Constitution

Calcutta Customs House Agents’ Association
Registered under the West Bengal Societies Registration Act, 1961
(West Bengal Act XXVI of 1961)

Memorandum of Association of Calcutta Customs House Agents’ Association*

1. The name of the society shall be Calcutta Customs House Agents’ Association.
2. The Registered Office of the Society shall be situated in Calcutta and presently at 23, R N Mukherjee Road, Calcutta -700 001
3. The objects for which the Association is established are as follows:
4. 1. To diffuse useful knowledge to the Customs House Agents and to open Libraries, Schools and other institutions for their training.
   2. To make necessary arrangements in giving training and rendering necessary help to the Customs House Agents.
   3. To promote a feeling of fraternity and cooperation amongst its members.

1. 1. To regulate, coordinate, formulate rules and regulations for proper working of the Customs House works consistent with the uses, rules and regulations and the Sea Customs Act.
   2. **To make representation to the Government and other authorities on the difficulties experienced by the Calcutta Customs House Agents in the course of the discharge of the lawful duties as Customs House Agents.
   3. To get redress of legitimate grievances by all peaceful and constitutional means and procedures.
   4. To assist and cooperate fully with the Collectors of Customs and Land Customs and the Government of India in carrying out the orders of the Government of India.
   5. To undertake and settle all matters in dispute either between them and Customs Collectorate and Port Authorities or between them and their clients.
   6. To arbitrate, if necessary, in matters of dispute either amongst the members, or between them and their clients.
   7. To exercise a general control over the Customs House business with a view to maintain a high standard of dignity and public confidence without which Customs House Agents cannot function respectably.
   8. ** To prevent as far as possible unscrupulous persons from entering the trade as Customs House Agents.
   9. To give quotations to the Government and other reputed clients with a view to secure jobs in order to distribute the same to its individual constituents.
   10. To purchase, take on lease or in exchange, hire or otherwise acquire any property movable or immovable.
   11. To construct, maintain and alter any house, building or works necessary or convenient for the purposes of the Association.
   12. To take any gift of property whether subject to any special trust or not for anyone or more of the objects of the Association.
   13. To print and publish or subscribe to any newspapers, periodicals, books or leaflets that the Association may think desirable for the promotion of its objects and have them circulated, if so desired, by the Association.
   14. To sell, manage, lease, mortgage, dispose-off or otherwise deal with all or any part of the property of the Association.
   15. To borrow or raise money in such manner as Association may think fit.
   16. To invest any money of the Association not immediately required for any of its objects in such manner as may from time to time be determined.
   17. To undertake and execute any trust or contract the undertaking of which may seem to the ASSOCIATION desirable either gratuitously or otherwise.
   18. To draw, make accept, endorse, discount, execute and issue promissory note , bills of exchange, bills of lading, warrants, debentures and other negotiable or transferable instruments or securities.
   19. To guarantee, if necessary, the performance of contracts by members of the Association.
   20. To do all such other things as are identical or conductive to the attainment of the above objects of the Association, provided that the Association shall not support with its funds or endeavour to impose on or procure or to be observed by its members or others, any regulation or restriction which, if an object of the Association, would make it a trade union.
   21. To register the Association under the West Bengal Societies Registration Act, 1961 and also to obtain a certificate under the Societies Act, 1961 and it is hereby declared that the objects specified in such paragraph be regarded as independent objects and shall be in no way limited or restricted by reference to or inference from the terms of any other paragraph or from the name of the Association.
2. 1. The income and property of the Association whenever derived shall be applied solely towards its objects as set forth in the Memorandum.
   2. No portion of the income or property aforesaid shall be paid or transferred, directly or indirectly by way of dividend, bonus, or otherwise howsoever by way of profit to the persons who at any time are, or have been, members of the Association or to anyone or more of them or to any person claiming through anyone or more of them.
      Provided that -
   3. 1. No remuneration of other benefit in money or money’s worth shall be given by the Association to any of its members, whether officers or servants of the Association or not, except payment of out of pocket expenses reasonable and proper rent on premises used by the Association.
      2. No member shall be appointed to any office under the Association which is remunerated by salary, fees or any other manner not excepted by clause (a).
      3. Nothing in this clause shall prevent the payment by the Association in good faith of reasonable remuneration to any of its officers or servants (not being members) or to any other person (not being member) in return for services actually rendered to the Association.
3. No alteration shall be made to the Memorandum of Association or to the Articles of the Association which are for the time being in force, unless the alteration has been previously submitted to and approved under the Societies ACT.
4. The liability of the member of the Association is limited.
5. Every member of the Association undertakes to contribute to the assets of the Association in the event of the same being wound up during the time that he is a member , or within one year afterwards, for payment of the debts and liabilities of the Association contracted before the time at which he ceases to be a member, and of the costs, charges and expenses of winding up the same and for the adjustment of the rights of the contributories amongst themselves, such amount as may be required not exceeding a sum equal to membership subscription for one year.
6. True accounts shall be kept of the sums of money received and expended by the Association and the matter in respect of which such receipts and expenditure takes place and of the property, credits and liabilities of the Association and subject to any reasonable restriction as to the time and manner of inspecting the same that may be imposed in accordance with the regulations of the Association for the time being. The accounts shall be open to inspection by the members. Once at least in every year the accounts of the Association shall be examined and the correctness of the Balance Sheet ascertained by one of more properly qualified auditor or auditors.
7. If upon the winding up or dissolution of the Association there remains , after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the Association but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Association to be determined by the members of the Association present at a general meeting at or before the time of dissolution, and in default thereof, by such judge of the High Court of judicature at Calcutta as may have or acquire jurisdiction in the matter.
8. The objects of the Association will extend to the whole of the Union of India.