
The Assistant Secretary (Library) shall remain in charge of Bar Library on behalf of the Executive Body and also look after the day-to-day affairs of Library and also discharge all such functions as may be decided by the Association.
10.Vacancy in the Executive Committee :
Any casual vacancy in the Executive Committee except that of the President, Secretary and Assistant Secretary, shall be filled up by co-option by the Executive Committee. In case of a vacancy occurring in respect of President, Secretary or Assistant Secretary, the vacancy shall be filled up by fresh election in a general meeting convened for the purpose.
11.Annual General Meeting :
Annual general meeting shall be convened by the Secretary every year to meet before the end of the month of July for the following purposes :
(a) Election of the President, Secretary, Assistant Secretary and members of the Executive Committee;
(b) Presentation and approval of the audited accounts of the past year;
(c) Transaction of any other business as may be necessary.
12.Other General Meetings :
The Secretary, in consultation with the President may convene a general meeting.
13.Extra-Ordinary Meetings :
An extraordinary general meeting shall be convened by the Secretary at the requisition of at least ten members in writing and addressed to the Secretary & accompanied by the statement explaining the purpose for the meeting.
14.Notice of Meetings :
Notice of meetings shall be given by fixing up a notice along with the agenda on the notice board of the Association and also by circulating it in the High Court on a working day to such members as are present or can be found seven clear days before the day of the meeting in case of the annual general meeting and two clear days in case of other general meetings and after such fixation and circulation no meeting shall be called in question on the ground of improper service or non-service of the notice on any member or the insufficiency or impropriety of the time allowed or fixed by the notice, General meetings for the purpose of disposing of any urgent business may however be convened with shorter notice.
15.Quorum of Meeting :
Thirty members shall form a quorum for any General meeting of the Association including an extraordinary General meeting and four members for a meeting of the Executive Committee. If it is found that there is no quorum the meeting shall adjourn without transacting any business except fixing a date and time for the adjourned meeting and in the adjourned meeting no quorum will be necessary.
Except as hereinafter provided all questions at the meeting of the Association shall be decided by a majority of votes of members present and voting. The person presiding shall have a casting vote in case of a tie. Provided that no member who is in arrear of subscription for more than two months and is thus liable to be removed from the Roll of members, shall be entitled to participate and vote in any such meeting.
17.The decision arrived at a meeting shall be binding on all members of the Association. The Secretary or the Assistant Secretary shall keep a record of the proceedings of all general meetings of the Association. Such record shall be open to inspection by members of the Association only.
18. Amendment of rules and Regulations:
The Rules and Regulations shall not be amended, altered or, modified except by a majority of two thirds of the members present at a general meeting specially convened for the purpose.
(a) A member of the Executive Committee of the Association shall be especially in charge of the Library and shall look to the day to day maintenance of the Library and supervise the work of the Librarian.
(b) There shall be register of books containing separately the list of the reference books and the Law reports.
(c) Members requiring books for use In Court premises will get them on giving a receipt to the Librarian to be returned before the close of Court hours. No member shall be eligible to retain the books borrowed for more than a day or to remove the books from Court premises. Any member violating the present rule may be deprived of the right of using the Library by the Executive Committee for any specified period and shall be liable to pay a detention fee of Rs.O.25 ps per book for each of day of detention.
(d) Members shall not be allowed to mark, underline or spoil any book or the binding thereof. Any member so spoiling any book or the binding thereof or losing any book belonging to the Association Library shall be required by the Executive Committee to replace it.
(e) Any member failing to replace a book spoiled or lost or to return a book borrowed shall be liable to pay to this Association the costs of replacement and compensation to be determined by the Executive Committee. On failure to deposit the cost of replacement and compensation within a reasonable time to be fixed by the Executive Committee, the name of the defaulting member shall be liable to be removed from the Roll of Members and the Secretary may take legal steps to recover the amount due to the Association.
20. Properties of the Association:
No due who is not a member of the Association shall be entitled to use the furniture,stationery, books or other properties of the Association.
The Secretary authorized by the Executive Committee may sue or be sued or lake other legal proceedings on behalf of the Association.