Documenti di Didattica
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of Notary Public:1509
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Chapter-1
Preliminary
1. Short Name, Commencement and Use:
A. The Constitution of Non-Governmental Organization Federation of
Nepalese Indigenous Nationalities Nepal, 2004.
B. The name of the organization to be established under this constitution
shall be Non-Governmental Organization Federation of Nepalese
Indigenous Nationalities Nepal. In short it shall be called NGO-FONIN. In
short, it shall be: “NGO-FONIN”
C. This constitution shall be effective from the date of Registration of the
Federation and approval from the local official.
D. This constitution shall be enforced to all the members and office bearers
of the Federation on full scale.
2. Definitions:
Unless the subject or context otherwise requires, in this constitution:
A. ‘Constitution’ refers to the Constitution of Non-Governmental
Organization Federation of Nepalese Indigenous Nationalities
Nepal, 2004.
B. ‘Non-Governmental Organization' refers to the organizations
deserving the conditions as prescribed in Section 5 of the
constitution.
C. ‘Federation’ refers to Non-Governmental Organization
Federation of Nepalese Indigenous Nationalities Nepal, 2004
established
under this constitution.
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D. ‘Indigenous Peoples (Adibasi)’ refers to the heirs of the people living
in the parts of this country prior to the unification of Nepal or prior to
the arrival on this land of people of different community and culture
from outside as well as the peoples recognized by the state as the
indigenous peoples the ethnic and tribe or community thereof on
the basis of the having traditional language, religion, culture,
civilization and ancestral land or such ethnic/tribes as having
separate identity and liable to be given recognition of Indigenous
Nationalities.
E. ‘Janajati’ refers to the communities or who do not belong to the
Hindu racial structure, cast, class including Islam and Christean,
having their own language, religion, culture and socio-economic
system and being regulated social life cycle in full or part in their
own traditions, traditional practices, customs and customary laws
but having been oppressed and excluded by alien culture and
values. based social structure or the extension or the class thereof
or the people of different caste, sub-caste or the religious
community and its members isolated from the values and percepts
of the inspite the fact of deserving the traditional language,
religion,and cultural characteristics as well as the highly
distinguished social and economic system and having the
indigenous customs or traditions in full or partial basis or having the
social status of having been regulated from conventional laws and
rules but not belonged to the Christian,Islam religion and culture.
F. ‘Member Organization’ refers to the Member Organization obtining
the membership of the Federation.
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G. ‘Central Committee’ refers to the Central Executive Committee of
the Federation.
H. ‘Office-bearer’ refers to the office-bearers and members of the
Central Committee and Subordinate Commitees.
I. ‘Subordinate Committee’ refers to the different departments,
committees and sub-committees as well as the branches remaining
under the control of the central committee.
J. ‘Rule or Bye-rule’ refers to the rules and bye-rules formulated under
this constitution for the internal work operation.
K. ‘Local Official’ refers to the Chief District Officer.
L. ‘Prescribed or as prescribed' refers to prescribed or as prescribed in
the constitution, rules or bye-rules formulated under this constitution
and prescribed or as prescribed by the central committee.
Chapter-2
Formation and Objectives of the Federation
1. There shall be formation of the Federation entitled ‘Non-Governmental
Organization Federation of Nepalese Indigenous Nationalities, Nepal’
2. The federation shall be a body corporate, autonomous, independent,
perpetual, profitless and collective forum/organization.
3. The Federation may obtain, possess, utilize and sell the movable and
immovable property as an idividual.
4. The Federation may sue and be sued upon its own name.
5. The Federation shall have its own seal and emble as per Annex1.
6. The Central office of the Federation shall be located in the Kathmandu
Valley and the branches may be opened in other places as per necessity
with the consent of the local official.
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7. The working area of the organization shall be within the state of Nepal as
per the approval of the local official.
8. The provision of this constitution shall be held as per the Organization
Registration Act, 1977 and other prevalent Nepal Laws. The organization
shall discharge the work remaining within the boundary of the policy and
directives of the government.The work shall be performed only with the
prior permission of the government wherever it appears necessary.
9. Affiliation: The affiliation may be made with other bodies recognized by
the government.
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6. To introduce the internal unity and develop the leadership among the
NGOs working for the support of educational, economics, social, cultural
and political development of the indigenous nationality.
7. To initiate campaign of the rights granted by the Bio-diversity and
Environment, Civil and Political Rights ,Economic, Social and Cultural
Covenants, Universal Declaration of Human Rights, ILO Convention 169
and continue to empower Nepali NGOs.
8. To introduce the reciprocal unity, affection and brotherhood among the
whole prevalent indigenous nationalities of the nation and establish the
common institutional and empowered structure for the creation of the
concrete and active co-operation over the national development and
concretization of the nationalities.
9. To generate the financial and technical aid with the effort of the
Federation for the operation of the essential programs and projects in
order to develop the areas of the languages, art, literature, writing,
religion, culture, knowledge, skill and education which have been at the
verge of extinction.
10. To create fair culture and treatment among the NGOs and continuously
develop the concept of the caste, racial, religious identity and gender
equality and support the concept of the overall national development.
11. To publish and distribute the different reports, poster, brochure,
newspapers etc. along with the coduction of programs for the increment
of awareness.
12. To perform or cause to perform all the other functions in line with the
Preamble and the afore-stated objectives.
13. The objectives stated in Section 4 shall be implemented only after
obtaining approval of the concened governmental body.
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Chpater-3
Provision relating to Membership:
5. Qualification for the Membership:
The following NGOs shall be entitled to obtian the membership of the
Federation on the condition to fully abide by the provision of the Constitution,
policy and rules.
1. The social organizations with the majority of the indigeneous nationalities in
the managerial and decision process of the orgnaization and having been
established under the law and led by the volunteer indigenous natioanlities.
2. The volunteer social along with the profit free and politics free objectives.
3. The organization with the open membership system.
4. The organization with the method of direct election system for the selection
of the leadership.
5. To work and support the rights and interest of the indigenous nationalities.
6. To have agreed over this constitution and to be interested for the joint
works in order to obtain the common objectives.
7. Not to affect adversely on the indigenous culture of the indigenous
nationalities.
8. To have transparent economics system.
9. To have cordial feeling over the marginalised castes, poor people, children
and elderly class as well as committed for the awareness,development and
empowerment of the community or the group of the indigenous
nationalities.
6. Kinds of Membership:
The Federation shall have following three varieties of membership.
Genferal Member: The main Nepali NGOs qualified under section 5.2.
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Honoray Member – Nepali individuals and organizations making the best
contribution for the development of the indigenous nationalities.
Affiliate Member: The Federation and the Nepali co-operating associations to
the NGOs affiliated with the Federation.
7. Fee of Membership:
1) The membership fee shall be as follows.
Entry Fee Annual Renewal Fee
A. General Membership Rs. 500/- Rs. 500/-
B. Honorary Membership
C. Affiliate Mmeber Rs. 8000/- Rs. 8000/-
2) The membership shall be held valid till the end of Ashadh and all the
members shall renew the membership by the end of Shrawan.
3) In case the member is no able to renew the membership as per sub-section
in time the membership may be renewed by the end of Bhadra with the
payment of late fee Rs. 50/-.Upon the lapse of the time as such
themembership shall be held ip so facto void.
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1. Not to do any function harming the Federation.
2. To fully comply with the policy-rules and code of conduct prescribed by
the Federation as per the cosntitution.
3. To honestly perform the responsibility conferred by the Federation.
4. To pay the fee payable to the Federation in time.
5. To attempt for the success of the programs organized by the Federation
by participating over it.
6. To participate in the general meeting and convention of the Federation.
7. To participate in the election for the selction of the leadership except by
the affiliate member and honorary member.
8. To select a representative and an observer from the related organization
(from among the indigenous nationalities) for the participation in the
general convention and general meeting.
9. Bring no confidence motion or other resolutions as per necessity.
10. To make all the efforts for the promotion and concretization of the
Federation.
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5. The conclusion is drawn by the Federation that its policy, rules and code
of conduct have been breached.
6. The following organizations are disqualified for the membership of the
Federation:
A. The organizations indulged in the activities contrary to the rights and
interest of the indigenous nationalities.
B. Profit – oriented and the organizations guided by the particular
political organisations.
C. The organizations having the objective to make champaign of the
religion specifically, trade unions or professional organizations
desiring to develop the professional interest only.
D. The organizations of the sports and entertainment.
Chapter- 4
Organizational Arrangement
11. General Meeting:
1. The general meeting shall be the supreme body of the Federation.
2. The general meeting shall be organized every fiscal year on the date and
place as prescribed by the central committee.
3. The following persons may represent in the annual general meeting.
A. The office bearers and members of the central executive committee.
B. A representative elected from the each branch.
C. One representative and one observer elected form each member
organizations (One woman out of two).
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D. The representatives of the honorary and affiliate members. Provided
that, the members as such shall not participate in the election
process.
4. The general – secretary of the Federation shall serve the notice to all the
members prior to 30 days of holding the annual general meeting with the
stipulation of the annual income and expenditure report and other
contents for discussion and the program of general meeting or the notice
as such shall be brought into the notice of public with the publication in
the daily newspaper of the national level.
5. In case the members are desirous to bring resolution over any topic it
shall be registered prior to 30 days the date of of holding general meeting
in the central office of the federation.
6. The quorum of the general meeting shall be the attendance by 60%
members of general meeting entitled to vote. The general meeting may be
conducted by recognizing the attending members as the quorum in case
there has been no fulfillment of quorum within the pre-determined time.
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1. The convention of the Federation shall be held for a time in three years.
The general conventions shall, in addition to the acts mentioned under
sections 11 and 12, perform the works of election of the new central
executive committee, the amendment of the constitution as essential, and
approval of the no confidence motion.
2. There shall be inclusion of the central executive committee office bearers
and members, a representative elected by each branch, a representative
elected by each member organization of the federation and an observer
there of (one woman out of two) as well as the honorary and affiliate
members in the general convention. Provided that, the honorary and
affiliate members cannot participate in the election process.
3. In case there has been submision of written demand with the signature of
33% members out of the total members of the federation showing the
special circumstance before the Central Executive Committee or the
Central Executive Committee or Central Committee unanimously adopts
the resolutions to call the special general meeting it shall be called within
60 days. The information there of shall be served to all the representatives
of the general convention and the member organizations in writing.
4. To participate in the voting process there shall be members of the
federation having affiliated prior to three months.
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Vice Chairman...........................................................1
General Secretary .....................................................1
Secretary....................................................................1
Treasurer....................................................................1
Members elected from the regional basis ..................5
Other members...........................................................7
Total ............................................................................17 Members
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5. The chairman may call or cause to call via the general secretary the
meeting of the central committee as per necessity. In case there has been
demand by at least 33% members with the stipulation of the topic for
disculssion the general secretary shall call the meeting within 15 days.
6. The office bearer or member making absence for consecutive three time
without notice may be removed from the post by the executive committee.
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To provide leadership for the accomplishment of the objectives of the
Federation.To chair the meeting of the executive committee, general meeting
and general convention and perform the work as well as direct under the
designation of the chief of the Federation.
2. Vice-chairman:
To act as the assistant of the chairman for the accomplishment of the ojective
of the Federation. To perform the entire functions on behalf of the chairman in
his absence.
3. General -secretary:
To conduct the office of the Federation tactfully and successffully, to
implement or cause to implement the policy and directives as well as the
decision and maintiain all the records of the Federation updated and safe.
4. Secretary:
To co-operate the function of the General-secretary and perform all the
functions of the general secretary in his absence.
5. Treasurer:
The Treasurer has to maintain all the records of the financial transactions of
the Federation on the updated basis.To maintain the annual income and
expenditure record inspect and control or cause to do so as well as make the
financial administration regulated.
6. Members:
To perform the works and status for the discharge of all the responsibilities
given by the central committee tactfully for the accomplishment of the
objectives of the Federation.
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A. The district level office may be opened with the decision of the central
committee and consultation of the local official in case there has been at
least nine or more members of the Federation in any district.
B. There shall be the district general convention of all the district level
branches.All the members of the concerned district shall have been ip so
facto member of such district general convention.The district general
convention shall elect the district committee and office-bearers as well as
the members. As per necessity there shall be a chairman. A vice-
chairman,a secretary,a treasurer, and other members totaling to five to
thirteen members along with the working tenure of three years.
C. There shall be at least a district general meeting in a year.
D. The district committee shall be held accountable with the central
committee.
E. The other functions shall be as prescribed by the central commitee to the
district committee.
Chapter-5
Financial Arrangements
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D. The amount to be received from the sale and distribution of the
awareness generating developmen oriented newspapers, books etc. by
the Federation.
E. Other prize, assistance and donation.
2 Fund:
A. A fund may be created by opening Acount in any bank in the name of the
Federation and it shall be operated accordingly.
B. The Fund and bank account under sub-section 2 (A) shall be undertaken
with the signature of the Chairman or general secretary and treasurer.
4. Audit: The audit of the Federation shall be performed at the end of every
fiscal year by the auditor recogniged by the government. There shall be
submission of the audit report in the District Administration Office and Social
Welfare Council.
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5. Particulars of Movable and Immovable Property:
There has been no movable and immovable property of the Federation at
present. Upon having the movable and immovable property as per the
cosntitution the updated record thereof shall be submitted before the District
Administration Office and Social Welfare Council.
Chapter-6
Provision relating to Election
20. The Provision relating to Election of the Federation shall be as
follows:
1. Formation of the Election Committee:
A. There shall be formation of the election committee by the central committee
prior to a month of the general convention with an election office and two
assistants to work.
B. The election committee shall publish out the election programs including
the procedures, rules and time table of the election prior to five days in the
venue of the general convention.
C. The members of the election committee shall not be qualified to be the
candidates in the election.
D. The other process of the election including the filing of the candidacy,
complain over the candidacy, publication of the voter’s list, resolution of the
election related disputes and the the other arrangements shall be as
prescribed or determined by the election committee as per this constitution.
E. The election committee shall have tenure to work till the election.
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B. To prescribe for the election related procedures, policy, rules and time table.
3. Process of Election:
A. The election shall be held as per the democratic process on the basis of
one member one vote.
B. There shall be application of lottery system for election in case of
occurrence of tie.
4. Qualification to be Candidate:
A. The organization of the representative willing to be candidate shall have
been member of the organization prior to at least consecutive two years of
the Federation.
B. The candidate shall have been a Nepali citizen having completed 18 years
as of the day of the election.There shall be a proposer and a supporter of
the member organization representative.
C. The person/representative placed as the proposer and supporter of a
candidate shall not be held eligible to be the proposer and supporter of the
other candidates.
D. The membership shall be renewed.
E. The person acting in the civil, education, police or army service or political
appointment shall not be held qualified for the candidacy. In case of having
the appointment over the said designations at the time of having the post,
the handled psot shall be held ip so facto vacant.
F. The provision of Section 20.4 .A shall not be held effective for the first
election.
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1. The No confidence motion may be broght against the office-bearer or
member or the executive committee.
2. It shall be registered in writing at the central office of the Federation with
the signature of at lest 33 % members with the stipulation of the causes
thereof.
3. Upon the receipt of the no confidence motion the central committee shall
present the motion as such by convening the special general meeting as
per section 13 (3).
4. There shall be opportunity to the cocerned office-bearer in the special
general meeting for the presentation of the explanation and defence.
5. The no confidence motion may be adopted by two third members of the
total members of the general meeting.
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By remaining within the boundary of the constitution the general meeting may
formulate the differnt committees, reshuffle and liquidate thereof as well as
formulate, enforce amend or repeal the employees and other essential rules
and bye-rules.
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3. General Secretary Shiva Ram Rai, Rastriya Bikash (Cooperative s/d
Mahotari Society for National
Development Nepal),
Chairman
4. Secretary Ujir Bd. Rana Magar, Sudhar Nepal (Reformation
Siraha Napal),
Vice-chairman
5. Treasurer Aina Subba, Jhapa Chulachuli Unesco Club,
Treasurer
6. Member Shankar Subba Limbu Bhasha (Limbu Language and
Culture Development Centre)
7. Member Laxmi Rai, Bhojpur Shristi s/d
8. Member Maniram Bahing Bahing Kirat Mulukhim s/d
9. Member Bhawani Pd. Lohorang Lohorung Yakhaba Samaj
10. Member Tej Bd. Nachiring Kirat Radu Naghiring Sakham
11. Member Parshuram Khaling Khaling Bhasha Utthan
Shangh
26. Saving:
1. Upon The office-berers and members of the executive committee as well as
the employees of the Federation shall not be held personally responsible for
the loss or damge caused by their work based on good faith.
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with the previously registered organization, the matter as such shall be
changed following the rules.
LOGO:-
Inside the circle shape there shall be sketch of Mountain and Plain land upon which there
shall be botanical flower based on bio-diversity caught by the indigenous nationalities men
and women needed to chant Seuli Mundhum (Religious text) and also for the religious
treatment to express gratitude to the ancestors to each, in the bottom of which there has
been stipulation of the title of the Federation Non-Governmental Organization Federation of
Indigenous Nationalities Nepal, 2061 B.S. (2004).
Schedule-10
(Related to Sub Rule (5) of Rule 18)
Form of Translation Copy of Document
"The Translation copy is true and verified"
Signature :
Name : Bijaya Prasad Mishra
Date : 22nd June 2009
Certificate Number of the Notary Public : 26, Date of Expiry of Certificate : 4th November 2012
Seal of the Notary Public:
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