TAXATION BAR ASSOCIATION AGRA

General Terms & Conditions

These Terms and Conditions as established by the membership by general vote. In case of any contradiction between the Terms and Conditions as displayed on this webpage and the Taxation Bar Association Agra (tbaagra.org).

MEMBERSHIP ELIGIBILITY

(a) No person, other than the one who is on the State Roll of Bar Council will be eligible to become an ordinary/life member of the association.

(b) The Member shall be entitled to hold the ordinary membership/life membership of only one Association i.e. the Association of the court wherein he is actively and regularly practicing, however, he can become a non-resident member of other Associations.

(c) The applicant shall file an affidavit bearing his photograph mentioning his registration number and photostat copy of registration certificate declaring on oath that he is neither at present nor in future intend to become an ordinary member, life member of any other association in the state of Uttar Pradesh.

(d) The advocate applying for membership will have to pay the Admission fee of Rs. 5000/- as well as the membership fee of Rs. 250/- per month for three months in advance. The admission fee so realized shall be transferred to the welfare fund of the Association.

(e) A non-resident member for the purpose of obtaining the ordinary or life member of the association shall have to adhere to the procedure prescribed for enrolment of the ordinary member.

(f) All the applicants shall have to declare that they are or they will become members of Bar Council of India Advocate Welfare Fund Rule-40.

(g) The applicant has to declare that at present he is not doing any other profession or business except legal profession and will also not carry on any other profession or business during the membership of the association.

ORDER ON THE APPLICATION:-

(a) For granting membership a ‘Membership Committee’ of one chairman and two members shall be formed by the Executive committee.

(b) Any person enrolled as an Advocate with the Bar Council of Uttar Pradesh wishing to become an ordinary member/life member or a non-resident member of the Association may apply to the General Secretary of the Association for admission on the Form prescribed in the schedule I, signed by him and bearing the signature of a least two ordinary members of the association as a proposer and secondary having at least five years of ordinary members of the Association. The applicant shall fulfill the conditions prescribed in schedule II and enumerated in the Rules and Byelaws of the Association.

(c) The General Secretary shall forward the application to the ‘Membership Committee and the ‘Membership Committee shall submit its report to the Executive committee within one month of the receipt of the application by it.

(d) On the basis of such report, the Executive committee may grant provisional membership to such person for one year from the date of membership and after evaluating his conduct and

Professional activities his membership may be regularized by the Executive committee and he shall be deemed a regular member from the date of provisional membership.

(e) In case of rejection by the Executive Committee the applicant may represent his case before the ‘Elders Committee whose decision shall be final and so suit shall lie in any Court of Law against the decision of the Elders Committee or of the Executive Committee.

(f) In case of rejection of the application for new membership, the candidate shall be entitled to a refund of the admission and the membership fees paid by him.

FORFEITURE OF SUBSCRIPTION AND ADMISSION FEES: FORFEITURE OF SUBSCRIPTION AND ADMISSION FEES:

If after one year of granting the provisional membership as provided under rule 8 (d) the executive committee refuses to regularize the provisional membership of any person, no refund of admission fees, subscription, or of any other dues paid by him shall be given to any person.

COMMENCEMENT OF ORDINARY MEMBERSHIP:

Any person, who has been admitted as an ordinary member by the executive committee and paid the dues of the association in full, shall from the date of such admission be entitled to all the privileges of membership but he shall have no right to vote at a meeting of the association in coming two years.

Explanation:

For the purpose of the above Rule, the period of two years shall be counted from the date from which the provisional membership was effective.

SUBSCRIPTION :

(a). Every ordinary and non-resident member shall pay a half-yearly subscription of Rs. 1500/- to the Association which shall be due on the 1st of April & 1st of October of every year. The life membership fees can also be fixed by the General Body.

(b). The admission fee and subscription may be varied by the Executive Committee at any time subject to the approval of the General Body.

(c). A rebate of 10% in the subscription shall be allowed to the member if the subscription is paid in

advance for one year or more.

(d). A rebate of 25% shall also be allowed to the new members in the payment of subscription for two years from the date of admission as a provisional member.

MODE OF PAYMENT:

The payment of subscription and other dues may be made in cash or through cheque / Bank Transfer or through Payment Gateway or through any other way as may be prescribed from time to time by the Association and will be indicated on the website of Taxation Bar Association, Agra.

*provided that if the payment is made through cheque, the cheque must be given to the treasurer or General Secretary at least one week before the date of immediate Executive or General Meeting.

ARREARS OF SUBSCRIPTION:

. (i) Any member whose subscription may be in arrears for three months or more may be required by the General Secretary in writing to pay the same within 15 days from the date of receipt of the notice. In default, the member’s name shall be struck off from the Register of Members. But he shall be eligible for readmission on payment of the amount in arrears and fresh admission fee if the readmission is not sought within one month from the date of his ceasing to be a member, however, the executive committee may admit him to the membership without the payment of fresh admission fees.

(ii) Notwithstanding the provision contained in sub-rule (1) if arrears of the subscription for 25 months become due against any member he shall cease to be a member on the date of such arrears even if no notice is given to him by the General Secretary under this rule.

(iii) Any member who is in arrears of subscription for a quarter of a year or more or for other dues on the date of any meeting shall not be permitted to take part or vote in any meeting.

Explanation: Dues include a yearly contribution to the welfare fund, fines or cost of books of library, meeting and function expenses, etc.

REMISSION OF SUBSCRIPTION DURING ABSENCE FROM DISTRICT:

An ordinary member who intends to be absent from practice in the concerned district for a continuous period of not less than six calendar months shall on giving advance notice in writing to the General Secretary, be permitted during the period of such continuous absence, to pay the 50% of monthly subscription prescribed for an ordinary member. However such privilege will be available to an ordinary member once only in five years. An ordinary member who intends to be absent from practice in the concerned district for a continuous period of not less than six calendar months shall on giving advance notice in writing to the General Secretary, be permitted during the period of such continuous absence, to pay the 50% of monthly subscription prescribed for an ordinary member. However such privilege will be available to an ordinary member once only in five years.

END OF MEMBERSHIP:

Any member may resign from the membership by giving intimation in writing to the General Secretary and thereupon he shall cease to be liable to pay subscription from the month following the resignation.

A member shall cease to be a member of the Association who:

(a) Has been finally debarred or suspended from practice.

(b) Has been found guilty of indiscipline, misbehavior, and/or for breach of the rules herein contained or any bye-laws made there under.

(c) Has been found guilty of any criminal offense by any court.

Provided that in a case falling in (a), (b) a resolution of the expulsion is passed by the General Meeting of the Association by at least 2/3rd of the members present in such General Meeting.