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CONSTITUTION & RULES
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1. Name :  

ASSOCIATION OF VOICE ARTISTES (AVA), to be referred to as Union.

 
2. The Registered office of the Association :  

The Registered office of the Association shall be situated in Greater Mumbai.

 
3. Aims & Objectives :

The Association shall be a non-political organization / Union having the following Aims & Objectives:

a.       To organize & unite the persons engaged in the field of Voicing / Dubbing in Films / T.V. / Radio / Advertising & all electronic media & so on in Maharashtra State & to regulate their relations with their Employers / Clients.

b.      To secure to the members fair conditions of life & service.

c.       To try to redress their grievances.

d.      To endeavor to settle disputes between employer & members / between members themselves, amicably, so as to ensure smooth functioning of the working conditions & to regulate the relations amongst them.

e.       To endeavor to provide against sickness, unemployment, infirmity, old age & death.

f.        To endeavor to secure compensation for members in case of accident.


g. 
     
To try to provide legal assistance to members in respect of matters arising out of or incidental to their professional engagements.


h. 
     
To endeavor to render aid to the members during any strike brought about with the sanction of the Union or lockout.


i.   
     
To obtain information in reference to the Voicing / Dubbing profession in India & outside.


j. 
      
To associate with Organizations (of labour) particularly those having similar objectives in India & outside & thereby achieve its goals.

    
    k.
     
For the attainment of these objects, the Union may establish branch offices in various cities.

l.         To purchase, take on lease or in exchange, hire or otherwise acquire any immovable or movable property & any rights & privileges which the Association may deem necessary for its purpose.

m.     To invest & deal with the finances of the Association not immediately required in any manner, upon such investments as may be determined from time to time by the Managing Committee, but such investments shall not be made for any purpose other than those related to the Objects of the Association directly.

n.       To foster brotherhood & unity amongst voice artists working in the film, television, radio & advertising industries under the banner of Association of Voice Artistes or AVA.

o.      The Association shall strive to safeguard the welfare of its members with out any bias or discrimination of language, cast, creed, sex or race.

p.      To secure representation of its members on delegations, commissions, committees etc. set up by the Central or State Governments or the Film Industry, television industry, advertising industry or broadcasting industry & so on.

q.      The Association from time to time, may arrange seminars & workshops to facilitate exchange of ideas & techniques for the benefit of all Members.

r.        & to do such other things as may be necessary from time to time, to further the interests of the Association.

 

4.  DEFINITION :

For the purpose of membership of the Association, a Voice Artist means ‘any person engaged in the work of Voicing in any language, engaged in Films / T.V. / Radio / Advertising & all electronic media & so on.

 

5.   MEMBERSHIP :

Any person who has attained the age of 16 years & is engaged in the work of voicing as per Clause No.4 of this Constitution, can become a member of the Association, irrespective of cast, colour, creed, language & sex. He / She should have completed a minimum of 6 jobs in the field(s) of Voicing at the time of filing of the Application for Membership. Such a person shall be proposed & seconded by any 2 existing Regular or Life members. Application for Membership must be made on the prescribed form of the Association. The Membership Scrutiny Sub-Committee reserves the absolute right to grant or refuse membership to any candidate without assigning any reason thereof & the decision of the Membership Scrutiny Sub-Committee shall be final. However, the formality of this procedure shall not be applicable for Honorary Members. Professional Voice Artists, who have not attained the age of 16 years may be granted Associate Membership of the Association & shall have access to facilities enjoyed by the Regular / Life Members, but shall not be allowed to Vote or Stand for Elections.

Such Associate Members may be allowed to convert their membership to Regular / Life Membership after attaining the age of 16 years.

                                                                                                                                  

6. CATEGORIES OF MEMBERSHIP & THE APPLICABLE MEMBERSHIP FEES / SUBSCRIPTION :

(i) REGULAR / ANNUAL MEMBER – Any person employed in the film industry or Audio Visual medium such as radio, T.V., Advertising, Films & presentation as a dubbing artist / voice over / commentator / presenter will be entitled to become the REGULAR MEMBER OF THE ASSOCIATION on payment of an Admission fee of Rs. 5,000/- & Annual Subscription fee of Rs. 500/- (with retrospective effect from 1st January 2006). Such fees shall be subject to change from time to time by the Managing Committee. He / She should have completed a minimum of 6 jobs in the field(s) of Voicing at the time of filing of the Application for Membership. A concession of 75% will be given to senior citizens (who are above the age of 60 years) in the applicable Admission fee & Annual Membership fee.

 

(ii) LIFE MEMBER – Any existing Regular Member or any person eligible to become a Regular Member can enroll himself / herself as Life Member, on payment of Admission fee of Rs. 5,000/- to the Association & an additional Life Membership fee of Rs. 10,000/-(with retrospective effect from 1st January 2006).

Such fees shall be subject to change from time to time by the Managing Committee. He / She should have completed a minimum of 6 jobs in the field(s) of Voicing at the time of filing of the Application for Membership.

 

(iii) HONORARY MEMBER – Person who is not eligible to become a Regular Member of the Association may be admitted as HONORARY MEMBER by the Managing Committee (Subject to the Provisions of the Section 22 of The Trade Union Act, 1926) & the number of such Honorary Members shall not exceed 5 in a particular year. Such members shall have no Right to vote or contest Elections of the Association.

 

(iv) HONORARY LIFE MEMBER– Distinguished Personalities in the field of Art & Culture may be granted Honorary Life Membership by the Managing Committee. Such members shall have no Right to vote or contest Elections of the Association.

 

(v) ASSOCIATE MEMBER – A person who has not attained the age of 16 years but is eligible to become the member of the Association as per the provisions of Clause No. 4 of this Constitution, may be admitted as Associate Member of the Association on the payment of Rs. 5,000/- as Admission fee & Annual Subscription fee of Rs. 500/-. Such fees shall be subject to change from time to time by the Managing Committee. Such members shall have access to facilities enjoyed by the Regular / Life Members, but shall not be allowed to Vote or Stand for Elections. Such Associate Members may be allowed to convert their Membership to Regular / Life Membership after attaining the age of 16 years. In case of disputes, their Guardians / Parents can stand in for them with permission of the Managing Committee. He / She should have completed a minimum of 6 jobs in the field(s) of Voicing at the time of filing of the application of membership.

 

(vi)TEMPORARY MEMBERSHIP (WORK PERMIT) –person fulfilling the req Such fees shall be subject to change from time to time by the Managing Committee. Validity of the Work Permit would be 6months from the date of issue of the Permit. During this period the Member must complete a minimum of 6 voicing jobs & satisfy the norms of the Membership Scrutiny Sub-Committee to enroll for Regular / Life Membership (as per Clause No. 6(i) of this Constitution). Misconduct / breaking the rules of the Association shall lead to cancellation of the Work Permit. Renewal of the Permit may be done if the Artist has not completed 6 jobs in the stipulated time, but however wishes to continue the Membership, by paying the Temporary Membership fees again. The Work Permit Holder shall not be entitled to any Rights or Benefits of the Association as mentioned in Clause No. 7 of this Constitution however all the rules and regulations of the Constitution and Wages shall be binding on the holder.

 

7.   RIGHTS & BENEFITS OF MEMBERS :

(i)     All the members, except the Work Permit Holders, shall enjoy all the Benefits accruing from the Association.


(ii)   All the Regular / Life Members shall have the Right to vote & the Right to contest the Election for any post in the Managing Committee.


(iii) All the Regular / Life Members shall have the right to propose or second any Application for new Membership & any Nomination for the Associations Elections. However a Regular / Life Member who is in arrears of his / her fees / fines / penalties as on a particular date shall not have the Right to propose or second as mentioned herein above.


(iv) The Work Permit holders shall not be entitled to ANY Rights of the Association.

(v)   Any Member of the Association who is in arrears of his / her Subscription shall not be entitled to any Benefits of the Association unless the arrears have been paid & a period of 3months lapses, after such payment.


(vi) Should any member(s) of the Association go on strike without the sanction or approval of the Managing Committee he / she shall not be entitled to any Benefits whatsoever.

 

8.  Suspension/ Expulsion/ Termination of Membership :

(i)     The Managing Committee of the Association shall have the right to take any necessary Disciplinary Action against any individual Member(s) or any Office Bearer(s)/ Managing Committee Member(s) in case of violation of any of the provisions of this Constitution & / or of the Directive / Decision / Resolution of the Association, & / or for acting against the interests of the Association, provided that before taking any disciplinary action as it may deem fit & necessary, the Managing Committee shall give an opportunity to such members(s) & / or the respective Office Bearer(s) / Managing Committee Member(s) through a notice in writing for explanation, in respect to the allegation(s), within 15 days from the date of the notice & the decisions in all such cases shall be by 2/3rd majority vote of the number of Managing Committee Members present at such a meeting.


(ii)   Such Disciplinary Action shall include, but not be limited to, an imposition of fine / Penalty on & / or suspension, expulsion of such member(s) or Office Bearer(s) / Managing Committee Member(s).


 

9.     Fines & Forfeiture of Membership :

(i)     Any Member who fails to pay his / her Subscription for a period of more than 3months from the date of the beginning of the calendar year of the Association, shall be liable to pay an amount of Rs. 100/- per month from April onwards as fines along with his / her arrears. Such fines are subject to change from time to time by the Managing Committee.


(ii)   Any Member who fails to pay his / her Subscription for a period of more than 6months from the date of the beginning of the calendar year of the Association, shall cease to be a Member of the Association. However, he / she will be eligible to rejoin the Association on payment of the applicable Admission fees & Subscription fees or the applicable Arrears / Fines, at the sole discretion of the Managing Committee.


(iii) Any member found guilty as per the Clause No.8 due to a breach of the Constitution / rules of wages and / or any such rules, shall be penalized, and the decision of the Managing Committee shall be binding on the member.

 

10. REGISTER OF MEMBERS :

      The Association shall maintain a Membership Register with particulars of all the        members & which will be open to members for inspection during office hours.

 

11. ADMINISTRATION :

The affairs of the association shall be administered by:

 

A. GENERAL BODY:

The General Body, comprising of Members of the Association shall be supreme & its decision on all the matters shall be final & binding on the Managing Committee.

 

B. MANAGING COMMITTEE:

The Managing Committee shall consist of 17 members, duly elected, BIENNIALLY in the General Body Meeting. The Managing Committee thus elected shall amongst themselves elect 6 Office Bearers & the other 11 would be Managing Committee Members.

 (i) The Managing Committee, subject to the provisions of the Indian Trade Union Act 1926,

 shall manage the affairs of the Association, Financial or otherwise.


(ii)   The Managing Committee shall continue functioning till the new Managing Committee is duly elected in the General Body Election Meeting & announced by the Election Officer.


(iii)In case any member of the Managing Committee or of any other Committee or Sub-Committee fails to attend three consecutive meetings with out valid reason & prior information & who does not satisfy the Managing Committee with explanation for his / her continued absence, he / she will cease to be a Member of the said Committee & a vacancy thus created shall be filled by the Committee by means of Co-option.


(iv)In case of any vacancy arising among the Office Bearers then the Managing Committee shall be competent to fill up the same by Co-options from among the Members of the Managing Committee. In case there is a vacancy arising in the Managing Committee, then the same shall be filled in by the Managing Committee by means of Co-option from among the Members of the Association. The Quorum of the Managing Committee shall be 1 / 3rd of the Members strength in the Managing Committee. No quorum is required for an adjourned Meeting.

(v)The Managing Committee shall meet once a month on a day, place & time fixed by the General Secretary, in consultation with the President.

(vi)At least 3 days notice shall be given for the Managing Committee Meetings.

 

C.     OFFICE BEARERS:

The office bearers of the Association shall be as under:

The President

The Vice-President

The General Secretary

The Joint Secretaries (Two)

The Treasurer

 

(i)     PRESIDENT :

 The President shall preside over all the meetings of the Association & the Managing Committee, preserve order, sign all Minutes & shall have Right to give a Casting Vote only. The President shall have power, if necessary, to call a Special Meeting of the Managing Committee or of the Association.

 

(ii)   VICE PRESIDENT :

The Vice President shall function in place of the President in his absence.

 

(iii) GENERAL SECRETARY :

a)      The General Secretary shall be the Chief Executive Officer (C.E.O) of the Union.

b)      He shall have power to convene meetings of the Association, Managing Committee & / or any Sub-Committee in consultation with the President.

c)      The General Secretary shall correctly record in a book kept for that purpose the Minutes of the Managing Committee & other Sub-Committee meetings.

d)      He shall be the custodian of all books, papers or other property of the Association pertaining to his office, & shall keep the same in the Association’s office & / or such other safe custody as the Managing Committee may direct, & shall exercise due & proper care to ensure preservation of the same.

e)      e shall report any complaint made to him to the Managing Committee or the General Body as the case may be.

f)        He shall draw up the Report on the activities of the Association & shall present the same on behalf of the Managing Committee, duly approved by the Managing Committee, to the General Body Meeting & shall also submit Audited Return to the General Body Meeting.

g)      He shall be the sanctioning authority for all expenses. He may expend any amount up to Rs.2,000/- (Rupees Two Thousand only) without the previous sanction of the Managing Committee provided that, such expenses are put for ratification before the Managing Committee at the next ensuing meeting.

h)      He shall prepare Balance Sheet annually, showing clearly every item of receipts & expenditures. He shall send Annual Returns & Notices to the Registrar as required under the Indian Trade Union’s Act, 1926.

i)        Be generally responsible for working of the Association, its progress & the interests of the Members.

j)        The General Secretary shall have the power to call a Special Meeting of the Managing Committee of the Association whenever necessary. The General Secretary shall have the power to sign all Minutes.

k)      The General Secretary shall also have the power to call a General Body Meeting.

l)        The General Secretary shall have a Casting Vote only.

m) He shall have the power to engage, in consultation with the President & subject to the approval or confirmation of the Managing Committee, any assistants for organizing the administration of the Association & all such assistants shall be under the control of the General Secretary.

 

(IV) JOINT SECRETARIES:

The Joint Secretaries shall generally help the General Secretary in the discharge of his duties & attend to the specific work assigned to them by the Managing Committee or the General Secretary. One of them shall perform the duties of the General Secretary in his absence.

 

(V) TREASURER

The Duties of the Treasurer shall be to collect or cause to be collected all Subscription, Donations etc., to make payments on behalf of the Association as may be directed by the Managing Committee from time to time against proper Vouchers duly passed by the Gen. Secretary, to invest all amounts in hands in excess of the General requirement of the Association as may be directed by the Managing Committee, to sign cheques jointly with the Gen. Secretary or the President & to draw from the funds of the Association at any Bank, to draw, accept, endorse & negotiate promissory notes, bills of exchange, hundies, & other negotiable instruments & to sign receipts payable to the Association. It shall be his duty to account for all monies received by him or disbursed through him on behalf of the Association.

 

12. GENERAL FUNDS :

The General Funds of the Association shall consist of the Subscription from Members, donations etc. They shall be deposited in banks, approved by the Managing Committee in the name of the Association & the account shall be operated by the Treasurer & any one from the President or the General Secretary. The General Secretary or Treasurer shall not keep more than Rs.1,000/- with him for current expenses.

 

13. OBJECTS ON WHICH THE GENERAL FUNDS CAN BE EXPENDED.

Subject to the provisions of Section 15 of the Trade Unions Act, 1926 the General Funds of the Association shall not be spent on any other objects than the following, viz:-

    a.       The payment of salaries, allowances etc. to the Office Bearers of the           Association.

b.      The payment of expenses for the administration of the Association including audit of the accounts of the General Funds of the Association.

c.       The prosecution or defense of any legal proceeding to which the Association or any member thereof is party when such Prosecution or defense is undertaken for the purpose of securing or protecting any Rights of the Association or of any Member as such.

d.      To conduct trade dispute on behalf of the Association or any Member thereof.

e.       Compensation to Members for loss arising out of Trade Disputes.

f.        Compensation to Members or their dependants on account of death, old age, sickness, accident or unemployment of such members.

g.       The issue of or the undertaking of liability under policies or assurance of the lives of Members, or under policies for insuring members against sickness, accident or unemployment.

h.       The provision of educational, social or religious benefits for Members (including the payment of the expenses of funeral or religious ceremonies for deceased Members or for the dependants of Members).

i.         The upkeep of a periodical published mainly for the purpose of discussing question affecting employers or workmen as such.

j.        The payments in furtherance of any objects on which General Funds of the Association may be spent, & of contributions to any cause intended to Benefit workmen 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 1 / 4th of the combined total of the gross income which has up to on that time accrued & of the balance at the credit of these funds at the commencement of that year, & subject to any conditions contained in the notification, any other object notified by the appropriate Government in the official gazette.

 

 

14. DONATION / CONTRIBUTION / SERVICE CHARGES :

  a. The Association can accept Donations from its Members / well wishers / Corporate Bodies or any other persons for the Benefits of the Association.

 b. The Association is entitled to collect 5% service charges on the claim amount, settled & recovered by the Association, from any producer / employer / client etc; in case of a dispute of a Member, but shall not be entitled to collect such charges, if the disputes is referred to FWICE for settlement. It is also entitled to deduct 10% service charges from such amount before dispersing it to the concerned member irrespective of the fact whether the dispute is settled through AVA or FWICE. The Association shall take up any such dispute raised by the Member with in a period of 3 years  from the date of completion of his / her voicing job. The decision of the Dispute Settlement Sub-Committee of AVA & FWICE, as the case may be, shall be final & binding.

 

15. ANNUAL AUDIT :

The Association shall make due provision for the Annual Audit of the accounts of the Association by competent auditors appointed by the Managing Committee in accordance with Rule 18 of the Bombay Trade Unions Regulations, 1927.

 

16. INSPECTION OF BOOKS OF ACCOUNTS :

The books of accounts of the Association shall be open for inspection to any Member or an Officer of the Association at the Head Office of the Association during the normal working hours of the Association, on any working day, excluding holidays.

 

17. GENERAL BODY MEETING :

The General Body Meeting of the Association shall be held every year, latest by the month of March to transact the following business.

a.       To read & confirm the Minutes of the last AGM.

b.      To read & adopt the General Secretary’s report on the work done by the Association during the previous year.

c.       To read & adopt the Audited statement of accounts related to the previous year.

d.      To appoint the auditors & fix their remuneration.

e.       Any other matter with the permission of the chair.

      However the Election of the Managing Committee Members shall take place once every 2 years.

 

18. SPECIAL GENERAL BODY MEETING :

 The President or the General Secretary may call a General Body Meeting of the Association whenever necessary & shall call it on a Requisition signed by at least 1 / 5th members of the Association, who have got the Voting Rights, within 21 days of the receipt of such a Requisition.

In case the President or the General Secretary fails to convene such a meeting, the members who made the Requisition themselves may call a Meeting after due Notice & the proceedings of such a meeting shall be binding on the Association.

 

19. NOTICE OF THE MEETING :

At least 15 days Notice is necessary to be given to the members for General Body Meeting or for Special General Body Meeting. However, a notice of 5 Days shall be deemed sufficient in case of urgent General Body Meeting.

 

20. QUORUM :

 The presence of at least 1/3rd Members shall be necessary to form a Quorum at any General Body Meeting. No Quorum is necessary for an adjourned meeting.

 

21. ELECTION :

(i) Election shall be held in the General Body Election Meeting after the expiry of one term, i.e. Two years.

(ii) Only Life Members & Regular Members are eligible to contest & vote in the Elections. Any Regular Member of the Association whose Subscription is in arrears as on the last date of filing the nomination for the Elections shall not be eligible to contest the Election for the Membership of the Managing Committee & /or for any office of the following posts:

 

PRESIDENT

VICE PRESIDENT

GENERAL SECRETARY

JOINT SECRETARIES (TWO)

TREASURER

MANAGING COMMITTEE MEMBERS (ELEVEN)

    (iii) The nomination for any eligible member shall be Proposed & Seconded by any 2 existing Life / Regular member(s).

(iv) On receipt of such nomination papers the same shall be scrutinized by the Election Scrutiny Committee appointed by the Managing Committee to determine its validity. The Election Scrutiny Committee Members shall comprise of 3 Members, 1 of whom shall be the Chair-person. Such Members shall not be the Members of the Managing Committee / Sub-Committee, nor shall they contest the Elections.


(v)  
Names of the contestants shall be printed on the Ballot paper & distributed among the Regular & Life Members present in the General Body Meeting for Elections.


(vi)
Personal presence of the contestants in the General Body Election Meeting will be essential, unless the absentee has intimated earlier in writing the reason of his / her absence & the Election Scrutiny Committee hold it valid.


(vii) 
Voting will be by Secret Ballot.

(viii) The existing Managing Committee term shall expire immediately prior to the Election Agenda.


(ix)
Subsequently the term of the Election Scrutiny Committee shall come to an end on the declaration of the Election results where upon the newly elected Managing Committee shall take over the charge.


(x)  
Such newly elected managing committee shall have its first meeting within 7 days of its such Election wherein the Office Bearers & various Sub-Committees shall be elected / appointed.


(xi)
Those members of AVA who are producers will be eligible to contest the elections but are debarred from holding the post of any office bearer.


(xii)  
Any member who is an office bearer/committee member of any producer’s association, shall not be eligible to contest the elections of the Association.

 

22. SUB-COMMITTEES :

a.   The Managing Committee shall have the power to constitute Sub-Committees, to amend & lay down bye-laws from time to time, for settling the disputes with employers or among members or for other specific issues or purpose.

b.  The Sub-Committee so elected will consist of a Convenor & a Chair-person both from the managing committee.

 

23. AMENDMENTS IN CONSTITUTION :       

The Constitution may be amended at any time by the 2/3rd majority of the members                    present at the General Body Meeting provided previous notice of proposed amendment (at least fifteen days) is given to the members. Any proposal for amendment of the Association’s Constitution should reach the office seven days before the date of General Body meeting.

 

24.   DISSOLUTION :

The Association shall not be dissolved except by the majority of 3/4th members      present at General Body Meeting for the Purpose provided that the total number of votes cast at such meeting have to be 2/3rd members on the roll of Association. In the case of the dissolution of the Association, after meeting all the liabilities, the funds of the Association shall be disposed off in accordance with the dissolution meeting.

 

25.  SETTLEMENT OF DISPUTES (GUIDE LINES) :

a.   Any member aggrieved or having claim in respect of a Co-member or his/her employer etc. shall lodge a written complaint with the Association setting out facts in detail supported by copies of bills, contracts, receipts or any other proof & witness which he/she may like to produce before the Dispute Sub-Committee for the Settlement &/or adjudication of his/her dispute or claim.


b.
 
The Association shall on the receipt of the said complaint issue notice to the other party, as early as possible, enclosing copy of the complaint & other relevant details, to obtain a reply to the same, & subsequently take up the matter in the dispute settlement meeting, if necessary.


c.
  
In any dispute settlement meeting, the Dispute Sub-Committee shall hear the parties, record their statements, scrutinize their documents & record evidence if necessitated & there after proceed to settle the dispute.


d. 
In case any member or the members of the Dispute Sub-Committee happen to be related, with the project in question in any capacity or its producer against whom the dispute is being processed, the said member/members shall be debarred from participating in the case. In such a case the Managing Committee shall nominate other member/members from out of the Managing Committee in his/their places in that particular case.

 

Place                : Mumbai

Date                 : October 10, 2007.

 

 

 

     

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