CCICI Rules and Regulations
Membership
The membership of the association is of two types, Individual and Institutional. For each type there are different categories of membership:
- Founder member
- Life member
- Ordinary member
- Honorary member
The institutional membership fee depends of the types of institutions:
- Large Enterprise
- Educational Institution
- Startup
- Government Body
The Governing Board will have the power to recommend changes from time to time, but no sooner than within a year, and General Body will have the authority to change the membership subscription – provided the decision is approved by a minimum of two thirds of memberships in person or through suitably specified e-voting.
In addition to the above, all members can be charged a nominal sum as processing fee at the time of admission or each time the member seeks fresh admission. This amount shall be as fixed by the Governing Board and shall not be revised within three years.
Any person or institution whose interests are considered relevant to Cloud Computing, as decided by the Governing Board by a simple majority, and aged above 18 years in the case of Individual membership and a registered institution in India in respect of Institutional membership, will be allowed to become a member of the association. All the members of the association, except for the honourary members, individual or institutional, are eligible to vote and contest to become a Member in the respective or general category of Membership of the Governing Board in the General Body Meeting. Other professional bodies or government or non-governmental agencies but not commercial agencies within India or abroad, whose activities and area of interest are shared and valued by the association as mutually beneficial and are not inimical to the interests of the association can be invited by the Governing Board to become honorary members, but they shall not enjoy any voting rights. Such Membership can be withdrawn by the Governing Board any time without specifying any reasons.
If the subscription of the member is in arrears for more than three months without satisfactory explanation to the Secretary, his/her name will be removed and the Governing Board may reconsider his/her application for readmission of membership.
The termination of membership may be on the death, the member acting against the objects of the association, unsound mind and other reasons stated by Governing Board. Members shall not be entitled for any refund of membership fees paid till the time of termination, on any account.
All members, except honorary members, may take part in the proceedings of the General Meeting. Only such members who have completed a minimum period of six months as members shall exercise their vote.
A person desirous of becoming a member of the association shall apply to the Secretary in the form of application prescribed by the Governing Board. These can be in normal printed form or through electronic means as prescribed by the Governing Board. The application will be signed by the applicant and his signature will be attested by at least one member of the association whose name is standing on the rolls of members. Electronic ways of appending such signatures shall also be as specified by the Governing Board.
A person desirous of becoming a member of the association shall apply to the Secretary in the form of application prescribed by the Governing Board. These can be in normal printed form or through electronic means as prescribed by the Governing Board. The application will be signed by the applicant and his signature will be attested by at least one member of the association whose name is standing on the rolls of members. Electronic ways of appending such signatures shall also be as specified by the Governing Board.
The Governing Board will have the absolute discretion to accept or reject any application for membership without assigning any reason for refusal or acceptance. If any application is refused, the amount paid by him/her/the institution along with the application will be refunded to him/her/ the institution forthwith.
The Governing Board will have the power to admit, without any application, any person as honorary member if he is holding high position in the society or profession and it will be thought fit in the interest of the association to be associated with him/her/the institution. Such a member will not be liable to pay any subscription but will have all the rights of any other member, except voting rights.
Every two years, at the Annual General Body Meeting, the general body shall elect a member as President who shall be Chairman of the Governing Board and will hold office till another Chairman is elected and whose duty will be to preside at all General Body Meetings of the association.
General Body and other Meetings
The first annual General Body Meeting shall be held within eighteen months of the registration of the association. The next annual General Body Meeting shall be held within nine months after the expiry of the year in which the first annual General Body Meeting was held; and thereafter an annual General Body Meeting shall be held within nine months after the expiry of each year.
The report of the management of the previous year’s working and the audited accounts for the one year and the next proceeding year shall be discussed and submitted for confirmation.
A Governing Board consisting of a maximum of eighteen members but not less than twelve members shall be elected in the Annual General Body Meeting once in two years.
The Secretary, with the consent of the President, may call for a General Body Meeting for which twenty one days’ notice shall be given to the members.
The Governing Board shall normally meet once in three months for which the Secretary shall give notice of seven days to the members.
Voting shall be conducted by show of hands or Secret Ballot. Acceptable electronic ways of participation in meetings and voting shall be specified by the President.
Twenty one days’ clear notice for the annual General Body Meeting and twenty one days’ notice for the special General Body Meeting shall be given. The subject matter to be discussed shall be stated in the notice.
Special General Body Meeting
A special general body meeting may be convened at any time on the requisition of the President or on the requisition of not less than one-third of the number of members of the Governing Board or one-tenth of the total number of members of the association, entitled to vote who shall state in writing or through acceptable electronic means the business for which they wish the meeting to be convened.
The Governing Board shall, within ten days from the date of the receipt of the requisition, proceed duly to call a meeting for the consideration of the business stated on a day not later than forty days from the date of the receipt of the requisition.
Quorum
The quorum of the General Body Meeting shall be 2/3rd membership of the association or 25 members whichever is lower.
Accounts
The official year of the association shall be from 1st April to 31st March.
The assets and liabilities, the balance sheet of the association shall be laid before the Annual General Body Meeting for confirmation.
A list of the names, addresses and occupations of the members of the Governing Board and a copy of the balance sheet and income and expenditure account duly audited shall be filed with the Registrar on or before the fourteenth day succeeding the date of annual General Body Meeting of the association.
If, for any sufficient reason, the association has not filed the above mentioned details before the due date, it may make an application to the Registrar of Societies to condone the delay and permit to file the records. The Registrar may if he is satisfied that there are sufficient reasons for the delay in filing such records, condone the delay and permit the association to file such records subject to payment of fine as may be prescribed and where no sufficient reasons are shown, he may after giving an opportunity of being heard to the association reject the application and return such records to the association.
Where the association has failed to file such records for a consecutive period of five years, the Registrar, may after giving a reasonable opportunity of being heard to the association, by an order cancel the registration of such association and direct dissolution of the association.
There shall be maintenance of accounts of the association. A chartered accountant shall duly audit the accounts. The accounts shall be closed by 31st March every year.
Auditor
An auditor shall be appointed annually and the remuneration shall be fixed the members in the annual General Body Meeting.
Investment
The funds of the association shall be invested in the following modes as specified under Section 11(5) of the Income Tax Act, 1961.
- Investment in savings certificates as defined in clause (c) of section 2 of the Government Savings Certificates Act, 1959 and any other securities or certificates issued by the Central Government under the Small Savings Schemes of that Government;
- Deposit in any account with the Post Office Savings Bank;
- Deposit in any account with a scheduled bank or a co-operative association engaged in carrying on the business of banking (including a co-operative land mortgage bank or a co-operative land development bank).
- Investment in units of the Unit Trust of India established under the Unit Trust of India Act, 1963.
- Investment in any security for money created and issued by the Central Government or a State Government.
- Investment in debentures issued by, or on behalf of, any company or corporation both the principal whereof and the interest whereon are fully and unconditionally guaranteed by the Central Government or by a State Government;
- Investment or deposit in any public sector company.
- Deposits with or investment in any bonds issued by a financial corporation which is engaged in providing long-term finance for industrial development in India and which is approved by the Central Government.
- Deposits with or investment in any bonds issued by a public company formed and registered in India with the main object of carrying on the business of providing long term finance for construction or purchase of houses in India for residential purposes and which is approved by the Central Government.
- Investment in immovable property.
- Deposits with the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964.
- Any other form or mode of investment or deposit as may be prescribed from time to time by Income tax authority.
Governing Board
The Governing Board shall be entitled to exercise all such powers and to do all such acts and things as association is authorized to exercise or to do provided that, the Governing Board shall not exercise any power or do any act or thing which is contrary to the specific directions or resolution of the General Body of the association or contrary to or inconsistent with the objects and Rules and Regulation of the association.
Without prejudice to the generality of the powers, the Governing Board shall have the following powers and authorities.
- To ensure and promote the primary aims and objectives of the association.
- To maintain regular accounts and the accounts of the each year and to get the accounts audited by auditors of the association.
- To publish annual reports/ accounts.
- To operate funds and manage the property of the association and to present the duly audited accounts at annual General Body Meeting.
- In the event of any office bearer laying down office for whatever reasons, the Governing Board can co-opt any member considered suitable for the office for the remaining period of the tenure or till elections are held.
- To ensure utilization of income towards promoting the objectives of the association.
- May decide to expel a member of Governing Board or member of the association in case anyone is convicted of any criminal offence, or prove insanity or any member’s action in contravention to the byelaws.
- To accept from Government, Non-Government, Local Bodies, Societies, NRI, Banks(Nationalized/Co-operative)and individuals Grants, Donations, Loans, Subscriptions or any property movable or Immovable for furtherance of the objectives of the association.
- At any meeting of the Governing Board each member present, physically or through acceptable means of electronic presence, will have one vote except the President who shall have in addition a casting vote. Voting may be rising of hands or secret ballot or electronic vote as appropriate.
- To ensure that all monetary transactions are to further the objectives of the association.
- Governing Board shall have power to appeals and raise funds and fulfill any formalities incumbent upon it.
- Governing Board may appoint a committee, sub-committee with such powers deemed fit by this body for the purpose commensurate with objectives. The committee, the subcommittee may co-opt persons over members of the association.
- Governing Board may invite to their meetings not more than two specialists/ experts who may be non-members of the association whose presence is considered useful to the deliberations.
- To open bank account in the name of the association in nationalized/cooperative/ cooperative bank, private financial institutions and operated by Secretary jointly with the Treasurer of the association.
- Governing Board shall arrange for the publication in any manner the association journal, documents as may be considered fit in the furtherance of its objectives.
- To make the rules and bylaws and get approved.
- To acquire or purchase or take on lease, hire or by gift or otherwise and hold any movable or immovable property or properties or any right or privileges that may be deemed necessary or useful for the advancement of the objects of the association.
- The Governing Board shall not admit members during the last three months of its tenure.
- To engage any manager, clerks or other servants and to fix and pay their salaries and other emoluments and to remove them as and when required.
The Governing Board shall include four office bearers namely, President, Vice President, Secretary and Treasurer, as Members.
All the members of the Governing Board will be elected by the general body, once in two years, at the Annual General Body Meeting. The Board so elected shall hold office till another Board has been duly elected by the General Body.
Four days prior notice shall be given for a meeting in writing to all members of the Governing Board. In urgent cases, the President shall have the power to convene a meeting at shorter notice.
Every question before the Governing Board will be decided by a majority of the votes of the members present (in person or thro’ acceptable electronic means) 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 Governing Board may also be transacted by circulation of papers or through electronic means. Any decision obtained on a circular will be placed before the next meeting of the Governing Board.
Executive Powers of the Governing Board
The administration and management of the association shall vest in the Governing Board consisting of 12-18 members including President, Vice President, Secretary, Treasurer and Governing Board members of the association.
President:
- He/ She shall be overall in charge of the association and the General body meetings. All the policies and programs shall be formulated and implemented only through him/her in consultation with Governing Board.
Vice President:
- He/she shall assist President in general; in the absence of the President he/shall assume the charge of President.
Secretary:
- He/ she shall call for all meetings of the general body as and when deemed necessary and the General Body Meeting and the special body meetings as per the rules with previous approval of Chairman and maintain the record of all proceedings of all meetings book.
- He/she shall keep a correct and up-to-date list of members of the association.
- He/she shall also make and preserve minutes of every General Body Meeting and of every meeting of the Governing Board. It will be their duty to issue all notices and to conduct the correspondence etc.
- He/she shall be the correspondent of the association and shall be in charge of the office with all the records of the association. He/ she shall file with registrar of societies Bangalore relevant records of the association for every year within stipulated time-frame.
Treasurer:
- He/ she shall receive and disburse the funds of the association.
- He/ she shall assist general secretary in general; in the absence of the general secretary he/she shall assume the charge of the general secretary.
- He/ she keep accounts of all receipts and disbursements up to-date, to collect the dues of the association and duly to account for all moneys received and to pay in the same to the credit of the association’s account in such bank or banks as the Governing Board may direct.
- He/she shall be the custodian of all articles and belongings both movable and immovable property of the association.
The Governing Board Members
The Board shall consist of members elected as follows:
- Three Members (reserved for election from Institutional Members)
- Three Members (reserved for election from Individual Members)
- Other Members (A minimum of two and a maximum of five elected members from among all individual and institutional members)
- Honorary Members (zero to three members invited by Governing Board)
- Board members will participate in meetings of the Board and will join the office bearers while arriving at decisions in such meeting.
Elections
Any member who is desirous of standing for the election as a member to the Governing Board shall be member of the association for at least 12 months prior to the date of nomination.
Any vacancy that may arise in the Governing Board may be filled in by the remaining committee members.
Any member of the Governing Board being absent for three successive meetings without proper cause shall cease to be a member of the Governing Board.
The Governing Board in its meeting shall consider the entire question effecting business that may be of interest to the members of the association and they shall inform and circulate any information, which may be of use to the members.
General
The benefits of the association shall be open to all irrespective of the caste, creed or religion.
The Funds and the income of the association shall be solely utilized for the achievement of the objectives and no portion of it shall be utilized for payments to the members by way of profit, interest and dividends.
For the matters, which have not been specified, provided to therein above, the provisions of the K.S.R. Act 1960 and the rules made thereunder shall apply.
Amendments
No amendment to the Memorandum of association, Rules and regulations of the association shall be made which may prove to be repugnant to the provisions of Sec2(15),11,12,13 and 80G of the Income Tax Act,1961 as amended from time to time. Further no amendment shall be carried out without the prior approval of the commissioner of Income Tax.
Alteration or Amendment of the Memorandum of Association
Whenever it shall appear to the Governing Board, the Governing Board may submit the proposition to the members of the association in a written or printed report or acceptable electronic means, and may convene a special General Body Meeting for the consideration thereof according to the rules and regulations of the association.
No such proposition shall be deemed to have been approved unless such report has been delivered or sent by post or acceptable electronic means to every member of the association twenty-one days previous to the date of the special general meeting convened by the governing body for the consideration thereof, and unless such proposition shall have been agreed to by the votes cast in favor of the proposition by members who being entitled so to do, vote in person, or where proxies are allowed, by proxy, and such votes are not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting and confirmed by a similar majority of votes at a second special general meeting convened by the governing body after an interval of thirty days after the former meeting.
Every change in the memorandum of the association shall be filed with the Registrar of Societies within thirty days from the date of making thereof and the Registrar may if he is satisfied that the change is in accordance with the provisions of this Act and the rules made there under register such change. Such change shall not have effect until it has been so registered.
If the Registrar refuses to register a change in the memorandum of the association an appeal shall be filed within sixty days from the date of communication of his refusal to register the change.
Change of Name, Rules and Regulations
The name and the rules and regulations of the association may be amended by a resolution passed at a special general meeting convened for the purpose of which written or printed or acceptable electronic means notice shall have been delivered or sent by post or acceptable electronic means to every member of the association twenty-one days previous to the date of the special general meeting.
The resolution proposing the amendment shall be passed by the votes cast in favor of the resolution by members who being entitled so to do, vote in person or where proxies are allowed, by proxy, and such votes shall not be less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting.
Every amendment name, rules and regulation shall, within thirty days from date of such amendment, be filed with the Registrar of Societies, Karnataka government and if the Registrar of Societies is satisfied that the amendment is in accordance with the provisions of this Act and the rules made thereunder, shall register it. Such amendment shall have effect only after it is so registered.
If the Registrar of Societies refuses to register such amendment an appeal shall lie to the Karnataka Appellate Tribunal within sixty days from the date of communication of his refusal to register the amendment.
Dissolution of Association
Not less than three-fourths of the members of the association may determine that it shall be dissolved at a special general meeting convened for the purpose.
All necessary steps shall be taken for the disposal and settlement of the property of the association as the Governing Board shall find expedient, provided that, in the event of any dispute arising among the said governing body or the members of the association, the adjustment of its affairs shall be referred to the principal court of original civil jurisdiction of the district in which the registered office of the association is situated; and the court shall make such order in the matter as it shall deem requisite.
If upon the dissolution of the association, there shall remain, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the association or any of them, but shall be given to some other association or association, to be determined by the votes of not less than three-fifths of the members present personally or where proxies are allowed, by proxy at the time of the dissolution, or in default thereof, by the principal civil court of original jurisdiction of the district.
The members of the association can determine by a majority of the votes, either personally or where proxies are allowed, by proxy, at the time of dissolution of such association that any property whatsoever remaining after the satisfaction of all its debts and liabilities shall be given to the State Government to be utilized for any of the purposes referred to in section 3 of Karnataka Societies Registration Act.
Amalgamation of the Association
Whenever it shall appear to the governing board of the association that it is advisable to amalgamate such association, either wholly or partially with any other association or association, such governing board may submit the proposition to the members of the association in a written or printed report or acceptable electronic means, and may convene a special general meeting for the consideration thereof.
No such proposition shall be deemed to have been approved unless such report shall have been delivered or sent by post or such electronic means approved by the Governing Board to every member of the association, twenty-one days prior to the date of such special general meeting and unless such proposition shall have been agreed to by the votes, cast in favour of the proposition by members who being entitled so to do, vote in person, or where proxies are allowed, by proxy, or approved electronic means and such votes are not less than three times the number of votes, if any, cast against the resolution by members so entitled and voting and confirmed by a similar majority of votes at a second special general meeting convened by the governing body after an interval of thirty days after the former meeting.