memorandum & articles of association and …

76
MEMORANDUM & ARTICLES OF ASSOCIATION AND ELECTION BYE-LAWS ISO 9001 : 2015 Federation of Indian Export Organisations (set up by Ministry of Commerce, Govt. of India) Niryat Bhawan, Rao Tula Ram Marg Opp. Army Hospital Research & Referral, New Delhi-110 057 Phone : 46042222, 26150101-04; Fax : 91-11-26148194 Website : http://www.fieo.org * E-mail : [email protected]; [email protected] 11 th Re-print March2019

Upload: others

Post on 18-Nov-2021

9 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page i

MEMORANDUM & ARTICLES

OF ASSOCIATION AND

ELECTION BYE-LAWS

ISO 9001 : 2015

Federation of Indian Export Organisations (set up by Ministry of Commerce, Govt. of India)

Niryat Bhawan, Rao Tula Ram Marg Opp. Army Hospital Research & Referral, New Delhi-110 057

Phone : 46042222, 26150101-04; Fax : 91-11-26148194 Website : http://www.fieo.org * E-mail : [email protected]; [email protected]

11

th Re-print – March’2019

Page 2: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page ii

1st Reprint March, 1967

2nd

Reprint September, 1978

3rd

Reprint January, 1981

4th

Reprint June, 1983

5th

Reprint September, 1986

6th

Reprint July, 1998

7th

Reprint July, 2004

(Amended as on 22.11.2003)

(Amended as on 20.11.2007)

(Amended as on 29.12.2008)

8th

Reprint June, 2010

(Amended as on 24.10.2009)

9th

Reprint October, 2012

(Amended as on 28.09.2012)

10th

Reprint November, 2015

(Amended as on 26.03.2016)

(Amended as on 06.01.2017)

11th

Reprint February, 2018

(Amended as on 02.02.2018)

(Amended as on 20.09.2018)

(Amended as on 25.03.2019)

Bankers

CANARA BANK AXIS BANK LIMITED

HAUZ KHAS MARKET 29cc, BASANT LOK COMPLEX

NEW DELHI-110 016 VASANT VIHAR

NEW DELHI-110 057

Page 3: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page iii

CERTIFICATE OF REGISTRATION UNDER SOCIETIES REGISTRATION ACT XXI OF 1860, (PUNJAB AMENDMENT) ACT, 1957 AS EXTENDED TO THE

UNION TERRITORY OF DELHI

No.S-2670 of 1964-65 I hereby certify that FEDERATION OF INDIAN EXPORT

ORGANISATIONS has this day been registered under the Societies

Registration Act XXI of 1860 (Punjab Amendment) Act, 1957, as

extended to the Union Territory of Delhi.

Given under my hand at DELHI this NINETEENTH day of

February, One Thousand Nine Hundred and SIXTY FIVE. Fee

Rs.50.00 paid.

Sd/- (M.Zubair) REGISTRAR OF SOCIETIES, DELHI Seal REGISTRAR OF SOCIETIES DELHI

Page 4: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page iv

CONTENTS ---------------------------------------------------------------------------------------------------------------------

DESCRIPTION WITH ARTICLE & CLAUSE NO. PAGE NO.

---------------------------------------------------------------------------------------------------------------------

INTRODUCTION 1 - 4

MEMORANDUM OF ASSOCIATION

OBJECTIVES & FORMATION 7 - 11

I ARTICLES OF RULES & REGULATIONS 13 - 52

CHAPTER-1

PRELIMINARY

1. SHORT TITLE 13

2. REGISTRATION, REGISTERED OFFICE AND WEB ADDRESS 13

3. DEFINITIONS 13 - 15

4. WORDS DEFINED IN THE ACT 15

5. GENERAL CLAUSES ACT TO APPLY 15

6. SCOPE OF THE ARTICLE 15

7. JURISDICTION 15

CHAPTER-2

MEMBERS

8. CATEGORIES OF MEMBERS 16

9. ELIGIBILITY FOR MEMBERSHIP 16 - 17

CHAPTER-3

MEMBERSHIP

10. APPLICATION FOR MEMBERSHIP 18

11. EFFECTIVE DATE OF MEMBERSHIP 18

12. MEMBERSHIP SUBSCRIPTION FEE 18 - 19

13. LIABILITY TO PAY ARREAR 19

Page 5: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page v

---------------------------------------------------------------------------------------------------------------------

DESCRIPTION WITH ARTICLE & CLAUSE NO.

PAGE NO.

---------------------------------------------------------------------------------------------------------------------

CHAPTER-4

RIGHTS AND PRIVILEGES OF MEMBER

14. RIGHTS AND PRIVILEGES OF ORDINARY MEMBER 20

15. RIGHTS AND PRIVILEGES OF ASSOCIATE MEMBER 20

16. RIGHTS AND PRIVILEGES OF REGISTERED MEMBER/OTHERS 20 - 21

17. RIGHTS AND PRIVILEGES OF CO-OPTED MEMBER 21

CHAPTER-5

DISQUALIFICATION, SUSPENSION AND CESSATION OF MEMBERSHIP

18. DISQUALIFIED MEMBER 22

19. SUSPENSION BY THE PRESIDENT OR THE VICE-PRESIDENT 22

20. SUSPENSION BY THE MANAGING COMMITTEE 22

21. CESSATION OF MEMBERSHIP 22 - 23

22. SUSPENSION OF PRIVILEGES OF DISQUALIFIED MEMBER 23

CHAPTER-6

VOTING RIGHTS

23. VOTING RIGHTS 24

24. OBJECTION AND DECLARATION OF RESULT 24

CHAPTER-7

ANNUAL GENERAL MEETING AND EXTRAORDINARY GENERAL

MEETING OF THE FEDERATION

25. ANNUAL GENERAL MEETING 25

26. ANNUAL GENERAL MEETING 25

27. EXTRA-ORDINARY GENERAL MEETING 25

28. REQUISITION FOR EXTRAORDINARY GENERAL MEETING 25 - 26

29. NOTICE OF MEETINGS 26 - 27

30. SERVICE OF NOTICE 27

31. NOTICES BY ADVERTISEMENT IN A NEWSPAPER 27

Page 6: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page vi

---------------------------------------------------------------------------------------------------------------------

DESCRIPTION WITH ARTICLE & CLAUSE NO. PAGE NO.

---------------------------------------------------------------------------------------------------------------------

32. NON-RECEIPT OF NOTICE 27

33. CHAIRMAN OF THE MEETING 27 - 28

34. VENUE 28

35. QUORUM 28

36. ADJOURNMENT FOR WANT OF QUORUM 28

37. ADJOURNMENT 28 - 29

38. VOTING ON RESOLUTION 29

39. MINUTES CONCLUSIVE 29

40. MANNER OF KEEPING MINUTES 29

CHAPTER-8

THE MANAGING COMMITTEE

41. COMPOSITION 30

42. WOMAN REPRESENTATIVE 30

43. FUNCTIONS OF THE MANAGING COMMITTEE 31

44. POWERS OF THE MANAGING COMMITTEE 31 - 32

45. ADDITIONAL POWERS AND FUNCTIONS 32

46. REMUNERATION 32

47. TERMS OF OFFICE OF MANAGING COMMITTEE MEMBERS 32

48. YEAR FOR COMPUTATION OF TERM 33

49. RETIREMENT OF ASSOCIATE MEMBER 33

50. ELECTION OF MEMBERS OF THE MANAGING COMMITTEE 33

51. RE-ELECTION 33

52. MEMBERS ENTITLED TO ATTEND THE MEETING 34

53. CASUAL VACANCIES 34

54. DISQUALIFIED FROM THE MANAGING COMMITTEE 34

55. CESSATION OF MEMBERSHIP OF THE MANAGING COMMITTEE: 34 - 35

GENERAL

Page 7: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page vii

56. CESSATION OF MEMBERSHIP OF THE MANAGING COMMITTEE: 35 - 36

ON ACCOUNT OF NPA

57. PROCEDURE OF THE MANAGING COMMITTEE MEETING 36

58. NOTICE OF MEETING 36

59. QUORUM AND ADJOURNMENT 36 - 37

60. VOTE 37

61. NO PROXY 37

62. RECORDS OPEN FOR EXAMINATION 37

63. RESOLUTION BY CIRCULATION 37

64. OTHERS 37

65. POWER TO PRESCRIBE FORMS ETC. 38

66. FIRST MANAGING COMMITTEE 38 - 39

CHAPTER-9

REGIONAL OFFICE, CHAPTER AND THE REGIONAL CHAIRMAN

67. REGION 40

68. REGIONAL OFFICE 40 - 41

69. CHAPTER 41

70. REGIONAL CHAIRMAN 41

71. DESIGNATION 42

72. REGIONAL COMMITTEES 42

73. FUNCTIONS OF REGIONAL COMMITTEE 42

CHAPTER-10

PRESIDENT AND VICE-PRESIDENT

74. PRESIDENT 43

75. TERM OF THE PRESIDENT 43

76. QUALIFICATION FOR THE PRESIDENT 43

77. ELECTION AND RE-ELECTION OF PRESIDENT 43

78. CONTINUATION IN OFFICE 44

79. CASUAL VACANCY 44

Page 8: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page viii

---------------------------------------------------------------------------------------------------------------------

DESCRIPTION WITH ARTICLE & CLAUSE NO.

PAGE NO.

---------------------------------------------------------------------------------------------------------------------

80. AUTOMATIC VACATION OF OFFICE 44

81. VICE PRESIDENT 44

82. TERM OF THE VICE PRESIDENT 44

83. QUALIFICATION FOR THE VICE PRESIDENT 44 - 45

84. OTHERS 45

85. CASUAL VACANCY 45

86. PRESIDENT AND VICE PRESIDENT WOULD REPRESENT 45

DIFFERENT REGIONS

87. ELECTION FOR ONE POST ONLY 45

88. REMOVAL OF PRESIDENT/ VICE-PRESIDENT 45

CHAPTER-11

AMENDMENT

89. AMENDMENT 46

CHAPTER-12

SECRETARIAT

90. DIRECTOR GENERAL AND CHIEF EXECUTIVE OFFICER 47

91. OFFICERS & EMPLOYEES 48

CHAPTER-13

FINANCE AND ACCOUNTS

92. BOOKS OF ACCOUNTS 49

93. KEEPING OF BOOKS OF ACCOUNTS 49

94. BOOKS OF ACCOUNTS OPEN FOR INSPECTION 49

95. BUDGET 49 - 50

96. EXPENDITURE 50

97. BALANCE SHEET AND REPORT 50

98. CUSTODY, DISBURSEMENT AND INVESTMENT OF FUNDS 50

Page 9: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page ix

---------------------------------------------------------------------------------------------------------------------

DESCRIPTION WITH ARTICLE & CLAUSE NO. PAGE NO.

---------------------------------------------------------------------------------------------------------------------

CHAPTER-14

MISCELLANEOUS

99. MISCELLANEOUS 51

100. POWERS OF THE GOVERNMENT\ 51 - 52

II. ELECTION BYE-LAWS 54 - 62 PART-I

GENERAL

1. PERSON ENTITLED TO VOTE 54

2. PERSON ENTITLED TO CONTEST 54

3. CUT-OFF DATE FOR SUBSCRIPTION TO VOTE/ CONTEST 55

4. REGION OF A MEMBER 55

5. DUAL CATEGORY RCMC 55

6. NOTICE FOR ELECTION AND VOTER LIST 55

7. DEBARMENT 55 - 56

8. RETURNING OFFICER 56

9. SCRUTINY COMMITTEE: 56

PART-II

ELECTION TO THE MANAGING COMMITTEE

10. ELECTION 57

11. NUMBER, QUALIFICATIONS AND ELECTORATE 57 - 58

FOR THE MANAGING COMMITTEE ELECTION

12. ASSOCIATE MEMBER TO SUBMIT VALID RECOGNITION 58

CERTIFICATE

13. VOTER LIST 58

14. NOMINATION OF WOMAN REPRESENTATIVE 58

15. PROCEDURE FOR ELECTIONS TO MANAGING COMMITTEE 59 - 60

16. WEB BASED ELECTION FOR MANAGING COMMITTEE MEMBERS 60

Page 10: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-Laws of FIEO Page x

---------------------------------------------------------------------------------------------------------------------

DESCRIPTION WITH ARTICLE & CLAUSE NO. PAGE NO.

---------------------------------------------------------------------------------------------------------------------

17. COUNTING OF VOTE AND DECLARATION OF RESULT 60

PART-III

ELECTIONS OF THE PRESIDENT/VICE PRESIDENT

18. ELECTORAL COLLEGE 61

19. CANDIDATE AND PROPOSER 61

20. OTHERS 61

21. DEPOSIT 61

22. DATE, VENUE AND PROCESS OF ELECTION 62

LETTER OF AUTHORITY (FORM-I) 63

NOMINATION FORM (FORM-II) 64 - 65

E-BALLOT (FORM-III) 66

*********

Page 11: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 1

INTRODUCTION

BACKGROUND AND HISTORY

1. Various agencies and authorities have been established for export promotion. It includes

the Advisory Bodies like the Export-Import Advisory Council, the Board of Trade, the

Regional Export Promotion Advisory Committees, the State Export Promotion

Committees or Boards in certain States and Advisory Committees/Panels. A number of

private trade bodies, on the pattern of Chamber of Commerce, with the broad and

exclusive objective to assist the Indian exporters for the promotion of exports of group of

commodities have also been set up at the initiative of Government of India. These are

called Export Promotion Councils which are run and managed by the exporters subject to

broad guidelines issued by the Central Government from time to time. The Government

has no role to play and does not provide any financial grant for the day to day

administration of the Export Promotion Council. In addition, various statutory bodies

which are generally referred to as the Commodity Board, Export Development Authority,

were set up by the Government of India under special Act of Parliament with the broad

objective to promote the domestic production and exports of specified

commodities/products. The Export Promotion Council and the Commodity Board, Export

Development Authority are duly recognised and finds a mention in the Handbook of

Procedures, Vol-1 notified by the Director General of Foreign Trade (http://dgft.gov.in/)

Government of India under the power derived from the Foreign Trade Policy which in

itself is notified by the central government under the power derived from the Foreign

Trade (Development & Regulation) Act 19921. The Export Promotion Councils and the

Commodity Boards, Export Development Authorities are conferred power by the

Director General of Foreign Trade under the Handbook of Procedures to act as

Registering Authority to register importer/ exporters as its member by issuing

Registration-cum-Membership Certificate (RCMC)

The Export Promotion Councils and the Commodity Boards, Export Development

Authorities have succeeded in a large measure in developing the exports of non-

traditional goods, maintaining and expanding the export of traditional goods and in

opening of new markets for Indian exports. The services generally rendered by Export

1 The list of the duly recognised Export Promotion Council and the Commodity Board, Export

Development Authority, their address and contact details are available at Appendix-2T of the Handbook of Procedures, 2015-20 Vol.-1 notified by the Director General of Foreign Trade. The Foreign Trade Policy and the accompanying Handbook of Procedures is generally notified and issued at the interval of five years. However, yearly updated volume is issued at the beginning of each financial

year.

Page 12: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 2

Promotion Councils and the Commodity Boards, Export Development Authorities to the

export trade are :-

(i) Guiding the new-comers to export trade by giving advice on different markets,

furnishing the names of importers in those markets, advising them about shipping

procedure, etc;

(ii) Sponsoring delegations to visit foreign countries to explore markets for Indian

products and to forge business contacts;

(iii) Undertaking market studies and furnishing the results thereof to the trade; also

facilitating contacts between the Indian exporters and foreign importers by

publishing Directories and other literature pertaining to the industry and trade;

(iv) Undertaking publicity through exhibitions, showrooms, bulletins and other media

of publicity;

(v) Securing samples from overseas markets of similar goods competing with Indian

goods preferred by foreign consumers and exhibiting them to manufacturers in the

country so as to enable them to produce goods of similar variety for export;

(vi) Deputing overseas officers of the Councils to witness the survey of goods

exported from India where such survey has been necessitated as a result of a

dispute or difference between the Indian exporters and the foreign importers;

(vii) Persuading Indian exporters and the foreign buyers to avail themselves, wherever

feasible, of the facilities in regard to quality control;

(viii) Helping the settlement of commercial disputes; and

(ix) Serving as a link between the exporting interests and Government and public

bodies, and making appropriate representations to Government, etc, on behalf of

exporters.

2. In addition, the problems of export have also received the attention of Chambers and

Associations, such as the Apex Chambers, the Regional Chambers, the All-India

Exporters Chambers, etc.

3. Some specialized institutions have also come into being to serve the cause of exports.

ECGC Limited2 (https://www.ecgc.in) wholly owned by Government of India, was set

up in 1957 with the objective of promoting exports from the country by providing Credit

Risk Insurance and related services for exports. ECGC is essentially an export promotion

organization, seeking to improve the competitiveness of the Indian exporters by

providing them with credit insurance covers.

.2

Formerly Export Credit Guarantee Corporation of India Ltd

Page 13: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 3

The Indian Institute of Foreign Trade (IIFT) (http://tedu.iift.ac.in/iift/index.php) was

set up in 1963 by the Government of India as an autonomous organisation to help

professionalise the country's foreign trade management and increase exports by

developing human resources, analysing and disseminating data and conducting research.

The India Trade Promotion Organisation (ITPO) (http://indiatradefair.com) the

premier trade promotion agency of the Ministry of Commerce & Industry, Govt. of India

is committed to showcase excellence achieved by the country in diverse fields especially

trade and commerce. ITPO provides a wide spectrum of services to trade and industry

and acts as a catalyst for growth of India's trade. ITPO approves holding of international

trade fairs in India and regulates holding of various expositions in India primarily to

avoid any duplication of efforts while ensuring proper timing. It manages India's world

class exhibition complex, known as Pragati Maidan, spread over 123 acres of prime land

in the heart of India's capital.

The State Trading Corporation of India Ltd. (STC) (http://www.stclimited.co.in/) is a

premier International trading company of the Government of India set up in 1956,

engaged primarily in exports and imports operations. As part of its export development

effort, STC extend technical, marketing and financial assistance to exporters by arranging

import of machinery and raw material for export production, setting up design centres,

providing testing laboratories, taking products of small manufacturers to overseas

markets by organising their consortia, participation in exhibitions and trade fairs, etc.

MMTC Limited3 (http://mmtclimited.com/) is the largest international trading company

in India with focus on “bulk” as core competency for product lines like minerals, metals

and precious metals. It also promote development of trade-related infrastructure and

provide support services to the medium and small scale sectors

4. The need for the apex organization of all institutions connected with export, to

supplement and to co-ordinate the efforts of the existing Export Promotion Councils and

other organizations, has been felt for a long time and has been discussed in joint meetings

of Export Promotion Councils on various occasions. In November 1964, a meeting

convened by the Ministry of Commerce was held in New Delhi, attended by

representatives of the Federation of Indian Chambers of Commerce and Industry, the

Associated Chambers of Commerce and Industry, the All-India Exporters‟ Chambers,

other Regional Chambers, Commodity Associations like the Indian Jute Mills

Association and the Indian Sugar Mills Association, the Export Promotion Councils,

Commodity Boards and other agencies and institutions concerned with exports. The

meeting was unanimously of the view that a Federation of Indian Export Organisations

should be set up as a Society registered under the Societies Registration Act in order to

co-ordinate the export promotion efforts of its constituent members to provide common

3 Formerly Minerals and Metals Trading Corporation Ltd

Page 14: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 4

services and facilities for the benefit of exports and export organizations, and to serve

generally as a common forum of the national export promotion effort. It was further

decided that the membership of the Federation should be open to all Export Promotion

Councils, Commodity Boards, Chambers of Commerce, Trade Associations and other

institutions engaged in promotion of exports. Provision was also to be made for

enrolment of individuals or persons interested or actually engaged in export, as associate-

members.

5. In accordance with the above recommendations, the Federation of Indian Export

Organisations (FIEO) was set up and registered as a Society under the Societies

Registration Act, 1860, with its Headquarters and registered office at New Delhi with the

objectives as given herein. FIEO is the apex body of the organisations like the Export

Promotion Councils, the Commodity Boards, Export Development Authorities, Trade

Associations who are its members. In addition, big exporters, recognised by the

Directorate General of Foreign Trade, for their outstanding export performances,

generally referred to as the status holders, are also members of FIEO.

Page 15: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 5

MEMORANDUM OF

ASSOCIATION

Page 16: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 6

OBJECTIVES

&

FORMATIONS

Page 17: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 7

MEMORANDUM & ARTICLE OF ASSOCIATION

OBJECTIVES & FORMATION

1. The name of the Society is “Federation of Indian Export Organisations”, (hereinafter called

the “Federation”).

2. The registered office of the Federation will be situated in the National Capital Territory of

Delhi.

3. The objects for which the Federation is established are the following:

(i) To play the role of an apex Chamber for promotion and development of the export

trade of India;

(ii) To co-ordinate all promotional & developmental activities pertaining to export and

import related to export trade of constituent members of the Federation;

(iii) To undertake and promote studies in furtherance of the objectives of the Federation,

and to exchange international trade delegations with countries desirous of promoting

trade with India;

(iv) To sponsor and undertake commodity and market surveys and collect and disseminate

commercial intelligence;

(v) To undertake publicity and to participate in, and organize trade fairs and exhibitions;

(vi) To open offices, trade and design centres and showrooms and to recruit necessary

personnel to man such establishments, appoint representatives, agents or

correspondents, in India and abroad;

(vii) To prepare, print and publish papers, periodicals or reports and to organize lectures,

conferences and seminars;

(viii) To provide common services for the benefit of exporters, consultancy firms and service

providers, and export organizations, and to act generally as the forum of export

promotion; and, in particular to provide international market access to its members; and

promote E-Commerce and Bar Coding;

(ix) To provide facilities for settlement of disputes arising in the course of foreign trade;

(x) To advise or to represent to the Central and State Governments, local authorities and

other public bodies on all matters relating to country‟s export trade;

(xi) To become a member of, or otherwise to cooperate and associate with, such other

organizations whose objects are similar to those of the Federation;

(xii) To grant awards to persons and institutions for such outstanding contribution made by

them which are relatable to the objects of the Federation;

Page 18: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 8

(xiii) To receive subscription and to accept grant of money, securities, endowments, and

property of any kind from Central and State Governments and other public or private

organizations and individuals, on such terms as may seem expedient;

(xiv) To acquire, by gift, purchase, exchange, lease, licence, hire, relinquishment or

howsoever any property movable or immovable which may be necessary or convenient

for the purpose of the Federation and to build, construct, improve, alter, demolish and

repair such buildings, works and constructions as may be necessary for carrying out the

objects of the Federation;

(xv) To sell, lease, exchange, hire or otherwise transfer all or any portion of the property,

movable and immovable of the Federation, and to make loans, grants and donations in

furtherance of the objects of the Federation;

(xvi) To invest and deal with any moneys and securities of the Federation which are not

immediately required for any of its activities, in such manner as may be considered

expedient or deemed fit subject, however, to the rules and regulations of the Federation

for the time being in force;

(xvii) To draw, make, accept, endorse and discount cheques, notes or other negotiable

instruments for the purpose of the Federation;

(xviii) To create Reserve Fund, Insurance Fund, Provident Fund or any other Special Fund,

whether for depreciation or for repairs, or for improving, extending or maintaining any

of the properties or rights of the Federation or for recoupment of wasting assets, for the

benefit of the employees of the Federation and for any other purpose which the

Federation deems expedient or proper;

(xix) To borrow and raise moneys without or with security of a mortgage, charge,

hypothecation, pledge or in any manner whatsoever of all or any of the movable or

immovable properties belonging to the Federation;

(xx) To create administrative, technical, clerical and other posts under the Federation and to

make appointments; thereto, subject to the rules and regulations of the Federation;

(xxi) To provide for different classes of membership of the Federation and to prescribe the

obligations, rights and privileges of such different members;

(xxii) To make Rules and Regulations and Bye-Laws for the conduct of the affairs of the

Federation and to add, to amend, vary or rescind them of this Memorandum from time

to time;

(xxiii) To prepare its members to respond to globalization and competitiveness in the overseas

market;

(xxiv) To do all such other acts and things, either alone or in conjunction with other

organizations or persons, as the Federation may consider necessary, incidental or

conducive to the attainment of the above objectives;

Page 19: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 9

4(i) The income and property of the Federation, howsoever, derived, shall be applied to the

promotion of the objects of the Federation and no portion thereof shall be paid or

transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit

to the members of the Federation. Thus, the Federation shall be a non-profit making

organization.

Provided that nothing herein shall prevent the payment, in good faith, of remuneration by

the Federation to any member of the Federation or other persons in return for any

services rendered by such member to the Federation or the reimbursement for his

travelling allowance, halting allowance and other similar charges.

(ii) In order to prevent the adverse impact on export of different commodities, to deal with

matters of common interest such as taxation, customs procedures, Foreign Trade Policy,

Credit facilities, Reserve Bank of India, other bodies co-formed by Government to

assist/promote import/export trade regulations, problems of shipping and those relating

to increase in freight rates, matters concerning the Export Credit and Guarantee

Corporation of India or similar organizations, wagon allotment, port facilities and the

like;

(iii) Membership and registration of, and providing of all necessary services to all its

members which inter alia include Status Holders(exporting firm holding recognition

status granted under the Foreign Trade Policy by the Directorate General of Foreign

Trade) (as per nomenclature notified by the Government since the nomenclature of status

holders is changed by the Government from time to time) & such other organizations

that may be constituted for similar purposes as the functions of FIEO, EOUs &

FTWZ/SEZ Units, State Export Organizations set up or sponsored by Central/State

Government; Service Providers/ Consultancy/ Contractor Firms; Multi-Product Group

category, Export Promotion Councils, Commodity Boards, Export Development

Authorities, Chambers, Associations, and individuals.

(iv) Sponsoring of/inviting of delegations for the promotion of international business.

5. If upon the winding up or dissolution of the Federation, there shall remain, after the satisfaction

of all its debts and liabilities any property whatsoever, the same shall not be distributed amongst

the members of the Federation, but shall be donated to such Export Promotion Institution(s), as

may be determined by the members of the Federation, at or before the time of the dissolution or

failing which, as may be determined by the High Court of judicature having jurisdiction in the

matter.

6. The names, addresses, occupations, and designations of the present members of the Managing

Committee of the Federation, which will constitute the Governing Body and to whom the

management of the affairs of the Society is entrusted as required under Section 2 of the Societies

Registration Act, 1860 (XXI of 1860) as amended and extended to the Union Territory of Delhi

shall be as given in the Annexure attached in the end and is also hosted on the web-address of the

Federation at www.fieo.org

Page 20: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 10

7. We the undersigned are desirous of forming a Society named “Federation of Indian Export

Organisations” under the Societies Registration Act, 1860 (XXI of 1860) as amended and

extended to the Union Territory of Delhi, in pursuance of this Memorandum of Association:-

Sl. Name Address Occupation Name

No. complete with full Address and

with house address description

Signature no. & name of the witness

of the city

------------------------------------------------------------------------------------------------------------------

(1) (2) (3) (4)

-------------------------------------------------------------------------------------------------------------------

1. T R Crook 47, Prithviraj Road, Resident Adviser

New Delhi Associated Chambers of

Commerce &

Industry of India,

Marshall House,

Hanuman Road,

New Delhi – 110 001

2. P A Narielwala Breach Candy Garden Chairman, Basic

Bulabhai Desai Road, Chem. Pharm. &

Bombai– 26 Soap EPC, Plot No. 56

Ashok Chambers (5th

Floor), Broach Street

Bombay– 1

3. V M Srikumaran 19-20, Linghi Chetty Street, Chairman, Spices EP

Nayar Madras – 1 Council, World Trade

Centre, Mahatma Gandhi

Road, Ernakulam-6

4. M J Jamal “Jamalia” No. 6, Chairman, Leather

Moideen Perambur High Road EP Council, Marble

Madras – 12 Hall, 3/38, Veepari

High Road, Madras - 3

5. M K K Nayar World Trade Centre, Chairman, Cashew

M G Road E P Council, World

Ernakulam – 6 Trade Centre,

M G Road, Ernakulam

Page 21: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 11

------------------------------------------------------------------------------------------------------------------

(1) (2) (3) (4)

------------------------------------------------------------------------------------------------------------------

6. R K Singh 14-1/B, Ezra Street, Secretary,

Calcutta– 1 Engineering Export

Promotion Council

14-1/B, Ezra Street

Calcutta – 1

7. S P Chablani 12, Las Palmas, Managing Director

Little Gibbs Road, Export Credit &

Bombay – 7 Guarantee Corpora-

tion, 4, Rampart Road

Bombay – 1

8. M K B Bhatnagar 16/18, Shakti Nagar, Senior Export

Delhi – 6 Promotion Officer

Ministry of Commerce

New Delhi

-------------------------------------------------------------------------------------------------------------------

Witnesses :

(1) Shri P B Satagopan

Deputy Director (Export Promotion)

Ministry of Commerce

New Delhi

(2) Shri A K Sengupta

Section Officer

Ministry of Commerce

New Delhi

Page 22: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 12

I - ARTICLES OF RULES

& REGULATIONS

Page 23: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 13

CHAPTER-1

PRELIMINARY

1. SHORT TITLE

This Memorandum and Articles of Association of the Federation of Indian Export

Organisations shall be known as the “Articles” or the “Memorandum” or the “Rules” and

the expression the “Articles”, the “Memorandum” and the “Rules” shall be used

interchangeably and shall include the Article of Election Bye-laws.

2. REGISTRATION, REGISTERED OFFICE AND WEB ADDRESS

The Society is registered under the Societies Registration Act, 1860 (Act 21 of 1860)

with Registered Office at New Delhi.

(a) The postal address of the Registered Office of the Society is „Niryat Bhawan‟,

Rao Tula Ram Marg, Opp. Army Hospital Research & Referral PIN-110057.

(b) The Society may have branches/ chapters at such places as may be decided by the

Society from time to time.

(c) The web-address of the Society is http://www.fieo.org

3. DEFINITIONS

In these Articles, unless the context otherwise requires:-

(a) “Act” means the Societies Registration Act, 1860 and includes any statutory

modification or re-enactment thereof, for the time being in force;

(b) “Auditors” means persons appointed for the audit affairs of the Federation;

(c) “Authorised Representative” means person duly nominated by the Member to

represent the Member in any meeting of the Federation and to vote and/or contest

on behalf of the Members, if the Member is otherwise eligible to vote and/or

contest, after the name of such person is duly recorded in the Register of

Members of the Federation. Any nomination of the Authorised Representative by

the member shall be effective from the date it is duly lodged with the Federation.

(d) „Clear days” means the number of days given in the notice but excluding the day

of dispatch/email of notice, transit time of two days in case notice is not sent by

mail but by post/courier alone and the day of the meeting/receipt of reply/report.

(e) “Director General & CEO”, means the officer so appointed by the Managing

Committee;

(f) “Extraordinary General Meeting” or “EGM” means a duly convened general

meeting of the members of the Federation, other than its Annual General Meeting;

Page 24: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 14

(g) “Federation” means the Federation of Indian Export Organisations;

(h) “Foreign Trade Policy” or “FTP” means Foreign Trade Policy, for the time being

in force, notified by the Central Government under section 15 of the Foreign

Trade (Development & Regulation) Act 1992 [No. 22 of 1992]

(i) “Handbook of Procedures” or “HoP” for the time being in force, notified by the

Director General of Foreign Trade in pursuance of relevant paragraph of the

Foreign Trade Policy, containing the procedure to be followed by an exporter or

importer or the licensing authority for the purpose of implementing the Foreign

Trade (Development & Regulation) Act 1992, Foreign Trade Policy etc.

(j) “General Meeting” means (i) a duly convened Annual General Meeting or AGM

of the members of the Federation and (ii) a duly convened Extra Ordinary General

Meeting or EGM of the members of the Federation;

(k) “Managing Committee” means the Managing Committee of the Federation;

(l) “Member” means a member of the Federation;

(m) “Office” means the Registered Office, for the time being, of the Federation;

(n) “Prescribed” means prescribed by the Managing Committee, by regulations by

virtue of a power conferred on it by these Articles;

(o) “President” means the President of the Federation, and includes any person

lawfully discharging the duties of the President, for the time being;

(p) “Proxy” means an Authorisation given by the Proprietor/ Partner/Director or by a

Board of Director authorising an employee of the Firm/Company to participate in

the General Meeting (Annual General Meeting/Extra Ordinary General Meeting)

of the Federation. Such proxy holder will have a voting right if the member

authorising the proxy holder has such voting right. Such proxy shall be submitted

to the Federation at least 72 hours before the commencement of the General

Meeting.

(q) “Recognition Certificate” means a certificate issued by the Directorate General of

Foreign Trade, under the Handbook of Procedures-Vol.-1 read with Foreign Trade

Policy, for outstanding export performances by an exporter. On receiving the

Recognition Certificate, such exporters are given a special nomenclature like Star

Exporter and generally referred to as the „Status Holder‟

(r) “Registration-cum-Membership Certificate” or RCMC means the certificate of

registration and membership granted by the Federation of Indian Export

Organisations or by an Export Promotion Council/Commodity Board/

Development Authority or other competent authority as prescribed in the Foreign

Trade Policy or the Handbook of Procedures;

Page 25: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 15

(s) “Regional Chairman” means a Regional Chairman of the Federation representing

the specified region and includes any person lawfully discharging the duties of the

Regional Chairman, for the time being;

(t) “Regional Committee” means a Regional Committee of the Federation

representing the specified region;

(u) “Rule” means a rule forming part of these Articles and the term „Articles‟ and

„Rules‟ with reference to Memorandum of Association are interchangeable;

(v) “Status Holder” means the exporters holding Recognition Certificate, for their

outstanding export performances, issued by the Directorate General of Foreign

Trade, under the Handbook of Procedures-Vol.-1 read with Foreign Trade Policy;

(w) “Vice President” means the Vice President of the Federation and includes any

person duly authorized to lawfully perform the functions of the Vice President,

for the time being;

(x) “Year” means the financial year, which currently begins from 1st April of a year

and ends on 31st March of the following year unless decided otherwise by the

Managing Committee

4. WORDS DEFINED IN THE ACT

Words and expressions used and not defined in these Articles, but defined in the Act have

the meanings respectively assigned to them by the Act.

5. GENERAL CLAUSES ACT TO APPLY

The General Clauses Act, 1897, applies for the interpretation of these rules, as it applies

for the interpretation of an Act of Parliament.

6. SCOPE OF THE ARTICLE

Subject to the provisions of the Act and of the Articles, the provisions of the Article shall

apply in regard to the affairs of the Federation.

7. JURISDICTION

The court at Delhi shall have exclusive jurisdiction to adjudicate any dispute including an

election dispute involving one or more present or past member and the Federation. One

of the conditions of grant of membership is that a member, before accepting the

membership, undertakes to approach a competent court in Delhi only for any dispute with

the Federation.

Page 26: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 16

CHAPTER-2

MEMBERS

8. CATEGORIES OF MEMBERS

The Federation shall have the following categories of members, namely:

(i) Ordinary Members

(ii) Associate Members

(iii) Registered Members/Others

(iv) Co-opted Members

9. ELIGIBILITY FOR MEMBERSHIP

The eligibility criteria for the members shall be as under:

(a)* Ordinary Member: Any Export Promotion Council or Commodity Board or

Export Development Authority set up or sponsored by the Government of India

for purposes of Export Promotion and duly recognised in the Foreign Trade

Policy/Handbook of Procedures issued by Directorate General of Foreign Trade

as the competent authority for grant of Registration-cum-Membership Certificate

(RCMC).

(b) Associate Member: Any Status Holder i.e. exporters holding valid recognition

certificate, for their outstanding export performances, issued by the Directorate

General of Foreign Trade, under the Handbook of Procedures-Vol.-1 read with

Foreign Trade Policy shall be eligible to become an Associate Member of the

Federation.

(c) Registered Member/Others: The following shall be eligible to become a

Registered Member of the Federation.

(i) Multi Product Group exporter

(ii) Unit set up under the Export Oriented Unit (EOU) Scheme, Electronics

Hardware Technology Park (EHTP) Scheme, Software Technology Park

(STP) Scheme, Bio-Technology Park (BTP) Scheme or unit located in

Special Economic Zone (SEZ) including Free Trade and Warehousing

Zones (FTWZ) governed by the provisions of the SEZ Act

* Amended in the EGM held on 25.03.2019

Page 27: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 17

(iii) State Export Organisations

(iv) Bank or Banking Institutions

(v) Service Providers/ Consultancy/ Contractor firms

(vi) Person engaged in exports (other than Ordinary Member or Associate

Member)

(vii) Institutions of Higher Learning in International Trade

(viii)* Any export packaging organization, trade association, chamber of

commerce or any other similar organization.

(d) Co-opted Members: An individual representing each of the following bodies,

duly nominated by the competent authority in the respective bodies:

(i) Ministry of Commerce

(ii) Department of Economic Affairs/Banking

(iii) Export Commissioner (Directorate General of Foreign Trade)

(iv) RBI

(v) Representative of Shipping & Transport Ministry

(vi) D.C. (SSI) or Successor Organisation

(vii) One Senior Representative from Five Star Export Houses or equivalent

status (All India Basis)

* Amended in the EGM held on 25.03.2019

Page 28: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 18

CHAPTER-3

MEMBERSHIP : APPLICATION, EFFECTIVE DATE AND SUBSCRIPTION

10. APPLICATION FOR MEMBERSHIP

The applications for membership of the Federation shall be made in writing in the

prescribed form and addressed to the Director General & CEO as follows:

(a) The form for admission or re-admission shall be accompanied by the Application

Fee which is non-refundable, the Annual Subscription Fee and the documents

prescribed therein. The Director General & CEO may prescribe documents in

addition to the documents already prescribed in the Application Form.

(b) The application for membership shall be submitted to the respective Regional

Office of the Federation.

(c) The applications for Ordinary Membership except in the case of Export

Promotion Councils, Commodity Boards, and Export Development Authorities

can be duly proposed by the Regional Chairmen.

(d) The application shall be processed by the designated officer of the Federation,

who under the power delegated to him by the Director General & CEO, shall

forthwith grant Registration-cum-Membership Certificate in the prescribed format

or the Membership Certificate, as the case may be, in case an application is found

in order. The designated officer shall report the detail of the new members so

inducted to the Director General & CEO to obtain post-facto approval/ ratification

from the Managing Committee.

(e) In case the application is found not in order, the applicant shall be so intimated

and the annual subscription fee so received shall forthwith be refunded to the

applicant.

11. EFFECTIVE DATE OF MEMBERSHIP

The membership shall be effective from the 1st day of the financial year in which the

application is made irrespective of the date of their application except in respect of cases

covered in 12(c).

12. MEMBERSHIP SUBSCRIPTION FEE

The Membership Subscription Fee shall be charged on an annual basis as follows:

(a) The Membership Subscription Fee shall be payable with effect from the 1st day of

the financial year.

Page 29: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 19

(b) The annual Membership Subscription Fee for different category of members is as

under which shall increase, if approved, by the Managing Committee.

Category Annual

Membership

Subscription

I Ordinary Members Rs. 6,250/-

II Associate Members

(a) Status Holder –Five Star Export Houses or

any other equivalent

Rs. 93,750/-

(b) Status Holder –Four Star Export Houses or

any other equivalent

Rs. 50,000/-

(c) Status Holder –Three Star Export Houses or

any other equivalent

Rs. 25,000/-

(d) Status Holder –Two Star Export Houses or

any other equivalent

Rs. 12,500/-

(e) Status Holder –One Star Export Houses or

any other equivalent

Rs. 9,375/-

III Registered Members/Others

(a) Multi-Product Group Rs. 6,250/-

* (b) Multi-Product Group having export turn-

over of Rs.five crore in the preceding year

Rs.7,000/-

(c) EOU/ Units in EHTP/ STP/ BTP/ SEZ/

FTWZ

Rs. 9,375/-

(d) Bank or Banking Institutions Rs. 12,500/-

(e) Others Rs.6,250/-

IV Co-opted Members NIL

V Processing Fee for new admission/re-

admission

Rs.1000

(c) In case an applicant under any category admitted to the membership of the

Federation in the second half of the year, the annual subscription fee payable for

the year of admission shall be one-half of the prescribed annual subscription fee.

13. LIABILITY TO PAY ARREAR

A member shall be liable towards the Federation in respect of their unpaid Annual

Subscription or any other arrear even if it resigns or its membership is suspended or it

ceases to be a member under any clause of the Federation including the clause for non-

payment of Annual Subscription.

* Amended in the EGM held on 25.03.2019

Page 30: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 20

CHAPTER-4

RIGHTS AND PRIVILEGES OF MEMBER

14. RIGHTS AND PRIVILEGES OF ORDINARY MEMBER

An Ordinary Member shall have the following rights and privileges:

(a) Right to be a member of the Managing Committee of the Federation without

contesting any election of the Federation.

(b) Right to attend and vote on all matters brought before the Managing Committee,

AGM or EGM of the Federation.

(c) Right to receive the Annual Report of the Federation

(d) Right to receive other publications of the Federation; and,

(e) Right to use all such facilities as may be made available to such members by the

Federation from time to time on the prescribed conditions.

15. RIGHTS AND PRIVILEGES OF ASSOCIATE MEMBER

An Associate Member shall have the following rights and privileges:

(a) Right to contest election for the membership of the Managing Committee of the

Federation and if elected, right to attend and vote on all matters brought before

the Managing Committee.

(b) Right to attend and vote on all matters brought before the AGM or EGM of the

Federation.

(c) Right to requisition a meeting. Right to receive the Annual Report of the

Federation.

(d) Right to receive other publications of the Federation

(e) Right to use all such facilities as may be made available to such members by the

Federation from time to time, on the prescribed conditions.

Notwithstanding anything contained herein, an Associate Members shall not be entitled

to have any rights and privileges if it fails to submit to the Federation, on or before the

expiry of the four months from the commencement of the financial year, the valid

recognition certificate issued by the Directorate General of Foreign Trade.

16. RIGHTS AND PRIVILEGES OF REGISTERED MEMBER/OTHERS

A Registered Member/Others shall have the following rights and privileges:

Page 31: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 21

(a) Right to contest election for the membership of the Managing Committee of the

Federation and if elected, right to attend and vote on all matters brought before

the Managing Committee.

(b) Right to attend the AGM or EGM of the Federation but they will not have a right

to vote on any matters brought before the AGM or EGM of the Federation.

(c) Right to receive the Annual Report of the Federation

(d) Right to receive other publications of the Federation

(e) Right to use all such facilities as may be made available to such members by the

Federation from time to time, on the prescribed conditions.

17. RIGHTS AND PRIVILEGES OF CO-OPTED MEMBER

A Co-opted Member shall have the following rights and privileges:

(a) Right to be a member of the Managing Committee of the Federation without

contesting any election. However, they will not have a right to vote on any

matters brought before the Managing Committee.

(b) Right to attend the AGM or EGM of the Federation but will not have a right to

vote on any matters brought before the AGM/EGM.

(c) Right to receive the Annual Report of the Federation.

(d) Right to receive other publications of the Federation.

(e) Right to use all such facilities as may be made available to such members by the

Federation from time to time on the prescribed conditions.

Page 32: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 22

CHAPTER-5 DISQUALIFICATION, SUSPENSION AND CESSATION OF MEMBERSHIP

18. DISQUALIFIED MEMBER

In all meetings and proceedings of the Federation, no person shall be entitled to vote or be

counted as a member whose annual membership subscription at the time shall have been

in arrears for a period exceeding three months.

19. SUSPENSION BY THE PRESIDENT OR THE VICE-PRESIDENT

The President or the Vice-President chairing any Meeting of the Federation (other than

the Managing Committee meeting) may at his sole discretion, suspend a member for a

period of six months if he finds the member guilty of disorderly conduct at such

meetings. The suspension may be made either during the course of the said meeting or at

a later date. The suspension may be revoked by him before the expiry of the six months

period.

20. SUSPENSION BY THE MANAGING COMMITTEE

The Managing Committee may, by a simple majority of its members present and voting

suspend the membership of a member either for a specified period or till further order not

exceeding one year:

(a) If the member is found to be prima facie guilty of violation of any of the conditions

of membership. However, the Managing Committee, before deciding on the issue,

shall give the member a reasonable opportunity of being heard;

(b) If he has otherwise been guilty of a conduct which is unbecoming of a member;

(c) If the President/Vice President recommends to the Managing Committee or any

member of the Managing Committee recommends to the Managing Committee to

consider the continuation of suspension of a member by the President/Vice

President beyond the initial period of six months.

21. CESSATION OF MEMBERSHIP

An Associate Member or a Registered Member/Others or its Authorised Representative

shall cease to be a member of the Federation, on the happening of any of the following

events, namely:

(a) On the member resigning his/its membership by giving notice to the President or

the Director General & CEO in writing of his intention to do so and his/its

resignation being accepted by the Managing Committee.

Page 33: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 23

(b) On the default by a member in the payment of the Annual Subscriptions fee by a

period of more than three months from the expiry of due date, provided however, a

thirty days notice in writing to the Member is given and the Member fails to pay all

its arrear within the notice period. On such happening, the Managing Committee

may, by simple majority of its members present and voting, remove the name of

the member from the membership list of Federation.

(c) If the Managing Committee at a meeting finds, by a simple majority of its

members present and voting that the member has ceased to possess the

qualifications required for membership. An opportunity to represent its case shall

be given to applicant, but the decision of the Managing Committee shall be final

against which there is no appeal in any forum.

(d) If the general meeting of the Federation decide, by a simple majority of its

members present and voting that the continuance of a person, as a member or its

Authorised Representative, is prejudicial to the interests of the Federation.

(e) If the member or its Authorised Representative has been adjudged as “Wilful

defaulter” by a bank or a financial institutions.

(f) If the Authorised Representative is found to be of unsound mind by a competent

court.

(g) If the member or its Authorised Representative applies to be adjudicated as or is

adjudicated as insolvent.

(h) If the Authorised Representative is convicted by a court of an offence involving

moral turpitude and is sentenced on such conviction to imprisonment for a period

of not less than six months.

(i) If FIR is lodged by FIEO against the Authorised Representative or the member in

connection with the affairs of FIEO or a civil suit is filed by FIEO against him for

financial irregularity.

22. SUSPENSION OF PRIVILEGES OF DISQUALIFIED MEMBER

The Managing Committee may suspend the privilege of a Disqualified Member till the

time it pays its arrear.

Page 34: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 24

CHAPTER-6

VOTING RIGHTS

23. VOTING RIGHTS

(a) Each member, eligible to vote, shall have only one vote.

(b) In case of tie, the Chairman of the meeting shall have, in addition, a casting vote.

24. OBJECTION AND DECLARATION OF RESULT

No objection shall be taken to the validity of any vote cast at a meeting, except at the

meeting at which such vote was tendered and every vote not disallowed at such meeting

shall be deemed to be valid for all the purposes of such meeting.

(a) The Chairman of a meeting shall be the sole judge of the validity of every vote

tendered at such meeting.

(b) A declaration of result of voting by the Chairman shall be final and conclusive.

Page 35: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 25

CHAPTER-7

ANNUAL GENERAL MEETING AND EXTRAORDINARY GENERAL

MEETING OF THE FEDERATION

25. ANNUAL GENERAL MEETING

The first Annual General Meeting of the Federation shall be held within eighteen months

of the incorporation of the Federation and thereafter, at least one meeting, in every

calendar year on such date, (not being more than fifteen months after the preceding

Annual General Meeting) at the Registered Office of the Federation.

26. ANNUAL GENERAL MEETING

The Annual General Meeting or AGM shall be convened, on or before the expiry of six

months of the financial year, for the following business:

(a) To receive the annual report presented by the President of the previous financial

year.

(b) To receive and adopt the Annual Audited Accounts and the Balance Sheet of the

previous financial year.

(c) To appoint the Auditors of the Federation and fix their remuneration.

(d) To elect the members for such posts of the Federation as provided in the Election

Rule.

27. EXTRA-ORDINARY GENERAL MEETING

(a) A general meeting other than the Annual General Meeting shall be called

Extraordinary General Meetings and shall be convened by the President on the

recommendation of the Managing Committee.

(b) The Extraordinary General Meetings shall be convened for considering any

amendment in the Memorandum & Articles of Association of the Federation or for

any other business.

(c) The “Extraordinary General Meeting” or EGM shall not transact any business

other than what is specified in the Agenda of such meeting.

28. REQUISITION FOR EXTRAORDINARY GENERAL MEETING

(a) An Extraordinary General Meeting shall be convened by the President within 15

days from the date of passing of resolution by 1/3rd

majority decision of the

Managing Committee Members representing the Ordinary Members and the

Page 36: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 26

Regional Chairman and 1/3rd

majority decision of the Managing Committee

Members representing the Associate Members to convene the Extraordinary

General Body Meeting for the business approved by them in such meeting.

(b) If the President fails to convene the General Meeting within the time prescribed

without giving adequate reason for not convening the meeting, the requisitionists

themselves may convene an Extraordinary General Meeting within 30 days

thereafter and notice of such meeting shall be given by the DG & CEO to all

members as aforesaid.

(c) If one tenth of all the members having voting rights on the date of requisition, by

requisition in writing setting forth the reasons thereof and signed by them and

addressed to the DG & CEO , request to call a EGM of the Federation, the DG &

CEO shall forthwith inform the President, the Vice-President and other members of

the Managing Committee and the President shall thereafter, convene a meeting of

the Managing Committee within 21 days of the receipt of the requisition by the DG

& CEO, wherein the Managing Committee shall decide the date to convene the

Extraordinary General Meeting to be held within a period of 30 days from the date

of the Managing Committee meeting. The notice for such meeting along with the

business to be transacted and the explanatory note shall be circulated at least 21

days prior to the date of the Meeting.

29. NOTICE OF MEETINGS

(a) The notice for any meeting shall be in writing.

(b) The notice for the Annual General Meeting shall be issued by the Director General

& CEO.

(c) The audited accounts for the previous year and proposed budget for the current

year shall be circulated among the members of the Federation along with the notice

for the meeting.

(d) The notice for Extra-ordinary General Meeting shall be issued by the Director

General & CEO.

(e) For any Annual General Meeting or the Extraordinary General Meeting of the

Federation, not less than 21 clear days notice to the members, specifying the place,

date, time and a statement of the business to be transacted, explanatory note

wherever required shall be given to the members of the Federation.

(f) The General/Extraordinary General Meeting shall be held at any time during

business hours, on a day (not being a public holiday) decided by the Managing

Committee.

Page 37: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 27

(g) The notice calling the meeting shall specify it as the annual/extraordinary General

Meeting as the case may be.

(h) The notice of meeting shall also be hosted on the web site of the FIEO

30. SERVICE OF NOTICE

A notice may be given to any member and served either by hand or by Registered Post or

by Speed Post or by courier ordinarily used by the Federation or by fax or by Email at

such member‟s registered address/fax number/Email or (if a member has no registered

address in India) to the address, if any, within India furnished by the member for the

giving of notices.

(a) Where notice is sent by email alone the service shall be deemed to have been

effected on the day and the time at which the email was sent.

(b) Where notice is sent by email as well as by post/ courier the service shall be

deemed to have been effected on the day and the time at which the email was sent.

(c) Where notice is sent by post/courier alone, the service shall be deemed to have

been effected at the expiry of 48 hours after it is posted.

31. NOTICES BY ADVERTISEMENT IN A NEWSPAPER

A general notice addressed to members in general and advertised in a newspaper

circulating in Delhi, Mumbai, Kolkata and Chennai shall be deemed to be duly given to

the members concerned on the day on which the advertisement appears in the newspaper.

32. NON-RECEIPT OF NOTICE

The non-receipt by any member, of any notice of meeting required by these rules to be

given to the members, shall not invalidate any proceedings of any meeting or any

resolution passed at any meetings.

33. CHAIRMAN OF THE MEETING

The President of the Federation shall be entitled to preside at every General Meeting and

Extraordinary General Meeting of the Federation.

(a) If there is no President or if he is not present within 15 minutes from the time of

commencement of such meeting or, if he is unable or unwilling to act, then the

Vice President of the Federation (if present and willing) shall preside till the time

the President arrives and occupies the Chair.

Page 38: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 28

(b) If there is no Vice President or if he is not present, or, if he is unable or unwilling

to act, the members of the Managing Committee who are present may choose one

of the Managing Committee member, representing the Ordinary member or the

Associate Member present to preside till the time the President or the Vice

president arrive and occupies the Chair;

(c) If there be no such member of the Managing Committee willing to take the chair,

the Associate Members of the Federation who are present shall elect one of

themselves to be the Chairman of the meeting till the time the President or the Vice

president arrive and occupies the Chair.

34. VENUE

The General/Extraordinary General Meeting of the Federation shall be held in the city in

which the registered office of the Federation is situated, at such place as may be decided

by the Managing Committee.

35. QUORUM

(a) No business shall be transacted at any General Meeting/Extraordinary General

Meeting, unless the requisite quorum is present at the commencement of the

business.

(b) The quorum for a General Meeting/Extraordinary General Meeting shall be 50

members, in aggregate, representing Associate or Ordinary Members.

36. ADJOURNMENT FOR WANT OF QUORUM

The following shall be done in case within half an hour from the time appointed for a

General/Extraordinary General Meeting a quorum is not present:

(a) In the case of Annual General Meeting or Extraordinary General Meeting (other

than an EGM on requisition), the meeting shall stand adjourned to such date and

time as the President may fix. Notice of such adjournment shall be given to all

members and at such adjourned meeting the delegates representing the Ordinary

and the Associate Members present shall constitute a quorum.

(b) In the case of an EGM convened on requisition, the meeting shall stand dissolved.

37. ADJOURNMENT

(a) The Chairman of the meeting in consultation with the members may adjourn any

meeting from time to time but no new business shall be transacted at the adjourned

meeting. No such consultation is required by Chairman to adjourn the meeting

when the decorum of the meeting is lost.

Page 39: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 29

(b) No notice of the adjourned meeting shall be necessary, unless the meeting is

adjourned for more than ten days.

38. VOTING ON RESOLUTION

(a) At any General Meeting, a resolution put to vote at the meeting shall be by show of

hands unless decided by the Chairman to be by secret ballot.

(b) A poll by secret ballot shall be decided by the Chairman of the meeting before

Resolution is put to vote. However, the decision of the Chairman calling for secret

ballot shall be overruled and consequently voting by show of hands will take place

in case a minimum of 1/3rd

of the eligible voters present and voting decide

otherwise.

39. MINUTES CONCLUSIVE

Minutes of all proceedings of every General/Extraordinary General Meeting shall be kept

by making entries in the Minutes Book of the Federation within 30 days of the meeting.

All entries (including the Resolution passed in the meeting) in the Minutes Book once

signed by the President shall be conclusive evidence of the fact that Resolution was

passed.

40. MANNER OF KEEPING MINUTES

The Minutes of the meetings of the Federation shall be kept at the Registered Office of

the Federation.

Page 40: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 30

CHAPTER-8

THE MANAGING COMMITTEE

41. COMPOSITION

There shall be a Managing Committee of the Federation consisting of the members

having Voting Rights, each member having one vote and the President having a casting

vote in case of tie and the members having no Voting Right:

Members having Voting Right

Designation Total Number

(a) Members elected to the Managing Committee (Including

13 Associate Members)

18

(b) Regional Chairman of the Federation 4

(c) Ordinary Members of the Federation As per HoP List

Members having No-Voting Right

Designation Total Number

(d) Director General & CEO of the Federation 1

(e) Women Entrepreneurs (1 from each Region, Not more

than 4 in aggregate)

4

(f) Immediate Past President 1

(g) Co-opted Member: (Not more than one from each and in

aggregate not more than 7) representing:

(i) Ministry of Commerce & Industry

(ii) Ministry of Finance

(iii) Directorate General of Foreign Trade

(iv) Reserve Bank of India

(v) Ministry of Shipping

(vi) Development Commissioner Micro, Small and

Medium Enterprises (MSME)

(vii) Senior Executive of 5 Star Export House

7

42. WOMAN REPRESENTATIVE

There shall be one Woman Representative from each Region (in aggregate 4) in the

Managing Committee who shall be nominated by the President in consultation with the

Regional Chairman and such other members as the President may decide.

Page 41: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 31

43. FUNCTIONS OF THE MANAGING COMMITTEE

The Functions of the Managing Committee shall be as follows :

a) to administer the general affairs of the Federation;

b) to determine what work shall be undertaken by the Federation and to arrange for

the conduct of such work;

c) to receive and deal with reports and recommendations of various Sub-Committees

(where such Sub-Committees have been constituted);

d) to arrange for the publication of reports and other documents issued by the

Federation;

e) to collaborate in kindred activities with other bodies in India and similar bodies in

foreign countries and with international organizations working in the field;

f) to control the finances of the Federation;

g) to control the staff of the Federation as per article No.91;

h) to take steps to conduct timely elections to various posts contemplated by these

rules;

i) from time to time, to make rules for the proper conduct and management of the

affairs of the Federation including matters which are to be prescribed under these

articles;

j) to do all such other lawful acts as would be conducive to the interest of the

Federation;

k) to perform all residuary functions.

44. POWERS OF THE MANAGING COMMITTEE

The Managing Committee shall have following powers:

(a) to supervise all executive duties and to carry out the objective of the Federation;

(b) to defray all necessary expenses of the Federation;

(c) to delegate such of its functions as it considers necessary to such Sub-Committees

or Authorities as it may determine subject to such conditions and restrictions as it

may impose;

(d) to borrow or raise money with or without security on such terms and conditions as

it thinks fit; and

Page 42: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 32

(e) to perform all such acts and things as are required under these rules or as may be

necessary to carry out the objects of the Federation or for the proper conduct of

the affairs of the Federation.

45. ADDITIONAL POWERS AND FUNCTIONS

The Managing Committee in addition to the powers and authorities conferred by the Act

or by these articles may exercise all such powers:

(a) And do all such acts and things as shall, by statute or by these rules, be directed or

authorized to be done by the Federation in a General Meeting.

(b) Subject to such directions as may, from time to time, be decided upon or given at

any annual or extraordinary general meeting of the Federation.

Provided that no such regulation or direction shall invalidate any prior act of the

Managing Committee which would have been valid, if the direction had not been made or

given.

46. REMUNERATION

The Members of the Managing Committee shall not be entitled to any remuneration.

47. TERMS OF OFFICE OF MANAGING COMMITTEE MEMBERS

The members of the Managing Committee shall hold the office for a term as under:

(a) President: Two Years

(b) Vice President: Two Years

(c) Women Entrepreneurs: Two Years

(d) Co-opted Member: One year

(e) Ordinary Member: The Chairman of an ordinary member shall be ex-officio

member of the Managing Committee and shall continue as member of the

Managing Committee so long he holds the post of Chairman of an Ordinary

Member

(f) Regional Chairman: Ex-officio member of the Managing Committee and shall

continue as member of the Managing Committee so long he holds the post of

Regional Chairman.

(g) Others (Status Holders and Registered Members/Others): Three years

Page 43: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 33

48. YEAR FOR COMPUTATION OF TERM

The year shall commence from the date of assuming the office and the year shall expire

on the date of Annual General Meeting of the following year.

49. RETIREMENT OF ASSOCIATE MEMBER

(a) At every Annual General Meeting, one third of the total number of members of

the Managing Committee representing the Associate Members (the sub-

constituencies considered together) shall retire, and the vacancies caused by such

retirement shall be filled by election as per Election Rule.

(b) The Associate Members in the Managing Committee of either category, who shall

retire, shall be those who have served longest in office and as amongst members

with equal duration in the Managing Committee, the question of retirement shall

be determined by lots, drawn by member authorized by the Managing Committee,

if no Member opts to retire. However, the lot shall not be drawn unless a notice to

this effect has been sent to the affected members of the Managing Committee at

least 21 clear days in advance. If, any member of the Managing Committee

voluntarily offers to retire, his wishes shall be duly considered by the Managing

Committee and in the event of its acceptance, the number of total vacancies to be

determined for purposes of retirement shall be duly adjusted.

(c) While determining the retirement of the members of the Managing Committee,

the Managing Committee may at their discretion consider those members who

have not been actively participated in the deliberations of the consecutive three

meetings of the Managing Committee during preceding twelve months.

50. ELECTION OF MEMBERS OF THE MANAGING COMMITTEE

The election of the President, Vice-President and other members of the Managing

Committee shall be held in the manner provided in the Election bye-laws of the

Federation on this behalf.

51. RE-ELECTION

The Members (Status Holders and Registered Members/Others) are eligible to re-election

on expiry of their term of three years term. However, there shall be a break after

continuous presence of three terms of three year each in the same category. The three

terms shall be counted with effect from 28.09.2012. Therefore, if a member continues to

a post after 28.09.2012, it will be deemed to be one term as member of the Managing

Committee. The re-election of the President, Vice President and the Regional Chairman

shall be governed by the specific provisions in this regard for such posts.

Page 44: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 34

52. MEMBERS ENTITLED TO ATTEND THE MEETING

The members of the Managing Committee whether elected, ex-officio, nominated and co-

opted are entitled to attend all the meeting of the Managing Committee:

(a) The elected Authorised Representative of the Associate and Registered/others

members shall alone be entitled to attend and vote in any meeting of the

Managing Committee.

(b) The Chairman of the Ordinary Member shall be entitled to attend and vote in any

meeting of the Managing Committee. In case of any change in the office, the

same shall be duly informed by the Ordinary Member to the Federation in writing

along with supporting documents like the office-order issued by the Government

of India or the Election Result signed by the Returning Officer. The change shall

be effective only after the Managing Committee has approved it.

(c) In the event of non-availability/inability of a Chairman of an Export Promotion

Council/ Commodity Boards to attend any meeting of FIEO, another person who

is Vice-Chairman could be deputed to attend that meeting on behalf of the

Chairman and participate in the deliberations to the extent so authorized. Such

persons shall not be deemed to be a member of Managing Committee of FIEO in

lieu of the Chairman nor do they have any right to vote at the Managing

Committee meetings.

53. CASUAL VACANCIES

If any casual vacancy occurs in the membership of the Managing Committee in the

category of the Associate Member, the Registered Member/Others and the Regional

Chairman, the Managing Committee may fill up the vacancy by co-option. Such co-

option shall be decided by the Managing Committee by simple majority of the members

present and voting.

Provided that when the vacancy is for a period not exceeding two months, the Committee

may, if it so chooses, decide not to fill up the vacancy, so long as the number of

vacancies so left unfilled does not exceed three.

54. DISQUALIFIED FROM THE MANAGING COMMITTEE

A person shall be disqualified for being, or for continuing as, a member of the Managing

Committee if he is otherwise disqualified to continue as a Member of the Federation or

whose membership is suspended.

55. CESSATION OF MEMBERSHIP OF THE MANAGING COMMITTEE:

GENERAL

A person shall cease to be a member of the Managing Committee:

Page 45: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 35

(i) if he resigns his membership and the Managing Committee accepts his

resignation; or

(ii) if the member or its Authorised Representative applies to be adjudicated as or is

adjudicated as insolvent; or

(iii) if he is adjudged by a competent court to be of unsound mind; or

(iv) if the member or its Authorised Representative is convicted by a court of an

offence involving moral turpitude and is sentenced on such conviction to

imprisonment for a period of not less than six months; or

(v) if he or the member of the Federation whom he represents ceases to be a member

of the Federation; or

(vi) if he ceases to be Authorised Representative of the member of the Federation

which has nominated him as a delegate.

(vii) if the Authorised Representative or the member of the Federation whom he

represents is otherwise disqualified to continue as the member of the Federation

or suspended under any provision of the Article

56. CESSATION OF MEMBERSHIP OF THE MANAGING COMMITTEE: ON

ACCOUNT OF NPA

If the account of and/or loan/credit advanced to the Member have been classified as Non

Performing Asset (NPA) for a continuous period of 36 months by any bank or financial

institution; or

(a) the individual representing the Member in the Managing Committee have been

classified as Non Performing Asset (NPA) for a continuous period of 36 months

by any bank or financial institution; or

(b) any entity, in which the individual representing the Member in the Managing

Committee, at any time during the immediately previous five years period, has

been the proprietor, partner, director, Karta of HUF, guarantor, have been

classified as Non Performing Asset (NPA) for a continuous period of 36 months

by any bank or financial institution; or

(c) a company, promoted by the individual representing the Member in the Managing

Committee by being a signatory to the Memorandum and Article of a company

incorporated at any time during the immediately previous five years period, have

been classified as Non Performing Asset (NPA) for a continuous period of 36

months by any bank or financial institution; or

(d) a company, in which the individual representing the Member in the Managing

Committee company has substantial interest, as defined under section 2(32) under

the Income-tax Act, 1961, at any time during the immediately previous five years

Page 46: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 36

period, have been classified as Non Performing Asset (NPA) for a continuous

period of 36 months by any bank or financial institution.

THEN immediately on the completion of the said continuous period of 36 months of

NPA, the member and the individual representing the Member in the Managing

Committee shall cease to be a member of the Managing Committee, without any other

formality to be followed by FIEO.

The onus for intimating the disqualification under this clause shall exclusively be upon

the member and the individual representing the member in the Managing Committee.

Both the member and the individual representing the member shall be debarred for a

period of five years from the date of debarment in case it is found that the individual

representing the member has not intimated and resigned as a member of the Managing

Committee within a period of thirty days from the date of disqualification under this

clause.

57. PROCEDURE OF THE MANAGING COMMITTEE MEETING

(a) The President of the Federation, when participating, shall preside at all meetings

of the Managing Committee.

(b) There should be at least one meeting in a quarter and there shall not be a gap of

more than 120 days between the two meetings.

(c) The President shall convene the meeting of the Managing Committee.

(d) Once the election process is notified, the President, on his own, cannot convene a

meeting.

(e) If a requisition in writing is made to the President by not less than one-fifth of the

members of Managing Committee having voting rights on the date of requisition,

the President shall require the Director General & CEO to call a meeting of the

Managing Committee within a reasonable time.

58. NOTICE OF MEETING

Not less than seven day‟s notice of every meeting of the Managing Committee shall be

given to each member of the Managing Committee who shall, for the time being, be in

India.

59. QUORUM AND ADJOURNMENT

At any meeting of the Managing Committee, the members representing either the

Ordinary or the Associate Member, in aggregate, five shall form the quorum.

(a) If quorum is not present, the meeting shall stand adjourned to same day next week.

Page 47: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 37

(b) If at the said adjourned meeting, there is no quorum even after a gap of half an

hour from the scheduled time of the meeting, the members present will form the

quorum.

60. VOTE

Each member having Voting Rights shall have one vote and in case of tie the President,

shall, in addition to his own vote, have a casting vote.

61. NO PROXY

There shall be no proxy at meetings of the Managing Committee.

62. RECORDS OPEN FOR EXAMINATION

The record of the proceedings of the Managing Committee shall be open for examination

by the members of the Managing Committee.

63. RESOLUTION BY CIRCULATION

Any business which may be necessary for the Managing Committee to transact may, if

the President so directs, be carried out by circulation of papers among all its members;

and any resolution so circulated and approved by the majority of such members shall be

as effectual and a binding, as if the resolution had been passed at a meeting of the

Managing Committee, provided that at least the number of members who constitute the

quorum of the Managing Committee have recorded their views on the resolution.

(a) When any business is so referred by circulation to the members of the Managing

Committee, a period of not less than seven clear days shall be allowed for the

receipt of replies from such members, such period being reckoned from the date on

which the notice of the business is issued.

(b) If a resolution is circulated, the result of the circulation shall be communicated to

all members of the Managing Committee present in India and shall be recorded in

the minutes of the next meeting of the Managing Committee.

64. OTHERS

The provision in respect of General/Extraordinary General Meeting related to Service of

Notice, Notices by advertisement in a newspaper, putting on FIEO website, Non-receipt

of notice, Voting on resolution, Minutes conclusive and Manner of keeping Minutes shall

apply mutatis mutandis to the Managing Committee meeting.

Page 48: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 38

65. POWER TO PRESCRIBE FORMS ETC.

The Managing Committee shall have the power to prescribe any Form, modify the Form

as given in the Memorandum and Article of the Federation or add any new form or delete

any form for which the approval of EGM shall not be required.

66. FIRST MANAGING COMMITTEE

Notwithstanding anything contained herein, the First Managing Committee shall consist

of the following and shall hold office till the first Annual General Meeting:

President

1. Shri P.A. Narielwala Chairman, Basic Chemicals,

Pharmaceuticals and Soaps

Export Promotion Council,

Bombay

Members

2. Shri K P Goenka President, Federation of Indian

Chambers of Commerce &

Industry, New Delhi

3. Shri H K S Lindsay Representing Associated

Chambers of Commerce &

Industry, Calcutta

4. Shri G G Siraj Representing the All Indian

Exporters Chamber, Mumbai

5. Shri Sookamal Ghose Representing the Indian Chamber

of Commerce, Calcutta

6. Shri D P Goenka Representing the Indian Jute

Mills Association, Calcutta

7. Shri D R Narang Representing the Indian Sugar

Mills Association, Calcutta

8. Shri R L Rajgarhia Representing the Engineering

Export Promotion Council,

Calcutta

Page 49: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 39

9. Dr. D Banerji Representing the Chemicals &

Allied Products Export Promotion

Council, Calcutta

10. Shri N N Wadia Representing the Cotton Textiles

Export Promotion Council,

Bombay

11. Shri M J J Moideen Representing the Leather Export

Promotion Council, Madras

12. Shri M K K Nayar Representing the Cashew Export

Promotion Council, Ernakulam

13. Shri A D Gandhi Representing the Spices Export

Promotion Council, Ernakulam

14. Shri A S Bam Representing the Tea Board,

Calcutta

15. Shri H Sitarama Reddy Representing Coffee Board,

Bangalore

16. Shri M P Alexander Chairman, Coir Board and

Chairman Marine Products

Export Promotion Council,

Ernakulam

17. Shri H D Shourie Director General, Indian

Institute of Foreign Trade,

New Delhi

18. Dr. S P Chablani Managing Director, Export

Credit & Guarantee Corporation,

Bombay

The said Managing Committee shall during its tenure have the right to nominate upto six

members, as representative of the Associate Members.

Page 50: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 40

CHAPTER-9

REGIONAL OFFICE, CHAPTER AND THE REGIONAL CHAIRMAN

67. REGION

There shall be four Regions of the Federation known as

(a) Northern Region, Headquarters at New Delhi and comprising of Delhi,

Chandigarh (UT), Haryana, Himachal Pradesh, Jammu & Kashmir, , Punjab,

Rajasthan, Uttarakhand, Uttar Pradesh

(b) Western Region Headquarters at Mumbai and comprising of Maharashtra,

Chhattisgarh, Dadra and Nagar Haveli, Daman & Diu (UT) Goa, Gujarat,

Madhya Pradesh,

(c) Southern Region Headquarters at Chennai and comprising of Tamil Nadu,

Andaman and Nicobar Islands (UT), Andhra Pradesh, Karnataka, Kerala,

Lakshadweep Puducherry (UT), Telangana,

(d) Eastern Region Headquarters at Kolkata and comprising of West Bengal,

Arunachal Pradesh, Assam, Bihar, Jharkhand, Manipur, Meghalaya, Mizoram,

Nagaland, Odisha, Sikkim, Tripura

68. REGIONAL OFFICE: There are four Regional Offices of the Federation which are

situate at the following place:

Northern Region: Niryat Bhawan, Rao Tula Ram Marg

Opp. Army Hospital Research & Referral

New Delhi-110057,

Phone: +91-11-46042222, 26150101-04

Fax: +91-11-26148194, 26150077

Email: [email protected]

Western Region

TIMES SQUARE,

Unit No.3A, B-Wing, 4th Floor

Andheri Kurla Road

Andheri (East),

Mumbai-400059

Phone: +91-22-40572222,

Fax: +91-22-28392334,

Email: [email protected]

Page 51: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 41

Southern Region

Unit No.706, Spencer Plaza, 7th Floor,

769, Anna Salai,

Chennai-600 002

Phone: +91-44-28497766/ 28497755/28493333,

Fax: +91-44-28496666

Email: [email protected];

Eastern Region

Express Tower, 6th Floor, 42A, Shakespeare Sarani

(Junction of Rawdon Street and Shakespeare Sarani)

Kolkata-700 017

Phone: +91-33-40084890/91

Fax: +91-33-22805781

Email: [email protected]

69. CHAPTER

The Federation may set up Chapters at such places as may be decided by the Managing

Committee from time to time. The places and address at which the Chapters are currently

operational are available on the site of the Federation.

70. REGIONAL CHAIRMAN

There shall be a chairman called Regional Chairman representing each region and in

aggregate four.

(a) The Regional Chairman shall be ex-officio member in the Managing Committee of

the Federation.

(b) The Associate Members representing Status Holders of the respective Region shall

alone be entitled to contest and/or vote for the post of the respective Regional

Chairman.

(c) The Term of Regional Chairman shall be two years and the year shall commence

from the date of assuming the office and the year shall expire on the date of Annual

General Meeting of the following year. The two terms shall be counted with effect

from 29.10.2015. Therefore, if a member continues to a post after 29.10.2015, it

will be deemed to be one term as Regional Chairman.

(d) The Regional Chairman after holding the office for two terms, either consecutively

or otherwise shall not be eligible to contest for the post of Regional Chairman.

(e) The Regional Chairman shall not be eligible to contest for the post of President or

the Vice President of the Federation.

Page 52: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 42

71. DESIGNATION

The Regional Chairman will write on all correspondence as “Regional Chairman”

(Northern Region/Western Region/ Southern Region/ Eastern Region – as the case may

be).

72. REGIONAL COMMITTEES

The Regional Committee shall consist of the following:

(i) the Regional Chairman, and

(ii) Such number of other members as may be determined by the Regional Chairman in

consultation with the President. The number shall not exceed 2% of the members

from the respective region.

(iii) The members shall be nominated by the Regional Chairman in consultation with

members of that particular region.

73. FUNCTIONS OF REGIONAL COMMITTEE

Each Regional Committee shall take steps to promote exports of the product from its

region and perform such other functions as the Managing Committee may decide, from

time to time.

Page 53: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 43

CHAPTER-10

PRESIDENT AND VICE-PRESIDENT

74. PRESIDENT

There shall be a President of the Federation who shall

(a) Represent the Federation in any forum, body etc. and do all such acts as would be

conducive in the interests of the Federation;

(b) Preside over all the meetings of the Federation when participating;

(c) Be responsible for implementation of the decisions of the Managing Committee and

General/Extraordinary General Body Meeting;

(d) Present an Annual Report to the Members at the Annual General Body Meeting.

75. TERM OF THE PRESIDENT

The President shall ordinarily hold office for a term of two years and the year shall

commence from the date of assuming the office and the year shall expire on the date of

Annual General Meeting of the following year.

76. QUALIFICATION FOR THE PRESIDENT

A person shall be eligible to contest for the post of President if he is:

(a) Member of the Managing Committee elected under the category of „Status

Holder‟; OR

(b) Elected Chairman of an Ordinary Member of a body listed in HoP and authorised

to issue RCMC.

77. ELECTION AND RE-ELECTION OF PRESIDENT

The election shall be held as per the election bye-laws of the Federation. A person who

held the post of President in the past shall be eligible to seek re-election for the post of

President only after a gap of four years reckoned from the expiry of his previous term.

However, no person shall be eligible to seek re-election for the post of President if he has

held the post of President for two terms from any date on or after 28.09.2012. Therefore,

if a member continues to a post after 28.09.2012, it will be deemed to be one term as

President.

Page 54: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 44

78. CONTINUATION IN OFFICE

The President shall continue to be the President for his term of 2 years irrespective of

being ceased as member of the Managing Committee, except situation mentioned in

Article 80.

79. CASUAL VACANCY

If any casual vacancy occurs in the office of the President, the Vice-President shall

assume the office of the President till the expiry of the following Annual General

Meeting.

80. AUTOMATIC VACATION OF OFFICE

A person shall be deemed to have vacated the office of the President in case he/the

member ceases to be or is disqualified for being or for continuing as a member of the

Federation or whose membership is suspended or he/the member ceases to be or is

disqualified for being or for continuing as a member of the Managing Committee or he

ceases to be the Authorised Representative of the Associate Member of the Federation

whom he represented at the time of election. The term ceases and disqualified, as stated

above, shall only be confined to Article 54, 55 & 56 of the Articles of Rules &

Regulation of the Memorandum.

81. VICE PRESIDENT

There shall be a Vice-President of the Federation who shall

(a) In the absence of the President or when the President is not participating, preside

over the meeting of the Federation and represent the Federation and have the

power to perform the duties of the President.

(b) Also perform any other functions that may be entrusted to him by the President.

82. TERM OF THE VICE PRESIDENT

The Vice President shall ordinarily hold office for a term of two years and the year shall

commence from the date of assuming the office and the year shall expire on the date of

Annual General Meeting of the following year.

83. QUALIFICATION FOR THE VICE PRESIDENT

A person shall be eligible to contest for the post of Vice-President if he is:

(a) Member of the Managing Committee elected under the category of „Status

Holder‟; OR

(b) Elected Chairman of an Ordinary Member of a body listed in HoP and authorised

to issue RCMC.

Page 55: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 45

84. OTHERS

The provision in respect of the President regarding Election, Re-election, Avoidance of

conflict of interest, Continuation in office and Automatic Vacation of Office shall apply

to the Vice President.

85. CASUAL VACANCY

If any casual vacancy occurs in the office of the Vice-President, the Managing

Committee may fill up the vacancy by electing one of the members of the Managing

Committee to assume the office of the Vice-President who shall hold the office till the

expiry of the following Annual General Meeting.

86. PRESIDENT AND VICE PRESIDENT WOULD REPRESENT DIFFERENT

REGIONS

The President and the Vice President shall be from different Regions :-

The President and Vice-President shall be from different Regions as defined Clause 67 of

Chapter-9. If the President represent a particular Region depending upon the location of

the Registered Office of his company or Head Office of his firm or the location of the

Head Office of the Ordinary Member, the Vice-President shall be from a different Region

(other than the Region represented by the President)

87. ELECTION FOR ONE POST ONLY

No person shall be entitled to contest for the post of the President and the Vice President.

88. REMOVAL OF PRESIDENT/ VICE-PRESIDENT

The President and/or the Vice President may be removed by the procedure of no-

confidence motion. The President or the Vice-President, as the case may be, shall stand

removed if the no-confidence motion proposing to remove the President or the Vice

President is supported by the absolute majority of the Managing Committee members

eligible to vote in the Managing Committee and not less than two third of the members,

eligible to vote in the Managing Committee, present and voting.

Page 56: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 46

CHAPTER-11

AMENDMENT

89. AMENDMENT

The Memorandum and Article of the Federation may be amended on the recommendation

of the Managing Committee by the majority vote of the members present and voting and

belonging to the category of Ordinary Member and Associate member in an EGM of the

Federation. However, any alteration, extension or abridgement of the Objectives of the

Federation shall be carried strictly in accordance the provision of the Societies

Registration Act, 1860. The minimum quorum for adopting any amendment in the MoA

in the Managing Committee should be 50% of members of the Managing Committee

having voting rights present and voting. However, if the meeting is deferred due to

absence of quorum, the condition of aforesaid quorum will stand relaxed in the next

deferred meeting of the Managing Committee but the amendment would be decided by

the majority vote of the members present and voting.

Page 57: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 47

CHAPTER-12

SECRETARIAT

90. DIRECTOR GENERAL AND CHIEF EXECUTIVE OFFICER

There shall be Director General & Chief Executive Officer also referred to as the Director

General & CEO or DG & CEO who shall:

(a) Be the Chief Executive Authority of the Federation and shall be in overall charge

of the administration of the Federation. All the officers and the employees of the

Federation shall work under the overall guidance and supervision of the Director

General & CEO.

(b) Report to the President and shall work under the guidance and supervision of the

President.

(c) Be the Appointing Authority for posts in the Federation. However, creation of

any new post will be with the approval of Managing Committee.

(d) Have charge of all the correspondence of the Federation and shall keep an account

of the funds of the Federation and of funds connected with, or in any way

controlled by, the Federation.

(e) Keep accurate minutes of all the meetings of the Federation and of the Managing

Committees.

(f) Take proper care of all the assets belonging to the Federation.

(g) Issue notice, to the members concerned, of all the meetings of the Federation.

(h) Either countersign or arrange for authorized officer(s) to countersign all cheques

signed by the President or by any member or members of the Managing

Committee duly authorized in this behalf and shall collect all moneys due to the

Federation.

(i) Prepare a draft Annual Report of the Federation.

(j) Generally perform all such functions as are incidental to his office or as may be

assigned to him by the President or the Managing Committee, from time to time.

(k) Have the power to institute legal proceedings on behalf of the Federation and

defend the Federation in any legal matter with the approval of President, to be

ratified by the Managing Committee.

(l) Have power to delegate such of his power, by general or special order, to one or

more employees as he may decide.

Page 58: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 48

91. OFFICERS & EMPLOYEES

The officers and employees of the Federation shall devote themselves entirely to such

business and affairs of the Federation as may be assigned to them by the competent

authority. The Managing Committee may, in respect of all the employees of the

Federation, make rules to regulate the following matters, namely :

(a) Appointment, promotion and dismissal;

(b) Grant of pay, leave, allowances, pension, gratuities and compassionate

allowances;

(c) Payment of travelling allowances; and

(d) The establishment and maintenance of a Provident Fund and other funds for the

welfare of the employees.

Page 59: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 49

CHAPTER-13

FINANCE AND ACCOUNTS

92. BOOKS OF ACCOUNTS

The Managing Committee shall cause to be kept proper Books of Accounts with respect

to:

(a) Particulars of all sums of money received and expenditure by the Federation;

(b) Particulars of all sales and purchases of goods and services by the Federation; and

(c) Particulars of the assets and liabilities of the Federation.

93. KEEPING OF BOOKS OF ACCOUNTS

The Books of Accounts shall be kept at the registered office of the Federation or at such

other places as the Managing Committee thinks fit.

94. BOOKS OF ACCOUNTS OPEN FOR INSPECTION

The Books of Account shall be open for inspections by the Members. The Managing

Committee may from time to time by rules determine whether and to what extent and at

what times and places and under what conditions, the Books of Accounts of the

Federation or any of them shall be open for the inspection.

Provided that, the Books of Accounts of the Federation shall be open for inspection by an

officer duly authorized in this behalf by the Central Government for ascertaining or

verifying the income and expenditure of the Federation or for such other purposes may,

by agreement between the Federation and the Central Government, be specified in this

regard.

95. BUDGET

The Director General & CEO shall each year prepare a Budget for the ensuing year and

shall submit it to the Federation on or before such date as may be determined by the

Managing Committee.

(a) No expenditure shall be incurred until the budget is sanctioned by the Managing

Committee.

(b) The budget shall be in such form as the Managing Committee may direct, from

time to time.

Page 60: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 50

(c) Supplementary estimates of expenditure shall be submitted for the sanction of the

Managing Committee in such form and on such date as may be specified by the

Managing Committee.

96. EXPENDITURE

Subject to the provisions of these rules and the regulations framed thereunder, the

Managing Committee may:

(a) Frame rules governing expenditure of the Federation in India or outside India.

(b) Sanction such expenditure, in India or abroad, as it may think fit and write off any

sums and may delegate to the President or the Director General & CEO or other

Officer(s) of the Federation, by special or general order, such financial powers as

it may consider expedient.

Provided that any expenditure outside India shall be subject to the provisions of any law

for the time being in force governing expenditure made outside India.

97. BALANCE SHEET AND REPORT

An electronic copy of the Audited Income & Expenditure Account and Balance Sheet of

the Federation, together with the report of the Auditor and of the Managing Committee,

shall at least fourteen days previous to the Annual General Meeting of the Federation, be

sent to the members of the Federation and be hosted on the official website of FIEO for

information of the members and a copy shall also be kept at the registered office of the

Federation for the inspection of members during a period of at least fourteen days before

the meeting.

98. CUSTODY, DISBURSEMENT AND INVESTMENT OF FUNDS

The account of the Federation shall be maintained in one or more Scheduled Bank in

which all moneys and funds at the disposal of the Federation, with the exception of petty

cash and imprest money, shall be kept.

(a) The Managing Committee shall make regulations for the custody and

disbursement of funds of the Federation;

(b) The funds of the Federation, which are not required for current expenditure may

be placed in fixed deposit with any scheduled bank or may be invested in any

instrument where it is lawful for the Federation to invest subject to such general

or specific instructions as may be issued by the Government of India from time to

time. However, the decision to invest in any instrument (other than fixed deposit)

shall be decided by the Managing Committee.

Page 61: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 51

CHAPTER-14

MISCELLANEOUS

99. MISCELLANEOUS

(a) SEAL

The Federation shall have a seal and the same shall remain in the safe custody of

President/Director General & CEO. The seal of the Federation shall not be affixed

to any document, except under the general or specific authority of the Committee

and shall also not be affixed to any instrument except in the presence of two

members of the Committee or such other persons as the Committee may appoint

for the purpose; and these two members or other persons shall sign every legal

instrument to which the seal of the Federation is so affixed in their presence.

(b) REGISTER OF MEMBERS

The Federation shall maintain a Register of Members in the physical or electronic

form in which the name of the member, name of the Authorised Representative of

the Members, address, telephone number, email and such other particulars of the

Members as may be decided by the Managing Committee shall be kept.

(c) CHANGE IN CONSTITUTION OF MEMBER TO BE REPORTED

In case there is a change in the name, address or constitution of a member of the

Federation, the same shall be reported by the member to the Federation within a

period of thirty days from the date of such changes. The Committee, however,

may condone delays on merit.

(d) FOREIGN COLLABORATION

All agreements between the Federation and any foreign collaborator shall be

subject to such regulations as are in force.

100. POWERS OF THE GOVERNMENT

The Government will have the power :

(a) To give directions to the Federation as to the exercise and performance of its

functions in matters involving national security and to give advice/suggestions for

matters involving substantial public interest, and to ensure that the Federation

gives effect to such directions/suggestions to the maximum possible extent;

Page 62: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 52

(b) To call for such reports, returns and other information; with respect to the

property and other activities of the Federation as may be required from time to

time;

(c) To call for the Federation‟s revenue and capital budget i.e. the Revised and

Budgeted Estimates; and

(d) To call for FIEO‟s foreign collaboration agreements.

Page 63: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 53

II– ARTICLES OF

ELECTION

BYE-LAWS

Page 64: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 54

ELECTION BYE-LAWS

PART-I

GENERAL

1. PERSON ENTITLED TO VOTE

The Authorised Representative whose name appears in the Register of Members shall

alone be entitled to vote for any elective seat on behalf of the Member.

(a) The name and other particulars of the Authorised Representative shall be duly

intimated by the Member in the form as may be prescribed, from time to time,

duly attested by its banker.

(b) A member can have only one person as its Authorised Representative at any point

of time.

(c) Each member can have only one vote per seat for which he is entitled to vote

(d) A Disqualified Member shall not be entitled to vote and/or contest

2. PERSON ENTITLED TO CONTEST

The Authorised Representative, as detailed in (a) to (c) below, whose name appears in the

Register of Members as well as those who submit Letter of Authority in Form-I of the

MoA of FIEO within 10 days of the date of issuance of Notification for election and fulfil

the qualification under this clause shall be entitled to contest for any elective post:

(a) A sole proprietary firm or Hindu undivided family firm shall be represented by its

proprietor or karta, as the case may be as its Authorised Representative.

(b) A partnership firm, with the consent letter of majority of partners subject to a

minimum of two partners including the nominee, shall nominate any one of its

partners to act as its Authorised Representative.

(c) A company or co-operative society or other corporation by a resolution of its

Board shall nominate any of its Whole-time Directors to act as its Authorised

Representative to contest elections of the Federation.

Provided, however, that a Public Limited Company may appoint/ nominate in lieu

of the Whole-time Director, any of its full time executive, having an annual taxable

salary of not less than Rs.5.00 lacs as reflected in Form-16, provided such person is

in the employment of the Member holding a rank not below the rank of Vice-

President for a continuous period of two years on the date of nomination.

Page 65: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 55

3. CUT-OFF DATE FOR SUBSCRIPTION TO VOTE/ CONTEST

A member who has not paid annual membership subscription, in full, within three months

from the commencement of the financial year shall not be entitled to vote or contest for

any elective post.

Provided, however, that an Associate Member, who on account of its status upgrade by

the Directorate General of Foreign Trade, has paid the balance Annual Subscription Fee

on or before the expiry four months of the financial year shall be treated as valid

members to vote or contest for any elective post. This provision shall come into force

w.e.f. 1.4.2019.

4. REGION OF A MEMBER

The Region of a member for the purpose of contesting election and/or casting vote shall

be determined with reference to the place of issue of RCMC as on 1st day of the financial

year in which any election takes place.

5. DUAL CATEGORY RCMC

In case a member (other than status holder) holds valid RCMC of FIEO for the

merchandise goods as well as Service Provider, he shall be treated as electoral college in

the category of MPG only.

6. NOTICE FOR ELECTION AND VOTER LIST

(a) The Notice for election shall be issued by the Returning Officer giving the

number of vacancy under each category and the schedule of election specifying,

among others, the date for the filing/withdrawal of nomination, date of scrutiny of

nomination paper and date of election as recommended by the Managing

Committee.

(b) FIEO shall also host a provisional list of members eligible to vote on its website

inviting objection, if any, within 10 days. Thereafter a final list will be hosted at

the website of FIEO.

7. DEBARMENT

A candidate, including those contesting for the post of the President or the Vice-President

or the Regional Chairman and other members of the Managing Committee, who has filed

nomination but not withdrawn before the last date of withdrawal of candidature, if found,

before or after the election and irrespective of the election result, that she/he is not eligible

Page 66: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 56

to continue, if elected, as Member, Managing Committee under clause 56 of Chapter-8 of

the Articles of Federation shall be debarred for a period of five years from contesting the

election and the member represented by such candidate shall also be debarred for a period

of five years from nominating its representative in FIEO to contest election for any

elective post. Both, the candidate for election and the member represented by him, shall

have to give a declaration, in the prescribed format, along with nomination. The

debarment in this clause is also applicable to a member whose name is proposed to be

inducted as a member in the Managing Committee, on account of casual vacancies, and

who, on giving his consent, is inducted in the Managing Committee.

8. RETURNING OFFICER

There shall be a Returning Officer appointed by the Managing Committee who shall be

an independent person (other than employee of FIEO or members of the Managing

Committee of FIEO or members of FIEO) as the Returning Officer for the conduct of

election till the time of declaration of result. The Managing Committee may, alternatively,

also request the Central Government to nominate one of its officers to act as the

Returning Officer and the officer so nominated shall act as Returning Officer for

conducting the election. The Returning Officer shall conduct the election of FIEO within

the Rules & Regulations framed in the Memorandum & Articles of Association &

Election Bye Laws of the Federation. Immediately on declaration of result, the Returning

Officer shall cease to be the Returning Officer.

9. SCRUTINY COMMITTEE

The Scrutiny Committee shall consist of 5 members including 3 Chairmen of EPCs,

immediate Past President and a Government Nominee as decided by the Managing

Committee. The Returning Officer will be an ex-officio member and shall preside over

the Scrutiny Committee meeting.

Page 67: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 57

PART-II

ELECTION TO THE MANAGING COMMITTEE

10. ELECTION

(a) Elections to the various seats of the Managing Committee falling vacant shall be

conducted by the Federation ordinarily before the expiry of six months from the

commencement of the financial year.

(b) A Member cannot have more than one representative on the Managing Committee

and similarly an individual cannot represent more than one member in the Managing

Committee.

11. NUMBER, QUALIFICATIONS AND ELECTORATE FOR THE MANAGING

COMMITTEE ELECTION

The category of Managing Committee members, the respective number and members

entitled to vote for the seat shall be as under:

CATEGORY No of seats

Category-1 Status Holder 04

Five Star Export Houses;

Four Star Export Houses

and Three Star Export

Houses or any other

equivalent as classified in

the Foreign Trade Policy /

HoP

1 seat from each

Region

(Total- 4)

Members belonging to

Category-1 of the

respective Region shall

alone be entitled to

contest and/or vote for

seat of their Region

Category-2 Status Holders 09

One Star Export Houses

and Two Star Export

Houses or any other

equivalent as classified

in the Foreign Trade

Policy / HoP

1 seat from each

Region

(Total- 4)

Members belonging to

Category-2 of the

respective Region shall

alone be entitled to

contest and/or vote for

the seat of their Region

5 seats

All India Basis

Members belonging to

Category-2, irrespective

of their Region, shall

alone be entitled to

contest and/or vote for

this seat.

Page 68: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 58

12. ASSOCIATE MEMBER TO SUBMIT VALID RECOGNITION CERTIFICATE *

A Member under the Category-1 Status Holder, the Category-2 Status Holder and

Category-3 Regional Chairman shall be entitled to vote only in case valid recognition

certificate is duly submitted to the Federation within four months from beginning of the

financial year. This provision shall come into force w.e.f. 1.4.2019.

13. VOTER LIST

The valid voter list shall be hosted on FIEO website within 30 days from the date of

Notification of Election Process.

14. NOMINATION OF WOMAN REPRESENTATIVE

There shall be one Woman Representative from each Region (in aggregate 4) who shall

be nominated by the President in consultation with the Regional Chairman and such other

members as the President may decide.

Category-3 Regional Chairman 04

Associate Members 1 seat from each

Region

(Total- 4)

Associate Members of

the respective Region

shall alone be entitled to

contest and/or vote for

the seat of their Region

Category-4 Registered Members/Others 05

4A-Service Provider/

Consultancy/ Contractor

Firms

1 seat

All India basis

Members of the

Category-4A members

excluding the Associate

Members shall alone be

entitled to contest

and/or vote

4B- MPG Category, EOUs

& FTWZ/SEZ Units and

State and State Export

Organisations)

1 seat from each

Region

(Total- 4)

Members of the

Category-4B of the

respective Region shall

alone be entitled to

contest and/or vote for

seat of their Region

Page 69: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 59

15. PROCEDURE FOR ELECTIONS TO MANAGING COMMITTEE

(a) Nomination Form: The prescribed Nomination Form for filling the vacancies

shall be sent by Email by FIEO and subsequently will be hosted on the website of

FIEO.

(b) Filing of Nomination Form with Deposits: On or before the date and time as

specified in the Notice for election, each candidate contesting for any

category/sub-category (wherever applicable), shall, either by Registered Post or

Speed Post or by email or in person or by his proposer, between the office hours

cause to be delivered, in a sealed cover, to the returning officer/ designated person

at the place specified in this behalf in the notice, the prescribed Nomination Form

completed in all respect and signed by the candidate and by another person who is

an eligible elector/member of the same category/sub-category (wherever

applicable), as proposer.

Provided further that no nomination paper shall be delivered to the returning

officer/ designated person on a day which is a public holiday.

If delivered by hand, a receipt as per the following on demand may be issued.

“Received one closed envelope said to contain Nomination Form for the Post of

__________” (applicable category/sub-category).

(c) One member one seat: A member can file Nomination Form for only one seat.

(d) Proposer: An eligible elector/member can propose as many candidates under

each category/sub-category (wherever applicable), as he has number of votes

under each such category/sub-category (wherever applicable).

(e) Deposit: No Nomination Form shall be considered valid if a deposit of Rs.

1,00,000/- (Rupees One Lac only) through demand draft in favour of “Federation

of Indian Export Organisations” payable at New Delhi is submitted by the

candidates along with the Nomination Form to be considered as valid. In case, the

candidate gets more than 15% of the valid votes polled, the deposit amount will

be refunded to the candidate. The deposit amount of other candidates shall be

forfeited by FIEO. However, if no candidate gets 15% of the valid votes polled,

the deposit amount of the candidates who got the highest and the second highest

number of vote will be refunded to them. The deposit amount of other candidates

shall be forfeited by FIEO.

(f) Late nomination: Any Nomination Form received after the date and time

notified in the Election Notice shall not be entertained.

Page 70: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 60

(g) Scrutiny and Publication of valid and Invalid Nomination *: The envelope

said to contain the Nomination Forms received by the notified date and time shall

be opened and scrutinised by the Scrutiny Committee appointed by the Managing

Committee. The Candidate filling the nomination shall be allowed by the

Returning Officer to attend the Scrutiny Committee meeting. The Scrutiny

Committee shall prepare a list of valid and invalid nominations. The Returning

Officer shall, under his signature, host the said list of valid Nominations on FIEO

website for information of the candidates and the members. Such list will be

treated as final and binding on all.

(h) Reason to be communicated : The Returning Officer shall send intimation to the

candidate the ground(s) for treating the Nomination Form as Invalid.

16. WEB BASED ELECTION FOR MANAGING COMMITTEE MEMBERS

The election to the Managing Committee members under each category/sub-category

(wherever applicable), shall be conducted by the use of e-ballot.

(a) The e-ballot shall be sent electronically to all the eligible voters by an agency as

approved by the Managing Committee of the Federation.

(b) There shall be no paper ballot, unless otherwise decided by the Managing

Committee.

(c) The e-ballot received on or before the date and time as specified in the Notice for

election shall alone be treated as valid.

17. COUNTING OF VOTE AND DECLARATION OF RESULT

The vote shall be counted electronically under the guidance and supervision of the

Returning Officer by the representative of the agency conducting the web based poll.

(a) The Director General & CEO or his nominee and the candidate or one of his duly

authorised representatives shall be entitled to remain present and witness the

counting of votes.

(b) Immediately after counting of votes, the result of vote polled shall be declared by the

Returning Officer and formally be declared at the AGM and such person(s) shall be

declared elected and shall assume charge of respective post(s) only after the

declaration of the result at the AGM.

Page 71: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 61

PART-III

ELECTIONS OF THE PRESIDENT/VICE PRESIDENT

18. ELECTORAL COLLEGE

The following members of the Federation shall constitute the Electoral College for the

election to the post of the President and the Vice President of the Federation subject to

fulfilment of criteria for valid electorates as laid down for other members‟ election of the

Managing Committee (to receive the membership fee within six months from the

commencement of the financial year by the Federation) :

(a) All Associate members

(b) All Ordinary members

(c)* Registered Member of FIEO under the category of Multi Product Group (MPG)

having export turnover of Rs.five crore or more in the preceding year.

19. CANDIDATE AND PROPOSER

The Returning Officer will call the nomination from the eligible members of the

Managing Committee (Ordinary Members and Associate members) who can file

Nomination Form either for the post of the President or the Vice President, but not for

both.

20. OTHERS

The provision as applicable for election for the Managing Committee Member relating to

Nomination Form, Presentation of Nomination Form with Deposits shall be mutatis

mutandis applicable to the election to the President/Vice President.

21. DEPOSIT

No Nomination Form shall be considered valid if a deposit of Rs.3,00,000/- (Rupees

Three Lac only) through demand draft in favour of “Federation of Indian Export

Organisations” payable at New Delhi is submitted by the candidates along with the

Nomination Form to be considered as valid. In case, the candidate gets more than 25% of

the valid votes polled, the deposit amount will be refunded to the candidate. The deposit

amount of other candidates shall be forfeited by FIEO. However, if no candidate gets

25% of the valid votes polled, the deposit amount of the candidates who got the highest

and the second highest number of vote will be refunded to them. The deposit amount of

other candidates shall be forfeited by FIEO.

* Amended in the EGM held on 25.03.2019

Page 72: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 62

22. DATE, VENUE AND PROCESS OF ELECTION

The election shall be held electronically on the date of every alternate AGM provided it is

not a public holiday. The election shall be held at the Registered Office of the Federation

or at any place in New Delhi/Delhi. When election for both the posts of President and

Vice-President has to take place, the election for the post of President will be held first.

Upon announcement of the Result of the election to the post of President, the election for

the post of Vice-President will be held. Since Vice-President shall be from a different

Region (other than the Region represented by the President), only nominees from a

different Region would be eligible to contest for the post of Vice-President. If the

election is held only for the post of Vice-President/President, the eligible nominee will be

from the Region other than the Region represented by President/Vice-President.

Page 73: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 63

FORMS PRESCRIBED BY THE MANAGING COMMITTEE

FORM - I

LETTER OF AUTHORITY

(To be given on the business letterhead of the member in triplicate)

We, hereby appoint the individual whose names and signatures are attested below as our Authorised

Representative in the FIEO who is hereby authorised, to vote on our behalf and represent us in any

meetings of FIEO.

1. Name of the Member :

2. Address :

3. Status

(Select one) : One Star Export Houses*/Two Star Export

Houses*/ Three Star Export Houses*/ Four Star

Export Houses*/Five Star Export Houses*/

Service Provider/MPG/EPC/Commodity Board/

Association/ Chamber of Commerce/ Institutes

4. Name & Designation in Capital :

Letters of Authorised representative

5. Signatures of Authorised :

Representative

6. Mobile Number of Authorised :

Representative

7. Name, Designation and :

Signatures of Head of

Organisation Or Authorised

Signatory of the Organisation

with seal or stamp of the

Organisation.

8. Attested by Bank/Chartered :

Accountant with seal & Regn. No.

Date : _____(dd)_____(mm)___________(yyyy)

(Subsequently, above authorized representative may re-authorise another person to attend any specific meeting

and he may attest the signatures).

Note : In case of Public Limited Company, the attestation by the Director of the Company, having Resolution of

the Board of Directors instead of Bank/Chartered Accountant, as stipulated in Serial No.8 will suffice.

* or any equivalent status granted in the Foreign Trade Policy.

Page 74: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 64

FORM-II

NOMINATION FORM

FEDERATION OF INDIAN EXPORT ORGANISATIONS

YEAR ..............

The Returning Officer

___________________

___________________

___________________

Dear Sir,

I propose the name of Shri/Smt ______________ (Name in block letters) Authorised

Representative of __________ (Name of the Member) for election as a Member of the Managing

Committee of the Federation of Indian Export Organisations, New Delhi from the following

constituency:

Category-1 Status Holder

Status Holder: Five Star Export Houses; Four Star Export

Houses and Three Star Export Houses as classified in the

Foreign Trade Policy / HoP

Region

North: ( )

West: ( )

South: ( )

East: ( )

Category-2A

Status Holders: One Star Export Houses and Two Star

Export Houses or any other equivalent as classified in the

Foreign Trade Policy / HoP

Region

North: ( )

West: ( )

South: ( )

East: ( )

Category-2B Status Holders

Status Holders: One Star Export Houses and Two Star

Export Houses or any other equivalent as classified in the

Foreign Trade Policy / HoP- All India Basis

Category-3

Regional Chairman Region

North: ( )

West: ( )

South: ( )

East: ( )

Page 75: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 65

Category-4A

Service Provider/ Consultancy/ Contractor Firms

(on all India basis)

Category-4B

MPG Category, EOUs & FTWZ/SEZ Units and State and

State Export Organisations)

Region

North: ( )

West: ( )

South: ( )

East: ( )

(Please tick ( √ ) against the constituency applicable)

Yours faithfully,

(Signature of Proposer)

Name & Designation of Proposer ________________

Official Address ______________

Date __________

I agree to the above nomination. I also certify that I am Authorised Representative of

M/s_____________________ a member of FIEO and eligible as per Article 21, 55 & 56 of

Articles of Rules & Regulations and Article 2 of Election Bye-Laws. The requisite deposit fee as

per Election Bye Laws of FIEO by way of demand draft bearing No._____ dated______ drawn

on____________is attached.

I am also attaching a copy of the Resolution of the Board nominating me as its

Authorised Representative, as per clause 2 (c) of the Election Bye Laws to contest the election

(Applicable only for Public/Private Limited Companies).

(Signature of candidate)

Name & Designation of Candidate ________________

Official Address ______________

Date __________

Page 76: MEMORANDUM & ARTICLES OF ASSOCIATION AND …

ISO 9001 : 2015

Memorandum & Articles of Association and Election Bye-laws of FIEO Page 66

FORM-III

E-BALLOT

FEDERATION OF INDIAN EXPORT ORGANISATIONS

E-BALLOT

(The constituency concerned)

S. No. Name of the candidate Cross Here

Representing Member

1. Shri

2. Shri

3. Shri

Please Note:

1. You can vote for upto two candidates.

2. You can cast maximum of only two votes – one vote per candidate.

3. Please put a cross (X) in the space specially provided against the candidate of your

choice.

4. PLEASE DO NOT SIGN OR MARK THE BALLOT PAPER IN ANY MANNER

THAT CAN REVEAL YOUR IDENTITY.

sd/-

RETURNING OFFICER

NEW DELHI

Please Note

(In the above sample, it has been presumed there are two vacancies and three candidates. This

will differ as per the circumstances)