THE STATUTE OF MITHILA ABADH CULTURAL PRESERVATION COUNCIL, JANAKPURDHAM

2072

Preamble:

Keeping in view of further strengthening and developing courtesy in the cultural, traditional festivals, customs as well as social, religious and cultural relationships  between Mithila and Abadh with preservation and promotion of temple , shrines, ponds and sites of ancient, historical,  religious cultural and archeological importance located within Janakpurdham;

And,

For the establishment of cafeteria, rest houses, restrooms, bathrooms, ambulance, hospital,, information centers to avail food, stay, sanitation, and information services for local and foreign pilgrims and tourists and for the operation of smooth management of different festivals like vivaha panchami, Ramnawami, Madhamiki (Panchakoshi) parikrama, entra–altar parikrama, purnima etc. and for the proper management of clean and free open- faces area to Janakpurdham;

Nowtherefore, with the objectives of establishing a complete non-governmental social organization, the Statute of Mithila Abadh Cultural Preservation Council, Janakpurdham-2072 has been promulgated.

 

CHAPTER – 1

(Preliminary)

  1. Short Title and Commencement:

1.1 The name of this Association shall be Mithila Abadh Cultural Preservation Council, Janakpurdham.

  1. It shall be named Mithila Abadh Cultural Preservation Council, Janakpurdham, Dhanusha in English. In short, it shall be called MACPC, Janakpurdham.
    • This Statute shall come in force after the approval from Nepal Government.
  1. Address of the Office:The head Office of this Organization shall be located in Janakpur Sub-metropolitan City, Ward No. 8, Janakpurdham, District Dhanusha.
  2. Sign and Logo of the Organization: The sign and logo of the organization shall be as prescribed in Schedule ‘A’.
  1. The Organization shall be corporate body:This Organization shall be an autonomous and corporate body having perpetual succession. It may sell or acquire moveable and immovable property and exercise the legal rights as a person.

 

  1. Definitions:

In this statute, unless the subject or the context otherwise requires,-

  1. “statute” shall mean  the Statute of Mithila Abadh Cultural Preservation Council, Janakpurdham-2072.
  2. ‘members’shall mean members pursuant to Rule 6 of this Statute.
  3. “officials”shall denote president, vice-president, secretary, treasurer, and members of the Organization.
  4. “working committee”shall mean the working/executive committee being formed Rule 13 of this Statute.

CHAPTER -2

  1. Aim:

 Cooperating with different stakeholders organizations/associations, this organization has the aim of operating service oriented programs by conserving, promoting and developing the temples, shrines, ponds and spots of ancient, historical, cultural, religious and archeological sites located in Janakpurdham, conducting different religious festivals like vivaha panchami, Ramnawami, Madhamiki (Panchakoshi) parikrama, entra–altar parikrama, purnima in a appropriate way and for the proper management of sanitation, restrooms, and safe drinking water by making Mithila area a clean, safe and free of open- faces area.

  1. Objectives:

The objectives of this Organization shall be as mentioned below:

  1. To do selfless social service on public welfare, cultural preservation and its promotion as well as the society without discrimination on the ground of cast, class, language and sex
  2. To establish different training and research centers for the development and protection of culture of Mithila and Abadh
  3. To conduct different programs on preservation and development of temples, shrines, and ponds of Mithila area on the ground of historical, cultural religious and archeological importance of the same
  4. To avail rest house, food, food, medication, sanitation for  pilgrims and tourists visiting in religious occasions by coordinating with different stakeholder  organizations/associations to strengthen historic, religious, and cultural ties between Mithila and Aabadh
  5. To make necessary arrangement for the purity of temple, shrines, ponds, and other old, historic, religious, cultural and archeological  sites
  6. To advertise and arrange the functions like vivaha panchami, Ramnawami, Madhamiki (Panchakoshi) parikrama, entra–altar parikrama, purnima in coordination with local authority and other stakeholders organizations/associations
  7. To organize seminar, workshops, awareness campaign time to time; to publish literature; establish research center, library and library forum and award literature and writer for the outstanding contribution with the objective of establishing identity of Mithila and Abadh region
  8. To award the talents organizing different programs including painting, essay writing, songs, poetry, drama, dance relating to Mithila and Abadh culture
  9. To promote yoga operating yoga education
  10. To make permanent and temporary toilets at different places for the proper management of sanitation and operate different programs on sanitation working on clean, safe and free of open-faces area to Janakpurdham
  11. To manage the exhibition spot to depict the culture of Mithila and Abadh, auditorium, information center, medicine facility, lodgings, proper food to the people in marriage procession participating from India and other places on the occasion of Vivaha Panchamiwith due courtesy
  12. To establish training centers on painting, sewing, embroidering for the cultural awakening and self-reliance of women
  13. To provide necessary cooperation in treatment and yoga for helpless, disabled, patient with long illness and sages and saints
  14. To establish cowshed and help in the treatment of old, strayed, disabled cows, oxen, calves etc.
  15. To arrange food, settlement for the house renounces, treatment center for the homeless elderly people
  16. To operate different programs for the personality (physical, mental and intellectual) development of the youths
  17. To organize conference, programs, and pilgrimage etc. from the saints and sages from Ayodhaya, Chitrakut, Sitamadi relating to Mithila culture
  18. To operate camp and avail food, clothes and medical facility to the victims of earthquake, fire, misfortunes, floods, epidemics and other natural calamities
  19. To appoint volunteer and staffs for the attainment of objectives of the Organization
  20. To coordinate or work together with regional or provincial government, municipality, governmental or non-governmental organization or from any other official as necessary under the prevailing law to fulfill one or   all forgoing objectives and receive any rights, concession, assistance and privileges

CHAPTER -3

  1. Types and Qualification to Membership:

8.1 The organization shall have the following types of membership.

  1. General Member
  2. Founder Member
  3. Life member
  4. Honorary member

8.2 Any Nepalese having completed the age of 18 years and desirous to contribute in religious, cultural, social and physical development of Janakpurdham may be the general member of this organization upon the decision of executive committee.

8.3 The official and members of the ad-hoc committee of the organization establishment shall be the founder member of the organization.

8.4 Any person or organization having contributed or contributed significant donation, etc to this organization or made contribution in religious, cultural, social and physical development of Janakpurdham shall be conferred the honorary membership upon the decision of the executive committee.

8.5  Any person desirous to provide lifelong support to the organization with the prescribed payment for the life membership as mentioned in the Statute shall be provided the life membership upon the decision of the executive committee.

 

  1. Membership Fee:

9.1 The entry fee shall be Nrs. 1100.00.

9.2 The annual fee of the organization shall be Nrs. 501.00. The annual membership fee must be paid at the time of membership renewal.

9.3 Nothing withstand whatever contained in forgoing provisions No. 7.1 and No. 7.2, no membership fee shall be charged while conferring the honorary membership.

9.4 The life membership shall be Nrs. 5100.00.

 

  1. Termination of Membership:
  2. Membership shall be terminated under the following grounds;
  3. If the resignation is tendered to the executive committee in writing.
  4. If died
  5. If proved to have acted against the interest of the organization, the membership of any person can be suspended for a fix period or for all time or terminated by the decision of executive committee. Such decision is the subject to ratification from the general meeting of the Organization. Provided that, a chance of fair hearing must be provided before taking such decision.
  6. If the resolution by the 66 per cent of the members in General Meeting is passed to remove the membership
  7. If the membership is not renewed.
  8. If have unsound mind
  9. Having convicted an award in criminal offence and moral  turpitude by the court

 

 

CHAPTER -4

Provisions relating to General Meeting

 

  1. Formation of General Meeting:

All the members having acquired the membership pursuant to Rule 8 of this Statute shall be the members of the Organization.

Provided that, the Honorary Member may participate and present the opinion but cannot take part in the election.

  1. General Meeting:

12.1 The General Meeting shall be the supreme body of the organization.

12.2 The General Meeting shall be hold once in every year which shall be called Annual General Meeting.

12.3 If 25 percent members of the general meeting demand to call a Special General Meeting with the cause in writing; the Executive/Working Committee shall compulsorily call Special General Meeting within 21 days receiving of such application.

12.4 Special General Meeting may be called by the executive committee under special circumstance.

12.5 The venue, and date of the General Meeting shall be as specified by the executive committee.  The notice of the Annual General Meeting and special general meeting shall be availed to the members at least before one month and seven days respectively in advance.

  1. Quorum:

13.1 The quorum for annual general meeting shall be at least more than 50 percent of the total members.

13.2 The quorum for special general meeting shall be at least more than 50 percent of the total members.

13.3 In special general meeting, no agenda except mentioned shall gain floor without the approval from the chairperson.

  1. Rights, Duties and Functions of General Meeting:

Rights, Duties and Functions of General Meeting shall be as follows:

14.1 To conduct election of the officials in executive committee

14.2 To determine the policy and program of the organization

14.3 To determine the program for upcoming one year

14.4 To endorse annual budget of income and expenditure of the organization

14.5 To appoint the auditor for next fiscal year

14.6 To provide direction to executive committee

14.7 To execute other functions as prescribe in regulations to be framed as and under this statute

14.8 To amend statute as required

  1. Formation of Executive Committee:

15.1 An executive Committee consisting of 9 members being elected from the General Meeting of the Organization shall be comprised as follows.

President ………….……….….1

Vice president…………………1

Secretary …….….……………. 1

Treasurer ………. … ………….1

Members …………… … ……..5

15.2 Tenure of office of the Executive Committee shall be of 3 years.

15.2.1 The executive committee shall as far as possible consist of woman, madhishi, indigenous people, janajati, dalit people in the ratio as prescribed by the prevailing law.

15.3 In the event if the post of any member of the executive member falls vacant prior to the tenure of the office, the Executive Committee may fulfill the vacant post for the remaining period. The decision made as such must be approved by the upcoming general meeting of the organization.

15.4 The office of the official of the executive committee shall be ceased on the following grounds.

 15.4.1 If the resignation from president is tendered to executive committee and other official to the president and the same if approved, or

15.4.2 If the tenure of office is completed, or

15.4.3 If died, or

15.4.4 if the motion of no-confidence is passed in general meeting against the official, or

15.4.5 If remains absent continuously for 5 meetings of executive committee meetings without the notice of due reason and the dismissal for the same is made by the decision of executive committee.

Provided that, before such decision of dismissal, a chance of fair hearing must be provided to such official.

15.4.6 If the membership of the organization is not retained.

  1. Meeting of Executive Committee:

16.1 The meeting of the executive committee shall be held at least six times a year. The minimum quorum of the meeting shall be 51 percent.

16.2 The meeting of the executive committee shall take place in the venue and time prescribed by the president.

16.3 The decision of the executive committee shall be maintain in the minute book.

16.4 The decision of the executive committee shall be certified by the signatures from chairperson and secretary.

  1. Rights, Duties and Functions of Executive Committee:
  1. To implement and cause to be implemented the decision, plan and policy of the General Meeting.
  2. To appoint the election officer
  3. To nominate the official among the member of the organization in executive committee until the general meeting takes place
  4. To implement and cause to be implemented the decision of executive committee.
  5. To implement and cause to be implemented necessary programs determining the same as per the aim and objectives of the organization
  6. To approve the budget and account of income and expenditures and the get the audit of the organization done in every fiscal year
  7. To frame rules as necessary under this statute for the running of the daily affairs of the organization
  8. To appoint necessary staff for running daily affairs of the organization and determine their terms of service, salary or dismiss them if required.
  9. To confer whole or part of authority to any of the official of the executive committee if and when necessary
  10. To take in lease, purchase or receive as gift any land, house required to fulfill the objectives of the organization exercising the necessary procedures
  11. To call the biddings, approve, agreement, monitor under the prescribed procedures of prevailing law for the construction to be done by the Organization or do the construction exercising all the rights relating to the construction
  12. To protect, promote and manage the moveable and immovable own by the organization or received in lease
  13. To formulate programs and execute effectively such program coordinating with local authority for the proper management of different festivals and occasions

CHAPTER -5

Rights, Duties and Functions of Officials

  1. Rights, Duties and Functions of President:

18.1 To lead the organization and play a key role in fulfilling the aim and objectives of the organization

18.2 To call the meeting of executive committee, prepare documentation on behalf of organization, take care of the organization and control the same

18.3 To execute the decision of general meeting and executive committee

18.4 To chair the meeting of general meeting and executive committee and cast the decisive vote in the event of tie of votes

18.5 To provide necessary instruction to other officials of the executive committee and branch and contract office as well as the staff of the organization

18.6 to do or cause to do other works as prescribed by the general meeting, executive committee, statute and regulations

  1. Rights, Duties and Functions of Vice-President:

19.1 To participate in the work of the president or do the task as delegated in writing

19.2  To exercise all the power of the president in his absence and perform the duty

19.3 To inform president analyzing the progress report of the organization

  1. Rights, Duties and Functions of Secretary:

20.1 To maintain the report participate in the work of the president or do the task as delegated in writing and execute the same

20.2 To prepare documentation on behalf of the organization and take care of all the documents, moveable and immovable property or cause for the same

20.3 To provide necessary advice to the president, call the meeting of executive committee and general meeting and present the report if necessary

20.4 To coordinate between all the officials and members of the association and maintain the coordination among different branch offices

20.5 To implement or cause to implement different programs by formulating different plans with the approval of executive committee for the attainment of objectives of the association and to do or cause to do different works likely to beneficial for the association as the direction of executive committee

20.6 To do or cause to do different works likely to beneficial for the association as per the Statute and Regulations of the association

  1. Rights, Duties and Functions of Treasurer:

21.1 To present the report of income and expenditure in the meeting of annual general meeting and the executive committee

21.2 To operate the fund of the association and keep or cause to keep the record of income and expenditure

21.3 To prepare the annual budget and present the same in the annual general meeting through executive committee

21.4 To work or cause to work the assigned task by the president

21.5 To do or cause to do different works beneficial for the association as per the direction of executive committee

21.6 To do or cause to do tasks beneficial for the association as per the Statute and Regulations of the association

  1. Rights, Duties and Functions of Executive Committee:

22.1 To abide or cause to abide the decision  made by the executive committee

22.2 To complete the assigned task by the executive committee and inform the same to the president

22.3 To present in the meeting of the executive committee and provide advice and suggestion so as to be beneficial to the association

22.4 To inform president on assigned tasks at the time the meeting of the executive committee is not hold or any work being done and call the meeting of the executive committee if necessary

22.5 To do or cause to do different works beneficial for the association as per the direction of executive committee

22.6 To assist president in the daily affairs of the association to complete the objectives of the association

22.7 To do or cause to do tasks as prescribed in the Statute and Regulations of the association

22.8 To execute the policy, objectives and plan of the general meeting

 CHAPTER -5

Financial Provisions

  1. Financial Source: This association is non-profit social organization

23.1 The organization shall have separate fund of its own

23.2 The fund shall have the following deposits from different sources;

  23.2.1 Amount from membership fees from the members

23.2.2 Amount for assistance being availed as grants, donation etc from Nepal Government, any government or non-governmental organization, person or national or international agencies

23.2.3 Amount being earned through creative works by the organization

23.2.4 Amount being received prom the prescription of moveable and immovable property of the organization

  1. Details of the Moveable and Immovable Property:

24.1 The details of the moveable and immovable property of the organization shall be kept up to date.

24.2 The While making expenses, the procedures as prescribed by the executive committee shall be adopted

24.3 The organization has no moveable and immovable properties. The immovable property being received or purchased in the name of the organization shall be in the name of the organization

  1. Fund:

25.1 The account being operated in the name of the organization at different banks shall be executive by the joint signatory of president and one among treasurer or secretary.

25.2 The fiscal year of this organization begins from the month of Shrawan 1st to Asar last of Nepali calendar.

 

  1. Audit of the Organization:

26.1 The audit of the organization shall be carried out by the qualified auditor being appointed by the general meeting every year covering the audit of income and expenditure including standing list of moveable and immovable properties. The audit done as such shall be presented and passed from the general meeting called in that very fiscal year.

26.2 The annual transitions and audit report of each fiscal year shall be submitted to the local authority.

26.3 The record of the income and expenditure shall be kept up to date in the supervision of treasurer.

26.4 The report of income and expenditure shall be presented in the annual general meeting by the treasurer and the provisions of Act relating to Rights to Information-2064 shall be abided.

26.5 The payment and allowances to the official of the executive committee being involved in the daily work of the organization shall be as prescribed by the general meeting.

26.6 The payment and allowances to the advisor, staff and auditor being appointed by the decision of the executive committee shall be as prescribed by the general meeting

CHAPTER -7

Provisions relating to Election, No Confidence Motion  

 

  1.     Provision relating to Election:

For the purpose of election of the executive committee, an election committee shall be constituted by the executive committee. The election procedures shall be as prescribed by the general meeting and for the time before formulation of such procedures by the general meeting, the same shall be as prescribed by the election officer or election committee. New executive committee shall be election within 6 months from the date of the organization registration and the notice of the same shall be availed to the local authority.

  1.     Qualification to be the Candidate:

The person having own the membership prior 1 month of declaration of election of the executive committee, the members other than honorary membership may give candidature for the executive committee.

  1. No Confidence Motion:

29.1. The official of the executive committee may be removed from the office of the committee by the resolution of at least 2/3 majority of total members.

29.2 To table the no confidence motion in the general meeting, the resolution should be signed by at least 25% members, out of total member of general meeting or as per the decision of the executive committee. The chance of fair hearing shall be provided to the person against whom the no confidence motion has been tabled.

  1. Amendment of Statute:

30.1 If and when the statute of the organization requires to amend, the resolution on such amendment must be tabled in the general meeting by the decision of executive committee and the same if approved by the 2/3 majority of total members and such amendment if approved as per the prevailing law of Nepal by the authority, the amendment deems to have amended from the date of such approval from the concerned authority.

30.2 While taking floor of such resolution of amendment, there must be at least 50 percent of total general members being present in the meeting.

  1. May Frame Rules and Regulations:

The executive committee of the organization may frame necessary rules and regulations to fulfill the objectives of the organization and to manage the additional procedures under this statute, Organization Registration Act-2034 and the law under this Act.

  1. In the event of dissolution of organization by default performance of the organization or any reason thereof, the settlement of accounts and liability of the organization, all balance assets shall be devolved to Nepal Government.
  1. Special Provisions:

33.1 The executive committee may full or part of its rights may delegate its power to any committee, official or any other member.

33.2 The ad-hoc committee formed at the time of signing the statute of this organization shall be the executive committee being formed as per this statute.

33.3 The annual general meeting of the organization shall be called within 6 months from the date of registration of this organization.

  1. Saving:

The provision mentioned in this statute shall be as per this statute and the rest shall be governed by the prevailing law of the country.

 

  1. To be Void:

Any provisions of this statute inconsistent to the prevailing law shall be ipso-fact be void to the extent to such inconsistency.

  1. Interpretation:

The interpretation of this statute shall be as interpreted by the executive committee.

 

 

 

 

 

 

Annnex-1

(Relating to Rule 3 of the Statute)

Seal and Emblem of the Statute