1. The Name of the society: SAVE LAHUL SPITTI
ROSHAN LAL THAKUR
Memorandum for Registration of
Society:
1. The Name of the society: SAVE LAHUL SPITTI
2. The Registered Office: Village Udaipur, Post Office Udaipur, Tehsil Lahul, District Lahul and Spitti.
3. Area of operation : District Lahul & Spitti ( Himachal Pradesh.)
4. The aims and objectives of the Society shall be as follows:-
i. To strive to protect environment ( physical, social, and cultural) of Lahul and Spitti from the devastating side effects of infrastructural projects being implemented by Govt , enhancing public participation in environmental protection, preserving and enriching bio diversity of the region, conservation of energy and develop alternate sources of energy.
ii. To promote awareness amongst residents of Lahul and Spitti on various laws governing Tribal Rights such as PESA, FRA, Land Acquisition Laws etc…
iii. To work towards construction of sustainable Agricultural economy by promoting , various Traditional, Agro and Forest based products, medicinal and aromatic plantations , adoption of appropriate modern technologies in agriculture,, progress industrial advancement, promoting animal husbandry, animal care , development of fisheries and cow protection
iv. To promote health awareness, prevention and cure of major diseases amongst the residents of Lahul and Spitti , strive towards creation of reliable and cheap medical care through a network of Primary Health Centres , and to generate awareness on national schemes on health, hygiene and sanitation on sustainable basis.
v. To promote comprehensive education amongst children with the objective of strengthening morality, value systems, discipline , skills development and technological advancements, Sports based on topographical advantages ( such as Skiing, Mountaineering, Marathons, athletics, Indoor games, cycling, etc.) etc implement various schemes relating to family welfare, nutritious food, primary education, health, entertainment,. for the intellectual, psychological and physical development of the children for building strong national character.
vi. To establish and manage various Welfare Centers for de-addiction, welfare of senior citizens, physically and mentally challenged residents
vii. To establish centers for research on projects relating to functioning of Panchayat, Social Welfare Schemes and Rural Development.
viii. To work for resource-less and poor people ,by active involvement in rural development through public participation and to co-ordinate with social activities.
ix. To strive towards empowerment of Women ,by making them self-reliant by organizing their Self-Help Groups(SHGs), train and promote them.
x. To work towards promotion of social harmony, develop leadership capacity of the society and to inculcate the sense of belongings amongst people of all groups and religion.
xi. To implement and co-ordinate various activities relating to welfare of people belonging to scheduled caste, Scheduled Tribes, Other Backward Classes and Minority groups and also engage itself in related research activities.
xii. To solicit ,receive and manage financial support from public, Grants from Governments, and National and International organizations for efficient management of above cited objectives.
5. The Management of the affairs of the NGO is entrusted by the regulations of the society to the Governing Body, whose names, addresses and occupations are specified below:-
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Note (not to be appeared only guideline) :- ( The number of Governing body members elected should at least 3 out of members of general body members).
6. We the several persons whose names and addresses are subscribed below are desirous o forming a society/NGO in pursuance of the aforesaid Memorandum of Association and have signed the memorandum in the presence of the witnessed as shown below:-
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Dated:-
Proceedings of the First General Body Meeting of Save Lahul Spitti NGO held on 28th June 2016 under the the presidentship of Sh………………… .
Today, the 28th day of June two thousand sixteen, a meeting of general body of the proposed society was convened in the presence of following persons at ………………………………with a view to register a society under the provisions of Himachal Pradesh Societies Registration Act, 2006 for performing charitable and welfare activities:-
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Note (not to be appeared only guideline):- (The number of general body members should be at least 7 belonging to different families).
For the purpose, the members of the proposed society present unanimously elected chairman for day ……………and thereafter the following resolutions were unanimously passed:-
Resolution No. 1.
The name of the society shall be Save Lahul Spitti
Resolution No. 2.
The area of operation of the society shall be Lahul and Spitti district and its surrounding areas as per the requirement in Distt. Lahul and Spitti HP.
Resolution No. 3
The Office/ Head Office of the society will be situated at Udaipur , Tehsil Lahul Distt Lahul and Spitti and its address will be the same.
Resolution No. 4.
The Management of the affairs of the Society will be entrusted by the Bye-laws/regulations of the Society to the Governing Body unanimously elected by the General body of the society today on…………………and whose names addresses and occupations are given.
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Note (not to be appeared only guideline):- (The number of Governing body members elected should at least 3 out of members of general body members)
Resolution No.5.
President Secretary and Treasurer are authorized to open and operate bank account of the proposed NGO.
ResolutionNo.6.
All the members of the proposed society resolved to register The NGO under the provisions of H.P. Societies Registration Act, 2006 for performing developmental, charitable and welfare activities. For the purpose, the draft Memorandum and Bye-laws been read over carefully and adopted by all the members. All the members shall abide by these memorandum and bye-laws of the society.
Resolution No.7.
It is unanimously resolved to submit the Memorandum along with bye-laws of the society to the Registration Act, 2006. The President Secretary and the Treasurer are, herby, documents of registration. The General Secretary of the society is also authorized to make any alteration/deletion/addition and sign all the relevant documents of registration. The General Secretary of the society is also authorized to submit all the documents of registration of the NGO to Registrar and received the same after registration from Registrar.
Certified that this is the true copy of proceedings passed by the general body meeting held on __________________and is in safe custody of the general secretary.
President Secretary Cashier
_______________________
MODEL CONSTITUTION /BYE-LAWS
1. The Name of the society :
2. The Registered Office :
3. Area of operation:
4. MEMBERSHIP:
(i)
Admission of the Member:-
No person shall be admitted to membership of the society except the following:-
(a) An individual competent to contract under section 11 of Indian Contract
Act, 1872 (9 of 187 2 ).
(b) Such class or classes of persons or associations of persons as may be specified by the society.
(c) A person who has subscribed to the membership of the society by paying a subscription of Rs. 600/- p.a.
(d) An individual can become a life member with the approval of governing body and subsequent ratification by general body after paying life membership fees of Rs. 2000/-.
(ii) Re-Admission of the Member:-
Any member either expelled or removed by the Governing Body can be readmitted provided that the member concerned pays all dues up to the Governing Body. The application for re-admission shall be submitted to the President of the Governing Body who may re-admit member and his decision shall be final subject to the approval of the Governing Body.
(iii) Register of Member:-
The NGO shall maintain at its registered office or operating office a register of its members and shall record therein within fifteen days the admission, removal, expulsion and cessation of its membership. The following particulars may be mentioned therein:-
(i) Name, address Age and Occupation of the member.
(ii) The date on which the member has been admitted.
(III) The specimen signature of the members.
(iv) The date on which the member has been removed expelled or ceased to be the member and date of readmission.
Any other particulars as required from time to time may also be included therein as decided by the Governing Body. Provided further that all conditions imposed by the H.P. Societies Registration Act, 2006 shall be complied with by the NGO.
The NGO shall also maintain a register showing names, address and occupations of the persons, who are members of the Governing body within fourteen days and shall file the same with the Registrar as per required section 15(3) of the H.P. Societies Registration Act,2006.
(iv) Rights and Duties of the Members:-
All and every member of the NGO shall:-
(a) Have one vote in every meeting of the General House.
(b) Be entitled to participate in the meetings, functions and gatherings at the NGO.
(c) Inspect the books of account containing minutes of proceedings of general meeting and the register of members of The NGO on any working day by giving reasonable notice but shall have no right to take extracts/notes of the same.
(d) Be bound by the rules and regulations bye-laws instructions direction and policy guideline which may be framed from time to time.
(e) Remain loyal to the NGO and its Governing Body and the General Body.
(f) Have right to take part in the election of the members of the Governing Body of the NGO.
5. CESSATION O FMEMBERSHIP:
A member ceases to be member of the NGO if he/she:-
(i) Dies or become unsound mind, or declared as bankrupt.
(ii) Is convicted by any court of law.
(iii) Willingly resigns from the membership.
(iv) Fails to attend three consecutive meetings of the general body of the NGO with our leave of absence.
If he/she does not pay annual subscription fee or fail to pay monthly installments of subscription fee as provided in clause 4 (c)of the bye-laws the governing body of the NGO with the approval of general body shall remove such member from its membership after affording him/her opportunity of being heard.
A member can be expelled from the membership of the NGO by the President on the advice of governing body subject to the subsequent approval of its genera body for carrying out activities prejudicial to the interest of the NGO or harm/defame the reputation of the NGO after affording him/her opportunity of being heard.
(d) A member who has not paid full subscription as prescribed shall have no right to vote in the governing body/general body of NGO till such subscriptions are paid in full.
6. THE LIABLITY OF MEMBERS TO FINE AND FORFEITURES UNDER CERTAIN CIRCUMSTAMCES:-
Any member of the registered NGO who steal purloin embezzle any money or other properties or willfully and maliciously destroy and maliciously destroy or injure any property of the NGO or forge any deed, bond, security for money receipts or otherwise, or other instrument, whereby the funds of the NGO may be exposed t loss or indulge in any unlawful, activity shall be subjected to the same prosecution as any other person who is not the Member of NGO and shall be punished under Indian Penal Code and also shall be liable to indemnity the NGO to the extent o floss sustained by it and other liabilities and persecutions as laid down under the provisions of Section 25 of the H.P Societies Registration Act, 2006.
Whenever any bye-laws duly made in accordance with the provisions of regulations made there under of the NGO any pecuniary penalty is imposed for the breach of any regulations or by-laws of the NGO, such penalty, when accrued may be recovered in any Court of law having proper jurisdiction which is situated where the Governing body thereof shall deem fit and expedient and a per provisions laid down under Section 26 of the H.P. Societies Registration Act, 2006.
7. MEETING OF THE NGO:-
(a) Governing Body Meeting
(i) The meetings of the governing body of the NGO shall be held at least once in three months. The NGO shall at least send 15 days notice for such meeting to its members along with agenda notes.
(ii) The meeting of the governing body can be called at any time by the President or general Secretary and on request signed by at least one-third members of the governing body.
(iii) The President however may call an emergency meting at any time in case of emergency situation in the interest of the NGO duly informing all members of the governing body.
(b) General Body Meeting
The meeting of the general body shall be held at least once in a financial year in accordance with the provisions of Himachal Pradesh Societies Registration Act 2006.
(c) Convening Special Meeting:-
(i) A special General meeting can be called at any time by the President or on a requisition containing the proposed agenda and reasons for such meeting in writing of one fifth of the members of NGO or at the instance of Registrar of the societies.
(ii) A special meeting of th General Body shall be convened by the Secretary of the Governing Body shall be convened by the Secretary of the Governing Body with the prior approval of the President and on the receipt of there question made by at least on –forth of the members of the NGO or whenever the President? Governing Body6 thinks it fit. The requisition should reach the Secretary at least 30 days before the date of the meeting and the Secretary after approval from the President/Governing Body shall include them in the Agenda of the meeting. The president/ Governing Body however may call a special meeting of General Body at as short of notice as deem necessary by him.
(d) Recording of proceeding of meeting:-
The proceeding of every meeting of the governing body and general body shall be duly recorded by the Secretary in a proceeding book under the signatures of President and Secretary of the NGO. The minutes of such meetings shall be communicated to all the Members within 30 days of the said meetings.
(e) Quorum and Notice of General body and Governing body Meetings
(i) The quorum for the governing body meeting shall be at least two third o fits members.
(ii) The quorum for the general body meeting shall be more than one half of its members.
(iii) The NGO shall at least send 15 days notice for such meetings to its member salong agenda notes. A meeting may be called by serving notice through regular mail, e-mail, fax, or any other mode of communication available.
8. ELECTION
(i) The General House shall elect the office bearers of the Governing Body in its Annual General Meeting once in every three years.
(ii) Provided that for the initial registration of the NGO and to adopt the memorandum of Association and the Rules and Regulations of the NGO the General House may elect that interim Governing Body to registration of the NGO may call to order the General House meeting under the notified Regulations to elect the office bearers of the Governing Body. The interim office bearers shall, for all purposes, be the duly elected office bearers of the NGO.
(iii) The General Body shall elect the following office bearers who shall constitute the Governing Body
a. Chairman one
b. President one
c. Vice President one
d. Secretary One
e. Joint Secretary One
f. Treasurer One
g. Spokes person One
h. Advisor Two
i. Executive Member Two
(iv) If the meeting of the General Body is not held to elect the office bearers, the Office Bearers. Earlier elected, shall continue till such time the election are duly held.
(v) Every member including founder member of the NGO shall have the one vote at the meeting to elect the office bearers except honorary nominated and associate members who have no right to vote.
(vi) Every member desiring to be elected as the office bearers shall make an application to the Secretary in writing and in the prescribed Performa. The candidature of the candidate shall be proposed by at least five founders life or ordinary members of the Ngo who have eligibility to caste vote in the General Body.
(vii) The Secretary shall scrutinize the application as per eligibility of the member and if the applicant found eligible the same will be notified as candidate for the post he/ she is contesting after consultation with the President.
(viii) The election will be held by simple majority and in case of equality of the votes the President shall have deciding vote.
(ix) The result of the election will be declared in the meeting by the President.
(x) The schedule of the election shall be notified by the Secretary with the approval of the President.
(xi) All applications for candidature of office bearers of the General Body shall be make within 10 days of the schedule of election notified by the Secretary and candidate may withdraw his candidature within 7 days after the scrutiny of names and its Notification by the Secretary.
(xii) The election to elect office bearers shall be thereafter held in the annual meeting of the NGO called every year.
(xiii) No member shall be allowed to vote who is in arrears of the NGO dues or who has been expelled suspended or removed from the membership of the NGO or debarred to caste vote elsewhere under these regulations.
(xiv) The election may be held either through secret ballot or by voice vote in the meeting of the Ngo.
(xv) The President of the Governing Body may appoint a Returning officer for the conduct of the election. On appointment such Returning Officer shall carry out the election process of election.
(xvi) The result of the election shall be announced by the returning officer so appointed by the President.
(xvii) All election documents shall be preserved for six months by the secretary. The office bearers of the Governing Body so elected shall also be the office bearers of the General Body.
(xviii) If an account of any ineligibility or proven misbehavior or misconduct ¾ members present in the annual general meeting on the NGO pass resolution for the removal of the President or the Secretary or office bearer shall stand removed from their respective office with immediate effect.
(xix) The decision of the President as to the procedure of the NGO the Annual General Meeting and the electing meeting shall be final unless contested by ¾ members present in that meeting.
(xx) All proceeding shall be duly recorded and signed by the President and Secretary.
9. THE MANNER O FMAKING ALTERNIGN AND RESCINDING REGULATIONS:
No, proposal for the amendment in the memorandum of Association or regulations there to shall be done if such provisions have not been approved by a majority of three-fifth Members present in the general meeting called specially for such purpose and in accordance of provisions laid down under Section-9 of the H.P. Societies Registration Act 2006.
10. MANGEMENT OF THE NGO:
(a) General Body
The general body of the NGOP shall consist of all type of members and the meeting of such body shall be held once in a year. The following business shall be transacted in the annual General Meeting of the NGO and decisions shall be taken by majority of votes:-
(i) To receive consider and adopt a the annual report of the Governing Body on the working and affairs of the Ngo in the preceding financial year and
(ii) To receive consider and adopt the annual Audited Account for the preceding financial year with the Audit Report thereon: and
(iii) To elect members of the Governing body and announce result and
(iv) To appoint auditors and fix their remuneration.
(v) To consider any business with permission of the President including consideration of Annual Budget. Constitution and appointment of standing sub-committees approval of any excess in expenditure over the sanctioned budget of the year, consideration of the schemes, polices and annual plan prepaid by the Governing Body for the ensuing year and amendments in the constitution of the BGO.
(b) Governing Body:-
(i) The NGO shall elect a governing body, consisting of at least three members, by resolution passed by a majority of the members present and entitled to vote at an annual general body meeting of the NGO held in accordance with its bye-laws and provisions of Himachal Pradesh Societies Registration Act 2006.
(ii) The general body of the NGO may increase the number of governing body members as specified in sub-clause-(ii) of clause (8).
(iii) The term of the governing body or its members so elected shall be three years.
(iv) The constitution of the governing body shall be as under:-
(1) President
(2) Vice-President
(3) Secretary
(4) Joint Secretary
(5) Advisor
(6) Treasure
(7) Executive Members
(v) The management of the affairs of the NGO shall be vested with the governing body of the NGO and shall exercise such powers and perform such functions as may imposed or conferred by these bye-laws or the Himachal Pradesh Societies Registration Act 2006.
11 DISQUALIFICATIONS FOR GOVERNING BODY
A person shall be disqualified for being a member of the governing body on the date of elections it he/she:-
(a) Is disqualified for such appointment by an order of a Court or Registrar for causing loss to the NGO or retaining property or for any other reasons detrimental t the interest of NGO or
(b) Is in arrears of prescribed subscription fee and a period of 45 days is over after delivering notice to such members to such effect.
(c) Has been after delivering notice to such members to such effect.
(d) Has been convicted of a cognizable offence and sentenced to a team exceeding three months or
(e) Ha incurred any of the disqualification’s as may be prescribed by the bye laws and the Act and Rules made there under.
12 POWER AND FUNCTIONS OF THE GOVERNING BODY
i. To admit new members and to remove or expel existing members subject to approval of general body.
ii. To raise funds as per provisions of its bye-laws and Himachal Pradesh Societies Registration Act 2006.
iii. To invest funds for furtherance of the objectives of the NGO.
iv. To appoint salaried or not-salaried officers for the conduct of working of the NGO in accordance with the rules framed by NGO for the purpose and to define their duties.
v. To institute, defend or compromise legal proceedings etc. subject to approval of general body.
vi. To dispose off applications of membership.
vii. To maintain true accounts of money received and expended and accounts of the assets and liabilities.
viii.
To prepare for submissions to
the annual general meeting:-
Balance sheet
· Details of movable and immovable property acquired by the NGO
· Details of money received and source thereof and money expended and the object or purposes for which sums/money are expended.
· Prepare annual budget and annual report of the NGO for approval.
· Amendment of bye-laws if any and annual work program for approval
ix. To prepare statements of accounts required at audit and place them before the auditor.
x. To prepare and submit all statements and returns required by Registrar in such form as required.
xi. To maintain register of members up to date.
xii. To facilitate inspection books and audit of accounts of the NGO by those entitled to inspect/audit them.
xiii. To convene annual general meeting in due times.
xiv. To examine and take prompt action in cases o fall arrears and defaults of the NGO.
xv. In general to carry out the management of the NGO in accordance with its byelaws.
13. OFFICERS OF THE NGO:- (1)
Chairman :-
The chair will preside over the body and shall have the power to retire himself at own will at any point of time and in case of demise of present chairman the elected body will select the chairman among the office bearers as per their mutual consent.
PRESIDENT
a) To preside over the periodical/ quarterly meeting of the governing body/genera body of NGO and to exercise general supervision over the activities of the NGO and to regulate the proceedings of the meeting to set-out the aims and objects of the Ngo and shall also permit for discussion, if necessary any other subject its moved before him by the Members.
b) He shall be treated as the ‘Head of NGO’ and shall decide any matter by casting his decisive vote in case tie. The president shall convene Meeting of the NGO in the event of resignation, insolvency or insanity of any Officer/Bearer/Member within the period of a week of all or 2/3rd Members of the NGO along with all other Executives of the NGO shall also be invited for the Meeting .
c) He shall give necessary directions and instructions to the General Secretary and treasurer for the proper and a smooth working management, supervision and administration of the NGO.
d) He may authorize for the expenditure up to 5000/- ( say five thousand only)]
e) Thousand only for social benefit/activities and the expenditure so uncured should be got approved by the NGO at its next meeting and the receipt of such expenditure must be present in the meeting for the record of NGO.
f) He shall copies of all official records and documents related to the members of the NGO and the copies of all other important records and documents of the NGO.
g) If, in the opinion of the President, any emergency has arisen which require immediate action , he can take such action as he deems fit and necessary and inform the same to the members of the Governing Body and get it ratified in the next meeting in due course.
The Functions, Powers and Duties of the President:-
The function, powers and duties of the President are as follow:-
i. The President of the NGO shall be the President of the President of the Governing Body, who shall act as the Chief executive Officer of the NGO and will be assisted by a Governing Body and such staff appointed for the purpose to discharge his administrative and financial function.
ii. Subject to the regulation and the general control and supervision of the General Body and the Governing Body, the entire executive, administrative and financial authority to manage the affairs of the NGO shall vest in the President.
iii. To preside over all the meeting of the General Body and the Governing Body and of all other committees and sub-committees of which she/he is a member, to take votes, to declare the result of voting, to determine the order in which the several proposal should be laid before General Body/Governing Body and generally to supervise the conduct of business.
iv. To countersign cheques issued by the Secretary/Treasurer or other authorized officers of the NGO.
v. To control, supervise, advice and direct all establishment belonging to the BGO and Departments under the control of the NGO.
vi. To carry out day-to-day administration and all affairs of the NGO.
vii. To grant such scholarship awards, honours and commendation as she/he is empowered by the NGO to do so by the condition of the award.
viii. To suspend or to fine, take suitable action against any member of the ministerial or officer staff of the NGO a prescribed from time to time, being appointing authority of the NGO.
ix. To perform such other functions/duties as may, from time to time, be entrusted to him by the NGO/governing Body.
x. The President may, sanction all expenditure within the budget or as per delegation by the Governing Body in consultation with the Secretary and in anticipation of the approval of the Governing Body, incur/sanction all or any such expenditure in case of urgency or otherwise not covered by the sanctioned budget.
xi. In case of office bearers leaving the station or otherwise being unable to attend to attend to her/his work. The President will make necessary arrangements for the performance of her/his duties, till the return of the office-bearer or till the next meeting of the Governing Body.
xii. In addition to powers mentioned above, the Governing Body may by rules guidelines instructions etc. delegate additional powers to the President who may make such further delegation if considered necessary to any office bearer/Head of the department or any officer as deem necessary be her/him.
xiii. The decision of the President on any question relating to the conduct of business at any meeting shall be final unless it is dissented from by ¾ th of the members present at the meeting. But votes shall not be taken on any such question by the President unless a prior requisition is made in writing by at least fine members present for such voting.
(2) VICE- PRESIDENT:-
In the absence of president, the vice-president shall use all the powers of president and perform all such duties assigned to him by the president or governing body from time to time.
(3) SECRETARY:
I. The Secretary shall be overall In-charge of entire administrative records of the Ngo and carry out the all correspondence of the NGO.
II. He shall administer the affairs a of the NGO in consultation with the President.
III. He shall convene and arrange the all-periodical and other meetings of the NGO in consultation with the President.
IV. He shall prepare and present the Annual Report together with audited statements of the Accounts of the NGO before the General Body meeting of the NGO.
V. He shall maintain a register containing the names and addressed of the all Members of the NGO, issue notice of the meeting in consultation with the President and record the minutes of the meeting. He will be responsible for assigning the work of all activities of the NGO and shall conduct correspondence on behalf of the NGO.
VI. He has authority to incur expenditure not exceeding Rs. 5000-/ (Say five thousand only).
VII. Rupees Two Thousand only in accordance with the regulation of the NGO such expenditure should be reported in the next meeting of the NGO for its approval.
VIII. To submit a report pertaining to the working of NGO for the preceding year at the annual General Meeting and execute contracts on behalf of the NGO a and NGO as and when authorized to do so by the Governing body.
IX. To keep and maintain all records (excluding cash transactions and accounts) and perform all correspondence on behalf of the NGO.
(8) TREASURE:-
The treasure shall be over all In-charge of the cash transaction and accounts of the NGO.
(i) He shall be responsible for the proper maintenance of the Account of the NGO i.e., prepare and finalize the annual Statements of accounts at the end of every financial year and submit it in the annual general body meeting of the NGO an duly audited (along with the Auditor’s report and comments thereof if any).
(ii) To keep and update the accounts of the NGO on regular basis pertaining all transactions of money received and paid; and he shall be responsible for the proper maintenance of the accounts of the NGO and for this purpose he shall record all the receipts/ payments of income and expenditure regular in the cash book and shall placed it before the governing body of the NGO in its next meeting.
(iii) Shall deal with the Bank(s) and all financial institutions according to the directions of the governing body of the NGO.
(iv) Shall be responsible for making all collections, receipts of cash/ cheque/ electronic money transfer from members of NGO as subscription/ registration fees. Fines, penalties and payments and receipts of any other financial and non-financial assistance from the Center or State Government/NGO/ National or International Agencies/Bank/ Company and any other legal entity or individual an issue receipts thereof on behalf of the NGO.
(v) The Treasurer may keep cash in hand as prescribed by the governing body of the NGO and deposit the remaining or surplus amount in the bank.
14. THE APPOINTMENT AND REMOVAL OF STAFF OF THE NGO
All persons who are paid out of funds of the NGO, regular or part time/contractual/target based or any other salaried persons shall be the employees of the NGO or Governing Body or the President from time to time shall govern them. The Governing Body may appoint such administrative technical ministerial or any kind of staff as is required to run the office or offices or other establishments run under or by the NGO and to fix such term and conditions of service including pay allowances benefits etc as is determined either by regulations, instructions, guidelines or other appropriate way as well the classification, control conduct and appeal mechanism of the employees from time to time. Provided that the normal age of superannuation of the staff is fifty eight years but President, in the interest of the NGO, and with the approval of General Body may grant extension in service to deserving employees, from time to time as considered necessary and appropriate by her/him. No extension shall be granted to any employee beyond the age of 60 years. Provided further that the President may delegate his/her al or specific powers to such officers of the NGO for the control of the administration of the staff, as deems fit. The competence for removal of staff and officers shall vest in the governing body after affording adequate opportunity of being heard on the following grounds if he/she is found guilty:-
(i) For misconduct, violation of the Rules and Regulations and misappropriation/ embezzlement of funds/properties of the NGO.
(ii) On conviction for a cognizable offence and sentenced to a term exceeding 3 months.
(iii) For in discipline and breach of trust etc.
Further the NGO shall provide in service rules and regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. The NGO shall also constitute a committee for redressal of complaints regarding sexual harassment of women at workplace as per guidelines and norms issued by the Hon’ble Supreme court in the case titled Vashakha and other v/s State of Rajasthan and others (JT 1997(7) SC 384 and also strictly adhered to the provisions of Sexual Harassment of Women at Workshop Act 2013.
15. FUNDS
The President/Governing Body shall have full power of supervision and control over the receipts and expenditures and entire funds of the NGO shall be used solely and only for the purpose of the aims and objects of the NGO.
16 PROPERTIES
The property moveable or immovable, belonging to the NGO shall be deemed to be vested in the general body by their proper title. No immovable property shall be acquired or transferred by way of sale, gift or therwise without the previous approval of general house and such information shall be passed on and got recorded with the Registrar within a period of 15 days.
17 BANKING OPERATIONS
The NGO shall open its account in a Nationalized/Cooperative Bank and such account shall be operated under the joint signatures of President and any one out of the Secretary or the Treasurer.
18 BOOKS OF ACCOUNTS
(1) The NGO shall keep its head office proper books of accounts in which following shall be entered accurately:-
(a) All sum of money received and the source thereof , and all sums of money expended by the NGO and the objects or purposes for which such sums are expended;
(b) The assets and liability of the NGO and
(c) Details of immoveable property acquired by the BGO
(2) The books so maintained shall be open to inspection by the office-bearers or members of the NGO or the Registrar or the person authorized by him in his behalf during the office hours.
19 ACCOUNTAND AUDIT
(a) The financial year of the NGO shall start from 1st day of April to 31st day of March of the following year.
(b) An auditor appointed by the President/Governing Body shall audit the accounts of the NGO and subordinate offices at least once in a year.
(c) Charted Accountant appointed by the President and approved by General Body meeting will do auditing of accounts. The report shall be submitted to the Registrar Cooperative Societies within a period of 15 days of the audit.
20. The 3/5 members of the NGO may by a special resolution determine that it shall be dissolved of and thereupon with prior intimation to the Registrar it shall be dissolve at the time specified in the resolution. The disposal and settlement of the property claims and its liabilities shall be made in accordance with the provisions of section 44 of the H.P. Societies Registration Act 2006.
21. NO DISTRIBUTION OF PROFIT/SURRLUS UPON DISSOLUTION
If upon the dissolution of NGO there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same not be paid to or distributed among, the members of the NGO or any of them, but shall be given to some other NGO to be determined by the votes of not less than 3/5 of the members present personally at the time of dissolution or in default, thereof, by the court specified in section 44 of the H.P. Societies Registration Act 2006.
22 DETERMINATIONS AFTER DISSOLUTION
The NGO dissolved under section-44 any property what so ever remaining after satisfaction of all its debts and liabilities shall be given to government to be utilized in the event of cancellation of the registration of NGO for the purposes referred in section 1 (3) of the H.P. Societies Registration Act 2006 All the moveable and immovable assets of NGO or its institutions or centers shall vest in the State Govt. to the extent of assistance, grant, aid or donation may have received from central or State Govt. or any statutory body.
23. LEGAL PROCEEDING
The NGO may sue or be sued in the name of the President or the Secretary as the case may be and determined and appointed by the governing body.
24 DISPUTES
Any dispute of the Ngo shall be dealt in accordance with the provisions of H.P. Societies Registration Act. 2006.
25 MATTERS TO BE PROVIDED BY LAWS
The by-laws of the NGO may provided for the regulations as envisaged in section 8 of the H.P. Societies Registration Act 2006 and NGO shall deliver a copy of its by-laws to each member of the NGO at the time of admission as per provisions laid down in section 17 of the H.P. Societies Registration Act 2006 . All the members shall have to abide by the provisions of the bye-laws.
26 SURPLUSES/ PROFIT
The NGO shall not distribute surplus / profit if any among members. The same shall be utilized for the furtherance of the aims and objectives of the NGO.
27 APPLICATION OF ACT:-
All the provisions of the Himachal Pradesh Societies Registration Act, 2006 shall be applicable to NGO.
Certified to be true copy of original which is in safe custody of the General Secretary of the NGO.
(President ) (Secretary) (Treasurer)
AFFIDAVIT
I, …………………………………………………………………………………do hereby solemnly affirm and declare on oath as under:-
1. That the deponent is the President of “ “ and competent to swear this affidavit.
2. That all the members of the NGO are above 18 years of age and all the members are from different families.
3. That all the members of the NGO are permanent residents of Distt. Kullu.H.P.
4. That the sad NGO is not previously registered anywhere.
5. That the said NGO will work for the welfare of the area under the provisions of Society registration Act and will not work for personal gain and profit.
Deponent
Verification:-
I, the above named deponent do hereby verify that all that content of the affidavit are true and correct to the best of my knowledge and belief nothing has been concealed therefrom.
Verified at kullu on_______________________day of _________________2016.
Deponent
Roshan Thakur
Past is Experience...!
Present is Experiments...!
Future is Expectations...!
Use your Experience in your Experiments to acheive your Expectations...!!!
ROSHAN LAL THAKUR
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ROSHAN LAL THAKUR
Save Lahaul Spiti ......No. / 18 /Lahaul / DA / 2016 ...... Himachal Pradesh Societies Registration Act , 2006 (No. 25 of 2006 ). Date of Registration. 8 August 2016
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