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Tour Operators Association

 Memorandum of Association – 2021

 

1 NAME OF THE SOCIETY

The name of the society shall be “Tour Operators Association”, hereinafter called the TOA.

2 REGISTERED OFFICE

3/353 – E, Utkala, St. Antony’s Road, Chengamanad, near Cochin International Airport, Kochi, Kerala 683578

3 Postal Address

3/353 – E, Utkala, St. Antony’s Road, Chengamanad, near Cochin International Airport, Kochi, Kerala 683578

4 Area of Operation :

INDIA

5 AIMS AND OBJECTS

Tour Operators Association (TOA) is an association of  tour operators to focus their common issues . It’s aim is to develop largest network of tour operators from all over the world and to stand as a common platform for marketing and branding. We will stand for a healthy business environment, support each other, address issues and influence governing bodies to benefit the industry. And where ever possible we share a common platform in marketing, learning, and improvements in the business. The main objectives are follows
  1. Tour Operators Association (TOA) is an association of  tour operators to focus their common issues
  2. To stand together for a healthy business environment and to support each other while operating independently.
  3. To promote and foster feelings of unity, co-operation and mutual help and to eliminate unhealthy competition and unfair business practices among the operators.
  4. Participate in travel fairs and tourism business meetings inside and outside India.
  5. To advise and assist the members in technical, non-technical and legal matters.
  6. To advise and assist the members in business, non-business and legal matters.
  7. To encourage and conduct research for the development of tourism industry and any other profession connected therewith with an aim to make India a competitive destination.
  8. To adopt or develop models for the development and growth of the industry.
  9. To address common issues and influence governing bodies to benefit the industry.
  10. To share e suggestions and models with governing bodies and industry partners for the development of the industry as well as India as a tourism destination.
  11. To share a common platform for marketing, learning, and improvements in the business wherever possible.
  12. To generate awareness on “Environmental protection and its impact on tourism industry” among the people.
  1. To institute awards, prizes and gifts for encouraging tourism.
  2. To promote and improve the standard and quality of tourist movement in India.
  3. To reward and recognize persons and organizations working in the field of tourism.
  4. To participate or organize charitable or social services to popularize tourism and TOA in the general public.

6 DECLARATION

We the members of Governing Board, signed hereunder, whose names and addresses are given below are desirous of being formed in to a Society in pursuance of this Memorandum under the Travancore Cochin Literary & Scientific Charitable Societies (TCL&SCS) Act under the name of Tour Operators Association, Dated 11 November 2021.
SL NO: NAME & ADDRESS OCCUPATION DESIGNATION (IN ASSOCIATION)
1 Abdul Nazir M M Manayil Marathenkottil (H) Munadakkal P.O Malappuram Dist Kerala, 673645 Pin, INDIA Managing Partner Kerala B2B President
2 Poorvi Agarwal Ideal residency flat 10d 179a/1a Maniktala main road kolkata 700054 God Speed Travels Founder General Secretary
3 Femeer Ummer Manadath House, Gate#NRI85, Kuttamassery Thottumughom PO Aluva, EKM, Kerala, PIN -683105 Travelogue Holidays Managing Director Treasurer
4 Shraddha Parab B14/1 Popular Nagar Warje Malwadi, Pune Maharashtra, India 411058 Extronamical Holidays Founder Vice President
5 Jyothish Mohanan Travelcation Holidays Director Founder Vice President
6 Fruitwala Fakhruddin Hakimbhai 70, Lane – 2, Kutbi Street, Nr. Kalupur Gate, Kalupur, Ahmedabad – 380001  Babji Tours & Travels Owner Secretary
7 Abhishek Trivedi 84, New Lay Out, 2nd Floor, Sitaramdera, PO. Agrico, Jamshedpur Jharkhand – 831009 Secretary
8 Priyaqnka Secretary
  Tour Operators Association Rules and Regulations of the Society 1 NAME OF THE SOCIETY The name of the society shall be “Tour Operators Association”, hereinafter called the TOA. 2 REGISTERED OFFICE 3/353 – E, Utkala, St. Antony’s Road, Chengamanad, near Cochin International Airport, Kochi, Kerala 683578 3 Postal Address 3/353 – E, Utkala, St. Antony’s Road, Chengamanad, near Cochin International Airport, Kochi, Kerala 683578 4 Area of Operation India 5 AIMS AND OBJECTS Tour Operators Association (TOA) is an association of  tour operators to focus their common issues . It’s aim is to develop largest network of tour operators from all over the world and to stand as a common platform for marketing and branding. We will stand for a healthy business environment, support each other, address issues and influence governing bodies to benefit the industry. And where ever possible we share a common platform in marketing, learning, and improvements in the business. The main objectives are follows
  1. Tour Operators Association (TOA) is an association of  tour operators to focus their common issues
  2. To stand together for a healthy business environment and to support each other while operating independently.
  3. To promote and foster feelings of unity, co-operation and mutual help and to eliminate unhealthy competition and unfair business practices among the operators.
  4. Participate in travel fairs and tourism business meetings inside and outside India.
  5. To advise and assist the members in technical, non-technical and legal matters.
  6. To advise and assist the members in business, non-business and legal matters.
  7. To encourage and conduct research for the development of tourism industry and any other profession connected therewith with an aim to make India a competitive destination.
  8. To adopt or develop models for the development and growth of the industry.
  9. To address common issues and influence governing bodies to benefit the industry.
  10. To share e suggestions and models with governing bodies and industry partners for the development of the industry as well as India as a tourism destination.
  11. To share a common platform for marketing, learning, and improvements in the business wherever possible.
  12. To generate awareness on “Environmental protection and its impact on tourism industry” among the people.
  13. To institute awards, prizes and gifts for encouraging tourism.
  14. To promote and improve the standard and quality of tourist movement in India.
  15. To reward and recognize persons and organizations working in the field of tourism.
  16. To participate or organize charitable or social services to popularize tourism and TOA in the general public.
6 Definitions
  1. a) In these rules and regulations, unless the context otherwise requires:
(i) The term “Act” means the Societies Registration Act (ii) The terms “TOA” and “Association” shall mean the “Tour Operators Association”
  1. b) The term “Tour Operator” shall mean and include any person(s) who has been connected with the tourism industry and fulfill the following requirements:
(i) In operation in tourism industry for a minimum period of one year prior to date of application for Membership with the Association (ii) Must be a tour operator registered under Central / State Government / Local Government bodies / Government Tourism Department. (iii) Should not have been convicted in any criminal case in India or abroad. Provided that a subsidiary or branch office of a Hotel shall not be considered as a Tour Operator. The Managing committee will have right to ask members to resubmit the active and Premium member eligibility criteria documents, to remain as an active member of the association, as and when decided by the Management committee or any change occurs.
  1. c) The term “Association Office Bearers or Association Management” shall mean the Executive Committee, Advisory Board, Woman Empowerment Committee and state chapters head.
  2. d) “Founder” means the founder of this association. Abdul Nazir MM will beknown as the founder of the association.
  3. e) The term “Representative” shall mean the authorized representative of a member COMPANY/Legal Entity to represent in the activities of the Association as per these Rules and Regulations.
  • f) The term “Chapter” means the branch of the Association as constituted under these rules and regulations of TOA. 7 Membership
  • (i) The membership of the Association shall be open exclusively to such concerns, companies and individuals who enjoy a good professional reputation and Goodwill in the travel Industry.
  • (ii) Membership in the association will not be personal but for    Company /  Organization.
  • (iii) Proprietors, Partners and Directors of tour operation companies eligible for membership in the name of their company / organization.
  • (iv) Only one member allowed to represent one company/operator.
  • (v) Membership has to be renewed every year.
  • (vi) At the time of application, the member must certify himself that he is not a defendant in a criminal case.
  • (vii) The company must have a common review link (eg: Google Review) that the company cannot control. Must have excellent review.
  • (x) The applications for membership shall be scrutinized and recommended by the Membership Committee to the Executive Committee for approval. The decision of the executive committee with respect to grant of membership shall be final and binding on applicant concerned.
  • (xi) Registered office of the Association shall maintain proper record/ one or more registers of all Active, Allied and Honorary Members containing information about them, as may be prescribed.
  • (xii) Every member shall notify the Secretary change in his address or any other particular entered in the above said registers within fifteen days of such change.
Categories of membership:  The membership of the society shall be composed of:
  1. Members
  2. Active members
  3. Premium members
  4. Allied Members
  5. Nominated Allied Members
  6. Overseas Members
  7. Honorary Members
  1. Members : Only Tour Operators as defined in these rules and regulations would be eligible to become Members. Members can use the logo of the association for branding. Members can participate in the events of the association. There will be no right to vote.
  2. Active Members: The Membership Committee finds active members in the activities of the Association and elevates them to Active Members with the approval of the Executive Committee. To become an active member, one must complete one year as a member of the association and be an active participant in the association’s activities. Active members will be eligible for the direct benefit of the Association, There will be no right to Vote and be eligible to run in election, but Active members will have the right to vote on other issues. The President may appoint active members to sub – committees.
  3. Premium Members: Premium members are members directly elected by the Executive Committee from among the active members and have the right to vote. Executive members will be selected from among the premium members.
  4. Allied Members: The Allied members shall have the right to participate in the activities of the association except the right to vote.
  5. Nominated Allied Members: The Nominated Allied Members will be represented on the Office bearers of the Association through -2- Members (from Hotels/Domestic Airlines/ domestic cruise liner/ Tourism departments / Railways) and they shall be nominated by the President. The Allied members shall have the right to participate in the activities of the association except the right to vote.
  6. Overseas Members: The Overseas members shall have the right to participate in the activities of the association except the right to vote.
  7. Associate Members: Representatives of organizations / associations that include TOA as an Associate Member. There will be no right to vote.
  8. Honorary Members: Executive Committee may invite persons who have distinguished themselves by their services to the tourism and travel industry in the National or International field to become Honorary Members of the association. There will be no right to vote.
  9. Administrative Fee: The administrative fee must be paid at the time of taking and renewing the membership.
Membership Category Administrative fee
a) Members Decided by the Executive Committee in the respective years
b) Active Members Double charge of members
c) Premium Members Double charge of members
d) Allied Members Double charge of members
e) Nominated Allied Members Nil
f) Overseas Members Double charge of members
g) Associate Members Nil
h) Honorary Members Nil
 
  1. Termination of membership
  2. a) Resignation: A member may resign, Once the president accepts his resignation, he becomes a non-member.
  3. b) Default in payment of arrears: You can become a member or renew your membership only by paying the administrative fee. Failure to do so will result in the member naturally leaving the association.
  1. Disciplinary Action : A Member of the Association may be expelled/ suspended by President on account of disciplinary action taken by the Association on following acts of a Member that shall be construed as ‘Misconduct”:
(i) In case of any action against the organization, the President can      take serious action including termination of membership without further notice against any member. (ii) Conviction of the Member by the Court for criminal and/ or economic offence (iii) Any act of the Member against the interests of the Association or Travel and Tourism industry (iv) Writing, posting, forwarding any post that defame, malign, damage the image of the Association/ its Managing Committee, on any social, print media including Facebook, twitter, LinkedIn, WhatsApp, Instagram etc (v) Writing any circular, article, comment through letter/ email/ circular to the Member/s of the Association, that contain derogatory and defamatory language about the Association, its Managing Committee (vi) Noncompliance of any of the directions of the Office Bearers (vii) Unruly behaviour or activity of the Member during any meeting/ conference/ conclave/ FAM / event/convention etc. of the Association resulting in disruption of the meeting/ conference/ event or bringing disrepute or damage to the name and cause of the Association (viii) A Member being declared Proclaimed Offender or Undischarged insolvent or bankrupt by court (ix) Any other act of the Member that may cause financial loss/ disrepute/ administrative difficulties in carrying out aims and objects of the Association (xi) Any act of the member disregarding/violating the terms and conditions/procedures/Rules and Regulations contained in Bye laws of the Association Dispute resolution measures:                 Disputes between members may be reported to the President by the concerned member. Issues that are difficult to resolve can be left to the discretion of the Advisory Board. Their decision on a matter left to the discretion of the Advisory Board shall be final.
  1. Executive Committee and Members
               According to government law, the executive must have only the minimum number of members required for the executive, All members of the executive must have positions. The Executive Committee is decided by the Executive Members themselves. Efforts should be made to form a consensus committee to avoid sectarianism. To contest for the post of Executive, Premium Members contestant must have completed one term as Premium Member. To contest for the post of President contestant must have completed one term as an office bearer in executive. The Founder or one of his representatives will be a permanent member of the Executive.
  1. President: The president shall be the Chief Executive of the Association. He shall preside over all the meetings of the Executive and office bearers. He shall attend and represent the Association at various forum, occasions, seminars, conferences, etc. individually or advisably with any of the office bearers. The president shall sign the deeds, mortgages, bonds, contracts or any other instruments. The President shall have individual financial Powers up to Rs.50000/-And subsequently update to the executive about details of expenses. The amount to be recouped from time to time with the approval of executive Committee. The President has the power to appoint all sub-committees and the Chairman of the SubCommittees shall report to the President. Represent the association at the International Tourism Marts/meets/fair or lead the association.
  2. Vice President: Perform his duties in the absence of the President, Duties assigned by the Executive or President from time to time, Representatives of the Association may participate in National / International Tourism Marts/Fairs
  3. Secretary: The Secretary shall be the Member Officer of the Association and shall supervise and control the day to day affairs of the Association.
The General Secretary shall be responsible to disseminate and timely circulate the notice of the executive meetings/ General Meetings and also responsible to timely circulate the minutes of the proceedings and also ensure smooth and effective functioning of the above said meetings. Preparing the Agenda of all meetings in consultations with the President. Producing an Annual Report on the activities of the Association which shall be considered by the committees and submitted to the Annual General Meetings. Maintaining a Membership Register of Members. Maintaining the attendance register of meetings. The General Secretary shall ensure that all books, documents, papers, records etc. are duly maintained and preserved under his care. The General Secretary shall be entrusted with the safe keeping of the common seal of the Association. General Secretary will have a financial power of Rs 25,000/- to meet any contingency expenses in consultation with the President by email and the same should be ratified by the executive there after. The amount to be recouped from time to time with the approval of Executive. Representatives of the Association may participate in National / International Tourism Marts/Fairs
  1. Treasurer: The Treasurer is, except as otherwise ordered by the Managing Committee, is empowered to receive or pay on behalf of the Association all income arising from (a) Admission fee as approved by the executive Committee (b) Budgeting & Providing revenue from the organized events (c) Donations etc. approved by the executive Committee (d) To sign cheques jointly with the President and Secretary of the Association.
The Treasurer shall have the charge and custody of all the funds of the Association and be responsible for all funds, investment of funds in fixed deposits/ securities/ receipts, and disbursements of the Association funds and shall deposit all funds of the Association in nationalized bank or any other bank/s as may be selected or approved by the Executive Committee. He shall receive, give and preserve proper receipts for payments made to the Association and all the money disbursed by the Association. He shall render full statement of the financial condition of the Association whenever requested to do so by the President or by the Executive Committee. He shall perform such other duties as are incidental to the office of the Treasurer or as may from time to time be assigned to him by the executive Committee. The Treasurer shall not delay the payment of money as decided by the Executive. The Treasurer shall perform such other duties as are incidental to the office of the Treasurer or as may from time to time be assigned to him by the President or Executive Committee as may be prescribed by law or by these Rules and Regulations or by the bye-laws, if any The Treasurer shall also to coordinate with the Chartered Accountant/Auditor regarding GST, Income Tax, TDS and other tax related matters and will be solely responsible and accountable for all time bound actions/ statutory compliances with respect to the Association. Treasurer has to present quarterly statement of Income and Expenditure to the Executive Committee. The Treasurer shall present an Annual Report and Audited Balance Sheet of the Association to the Committee (minimum 60 days prior to the prescribed date by the Government regulations), who shall consider Annual Report and submit it to the Annual General Meeting. All payments made on account of the Association shall be subject to the approval of the Executive Committee. Representatives of the Association may participate in National / International Tourism Marts/Fairs
  1. Joint Secretary: The Joint Secretary shall perform all duties of Secretary a) in his absence or b) inability of the Secretary to attend to/ perform his duties; at the request of the President. The Joint Secretary shall also perform such other duties as may be delegated to him from time to time by the President in the absence of the Secretary. The Joint Secretary shall be reporting to the Secretary and the Secretary may forward him the day to day queries from members for taking appropriate action in consultation with the Secretary. Representatives of the Association may participate in National / International Tourism Marts/Fairs
 
  1. Annual General Meeting and Powers and functions of the General Body : A meeting of members of the Society shall be called as general meeting. A General Meeting shall be held within twelve months, Place of the meeting of the Association shall be decided by the executive Committee. The Executive Committee may, whenever it may deem fit, call a General Meetings. The executive meeting should be called on the last day of every month and the association management meeting should be called on the first day of every month.
The Board of the society under a resolution shall within six months after the close of the corresponding year call the annual general meeting at the principal place of business of the society for the purpose of : a) Consideration of the audited statement of accounts b) Consideration of the audit report and annual report; c) Consideration of audit compliance report; d) Disposal of net profits; e) Approval for appointment of Auditors & fixation of remuneration; f) Review of operational deficit, if any; g) Creation of specific reserves and other funds; h) Approval of the annual budget; i) Review of actual utilisation of reserve and other funds; j) Creation of specific reserves and other funds; k) Approval of the long-term perspective plan and the annual operational plan; l) Review of annual report and accounts of subsidiary institution, if any; m) Expulsion of members; n) List of employees who are relatives of members of the board or of the chief Executive; o) Amendment of bye-laws, if any; p) Formulation of code of conduct for the members of the board and officers; q) Consider the statement showing details of loans or goods on credit if any given to any director or to the spouse of the director or his/her son or daughter during the preceding year or outstanding against any of them; r) Any other matter laid before it by the Board of Directors. 13.Amendment to Bye-laws The amendment to bye-laws shall only be passed by a resolution of the meeting of the general body in which a quorum is present by a vote of not less than two thirds of the Active members present there and not less than 15 clear days’ notice for considering of such amendment has been previously given.
  1. Special General Meeting: The Chief Executive, may at anytime, on the direction of the board, call a Special General Body Meeting of the Society and shall call such meeting within one month after the receipt of requisition from the Registrar or from 75% of the total number of members of the society to transact the business as stated in notice of the meeting.
  2. Notice for the General Meetings and Special General Meetings: a) Annual General Meeting of the society may be called by giving not less than 14 days notice in writing to all the members of the society. b) Special General Meeting of the society may be called by giving not less than 7 days notice in writing to all the members of the society; c) The notice of the Annual General Meeting shall be accompanied by a copy of each of the audited balance-sheet, profit and loss account together with the auditor’s report relating to the preceding year and the report of the Board of Directors thereon. d) The notice of general body meeting shall be sent to members by any of the following modes namely. i) By local delivery or ii) Under postal certificate. Besides, notice shall also be published in the local news papers having wide circulation. Notice of the general body meeting shall also be affixed on the notice board of the society and its branches, if any
16 (1) Quorum of the meeting The Quorum for the meeting s shall be 1/5 of the total board members 17. PROCEEDINGS AT GENERAL MEETINGS: The management of the association takes decisions and implements them from time to time.
  1. VOTE OF MEMBERS : Only premium members have the right to vote and be eligible to run in election, Active members will have the right to vote on other issues.
  2. Association MANAGING COMMITTEE : The management of the association consists mainly of the Executive Committee, the Advisory Board, the State Coordinator / State Chapter Chairman/State President, the Women’s Empowerment Committee and other committees appointed by the President. Only one position per person. Executive members and Advisory board members can add spouse to association trips.
The Certificate of Membership must be signed by the President, Secretary and Chairman of the Advisory Board. The Returning Officer shall be the Chairman of the Advisory Board at the time of the need for the Returning Officer in the election and the Returning Officer shall not have the right to vote. The Advisory Board may have a maximum of 7 members. Efforts should be made to ensure the presence of women. If someone resigns from the executive, a new person must be elected from the premium members within 15 days. In addition to the Executive Committee, the Chairman of the Advisory Board and the Chairperson of the Women’s Empowerment Committee should strive to provide opportunities in each International Tourism Mart/Business meet etc.. A member of the Association management Committee may, by notice in writing addressed to the President of the Association, resign from his office with effect from a date specified in the notice, subject to acceptance of the same. TOA expecting high ethical values from its members always stand with responsible tourism. All official program of TOA will be liquor-free, keeps high standards of professionalism.

  1. Financial Year

The financial year of the association shall from 1st April to 31st March of the following year.

  1. Auditors

The Board meeting shall appoint an Auditor in respect of a specifies accounting period and shall fix his remuneration. The said Auditor shall be a Chartered Accountant.

23. Dissolution

The Association shall not be dissolved without the concurrence of Kerala State Government. In the event of winding up all assets and liabilities shall be transferred to Apex body/ Government of Kerala.