1. HealthResearch
and socialDevelopment
Forum
(herd)
Constitution2061

2. Health Researchand SocialDevelopmentForum (herd)
Constitution 20Gl
Preamble
with the aim of identi$'ing the problems existing in
the health research and social
development sector in Nepal and iontributing to th"eir
solution, this Constitution of the
Health Research and Social DevelopmentForim (herd)2061 has beenframed
'irrtu3.rty's by abiding
by the policies, rules and prevalent laws of Hir
Government of Nepal
(HMGN).
SectionI
Commencement
1' Name of organization:This organizationshall be named "swasthaya
Anusanthan
tatha Samajik Vikas Manch" in Nepali. It shall be called ,.Health
Researchand
SocialDevelopmentForum" in English.It shall be calledherd
in short.
(a) organization's address:The office of the organizationis
located at House
no' 229716,Maiti Devi, ward no. 34, Kathmandu
Metroporitan city,
Kathmandu District.
(b) This constitutionshall be called the "Constitution of the
Health Research
and Social DevelopmentForum 2A6I-.
(c) The working area of this organization: The working
atea of this
organizationshall be Kathmandu Metropolitan city, Kattuiandu
District.
(d) The working area of the organization may be expanded
within the
Kingdom of Nepal with the prior approval of the Local
officer of the
district concerned, necessary.
as
(e) The constitution shall come into force on the date it is registered
with the
District Administration office in accordancewith the p"revalent
law of
Nepal.
) Definitions
unless the subjector contextrrasother connotations, this
in constitution:
(a) "organization" shall mean the Health Researchand
social Development
Forum (herd) (206t).
(b) "Constitution" shall meanthe constitutionof herd.
(c, "Executive chair" shall meanthe executivehead
of herd.
(d) "office-bearer" shali mean a person bearing any special
responsibility,
including that of the Executive committee ofitre orginization.
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3. (e) "Member" means a person acquiring membershipin accordance with the
Constitutionof the Organization.
(D "Local Officer" meansthe Chief District Officer.
(e) "GeneralAssembly" meansthe generalassemblyconductedin accordance
with the constitution of this organization.
(h) "office" meansthe central and branch offices of this organization.
J. Stamp and Logo of the Organization
(a) The stamp as depicted in Schedule 1 shall be the seal of the Organization.
The stamp of the Organizationshall alsobe its logo.
Section2
Objectives
4. Objectives of the Organization
Abiding by the Preamble of the Organization, prevalent Acts,
laws and
governmentalpolicies and rules, the objectives and functions of the
Organization
shall be as follows:
(a) To be a not-for-profit public welfare organization.
(b) To co_nduct researchprogrammes. oider to identify the existing social,
in
includilg health, problems in the community and explore concrete
measures their solution.
for
(c) To conductvarioushealth serviceand social development programmes for
health and social developmentand enhancement the .o--unity.
of
(d) To conduct programmes for capacity enhancementin order to fulfill the
objective of health and social development and enhancement of the
community, in coordinationwith different individuals and organizations.
Suchprogrammes shall be conducted underHMGN's policies Jnd rules.
(e) To support the public health sector by disseminating the findings
of
resealch at community, national and international level through, among
others,massmedia.
. (D To collect facts and information through research and keep them in
a
systematic manner and make them available to different researchersand
policymakers.
(g) To conductother research and development activitiesfor health and social
developmentand enhancement, coordinationwith HMGN and various
in
national and internationalorganizations.
(h) To conduct researchand developmentprogrammeson various topics
in
order to supportthe poverty alleviationprogrammes designedby HMGN.
(i) To conduct researchand developmentprogrammesin order to eliminate
genderinequality and,p,o;i,gl,$isc-rimination.
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4. 5' Activities to be conducted to achievethe objectives
of the Organ ization
The Organjzationshall cary out the f
a) The Organization shall pursu
receiving approval and perm
accordancewith the prevalent
b) The organization shill construct or rent or lease
a building and purchase
or hire office goods such as computers,telephone,
typewriter, fax machine
and vehiclesfor use.
c) The organization shall recruit necessarystaff and
lay down their service
terms and conditions.
d) The organization shall operate a bank account
by depositing the money
receivedby it in the bank.
e) organization's entity: The organizationshall be a
non-political,organized
and autonomous organization, with an inalienable
successor.It shall not
earn income-by cartying out activities other than its
objectives and offer
consultancy charginga fee.
by
Section3
Membership
6. Types of Membership
The organization shall have the foilowing types of
members:
A) Generalmembers
B) Life meinbers
C) Foundermembers
D) Honorary members
E) Advisory members
1 Necessary
Qualificationsfor Membership
(1) Be a citizen of Nepal
(2) Has attained18 yearsof age
(3) Is mentally sound
(4) Has never been found guilty of misappropriatingpublic
property
(5) Has not been convicted for a criminal ot .ori.rition
charge that proves
moral depravity.
A)
A person dedicated to the objectives of this
Constitution who has attained
the age of 18 years and has sense of service,
dedication and honesty, may
become a general member of the organization
by filling up the application
form in the format prescribedby it'
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5. B) Life Members:
Any interestedperson, having been a general member of the organization
fo_t ut least a year, may apply for Life Membership by paying the
stipulatedfees.
The applicant may get membership onry after the central Executive
committee of the organizatron discussesand approvesthe application. In
addition, the members who have played a special role in ?ounding the
Organization shall automatically becomeLife Members.
c) FounderMembers:
members playing a special role in the founding of the organi zation
Jh9
shall be deemedas FounderMembers.The first Executive committee of
the Organizationshall publish a list of FounderMembers.
D) HonoraryMembers:
The General Members shall accord, on the recommendation of the
Executive committee, Honorary Membershipto the personsworking for
intrinsic interest of the organization and extending continuous support to
it in the future.
E) Advisory Members:
Persons not exceedingfive in numberwho can proviclespecialadvice and
suggestions on the various programmes to be conducted by the
Organization and on the developmentof the Olganization may be gianted
Advisory Membership by the Executive Commiitee of the Organizition.
8. conditions barring Appointment and Annulment of Membership of
Organization
(1) A person as describedbelow may not be appointed as member of the
Organization.
a) Is mentally unsound,
b) Has embezzledthe funds of a social orgarizatron,
c) Has facedliquidation
d) Has served punishment, having been convicted by a court of law
for theft, cheating, forgery or fraud or unauthorized
misappropriationor misuse of property under her/his charge or
corruption, within a year,
e) Has personal stakein the businessof the Organization,
D Has not paid membershipfee or hasnot renewedmembership,
s) Has died.
h) Has not attained18 yearsof age
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6. 9' No person shall continue as member under the following
conditions:
a) If barred from being appointed as member in accordance
with Subsection
(1) of Sectiong,
b) If the General Assembly ratifies a motion for removing
her/him from
membershipof the organizationwith a75 percent majority,
c) If the resignationtendered the memberis accepted,
by
d) If a court of law convicts her/him for having acted with
dishonesty or ill-
will in the Organization's work.
e) If s/he engages in an act prohibited by this
Constitution for the
Organizationto do.
Prior to establishingany person as unqualified for
being appointed or continuing as
member
9f lhe otganization, s/he shall Le issued a notice to that effect and given an
opportunity for clarifi cation.
10. Membership Fee
a) General Member
Admission fee: Rs 200.00
Annualfee: Rs 100.00
b) Life Member
Lifelong: Rs 2,000.00
c) Founder Member
Founding fee: Rs 500.00
d) other feesshallbe asstipulated the centralExecutive
by committee.
e) The fegs mentioned above may be amendedfrom time
to time in
accordance thedecision theExecutive
with of committee.
11. Conduct of Members
a) Shall not take part in activities contrary to the interest
and objectivesof
the Organization.
b) Shall not breachconfidentiality of the Organization.
c) Shall comply with the decisionsof the Oiganization.
d) slall be actively involved in the protection,
strengthening and
achievementof the objectives of the Orsanrzation.
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7. Section4
ProvisionsReratingto GenerarAssembryand Meetings
12. Matters relating to the Method for convening Assembly
of the organ ization
and Notice to be fssued for Assembly
1 The General Assembly of the organization shall be as
foilows:
a) Annual GeneralAssemblyand
b) SpecialGeneralAssemblv
The First Annual General Assembly of the organization
shall be held
within two months of the end of tle fiscal yeir of
establishment and,
subsequently, Annual GeneralAssembliesshali be held within two months
of the end of the fiscal year.
To hold the Annual General Assembly of the organization,
all General
Assembly members shall be given noii"" disclosiig the
venue, date and
agendaof meetingat leastsevendaysin advance.
If the General Assembly, convened in accordance
with Subsection3,
section 11, cannotbe held due to lack of quorum as per
Section 14,the
GeneralAssemblymay be re-convened withan advance notice of 7 days.
'.. The General Assembly
of the
rll members of the Organizationother
Members acquiring membership in
Honorarv
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,v{embe^
shall be the apex body of the Organization.
Functions,Duties and Rights of the GeneralAssembly
The functions,dutiesand rights of the GeneralAssembly
shall be as follows:
a) Ratify the plan, programme and annuar budget presented
_ by the General
Assembly.
b) Discussand endorsethe annual audit report presented
by the auditor and discuss
the arrearsreflected in the audit report utra, itr respect
of ine airears that cannot be
regulated' direct the Executive Committee to settle
the arrears by recovering
them.
c) Appoint an auditor for the forthcomin year.
g
d) Carry out evaluation of the annual work progress report
of the Organizationand
the activities of the organization and issuenecessary
directionqto 1he,Executive
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8. e) o^n completion of the tenure of the office-bearers
lhe of the Executive Committee
the organizatron, conduct election as per the
9f procedure raid down in the
Constitution.
D Approve the amendment of the Constitution,
rules and regulations submitted by
the Executive Committee.
s) Grant Honorary Membership.
h) Endorse the activities of the organization
conducted in the interest of the
Or ganization,considering their j ustfr cation.
i) Grant approval to the staff positions, remuneration,
allowancesand other facilities
for staff to be borne through the oiganization's
intemal resources, submitted
as
by the ExecutiveCommittee
13. ExecutiveCommittee
a) The appointment of the Executive Committee shall
take place through the
Annual General Assembry. However, there
shail be a Executive
Committee with the chairpersonand members mentioned
below until the
time the first Annual GeneralAssemblyis held.
Chairperson Sushil ChandraBaral
Vice-chairperson Kishore Dhungana
General,
Secretary Dipak Kumar Karki
Treasurer SaroniPande
Member Bhuwal Rai
Member RajeshGhimire
Member ChetanaThapa
Member PraveenRaj Pokhrel
Member ShovakantPande
The GeneralAssembly composedof all member
office-bearerof the Executive
committee, all GeneralMembers,Life Members
and FounderMembers,shall be
the apex body of the Organization.
b) The organizationshall consistof a Executivecommittee
of 9 members.
c) The tenureof the Executivecommittee shail be years.
5
d) In the event of any post of a member of the Executive
Committeefalling
vacant before the Annual General Assembly,
the Executive committee
may appoint a member to the Executive committee.
The tenure of the
member who is appointedto the post shall be equivalent
to the remainins
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9. period of the member in lieu of whom the appointment has taken place, as
a result of it having fallen vacant.
e) The meetings of the Executive committee may be convened by the
Chairperson,as necessary.The chairperson shall convene a meeting of the
Executive committee if at least 5l per cent of the total members demand
it.
D The members themselves shall attend the meetings of the Executive
Committee.
s) The meetings of the Executive Committee shall not take place unless at
least51 per cent of the total membersare present.
h) The meetings of the Executive committee shall be chaired by the
chairperson of the Executive committee. In the absence of the
Chairperson,the meeting shall be chaired by the vice-chairperson. In the
absence of the vice-chairperson, the meeting shall be chaired by a
memberelectedby the membersfrom amongthemselves.
D The decisions of the majority shall prevail in the meetings of the
Executive committee. In the event of a tie, the chairperson may cast
her/his decisivevote.
i) The minutes of the agenda of the meetings of the Executive committee
and the decisions in respect of those shall be recorded in a separate
register and the register shall be signed by at least 51 per cent br uu
'
membersattending the meeting.
k) Notwitfrstanding what is stated in the sub-rules mentioned above, if all
members agree in writing in respect of any task that may be done by the
Executive Committee, such an agreementshall be annexedto the minute
book and such tasks may be executedwithout conducting a meeting. An
agreementas above shall be deemed a decision of the meetins of the
ExecutiveCommittee.
l) All tasks stipulated to be done by the organization shall be done on the
decisionsof the ExecutiveCommittee.
m) The conditions for the termination of the responsibilities of the office-
bearers and members of the Executive Committee: the office-bearersand
members shall not remain on the Executive Committee in the followins
conditions:
If the central committee approves the resignation tendered to the
Executive Committee,
If s/he has acted in a manner contrary to the interest of the organization,
If s/he ceasesbeing a member of the Organization,
If a no-confidencemotion with show causenotice approvedby the Central
committee presented ot"ttit*,1?,i,tl]l,lt"l3il:?i-
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10. tl) Other committees: The Committee may constitute other committees or
subcommittees,as necessary,for performing its functions by remaining
within the scope of this Constitution. The functions oi th. other
committeesor subcommitteesthus constitutedshall be as stipulatedby the
Executive Committee.However,the constitutionof such other committees
or subcommittees shall be endorsed by a meeting of the General
Assembly.
Section 5
t4. Functions,Duties and Rights
a) Chairperson
1. Act as the chief executiveof the Organization.
2. Do or get done tasks in pursuance of the objectives of the
Organization.
3. chair the General Assembry, Executive committee or special
GeneralAssemblymeetings.
4' Cast the decisive vote in case of a tie over the decision of the
meeting.
5. Enforcethe decisionsof the meetings.
6- Enforce the decisions ratified by the different committees of the
Organization.
7. Enforce the regulations of the Organizatron.
b) Vice-chairperson
1. Carry out all tasks to be done by the chairpersonin the latter's
absence.
2. Assist the chairperson her/hisduties.
in
c) GeneralSecretary
l. convene assemblies and meetings on the request of the
chaiqperson at leasttwo-thirdsof the total members.
or
2- Catty out all official transactions of the Organization and
administrative tasks.
3. Keep the recordsof the Organization up-to-date.
4. Enforcethe decisionsof the meetings.
5. Submit reportson behalf of the ExecutiveCommiftee.
6. carry out appropriate oversight, control and provision of the
employees the office.
of
7. Enter into coruespondence behalf of the Organization, represent
on
it and control all tasks executecl an orsanization.
as
d) Treasurer
1. Bear the entire obligation of the fund and accounts of the
Organization. is tru'; e nci varii:llri
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11. 2. oversee and protect all moveable and immoveable assetsof the
Organization.
3.
4.
5.
e) Members
1. Take part in all activitiesbasedon the objectivesand policy of the
Organization.
2. Take part in the meetings of the Executive committee and discuss
and take decisions.
3. Endorse the policy, rules and financial transactions of
the
Organization.
15. Quorum
Unless 60 per cent of the total members are present, the General
Assembly shall
not proceed. However, in respect of the General Assembly
convened in
accordance with Sub-section of Section I I of the Constitution,if 51 per
4 cent of
the total members are present, the proceeding of the Assembly
shall not be
impeded.
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12. Section6
Financial Matters
16. Organtzation,s Fund:
t. The organizationshall maintain a separate fund of its own. The Fund shall
constitute the following types of amount:
a) Membership fee
b) Gifts and endowments
c) Grants received by the Organizations
d) cash and kinds received from domestic and foreign organizations
with HMGN's approval
e) Cash and kinds contributedby individuals
D Feesreceivedin lieu of the servicesprovided by the organization
s) Cashand kinds receivedfrom any other sources.
2. If grant amount is to be contributedby a foreign orgarization, the approval
of the Ministry of Financeshall be obtained.
a
J. Alethod of expending the Fund: The money deposited in the
organization's Fund may be expended by adopting the following
methods:
a) The money in the Fund may not be spent without getting the
annual budget plan and programme of the organization approved.
b) The money in the Funcl may be spent by complying with the
budget and programmeratified by the GeneralAssembly-.
c) The financial report of the money spent from the Fund shall
compulsorilybe presented the GeneralAssembly.
to
d) The money in the Fund may only be spent in accordancewith the
stipulations.
17. Operation of Bank Account
The bank account of the Organization shall be operated through the joint
signaturesof the Chairperson and Treasurer of the Organization.Provision
shall
be made for expending the money and maintaining accountsin accordance
with
the prevalentAct and rules.
18. Organization'sAccounts and Auditing
1) The account of income and expenditures of the Organization shall be
maintained in accordancewith prevalent laws.
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13. 2) The auditing of the Organizationshall be done through registeredauditors
in accordance with prevalentlaws.
3) HMGN and Local Officer may order examination of the Organizationany
time.
4) The appointment of the auditor shall be done through the Annual General
Assembly.
5) A copy each of the auditor's report and annual progress report of the
Organization shall be presentedto the Local Offrcer, Diitrict Development
Committee,Social Welfare Council and other bodies.
However, the appointment of the auditor shall be done by the Committee until the
First Annual GeneralAssemblyis held.
Section7
Election
19. Provisions regarding Election
a) An election committee shall be constituted and election shall be held
through secretvoting every two years.
b) The members of the Election Committee shall not contest any post.
Election to the Central Executive Committee shall be held witirin six
months of the registration of the Orgarization and information about it
submitted to the Local Officer.
t
20. Qualifications for Contesting Election
a) A person who meets the criteria for Life Membership in accordancewith
Sub-section and (b) of Section7 may contestelection.
(a)
b) A member who cannot be appointed or continue as member of the
organization in accordance with Subsection I of Section g shall be
considered ineligible for contestingelection.
c) Personsstipulatedin section 9 shall not be deemedeligible for contesting
election.
21. Amendment of the Constitution
Any section of the Constitution shall be presentedto the Local Officer for
recommendationfor amendmentor annulment only after its endorsementby two-
thirds of the total members. only after approval by the Local officer *ill *y
sectionof the Organizationshall be deemed have beenamendedor repealed.
to
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14. )", Framing of Rules
The Organizationmay frame necessaryrules in order to perform its functions
and
the Local Officer shall be duly informed in this regard.
23. Ad hoc Committee
The Ad hoc Committee shall constitute a committee to carry out election duties
in
order to establish and register the Organization in accordance with
this
Constitution within six months. The activities carried out by the Executive
Committee during that period shall be deemedto have been carried out under this
Constitution.
24. Liquidation of Organ nation
l. If it deems it necessary,the General Assembly may liquidate the
Organizationby ratifying a specialmotion.
2' While ratifying the motion in accordance with Subsectionl, the General
Assemblymay appointone or more auditorsfor examiningthe accounts of
the Organization. The remunerationof the liquidators and auditors shall be
as hxed by the GeneralAssembly.
3' The liquidator and auditor appointed accordance
in with Subsection shall
1
carry out tasks related to the liquidation of the organization.
4. In the event of dissolution aird liquidation of the Organization, all the
assets6f the Organizatronremaining after settling the obligations of the
organization shall automatically transferred HMGN.
be to
25. Compliancewith the Act
Any mattersnot coveredby this Constitutionshall be as per the prevalentlaws,
and any mattersinconsistentwith the AssociationRegistiationAct, Rules and
prevalentlaws, shall automaticallystandnull and void.
26. Miscellaneous
a) Provision of stffi
The staffing, remuneration, allowances and other facilities for the day-to-day
operation and planning of the organization and operation, the terms
and
conditionsand the procedure be adoptedshall be as stipulated.
to
b) If conditionsrequire the Organizationto recruit foreign advisorsor volunteers
in
the operation of a foreign donor-funded programme,tetails about their duration
of work, servicesto be provided by them, rationale,facilities and qualifications
shall be submittedto the Local Officer, District DevelopmentCommitteeand the
Social Welfare Council. , ; i : i ; ; - r j:: i : , r , j r r : ' i r .r .r ; , ; , , : , , , ,
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15. c) Interpretation:
The right to interpret this Constitution and the rules and regulations framed under
it shall vests in the Executive Committee.
d) Compliance:
No office-bearer or General Assembly Members of this Organization shall act
against the interest of the Organization. The office-bearersof the Executive
Committeeor membersof the GeneralAssembly shall not use uncivil or obscene
language meetingsor GeneralAssembly.
in
E Compliancewith directions;
It shall be the prime duty of the Organizationto comply with the directions issued
by HMGN or Local Officer.
J'7 Inoperability
Notwithstanding what is mentioned in this Constitution, in caseit is inconsistent
with a prevalent law, it will automatically be null and void to the extent it is
inconsistent.
28. No-confidenceMotion
A no-confidence motion may be tabled against any office-bearer of the
Organization. In the event of such motion being approved by two-thirds majority
of the General Assembly, s/he shall be removedfrom post. Before passingthe no-
confidence motion, slhe shall be given an opportunity to pr.r..rf herlhis
clarification.
29. We, the below-mentioned founders of herd, having agreedto work in accordance
with this Constitution, affix our signaturesto this Constitution, in the presenceof
the below-mentioned witnesses:
Names,Last Names and Addresses the Founders
of
S.N. Name and Last Designation in the Organization Residence
Name
1
I Sushil Chandra Chairperson Maitidevi, 34
Baral Kathmandu
2. Kishore Vice-chairperson Baluwatar 4,
Dhungana Kathmandu
3. Dipak Kumar General Secretary Pauyegaude Syanja
6,
Karki
4. SaroniPande Treasurer Maitidevi, 34
Kathmandu
5. Bhuwal Rai Mernber Hattigauda,
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16. Kathmandu
6. ChetanaThapa Member Samakhushi, 29
Kathmandu
7. RajeshGhimire Member Lainchwor, 29
Kathmandu
8. Praveen Raj Member Battisputali 9,
Pokhrel Kathmandu
9. Shova Kant Member Sworek V.D.C. 5,
Pande Syania
Names,Last Names and Addresses Witnesses
of
Names.Last Names
Addresses District
Municipality/VDC
Wardno.....Blockno.....
andveri{ie':
copyis true
ihe Translaiion
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17. ScheduleI
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18. HealthResearch
and socialDevelopment
Forum (herd)
POBox 24133,
Kathmandu,
NepalTel: 4 23 B045 Fax:4 l0 20 16
Three-column Amended Constitution Form
S.N. Current Provision Amended/Additional Provision Reason
1 In the current point no. 16 of Subsection
(1): For the purpose To streamline
Sec.6 of the Constitution,the of day-to-dayspending,the bank the financial
bank account shall be account may be operated by the transactionsin
operated jointly by the signature of a member of the dayto-day
signatures of the Chairperson Executive Committee or a operations.
and Treasurer of the member of staff and the
Orsanization mandatory signature of the
Treasurer.
2 Stampin the Schedule Detailsaboutthe new stamp Expedientin
a) Outline of the earth in view of the
Specimen the old stamp
of the background changein
b) Nepal's map in the front stamp
and 'herd' printed below
c) Health Research and
Social Development
Forum 2004 printed
around it
i
Specimenof the new stamp
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