Bye - Laws for Election of the Members of the Governing Body of ...

Bye - Laws for Election of the Members of the Governing Body ofThe Indian Council of ArbitratrionFederation House, Tansen Marg, New Delhi(As amended on 5th Nov., 1993)These Bye-laws shall be called the 'Bye-Laws for Election'. These shall come into force from 5thNovember 1993 and any amendments thereto shall come into force from such dates as may bespecified.1. In accordance with Rules 13, 16C, 16D and 16E of the Rules and Regulations, the President andsuch members of the Governing Body as provided therein shall retire each year. Where retiringmembers of the Governing Body have to be determined by lots drawn by the President, the drawingof lots shall be done by the President at a meeting of the Governing Body held prior to the relevantannual general meeting by more than eight weeks.2. Atleast eight weeks before the date of the annual general meeting, the Executive Director/Secretary or such other officer as may be appointed shall issue a notice inviting eligible members asper Rule 16F of the Rules and Regulations* to nominate candidates for election as members of theGoverning Body within the prescribed time which shall not be less than three weeks from the date ofthe notice.3. A Foundation Member shall be entitled to nominate for election to the Governing Body, a personwho holds a responsible position in the member's organisation. The nomination shall be in theprescribed form annexed hereto.4. An Ordinary Member shall be entitled to nominate for election to the Governing Body, a personwho holds a responsible position in its organisation. The nomination shall be in the prescribed formannexed hereto.5. An Associate member which is a company or a firm shall be entitled to nominate for election tothe Governing Body, a person who holds a responsible position in the company or is a partner of thefirm, as the case may be. An individual who is an Associate Member shall be entitled to nominateonly another individual Associate Member as a candidate. The nomination shall be in the prescribedform annexed hereto.6. An Individual Member may nominate another Individual Member as a candidate. The nominationshall be in the prescribed form annexed hereto.7. A Member who intends to make a nomination as aforesaid for election shall state the name andaddress of the person nominated together with brief particulars about his background, the office forwhich he is nominated and the position he holds in its organisation or otherwise as the case may be.Nomination shall be proposed by a Member of the Council and seconded by another Member of theCouncil.The consent of the candidate shall also be indicated in the nomination paper.

A candidate for election to the Governing Body shall not be eligible to contest from more than oneconstituency i.e. Foundation, Ordinary, Associate or Individual, at the same election.If a candidate is already a member of the Governing Body of the Council, he shall not be eligible tocontest the election unless he is retiring at the forthcoming Annual Meeting, or resigns.8. The nomination paper shall be sent to the Executive Director/ Secretary or such other officer asmay be appointed by Council so as to reach him at such address and by such date as may bementioned in the circular issued under Bye-Law 2 of these Bye-Laws.9. Foundation Members of the Council shall elect from amongst themselves their members on theGoverning Body as provided in Rule 16A of the Rules & Regulations.10. Ordinary Members of the Council shall elect from amongst themselves their members as theGoverning Body as provided in Rule 16A of the Rules & Regulations.11. Associate Members of the Council shall elect from amongst themselves their members on theGoverning Body as provided in Rules 16A of the Rules & Regulations.12. Individual Members of the Council shall elect from amongst themselves their members on theGoverning Body as provided in Rule 16A of the Rules & Regulations.13. The Executive Director/Secretary or such other officer as may be appointed shall communicateto the members nominating candidates for election as also the candidates at least 10 days beforethe last date of withdrawal, the names of all the candidates nominated for election in theFoundation, Ordinary, Associate and Individual Members' Constituencies respectively intimating tothem the last date for withdrawal from election.14. A candidate nominated as above by a member for election as member of the Governing Bodymay withdraw his candidature by notice in writing to the Executive Director/Secretary or such otherofficer as may be appointed. Such notice shall be signed by the candidate and shall be sent to theExecutive Director/Secretary or such other officer as may be appointed so as to reach before the lastdate of withdrawal from election.15. The President of the Council shall cause voting papers to be prepared setting forth the names ofall eligible candidates standing for election for membership of the Governing Body from the categoryof Foundation, Ordinary, Associate and Individual Members and the voting papers, which will be dulysigned by the Executive Director/Secretary or such other officer as may be appointed, shall be sentto the members eligible to vote under certificate of posting atleast twenty one days before theannual general meeting. Brief particulars about all the candidates included in the voting paper shallbe drawn up by the office on the basis of information received from the respective nominatingMembers and such particulars will be forwarded to the members eligible to vote, in an annexurealong with the voting papers.16. The members shall return the voting paper to the Executive Director/Secretary or such otherofficer as may be appointed after marking their votes in the voting papers in the manner indicatedtherein, within a date specified for the purpose, which shall be atleast seven days before the date ofthe annual general meeting, after which no voting paper shall be entertained.

17. On return of the voting papers to the Executive Director/Secretary or such other officer as maybe appointed, each paper shall be examined by two persons not being candidates for election, whoshall be appointed by the Governing Body as Scrutineers.18. For election of the members of the Governing Body, such number of candidates as have to beelected from each of the Foundation, Ordinary, Associate and Individual members' Constituencies,who secure the highest number of votes in descending order will be deemed to have been elected asmembers of the Governing Body. In case more than one candidate secure the same number ofvotes, the successful candidate will be determined by lots to be drawn by the President at themeeting of the Governing Body, preceding the annual general meeting.19. The Scrutineers shall make a Report declaring the successful candidates for the election formembership of the Governing Body. The Report of the Scrutineers shall be placed at the meeting ofthe Governing Body, preceding the annual general meeting. The names of successful candidates shallbe deemed to be valid as a whole notwithstanding any irregularity in the observance of these Bye-Laws. Persons so declared elected shall function in spite of any such irregularity in the election.20. For the purpose of election of the members of the Governing Body, under Rules 16A of the Rulesand Regulations, every Foundation Member (other than the Government of India, the Federation ofIndian Chambers of Commerce & Industry and the Associated Chambers of Commerce & Industry ofIndia) and every Ordinary and Associate Member shall have one vote.21. For the purpose of election of members of the Governing Body, under Rules 16A of the Rules andRegulation**, each Individual Member shall have one vote.*Rule 16 F“The members entitled to stand for election or to nominate persons for election to the GoverningBody and to vote in the election of representatives on the Governing Body shall be those who are onthe rolls of membership as on 15th May of the financial year and have paid the subscription for thatyear, including arrears if any on or before the 15 May of that year."**Rule 16A of the Rules and Regulations of the Council (from the Constitution):Foundation MembersFoundation Members shall be entitled to elect one person to the Governing Body for every 5 of theFoundation members on the rolls as on 15the May of the year provided that the maximum numberof representatives shall be limited to 4.The Foundation members entitled to elect representatives on the Governing Body shall be thoseother than the representatives of the Government, the Federation of Indian Chambers of Commerceand Industry and the Associated Chambers of Commerce & Industry of India.Ordinary MembersOrdinary Members shall be entitled to elect one person to the Governing Body for every 6 of theOrdinary members on the rolls as on 15th May of the year provided that the maximum number ofrepresentatives shall be limited to 6.

Associate MembersAssociate Members shall be entitled to elect one person to the Governing Body for every 20 of theAssociate members on the rolls as on 15th May of the year provided that the maximum number ofrepresentatives shall be limited to 10.Individual MembersIndividual Members shall be entitled to elect one person to the Governing Body for every 50 of theIndividual members on the rolls as on 15th May of the year provided that the maximum number ofrepresentatives shall be limited to 4."