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DELHI STATE BOOKSELLERS’ & PUBLISHERS’ ASSOCIATION

MEMORANDUM & RULES AND REGULATIONS OF ASSOCIATION

As amended upto 27th September 2017


NAME

1. The Name of the Society (herein after called the “Association”) is the DELHI STATE BOOKSELLERS & PUBLISHERS ASSOCIATION.

REGISTERED OFFICE

2. The Registered Office of the Association will be situated in the state of Delhi/National Capital Region and shall have jurisdiction with in the State of Delhi/National Capital Region. The Association is registered with the Registrar of Societies under No. 18031 of 1987 under Societies Registration Act 1860 (21 of 1860).

AIMS AND OBJECTS

3. The objects of the Association for which it is established and which shall extend to the whole of the State of Delhi/National Capital Region.

3.1 To take over the assets, properties and engagements of the present Registered Association is known as the “Delhi State Booksellers & Publishers Association”

3.2 To do anything which the Association may think necessary or desirable for production, promotion or sale of books, journals and other resources of knowledge.

3.3 To organize book fairs, participate in events, organizing conferences and do other desirable acts, leading to promotion and enhancement of knowledge, books and related resources.

3.4 To encourage the improvement of the educational and technical qualifications of members and their employees with the object of rendering better service to the community.


3.5 To promote and protect, by all lawful means the interests of the Publishers and Booksellers in relation to their business of supplying or dealing in books.

3.6 To improve and maintain the status of the book trade and its relations with other trades, public and government departments/agencies.

3.7 To cooperate for mutual benefit with other organizations concerned with the creation, production and distribution of books, journals and other resources on knowledge.

3.8 To use every lawful means to place and maintain the F-directory-17. indd 18 12/26/2017 6:21:05 PM Delhi State Booksellers’ & Publishers’ Association book-selling trade on a remunerative basis.

3.9 To take all lawful steps as shall appear necessary or appropriate to the Association to secure standard acceptable terms of supply.

3.10 To accept and form uniform rules and regulations and obtain standard terms in the field of publishing and book-selling for the benefit of public at large.

3.11 To create a healthy atmosphere for developing the distribution of books in the public interest which may be helpful for the development of the nation.

3.12 To disseminate information concerning books, libraries and reading rooms.

3.13 To promote fellow feeling among its members.

3.14 To raise funds by subscriptions, donations and by borrowing for achieving the objects if the Association upon such terms and such securities as may be determined.

3.15 To invest and deal with the funds of the Association not immediately required, upon such securities or investments, or otherwise, in such manner as may from time to time be determined.

3.16 To purchase, take on hire or lease, or otherwise acquire any movable or immovable property or any rights or privileges necessary or convenient for the purpose of the Association.


3.17 To sell, improve, manage, develop, lease, mortgage, dispose off, turn to account or otherwise deal with all or any part of the property of the Association, to contribute to any charitable or benevolent fund.

3.18 To build up a Library-cum Community Centre to spread literacy among all.

3.19 To encourage social and literary debates in the Schools, Colleges, Universities and Institutions.

3.20 To hold charitable camps for the poor and senior citizens.

3.21 To celebrate WORLD BOOK AND COPYRIGHT DAY and hold debates on importance of books and libraries for public.

3.22 To help the students in raising their standards of living.

3.23 To give away awards to students, teachers, librarians, public servants, Authors, Journalists and the Members at the Annual General Meeting of the Association in order to encourage their fields of activities.

3.24 To do all such other lawful actions which are necessary or conducive to the attainment of the above objects or any of them.

3.25 The income of the Association shall be utilized for achieving 3its objects.

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DELHI STATE BOOKSELLERS’ & PUBLISHERS’ ASSOCIATION

Memorandum of Association


NAME

1. The name of the Society (herein after called the “Association”) is the DELHI STATE BOOKSELLERS & PUBLISHERS ASSOCIATION.

MEMBERSHIP

2. Membership of the Association shall remain open to all Nationals, Individuals, Firms, Companies, associations of persons engaged in or connected with publishing, distribution, sale and promotion of books in the State of Delhi/National Capital Region provided that such persons are not purely engaged in printing only and each prospective applicant shall have a regular place of business, possessing a minimum stock of Rs. 100000/- in the form of books and carries on the business publishing, buying and selling of books, journals and other resources of knowledge as a regular profession and means of livelihood with the exception of Associate Members, online sellers. Such firms shall possess valid PAN (Income Tax).

There shall be the following classes of members:

2.1 Regular Members: This class of membership is open to all Indian Nationals, individuals, firms, companies, Association of persons as defined above.

2.2 Associate Members: This class of membership is open to all persons, individuals, firms, companies, Association of person who are engaged in a representative capacity, representing interests of foreign firms of publishers or booksellers in India. They shall have no right to vote to elect the Office Bearers. They can, however, be invited by the president in any meeting in an advisory capacity.

2.3 Honorary Members: This class of membership will consist of persons who are neither publisher/ bookseller nor involved in any other book trade activities, however, they are beneficial to the association by their experiences, activities and their advices. Such members will be appointed by the Executive Committee but will have no right to vote.


SUBSCRIPTION

3a. Regular Members: Such members on being selected shall pay a fee as decided by the Executive Committee from time to time.

3b. Every member shall pay the Association a yearly subscription as decided by the Executive Committee from time to time in advance in the first three months of the financial year starting from 1st April to 31st March. New Members will pay Rs. 2000/- towards entrance fee, and Rs. 2000/- as annual subscription.

Associate Members: The Executive Committee may accept Associate members. In that case the Annual Subscription shall be paid by such members as decided by the Executive Committee.

Honorary Members: The Executive Committee may appoint Honorary members but they will not pay any subscription.

3c. Late Payment Fine: A sum of Rs.100/- per month will be charged from all those members who do not pay subscription up to 30th June. If the Subscription is not received up to 30th Sept. the defaulting members may be dropped after referring to Executive Committee.

3d. Donation: The Executive Committee is fully authorized to accept donation from members and non-members towards the funds of the Association, which are exempted U/S 12-A read with 12AA of the Income Tax office. Also under section 80G of the Income Tax Act, 1961.

REFUSAL

4. Application for membership may be submitted to the Executive committee. The Committee shall have full power to approve or reject any application without assigning any reason. Their decision shall be final and binding.

EXPULSION

5.1 A member shall cease to be a member of the Association on his/her being adjudicated insolvent.

5.2 Any member whose subscription shall be three months in arrears and as per clause who does not pay such arrears within 15 days


after a written registered/recorded notice for such payment sent to him, shall not be entitled to attend, participate or vote and he shall be liable to have his name removed by the Executive Committee from the list of Members of the association without referring to the general body.

5.3 If any member do not conformed to the objectives, rules and regulations of the Association, or that the member is guilty of any conductthatreflectsonthe Associationinbadlightorseendetrimental to the Association or found making derogatory remarks/posts on social media, concerning the trade and the Association, the Executive Committee can call upon such Members to explain such conduct. On failure to give a satisfactory reply, The Executive Committee shall have the right to suspend privileges of such Member(s).

5.4 On the written complaints/request from its Members regarding non-payment of dues by another member/party, the Association is empowered to take up with the defaulter to explain his part as right to defend. The Association can facilitate settlement of the dispute on the merits of the case and persuade the defaulter to co-operate. However, if the defaulter does not fall in line and settle the matter, the Association may circulate the details of the defaulter among its Members, book trade and libraries and the defaulter would be expelled from the membership of the Association.

5.5 Resignation: Any member may withdraw from the Association by giving notice in writing to the President/Secretary of the Association 15 days before the expiration of the official year and shall be deemed to have ceased to be a member upon the expiration of such notice. In default of such notice not being given a Member shall be liable to pay his subscription for the ensuring period. He/ she will have to pay his subscription of all previous years as and when he/she applies for membership again.

GENERAL BODY MEETING AND ITS QUORUM

6.1 The election of the various Office Bearers of the Association will be held at the Annual General meeting within six months of the beginning of the financial year.

6.2 The Office Bearers will be elected by majority votes. Each regular member will be allowed to cast one vote only. Voting will be done by the secret ballot. Associate Members and Honorary Members will have no right to vote in such elections.


6.3 No Member firm will have more than one representative as an office bearer or a member of the Executive Committee.

6.4 The President and the Executive Committee may, whenever he or she think fit and the Executive committee shall in a requisition meeting made in writing by not less than 75 or 1/5th of the total number of members of the Association whichever is less, forthwith proceed to convene an Extraordinary General Body Meeting of the Association, and in the case of such requisition the following provisions shall have effect :-

a) The requisition shall state object of the meeting and shall be signed by the requisitioner.

b) If the Executive Committee does not proceed to convene a meeting to be held within 21 days from the date of the submission of such requisition, the requisitioner(s) or the majority of them may themselves convene the meeting but any such meeting so convened shall be held within three months from the date of such requisition.

c) Any meeting convened under this clause by the requistioner(s) shall be convened as early as possible in the same manner as that in which meetings are to be convened by the President of the Committee.

6.5 Fourteen days notice of every Annual General Body Meeting and ten days notice of every Extraordinary General Body Meeting specifying the place, date and hour of the meeting and in special business the general nature of such business shall be given to the Members.

6.6 All notices of General body Meeting shall be sent under recorded delivery and such notices shall be deemed to have been served. Non-receipt of any such notice to any Member shall not invalidate the proceeding at any general Body Meeting or any Resolution passed thereat.

6.7 The quorum for General body meeting shall be 75 Members or one fifth of the total number of Members on register, whichever is less.

6.8 If within half an hour of the time appointed for the meeting a quorum is not present, the meeting if convened on a requisition shall be dissolved but in any case, it shall stand adjourned for an hour to the same day and place and if at such adjourned meeting a quorum is not present, the members who are present shall form the quorum and may transact the business for which the meeting was called. Subject to this article, no business shall be transacted at any General Body Meeting unless the requisite quorum is present at the commencement of the business.


6.9 That a Member of the Association shall be a person who having been admitted there and according to the rules and regulations thereof, shall have paid the subscription and shall have signed the role on the list of Members and shall not have resigned in accordance with such rules and regulations. But in all proceedings no person shall be entitled to vote or to be counted as Member whose subscription at the time shall have been in arrears as provided.

6.10 The President shall have the power to invite persons who are not members of the Association to the General Body Meeting. Such persons can take part in the discussions but will have no vote.

EXECUTIVE COMMITTEE AND OFFICE BEARERS

7.1 The administration and management of the affairs and concerns of the Association shall be vested in the Executive Committee constituted as herein after provide subject to the control of the Association in General Body Meeting.

7.2 The office bearers of the association shall be the President, Vice- President, Immediate Past President, Secretary, Joint Secretary and the Treasurer. The functions of the Treasurer may be delegated to the Secretary if the Executive Committee so desires. (The office bearers must not be in arrears at any given time).

7.3 The Membership of the Executive Committee shall consist of

1. President

2. Vice-President

3. Immediate Past President

4. Secretary

5. Joint Secretary

6. Treasurer

Any Member who has served as a member of the Executive Committee for two years or has been a member of this Association for not less than 7 years can seek elections for the above posts. The President in consultation with the elected Office Bearers will form the Executive Committee of not more than 10% of the present strength. No office bearer will continue in the same post for more than two consecutive terms. Under the normal circumstances, the election for the Office Bearers is to be held every year. However, if the members of the Executive Committee feel that the Office Bearers are working satisfactorily andthe same team shouldcontinue forone more term. In such case the Executive Committee is empowered to decide accordingly and the election will be held once in two years. A member will be entitled to the Executive Committee only when he/she has completed at least one year as regular member and is not in arrears but elections will be held once in two years. Similarly, a member will be entitled to the Executive Committee only when he/she has completed at least one year as regular member and is not in arrears.


7.4 The Executive Committee shall have the power for Right to Recall any office bearer. If any office bearer contravened the provisions of the Association or is guilty of conduct detrimental to the interest or contrary to the objects of the Association, in such case the Executive Committee shall have the power for Right to recall. The persons who shall be so chosen shall hold office until the next Annual General Meeting.

7.5 If a member of the Executive committee, without informing the Secretary, about his absence does not attend three consecutive meetings of the Association without valid reasons, he shall be liable to cease to be a Member of the Committee.

7.6 One third of the Executive Committee including the office bearers shall be considered a quorum at all the Meetings of the Executive Committee.

7.7 The President will have the power to invite persons who are not members of the Executive Committee to the meeting of the Executive Committee. Such persons can take part in the discussions but will have no right to vote.

7.8 The President will have the power to appoint Legal Advisor/ Advocate with the approval of the Executive Committee, in case of legal advice on any issue or to file appeal/case in the court of law.


7.9 The Executive Committee shall have the power to appoint Sub- Committees to assist and advise it. The Sub-Committees shall not however, be empowered to act on behalf of the Association. No action likely to affect the interest of other Members of the Association shall be taken by a Sub- Committees without the specific sanction of the Executive Committee. The Sub-Committees will submit to the Executive Committee their recommendations for further consideration and approval.

7.10 While forming the Executive Committee after the elections, the newly elected President will have the power to invite the opponents, who got defeated to join the Executive Committee.

FINANCIAL

8. The financial year will be from 1st April and up to 31st March of the following year.

SOURCE OF INCOME

9. The income of the Association shall be derived from annual/special subscriptions, advertisements in the Directory of the Members, donations to the funds of the Association and such borrowing of money as may be determine by the Executive Committee from time to time etc. Donation are exempted by U/S 12-A read with 12AA of the Income Tax office.

BANK ACCOUNT OPERATION

10.1 The Bank Account will be operated jointly by any two office bearers

i.e. the President, Secretary and the Treasurer.

10.2 All the funds of the Association beyond the imprest money shall be deposited in the bank account of the Association.

10.3 The Treasurer is permitted imprest money up to Rs. 25000/-.

10.4a The Secretary shall have the power to spend Association funds not more than Rs. 25000/- during any one calendar month without the formal sanction of the Executive Committee.

10.4 b The president shall have the power to spend Association funds up to Rs. 50000/- in one calendar month without the formal sanction of the Executive Committee. Any expense beyond Rs. 50000/- should be incurred only after the prior approval of the Executive Committee.


10.5 The Treasurer shall submit account at the Annual general Meeting of the Association.

10.6 The account of the Association shall be audited annually.

ELECTIONS

11. The Election will be held once in two years in accordance with the provisions referred under the heads “General Body and its Quorum” and “Executive Committee and Office Bearers”

11.(a) Under the normal circumstances, the election for the Office Bearers is to be held every year. However, if the members of the Executive Committee feel that the Office Bearers are working satisfactorily and the same team should continue for one more term. In such case the Executive Committee is empowered to decide accordingly and the election will be held once in two years.

11.1 The following election procedure will be followed for election of the office-bearers, viz. President, Vice-President, Secretary, Joint Secretary & Treasurer.

11.2 Any member of the association wishing to nominate a member for election shall cause to be delivered in sealed cover at the office of the Association addressed to the Election Officer. All nomination duly sealed be recorded in serial-wise and be opened only in presence of Election Officer on or before the date fixed by the Executive Committee at least thirty days before the Annual General Meeting. A written notice signed by such members and stating the name of the member he wishes to nominate and countersigned by another member seconding the nomination will be required. Thereafter the Election Officer will scrutinize the nomination papers and no such nomination shall be valid where the member nominating or seconding of the nominee, is in arrears of the Association. The task of getting a written undertaking from the nominee to serve, if selected, will be performed by the Election Officer.

11.3 Other Members of the Executive Committee will be appointed by the President in consultation with the elected office bearers.

11.4 If nominees do not exceed vacancies: If nominations received are not more than the number of posts to be elected, the persons so nominated shall stand deemed to be duly elected from the close of the ensuing Annual General Meeting.


11.5 Withdrawals: If candidates nominated are more in number than the vacancies any candidate in excess of the number to be elected may withdraw or, with his consent, be withdrawn by the nomination 30 days before the election takes place. However, the Election Officer shall have the power to accept withdrawal on the floor of the house.

11.6 Cancellation of Candidature: The Election Officer will have the power to cancel the Candidature of any Candidate, in writing, in case it is found at any stage (before voting) that any candidate has given false information in his nomination form or any other unlawful act, which is beyond the control of Election Officer. However, an equal opportunity will be given to such candidate before cancelling his/ her candidature.

11.7 Canvassing in Elections by the Candidate: Every candidate can do the lawful canvassing among the members. However, no canvassing will be allowed within the forty eight hours of the election (including on the day of election).

ELECTION OFFICER

12. A Member of the Association who is not interested in becoming an office bearer or any eminent person, shall be appointed by the Executive Committee as Election Officer at least 60 days before the election dates is announced.

12a. The Executive Committee or the Election Officer can further appoint Assistant Election Officers for his/her assistance. The Elections Officer will have the complete power to take the help/advice of any other member of the Association (excluding the Candidates who are contesting elections). But the decision of the Election Officer will be final and binding on all Candidates and Members.

VOTING

13. At the General Body Meeting a resolution put to vote shall be decided by show of hands, unless a poll is demanded before or on the declaration of the result of the show of hands by 50 of the Members present or 1/5th of the total Membership of the Association, whichever is less. In the absence of a demand for Poll, a declaration by the President that resolution has been carried, on the basis show of hands, or carried unanimously, or by a particular majority, or lost and an entry to that effect in the book of the proceedings of the Association shall be conclusive evidence of the fact, without proof of the number of proportion of the votes recorded in favour of or against, that resolution. Only a regular Member who has paid his annual subscription up to date shall be entitled to vote. Any member who is in arrears is not entitled to vote at any meeting of the Association.


ANNUAL LIST

14. A Register of Members of the Association shall be maintained in which shall be set forth the name and addresses of Members and all changes in Membership form time to time taking place shall be recorded. A list of Members shall be prepared annually at the time of the Annual General Meeting and sent to Registrar of Societies Office annually as per section 4A of Societies Registration Act. A separate record of Associate Members will be kept.

POLL DULY DEMANDED

15. If a poll is duly demanded, voting will be done by secret ballot. The result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. For the purpose of poll, each regular member shall have one vote. Associate members are no entitled to vote.

CHAIRMAN/ ELECTION OFFICER CASTING VOTE

16. In case of any equality of votes, whether on a show of hands or on a poll, the Chairman/Election Officer of the meeting at which the show of hands takes place, or at which the poll is demanded, shall be entitled to a second or casting vote.

INVITED PERSONS/RESOLUTIONS

17. The President shall have the power to invite person who are not member of the Association to the General meeting. Such persons can take part in the discussion but will have no voting right. Any or all the proposals, if approved will be valid with immediate effect.

17a. Any resolution passed by General Body will become part of the constitution.

LEGAL PROCEEDINGS

18. Every member of the Executive Committee and all office bearers of the Association will be indemnified by the Association against expenses which any such member or office bearer may incur or become liable in the course of discharging his duties of his office. No such Member of the Association or office bearers shall be answerable for the acts, receipts, neglects or defaults of the other or either of them or for any bankers or other person with whom any money or effects, belonging to the Association shall or may be lodged or deposited in safe custody or for insufficiency or decency of any security upon which any money belonging to the Association shall be placed out or invested or for any other loss misfortune of damage which may happen in the execution of his respective office or in relation there to, unless the same shall happen by or through his own wilful act, neglect or default provided that no Member of the Association shall be liable personally to identify any Member of the Association or officer of the association who shall be entitled to indemnified out of the funds of the association but not otherwise.


AMENDMENT TO CONSTITUTION

19. The Constitution of the Association can be amended by the General Body in an Extraordinary General Meeting or Annual General meeting of the association.

DISSOLUTION

20. In case of dissolution of the association, if three shall remain, after the satisfaction of its debts and liabilities any property what so ever the same shall not be paid to or distributed amongst the Members of the Association or any of them but shall be given to some other association to be determined by the votes of not less than three fifths of the Members present personally or by proxy at the time of the dissolution or in default thereof, by the Competent Court.

MISCELLANEOUS

21.1 The Association is a Non-Profit sharing Association. The Income and Profit, if any, of the Association will be spent for the furtherance of the objects of the Association and no part of it will be distributed or divided amongst the members of the Association.

21.2 In case of a firm, the nominated principal proprietor, one of the Partners, Director or the duly authorized manager of the firm shall be considered empowered to exercise all rights and privileges of the firm/company as a Member of the Association.

21.3a. Every Member shall pay an entrance fee of Rs. 1,500/- and Rs. 2,000/- being annual subscription along with the application for Membership.

b. The Executive Committee shall have the power to arrange affiliation with kindred Association to further the cause and objectives of the Association.