Forum of Indian Regulators
Rules and Regulations
1. Name of the Society:
The name of the Society shall be Forum of Indian Regulators.
The following shall be the Members of the Society:
• Persons whose names are entered as fellow members on the roll of Members of the Society, maintained for the purpose at the date of the registration of the Society under the Societies Registration Act, 1860 viz. the signatories to the Memorandum of Association.
• Persons admitted by the Governing Body after such registration of the Society as Fellow Members.
• Persons admitted by the Governing Body after such registration of the Society as Honorary Members.
• Regulatory Commissions or authorities established by law admitted by the Governing Body as Institutional Members.
• Institutions and organizations other than Regulatory Commissions or Authorities admitted by the Governing Body as Institutional Members.
• Former Chairman/Members of Regulatory Commissions or Authorities established by law as Hony. Members.
3. Admission and qualification of Members :
• The following persons shall be eligible for admission as Members:
3..1. Any person who is a Chairman/Member or Secretary of a Regulatory Commission or Authority established by law shall be eligible for becoming a Fellow Member of the Society so long as he is Member of Regulatory Commission or Authority, established by law in case, such a Regulatory Commission or Authority established by law is an Institutional Member of the Society.
3..2. Any former Chairman/Member or Secretary of a Regulatory Commission or authority established by law shall be eligible for becoming a Hony. Member of the Society.
3..3. Any Regulatory Commission or Authority established by law or any organization connected with public utilities and recognized as such by the Governing Body or an association of consumers and recognized as such by the Governing Body, shall be eligible for becoming an Institutional Member of the Society.
• Admission of any person as a Member of the Society shall be at the discretion of the Governing Body who shall record reasons in case the application of any person / institution for membership is rejected.
4. Subscription :
• The subscription for membership of the Society shall be payable only by the Institutional Members as under:-
|Regulatory Commissions or authorities established by law.||
• The annual subscription shall be payable in advance at the commencement of the financial year. Provided that the annual subscription for membership of the Society can be revised from the time to time by Governing Body and the revised fee shall be effective after the same has been approved in the AGM.
• No subscription fee shall be payable by the Members/Secretaries and the former Members/Secretaries of the Regulatory Commission or Authority established by law, who are admitted as Fellow Members or Honorary Members respectively of the Society
• The Governing Body of the Society may in its discretion relax the condition of mode and the time of payment in any particular case.
5. Cessation of Membership:
A person shall cease to be the member of the Society in the following circumstances:
• On ceasing to be eligible for the membership of the Society.
• On failure to pay the prescribed subscription within three months of its becoming due, and the Governing Body of the Society passes a resolution to that effect.
• On death, insanity, bankruptcy or conviction by a court of competent jurisdiction for an offence involving moral turpitude in case of individuals and on winding up/dissolution of the organization in case of Institutional Members.
• On the acceptance by the Governing Body of resignation, submitted to it in writing.
• When the Governing Body is satisfied that the person concerned has acted in a manner prejudicial to the interests of the Society and passes/adopts a resolution to that effect.
6. Appeals and re-admission of Members :
A person who has ceased to be a member of the Society by virtue of provisions of Rule 5 herein before, may appeal within 30 days of such cessation to the Governing Body who may re-admit the said person as a Member subject to such conditions as may be specified.
7. Rights and Privileges of Fellow Members:
• To participate in the proceedings of the General Body.
• To participate in the election of the Governing Body and vote on all other matters brought before General Body.
• To requisition special meeting of the Governing Body if he is a Member thereof or the General Body in accordance with procedure laid-down under Rule 10 (ii) herein below.
• To be eligible for election to the Governing Body of the Society.
8. Rights and Privileges of Associate and Institutional Members:
• To participate in the proceedings of the General Body.
• To requisition special meeting to the General Body in accordance with procedure laid-down under Rule 10 (ii) herein below.
• To place before the General Body, any proposal for consideration and decision in accordance with the provisions of Rules and Regulations.
• To vote on all matters being considered by the General Body, except the amendment of Memorandum of Association and Rules and Regulations of the Society and the dissolution of the Society.
• Honorary Members may only attend Meetings of the General Body Provided that the General Body may elect an Honorary Member as an office bearer/Member of the Governing Body as may be considered appropriate.
9. General Body:
The supreme authority of the Society shall be vested in the General Body. The General Body shall be composed of all the Members as per Registrar of Members. It shall meet at least once a year in the month of June. It shall exercise the following functions:
• To consider the annual report of the Society.
• To appoint Members of the Governing Body.
• To receive and adopt accounts.
• To appoint auditors.
• To approve the budget for the ensuing year.
• To consider any other business brought before it.
10. Notice of Meeting and periodicity of Meeting :
• The Annual Meeting of the General Body of the Society shall be called by the Honorary Chairman of the Society in the month of June every year at New Delhi, after giving at least twenty one days notice of the date, time, place and the general nature of business that may be discussed at such meeting and shall transact the following business:-
a. Election of Governing Body of the Society every year.
b. Consideration of the Annual Report.
c. Consideration of the Balance Sheet and the audited accounts for the previous year.
d. Appointment of the Auditors for the ensuing year and fixing their remuneration.
e. Approval of the budget for the ensuing year.
f. Other business on the agenda, and
g. Such other business as may be brought forward with the permission of the Presiding Officer.
• The Honorary Chairman of the Society may of his own accord and shall, if required to do by requisition in writing, signed by not less than 10% of the total strength of Members of the Society, call, after notice of at least 21 days, a special meeting of the General Body.
• The Honorary Chairman or in his absence the senior most Honorary Vice-Chairman (seniority on the basis of length of tenure as Chairperson/Member of the Regulatory Commissions or authorities) and in the absence of Honorary Chairman or Honorary Vice Chairman any other Member to be elected by those present, shall preside over the meeting of the General Body.
• 1/3rd of the total Members of the Society eligible to vote shall form a quorum for any meetings of the General Body. If the required quorum is not available within half-an-hour, the meeting shall stand adjourned for another half-an-hour on the same day and no quorum shall be necessary for such an adjourned meeting.
• No business other than business included in the notice convening the meeting shall be discussed in the meeting, except with the permission of the Presiding Officer.
• Every question shall be decided by the General Body by majority of those present and voting. Every Fellow/Honorary Institutional Member of the Society shall have one vote. In case of equality of votes, the Presiding Officer shall have a casting vote. The Institutional Members all have one vote each, which can be exercised by any person nominated by such Institutional Member.
Provided that the individuals admitted as the Institutional and Honorary Members shall not be eligible to vote on election to the Governing Body.
Provided further that the voting by proxy shall not be permissible in the meetings of the General Body or on matters relating to amendment of the Memorandum and Rules & Regulations.
11. Governing Body:
11.1 The management of the affairs of the Society shall be entrusted to the Governing Body, composed of Fifteen Members comprising:
i. Honorary Chairman(1)
ii. Honorary Vice Chairmen(6)
ii. Honorary Members(8)
i. Honorary Chairman:
Senior most Honorary Vice Chairman having tenure of atleast one year may be elected as the Honorary Chairman. Seniority shall be decided based on the date of appointment as Chairperson of the respective Regulatory Institution. Honorary Chairman of the Governing Body shall hold office in the Governing Body till he continues to hold the post of Chairman of his respective Regulatory Commission.
ii. Honorary Vice Chairmen:
Only Chairpersons of Regulatory Commissions or Authorities shall be eligible for the posts of Honorary Vice Chairmen. Vice Chairman should have atleast one year’s service left for becoming eligible for the respective post. Honorary Vice Chairman of the Governing Body shall hold office in the Governing Body till he continues to hold the post of Chairman of his respective Regulatory Commission. Three Honorary Vice Chairmen shall be from Central Infrastructure Sector, two Honorary Vice Chairmen shall be from State Electricity Regulatory Commission and one Honorary Vice Chairman shall be from financial sector. In the event of a Honorary Vice Chairman being elevated as Honorary Chairperson, the vacancy of Honorary Vice Chairman shall be filled up by representative of the sector to which the outgoing Honorary Vice Chairman belonged.
iii. Honorary Members:
Honorary Member of the Governing Body should have atleast one year’s service left for becoming eligible to the respective post. Honorary Member of the Governing Body shall hold office in the Governing Body till he continues to hold the post of a Member of his respective Regulatory Commission/Authority. Four members shall be from State Electricity Regulatory Commissions, one shall be from Central Infrastructure Sector, one shall be from financial Sector, one Honorary Secretary shall be from Central Electricity Regulatory Commission and one Honorary Treasurer shall be from Central Electricity Regulatory Commission.
iv. Out of six representatives from State Electricity Regulatory commissions in the Governing Body, three shall be Chairmen of State Electricity Regulatory Commissions and three shall be Members of State Electricity Regulatory Commissions which will be decided on the basis of their seniority. Out of three Chairmen of State Electricity Regulatory Commissions, two senior most Chairpersons could be Honorary Vice Chairmen. Seniority of the Chairmen/Members of State Electricity Regulatory Commissions would be decided on the basis of their tenure in the Regulatory Commission as Chairman/Member. Provided further that Members from sectors other than electricity sector would be decided by the respective Regulatory Authority .Provided further that a vacancy against a sector could be transferred to any other Central or state sector if there is no representation possible from such vacancy.
v. Any vacancy against a sector other than electricity sector would be allocated to State Electricity Regulatory Commissions.
11.2 In the event of unforeseen circumstances, the election shall be by secret ballot.
11.3 The office-bearers and other members of the Governing Body shall be elected in its Annual General Meeting from amongst the Fellow Members/Honorary Members of the Society.
11.4 The office-bearers and other members of the Governing Body shall not be eligible for re-election, Provided that for functional requirement the posts of Honorary Secretary and Honorary Treasurer could be held by the incumbent till they hold their office in Central Electricity Regulatory Commission.
11.5 Any casual vacancy amongst the members of the Governing Body arising from death, resignation, etc. may be filled by co-option by the Governing Body and the member so co-opted shall hold office for the unexpired portion of the term of office of the member causing the vacancy.
11.5.1 The Governing Body shall function notwithstanding any vacancy therein and notwithstanding any defect in its constitution and no act or proceedings of the Governing Body shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in its constitution.
11.5.2 The quorum of the meeting of the Governing Body shall be 1/3rd of its total membership.
11.5.3 The meetings of the Governing Body shall be called at least with 10 days notice in writing or at shorter notice if agreed to by all the members.
11.5.4 Each member of the Governing body will have a vote and the Chairman will have second casting vote in the event of tie.
12 Secretariat for the Governing Body:
The Secretary and Assistant Secretary of the Central Electricity Regulatory Commission shall function as Executive Secretary and Executive Treasurer of the Society respectively. There shall be one Zonal Secretary representing each of the Eastern, Western and Southern zone as may be appointed by the Hony. Vice-Chairman/Hony. Secretary/Members elected on the Governing Body of the Society from the concerned zone. These officials shall perform the functions assigned to them by the Governing Body from time to time.
13 Powers and functions of the Governing Body :
13.1 Subject to the general control and directions of the General Body, the Governing Body shall be responsible for the management and administration of the affairs of the society in accordance with these Rules and Regulations and shall exercise all powers which may be necessary of expedient for the purpose of achieving the aims and objects of the Society.
13.2 Without prejudice to the generality of the powers conferred by the foregoing sub-rule, the Governing Body shall have the power –
i. To prepare and execute detailed plans and programmes for furtherance of the aims and objects of the Society;
ii. To prepare, approve and execute the budget for three months (April to June) of a financial year, pending approval of budget for the entire financial year by the General Body in its Annual Meeting to be called in the month of June.
iii. To receive, to have custody of and to expend the funds of the Society;
iv. To appoint and control such staff as may be required for the efficient management of the affairs of the Society;
v. To enter into agreement for and on behalf of the Society;
vi. To institute and defend legal proceedings by and on behalf of the Society;
vii. To appoint committees for disposal of any business of the society or for advice in any matter pertaining to the society;
viii. To take decisions on applications for membership;
ix. To attend to any other business referred to it by the General Body of the society.
13.3 The Governing Body will take decisions on the basis of a majority of the members with voting rights voting in favor of the proposal. In the event of a tie, the Chairman will be able to exercise a second casting vote.
14 Powers and duties of Office-Bearers:
14.1 Honorary Chairman -
i. To preside over the meetings of the General and the Governing Body or any of the Committees of the Society,
ii. To have a second casting vote, in the event of equality of votes in the Governing Body.
iii. To direct the Secretary to convene annual and special meetings of the Governing and General Body, on the dates fixed.
14.2 Honorary Vice-Chairman -
In the absence of the Honorary Chairman, the senior most Honorary Vice-Chairman shall discharge all the duties and functions of the Chairman.
14.3 Honorary Members -
The Members will participate in all meetings of the Governing Body and will be entitled to place any matter for consideration before the Governing Body in accordance with the Rules and Regulations of the Society.
14.4 Secretary -The duties and powers of the Secretary shall be –
i. To execute the decisions of the Society in the General Body meeting or the meetings of the Governing Body.
ii. To maintain the record of proceedings of the General Body and the Governing Body of the Society in the minute book.
iii. To enter into correspondence with the members and outside agencies, on behalf of the Society.
iv. To convene and arrange for the meetings of the General Body and the Governing Body.
v. To prepare annual report of the Society and present it before the Annual General meeting of the Society after approval by the Governing Body.
vi. To maintain a complete and upto-date list of the members of the Society, category-wise.
vii. To exercise the general supervision over the servants/employees of the Society.
viii. To place before the Governing Body all proposals regarding the management of the affairs of the Society.
ix. To perform any other function assigned to him by the Governing Body or the Chairman of the Society.
14.5 Treasurer - It shall be the duty of the Treasurer –
i. To receive on behalf of the Society all money due to it and deposit the same in the bank account of the Society as soon as possible.
ii. To maintain upto-date accounts of the Society.
iii. To prepare the annual budget of the Society for approval of the Governing Body and the General Body.
iv. To maintain accounts of subscription received from the members and the details of members, if any, in default of payment of the subscription.
v. To disburse payments authorized by the Governing Body.
vi. To render necessary assistance to the auditors appointed by the Governing Body in preparation of balance sheet and annual statement of accounts.
15 Source of Income – Utilization of Funds:
15.1 Sources of Income
15.1.1 Subscription received from the members.
15.1.2 Grants in aid received from the Government or any nation/international agency.
15.1.3 Sale of publications, etc.
15.2 Utilization of funds:
The income of the Society shall be applied solely towards the promotion of the objectives of the Society and no portion of it shall be paid or transferred to the present or past members of the Society.
Provided that nothing herein contained shall prevent the payment made in good faith of reasonable and proper remuneration to any employee of the Society nor shall prevent payment of interest at appropriate rates or payment of reasonable or proper rents for premises let out to the Society.
16 Finalization of Accounts:
The Accounts of the Society shall be finalized every year on 31st March and shall be approved by the Governing Body before placing the same before the General Body along with the report of the auditors.
17 Audit of Accounts:
The accounts of the Society shall be maintained by the Hony. Treasurer and shall be audited once every year by Auditors appointed by the General Body of the Society who shall be a Chartered Accountant, provided that the first Auditor shall be appointed by the Governing Body who shall hold office till the conclusion of the First Annual General Meeting.
18 Operation of Bank Account:
The funds of the Society shall be kept in any scheduled bank in Savings/Current/Fixed Deposit accounts. The accounts shall be operated by the persons specifically authorized by the Governing Body, by passing/adopting a Resolution.
19 Legal Proceedings:
The society may sue or may be sued in its name, through its Hony. Chairman or the Hony. Secretary.
Any amendment in Memorandum of Association or the Rules and Regulations shall be carried out in accordance with the procedure laid down under Section 12 of the Societies Registration Act 1860.
Provided that only the Fellow Members shall be eligible to participate in the proceedings for amendment of the Memorandum of Association and the Rules and Regulations of the Society.
If the Society needs to be dissolved, it shall be dissolved as per the provisions laid-down under Sections 13 and 14 of the Societies Registration Act, 1860 as applicable to National Capital Territory of Delhi.
Provided that only the Fellow Members shall be eligible to participate and vote in the proceedings for dissolution of the Society.
22 Disposals of Assets:
If on dissolution of the Society, there remain, after the satisfaction of all its debts and liabilities, any assets/property whatsoever, the same shall not be paid to or distributed among the members of the society or any of them, but shall be given to some other society which has similar aims and objects as the Forum of Indian Regulators to be determined by votes of not less than 3/5th of the Fellow Members present personally at the time of dissolution of the society or in default thereof by such court as per Section 14 of the Societies Registration Act 1860.
23 Application of the Act:
All the provisions of the Societies Registration Act 1860 as applicable to the National Capital Territory of Delhi shall apply to the Society.
24 Essential Certificate:
Certified that this is the correct copy of the Rules and Regulations of the Society.