MIXP - Mauritius Internet Exchange Point
About MIXP
RULES OF: MAURITIUS INTERNET EXCHANGE POINT
ARTICLE 1: DENOMINATION – DURATION – SEAL
1. The name of the Association shall be Mauritius Internet Exchange Point (MIXP) and is hereafter referred to as the “Association”. The Internet Exchange Point is initiated and coordinated by MIXP which is a non profit member-based association. The purpose of the Mauritius Internet Exchange Point is to provide settlement-free Internet Exchange Point for routing intra-ISP traffic in the Republic of Mauritius.
2. The duration shall be unlimited.
3. It shall have a seal bearing its name as MIXP.
ARTICLE 2: Registered Office
1. The registered office of the Association shall be at ACT, c/o AfriNIC, 3rd floor, Cyber Tower, Ebene, Reduit. The postal address of the association shall be MIXP Secretariat, c/o AfriNIC, 3rd floor, Cyber Tower, Ebene.
2. Any change of address shall be notified to the Registrar of Associations within fourteen days of such change.
ARTICLE 3: OBJECTS
The objects of the Association shall be to encourage free and open peering among its members and, thereby, contribute to the development of Internet infrastructure in Mauritius.
ARTICLE 4: MEMBERSHIP
1. Membership of the Association is open to:
(i) A licensed Internet Service Provider in Mauritius
(ii) any locally registered organization with an independent AS number.
2. The members shall on admission pay an entrance fee and a yearly subscription fee, the rates of which shall be determined by the Managing Committee.
3. The above rates may, however, be altered by a decision of the Managing Committee, which shall be ratified by a majority of members present at a General Meeting
4. Participants need to have their own independent connectivity to the Internet.
5. Participants should be willing and able to peer with other ISPs according to the technical guidelines defined by the management committee of MIXP.
6. Participants must provide their own data links and routers
7. Application for membership shall be made in writing and addressed to the Secretary.
8. The decision to accept or to reject any application for membership rests with the MIXP Managing Committee, which shall assign no reason for such decision.
9. The management of MIXP reserves the right to amend the policies of the exchange regarding membership and peering in order to satisfy legal, technological and social requirements. Any such amendment must have a majority voting at a special meeting convened for all its members.
ARTICLE 5: PEERING POLICIES
1. All participants to the exchange are considered equal. This means that there will be no traffic prioritization or filtering rules applied to specific participants. It also means that MIXP resources will be equally available to all participants.
2. MIXP is a layer-two Internet exchange over Ethernet. This means that participants exchange traffic via an Ethernet switch.
3. MIXP is a settlement-free interconnection point and will, therefore, not perform any accounting of transit traffic for the purpose of settlement between participants.
ARTICLE 6: LIABILITY
1. MIXP will not be held liable for any illegal activity carried out by a participant via the exchange point.
2. Participants must arrange their own insurance cover against loss or damage of their equipment collocated at the exchange
3. Participants are strictly not allowed to tamper with other participant’s equipment.
ARTICLE 7: MANAGING COMMITTEE
1. Each member of the exchange will appoint one representative to the committee of MIXP.
2. The Association shall be administered by a Managing Committee composed one representative from each MIXP member. The total number of representatives on the committee shall not exceed 10.
3. Should there be more than 10 members in the association, the 10 committee members shall be decided by a ballot carried out among the members during the Annual General Meeting.
4. Office bearers on the committee shall be decided among committee members and be subjected to the ratification by members at the Annual General Meeting.
5. The Committee shall be responsible for managing the infrastructure and setting up policies and guidelines regarding the exchange point.
6. Notice of candidature and every motion intended to be on the agenda shall be given in writing to the Secretary of the Association at least seven days before the date for which the meeting is scheduled.
7. Any delegate standing as a candidate shall refrain from any political activities and affiliation.
8. The postmark date of any acknowledgement of receipt of the candidature or motion by the Secretary shall be proof of such notification within the required time limit.
9. In case of equality of votes, the candidate concerned shall be designated by drawing of lots unless there is a voluntary withdrawal.
10. The elected or nominated members shall choose from among themselves a President, a Vice-President, a Secretary and a Treasurer who shall hold office until the next election due and shall be re-eligible.
11. The Managing Committee shall meet as and when required.
12. No fees will be paid by MIXP for participation in committee meetings and other management committee duties except for refund of reasonable expenses upon justification.
13. At least three (including the President or Vice President) among the five members present shall form a quorum for a meeting of the Managing Committee.
14. Whenever, despite several attempts, the Managing Committee is unable to meet for any reasons whatsoever or whenever the number of members of the Managing Committee falls below the required quorum for a meeting of the Managing Committee due to resignation, or otherwise, of members of the Managing Committee, the Secretary shall cause a special general meeting to be convened and held within one month of the last attempted meeting of the Managing Committee to consider the situation and to take action as appropriate, provided that if the Secretary fails to convene such meeting within ten days of the last attempted meeting of the Managing Committee, any member of the Managing Committee may do so.
15. Notice of any meeting of the Managing Committee shall be given in writing to members at least five days before the date fixed for the meeting.
16. Vacancies in the Managing Committee up to a maximum of three in any year shall be filled by members designated by the remaining members of the Managing Committee at a meeting.
17. Any vacancy in excess of three shall be filled by election at a special general meeting convened for the purpose.
18. Any Managing Committee member or the whole Managing Committee may be removed and replaced by a majority vote given at a special general meeting.
19. At a written request signed by three members of the Management Committee, the President shall cause a meeting to be convened within a fortnight from the date of the request, failing which the signatories may themselves convene the meeting in accordance with paragraph 11 above.
20. The absence of a member from three consecutive Managing Committee meetings without good and sufficient cause shall give the right to the Managing Committee to replace him by another one.
21. No person who is an undischarged bankrupt, or has, within the three preceding years, been convicted of any offence involving fraud or dishonesty shall be qualified to become an officer or having been so appointed or elected shall continue to act as such.
ARTICLE 8: MODE AND RIGHT OF VOTING
1. Voting at general meetings shall normally be by show of hands, provided that voting shall be by ballot if such a request is made by at least 10% of the number of members present at the meeting.
2. Each member shall be entitled to one vote provided he is not in arrears with his membership subscription for more than three months.
3. For the taking of a “special resolution” in accordance with Section 30 of the Registration of Associations Act, a member may vote by proxy through another member but no member shall vote as proxy for more than twenty members.
4. For any purpose other than the taking of a “special resolution”, no member shall vote by proxy through another member for more than nine members.
ARTICLE 9: GENERAL MEETINGS
1. The Annual General Meeting shall be held not later than three months after the accounting date. Each member (association and company) shall be represented by one delegate the name of which shall be notified to the Secretary 48 hours before the Annual General Meeting.
2. A special general meeting shall be called whenever -
(a) the Managing Committee so decides;
(b) there is a written request signed by not less than ten per cent of the number of members, in which case the Managing Committee shall cause the meeting to be convened and held within one month from the date of request.
3. If the Managing Committee fails to comply with paragraph 2(b) above, five signatories or ten per cent of the signatories, whichever is the lesser, may convene and hold the meeting as provided for in paragraph 6 below.
4. Subject to the provisions of the Registration of Associations Act, 50% of the number of members shall constitute a quorum for any general meeting.
5. In case there is no quorum –
(a) the Annual General Meeting or the special general meeting convened under paragraph 2(a) above shall be postponed for a fortnight and at that subsequent meeting the business of the day shall be proceeded with notwithstanding the number of members present.
(b) all other special general meetings shall be absolutely dissolved.
6. Notice of any general meeting with the agenda shall be given in writing by the Secretary to the members at least fourteen (14) before the date on which the meeting is scheduled.
ARTICLE 10: TERMINATION OF MEMBERSHIP
1. The Managing Committee may terminate the membership of any member in case of misconduct.
2. In every case the defaulting member shall be convened before the Managing Committee where he shall –
(a) have the right to be heard and to lay his defence;
(b) be entitled to call witnesses to depone in his favour;
(c) send his defence in writing if he so wishes;
provided that if a member is summoned to appear before the Managing Committee and fails to do so, the Managing Committee may take a decision in the matter.
3. Any decision taken by the Managing Committee shall be notified to the defaulting member by registered mail.
4. The defaulting member shall have the right to an appeal against any decision taken by the Managing Committee by sending his appeal to the Secretary by registered mail.
5. Any appeal under paragraph 4 above shall be sent to the Secretary not later than fifteen (15) days after the receipt of the notification of the decision of the Managing Committee by the member concerned and no appeal shall be considered after this time limit has expired.
6. On receiving an appeal under paragraph 5 above, the Managing Committee shall cause a special general meeting to be convened and held within one month of receipt of the notice of appeal failing which the charges leveled against the defaulting member shall automatically lapse.
7. The decision of the special general meeting concerning the appeal shall be final.
8. Any member who is in arrears with his membership subscription for more than three months without sufficient cause being shown within one month after receipt of a letter from the Secretary or the Treasurer shall have his name crossed out from the “Register of Members” by a decision of the Managing Committee.
9. A member who resigns or who is expelled forfeits all his rights to any property of the Association and to any contribution, monetary or otherwise, he may have made to the Association.
ARTICLE 11: POWERS OF THE COMMITTEE
1. The Managing Committee is empowered:
(a) to invest the funds of the Association in recognized securities;
(b) to lease or to take on lease or to let movable or immovable property; provided that the sanction of a general meeting shall first be sought for any transaction exceeding one thousand rupees per item in value or four thousand rupees in any one year (or for any amount that may subsequently be provided for in the relevant law);
(c) to accept donations and legacies from any source provided that such donations and legacies be free from any conditions detrimental to the objects of the Association.
2. The Managing Committee shall not be empowered to dispose, pledge, mortgage or charge any property worth more than three thousand rupees (or any amount that may subsequently be provided for in the relevant law) and belonging to the Association unless such transaction has been approved by “special resolution” in accordance with Section 30 of the Registration of Associations Act.
ARTICLE 12: DUTIES OF THE PRESIDENT
1. The President shall –
(a) preside over all meetings of the Association;
(b) at the Annual General Meeting, submit a report on the working of the Association for the preceding accounting period, together with a statement of accounts drawn up and signed by the Treasurer and certified by the Auditor.
2. In the absence of the President, the Vice-President shall preside over any meeting.
3. In the absence of both the President and the Vice-President, any committee member chosen from among and by the other committee members present at a meeting shall preside over the meeting.
4. In case of equality of votes, the presiding member shall have a casting vote.
5. The Vice-President shall exercise the same powers and rights, and assume the same responsibilities as those of the President, in the absence of the latter.
ARTICLE 13: DUTIES OF THE SECRETARY
1. The Secretary shall –
(a) convene all meetings of the Association.
(b) draw up the minutes of proceedings of meetings which shall after confirmation at the ensuing meetings be signed by him and the presiding member
(c) keep a Register of Members in which shall be recorded:
(i) the names and surnames of each member;
(ii) his address;
(iii) the date of admission;
(iv) such other particulars as the Managing Committee may require.
(d) have the custody of the records of the Association.
(e) In the absence of the President, the Vice-President shall preside over any meeting.
2. The Secretary of the Association shall, not later than three months after the accounting date in every year, forward to the Registrar of Associations a return containing –
(a) a certified copy of the statement of the Association required to be submitted to the Annual General Meeting under Section 22 of the Registration of Associations Act, together with a declaration specifying whether the statement has been approved by the meeting;
(b) a statement of the names and postal addresses of the officers of the Association;
(c) a return of the membership of the Association as on the 31st December of the preceding year; and
(d) where the Association has amended its rules during the accounting period, a copy of the rules of the Association as amended.
3. The Secretary shall, within fourteen days of any change among the officers or in the address of the office of the Association, give written notice of the change to the Registrar of Associations.
ARTICLE 14: DUTIES OF THE TREASURER
1. The Treasurer shall –
(a) have the custody of all the account books of the Association;
(b) receive all sums of money due or accruing to the Association and deliver receipts thereof;
(c) with the least possible delay, pay into one or more of the local banks, chosen by the Managing Committee, the money received by him;
(d) be allowed to keep in his possession a sum not exceeding one thousand rupees (Rs 1000), as petty cash;
(e) lay every month before the Managing Committee a statement showing the financial transactions of the Association for the previous month;
(f) keep a “Register of Members” as prescribed by law;
(g) submit at the monthly meeting, a list of members who have failed to pay their subscription;
(h) prepare the statement of accounts;
(i) effect all payments exceeding one hundred rupees by cheque;
(j) produce his books for examination whenever required by the President or by the Auditor;
(k) in conjunction with the President sign all cheques, deeds and other documents of the Association.
(l) keep a “Record of Revenue” in the form prescribed by law and a cash book showing its receipts and payments;
(m) once a year not later than one month after the accounting date prepare and submit to the Managing Committee a statement of the receipts and payments of the Association in respect of the accounting period and of the assets and liabilities of the Association existing on the accounting date;
(n) on his resignation or on vacation of his office or whenever required so to do by the rules of the Association or the Registration of Associations Act, render to the Association a true account of money received and paid by him since his appointment or since he last rendered an account, whichever occurs later.
3. In case of absence, the Treasurer shall be replaced by the Secretary who shall exercise the same powers and rights and assume the responsibilities as those of the Treasurer.
ARTICLE 15: APPOINTMENT AND DUTIES OF THE AUDITOR
1. Auditor shall be appointed at the Annual General Meeting, and shall need the approval of the Registrar of Associations, if he is not professionally qualified.
2. The Auditor shall hold office for two years concurrently with the Managing Committee.
3. The Auditor may be removed and replaced by a decision of a general meeting.
4. The Managing Committee shall upon written request by the Auditor submit the accounts of the Association for audit.
5. The Auditor shall –
(a) make a thorough examination of all the books and documents in the custody of the Treasurer at least once yearly and shall forthwith report to the President any error or omission detected in the course of the examination;
(b) verify and certify all statements of accounts prior to their being submitted to the Annual General Meeting;
(c) draw an inventory of all the belongings of the Association at least once yearly.
ARTICLE 16: SECURITY BOND
1. The President, the Vice President, the Secretary and the Treasurer shall each become bound with two sureties in the sum of one thousand rupees (Rs1000) jointly and severally for the true performance of their duties.
2. The security bonds shall be filed in the office of the Registrar of Associations without undue delay.
ARTICLE 17: KEEPING AND INSPECTION OF BOOKS
1. All books of the Association shall be kept in English or in French.
2. The books shall be open to inspection to any person having an interest in the funds of the Association.
3. All books and documents shall be kept at the seat of the Association.
ARTICLE 18: ACTIONS BY OR AGAINST THE ASSOCIATION
1. The Association shall act, sue and shall be sued, implead or be impleaded and shall do all other acts under its corporate name through its Secretary.
2. Whenever the Association shall be sued or be impleaded and whenever it shall be necessary to serve notices, summonses or any other legal process, judicial or extra-judicial, upon the Association, service upon the Secretary shall be good and sufficient upon the Association.
ARTICLE 19: AMENDMENTS, AMALGAMATION AND WINDING UP
1. No amendments of these rules shall be effected except by “special resolution” taken in accordance with Section 30 of the Registration of Associations Act and such amendments shall not be implemented until and unless registered by the Registrar of Associations.
2. The decision to dissolve the Association or to amalgamate it with another Association shall be taken by “special resolution” in conformity with law.
3. In the event of winding up of the Association, all its property, movable or immovable, its cash at bank and in hand, shall be disposed of in conformity with law.
4. In compliance with the Registration of Associations Act, the Association shall, on its formation designate a registered Association to which in the event of the Association being wound up, its remaining property shall be transferred.
5. Where the Association has taken a “special resolution” that it shall be wound up, the Secretary shall, within fourteen days after the resolution has been approved, give written notice of the resolution to the Registrar of Associations and lodge with him –
(a) a certified copy of the minutes of proceedings of the general meeting at which the “special resolution” to wind up the Association has been approved;
(b) a detailed statement of the assets and liabilities of the Association; and
(c) a declaration signed by him that Section 30 of the Registration of Associations Act has been complied with.
6. In the event of the Association being required to be wound up, all its property shall vest in the Registrar of Associations who shall proceed as laid down in Section 18 of the Registration of Associations Act.
ARTICLE 20: SIGNING OF CHEQUES, DEEDS AND OTHER DOCUMENTS
1. All cheques, deeds and other documents legally binding the Association shall be signed jointly by any 2 committee members.
2. In the absence or incapacity of the President or the Treasurer, these documents shall be signed by the Vice President or Secretary respectively.
ARTICLE 21: MISCELLANEOUS
1. The accounting date of the Association shall be 31st December and its accounting period shall be from 1st January to 31st December except for the first year, from the date of its registration to 31st December.
2. In these rules, words importing the masculine include feminine unless otherwise required by the context.
3. Any member who resigns or who is expelled shall have no claims to a refund of any contribution, monetary or otherwise, made by him to the Association in any way.
4. Any dispute between the Association and any of its member or any person’s claim by or through a member shall be settled by a special general meeting.
5. The handing over of
all books, documents cash in hand etc, shall be effected within two weeks
of the date of
appointment of the newly elected officers.