MUMBAI

ELECTION RULES

Preamble:

The Rules and Regulations of the Institute provide for nine seats on the Governing Council, for the Members of the Institute. They further provide that the elections to fill the vacancies in these nine seats shall be held every TWO years.

The Rules and Regulations of the Institute authorize the Governing Council to frame the Election Rules from time to time. The process of Election and the consequent Reconstitution of Governing Council shall be as follows:

Electoral Roll:

A list of the members -with names and addresses- as appearing at the close of the financial year (31st day of March) in the “Register of Members” of the Institute, will be called the “Electoral Roll” of the Institute for the purpose of elections in the relevant financial year. Every Member who is in default of payment of membership fees, shall be notified by email (where available) and by post, that membership rights, including voting rights, will lapse unless the previous dues are received within thirty days from date of the notice. Dispatch of Notice by Courier/ Registered Post/ Speed Post to the address on record will be proof of intimation.

Appointment of Returning Officer:

The Governing Council shall fix the date, timing and venue of the election. The Governing Council may appoint a returning officer, other than the Secretary.

The Governing Council shall simultaneously constitute a three-member Dispute Resolution Panel consisting of the Returning Officer plus two members of Governing Council, as mentioned in section 9 of these rules.

Notification to Electorate:

Within sixty days after the date of closing of the Register of Members on 31st March of the relevant year, the Returning Officer appointed by the Governing Council shall issue a circular to all members of the Institute notifying them of the number of vacancies to be filled by election from amongst the different categories of membership and invite nominations for the same. This circular shall be sent to each individual member along with a copy of the electoral roll for the applicable category of membership and a specified format of the nomination form. Candidates for each category of Membership (Fellows, Associates and Ordinary) shall be proposed and seconded by members of the same category. Such nominated candidates for election to the Governing Council, should have at least ten years of service in shipping or related industries and not be on the payroll of the Institute. Each nomination paper shall be signed by the proposer, seconder and the nominee, who should all be members of the Institute, as appearing in the electoral roll, and the nomination form should reach the Returning Officer on or before the thirtieth day after the date of issue of the circular.

Within fifteen days after the last date for receipt of nominations, the Returning Officer, after scrutiny thereof, shall circulate to all members of each category, a list of all valid nominations accepted. If the number of valid nominations in a specific category is the same as the vacancies required to be filled, the Member(s) nominated shall be deemed to have been duly elected. If the number of valid nominations in a category or categories are in excess of the vacancies required to be filled, the Returning Officer will call upon the members of those categories to elect the required number of representatives from amongst the nominees. The circular shall specify the actual date, time and the venue of the election as decided by the Governing Council. The date fixed for the election should not normally be earlier than thirty days after the date of issue of the circular. The entire process of holding of Elections should preferably be completed by 15th August of the relevant year.

Ballot Paper:

All the names as appearing in the valid nominations will be exhibited in the Ballot Paper of each category, in alphabetical order. Every member of the electorate shall be entitled to the same number of votes as the number of vacancies to be filled by election from his/her category of membership. For instance, if three vacancies in the Governing Council are to be filled up by election from amongst the “Ordinary members category”, each Ordinary member entitled to vote shall indicate his/her preference by putting a cross (X) each against the names of any three of those appearing on the ballot paper. If more than one cross is put against any name or more than three such preferences are indicated on the ballot paper or the crosses are not marked properly or not in the right places, that ballot paper shall be considered invalid. Any other method of marking the preferences or writing on the face of the Ballot Paper shall also invalidate the ballot paper.

Conduct of Election:

Each candidate for election shall be entitled to nominate one election agent whose name shall have been communicated to the Returning Officer in writing at least three days before the date of elections.

On the day of the elections the Ballot Box shall remain open for nine hours preferably between 10 A.M to 7 P.M. Those registered to vote by postal or online ballot (if applicable), shall follow the guidelines mentioned herein below at 6 a) and 6 b), or as may be circulated from time to time.

To maintain secrecy of voter’s identity the Ballot Paper shall not bear any serial number or any other distinguishing marks. However, each Ballot Paper before use at the venue of election shall be signed by the Returning Officer in the presence of the member to whom the same is issued. Similarly, each member who comes to vote at the venue of election should initial a copy of the Electoral Roll specifically kept for this purpose in the custody of the Returning Officer. The candidates for election or their agents can inspect this special copy of the electoral roll at any time during the election day or at the time of counting of votes, for verification purpose. Any ballot paper, found in the ballot box, without the signature of the Returning Officer shall be invalid.

The members should be present in person to cast their votes unless they are registered to vote by postal or online ballot (when available). A member shall choose only ONE method for casting his vote. No proxies are allowed for the purpose of elections. Each member will be issued only one Ballot Paper.

On receipt of the Ballot paper duly signed by the Returning Officer the member shall indicate his preferences and deposit the same in the Ballot Box provided for the purpose.

Exactly at the close of time for casting vote on the election day the Ballot Box will be sealed by the Returning Officer in the presence of the candidates or their agents, if present. The Returning Officer shall make arrangements for counting the votes on the same day, or a specific date and time in consultation with the candidates or their agents.

Those who have obtained the highest number of votes in the applicable category shall be deemed to be duly elected as representatives of that category on the Governing Council.

Remote Voting:

Members of the Institute who wish to cast their votes remotely are eligible to do so by post or Online (when available). A member shall choose only ONE method for casting his vote. On a written request from a member by letter or email, the Returning Officer shall send voting papers by speed post / electronic link to their Registered address/ email, to enable them to exercise their right to vote. Such voting will be arranged in the following manner.

On receipt of a written request for voting by Postal Ballot, the Returning Officer shall send the signed ballot paper to such members along with a small and a big return envelope, both addressed to the Returning Officer. Members will enclose the ballot paper duly crossed against the names of their choice in the small envelope, without any other writing or mark on the Ballot paper or envelope, which shall be suitably sealed. This small envelope shall be enclosed in the big envelope by the member with a covering letter duly signed, stating that the Ballot paper is forwarded in the enclosed small envelope. The Member shall send the same by post, duly and sufficiently stamped, directly to the Returning Officer OR deposit the same in person into the specific box kept at the Office after marking his/ her name in the special copy of Electoral roll, during the five working days prior and including the election date. The date and time of receipt of the Postal Ballot shall be recorded on the cover.

The Returning Officer shall open these covers containing the Postal Ballots on the day of Elections, and after proper verification of the members’ signature as appearing in the covering letter, and marking the name on the special copy of Electoral roll, shall place the sealed Ballot Papers in the Ballot Box before its closure, in the presence of the candidates or their Agents, if present.

On receipt of a request for voting online (when available) the Returning Officer shall forward the necessary instructions and links, which must be carefully followed by the Member. Any error by the Member while casting his vote online will invalidate it, and no further process or complaint shall be entertained. The Rules for conduct of online voting shall be part of these Election Rules, as and when the Governing Council incorporates online voting system.

The counting of votes received on line (when applicable) will be done simultaneously with Postal and in-person Ballots.

Results:

The results of the elections based on the highest number of votes obtained after the counting for each category and the number of vacancies, shall be declared by the Returning Officer by conveying the same in writing to the Governing Council. This record shall be witnessed by the candidates or their agents (if present).

In the event of a tie between two or more candidates, obtaining equal number of votes for a single vacancy, the results shall be decided by draw of lots by the Returning officer.

New and Retiring members:

The newly elected members of the Governing Council shall be deemed to have taken office on the day after the results of the elections are announced at the following Annual General Meeting of Members. The outgoing elected and co-opted Members to the Governing Council shall be deemed to have retired at the end of that Annual General Meeting.

Dispute Resolution:

Any dispute in the conduct or result of the election shall be presented by the aggrieved party to the three-member Dispute Resolution Panel appointed by the Governing Council and the decision of the panel shall be final and binding on all.

Nominations to the Governing Council:

The Rules and Regulations of the Institute provide for not more than EIGHT nominations to the Reconstituted Governing Council from the representative organizations connected with Shipping, whose names and number of nominees are approved by the General Body of Members. These Nominees, holding senior positions in these organizations, shall continue to retain their position as Representatives of their respective organizations, subject to the Rules and Regulations of the Institute. The Secretary shall request each approved representative organization to re-confirm their Nominee/s during the process of each election.

The three ministries of the Government of India, as stated in the Rules and Regulations, shall also be requested for their nominations.

Reconstitution of the Governing Council:

The Rules and Regulations of the Institute provide that the Governing Council shall be reconstituted soon after the ratification of the election results at the Annual General Meeting (AGM). The Reconstituted Governing Council, consisting of the newly elected/nominated and also continuing members, shall serve for a term of two years. They shall elect from among themselves a Chairperson and a Vice-Chairperson for the two-year term. The term of this Governing Council shall expire at the end of the AGM after two years.

12: Reconstitution of Standing Committees:

As provided in the Rules and Regulations of the Institute, not more than two Standing Committees shall be constituted. The Governing Council (GC) shall appoint the Chairpersons from among GC members. The respective Chairpersons of the Standing Committees shall nominate suitable elected, nominated or co-opted members for their Committees.

13: Co-option to the Governing Council:

As provided in the Rules and Regulations of the Institute, there shall be not more than FOUR co-opted members nominated by the Reconstituted Governing Council. The Term of these co-opted members, shall also be Two years, synchronous with the term of the Governing Council which co-opted them. In case of a vacancy / vacancies due to lack of nominations in any category, or due to any other cause, the Governing Council may fill the casual vacancy by co-option from among the members of the Institute. These additionally co-opted members also shall hold office only for the remaining period of the current term of the Governing Council.

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(THE ABOVE ELECTION RULES WERE UNANIMOUSLY APPROVED BY A RESOLUTION OF THE GOVERNING COUNCIL AT IT’S MEETING HELD ON 11TH DAY OF JUNE, 2022. THEY SUPERCEDE THE EXISTING ELECTION RULED OF 11TH OCTOBER, 2002, AND TAKE EFFECT IMMEDIATELY)