Rural Area Development Programme CHARTER 1994

Transcription

1 Rural Area Development Programme CHARTER 1994 PREAMBLE : As established under Non-Governmental Organization Act 2034 of Nepal this Organization being completely motivated to its own target objectives shall actively proceed Rural Area Development Programs by organizing various local level programs so as to uplift life standard of rural area's poverty stricken people fulfilling basic need of them if possible by mobilizing organization's local means and sources and for beyond that by the help of available national and international donor agencie's contribution. That this organization has been basically established being very highly encouraged for a sheer social service, it always anticipates inspiration from different sectors so that it may obtain its duty fairly without being baised towards certain ethnic group, language, class, sex, political parties and personal advantages. Clause 1 Abbreviation and Commencement 1.1 The name of this charter shall be "Charter of Rural Area Development Program 2051 (1994)". 1.2 The name of this organization shall be "Rural Area Development Program" and the abbreviation shall be RAPD/Nepal. 1.3 This charter (with amendment) shall be in action after the date of His Majesty's Government's approval.

2 Clause 2 Definition and Interpretation 2.1 Unless the subject or context requires otherwise: 'Organization' shall denote Rural Area Development Program established under the charter and approved by his Majesty's Government The 'charter' denotes this charter 'Staff'' means all people appointed for carrying out the office work smoothly on the payment basis as permanent, temporary, on contract or daily wages for the period of organization's existence The 'Executive committee' means the committee constituted as according to the clause 27. sub clause1 of the charter 'Executives' shall refer here the chairman (program coordinator) vice chairman (chief organizer of the program), member secretary and treasurer 'Member' means all level members of this organization 'Assembly' shall stand for general assembly and occasionally held special assembly. Clause 3 Office and Address 3.1 The central office of this organization shall be situated within the Vyas municipality-4,pharakchour area of Tanahun district's head Quarter Damauli, and branch offices, if necessary shall be set up at working districts after getting a permission from or informing the local officers. 2

3 Clause 4 Objectives 4.1 "Let us work hard and adorn our villages"(sweat over;decorate our neighbour). That the organization established under the influence of the conception where village development is one of the infrastructure of entire development of country and process of the development should be launched from grass root level, this organization shall play an important role in forwarding the country development by initiating people of all level for the development programs and uplifting the position of rural area that may promote the mission of His Majesty's Government. In order to obtain such creative work this organization shall develop the relation among rest of the non government organization for organizational betterment and thus help to develop a healthy and competitive society. Besides this organization shall also continuously be endeavoring for the social service embracing organizations principles. Clause 5 Function 5.1 In order to run the stipulated program and meet the goal this organization shall conduct the following programs Adult education Rural Drinking water project Afforestation and Environment Conservation Women Awakening Public Awareness Against AIDS Mobile Camps for Rural Health Conservation for Folk Culture Control of Drug Abuse Children Rights Income Generating Program for Poverty Alleviation 3

4 Clause 6 Working Area 6.1 The working area of this organization shall be in the entire rural areas (75 districts) of the kingdom. Clause 7 Membership 7.1 As according to the charter the following people or organization can obtain a membership Any individual or organization that seeks a membership by submitting an application with attached photo after the establishment of this organization If any finance company, that has a direct financial relation, with this organization, needs membership Any Nepalese male or female citizen completing 18 years who is inspired for social service All working staffs of this Organization Members and board members of the executive committee Any interested individual residing in the working area Mentally healthy. Clause 8 Types of Membership 8.1 types of There shall be three membership: General Active Lifelong 8.2 As according to the organization's charter's clause 7.1 if any individual or organization doesn't renew the membership within the 4

5 last months of next year of issue, the membership shall be automatically terminated. Issuing and renewal of the membership shall be obtained according to the decision of general assembly whereas categorization of three types of the membership shall depend on the decision of the Executive Committee. Explanation Members as according to the clause 45 sub clause 45.1 shall remain life long members unless they themselves resign from their membership. Clause 9 Certificates 9.1 The people who have become members of this organization shall have their certificates assigned by the Executive Committee. But this shall be different in the case of general, active and lifelong members. Clause 10 Termination or Membership 10.1 In any one of the following condition the membership of a person shall be terminated If written resignation is submitted to the Executive Committee If the clause 7.1 is not followed well If there is any written proof for the involvement in the following activities: a. breaching the charter of the organization. b. corrupting the fund or weakening the income source of the organization. c. directly or indirectly assisting any other organization by revealing the secrecy of the organization. 5

6 d obtaining any activities against the welfare of the organization. e. if any of the aforementioned reasons is accepted by the two third of the executive committee members one shall be automatically deprived of membership. f if a member is regularly absent in the meetings for three times without any pre-information. g. if a member is dead. Clause 11 Re - Membership 11.1 If any members terminated on the ground of charter's clause 10 sub clause 1 improve their nature and apply for re-member ship under the provision of clause 7.1, and after the investigation, if the Executive Committee considers the applications they can regain the membership Terms The term of organization's Executive Committee's personnels and members shall be of four years to be counted from the date of nomination. The personnel's and members may continue their usual duty until the next election is held Personnel's and members nominated by the chairman shall have the same status as of the elected ones There must compulsorily be women representation in the Executive Committee. 6

7 Clause 12 Entrance Fee 12.1 Any eligible person or body intending to acquire the membership of the organization has to pay the fee decided by the Executive Committee can obtain the membership. With drawl of the membership shall not be refunded. Clause 13 Stamp and Logo 13.1 To bring this organization to the public arena introducing its objectives and more effectiveness it shall require to use its own stamps and logo so as to get all the day to day work valid and authorized. The stamp and logo shall be used by only authorized person of the organization Stamp sample: The stamp has been designed on the background of a house with greenery on the both sides at back of which there shall be three hills integrated between two of them the half saped sun is rising up and there shall be RADP letters written at the bottom of the house. These all signs shall be guarded by two human palms over which there shall be Rural Area Development Program written in Nepalese character with arch shape Stamp Prohibition: No one shall use the stamp except the authorized person for office use of the organization. 7

8 Clause 14 Independent and Organized State of Organization 14.1 The organization shall always remain independent and well organized with its own successors. And this organization shall exercise all the rights as a legal body to earn fix and movable assets and to consume them in every way The organization shall also have all legal rights to seek a remedy for justice on the behalf of its welfare To strengthen its fund for fulfilling its objectives, the organization may collect funds by conducting various programs and receive financial help, loan as well as funds from different donor agencies (National and International), His Majesty's Government and certain people. Clause 15 Rights and Liabilities 15.1 The organization's liabilities shall remain limited. The chairman shall have the entire responsibility for the organization The whole responsibilities prescribed in the organization's charter shall be in principle, limited within the chairman except in the case of organization's cash and kind. On regarding the Xerox copies and corresponding of the organization the member- secretary shall obtain with a permission of the chairman. Clause 16 Conducts 16.1 following morals The Executives and member shall embrace the: Non-politicalize the organization Maintain the secrecy of the organization Entirely follow the charter and decision of the organization Regularly attempt to fulfill the organization's goals Clause 17 8

9 Discipline 17.1 The executives and members shall obtain the following discipline being under the organization's charter Executives and members shall have strict discipline They should not expose the internal activities to any unauthorized people No one shall conduct any activity to weaken the economic source of the organization No one shall express any immoral things to the executives and members against their dignity They shall fulfill their every liabilities 17.2 If there is any written complaint submitted by authorized or other people from different organization, the chairman, with the resolution of the Executive Committee or with the propose of the resolution, may suspend or terminate such staff. Clause 18 Employment Management 18.1 Since only Executives and members of the Executive Committee are not adequate in number to make the program transparent and public orientated the chairman following the decision of Executive Committee may recruit permanent, temporary, daily or monthly wage workers, and other necessary workers on contracts so as to maintain the day to day work through its secretariat. Clause 19 9

10 Charter's Interpretation 19.1 Only the chairman of Executive Committee of this Organization shall have the rights to interpret all the clauses and sub clauses of the organization charter. Clause 20 Right to make Rules 20.1 If the Executive Committee has to obtain any certain work or the provision for it is not mentioned nor clear in the charter, the committee shall possess adequate rights to create sub clause, rules, by-rules or indexes of the charter according to the necessities of it. Clause 21 Trainings 21.1 If there is any invitation, nomination or demand of committee's executives or members from any national or international organizations for training, study or conference participation, the chairman shall have all the rights to nominate and send the participants among the committee's executives or members. Clause 22 Fund Mobilization 22.1 Exercising the rights prescribed by the Organization's charter and committee only treasurer shall mobilize the Organization fund. He shall hold the entire responsibility of the fund. Clause 23 10

11 Income-Expenditure 23.1 The executive committee should open a bank account and deposit all the received amount in the bank in the way to produce such report of distributing the entire economical and physical sources to any concerning authority. There should be joint account to be signed by member secretary, chairman and treasurer where the subsequent members should be the must. Expenditure 23.2 If the organization needs to draw money from the bank to run the office management or any other programs, the treasurer has to draw the money following the decision of the Executive Committee. The treasurer may at once draw Rs (in word one thousand) with a permission of the chairman if the committee's meeting can not be held. This amount should be later sanctioned by the committee's meeting. Clause 24 Form of Organization 24.1 As a central body of the organizations there shall be one Executive committee formated according to the provision of the charter. Except that in order to conduct programs in different districts or for other necessities there shall be district level committees formed. Clause 25 11

12 General Assembly 25.1 In order to make working system of organization simple and swift by getting them based on more transparency, People's participation and operation the chairman may call on a general assembly in a year for the following decision Selection of 50 % members of the executive committee Evaluation and review of the annual program Planning of the organization's annual program and budget Appointment of auditor Sanction of Executive Committee's assignment Miscellaneous Clause 26 Election 26.1 Any individual interested for candidature of Executive Committee's executive or members, should fulfill the following conditions Should have completed one year after being active member Should have directly or indirectly worked for any of the organization's program for there years Should have completed one year being in district level committee Should never have been accused according to the charter Never committed any crime Should never have involved in any local level provocation Should never have been charged on any organization's corruption The term of committee's executives and members shall be of four years.50% members of the committee as well as the chairman shall be either directly elected or selected by no objection process. The rest 12

13 members or executives, with certain provision, shale be nominated by the chair- man To accomplish any level election the working committee or general assembly shall constitute an election board for all the election period. The board formed in this way shall be automatically remain dissolved as it provides certificate to the members and executives after completing the election affair. Clause 27 Executive Committee 27.1 There shall be at least 7 and maximum 11 members and executives as followings The chairman or Program Coordinator Vice-chairman or Chief Program Manager Treasurer Member - Secretary Members - (not exceeding seven people) 27.2 Explanation: - The program Coordinator or the chairman shall be coex member - secretary of the organization. Any separate membersecretary shall be appointed only when the chairman or program organizer is unable to conduct the organization's program The Executive Committee formed according to the chapter 27.1 under the provision of the chapter 24.1 shall remain the main committee of the organization. In the context of program extended districts a district committee can be formed consisting chairman or program Coordinator, a District Representative as member secretary and other members not exceeding seven people. The fund of this type of district level committee shall be mobilized only by the united signature of the chairman and treasurer and relevant district committee's membersecretary under the provision of the chapter

14 Clause 28 Function, Duty and Rights of Executive Committee 28.1 Function, Duty and Rights of Executive Committee: Keep account of organization Form necessary sub-committees to ease the work of the executive committee Conduct programs in village areas following the objectives of the organization by accumulating financial sources from the donor agencies Inspect the programs organized under Nepal Non Governmental organization Act and, if necessary, reform the work Keep account transparent and present it, when necessary, clearly by preserving organization's cash and kind Summon organization's annual general assembly and Plan annual programs and budget and keep record of income and expense of the organization Work, duty and rights of the Chairman: Chair the meetings Develop relations with concerning authorities and individuals Conduct those programs for which the executive committee meetings can not be held, and get those kind of programs sanctioned by the majority Administer the resignations submitted by executives and members of the executive committee Nominate 50% members according to the charter give information of organization's objectives, policies and programs to essential places Run the daily administration of the organization. 14

15 Appoint necessary volunteers and manpower, to be paid on the base of executive committee's recommendation that has to be sanctioned Send audit report of organization's annual income and expense record checked by an auditor as well as organization's program report to the concerning organizations and individuals In the application of the chapter 27.2's explanation perform it accordingly Use special right of the chairman Vice- chairman : Carry out all the work of chairman in his absence Plan organization's annual program and submit it in the general assembly Develop relation and co-operation with donor agencies Work and duty of member secretary : Summon executive committee's meeting taking the permission of chairman Record the meeting's decisions in separate books clearly Conduct program in right time and keep their records Keep correct reporting of organization's property and liability Submit monthly and annual progress reports to the executive committee To conduct any program get the decision from the executive committee and obtain the program for organization's welfare Treasurer : Strengthen the organization's fund Keep accurate record of income and expense Submit account report as the executive committee demands it Present the income and expense report in the general assembly. 15

16 Plan annual budgets. Clause 29 Quorum 29.1 There must be minimum 51% members present in the meeting of executive committee. In case of equal voting the chairman can cast deciding vote but the chairman can not participate in the election earlier in such cases. Clause 30 Meeting 30.1 Meeting of executive committee must be held at least once a month. The chairman shall chair the meeting. In the absence of him the oldest member selected by executive committee shall chair the meeting. Clause 31 Amendmend of Charter 31.1 Only the two third majority of executive committee, if necessary, may amend the charter. The amended clauses or sub clauses which shall be effective only after getting passed by general assembly and sanctioned by His Majesty's Government. Clause 32 16

17 Deliverance of Authority (Authorization) 32.1 In order to accomplish certain important assignment of the organization, except the working committee, there can be, as necessity, sub-committees formulated for certain period. The working committee may authorize these sub-committees to carry out the stipulated program within the stated duration. These kind of subcommittees shall be automatically dissolved as their period ends up Clause 33 Sub-Committees 33.1 Exercising the rights stated in clause the following mentioned sub committees shall be formulated so as to contribute to His Majesty's Government's development mission after being independent, motivated and development oriented. a. Fund collection sub-committee- co-ordinator-treasurer, two members. b. Program promotion sub Committee - Co-ordinator, Member - Secretary, two members c. Membership distribution sub-committee, Vice-chairman, Coordinator, two members. d. Evaluation sub-committee - chairman, co-ordinator, two members. Clause 34 Resignation 34.1 If any one of the executives or members of any level has to resign from the position, the chairman has to submit his resignation to the vice chairman and in other's cases the resignation should be submitted to the chairman. Clause 35 17

18 Vacancy and Recruitment 35.1 There shall be vacancies of different level officers in the following situations If any one from lower level committee is elected for upper level committee In the case of one's termination in the charge of any reason of clause In the submission of resignation In case of one's death Recruitment Any post lying vacant under the provision of 10.1 shall be recruited for the rest of the term with the same process as the earlier one was appointed. NB:- The chairman may give direction for the recruitment following the decision of the working committee. Clause 36 Barrier and Panacea 36.1 If organization's executive committee lacks any provision in the charter while obtaining any unauthorized assignment; but important and for welfare of the organization and the society, the executive committee may free itself from any barrier by the help of committee's majority's (2/3 vote) decision. Concerning departments should be informed of this kind of decisions. Clause 37 18

19 Miscellanies 37.1 Presenting reporting:- Any officials or individual appointed by the executive committee shall keep all accounts, get them audited by authorized auditor and submit the financial and program reports to every general assembly. The final reports shall be, then dispatched to the local officer or social welfare council Account checking Local officer may check the accounts by the help of the accountant officer of his own in case of any doubt. If the account officer demands relevant reports documents or any questionnaires, that are not against organization's welfare, the executive committee or any appointed officer shall response the all being within the boundary of the organization's charter. Clause 38 Provision of Counselor 38.1 In order to run the program smoothly the executive committee shall manage not more than 5 intellects as its counselor among nonpolitically highly dignified who are to be accepted by general assembly. Priority shall be given to the district's local intellects. Clause 39 Explanation 39.1 If the organization finds any officers or member involving in any activity that is against its welfare, the chairman may ask them for their explanation giving them certain period of time. Clause 40 19

20 Suspension 40.1 As stated earlier if the explanation demanded from any official or member is not satisfactory, he shall be submitted to the working committee for an action where 2/3 majority of the committee may suspend him Clause 41 Pleading (Justification- Defence) 41.1 Any person suspended as according to the clause 40.1 and submits an application of pleading against the suspension to the working committee through the chairman, an opportunity of defence shall be, after the committee's discussion, granted under the condition of his reformation in the dealings. Clause 42 Release (From Suspension) 42.1 The working committee may release the suspended person, who had been proven breaching the organization's charter, after the suspension period or before that under the certain conditions in which he intends to improve the nature and work for organization's welfare. Clause 43 Vote of Confidence 43.1 If 25% members (minimum quorum) of the executive committee get a doubt that a certain official or member doesn't fulfill positional liabilities, remains inactive in programs, breaches discipline or involves in the activities such as weakening the income source and breaching the charter of the organization's, they can resister a proposal of vote of confidence in written form. And the majority of 2/3 or 60% members support the motion of vote of confidence it shall be 20

21 sanctioned. This proposal shall be issued for the person only once a year. Clause 44 Dissolution of Organization 44.1 If the organization cannot be run as according to the charter or with certain other reasons it shall get dissolved and all cash other assets of the organization shall belong to His Majesty's Government. Clause 45 Founder 45.1 The following persons shall be founder of the Organization: Dr. Bhekh Bahadur Thapa - Patron Mr. Rajendra Bahadur Adhikari - Chairman Mr. Shyam Thapa - Secretary Mrs. Sharada Adhikari - Treasurer Mr. Lalit Bahadur Pandey - Member Mr. Om Kumar Uppreti - Member Mr. Jeevan Bahadur Pandey - Member Mr. Balbhadra Khanal - Member Clause 46 21

22 Termination 46.1 The chairman with the permission of the Executive Committee or in advance may terminate any official or member from the position if he is unable to carry out the liabilities mentioned in the clause (Chapter) 16 and 17 or can not follow the clause the terminated person may submit an appeal with justification to the Executive Committee. Clause 47 Oath Acknowledgement 47.1 In order to find officials and members abide by the directions of the charter and determined to obtain ideal duty of the organization, for its security, may administer the oath designed as following. I, Mr./Ms./Mrs... of age residing at. Municipality/VDC Ward No... swearing by the almighty God solemnly vow that I having been elected /nominated for the post of.. of this organization with a priority to the organization's welfare more than my own benefit shall fulfill every duty prescribed for me. If I ever get to harm the organization with certain temptation, I shall bear any charge as according to the charter of the organization. Date: Name Signature: End 22

23 For your kind information : As per the decision made by the members of General Assembly Apr 15, 2001, the following Executive members were elected for the next four years to run the programmes of the Organization. Executive Committee Dr. Bhekh Bahadur Thapa Prof. Dr. Kishor Kumar Gurugharana Mr. Rajendra B. Adhikari Er. Satya Dhoj Adhikari Ms. Shashi Pandey Dr. Dhruba Adhikari Prof. Geeta B. Joshi Ast. Prof. Mr. Kul Bahadur Thapa Mr. Mohan Bahadur Thapa Ms. Aruna Shrestha Mr. Mr. Rajendra K.C. (Representative REDA) Patron Advisor Program Co-Ordinator Chief Prog. Manager Treasure Member Member Member Member Member Member 23