1. MEMBERS: - ELIGIBILITY AND REPRESENTATION.
A. MEMBERSHIP: Membership may be granted to any individual, partnership, college, student, vendor, corporation or organization who:
1. is interested in and agrees to support the purposes and activities of AIOUG;
2. agrees to abide by these rules & regulations and such other canons, rules as defined in these regulations and as AIOUG may adopt;
3. has completed an application form with the required membership dues and
4. meets the additional criteria established for each category of membership in AIOUG as follows:
a) Individual Member is individual who is not representative of a company or organization. Membership may be granted to any such individual that uses Oracle products or has an interest in Oracle or Oracle-related products and services.
b) Individual Life Member: Members who have served as an officer to AIOUG in any capacity for a two consecutive terms will be Life member of the group.
c) A charity, Corporate, Partner Member is a company or organization represented by a named main contact, whose membership and voting rights may be transferred to an alternative individual within that organization.
d) The main contact of a charity, Corporate, Partner membership may nominate additional contacts to attend at SIG meetings and to represent him/her, and additionally receive mailings concerning the SIG meetings only.
e) Membership to any corporate members that uses Oracle products or has an interest in Oracle or Oracle related products and services. Companies or organizations that are recognised as charity by the Inland Revenue may qualify for a discounted corporate membership.
f) Vendor Members are organizations that develop and/or market tool to support Oracle products. Membership may be granted to vendors of products and services who directly or indirectly provide solutions to Oracle technologies.
g) Student Member is an individual currently pursuing studies in a University or College in the fields of Information technology, management or Computer Science i.e., not a representative of company or organization.
h) University or college, school or organization affiliated to a University that provides education of 3 o more year degree courses in the fields of Computer Science or Engineering to the common public but does not include small training institutes that conduct computer training.
All entities granted membership in AIOUG shall be referred to herein collectively as "Members."
B. Application for Membership. Requests for membership shall be made by submitting a written or an electronic membership application (which shall be subject to approval under criteria and procedures established by the Executive Members. An Annual fee shall be paid (as specified from time to time) before membership commences. Membership will lapse and shall be subject to a rejoining fee if renewal fees are not received before the renewal date as specified from time to time. The initial and annual dues for each class of member of AIOUG, the time for paying such dues, and other assessments, if any, shall be determined from time to time by the Executive Committee.
a) Members may from time to time designate other persons to take part in discussions and meetings of AIOUG but in no event shall any Member be entitled to more than one vote.
b) All members’ categories may invite additional representatives within their organization to attend any AIOUG event. A nominal fee will be charged which will entitle them to attend and take away any materials. This however, does not give these representatives to receive any further information from the User Group.
c) All information will be channeled via the main contact of the membership. Additional attendees at AIOUG meetings invited by members are not entitled to any voting rights.
D. Voting. On all matters coming before the membership, each paid Member shall be entitled to one and only one vote. To secure additional voting rights, additional membership must be obtained.
E. Proxy. Any member or official representative who is entitled to vote on a matter may authorize another person to act for him or her by proxy.
F. Resignation. Members may resign from AIOUG at any time. Annual memberships due once received are non-refundable under any circumstances.
G. Termination of Membership. Membership in AIOUG may be permanently terminated for a sufficient cause. Sufficient cause for such termination of membership shall be a violation of the rules and regulations, canon or practice of AIOUG. Expulsion shall be by two-third of total votes of the Executive Committee, provided that a statement of the charges shall have been mailed by certified mail to the last recorded address of the member at least fifteen (15) days before final action is to be taken. This statement shall be accompanied by a notice stating the day, time and place of the Executive Committee members’ meeting at which the charges shall be considered, and the member shall have an adequate opportunity to appear in person and/or to be represented by counsel and to present any defense to such charges before any action is taken by the Executive Committee. In addition, any member who becomes ineligible for membership or who has been in default for more than ninety (90) days in respect of the payment of any dues or charges, the membership of such member shall be terminated automatically. In special circumstances, such termination may be delayed by the Executive Committee.
H. The AIOUG operates a policy for the benefit and protection of its members whereby the AIOUG prohibits staff recruiting activities at events or from membership contact lists. All members and event attendees are required to adhere to this policy. The AIOUG will immediately revoke present and future conference privileges from parties found violating this policy. Violators also risk termination of their AIOUG membership.
I. In event of relinquishment of membership, no refunds will be made.
J. Membership to AIOUG shall be paid for by organizations aiming to increase the professional development of their employees and to assist in recruitment or relocation of IT staff.
K. It shall not be permitted to distribute collateral at AIOUG events unless a demo table or exhibitions stand has been and pre-paid prior to the event. Any occurrence of such activity will result in the membership of the third party company being invoked.
2. MEMBERS MEETINGS
a) Meetings. An annual meeting of the Members for receiving reports, and for such other business as may properly come before the Members, may be held at such day, time and place as determined by the Executive Committee from time to time.
b) Special Meetings. Special meetings of the Members may be called by any member of the Executive Committee.
c) Notice. Notice of annual or special meetings of the Members shall state the time, date and place of the meeting and shall be given not less than thirty (30) days prior to the date of such meeting. Notice of special meetings shall state the purpose for which the meeting is called.
d) Quorum. The member may be present in person or represented by proxy. Not less than one-tenth of the Members shall constitute a quorum at any meeting of the Members.
e) Action by Majority Vote. The majority of votes by the Members present in a meeting for which a quorum is present, for any action to be taken shall be the act of the Members, except where otherwise provided by law or these rules.
f) Voting; Mail or Electronic Ballot. Voting by mail or electronic ballot shall be permitted, in lieu of a vote at a duly called meeting, for any item of business, including the election of Committee Members. The act of a majority or more voting members returning ballots by a date certain, assuming the number of members' ballots received constitute a quorum shall be an act of the members. Decision on the form of voting shall be determined by the Executive Committee members.
3. INFORMATION REQUIRED BY THE MEMBERS:
Any member of the society may apply to the secretary for any information as may be required or any matter of the subjects or Rules and Regulations of the Society.
4. EXECUITVE COMMITTEE:
a) The affairs of the Society shall managed by Executive Committee, which shall have supervision, control and direction of affairs of AIOUG. It shall determine the policies of Society or changes therein within the limits of these rules and regulations. The said committee shall actively promote the purposes of society and shall have discretion in the disbursement of its funds. The committee may adopt such rules and regulations for the conduct of its business as shall be advisable and may, in execution of the powers granted, appoint such agents as it may consider necessary.
b) The Executive Committee shall consist of seven members consisting of President, Vice-President, Secretary, and four EC members in charge of Finance, Events, Membership and Website Initiatives respectively. In addition to Executive Committee, the president may with approval of Executive Committee, appoint one individual to a one –year, non-voting, advisory position in Executive Committee.
c) Any Member who is a legal resident in India, with the exception of employees of Oracle Corporation, shall be eligible for nomination and election to the Executive Committee. Open Committee member positions shall be eligible for election annually by the membership body as set forth in Article IX of these rules & regulations (Nominations and Elections), with the exception of the Oracle Liaison, who shall be appointed by Oracle Corporation. Executive members shall serve for a term of five years and until their successors shall be duly elected or unless they resign or are removed, or are otherwise unable to fulfill their term, Executive Committee members shall assume office at the beginning of the financial year. Executive Committee members may be re-elected to the Committee for a maximum of two consecutive terms. If an Executive committee member becomes an employee of Oracle Corporation following election, such member is required to immediately offer their resignation from the Executive Committee.
d) A vacancy occurring in any office because of death, resignation, removal, and disqualification or otherwise may be filled for the remaining period of the un-expired term(s) by the members of Executive Committee. Upon Vacancy of an office due to the reasons mentioned above, the members of Executive Committee may temporarily fill the office appointing a current member of Committee or AIOUG member until the end of the term when nominations may be taken and a vote called.
e) A member of Committee may resign at any time by giving written notice to the President or his/her representative. A member of Committee may be removed from office for cause by a two-thirds vote of the membership body.
f) The Committee Members may provide by resolution the time, date and place for the holding of a regular annual meeting and additional regular meetings of the Committee without other notice than such resolution.
g) Special Meetings: Special meetings of the Committee Members may be called by or at the request of the President or by any three Committee Members.
h) Place and Time of Meetings: All meetings of the Committee Members shall be held at such time and place as the Committee Members may from time to time determine.
i) Notice: Notice of special meetings of the Committee Members shall be given at least twenty business days prior to the time designated for such meeting, and shall specify the date, time and place of the meeting.
j) Quorum: A majority of Committee Members shall constitute a quorum for the transaction of business. If a quorum is not present, a majority of those Committee Members present may adjourn the meeting from time to time without further notice.
k) Video, Telephone, and Electronic Conferences: Members of the Committee may take any action permitted or authorized by these rules and regulations pursuant to meeting by means of video, telephone or electronic conference by means of which all persons participating in a meeting can communicate with each other. Participation in a meeting pursuant to this subsection shall constitute presence in person at such meeting.
l) Mail/Digital Vote: Any action requiring a vote of the Committee Members may be taken by mail or digital ballot. The action taken shall be effective upon the unanimous approval of the Committee Members.
m) Compensation: No AIOUG members shall receive salaries or other compensation for their services by AIOUG, but the Committee Members may, by resolution, authorize the reimbursement for expenses incurred in the performance of their duties.
5. POWERS OF EXECUTIVE COMMITTEE.
a) President. The President shall
1. be the Chief Executive Officer and shall have general supervision over the affairs of AIOUG.
2. shall preside at all meetings of AIOUG and the Executive Committee member.
3. may appoint, with the consent of the Committee, standing committees, task forces and their respective chairpersons.
4. shall be an ex-officio member of all committees and shall perform all the duties incident to the office of Chief Executive Officer of a corporation, and such other duties as may be prescribed from time to time by the Executive Committee member.
5. shall on all matters except for election have the power to cast the deciding vote where there is a tie.
6. Shall serve or may appoint another Committee member to be a liaison or to act on behalf as needed to Oracle Corporation, the Asia Pacific Oracle Users Council (APOUC) , the International Oracle Users Council (IOUC) or any occasions where AIOUG needs to be represented.
b) Vice President. The Vice President is responsible for
1. supporting the President on all initiatives of the Executive Committee and is responsible for carrying out the role of the President or in the event of his or her inability or refusal to act perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President.
2. Shall perform such other duties as from time to time may be assigned by the President or by the Executive Committee.
c) Director - Finance and Secretary. The Director of Finance shall
1. serve as the Chief Financial Officer of AIOUG and shall have charge and custody of and be responsible for all funds and securities of AIOUG;
2. receive and give receipts for monies due and payable to AIOUG from any sources whatsoever;
3. deposit all such monies in the name of AIOUG in such banks, trust companies, or other depositories as shall be selected in accordance with the provisions of these bylaws;
4. develop financial plans and budgets;
5. submit financial reports to the Executive Committee at its regular meetings and to the membership at the Annual Meeting; and in general;
6. Perform all duties incident to the office of Vice President of Finance and such other duties as from time to time may be assigned by the President or by the Executive Committee.
7. Secretary. The secretary is responsible for calling Committee meetings, sending meeting notices, coordinating Committee meetings, publishing Committee meeting agenda, and publishing Committee meeting minutes and serving as a liaison between the various Executive Committee members.
d) Director - Memberships. Member in charge of Memberships shall
1. be responsible for servicing the membership. This includes the operation of all administrative membership functions, managing the AIOUG vendor relationships, and all tangible member benefits, such as discounts;
2. have responsibilities include working with the other Executive Committee members who may have overall responsibility for a specific member service such as enhancements or publications, managing prospective and new member fulfillment, as well as ensuring that the membership database is kept up-to-date;
3. be responsible for frequent review of the membership structure and each particular member program, i.e. individual, corporate and vendor.
e) Director - Events: The Member in charge of Events shall be responsible for
1. All functions related to administrating management and implementation of the AIOUG meetings, seminars, conferences, educational programs and related exhibit areas.
2. Setting up conference committee’s with the guidance of other Committee members when required.
f) Director - Website Initiatives: The Member in charge of Web Site Initiatives shall
1. be responsible for continually reviewing the AIOUG web site and championing the site as the core delivery mechanism for AIOUG value. While the VP manages the technology that drives the site, and the President is responsible for the look and feel, this Director is responsible for both ideas and the delivery of ideas, via the web site.
2. work with the Director of Events to deliver value and education via the web.
g) Director - Special projects. Will have the primarily responsibility of getting all the research and starting of new projects that are identified by the board from time to time. Once the project has been started, the director will be responsible for identifying a committee to operate the group.
h) Past President shall serve as advisor to the Committee. Performs other duties as requested by the President.
NOTE: All Committee members may be required to perform the duties of other Committee members from time to time.
Unless otherwise provided in the resolution of the Executive Committee, a majority of the members present at a meeting at which a vote is taken shall constitute a quorum and the act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee.
a) There shall be maintenance of Accounts of the Society. A chartered Accountant shall duly audit accounts.
b) The accounts shall be closed by 31st March of every year.
c) The Balance Sheet and Statement of Receipts & Expenditure shall be laid before the Annual Meeting for confirmation.
d) Such Balance Sheets and Statement of Receipts & Expenditure along with the list of Executive Committee Members shall be filed with the registrar of Societies as per Sec.13 of the K S R Act, 1960.
An Auditor shall be appointed annually and the remuneration shall be fixed by the members in the Annual General Meeting.
The funds of the society shall be invested in the modes specified under the provisions of sec.13 (1) (d) r.w.sec.11 (5) of the Income Tax Act, 1961 as amended from time to time.
No amendment to the Memorandum of Association / Rules & Regulation shall be made which may prove to be repugnant to the provisions of sections 2(15), 11, 12 & 13 & 80G of the Income Tax Act, 1961 as amended from time to time. FURTHER NO AMENDMENT SHALL BE CARRIED OUT WITHOUT THE PRIOR APPROVAL OF THE COMMISSIONER OF INCOME TAX.
In the event of dissolution or winding up of the AIOUG the assets remaining as on the date or dissolution shall under no circumstance be distributed among the members of the Managing Committee / Government body but the same shall be transferred to another society and which enjoys recognition u/s.80G of the Income tax Act, 1961, as amended from time to time. Or another body who have similar interests either inside our outside India or to any charity organization as decided by the board.
The Society formed shall be irrevocable.
The benefits of the society shall be open to all irrespective of caste, creed or religion.
14. UTILISATION OF FUNDS/INCOME:
The funds & income of the society shall be solely utilized for achievement of the objects of the society and no payment shall be made to members by way of profit, interest, dividends, etc except reimburse.