MOA & REGULATIONS

1. Unless there be something, in the subject or context inconsistent therewith, the words and expressions used in the Memorandum of Association and Regulations shall have the following meaning :

a) The "Board" means the Sherpa Development and Cultural Board;

b) The "Chairperson" means the Chairperson of the Board;

c) The "Vice-Chairperson" means the Vice-Chairperson of the Board;

d) "Government" means the Government of West

e) "Official" means a member of the General Council or the Executive Council and shall include all the Office-bearers of the Board; f) Word indicating singular number shall include plural number and vice versa and the words indicating masculine gender shall include feminine gender and vice versa.

2. Membership:

(i) The Board shall consist of the members of the General Council which shall include: (a) Nominated members ( Nominated by the Government in Tribal Development Department); (b) Ex-Officio members ( Nominated by the Government in Tribal Development Department by virtue of their holding any office in Government service); (ii) The Society shall keep a roll of members giving their addresses and occupation. Every member shall sign the same on becoming a member. No person shall be deemed to be a member or be entitled to exercise any rights and privileges of a member unless he has signed the roll as aforesaid. The register will be kept open in office hours for the inspection of the members. 3. The following shall be the authorities of the Board :

(a)General body

(b)Executive Body

4. General body;

The General Body consisting of not more then 31 (thirty one) members to be nominated in the following manner :

(i) Chairperson- ( to be nominated by the State Government in the Tribal Development Department from among the Sherpa community to be decided on the basis of recommendation of the largest recognised society or organization of the Sherpa community of West Bengal);

(ii) Vice - Chairperson- ( to be nominated by the State Government in the Tribal Development Department from among the Sherpa community to be decided on the basis of recommendation of the largest recognised society or organization of the Sherpa community of West Bengal);

(iii) Member - Secretary - one officer appointed by the State Government on deputation;

(iv) Ex-Officio Member - District Magistrate, Darjeeling or his representative

(v) Ex-Officio Member - District Welfare Officer, Darjeeling, Backward Classes Welfare Department, Darjeeling;

(vi) Ex-Officio Member - Director, Cultural Research Institute or his representative

(vii) Other members to be nominated by the State Government from among the Sherpa community to be decided on the basis of recommendation of the largest recognised society or organization of the Sherpas of West Bengal.

5. Meeting of the General Body

The General Body shall ordinarily meet at least twice a year on date, time and place to be fixed by the secretary in consultation with the Chairperson and shall: (i) adopt the annual report of the preceding year;

(ii) pass the audited accounts and budget estimates; and

(iii) transact any business as well be placed in the agenda suggested by the executive body.

6. Extra- ordinary meeting

An extra-ordinary meeting of the General Body may be called by the Secretary, in consultation with the Chairperson and at the advice of the Executive body when needed to transact any special business or at the requisition signed by at least ten (10) members of the Board. The Chairperson shall convene the requisitioned meeting within thirty (30) days from the date of receipt of the requisition. If the requisitioned meeting fails to attain quorum, it will not be adjourned and will be treated as failed

Notice of the place, date and hour of any meeting and of the business to be transacted shall be issued to the members of the board at least seven (7) days before the date so fixed for the meeting.

7. Notice of the place, date and hour

Notice of the place, date and hour of any meeting and of the business to be transacted shall be issued to the members of the Board at least seven (7) days before the fixed date.

8. The following procedures shall be applicable to all the meetings of the General Body.

i) One-fifth of the members shall constitute the quorum. If there be no quorum, the meeting shall stand postponed to a date to be fixed by the Chairperson. A fresh notice shall be issued and if there be no quorum again those present shall be competent to transact business.

ii) The Chairperson or in his absence the Vice-Chairperson shall take the Chair. If neither the Chairperson nor the Vice-Chairperson be present, the members present shall nominate a President for the meeting from amongst them and transact the business.

9. Executive Body:

(a) The Executive body consisting of not more than 11 (eleven) members shall be constituted as following by the Government from amongst the members of the general body, namely,-

i) Chairperson - to be nominated by the State Government in the Tribal Development Department from among the Sherpa community to be decided on the basis of recommendation of the largest recognised society or organization of the Sherpa of West Bengal;

ii) Vice- Chairperson - to be nominated by the State Government in the Tribal Development Department from among the Sherpa community to be decided on the basis of recommendation of the largest recognised society or organization of the Sherpa of West Bengal;

iii) Member Secretary - one officer (senior IAS officer) appointed by the State Government on deputation;

iv) Ex-officio Member - District Magistrate, Darjeeling or his representative;

v) Remaining 7 (seven) members to be nominated by the State Government from among the Sherpa community to be decided on the basis of recommendation of the largest recognised society or organization of the Sherpa of West Bengal.

Provided that the State Government in the Tribal Development Department may nominate such other persons, as it may consider necessary for smooth and proper functioning of the Board as members of the Executive body, who will also be members of the General Board.

10. Meeting of the Executive body:

i) the executive body shall ordinarily meet four times in a year and the quorum of such meeting shall be six (6);

ii) an extra-ordinary meeting of the executive body may be called at the requisition of at least six (6) members of the Executive body to transact any special business. The requisitioned meeting shall be convened within fifteen (15) days from the date of receipt of the requisition. If the requisitioned meeting fails to attain quorum, it will not be adjourned and will be treated as failed;

iii) notice of all meetings of the executive body shall be issued at least seven (7) days before the date fixed for such meeting.

11. The power and duties of the General Body shall be as follows :

i) To provide guidelines of the activities of the board in conformity with the objects defined;

ii) To consider and adopt annual report of the board;

iii) To consider and approve the audited accounts and the budget estimates;

iv) To appoint auditor for auditing the annual accounts.

12. The power and duties of the Executive Body shall be as follows:

i) to manage the affairs of the body and for this purpose to constitute committees and / or sub-committees consisting of the members of the body and to frame and adopt such regulations, bye-laws and pass such orders as may appear conducive to and necessary for the efficient administration of the board and the attainment of these objects provided that such regulations shall not be repugnant to these regulations and shall be reported to the general body. The executive body will constitute a committee or sub-committee to be headed by the chairperson or the vice-chairperson for overall development of the Sherpa Community;

ii) to prepare and p[lace before the general body and annual report, the audited accounts and the budget estimates;

iii) to manage all the moveable and immoveable properties belonging to the board;

iv) to acquire and accept in the name of the board any property (moveable and immoveable), articles, donations and gifts;

v) to keep accounts audited and the budget estimate prepared , to do all other acts and deeds as shall be necessary and relevant in furtherance to the objects of the board;

vi) to pay out of funds belonging to the board or out of any particular part of such fund, the expenses incurred by the board from time to time including expenses for the formation of the board and management of administration of the foregoing objects, including all rent, dates and taxes, outgoing and salaries, allowances including fringe benefits of the employees. The fringe benefit of the employees will be fixed in consultation with the Government.

13. The Executive body shall exercise

The Executive body shall exercise the power as mentioned above subject to the directives as may be issued by the State Government in Tribal Development Depart from time to time

14. properties belonging to the Board

All the properties belonging to the Board shall be deemed to be vested in the Executive body but should be referred to as the properties of the Board.

15. Power of the Chairperson:

(a) The power and duties of the Chairperson shall be to preside over all the meetings of the Executive Body as well as General Body, to regulate the proceedings and to do all other things necessary for the administration of the board.

(b) In the absence of the Chairperson, the Vice-Chairperson shall preside over the meeting of the Executive Body as well as General Body, to regulate the proceedings and to do all other things necessary for the administration of the board

(c) In the absence of the both, the Chairperson and the Vice-Chairperson, a member of the Executive/General Body as the case may be, duly elected by the members present shall have the same power and duties

16. Appointment, Function and powers of the Secretary :

The Secretary of the Board shall be appointed by the State Government from among a serving officer of the Government of West Bengal, and he shall be the Chief Executive Officer of the Board and shall be responsible to the executive Body as well as General Body for all his acts and deeds and his powers and duties shall be as follows:

(a) to run the administration of the Board;

(b) to act as an ex-officio member of all the committees and sub-committees;

(c) to act in urgent matters in consultation with the Chairperson, and in his absence, the Vice-Chairperson and to report the action taken in the next meeting of the Executive Body;

(d) to convene the meetings of the Executive Body and the General Body;

(e) to exercise all other powers as may be delegated to him by the General Body / Executive Body and to act as a Drawing and Disbursing Officer; and

(f) to make, sign and execute all such documents and instruments as may be necessary and proper for carrying on the management of the property and affairs of the Society.

17. Each member of the Executive Body :

Each member of the Executive Body and or the General Body shall have one vote and if there be any equality of the votes on any question to be decided, the Chair shall have a casting vote.

18. The term of the General Body :

(a) The term of the General Body shall be five years from the date of notification and the Executive Body shall be constituted simultaneously and shall function during the tenure of the General Body or till such time when the General Body is reconstituted by the Government;

(b) The Government shall reconstitute the General Body and the Executive Body on the expiry of the tenure.

19. The terms may be extended :

If it is so required, the terms of the General Body may be extended by the Government for such period as may be deemed necessary and in that case the term of the Executive Body shall stand extended automatically.

20. Government in the Tribal Development :

Government in the Tribal Development Department may withdraw any nomination of the members of the General Body as well as of the Executive Body without giving reasons.

21. Cessation of Membership:

(i) All members of the Executive Body appointed on ex-officio capacity shall hold office for the period of their tenure in the official position;

(ii) Members not appointed on ex-officio capacities shall hold office for a term of three years only and may be eligible for re-nomination;

(iii) A member submitting resignation to the Chairperson and on the acceptance of his resignation from Membership by the Executive Body shall cease to be a Member;

(iv) Cessation from Membership shall also occur on grounds of death, insolvency, insanity, conviction of any offences in connection with the management and conduct of the affairs of the Board and also on the grounds of the offences on moral turpitude subject to him being found guilty by the State Government or by a court of law;

(v) Cessation from Membership shall also occur on withdrawal of nomination by the Government.

22. The Board shall function notwithstanding :

The Board shall function notwithstanding any vacancy in its Executive Body and/or General Body and no act or proceedings of the Board shall be invalid merely for any reason of such vacancy.

23. Fund of the Board :

The fund of the Board shall consist of recurring annual and ad-hoc grants from the Government, non-government organization, sale of publication and other sources, if any.

24. The funds of the Board :

The funds of the Board shall be in charge of the Secretary of the Board and the Secretary of the Board shall act as Drawing and Disbursing Officer of the Board who shall receive all sums of the money on behalf of the Board and maintain proper accounts both of income and expenditure and prepare and submit statement of accounts to the Executive Body for further action.

25. Bank Account :

One or more banking accounts, with any nationalized bank, as may be decided by the Executive Body, shall be opened on behalf of and in the name of the Board into which all sums of money received shall be deposited and Accounts shall be operated jointly by the Secretary and the Treasurer or any other official to be decided by the Executive Body.

26. Books of Accounts and Inspection:

The Board shall keep in its registered office proper books of accounts showing:

(a) All sums of money received and sources thereof and all sums of money expended by the Board in details;

(b) The assets and liabilities of the Board;

(c) The Board shall have the Accounts audited regularly;

(d) Such account and other documents of the Board shall be liable to be inspected as per provisions of the West Bengal Societies Registration Act, 1961, and rules framed there under with the consent and approval of the State Government.

27. Filling up of any vacancy:

Any vacancy among nominated members shall be filled in by the Chairman of the Board on the recommendation of the Executive Body, and such a member shall hold office only for the rest of the period of the member whose vacancy was filled up.

28. Accounting year:

The Accounting year of the Board shall be from 1st April of the year to the 31st March of the following year.

29. Safe Custody of the funds and properties of the Board:

The safe custody of the funds and properties of the Board including in particular the manner in keeping for investing any money of the Board shall vest with the Executive Body of the Board.

30. The Board shall maintain a Register of members containing the following particulars:

(a) the names and address of the members;

(b) the dates on which the members were nominated;

(c) the dates on which the members ceased to be such; and Registers relating to all other business. All the Registers will be kept open for inspection.

31. The Board :

The Board may sue or may be sued in the name of the Secretary of the Board.

32. Amendment of Regulation:

No regulation of the board shall be changed or amended except by a majority of three fourth of total number of members of the General Body on the roll at the meeting of the General Body.

33. Dissolution of the Board:

The Board may be dissolved in accordance with the provisions under section 24 and 27 of the West Bengal Societies Registration Act, 1961. In the event of dissolution after satisfaction of all liabilities, all the assets including moveable and properties whatsoever that remain, shall vest in State Government who shall decide the future usage of them.

34. All the provisions :

All the provisions under all the sections of the West Bengal Societies Registration Act, 1961 and rules, as subsequently amended, shall apply to this Board.