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NATIONAL INSTITUTE OF PERSONNEL MANAGEMENT

Regd Office' 45, Jhowtala Road, 1st Floor Kolkata - 700 019 Address for communication: Southend Conclave. Tower Block (3rd Floor).

1582, Rajdanga Main Road. Kolkata 700 107. Phone: (033) 2441 7254/7255/7253 E-mail: nipm@caI2.vsnl.netin 8 Fax: 91-033-2441 Website: 7256

www.nipm.in

Ref: 6(SGM): 812

:2009 To: All Members of NIPM (with voting rights) Notice of Special General Meeting

20th August. 2009

Dear Member. In term of Regulation 38. please take notice that a Special General Meeting (SGM) of the Institute will be held on Sunday. the 20'h September. 2009 at 6.00 p.m. at Hotel Savera. No. 146. Dr Radhakrishnan Salai. Mylapore, Chennai - 600 004 to transact the following business :To consider. and if thought tit. to adopt. with or without modifications. the following resolutIOns 1110\ d c by the National Council of NIPM: RESOLUTIONS At this Special General Meting held on Sunday. the 20'h September. 2009 at 6.00 p.m. at Hotel Savera. No. 146. Dr Radhakrishnan Salai. Mylapore. Chennai - 600 004. the General Body of members of the National Institute of Personnel Management resolves the following amendments to the Constitution/Resolutions be and are hereby made. namely: RESOLUTION NO.1 OF ASSOCIATION: ARTICLE 2 Registered Office

MEMORANDUM

"It is resolved that in Article 2. the words "Southend Conclave, Tower Block (3"1Floor), 1582, Rajdanga Main Road, Kolkata 700 107" shall be substituted for the words "45 Jhowtala Road, Kolkata 700019". Explanatory Note

As per the norms imposed by the AICTE Authority and to meet the requirements of \'arious educational activities and other matters. the NIPM-DPM Trust purchased a space of I 0.351 sq.n. at Southend Conclave. Tower Block (3'd Floor). 1582. Rajdanga Main Road. Kolkata 700 107 fi'om the KMDA Authority. Govt. of West BengaL The National Otlice of the Institute has been shifted to the said premises at Southend Conclave. Tower Block (3'" Floor). 1582. Rajdanga Main Road. Kolkata 700 107 from its existing Office at 45. Jhowtala Road. Kolkata 700019 on middle of Febr~ary. 2009. Hence. the address of the 'Registered Ottice' of the Institute as in Article 2 of the Memorandum of Association needs to be amended to pro\'ide for the ne\\. address. (1)

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RESOLUTION NO.2 REGULATION 19to22

"It is resolved to replace regulations 19 to 22 of the Constitution by the "Election Rules Manual of NIPM" given in Annexure L Thus. Regulations 19to 22 stand deleted"-

Explanatory Note
The National Council in its 273rdMeeting held on 1stNovember. 2008 constituted a 14 Member Committee on Administrative and Constitutional Reforms. Thereafter. the road map as envisaged by the Committee was presented before the National Council seeking suggestions from Members. Now in pursuant to the decisions taken in the 277'h and 2781hNC Meetings. the proposal for brining about electoral reforms by making appropriate amendments to the rele\'ant provisions of the Constitution regarding election process of NIPM has been moved.

RESOLUTION

NO.3

REGULATION

13- Functions ofthe National Counci]

"It is resolved to introduce a new Sub-Clause (xxviii) to Regulation 13 as follows:

To allow Chapters to register under the respective Societies' Registration Act of the State concerned in extremely exceptional cases, on specific approval of National Council without diluting the basic objects and/or Constitution of NIPM".

Explanatory

Note

Bombay Chapter had requested for issuance of 'No Objection Certificate' from National Oftice for registration of Bombay Chapter under Maharashtra Societies' Registration Act. Bombay Chapter has sought registration under the said Act primarily for taxation purpose. particularly as National Ottice is unable to consolidate the tax returns from all the 52 Chapt~. They had initiated action for registration on the basis of the Institute's Auditors' observation stating that each earning Chapter will be bound to arrange to file their income tax returns with the concerned income tax Office. of course. after getting themselves registered in accordance \vith the respective State's Societies Registration Acts and Rules. However. since NIPM is registered

under the Societies Registration Act. 1961at Kolkata, National Office being at Kolkata. no other
body functioning under the name and style of the National Institute of Personnel Management." can be registered under the said Act. The Constitution of NIPM also does not provide for such registration of individual Chapters. although autonomy has been given to the Chapters (Regulation 50) to carryon affairs and activities of the Institute. The matter has been deliberated at length in several NC Meetings and other forums and finally the NC in its 2781h Meeting held on
26th July. 2009

at Mumbai decided to allow Chapters to registered themselves under Societies

Registratioh Act under extremely exceptional circumstances on specitic appro\'aJ or National Council without diluting the basic objects and / or Constitution of NIPM.

(2)

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RESOLUTION

NO.4

REGULATION 7- Readmission to Membership "It is resolved to add a new Sub-Clause (Hi)to Regulation 7 which will read as follows.
In case a Corporate Member is in arrears for more than one year excluding the current year and is unable to payoff all his arrears, he shall have the option to apply to the National Council for upgradation to Life Membership by paying arrears for one year in addition to the Life Membership fee at the current rate before he may be granted Life Membership by the National Council". Explanatory Note

It was noted by the National Council with concern that a number ofNIPM members are drifting away from the Institute. With a view to bringing back such members including defaulting members to the NIPM-fold. it was decided in the 2781hNC Meeting held on 26th.lul). 2009 at Mumbai that members with outstanding dues may be given the option to become Lite Members by paying arrears for one year. RESOLUTION NO.5

"It is resolved that all the Chapters of the Institute will invariably ensure sending duly' audited accounts from Financial Year 2009-10 onwards to the National Office. latest by 30'n ./une of following Financial Year, for consolidation, preparation and tinaIisation of final Accounts ot'the Institute". Explanatory Note

It is being observed that the Chapters of the Institute are working in isolation, whereas as per the definition contained in Regulation l(iii) of the Constitution "Chapter" means a branch of the Institute formed, bye-laws". Such working is defeating the very purpose 0r ha \ ing a National Office. The situation warrants immediate attention 2. The agenda would enable an effective control on all the Chapters and also to retlect true tinancial position. 3. The agenda is necessitated since the National Office has not been including the Chapters Accounts in its Annual Accounts Statements. and rather has been making a specitic note of exclusion of Chapters Accounts in Annual Reports. In fact several Chapters hm e heen experiencing great difficulty to obtain sponsorship / delegate fees from the sponsor companies for want of PAN to be issued by Income Tax Authorities in the name of respective Chapters. It may be pertinent to mention that in a set up like NIPM and the formation of Chapters that the Institute has. the Chapters cannot have a PAN allotted to them in their names. Similarly Bombay Chapters has been requesting since long for inclusion of accounts ofthe chapters in the accounts of National Office or in the alternative to allow them to register as a Society to facilitate submission of their Income Tax Return. Some of the others Chapters are also requesting to form a Society in order to address their issue of PAN and Income Tax Return. as aforesaid. Such a request. cannot be agreed to as fonnation of Society by Chapters is not permissible under the Constitution ofNIPM.

(3)

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4. Though Regulation 15(xxii) of the Constitution permits respective chapters to create Trust. the Bombay Chapters, specifically, has brought out difficulties in creation of the same in view of Section 58 of Bombay Public Trust Act 1950, which requires a Public Trust to make an annual contribution to the Public Trusts Administration Fund, which is at a rate proportionate to the gross annual income of such Public Trusts. Keeping the above position in mind. the requirement of statutory contribution would adversely affect! reduce the funds position of the Chapters concerned. 5. In view of above, the most viable course would be to adhere to the spirit of Regulation 1(iii) of the Constitution and correct the processes of accounting accordingly. This 'vvouldenable the Chapters to use the PAN issued in the name of the National Of1ice for the purposes. as aforesaid. Members willing to express their views in favour of or against the proposed amendments may send their \ ICWS the earliest. which shall be considered and counted at the time of voting, ifany. at

By Order of the National Council

IY
(Amita Saha) Hon. General Secretary As per Regulation 37 (V), no subject other than the subject specified shaH be discussed at a Special C:Teneral eeting. M