ARTICLE 1

NAME AND NATURE OF THE ASSOCIATION

1.1     The name of the association shall be the Pakistan Ex Servicemen’s Association (PESA). PESA shall be a non-profit and non­-government organization.

ARTICLE 2

REGISTERED OFFICE

2.1   The registered office of PESA shall be located at Rawalpindi.

ARTICLE 3

OBJECTS & FUNCTIONS OF PESA

3.1        The objects of PESA are:

a)   to promote, endorse and support all measures that fortify and preserve the sanctity of the Constitution of the Islamic Republic of Pakistan (“Constitution”)and  further the security and well-being of the people of Pakistan;  and

b)   to promote and support policy that contributes to the welfare of ex servicemen belonging to the  Armed Forces of Pakistan i.e. the Army, Navy and Air force (Ex-Servicemen).

3.2        PESA shall take all legitimate actions and steps that are necessary and expedient for the implementation of the aforesaid objects.

 3.3        Notwithstanding the generality of Article 3.2, PESA may undertake the following activities for the furtherance of the aforesaid objects:

a)   Bring the members of PESA together periodically in a multidisciplinary environment of professional exchange; 

b)   Liaise and interact with local and foreign professionals and experts in relation to the fields of state security, diplomatic relations, law, social reform and media;   

c)    Arrange lectures and seminars inviting recognized local and foreign scholars and academics who have expertise in the fields of state security, diplomatic relations, law, social reform and media; 

d)   Hold conferences and meetings for the furtherance of the aforesaid objects;  

e)   Identify issues and elements undermining the inviolability of the Constitution and hampering and jeopardizing the security and well-being of the people of Pakistan by means of, but not limited to, the sources set out in sub-articles (a), (b), (c) and (d).   

f)    Issue a periodical journal containing well  researched analysis and recommendations on issues that contribute to the achievement of objectives of PESA.  

g)   Publish, display and disseminate issues identified pursuant to sub-article (e), or otherwise, by means of, but not limited to, media, newsletters, pamphlets and banners;

h)    Support, promote and endorse efforts initiated by the civil society, any party (political or non-political) or any organization for resolution of the issues identified pursuant to sub-article (e), or otherwise; and

i)      Liaise, interact and coordinate with other national and international entities and organizations pursuing similar goals.

ARTICLE 4

MEMBERSHIP

4.1          The membership of PESA shall be open to all Ex Servicemen. Honorary Membership may be granted to sociologists, lawyers and other professionals and experts involved in the fields of state security, diplomatic relations, law, social reform and media, who have made outstanding contributions in their respective fields.

4.2         The forms of memberships of PESA consist of:

a)     Regular Membership: Any Ex Serviceman, upon signing a declaration and paying the requisite fee, as prescribed by the Rules and Regulations, may become a regular member of PESA.

b)      Life Membership: Life Membership shall be open to any individual eligible for Regular Membership on payment of an amount, as prescribed by the Rules and Regulations of RSA.                                                                                            

c)      Honorary Membership: The Executive Council may, of its own accord, confer Honorary Membership of PESA on persons who have made outstanding contributions in the fields of state security, diplomatic relations, law, social reform and media.

4.3         All members other than Honorary Members shall pay a membership subscription fee, as prescribed by the Rules and Regulations of PESA.

4.4         a)   All members shall be entitled as a matter of right to participate in all activities of   PESA, except as indicated in sub-article (b).

b)   The right to vote or to become office bearers of PESA shall only be given to Regular and Life Members (“Voting Members”).

c)   All members regular in payment of membership dues shall be entitled to receive, free of cost, all publications and communications of PESA except the Journal for which separate subscriptions will be charged after these have been determined by the Executive Council.

4.5      Membership of PESA shall cease:

a)      By voluntary resignation as from a specified date;

b)      If a member fails to pay his or her annual subscription as and when such becomes due, and has not responded within an additional one month after a registered notice demanding payment has been delivered.

c)      If a resolution terminating such membership is passed by a two-thirds majority of the members of the Executive Council and if such resolution of the Executive Council is confirmed by the General Body at its next meeting by a majority. No member shall question the reasonableness or otherwise of such resolution and shall submit to it provided he or she has been served with a notice in writing at least 14 days prior to action taken by the Secretary informing her or him of such action and provided she or he has been given an opportunity to represent her or his case before the Executive Council.

ARTICLE 5

GENERAL BODY

5.1       The General Body of PESA shall consist of all the Voting Members.

5.2       The General Body shall have the following duties and powers:

(a)  To elect the Executive Council and office bearers of PESA. The Executive Council shall be elected at the Annual General Meeting of the General Body. At least one-half of the Voting Members shall be required to constitute a quorum at such meeting;

(b)  To consider and decide all matters as may from time to time be placed before them in a general meeting;

(c)  To amend this Memorandum of Association in accordance with the provisions contained hereinafter and as prescribed by the Rules and Regulations of PESA;

(d)  To suspend or remove the Office Bearers of PESA, at a special meeting of the General Body, with at least one-half of the Voting Members present, and two-thirds of the members present at the meeting voting to remove. A special meeting for this purpose shall be held on written demand of one half of all the Voting Members.

5.3       Members of the General Body unable to attend a meeting shall have the right to express their opinion through postal, electronic or any other mode of communication, regarding any matter on the agenda of a meeting of the General Body and such opinion shall be given the same consideration as that of a member physically present at such meeting.

ARTICLE 6

EXECUTIVE COUNCIL

6.1        PESA shall have an Executive Council that shall carry out the executive, managerial and administrative authority and functions of PESA.

6.2       The Executive Council shall consist of the President, Vice-President, Secretary, Joint Secretary, Member Finance, Member Media, Assistant Secretary (Administration), Assistant Secretary (Media) and the Vice-Presidents heading the Provincial Chapters of PESA, if and when formed (“Office Bearers”).

6.3       The Executive Council shall be elected for a term of two years by the Voting Members from among themselves, in an Annual General Meeting of the General Body, held in accordance with the procedure prescribed by the Rules and Regulations of PESA.

6.4       All members of the Executive Council shall be elected for a period of two years. However:

a)         In extraordinary circumstances, the Executive Council may continue functioning for an additional period of not more than six months, after which its powers shall cease to exist. In such an event, the General Body Meeting may convene to organize new elections;

b)         None of the Office Bearers of PESA and the members of the Executive Council shall hold the same office for more than two consecutive terms;

c)         A member of the Executive Council not attending two consecutive meetings of the Executive Council without prior written information to the President/ Secretary shall cease to be a member of the Executive Council.

6.5       The President, or in his or her absence, the Vice-President shall preside over the meetings of the Executive Council. In their absence, the members present shall elect a chairman to preside over the meeting. Provided that any such election shall be limited to the meeting from which the President and Vice-President are absent.

6.6      The Executive Council shall direct, regulate and administer the general affairs of PESA in accordance with this Memorandum of Association and the Rules and Regulations of PESA; and shall:

a)         Draw an annual program and undertake projects for the fulfillment of the objects of PESA;

b)         Draft, propose, approve and amend the Rules and Regulations;

c)         Approve the setting up of chapters of PESA in other cities and may set up a larger consultative body consisting of office-bearers of various chapters of PESA;

d)        Grant affiliations to similar bodies, if doing so is deemed desirable, in accordance with the Rules and Regulations;

e)        Convene a meeting of the General Body as and when necessary;

f)          Present an annual written report to the General Body, concerning the activities of PESA;

g)         Appoint a Chief-Editor and an Editorial Board for its publications, in accordance with the Rules and Regulations of PESA;

h)         Fill any casual vacancies in the Executive Council by co-option from amongst the present Voting Members of PESA, up to a maximum three members;

i)          Be empowered to enter into contracts and agreements and approve research proposals, in furtherance of the aforesaid objects, on behalf of PESA;

j)          Have the right to own, hold, administer and invest funds and property vesting in PESA, in furtherance of the aforesaid objects; and

k)         Approve the membership of individuals to PESA with a simple majority vote.

6.7       The decisions of the Executive Council at a meeting shall be taken by a simple majority vote. In the event of a voting being equal, the President or the person presiding over such meeting shall have a second and casting vote.

6.8       In the event of a casual vacancy in the offices of the President or the Secretary, the Vice   President or the Joint Secretary, respectively, shall assume their duties for the remaining period. In relation to the positions of other Office Bearers, the Executive Council shall fill the casual vacancy as deemed appropriate under the circumstances.

6.9       The Executive Council shall have the authority to draft and approve Rules and Regulations in relation to the conduct of elections to the Executive Council, including the voting procedures.

ARTICLE 7

DUTIES AND POWERS OF THE OFFICE BEARERS OF PESA

7.1     PESA shall have the following Office Bearers:

a.         President;

b.         Vice President;

c.         Secretary;

d.         Joint Secretary;

e.         Member finance;

f.           Member Media ;

g.         Assistant Secretary (Administration)

h.         Assistant Secretary (Media)

i.           The Vice Presidents heading the provincial chapters, if and when formed.

7.2     The President shall:

(a)        Convene meetings of the Executive Council

(b)        Preside over all the meetings of the General Body and Executive Council; and

(c)        Oversee and direct the affairs and activities of PESA, in accordance with this Memorandum of Association, the Rules and Regulations and/or bye-laws of PESA.

7.3         The Vice President shall:  

            a)         Assist the President in discharging the duties of his office in the manner specified by the President; and

            b)        Discharge the duties and exercise the powers of the President in his or her absence.

7.4       The Secretary shall:

a)         Keep and maintain all the records of PESA;

b)         Maintain a register of all the members of PESA;

c)         Maintain the minutes of all the meetings of the General Body and the Executive Council;

d)         Be responsible for supervision of the day-to-day activities of PESA;

e)         Supervise the appointment and dismissal of other paid staff of PESA;

f)          Carry out all activities and deal with all correspondence on behalf and in the interest of PESA with the approval of the Executive Council; and shall have the power to seek assistance in his work from the Joint Secretary or any other member.

g)         Call all the meetings of PESA when called upon to do so by the Executive Council.  

7.5       The Joint Secretary shall undertake all the duties of the Secretary in her or his absence and shall assist him in the performance of the day-to-day activities of PESA.

7.6        The Member Finance shall:

a)   Hold and disburse all the funds of PESA as authorized by the Executive Council;

Provided that the Member Fimance shall deposit all the funds of PESA into one or more bank account, opened with any scheduled bank in the name of PESA.

b)    Issue receipts for all the money and funds received by PESA;

c)    Be responsible for maintaining the Books of Account of PESA;

d)   Supervise the maintenance of proper books of receipt, and present a Financial Statement at the Annual General Meeting of the General Body, duly approved by the Executive Council;

e)   Be responsible for the annual auditing of the accounts of PESA by the auditors appointed by the Executive Council.

7.7       The Member Media  shall be the Public Relations Officer (P.R.O) of PESA and shall be responsible for the publicity of all the activities of PESA.

7.8       The  Assistant Secretary (Administration) shall assist the Secretary in administrative Matters.

7.9       The Assistant Secretary ( Media) assist the Member Media inall matters relating to Media  

7.10      Any Office Bearer may resign from office for any reason, by notifying the President in writing.

ARTICLE 8

FINANCES

9.1       The fees for all categories of memberships shall be as specified in the Rules and Regulations of PESA.

9.2       PESA shall be financed from sources identified in the Rules and Regulations of PESA.

9.3       All funds received by PESA shall be deposited in one or more account opened with a scheduled bank in accordance with this Memorandum of Association and the Rules and Regulations of PESA.

9.4       All accounts shall be audited every year by an auditor appointed by the Secretary in consultation with the President.

ARTICLE 9

MEETINGS

All meetings of PESA shall be held in accordance with the procedure prescribed by the Rules and Regulations of PESA.

ARTICLE 10

ELECTIONS AND VOTING

The procedure for elections of the Office Bearers of PESA shall be as prescribed by the Rules and Regulations of PESA.

ARTICLE 11

COMMITTEES

The President in consultation with the Secretary, and the Executive Council, shall have the power to form committees as and when deemed necessary, in accordance with the Rules and Regulations, in order to meet and further the objects of PESA.

ARTICLE 12

AMENDMENTS

This Memorandum of Association or any part thereof may be amended by a resolution passed by a two-thirds majority of the Voting Members present at a Special General Meeting of the General Body, specially convened for this purpose.

Provided that more than one-half of the Voting Members shall be present at such meeting; and had been given a ten days prior notice of such meeting.

ARTICLE 13

INTERPRETATION

Whenever any difference arises amongst the members touching upon the intent or construction or the incidence or consequences of this Memorandum of Association or the Rules and Regulations of PESA, or concerning anything thereafter done, executed, omitted, or suffered in pursuance of these presents or of the Memorandum or the Rules and Regulations or touching upon the affairs of PESA, then every such difference shall, as a condition precedent to any other action at law, be referred to the decision of the Executive Council. The decision of the Executive Council shall be final. Matters relating to the interpretation of this Memorandum of Association shall be specifically mentioned in the agenda of the Executive Council.

ARTICLE 14

DISSOLUTION OF PESA

The PESA may be dissolved by a resolution passed by at least three-fifths of the Voting Members present at a (General Meeting?) of the General Body in accordance with the provisions prescribed in section 13 of the Societies Registration Act 1860.  At such a meeting, at least one-half of the Voting Members must be present.

Specimen Membership Form

PAKISTAN EX SERVICEMEN’S ASSOCIATION

MEMBERSHIP FORM

Name :___________________________________________________________

Fathers Name : ______________________________________________________________

Date of Birth : ________   Rank at the time of retirement : ______ Service no: _______

Address : ____________________________________________________________

 ____________________________________________________________________

Telephone Nos :  _____________________      FAX No:______________________

E-Mail Address:  ____________________________________________

Terms for Membership

Declaration

1. I  will bear true faith and allegiance to Pakistan and up hold the Constitution of the Islamic Republic of Pakistan.
2. I have not been court martialled or dismissed from service
3. I have not been convicted for any criminal offence in Pakistan or anywhere else.
4. I shall abide by all the terms set in Pakistan Ex Servicemen’s Association ‘s  Memorandum of Association  and the Rules and Regulations of PESA
5. I shall not give any statement to media on behalf of the PESA except when specifically authorized by PESA

Membership fee. ______________________   Donation ________________________ enclosed

Signature                                        Date

APPROVED/ACCEPTED

PAKISTAN EX SERVICEMEN’S ASSOCIATION(PESA) RULES AND REGULATIONS MEMBERSHIP

1.   An individual desirous of becoming a member of PESA (“Applicant”) shall apply to the President or the Secretary of PESA on a prescribed Application Form. The Application Form shall be submitted to the Executive Council by the President/Secretary for approval in a General Meeting of the Executive Council held each quarter to consider applications for new membership.

2.   Membership of PESA shall begin in the month in which the application of the applicant is processed and shall be for life subject to payment of membership fees, unless terminated earlier due to removal or resignation of member in accordance with the Memorandum of Association and these Regulations.

MEMBERSHIP FEE

4.         All members of PESA other than Honorary Members shall pay a membership fee which shall be as under:

Ex Servicemen residing in Pakistan

Life Membership Fee:                          Rs. 10,000/-

Officers Annual Fee:                            Rs. 500/-

JCOs & other ranks                              Rs, 100/-

Ex  Servicemen residing abroad         

Life Membership  Fee:                         $ 200

Annual Subscription:                           $ 20

5.         The Executive Council, by a resolution passed by a two-thirds majority thereof, shall have the authority to confer non-voting provisional membership on an applicant subject to such terms and conditions as it may deem appropriate.

6.         The Executive Council may revise the membership fee as and when deemed necessary to effectively carry out the objects of PESA.

DECLARATION

7.         All Applicants applying for Voting Membership (Regular or Life Membership) of PESA shall sign the following declaration:

a.  I shall bear true faith and allegiance to Pakistan and up hold the Constitution of the Islamic Republic of Pakistan.

b.   I have not been convicted for any criminal offence in Pakistan or elsewhere. 

c.   I shall abide by all the terms and provisions set out in the Memorandum of Association and the Rules and Regulations of PESA.

d.   I shall not give any statement to the media on behalf of PESA unless specifically authorized by PESA.

 8.         PESA shall hold an Annual General Meeting of its General Body once every calendar year, at a time and place to be determined by the Executive Council.

9.         Members of the General Body unable to attend a meeting thereof, shall have the right to express their opinion through postal, electronic or any other mode of communication, regarding any matter on the agenda of a meeting of the General Body and such opinion shall be given the same consideration as that of a member physically present at such meeting.

Provided that only opinions received at least one day prior to a meeting of the General Body shall be given consideration.

10.       A Special General Meeting of the General Body can be convened by at least one-third of all the members of the General Body making a written request to the President or the Secretary, giving notice of their desire for a Special General Meeting to be held at least 30 days in advance of the desired day for such meeting.

11.       Notice of an Annual General Meeting or a Special General Meeting shall be mailed by the Secretary to all members of the General Body, fourteen days prior to the day fixed for such meeting.

 ELECTION OF THE OFFICE BEARERS OF THE EXECUTIVE COUNCIL

 12.      All Office Bearers shall be elected by simple majority in the Annual General Meeting of the General Body, for a period of two years.

13.       No Office Bearer shall hold office for more than two consecutive terms.

MEETINGS OF THE EXECUTIVE COUNCIL

14.      The Executive Council shall have a General Meeting at least once each quarter. Generally, the President of the Executive Council (“President”) shall convene a General Meeting of the Executive Council. However, the Executive Council may meet more than four times a year if the President deems it necessary and expedient for the furtherance of the objects of PESA, or if a written demand is made by at least one-third of the members of the Executive Council. A minimum notice of fourteen days shall be given prior to the holding of a General Meeting of the Executive Council. In case of an emergency, an Extraordinary Meeting may be called by giving a notice of three days.

15.     Any member of the Executive Council not attending two consecutive general meetings of the Executive Council without prior written notice to the President or the Secretary shall cease to be a member of the Executive Council.

16.      At least five members of the Executive Council shall constitute a quorum for its meetings. All decisions shall be taken by majority votes except when otherwise stated in these Regulations.

17.       All discussions at a meeting of the Executive Council shall be recorded and the minutes so recorded shall be circulated among members for their information and approval.

APPOINTMENT OF CHIEF EDITOR AND EDITORIAL BOARD 

18. The Chief Editor and the Editorial Board shall be appointed by the Executive Council on such terms and conditions as it deems appropriate.
     

19. The Chief Editor and the Editorial Board may be appointed from amongst the members of PESA or otherwise, as the Executive Council deems appropriate.

ELECTIONS & VOTING PROCEDURES 

20. Elections to the Executive Council shall be held on a single day at a time fixed by the Secretary.
21. The Secretary shall, before the holding of the Annual General Meeting of the General Body, ­invite nominations for election to the Executive Council.
22. All Voting Members shall be eligible for contesting election for any office of PESA.
23. All Voting Members desirous to contest the election for an office of PESA shall submit their particulars  which shall be duly proposed and seconded by  two Voting Members,  by a time and date at least 48 hours the prior to the election.
24. The President in consultation with the Office Bearers of the Executive Council shall appoint an election committee of three members of the General Body (“Election Committee”), headed by an Incharge Election Committee to oversee nominations and elections.

   25. The members of Election Committee shall not be eligible to contest for any office of

PESA, for the particular elections where they are serving on the Election Committee.

26. Before the commencement of election for each Office Bearer the Incharge Election Committee shall announce the names of the candidate, the proposer and seconder. Each one   shall confirm the proposal by show of hand.

   27. The elections shall be conducted by a show of hands. The votes will be counted by two Members of Election Committee under  the supervision of the Incharge Election Committee.

 28. A voter may, if he so desires, send his or her vote through a bearer or by post in a sealed envelope, specifying the words “Privileged & Confidential” thereon. A vote through e-mailshall only be valid if sent from the e-mail address of the member registered with PESA and verified by the Election Committee.

29. Each member shall have only one vote. No proxies shall be admissible.

30. Counting of votes, including mailed ballots, shall be done on the day of the elections by the            Election Committee and tentative results shall be announced immediately after conclusion of      the vote counting process. Each candidate may, in person or through a representative, observe        the counting of ballots.

31. The results shall be valid after authentication of the same by the Executive Council. The results     so validated shall be published in a newsletter or any other publication of PESA or by means            any other source deemed appropriate by the Executive Council.

POWER OF THE EXECUTIVE COUNCIL TO GRANT AFFILIATIONS

32. In accordance with the Memorandum of Association, the Executive Council shall have the power and duty to:

a)  Grant affiliations to similar bodies, if doing so is deemed desirable by the Executive Council. Affiliations shall be granted in the following manner and in accordance with the following criteria:

                         (i)   Affiliations may be granted to national organizations;

                         (ii) Affiliations may be extended to any government or non-government organization working in the field of state security, diplomatic relations, law, social reform and/or media;

                         (iii)  The reputation, past performance, history of undertakings or projects and other performance indicators shall be taken into account before granting affiliation to such organizations; and

                         (iv) Any other selection criteria for this purpose may be prescribed by the Executive Council as it deems fit.

FINANCES

33. The financial year of PESA shall begin on the 1^st of January and conclude on the 31^st of December.

34. All cheques drawn on any Bank, with whom PESA has maintained an account, shall be jointly signed by the Vice President and the Member Finance.

35. The Member Finance shall operate and maintain a separate bank account for imprest money.

      36. PESA shall be financed by means of the following sources:

      a)        Fees paid by the Voting Members of PESA;

b)         Money generated from the sale of publications of PESA and the royalties gained thereon;

c)         Gifts and endowments made to PESA by different national and international agencies;

d)         Grants from donors;

e)         Interest on investments;

f)          Earnings from any property vesting in PESA; and

g)         Any other source deemed appropriate and duly approved by the Executive Council.

LOCAL CHAPTERS

37. At least 30 members shall be required from each province to start a provincial chapter of    PESA, subject to the approval of the Executive Council. The Executive Council shall       encourage the formation of such chapters and provide all possible assistance in their smooth           functioning.

38.The provincial chapters shall have their own Provincial Executive Councils with powers,     obligation, and duties similar to those of the Executive Council constituted by the         Memorandum of Association (“Central Executive Council”). The provincial chapters shall not    undertake any activity in contravention of the objects of PESA. In the event of a dispute    regarding any issue arising in a provincial chapter, the decision of the Central Executive Council with respect to the same shall be final.

AMENDMENTS

39. The Memorandum of Association or any part thereof may be amended by a resolution passed          by a two-thirds majority of the Voting Members present at a Special General Meeting of the         General Body, specially convened for this purpose.

40. Provided that more than one-half of the Voting Members shall be present at such meeting, and       shall be given ten day prior notice of such meeting.

41. Amendments to the Memorandum of Association may be proposed by the Executive Council,        or by a petition of at least ten percent of the total members of the General Body.

41. All proposed amendments to the Memorandum of Association shall be communicated to all            the members of PESA, at least ten days prior to a meeting where such amendments or         modifications are to be considered.

42. These Regulations shall be amended by a resolution passed by a two-thirds majority of the total      members of the Executive Council present at a Special General Meeting thereof, specially    convened for this purpose.