Statute


"Don't destroy unless you can preserve"

 

The Statute of the Social Educational and Environmental Development Foundation Kaski, Nepal 2060 (2003)

 

Preamble

 A human being is a conscious social being. A community is built through the union of human beings. For the protection and welfare of the community, each person gives possible contribution to economic, social and educational development of the ‘back-ward’ and deprived families in his/her society and has to translate into reality the proverb viz." Service is Religion". Each person will be active in his/ her place to build civilized and prosperous society and uplift living standards of the deprived class of society by being united against various forms of disharmony such as discrimination between one human being and another, various social evils such as superstition, gambling, addiction to narcotic drugs, prostitution, etc. existing in the society. As the children of the society are the pillars of the future to build up the civilized and prosperous society, it is required to fight in an organized manner against such social evils as exploitation of child labour, juvenile sexual delinquency and child trafficking, etc. By paying special attention to proper education, subsistence, maintenance and medical treatment of such children to build up a brighter future for children of illiterate and deprived families, in particular. That is why it is required to pay special attention, not only in principal but also in practice, to such matters as to providing academic materials, improving physical conditions of schools necessary to provide education to the children by discouraging the activities against them, constructing necessary health posts for their medical treatment, making available drugs and providing medical expenses as and when necessary.

            It is our utmost duty to provide possible humanitarian, economic and technical support to the deprived rural people or families suffering from natural disaster and various diseases, by preserving and promoting places of strategic importance, conducing various programmes pertaining to environmental protection and raising public awareness through environmental education to every member of the society specially to the rural farmers at this critical time when various natural disasters and terrible diseases are increasing since environmental imbalance is increasing owing to the disordered human activities. 

            As the need of non-profit motive and service oriented body corporate is realized to assist as far as possible in controlling the increasing environmental pollution, to give contribution for construction of civilized and prosperous society by combating against the social evils and disharmony,. to set up schools and health post, to make necessary improvement in the existing physical structures and to provide materials necessary for the right to proper education and health of various children (specially of the rural deprived families) , this statute, 2060(2003) has hereby been formulated to incorporate, form, conduct and manage this Social, Educational and Environmental Development Foundation, Nepal.

 

Chapter 1

 

1. Preliminary (short title and commencement)

This statute may be cited as the "Social, Educational and Environmental Development Foundation, Kaski, Nepal”. It may be also cited as the "Social, Educational and Environmental Development Foundation, Kaski, Nepal” in English and as "SEED Foundation, Kaski, Nepal”, in short.

This statute shall come into force after being approved by the Local Authority.

2. Definition (In this statute, unless the context or rule otherwise requires)

  • "Organization" refers to everything that comes under the SEED Foundation, Nepal, according to this statement.
  • "Executive body" refers to the elected workstation according to articles and sub-articles of this Founding Statement.
  • "Executive members" refers to the chairman, vice-chairman, secretary, treasurer, and working members.
  • "Specific members" refers to those who have been members and are currently members.

3. Seal and logo of the association

The organization will have one logo, as shown in the appendix.

The Executive Committee will decide upon one different stamp to be used for daily work. This stamp will be both in English and Nepali.

4. Main office of the association

The organization's head office will be located at Lekhnath Municipality, Ward No. 11, Pachbhiaya, Kaski.  If needed, the organization may change offices and open sub-offices.

5. Jurisdiction of the association

At present, the jurisdiction of the organization is Kaski District. If necessary in the future, this organization may extend its scope to other areas with the permission of related government organizations.

 

Chapter 2

 

6. Objectives of the association

To remain always effortful to conduct necessary scholarship programmemes by raising public awareness to inspire children of the helpless, blind, disabled and deprived families to the special education and formal education and health and to conduct various programmemes for rehabilitation by raising public awareness against such evil things as exploitation of child labour, juvenile sexual delinquency, high infant mortality rate and child marriage and by providing possible economic and humanitarian services to their medical treatment.

To remain always effortful to bring about necessary humanitarian, physical and financial assistance to rescue persons or families suffering from natural and humanitarian disaster.

To give possible support to physical and economical development necessary for the establishment and protection of community institutions (e.g. schools, health posts etc) and various natural community and public properties (e.g. forests, water tapes, roads, tracks, ponds, and lakes) situated in this area.

Our programmes will create public awareness on the effects of pollution of the environment and environmental preservation. We will encourage and provide financial and technical support for the installation of biogas and toilets for underprivileged families.

To remain always effortful to make the deprived families of this area self-reliant by conducting income based programmes such as horticulture development, bird and animal husbandry, business, etc. for the up liftment of their economic living standards and to bring about financial and technical assistance necessary for the empowerment of women.

To gradually raise public awareness to combat against social evils like discrimination between castes, harmful superstitions, gambling, drug addiction or prostitution.

 

Chapter 3

 

7. Capability and minimum requirements for membership

One must be over 21 years of age and law-abiding to be a member.

Members must be mentally stable and have no previous criminal record.

Types of Membership:

  • Founding Member - one who is a member at the time this foundation is established.
  • Organization Member- another organization with the same objectives as ours may join as an Organization Member.
  • Honorary Member - the Executive Committee can grant Honorary Membership to an individual that has been an outstanding help to the society.
  • Lifetime Member - If an individual or organization donates Rs. 25,000, they can be granted Lifetime Membership.
  • Foreigners can attain membership after an application process as Honorary and Lifetime Members, but may not run for an office.

8. Cost of membership

The cost of simple membership is Rs. 500 per year.

Yearly membership cost charges should be paid before the end of Ashad.

Membership dues may increase or decrease if necessary, as decided by the Executive Committee.

9. Termination and conclusion of membership

One can resign from office by his own will.

One can loose the membership if he does not meet the minimum requirements listed in No.7, Section 3.

Membership is lost upon the death of the member.

If a member fails to attend 3 consecutive meetings without notice, the Executive Committee can cancel the membership.

If a member fails to pay dues on time, as referred to in No. 8b, Section 3, the membership is automatically terminated. To rejoin the organization, the person may join as a new member by going through the application process.

If a member performs an action that is against the organization, breaks the law, or gets imprisoned, the membership will be cancelled or suspended, but he will be given a chance to explain his actions.

 

Chapter 4

10. Formation of General Assembly

The General Assembly is the supreme body of the organization; therefore all types of members can participate.

11. Conference of the General Assembly

The conference of the General Assembly is compulsory at least once a year.

Notice of the annual General Assembly will be given 7 days prior to the meeting. The notice will include venue, date, time, and the topics to be discussed.

If the Executive Committee feels it necessary, it can call a Special General Assembly at any time.

If 1/3 of all members submit a petition, which includes reasons to call a special assembly, to the Chairman, he must call as Special General Assembly within 21 days of the petition's submission.

The Special General Assembly must focus only on the topics stated in the petition, unless given permission by the Chairman.

At least 51% of all members must be present at the General Assembly for it to be valid. If less than 51% are present, then a second General Assembly must be called. The total number present at both assemblies will be regarded as the majority.

12. Work, duty and rights of the General Assembly are as follows

  • to submit an annual report and to discuss last year's expenses,
  • to elect the Executive Committee in a democratic way,
  • to determine rules and regulations, and to amend this constitution,
  • to guide and show direction to the Executive Committee,
  • to schedule events for the upcoming year,
  • to pass the yearly estimated budget of income and expenditure for the foundation,
  • to select an auditor and to check for unverified expenses and correct them,
  • If a member is incapable, 2/3 of the General Assembly can vote to impeach him and he will be expelled from the organization.
  • to decide on new programmes presented by members or the Executive Committee, by majority vote,
  • If 33% of the members feel that the Executive Committee is not fulfilling its duties, they can call a General Assembly, where the Executive Committee can be dissolved if 2/3 of the General Assembly decides to do so.
  • to work for the good of the organization, based on this constitution.

13. Procedure for forming the Executive Committee

There will be at least 7 Executive Committee members to perform routine daily duties.

The General Assembly will elect the Executive Committee unanimously if there is only one candidate running for a position, or anonymously if there are several candidates running for a position.

The Executive Committee will be as follows:

  • Chairman- 1
  • Vice chairman- 1
  • Secretary- 1
  • Joint secretary- 1
  • Treasurer- 1
  • Members- 2

There will be at least one female member in the Executive Committee.The tenure of the Executive Committee will be 3 years. The Executive Committee has the power to form an Advisory Committee for the good of the organization.

The membership of an Executive Committee member will conclude under the following conditions:

  • If a written resignation is submitted.
  • If the General Assembly passes a vote of "No Confidence".
  • If a member is absent from 3 consecutive general meetings without giving a satisfactory reason.
  • If membership in organization becomes invalid.

14. Meeting of the Executive Committee:

  • Meeting of the Executive Committee shall be held as per necessity at such venue, date and time as notified by the secretary in consultations with the Chairperson.
  • Meeting of the Executive Committee shall be required to be held at least 6 times in each fiscal year.
  • Presence of more that 51% shall be deemed to constitute a quorum for the Executive Committee. The meeting may be held at any time as per necessity by constituting the quorum.
  • Regular meetings of the Executive Committee shall be held as per the decision of the Executive Committee.

15. Functions, duties and powers of the Executive Committee

Functions, duties and powers of the Executive Committee shall be as follows:

  • To cause to implant the principles of the association as per the preamble and objectives of the statute, and to implement policy, direction and decision of the General Assembly.
  • To evaluate the activities carried out as per the decision of a previous meeting and to keep on approving expenditures in the regular meeting.
  • To make appointment of the election officer.
  • To nominate a member out of the members of the association pending the holding the General Assembly if the post of any member of the Executive Committee falls vacant.
  • To carry out activities for the accomplishment of the objectives of the association, by keeping contact with governmental, non-governmental organizations and other donor agencies.
  • To interpret the statute as per necessity, prepare proposal and submit it to the General Assembly for making amendment to the statute.
  • To form various sub-committees and make appointment of advisors.
  • To fix rent and remuneration for office rent, appointment of employees, programmemes and performance of functions. To make arrangement for providing commendation letter for special contribution made to the association by any person.
  • To hold discussion and take decision on such matters as market price and consumption of machines, tools, books and manuals etc. required for the association and to purchase, and cause to be purchased them.
  • To formulate annual and long-term programmes and submit them to the General Assembly and have approved the activities already carried out.

It may delegate its powers and duties, in full or in part, to any employee or branch of the association as per necessity.

 

Chapter 5

 

16. Functions, duties and powers of the chairperson

  • To bear responsibility of active leader as the chief of the association.
  • To convene the meetings of the Executive Committee and General Assembly and to give necessary directions for the activities of the association.
  • To implement, and cause to be implemented, the decisions taken by the General Assembly and the Executive Committee.
  • To preside over the meeting of the General Assembly and the Executive Committee and to exercise the casting vote in the cast of tie while voting in the meeting and assembly.
  • To operate, and cause to be operated, bank accounts and financial transactions of the association.
  • To accept resignation of a member of the Executive Committee and an ordinary member.
  • To cause to be allocated words among the office bearers, members and employees.
  • To carry out other necessary acts for the welfare of the association. 

17. Functions, duties and powers of vice chairperson

  • To give support in the works of the chairperson and to carry out the activities as delegated by him/her in writing.
  • In the absence of the chairperson, to exercise and observe all of his/her functions, duties and powers.
  • To appraise the work progress of the association and inform the chairperson thereof.

18. Functions, duties and powers of the secretary

  • To maintain records of decisions taken by the executive committee and to implement, and cause to be implemented them accordingly.
  • To take responsibility of conduction daily business of the association and to supervise, control and cause to be supervised and controlled, personnel administration.
  • To exchange, and cause to be exchanged, information by maintaining coordination between various branch offices.
  • To convene meeting of the committee in consultation with the chairperson and to carry out, and cause to be carried out, such works as assigned by the chairperson.
  • To carry out, and cause to be carried out, other activities as provided for in the statute and regulation and to carry out, and cause to be carried out , all other activities for the welfare of the association, pursuant to the directions given by the Executive Committee or in consultation with the chairperson.
  • To directly receive justification of actions relating to discipline and conduct taken against any ordinary member and office bearer and to suspend such member and office bearer, considering the situation for some time, as per the decision of the Executive Committee.
  • To make appointment of any employee and remove him/her by obtaining approval of the Executive Committee.

19. Functions, duties and powers of the treasurer

  • To present the statement of incomes and expenditures to the annual General Assembly and the meeting of the Executive Committee.
  • To collect funds of the association, maintain accounts of incomes and expenditures, have them audited and supervise the financial accounts and books.
  • To formulate, and cause to be formulated annual budget of the association and present the budget to the General Assembly through the Executive Committee.
  •  To carry out, and cause to be carried out such other functions and duties of financial administration as prescribed.
  • To approve the requisition forms, certify bills and vouchers and supervise, protect and control the properties.

20. Functions, duties and powers of members

Members shall have the power to vote for decision by holding discussions on various headings and sub-headings by being compulsorily present in the regular and other meetings. To carry out other activities and give support for the welfare of the association as per the advice of the chairperson.

 

 Chapter 6

 

21. Financial source

The association shall have separated funds of its own, to which the following amounts shall be credited.

  • Amount to be received from membership fee.
  • Property received in cash and in-kind as donation, gift and grant.
  • Amount of aid, grant, gift, assistance received from His Majesty's Government and other regional, national, international organization and donor agency or person.
  • Amount obtained from conduction various plan.
  • Various amounts.

Prior approval of His Majesty's Government shall be obtained while receiving foreign assistance.

22. Statement of movable and Immovable property

 The records of movable and immovable property of the association shall be accurately
maintained pursuant to the prevailing laws. 

While making expenditure on behalf of the association, it shall be so made as
determined by the decision of the Executive Committee.

23. Operation fund

Amounts to be received by the association shall be kept in an account opened with a bank.            

The bank account shall be operated by the joint signature of the chairperson, treasurer and secretary. Provided, however, that while making payment, signatures of the treasurer and one person, out of the chairperson and the secretary shall be compulsory or the bank account shall be operated pursuant to decision of the Executive
Committee.

As per the decision of the Executive Committee, administrative expenditure necessary for conducting daily business, allowance, remuneration, stationery, expenditures to purchase materials necessary for conducting programmemes and house rent, etc. shall be borne from the fund.  

The financial transaction year of the association shall begin form the first day of Shrawan (mid July) and expire on the last day of Ashadh (mid July) of each year.

24. Auditing

Accounts of incomes and expenditures earned and incurred during each year and balance of movable and immovable property shall be audited by a recognized auditor appointed by the General Assembly and the same shall be submitted to the General Assembly.

Audit report as well as statements of accounts of the association shall be submitted to the local authority and the social welfare council each year.

 

Chapter 7

 

25. Provisions relating to election

Election to the Executive Committee shall be made by secret ballot through democratic process.

The Executive Committee shall from a there-member election commission for election to the committee. Election procedures shall be as specified by the election commission.

Election to the new Executive Committee shall be made within 6 months from the date of registration of the association and information thereof shall be given to the concerned authority.

As per the decision of the Executive Committee, the election commission shall be designated from amongst the members who do not wish to become candidate, and the procedures thereof shall ipso facto be terminated upon completion of election.

The act carried out by the present ad hoc committee shall remain valid until another Executive Committee is formed.

26. Qualification of candidate

Any member who has completed two years from the date of receiving ordinary membership of the association may become a candidate to any post of the Executive Committee. Provided, however, that any person shall be required to take charge of any post of the former Executive Committee for one term to become a candidate to the post of chairperson. Provided further that this decision shall not be applicable for the first time.

A person against whom action relating to vote of no-confidence and conduct has been taken and then held to be disqualified for the member and a person whose name is not included in the voter list shall be held disqualified to become a candidate or to cast votes.

Any person shall be entitled to the voting right immediately after obtaining ordinary membership.

Foreign citizens are referred to in Article 7 (d) and (e) shall not be allowed to become a candidate and cast votes.

27. Vote of no-confidence

If a vote of no-confidence is to be made against any office bearer or member of the Executive Committee, and one third of the members have duly moved the vote of no-confidence to the Executive Committee in writing setting out clear reasons, the chairperson may convene the special General Assembly to hold discussions thereon within 21 days from the date of such submission. If decision has been taken by two third members of the total number of members of the Association with their support in writing while holding discussions on the vote of no-confidence, such an office bearer or member shall be removed from the Executive Committee, Provided, however, that the member or office bearer against whom the vote of no-confidence is moved shall not be deprived of an opportunity to defend him/herself.

After registration of the vote of no-confidence, the chairperson shall ask the concerned person (member, office bearer) for justification and shall submit both such justification and vote of no-confidence to the meeting.

The vice chairperson and, in the case of his/her absence, the member of the Assembly who is the senior-most by age shall preside over the meeting while holding discussion on a vote of no-confidence moved against the chairperson.

A vote of no-confidence may not be submitted with in 6 months of holding election.

A vote of no-confidence may not be submitted again against the same person for the same person for the same subject until 6 months from the date of submitting the vote of no-confidence once.

28. Provisions relating to resignation

In case any office bearer of the association has to submit resignation, he/she shall submit the same to the chairperson and the chairperson any accept resignation.

In case the chairperson has to submit resignation, he/she shall submit the same to the Executive Committee.

29. Amendment to the statute

In case amendment has to be made to the statute of the association, a proposal relating to the article to be amended and the matters to be inserted shall be submitted to the General Assembly as per the decision of the Executive Committee, the proposal shall be got adopted by two-thirds majority votes and the amended statute shall be enforce after obtaining prior approval from the concerned local authority; the information thereof shall be given to the social welfare council.

30. Powers to frame rules and by-laws

The Executive Committee of the association may frame necessary rules and manuals not contrary to the statute of this association to fulfill the objectives of the association and to regulate internal procedures subject to the Association Registration Act, 2034(1977), Rules frames there under, and this Statute.

31. Formation, functions, duties and powers of advisory committee

As per the decision of the Executive Committee, persons reputed in various social organizations relating to this association or in other sectors may be included in any advisory committee of this committee for rending necessary opinion and advice for the accomplishment of the objectives of this association. The Executive Committee may also invite them in its meeting as per necessity.

32. Dissolution of association

If the association is dissolved because of its failure to conduct its activities pursuant to this statute or for any other reasons, the entire movable and immovable properties of the association shall devolve on His Majesty's Government.

33. Progress report

The progress repot of the activities carried out by the association shall be got adopted by the Executive Committee and the General Assembly and submitted to the local authority and the concerned authority each year. Necessary advice and direction to be given by the local authority to the association from time to time shall be observed.

34. Ineffectiveness

Notwithstanding anything contained in this statute, any matter that is inconsistent with the prevailing laws shall be ineffective to the extent of such inconsistency.

35. Interpretation

Interpretation of ambiguity and difficulty of this statute shall be as done by the Executive Committee. However, the final interpreter thereof shall be the General Assembly.

36. Jurisdiction 

The jurisdiction of this association shall be as per the Association Registration Act, 2034(1977).

 

Schedule 1

Seal of the association: This association shall have its separate seal as decided by the Executive Committee.

Name of this association viz. "Social, Educational and Environmental Development Foundation Nepal, 2060" in Nepali language and “SEED Foundation Nepal, 2003" in short and in English language shall be written in the seal of this association which is a circle; a map of Nepal is drawn up in the lap of mountains; the scene of a rising sun in the east of the mountain / Nepal is shown there in.

Logo: This association shall have a logo as decided by the Executive Committee. Its size may be made large or small as per necessity.

The name list as well as post of the office bearers of the present adhoc Committee is as follows:

 Executive Committee

  • Chairperson:            Mr. Damodar Bhakta Thapa
  • Vice chairperson:     Mr. Nir Bahadur Charmakar
  • Secretary:               Mr. Dhurba Adhikari
  • Joint secretary:        Mr. Nawaraj Adhikari
  • Treasurer:                Mr. Chandra Bahadur Thapa
  • Member:                  Mr. Bishwo Bandhu Adhikari
  • Member:                  Mrs. Bishnu Gurung

Contact SEED Foundation: 

Mr. Damodar Bhakta Thapa (Chairman/Project Leader), Leknath-11, Pachbhaiya, Kaski, Nepal.

Tel. +977 61622098, Mobile +977 98560 23828, Email: seedfound@yahoo.com