Constitution & the Rules of FMRAI (As amended in the 22nd Conference 2010)
The name of the Federation shall be ‘Federation of Medial & Sales Representatives’ Associations of India’, to be termed in abbreviated form as “FMRAI” and it shall in the following rules be referred to as the “Federation”.
Any person above 15 years of age working in any part of India in Pharmaceutical and other Industries and establishments on salary or commission or both as Sales Promotion Employees (whatever name called) but without having supervisory or managerial functions is entitled to become the Member, by paying the membership subscription Fee.
The Registered office of the Federation shall be at 48, Chanchal Smruti, Katrak Road, Wadala, Mumbai-400 031, Maharashtra state. The Federation may open braches at any place in India, as and when necessary. Besides the Registered office of the Federation, an operational office shall function at the place where the General Secretary resides. All records and correspondences shall be maintained in English language.
4. AIMS & OBJECTIVES
a) To unify and organize all Sales Promotion Employees and to establish closer relationship between the Affiliated Units.
b) To co-ordinate the activities of the affiliated Units to the Federation.
c) To help to secure to all Sales Promotion Employees better conditions of life and service both socially and economically.
d) To provide all assistance including monetary and legal assistance to the members of its affiliated units, to negotiate matters arising out of or incidental to their employment as far as the resources of the federation permit. This assistance will be given through the affiliated unit.
e) To publish a journal for the Sales Promotion Employees in English.
f) To establish, safeguard, secure rights and privileges of the Sales Promotion Employees by pursuing the demands with Central Government and State Governments.
g) The federation shall establish fraternal relationship with Central Trade Unions and other Federations /Associations and shall be non-commercial body.
h) Generally to assist Sales Promotion Employees to form associations as well as take such other measure that may be necessary, incidental and/or conductive to the attainment of the above aims and objects
i) The Federation may extend its activities in the direction of Social services, cultural activities etc. which it can conveniently undertake.
j) The Federation may collect donation, levy and other financial contribution time to time.
a) Any Associations of Sales Promotion Employees, in any part of India, hereinafter referred to as ‘Affiliated Unit’ may affiliate to the Federation subject to the approval of Working Committee provided such affiliated unit agrees to abide by this constitution and the following Rules and such other as may be made from time to time by the Federation.
a) The Association seeking affiliation to the Federation shall make an application on the prescribed form provided for the purpose, which should be forwarded to the General Secretary of the Federation with Rs.10/- as affiliation fee and an up-to-date list of members.
b) It shall furnish to the Federation the Copy of the Trade Union Registration certificate, duly certified copy of its constitution, list of office bearers and members, copy of audited statements of accounts and balance sheet for the official year, copy of the annual returns and their state Committee resolution seeking for affiliation.
c) Each affiliated unit shall pay special levies if and required by the Federation and pay the same to the Treasurer of the Federation.
d) Each affiliated unit shall furnish to the Federation copy of the annual returns, the membership list and audited statement of accounts along with the membership fee for all the listed members, before 31st March, every year.
The affiliated unit shall pay to the Federation a membership fee of Rs.50/- (Rs.Fifty only) per year per member. Any affiliated unit failing to pay membership fee within three months after the commencement of the next financial year of the federation, shall cease to be a member of the federation. The unit shall be allowed to rejoin the Federation on payment of all arrears and fresh affiliation fee of Rs.10/-.
The unit shall be allowed to rejoin the Federation on payment of all arrears and fresh affiliation fee of Rs.10/-. A delegate registration fee for attending delegate, will be decided by the working committee, will be deposited by the affiliated units to the Federation. Only on such payment of delegate fee and on fulfillment of other requirement as per this Constitution, delegates’ authorization will be issued.
7. MEMBERSHIP REGISTER
A register of all affiliated units and also a list of members on roll of such units shall be maintained at the Head Office of the Federation.
8. INSPECTION OF BOOKS
All registers and accounts books shall be open for inspection at the Federation’s Registered Office to any office bearers of the Federation or any delegate to the General Council or any office bearers of the affiliated units during normal office hours of the Federation after a weeks written notice.
9. COMPONENTS OF THE FEDERATION
The Federation shall carry on its activities through (a) Secretariat b) Working committee (c) General council (d) Conference and (e) The affiliated units.
10. THE MANAGEMENT OF THE FEDERATION
a) The management of the day to day affairs of the Federation shall be vested in the Working committee elected by the conference, held once in here years, from amongst the delegates.
i) The secretariat shall consist of the President, Five Vice-Presidents, One General Secretary, Two Joint General Secretaries, Ten secretaries, and One Treasurer.
ii) The management of day-to-day affairs of the Federation shall be vested in the Secretariat between two working Committee Meetings.
c) The Working Committee shall consist of the members of the secretariat and members not exceeding 0.1 percent of the total valid membership of the year, based on which the conference is being held and such number of working committee members shall be decided by the Conference.
d) OFFICIAL YEAR: The official Year of the Federation shall be from 1st January to 31st December of the year.
e) PERIOD OF OFFICE: The members of Working Committee and delegates in the General Council shall continue in office for a period of 3 years and thereafter until the members of the working committee are elected for the ensuing year by the Conference.
11. a) GENERAL COUNCIL
A General Council shall be elected amongst the delegates in each conference. The members of General Council shall be the General Body of the Federation and will be its authority between two conferences. The meeting of the General Council shall be held once in a year.
The Final authority of the Federation shall rest on the conference, to be held once in three years, and the decision of which shall be taken by 3/4th majority of the attending delegates.
i) The delegates for the conference shall be elected or nominated by the affiliated units. The number of delegates for the Conference shall be the maximum of one thousand and which shall be determined based on the valid membership strength of the year based on which the conference is being held, as decided by the working committee of the federation. Each affiliated unit shall furnish list of delegates with detailed particulars to the General Secretary of the Federation before each conference.
In addition to that, the entire working committee of the Federation will automatically becomes delegates in the conference with voting rights and rights to contest election. The secretariat can nominate one percent of the total delegates for the conference as delegates.
ii) Such Persons, who cannot become the members of the affiliated Units, but who subscribe to the aims and objects of the constitution of the Federation and whose inclusion may be directly admitted as Honorary delegate by the Conference to serve in the Working Committee of FMRAI subject to the condition that their number shall not exceed one fifth of the total number of the said committee. However, such honorary delegates shall not have the right to vote in the conference.
12. VACANCIES AND REMOVALS
Should a vacancy /vacancies occur during the course of the year amongst the Office Bearers in the Working Committee It/those shall be filled by the Working Committee by co-option. Where a vacancy / vacancies is/are caused by a delegate (s), in the Working Committee or the General Council, the co-option shall normally be done by Working Committee or the general Council. Such co-opted member / members shall function as a member / members thereof respectively until the next election in the ensuing year.
13. DUTIES OF OFFICE BEARERS
THE PRESIDENT AND VICE- PRESIDENTS: The President shall preside over all meetings of the General Council and the Working Committee, Preserve order, sign all minutes. One of the Vice-Presidents shall function in the absence of President, as President and in the absence of all of them, a chairman shall be elected to act as President for the time being amongst those
GENERAL SECRETARY, JOINT GENERAL SECRETARIES & SECRETARIES
The General Secretary shall convene all meetings, take minutes of such meetings which shall be read and confirmed at the same meeting. He shall conduct all correspondence and exercise general supervision over the affairs of the Federation shall be responsible for submitting to the Registrar of Trade Union all returns and notices that should be sent to the officer and the Trade Union Act, 1926.
He shall also scrutinize and pass all bills and or vouchers for any expenses incurred on the Federation’s behalf. In the absence of General, one of the Joint Secretaries nominated by the General Secretary or in his absence by the President shall act for the General Secretary and perform his duties.
Zone I shall comprise the States of Assam, Tripura, Arunachal Pradesh, Manipur, Mizoram, Nagaland, Meghalaya, West Bengal, Sikkim, Orissa, Bihar & Jharkhand.
Zone II shall comprise of Uttar Pradesh, Uttaranchal, Rajasthan, Delhi, Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab and Chandigarh.
Zone III shall comprise of Madhya Pradesh, Chhattisgarh, Gujarat, Maharashtra and Goa.
Zone IV will consist of Andhra Pradesh, Tamilnadu, Pondicherry, Karnataka and Kerala.
The Treasurer shall be responsible for all money which may from time to time received into the Federation’s funds and duly banking them into Federation’s account. He shall place a statement of account in every regular Working Committee meeting of the Federation. He shall keep account of the receipts and expenditure against respective vouchers. In the absence of Treasurer, the Working Committee shall nominate one of its members to officiate in his absence.
One vice-president, one of the secretaries of the zone and other Working Committee Members in the zone shall constitute a Zonal Committee for each Zone. The Rules for the Zonal Committees shall be adopted in the Working Committee Meeting and ratified in the General Council Meeting.
a) The Secretariat shall meet once in three months.
b) Working Committee shall meet once in six months.
c) General Council shall meet once in a year.
15. AGENDA AND NOTICE FOR THE MEEITNGS AND MINUTE BOOK
a) Agenda: Meetings called under rules 14 shall consider only such agenda of which a notice shall be given. Any other matter can be taken up for consideration at such meeting, with chairman presiding on such meeting, unless objected to by a majority of the members present at the meeting, and further permitted by not less than 2/3rd of the total strength of the General Council or the Working Committee as the case may be.
b) Notice: The period of notices of such meeting shall be as under:
Notices for the Secretariat and Working Committee Meeting shall be issued by the General secretary in consultation with the President from time to time Notice for the General Council Meeting and Conferences shall be issued in consultation with the Working Committee Members.
i) For secretariat Meetings notices ordinarily shall 30 days and for emergent meeting 10 days.
ii) 30 days for ordinary meetings and 15 days for urgent meetings of Working Committee.
iii) 60 days for any annual and 30 days for any emergency meetings of the general council.
iv) 90 days for the Conference. It shall be once in three years.
v) On a written requisition by at least 1/3rd of the total members of the General Council within 45 days from the receipt of such requisition to transact such business as mentioned in the requisition.
vi) Should be General Secretary fail to call such a requisitioned meeting as referred to in (v) above, the requsitionists shall have the power to call the meeting after giving due notice as required under these rules on such date and place as may be fixed by them. The expenses for such meetings shall be borne by the Federation.
c) Minute Book:
All resolutions passed by the Working Committee or by the General Council of the Federations shall be recorded in the Minutes book kept for the purpose by the General Secretary
16. REGULAR MEETING OF THE CONFERENCE:
The regular meting of the Conference shall be held between 31st December and 30th June that year. The following shall be the items in the agenda of the Conference.
a) To adopt the General Secretary’s report and the audited statement of accounts for the term.
b) To elect the secretariat and Working Committee Members of the Federation.
c) To consider such other subject / subjects as may be forwarded by any delegate or any affiliated unit to the Working Committee of the Federation and accepted by the said body.
d) To transact such other business that may be brought forward by the chairman of the meeting.
The Proceedings of the Conference shall be confirmed in the Working Committee Meeting.
The quorum for Secretariat, Working Committee, General Council and conference shall be 50% of the total number of members / delegates.
a) Operation: The General Fund of the Federation shall comprise of donations, affiliation fees, membership fees from affiliated units, special levies, if any and any savings or interest on investment and or deposits and shall be deposited in a Bank approved by the Working Committee. The account shall stand in the name of the Federation and it shall be operated upon by the Treasurer and President or General Secretary.
b) Not more than Rs. 5000/- shall be kept by the General Secretary and the Treasurer Jointly for current expenses
19. OBJECTS AND ON WHICH THE GENERAL FUND MAY BE SPENT
a) The payment of allowance/or expenses of the office bearers and the Working Committee members and any other such person as authorized by the Working Committee members and any such person as authorized by the Working Committee to carry out the organisational work.
b) The payment of expenses for the administration of the Federation including audit of accounts of the General Fund of the Federation.
c) The payment of monetary aid to unit who wishes to take up defence or prosecution of its member for the purpose of securing or protecting his individual rights against as employer. The federation itself will be entitled to take up any legal proceedings in its own name and is entitled to incur expenses from the General Fund and Federation within limits prescribed in this constitution and/or from the special fund if constituted for the specific purpose. The quantum of aid will be decided by the Working Committee by the majority vote.
d) The provision of educational, social or any other expenses approved by the working committee.
e) The publishing of a periodical, dealing with Sales Promotion Employees.
f) The payment in furtherance of any of the objects on which the General Fund of the Federation may be spent or contributions to any cause intended to benefit medical & sales representatives in general, provided that the expenditure in respect of each contribution if any financial year shall not at any time during that year be in excess of one fourth of the combined total of the gross income which has up to that time accrued to the General Fund of the Federation during that year and of the balance at the commencement of that year.
g) No affiliated unit shall be benefitted out of the funds assets of the Federation by way of bonus, gifts or any other kind of profits.
h) The Federation shall not be liable for any of the debts or liabilities of its affiliated unit nor shall be affiliated units be liable for the debts or liabilities of the Federation.
20. ANNUAL AUDIT
The Federation shall make due provision for the Annual Audit of the accounts of the Federation by competent auditors appointed by the Working Committee in accordance with Rule 18 of the Bombay Trade Union Regulations, 1927.
The Working Committee will nominate 2 internal auditors from amongst delegates to the Conference.
21. AMENDMENT OF RULES
The rules may be amended, altered, replaced, rescinded or adhered to by 3/4th majority of members present at the Conference meeting provided previous notice of at least 30 days notice given to the affiliated units of the proposed change.
22. DISSOLUTION OF THE FEDERATION
The Federation shall not be dissolved except by a vote of a majority of three-fourth members present at the Conference Meeting called for the purpose provided the total number of votes cast at such meeting is not less than two-third of the total number of members than on the Conference of the Federation. The funds of the Federation, after meeting all liabilities, shall be disposed of in accordance with the decision of the dissolution meeting.
23. DISCIPLINARY ACTIONS
i) The Working Committee shall have the power to disaffiliate any affiliated Unit which is willfully working against the interest and the constitution of the Federation.
ii) The working committee is empowered to reprimand or suspend or expel any member if such member having acted contrary and prejudicial to the interests or against the Rules & Regulations or in a manner which undermines the prestige of the Federation; misappropriated the funds, deliberately indulged indiscipline behavior and sabotage the functioning of the Federation. Before taking such disciplinary action against any member, he/she shall be fully informed of the charges and other relevant facts against him or her and he or she shall have the right to submit his or her explanation.
iii) In the event of any actions taken as per ARTICLE 23, ii), the aggrieved member shall have the right to appeal to the General Council.
iv) No affiliated unit shall initiate any disciplinary action against Secretariat or Working Committee Members without taking proper sanction from the Working Committee.