(B) Net income deposited in Saving Account and fund collected from different financial organization in accordance with .
(Unofficial Translation)
Constitution of “Rupa Lake Restoration and Fisheries Co-operative Association” The General Assembly of “Rupa Lake Restoration and Fisheries Co-operative Association” hold on Bikram Samwat 2058.11.7 agreed to establish an association and adopt this constitution according to the sub-Article-14 of Co-operative Regulation-2049 using the right of Article 18 of Co-operative Law 2048.
Preamble Lake Rupa is situated between Lekhnath Municipality and Rupakot Village Development of Kaski District, Gandaki Zone. The local community living around Lake Rupa, establishes an association based on co-operative principles of Ministry of Agriculture and Co-operatives of His Majesty's Government of Nepal. The goal of the association is livelihood improvement of people living around Lake Rupa through community based restoration measure of the diminishing Lake Rupa ecosystem and associated biodiversity. It is expected that this project could substantially improve the livelihood of traditional fisher, prevent shoreline encroachment and promote eco-tourism in the area to uplift the socioeconomic status of people living on catchments areas of the lake through fisheries activities in the Lake. All the assets in the name of Lake Rupa belong to His Majesty Government of Nepal. Despite of the bylaws of “Lake Rupa Restoration and Fishery Co-operative Association”, there would be no objection for His Majesty's Government to strengthen the lake restoration program in Lake Rupa, unless having any negative impact. The Association shall pay tax to Government from income generated through different activities in its command areas. The Association would be liable to pay compensation to rice growing farmers near by the lake, if incase, they lose crop by the Association's activities.
1. Name and address: (A) The Association shall know as “Rupa Lake Restoration and Fisheries Co-operative Association Limited.” or in Nepali "Rupa Tal Punarsthapan Matsya Palan Sahkari Sangh".
(B) The address of the Association would be "Office of Rupa Lake Restoration and Fisheries Co-operative Association, Furke Tunda, Village Development-6, Rupakot, Kaski District. Information shall be given to respective authority within 7 days in case of changing in mailing address.
(C) This constitution shall be immediately effective after signing from Registrar of the Office of the Co-operatives, Kaski District, Ministry of Agriculture and Co-operatives, HMG, Nepal.
2. Definition (A) Co-operative stands for “Rupa Lake Restoration and Fisheries Co-operative Association Limited.” (B) "Member" stands for people having share as depicted in the constitution. (C) "Committee" stands for Executive Committee as depicted in the constitution. (D) "Registrar" stands for registrar of the Department of Co-operative or his/her nominee, under Ministry of Agriculture and Co-operatives, HMG, Nepal. (E) "General committee" stands for group of all regular members having share in the Association. (F) "Constitution" stands for Constitution-2058 of "Rupa Lake Restoration and Fisheries Co-operative Association Limited". (G) "Specific" or "as specified" stands for laws and bylaws approved from General Assembly of the Association. (H) "Law" stands for Co-operative Law 2048. (I) "Regulation" stands for Co-operative Regulation 2049. (J) "Command area" stands for area mentioned in the Constitution.
3. Association shall be an organized association: (A) Association shall be an unchangeable autonomous body. (B) Logo of association shall be as shown in Annex-1 for official work. (C) Logo shall keep along with person nominated by Executive Committee. (D) Association shall have right to raise and use funds and assets as an individual. (E) Association can file and defend against any accusation as an individual.
4. Command Area of the Association (A) Rupakot VDC, Ward No. 1, Tallo-tal-bensi (B) Rupakot VDC, Ward No. 6, Bhangara (old resident of Mul), Jaman Kuna, Sisthani (C) Rupakot VDC Ward No. 8, Bhimsen Danda, Talpari (D) Lekhnath Municipality Ward No. 10, Tallo-tal-bensi (E) Lekhnath Municipality Ward No. 11, Caur, Kalimati, Paurakhe, Sahukuna, Sundari Danda, Simal Danda (F) Lekhnath Municipalty Ward No. 14, Lower side from way to Mohan Danda from Sisthani, Moruwa Chautara, Odare, Bank of Khola.
5. Objectives: The objectives of association shall be: (A)
Conservation and restoration of Lake Rupa
(B)
Setting of net enclosure at the outlet of Lake Rupa for community fishery enhancement.
(C)
Develop surroundings of Lake Rupa area appropriate for village tourism.
(D)
Fund raising with co-operative's members for biodiversity conservation of catchments area and lake.
(E)
Provide free scholarship up to class 10 in Government school for the children's of the traditional fisher family depending on fishing in Lake Rupa for their livelihood.
6. Following activities shall be done to fulfill the objectives: (A)
Develop strategies to make lake pollution free.
(B)
Decide beneficiaries
(C)
Invite the beneficiaries for sharing.
(D)
Net enclosure shall set at the outlet of the Lake with mutual co-operation as per design develop by concerned technician.
(E)
Regular member having very low income shall engage in fingerling rearing and selling for the Association.
(F)
Stock fingerlings in the lake
(G)
Fund collected from the shareholders shall mobilize for preventing shoreline encroachment and strengthening check dam at incoming stream into the lake.
(H)
Fish harvest shall regulate by increasing mesh size according to size of stocked fingerlings. Fishing in the lake by traditional fishers will be regulated after 3 months of enclosure setting.
(I)
Displaced traditional fisher community member will be provided with the job created under the Association.
(J)
Outsider shall not be allowed for employment in the project.
(K)
Priority in employment shall give to the fishers having fishing license since past.
7. Membership: Following person shall be the member of association: (A) People of above mentioned area under Annex-5 initially applied for registration in the Association. (B) People obtaining membership after registration of association. (C) Share holder obtaining share in accordance with Co-operative Law sub Article-1 of Article 23. (D) Membership shall be offered after recommendation by 2 share holder members in fixed format. Committee reserves the right to accept or reject the application. In case of rejection, opportunity shall be afforded to appeal in General Assembly, which decision shall be final.
8. Criteria of Membership: (A) Must be Nepalese citizen (B) People living around command area of the association (C) Must buy at least one share (D) Minimum age of 16 years (E) Must not mentally healthy (F) Not under jurisdiction in criminal case (G)People depends for their livelihood in cage culture, enclosure and fishery activities before registration of association
9. Entry fee: Non refundable amount of Rs. 100/- have to pay to acquire membership.
10. Dismissal of Membership: (A) When failed to deposit share money in specified time. (B) Death of member (C) Failed to fulfill the criteria mentioned in constitution. (D) After resignation (E) Dismissal from membership (F) When the Association dissolves or suspend (G) Charge of criminal case (H) Whatever mentioned in 10 (A) privileges to pay in installment basis shall be given to those falls under Article 14 (D).
11. Resignation from Membership: Member can submit resignation, which can be accepted by the Committee. But member liable to pay loan or other liabilities or recommended for membership for other member who is liable to pay loan money can not resign until getting clearance. Conditional resignation can be accepted by committee in view to make-up from deposit money or other ground.
12. Member dismissal: 1. Any member of the Executive Committee may be suspended or removed from the post by a two-third majority vote of all regular member of the association on any of the following grounds: (A) Work against association interest (B) Disobey to the Constitution laws/bylaws (C) Absent regularly thrice in joint effort in Lake Conservation and Restoration activities (D) Work anything against Lake Conservation program
2. Member shall be given opportunity to clarify and defend his/her position within 35 days before dismissal order by Executive Committee. However, during investigation one can be suspended till one year with the decision made by two-third majority vote of Executive Committee. Suspended member would not get any benefit during suspension period.
3. Member disagree with decision made under sub-article 1 and 2 can appeal to General Assembly which decision shall be final.
13. Financial fund for the Association shall collect from following sources: (A) Entry fees (B) Net income deposited in Saving Account and fund collected from different financial organization in accordance with Co-operative law of Article 17. (C) Aided fund collected from His Majesty Government of Nepal, personnel, Governmental or Non-Governmental Organization, National and International Organization etc.
14. Share Money: (A) 1000 share of face value Rs.5000 each shall be invited. (B) One can buy only one share. (C) Share money shall be deposited at one time during membership registration.
(D) Share can be invited within person from command area. (E) Whatever mentioned in sub-article „D‟ of Article 14, traditional fisherman from Rupa Lake area and people who do not have financial source of income shall offered one share on family basis and get liberty to pay in installment basis, if applied for consideration to committee. One has to pay within one year in three installments. (G) District Development Committee, Kaski, Lekhnath Municipality and Rupakot Village Development Committee shall be the founder share holder for one share to each.
15. Share Certificate: Member shall get stamped „Share Certificate‟ after deposition of share money. In case of loss or destroy of Share Certificate other copy of certificate shall be available with the payment of Rs. 50/-
16. Share Transfer: (A) Any member can partially or wholly transfer his/her share among at least eligible 25 members within association. (B) Any member after getting resignation approval or being dismissed as per rule of the Association shall get back his/her saving and other balance amount only after audit of the Account (C) Profit can be distributed among shareholder every year at the end of Asar (JulyAugust).
17. Responsibilities: (A) The Association shall have limit responsibilities. (B) Each member shall have duties and responsibility to work in favors of Lake Rupa conservation and restoration program, eco-tourism and biodiversity conservation.
18. Nomination of nominee: (A) Any member can nominate his/her nominee on recommendation of at least two regular members, which shall be approved by General Assembly.
(B) Nominated person shall fill all the criteria eligible to be a regular member of the Association. In case nominee belongs to outside command area, association shall pay back all due amount to such nominee.
19. Claim: (A) In case of death of member his/her share shall transfer after claim to nominee as per article of 16 or automatically transferable to authorized person as per rule of HMG/Nepal, if fails to claim by any one. (B) If nominee were a woman who is forced to stay back with her parents with some reason would have all right as a nominated person after notification to association.
20. First General Assembly: 1) First General assembly shall be held within 3 months of association registration with 15 days prior notice. Participation of 50 % or above members shall considered valid quorum. 2) If meeting shall not held as sub article (1), any member can demand to call meeting to registrar or registrar may nominate some member to call meeting within 35 days after expiry of due date. 3) In absence of president meeting shall run by first and second vice-president respectively and in absence of vice-president also meeting shall run by any member nominated among members. 4) Duties of First General Assembly: (A) Approval of association‟s different activities and accounting till first meeting starts. (B) Conduct election for executive committee and account committee. (C) Make and approve accounting and administrative rule for association activities.
21. Annual General Assembly: 1) The regular meeting of the General assembly of the association shall be held once in a year. (A) Annual General assembly shall be held every year at the end of fiscal year.
(B) All the members shall be pre informed about place, date, time and agenda about the meeting before 15 days of annual General Assembly. 2) If meeting shall not held as per sub-article (1), registrar or his nominated person can call General Assembly meeting within 35 days after expiry of due date with or without demand to held meeting. 3) Participation of 25 % or 13 people whichever is more shall considered valid quorum. 4) If quorum is not fulfilled within the stipulated duration, meeting shall extend for 7 days. After extension of duration participation of 15% or 11 persons whichever is more shall considered valid quorum. 5) Decision on any issue shall be made on the basis of a simple majority vote in General assembly. Chairperson of meeting shall cast the deciding vote in case of tie in voting.
22. Mandate, Duties and Responsibilities of General Assembly: 1. General Assembly shall have following responsibilities. (A) Conduct election for executive committee and financial committee. Dissolve or suspend executive committee or any member of committee. (B) Discuss and approved the annual program and income and expenditure accounts presented by executive committee and financial committee. (C) Approved fund to utilize as per rule. (D) Provide limit authority to receive and flow loan. (E) Revise the constitution. But in no case aspiration of constitution and conditions mentioned in article 23 of sub article 6 for representation of executive committee shall be revise. (F) Decide remuneration of auditor and recommend to Registrar for appointment. (G) Discuss agenda proposed by president of General assembly. (H) Form and approved rule and regulation for financial administration. (I) Discuss and implement the guideline provided by Registrar or by his nominee. (J) Approve resignation by majority vote of committee chairman, vice-chairman and members. (K) Decide to be affiliated with or not with District Co-operative Committee. (L) Provide direction to executive committee.
(M) Approve to allocate profit. 2. Dissolve, unification or fraction of committee shall be as per rule of Co-operative law 2048 of article 31 and 41.
23. Formation of Executive Committee: 1) An executive committee shall be formed by General Assembly consisting of chairman, two vice chairman and eleven members. 2) Executive committee shall have two years term and by-election shall conduct to fill the vacant post, if any. 3) Committee shall form new committee before its term expires. Till new committee is formed old committee shall work as usual. 4) Till committee become self-independent secretary from elected members to be appointed. 5) None member can file nomination as candidate for more than two terms for the post of executive committee chairman. 6) Executive committee shall elect one Vice-chairman and one member from traditional fisherman group and one Vice-chairman and one member from women groups permanently living around Rupa Lake command area.
24. Ineligibility for executive committee post: 1) Less than 18 years of age. 2) Mentally disturbed and immoral. 3) Financial corrupted 4) Self-centered and misconduct the property of association. 5) Do not pay full share amount. 6) Having business like association business.
25. Disqualification for executive post: Under following conditions one shall not be eligible for executive post. 1) Disqualify as per article 24. 2) Absent thrice from committee meeting without proper explanation and written notice.
3) Decided to quit by the General Assembly from majority vote or acceptance of resignation. 4) Prove disloyalty towards the association or self-centered. 5) After death or expiry of duration of post.
25. Mandate, Duties and Responsibilities of Executive committee: Followings are the mandate, duties and responsibilities of Executive committee: 1) Furnish the mandatory and other business in accordance with association rule and regulation set forth by General Assembly. 2) Appoint manager or secretary for daily work business. 3) Formulate financial and administrative rule and get approved from General Assembly. 4) Appoint staff as per necessary and provide Terms of reference, and get approved from General Assembly. 5) Accept resignation of committee members and other members except chairman of the executive committee. 6) Present annual program and income and expenditure records to the General Assembly. 7) Audit the account and presenting to General Assembly. 8) Operate and control association fund and make necessary arrangements. 9) Call General Assembly meeting. 10) Buy/sell or acquire running / fixed assets in favor of association. 11) Formation of sub committee as per necessary. 12) Decentralize power to sub committee, manager and secretary. 13) Formation of financial rule as per necessary to work with and approved in advance from General Assembly. In case not approved shall be invalid. 14) Nominate member to represent for other association or offices. 15) District Development office, Kaski, Lekhnath Municipality, Rupakot Village Development Committee and Fisheries Research Centers shall be an advisors.
27. Meeting of Executive committee: 1) The regular meeting of executive committee shall be held at least once in a month. But meeting shall be held more than once as per necessary.
2) Participation of two-third members considered valid quorum. 3) Decision shall be made on the basis of simple majority vote. Chairman shall cast deciding vote if vote equals during election. 4) All the agenda shall be passed through majority vote and maintain up to date records. 5) Vice chairman and chosen member among committee shall run the meeting as chairperson in absence of chairman and vice chairman, respectively.
28) Mandate, Duties and Responsibilities of Executive Committee Chairman: (A) Chair the committee and General assembly meeting. (B) Monitor and supervise staff or secretary for his/r daily work. (C) Take decision as per necessary for managing association work and get approval from next committee meeting.
29) Formation of Sub committee and its Process: 1) Different sub committee consisting of not more than 5 members selected from regular members and at least one from executive members shall be formed by executive committee for smooth and effectively running the association work. 2) Mandate and facilities of sub committee shall be clearly explained during its formation. 3) Sub committee shall present its work performance to executive committee during specified time period. 4) In general loan flow and collection, business development and price deciding sub committee etc. shall be formed.
30. Formation of Financial Committee: The General Assembly shall held election to form 3 members financial committee including one as co- coordinator from regular members which work duration shall be as duration of executive committee.
31. Mandate, Duties and Responsibilities of Financial committee: 1) Monitor and control association‟s account.
2) Accomplish internal auditing. 3) Provide suggestion to tackle shortcoming, problems and suggestions mentioned during auditing. 4) Inform to General Assembly about financial situation. 5) Suggest executive committee to call special session of General Assembly with genuine reasons. 6) Present association‟s annual account and financial description to the General Assembly.
32. Appointment of Manager and his/r Mandate, Duties and Responsibilities: Executive committee shall appoint one manager to deal with day to day administrative work. The right to appoint and privileges of manager shall be as per approved administrative rule. 1) Work as secretary of General Assembly, executive committee and other sub committee, and call meeting with the permission of chairman. 2) Prepare annual program and budget and present to the executive committee. 3) Apply approved policy and work plan. 4) Manager shall manage work plan and business of association under simple command of chairman. 5) Take responsibility and keep safely all the documents of association regarding operational cost and assets, meetings etc. 6) Keep and manage to keep account, and certify financial reports. 7) Clarify, defend, negotiate, file against any accusation from association side in court or other organizations as per direction of executive committee. 8) Apply approved work plan and utilize fund within the limit of budget. 9) Certify association‟s financial documents and operate bank account. 10) Make sign in specified documents and agreements from association side as per direction of executive committee. 11) Decide Terms Of Reference for subordinate staff. Decide or recommend for appointment, transfer, promotion, punishment, suspension, and prizes under approved administrative law.
12) Appoint temporary staff maximum for 6 months in approved post. 13) Decentralize the power to subordinate staff. 14) Manage other work as mentioned in constitution and under the decision of General Assembly and executive committee. 15) Committee shall specify somebody to work as secretary till the appointment of manager as per article 32.
33) Profit distribution: 1) At least 25 % from net profit shall be deposit every year in spare account after audit. 2) The remaining balance after deposition in surplus account shall be considered as total saving which shall be allocate as follows: (A) Share profit account: 15% = Not more than 15 % of money from current account shall be distributed. (B) Reserve account: 60 % (C) Co- operative education account: 5% (D) Co-operative development account: 9% (E) Shortcoming account: 10% (F) Staff bonus account: 1% = But not more than 2 months of salary shall distribute.
34) Security of account: Manager shall accountable for association account. Approved amount of cash from association fund shall be kept in hand and remaining amount shall deposit in specified bank as per decision of executive committee. Bank account shall run with the joint signature of manager and a specified executive member or staff decided by executive committee.
35) Utilization of fund: 1) Utilize to run approved work plan or management as mentioned in constitution. 2) Purchase necessary fixed asset to run approved work plan. 3) Invest to buy share of bank or other organization. 4) Invest in loan flow.
5) Deposit in saving or fixed account in bank.
36) Association record: 1) The following records shall keep running association work:
(A) Registration book as of co-operative law 2049 of article 4. (B) Decision book of General assembly, executive committee and other committee. (C) Records of assets, liabilities, income and expenditures. (D) Records of personal loan and saving account. (E) Records of debt and credit. (F) Share registration book. (G) Capital balance book. (H) Records of auditor remarks and supervision. (I) As per specified time to time by registrar.
2) All records shall transparent for every member. However, saving account shall open to only concerned members.
37) Annual audit: 1) Appointment of auditors to audit account shall be done under following procedure: (A) General Assembly shall appoint registered auditor to audit account with the consent of registrar within 3 months after completion of fiscal year. (B) Audit report following format of co-operative law 2049 of article 21 (2) shall be acceptable. (C) Audit report as per sub article (b) shall present to General Assembly for approval. If rejected, another auditor shall appoint to verify or re audit the account.
38) Election: (A) The approach of election for different post shall follow the specified election guideline as mentioned in constitution.
(B) A new executive committee shall be formed before expiry the tenure of old executive committee. (C) Any member shall have right to inform to registrar, if election shall not conduct as sub article (b) and registrar shall conduct election with or without information for executive committee within 6 months.
39) Middleman: (A) General Assembly or person nominated by General Assembly shall work as middleman to solve the dispute arises among executive committee and caretaker or manager and other staff during association mandated work. (B) Registrar shall work as middleman if dispute arises from any co-operative organization or non-governmental organization.
40) Amendment in constitution: 1) General Assembly have right to modify in constitution if deemed necessary and get approval in presence of at least 51 % members with two-third majority vote. 2) Constitution modify, as sub article (a) shall be presented to registrar for approval. Modified constitution shall be effective only after approval as per co-operative law 2048 of article 12 (5). 41. Dismissal: (A) Decision to dissolve association can be taken with two-third regular members majority vote. (B) Registrar or his/r nominee shall have right to liquefy the association after receiving application as per decision of Co-operative law 2049 of article (41) sub article (1) or under the situation of article (3) of this co-operative law. Whatever mentioned, this constitution has been given approval under the ground if anything conflicting with the guidelines of co-operative law 2048 and regulation 2049, and international co-operative principle the constitution shall automatically invalid.
Association registration No.: 244/058/59
Approved by:
Date of initial approval: 2058/12/1
Signature:
Office of registration: District co-operative office
Name: Deepak Bahadur Budhathoki
Kaski Logo of office:
Status: Co-operative Officer, Kaski
District, Department of Co-operatives, Ministry of Agriculture and Co-oeratives, HMG
