Rules And Regulations

The area of operation of the Association shall be the entire Union of India.

The Office of the Association will be in the city of Mumbai at such address as may be fixed by the Managing Committee from time to time.

The official year of the Association for the purpose of accounts shall commence on the 1st day of April and end on the 31st day of March of each Christian Calendar year.

• The membership of the Association will be open to all the manufacturers of welding consumables, equipments, automation products and systems, cutting products and accessories having manufacturing base in India and also to its group / associate Company but subject to what is provided in these rules.
• For the purpose of classification of membership and for payment of subscription fees, the turnover from manufacturing / trading [in case of group / associate Companies of holding Companies having manufacturing base in India, as stated in Para 5(a) above] in India will only be considered.
• All applicants desirous of becoming a member of the Association shall apply to the Hon. Secretary in the form of application prescribed by the Managing Committee. The application will be signed by the applicant's authorized signatory and his/her signature will be attested by atleast one member of the Association, whose name is standing on the roll of members and who is a member atleast for a year on the date of such application.
• The application for membership shall be accompanied by the requisite fee mentioning the following:
  • The class of membership in which the applicant desires to be a member i.e a Founder Member or Ordinary Member as described in 5 (g) enumerated hereinafter
  • Category of membership on the .basis of the annual sales
  • The name of the member/s being nominated
  • The nominee/s of the member company will continue to be a representative of the Association as long as the nominee is in the employment of the member company. On cessation of the employment, with the member company, the nominee will cease to be a member of the Association and the member company will have to give a fresh nomination to the Association
• The Managing Committee will have the absolute discretion to accept or reject all applications for membership without assigning any reason for refusal or acceptance. The acceptance of the application for Membership by the Managing Comrnittee will be unanimous with no members dissenting. If any application is refused, the amount paid by the Company along with the application will be refunded forthwith.
• There will not be any membership / entrance fees for the founder members, who will also constitute the first Managing Committee.
• All the subsequent (new) members will be considered as Ordinary Members and will be charged membership / entrance fee equal to the annual subscription. That means in the year of joining the new members will pay twice the amount of applicable subscription i.e. as entrance fee and annual membership fee irrespective of date of joining.

The annual subscription fees will be as follows:

# All the members will have equal voting rights.

• If a member's subscription remains in arrears for more than one year and is not paid within a month from the date of issue of a notice in 'writing, requesting payment, such defaulting member shall forthwith cease to be a member of the Association.
• Any member who ceases to be a member of the Association may be readmitted on payment of all the arrears, at the discretion of the Managing Committee.

A member of the Association is liable to be expelled in the following circumstances

• If he is a persistent defaulter,
• If he willfully /intentionally deceives the Association by false statement / mis-statement,
• If he becomes an undischarged insolvent and legally disabled,
• If he is criminally convicted,
• If he willfully / intentionally does any act or conducts himself in a manner which is subversive of the objects of the Association or detrimental to its interest or reputation

In any case he shall be given an opportunity by the Managing Committee to explain his conduct and if after an enquiry by the Managing Committee he is found guilty, then upon a resolution being so passed by the General Body, he shall be removed from the Membership Register. Pending decision of the General Body on any such reference by the Managing Committee, the Committee shall have power to suspend a member from exercising his rights and privileges.

Each member shall communicate from time to time to the Hon. Secretary the address to which notices to him may be sent and all notices sent to such address will be considered as duly delivered.

• The General Body of the Association will consist of all the members on the roll. Any disputes arising between the Members and / or any other party with respect to the Management & Affairs of the Association shall be subject to the jurisdiction of Mumbai Courts
• At every biennial Annual General Meeting the General Body shall elect the Managing Committee of the Association
• The Managing Committee, from amongst its Members shall elect its Office Bearers viz., Chairman, Vice-Chairman, Hon. Secretary and Hon. Treasurer

• The Managing Committee shall be entitled to exercise all such powers and to do all such acts and things as the Association is authorised to exercise or to do provided that, the Managing Committee shall not exercise any power or do any act or thing which is contrary to the specific direction or resolutions of the General body of the Association or contrary to or inconsistent with the objects and the Rules and Regulations of Association
• Without prejudice to the generality of the powers of the Managing Committee as mentioned above the Managing Committee shall have the following powers and authorities
  1. To do all activities for carrying out the objects of the Association
  2. To do all acts and things as are thought fit and proper by the Managing Committee to carry out the objects of the Association
  3. To acquire any moveable or immoveable property either by purchase or on lease or tenancy or on hire or gift or donation at such consideration and on such terms and conditions as the Managing Committee may think fit
  4. To sell or give on lease any immoveable or moveable property of the Association at such consideration and on such conditions as the Managing Committee may think fit provided that no immoveable property will be sold or given on lease for a period exceeding 20 years without the prior approval of the General Body and prior permission of the Charity Commissioner
  5. To borrow any moneys required for the purposes of the Association including the purchase or taking on hire or lease of any property moveable or immoveable or construction of any building or other structure and to borrow such moneys either by accepting fixed deposits for any duration or issuing debentures or mortgaging or charging any property of the Association provided that no immoveable property of the Association shall be mortgaged without the approval of the General Body of the Association
  6. To accept gifts or donations in money or kind or service or any immoveable property on such terms and conditions as the Managing Committee may think fit and proper provided such conditions are not contrary to or inconsistent with the objects of the Association
  7. To give donations or gifts or help in money or kind to any person or Association deserving such donation gift or help provided that, no gift or help or donation involving money / money's worth exceeding Rs.1000/ will be given without the approval of the General Body of the Association
  8. To enter into any contracts or agreements with any person or company or body of persons for the purpose of carrying out any of the objects or activities of the Association or in connection with the properties or affairs of the Association
  9. To execute any documents to be executed by or in favour of the Association
  10. To take any legal proceedings required to be taken in the interest of the Association or to defend any legal proceedings taken against the Association and for that purpose to authorise any member of the Managing Committee to sign and file plaints, written statements, affidavits, petitions and other papers or documents as may be required to ibe signed and filed in any court of law or other judicial or other authority
  11. To maintain regular accounts and prepare Balance Sheet and Income & Expenditure Account of each year and to get the accounts audited by auditors of the Association
  12. To engage any manager, clerks or other servants and to fix and pay their salaries and emoluments and to remove them as and when required
  13. To control and manage all the funds and properties of the Association and create Reserve funds/ Sinking fund and such other funds as the Managing Committee may think fit and proper
  14. To represent the Association in all matters and generally to do all acts and take all steps and proceedings as may be necessary for the proper management of the Association and carrying out its aims and objects
• The Managing Committee Of the Association will consist of:
  • Chairman
  • Vice-Chairman
  • Hon. Secretary
  • Hon.Treasurer
  • Seven Managing Committee Members

  Total No. of members in the Managing Committee will be Eleven with a combination of founder members and Ordinary (new members), as may be decided.

• All the members of the Managing Committee will be elected by the General Body at the biennial General Meeting.
• The elections of the said members shall be held under the supervision and direction of the Chairman of the Meeting and all questions arising in connection therewith shall be decided by him
• Members proposed for election to the Managing Committee at the biennial General Meeting should have been members of the Association for a continuous period of at lea'st one year before the date of the meeting of the General Body and should have paid their subscriptions upto date.
• Nomination for election to the Committee should be duly proposed and seconded by two members of the Association and should be signed by the proposed member in token of his willingness to serve on the Committee, if elected, should reach the Hon. Secretary at least 5 days before the date of the Annual General Meeting. Provided that, if only eleven or less than eleven nominations are received, the persons whose nominations are so received shall be declared elected to the Managing Committee and in case of less than eleven members being so elected the remaining seats of the Managing Committee will be elected in that General Meeting itself if the names of any candidates present at the meeting are proposed and seconded by any of the members present at the meeting. If no such proposals for the election of the remaining posts are made and all the eleven members of the Managing Committee are not elected in the meeting then the remaining seats can be filled in by appointment by the elected members of the Managing Committee in the ensuing meeting of the Managing Committee notwithstanding anything contained in Rule 12 to the contrary.
• It will be the duty of outgoing Hon. Secretary to convene the first meeting of the Managing Committee within 14 days of the date of the General Meeting electing the said Committee
• The Managing Committee will at its first meeting elect from amongst themselves a Chairman, Vice-Chairman, Hon. Secretary, Hon. Treasurer and 7 Managing Committee Members

The Committee so elected shall hold office for a period of 2 years or till another Committee has been duly elected by the General Body.

• The Managing Committee will meet at least once in two months, or often, if necessary, on being summoned by the Chairman or by the Hon. Secretaries or on a requisition to the Secretaries signed by at least 3 members of the Managing Committee other than the office bearers
• Fourteen clear days' advance notice of a meeting shall be given in writing to all members of the Managing Committee. In urgent cases the Chairman shall have the power to convene a meeting at shorter notice
• The Chairman will chair all meetings of the Managing Committee. Should the Chairman be absent, the Vice-Chairman or in his absence any other member elected by the members present will chair the meetings
• The quorum for a meeting of the Managing Committee shall be 5 members
• Every question before the Managing Committee will be decided by a majority of the votes of the members present and voting on the question, the member- presiding having a second or casting vote in all cases of an equality of votes
• The business of the Managing Committee may also be transacted by circulation of papers. Any' decision obtained on a circular will be placed before the next meeting of the Managing Committee
• If a member of the Managing Committee remains absent for three consecutive ordinary meetings of the Committee without the permission of the Managing Committee his seat may be declared vacant and the Managing Committee may in such a case fill the vacancy by co-opting any other eligible member
• All vacancies in the Managing Committee upto a maximum of five caused by physical incapacity / death / resignation or cessation of membership of the Association for any reason whatsoever during the period of office may similarly be filled by co-option
• The Managing Committee, shall have the power to appoint one or more sub-committees from among its own members and/or from among other members of the Association for the purpose of facilitating business and to assign all or some of its duties and powers to such sub-committees

• The Chairman shall chair all the General Meetings and meetings of the Managing Committee. In the absence of the Chairman, the Vice Chairman will chair all such meetings.
  The Chairman shall have the power of using casting vote, whenever situation warrants.
• The Hon. Secretary shall keep a correct and upto-date list of members of the Association. They shall also make and preserve minutes of every general meeting and of every meeting of the Managing Committee and of its sub-committees in-separate books. It will be their duty to issue all notices and to conduct the- correspondence etc. They will also be respon­sible for the care and custody of the Association's assets.
• It will be the duty of the Hon. Treasurer to keep accounts of all receipts and disbursements up to-date, to collect the dues of the Association and to duly account for all monies received and to pay in the same to the credit of the Association's account in such bank or banks as the Managing Committee may direct. It shall further be the duty of the Hon. Treasurer to. cause to be prepared and,to lay before the Managing Committee at its meeting the following statements:
  • an account, current receipts and disbursements during the previous months;
  • a list of subscription overdue;
  • the bank pass-books and pay-in-slips duly filled up.

  The Chairman of the Meeting will duly check and countersign such statements

• All books, files etc. maintained by the Hon. Secretary and the Hon. Treasurer will be the property of the Association and will be kept as a record

• The banking account or accounts of the Association will stand in the name of the Association or in such name as the Association / Association may hereafter bear
• All cheques drawn on behalf of the Association will be signed by any two of the following: the Chairman, the Hon. Secretary, and the Hon. Treasurer or if two office-bearers are not available to sign the cheques, by anyone of the above and by one of the two members of the Managing Committee duly appointed by the Committee in that regard.

• The Annual General Meeting of the Association shall be held within 3 months from the end of the Financial Year of the Association
• The following business will be transacted at such General Meetings:
  • Reading and confirming minutes of the proceedings of the previous meeting and noting'action taken thereon;
  • Adoption of the Report of the Managing Committee for the preceding year
  • Consideration and adoption of the Auditors Report and Statement of the Audited Accounts for the preceding year
  • The election of the Members of the Managing Committee as per Rule 12 (d)
  • Appointment of Auditors and fixing their remuneration
  • Any other business specified in the agenda of the Meeting of which notice has been received from any member not later than 7 days before the date of the Meeting
• Ten clear days' notice shall be given in writing by the Hon. Secretary to members before holding the Annual General Meeting. Such notjce sha.ll be accompanied by an agenda of the business to be transacted. Non-receipt of any notice by any member shall not invalidate a meeting so long as such notice is served by the Association upon any member either personally or by post addressed to his/her last address recorded in the Association's Register
• A Special Meeting of the General Body shall be convened by the Hon. Secretary:
  • on a resolution to tfyat effect by the Managing Committee or
  • on a requisition signed by at least one-third of the total number of members on the roll of the Association and delivered to the Hon. Secretary, whereupon such meeting shall be held within 6 weeks of the date of receipt of such requisition
• The notice of such Special Meeting shall comply with the provisions of Rule 16 (c) so far as they may be applicable and in case of Rule 16 (d) (ii) above the agenda shall specify the items set out in such requisition
• At any General Meeting whether Annual or Special the Chairman or in his absence the Vice-Chairman present or in the absence of the Vice-Chairman, a Chairman elected at the meeting from among those present shall chair the meeting and shall have a casting or second vote. The person who takes the chair at such meetings shall continue to chair till the end of the meeting despite the election of a new Chairman for the ensuing period
• The quorum for a General Meeting, Annual or Special, will be 7 so long as the number of members does not exceed 100, otherwise one-tenth of the number of members on the roll
• If within fifteen minutes of the time specified for any ordinary meeting of the General Body no quorum is formed the business of the meeting shall be transacted at the adjourned meeting which may be held at the same place and on the same date after a quarter of an hour. Any adjourned meeting can transact business for which it was called without the necessary quorum
• In case of a Special Meeting of the General Body convened under Rule 16 (d) on a requisition the meeting shall be considered dissolved if no quorum is formed within' 30 minutes from the scheduled hour of the meeting

• No new Rule or alteration1 in the Rules of the Association shall be made unless notice thereof has been given to the members at least 10 days before the meeting and unless it has been carried by a majority of not less than two thirds of the members present at any meeting of the General Body
• The Managing Committee shall have power from time to time, to make and alter bye-laws not inconsistent with these Rules. Such bye-laws must be immediately entered into the official copy of the Rules of the Association which should be open for inspection on request by any member

Any amendments to the name and objects of the Association, if required / found necessary or obligatory will be made in accordance with the provisions of Section 12 of the Societies Registration Act, 1860.

The accounts of the Association shall be audited every year by Auditors appointed by the General Body at the Annual General Meeting. The auditors' report together with the remarks if any of the Managing Committee thereon shall be placed before the next Annual General Meeting.

Any vacancy in the office of Auditors occurring during the year will be filled in by the Managing Committee

Every officer for the time being of the Association shall be indemnified out of the funds of the Association against all losses and expenses incurred in the discharge of his duties except such as shall, happen through his own willful negligence or default and each one shall be chargeable only for such money as he shall himself actually receive in the discharge of the business of the Association and each one shall be answerable only for his own acts, negligence or defaults and not for those of any other person nor for the insufficiency of any security or other money payable to the Association nor for any loss or damage which may happen in the discharge of his duties unless, the same shall happen through his own willful neglect or default.

At any time, if it is found that the affairs of the Association cannot be carried on either because it.has survived its usefulness or because sufficient support is not forthcoming or for any other reason, the Managing Committee may by a majority of two-thirds of its members, recommend the winding up of the Association at its General Meeting specifically called for that purpose. The Association shall not be wound up save by a clear majority of two- thirds of its members present and voting at the Special General Meeting. The Association shall be wound up whether forthwith or within such time, then agreed upon as prescribed u/s 13 c the Societies Registration Act, 1860. Should it be decided to wind up as aforesai its property shall not be paid to or distributed among, its members but shall V. given' -to »S0tf!flfri othe,r Association having similar objects or to any charitab Association to be determined by the votes bf n®t"less than two-thirds of tliyre,sent at a meeting called for that purpose.

These Rules shall come into force and operation with effect from that date of t General Meeting at which they are considered and passed.