Memorandum of Association of Pakistan Poultry Association (Revised/altered & amended as required by the Trade Organizations Act, 2013)

February 1, 2021 Activities, News

Memorandum of Association of Pakistan Poultry Association

(Revised/altered & amended as required by the Trade Organizations Act, 2013)

NAME

1. The name of Association shall be “PAKISTAN POULTRY ASSOCIATION”.

2. The area of operation of the Association shall be extended to whole of Pakistan with its membership on all-Pakistan basis.

REGISTERED OFFICE

3. (a) The Registered Central Office of the Association shall be at Islamabad.

(b) Besides the Central Office, there shall be Regional Offices of the Association comprising of Northern Region, which shall include the Province of the Punjab, Khyber Pakhtunkhwa Province and the Islamabad Capital Territory and the Southern Region, which shall include the Provinces of Sindh and Baluchistan.

(c) The Office of the Northern Region of the Association shall be situated at Lahore whereas the office of the Southern Region shall be located at Karachi.

(d) The Association may setup sub-offices of the Association for the convenience of its members as may be approved by the General Body of the Association.

AIMS AND OBJECTS

4. The aims and objects for which the Association is formed are as under:

(a) To provide facilities for and foster, encourage, secure and maintain good and closer relationship and unanimity among members and the trade in general and to promote and protect their business interests and to do all that is necessary for the furtherance and development of Poultry Farming and allied trade in Pakistan.

(b) To consider all problems and questions confronting Poultry Farming and Poultry Farmers etc. and to devise ways and means for tackling and solving the same.

(c) To collect and circulate permissible statistics and other information relating to or of interest to the business of its members and/or the trade in general.

(d) To publish or cause to publish or encourage and support publications, bulletins or any other information considered useful or beneficial to the trade.

(e) To consider and take legitimate steps necessary for starting, promoting, supporting and opposing any measures affecting the business of its members and the trade in general.

(f) To make representations to and communicate with local, provincial, Federal or other authorities, both Government and private on any matter affecting the business of its members of the trade.

(g) To secure, organize and coordinate action on all matters pertaining to or affecting the business of is members.

(h) To arbitrate in the settlement of disputes arising between members willing and/or agreeing to submit to arbitration in accordance with the arbitration rules of the Association and to adjust and resolve controversies between the members.

(i) To undertake special inquiries and investigations; negotiate or settle matters or secure redress of legitimate grievances connected with the business of its members.

(j) To hold in trust or in safe custody or otherwise except for the purpose of trading, any material or amount desired to be so held by the Government or members of the Association.

(k) To advise and assist the Government in the formulation of useful and progressive policies and to cooperate with them in their successful implementation.

(l) To take effective measures for the eradication of unethical practices from the field of trade, commerce and industry.

(m) To subscribe to and become member of the Federation of Pakistan Chambers of Commerce and Industry and procure from and communicate with any incorporated organization of trade, commerce and industry such information as may be likely to further the objects of the Association.

(n) To endeavor with recognized/registered Chambers of Associations of Trade and Industry acting through the Federation of Pakistan Chambers of Commerce and Industry to form a National Committee of International Chamber of Commerce, Paris.

(o) To endeavor with recognized/registered Chambers of Associations of Trade and Industry to form National Arbitration Association of Pakistan and to seek affiliation or liaison with similar other bodies abroad with the prior approval of the Government.

(p) To frame and assist in the framing of rules of practice for facilitating and simplifying the business of its members.

(q) To highlight the importance of animal protein (eggs and chicken) in human life among general public.

(r) And generally to do all that may be necessary to achieve the aims and objects of the Association directly and indirectly or take any measure conducive to the development and progress of the trade.

Provided always that the aims and objects and/or powers herein mentioned shall be implemented and exercised by the Association, with reference to and in terms of the said Memorandum and Articles of Association and that nothing herein shall be deemed to empower or authorize the Association or its Members to question, dispute or challenge the business status or the assessed performance values of its members or to suggest, recommend or carry out any allocations or distribution of material except on the basis as aforesaid.

INCOME AND PROPERTY

5. The income and property of the Association shall be applied solely towards the promotion of the aims and objects of the Association, as set forth in the Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise by way of profit to the members of the Association or any person or persons claiming any such benefit on their behalf.

Provided always that nothing herein shall prevent the payment in good faith or remuneration to any officer or servant of the Association or to any other person in return for any service actually rendered to the Association.

Provided further that no member of the Trade or of the Association shall be appointed to any salaried office of the Association or any office of the Association with paid fees and that no remuneration shall be given to any member except repayment for out of pocket expenses and interest on money lent or rent for premises demised to the Association.

CONDITION OF LICENCE

6. The conditions for grant of license and for registration of the Association shall be as prescribed by the Trade Origination Act, 2013 and the Companies Act, 2017 and Rule 3 of the Trade Organizations Rules, 2013.

AMENDMENTS

7. No additions, alterations and amendments shall be made in the Memorandum of Association or in the regulations contained in the Articles of Association for the time being in force, unless the same shall have been previously submitted to and approved by the Executive Committee with at least 51% of the total enrolled members, eligible for voting agreeing either in person or through proxy in writing.

Provided that any amendment or alteration in the Memorandum and Articles of the Association approved by the General Body, shall be subject to prior approval of the Federal Government and the Association shall also make any amendment or alteration in its Memorandum whenever so required by the Federal Government”.

8. The liability of the members of the Association shall be limited to their subscription.

WINDING UP

9. Incase of winding-up or dissolution of the Association in any manner, the members shall only be liable to pay to the Association the arrears, if any, accrued during the subsistence of the Association and /or during subsistence of their membership.

10. 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 if and so far effect can be given to the next provision shall be given or transferred to some other institution or institutions having objects wholly or partly similar to the objects of the Association to be determined by the Dissolution Committee of Law and in default, therefore, by such court as may have jurisdiction in the matter.

ACCOUNTS OF THE ASSOCIATION

11. True accounts shall be kept for sums of money received and spent by the Association and the matter in respect of which such receipt and expenditure takes place, and the property / credits and liabilities of the Association and subject to any reasonable restrictions as to the time and manner of inspecting the same, that may be imposed in accordance with the regulation for the time being of the Association shall be open to the inspection of 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 a qualified auditor.

We the following persons whose names and addresses are subscribed below are desirous of being formed into an Association in pursuance of the Memorandum of Association

S. No. Name and Address of Subscribers Signature Witness
1. Haji Muhammad Bashir
Patron In Chief,
Pakistan Poultry Association,
C/O NATIONAL FEEDS
171-II, Shadman, Lahore.
Ph: 042-37421405 Mr. Khalil Sattar
2. Mr. Khalil Sattar
Founder Chairman,
Pakistan Poultry Association
C/O K&NS POULTRY FARMS
160-Banglore Town, Shara-e-Faisal, Karachi.
Phone: 021-4533623-27 Haji Muhammad Bashir
3. Mir Tahir Zaidi
Chairman,
Pakistan Poultry Association,
C/O CONIMPEX HATCHERY & BREEDERS
1683 Quaid-e-Azam Market, Multan Cantt.
Phone No: 061-4515000 Dr. Muhammad Aslam
4. Dr. Muhammad Aslam
Ex-Chairman,
Pakistan Poultry Association,
C/O ISLAMABAD FEEDS
99-D, Sattelite Town, Rawalpindi.
Phone No: 051-4427139 Mir Tahir Zaidi
5. Dr. Muhammad Sadiq
Ex-Chairman,
Pakistan Poultry Association,
C/O SADIQ POULTRY (PVT) LTD
06-Allied Plaza, Chandani Chowk,
Muree Road, Rawalpindi.
Phone No: 051-4457561 Capt (Pilot) Saddike Malik
6. Capt (Pilot) Saddike Malik
EX-Chairman,
Pakistan Poultry Association, (NEWP Zone)
C/O Ghazi Kot, Shara-e-Resham, Mansehra.
Phone No: 0997-303052 Mr. Raza Mehmood Khursand
7. Mr. Raza Mehmood Khursand
Ex-Chairman,
Pakistan Poultry Association,
UNITED POULTRY FARMS
7-B, Agro Flats, Shadman Market,
Backside HBL Lahore.
Cell No: 0300-8447570 Mr. Abdul Basit
8. Mr. Abdul Basit
EX-Chairman,
Pakistan Poultry Association, (NEWP Zone)
GRAND PARENTS POULTRY (PVT) LTD
2-A, Ahmed Block, Garden Town, Lahore.
Ph: 042-5868612 Dr. Muhammad Arshad
9. Dr. Muhammad Arshad
HI-TECH PHARMA
1-C Shadman Chowk, Lahore.
Ph: 042-7577471 Rana Ghulam Mustafa
10. Rana Ghulam Mustafa
AL-MUSTAFA POULTRY FARMS
Arifwala, Thana Bazar, Arifwala, Distt: Pak Pattan.
Ph: 0457-834341 Maj (R) Syed Javaid Hussain Bukhari

Articles of Association
of
PAKISTAN POULTRY ASSOCIATION

NAME

1. The name of Association shall be “PAKISTAN POULTRY ASSOCIATION”.

INTERPRETATIONS

2. In these presents unless there be anything in the subject or context inconsistent herewith:-

(a) “Association” shall mean and have reference to “Pakistan Poultry Association”.

(b) “Extra Ordinary Resolution” shall have the same meaning as provided in the Companies Act, 2017.
.
(c) “Special Resolution” shall have the same meaning as provided in the Companies Act, 2017.

(d) “Year” shall mean the financial year beginning from 1st July and ending 30th June.

(e) Words importing the singular number only shall include the plural number and vice versa in relation to the members of the Association.

(f) “Office Bearers” shall mean the Chairman, Senior Vice-Chairman and Vice-Chairmen of a Trade Organization.

(g) “Act” means the Companies Act, 2017.

(h) “Associate member” means a member of a trade organization which is not a body corporate or a multinational or a sales-tax-registered manufacturing concern or a sales-tax-registered business concern having annual turn-over of less than Rs. 50 million is engaged in poultry farming and manufacturing of poultry feed and other poultry related/allied products.

(i) “Corporate member” means a member of a trade organization which is either a body corporate or a multinational corporation with its head office or branch office in Pakistan or a sales-tax-registered manufacturing concern or a sales-tax-registered business concern having annual turn-over of not less than Rs. 50 million and is engaged in poultry farming and manufacturing of poultry feed and other poultry related/allied products.

(j) “Northern Region” shall mean and include the Provinces of Punjab, Khyber Pakhtunkhwa Province and the Islamabad Capital Territory;

(k) “Southern Region” shall mean and include the Provinces of Sindh and Baluchistan;

l) “General Body” means all members of a trade organization;

n) “Secretary General” means an individual professional full-time employee of the trade organization who shall be in charge of the secretariat of the trade organization and responsible for day to day operations of the trade organization and in his capacity as such shall be custodian of all record pertaining to the trade organization;

MEMBERSHIP AND ELIGIBILITY

3. The liability of the members shall be limited to their subscription

4. The existing members of the Association including the subscribers to the Memorandum and Articles of Association for the purposes applying for license under the Trade Organization Act, 2013 and for its registration under the Companies Act, 2017.

Provided that the membership of the existing members shall be renewable if they fulfill the requirements to become members of the Association under the Trade Organization Act, 2013 as provided hereinafter.

Provided further that the existing members of the Association shall be classified according to their status as Associate and Corporate in the list of members appended with the application for grant of license under the Trade Organization Act, 2013 and its Rules.

5. There shall be two classes of membership in the Association:-

(a) “Corporate Member” shall be a member of the Association which is either a body corporate or a multinational corporation with its head office or branch office in Pakistan or a sales tax registered manufacturing concern or a sales-tax-registered business concern having annual turn-over of Rs. 50 million or above and is engaged in poultry farming and manufacturing of poultry feed and other poultry related/allied products.

(b) “Associate Member” shall be a member of the Association which is not a body corporate or a multinational or a sales tax registered business concern or a sales-tax-registered business concern having annual turn-over of less than Rs. 50 million is engaged in poultry farming and manufacturing of poultry feed and other poultry related/allied products.

Provided that any member may apply for change of its/his class of membership at any time but before publishing of the voters’ list for the forthcoming elections if the applicant fulfills the criteria and conditions of the desired class and incase of refusal of its/his Transposition he may file an appeal before the Regulator of the Trade Organization.

(c) The common poultry farmers and those allied to poultry business, who do not fall in any of the abovementioned classes of the members of Association but form an important part of the poultry business shall be eligible for their registration with the Association without becoming its members (having no voting right) so that they may be represented and their problems may be brought forwarded through the Association. The poultry farmer or trader so registered shall be called as the “Poultry Associate” and shall pay Rs. 1000/- as registration fee and Rs.500/- as renewal fee.

6. (1) Any business concern engaged in poultry farming and manufacturing of poultry feed and other poultry related/allied products such as Poultry Medicine Manufacturers and other poultry related business shall be eligible for grant or renewal of membership of the Association as associate or corporate member, as the case may be, if such business concern meets the following conditions, namely:-

(a) Is a sole proprietorship or a partnership firm or an association of persons or a company, holding national tax number and sales tax registration, if applicable, in the name of the business concern;

(b) Its/his business fits within the defined business scope or area of jurisdiction of the Association as provided in the approved Memorandum and Articles of Association and under the license granted by the Federal Government;

(d) The prospective member has no criminal conviction;

Provided that any individual, proprietorship, company, firm or association of persons holding more than one unit of Poultry Farming and allied industry at a time whether in single/same name/style or otherwise, shall be entitled to get memberships of the Association for each unit subject to having a distinct National Income tax Number for each unit.

APPLICATION FOR ENROLMENT AS MEMBER

7. (1) Any person, proprietorship, association of persons, firm or company being eligible for membership of the Association, as aforementioned and desirous of being enrolled as member in any of the classes of Members, may submit an application on the prescribed form along with admission fee and Annual Subscription to the Central Office of the Association or the Region in which the person, firm or company, as the case may be has its Head Office and carries on business. Such applications shall be duly proposed and seconded by two members of the Association. Regional offices will scrutinize the applications and shall forward to the Central Office for approval and further issuance of membership certificate by the Executive Committee. In case of rejection of the application by the Executive Committee, the applicant concerned may if so desires file an appeal within a period of thirty days of rejection of the application to the Executive Committee of the Association or re-submit a fresh application after the expiry of one year from the date it was last rejected.

(2) Where a person qualifies to be enrolled as member of the Association is refused enrolment or the enrolment is unduly delayed, he may file an appeal before the Regulator of Trade Organizations within a period of thirty days.

(3) The Regulator , if satisfied that a prospective member meets the eligibility criteria in sub-Article (1) above, may direct the Association for enrolling any such person as member upon the application of such prospective member having filed a complaint with the Regulator on the grounds of delay or refusal in obtaining membership in the said trade organization.

RENEWAL OF MEMBERSHIP

8. (1) The membership of Association shall be granted for a period of one year and shall expire on the 31st day of March every year irrespective of the date of grant of membership.

(2) The membership shall be renewable on annual basis subject to fulfillment of following conditions, namely:-

(a) Payment of prescribed subscription within the time stipulated in the Articles, which shall not be later than 31st of March; and

(b) Proof of filing return of income tax and sales tax, if applicable, for the preceding year.

(3) The Regulator, if satisfied that the renewal of membership of an eligible member has been delayed or refused, upon a complaint filed by the aggrieved member, may direct the Association to renew the membership of the applicant.

DISQUALIFICATION OF A MEMBER

9. (1) A member shall be deemed to have been disqualified and his membership shall be cancelled if he:-

(a) Fails to pay his subscription for a period of one month from the date it falls due. The Executive Committee may in case of very special circumstances extend the time for further period not exceeding one month from the due date.

(b) Is an un-discharged insolvent or is adjudged by a competent court of law to be of unsound mind or if he is convicted for an offence involving moral turpitude.

(c) Violates or contravenes any of the aims and objects of the Association or violates any rules of the memorandum or articles of association or if he breaches any provisions of the Trade Organization Act, 2013 and the Trade Organization Rules 2013.

(d) Is expelled by the Executive Committee from the membership rolls of the Association on charges of indulging in unethical business practices or acting in a manner prejudicial to the interest of the Association.

REMOVAL OF A MEMBER

10. (1) The Vice Chairman of the region may recommend to the Executive Committee expulsion of any member from their own Regions if they are satisfied that his activities have been or and detrimental to the interests of the Association.

(2) The Executive Committee of the Association shall before expelling any such member give prior opportunity of explaining his position in writing, or in person, and if the member fails to do so, or the Committee is not satisfied with his (member concerned) explanation, he shall be expelled provided three fourth of the Executive Committee members present vote in favour of his expulsion.

(3) A member who has been expelled or has ceased to be a member of the Association for any reason shall be liable to pay all dues outstanding against him towards the Association.

(4) Any member who has been expelled or has ceased to be a member of the Association for any reason shall not be re-admitted as a member in the Association until the expiry of one year from the date he was expelled or ceased to be a member of the Association. Upon re-enrolment he shall have to pay the admission fee afresh together with the membership subscription and other dues as may be outstanding against him.

Provided that the Membership of any member of the Association may be cancelled or he may be disqualified, in addition to the grounds provided under the trade organization’s memorandum and articles of association, if the member breaches any provision of these rules or Act.

(5) Any member may file an appeal before the Regulator of the Association within thirty days against cancellation of his membership, disqualification and/or removal, as the case may be, by the Association.

REPRESENTATIVE OF A MEMBER

11. (a) Not more than one representative of a member shall be entitled to take part in and vote at any meeting of the Association.

Provided that incase any individual, proprietorship, company, firm or association of persons holding more than one membership, as provided above, may nominate more than one representative for taking part in and vote at any meeting of the Association of its elections.

(b) The representative or the representatives, as the case may be, so nominated should, however, be associated with the member either as a partner or as a responsible executing employee, or in case of a Corporation as a Director, General Manager of the limited Company or Secretary. The names of all such representatives of members shall be entered in the Register kept for the purpose by the Association at its Central and Regional Offices. A member may change his representative by notifying the change at least 48 hours before such representative is to exercise his right of vote in writing to the Secretary General.

RIGHTS AND DUTIES OF THE MEMBERS

12. (1) The members shall have the following rights:

a. To take part according to existing rules in the activities of the Association.
b. To have the advantage of all information permissible and available with the Association.
c. To participate according to the rules and regulations of the Association in all privileges and benefits secured for the Association as a body corporate.

(2) The Members shall perform the following duties:-

a. To make every effort to carry out the aims and objects of the Association as laid down in the Memorandum of Association.

b. To act upon and carry out all the rules and regulations of the Association and other laws, rules and regulations for the time being in force in respect of the affairs of the Association.

c. To bring to the notice of the Association, and the office bearers concerned any act or matter likely to cause loss to any individual member or members of the Association.

d. To report to the Association and its office bearers all information considered necessary for promoting and/or achieving the aims and objects of the Association.

MEMBERSHIP FEES

13. (1) The membership fee chargeable from each class of the members of the Association shall be as under;

(i) Admission/registration Fee;

(a) Corporate Class 5000/-

(b) Associate Class 2500/-

The Admission fee shall be payable by all members once at the time of enrolment.

(ii) Annual Subscription;

(a) Corporate Class 5000/-

(b) Associate Class 2500/-

(2) The Annual subscription shall be payable by all members and shall be charged for the whole year irrespective of the date of their enrolment. Membership Fee whether admission on Annual subscriptions shall not be refundable in any event. The annual subscriptions shall become payable in advance before 31st March for the next year.

FUNDS OF THE ASSOCIATION

14. (i) The funds of the Association shall comprise of admission fee and Annual Subscription, gifts, donations and other contribution etc.

(ii) The admission fee and annual subscription shall be payable by members to the Regional Offices of the Association in their respective Region.

(iii) The gifts, donations, contributions etc. shall be received and utilized by the Central or Regional Offices as may be decided by the Executive Committee.

OPERATION OF ACCOUNTS

15. All money of the Association shall be deposited with an approved Bank/Banks whether by the Central Office or by the Regional Offices. Withdrawals of the money shall be made by means of cheques under the joint signatures of one office-bearer or one member of General Body duly authorized by the Executive Committee in this behalf and the Secretary General of the Association. And in case of Regions, by one office-bearer or one member of General Body duly authorized in this behalf by the Executive Committee and the Regional Secretary of the Association.
Para 24 (3) to Trade Organization Rule, 2013 the signatures of the Secretary General / Regional Secretary shall be mandatory for operation of all the single or jointly operated bank accounts of the Association.

ORGANISATIONAL SET-UP OF THE ASSOCIATION

16. The Central Office of the Association shall be located at Islamabad. The Regional Office of the Northern Region shall be located at Lahore whereas the Regional Office of the Southern Region shall be at Karachi.

CENTRAL SET-UP

17. The Central Organization of the Association shall comprise of:-

(1) One Chairman
(2) One Senior Vice Chairman
(3) Vice Chairmen
(4) Executive Committee comprising of 10 members from the Corporate class and 10 members from the Associate class and 02 seats of executive reserved for women members.
(5) General Body consisting of all members of the Association eligible for voting.
(6) There shall also be a Secretary General of the Association and other paid employees as may be necessary.
(7) The Chairman of the Association shall be elected for one year on rotation wise from each Region and the members of executive committee shall be elected for two years. On completion of tenure, officer bearers and members of the executive committee shall not be eligible to contest election or co-option in any representative capacity in the Association for the next one year.

REGIONAL SET UP

18. The Association shall have two Regions as below:-
(i) Northern Region (including the Provinces of the Punjab, Khyber Pakhtunkhwa and Islamabad Capital Territory).
(ii) Southern Region (including the Provinces of Sindh & Baluchistan).
(iii) More regions can be created whenever required with the approval of General
Body.

19. The Regional Organization of the Association shall comprise of:
(i) There shall also be a Regional Secretary who shall be a paid employee of the Association and such other paid staff as may be necessary.

FUNCTIONS OF THE CENTRAL & REGIONAL OFFICES

20. The Central Office of the Association shall have jurisdiction and powers to deal with the Government relating policy making for the poultry and related industries and for betterment of the members of the Association. The Regional Offices shall function under guidelines of the Central Office and shall have powers and functions exercisable in their respective Regions. All Exhibitions / Expos on part of Association will be carried out with the approval of Executive Committee. All offices of the Association are bound to follow the aims and objectives of the Association.

PLAN OF ACTIVITIES AND PERFORMANCE REVIEW

21. (i) The Association shall prepare a three years plan of activities which shall be approved by the executive committee followed by distribution amongst its members and cover, among other matters, the proposed future activities, finances and outcome of such activities intended by the trade organization during the said three years period.
(ii) The Association shall internally conduct an annual performance review and have such performance review audited by external auditors based upon an inspection of all records of the trade organization to include, but not be limited to, minutes of meetings and the trade organization’s plan of activities.

MANAGEMENT

22. (i) The Association shall appoint a Secretary General / Regional Secretary through a human resource committee formed by the executive committee and shall consist of three members of the executive committee.
(ii) The Secretary General shall be in-charge of secretariat of the Association, who shall exercise his powers and perform his functions under the Act.
(iii) The signatures of the Secretary General / Regional Secretary shall be mandatory for operation of all the single or jointly operated bank accounts of the Association.
(iv) The termination of services of the Secretary General shall be through a resolution of the executive committee.
(v) Any management employee who shall report directly to the Secretary General alone shall be appointed jointly by the Secretary General and the human resource committee.
(vi) Any other staff or professional management shall be appointed through a process to be defined in the trade organization’s human resource policy.
(vii) The Chairman; Vice-Chairman and Secretary General/Regional Secretaries have powers to terminate other staff.

WEBSITE

23. The Association shall within one year from the date of grant of license, create and
maintain a website at all times which shall include all relevant information, such as:

1) Updated list of office-bearers with contact details, executive committee’s members, management and members of the general body;
2) Memorandum and Articles of association as well as by-laws, if any;
3) Plan of activities and statement of vision;
4) Schedule of executive committee’s meetings and minutes of such meetings; and
5) Schedule of elections, voters’ list and election’s results during election period.

ELECTIONS

24. (1) The prospective member shall be eligible to vote in election of the Association after completion of 2 years of membership provided the member fulfills the conditions stipulated for the renewal of membership, if any, has been notified by the Secretary General with the approval of executive committee as the case may be at least three months prior to the announcement of election schedule.

(2) The elections of the Association shall be held on annual basis between 1st of July to 30th of September of the year.

(3) (i) The election schedule of the Association shall be approved by the Executive Committee and issued by the Secretary General in the first half of July.

(ii) Within two days of its approval by the Executive Committee, the election schedule shall be:

a) Displayed at the notice board of the head office and regional offices of the organization;
b) Displayed at the website of the Association; and
c) Submitted to the Regulator.

ELIGIBILITY TO VOTE

25. (1) Subject to provisions of section 10 of the Trade Organization Act, 2013 the eligibility of a member of Association to vote at the elections of the Association shall be subject to following conditions:

(a). The prospective member has completed two years of valid membership of the Association as on the date of announcement of election schedule by the Executive Committee of the Association; and

(b) The member has fulfilled the conditions of membership and renewal thereof of the Association under rule 11.

(2) Every member eligible to vote shall deposit with the Secretary General, the specimen signature card along with photograph indicating the status in the firm, company or concern. The right to vote shall be allowed only to the proprietor, partner or the director of the member firm or company

(3) The proprietor, partner or director of the member shall be entitled to cast vote at the time of election only if such person has already been registered with the Secretary General and his name appears on the list of voters as representatives of the member.

APPOINTMENT OF ELECTION COMMISSION

26. Simultaneously with the approval of the election schedule of the Association the executive committee shall appoint an election commission subject to the following conditions, namely:-

a) The commission comprises three members;

b) The members so appointed have submitted their consent in writing to their appointment as such;

c) The members of the commission, so appointed, have not held any office of the Association for the preceding two years;

d) The members of the commission shall not be entitled to cast vote or become a candidate in the election, they are conducting;

e) The members of the commission shall be independent, impartial and non-partisan; and

f) The members of commission shall not canvass for any of the candidates or panels contesting the elections, they are conducting.

FUNCTIONS OF ELECTION COMMISSION

27. The election commission shall be in-charge of all arrangements connected with the conduct of elections including but not limited to:

(a) Appointment of polling staff;

(b) Ensuring display of the tentative voters’ list by the Secretary General for the purpose of inviting objection

(d) supervision of polling process and ensuring that the polling has been conducted in an orderly, peaceful, transparent and fair manner in accordance with the provisions of the memorandum and articles of association and instructions of the Federal Government or the Regulator in this regard; and

(e) Counting of votes and announcement of results.

ELECTION PROCEDURE

28. (1) The election of the Association shall be conducted according to the procedure laid down as under:-

(a) The election of the office bearers shall be held by secret ballot,

(b) Neither postal ballot nor proxy shall be allowed; and

(c) The polling shall be held simultaneously at the head office, regional offices or where the number of voters exceeds fifty at the Sub-Regional offices of the Association:

Provided that where for want of space in the office premises it is not possible to establish the polling booths, the polling shall be held in a public place such as a community hall or hotel.

(2) Within three days of the announcement of the election schedule member firms desiring to change their representative shall intimate changes regarding name of representative to the Secretary General along with necessary proof of eligibility.

(3) The Secretary General of Association shall display within seven days of the announcement of election schedule the list of all members eligible to vote along with their national tax number, sales tax registration number, if applicable, the name and national identity card number of their representative. The list shall be displayed at:

(a) The notice board of the head office and regional offices of the Association; and

(b) The website of the Association.

(4) The members who have any objection to the entries in the list of voters shall send their objections in writing to the Secretary General within seven days of the issuance of the voters’ list.

(5) The Secretary General will intimate action on the objections or changes sent by members within five days from the last day under preceding clause.

(6) Any person aggrieved by the decision of the Secretary General may make a representation, within three days to the election commission which shall decide the case within three days.

(7) Within three days of decision by the election commission, any person aggrieved by the decision of the commission may appeal to the Regulator whose decision in this regard shall be final.

(8) Within two days of the decision of the Regulator the final voters’ list shall be:

(a) Displayed at the notice board of the head office and regional offices of the Association;

(b) Displayed at the website of the Association; and

Provided that if no appeal has been filed to the Regulator, the final list of voters shall be displayed within fifteen days of the decision of the election commission under sub-rule (6).

(9) Within four days of the display of the final list of voters, any person who is eligible to contest the election for the vacant post, shall send his nomination duly proposed and seconded by a duly registered voter and signed by the candidate to the Secretary General on the prescribed form in accordance with the Articles of Association or rules of the Association.

(10) Within twenty-four hours of receipt of nomination papers, a copy of the final list of voters shall be provided to each contesting candidate.

(11) The nomination papers shall be scrutinized by the election commission and list of candidates shall be displayed within twenty-four hours of the last date of receipt of nomination papers.

(12) The objections, if any, to the nomination of the candidates can be filed to the election commission within twenty-four hours of issuance of the list of candidates, which shall be decided by the election commission within two days.

(13) Any candidate aggrieved by the decision of the election commission may file an appeal to the Regulator within two days, whose decision in this regard shall be final.

(14) Within two days of the decision of the Regulator, the election commission shall issue the final list of candidates:

Provided that if no appeal has been filed to the Regulator, the final list of candidates shall be issued within eleven days of the decision of the election commission under sub-rule (12).

(15) Within five days of display of final list of candidates, the polling shall be held.

(16) The final result shall be officially announced at the annual general meeting of the Association called for this purpose within fifteen days of the date of polling under the preceding clause but not later than the 30th of September of the year;

(17) The announcement of election results in the annual general meeting in pursuance of the preceding sub-rule shall be the material date for the purposes of paragraph (iii) of clause (f) of sub-section (2) of section 14 of the Ordinance.

(18) The Final election results announced in the annual general meeting shall be:

(a) Displayed at the notice board of the head office and regional offices of the Association within two days;

(b) Displayed at the website of the Association within two days; and

CONDUCT OF ELECTIONS

29. (1) The ballot papers shall have duly numbered counterfoils and the voter shall sign or affix thumb impression thereon in the presence of polling agents of the candidates and the polling officer before the issuance of ballot papers to the voter.

(2) It shall be the duty of the polling officer to verify the identity of the voter. The only acceptable norms of identification shall be the computerized national identity card, the original identity card issued by the Association, the passport and the driving license. The polling officer shall enter the number of identification document on the counterfoil.

(3) After comparing the signatures and photograph with the specimen signature card the polling officer shall hand over the ballot paper to the voter.

(4) The ballot paper shall be signed by the Secretary General or an officer of the Association duly authorized by the commission in this behalf and shall also be signed by the polling officer at the time when it is issued.

(5) Once the ballot paper has been issued to a voter, he shall not be allowed to leave the polling booth, without casting in the ballot box.

(6) Adequate arrangements shall be made to maintain the secrecy of the polls.

(7) Proper account shall be maintained by an officer designated by the commission in respect of ballot papers including used, unused, tendered, challenged or spoiled ballot papers.

(8) The challenged votes shall be kept in a separate sealed envelope duly signed and sealed by the polling officer.

(9) The election commission or an officer designated by the commission shall decide about the challenged votes after verification of necessary information before the official announcement of the results.

(10) No ballot paper shall be invalid for failure to have cast all voles on all seats contested for in the said election.

(11) Counting of votes shall take place immediately after the polling hours under the supervision of polling officer in the presence of candidates or their polling agents, if any, at the designated sites.

(12) Provisional results may be declared by the commission immediately after the counting of votes is completed.

(13) In the event of equality of votes between two or more candidates the result shall be decided on the basis of a draw conducted by the polling officer in the presence of candidates or their polling agents and a record of the result thereof shall be made.

(14) Having completed the counting and compilation of results, the record pertaining to the elections shall be sealed and signed by the commission or any officer designated by the commission and the Secretary General and shall be handed over to the Secretary General for safe custody.

(15) The record of elections shall be opened for inspection upon an application made in this behalf by the candidates within seven days of the date of polling and with the approval of the Regulator.

ELECTION OF OFFICE BEARERS OF THE ASSOCIATION
(CHAIRMAN, SENIOR VICE CHAIRMAN AND VICE CHAIRMAN)

30. After the election the members of the newly elected Executive Committee in their first meeting shall amongst its members elect the chairman, senior vice chairman and vice chairmen under the

(ii) The election commission which conducted the election of the Executive Committee shall also hold the election of the office bearers of the association.

(iii) The elected office bearers shall hold their offices for a term of 01 year and members of the Executive Committee shall hold office for a term of 02 years.

(iv) The elections of the Executive Committee shall be held under control of an election commission as per rules.

(v) The elections shall be held through secret ballot.

GENERAL BODY OF THE ASSOCIATION

31. (i) The General Body of the Association shall be the supreme body of the Association. It shall have overall powers and control over the whole Association relating to policymaking and betterment of the members and shall exercise the same through the Executive Committee.

(ii) All representatives, members of Executive Committee and office bearers of the Association shall be ultimately responsible and answerable to the General Body of the Association.

(iii) All appeals shall finally lie with the General Body of the Association, whose decision on all issues shall be binding at all times.

EXECUTIVE COMMITTEE OF THE ASSOCIATION

32. (i) The Executive Committee of the Association shall be the main governing body for the whole Association and shall exercise overall control on Regional Offices. It shall manage and administer all affairs of the Association on behalf of the General Body of the Association falling in its jurisdiction. It shall cause to be carried out and execute all policies, programs and resolutions formulated and enunciated by the General Body of the Association or by itself in accordance with the rules and regulations in force. It shall enforce all rules and regulations and supervise and watch all activities of the Association. It shall take note of all matters and developments taking place in the country or abroad which may be of interest to or effecting the business of its members and shall take steps as may be necessary for implementing its policies and decision. It shall lay down and direct the pattern of working of the organization in accordance with the Memorandum and Articles of Association. It may appoint standing and/or sub-committees or other committees or assign members of general body for for specific purposes and special duties and shall formulate their terms of reference etc.

(ii) It shall discuss, deal, negotiate and communicate with the Government Authorities and/or private bodies, or individuals on all matters concerning or affecting the business of its members. It shall have powers to appoint representatives, open branches or other offices within the country and conduct and organize all other activities aimed at advancing the objects of the Association. It shall lay down, determine and enforce terms of service of the staff and fix their remunerations and recruit or remove them from service in accordance with the rules.

(iii) It shall have powers to sanction expenditure and when necessary, to collect funds for any purpose within the terms of the Memorandum and Articles of Association.

(iv) It shall have powers to issue or cause to be issued instructions, directives and advice to members or other officers of the Association on various matters both at the Centre and in the Regions. It shall guide and control the activities of the Central / Regional Organizations in policy matters. It shall cause to do all that may be incidental to its duties and of help in the promotion and development of the trade and the economic progress of the country, within the purview of the Memorandum and Articles of Association.

(viii) It shall also have authority to frame rules and regulations subject to the approval of the General Body and in consonance with the Memorandum and Articles of Association. It may also add, alter, improve and repeal regulations or bye-laws of the Association provided that they do not militate against the Standing Rules and Regulations already confirmed by the General Body of the Association subject to approval of the Federal Government. The Executive Committee shall retire after two years but shall continue to hold office till next elections take place.

CHAIRMAN OF THE ASSOCIATION

33. (i) The Chairman of the Association shall be the head of the entire organization including
(iii) Regional Offices and sub offices (if any) etc. The Chairman shall have the right of casting vote besides his own vote in case of a tie. He shall also have the power to give rulings and enforce discipline. He shall perform all other functions as may be incidental to his office or assigned to him by the General Body or the Executive Committee of the Association or recommended by the Regional offices.

SENIOR VICE CHAIRMAN OF THE ASSOCIATION

(ii) There shall be a Senior Vice-Chairman of the Association who shall use the powers of
the Chairman of the Association in the absence of the Chairman or as may be so directed by him.

VICE CHAIRMEN OF THE ASSOCIATION

34. The Vice Chairman of the region shall be the head of the Regional Offices and sub offices (if any) etc. He will be designated as Vice Chairman of the region. He shall perform all other functions as may be incidental to his office or assigned to him by the Chairman, General Body and the Executive Committee of the Association. He will designate Standing Committees out of General Body of the Region.

SECRETARY GENERAL OF THE ASSOCIATION

35. The Secretary General of the Association shall be a salaried officer and shall not be a member of the Association. He shall act in accordance with the directions of the Executive Committee of the Association and in keeping with the terms of the Memorandum and Articles of Association. The Secretary General of the Association shall be Incharge of the Central Office of the Association. All properties, documents, records and assets of the Central Office shall be in his charge, subject to the control of the Executive Committee. He shall have charge of all correspondence and shall cause to keep and maintain proper accounts of all the income and expenditure of the Association. He shall convene meetings, issue notices and agenda and circulate minutes and reports of meeting and conferences, sponsored, organized or called by the General Body or Executive Committee of the Association. He shall affect, execute and implement all decisions, programs and policies of the Association. He shall attend all meetings, committees, conferences sponsored or called by the General Body or Executive Committee unless the decision for calling or constituting such meetings provided otherwise. All paid employees of the association shall be under him and he shall supervise and direct their working. Besides, he shall perform such other duties and powers as may be assigned or delegated to him by the Executive Committee or the Chairman or as may be incidental to his office.

ACCOUNTANT OF THE ASSOCIATION

36. The Accountant shall look after and maintain all accounts of the Association and shall be a paid person. He shall keep in proper order all books, statements etc. and shall prepare Balance Sheets etc. He shall be responsible for all work pertaining to accounts and shall keep the Secretary General informed of the position. He shall also receive quarterly or six monthly reports from Regional Offices on their respective financial positions, as also yearly Balance Sheets from the Regions duly audited.

REGIONAL SECRETARIES

37. The Regional Secretaries shall perform similar duties and functions in respect of their Region, as the Secretary General of the Association. They shall also perform all such duties as may be assigned to them by the Secretary General of the Association from time to time or as may be incidental to their offices. They shall send information about all activities of Regional offices and forward copies of all letters, communications or information released by their offices, to the Secretary General for information and record.

REGIONAL ACCOUNTANTS

38. (i) The Regional Offices shall keep Regional accounts and shall perform similar duties in their own Regions as the Central Accountant and all other duties incidental to their offices.
(ii) If considered desirable, the Regional Secretary may also act as Regional Accountant in addition to his work.

MEETING

39. The normal business of the Association shall be carried on by the Executive Committee of the Association as decided by majority votes. Only those members shall be entitled to vote who are qualified as per the preceding articles.

GENERAL BODY MEETING

40. Annual General Meetings:

(a) Annual General Meeting shall be held within fifteen days of the date of polling but not later than 30th September of the year. The time, date and place, together with the agenda for the Annual General Meetings shall be notified by the Secretary General 21 days in advance of the date of the meeting.

(b) The voting shall be by show of hands, except when a poll is demanded by any member, in which case the Chairman shall take the poll.

(c) If the majority of members desire that voting shall be taken by ballot shall be so taken. In case of ballot, two scrutinizers shall be appointed by the members present and the votes shall be counted and the results announced.

(d) The Annual General Meetings shall in preference to all other matter dispose off the following agenda first:

(i) Annual Report – consideration and adoption.
(ii) Annual Balance Sheet of the Association – consideration and adoption.
(iii) Election of Executive Committee.
(iv) Appointment of Auditors and fixing of their remuneration.
(v) Appointment of Sub-Committees.

a. The Association shall make a declaration to the auditors of all accounts including those opened separately for projects such as local and foreign exhibitions, delegations, etc., and shall not maintain any account which is not subject to audit.

41. All resolutions shall be adopted by a majority vote of members, provided that if the event of difference of opinion between the Ordinary members and the Associate members no resolution shall be deemed to have been passed unless it has agreed to by at least 75% of the Ordinary Members on roll present in person.

SPECIAL ORDINARY OR EXTRA-ORDINARY GENERAL
MEETINGS OF THE GENERAL BODY

42. (i) All Meetings of the General Body, other than the Annual General Meeting, shall be called Ordinary, Extra ordinary, or Special General Meetings and shall be held at any time and at any place as the Executive Committee may deem fit and convenient for the disposal of the business of the Association.

MEETINGS ON REQUISITION

(ii) An Ordinary, Extra-ordinary, or Special General Meeting can also be held on a requisition signed by one fifth (1/5th) of the total number of members of the General Body specifying clearly the business desired to be transacted.

(iii) The Secretary General upon receipt of such requisition made in writing by at least one-fifth of the members of the General Body shall convene an Ordinary, Special, Extra-ordinary General Meeting and such a meeting shall be called within 21 days from the date of receipt of such requisition, and a notice of such a meeting under the signature of the Secretary General shall be circulated among the members for their information at least fourteen days before the time appointed.

(iv) Any requisition for an ordinary, extra-ordinary, or Special General Meeting shall express the object of the Meeting and must be signed by the requisitionist(s) and should be sent to the Secretary General at the Central Office by registered post acknowledgement due.

QUORUM

(v) One-third (1/3) of the members of the General Body present in person or by proxy and qualified for the time being, will form the quorum for the Central Annual General or Ordinary, Extra-ordinary, or Special General Meetings and no business shall be transacted at such meetings unless there be a quorum.

CONDUCT OF BUSINESS

(vi) The Chairman of the Association shall preside over every Central General Meeting of the Association and in his absence, the Vice-Chairman from the Region in which the meeting is being held, shall preside over such meetings. If the Chairman and the Vice-Chairman be not present at the time of holding a meeting, the members present shall elect some one from amongst themselves to act as Chairman of the meeting.

(vii) The Chairman with the consent of the members present, may adjourn the meeting from time to time, and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

EMERGENT GENERAL MEETING OF THE GENERAL BODY

43. (i) In emergencies the Chairman or the Executive Committee may call an emergent meeting on the General Body with 10 days’ notice in advance.

(ii) The quorum for such meetings shall be one-third (1/3) members of the General Body present.

EXECUTIVE COMMITTEE MEETINGS

44. These may be called by the Secretary General at the instance of the Chairman or any three members of the Executive Committee or the Secretary General himself in consultation with the Chairman. The quorum shall be 1/3 member present the Executive Committee. The Executive Committee shall hold at least one meeting in every three months on rotation and at least 2 meetings shall be held in each Region in one year.

QUORUM

45. The quorum of all meetings shall be as provided. In case a meeting is adjourned for want of quorum, no quorum shall be necessary for the adjourned meeting and the members present shall transact the business.

VACANCIES

46. (i) In the event of any office bearer or member of the Executive Committee vacating
his office at any time during the year, the vacant office shall be filled up by the Executive Committee within 30 days of the vacancy by co-option. Office bearers so co-opted shall be entitled to hold office till the next elections and shall belong to the same class of membership and Region to which the outgoing office bearer belonged.

(ii) The Office of a member of the Executive Committee shall be vacated if he absents himself from three consecutive meetings of the Executive Committee or for a continuous period of three months whichever is longer, without leave or permission from the Executive Committee.

(iii) If a vacancy is caused on the Executive Committee, or any Committee by disqualification as per Article No. 9 and 10 and/or by resignation, the vacancy shall be filled up for the remaining period of the year by the Executive Committee by co-option.

(iv) In the event of any office bearer or member of the Executive Committee going on leave for a period exceeding three months, the Executive Committee may co-opt a substitute in his place to act for the period of the leave.

(v) (a) Notice of the meeting of the Association with a statement of the business to be
transacted at the meeting shall be sent to every member as hereinafter provided, but the accidental omission to give notice to or the non-receipt of notice by any member shall not invalidate the proceedings at any meeting.

(b) Any member present in person shall be entitled to demand a poll.

(c) An instrument appointing a proxy in the form set out in regulation of the Companies Act, 2017 shall not be questioned.

(d) Any member whose name is entered in the Register of members of the Association shall enjoy the same right and be subject to the same liabilities as all other members of the same class.

(vi) It shall be obligatory upon every member to notify any change of his address so that the same may be noted in the Register of members. In the absence of such intimation a notice sent to the address last noticed in the Register of members shall be deemed good.

AMENDMENT TO RESOLUTIONS

47. No resolution passed at a meeting shall be changed or altered within two months of the passing of the same unless 51% of the members present at a similar meeting and entitled to vote agree to such alterations.

ACCOUNTS AND RECORDS

48. The Executive Committee shall keep or cause or be kept records and proper books of accounts in which shall be entered full, true and complete accounts of the affairs and transactions of the Association which will include inter alia the following:-

(a) Minutes books for meetings of General Body.
(b) Minutes books for meetings of Executive Committee.
(c) Register of members correctly showing their registered address (including names of their representatives).
(d) A register of members of the Executive Committees from time to time showing the name, address and occupations of members.

BOOKS AND INSPECTION

49. The Account Books and other documents shall be kept at the Central and Regional Offices of the Association and shall be open to inspection by members of the Executive Committee and the members of the Association, at such time or times during the day and to such extent as the Association in General Meeting may from time to time determine. The Executive Committee and the Chairman or Vice Chairman shall be in respect of the Central / Regional Office have the right to refuse inspection of any documents which at the time, in its / his opinion, is likely to prejudice the interests of the Association. Reasons for such refusal shall be given in writing and the aggrieved party may appeal to the General Body concerned on the subject and the decision of that Body shall be final.

MANAGEMENT OF PROPERTY

50. All the properties of the Association, whether belongings to it or held by it in trust shall unless otherwise provided by any instrument of trust, vest in the Association and in case of any Bill, Note, Negotiable Instrument of whatsoever nature, Agreement Bond, Indemnity nature, the same shall be deemed to have been duly executed, accepted, admitted, endorsed and completed on behalf of the Association if signed by the Chairman and Secretary General or in their absence by any two or more members appointed for the purpose by the Executive Committee.

SEAL OF THE ASSOCIATION

51. The Association shall have a common seal which shall not be affixed to any instrument or document except by the authority of a resolution of the Executive Committee and in the presence of at least one member of the Executive Committee and the Chairman or Secretary General, and such member and Chairman or the Secretary General shall sign every instrument to which the seal of the Association is so affixed in their presence.

ANNUAL REPORT

52. The Executive Committee shall at the end of its term of office prepare and/or publish under the signature of the Secretary General a report of the work done and the progress made by the Association during the Executive Committee’s tenure of office. This report shall be placed before the Annual General Meeting for consideration and adoption and shall be published if so resolved by the Executive Committee for general information of members and the public in which case copies thereof shall be supplied to members gratis or on payment of such sum as the Executive Committee may fix.

ARBITRATION

53. (i) All disputes, differences or claims whatsoever which shall arise between members
individually or severally of the Association or about or in connection with these Rules shall be referred t o the committee which may at its discretion direct the parties to refer t he disputes, differences or claims to arbitration under the Rules of the Federation of Pakistan Chambers of Commerce and Industry shall be accepted as final and binding on all members.

Provided that nothing in this clause contained shall affect or prejudice or derogate from or override the powers, authorities and discretion of the Executive Committee under all other Rules of the Association.

(ii) Power and authority of the Association and of its Executive Committee shall be as set out in the Article and shall be exercisable only in terms of the Memorandum of Association and shall be limited and restricted accordingly.

(iii) The compulsory regulations laid down under section 26 of the Companies Act, 2017 and the regulation, rules, instructions contained in the Trade Organizations Act/Rules, 2013 and or in any other law for the time being in force shall be deemed as included in these Articles.

(iv) Amendment to these Articles shall be made with the prior approval of the Federal Government and shall also be made when required by the Federal Government in the public interest.

MISCELLANEOUS

54. (i) All meetings of the Executive Committee shall normally be held at the head office of the Association except the Annual General Meetings of the General Body of the Association which shall be held by rotation in the Regions. Provided that in special case the Secretary General/Regional Secretary may, in consultation with the Chairman, as the case may be, call the meeting at any other place.

(ii) At the time of election of the Executive Committee if any member raises a dispute or challenges the election of any other member, the Chairman of the meeting shall decide the matter there and then at the time of election of the Executive Committee. If it is found that two or more members have secured equal number of votes the Chairman of the meeting shall draw lots in respect of all such members and such of them as come first in the lot to make up t he number required shall be deemed as elected.

We the following persons whose name and addresses are subscribed below are desirous of being formed into an association in pursuance of the Article of Association.

Memorandum of Association of Pakistan Poultry Association (Revised/altered & amended as required by the Trade Organizations Act, 2013)

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