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Rules of MCCI
Rules of MCCI
This Chamber, formed on the twenty second day of January one thousand eight hundred and fifty and incorporated by ROYAL CHARTER on the twenty fifth day of June one thousand eight hundred and ninety two, is now registered under the Registration of Associations Act 1978.
Article I Name - Definition - Registered Office - Duration - Seal - Objectives – Powers
1. NAME
The name of the Association is the MAURITIUS CHAMBER OF COMMERCE AND INDUSTRY and is hereinafter referred to as the MCCI.
2. DEFINITION
Unless the context otherwise requires or unless otherwise expressly provided, in these rules and in Regulations made under these rules :
“MEMBER” means a member of the Association.
“PRESIDENT” AND “VICE-PRESIDENT”mean the President and Vice-President of the MCCI for the time being.
“SECRETARY-GENERAL”, “DEPUTY SECRETARY-GENERAL” mean the Secretary General and the Deputy Secretary-General of the MCCI for the time being whose functions and duties are defined in paragraph 8 of Article III of the present Rules.
“THE COUNCIL” means the Managing Council of the MCCI.
“ACCOUNTING DATE” means the closing date of the accounting period of the MCCI, i.e. the thirty first day of December of each year.
“ACCOUNTING PERIOD” means the period specified in the present rules for which the statement of receipts and expenditure is to be prepared. Until otherwise determined by the MCCI in General Meeting, the accounting period shall be from the First January to the Thirty First December of each year.
“ACT” means the Registration of Associations Act no 35 of 1978 together with any regulations issued thereunder and as may be amended from time to time
“AFFILIATED ASSOCIATIONS” means The Mauritius Chamber of Merchants, The Chinese Chamber of Commerce and The Indian Trader's Association
“COUNCIL MEMBER” means a member of the Council
“GROUP” as the meaning ascribed to it under Article II sub-paragraph 1.4
“OTHER BUSINESS SERVICES” means any business or activity not included in the 7 other groups
“WORDS” importing the singular number shall include the plural and vice versa.
“WORDS” importing the masculine shall include the feminine unless otherwise required by the context.
3. REGISTERED OFFICE
The registered office of the MCCI shall be situated at Port-Louis, 3, ROYAL STREET but may be transferred to such other place as the Council may from time to time decide. Any change of address shall be notified to the Registrar of Associations within one week thereof.
4. DURATION
The duration of the MCCI shall be unlimited.
5. SEAL
The MCCI shall have a “COMMON SEAL” bearing its name.
6. OBJECTIVES
The objectives of the MCCI are : (a) The promotion, and protection of trade, commerce, industry, transport, insurance, banking, tourism and other services in Mauritius. (b) The promotion, support or making of representations in relation to legislative or other measures affecting the aforesaid interests. (c) The collection, classification and dissemination of statistical and other information of relevance and interest to all sectors of activities of the Mauritian economy. (d) The sponsorship of, and assistance in the organisation of fairs and missions which may foster the economic development of the country. (e) The issuing of certificates in respect of goods which are produced, processed, manufactured in or exported from Mauritius. (f) The acquisition of movable and immovable property by purchase, donation, legacy or otherwise. (g) The selling, leasing, exchanging and mortgaging of such property. (h) The carrying out of surveys. (i) The organising and running of training courses and seminars. (j) The provision for arbitration in respect of disputes arising in the course of commerce, industry, tourism, transport or other business matters, and the securing of the services of technical experts and other persons to that end, if necessary or desirable. (k) The doing of all that may be necessary or conducive to the development of industry, commerce, transport, insurance, banking, tourism, trade and services or incidental to the realisation or attainment of the above objects.
7. The MCCI may form part of any local or foreign federation or association pursuing similar or related objectives.
8. POWERS
Subject to the provisions of the Registration of Associations Act No. 35 of 1978 and/or any Regulations made under that Act or any other Act which may hereafter be enacted, the MCCI shall have the same powers and rights as a natural person and may carry on all such activities as may appear to the Council to be requisite, advantageous, convenient, or conducive to the attainment of its objectives.
Article II Membership Subscriptions
1. MEMBERSHIP
1.1 Membership is open to any professional, companies, corporate bodies, partnerships (sociétés) and registered associations, provided, in the case of associations, that at least thirty per cent (30%) of the members of the said association are already members of the MCCI.
1.2 The Council may, however, in special circumstances, but at its own discretion, decide, at a majority of at least three quarters of its Members present, to accept as member of the MCCI any Association having a lesser percentage of Members who are Members of the MCCI .
1.3 Members of the MCCI, according to the nature of their business shall be divided into such groups as may from time to time be decided by the Council.
1.4 The Membership of the MCCI is for the time being divided in eight (8) main groups namely “Industry”, “Commerce”, “Financial Services”, “Tourism”. “Logistics”, “ICT”, “Property Development” and “Other Business Services” (each referred to as a “Group”).
1.5 The MCCI shall adopt a code of conduct which may be amended from time to time and shall be deemed binding on each Member of the MCCI.
2. SUBSCRIPTIONS
2.1 The Council shall fix and may, from time to time, but at a majority of at least three quarters of its Members, vary the amount of the annual subscription and for this purpose may divide Members into categories and fix different rates of subscription for different categories and even inside any category.
2.2 A Member’s subscription for a year shall date form the first January preceding his admission to the MCCI and the Annual Subscription shall be due and payable within a month of his admission Any Member joining after first July shall be liable to only half the annual subscription. Thereafter, a Member’s annual subscription for each calendar year shall be due as from first January of each year and shall be payable within two calendar months.
2.3 A Member must give to the Secretary-General of the MCCI notice of his intention to retire at least one calendar month before the expiration of the subscription year, otherwise he shall be liable for his subscription for the ensuing year.
2.4 A Member who fails, within thirty days of demand in writing by the Secretary-General to pay subscriptions which are in arrear, shall lose his right to vote and shall cease to benefit from the services offered by the MCCI. The arrears shall still be a debt to and recoverable by the MCCI. Save as above provided, no fine shall be imposed on any Member of the MCCI.
3. MODE OF APPLICATION TO BECOME A MEMBER
Every application for membership shall be made in writing to the Secretary-General. Every such application together with all necessary information shall be laid on the table of the Council by the Secretary General, at the next ensuing meeting. The Council may accept or reject any application without giving any reason thereof and may also decide to attach to the acceptance of any candidature such special conditions it may think fit.
Article III Management - Constitution of The Council - Mode of Election And Nomination Of The Members Of The Council - Powers Of The Council - Appointment Of Office Bearers - Proceedings At Council Meetings - Register Of Members - Books And Accounts - Accounting Year - Discipline
1. COUNCIL
1.1 The management of the affairs and business of the MCCI shall be vested in and deputed to a Council which shall not exceed twenty one (21) members (each a "Council Member") of whom three (3) may be nominated as per sub-paragraph 1.3 and sixteen shall be elected in accordance with sub-paragraph 1.7 and paragraph 2 below.
1.2 Members of the Council shall be nominated, elected or coopted.
1.3 Each Affiliated Association shall nominate one representative as Council Member so long as the Affiliated Association is a member of the MCCI.
1.4 The Secretary of each of the Affiliated Associations shall, within three months after the present Rules have been adopted, forward a copy of its Rules to the Secretary-General of the MCCI. Furthermore, he shall each year, not later than the last day of February forward the following information to the Secretary-General in writing :
• the name of the person nominated by the Affiliated Association to represent the latter on the Council • the names of the office bearers of the Affiliated Association and the date of their appointment • the name of the members of the Affiliated Association as at the date of its last Annual General Meeting • documentary evidence to the effect that the Affiliated Association is duly registered with the Registrar of Associations • any change that may have been brought to its Rules. • Any Affiliated Association not complying with the above shall not be entitled to representation on the Council.
1.5 Any of the said associations may at any time revoke and/or replace any person nominated by it giving advice of such revocation and/or replacement to the Secretary-General of the Chamber in writing.
1.6. Any seat reserved for nominated members and which is vacant for any reason whatsoever, and which has not been filled in by the Affiliated Association which is entitled to do so within THIRTY days after such vacancy occurs, may be filled in by the Council through nomination of a co-opted member.
1.7 A maximum of SIXTEEN (16) Council Members shall be elected by the Annual General Meeting of the MCCI.
1.8 The Council, at its own discretion, may in each year coopt a maximum of two Members to sit on the Council. It may also, in case of vacancy, coopt Members to fill in such vacancies.
2. MODE OF ELECTION OF THE MEMBERS OF THE COUNCIL BY GENERAL MEETINGS
2.1 The Membership of the MCCI is for the time being divided into eight main Groups; candidates for the seats of elected Council Members shall be chosen as follows:
FOUR from the Industry Group FOUR from the Commerce Group TWO from the Financial Services* Group ONE from the Tourism Group ONE from the Logistics** Group ONE from the ICT Group ONE from the Property Development Group TWO from the Other Business Services Group
*Financial Services shall include, without limitation, Insurance and Banking; and **Logistics shall include, without limitation, Transportation & Related Services.
2.2 For election purposes two Open Seats may be allocated by the Council to co-opted members representing such specific sectors or associations as the Council deems appropriate. The co-opted members shall have the same voting rights as the other Council Members
2.3 If there are not sufficient candidates or if there is no candidate to be elected for any seats reserved for any group, then the vacant seats may in any year be filled in by the Council through nomination of coopted Members.
2.4 Subject to the termination of the current mandates, as from of the adoption of the present rules the elected Council Members shall hold office for two (2) years from the date of election up to the conclusion of the Annual General Meeting convened for the purpose of electing Council Members. By derogation to the above, the existing Council Members shall remain in office till the next election.
2.5 The coopted Members shall hold office from the date of nomination up to the conclusion of the next General Meeting convened for the purpose of electing Council Members.
2.6 All the Members of the Council are eligible for re-election or re-nomination.
2.7 If in any year a member has been co-opted by the Council to fill in any seat scheduled to be occupied by a member to be elected at an Annual General Meeting and that the latter, in any succeeding elections, decides to elect one of its number to occupy this seat, the then elected member shall be considered, for the purpose of rotation, to have been elected at the time the Council has coopted a member to occupy such seat, provided such nomination by the Council has not been made during two (2) consecutive years.
2.8 The functions of the Members of the Council shall be honorary.
3. POWERS OF THE COUNCIL
The Council may exercise all such powers and do all such acts and things as the MCCI is, by Article 1 of these Rules or otherwise, authorised to exercise and do, and that are not directed or required hereby or by the Registration of Associations Act No. 35 of 1978 and/ or any Regulations made thereunder, to be exercised or done by the MCCI in General Meeting or by Special Resolution at General Meetings.
4. APPOINTMENT OF OFFICE BEARERS
4.1 The Council shall, as soon as practicable after each Annual General Meeting, hold a meeting of its Members, at which a President and a Vice-President of the MCCI shall, either by ballot or by show of hands, be appointed from among their number for a period of one year. At the beginning of such a meeting, Members of the Council present shall elect from among their number, a Chairman of the meeting who, for the purpose of the above election, shall have an original and also, in case of equality of votes, a casting vote.
4.2 The Council shall have power to employ and dismiss : (i) a Secretary-General, who shall be the Chief Executive Officer of the MCCI, and (ii) a Deputy Secretary-General. It may also engage professional assistance and pay to all persons so employed such remuneration as it may deem fit.
4.3 The Council may delegate its above powers to a sub-committee of the Council constituted at least of four Members including the President or the Vice-President.
5. MEETINGS OF THE COUNCIL
5.1 The Council shall meet at least once every two months at such place and time as it shall decide.
5.2 The Council shall also be convened at any time by the Secretary- General or Deputy Secretary-General on instructions from the President, or, in his absence, from the Vice-President or in the absence of both the President and the Vice-President, from three Members of the Council. The agenda shall specify the purpose for which the meeting is to be convened.
5.3 The Secretary-General shall convene a meeting of the Council upon receipt of a written request to that effect, from at least three Members of the Council and the meeting shall be held within fifteen days of such request. Should the Secretary-General or Deputy Secretary- General fail to convene the meeting on the expiry of the fifteen days mentioned above, the requisitionists may themselves convene the meeting.
5.4 The quorum for any meeting of the Council is one third plus one of the total number of Members.
5.5 If within half an hour from the time appointed for the commencement of the meeting a quorum is not present, the meeting, if convened upon the requisition of Members, shall be dissolved. In any other case, it shall stand adjourned to the same day in the next week, at the same time and place, provided such day is a working day. Otherwise it shall be held on the next following working day or to such other day and at such other time and place as the Members of the Council may determine. If at the adjourned meeting a quorum is not present within half and hour from the time appointed for the commencement of the meeting, the Members present shall constitute a quorum, whatever their number.
5.6 The President, or, in his absence, the Vice-President shall preside at all Meetings of the Council. In the absence of both the President and the Vice-President, the Members shall choose among themselves a President for the meeting and that President shall exercise all the powers and rights of the President of that meeting. All decisions of the Council shall, save as otherwise specifically provided, be taken by a simple majority of votes of the Members present. Each member shall have one vote. The President or member presiding the meeting shall, if the votes are equally divided have a second or casting vote. The ruling of the President on all questions of procedure shall be accepted as final.
6. SUB AND SPECIAL COMMITTEES
6.1 The Council may appoint such sub-Committees as it may deem necessary. It may appoint on such Committees any representatives or delegates of Members, with full power to act and vote on such Committees. It may also appoint on such Committees any person or persons, whether Members of the MCCI or not, whom it may think desirable, with full power to speak and vote. No person, whether a Member of the MCCI or not, shall be appointed simultaneously in more than two such Committees.
6.2 Any number of Members who may desire to associate themselves in a Special Committee, with the view to representing more effectually the interests of any particular sector of economic activity may address a request to that effect to the Council and the latter may thereupon authorise the formation of such Special Committees.
6.3 Members of the Council representing particular sectors shall be entitled to sit as ex officio Members on any Special Committees concerning their sector.
6.4 The Council may, by resolution passed by a two-thirds majority of its Members present and voting, dissolve or (in such manner as the Council may think fit) reconstitute any Special Committee.
6.5 The Chairman or any Member deputed by any Special Committee shall be entitled to bring any matter relating to his sector or activity to the special attention of the Council.
6.6 No resolution of any Special Committee likely to affect or to diverge from the general policy of the MCCI shall be binding upon the latter until and unless confirmed by the Council.
6.7 The Special Committee shall meet at such place and at such intervals as the Chairman of such Special Committee shall determine except in case of urgency, when not less that five days notice of such meetings shall be given by the Secretary-General who shall convene then upon request of the Chairman of such Special Committees.
6.8 The constitution and proceedings of Special Committees shall be regulated by rules to be embodied in bye-laws.
7. THE PRESIDENT
The President shall a) preside over all Council Meetings and all General Meetings of Members and be responsible for the conduct of business at such meetings; b) put any motion from Members to the vote and declare the result; c) submit to the Annual General Meetings, through the Council, a report on the work of the MCCI during the preceding Accounting period, accompanied by the accounts duly audited in the manner and form laid down in Sections 20, 21 and 22 of the Registration of Associations Act No. 35 of 1978; d) In consultation with the Secretary-General, superintend the general administration of the affairs of the MCCI and endeavour to secure full compliance with the MCCI’s Rules, with the provisions of the Registration of Associations Act No. 35 of 1978 and the Regulations made thereunder.
8. THE SECRETARY-GENERAL
The Secretary-General shall
a) with the approval of the President, convene the Members of the MCCI to any General or Extraordinary or Special General Meetings by ordinary or registered mail (as may be decided by the Council), posted so as to reach the Members at least FOURTEEN DAYS before the meetings, except in case of urgency (of which the President shall be the sole judge) where the delay of convocation may be shortened to five days. In case of Annual General Meetings or in case a Special Resolution is to be proposed, the Secretary-General shall also convene the Members of the MCCI by a notice published in a daily newspaper approved by the Registrar not less than fourteen days before the date of the Meeting; b) convene the Members of the Council of the MCCI as indicated in paragraphs 6.2 and 6.3 of the present Article III by means of letters posted at least five days before the meeting. In case of urgency (of which the President shall be the sole judge) the Council Meeting may be called at shorter notice; c) conduct the business and affairs of the MCCI in accordance with these Rules and the provisions of the Registration of Associations Act No. 35 of 1978 and any Regulations made under this Act; d) carry out the instructions of the Council; e) attend all Meetings of the Council, Committees and General Meetings and record the Minutes of proceedings thereof; f) attend to the correspondence of the MCCI; g) keep an inventory of all the assets and properties of the MCCI; h) keep in his custody all the books, accounts and vouchers of the MCCI. The Secretary-General shall also keep in his custody all the records and unused receipt books, the registers, deeds and other documents relating to the MCCI and the minute books of the Council and of the Committees, and of General Meetings;