Constitution Format for Registering an NGO in Nepal

Chapter-1
Preliminary

  1. Name of Organization:
  2. Organization’s address:
  3. Commencement: This Constitution shall come into force after sanctioned by Local Authority.
  4. Field Area:
  5. Affiliation: This Organization can be affiliated with SWC and other authorities which are legalized.
  6. Under prevailing acts: Provisions under this Constitution are abided by the Organization Registration Act 1977 and laws prevailing in Kingdom of Nepal. Activities will be carried out by this Organization under HMG policy guideline.
  7. Recognition of Organization: This Organization is a self motivated, self standing, non profit making, far from politics and Non Government Social Organization.
  8. Organization like a human being: This Organization shall like to be a human being. It can sue anybody and can also be sued by anybody.
  9. Organization’s seal: Organization shall have a separate seal, which should be designed by Working Committee.

 

Chapter-2
Definition:
  1. Organization denotes: - ………………………………….
  2. Committee denotes:-Working Committee formed under this constitution …………….
  3. Act denotes:-Organization Registration Act 2034(1977).
  4. Rules and Regulations denotes:-Rules and Regulations made under this constitution.
  5. Office bearers denotes:-Office bearers of this organization.
  6. Chairman, Vice-chairman, Member-Secretary, Secretary, Treasurer and Member denotes:-Chairman, Vice- chairman, Member-Secretary, Secretary, Treasurer and Members of this organization.
  7. Local Authority denotes:-Central District Officer (CDO).
  8. As Prescribed denotes:-Prescribed as in the Rules and Regulations under this constitution.
  9. Meeting denotes:-General Meeting under this constitution.
Chapter-3
Objectives:
  1. For community development, to cooperate in sustainable development by local participation through integrated program.
  2. To operate result oriented program for poverty alleviation.
  3. To develop mutual relation and brotherhood fillings in community.
  4. To cooperate in managing water supply, sewerage, road lights, etc. in its working area.
  5. To cooperate in road repair and maintenance with the coordination with local agency.
  6. To lunch the awareness program in the field of education, health and sanitation.
  7. To emphasis in developing samatamulak society, through lunching appropriate development program in the community of women, children, old age, helpless and dalits.
  8. To work for creative youth activities and sports development.
  9. To lunch awareness program against anti social activities like girls trafficking, drug abusing, betting, vulgarity.
  10. To cooperate the related authority in preserving public property and heritage.
  11. To participate in local development through discuss and interactions.
  12. To activate in preserving consumer’s rights under consumer preservation act.
  13. To activate in keeping peace and security through coordination with related authority.
  14. To participate in other developing activities.
  15. When operating any activity of this organization, it will take prior permission from related agency according to national policy and program through the district level office of related agency.
Chapter-4
  1. Eligibility of member
    a) Nepali nationality with the age of above 16 years.
    b) Not to be proved any crime by court.
    c) Not lost of mental balance.
    d) Not disqualified by any laws.
    e) Action not taken against any manipulation made in any other organizations.
    f) Having land or house in working area.
    g) Membership should be given not more than one per house/ land.
  2. Types of membership
    a) Founder Member: - The Office bearers signed on this constitution when this constitution was passed are the Founder Members. Founder Member can vote in election only after taking general membership or life-long membership.
    b) Life-long Member: - Life-long Membership can be provided by the decision of working committee after paying l ump sum of Rs.10,000( in words Rs.Ten thousands) for organization.
    c) General Member: - General Membership shall be provided by working committee to the person who applied for membership after paying Rs.100. Renewal fee shall be Rs.50 for General Members. General Membership should be renewed till end of Aswin (mid of October) every year
    d) . Honorable Member: - The Nepali nationality, having special feature can be honored as Honorable Member by the General Meeting
  3. All types of Membership shall be provided by the decision of working committee after receiving prescribed application form. If working committee rejects any application for membership, the reason of rejection of membership shall be notified to the applicant.
  4. All members should follow the provisions under the constitution.
  5. Disqualified for Membership :-
    a) Not the age of 16 years.
    b) Non Nepali nationality.
    c) Mentally unbalanced.
    d) Manipulation made in any other organizations.
    e) Any crime was proved by the court.
  6. Termination of Membership :-
    a) Resigned from the Nepali nationality.
    b) Mental balance loss was proved.
    c) Residence was shifted from the working area.
    d) Resigned from the Membership.
    e) Membership was not renewed in timely.
    f) Acted against welfare of organization was proved.
Chapter-5
General Meeting, Working Committee and other Committees
  1. General Meeting
    a) General Members and Life-long Members can be participated in General Meeting. Founder Member should also take any of these two memberships for General Meeting.
    b) General Meeting shall be supreme body of the organization.
    c) The presence of 51% members, except specific provision available, shall be deemed to constitute a quorum of the General Meeting. If quorum is not sufficient, the General Meeting called soon after 7 days, the presence of 33% of members shall be deemed to constitute a quorum. Except specific provision available in constitution simple majority decision shall be authentic. General Meeting shall be 2 kinds, e.g. Annual General Meeting and Specific General Meeting.
    d) Annual General Meeting shall be held by the end of Aswin (mid of October) every year, place, date and time fixed by the Working Committee.
    e) Decision was made by the majority of Working Committee or written demand by 1/3 members of general meeting, within 21 days from such decision was made or demanded Specific General Meeting shall take place. The written notice should be issued to every member 7 days before from the date of such Annual or Specific General Meeting holding.
  2. Functions, Duties and Powers of the General Meeting
    a) To hold election of Working Committee.
    b) To terminate the office bearers and members from the Working Committee by passing the motion of no-confidence.
    c) To pass the necessary Rules, to create vacancies, to fix remuneration under the constitution.
    d) To pass the yearly program and respective budget.
    e) To appoint the auditor.
    f) To give necessary direction to the Working Committee.
    g) To perform necessary works of organization acting as supreme body.
  3. Formation of the Working Committee
    The following Office bearers shall be elected from General Members for the working Committee for the 2 years of working duration.
    1. Chairman ……………..1
    2. Vice-chairman ………..1
    3. Member-Secretary……1
    4. Secretary…………… 1
    5. Treasurer …………… 1
    6. Members …………… 2
    Total …….7

    Concerning of becoming the post vacant – in case of the post of Chairman, General Meeting will be called and only for that post election shall be held. Concerning other Office bearers and members the Working Committee shall nominate from the General Meeting Members.

  4. Functions, Duties and Powers of Working Committee
    a) Following the provisions under the constitution, to get in actions the decisions made on General Meeting.
    b) To submit annual program and budget of organization in General Meeting.
    c) Operating the programs in favor of organization.
    d) Maximum utilization of available means and resources to fulfill organization’s objectives.
    e) Responsible in favor of General Meeting.
    f) For its working duration, to form advisor committee, other committees and sub-committees with appropriate person and size and to allocate jobs for them.
    g) To operate the organization’s activities, preparing of work plan, collecting of resources, operating, supervising, evaluating, monitoring etc.
    h) Preserving of organization’s assets and managing its income and expenses.
    i) Selection of staffs, allocating responsibility and supervising them as per approved Rules.
    j) To play leading role of the organization.
  5. Meeting of the Working Committee
    a) Meeting of the working committee shall be held once a month on the date and time fixed by chairman.
    b) Written demand by the majority of working committee members, chairman shall call for meeting anytime within 15 days from such demand.
    c) 51% of members shall be deemed to constitute a quorum of the working committee and majority decision shall be authentic.
  6. Other Committees:

    Other committees and sub-committees can be formed as per necessity under constitution by Working Committee.

Chapter-6
Functions, Duties and Powers of the Office Bearers
  1. Chairman
    a) To chair the meeting of the committee and to operate it.
    b) To give decisive vote.
    c) To take place of representative of organization or to appoint representative.
    d) To take leadership of organization.
    e) To give direction to Member-Secretary for calling necessary meetings.
    f) Allocating job and duties to the other office bearers or members.
    g) Attesting the records
  2. Vice-chairman
    a) To assist the chairman.
    b) To fulfill the duties assigned by the chairman.
    c) To perform the functions of the Chairman in his absence.
  3. Member-Secretary
    a) To take care of secretariat of organization and operating it.
    b) To call meetings with the guidance from the chairman.
    c) To preserve the records.
    d) To fulfill the other responsibilities assigned by the chairman.
  4. Secretary
    a) To assist the Member-Secretary.
    b) To perform the function of the Member-Secretary in his absence.
    c) To fulfill the other responsibilities assigned by the chairman.
  5. Treasurer
    a) To care the fund of organization and its operation.
    b) To submit the annual program and budget in General Meeting.
    c) To keep account properly.
    d) To conduct annual auditing regularly.
  6. Member
    a) Active participation in committee meeting.
    b) To take creative role in organization’s activities.
  7. Resignation

    Resignation of Chairman through Vice-chairman and other Office Bearers or Members through Chairman can be accepted by Working Committee.

Chapter-7
Financial management
  1. Fund: - There will be a fund including all movable and immovable assets of the organization, which account shall be updated through prevailing laws.
  2. Economic Source: - Economic Sources of organization shall be as follows.
    a) Membership fees and renewal fees of members.
    b) Donations, gifts, grants etc received from different personnel, organizations, governmental and non-governmental organizations.
    c) Prior permission from HMG shall be taken incase of receiving foreign aids and grants.
  3. Operation of Bank account: - Joint Account of organization shall be opened in authorized local bank and it shall be operated by two office bearers, one will be either Chairman or Member –Secretary and another will be Treasurer.
  4. Auditing: - Account of the organization shall be audited by the auditor, authorized by HMG, within 2 months after completion of every fiscal year. The audit report shall be submitted to Local Authority, SWC and other related agencies.
Chapter-8
Miscellaneous
  1. Provision relating to Election:-
    a) The Election of new Working Committee shall be done within 6 months, from the date of organization registered and it shall be notified to Local Authority.
    b) The Working Committee shall form an Election Committee for the election purpose in every 2 years. Election Committee shall elects the Working Committee from the general and life-long members of general meeting under prevailing provisions regarding election.
    c) Work plan of Election committee shall manage itself.
    d) The decisions of Election Committee regarding election will be final.
    e) Election Committee shall be dissolved itself after election process completed.
    f) Fulfillment of vacant post shall be filled for the remaining period only.

  2. Submission of the motion of no-confidence:-

    Written motion of no-confidence on any office bearers or member of the organization can be submitted in the general meeting with reasons, by ¼ of general meeting members. In this case General Meeting shall be called immediately. Written notification of motion of no-confidence shall be issued to concerned office bearer or member and 7 days time duration shall be provided to give clarification comment on it. If the motion of no-confidence passed by 2/3 of total general meeting member, the office bearer or member shall be terminated from such post. Motion of no-confidence can not be submitted on any body whose elected duration was not crossed over 6 months, or to whom the motion of noconfidence failed not crossed over 6 months. If Chairman terminated from the post, re-election shall be done, concerning other office bearers or members another person shall be nominated according to this constitution.

  3. Amendment of constitution:-

    Amendment proposal of any section or sub-section of constitution can be submitted to Working Committee by any office bearer or member of working committee or member of general meeting according to organization registration act 2034 (1977) or prevailing act. If such amendment proposal was accepted by the Working committee, it shall be proposed on General Meeting. If the amendment proposal passed by 2/3 of total general meeting member, such amended constitution come into force after taking permission from Local Authority.

  4. Dissolution:-

    Incase of unable to run the organization, or by any other reason decision for dissolution shall be made by general meeting. Thus, by any reason if organization was dissolved all the assets of organization after clearing liabilities, shall be transferred to HMG.

  5. Inactive:-

    If any clause of section or sub-section of constitution was against the prevailing law, such clause shall be terminated automatically.

  6. All the activities of the organization written in constitution will be carried out under HMG policy direction.
  7. Explanation:-

    The final rights for explanation of this constitution shall be held by working committee.

  8. Maintaining of confidential matter:-

    Any office bearer or member should not act against the favor of the organization and should not open the confidential matter of the organization. Office bearer or member of the working committee and member of general meeting should not use uncivilized or vulgar words in any meeting or seminar.

  9. Activities of this organization shall be carried out far from any political actions.

  10. Making of Rules:-

    Necessary Rules can be made by working committee under this constitution and such Rules come into force after permission from Local Authority.

  11. Following the Direction:-

    Following the direction given by the Local Authority time to time is one of the main duties of the organization.

<<Back