Article of Association
These rules may be called as ‘Rules of Haryana Institute of Civil Aviation’ (Hereinafter called the Institute).
- President: means the president of the General Body and Executive Committee of Haryana Institute of Civil Aviation
- Vice President: means the Vice President of the General Body and Executive Committee of the Haryana Institute of Civil Aviation
- Chairman: means the Chairman of the Executive Committee. Of Haryana Institute .
- Chief Executive Director: means the Chief Executive Director of the Haryana Institute of Civil Aviation.
- Rules: means the Rules of the Haryana Institute of Civil Aviation.
- General meeting: means includes special or ordinary General Meeting of the Haryana Institute of Civil Aviation.
- State: Means the State of Haryana.
- State Government: means the Government of Haryana.
- Member: means the memories of the General Body or Executive Committee of the Haryana Institute.
- Bye-laws: means the bye-laws of the Haryana Institute.
Composition of the Institute :
The Institute shall consist of the following members:
- Minister-in-Charge for Civil Aviation, Haryana – President
- Secretary to Government of Haryana, Civil – Vice-President
- Secretary to Government of Haryana, Finance Department or his nominee- Member
- Adviser, Civil Aviation Haryana and – Member Secty.
- Deputy Director General NCC, Punjab Haryana, Himachal Pradesh & Union Territory of Chandigarh Area, Chandigarh. – Member
- Station Commander, Chandimandir Cantonment, Chandimandir – Member
- Air Officer Commanding, 12 wing, Air Force Station,Chandigarh. – Member
- Deputy Commissioner, Panchkula – Member
- Deputy Commissioner, Karnal – Member
- Director, Higher Education, Haryana,Chandigarh – Member
- Chief Engineer, Buildings, PWD B&R,Haryana, Chandigarh – Member
- Principal, Sainik School, Karnal – Member
- Director General of Civil Aviation,Govt. of India, New Delhi or his nominee. – Member
- Chief/ Senior Executive Pilot, Civil Aviation Department , New Delhi or his nominee – Member
- Two eminent persons/ experts connected with the Civil Aviation to be nominated by the State Government – Member
The appointment of President, Vice President, and Members is by virtue of their office.
Roll of Members
The Institute shall keep a roll of embers giving their occupation and addresses and every member shall sign the same. If a member of the Institute changes his addresses, he shall notify his new address to the Chief Executive Director of the institute who shall there upon cause his new address to be entered in the roll of members. If the member fails to notify his new address, the address given in the roll of members shall be demand to be his address.
Term of Office:
- The term of office of members shall be for three years. They shall, however, be eligible for re-appointment.
- A member of the Institute may resign his membership by a letter addressed to the Chief Executive Director but his resignation shall take effect only on its acceptance by the President.
- A member of the Institute shall cease to be a member if he become insolvent or unsound mind or is convicted of a criminal offence involving moral turpitude.
Officers of the Institute:
The following shall be the officers of the Institute, namely :-
- Vice President;
- Chairman of the Executive Committee;
- Chief Executive Director-cum-Member Secretary of the Institute; and
- Such other officers as the Executive Committee may from time to to=ime, appoint.
General Body :
- There shall be a General Body of the Institute and it shall be composed of all the members of the Institute. The annual General Body meeting of the Society shall be held once every year at such time date and place as the President may decide. The first Annual General Meeting shall be held by the Society within three months of its registration. The nest Annual General meeting of the Society shall be held within nine months after the expiry of the financial year in which the first Annual General Meeting is held and thereafter the Annual General Meeting shall be held within nine months after the expiry of each financial year. For the purposes of sub-rule, each year shall be deemed to commence on the first day of April and terminate on the thirty-first day of March of the following calendar year.
- A special General Meeting may be convened at any time on the requisition of the President or on the requisition of one-fifth of the total number of members of the society who shall state in writing to the Chief Executive Director shall, within ten days from the date of the requisition and in consolation with the consideration of the business stated on a day not later than thirty-five days from the date of receipt of the requisition.
- All meetings of the society shall be called by notices under the signatures of the Chief Executive Director or any other officer/authority in this behalf.
- Every notice calling a meeting of the society shall state the date, time, and place at which such meetings shall be held and shall be delivered by hand on sent by registered post to every member at the address mentioned in the register of members not less than 14 clear days before the date appointed for the Annual General meeting and ten days before the date appointed for the special General meeting.
- If a member has no registered address in India, and has not supplied to the society, an address within India for given of notice to him, a notice advertised in a Newspaper in English and Hindi shall be deemed to be duly given to him on the day on which the advertisement appears in the Newspapers.
- The accidental omission to give notice to, or the non-receipt of notice by any member or other person to whom it should be given, shall not invalidate the proceedings of the meeting.
- The President shall preside over all ordinary or Special General meetings. In his absence, the Vice President shall preside, In the absence of the two, one of the members present elected for the purpose by the members present, shall preside.
- One third of the number of members shall from the quorum , if there ids no quorum at a meeting, the meeting shall be adjourned for half an hour and it will then be held even if no quorum is present.
- Should a person who is the member of the Institute by virtue of his office held by him be unable to attend the meeting of the Institute he may appoint a proxy to attend the meeting to take part in the proceedings of that meeting for which he is nominated but shall not have a right to vote.
- All disputed questions at meetings of the General Body shall be determined by vote. Each member of the Institute shall have one vote. In case of an Equality of votes, the person presiding over the meeting shall have the casting vote.
- The President may invite any p[person other than a member to attend a meeting of the General Body. such invitee shall not, however, be entitled to votes at the meeting.
- The General Body shall function not withstanding any vacancy therein and not withstanding any defect in the appointment or nomination of any member and no act or proceeding of the General Body shall be invalidated or nullified merely by reason of the existence of any vacancy therein or any defect in the appointment or nomination of any member.
- A member of the Institute shall cease to be such a member if he:
- Dies, or
- Resign his membership, or
- Becomes of unsound mind, or
- becomes insolvent, or
- Is convicted of a criminal offence involving moral turpitude, or
- Is removed by the State Government.
Functions and Powers of the General Body.
Functions and Powers of the General Body.
- Approve the annual budget of the Institute drawn up by the EXECUTIVE Committee;
- Consider the annual report prepared by the Executive Committee;
- Consider the balance sheet and audited accounts for the outgoing year;
- Add to and amend the rules of the Institute;
- Frame bye-laws not in consistent with these rules, for the regulation of the business of the Institute with particular reference to preparation and approval of the budget estimates, the sanctioning of the expenditure, re-appropriation of funds, making, and execution of contracts, investment of the funds of the Institute, procedure and terms and conditions for appointment of staff, terms and conditions governing scholarships, fellowships, and deputations, grant-in-aid, training, and research schemes and projects, rules of conduct and other conditions of services of the staff of the Institute.
- Constitute adhoc/special committees, with or without power to coopt, for disposal of any business of the Institute or for advice in any matter pertaining to the Institute; and
- Perform such other functions as are entrusted to it under these rules.
The Executive Committee:
- There shall be an Executive Committee of the Institute, which shall consist of the following members:-
- Secretary to Govt. Haryana, Civil Aviation – Chairman
- Secretary to Govt. Haryana Finance Department or his nominee – Member
- Adviser, Civil Aviation, Haryana And Chief Executive Director – Member Secty
- Deputy Director General ,NCC Punjab, Haryana, Himachal Pradesh And Union Territory of Chandigarh Area Chandigarh. – Member
- Deputy Commissioner , Panchkula – Member
- Deputy Commissioner, Karnal – Member
- Deputy Commissioner, Hisar – Member
- Air Officer Commanding, 12 Wing, Air Force Station, Chandigarh. – Member
- Chief/ Senior Executive Pilot Civil Aviation Department Haryana, Chandigarh. – Member
- Director General of Civil Aviation, Govt. of India or his nominee – Member
- Principal, Sainik School Karnal – Member
- The terms of the member of the Executive Committee shall be two years, but they shall be eligible for re-appointment. If any member of the Executive Committee ceases to be member of the Institute , he shall automatically cease to be member
- The Executive Committee shall meet as and when required at such time, date and place as the Chairman of the Executive Committee may decide.
- The meeting shall be called by notice under the signature of Chief Executive Director or any other authorized in this behalf. For every meeting of the Executive Committee, not less than ten clear days notice shall ordinarily be given to each member. However, the Chairman may at his discretion, call a meeting with shorter notice if it is considered necessary or expenditure to any reason.
- One third numbers of members of the Executive Committee shall from the quorum. The requirements of quorum shall not, however, apply to meetings adjourned for want of quorum.
- The Executive Committee shall function notwithstanding any vacancy therein and notwithstanding any defect in the appointment or nomination of any member and no act or proceedings of the Executive Committee shall be invalidated or nullified merely by reason of the existence of any vacancy therein or of any defect in the appointment/ nomination of any member.
- Any causal vacancy amongst the nominated members of the Executive Committee, arising from death or resignation or otherwise, may be filled by nomination by the President and the members so nominated shall hold office for the unexpired portion of the term of office of the member causing the vacancy.
- Every meeting of the Executive Committee shall be presided over by its Chairman and in his absence, by a member chosen by the meeting
- The meeting of the Executive Committee shall be held once in three months,
- The Chairman of the Executive Committee may himself call or by a require the Chief Executive Director to call a meeting of the Executive Committee at any time.
- Each member of the Executive Committee, including the Chairman, shall have one vote and in case there is an equality of votes on any question to be decided by the Executive Committee, its Chairman or in his absence, the person presiding over the meeting shall have a casting vote.
- The Chairman of the Executive Committee may invite any person other than member, to attend a meeting of the Executive Committee. Such invitee shall not, however, be entitled to vote at the meeting.
- Any business which may be necessary for the Executive Committee to perform may be carried out by circulation among all its members and any resolution so circulated and approved by a majority of members signing shall be as effectual and binding as if the resolution had been passed at a meeting of the Executive Committee.
Functions and powers of the Executive Committee.
- Subject to the general control and directions of the General Body. The Executive Committee shall be responsible for the management and administration of the affairs of the Institute in accordance with these rules and by-laws made there under for the furtherance of its objects and shall have all powers which may be necessary or expedient for the purpose and all properties movable and immovable of the Society shall vest in the Executive Committee.
- Without prejudice to the generality of the foregoing sub-rule, the Executive Committee shall have the following functions namely:-
- To prepare and execute detailed plans and programmers for the
furtherance of the objects of the Institute;
- to create such posts, appoint and control such staff other than those for whose appointment specific provisions have been made elsewhere, as may be required for the efficient management of the affairs of the Institute and to regulate the recruitment and conditions of their service;
- to receive and to have custody of the funds of the Institute and to manage the properties of the Institute.
- to enter for and on behalf of the Institute into any agreement including those containing arbitration clauses;
- to sue and defend all legal proceedings on behalf of the Institute;
- to appoint Committees with powers to coopt, for disposal of any business of the Institute or for advice in any matter pertaining to the Institute, provided that in cases of emergency, the Chairman of the Executive Committee shall have the Power to appoint such Committees,
- to accept the management of any endowment trust, fund, subscription, or donation, provided that it is not attended by any condition inconsistent or in conflict with the objects of the Institute;
- to draw up the annual budget of the Institute to be submitted for approval of the General Body;
- to prepare the annual report and accounts of the Institute for the consideration of the General Body;
- to incur expenditure subject to the provisions of the approved budget;
- to lay down term terms and conditions governing scholarships, fellowships, deputations, grant-in-aid, training and research schemes and projects; and
- to nominate a person or persons to represent the Institute in national or international conferences and organizations, subject, in the case of conference or organizations outside India, to the approval of the Government of Haryana in the Department of Civil Aviation.
- The Executive Committee may by resolution, delegate to its Chairman, the standing committee, the academic Committee, or to the Chief Executive Director of the Institute or to any other officer of the Institute such of its powers for the conduct of business as it may deem fit, subject if deemed necessary to the conditions that action taken by the Chairman, or the Chief Executive Director of the Institute or any other officer, under the powers so delegated shall be subject to confirmation at the next meeting of the Executive Committee.
Powers and Functions of the Chief Executive Director cum-Member Secretary of theInstitute.
- The Chief Executive Director of the Institute as the Principal Executive Officer of the Institute shall be responsible for the proper administration of the affairs of the Institute and shall exercise powers under the direction and guidance of the Executive Committee.
- It shall be the duty of the Chief Executive Director of the Institute to coordinate and exercise general supervision over all the activities of the Institute.
- He shall prescribe the duties of the officers and staff of the Institute and shall, subject to these rules and bye-laws if any, exercise such supervision and disciplinary control as may be necessary
- The Chief Executive Director will be assisted by the full-time Executive Director and Executive Officer. These officers will be appointed from the State/ Central Govt. on transfer/deputation basis or through advertisement / other agencies i.e. India Airlines, Airport Authority of India, etc.
Funds of the Institute :
The funds of the Institute shall consist of the following:
- Grants made by the Government of Haryana, the Government of India or any other State Government.
- Donation and contributions from other sources.
- Fees and charges imposed by the Institute for the training/ services rendered by it.
- Income and receipts from other sources
- Income from investments.
The funds of the Institute will be operated by the Chief Executive Director or any other officer authorized by him.
The bankers of the Institute shall be any nationalized Bank whom the Executive Committee may approve by a resolution.
All funds shall be paid into the Institute’s account/accounts with a branch/ branches of the Bank as prescribed and shall not be withdrawn except by means of a cheque, order or any other negotiable instrument signed by the Chief Executive Director of Institute or an officer authorized by him on his behalf
Powers of the Government:
In the discharge of its functions, the General Body and the Executive Committee shall be guided by such directions on questions of policy as may be given to it by the Government of Haryana. Such directions shall be in writing and binding on the Institute
Audit and Accounts:
- The institute shall cause regular accounts to be kept of all its moneys and properties in such from as may be prescribed by the Executive Committee.
- The accounts of the Institute shall be audited annually by Auditors appointed by the General Body. The Auditors shall have the right to demand the production of Books, accounts and papers. Any expenditure incurred in regard to such audit shall be payable by the Institute.
- The results of Audit shall be communicated by the auditors to the General Body of the Institute. The Auditors shall also forward a copy of the report direct to the Government of HARYANA. The General Body shall submit a copy of the Audit Report along with its observations to the Govt. of Haryana.
- The State Govt., Civil Aviation Department may audit the accounts and inspect the Institute or Check the Standard of training or any other facilities provided by the Institute.
An annual report of the proceedings of the Institute and of all activations undertaken during year together with the balance sheet and audited accounts shall be prepared by the Executive Committee for the Information of the Government of Haryana and of the members of the Institute. A draft of such report and yearly accounts of the Institute shall be placed before the General Body at the Annual General Meeting.
Office of the Institute:
The office of the Institute shall, for the present, be at Karnal or at such other place as may be determined by the Government of Haryana from time to time.
Suits and proceedings by and against the Society:
- The Society may sue or may be sued in the name of the Chairman or Secretary or any office bearer authorized by the General Body in this behalf.
- No suit or proceeding shall abate by reason of any vacancy or change in the holder of the office of the Chairman, the Secretary, or any office bearer authorized in this behalf.
- Every decree or order against the Society in any suit proceeding shall be executed against the property of the Society and not against the person or the property of the Chairman, the Secretary, or any office-bearer.
- Every member of the Society may be sued or prosecuted by the Society for any loss or damage caused to the Society or its property or for anything done by him detrimental to the interests of the Society. Provided that no action shall be taken against the member for anything done by him in good faith.
Alternation or extension of the Purpose of the Institute.
Subject to the provision of the Societies Registration Act, 1860 (21 of 1860), the General Body alter, extend or abridge, any purpose or purposes for which the Society is established.
Amendment of the rules:
The rules of the Society may be altered at any time by a resolution passed by a majority of the total membership of the General Body and by a majority of not less than two thirds of member present and voting at any meeting of the General Body wich shall have been convened for the specific purpose after giving due notice of such resolution to the members of the General Body, provided that until such time as the General Body is constituted, the rules may be altered by a resolution passed by the members of the Executive Committee
Landing up or dissolution:
If upon the winding up or dissolution of the Society 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 member of the Society, but shall be given or transferred to some other institutions having objects similar to the objects of the Society to be determined by the member of the Society at or before the time of dissolution.
The right to avail of the training facilities shall be subject to the rules and regulations in force, the payment of the prescribed fees, and the orders of the Chief Executive Director or other authorized for the purpose. Any member who is found to be not making satisfactory progress can be suspended by the Chief Executive Director or authorized for the purpose and removed from flying training