4. THE OBJECTS OF DISTRICT BAR ASSOCIATION, BARASAT, NORTH 24 PARGANAS ARE:-

a) Primarily to safe guard the individual and collective interest of the Members of this Association and to up-hold and maintain the prestige, dignity and tradition of the Bar.
b) To take up any other objet or subject as the members of the Association may deem it necessary and proper for the welfare of the Association and its members.
6. ALL PLEADERS AND LAW GRADUATE Advocates usually practicing at Barasat Courts will be eligible to be members of the Association on payment of an admission fee of Rs. 151.00 ( Rupees One hundred fifty One ) or any other sum which the Members of this Association at Executive Meeting from time to time may fix. Provided also that the members of the Executive committee at a Meeting shall be entitled to refuse to enroll any person as a member of this Association, if the person applying for enrolment is found to be guilty of moral turpitude or was convicted in a criminal case for any period, Rigorous imprisonment within a period of one year next before the completion of the sentence: Reasons for any such refusal shall be recorded in the minutes books of the Association.
PROVIDED further that the person refused enrolment by the Executive Committee may prefer an appeal to the president of the District Bar Association within a period of 15 (fifteen) days from the date of refusal of enrolment by the Executive Committee and the president shall ask the General Secretary to call for an Extraordinary General Meeting of the members of the Bar Association and the decision taken in the Meeting shall be final and binding.
6.a) A MEMBER shall pay a subscription at a rate of Rs.8.00 ( Rupees eight ) only per month with effect from 1st January, 1991 or at any other rate which may be fixed from time to time by the Association in its General Meeting within the last day of the English Calendar month. If a member fails to pay monthly subscription consecutively for 3 (three) months his or her name shall be struck off from Roll of the Members of the Association. But if he or she applies to the General Secretary of the Executed committee within a period of 15 (fifteen) days from the date of his or her name was struck off his or her name may be re-enlisted if he or she pays a fine of Rs. 24.00 (rupees twenty four) only, provided further that if the members concerned can show sufficient causes for non-payment of the subscription fee to the Executive Committee, the Executive Committee may reconsider his/her case and restore his or her name on payment of a nominal fine of Rs. 8.00 (rupees eight )only. The Executive committee may however, waive such fine if sufficient cause is shown and prayer for such exemption is made by such member.
6.b) A MEMBER shall also pay @ Rs. 1 (one)Rupee per VAKALATNAMA or as may be fixed by the members of the Executive Committee at a Meeting or donation or contribution as VOKALATNAMA FEES, DEVELOPMENT fees, etc. for the best interest of the “Association”.
7) Failure of any member to pay the fees first under Rule 6 (b) will be deemed to be misconduct on the part of the member and disciplinary action may be taken against him by members at a General Meeting.
8) A MEMBER is liable to be suspended for his or her name to be removed by the Association for misconduct or for any other reason which amounts to serious breach of discipline, or moral turpitude or for any other misdemeanor and or unbecoming of a member likely to lower the prestige, dignity and status of the “ASSOCTATION” to be clearly indicated in the resolution for that purpose.
9) IN PROVISION to Rule 11 the word as “ Co Opt “ and after the last word “Elect” the following words be added :
“a member of the Association to fill the vacancy”.
10) MISCONDUCT MEANS:-
i) Violation of the Resolutions passed in any Meeting of the Executive committee.
Or
Ii) Any other acts as may be defined by the Executive Committee.
11) The Membership of this Association shall cease by Resignation, death or removal of name from the Roll of the members.
12) On the Cessation of the Membership, the Member concerned shall be permanently debarred from enjoying any benefit, or privilege of this Association.
13) From amongst the members of the “Association” there shall be one President, one Vice-President, One General Secretary, two Joint Secretaries and two Assistant Secretaries and a Treasurer as Office Bearers of this “Association”. There shall be an “EXECUTIVE COMMITTEE” which will consist of the office Bearers and five other members of the Association. The Office Bearers and five other members of the Executive Committee shall be elected by the members of the Association at the annual General Meeting.
PROVIDED that in case of any interim vacancy, the remaining members of the Executive Committee shall be entitled to co-opt any other duly qualified member in place of the vacant-post. In case of any vacancy of the office Bearers, the Association as a Special General Meeting shall elect a member of the Association to fill the vacancy.
PROVIDED further that in case of difference of opinion, the decision of the majority in all cases shall be final and binding.
14) The office Bearers and the members of the EXECUTIVE COMMITTEE shall be elected at the annual General Meeting of the Association to be held within the 31st January every year.
15) Any member who has practiced for at least 15 (fifteen) years and who is a member of this Association for at least 10 (ten) years shall be eligible for election as PRESIDENT, VICE- PRESIDENT OF THIS ASSOCIATTON.
16) Any member who has practiced for at least 10 (ten) years and is a member of this association for at least 8 (eight) years shall be eligible to BE elected as the GENERAL SECRETARY OF THIS “Association”.
PROVIDED further that no member shall seek reelection for the same post consecutively for more than two (two) terms in same post but she/he will have the right to seek election for any other post (than the post he/she held twice consecutively).
17. a) The President shall be head of the Association.
b) He shall, if present, preside over all meetings of the Association both formal and ceremonial matters concerning the Association.
18. The General Secretary subject to the provision of the President and control of the Executive Committee shall
a) Realise all dues of the Association from its members;
b) Maintain accounts of receipts and expenditures;
c) Call meetings of the Association viz-ordinary, Extraordinary, Special, Annual;
d) Keep the minutes of the proceedings of the Association;
e) Appoint, Dismiss, or Punish the Clerks if any, or the servants of the Association subject to the approval of the Executive Committee;
f) Be in-charge of all the assets of the “Association”;
g) Keep and maintain books, registers and allied permanent records;
h) Deposit and operate on Bank Account for and on behalf of the Association. All money of the Association shall be deposited in the Savings Bank Account provided that he shall be entitled to retain in his hand the maximum amount of Rs. 100.00(Rupees one hundred) only as contigent Cash;
i) Pay wages of the clerk, servants and meet all other “Disbursements”;
j) Carry on all correspondence and prepare BUDGET, Execute the resolution of the Executive Meeting;
k) Comply with all directions and resolutions of the “Association”;
l) Conduct and manage all affairs of the Association in general;
m) Enroll new members subject to the approval of the Executive Committee;
n) In absence of the General Secretary one of the Joint Secretaries shall perform all duties of the General Secretary as may be decided by the Executive Committee;
o) The duties shown in clause 21 and 23 of the Constitution should be divided by the members of the Executive Committee on the first day of the Executive Committee meeting of the newly elected committee.
Similarly the duties of the Assistant Secretaries as laid down in clause 23 would be divided by the Executive Committee. Members shall be under obligation to get affixed the seal of the District Bar Library VOKALATNAMA against the payment of Rs. 1.00 (Rupees one) and in case of failure of any member to comply with the terms given above for three times in Calendar year it will be considered a misconduct on the part of the said members and will be dealt with as per provisions of Sub-clause (b) of the Clause 6 of the Constitution of Bar Association.
19. A candidate seeking election shall deposit a non-refundable amount each for the posts written below with the nomination form which will be supplied by the Election Commissioner.
President, Vice President and Secretary :- Rs. 25.00 (Rupees twenty five) only and for each post and rest Rs. 10.00 (Rupees ten) only each, in case of non-payment, the candidature form shall be rejected but the deposited amount shall in no case be refunded.
NEW CLAUSE INSERTED:
20. The Votes will be taken by secret ballot by putting cross mark (X) against the name of chosen CANDIDATE. No member is entitled to propose or second more than one candidate.
21. The JOINT SECRETARY/SECRETARIES subject to the supervision and control of the Executive Committee shall:-
a. Be in charge of the Library;
b. Maintain registrars and catalogs of books;
c. Select and purchase all necessary law books and journals both Civil and Criminal.
d. Supervise, issue and return of books and journals;
e. Prepare schemes of development of the Library and its stock of books.
22. The “TREASURER” subject to the supervision of the “GENERAL SECRETARY” and control of the “EXECUTIVE COMMITTEE” shall :-
a. Maintain day to day books of accounts, receipts and expenditure of the “Association”;
b. Place accounts of the Association before the Executive Committee in every meeting when asked for by the Secretary;
c. Get the accounts of this Association guided by the appointed “AUDITOR” at the end of the year.
23. The Assistant Secretaries subject to the supervision and control of the Executive Committee shall :-
a. Assist the General Secretary and Joint Secretaries;
b. Realise the Vokalatnama collections and other allied collections;
c. Shall keep and maintain accounts of such collection and deposit collected amounts to the treasurer day to day.
24. An “AUDITOR” shall be appointed annually by the Members of the Association in the Association in the ANNUAL GENERAL MEETING of the Association from amongst the members.
25. The Executive Committee shall:-
a. Have the General Power of the Supervision and control over the management of the affairs of the Association;
b. Formulate or revise the policies of the Association subject to the approval of the members of the Association;
c. Scrutinize and prepare the Budget for the next year and Accounts of the closing year to be placed in the ANNUAL GENERAL MEETING of the Association.
d. Meet at least once in a month.
26. The meeting of the Association shall be ordinary, Extra-ordinary, special, annual or on requisition:-
a. Ordinary meeting shall be held once in a quarter or as often as may be necessary;
b. Extra-Ordinary meeting will be held for emergent business only;
c. Special meeting may be held for special purpose only;
d. Annual meeting shall be held before the 31st day of January, every year for the Election of “OOFICE BEARERS AND MEMBERS” of the Executive Committee and for consideration of the accounts together with the Secretaries report and Audit report;
e. Requisition meeting will be held on the requisition of 1/4th (one fourth) number of members on the roll of the Association for the purpose stated herein.
27. PERIOD OF NOTICE:-
a. For ordinary meetings, three days;
b. For an extra ordinary meeting, one hour in course of the day;
c. For annual or special meetings, seven days;
d. For requisition meeting, two days;
e. For executive meeting, three days.
28. Q U O R A M:-
a. 1/3rd (one third) of the members in an ordinary meetings;
b. 1/4th (one fourth) of the members of the extra ordinary meeting;
c. 1/2nd (one half) of the members in an annual requisition meeting;
d. 1/2nd (one half) of the members in the special meeting.
Meeting having failed for want of Quoram shall be adjourned, no quoram will be necessary in an adjourned meeting.
29. PRESIDENT OF MEETING:-
a. President shall always preside on all Meetings. In case of his absence the Vice-President shall preside;
b. In case of absence of both the resident and Vice-President, a President for the meeting shall be “ELECTED” from among the members present for transacting the business of the meeting;
c. A qualified voter means and includes a member who is not a “Defaulter” in payment of his monthly subscription for three months. And the member must be on the roll for the last 4 (four) months before the date of election is declared;
d. On and from the date of Declaration of results the Elected Office Bearers and the Members shall function as members of the Executive Committee up till the next election;
e. The Vice-President shall be in-charge of the General Election of the Executive Committee. He will scrutinize the list of Voters to be prepared by the General Secretary and he shall countersign the same before its publication.
30. As soon as the Executive Committee is formed the outgoing General Secretary shall make over all charges including books of accounts etc., of the association to the incoming General Secretary not later than 7 (seven) days from date of formation of the new committee.
31. ALL MATTERS Shall be decided by majority of Votes of the members present in the meeting. In case of Equal Votes the matter shall be decided by the CASTING VOTES of the President of the Meeting.
32. The Executive Committee shall have power to frame “Rules” for the smooth working of the Association subject to the approval of members at a Special General Meetings.
33. The “ASSOCIATION” shall have power to add to modify, frame, amend or delete any of the “PROVISIONS” of this “CONSTITUTION” in a SPECIAL MEETING convened for the purpose.
ELECTION RULES:- FOR ELECTION OF THE MEMBERS OF THE EXECUTIVE COMMITTEE OF THE DISTRICT BAR ASSOCIATION, BARASAT, NORTH 24 PARGANAS.
34. The election of the re-constitution of the Executive Committee (Managing Committee/Working Committee) of the District Bar Association, North 24 Parganas at Barasat would be held not later than the 31st day of January of the qualified members of the Association.
35. The date of election will be notified an one (1) month before the date of election.
36. Final voter list has to be published three weeks before the date of election.
37. The Executive Committee (Managing Committee) will select one Election Commissioner for making all arrangement for the election. The Commissioner must be amongst the qualified members but must not be for election in any office bearer post.
38. The Election Commissioner will also select two (2) qualified member to assist the Election Commissioner in holding the Election.
39. Member seeking Election must submit nomination papers 7 (seven) days before the date of Election to the Election Commissioner within 4.30 P.M. on any working day fixed for submission of nomination papers. Candidates seeking election shall deposit a non-refundable amount for the post written below with the nomination paper supplied by the Election Commissioner.
Nomination fee for (i) President, (ii) Vice President, (iii) Secretary :-Rs. 25/- (Rupees twenty five) only Each.
Nomination Fee for other posts:- Rs. 10/- (Rupees ten) only each.
In case of non-payment (deposit) for the nomination fee the nomination form (candidates form) shall be rejected but the deposited amount shall in no case be refunded.
40. Each candidate for nomination must be proposed by qualified member/voter and seconded (supported) by two qualified member/voter for each post.
41. Candidates may withdraw his or her candidature/nomination papers before the date of scrutiny.
42. Nominations papers will be scrutinized by the election commissioner with the help of two Assistants as selected by him on the day fixed by the election commissioner 3 (three) days before the date of election but per Specific rules mentioned above the fees deposited by his or her shall not be refunded.
43. Final list of candidates must be published 7 (seven) days before the date of election. A candidate may withdraw his/her candidature within 3 (three) days before the date of Election. But as per specific rules the fees deposited by him/her shall not be refunded.
44. Election will be held under the supervision of the Vice President of the Bar Association.
45. The Annual General Meeting for holding the Election will be presided over by the Election Commissioner.
46. Election will be held by secret ballot by putting cross(X) mark within against the name of chosen candidate. No member is entitled to propose or second more than one candidate.
47. Ballot papers will be counted by the “Election Commissioner” with the help of two Assistance and if necessary with other members to be elected by the Election Commissioner in the presence of the candidates and their agents.
48. The results of Election will be announced immediately after the counting of the Ballot papers publicly in the same sitting.

S/D Dilip Kumar Bagchi
President
(15.12.1990)