Memorandum of Association of Council for Advancement of People's Action and Rural Technology (CAPART) 1. The name of thee Society shall be Council for Advancement of People's Action and Rural Technology. 2. (i) The registered office of the society shall be situated in Union Territory of Delhi and at present is situated at India Habitat Centre, Lodhi Road, New Delhi-110 003. (ii) The Vision of CAPART is to play a dynamic and catalytic role with the various governmental agencies and NGOs, influence public policy and contribute its share towards the many-sided development of Rural India. (iii) The Mission of CAPART is to work in close coordination with the rural NGOs and empower them by Engaging them in dialogue Respecting their thoughts and ideas Listening to their voice Harnessing their resources Funding their activities Strengthening their hands, particularly the women, the weaker sections of rural society and the disabled and other underprivileged sections of rural society. Walking hand-in-hand with them on the road to rural prosperity. (As amended vide notification No.1-25011/1997-PC dated 13.04.2005 issued by Ministry of RD) 3. The objects for which the Society is set up are: (i) to acquire the activities, programmes and assets of two Societies namely People's Action for Development (India) [Registration No.4433] and, Council for Advancement of Rural Technology [Registration No.12945] and all or any of the belonging, funds, rights, privileges, obligations and contracts of the said two Societies which as on the date of registration of this Society shall be deemed to have been amalgamated and merged into this society; (ii) to encourage, promote and assist voluntary action in the implementation of projects for the enhancement of rural prosperity; (iii) to strengthen and promote voluntary efforts in rural development with focus on injecting new technological inputs in this behalf: (iv) to act as the national nodal point for coordination of all efforts at generation and dissemination of technologies relevant to rural development in its wider sense; (v) to act as a catalyst for development of technology appropriate for the rural areas, by identifying and funding research and development efforts and pilot projects by different agencies and institutions particularly voluntary organisations; (vi) to act as a conduit for transfer of appropriate technology to Government Departments, public sector undertaking, cooperative societies, voluntary agencies and members of public to encourage adoption of modern techniques and appropriate technology in rural development; (vii) to act as a clearing house of information and data bank; (viii) to disseminate knowledge on rural technology to manufacturers of machinery tools, equipment and spare parts so that large scale projection of technically improved machinery etc. is carried out in the private cooperative and public sectors; (ix) to promote aid, guide, organize, plan, undertake, develop, maintain and coordinate projects/schemes aimed at all round development, creation of employment opportunities, promotion of self-reliance, generation of awareness, organization and improvement in the quality of the life of the people in rural areas in general and of the economically and socially handicapped as also those who are physically, orthopedically and visually handicapped and mentally retarded in particular (as amendment of Article 3(ix) of Memorandum of Association and Rules of CAPART regarding Priority treatment of Physically, orthopedically and visually handicapped persons along with SC/ST and freed Bonded Labourers approved by the General Body in its meeting on 07.07.1995). (x) to assist and promote programmes aimed at conservation of the environment and nature resources; (xi) to strengthen existing institutions of research and develop or set up institutions, so that national level institutions on matters of purely or largely rural interest are built up; (xii) to collaborate with other institutions, associations and societies in India or abroad including concerned international agencies-constituents of the U.N. system interested in similar objects; (xiii) to conduct or sponsor training programmes, conferences, lectures and seminars on rural development activities of particular interest to women, with an accent on improved technologies appropriate to their role in rural development. (xiv) to conduct or sponsor training programmes for trainers, particularly in the voluntary sectors, so that improved technology is disseminated to participants in development in the rural areas; (xv) to conduct or sponsor training programmes/seminars, workshops and meetings to promote interaction between government agencies and voluntary agencies working in the field of rural development and technology; (xvi) to carry out research studies, survey, evaluation and the like on the use of appropriate technology and to offer fellowships, scholarships and prizes in furtherance of the objects of the society; (xvii) to prepare, print and publish paper, periodical-monographs and books in furtherance of the objects of the society; and (xviii) to do all other such things as the society may consider necessary, incidental or conductive to the attainment of its objectives; (xix) to create awareness amongst rural people and provide a series of escort services to them through the NGOs on matters relating to Intellectual Property Right (IPR) issues in the context of WTO and assist them by protecting their knowledge-base, time-honoured inherent and patent rights and all matters connected therewith. (As amended vide notification No.I-25011/1997-PC dated 13.04.2005 issued by Ministry of RD) 4. Pursuant to the aforesaid objectives, the Society: (a) (b) (c) (d) May raise funds and accept donations (in cash or kind) grants of money, securities, property of any kind and undertake and accept the management of any endowment trust, fund or donation not inconsistent with the objectives of Society subject to the condition that such acceptance from foreign agencies, institutions and Governments will be on such terms as may be prescribed by the Government of India from time to time. establish a provident fund for the benefit of the staff of the Society or any section thereof with the approval of the Government. make rules and bye-laws for the conduct of the affairs of the society and add to, amend, vary or rescind them from time to time with the approval of the Government; do all such other acts and the things either alone or in conduction with other organizations or persons as the society may consider necessary, incident or conductive to the attainment of the above objectives. 5. All income of the Society shall be utilised towards the promotion of aims and objectives of the Society. 6. The names, occupations and address of the first members of the General Body are as follows: Sl. No. 1. Name Occupation and Address Designation in the Society G.S. Dhillon Minister of Agriculture Govt. of India, Krishi Bhavan, New Delhi President 2. Rama Nand Yadav Vice-President 3. D. Bandyopadhyay 4. T. Balakrishnan 5. J.C. Jetli Minster of State for Rural Development, Krishi Bhavan New Delhi Secretary, Deptt. of Rural Development, Krishi Bhavan New Delhi Director General, CART & General Secretary, PADI GNF Building, New Delhi Additional Secretary, Deptt. of Rural Development Krishi Bhavan, New Delhi 6. R.P. Singh Member 7, Smarajit Ray Joint Secretary & Financial Advise, Deptt. of Rural Development, Krishi Bhavan, New Delhi Joint Secretary, Deptt. of Rural Development, Krishi Bhavan, New Delhi Vice-President Member Member Member 7. It is acknowledged and admitted by all concerned that the society is established by the Government of India in the public interest. 8. We, the several members whose names and addresses are: given below having associated ourselves for the purposes prescribed in this Memorandum of Association do thereby subscribe our names to this Memorandum of Association and set out several and respective hands hereunto and form ourselves into Society under the Societies Registration Act, 1860. Sl. No. Name, address & occupation of Members Signature of Members 1. G.S. Dhillon, Minster of Agriculture Government of India, Krishi Bhavan, New Delhi Rama Nand Yadav, Minister of State for Rural Development, Krishi Bhavan, New Delhi D. Bandyopadhyay, Secretary, Department of Rural Development, Krishi Bhavan, New Delhi T. Balakrishnan, Director General (CART) & General Secretary (PADI), Guru Nanak Foundation Building, New Mehrauli Road, New Delhi J.C. Tetli, Additional Secretary, Department of Rural Development, Krishi Bhavan, New Delhi R.P. Singh, Joint Secretary & Financial Adviser, Department of Rural Development, Krishi Bhavan, New Delhi Smarajit Ray, Joint Secretary, Department of Rural Development, Krishi Bhavan, New Delhi Sd/- 2. 3. 4. 5. 6. 7. Sd/Sd/Sd/- Sd/Sd/Sd/- Signature of all subscribers attested Sd/(N. Das Gupta) Advocate 1, Jai Singh Road, New Delhi - 110 001 Rules and Regulations of The Council for Advancement of People’s Action And Rural Technology Short title, extent and commencement i. These rules and regulations be called the Rules of the Council for Advancement of People’s Action and Rural Technology. ii. In their scope and application these rules extend to its headquarters, all the institutes and other units of the Council for advancement of People’s Action and Rural Technology. iii. These rules shall come into force from the date on which the Society namely, the Council for Advancement of People’s Action and Rural Technology is registered, under the Societies Registration Act, 1860. Definitions i. ii. ‘The Society’ means the ‘Council for Advancement of People’s Action and Rural Technology’, a Society registered under the Societies Registration Act, 1860. ‘The General Body’ means the body constituted under Rule 4 of these Rules as the General Body of iv. ‘The Executive Committee’ means the Committee constituted under the rule 26 of these rules as the Executive Committee of the Society. ‘The President’ means the President of the Society. v. ‘The Vice-President’ means the Vice President of the Society. iii. vi. vii. viii. ix. x. ‘The Chairman’ means the Chairman of the Executive Committee. The ‘Vice-Chairman’ means the Vice Chairman of the Executive Committee. ‘The Director General’ means the person appointed as the Director General of the Society. Deleted. ‘Year’ means, unless otherwise specified by the General Body, the financial year of the Government of India. Headquarters of the Society i. The office of the Society shall be situated at New Delhi. Headquarters of the Society The number of members of the Society shall not exceed 100. The members of the Society shall be nominated by the President. They shall hold office during the pleasure of the President. The membership of the Society will be broadly in the following ratio: 1. Categories of Members i. Voluntary Agencies 40% ii. Other Institutions 25% iii. Ex-Office 25% iv. Individual 10% 2. Qualifications The following will be the qualifications for eligibility of membership: i. Voluntary Agencies Registered voluntary bodies engaged in any activity connected with rural development/ technology or any of the objects of the Society. ii. Other Institutions Registered bodies other than voluntary agencies engaged in any activity connected with rural development/ technology or any of the objects of the Society. iii. Ex-Officio Representatives of Central and State Governments or any other Government authority. iv. Individual Non-official persons possessing special expertise, ability and/or experience relevant to the furtherance to the objectives of the Society. The representation may be name or designation, as may be appropriate. Register of Members The society shall maintain or roll members, indicating their full names, addresses and occupations and every member shall sign the same. If a member of the Society changes his address, he shall notify his new address to the Director General, who shall thereupon change his new address to be entered in the roll of members. Where, however, a member does not notify any change of address to the Director General, his address given in the roll of members shall be deemed to be his correct address. Termination of ex-officio membership Where a person becomes a member of the society by virtue of the office of appointment, which he holds; his membership of the Society shall be terminated when he ceases to hold that office or appointment. Termination of membership of others Membership of members other than ex-officio members shall be terminated on the happening of any of the following events: i. ii. iii. on the expiry of the period of membership for which nominated; death, resignation, insolvency, lunacy or conviction for a criminal offence involving moral turpitude when a member does not attend three consecutive meetings of Society without proper leave of absence. Terms of membership Membership of members other than ex-officio members shall be terminated on the happening of any of the following events: i. ii. Subject to the other provisions, a member or the Society shall hold office for a period of three years from the date of his admission and shall be eligible for reappointment by the President. If a casual vacancy exists during the three years period, such vacancy shall be filled in like manner as the origins vacancy and the admitted member shall hold office for the unexpired portion of the term. Resignation When a member desires to resign his membership of the Society, he shall forward his letter of resignation to the Director General. The resignation shall take effect only from the date of its acceptance by the President. Validation of acts The Society shall function notwithstanding any vacancy in any of its bodies and no act, direction or proceeding of the Society shall be invalid merely by reason of such vacancy or any defect in the appointment of any of its members. Validation of acts AUTHORITIES OF THE SOCIETY The following shall be authorities of the Society : i. ii. iii. iv. v. vi. vii. viii. ix. General Body President Vice-President Executive Committee Chairman Vice-Chairman Director General President President x. Such other bodies, committees or panels as may be appointed or constituted by the Society or the Executive Committee of the Society. GENERAL BODY Members There shall be a General Body of the Society and it shall be composed of all the members of the Society. Annual General Meeting The annual general meeting of the General Body shall be held on such date and at such time and place as may be determined by the President. Special General Meeting i. ii. iii. iv. There President may convene a special general meeting of the General Body whenever he thinks fit. The President shall convene such a meeting on the written requisition of not less than one third members of the General Body. Any requisition so made shall express the object of the meeting proposed to be called and shall be left at the office of the Director General. At all special general meetings, no subject other than that stated in the notice of requisition shall be discussed, except when specially authorized by the President. Calling of Meetings i. ii. iii. All meetings of the General Body, shall be called by notice in writing by and under the hand of the Director General, who shall be the Member Secretary of the General Body. (as amended by the General Body in its meeting held on 26.09.1996). Every notice calling a meeting of the General Body shall state the date, time and place of the meeting and shall be delivered or sent by post to every clear days before the day appointed for the meeting. Any inadvertent omission to give notice to or the non-receipt or late receipt of notice by any members shall not invalidate the proceedings of the meetings and proof that the envelop containing such notices was properly addressed and duly posted will be sufficient proof of such notice. Chairman of Meetings The President shall preside over all meetings of General Body. In his absence, the Vice-President shall preside. In the absence of both of them, the members present shall choose one from among themselves to preside over the General Body meeting. Quorum One fifth of the members of the General Body present in person shall form a quorum. No quorum shall be required for any adjourned meeting. Determination of disputed questions i. ii. iii. All disputed questions at meetings of the General Body shall be determined by majority vote of the members present and voting. Each member of the General Body shall have one vote. In case of equality of votes, the person presiding over the meeting shall have a casting vote. Special invitees The President may invite any person other than a member to attend a meeting of the General Body. Such an invite shall not, however, be entitled to vote at the meeting. Functions and Powers The General Body shall have the following powers and functions, namely to : i. Give overall policy guidance and direction for efficient functioning of the Society. ii. Approve the annual budget of the Society drawn up by the Executive Committee. The approved budget shall be submitted to the Government of India for sanction of Government grants; iii. Consider the balance sheet and audited accounts for the previous year; iv. Consider the annual report prepared by the Executive Committee; v. Add and amend the rules of the Society with the approval of the Government of India; vi. Frame, bye-laws not inconsistent with these rules, for the regulation of the business of the Society with the approval of the Government of India. vii. perform such other functions as are entrusted to it under these rules; viii. Delegate such of its powers to other authorities of the Society as it may consider necessary and proper. Validation of acts The General Body shall function, notwithstanding any vacancy therein and notwithstanding any defect in the appointment or nomination of any member, and no act or proceeding of the General Body shall be invalidated or nullified merely by reason only of the existence of any vacancy therein or any defect in the appointment or nomination of any member. PRESIDENT President The Union Minister/ Minister of State (Independent Charge) in charge of the Ministry/Department dealing with the Society shall be the ex-officio President of the Society. Functions and Powers of the President i. ii. iii. iv. v. Annual General Meeting and Special General Meeting of the Society. The President shall preside over the Annual General Meeting and Special General Meeting of the Society. In case the, votes for and against a particular issue are equal, the President shall exercise his casting vote. The President shall be entitled to invite any other person to attend meetings of the Society but such person(s) shall have no powers of voting. The President shall have the authority to cause to review periodically the work and progress of the Society with a view to ensuring that the activities of Society are carried on, in accordance with the provision of the Memorandum of Association and Rules and Regulations and bye-laws of the Society. The President may, in writing, delegate such of the powers as he may consider necessary to the VicePresident or Chairman. VICE-PRESIDENT The Minister of State/ Deputy Minister in the Ministry/ Department which is the administrative Ministry/ Department and deals with Society will be the ex-officio Vice-President of the Society. If there are two or more such Ministry / Department, then one of the Ministers/ Deputy Ministers nominated by the President will be the exofficio Vice-President of the Society. Functions and Powers of the Vice-President The Vice-President shall exercise such powers and perform such other duties as the President may deem fit to delegate to him. The President during the long absence/ leave shall nominate the Vice-President to exercise his powers. EXECUTIVE COMMITTEE Chairman of Meetings The Executive Committee shall have a membership of not less than fifteen and not more than twenty five members nominated by the President of the Society from amongst the members of the General Body for the same duration for which the General Body is constituted provided that the Financial Adviser of the Ministry / Department dealing with the subject in the Government of India shall be one of the members. Frequency of meetings The Executive Committee shall meet, as often as necessary and in any event at least once in each quarter of the year. Notice for Meetings i. ii. iii. iv. All meetings of the Executive Committee shall be called by notice in writing by an under the hand of the Director General, who shall be the Member Secretary of the Executive Committee. (as amended by the General Body in its meeting held on 26.09.1996). Every notice calling a meeting of the Executive Committee shall state the date, time and place of the meeting and shall be sent to every member of the executive committee normally seven clear days before the day appointed for meeting. The Chairman may, in special circumstances, call a meeting at a notice shorter than seven days. Any inadvertent omission to give notice of the non-receipt of late receipt of notice by any member shall not invalidate the proceedings of the meeting. Chairman of meetings The Chairman shall reside over all the meetings of the Executive Committee. In his absence, the Vice-Chairman shall preside. In the absence of both of them the members shall choose one from amongst themselves, to the Chairman of the meeting. Quorum Five members of the Executive Committee present, in person, shall constitute the quorum. No quorum shall be required for an adjourned meeting. Determination of disputed questions Each member of the Executive Committee shall have one vote, All disputed questions at meetings of the Executive Committee shall be determined by vote of the members present and voting, provided that in case of equality of votes, the Chairman shall have a casting vote. Conduct of business by circulation Any business which it may be necessary for the Executive Committee to perform, except such as may be required to be placed before the Annual General Meeting of the General Body, may be performed by a resolution in writing circulated among all members, and any such resolution so circulated and approved by a majority of the members signing shall be as effectual and binding as if the resolution had been passed at a meeting of Executive Committee. Approval of proceedings The proceedings of all meetings of the Executive Committee and resolutions passed by circulation shall be submitted to the Chairman of the Executive Committee for approval, before these are issued. Scope Subject to the general control and supervision of the General Body, the Executive Committee shall generally pursue and carry out the objects of the Society as set forth in its Memorandum of Association. Functions The Executive Committee shall carry out generally the objects of this Society as set forth in the Memorandum of Association and shall be responsible for the management and administration of the affairs of the Society in accordance with these rules and the bye-laws made thereunder. Functions and powers i. ii. iii. The Executive Committee shall exercise all executive and financial power of the Society, subject to such directions, as may be issued by the Government of India and the General Body from time to time. in particular and without prejudice to the generality of the foregoing provisions, the Executive Committee shall have the power, subject to the provisions of these, rules and bye-laws framed thereunder to : 1. prepare and execute detailed plans and programmes for the furtherance of the objects of the Society; 2. consider the annual and supplementary budgets placed before it and pass them with such modifications as may be deemed necessary for being submitted to the General Body; 3. Approve annual report and audited accounts of the society for the adoption by the General Body (as amended by the General Body of CAPART in its meeting held on 03.09.2003) 4. Create posts and appoint such staff as may be required for the efficient management of the affairs of the Society and regulate the recruitment and conditions of their service, provided: i. Approval of the Government of India would be required for creation of posts the maximum of the scale of pay of which exceeds Rs.1600/- per months; ii. Appointment to a post carrying a maximum pay of Rs.2751/- or more per month shall require concurrence of Government of India; and iii. Prior approval of Government of India would be adoption of scales of pay, allowances and revision thereof , which are not identical to those adopted for corresponding posts as per the Central Government orders issued from time to time. 5. Receive and to have custody of the funds of the Society and manage the properties of the Society. 6. Incur expenditure, subject to provisions of the approved budget; 7. Enter for, and on behalf of the Society into agreements including those containing arbitration clauses; 8. Lay down terms and conditions governing scholarships, fellowships, deputations, consultancy, grant-in-aid, research schemes and projects; 9. Establish, maintain, amalgamate and/ or close institutions, laboratories, offices, hostels, etc.; 10. Enter into arrangements with the Government of India and through the Government with foreign and International agencies and organizations, the State Government and other public or private bodies, or organizations or individuals for securing and /or accepting grants-in-aid in terms of donations or gifts to the Society on mutually agreed terms and conditions provided that such terms and conditions shall not be contrary to or inconsistent with the objects of the Society or the policy of the Government of India. 11. Take over, acquire (by purchase, gifts, exchange, lease, hire or otherwise) from Government of India and through the Government from foreign and international agencies and organization, the State Governments and other public or private bodies or organizations or individuals, institutions, libraries, laboratories, museums, immovable properties, endowments or other funds together with any attendant obligations so that neither so that neither the transaction nor the terms and conditions where under it is concluded, is inconsistent with the objects of the Society or the policy of the Government of India. 12. To impose and recover fees and charges for the services rendered by the Society. 13. Appoint boards, Standing Committees, sub-committees and panels, consisting of persons who may or may not be members of the Society or employees of the Council, to deal with any demarcated area of operation including approval of projects, the composition of which and the upper financial limit of which shall be determined by the Executive Committee. In case of emergency, the Chairman shall have the power to appoint such boards, Standing Committees, sub- committees and panels. The Executive Committee may, by resolution delegate such administrative, financial and other powers to its Chairman, Standing Committee, Director General or any other officer of the Society as it may consider necessary and proper, subject, if deemed necessary, to the condition that action taken by them under the power so delegated, shall be subject to confirmation at the next meeting of the Executive Committee. CHAIRMAN Rule amended vide notification No.1-25011/19/97-PC dated 03.04.1998 Ministry of Rural Development. Chairman The Union Minister/ Minister of State (Independent Charge) in charge of the Ministry/ Department dealing with Council for Advancement of People’s Action and Rural Technology shall be the ex-officio Chairman of the Executive Committee’. (as amended vide notification No.1-25011/19/97-PC dated 19.08.2003 Ministry of Rural Development). Function and Power of Chairman i. ii. iii. iv. v. vi. vii. viii. ix. The Chairman shall see that the affairs of the Society are run efficiently and in accordance with the provisions of the Memorandum of Association, Rules and Regulations and bye-laws of the Society. He shall preside over the meetings of the Executive Committee. The Chairman may himself call or by a requisition in writing signed by him may require the Director General to call a meeting of the Executive Committee at any time. In case the votes for and against a particular issue are equal, the Chairman shall exercise his casting vote. The Chairman shall be the sole and absolute authority to judge the validity of the vote cast by members at all the meetings of the Executive Committee. The Chairman may in writing delegate such of the powers as he may consider necessary to the Director General. The Chairman shall be entitled to invite any other person to attend the meeting of the Executive Committee but such persons shall have no powers of voting. The Chairman may direct the Director General to call a special meeting of the Executive Committee at a short notice, in case of emergency. On all such matters as the Chairman thinks are of sufficient importance and urgency and cannot await being placed before the next meeting of the Executive Committee, and which he anticipates would get the approval or the Committee, the Chairman shall take decisions and place the same before the Executive Committee as its next meetings. Vice-Chairman i. ii. The Secretary to the Government of India of the Ministry/ Department which is the administrative Ministry/ Department and deals with the Society shall be the ex-officio Vice-Chairman of the Executive Committee. The Vice-Chairman shall exercise all powers and discharge such duties and responsibilities as may be delegated to him by the Chairman of the Executive Committee. In addition, Secretary, Department of Drinking Water Supply shall be the ex-officio second Vice-Chairman of the Executive Committee, (as amended vide notification No.1-25011/19/97-PC dated 14.01.2000 Ministry of Rural Development). Without prejudice to the provisions contained in Clause (A), the President may at any time appoint a person as the Second Vice-Chairman of the Executive Committee of the Society, who shall hold office during the pleasure of the President. The Vice-Chairman shall exercise such powers and discharge such duties and responsibilities as be delegated to him by the Chairman. (as amended vide notification No.125011/18/97-PC dated 22.12.1998 Ministry of Rural Areas & Employment, Krishi Bhawan, New Delhi). DIRECTOR GENERAL (amendment – 13-May-2013) The Director General shall be the principal Executive Officer of the Society. He shall be appointed by the Executive Committee, with the prior approval of the Government of India. He shall receive such salary and emoluments and will be governed by such terms and conditions of service as the Executive Committee may determine from time to time with the approval of the Government of India. Function and Powers i. Subject to any order that may be passed by the Government of India, and the other authorities of the Society, the Director General shall be responsible for : 1. the proper administration of the affairs and funds of the Society. 2. prescribing the duties of all employees of the Society. 3. exercising supervision and disciplinary control over the work and conduct of all employees of the Society. 4. Coordinating and exercising general supervision over all the activities of the Society. 5. Carrying out all acts required to institute, conduct, defend, compound or abandon and legal proceedings by or against the Society or otherwise concerning the affairs of the Society. (as amended of Rule 40 of the Rules of CAPART regarding functions and powers of DG, CAPART has approved by the Executive Committee in its meeting held on 27.03.1997). 6. To approve and authenticate the Annual Accounts of the Society for submission to Audit (as amended by the General Body of CAPART in its meeting held on 03.9.2003). ii. In the absence of the Director General on long leave, deputation in India or abroad or at the time of laying down office, arrangements to look after his duties may be made by the Chairman of the Executive Committee. iii. The Director General may in writing delegate such of his powers as he may consider necessary to any office below him of the Society. STANDING COMMITTEE Constitution There shall be a Standing Committee on Finance and Appointments and shall comprise the members of the categories specified below : i. ii. iii. iv. Director General - Chairman Joint Secretary in the Ministry/ Department, Government of India dealing with the Society Financial Adviser in the Ministry/ Department, Government of India dealing with the Society. Two members of the Executive Committee to be nominated by the Chairman. Power and Functions The powers and functions of the Standing Committee on Finance and Appointments shall be as follows : i. ii. iii. iv. v. vi. vii. viii. to scrutinize the accounts and the budget estimates of the Society and to make recommendations to the Executive Committee. to consider proposals for new expenditure on account of the major works and purchases and to make recommendation to the Executive Committee. to scrutinize re-appropriation statement and audited accounts and make recommendations thereon to the Executive Committee. to review the finances of the Society from time to time; to consider and lay down the qualifications and recruitment rules for the various posts in the Society; to advise the Society in all personnel matters including recruitments and promotions etc.; to recommend the policy with regard to such financial and personnel matters as may be referred to it by the Executive Committee; to give advice and make recommendations to the Executive Committee on any financial or administrative question affecting the affairs of the Society. REGIONAL COMMITTEE Constitution i. ii. The Executive Committee, as necessary, may constitute Regional Committee for the effective discharge of the functions of the Society; The geographic coverage of the Regional Committee and their functions may be determined by the Executive Committee. The Chairpersons of the Regional Committees shall be Director General/ Deputy Director General, CAPART. The constitution of the Regional Committee shall include the following categories of Members1. Director General/Deputy Director General, CAPART Chairperson-01 2. Voluntary Organization and Eminent Persons in the Voluntary Sector Member-10 3. Professional Institutions working in the Voluntary Sector. Member-02 4. Secretary (RD) of the State Government in the Region or his Nominee to represent each State/UT in the RC Zone. Member 5. Member Convenor (as amended vide notification No.1-25011/19/97-PC dated 08.10.2004 Ministry of Rural Development). FUNDS OF SOCIETY The funds of the Society shall consist of the following : i. ii. iii. iv. v. Grants made by the Central Government or any State Government; Donations and contributions from other sources including agencies of foundations from abroad and international agencies like the constituents of the united Nations; Fees and charges imposed by the Society for services rendered by it; Income from investments; and Income and receipts from other sources; The Society may in pursuant to its objects : i. ii. iii. iv. Invest and deal with funds and monies of the Society; Borrow and raise monies on mortgages, promissory notes or other securities funded or based upon all or any of the properties and assets of the Society or without any securities; Draw, accept, make, endorse, discount and deposit Government of India and other promissory notes, bills of exchange cheques or other negotiable instruments; Create reserve funds, sinking fund, insurance fund or any other special fund whether for depreciation, repairs, improvement, extension or maintenance of any of the properties or rights of the Society and/ or for recouping wasting assets and for any other purposes for which the Society deems it expedient or proper to create or maintain any such fund or funds. Property and income of the Society i. ii. iii. iv. All properties of the Society-movable or immovable shall rest in the Society and shall be administrated by the Director General within the parameters set by the Society in its general meeting or otherwise as directed by the Government of India. The Society may purchase, hire lease, exchange or otherwise acquire property movable or immovable, tangible or intangible (including copy rights, patents and intellectual properties) which may be necessary or convenient for purchase of the Society and construct, alter and/ or maintain such buildings and works as may be necessary for carrying out the objects of the Society. The Society may sell, hire, lease, exchange or otherwise transfer or dispose of all or/any property, movable or immovable, of the Society, provided that for the transfer or immovable property approval in writing of the Government of India is obtained. The income and property of the Society, however, derived, shall be applied towards the promotion of the objects as set forth in the memorandum of Association subject nevertheless, in respect of expenditure of grants made by the Government of India may from time to time give. No portion of the income and property of the Society shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise, howsoever by way of profit to persons who at any time are or have been members of the Society or to any of them, or to any persons claiming through them, provided that nothing herein shall prevent the payment in good faith of remuneration to any member or other person in return for service rendered to the Society or for traveling allowance, halting allowance and other similar charges. Bankers i. ii. iii. The bankers of the Society shall be any scheduled/ nationalized bank. All funds shall be paid into the Society’s accounts with the aforesaid bankers and shall not be withdrawan except by cheque signed by the Director General or by such officer of the Council as may be duly empowered in this behalf by the Chairman of the Executive Committee. Unless otherwise authorized by the Chairman of the Executive Committee or the Director General, no new accounts shall be opened. AUDIT OF ACCOUNTS Procedures i. ii. iii. iv. The Council shall cause regular accounts to be kept of its money and properties. The accounts shall be maintained in such form as may be prescribed by the Executive Committee. The accounts of the Society shall be audited annually by the Comptroller and Auditor General of India or by any person authorized by him in this behalf and any expenditure incurred in correction with such audit shall be payable by the Society to the comptroller and Auditor General of India. The Comptroller and Auditor General of India and any person appointed by him in connection with the audit of accounts of the Society shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor General of India has in connection with the audit of the Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other necessary documents and papers. The results of audit shall be communicated by the auditor to the General Body of the Council, who shall submit a copy of the audit report along with its a observations to the Ministry/ Department of the Government of India, dealing with the Society. The auditor shall also forward a copy of the report direct to the Ministry/ Department of the Government of India dealing with the Society. ANNUAL REPORT Procedures The Annual Report of the working of the society together with the audited accounts and Audit Report shall be approved and recommended by the Executive Committee for adoption by the General Body of the Society. The Audit Report alongwith the audited accounts of the Society duly adopted by the General Body shall be sent to Ministry of Rural Development for placing before both Houses of Parliament (as amendment approved by the General Body of CAPART in its meeting held on 03.9.2003) AMENDMENTS Alternation or Extensions of the Purpose of the With the approval of the Government of India, the Society may alter, extend or abridge the purpose for which it is established, or to amalgamate the Society either wholly or partly with any other Society in accordance with the provisions of the Societies Registration Act,1860, as applicable to Delhi. Alternation of amendment of Rules The Rules of the Society may at any time be altered by the Government of India on its own or with its sanction by resolution passed by a majority of the members of the Society present and voting at a meeting of the Society convened for the purpose. Change of name of Society The Society may change its name by a resolution passed by majority of the members of the Society present and voting at a meeting of the Society convened for the purpose, subject to confirmation of the new name by the Government. Change in nomenclature of Ministries etc. As and when there is any change in the nomenclature of Ministry/ Ministers, Department (s) Institutions (s) and designation (s) mentioned in the Rules, such change (s) shall automatically stand incorporated in these Rules. Winding up or dissolution of the society If, on the winding up or dissolution of the Society, there shall remain, after the satisfaction of all its depts. and liabilities, any property whatsoever the same shall not be paid to, or distributed among, the members of the Society or any of them but shall accrue to Government of India by escheat. MISCELLANEOUS Indemnity Every officer of the Society shall be indemnified out of the funds of the Society against all losses and expenses incurred in the discharge of his duties except such as shall happen through its own neglect, willful act or default and such one shall be answerable only for his own acts, neglect or defaults and not for those of any other person. Submission of Annual List of Members to Register Once in every year a list of members of the Government Body shall be filed with the Registrar of Societies required under Section 4 of the Societies Registration Act, 1860. Legal Proceedings The Society may use or be used in the name of the Director General as per provisions laid down under Section 6 of the Societies Registration Act,1860. Applicability of Societies Registration Act, 1860 All the provisions of the Societies Registration Act,1860 (Punjab Amendment Act 1957) as extended to the Union Territory of Delhi will apply to this Society. Dissolutions In case, if necessary, the Society can be dissolved as per the provisions laid down under Sections 13 and 14 of the Societies Registration Act, 1860. Certified that this is the Correct copy of the Rules and Regulations of the Society. Sd/(D. Bandvopadhyay) Sd/( T. Balakrishnan) Sd/( J.C.Jetli)
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