Legal Document of CFO-NepalHis Majesty's Government Ministry of Home Affairs DISTRICT ADMINISTRATION OFFICE Kathmandu
Regd. No. 841 Date - 2060-1-19
(2 May, 2003)
CERTIFICATE
To,
The Chairman
Children's Future Organization, Nepal, 2060
Ward No. 16
Kathmandu Municipal Corporation.
This certificate is hereby given upon getting registered the Organization named Children's Future Organization, Nepal pursuant to Section 4 of the Association Registration Act, 2034 (1976) on 2060-1-19 (2 May 2003).
Signature of Local Authority - Sd.
Full name:-
Designation -Administrative Officer
Office -
Date: - 2060-1-19(2 May 2003)
Note - This certificate shall have to be renewed within each fiscal year.
CHILDREN'S FUTURE ORGANIZATION (CFO-NEPAL), 2003
Preamble: In order lo develop, rising up, rehabilitate, protect and promotion of the helpless, parentless and poor children living in the Kingdom, of Nepal and to awake public awareness by conducting result oriented programme as well as with an auspicious objective to prepare healthy, virtuous and patriotic citizen upon awakening positive feeling in the citizen and establishing healthy environment and children's society free from suppression;
Now, therefore, in order to conduct the Organization named Children's Future Organization in a smooth manner upon its establishment, this Statute has been framed and commenced to that effect.
CHAPTER-1Preliminary:
1. Name of the Organization: (The) Children's Future Organization Nepal, 2060 (2003) shall be the name of this Organization and it shall be cited as CHILDREN'S FUTURE ORGANIZATION (CFO-NEPAL), 2003 in the English language.
2. Address of the Organization: The Head Office of this Organization shall be located at Balaju, Ward No. 16, Kathmandu Municipal Corporation, Kathmandu District and other branch offices may be opened upon the approval of the local authority, as per necessity.
3. Commencement: This Statute shall come into effect upon the approval of the local authority as per the prevailing law.
4. Working Scope: The working scope of the organization shall be extended to the
whole of the Kingdom of Nepal.
5. Affiliation: This Organization may be affiliated with the Social Welfare Council and also with other agencies legally recognized.
6. To be as per the prevailing law: The provisions as mentioned in this "Statute shall be under the Association Registration Act, 2034 (1977) and other prevailing Nepal laws. This Association shall carry out its function within the perimeter of policy directions of his Majesty's Government of Nepal.
7. Existence of the Organization: This Organization shall be an autonomous, corporate body, non profit making, and non-political social organization having perpetual succession.
8. Organization to be as a person: This organization shall be like a person. It may sue against any person and it may be sued by any one.
9. Seal and logo of the Organization: The Organization shall have a separate seal and logo, which shall be as determined by the Executive Committee
CHAPTER -2
Definitions:
1. "Organization" means the Children's Future Organization, Nepal.
2. "Committee" means Executive Committee to be formed according to this statute.
3. "Act" means the Association Registration’ Act, 2034 (1977).
4. "Rules" "Bv-laws' means the Rules, By-laws of the organization framed under this
statute.
5. "Office Bearer" means the Office Bearers of this Association.
6. "Chairman" "Vice Chairman", 'Genera! Secretary' and Treasure' means Chairman,
Vice Chairman, General Secretary and Treasure of the Organization.
7. Local Authority' means the Chief District Officer.
8. "As prescribed" means as prescribed in the Rules, By-laws framed under this Statute.
9. "Meeting" means the Meeting under this Statute
CHAPTER-3Objectives:
(a) To protect and rise-up poor, helpless, parentless and suppressed children of the
Kingdom of Nepal.
(b) To conduct necessary programmes for the protection and rising up the children's group deprived of the basic facility.
(c) To conduct public awareness and education oriented programmes in order to protect the Children.
(d) To open branch, sub-branch offices of the organization in order to attain the
objectives of the organization.
(e) To establish relation and necessary coordination with national as well as international organizations having similar objectives by making contact with them.
(f) To purchase movable or immovable property as required for the organization, to exchange such property fully or partly, to make, to sell or distribute or to arrange to take or give on lease.
(g) To operate children's organization within the perimeter of the prevailing Act and laws and apply for necessary recommendation to the concerned agencies for the procedure to give the children depended in such children's Organization for adoption eligible for the same.
(h) To eradicate child exploitation and conduct children's development programmes like the protection of children's rights.
(i) While conducting the programmes by this Organization, the same shall be conducted upon obtaining the prior approval of the District Offices of the concerned agencies as per the approved national programme policy of the concerned agency.
CHAPTER -41. Qualifications for the membership:
(a) Nepali citizen.
(b) Having attained the age of 16 years.
(c) Having not mismanaged the amount of other organizations.
(d) Having not convicted in criminal offences.
(e) Having home within the working scope of the organization.
2. Types of membership:
(a) Ordinary member- Rs. 100/- for entrance and Rs. 50/- for renewal.
(b) Founder member
(C) Life long member - This membership shall be given to them,
Who provide Rs. 10,000/~ to the organization.
(d) Honorary member.
3. All members shall abide by the provisions as mentioned in this statute.
4. Disqualification for the Membership: The persons, having the following
condition shall be disqualified for the membership:
(a) Who has convicted in the criminal offence involving moral turpitude.
(b) Who is mentally disordered.
(c) Who has mismanaged the movable or immovable property of the
organization.
(d) Who has the conduct against the objectives of the organization.
(e) Who has involved in the activities directed against the prestige of the Organization or has tried him to do so.
(f) The decision of the Executive Committee regarding the qualification or disqualification of any person to become a member shall be final.
(g) Who has not attained the age of 16 years.
(h) Who is not a Nepali citizen.
6. Termination of membership:
(a) in case of denunciation of Nepalese Citizenship.
(b) if proved that one has lost his mental order.
(c ) if one has gone to another place for habitat leaving the working scope of the organization.
(d) if one resigns
(e) if one fails to renew the membership.
(f) if one has acted against the policy of the organization.
CHAPTER -5General Assembly, Executive Committee and other Committees:
1. Formation of the General Assembly:
(a) The General Assembly shall be the supreme body of this organization and the following members shall be the members of this Assembly.
(1) Members of the Executive Committee.
(2) All ordinary Members.
(3) Life long Members.
2. Session of the General Assembly:
(a) The Session of the General Assembly shall be held once in a year at the place and time as prescribed by the Executive Committee. Provided, however, that the Extra Ordinary General assembly may be held at any time if the Executive Committee convinces the same or 51 per cent of members demand, in writing.
(b) The Executive Committee shall have to inform the date and place of such General Assembly before 35 days of holding the meeting. In the case of extra ordinary General Assembly such information shall have to be given at least 7 days in advance through the means of public communication.
3. Functions, duties and powers of the General assembly: The functions, duties and powers of the General Assembly shall be as follows -
(a) To elect seven members of the Executive Committee including Office Bearer from amongst the members of its Assembly.
(b) To approve annual report on income and expenditure and audit
report presented by the Executive Committee.
(c) To adopt the programme and budget for the upcoming fiscal
year and deliver decision on other subjects of agenda upon
holding discussion on them.
(d) To appoint auditor.
(e) To carry out all other necessary works.
4. .Formation of the Executive Committee:
(a) For the conduction of day-to-day work of the "Children's Future, Organization Nepal", there shall be an Executive. Committee comprising of maximum 7 (seven) persons, Including the Chairman.
(b) The election of the Chairman and other six members shall be held from the ordinary and life long Members.
(c) The following posts shall be in the Executive Committee:
(1) Chairman - 1
(2) Vice-Chairman - 1
(3) General Secretary – 1
(4) Treasurer - 1
(5) Directors- 3
(d) the tenure of office of the Executive Committee shall be 2 years.
5. Functions, duties and powers of the Executive Committee:
(a) To implement or cause to be implemented the resolutions adopted by the General Assembly.
(b) To gain movable or immovable property o'- transfer own rights on the property in any manner.
(c) For the attainment of the objectives of the Organization to enter into agreements with any person or organization/ institutions subject to the prevailing laws.
(d) To interpret the Statute.
(e) To carry out all works relating to the organization.
(f) To receive the service (native) of the manpower on remuneration, contract or any other manner in the course of implementing the programmes as per the objectives of the Organization and determine conditions of their service, facility and remuneration, to appoint or dismiss them.
(g) In order to uplift the life and educational standard of the children depended on the Organization, it is necessary to arrange their permanent habitat, to request with His Majesty's Government for necessary land to construct homes for them.
6. Meeting of the Executive Committee:
(a) The meeting of the Executive Committee shall be held as per the direction of the Chairman at least four times in a year with an interval of not exceeding three months generally.
(b) The Members shall be informed, about the Meeting of the Executive Committee, seven days in advance, indicating the date and place of the Meeting.
(c) Fifty one per cent of Members shall constitute the quorum of the Meeting of the Executive Committee.
(d) The Extra-ordinary Meeting of the executive Committee may be convened upon the written request of two third Members of the Executive Committee or if the Chairman deems it necessary.
7. Other Committees:
The Executive Committee may constitute other committee, sub-committee, as per necessity, and being within the perimeter of the statute.
CHAPTER - 6(A) Chairman
1. To represent or cause to be represented on the act and actions of the "Children's Future Organization, Nepal, 2003".
2. To implement or cause to implement the decisions made by the General Assembly and the Executive Committee.
3. To look after, protect and control all properties of the Association.
4. To allocate work to the Office Bearer, Members and employees and direct them.
5. To decide on necessary matters in the absence of Meeting of the Executive Committee. Provided, however, that such decision shall have to get approved from the Meeting of the Executive Committee.
6. In the case of tie in any voting, the chairman shall exercise his casting vote.
7. To carry out al other function in the interest of the Association.
(B) Vice Chairman:
1. To carry out functions as delegated by the Chairman in written form.
2. To carry out all function of the Chairman to be carried out by the Chairman in his absence.
3. Cause to implement the direction of the Executive Committee.
(C) General Secretary:
1. To convene the Meeting of the General Assembly and Executive Committee as directed by the Chairman.
2. To look after, control, give direction on the day-to-day administrative work of office and make correspondences.
3. To appoint and remove any employee upon the approval of the Executive
Committee.
4. To prepare the agenda of Meeting of the General assembly and Executive Committee, publish notices and maintain the minute book of the Meeting.
5. 'I o submit annual report and programme for the forth coming year in the General Assembly.
6. To carry out all other works in the interest of the Organization.
(D) Treasurer -
1. To maintain the accounts of the Organization as determined by the Executive Committee.
2. To submit the financial details to the Executive Committee.
3. To take the liability of all subjects relating the financial administration.
4. To operate bank account with the fund of the Organization in any bank of Nepal.
5. To submit the annual financial report and budget of income and expenditure of the upcoming fiscal year of the Organization to the General Assembly.
(E) Member –
1. To take active participation in the meeting of the Executive Committee.
2. To play creative role in the work of the Organization.
CHAPTER -7 1. Fund :
There shall be a fund having all movable and immovable property of the Organization.
The account of, which shall be maintained up-to-date in the format, prescribed by the prevailing law.
2. Financial resources:
The financial resources of the organization shall he as follows:-
(a) Membership fee.
(b) Income from the movable and immovable property.
(c) Donation and gift.
(d) Grant received from His Majesty's Government or international Organization/institutions.
(e) Amount to be received from the Social Welfare Council.
(f) Miscellaneous amount.
(g) While receiving foreign assistance, the prior approval of His Majesty's Government shall be obtained.
(h) For the Financial continuation 5% of the annual budget shall be deposited in the revolving fund.
3. Details of movable and immovable property;
The financial details shall have to be kept up-to-date in the format as prescribed and as per the prevailing laws and rules and the details of the movable and immovable property shall have also to be kept up-to-date.
4. Operation of hank account:
(a) The amount received from the resource as mentioned in Chapter 7(2) shall be deposited in any local bank in the name of the Organization.
(b) The operation of the main fund maintained as per sub-article (a) above shall be done with the counter signature of two persons out of Chairman, General Secretary and Treasurer. Provided, however, that the signature of the Treasurer shall be mandatory.
5. Audit:
The audit of each fiscal year shall be carried out within 2 months of the expiry of each fiscal year by an auditor recognized by His Majesty's Government and the report thereof shall be sent to the Local Authority Social Welfare Council and other agencies.
CHAPTER -8Miscellaneous:
1. Election procedure:
(a) The election of all level shall be carried out through the secret ballot.
(b) The returning officer for the election of the Executive Committee shall be appointed by the executive Committee itself.
(c) The decision made by the Returning Officer on the matters of election shall be final.
(d) The national convention of the organization shall be held once in two years. The function of such convention shall be like the function of annual General Meeting and also to hold the election of the Executive Committee.
(e) The convention shall adopt the long term plan of the organization.
(f) The election of the Executive Committee shall be duly held with in 6 months of registration of the organization and information there of shall be given to the Local Authority.
2. Disqualification to become a candidate in the election:
The following persons shall be disqualified to become a candidate in the election -
(a) No one can be a candidate of the executive Committee until the attainment of a period of two years of his obtaining the membership.
(b) In order to become a candidate to the post of Chairman one has to work in any post of the executive Committee for an entire term of office.
(c) No member shall obtain the right to vote in the election of the Executive Committee until he has worked the prescribed term.
3. No confidence motion:
(a) No-confidence motion against any member of the Executive Committee or committee may be tabled in the General Assembly and Meeting of the Executive Committee by 33 per cent of members.
(b) No motion can be brought within six months of holding election.
(c) The member against whom the motion has been brought shall be notified, in writing; prior to at least one week such member shall not be deprived to submit explanation on the motion.
(d) The motion shall not be adopted unless two third of members of the total number of members have voted for the motion.
(e) If the no-confidence motion has been adopted the concerned Executive Committee or member shall be ipso facto ineffective.
(f) If 60 per cent of members out of total number of members of the concerned meeting have not put their signature unto the motion, such motion shall not be tabled.
(g) While making discussions on the motion brought against the Chairman the Vice-chairman or the member selected by the Meeting shalhpreside over the meeting.
(h) The presence of three fourth va members is mandatory in the meeting or Assembly convened to discuss on no-confidence motion
4. Amendment to the Statute :
(a) The power to recommend for the amendment of the matters written in this Statute shall be vested on the member of the Executive Committee.
(b) If it is require presenting the proposal to recommend the amendment to the Statute, a written proposal to that effect shall have to be submitted to the Executive Committee before 60 days of holding the Meeting of the annual General Assembly. The Executive Committee shall have to send such proposal for amendment, with its opinion, to the members in writing before 35 days, at least, of sitting of the annual General assemble.
(c) The amendment shall be effected if the same has been adopted by two third majority of the annual General Assembly of the Organization.
(5) Dissolution of the Organization:
(a) If third fourth members of out of all members of the General Assembly fell that there is no need of the Organization, the same may be dissolved.
(b) After such dissolution all movable and immovable property of the Organization shall be transferred to any; agency as prescribed, by the laws of the Country.
(6) Ineffectiveness:
The matters written in this Statute shall be ineffective to the extent of inconsistency with the prevailing laws.
(7) The Organization shall carry out all acts written in this Statute without making prejudice with the prevailing Nepal law and being within the perimeter of policy directions of His Majesty's Government.
(8) Interpretation:
The Executive Committee shall have the ultimate right to interpret this Statute.
(9) Secrecy to be maintained:
No any member, Office bearer shall have the right to disclose the secrecy of the Organization.
(10) This Organization shall have to operate its works being totally separate from any political activity.
(11) Right to frame Rules:
In order to implement the objectives of this Statute, the Executive Committee may frame the rules. Such rules shall come into effect after the approval from the Local Authority.
(12) Observance of Direction:
To obey the directions given by the Local authority shall be the main duty of the Organization.
(13) Ad Hoc Committee:
Details of the Office bearer of the ad hoc Committee
S.N. Name, surname Designation Signature
1. Ramesh Prasad Dhamala Chairman Sd.
2. Ghanashyam Rimal Vice-Chairman Sd.
3. Bhagawan Kumal Treasurer Sd.
4. Thakur Simkhada Secretary Sd.
5. Khum Prasad Simkhada Member Sd.
6. Kamala Bhusal Member Sd.
7. Dor Prasad Bohara Member Sd.
Statute approved on 2060-01-19 ( 2 May, 2003)
