Tamilnadu Engineering Association

--- Tamilnadu Engineering Association - PWD ---

Byelaws

OBJECTS :

The objects of this association shall be as follows:-

To render efficient service to the National and participate in building up a Socialistic Society.

To safeguard and promote the interests and rights of members of the association and to get redressal of their grievances.

To elevate the Engineering profession and to raise the standard of the profession.

To promote social, educational, economical, moral and cultural uplift of members as well as Nation.

To putforth an economic solution in the implementation of Schemes.

To provide further education for members on Engineering.

To conduct journals for the uplift of Technical and General-Knowledge of members.

To strive for solving unemployed and under-employed problem of Engineering personnel.

To get affiliated with any of the like-minded Association in this nation.

Definitions:

“Member” means the person who have been qualified and enrolled by paying the annual subscription to any of the branches in Tamilnadu in a year.

“Associate Member” means the person who have been fully qualified to hold the post of “Members” and are under-employed for want of vacancy but enrolled by paying the subscription to any one of the branches in Tamilnadu in a year.

“Honorary Member” means a retired member on superannuation who was requested by this association to continue his activities for this association. No enrolment fee is necessary for such of those members.

“Life Members” means persons who paid the subscription covering the life time of the member as per subscription fixed from time to time.

“Association” means the central unit of this association having jurisdiction of entire Tamilnadu with its headquarters at Madras.

“Branch-Association” means the sub-unit of the Association having defined jurisdiction as authorised by this association.

“Year” means normally the calendar year beginning with January to December.

“B.G.C” means Branch Governing Council comprising of Branch office bearers and Branch working committee members.

“BWC member” means the elected member at the rate of one per every ten member.

“B.G.B” means the General-body of the branch association consisting of all the members in the rolls of respective branch.

“GC” means the General Council of the association comprising of Central Office bearers and branch office bearers.

“CEC” means the Central Executive Committee comprising of Central Office bearers, branch secretaries and One Central Executive Committee member from all the branches.

“CC” means the Central Cabinet of the association comprising of all the Central Office bearers.

STRUCTURE OF ASSOCIATION :

Branch Unit:

Branch Cabinet” consists of the following office bearers elected by the Branch General-body once in a year.

Chairman 1

Vice-Chairman 1

Branch-Secretary 1

Joint-Secretary 2

Treasurer cum CEC Member 1

Total 6

In addition, Branch working committee members at the rate of not less than one for every ten members in the branch are also to be elected. While fixing the No.of B.W.C. members the No. is to be arrived by rounding off to the next higher even number. Branch Cabinet and Branch working committee members constitute the “Branch Governing Council”

The Term for the office bearers so elected by the Branch General Body will be one year from the date of election.

Central Unit:

“Central Cabinet” consists of the following office bearers elected by the “General Council” of this association.

President 1

Vice-President 1

General Secretary 1

Secretary –Organisation 1

Secretary –Publication 1

Secretary –Finance 1

Secretary –Legal 1

Secretary –Head Quarters 1

Secretary-Pongum Nidhi 1

Zonal Secretary North 1

Zonal Secretary South 1

Zonal Secretary East 1

Zonal Secretary West 1

Total 13

The General Council consists of Central Office bearers and Branch Cabinet members. The election is to be preferably conducted in a central place of Tamilnadu (viz). Tiruchy to have a fairly uniform expenditure to all the branches. The “Central Executive Committee” Constitutes of Central Cabinet with Branch Secretaries and one C.E.C. Member from every branch besides the members of the previous cabinet who have not elected in the succeeding election.

The term of Central Cabinet, General Council and Central Executive Committee shall be one year from the date of election.

SRELATION BETWEEN CENTRAL/ BRANCH UNITS:

All the Branches in Tamil Nadu will be under the overall control of Central unit. Any issue affecting the interests of the members purely within the respective branch jurisdiction shall be dealt with by the Branch unit directly as it decides. But on all issues of common nature, Proposals are to be sent to the Central Unit as and when felt by the Branch Unit. Central Unit in turn will review the matter in detail and can deal directly or issue directive to Branches.

Any resolution passed in Central Unit has to be adhered to by all the Branches.

FUNCTION OF VARIOUS STRUCTURES :

Branch General Body:

General :
Branch General body comprising of every member in the rolls of respective Branch or any other branches members, transferred on duty to one of the places having jurisdication to the branch recently. The membership-certificate issued on payment of subscription fees is to be brought by the respective member during General body meeting. In case of dispute the member unable to produce the Membership certificate to the General-body shall not be allowed to avail voting power. Branch General body shall be convened not less than twice a year on February and August. The quorum shall be 15 members of 50% of total members whichever is less. Members incidental charges are to be borne by themselves. The branch shall incur expenditure for light refreshments served during meeting hours subject to the availability of funds. Meeting shall be convened by Branch Secretary with 15 days time notice atleast.

Functions :
The activities of Branch General Body shall be as follows:-

To discuss and pass resolutions on any object of this association.
To run Technical clubs for improving the technical knowledge of members.
To consider and admit the audited accounts.
To elect Branch Governing Council members.
To raise funds for the benefit of association.
To donate any amount from its funds to official organisations directly.

BRANCH GOVERNING COUNCIL :

General :
Branch Governing Council Constitutes of all elected Branch Cabinet members and Branch working Committee Members. This meeting shall generally be convened by the Branch Secretary before the conduct of Central Executive Committee with a notice of 7 days time. The quorum shall be 60% of the total members. All the incidental and travelling charges for these meetings shall be borned from the Branch funds if branch desires.

Functions :
The Activities of the BGC shall be as follows:-

To discuss and pass resolutions on the subject included in “Agenda” for the ensuing CEC.
To give directives to Branch Secretary and CEC Member in respect of Branch association’s stand.
To include any other subject for the CEC.
To put forth any practical difficulties in settling the arrears due to association and to find out a solution.
To bring to the notice of any anti-association propaganda or mis-propaganda by any member in its jurisdiction for proposing disciplinary action.
To donate any amount from its funds to official organisations directly.

BRANCH CABINET :

Functions :
The following activities of the BC shall be as follows:-

To represent in person and explain the grievance to the local official on the issues by BGC and BGB.
To effectively organize the branch day by day and to try to enroll all the qualified members of their branch.
To inform the Central Cabinet members regarding the views under consideration.
To evaluate a solution for clearance of arrear funds from members.
To meet the Hon. Minister and authorities concerned while on camp in their jurisdiction for presenting copies of memoranda drafted from Central Unit and to explain in detail, Wherever time is permitted.
To keep informed on the major demands in details such of those to be passed by legislature to the local M.L.A’s and M.L.C’s and its development then and there.

GENERAL COUNCIL :

General :
General council consists of all the Central Cabinet and Branch Cabinet members. The quorum for all its meetings shall be 60% of its full strength. General Council shall be convened not less than once in a year during August-September. The expenditure for the branch office bearers for their journey to be borne by the respective branches in full and in case by Central Office bearers, by the Central Unit in full. The meeting shall be convened by the President in the Centre of State preferably at Tiruchy with a notice of not less than 15 days time. All branches to remit 100/- to the Host branch arranging the General Council. In addition, the Central Unit will pay Rs. 500/- for the above purpose.

General Council shall be convened by the President more than once a year when atleast 60% of the branches write to Central Unit or when the president feels necessary in the interest of the association activities.

Functions :
The activities of the General Council shall be as follows :-

To discuss and decide any issue as a supreme body of this association.
To elect the Central Office bearers.
To control the funds of this association.
The General Council is empowered to pass no confidence motion on Central Office bearers by a majority of not less than 2/3 of members.

CENTRAL EXECUTIVE COMMITTEE :

General :
Central Executive Committee consists of all Central Office bearers, Branch Secretaries and one CEC member from each Branch besides the ex-office bearers of the previous set up. CEC to be convened atleast once in 3 months by rotation at each Branch headquarters or in places as decided by the Branch concerned, by General Secretary with a notice of not less than 15 days time. The quorum shall be 67% of its member.

The expenditure towards to convening of the meeting shall be met with by remitting Rs. 75/- by all branches. In addition Rs. 300/- to be paid by the Central Unit. CEC shall be convened by the General Secretary when atleast 67% of the branches write so to the General Secretary or when the president feels necessary.

Functions :
The activities of the CEC shall be as follows:-

To discuss and pass any resolution on any of the subject in the interest of association.
To suggest various proposals for the effective and economical administrative in P.W.D.
To nominate Sub-Committees on defined subjects and to fix up their jurisdiction.
To raise funds and to fix up targets to branches.
To reappropriate the fund allotted under each head.
To consider and pass on the audited annual accounts.

Powers :

The CEC has to authorise for filing ‘Suits in any Court on the issues affecting the interests of atleast 10 members after obtaining the legal opinions.
To affiliate with other Engineering association in this nation having similar objects provided that this association is governed by its own constitution in respect of the activities affecting the members.
To donate funds to any official organization in the interest common cause in cases of cyclone, flood, famine and other natural calamities.
To amend the constitution endorsed by not less than 67% of the members attend the meeting.
To fill up the vacancy in CC fill next GC.

CENTRAL CABINET :

General :
General : Central Cabinet consists of all the Central Office bearers. The quorum shall be eight members including three members from moffusal. Central Cabinet shall be convened by the General Secretary once in a month preferably at Madras. Incidental and travelling charges to members shall be borne by the Central Unit in full.

Functions :
The activities of the Central Cabinet shall be as follows:-

To discuss and decide the mode of follow up action on the lines of resolutions passed in CEC.
To meet and discuss with authorities concerned on the affairs in consideration.
To devote any timely consideration on any emergent issues affecting the interests of this association.
To meet the Honourable Ministers concerned in delegation for explaining the demands in person.
To nominate Honorary members of this association.

MEMBERSHIP :

All the Government servants employed under the Tamil Nadu Engineering Services and Tamil Nadu Engineering subordinate services are qualified to be “Members “ of the association.

Persons qualified to enter in service in any of the above two services but are under employed in P.W.D. for want of vacancy are permitted to be “Associate Members” of the association.

Persons retired from any one of the above two services and who had been requested by the Central Unit to be “Honorary Member” of this association .

All the members should abide by the ‘Code for members’.

Subscription from Members :

The annual-subscription means the subscription for one calendar year. The annual subscription for membership will be Rs. 50/- per annum, payable in one instalment before the end of January in the respective year.

Membership fee at the above rates shall be collected from ‘Members’ and ‘Associate Members’. No fee will be collected from Hony. Members. But donations will be accepted.

The annual subscription from members who joined in service in middle of the year shall be collected within two months period from the date of joining duty in the middle of the year.

The member of the preceeding year shall be member in succeeding year till the due dates fixed above.

Membership from any branch will be transferable to any other branches consequent of transfer on duty. In such cases it shall be the duty of member concerned to inform both the branches and Central Unit quoting old and new address with the Membership No. assigned to every individual.

ALLOCATION OF SUBSCRIPTION FEE :

The allocation of subscription fee collected shall be made as decided from time to time.

Privilages to Members :

All the members will be allowed to avail the benefits obtained, subscribe articles to journals, to express their views freely and frankly in the appropriate meetings or to correspond through the branch concerned. However common issues on the interest of not less than 5 members of the association shall alone be considered in addition to the objects of this association.
A copy of monthly journal shall be sent to every member directly by post regularly till the membership continues.
Full pledged members shall be allowed to vote in the Branch general body meetings.

RELEASE OF DIARY :

For this purpose a “Diary Committee” of 5 members be nominated by the CEC every year by the month of July. The ‘Central Cabinet’ members shall be the Ex-officio members to this Sub Committee. This Committee is fully empowered for fixing tariff to advertisements, compilation of diary collection of advertisements directly through branches, Selection of printers, Proof correction and for the release of ‘Diary before 15th December of that year.
The ‘Diary-fund’ shall be transacted by the Central Unit under the control of Diary Committee. Any drawal shall be regulated on written requesition from the Diary-Committee Chairman.

RESIGNATION :

Resignation of membership shall be considered and accepted by the concerned Branch General body if there is no loss to association on the grounds furnished by members in writing to the Branch-Secretary.
Resignation of any Central Office bearers shall be addressed by member concerned to President in writing. The grounds shall be considered in CEC meeting can be accepted if there is no loss to the association.
In cases of any charges which cannot be ratified a legal proceedings is to be taken on the concerned, by Branch general body or CEC on cases of Branch and Central respectively.
Vacancy caused so shall be filled by the respective BGC or CEC as the case may be.

SUSPENSION OF MEMBERS :

Any number of the association shall be first served with a show cause-notice by the President or Chairman stating why not the member be suspended on finding fault either one of the following grounds or any other ground as decided by BGC or CEC as the case may be:

Anti-association movements.
Disobedience on the “Code for Members”
Evasion for the remittance of funds collected on behalf of association.
Misappropriation of machinery for personal benefits.
Misuse of association machinery.
Non-cooperative in association movements.
Dismissal from service on reasons where there is no chance for any appeal in court of law.

A time limit of 10days shall be allowed for offering concerned member’s reply. Failing which, or on unjustifiable reply the BGC or CEC is empowered to suspend the member either temporarily or permanently in cases of Branch and Central respectively.

DUTIES OF OFFICE BEARERS :

The following shall be the duties and lookouts of the respective members.

CENTRAL UNIT
a) President :

To have overall control on central unit and all the branches of the association.

To convene emergent meetings of CC, CEC and GC over looking the normal notice to members considering the depth of issues.

To convene emergent meetings of CC CEC and GC over looking the normal notice to members considering the depth of issues.

To watch closely the interest of all sections of service.

b) Vice President :

To perform the duties of President in the event of absence.

c) General Secretary :

To represent, explain and discuss with authorities and Hon’ble Ministers concerned on the stand of this association.

To convene GC and CEC meetings.

To operate in the joint account of this association.

To scrutinize the justification of bills received and to pass them before payment.

To engage the services of a part-time or full time clerk and office –boy to assist in his work considering the funds available.

To issue “Press-releases” on the lines of resolutions passed in GC, CEC and CC meetings.

To participate in other like minded association’s meetings for gathering support as to express the association stand and activities etc.

To obtain legal opinion on such of the issues, the GC decides.

To present an annual budget in the CEC by February of every year.

To incur expenditure on purchase of articles in the interest of upkeep of association office. Such of those items cannot be met with from the funds available, a specific approval of CEC shall be obtained.

d) Secretary-Organisation :

To effectively organize, to build up the association day by day.

To perform the duties of General-Secretary in his absence.

To communicate the minutes of GC, CEC and GC meetings within a week’s time.

To correspond with the branches on the activities in move.

The following records are to be maintained :

Membership Register

Minutes book

History book

e) Secretary-Publication :

To be the Editor and Publisher of the monthly journal “Poriyiyal Kadir”

To select and publish articles strictly on the lines of decisions taken by the association.

f) Secretary-Finance :

To receive and acknowledge by issuing necessary printed receipts for the sums received due to this association and to remit all such collections then and there into Joint-Account in favour of TNEA, PWD., Madras-5” in one of the Nationalised Banks.

To disburse on all the claims with proper acknowledgement and preserve them under his custody.

To maintain the following Registers :
1. Cash Book 2. General Ledger 3. Register of Receipt Books.

TTo prepare receipt and charges statement twice in a year (viz) to end of March and July.

To close the cash book at the end of every month and should be got reviewed by the CC.

To keep a cash balance of Rs. 1000/- for meeting out incidental charges then and there. Transactions more than Rs.100/- shall be issued by cheque wherever possible.

To admit and reimburse the permanent imprest at Rs. 200/- to all Central Cabinet member.

g) Secretary – Legal :

To obtain the legal opinion on such of issues, the GC decides.

To follow up the legal activities of the association.

To effectively organize the collection of legal fund and to maintain a separate ledgers showing the details of legal fund received from the individual members branch wise and legal expenses incurred upto date.

h) Secretary-Head quarters:

To be incharge of the office functioning, administration and its upkeep.

To be incharge of all the movable and immovable properties of the association.

To look after the personal grievences received from the members through the concerned branches.

To effectively watch the Quartely meetings convened by the Superintending Engineers.

To maintain the following records:

i) Secretary –Ponkum Nidhi :

To be incharge of the Ponkum Nidhi transaction as per Ponkum Nidhi Rules.

To maintain all the related records, cash book of Ponkum Nidhi.

To effectively watch on the Ponkum Nidhi functioning.

BRANCH OFFICE BEARERS
a) Chariman :

To function as a leader of the Branch.

To preside all the General body, informal, working Committee and Branch Cabinet meetings.

To issue press-relese on respective Branch unit activities.

To represent and explain the authorities incharge within the branch jurisdiction on the association demands.

b) Vice-Chairman:

To assist the Chairman to render his duties on all the activities.

To perform all the duties of Chairman on his absence.

To guide the Branch Office bearers.

c) Branch - Secretary:

To be incharge of the respective branch in all its activities.

To communicate the minutes of all the meetings to Central Unit and Branch members within a week time.

To convene BGB Informal, BWC meetings etc, considering the necessity and circumstances prevailing.

To represent the views of Branch members in CEC meetings.

To enroll members.

To have a control of all receipts of “TNEA, PWD Branch” is to be maintained in any one of the Nationalised Banks.

To close the Receipts and charges account at the end of March and July of every year and to present the same to the ensuing BGB, BWC, CEC meetings.

To represent and explain the authorities in charge within the respective Branch jurisdiction for the redressal of grievances on the lines of the association’s stand.

To maintain the following records and to keep custody of them.

Membership Register

Minute Book

Stock file

Correspondence files

Despatch Register

Stamp account

To administrate a small office and to keep custody of all the belongings to the association with the assistance of members in head quarters and if necessary with a part-time employee, subject to the availability of funds.

d) Joint Secretaries :

To assist the Secretary for rendering his duties.

To perform all the duties of Branch Secretary in his absence by the Joint Secretary nearer to the Branch Head Quarters.

To mobilize and strengthen the Branch Association by explaining the activities of this association then and there to members by allocating the Branch jurisdiction among both the joint Secretaries.

e) Branch-Treasurer-Cum-CEC Member:

To receive and acknowledge by issuing necessary printed receipts for the amount due to association

To disburse on all the claims for the claims made to the association.

To have a cash balance of Rs. 100/- for such incidental expenses and any amount than that shall be paid by cheques wherever possible.

To maintain the following registers.

Cash book

General Ledger

To keep custody of all the records on every transaction in the respective branch.

To prepare Receipts and Charges statement twice in a year(viz) March and July and to present them in the ensuing BGB, BGC & CEC.

To reimburse a permanent imprest of Rs. 50/- with the Branch Secretary for petty expenses.

To be liason member between branch and central unit by representing the Branch Members views in CEC Meetings and to explain the discussions taken in CEC to the Branch meeting.

To be representative of Central unit in the Branch for the collection of arrear funds, subscription fees to the Central Unit.

To accelerate the movement of members by explaining the causes for success, evasion and failure on the association activities.

UPKEEP OF ACCOUNTS
Central :

All the receipts and charges shall be credited and debited respectively to the joint account in favour of “TNEA, PWD, Madras-5’ in one of the Nationalised Banks. The Secretary Finance to maintain the Cash book and general ledger. The funds under various heads (viz) members subscription, Diary-funds, Poriyiyal Kadhir, Building fund etc. shall be detailed in the general ledger which shall be a ready reference. The Chairman of any sub committee nominated shall have powers to draw on request in writing.

Branch:

Similar to Central Unit a joint account in favour of ‘TNEA, PWD……….Branch’ shall be operated in the branch of the bank so that ‘Mail transfer system can be adopted with least expenses to branch association. The other rules govern Central Unit shall hold good to Branches also.

Audit of Accounts

An audit committee of 3 members including a chairman shall be elected in the General Council or General body as the case may be of Central or Branch unit once in a year.

Formation of Sub-Committees

The CEC is empowered to nominate any sub-committee on defined subject, jurisdiction, time limit, persons in the interest of a clear concentration to carry out the association activities. In all such committees, the central cabinet shall be ex-officio body to guide in appropriate time.

Publication of Monthly Journal

Publication of Monthly Journal ‘Poriyiyal Kadir’ shall be the monthly journal to all members for enlightening the development of various activities of this association and like minded association. It shall be despatched to all members directly by post every month. All members shall avail the previlege of contribution articles to this journal and they are to be sent to the ‘Secretary-Publication-Cum Editor’

“Code for Members”

All the members of this association should be

- Honest in rendering duties.

- Decent in activities.

- Judicious in raising demands.

- Efficient and able investigator, Designer, Executer Controller, Organisor and Observer and to be
Co-operative with the Nation Builders (viz.) Engineers.

‘Oath of confidence’ from all the members shall be taken in the commencement of meeting once in a year as below:

These codes shall be read out by the Chairman/President in respective meetings of the various structures by including ‘I will be in the beginning of every code and shall be repeated by all other members.

“Code for Conduct of Meetings“

The agenda for respective meeting should be sent to the respective members direct in accordance with the time limits stipulated. The members should handover their resolution proposed in duplicate to the General Secretary or Branch Secretary as the case may be before the commencement of meetings. Another copy may be circulated among other members for their discussion before starting the meeting and out of meeting hours. As per Agenda, the matters may be taken up for discussion. If any new resolution is to be made at the time of meeting, then the same is to be neatly written and to be handed over to the President in Chair.

The minutes of the last respective meeting should be readout first and action taken by the respective office bearers on the resolution passed should be explained at the commencement of meeting.

When any member is unable to attend the meeting due to some unavoidable circumstance; the respective members should give an authorisation for another member of this Association by writing a letter to the President and General Secretary. Then only the authorised member can be allowed to represent in the meeting. If no authorization was produced, the non-members can be permitted to be an observer of the meeting, but no voting chance be given. This will surely minimize the frustrations, unwanted discussion, unnecessary displeasure and mainly it will save the precious time to everybody.

During discussion any member, who want to express his views get up and obtain the permission of President in Chair. Nobody should be allowed to interrupt another member views before the first member concludes his views. The members can take a note of others and should be allowed to express their views in their turn.

The observes should be allotted separate seats.

The elected members of either branches or Central Unit unable to attend the respective meetings should mention the reason for his absence. Such office bearers absent for 2 meetings consequently, should express their regret in writing and a note is to be recorded in the minutes.

In case of difference of opinions, the majority members view shall be final which shall be known by voting.

As soon as a ruling was passed by the President-in-Chair the matter is deemed to have been concluded and there should not be any further discussion. This will promote some better sense of regard to our association’s leadership.

whenever a special invitee is invited to any meeting an announcement is to be made by the President at the outset of the meeting.

All the meetings should end with National Anthem.

“Election of office bearers”

Branch

The branch general body to be convened once in every year in July shall elect the branch office bearers for one year time from the date of election. All the members of this association. Who have paid the minimum amounts fixed then and there in various heads, qualifies for contest in this election: ‘Associate members’ and ‘Honorary members’ are not qualified for contest, though they are also empowered for voting. In case of contest the majority votes of members attend the meeting shall be final. Members can be selected in absentia provided the proposer produce the consent letter from the persons who is proposed for officerbearer. In case of equal number of voting in contest the result of a lot shall be the final.

Central

The GC to be convened by the General Secretary with 15 days time at the Centre of Tamil Nadu during August – September of every year shall elect the Central Office Bearers Any ‘member’ as defined under clause(5.1.9(a) of this constitution is eligible for contest in the election provided they are ready to work in the association head quarters during his term of office bearer. Last date for receipt of nominations can be fixed 10 days earlier to the GC meeting and to be published in the monthly journal of this association. The nominations should be sent to the President in the Proforma given in conclusion,through the respective branch as and advance copies can be sent direct.
All the nominations so received shall be scrutinised and the final list of members in context is to be announced in the GC meeting. Some time shall be allowed for withdrawal from contest. On completion of withdrawal, members in field can be allowed to express their views in the GC meeting. In all the case of contest the majority of votes shall be final. The president in chair shall be in neutral. In case of equal number of votes the result of lot shall be final.

PROFORMA FOR NOMINATION

To
The President,
Tamilnadu Engineering Association, P.W.D,
Madras – 600 005.

Through ……………………………………Branch

Dear Sir,

I proposed Er………….L.M.No. (or) M.No……………..a member of ……………Branch to be …………………of the Central Unit of Tamilnadu Engineering Association, PWD, Madras for the year…………………………………..

Yours faithfully,

Dear Sir,

I second the above nominee,

Yours faithfully,

Dear Sir,

I am willing to hold the post of …………… for the year……………..I am quite aware of the Constitution of our association and I will be loyal to our association whether I win or loose in the contest.

Yours faithfully,

CERTIFICATE OF BRANCH SECRETARY

This is to certify that all the above three members are members in this branch and have no dues to this association.

Branch Secretary
………………..Branch

Term for Office Bearers

It shall be normally one year from the date of election and shall be continued till next elections are conducted.

Interpretation

In case of interpretation in this constitution the decision of CEC shall be final.

Amendment

The CEC is empowered to amend this constitution on endorsing by 67% of the members attend the meeting.

RULES AND REGULATIONS FOR PORIYALAR KUDUMBA NALA NIDHI (PONKUM NIDHI)

The name of the Nidhi shall be the PORIYALAR KUDUMBA NALA NIDHI, herein after refer briefly a PONKM NIDHI.

The scheme and the Rules of PONKUM NIDHI shall come into force from the 1st day of January 1983.

The aims and objectives of the PONKUM NIDHI are :-

To provide immediate reliefs to the nominee or the family of the members of the Nidhi, who die while in service.

To provide immediate financial assistance to the Members of the Nidhi who are obliged to retire prematurely on account of total or partial disability, either physical or mental or both.

In these rules, unless the context otherwise requires or where it has been specifically stated otherwise : :-

Committee :Means the TNEA Central Cabinet constituted in accordance with these rules, for the purpose of administering the Nidhi in accordance with the aims and objectives of the Nidhi and include the adhoc committee nominated by the general council of TNEA for the purpose of initial formation and administration of the Nidhi, till elections are conducted and for conducting the first election.

Disability : Means the total or partial disablement of the member of the Nidhi and deprivation of earning capacity of the member during his member-ship of the Nidhi due to accident, decease, mental causes or otherwise.

Family: In relation to a member, shall be deemed to consist of

In the case of the male member, himself, his wife, his children whether married or unmarried, his dependant parents, the widow and children of his pre-deceased son, if any.

In case of female, member, herself, her husband her children whether married or unmarried, her dependant parents, the dependant parents or her husband, the widow and children of her pre-deceased son, if any.

Provided that if a female member, by notice in writing to the Secretary of PONKUM NIDHI, expresses her desire to exclude the dependant parents of her husband, they shall no longer be deemed, for the purposes of getting benefits under the PONKUM NIDHI scheme, to be included in the family of such female member.

Explanation:
i) Where the personal law of any member permits the adoption of a child, any child so lawfully adopted by the said member shall be deemed to be included in the family of such member.

ii) Where the personal law or any members permits him to many more than one wife, all the or such members shall be deemed to be member of his family.

Fund means PORIYALAR KUDUMBA NALA NIDHI (PONKUM NIDHI)

Financial assistance means the amount payable to the member or his nominee in accordance with the reliefs provisions under these Rules, in the event of total or partial disability, either physical or mental or both, to the member who is obliged to retire prematurely.

Member: Means any person, male or female in Engineering Service of PWD, either working in the parent department or on deputation to any other department and who is a member of TNEA and who has fully contributed the prescribed subscription to the fund, as stipulated under these Rules.

Nominee: Means a person or persons nominated in writing by the member in Form I, at the time of his enrolment as a member, for receiving the relief, assistance or refund, as the case may be.
EXPLANATION :
- A member in his nomination may distribute the amount payable to him among more than one nominee and may specify the ratio of division among them.
- If the member has a family at the time of making the nomination, the nomination shall be made infavour of one or more members of his family and any nomination made by such member in favour of a person who is not a member of his family, shall be void.
- If at the time of making the nomination, the member has no family, the nomination may be made in favour of any person or persons but if the member subsequently acquires a family, such nomination shall forthwith become invalid and the member shall, within one month of such acquisition of family, make a fresh nomination in favour of one or more members of his family.
- A nomination may be, subject to the provisions of sub-rule (ii) and (iii) above, modified by any member at any time after giving to the Secretary of the Fund, a written notice of his intention to do so. Such modification of nomination has to be incorporated in the certificate of membership issued by the patern mids and has to be signed by the members and countersigned by the Secretary.
- If the nominee predeceased the member, the interest of the nominee shall revert back to the member who shall make fresh nomination within one month of the death of the nominee, in respect of such interest.
- Refund : Means the amount payable to the member of the Fund in accordance with the provisions of these Rules, on the retirement of the member, either voluntary or due to superannuation from service or on termination of his membership for reasons other than death or total or partial disability.
- Relief: Means the amount payable to the nominee of a member or where there is no valid nomination, to the family ‘members of the member, in the event of the death of the member of the Fund.

a)     The member-ship of the Fund shall commence on and from the 1st day of the month, in which the Committee’s acceptance of the application for member-ship is communicated to the applicant on payment of full subscription.

b)     The decision of the Committee regarding the acceptance or non-acceptance of the application for member-ship shall be final. The Committee has the right to reject any application with or without assigning any reasons in the interest of the TNEA and its members.

c)     No application for member-ship shall be accepted by the Committee unless the application is accompanied by the nomination form prescribed in schedule II hereunder, duly filled in and signed by the applicant and forwarded by the Branch Secretary of TNEA.

d)     The member-ship of a member may continue even in the event of the transfer of such member to any other Engineering Organisation on deputation or lien, provided that the member-ship is not terminated for any of the reasons laid down in these Rules and the member expresses in writing, his desire to continue his member-ship.

a)     Every member shall pay a sum of Rs.500/- to the fund either in lumpsum or in five equal instalments of Rs.100/- each or in less number of instalments but within a period of six months from the date of acceptance of the first instalment. The first instalment shall however be not less than Rs.100/-.

b)     The payment of the sum as provided in sub-rule(a)above shall be made in crossed Bank Drafts only to the Committee and shall be sent through the concerned Branch Secretary of TNEA or directly to the Committee’s office at Madras under intimation to the concerned Branch Secretary.

c)     An admission fee of Rs.5/- (Rupees Five Only) shall be paid by each applicant at the time of sending his application for member-ship after 1.1.1983.

d)     The Secretary (Ponkum Nidhi) of the Fund shall issue a receipt to the applicant immediately after receipt of the sums paid towards the subscription of the applicant.

a) If any member happens to die while in service, due to accident, suicide, disease or other causes, his nominee or the members of his family as the case may be shall be paid the sum specified in col.a)hereunder depending on the period of member-ship of such member in the fund, as given in the statement of amount payable, Vide5.2.25.

b) On receipt of information about the death of the member, the concerned Branch Secretary shall contact the nominee or any of the members of the family and obtain from him a letter in the prescribed form given in Form II hereunder, along with a copy of the death certificate from the concerned Panchayat, Municipality or Corporation, or the Engineer under whom the member was working at the time of his death and forward it to the Committee with the recommendations. The committee shall meet within 15days of the receipt of the claim and pass the amount for payment by cheque to the nominee or the person or persons entitled thereto, personally by the Branch Secretary or a Committee member. The claim shall as far as possible, be settled within 30days of the receipt of the claim.

a)     If a member sustains total or partial disability, either physical or mental due to accident, disease or otherwise, and thereby he loses the earning capacity either permanently or temporarily, he , or his nominee or his family members as the case may be, shall be paid such sum as may be specified by the FUND hereafter, depending on the period of membership of such member in the fund.

b)     On receipt of information regarding the disability of the member, the concerned Branch Secretary, shall contact the member of his nominee or any of the members of the family, as the case may be and obtain from his, a letter in the prescribed form No. III hereunder, along with a Medical Certificate from Registered Medical Practitioner working in any Government Hospital and forward them to the Committee with his recommendations. The committee shall meet within 15 days on receipt of the claim and pass the amount of financial assistance for payment by cheque to the member, his nominee of his family member as the case may be, personally by the Branch Secretary or the Committee member. The claim, shall, as far as possible be settled immediately but not later than 30 days on receipt of the claim.

c)     The Medical Certificate specified in Sub-Rule(a) above shall state the nature of disability whether partial or total, and physical or mental.

d)     A member who receives the financial assistance, shall be entitled to get refund from the Fund.

a)     A member who does not come under the category specified under Rule 7 or 8 above, and who retires from service due to superannuation or by voluntary retirement or whose services have been prematurely terminated for any reason, shall be entitled to refund of the sum specified in the statement (5.2.25) depending on the period of membership of such member in the Fund as given in the col.(b) of the statement.

b)     A member who is entitled to refund by virtue of superannuation or voluntary retirement shall apply through the Branch Secretary not less than one month before the date of such superannuation or voluntary-retirement, giving details of his certificate number etc. in Form IV and the Branch Secretary shall forward the same to the Committee with his remarks. The Committee shall deal with the application expeditiously and pass the amount for payment by cheque to the member but not later than 30 days from the date of superannuation or voluntary retirement.

c)     A member whose services have been terminated or who is removed from service or retired due to superannuation on or out of his own voluntary retirement shall apply for refund and the procedure prescribed in sub-rule (f) shall be applicable regarding the mode of application and payment of sum to the member.

d)     If a member dies or suffers disability, after termination of service but before the refund is made, the refund shall be paid to the nominee or the family member, as the case may be, in case the member is unable to receive the sum due to the disability.

No sum shall be refunded to a member in case of voluntary withdrawal from membership within one year of admission and in such cases all subscription paid, shall stand forfeited to the fund and the member shall not claim any sum whatsoever.

A member cease to be so, on his attainment of the age of super annuation or termination of service by voluntary retirement or otherwise.

a)     The General Council of TNEA shall elect, annually, Secretary (Ponkum Nidhi).

b)     The Secretary (Ponkum Nidhi) shall be elected among those stationed at Madras.

c)     Any vacancy caused in the office of the Secretary (Ponkum Nidhi) due to transfer, retirement, resignation, death or disability shall be filled in by any one of the remaining members of central Cabinet.

The Committee shall meet atleast once in a month and review accounts and registers maintained by the Secretary (Ponkum Nidhi)

The Committee shall be responsible for overall administration of the fund, for consideration of application for membership for the proper maintenance of the accounts of the fund, for making proper investments of the finance of the fund, for early settlement of the claims made by the members, for the general efficient running of the fund and for submitting annual account and balance sheet to the General Council of TNEA.

No withdrawals or diversions are allowed other than for the payment of relief, refund or assistance or Administrative as stipulated in the Rules.

The bank accounts of this Committee shall be operated jointly by the Secretary and Treasurer. Treasurer shall be responsible for maintenance of accounts of all the money received and paid by the fund. He shall be responsible for and on behalf of the Committee for presentation of the annual accounts before the General body.

The Secretary shall be the main executive of the committee and shall have powers to incur expenditure upto Rs. 100/- at a time for purchase of stationery or printing or any miscellaneous items. Any expenditure above this limit shall require the proper approval of the Committee.

The Committee is empowered to receive any grants or donations or other monies for and on behalf of the fund, and such sums when received shall forthwith be deposited in the bank account of the PONKUM NIDHI and invested, or disbursed in accordance with the provision of these Rules.

No member of the Committee shall be personally liable for any acts of Commission or omission done by him for and on behalf of the fund, in god faith in discharge of his duties or in accordance with the decisions taken by the Committee of the general body.

The account of the PONKUM NIDHI shall be audited every year by an auditor appointed by the General Council of the TNEA. The Secretary (Ponkum Nidhi) accounts are duly audited before presentation to the annual general council meeting of the TNEA.

The finance of the fund shall be invested by the Committed in one or more savings deposit accounts with cheque facility in a nationalised schedule bank upto the extend required for normal requirements. Any amount in excess of this limit shall be invested in Fixed Deposits for higher rate of interest in any nationalized Scheduled Bank or any quasi Government, Statutory Board or Corporation or any registered society or saswathanidhi which gives a good rate of interest. Decisions for investments in Fixed Deposit shall be made by PONKUM NIDHI Committee depending upon the accumulations in the savings deposit accounts.

The CEC of TNEA, shall have power to review the functions and administration of the Fund and shall have over all control and superintendence over the affairs of the fund. The President is also empowered to summon the CEC of TNEA and place before the Council the difficulties if any, in the constitution or functions of the Fund and shall abide by the decision taken by the CEC council of TNEA in that regard. The power to amend, delete or add to these rules shall vest with the Central Executive Committee of TNEA. The Committee may however adopt local rulings under these rules so far as they are not in conflict with main rules.

The PONKUM NIDHI may be dissolved by a resolution to the effect in General Council Meetings of TNEA, if the members voting direct or by writing for dissolution constitute not less than 75% of the total membership of the fund on that day. On dissolution, the monies of the fund shall be applied in the following manner and paid in the order of priority indicated below:

All taxes or debts due to Government or any other agency of the Government.

The salaries and allowance due, if any, to the employees of the fund.

All debts of the fund or claims of the fund due and payable on the date of dissolution.

Refundable contribution and interest therein, if any due on the date of dissolution to the fund members.

Any surplus amount including the assets of the fund remaining after meeting all the payments as stated above shall be transfered to the TNEA.