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CONSTITUTION OF THE U.P. JUDICIAL SERVICESASSOCIATION

Name and Office

The association shall be called the Uttar Pradesh Judicial Services Association. It shall have its head office and other offices at such places as may be decided upon by the Executive Committee or the President .

Aim's and Objectives of the Association

  1. To be the organ of expression of the views of the Judicial Services in respect of all their matter.
  2. To study the prevailing legal system and suggest changes to suit genius of the people as citizens of a welfare state.
  3. To study the existing and proposed law and suggest ways and means for eradicating flaws therein.
  4. To arrange for the Central Library and to publish Magazine and useful legal literature on no profit basis; for advancing the above- mentioned purposes and diffuse knowledge of law for the benefit of the public.
  5. To promote honest, efficient and speedy justice for litigants in particular and the citizens in general and to ensure proper working and living conditions for judicial officers and to promote sport decors amongst them.
  6. To establish a welfare fund for help to members of the service and their dependents in case of their needs arising out of unforeseen circum-stances such as serious illness or death etc.
  7. To seek affiliation with and to become member of all India Federation or any other body of Judicial Services or All India Judicial Services Association.

Membership

The following shall be the members of the Association:

  1. Every member of U.P Judicial Service
  2. Every member of the U.P. Higher Judicial Ser¬vice.

Removal of a Member from the Association

A member shall liable to be removed from the membership by a resolution passed at the general body meeting of the Association by a two-third majority of the members present at the meeting and having a right to vote for any of the following reasons.

  1. That he has been guilty of a conduct unworthy of a member of the service.
  2. That he has been in arrears of subscription for more than two years despite repeated demands.

Subscription

Every member shall pay Rs 1000 yearly( to be paid in Jan every year)* as subscription for the Association to the Secretary of the District Unit in which he is posted. But the Executive Committee may change the rate of monthly subscription or ask for additional subscription for special purposes. (Amended in GBM DT 3.11.2012)*

General Body

The general body shall consist of all the members of the Association. It shall (as far as possible) meet once in a year. It shall be called the Conference of the Association. It shall be summoned by the Secretary General at not less than two weeks notice at such time and place in Uttar Pradesh as may be approved of by the Executive Committee.

Provided that in extraordinary circumstances the President on his own motion, or the Secretary General with the approval of the President, may summon the General Body at any time at two at two weeks notice or in case of emergency, at a shorter notice. Provided that President, or the Secretary General with the approval of the President, shall summon such a meeting on requisition by at least twenty five members of the Association or four office bearers of the Executive Committee.

Provided that if the Secretary General of the President fails to summon on receipt of the requisition a conference of the Association within a period of clear 30 days, then the requisitionists may convene the conference either at their own instance or through any of the remaining office bearers.

State Council

The office bearers and the members of the Executive Committee. President and Secretaries of the District Units shall constitute the state Council. The State Council shall meet as and when invited by the Executive Committee to discuss emergent matters.

Concerning the services and the Association. It shall be called the Convention of the Association, and shall have the powers and discharge all the duties of the general body.

Executive Committee

  1. There shall be an Executive Committee of the Association which shall consist of the office bearers and fourteen elected representatives
  2. All the affairs of the Association shall be conducted by the Executive Committee. But the Executive Committee may constitute more sub-committees to transact any particular business or for any other purpose.
  3. The Executive Committee shall meet at any time on a notice of three days to all its members by the Secretary General provided that an emergent meeting of the Executive Committee may be called on a notice of 24 hours by the President or in his absence by the Senior Vice President or in their absence or with their approval by the Secretary General.
  4. Where it is not convenient in the opinion of the President or the Secretary General to call; meeting of the Executive Committee,.the view of the members on a particular subject/proposal/ reference may be ascertained by correspondence by specified time limit and the majority opinion expressly conveyed by the members o implied in the affirmative by absence of reply from a member shall be deemed to be the decision of the executive committee on that particular subject/proposal/reference.
  5. The executive Committee may direct any office bearer or member of the Association to execute or to take steps for the implementation or compliance of any decision of the EXecutive Committee.
  6. When at least four members of the Executive Committee or twenty five members of the Association send a requisition in writing to the Secretary General for holding a meeting to consider any matter specified in the requisition, the Secretary General shall convene the meeting of the Executive Committee within 14 days and if he fails to do, the requisitionists may summon the Executive Committee.

Office Bearers

The following shall be the office bearers of the Association:-

  1. President
  2. Two Vice President, Senior and Junior
  3. Secretary General
  4. Secretary at Allahabad
  5. Secretary at Lucknow
  6. Two Joint Secretaries, Senior and Junior
  7. Treasurer
  8. Auditor
  9. Divisional Secretaries
  10. Publication Secretary1
  11. Sport Secretary2

Office Bearers (ii)

The following shall be the office bearers of the Association:-

  1. All office-bearers, except Divisional Secretaries, shall be elected by the members present in the meeting of General Body by secret ballot under the direction and the supervision of Election Committee appointed by the President in consultation with Executive Committee3.
  2. Divisional Secretaries shall be elected by the members posted in the concerned Division & present in the meeting of the General Body in the manner laid down in Art. 9(ii)(a)4.
  3. b* (Deleted)
  4. c* (Deleted)
  5. The term of the office-bearers shall be Two* year .*(amended in GBM DT 3.11.12)
  6. In case President or Secretary General of the Association has held the same post for two terms consecutively, he shall not be eligible for contesting the same post a third time..
  7. Only the members posted at Lucknow and Allahabad can contest the election for the post of Secretary at Lucknow and Secretary at Allahabad respectively. Likewise for the post of Divisional Secretary the member seeking the election should be posted in any District or the concerned Division and should be proposed & seconded by the members posted in any District of the concerned Division.
  8. In case, the Secretary at Lucknow or secretary at Allahabad is transferred out of Division, the post shall be deemed vacant and shall be filled up like a casual vacancy.
  9. Name of the members seeking election for any post should be proposed by one member & seconded by two members, having right to vote for the concerned post.

District Units:

The following shall be the office bearers of the Association:-

  1. There shall be constituted a unit of the Association at the head quarters of each district. It shall consist of all the members posted in the district including those on deputation in the district.
  2. *The District Judge shall be ex-officio President of the District Unit. The District Judge may direct next senior officer in the order of succession to act as the President
  3. The members of the District Unit shall elect a Secretary by 15 August every year and inform the Secretary General. If the District Secretary resigns or is transferred, the unit shall elect a new District Secretary and till such election, such member as may be nominated by the District Judge shall work as the District Secretary. If no officer is elected or nominated as the Secretary by 15th September the senior most Civil Judge or where there is a J.S.CS.

    the J.S.C.C. shall be ex-officio Secretary of the District Unit. Where the J.S.C.C. or the Civil Judge is the President of the unit as stipulated above, the senior most Munsif Magistrate posted at that station shall be ex-officio Secretary of the unit.
  4. The District Unit shall meet at least once a month.
  5. In the meeting of the District Unit (in addition to consideration of matters of common inter¬est and local problem of the judiciary and other matter relating to the objects of the Association), the members may read papers on important subjects and discuss legal and administrative problems of the state in general and the judgeship in particular. They may invite eminent Judges, Lawyers and Jurists to address them on the topics of special interest to them.
  6. The District unit may refer any matter of the office because for consideration and necessary action.
  7. The District Secretary shall maintain a minute book of all the proceedings of the monthly meetings and a proper account of subscriptions and expenditure and shall remit fifty percent amount of the subscriptions every month to the treasurer.

Functions and Responsbilities of the Office Bearers

A. President:

  1. The President shall preside over all the meetings of the General Body, Executive Committee and State Council and shall act as the Head of the Association, aid, advise, guide and su¬pervise the affairs of the Association.
  2. He shall be final authority to interpret the provisions of the Constitution of the Association and to decide points of difference and all disputes amongst the members of the Association.
  3. The President may remove any office-bearer on ground of misconduct, inability and failure to carry out his direction or implement decisions of the General Body or State Council, or Executive Committee and may nominate any other member as an office-bearer in his place for the remaining term till the next election is held.
  4. The President may appoint adhoc committee(s) for any special/urgent purpose/matter
  5. The President may fill up a casual vacancy) an office-bearer for the remaining term or till the election is held.

B. Vice President:

The Senior Vice President shall in the absences the President discharge the same functions and exercise same powers as those of the President. In the absence of the President and the Senior Vice President, the Junior Vice President shall discharge the same functions and exercise same powers a those of the President.

C. Secretary General:

  1. The Secretary General shall be the Chief Executive Officer and shall be responsible for implementation and compliance of the various resolutions, decisions either passed by the General Body, State Council or the Executive Committee and take all steps and do all other thing necessary to ensure compliance and implementation of all the decisions and shall always b responsible to promote the aims and objects of the Association.
  2. He shall maintain proper liaison with all the district units and keep them informed of all the urgent matters and steps to be taken in regard to the matter/proposal of reference etc.
  3. He shall act always in compliance with the directions of the Executive Committee, seek guidance from the President and extend cooperation to all the office bearer and the district units.
  4. He shall maintain properly a minute book of the proceeding of the General Body and state Council and another minute book of all the proceedings of the Executive Committee.

D.Secretary at Allahabad

He shall maintain liaison between the Association and the High Court. He shall, maintain office and all the records of the Association pertaining to Allahabad. He shall watch the interest of the services in High Court and Government level and in the absence of the Secretary General represent the Association in all dealings with the High Court and the Government. He shall perform all other functions delegated to him by the President and/or the Secretary General.

E. Secretary at Lucknow

He shall maintain liaison between the Association and the Government. He shall watch the interest of the Association at Government level and in the ab¬sence of Secretary General represent the Associa¬tion in all dealings with the Government. He shall perform all other functions which may be delegated to him by the President and/or the Secretary Gen¬eral,

F. Joint Secretaries:

They shall do all such functions as are delegated to them by the President, Secretary General or Secre¬taries at Allahabad and Lucknow.

G. Treasurer:

The Treasurer shall prepare the budget, collect sub¬scription, keep and maintain the account and present the same in the meetings of the Executive Commit¬tee, the General Body, and the State Council. He shall open a savings bank account of the fund of the Association in the State Bank of India and op¬erate the account according to the directions of the President and the Secretary General subject to the approval of the President.

H. Auditor:

He shall audit the accounts at least once a year and present his report the Executive Committee.

I. Quorum:

200 members shall form quorum for the meeting of the General Body, 50 members for the meeting of the State Council and 5 members for the meeting of the Executive Committee and fifty percent of the members of the Distt. Unit at the meeting of the Unit provided that there shall be no quorum for an adjourned meeting.

J. Fund ofthe Association

Fund of the Association shall be constituted of all the subscriptions, grants and all other receipts in the name of the Association and shall be maintained by the treasurer in such form and manner as may be directed by the Executive Committee.

K. Amendments:

The Constitution may be amended at any time by the General Body by the two-third majority of the members in the meeting.

L. Seal and Monogram of the Association:

The Executive Committee may prescribe a com¬mon seal and a monogram of the Association.

Inserted by resolution passed by General Body meeting at the 31st Annual Conference on 6-7 April, 1986 (R A. Divisional Secretaries: For each Revenue Division of the State, there will be Divisional Secretaries who will be responsible for activities of the Association in the Division)