BYE-LAWS FOR ADMINISTRATION AND MANAGEMENT Of

Dr. AMBEDKAR FOUNDATION 15,JANPATH, NEW DELHI

 

In view of para 3(XXII) of the Memorandum of Association and in exercise of powers conferred under Rule 30(ii) of the Rules and Regulations of Dr. Ambedkar Foundation, the Governing Body of the Foundation is pleased to make the following Bye laws for administration and management of Dr. Ambedkar Foundation.

 

 

1.               SHORT TITLE & COMMENCEMENTS:

 

I.                 These Bye-Laws may be called the Bye-Laws for the Administration and Management of Dr. Ambedkar Foundation.

 

II.                These Bye-Laws shall come into Force with immediate effect after the same are approved by Govt. of India.

 

2.       DEFINITIONS

 

2.1     In these Bye-Laws unless there Is anything repugnant to the context,

 

a)       The 'Foundation' means the Dr. Ambedkar Foundation at 15, JANPATH, New Delhi.

b)       The 'Chairman' means the Chairman of Dr. Ambedkar Foundation.

c)       The 'General Body' means the General Body of Dr. Ambedkar Foundation.

d)        The 'Vice Chairperson' means the Executive Vice President of Dr. Ambedkar Foundation.

e)       The ‘Governing Body' means the Governing Body of Dr. Ambedkar Foundation

f)        The 'Member' means a Member of General Body/Governing Body of 'the Foundation.

g)       The 'Member-Secretary' means the Member-Secretary of the Dr. Ambedkar Foundation.

h)       The 'Director' means the Director of the Dr. Ambedkar Foundation.

1)       'Government' means the Government of India.

i)        'Year' means financial year from April to March.

k)       'Society' means a society registered under Societies Registration Act XXI of 1860.

l)        'Corpus Fund' means Corpus fund of the Foundation.

m)        'Grant in aid' means Grants in aid released to the Dr. Ambedkar Foundation.

n)       'Employee' means a person serving in the Foundation at any post.

o)       'Old Employee' means a person serving in the Dr. Ambedkar Foundation in any post before 24h March 1992.

p)       Words and expression used herein and not defined but defined in the Rules and Regulations of the Foundation shall have the meanings respectively assigned to them in the Rules therein.

 

3.       POWERS AND FUNCTIONS OF GENERAL BODY AND GOVERNING BODY

 

The General Body and Governing Body shall exercise the powers as laid down in Memorandum of Association and Rules and Regulations of the Foundation.

 

4.       POWERS AND FUNCTIONS OF THE DIRECTOR

 

The Director shall function under the overall supervision and control of the MS(AF) and shall exercise such powers of Head of the Office as are delegated to him/her by the General Body and Governing Body in implementing the schemes and projects undertaken by the Foundation in accordance with the rules and regulations and bye-laws of the Foundation with a view to achieve its aims and objectives.

 

Director as Head of Office shall be responsible for carrying out the day-to-day affairs of the Foundation in accordance with the Memorandum of Association, Rules and Regulations and Byelaws of the Foundation.  As Head of the Office, he shall assume full responsibility for any duty assigned to him by the Foundation.  He shall exercise financial and administrative powers, as are such delegated to him. Director may further re-delegate certain powers to his subordinate officers as per the delegation of the power of the Govt. of India and such delegation of the power, shall however be placed before the Governing Body for its concurrence.

 

5.       GENERAL CONDITIONS OF SERVICE OF THE EMPLOYEES:

 

1     Creation of posts

 

(a)      The posts in Dr. Ambedkar Foundation shall either be permanent posts that is posts carrying a definite rate of pay sanctioned without any limit of time or a temporary post that is a post carrying a definite rate of pay sanctioned for a limited time.

 

(b)      Creation and abolition of posts, continuation of temporary posts and conversion of temporary posts to permanent posts in the Foundation will be governed in accordance with Rules, orders/instructions issued by the Government of India from time to time, subject to the approval of the Governing Body of the Foundation.

 

(c)      The reservation of posts for SCs/STs/EX-servicemen/Disabled, etc. will be as per Govt. of India Rules.  The Foundation shall prepare necessary rosters for implementation.

 

MANNER OF RECRUITMENT

 

Recruitment to all the posts in the Foundation will be made as per the Recruitment Rules to be framed by the Foundation with the approval of the Governing Body and in consultation with the competent authority in accordance with the orders/instructions issued by the Government of India from time to time.

 

(iii)     AGE OF RETIREMENT

 

Age of retirement shall be 60 years for all employees of the Foundation.

 

(iv)     PRIVATE EMPLOYMENT

 

No employee of AF will be granted permission for private employment.

                              

(v)      HOLIDAYS AND WORKING HOURS

 

The holidays, vacations and working hours as admissible to Central Government       servants, will be granted mutatis mutandis, to the employees of the Foundation in general.

 

(vi)           MAINTENANCE OF RECORD OF SERVICE

 

(a)            A service book of each employee whose pay and allowances are drawn by the head of the Foundation on establishment bills, shall be maintained by the Administration Branch.

 

(b)            The appointing authority in respect of Group 'A' posts will be the Chairman of the Foundation and in respect of' posts under Group 'B' category. Member-Secretary and in respect of posts in Group, C, & D category shall be the Director of the Foundation.

 

(c)      Creation, continuation and confirmation of all the posts in the Foundation shall be done by the Governing Body in view of the qualifications and experience prescribed by the Govt. of India for similar posts provided that posts carrying the maximum of scales of pay of Rs. 3500/- and above (but below Rs. 4500/-) shall be created, continued and confirmed with the prior approval of the Ministry of Welfare subject to orders issued by the Govt. from time to time in this regard.  Provided further that ail the posts, the maximum scale of pay of exceeds Rs. 4500/- will be created with the prior approval of the Govt. in consultation with the Ministry of Finance, Deptt. of Expenditure.

 

(d)      Grant of study leave etc. will be regulated by Government of India Rules on the subject.

 

(vii)    MEDICAL FACILITIES

 

The Medical facilities under the Medical Attendance Rules as applicable to the Central Government employees shall be made available to the employees of the Foundation.  The empanelment of private medical practitioners for this purpose will be done as per the recommendations of the Committee consisting of Member Secretary, Director (AF) and Finance Officer of the Foundation.

 

(viii)   PENSION AND EPF

 

The provisions prescribed under Employees Provident Fund Scheme and miscellaneous provisions made there under shall be followed in respect of Provident Fund, Pensions and insurance of the Employees of the Foundation. Gratuity will be governed by the Gratuity Act.

 

(ix)          TA/DA & LTC

 

The employees shall be eligible to Travelling Allowances/Daily Allowance and Leave Travel Concession and leave as admissible to them according to the Central Government Rules.

 

(x)      ADVANCES

 

Facilities like Festival Advance, Cycle Advance, Temporary short-term Advances, etc. available to Central Government employees will also be made available to the employees of Dr. Ambedkar Foundation.

 

6.       Bye-Laws for the Maintenance of Accounts and Audit of Accounts, etc.

 

i)        The Governing Body may authorise Vigilance Commission of Government of India to exercise Jurisdiction over the affairs of the Foundation.

 

ii)        The Director shall exercise financial powers as per the schedule of powers delegated by the Governing Body.  The Director may further re-delegate powers to subordinate officers except the powers for a) creation of posts, to write off of losses, and appointment & termination of appointment of' employees.

 

iii)       As per Rules and Regulations of the Foundation, the budgetary proposals have to be submitted for consideration of the General Body. Therefore, the Foundation shall prepare the budget for every year and submit the same to the Chairman of the Governing Body by 15th September, and to the Governing Body by 30th September for its consideration, prior to its submission to the General Body.

 

The Budget shall contain the following details:

 

a)       The Foundation shall give both the Plan and Non-plan estimates separately.

b)       It shall give Capital and Revenue estimates separately.

c)       The Foundation shall give previous year's expenditure, current year budget and

the next years' estimates in the budget.

 

d)       The budget should show a break-up of the various activities of the Foundation and the allocation will show a General Head indicating salaries and allowances, contributions to leave salary, provident fund etc.  Expenditure on fixtures and furniture, office equipment, etc., expenditure on post and telegraphs, telephones, expenditure on rent taxes, electricity, water charges, etc. and other contingencies like vehicle maintenance.  In each activity area it should contain requirements of funds for Capital equipment, consumable stores and non-consumable stores, stipend, etc.

 

iv)      The budget estimates should be accompanied by Write-up giving following particulars

 

a)       Requirement of funds for current programmes

b)       Requirement of funds for new programmes

c)       Physical targets achieved during the previous years, proposed to be achieved in current year, and in the next year.

d)       The comparison of the past performance with the current performance, reasons for shortfall, and achievements if any, action taken or proposed to be taken.

 

v)       The funds of the Foundation shall consist of:

 

a)       Grants and Corpus Funds made by Government of India or State Governments.

b)       Donation and contributions from other sources.

c)       Other income and receipts.

 

vi)       The schemes, which have not been administratively approved by the competent

          authority shall not be included in the budget estimates.

 

vii)      For any new scheme, likely to be introduced for development of original scheme, which have not been included in the estimates for that year a proposal with financial implications be made to the Governing Body for financing it by means of supplementary grant or by re-appropriation within sanctioned estimates.

 

viii)          The grants received from Government of India and /or from any other source shall  be entered into the relevant register which will show the expenditure on specific heads and specified items.

 

ix)     The funds of the Foundation shall be deposited In Nationalised Banks as per the resolution passed by the Governing Body of the Foundation.

 

x)      The proper books of accounts will be maintained by the Foundation to show receipt and its source; as well as expenditure and sanction accorded therefore.

 

xi)     The accounting year of the Foundation shall be from the First of April, to the Thirty First of March of every year.

 

xii)    At the close of the financial year, a balance sheet covering assets and liabilities with due considerations of receipts and expenditure will be prepared.

 

xiii)  The audit of the accounts of the Foundation will have to be done every year by the Comptroller and Auditor General of the Government of India and their report to be submitted to Parliament before 31st December of every year along with Annual Report.  Therefore, the CAG shall be requested every year in time to audit the accounts of the Foundation and to submit a report by 31st October.  Simultaneously if required, internal audit may be done by a Chartered Accountant as per the discretion of the Governing Body.  The Balance sheet indicating assets and liabilities, receipts and expenditure etc., should be prepared and submitted to the Governing Body.

 

xiv)   The Foundation would make available the books of accounts, registers, vouchers and other documents and papers together with one copy of final sanctioned budget to the Auditor who will also conduct the annual inspection of the office of the Foundation.

 

xv)    The audited statement of accounts of the previous year shall be submitted to Government within eight months after the close of the financial year the submission is delayed beyond stipulated period, the reasons therefore should be communicated to Governing Body and the Government.

 

xvi)   The funds of the Foundation may be invested in short term fixed deposits to yield better return if feasible after keeping sufficient balance at the disposal of the Foundation.

 

xvii)  In exercise of the powers delegated by the Governing Body, the Member Secretary shall sign and execute all agreements, contracts, transfer deeds, deed of conveyance and other documents in connection with the affairs of the Foundation with due consultation and advice of the legal advisor appointed by the Foundation.

 

xviii) No contract shall be made by the subordinate authority, which has not been directed by the authorised competent authority.

 

xix)   The Member-Secretary shall sue or be sued in all matters of dispute arising out of any contract.

 

  xx)  The Member-Secretary shall have powers to dispose of unserviceable and obsolete articles.

 

.xxi)  The Member-Secretary shall, keep a watch over expenditure and accord sanction to the payments, not exceeding the grants sanctioned.  He will be assisted by officers authorised in this behalf.

 

xxii)  The funds shall be kept in Bank and will be drawn from the bank by cheque to

meet the expenditure.

 

 xxiii)   The chequebooks will remain in the personal custody of the Member Secretary or any other officer authorised by the Member Secretary on his behalf.

 

xiv)   The Director will be assisted in respect of receipt and expenditure by the Chief' Accounts Officer/Accounts Officer who shall maintain proforma accounts and submit all claims in respect of pay and allowances, travelling allowances, etc. and contingent bills in the prescribed forms which will be countersigned by the Director or by the officer authorised on his behalf, before these are passed for payments by means of demand draft/cheques or cash as the case may be.  The Accounts Officer will apply a check of a nature of pre-audit to all payments from the funds of this Foundation.

xv)   The Balance Sheet and the Audit Accounts together with the Annual Report shall be submitted to General body for consideration.

xvi)   The results of the audit together with the Auditors report shall be communicated to the Ministry of Social Justice and Empowerment, New Delhi.

 

7.     Maintenance of Registers

 

The following books and registers will be maintained;

 

i)      Register of Grants

ii)     Register of contributions

iii)    Register of assets

iv)    Register of outstanding dues recoverable from parties other than employee's of the

Foundation.

v)     Register of loans and advances given to employees with recovery position

vi)    Register of rents

vii)   Register of fees recovered.

viii)   Register of chequebooks.

ix)    Register of receipt books.

x)     Register of sanctioned post with authority of sanction

xi)    General Provident Fund account, ledger, and Balance sheets.

xii)    Register of selection committee's proceedings, Academic Committee proceeding etc.

xiii)    Register of library book.

xiv)   Acquaintance rolls and register of periodical increments /Service Books.

 

Cash books and Impress cash book

 

xv)   Bank reconciliation register (if possible to be maintained with the cashbook)

xv     In the event of disagreement between representatives of the Ministry of  Finance and the Chairman of  Dr. Ambedkar Foundation on the financial matters beyond the delegated powers of the Ministry / Department of the Government of India, the matters shall be referred to the Minister of the Administrative Ministry concerned for a decision.

xvii)   Bill control Register.

xviii)  Ledger for Control of Expenditure.

xix)    TA/DA Register.

xx)     Pay, bill Register.

xxi)    Contingent Bill Register.

xxii)   Stamp Account Register.

xxiii)  Foul Accounts Register.

xxiv)  R.A. Bill Register.

xxv)   Stock Register.

xxvi)  Stationery Register.

xxvii) Miscellaneous Expenditure Register.

 

8.       Leave

 

In the matter of various kinds of leave, the employees of the Foundation shall be governed by the Leave-Rules of the Central Government.

 

9.  Any alteration in the Bye-Laws or addition shall require prior approval of the General Body of the Foundation, and Government of India.

 

10. FR SR.GFR and instructions issued by the Government of India from time to time will be followed unless otherwise stated specifically in these Bye-Laws.

 

11. If any doubt arises, about the interpretation of these Bye-Laws, the matter will be referred to Government of India whose decision shall be final.

 

 

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