1. Short Title
These Rules and
Regulations may be called’ Rules of the Dr. Ambedkar Foundation'
2. Definitions
In these Rules, unless the context
otherwise required:
(i) "The Foundation” means Dr. Ambedkar
Foundation.
(ii) "The Library" shall mean Dr.
Ambedkar National Public Library.
(iii)
“The General Body" shall mean and consist of all the members of the
Foundation.
(iv)
The “Chairperson" shall mean the Chairperson of the Foundation. "Vice-Chairperson" shall mean the
Vice-Chairperson of the Foundation.
(v) The "Governing Body'
shall mean the body which is constituted as such under Rule 18 of the Governing
Body of the Foundation.
(vi) The "Secretary"
shall mean the Member-Secretary of the Foundation.
3.
Members of the
Foundation
a)
The Foundation shall consist of the following members:
EX- OFFICIO MEMBERS:
i) Welfare Minister, Chairperson.
ii) Executive Vice President
iii) 11 Ex-officio Members
representing the disciplines of education, social work, judiciary and
administration
iv) Financial Advisor of the
Foundation.
v) Secretary/Member-Secretary of
Dr. Ambedkar Foundation
4.
NOMINATED MEMBERS
32 Members to be
nominated by Welfare Minister from amongst eminent Social Workers,
Administrators, Educationists, Journalists, etc.
Welfare Minister shall
be the Chairperson (Ex-officio) And Vice Chairperson shall be the Executive
Vice-President.
5. ROLL OF MEMBERS
The Foundation shall
keep a Roll of members and every member of the Foundation shall sign the Roll
and state therein his name, occupation and address. No person shall be deemed to be a member or be entitled to
exercise any of the rights and privileges of a member unless he has signed the
Roll as aforesaid.
If a member of the
Foundation changes his address, he shall notify his new address to the
Member-Secretary who shall thereupon enter his new address in the Roll of
Members. But if he fails to notify his
new address, the address in the Roll of Members shall be deemed to be his
address.
6. Duration of Membership
(a) Where a person becomes
a member of the Foundation by reason of the office or appointment he holds, his
membership of the Foundation shall terminate when he ceases to hold that office
or appointment. Other members shall
hold office for three years unless the authority, which nominates them,
terminates their membership earlier, when he will have power to do.
(b) Should any member of
the Foundation who is appointed as such, under Rule 3(a), (i) to (ix), be
prevented or unable otherwise from attending any meeting of the Foundation or
any of its bodies or committees, he shall be at liberty to appoint and
authorise a proxy to take his place at that meeting of the Foundation and such
proxy shall have all the rights and privileges of a member of the Foundation
including the right to speak and vote at that meeting.
7. Any member shall cease to
be such member if:-
(a) he/she resigns, because of
unsound mind, becomes insolvent or be convicted of an offence involving moral
turpitude;
(b) he/she does not attend three
consecutive meetings of the Foundation without obtaining leave of absence from
the Chairperson;
(c) If he/she other than the
Member-Secretary, accepts a full time appointment in the Foundation.
8. A resignation from membership
of the Foundation shall be tendered to the Member Secretary and shall not take
effect until it has been accepted on behalf of the Foundation by the Chairperson. Any vacancy in the membership of the
Foundation caused by any of the reasons mentioned above, may be filled up by
the authority appointing such member and the person appointed in the vacancy
shall hold office only up-to the date up-to which the member in whose place he/
she is appointed have held office if it has not been vacated as aforesaid.
9. The Foundation shall
function notwithstanding any vacancy and notwithstanding any effect in the
appointment or nominations of any of its members, and no act or proceeding of
the Foundation shall be invalid merely by reason of the existence of any
vacancy therein or of any defect in the appointment or nomination of its
members.
10. General body
(a) All the members of the
Foundation shall constitute General body of the Foundation.
(b) The General body will approve
and accept the annual accounts of the Foundation.
(c) The General Body will
approve any amendment to the Memorandum of Association and/or Bye-Laws of the
Foundation.
(d) The General Body will appoint
the auditors of the Foundation.
(e) The General body will also
exercise such powers and perform such duties and functions as are not within
the powers of the Governing body.
11. Meetings
of the General Body
(i)
The Annual General Meeting of the Foundation shall be held at such time,
date and place as may be determined by the Chairperson.
(ii) The Chairperson may convene
a special meeting of the Foundation whenever he thinks fit or upon a written
requisition of not less than ten members specifying the object for which the
meeting is to be called.
(iii) The power of the
Chairperson under this rule may, in his absence, be discharged by the
Vice-Chairperson.
12. Unless otherwise provided in these Rules
all meetings of the Foundation shall be called by notice under the signature of
the Member- Secretary.
13. Every notice calling a meeting of the
Foundation shall state the date, time and place at which such meeting will be
held and shall be served upon every member of the Foundation not less than
twenty- one clear days before the day appointed for the meeting. Provided that the Chairperson may, for
reasons to be recorded, call a special meeting on such shorter notice as he may
think fit.
14. (i) If
the Chairperson is not present at any meeting of the Foundation, the Vice-
Chairperson shall preside over the said meeting.
(ii) In
the absence of the Chairperson and the Vice- Chairperson, every meeting of the
Foundation shall be presided over by a member chosen by the members present on
the occasion.
15. Seven members of the Foundation present in
person or by proxy as provide in Rule 6(b) above, shall form the quorum at
every meeting of the Foundation.
16.
All disputed questions at meetings of the Foundation shall be determined
by vote. Every member of the Foundation
including the member presiding shall have one vote and in the event of equality
of votes on any question to be determined by the Foundation, the member
presiding shall have an additional or casting vote.
17. (a)
The properly movable and immovable belonging to the Foundation, the
income thereof and the general superintendence, direction, control and
administration of the affairs of the Foundation, shall be vested in the
Governing body of the Foundation which shall have full power and authority to
do all acts, matters, things and deeds which may be necessary or expedient for
the purpose of the Foundation including without prejudice to the generality of
the foregoing, the power to acquire and dispose of property, the power to raise
loans with or without security, to advance money and to make appointments
subject to any limitation that may have been imposed by or under the Memorandum
of Association and Rules and Regulations of the Foundation.
(b) The Governing Body of the Foundation shall
normally consist of the following:
i) Welfare Minister, Ex-officio
Chairperson;
ii) One Executive Vice- President to be
nominated by Welfare Minister who should be a member of the General Body;
iii) Financial Advisor of the Foundation;
iv) Three members to be nominated by the
Welfare Minister from among the Members of the General Body for a term of two
years;
v) Secretary (Welfare) - Ex-Officio-Member;
vi) Financial Adviser (Welfare), Ex-Officio-
Member;
vii)
Joint Secretary (SCD), Ex-Officio-Member; and
(viii) Secretary/Member-Secretary of Dr.
Ambedkar Foundation.
Persons who believe in
Dr. Ambedkar’s Philosophy of Social Justice may be included in these Bodies,
c) The terms of the nominated members of the
Governing Body will be a period of three years.
d) However, for the first one year, the
Governing Body may be as follows:
|
S. No. |
Name |
Address |
Occupation Designation |
Designation in Foundation |
|
1. |
Sh. Sitaram Kesri |
Shastri Bhawan, |
Minister of Cabinet Rank of the Union Cabinet |
Chairperson |
|
2. |
Smt. Usha Vohra |
Shastri Bhawan, |
Secretary (Welfare) Government Service |
Vice-chairperson |
|
3. |
Smt. Savita Ambedkar |
Matru Chaya 59, R.B.S.K. Bole Road, Dadar (West) Bombay |
Social Worker |
Member |
|
4. |
Dr. Ravinder Kumar |
Teen Murti Bhawan, |
Director, |
Member |
|
5 |
Shri A.P. Shrivastava Member |
Delhi |
Delhi University |
University Librarian |
|
6. |
Shri Anil Bordia |
Shastri Bhawan , |
Secretary, Dept. of
Culture (Govt. Service) |
Member |
|
7. |
Shri Bhaskar Ghosh |
Shastri Bhawan , |
Secretary, Dept. of
Culture (Govt. Service) |
Member |
|
8. |
Smt. Anita Das |
Krishi Bhawan ,New Delhi |
Financial Advisor Ministry of Welfare New Delhi |
Member |
|
9. |
Sh. A Munivenkatappa |
Shastri Bhawan New Delhi |
Joint Secretary Ministry of Welfare New Delhi |
Member |
18. A Member of the Governing Body shall cease
to be such member if :
(a) He/she, resigns, becomes of unsound mind,
becomes insolvent or be convicted of an offence involving moral turpitude; or
(b) He/ she does not attend three consecutive
meetings of the Governing Body without obtaining leave of absence from the
Chairperson or Vice-Chairperson.
(c) Being a member of the Foundation ceases to
be a member thereof.
19. A resignation from the membership of the
Governing Body shall be tendered to the Secretary and shall not take effect
until the Chairperson has accepted it on behalf of the Foundation.
20. Any vacancy in the membership of
the Governing Body may be filled up by the authority appointing such member and
the person appointed in the vacancy shall hold office only upto the date up to
which the member in whose place he is appointed would have held office if it
had not been vacated as aforesaid.
21. The Governing Body shall function notwithstanding
that any person who is entitled to be a member by virtue of his office is not
invited as a member of the Governing Body for the time being and
notwithstanding any other vacancy in its body whether by the non appointment or
otherwise, and no act or proceeding of the Governing Body shall be invalid
merely by reason of the happening of any of the above mentioned events or of
any defects in the appointment or nomination of any of its members.
22. Every meeting of the Governing Body shall
be presided over by the Chairperson, in his absence by Vice-Chairperson and in
the absence of both, a member chosen by the members present at the meeting to
preside for the occasion.
23
Four member of the Governing Body present in person shall constitute a
quorum at any meeting of the governing Body.
24. Not less than seven clear
days' notice for every meeting of the Governing body shall be given to each
member thereof provided that the Chairperson and in his absence the Member Secretary
may for reasons to be recorded call a meeting on such shorter notice as he may
deem fit.
25. Every notice calling a meeting
of the Governing Body shall state the date, time and place at which such
meetings will be held and shall, except as otherwise provided in these Rules,
be under the signature of the Member- Secretary.
26. (i) Annual list of
Managing/Governing Body
Once in every year a list of the office-bearers and
members of the Foundation shall be filed with the Registrar of Societies, Delhi
as required under Section 4 of the Societies Registration Act, 1860.
(ii) The Governing body shall
hold at least three meetings in a year and not more than six months shall lapse
between any two meetings of the body.
27. (i) Each member of the
Governing body including the Chairperson shall have one vote and if there shall
be an equality of votes on any question to be decided by the Governing Body,
the Chairperson shall, in addition, have a casting vote.
(ii) Subject to as
herein mentioned in case of a difference of opinion amongst the members of the
Governing Body, the opinion of the majority shall prevail.
28. Any business which it may be
necessary for the Governing Body to perform, may be carried out by circulation of
the draft resolution amongst all the members and any resolution so circulated
and approved by a majority of the members affixing their signatures there to
shall be as effectual and binding as if such resolution had been passed at a
meeting of the Governing Body.
29. The Chairperson may refer any
question, which in his opinion, is of sufficient importance to justify such a
reference, for the decision of the Central Govt. and such decision shall be
binding on the Foundation and its Governing Body.
30.
Bye-Laws
(i) The Governing Body
shall have power to make and frame bye-laws not inconsistent with the
Memorandum of Association and Rules and Regulations of the Foundation and to
alter, amend and rescind the same from time to time for the administration and
management of the affairs of the Foundation.
ii) Without prejudice to the generality of the
foregoing provision, such bye- laws may provide for the following matters:
(a) The preparation and sanction of budget estimates, the sanctioning
of expenditure, making and execution of contracts, the investment of the funds
of the Foundation and the sale or alteration of such investment, and account
and audit;
(b) Powers, functions and conduct
of business by such Advisory Boards or Committees, Standing and other
Sub-Committees, as may be constituted from time to time, and the term of office
of their members.
(c) The Governing body
shall frame the recruitment rules, prescribe the scales of pay, academic and
professional qualification, experience age, etc. for various posts in
accordance with the instructions issued by the Govt. of India in this regard
from time to time;
(d) 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/-) .For similar posts provided
that posts carrying the maximum of shall be created, continued and confirmed
with the prior approval of the Ministry of Social Justice and Empowerment subject
to orders issued by the Govt. from time to time in this regard. Provided
further that all the posts the maximum scale of pay further that all the posts
the maximum scale of pay of which exceeds Rs 4500/- will be created with the
prior approval of the Govt. in consultation with the Ministry of Finance, Dept.
of Expenditure.
(e)
The reservation of posts for SCs/STs/ Ex- Serviceman/ Disabled etc. will
be as per Government of India Rules.
(f) The terms and tenure of appointments, emoluments,
allowances, rules of discipline and other conditions of service of the officers
and staff of the Foundation.
(g)
Terms and conditions governing scholarships and fellowships research
schemes and projects.
(h) Such other matters as may be necessary furtherance
of the objectives and the proper administration of the affairs of the
Foundation.
31.
Subject to
these Rules and Regulations, the Governing Body or any person or body whom the
Governing may authorise in this behalf, shall have the power to appoint all
categories of officers and staff for conducting the affairs of the Foundation
to fix the amount of their remuneration subject to budget provision, and define
their duties.
32.
The Governing Body may delegate to the Member Secretary or any of its
members and/or any other officer of the Foundation such administrative and
financial powers and impose such duties as it deem proper and also prescribe
limitations within which the said powers and duties are to be exercised or
discharged.
33. The accidental
omissions to give notice of any meeting of the Foundation or the Governing body
to or the non-receipt of a notice by any person entitled to receive such notice
shall not invalidate the proceedings at that meeting.
34. The
Governing Body may, by resolution, delegate to its Chairperson such of its
powers for the conduct of business as, it may deem fit, subject to the
condition that the action taken by the Chairperson under the powers so
delegated shall be reported for information at the next meeting of the
Governing Body.
EXECUTIVE COUNCIL
35. The Term 'Executive Council' has been
deleted.
The day-to-day affairs
of the Foundation will be conducted and administered by Secretary of the
Foundation with the approval of the President/Executive Vice-president, as the
case may be, and whenever necessary in consultation with Financial Advisor.
36. The
Chairperson may, in writing, delegate such of his powers as may be necessary to
any of the other members of the Governing Body or any other officers of the
Foundation.
FUNCTIONS AND POWERS OF THE
MEMBER-SECRETARY
37. The Member Secretary of the Foundation shall
be appointed by the Governing Body with prior approval of the Central Govt.
provided that the first Member Secretary shall be appointed by the Central
Govt. for such period and on such terms and conditions as the Central Govt. may
deem fit and proper.
38. Subject to any directions that may be given
by the Governing Body, the Member Secretary shall be the principal executive
officer of the Foundation. He shall be
responsible for the proper administration of the affairs and the schemes of the
Foundation under the direction and guidance of the Chairperson of the Governing
Body, and for the preparation of accounts and budget of the Foundation provided
that the Member Secretary may with the approval of the Governing Body, delegate
any of his powers and functions to any other officer of authority appointed or
established under these Rules.
39. (a) The
Member Secretary shall look after the Foundation under the direction of the
Governing Body and shall convene, whenever necessary, meetings of the
Foundation, and any of the Committee or Sub Committee thereof.
(b) The Member Secretary shall keep or cause
to be kept proper records and minutes of the proceedings of the General
Meetings of the Foundation and of the Governing Body and send copies thereof to
the Central Govt. The Member-Secretary
will do everything necessary to give effect to the resolutions passed by the
General Meetings of the Foundation as also to those passed by the Governing
body and any Committee or Sub-Committee thereof. The Member-Secretary shall keep or cause to be kept all records
of the Foundation at its office or at any other place to be determined by the
Governing Body.
(c) The
Member Secretary shall or any member of the Governing Body, if so authorised by
a resolution passed in that behalf by the Governing Body, may execute all
contracts, deeds and other instruments on behalf of the Society and members of
the Governing Body.
(d)
For the purpose of Section of Societies Registration Act (21 of 1860)
the Member-Secretary shall be considered the Principal Secretary of the
Foundation and the Foundation may sue or to be sued in the name of the Member-
Secretary of the Foundation.
40 The Member- Secretary shall in all matters
under his charge, have the powers and duties assigned to him in these Rules and
Regulations and the bye- laws that may be framed or such powers and duties as
may be delegated to him by the Foundation or the Governing Body.
41. The Member-Secretary shall prescribe the
duties of all officers and staff of the Foundation and shall exercise such
supervision and disciplinary control as may be necessary subject to these Rules
and the Bye-laws that may be framed.
42. It shall be the duty of the
Member-Secretary to co-ordinate and exercise general supervision over all
activities under the Foundation.
FINANCE ADVISER
43. A person with adequate financial
background shall be appointed by the Governing Body as Pay & Accounts
Officer who will also act as Financial Adviser of the Foundation.
44. Matters concerning the financial aspects of
the affairs of the Foundation shall be referred to the Financial Adviser of the
Ministry of Welfare for advice.
FINANCIAL COMMITTEE
45 The Governing Body shall appoint a Finance Committee consisting
of five members of which the Financial Adviser and the Secretary shall be the ex-officio
members. The President of the Finance Committee shall be appointed by the
Governing Body.
46. The Finance Committee shall have the following duties:
i) To scrutinise the accounts and budget
estimates of the Foundation and to make recommendations to the Governing Body;
ii) To consider and make recommendations to the
Governing Body on proposals which shall be referred to the Finance Committee
for opinion before they are considered by the Governing Body.
iii) To scrutinise re-appropriation statements
and audit notes and make recommendations thereon to the Governing Body.
iv) To review the finance of the
Foundation from time to time and have concurrent audit conducted wherever
necessary;
v) To give advice and make
recommendations to the Governing Body on any other financial questions
affecting the affairs of the Foundation.
vi) 1. To fix limits for
recurring and non-recurring expenditure for the year;
2. No expenditure
other than that has been provided for in the budget shall be incurred by the
Foundation without prior approval of the Finance Committee.
47. i) The Foundation
shall maintain proper accounts and other relevant records
and prepare an annual
statement of accounts including the balance sheet in
such form as may be
prescribed by the Central Govt.;
ii)
The accounts of the Foundation shall be audited annually, in such manner
as the Central Govt. may direct and any expenditure incurred in connection with
the audit of the accounts of the Foundation shall be payable to the Foundation;
iii) The accounts of the Foundation as
certified by the Auditors together with the audit Reports thereon shall be
forwarded annually to the Central Govt.;
iv) The accounting year of the Foundation will be from April to
March.
48 i) An Annual Report
of the working of the Foundation shall be prepared, by the Governing Body for
the information of the Central Govt. and the
members of the Foundation. A draft
of the Annual Report and the yearly accounts of the Foundation shall be placed
before the Foundation at the Annual General Meeting for its consideration and
approval;
ii) The Annual Reports and the Audit Reports
shall be forwarded every year within the prescribed period to the Govt. of
India so as to enable it to place them before the Houses of Parliament.
49. The Bankers
of the Foundation shall be the State Bank of
AMENDMENTS OF RULES
AND REGULATIONS
50. Subject to
the provisions of Societies Registration Act XXI of 1860, the Foundation may
alter or extend the purpose for which it is established with the previous
concurrence of the Central Govt.
51 Unless otherwise required by the provision of
Societies Registration Act XXI 1860, or the Rules or Guidelines made there
under from time to time the Rules and Regulations of the Foundation may be
altered at any time with the sanction of the Central Government by a resolution
passed by a majority of the members of the
Foundation present at any meeting of the Foundation duly convened and
held for the purpose.
52. The Foundation may be
dissolved in accordance with the provision of the Section of the Societies Registration
Act XXI of 1860 after obtaining the previous consent of the Central Govt. in
that behalf.
53. If upon the
dissolution of the Foundation there shall remain after the satisfaction of all
its debts and liabilities or any property whatsoever, the same shall not be
paid to or distributed among the members of the Foundation, but it shall be
lawful for the members to determine by majority of the votes of the members
present personally or by proxy at the time of dissolution of the Foundation
that such property shall be given to the Central Govt. to be utilised for any
of the purposes, or which the Foundation is established.
54.
The Foundation may sue or be sued in the name of the
Chairperson/Secretary as per provisions laid down under Section 6 of the
Societies Registration Act XXI of 1860 as applicable to the Union Territory of
Delhi.
55.
All the provisions under all the sections of the Societies Registration
Act XXI of 1860 as applicable to the Union Territory of Delhi shall apply to
the Foundation.