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Annexure-II
RULES &
REGULATIONS
1.
NAME:
The name of the Society shall be the “DELHI KALYAN
SAMITI” (hereinafter referred to as “the
Samiti”)
2.
REGISTERED OFFICE:
The Registered Office of the Samiti is situated in the
National Capital Territory of Delhi and at present it is at the Finance
Department, 4th Floor, Wing-‘A’, Delhi Secretariat,
I. P. Estates, New Delhi-110002.
3. DEFINITIONS:
In these Rules, unless there is
anything repugnant in the subject or context.
(i)
‘Executive
Committee’ means the Executive Committee constituted as per the Memorandum of
Association and these rules.
(ii)
‘Governing
Body means the Governing Body constituted as per the Memorandum of Association
and these rules.
(iii)
‘Member’
means a member of the Samiti to be nominated by the Government of the National Capital Territory of Delhi.
(iv)
‘Rules’
shall mean the Rules and Regulations of the Samiti for the time being in force.
(v)
‘Delhi
Welfare Fund’ means the Fund established by the Government of the National
Capital Territory of Delhi.
(vi)
Service
of notice or any communication shall be presumed to have been effected on the
members, if the same is sent under certificate of posting on his last know address as recorded with the Samiti.
4. MEMBERSHIP:
There shall be two types of members:
(i)
Founder
– Member i.e. persons who have subscribed their signatures to the Memorandum of
Association.
(ii)
Nominated
members i.e. persons who after registration of the Samiti have been nominated
to its Membership by the Lt. Governor, Delhi.
5. CONDITIONS FOR MEMBERSHIP:
(i)
The
Founder Members shall hold the office in
the Governing Body and the Executive
Committee, as the case may be, by virtue of their posts.
(ii)
The
Government of the National Capital Territory of Delhi may invite any
distinguished person to become a member without payment of any
fees/subscription for a period of one year.
6. TERMINATION OF MEMBERSHIP:
The membership of the Samiti shall
be terminated on the following grounds:
(i)
In
the case of resignation, when accepted by the Governing Body.
(ii)
On
death:
(iii)
On
conviction for criminal offenses involving corruption and moral turpitude.
(iv)
On
being declared bankrupt.
7. EXECUTIVE COMMITTEE:
(i)
The
Executive Committee shall receive request from institutions/ organizations for
release of grants-in-aid for the various purposes brought out hereinafter and
shall refer the same after brief scrutiny to “The Delhi Foundation for the
Welfare of the Disabled and the Disadvantaged” and “The Sports Council of
National Capital Territory of Delhi” as the case may be, for detailed scrutiny
and recommendations. The above two Societies can also receive such requests
directly.
(ii)
On
receipt of the recommendation of “ The
Delhi Foundation for the Welfare of the
Disabled and the Disadvantaged” and/or “
The Sports Council of the National Capital Territory of Delhi”, the Executive Committee shall take final decision with regard to the
grants-in-aid to be released to such
institutions/ organizations and the quantum thereof. The Committee shall allocate the annual budget to “ The Delhi Foundation for the Welfare of the
Disabled and the Disadvantaged” and “ The Sports Council of the National
Capital Territory of Delhi” but such allocations shall be operated by the Executive
Committee of the Delhi Kalyan Samiti
itself. The funds shall be operated
through the Fund Secretariat to work under
the direct control of the Member – Secretary and the Secretariat shall
be responsible for book-keeping issuing
sanctions and cheques, accounting, utilization reports, annual audit and such
other functions as may be
assigned from time to time. The decision of the Executive Committee shall be complied with by the Secretariat in the manner
described from time to time.
(iii)
The
Executive Committee shall consist of following 4 Members:-
1. Chief
Minister, Delhi Chairman
2. Finance
Minister, Delhi Vice
Chairman
3. Chief
Secretary, Delhi Member
4. Pr.
Secretary (Finance), Delhi Member
Secretary
8. OFFICE BEARERS:
(i)
Chairman:
He shall be the head of the Committee. He shall preside over the meetings of
the Executive Committee and the Governing Body. Such meetings shall be
authenticated by the signature of the
Chairman.
(ii)
Vice
Chairman: In the absence of the Chairman,
the Vice Chairman shall preside over the meetings of the Executive Committee
and the Governing Body and shall
exercise all the powers and perform all the functions of the Chairman in his
absence.
(iii)
Member
Secretary:
(a)
Subject
to overall supervision and superintendence of the Chairman, he shall be Chief Executive of the Executive Committee as well as the
Governing Body of the Samiti.
(b)
With
the approval of the Chairman, he shall have powers regarding the appointment,
promotion, suspension and dismissal of the staff, taking premises on rent and
performing all other functions on behalf of the Committee.
(c)
He
shall also have the powers to sanction expenditure upto Rs.50,000/- at one time
in respect of one item in connection with the day-to-day work of the Samiti.
(d)
He
shall be responsible to :
(i)
maintain
an upto date register of the members;
(ii)
summon
and attend meetings of the Executive Committee and the Governing Body under the
instructions of the Chairman;
(iii)
circulate
agenda of the meetings;
(iv)
record
the proceedings of such meetings;
(v)
prepare
yearly reports on the working of the Samit;
(vi)
carry
on such other duties as may be assigned
to him by the Executive Committee and the Governing Body or the Chairman;
(vii)
operate
and manage the accounts of the samiti through the Secretariat.
(iv)
GOVERNING BODY:
(i)
The
Governing Body shall be the Supreme Body to whom the accounts of the Samiti
shall be submitted. All its decisions shall be taken in the meeting by majority
of members sitting and voting.
(ii)
The
main work of the Governing Body will be to take policy decisions and to
formulate the guidelines for functioning
of the Samiti.
(iii)
Any
new Scheme to be covered under the scope of financial assistance by the Delhi Kalyan Samiti shall be approved
by the Governing Body.
(v)
EXECUTIVE COMMITTEE:
(i)
The
Executive Committee shall function as Nodal Body. All its decisions shall be
taken in the meeting by majority of members sitting and voting.
(ii)
With
previous approval of the Government of
National Capital Territory of Delhi, the Executive Committee shall make
regulations relating to;
(a)
method
of recruitment, pay-scale and other terms and conditions of service of the paid
officers and staff of the Samiti;
(b)
terms
and condition of giving financial
assistance and grant-in-aid to disabled
and disadvantaged individuals and institutions;
(c) ceiling
on the amount of grant-in-aid to be released to the institutions/organizations
in respect of activities covered under the following schemes:-
(i)
Construction
of cheap tenements for low income service personnel;
(ii)
Improvement
of facilities in J.J. Colonies;
(iii)
Resettlement
schemes for the villagers whose land falls within urban limits and has been
acquired under the Master Plan;
(iv)
Setting
up of community and social welfare centres in the new colonies developed by
DDA;
(v)
Promotion
of Sports activities;
(vi)
Improvement of medical facilities for the general public;
(vii)
Financial
assistance for the needy in case of hardship for medical treatment;
(viii)
Contribution
to the LG, CM & PM Relief Fund;
(ix)
Promotion
of arts and culture;
(x)
Acts
of bravery;
(xi)
Pollution
control;
(xii)
Drug
de-addiction;
(xiii)
Rehabilitation
of street children;
(xiv)
Working
women’s hostels;
(xv)
Research
in policy areas in NCR in general and Delhi in particular; and
(xvi)
Any
other schemes approved by the Government of Delhi;
9. TERMS OF OFFICE OF
THE EXECUTIVE COMMITTEE & THE GOVERNING BODY:
(i)
The
Executive Committee and the Governing Body both shall be perpetual bodies and
their members shall hold office by virtue of their incumbency as such.
(ii)
The
existing members shall continue to hold their respective offices till their
successors are nominated and assume office.
10. INDEMNITY:
Subject to the
provisions of the Societies Registration Act ( 21 of 1860) extended to the
National Capital Territory of Delhi, the Chairman, Vice Chairman, Members and
the Member Secretary and their respective heirs, executors and administrators
shall be indemnified out of the assets of the Samiti from and against all
suits, proceedings, cost, charges, losses, damages and expenses which they or
any of them shall or may incur or sustain by reasons of any act done or caused
to be done in or about the execution of the duty in their respective offices,
except such ( if any) as they shall or may incur or sustain by or through their own willful neglect or default and no
such officer shall be answerable for the acts, receipts, neglects or defaults
of other officer or for insolvency or dishonesty of any member or other person
with whom any moneys or effects belonging
to the Samiti may be lodged or deposited for safe custody or for
insufficiency of any security upon which any money of the samiti shall be
invested or any other loss or damage due
to any such cause as aforesaid or which may result from the execution of his
office, unless the same shall happen through the willful neglect or default of
such officer.
11.
MEETINGS:
(i)
GOVERNING BODY: The Governing Body shall meet at
least once in a year. The Chairman can, however, call its meeting whenever
considered necessary.
(ii)
EXECUTIVE MEETING: The Executive Committee shall meet at least once in two months or at
call by the Chairman.
12.
EXTRA ORDINARY MEETINS:
An Extra-ordinary Meeting of the
members of the Governing Body as well as the Executive Committee shall be
called by the Chairman, if required.
13.
QUORUM:
50% of the members of the Governing
Body and 75% of the Executive Committee shall form the quorum of the respective
meetings. But if, after half an hour of the scheduled time of beginning of the
meeting, the quorum is not present, the meeting shall stand adjourned for the same day and be held after another
half hour, and no quorum for such adjourned meeting shall be necessary.
14.
NOTICE OF THE MEETING:
(i)
‘Two
days’ notice shall be given for
convening any meeting of the Governing Body as well as the Executive Committee. The notice shall be
presumed to have been served after twenty four hours of its posting.
(ii)
The
Chairman may convene an emergent meeting at call and it shall not be called in
question on the ground of non receipt of
prior notice by any member.
(iii)
The
proceedings of the Meeting of the Governing Body as well as the Executive
Committee shall not be invalid for insufficiency/ non receipt of notice by
any member.
15.
DECISION:
All matters shall be decided by
majority of votes of the members present and voting at the meeting. In the
event of a tie, the person presiding over the meeting shall have the right to
exercise a casting vote.
16.
POWERS OF THE GOVERNING BODY:
The Governing Body shall have the
following powers:-
(a) Adoption of the Annual Accounts and
consideration of Annual Reports;
(b) Approval of new schemes to be
covered under the scope of financial assistance by the Samiti.
17.
POWERS OF THE EXECUTIVE COMMITTEE:
The Executive Committee shall have
the right to exercise all such powers as are necessary for the proper control
and management of the affairs of the Samiti. It shall also have the following
powers;
(a) to open, operate or close an account
with any scheduled bank or banks and to authorize any member, members or
officials of the Secretariat to operate thereon;
(b) to empower the Member – Secretary to
perform all or any of the powers of the Executive Committee;
(c) to appoint any sub-committee for performing any task of
the Committee subject to its control and supervision;
(d) to purchase, take or give on lease
or hire, otherwise acquire, sell, manage or deal with any moveable or
immoveable property for any of the objects of the Samiti;
(e) to borrow or raise money by
organizing any activities in a lawful
manner which the Samiti may think fit;
(f) to invest money of the Samiti not
immediately required for any of its
objects as may be determined by the Member – Secretary. The money so invested
shall not exceed Rs.15.00 crore with a particular Bank/ Financial Institution.
(g) To appoint the Auditors;
(h) to approve programmes of action for
the ensuing financial year;
(i) to consider such matters as may be
raised by members in relation to the work of the Samiti;
(j) to scrutinize the request of
institutions/ organizations seeking grants-in-aid from the Samiti;
(k) to accord sanction to the
grants-in-aid to the institutions/organizations and release the amount.
18.
FINANCIAL YEAR:
The Financial year of the Samiti
shall be reckoned from the Ist day of April each year upto 31st
March of the following year.
19.
AUDIT:
Accounts of the Samiti shall be
audited by a Chartered Accountant or by the Auditors of the Government of the
National Capital Territory of Delhi and
their report shall be appended to the Annual Report to be submitted to the
Governing Body.
20.
MISCELLANEOUS PROVISIONS:
(1)
The
Samiti shall file with the Registrar of
Societies, in the end of every term, a list of members of Governing Body and
the Executive Committee as required under section-4 of the Societies
Registration Act, 1860 ( 21 of 1860).
(2)
The
Samiti may sue or be sued in the name of the Member- Secretary.
(3)
If
the circumstances necessitate the dissolution of the Samiti, the dissolution
shall take place only in accordance with the
provisions laid down in Section 13 and 14 of the Societies Registration
Act, 1860 (21 of 1860).
(4)
In
case any amendments are to be made in the Memorandum and Rules and Regulations
of the Samiti, the same shall be in
accordance with provisions of section 12
of the Societies Registration Act, 1860 (21 of 1860) in regard to the
Memorandum of the Association and 2/3rd of the majority of the
Governing Body in the case of Rules and Regulations.
(5)
All
the provisions of the Societies Registration Act, 1860 ( 21 of 1860), as
extended to the National Capital Territory of Delhi, shall apply to the Samiti.
SD/- SD/- SD/-
Chairman
Vice-Chairman Member Secretary
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