Approved On 2064-6-27 (Oct. 14, 2007)

Sd.

Statute of NEPAL ENVIRONMENTAL EDUCATION PROJECT 2064 (2007)

Preamble:

Although Government of Nepal and Non-governmental organizations are carrying out business relating to environment, substantial work has not been done in this field. Therefore, this Statute of the Nepal Environmental Education Project, 2064 (2007), has been framed pursuant to Association Registration Act, 2034 B.S. (1977 A.D.), which is an organization of non-political persons who are not affiliated to any political party and organization bearing in mind the necessity of developing economic, social, educational and environmental aspects of the local community by uniting and organizing them.

Chapter -1

Preliminary

1. Title of the Association:

This Association may be cited as "the NEPAL ENVIRONMENTAL EDUCATION PROJECT"  which shall be called "NEEP" in short.

a. Address of Office of the Association:

The Central Office of this Nepal Environmental Education Project Association shall be located at Ward No. 29, Kathmandu Municipal Corporation, Kathmandu District.

b. Working Area of the Association:

Working area of this Nepal Environmental Education Project Association shall be the Kathmandu Municipal Corporation. Works may be carried out at any place of the Kingdom of Nepal having obtained approval from the Local Authority of the districts concerned as required.

c. Commencement:

This Statute shall come into force from the date of registration of the Association.

d. Existence of the Association:

This Association shall be a body corporate with perpetual succession which shall be a non-profit making, non-political, non-governmental social organization. No any income generating work or any consultancy with or without fee shall be carried out except the objectives of the Association.

2. Definition:

Unless the subject or context otherwise requires. in this Statute:-

(a) "Association" means an Association named Nepal Environmental Education Project, 2064 (2007).

(b) "Committee" means the Working Committee to be constituted pursuant to this Statute.

(c) "Act" means the Association Registration Act, 2034 (1977).

(d) "Rules, Bye-laws" means Rules, Bye-laws, to be framed under this Statute.

(e) "Office-bearers" mean the Office-bearers of this Association.

(f) "Chairperson, Vice Chairperson, Secretary, Treasurer, Member" means the Chairperson, Vice Chairperson, Secretary, Treasurer, Member of the Association.

(g) "Local Authority" means the Chief District Officer.

(h) "Prescribed or as Prescribed" means prescribed or as prescribed in this Statute or in the Rules or the Bye-laws framed under this Statute.

(i) "Meeting" means the General Meeting under this Statute.

3. Seal and Logo of the Association:

There shall be a separate seal and logo of this Association not being contrary to the prevailing system. The seal and logo shall be in the format as prescribed in the Annex. Provided, however, that the seal and logo shall be changed immediately by way of amendment, if it is similar to a seal or logo of any association previously registered.

Chapter - 2

4. Objectives of the Association:

(a) This Association shall be a non-profit making, welfare and social organization.

(b) To provide assistance for upliftment of life of orphan children.

(c) To develop awareness for maintaining clean environment.

(d) Special attention shall be given for upliftment of life of poor and intelligent students.

(e) To provide service to helpless and poor sector or the society having coordination with governmental and non-governmental organizations as well as with international non-governmental organizations.

(f) This Association shall extend services to the victims of natural calamites as per its capacity.

(g) This Association, while carrying out its activities, shall obtain approval from the concerned bodies and having cohesion with the policies and programmes of National Planning Commission and in coordination with the district level offices.

(h) To provide primary health service and non-formal education having obtained approval from the concerned bodies.

(i) To create awareness on income generation to make the local people economically strong.

(j) To make effort for the academic, moral economic, physical, social and cultural development of local women.

(k) To resolve the activities against women and create awareness for women rights.

5. Acts to be carried out to Attain the Objectives of the Association:

The Association shall carry out the following acts to attain the aforesaid objectives:-

(a) The Association shall carry out the above mentioned objectives only after obtaining permission or license for the concerned bodies as per the prevailing laws.

(b) To construct buildings, purchase office goods such as computers, telephone, typewriter etc. purchase transport vehicles required for the Association or to take on rent and use them.

(c) To appoint employees necessary for the company and determine terms and conditions of their services.

(d) To operate bank accounts having deposited the amount received in the name of the Association.

(e) In case any dispute arises, it shall be resolved on the basis of mutual consent as per this Statute.

Chapter -3

Membership

6. Classification of Membership:

The Membership of this Association shall be of 4 types as follows:-

a. Ordinary Members:

If any Nepali citizen having qualification as referred to in Section 7 applies for membership under the prescribed procedures, such persons shall be the ordinary members of the Association.

b. Founder Members :

The Office-bearers at the time of registration of this Association shall be the founder members. The founder members shall have to obtain ordinary or life membership by paying fee pursuant to the Statute.

c. Honorary Members:

Honorary membership of the Association may be awarded to a distinguished social worker and distinguised Nepali citizen as deemed appropriate, provided that there shall be no voting right of such honorary members.

d. Life Members:

Life membership shall be awarded to those persons who make special contribution for the development of the Association subject to the prescribed procedures.

7. Necessary Qualification for obtaining membership:

Following qualification shall be required to be a member of this Association:-

a. A Nepali citizen having attained 18 years of age.

b. A person not being convicted in any criminal offence involving moral turpitude.

c. A person not being mentally disordered.

d. A person not being disqualified by any other law.

e. A person not being charged of an offence of embezzlement of property of any other Association.

8. Circumstance under which no Membership of the Association may be obtained or may remain Valid :

(1) No person may be appointed as a member of the Association in the following circumstances:

a. A person who has not attained 16 years of age.

b. Mentally disordered.

c. Insolvent.

d. Within one year of being convicted from a court of law in any theft, deception, forgery or fraud or unauthorized spending or misuse of money of own custody or corruption.

e. A person having personal interest in the business of the concerned association.

f. If one dies.

g. If Membership is not renewed.

i. If one renounces membership by a written notice.

9. Termination of Membership:

1. A person shall not remain as a member of this Association in the following circumstances:-

a. If one can not obtain membership of the Association pursuant to Section 8 of this Association.

b. If a proposal in respect of removing anybody from the membership of the Association in passed by a majority of 75 percent members of the Association,

c. If a resignation tendered from the post of a member is approved,

d. If any matter of dishonesty or malafide intention towards the Association is proved by a court of law.

e. If any function, which is not allowed to be carried out by the Association, is carried out.

f. If the Association is dissolved.

2. An opportunity to defend him/herself shall be given before disqualifying a person to be appointed to the post of a member or to remain as a member.

10 Membership fee and procedure to issue Membership:

The Members referred to in Section 6 of this Statute may acquire membership by paying the following fee :

1. Founder Members:

a. The office bearers of the Ad-hoc committee at the time of registration of the Association shall be the founder members.

b. The founder members may obtain ordinary membership or life membership by paying a fee as prescribed in this Statute.

2. Life Members:

Life membership may be awarded by the decision of the Working Committee to those persons who pay Rs. 8,000/- (eight thousand) to the Association in lump sum.

3. Ordinary Members:

a. A person willing to be an ordinary member may obtain ordinary membership by paying Rs. 500/- (five hundred rupees) as entrance fee and Rs. 300/- (three hundred rupees) as annual fee as per the decision of the Working Committee.

b. Such members shall have to pay Rs. 250/- (two hundred and fifty) for renewal fee.

c. The ordinary members shall have to renew their membership by the end of the month of Ashwin of each year. Thereafter, the membership may by renewed by paying a fee as prescribed.

4. Honorary Membership:

Honorary membership may be awarded to social workers and distinguished Nepali citizens having contribution in social work and racial upliftment, as deemed appropriate by the decision of the General Meeting. Provided, however, that an honorary member shall not have a voting right.

5. If any applicant is denied to issue a membership, a notice thereof shall be given to such an applicant.

6. All the members of this Association shall have to observe the provision of this Statute and rules and bye-laws frame under this Statute.

7. Separate records of the membership granted by the Association as referred to in sub-sections 1, 2, 3 and 4 shall be maintained in a format as prescribed.

Chapter - 4

Provision relating to General Meeting and Meetings

11. Formation of General Meeting :

1. The General Meeting of this Association shall be comprised of the members obtaining membership pursuant to Section 7 of the Statute except the honorary members. The honorary members shall be regarded as invited members. General Meeting shall be the supreme body of the Association.

2. General Meeting of this Association shall be as follows:

a. Annual General Meeting: The Annual General meeting shall be held once in a year.

b. Extra-ordinary General Meeting: If one-fourth Members of the total Members of the Association made a submission along with the reason to convene the Extra-ordinary General meeting, the Working Committee must compulsorily convene the Extra-ordinary General meeting within seven days. Provided, however, that Extra-ordinary General meeting shall not be reconvened within six months of holding the General Meeting or the Extra-ordinary General meeting.

3. The first Annual General Meeting shall be held within two months after expiry of fiscal year when this Association is established; and the subsequent Annual General Meetings shall be held within two months after expiry of fiscal year.

4. A notice indicating time, date, venue and agenda shall compulsorily be given to all the Ordinary Members in advance of at least 15 days for holding the Annual General Meeting and in advance of at least 7 days for holding the Extra-ordinary General Meeting.

5. In case of failure to hold the General Meeting and the Extra-ordinary General Meeting convened pursuant to sub-section (4) because of lacking quorum as referred to in Section 18 of this Statute, the General Meeting shall be reconvened by giving time for at least seven days.

6. Minute-books for the General Meeting and the Extra-ordinary General Meeting shall be separately maintained.

12. Functions, Duties and powers of the General Meeting: Functions, duties and powers of the General Meeting shall be as follows:

a. To approve plans, programmes and annual budget submitted by the working committee.

b. To approve annual audit report received from the auditor, having discussed on it and to disuses on the irregularities pointed in the audit report and give directions to the working committee to recover such amount of money that cannot be regularized.

c. To appoint auditor for the following year and fix his/her remuneration.

d. To give necessary directions to the working committee having evaluated annual work progress report of the Association and the functions carried out by the Association.

e. To hold election of the office-bearers of the working Committee subject to the procedures under this Statute when the term of office of the office-bearers of this Association is completed.

f. To approve amendments to the Statute, rules and bye-laws of the Association.

g. To award honorary membership.

h. To approve the functions carried out by the working committee for the interest of the Association keeping their suitability in mind.

i. To give approval for the position of the employees, remuneration, allowances and other facilities to be borne by its own resources as submitted by the working committee as required.

13. Formation of the Working Committee:

(a) A Working Committee comprising of 7 office-bearers as follows shall be constituted by election from among the members of the General Meeting:

1. Chairperson 1

2. Vice-chairperson 1

3. Secretary 1

4. Treasurer 1

5. Members 3

(b) The term of Office of the Working Committee shall be of 2 years.

(c) If a post of any Member of the Working Committee falls vacant prior to holding the Annual General Meeting, the Member of the Working Committee may be nominated by the Working Committee for the remaining term. The term of office of the Member so elected for the said post shall be only for a remaining term of the member whose post falls vacant.

(d) The Chairperson shall convene the meeting of the Working Committee as per necessity. Provided, however, that, if 51 percent of Members of the Office-bearers of the Working Committee made a submission to convene the meeting, the Chairperson must convene the meeting of the Working Committee immediately.

(e) A Member shall have to present is person in the meeting of the Working Committee.

(f) The meeting of the Working Committee shall not be held unless 51% Office-bearers of the total number of the Office-bearers of the Working Committee are present.

(g) The Chairperson shall preside over the meeting of the Working Committee and in the event of his/her absence, the Vice-chairperson shall and in the event of his/her absence also, a Member selected from amongst themselves shall preside over the meeting.

(h) The decision of majority votes shall prevail in the meeting of the Working Committee; and in the case of a tie, the Chairperson shall exercise the casting vote.

(i) Agenda discussed at the meeting of the Working Committee shall be recorded in a separate minutes book and at least 51 percent of the Members present must sign the said minutes.

(j) Notwithstanding anything contained in the aforesaid sub-sections, if all the Office-bearers of the Working Committee agree in writing on the activities under its jurisdiction, such activities may be carried out without meeting by recording such an agreement in the minutes book. The agreement as above shall be regarded as the decision of the Working Committee.

(k) All the acts to be carried out by the Association shall be carried out by the decision of the Working Committee.

14. Functions, duties and powers of the Working Committee:

1. To prepare annual programs and estimated budget for the following year and submit to the General Meeting.

2. To implement or cause to be implemented the decision made by the General Meeting by observing the provision of the Statute.

3. To operate the programs those are beneficial to the Association.

4. To be accountable to the General Meeting.

5. To make maxim utilization and use of the available resources to attain the objectives of the Association.

6. To make work plans, collect resources to carry out the functions of the Association and to implement or cause to be implemented.

7. To cause to keep the fund and assets of the Association in a safe manner and to operate bank account having opened it.

8. To make rule relating to terms and conditions as well as facilities of the employees of the Association and enforce the same causing it approved from the General Meeting.

9. To constitute advisory committees, other committees, sub-committees from among the appropriate persons and allocate their functions as required during their term of office.

10. To play leadership role of the Association.

15. May Quit Position:

The Chairperson may quit his/her position by tendering resignation to the working committee through the Vice-chairperson and the Vice-Chairperson and other members may quit their respective positions by tendering resignation to the Chairperson.

16. Other Committees:

1. The Working Committee may form other committees or sub-committees to carry out the functions of the Association subject to the provisions of this Statute, as requirements. Provided that such committees or sub-committees shall have caused to be approved from the General Meeting.

2. Functions of the sub-committees shall be as prescribed by the Working Committee.

Chapter - 5

Functions, Duties and Powers of the Office-bearers

17. Functions, duties and powers of the Office-bearers:

Functions, duties and powers of the Office-bearers of the Working Committee shall be as follows:

1. Chairperson:

a. To preside over the meeting of the Working Committee and the General Meeting, to conduct meetings.

b. To exercise a casting vote in case of even division of votes in any matter.

c. To represent or cause to be represented on behalf of the Association or against the Association.

d. To allocate functions to other office-bearers and members.

e. To certify records.

f. To give leadership to the Association.

g. To make efforts to implement the policies and programmes of the Association and cause to keep the account of movable and immovable property of the Association upto date.

h. To give direction to the secretary to call meetings of the Association.

2. Vice-Chairperson:

a. To assist the Chairperson

b. To fulfill other responsibilities as prescribed by the Chairperson.

c. To carry out functions of the Chairperson in his/her absence.

3. Secretary:

a. To look after and operate secretariat of the Association.

b. To call meetings as per the direction of the Chairperson.

c. To keep the records safely.

d. To fulfill other responsibilities assigned by the Chairperson.

4. Joint Secretary :

To carry out the functions of the Secretary in his/her absence.

5. Treasurer:

a. To safeguard and operate fund of the Association.

b. To submit annual programmes and budget to the General Meeting.

c. To keep the account up-to date.

d. To cause to have annual audit regularly.

6. Members:

a. To take active part in the meetings of the committee.

b. To play creative role in the activities of the Association.

18. Quorum:

No business of the General Meeting shall be conducted unless 60 (sixty) percent Ordinary Members of the total number of Members are present. Provided, however, that there shall be no obstruction to hold the General Meeting reconvened pursuant to sub-section (5) of Section 11 of this Statute, if 51% of the total numbers of Members are present.

Chapter -6

Financial Provision

19. Fund of the Association:

1. There shall be a separate fund of the Association and the following amounts shall be deposited in the fund.

a. Membership fee.

b. Grant provided by any one else voluntarily.

2. Prior approval of the Ministry of Finance of the Government of Nepal shall have to obtain in case any grant or aid is to be received from foreign organizations or individuals.

3. Amount received to the Association shall be deposited in a local bank and an account shall be operated.

20. Operation of Bank Account:

The bank account of the Association shall be operated by the joint signature of the Chairperson and the Treasurer and the signature of both of them shall be mandatory. Provided that an arrangement of keeping record of income and expenditure as per the prevailing laws shall be made.

21. Method to Spend Money of the Fund:

The following method shall be applied in spending money deposited in the Fund the Association.

a. No any spend shall be made from the fund without having approved the annual budget, plan and programs of the Association.

b. Money may be spend from the fund subject to the budget and programme approved from the General Meeting.

c. Financial statement of the amount spent from the fund shall have to compulsorily submitted to the General Meeting.

d. Money from the fund shall be spent as prescribed.

22. Accounts and Audit of the Association:

1. Accounts of income and expenditure of the Association shall clearly be maintained as per the prevailing laws.

2. Audit of the Association shall be made by the registered auditor as per the prevailing laws.

3. If the Government of Nepal or the local authority wants to inspect the accounts they may inspect or cause to be inspected by deputing sub-ordinate employees at any time.

4. Auditor shall be appointed by the General Meeting. Provided, however, that the Working Committee shall appoint the auditor until the first Annual General Meeting is held.

5. One copy each of the audit report and annual work progress report of the Association shall be submitted to the local authority, District Development Committee, Social Welfare Council and the concerned bodies.

Chapter - 7

Election

23. Provision Relating to  Election:

1. A Committee Comprising of maximum 3 persons shall be constituted on the consent of the Working Committee for the purpose of election to the Working Committee.

2. The Election Committee shall make its procedures subject to the prevailing laws.

3. In case there is any dispute in respect with the election, the decision of the Election Committee shall be final.

4. The Election Committee shall ipso facto be dissolved on the following day of the completion of election.

24. Qualification to be a Candidate:

a. Individuals not stated in Section 8.

b. Honorary members.

c. Members of the Election Committee

25. Vote of No-confidence

a. A proposal of vote of no-confidence may be presented to the General Meeting by one third members of the General Meeting in written form against any office-bearer or member with reason. In such a situation a separate General Meeting shall be called. A time limit of 7 days shall be given to the concerned office-bearer or member to defend himself / herself by giving a written notice regarding the proposal of no- confidence. If the proposal of vote of no-confidence is passed by a decision of two third majority of the total number of members of the General Meeting, the office-bearers against whom such proposal was brought, shall be relieved from respective positions. No such proposal shall be brought again against the same person within six-months of being elected or being such proposal failed. Re-election shall be held if the chairperson is relieved from his/her position. In regard to other office-bearers or members, it shall be done as per this Statute.

26. Amendment to the Statute:

Any amendment to or repeal of any section of the Statute shall be recommended to the Local Authority only after being approved by two-thirds majority of the ordinary members. A Section shall be deemed to have been amended or repealed only after being it approved from the local authority.

27. May Frame Rules:

This Association may frame necessary Rules in course of transaction of its business and an information thereof shall have to be given to the Local Authority.

28. Provision Relating to  Employees:

(1) Creation of employees positions, remuneration, allowances and other facilities as well as conditions of service of the employees shall be as prescribed.

(2) In case the Association has to carry out the functions of the Association having obtained foreign aid and to have agreement of foreign advisory or volunteers, an information as to the details of service to be rendered by them, justification of the work, facilities, their qualification shall be furnished to the Local Authority, District Development Committee and the Social Welfare Council.

29. Dissolution of the Association:

1. The General Meeting may, if it deems necessary, dissolve the Association by adopting special proposal.

2. The General Meeting may, while adopting the proposal for dissolution of the Association pursuant to sub-Section (1) appoint one or more liquidators for the function of dissolution and one or more auditors to settle the accounts of the Association.

3. Remuneration of the liquidators and the auditors so appointed pursuant to sub-section (2) shall be as prescribed by the General Meeting.

4. If the Association is so dissolved for any reason, the remaining property of the Association, after settling its liability, shall devolve on the Government of Nepal.

30. Interpretation:

The Working Committee of the Association shall have the power to interpret this Statute and Rules and Bye-laws framed under this Statute.

31. Secrecy not to be Disclosed:

No any Office-bearers or any Members of this Association shall carry out any work in contrary to the interest of the Association. No office-bearer of the Working Committee members of the General Meeting shall use uncivilized or vulgar words in the meetings.

32. To be According to the Act:

Matters not mentioned in this Statute shall be according to the prevailing laws and any provision inconsistent with the Association Registration Act, Rule and prevailing laws shall be ineffective to the extent of such inconsistency.

33. Compliance with Directions:

It shall be the duty of the Association to comply with the directives issued by the Government of Nepal or Local Authority from time to time.

34. Ad-Hoc Committee:

1. The Ad-Hoc Committee constituted for the establishment and registration of this Association shall convene the General Meeting within six months and constitute an election committee pursuant to the Statute and conduct an election for the new Working Committee; and the information thereof shall be given to the Local Authority.

2. Until the pending of holding the first election, the functions carried out by the Working Committee shall be deemed to have been carried out as per this Statute.

35. We, the below mentioned founders of the "Nepal Environment Education Project" have agreed to carry out functions as per this Statute and signed in presence of the following witnesses:

Name, surname and address of the founder members. Name, surname, address and signature of witnesses.

1. Name: Mr. Rishi Prasad Nepal

President

Ward No. 1 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd. 1. Name: Mr. Bhanu Adhikari

Ward No. 2 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd.

2. Name: Mr. Narayan Nepal

Ward No. 1 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd. 2. Name: Mr. Shaligram Aryal

Ward No. 1 of Prithivinagar Municipality, Gokha District, Gandaki Zone.

Signature: Sd.

3. Name: Ms. Gayatri Nepal

Ward No. 1 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd. 3. Name: Mr. Jivan Gurung

Ward No. 7 of Masel V.D.C. Gokha District, Gandaki Zone.

Signature: Sd.

4. Name: Ms. Laxmi Nepal

Ward No. 1 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd. 4. Name: Mr. Prem Bahadur Barami

Ward No.1 of Masel V.D.C., Gokha District, Gandaki Zone.

Signature: Sd.

5. Name: Mr. Dhurba Kumar Adhikari

Ward No. 2 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd. 5. Name: Mr. Amrit Bhattarai

Ward No.8 of Masel V.D.C., Gokha District, Gandaki Zone.

Signature: Sd.

6. Name: Mr. Mistar Adhikari

Ward No. 2 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd. 6. Name: Mr. Bal Kumar Baniya

Ward No. 1 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd.

7. Name: Mr. Kamal Prasad Rimal

Ward No. 9 of Salyankot V.D.C., Dhading District, Bagmati Zone.

Signature: Sd. 7. Name: Mr. Devraj Adhikari

Ward No. 1 of Phulkharka V.D.C., Dhading District, Bagmati Zone.

Signature: Sd.

Annex – 1

Seal and Emblem of the Association

A rectangular shaped box shall be divided in three parts, the background of the upper part shall be in blue colour, in the middle there shall be semi lunar white background where two children shall be studying and in the lower part there shall be four mountain peaks having written NEEP in them.