Constitution / By-Laws of the Union KSM&SRA

1. NAME: The name of the Association shall be Karnataka State Medical and Sales Representatives' Association, to be termed in Abbreviation as KSM & SRA. The name of the association in vernacular language of Kannada can also be referred as ಕರ್ನಾ ಟಕ ರಾಜ್ಯ ಔಷಧ ಮತ್ತು ಮಾರಾಟ ಪ್ರತಿನಿಧಿಗಳ ಸಂಘ.

2. a. Medical And Sales Representatives: Any person above the age of 15 years working in any part of Karnataka, in pharmaceutical or other industries or establishment, on salary or commission or both, as a Sales Promotion Employee, whatever may be the designation".
2. b. Sales Promotion Employee: Any person who is employed by an establishment, pharmaceutical or other industries or establishment, for hire or reward, to do any job for promotion of sales. But does not include a person who is employed in supervisory category and performing mainly managerial functions*.

3. OFFICE: The Registered office of the Association shall be at KSM & SRA Rest House, CH 8/3 2nd Cross, Mysore-570008. Besides the Registered office of the Association, an Operational Office shall function at the place where the General Secretary resides. The Association shall have units at different parts of the state. All records and correspondence shall be maintained in English or Kannada Language.

4. a. To unify and organize all sales promotion employees and help them to secure economic stability, social and legal justice, and for better conditions of their life and service.
4. b. To promote a healthy trade unionism and smooth Employer-Employee relationship and to desist from indulging in sabotage or activities destructive in character.
4. c. To bring together on a common platform by affiliation, similar association in Karnataka state and members of such units.
4. d. To coordinate the activities of affiliated units and provide an effective links with Federation of Medical and Sales Representatives Associations of India.
4. e. To provide avenues of information relating to Medical subjects and salesmanship by means of seminars, journals and hand-outs.
4. f. To foster in general a spirit of camaraderie, co- operation and mutual assistance among members of the Profession.
4. g. To acquire, build or otherwise provide premises and to furnish, alter, enlarge, repair and maintain in the same for the use of member units and members either gratuitously or for payment.
4. h. To provide all assistance, including monetary and legal to members to negotiate matters arising out of or incidental to their employment as far as resources of the association permit.
4. i. To assist sales promotion employees in various parts of Karnataka state to form associations as well as to unite. Such other measures that may be necessary, incidental and/or conductive to the attainment of the above aims and objects.
4. j. To take all steps, cultural and otherwise, in fulfilment of the objective of the association.

5. AFFILIATIONS: The Association shall affiliate itself to the 'Federation of Medical and Sales Representative's Associations of India (FMRAI) and Centre of Indian Trade Unions (CITU)**.

6. MEMBERSHIP: Any Sales Promotion Employee, as defined clause 2 a and 2 b, working in any part of Karnataka as his head quarters can enrol himself as a member by making an application with the prescribed fees through any of the units to be formed under the association.

7. a. Every member shall fill an application by paying Rs.5.00 (Rupees five only). On being enrolled a member he shall pay an annual subscription of Rs.280.00 (Two hundred and eighty only). Out which the State shall receive Rs.205.00 (Rupees Two Hundred and twenty five only) towards affiliation fee of KSM & SRA, FMRAI and CITU. For the Balance of Rs. 75(Rupees Seventy Five Only) the Unit shall provide accounts at the end of each calendar Year.
Explanations: The State centre shall reimburse the travelling expenses of the State working committee members and General Council members for attending organisational meetings and programmes as decided by the State centre. The State shall also bear the expenses towards issuance of Photo Identity card to every member.
7. b. Any member failing to pay the membership fee within three months of the next financial year of the Association shall cease to be a member of the Association. However, he shall be allowed to rejoin the Association on payment of all arrears and a penalty of Rs.10.00 (Rupees ten only).
7. c. Every member shall pay Rs.20.00(Rupees Twenty only) towards struggle fund per year along with membership fees.
7. d. General Secretary and Treasurer jointly shall hold an imprest cash of Rs 10000/- ( Rupees Ten Thousands only ) of the General Fund for current expense.
7. e. Development Fund; Every member shall pay a sum of Rs.100/- along with the memberships fee for the purpose as described. The State shall maintain a separate account in the name of Development fund.

Purpose for which Development fund can be utilized;

1. The funds shall be utilized for the purpose of owning and maintaining state offices of the Union.
2. Towards incidental expenses, with approval of the State working Committee, incurred in conducting organizational Programmes.
3. For all the above and for any other purpose as per the approval of the State Working Committee.

8. Register of Membership: A register of all members shall be maintained at the registered office of the Association.

9. Inspection of books: All registers and accounts books shall be open for the inspection at the registered office of the Association to any of the office bearer of the association or any member of the Association duly authorised by his unit, during normal working hours of the Association after a week's written notice.

10. Components of the Association: The association shall carry on its activities through, (a) Secretariat, (b) Working committee, (c) State Conference, (d) General Council and (e) units.

10. a. Secretariat: The Secretariat shall consist of all the office bearers and Working committee member/s of the Federation (FMRAI) representing from Karnataka.
i. The office bearers will be elected by the State conference.
ii. The office bearers are: One President, Two vice Presidents, One General Secretary, One Joint General Secretary, One treasurer and Five Secretaries.
10. b. Working committee: The working committee shall consist of the Secretariat and all unit secretaries.
10. c. State Conference:
i. The State Conference of the Association shall be the final authority.
ii. The decision at the State Conference of the association will be taken by 3/4th majority of the attending delegates.
iii. The State Conference shall meet at least once in 2 years or as decided by the Working Committee.
iv. The total number of delegates attending the State Conference shall be Two hundred and Fifty apart from the State Working Committee Members. The delegates per unit shall be based on the membership recorded in the second preceding year of the conference.
v. The State Conference shall be held between 31st December and 30th of June of every alternative year.
10. d. General Council:
i. Members: The State conference shall elect, amongst the delegates, the members of General Council at a ratio of 50:1 based on the unit level membership registered in the second preceding year of the State Conference. In case of any vacancy, the Unit will send the names for cooption in the State Working Committee. The State Working Committee members are part of the General Council and the Unit shall propose the names other than the State Working Committee members as General Council members.
ii. The General Council will be held between two State General Conferences and it will be the authority between two conferences.
10. e. Units:
i. The association shall form as many units at places where the Sales Promotions Employees are based or placed as their head quarter.
ii. Satellite unit: A satellite unit is a place which is attached to a nearby unit and having considerably less number of Sales Promotion Employees, who are based in such places as their head quarter, than the unit where it isattached. The state working committee shall take a decision, in its meeting, to confer any satellite unit as a unit as per the necessity.
iii. The unit shall have office bearers consisting of one President, one unit secretary, joint secretaries at the ratio of 30:1 of the unit membership, one treasurer, one sub unit council subcommittee member.
iv. The unit shall have minimum of 5 working committee members and maximum at the ratio of 20:1 of the Unit membership as working committee members for effective implementation of organizational Programmes.
v. The members of the unit shall elect its office bearers and working committee members once in two years before the State Conference.
vi. If any vacancy/ vacancies occur during the course of the year among the office bearers of the unit, such vacancies shall be filled by the unit working committee.
vii. Unit shall have a general fund account, in any nationalized bank, in the name of Karnataka State Medical and Sales Representatives association (Name of the unit). The unit secretary and the treasurer will be joint account holders of the account. The Unit shall send statement of the accounts, every year, for the accounts maintained from 1St January to 31st of December every year.
viii. No unit shall maintain any other account in any other name but with prior approval of the State working committee in its meeting.
ix.Unit Secretaries: The Unit Secretary Shall Convene regular meetings at the Unit level and carry out all programmes decided by the Association and the Federation (FMRAI). He shall also mobilize members and collect subscriptions and levies from the members and remit it to the State Treasurer/State Account. He shall furnish the Association the names and addresses as per the record every year. The unit Secretary also shall send a report to the State General Secretary containing information on the programmes conducted and also send a monthly report on the Monthly meeting and other meetings conducted in a month.
x. Unit treasurer: He shall assist the Unit Secretary and collect the subscriptions and levies from the members and remit it to the State Treasurer/State Account.
xi. Unit President: The Unit President shall preside over all the meetings of the Unit and sign all the Minutes of the unit. In the absence of the Unit President, a chairman shall be elected to act as president for the time being from amongst those present at that meeting.

11. Management of the association:
a. The management of the day to day affairs of the association shall be vested in the State working committee elected by the State Conference held in once in two years from amongst the members.
b. The Secretariat shall carry on day to day affairs of the association between two state working committee meetings.

12. Period of office: The members of the working committee shall continue in office for a period of two years and thereafter of two years until the members of the working committee are elected for the ensuing year by the New State Conference. i.e between two working committee meetings, the Secretariat shall carry on the day to day affairs of the Union.

13. Vacancies: Should vacancy/vacancies occur during the course of the year among the office bearers in the working committee, it /they shall be filled by the working committee by co-option.

14. Duties of the office bearers:
a. President: The President shall preside over all the meetings of the State Conference and the working committee, preserve order, sign all minutes and shall have casting vote. The President shall have power to call, if necessary, special meetings of the State conference of the Association.
b. Vice Presidents: Shall carry out the duties of the President in the absence of the President and in the absence of President and Vice Presidents, a Chairman shall be elected to act as President for the time being from amongst those present at that Meeting.
c. General Secretary: The General Secretary shall convene all meetings, take minutes of such meetings which shall be read and confirmed at the meeting. He shall conduct all the correspondence and exercise general supervision over the affairs of the association. He shall be responsible to the registrar of trade unions all returns and notices that should be sent to that officer under the Trade Unions Act, 1926. He shall also scrutinize and pass all bills and for vouchers for any expenses incurred on the Association's behalf. In the absence of the General Secretary, the joint general Secretary and in the absence of the Joint General Secretary one of the secretaries nominated by the General Secretary shall sign on his behalf.
d. Joint General Secretary: The joint general secretary shall assist the General Secretary in carrying out his work and in absence of General Secretary, shall act for General Secretary, and perform his duties.
e. Treasurer: The treasurer shall be responsible for all money which may from time to time received into the Association funds and duly banking them into Association's account. He shall place a statement of account in every regular working committee meeting of the Association. He shall keep accounts of the receipts and expenditure against respective vouchers. In the absence of treasurer, the working committee shall nominate one of its members other than the office bearers to officiate in his absence.
f. Secretaries: The secretaries shall assist the General Secretary in carrying out his work and in absence of General Secretary and joint General Secretary, shall act for General Secretary, and perform his duties.
g. Working Committee Member/s of the Federation: The Working committee member/s of the Federation (FMRAI) shall attend all working committee meetings and zonal committee meetings called by the federation and represent the association. He shall submit a written report on such meeting's proceedings to the General Secretary of the Association immediately after such meetings. He shall act as live link between the Association and the Federation. He shall attend all the Secretariat and Working Committee meetings of the State.

15. Meetings:
15. a. Secretariat: The Secretariat shall meet six times in a year on such days and places as may be fixed by the General Secretary in consultation with the President from time to time.
15. b. State Working Committee: The working committee shall meet atleast 4 times in a year on such days and places as may be fixed by the General Secretary in consultation with the President from time to time.
15. c. Units:
i. Monthly meeting: The Sub Unit shall conduct one monthly meeting every Month.
ii. Unit Secretariat meeting: At least 3 Unit Secretariat meeting a Month before the next monthly meeting.
iii. Unit working Committee meeting: At least 2 working Committee meeting in a month before the next monthly meeting.

16. Agenda and Notice for the meetings and Minute Book:
16. a. Agenda: The meetings called under rule shall consider only such agenda of which a notice shall be given. Any other matter can be taken up for consideration at such meetings with the permission of the chairman presiding over such meeting, unless objected to by a majority of the members present at the meeting, and further permitted by not less than 2/3rd of the total strength of the State Conference or the working committee as the case may be.
16. b. Notices: The Period of notices of such meetings shall be as under;
i. 30 days for ordinary meetings and 15 days for urgent meetings of the working committee.
ii. On a written requisitions by at least 1/3 * rd of the total members, within 45 days from the receipt of such requisitions to transact such business as mentioned in the requisition.
iii. Should the General Secretary fail to call such requisitioned meeting as referred to in (ii) above, the person/s requested shall have power to call the meetings after giving notices as required under these rules on such date and place as may be fixed by them. The expenses for such meetings shall be borne by the Association.
16. c.Minute book: All resolutions passed whether by the working committee or the State conference of the Association shall be recorded in the minute book kept for the purpose by the General Secretary.

17. Agenda and notice for the State Conference and General Council meeting:
17.a. Agenda:
State Conference: The Following items shall form the part of the agenda, i. To adopt the General Secretary's report and the audited statement of accounts for the term.
ii. To elect working committee members and the office bearers of the Association.
iii. To consider such other subjects as may be forwarded by any member to the working committee of the association and accepted by the said body.
iv. To transact such other business that may be brought forward by the chairman of the meeting. The proceedings of the State conference meeting shall be confirmed in the working committee meeting.
General Council:
i. To adopt the General Secretary's Report and the Audited statement of Accounts for the year.
ii. Such other agenda as decided in the State Working Committee.
17. b. Notice:
i. State Conference: 21 days for Regular State.Conference held once in two years.
ii. General Council: 21 days for Regular GeneralCouncil meeting held between two conferences.

18. Quorum: The Quorum for the meeting shall be as under, provided that no quorum shall be required for 'adjourned meetings'.
18. a. Secretariat: Six Members
18. b. Working committee: Eight Members
18. c. State Conference: 1/4th of the total eligible delegates
18. d. General Council: 1/3rd of the Total Eligible Member delegates.

19. Funds:
19. a. The fund of the association shall be deposited in one or more scheduled banks, in current, savings, prudential or fixed deposit account as many be deemed necessary and convenient by the working committee and as circumstances warrant.
19. b. All money, cheques, drafts, etc., received by or on behalf of the association shall be credited within ten days of receipts into the accounts 'KARNATAKA STATE MEDICAL AND SALES REPRESENTATIVE'S ASSOCIATION' except herein after provided.
19. c. The working committee may sanction opening of separate bank accounts and investments for special expenses. The name and the mode of operation of such special accounts shall decided by the working committee.
19. d. Withdrawals shall be made only by cheques signed by General Secretary and Treasurer or any other office bearer specially nominated by the working committee.
19. e. All investments assets etc, of the association shall be in the name of "KARNATAKA STATE MEDICAL AND SALES REPRESENTATIVES' ASSOCIATION' except that special accounts as provided in 'c'shall carries a suitable suffix.

20. Objects on which the General Funds may be spent: The General Funds of the Association may be spent as follows,
20. a. The payment of allowances and expenses of the office bearers and members of the Committee constituted by it.
20. b. The payment of expenses for the administration of the association including audit of the accounts of the funds of the Association and legal charges.
20. c. The provision of education, social or religious benefits for members(including the payment of expenses of funeral of members)
20. e. The Publication of a periodical dealing with Medical and Sales Representatives.
20. f. Construction to any cause intended to benefit members in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one fourth of the combined total of the gross income which upto that time accrued to the general funds of the Association, during the year and of the balance at credit of this fund at the commencement of the year.

21. Annual Audit: The Association shall make due provision for the Annual Audit of the Accounts of the Association by competent auditors appointed by the State Conference.
The State Conference shall nominate two internal auditors from amongst the delegates to the State Conference.

22. Amendment's of the Rules: The Rules may be amended, altered, replaced, rescinded or added to by 3/4th majority of the members present at the State Conference meeting provided previous notice of atleast 30 days given to the units of the proposed change.

23. Expulsion: 23. a. The Working committee may suspend by a three fourth majority of the members present if in their opinion, a member is no longer qualified or desirable for membership or is unfit for any reason to continue as a member of the Association.
23. b. No such actions shall be taken until the member concerned is given a reasonable opportunity of showing cause against the action proposed to be taken.
23. c. The memberships of such member shall be deemed terminated, if approved at the next state conference meeting by 3/4th majority of the members present at the meeting.

24. Dissolution of the Association: The Association shall not be dissolved except by a vote of a Majority of 3/4th members present at a State Conference meeting called for the purpose provided the total number of votes cast at such meetings is not less than 2/3rd (two third) of the Total number of members than on the State Conference of the Association.
The funds of the Association, after meeting all liabilities, shall be disposed accordance with the decision of the dissolution meeting.