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Bye-Laws

BYE-LAWS (Ashhraya)

  1. DEFINITIONS:
    • ‘Sanchalan Samiti” means Swami Vivekananda Sewa Samiti (in short ‘SVSS’ or ‘Samiti’)
    • “Financial Year” means the year commencing on 1st April and ending on 31st March next.
    • “Rules” means the rules and regulations constituted for the success of the project and time being in force.
    • “Appropriate authority” means the authority established under the provisions of law.
  2. CONSTITUTION OF THE SANCHALAN SAMITI:

The sole purpose of establishing ‘Sanchalan Samiti’ is to manage, control, and extend the services of the establishment “Ashhraya” so as to achieve the objectives as have been specified. As the achievement of objectives is possible with the involvement and joint endeavour of ‘Samaj-Sarkar-Sansthan’, so this is just and proper to constitute ‘Swami Vivekananda Sewa Samiti’ as under:

Institution/Organisation No. of Members To be recommended by
a. Maa Chintpurni Mandir Trust 01 Temple trust authority, Una
b. Village Gram Panchayat 01 Gram Panchayat, Dehlan (L)
c. Association of parents/guardians Beneficiaries 02 Parents/guardians of registered applicants
d. Contributors of the project 02 Contributors
e. Special educator or Qualified in field 01 01 ‘Samiti’(from working staff)
f. Specialists in the field/medical science 01 CMO,ZH,Una or as available
g. Social & HR’s Activists 02 HRPC & WA
h. HR’s activist from legal field 01 HRPC & WA

So, there shall be total eleven members in the Sanchalan Samiti and this ‘Samiti’ in addition to the ‘Advisory Board’ (i.e. District & Session Judge, District Programme Officer, Principal Magistrate Juvenile Justice Board, District Labour Officer, any person whom executive committee feels capable of giving valuable advice in the interest of Society) of HRPC & WA shall liaison with “Margdarshak Mandal” time to time to seek appropriate advice for smooth functioning and health life of the project/establishment.

However, the president of Human Rights Protection Cell & Welfare Association with the consent of executives has a right to nominate two female members and one member, a person with disability having social concern or intention of charity; if there is no such member in the Sanchalan-Samiti.

  1. MARGDARSHAK MANDAL
    • District Magistrate cum Additional Registrar, Una;
    • Superintended of Police, Una;
    • Chief Medical Officer, Zonal Hospital, Una;
    • District Welfare Officer;
    • Pradhan Gram Panchayat, Dehlan (L)
  1. SAMRAKSHAKA MANDAL:

This is a body comprised of experts from different walks of life and includes project planners, financers, experts (governmental and non-governmental institutions). This has a vision & wisdom for the viability of the project and may convene a meeting at any time and their number may increase or decrease as per the prevailing conditions and circumstances. This body is analogous to nervous system while the Sanchalan Samiti is the circulatory system of the Body.

  • This body shall appoint its own office-Bearer as Samrakshaka who shall sign all the papers, documents on behalf of the Samrakshaka Mandal, wherever or whenever necessary.
  • Any decision taken by SVSS that involves money matter or affecting the finance shall be subject to the approval of this body through their office-bearer.
  • To consider budget estimates of work, activities undertaken or proposed by ‘Samiti’ and may be approved after due consideration of available resources.
  • The president of ‘HRPC & WA’ shall works as ‘Samrakshaka’ in absence of any office-bearer and may take assistance of his sub-ordinates or any member/members of the society, Samiti.

 

  1. HONORARY MEMBERS/PATRONS:

One, who is quite sympathetic to promote the work of project by his free service or providing aid to the work undertaken directly or indirectly may become Honorary member/Patron as decided by the ‘Samiti’ in the general meeting.

  1. QUALIFICATION TO BE A MEMBER:Despite the recommendation made as mentioned above, a member of ‘Samiti’ shall have the following qualifications:
    1. A major by law;
    2. Not of unsound mind;
    3. Not an insolvent;
    4. Not punished by court of law;
    5. Keen to work in social field and not holding ant political post.
  2. REPRESENTATION OF A BODY IN THE SAMITI:

Despite the recommendation made as mentioned above, a member of ‘Samiti’ shall have the following qualifications:

  • A major by law;
  • Not of unsound mind;
  • Not an insolvent;
  • Not punished by court of law;
  • Keen to work in social field and not holding ant political post.

Any agency/institution/organization/trust or body which may be governmental or non-governmental that has sponsored ‘five or more’ persons registered with ‘Ashhraya’ shall have the right to give one member to Sanchalan Samiti to have active participation provided the name of such person has been duly recommended by his agency/institutions/organization/trust or body and has not been questioned on some legal or valid grounds by the other members of the Samiti.

  1. EXCLUSION OF MEMBERSHIP:One ceases to be a member,
    • On withdrawal of his recommendation by the recommending authority, or
    • On resignation by the member himself/herself with the consent of recommending authority, or on death or inability to continue discharge his duty; or
    • On being disqualified under the provisions of law; or
    • On failure to have qualification to be a member; or
    • If his/her act & conduct found by SVSS against the objectives of the project or against the duty & responsibility given to him as per law.
  2. LIABILITY OF A MEMBER:
    • All the members shall be liable for their own act & conduct and the ‘Samiti’ shall not be held liable for the same or which is not within their purview of duty assigned to them directly or indirectly by ‘Samiti’ or society through appropriate authority or under the provisions of law.
    • The member/members shall be liable to fines and forfeitures under provisions of law. The ‘Samiti’ bears no responsibility or liability of any sort for one’s act which is an offence, punishable by law.
  3. OFFICE BEARERS OF THE SANCHALAN SAMITI:
    • Samiti Pramukh
    • Saha-Samiti Pramukh
    • Sachiva
    • Saha-sachiva
    • Koshadhyaksha
    • Samyojaka
    • Nirdeshaka
  4. DUTIES AND FUNCTIONS OF THE SANCHALAN SAMITI:
    1. To work out the number of beneficiaries and resource generation for them.
    2. To take up the recommendation, advices of Margdarshak Mandal and ‘Advisory Board of HRPC & WA, and guidelines of Samrakshak Mandal for implementation when duly considered.
    3. To appoint workers and other staff necessary to manage the affairs and activities of ‘Ashhraya’.
    4. To take disciplinary or legal action against the erring worker, member if working against the objectives or duty assigned to him.
    5. To fix and announce life/annual/monthly subscription or sponsorship per beneficiary/ trainee as practicable and to receive such collections, contributions, donations, aids, grants from the government and non-governmental organisations, agencies, individuals.
    6. To prepare budget estimates of work, activities undertaken are proposed and to submit to Samrakshaka Mandal for approval.
    7. To make teams or groups of the well-wishers and the experts in the related field for such purposes with such powers as necessary to achieve the objective such as different aspects of rehabilitations.
    8. To take all necessary steps to protect and safeguard the interest and the property of ‘Ashhraya’.
    9. To arrange for the collection of funds and donations and ensure their proper accountability.
    10. To institute suits and or to take any kind of legal action and to compromise suits or actions and to take all further steps to give affect the decrease.
    11. To enter into and perform all contracts as may be considered necessary and expedient in the interest of ‘Ashhraya’.
    12. To acquire or purchase movable or immovable properties necessary for ‘Ashhraya’.
    13. To frame rules and regulations for the efficient management of ‘Ashhraya’ and its activities.
    14. The ‘Samiti’ shall hold all movable and immovable properties and investments interest for the objects of the project.
    15. To invest surplus funds and such funds as are not required for immediate use or otherwise as ‘Samiti’ may deal proper and in accordance with the income tax law for the time being enforced, to secure exemption of income tax for such funds as per law.
    16. The ‘Samiti’ may ensure the property vested in it against fire and other risks or seek medical insurance policies or other policies in the interest of beneficiary as well as ‘Ashhraya’ for such period as deems fit.
    17. To sell or exchange movable, immovable properties of Ashhraya for the due fulfilment of its objectives.
    18. If any vacancy of the office bearer of ‘Samiti’ arises due to any reason, the ‘Samiti’ shall assign duty to other office bearers and shall act as if the vacancy has not occurred until such vacancy is duly filled in.
    19. Generally to do all other acts as required being in the interest in the interest of ‘Ashhraya’, consistent with its objectives and Human Right’s concept as a whole.
    20. All the proceedings of the ‘Samiti’ shall be presumed to be legal and valid until the contrary is proved. The ‘Samiti’ shall continue to function, not-withstanding anything contained in these provisions even after the expiry of the terms of office (subject to decision with 3/4th majority) until the successor ‘Samiti’ is duly constituted.
    21. It shall be lawful for the ‘Samiti’ to adopt any resolution by circulation with the accent of the majority of members of the ‘Samiti’.
    22. The ‘Samiti’ shall be the chief administrative and executive authority of the project ‘Ashhraya’ and shall exercise, control and supervision over the management of all the activities of ‘Ashhraya’ but for all financial decisions requires an approval from the Samrakshaka Mandal through their office bearer Samrakshaka.
    23. To make teams, groups of Activists, planner, and implementing agencies (Governmental and non-governmental), experts and establishing shelter homes for them according to the needs so as to have their development as a human being to the fullest possible extent
    24. To work as a catalyst between “Samaj and Sarkar” so as to speed up the welfare programs, policies of the government.
    25. To put the voice of the people in need, before the government or its agencies for appropriate action and act as a “ready-rapid force” on the call of disaster management.
    26. To do all acts for Human peace and prosperity as an availability of resources and prevailing conditions permit.
  5. OPERATION OF ACCOUNT:
      The bank account shall be open in a nationalised or public sector bank and shall be operated as decided by the ‘Samiti’ through resolution.
  6. MEETINGS:
    • There shall be Annual General Meeting and Quarterly Meeting as per the bye laws of the mother organisation i.e. HRPC & WA and special meeting of the ‘Samiti’ may be called by Sachiva on the advice of in consultation with ‘Samiti’ to handle the serious issue of immediate nature.
    • All the proceedings of the ‘Samiti’ shall be presumed to be legal and valid until the contrary is proved.
  7.  COMMENCEMENT OF ACTIVITIES/SERVICES:
      Any project or shelter home at ‘Ashhraya’ will commence its activities/services only after getting duly registered under the provisions of relevant law/ concerned Act or after receive due approval of the appropriate authority.
  8. AMMENDMENTS/ALTERATIONS/EXTENSIONS/ABRIDGEMENT/RESCINDING OF RULES AND REGULATIONS:
      By a resolution approved by a majority of two-third of its total number (change of name) for all other purposes by a majority of three-fifth members present in the general meeting subject to the recommendation of HRPC &WA.
  9. DISSOLUTION/AFFILIATION/AMALGAMATION OF THE SOCIETY:
      By a resolution duly approved and adopted by a majority of three-fourth members in general Meeting on the recommendations of HRPC&WA.
  10. BY-LAWS INSUFFICIENT OR SILENT :
      If “Rules and Regulations of this Samiti” happened to be insufficient or silent or any matter which concerns to the affairs of the ‘Samiti’, the decision taken by the mother organisation HRPC & WA as per law and its bye-laws time being enforce shall prevail.