BASE constitution

Backward Society Education (BASE)

 Constitution of BASE 2047

 Our country Nepal, with diverse languages, various ethnic groups and cultures is an extremely backward country. The majority of the people are not aware because of the lack of education and training and also as they are economically, socially, intellectually and politically backward.

The number if unemployed people are increasing day by day because there are no employment opportunities to meet their dire economic needs. The pressure of increasing population is affecting not only the rural society but also the town and city areas. The lack of employment opportunities in the urban areas has led to migration in foreign lands. The rural youth power has been migrating towards the towns or foreign lands. It has become a well known fact that, for this reason, urban areas are facing heavy pressure on the one hand and the rural areas on the other hand are losing their productive youth power day by day. It can confidently be said that by supporting this rural youth power in the rural areas and mobilizing them would reduce the adverse impact felt in the urban areas and also resolve the unemployment problem and the youth power in their turn, can contribute towards the development of the country. However, the institutions, thus far established for providing skills development facilities are concentrated in the urban areas only. The rural society, consequently, remains deprived of these facilities despite the fact that they have sufficient interest and desire for alleviating their poverty by developing skills and social awareness. Likewise, the rural sector is considerably backward in the field of health and education. The socio-economic problems and lack of awareness have resulted in a number of other shortcomings in the rural sector. If inquired carefully the traditional and old cultures and usages existing among the rural people are disappearing everyday. Consequently, there is a great need of awareness among the people in the present context of democratic wave for the economic, social, intellectual and cultural development of the backward rural society.

The BASE therefore has been established upon realization that there is a need to assist the ethnic groups of the rural societies by organizing the backward rural ethnic communities through their own initiative and in accordance with their desires and aspirations. This organization will always be involved in the process of creating a Nepalese society which will be patriotic, democratic and just.

 Chapter – 1

Preliminary:

 Short Title and Commencement:

1. The name of this constitution shall be The Amended Constitution of BASE 2054.
2. This Constitution shall come into force immediately.

2. Unless the subject or context otherwise requires, in this constitution:
3. BASE means Backward Society Education
4. ‘Constitution’ means the amended constitution of BASE 2054[1]
5. ‘Organization’ means BASE
6. ‘Member’ means any person who has acquired membership by virtue of article 7 of this constitution.

 ‘Article’ means an article of this constitution.[2]

 ‘Executive Member’ mean central[3] executive members elected from among the members of the central[4] general assembly.[5]

1. ‘Officer’ means Chairman, Vice-Chairman, Secretary, Joint-Secretary[6]and Treasurer[7].
2. ‘Executive Committee’ means the central[8] executive committee organized in accordance with the article 13.
3. ‘Local Officer’ means the Officer of the District Administration Office.

 Emblem and[9] Seal of the Organization:

A rectangular seal marked with the name of Backward Society Education (BASE) 2047 shall be used. The letters ‘Backward Society Education’ shall be marked from the left to right. Am emblem of Dhakiya (Basket) shall be enclosed the letters ‘BASE’ shall be marked on the left side of the emblem and ‘2047’ shall be marked on the right.[10] The seal shall be rectangular in shape.

 Office of the Organization:

The central office of the organization shall be based in location of the district of Dang. The organization can open branches and sub-branches in any district on the basis of its scope of work.[11]

 Chapter – 2[12]

Purpose and Establishment of the Organization:

 Establishment:

• 1. The organization shall be an entity with perpetual succession. It shall be an autonomous and corporate body. The organization, which is equivalent to an individual, shall have a separate seal of its own and shall have the right to acquire, sell and transfer property.
  2. The organization, which is equivalent to a person, can sue and sued in its own name.

 Objectives:

• 1. To assist in the development of community leadership by means or rural involvement and organization.
  2. To function by giving special consideration to development of awareness among the people and to promote people’s participation.
  3. To assist the communities in making the community health services effective. While doing so the aspirations of the general public with regard to health service, health tests and environmental protection shall be considered.
  4. To provide educational aid and advice to the backward ethnic groups for their intellectual upliftment. The organization shall run literacy classes in accordance with their needs and demands and shall conduct various other programs in this regard.
  5. To give cultural education to the various ethnic groups in their own initiative in order to save the cultures disappearing among some ethnic groups.
  6. To develop harmonious relationship with other associations, institutions and organizations for human and social upliftment.
  7. To assist rescue efforts in times of natural disaster and calamities as and when such events occur.
  8. To provide consultancy services as necessary and to launch various other programs in accordance with the demands of the ethnic groups.
  9. To modernize the traditional skills prevalent among backward ethnic groups.
  10. Since the income sources of the backward ethnic groups are meager, programs shall be launched to increase their earnings utilizing their own labor and skills.
  11. The organization may make demands for implementation of programs relating to health, family planning and other extra –curricular activities in the rural sector as necessary and in the initiative of the ethnic groups themselves.
  12. Other projects may be implemented keeping the upliftment of the rural society in mind.

 Chapter – 3

 Membership:

 Qualification for Membership:-

Any Nepali citizen who has attained the age of 16 years can be an ordinary[13] member of the organization.

 Types of Membership:

7. a) Ordinary member:

Any person who has acquired the qualification and membership by virtue of article 6 of this constitution.

 Life Member:

  Any person who has acquired the qualification as per article 6 and has donated movable or immovable property worth at least Rs. 25,000/-. Provided that member of this category hall not be entitled to vote in the election at any level. [14]

 Honorary Member:

  Any Nepali citizen or a foreign citizen who has directly or indirectly contributed to the benefit of the organization and has received membership from the executive committee of the organization formed in accordance with this constitution. Provided that the member of this category shall not be entitled to stand as a candidate or to vote in any lection at any level.[15]

 Active Member:

Any person who has played an active role in the social service programs of this organization. Such membership shall be awarded by the central committee on the recommendation of general or district committee. [16]

8. Membership Fee and the Procedure for Awarding Membership:

     Any interested backward Nepali citizen who has attained the age of 16 years can submit an application for membership along with a fee of Rs. 5/- to the village committee[17] and the village committee[18] may award ordinary membership thereon. Provided that not with standing what month of the year the membership is awarded or renewed the membership shall be valid until the month of Paush of the concerned year. The membership for the next year must be renewed by the last day of Paush.[19]

 a) Ordinary Membership fee 5/-

1. b) Life Membership fee lump sum 25,000/-
2. c) …………………………………………….[20]
3. d) …………………………………………….[21]
4. e) …………………………………………….[22]

  Disqualification of Members:

    Any person of the following category cannot be a member of the organization;[23]

1. Mentally infirm or mentally ill.
2. Person expelled for violation of the code of conduct of this organization.
3. Person who has misappropriated the property of a social organization.
4. Person who is involved in litigation against the organization or has been convicted under criminal offence by the court.[24]

 If a question arises as to whether any member is disqualified in accordance with the above article, the decision shall be made by the central executive committee on the recommendation of district or regional[25] executive committee.

  Chapter – 4

 General Assembly and Executive Committee:

 Procedure for Forming General Assembly:

 The general assembly shall be as follows:

 b)

  (1) …………………………….[26]

  (2) …………………………….[27]

  (3) Members of the regional and district[28] executive committees of the organization.

 (4) …………………………….[29]

 (5) Active members.

 General Assembly:

11. a) The ordinary meeting of the general assembly of the organization shall be held once a year on the time and at a venue specified by the chairman of the executive committee. Provided that if the executive committee deems it necessary to call special general assembly by passing proposal to this effect by majority of the members, it can do so if the interval between the two sessions exceeds six months.[30]

 The executive committee should give a written notice specifying the place, date and agenda of the general assembly at least 11 days in advance to the members of the general assembly.

 Functions, Rights and Duties of the General Assembly:

12. a) To elect office holders and[31] members of the executive committee of up to 11[32] members including the chairman from among the members of the general assembly.

 b) To approve the annual report, report on income and expenditure and audit report submitted by the executive committee and to pass the budget.

 c) To discuss and approve the policies, plans and programs of the organization.

 d) To assign functions, duties and responsibilities to the members of the organization and to review if they have been followed as intended

13. Composition of Executive Committee:

• An Executive committee of 13 members [33] including the chairman shall be formed to transact the daily business of the organization. The designation and number of the officers and members shall be as follows:

• Chairman
• Vice-chairman
• Secretary
• Joint Secretary[34]
• Treasurer
• Members shall be eight[35] in number out of which six shall be elected and the remaining two shall be nominated by the chairman[36]

(b) The election procedure of the chairman and other officers of the executive committee of the organization shall be as prescribed by this constitution. Provided that the founding chairman of this (BASE) organization shall continue to be the

Patrons of the organization even if s/he resigns his/her post as chairman.[37]

(c) The term of office of the officers[38] and members of the executive committee shall be five years.

(d) All the members of the executive committee shall be both collectively and individually responsible to the general assembly.

(e) If the seat of the member of the executive committee becomes vacant the executive committee may fulfill the vacant seat for the remaining period. Provided that the validity of the proceeding of the executive committee shall not in any manner be affected solely by reason of the vacancy of the seat of any member.

14. Meeting of the Executive Committee:

(a)        The meeting of the executive committee in general shall be held three times in a year, the interval between the two consecutive meetings not exceeding four months, in accordance with the instruction of the chairman. Provided that meeting can be convened once a month if it is deemed necessary.

(b)        If the meeting is not held within the time period specified in sub-article (a) the vice-chairman can convene the meeting within 30 days.

(c)        If the meeting could not, for any reason, be held pursuant to sub-article (b) the secretary can call a meeting on the request of one-third of the members of the committee.

(d)        While calling the meeting of the executive committee, written notice specifying the agenda, place and date should be issued to the member at least 7 days in advance. Provided that while calling an extra-ordinary meeting a written notice specifying the agenda, place and date shall be issued 24 hours in advance.

 

15. Function, Rights and Duties of the Executive Committee:

  (a)        To work for fulfillment of stipulated objectives of the organization subject to the decisions and instructions of the executive committee of the general assembly

(b)        To conduct the daily business which are specified as functions of the organization in the constitution.

(c)        To record decisions in the minute book on behalf of the organization.

(d)        To design annual programs and to make necessary arrangements for their smooth implementation.

(e)        To keep the documents of the organization safely.

(f)        To establish relationship with His Majesty’s Government, national and international organizations and to acquire assistance from them.

(g)        Village committees, regional committees and district committees shall be established as necessary in the districts where action plans have been implemented to fulfill the objectives of the organization or in those districts where the members of the organization are residing. The formation, functions, duties and rights of the executive committees of the above mentioned committees shall, subject to the provisions of the constitution, be as per the rules passed by the central committee. Provided that such rules should have been approved by the central general assembly.[39]

Functions, Duties and Rights of the Officers[40] of the Central Committee:

16. Functions, Duties and Rights

(a)        Chairman:

• To represent the organization in dealing with His Majesty’s Government,

national and international organizations.

• To implement and supervise the decisions of the general assembly or

cause them to be implemented and supervised.

• If it is deemed necessary to take action when the executive committee is

not sitting such action shall be taken and a report of such action shall[41] be submitted for …….[42] approval in the next[43] meeting.

• To supervise, protect and control all matters related to the organization or

cause these activities to happen.

• To give assignments[44] to the officers and members of the organization and

delegate his/her any authority to the subordinate officer or member.[45]

• To launch other programs to achieve the objectives of the organization.

(b)       Vice-chairman:

• To perform such duties as delegated by the chairman from among his/her

duties.

• To work for the chairman in his/her absence.

(c)       Secretary:

• To call the meeting of the general assembly and the executive committee

in accordance with the decision of the chairman.

• To conduct the daily administrative works, supervise, direct, control and

correspond about them.

• To prepare agenda for meetings, notify and keep records of the minutes.

(d)       Joint-Secretary:

• The joint secretary shall in the absence of the secretary, shoulder every

responsibility of the secretary.

• To perform duties as delegated by the secretary.

(e)       Treasurer:

• To keep accounts of the organization in the form as prescribed by law.

• To prepare financial statement and submit it to the executive meeting and

the general assembly.

• To get every account of income and expenditure audited.

• To discharge other duties relating to financial administration.

• Member:[46]

(1)        To assist the chairman in the discharge of his/her duties.

• To discharge other duties as prescribed by the central officers or the central committee.

Chapter – 6

Financial Management:

 

17. Sources of Finance:

The organization shall have the following sources of finance:

            (a)        Membership fee.

(b)        Movable and immovable property and the income generated there from.

(c)        Grants and loans received as grant, gift or donation.

(d)        Government grants.

(e)        Aid, grant, gift etc. received in cash or kind from national or international organizations.

(f)        Other miscellaneous sources.

18. Statement of Movable and Immovable Property:

(a)        No one is authorized to misappropriate the movable or immovable property of the organization. The property of this kind shall be kept safely by entering it in the property accounts books of the organization.

(b)        No one is authorized to use the movable or immovable property of the organization for personal purposes. If any one has earned financial profit by using such property for business other than that of the organization without authority of the rules of the organization, such profit shall revert to the organization.

19. Fund Management:

(a)        The sum of money received from sources mentioned in article 17 shall be deposited by opening an account in a local bank.

(b)        The account of fund deposited in accordance with sub-article (a) shall be operated by any two signatures of chairman, treasurer and secretary.

(c)        Receipt shall be issued against the incomes received from the sources mentioned in article 17 and the amount so received[47] shall be deposited by opening an account in a bank[48] in the name of the organization. The meeting shall be informed about the transactions.

20. Audit of the Accounts:

(a)        The annual accounts of every financial year of the organization shall be audited by a recognized auditor appointed by the executive committee.

(b)        The statement of account and the audit report of every financial year of the organization shall be submitted to the local authority and to the concerned agency as necessary.

Chapter – 7

Miscellaneous:

21. Provisions Relating to Election:

            (a)        The election of every position shall be through secret ballot.

            (b)        The central committee shall from an election committee consisting of on

Commissioner and two members for the purpose of conducting election. The election committee shall take all actions relating to the election.[49]

            (c)        The decision made by the election committee shall be final.

22. Persons of the following category shall not be entitled to stand as candidate for election:

            (a)        Members of the Election Committee.

            (b)        Life member and honorary member [50]

            (c)        One who has not achieved the status of ‘active member’.

23. (a) Vote of no confidence motion can be tabled in the general assembly

against any officer or member of the executive committee.[51] Provided that such a proposal can not be tabled if at least one year has not elapsed since the date of last election.

            (b)        No motion shall be accepted unless signed by one third of the members of

the general assembly and proposed by at least one member and seconded by three.

(c)        The officer or[52] member accused of no-confidence charges shall be given a prior notice to defend himself/herself.

(d)        Such a motion, if not supported by two-third of the members present and voting, shall not be considered as passed.

(e)        The person against whom the vote of no confidence is passed shall be removed from office but shall not be considered removed from ordinary membership.

24. Amendment to the Constitution:

(a)        A written notice concerning the motion for amendment to the constitution should be made available by the executive committee to the ordinary member at least 21 days in advance. Such a proposal if moved by members other than those of the executive committee 35 days prior to the date of sitting of the general assembly.

(b)        Upon submission in accordance with section (a) the motion, if approved by two-third majority of the members of the general assembly present and voting, the constitution shall be amended and implemented with the approval of the local authority.

25. Authority to Frame Rules:

(a)        The executive committee can frame internal rules and apply them, if deemed necessary, to achieve the objectives of this constitution, to conduct business of the organization and to expand the organization.[53]  It shall be compulsory to inform the local authority, concerned department and the general assembly about it.

(b)        Necessary employees can be appointed to work for the organization. Rules relating to conditions of service of the employees can also be framed and applied in accordance with sub-article (a).

26. Dissolution of the Organization:

If for any reason, the organization is dissolved, all the earned assets and movable or immovable property shall be transferred to His Majesty’s Government.

27. Others:

            (a)       Chairmanship:

(1)        The chairman of the executive committee shall chair over the executive committee and general assembly meetings.

(2)        The person chairing the meeting shall not be entitled to vote but s/he can cast deciding vote in the case of equal vote.

28. Quorum:

(a)        Presence of more than 50 percent of the members is compulsory for the meeting of general assembly and the executive committee.

(b)        If the first meeting is adjourned due to absence of quorum, presence of one-third of the members shall be required for discussing the same agenda in the second meeting.

(c)        Unless specified as matters to be decided by special voting in this constitution, decisions on all matters shall be made by a majority of members present and voting.

29. Provisions relating to Vacation of Seat of Membership:

 

            Any member shall vacate the membership in the following conditions:

(a)        If the chairman and other members tender resignation to the executive committee and the chairman respectively and such resignation is approved or if the term of office expires.[54]

(b)        If the motion of vote of no confidence is passed and approved.

(c)        If the member dies.

(d)        If the member fails to pay the membership fee.

(e)        If the member causes direct or indirect harm to the organization and the executive committee passes a motion by a two-third majority that s/he should be suspended, s/he shall be suspended from ordinary membership also.

[1] Added ‘2054’ after the words. The Amended Constitution of BASE in article 2 (b)

[2] Added The clause “article means an article of this constitution” in article 2(d)

[3] Added the words ‘of the central general assembly’ after the word ‘members’ in article 2(e)

[4] Added the word ‘Central’ before the words ‘general assembly in article 2(e)

[6] Substituted by the words ‘Joint Secretary for ‘ ‘Under Secretary’ by amendment in article 2(f)

[7] The words ‘including the four members’ omitted after the ‘Treasurer’ in article 2(g)

[8] Substituted by the words ‘Central Executive Committee formed in accordance with’ for the clause ‘formed for conducting the daily business by amendment in article 2(g)

[9] Added the words ‘Emblem and’ before the words ‘Seal of the Organization’ in article 3

[10] Added the clause ‘The letters Backward Society Education’ shall be marked from the left to the right. An emblem of Dhakiya (basket) shall be enclosed and the letter ‘BASE’ shall be marked on the right after the clause. A rectangular seal marked with the name of Backward Society Education (BASE) 2047 shall be used.

[11] Added the clause ‘The organization can open branches or sub branches in any district on the basis of its scope of work’ after the clause, ‘the central office of the organization shall be based in any location of the district of Dang’ in the article 4.

[12] Added ‘Chapter-2’ after the article 4

[13] Added the word ‘ordinary’ after the words ‘any Nepali citizen who has attained the age of 16 years can be an’ in article 6

[14] Added the clause ‘Provided that member of this category shall not be entitled to vote in the election at any level,’ after the words ‘has donated movable or immovable property worth at least Rs 25,000/-‘ in article 7(b)

[15] Added the clause ‘Provided that the member of this category shall not be entitled to stand as a candidate or to vote in any election at any level’ after the clause and has received membership from the executive committee of the organization formed in accordance with this constitution’ in article 7(c)

[16] Added the clause ‘Such membership shall be awarded by the central committee on the recommendation of regional or district committee’ after the clause ‘who has played an active role in the social service programs of this organization in the article 7(d)

[17] Added the words ‘village committee’ after the clause ‘any interested backward Nepali citizen who has attained the age 16 years can submit an application for membership along with a fee of Rs. 5/- in the articles 8

[18] Added the words ‘village committee’ in the fourth line of article 8

[19] Substituted by the words ‘the last day of Paush’ for the words ‘the sixteenth of Magh’ in the article 8

[20] Omitted the clause ‘Honorary Member’ the right to award honorary membership shall be vested in the executive committee in article 8(c)

[21] Omitted the clause ‘Active Member-Active membership shall be awarded, by selection in the meeting of the executive committee to those persons who has worked actively for achieving the objectives and programs of the organization for 3 years’ in the article 8(d)

[22] Omitted the clause ‘It is compulsory to become active member in order to become the officer of the organization’ in article 8(e)

[23] Added the clause ‘Any person of the following category cannot be a member of the organization’ after the words ‘disqualification of members’ in the article 9

[24] Added the clause ‘or has been convicted with criminal offence’ after the clause’ ‘who is involved in a litigation against the organization’ in clause 9(d)

[25] Substituted by the words ‘district or regional’ for the word ‘branch’ after the words ‘if a question arises as to whether any member is disqualified in accordance with the above article. the decision shall be made by the central executive committee on the recommendation of in the article 9

[26] Omitted the words ‘all the ordinary members of the organization in the chapter-4 article 10 sub article (b) (i)

[27] Omitted the words ‘life members of the organization in the chapter-4 article 10 sub article (b) (i)

[28] Added the words ‘regional and district’ after the words ‘members of the’ in chapter -4 article 10 sub article b (3)

[29] Omitted the words ‘honorary members’ in chapter-4, article 10 sub article b (4)

[30] Substituted by the clause provided that if the executive committee deems it necessary to call special general assembly by passing proposal to this effect by majority of the members, it can do so only if the interval between the two sessions exceeds six months’ for ‘ any time after the words if a meetings is deemed necessary in chapter -4 article 11 sub-article (a)

[31] Added the words, ‘Office holders and’ before the words ‘members of the executive committee’ in article 12 cub-article (a)

[32] Substituted by the number ’11’ for the number ‘9’ before the words member including the chairman in the article 12 sub-article (a)

[33] Substituted by the number ’13’ for the number ‘9’ before the words ‘members including the chairman’ in the article 13 (a)

[34] Substituted by the word ‘Joint Secretary’ for the word Under Secretary in the article 13 (a) (4)

[35] Substituted by the number ‘eight’ for the number ‘six’ in the article 13 sub-article a (6)

[36] Added the clause ‘out of which six shall be elected ones and the remain two shall be nominated by the chairman in the article 13 sub-article a (6)

[37] Added the clause ‘Provided that the founding chairman of this (BASE) organization shall continue to be the patron of the organization even if s/he resigns his/her post as chairman in the article 13 sub-article (b)

[38] Added the words ‘Officers and’ before the words ‘members of the executive committee’ in the article 13 sub article (c)

[39] Added the clause ‘Village Committees, Regional Committees and District Committees shall be established as necessary in the districts where action plans have been implemented to fulfill the objectives of the organization or in those districts where the members of the organization are residing. The formation, functions, duties and rights of the executive committees of the above mentioned committees shall, subject in the provisions of the constitution, be as per the rules passed by the central committee. Provided that such rules should have been approved by the central general assembly’ by amending the clause on ‘forming the committee’ after the words as necessary in the article 15 sub article (g)

[40] Added the words ‘of the central committee’ after the words ‘officers’ in chapter-5

[41] Substituted by the words ‘shall be submitted for approval for the words ‘get approval’ before the words ‘in the meeting’ in the article 16 sub-article a(3)

[42] Omitted the word ‘decision’ before approval in the article 16 sub-article 1(3)

[43] Substituted by the word ‘next’ for ‘latest’ before the word meeting in the article 16 sub-article a(3)

[44] Added the word ‘assignments’ before the words ‘to the officers and members’ in the article 16 sub-article a (5)

[45] Added the clause ‘to delegate his authority to the subordinate officer or members in the article 16 sub-article (a)(5)

[46] Added the sub-article (f) in the article 16. The sub-article reads as follows:

Member: (i) To assist the chairman in the discharge of his/her duties.

                (ii) To discharge other duties as prescribed by the central officers or the central committee.

[47] Added the words ‘so received’ after the words ‘and the amount’ in the article 19 sub-article (c)

[48] Added the words ‘by opening on account in a bank’ before the words ‘in the name of organization in the article 19 sub-article (c)

[49] Substituted by the clause ‘The central committee shall form an election committee consisting of one commissioner and two members for the purpose of conducting election and the election committee shall take all actions relating to the election’ for the clause ‘Election shall be conducted by an election committee elected by the general assembly.

[50] Added the words ‘honorary member’ after the words ‘life member’ in the article 22 sub-article (a)

[51] Added the words ‘officers or’ before ‘member of the executive committee’ in the article 23 (a)

[52] Added the words ‘officers or’ before the words ‘member accused of no confidence charges’ in the article 23 sub-article (c)

[53] Added the word ‘internal’ before the word ‘rules’ further added the words to conduct business of the organization and to expand the organization after the words ‘to achieve the objectives of the organization’ in the article 25(a)

[54] Added the clause ‘or if the term of office expires’ after the clause ‘such resignation is approved’ in the article 29 sub-article (a)