Constitution of national plaform on drr english
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Constitution of national plaform on drr english Constitution of national plaform on drr english Document Transcript

  • UNOFFICIAL TRANSLATION FINAL DRAFT National Platform on Disaster Risk Reduction Constitution 2065 PreambleThe Main Achievements of the World Summit on Disaster Risk Management held inHyogo Prefecture of the Kobe city of Japan from the 18th to 20th January 2005 arementioned here in a priority order. More than four thousand participants from variousfields and areas participated with stakeholders in the field of disaster management aswell as high-level policy makers from 168 member countries of the United Nations.During this summit, these participants expressed their commitment to implement theHyogo Framework for Action, 2005 - 2015 in their respective countries. As per thecommitment expressed for the effective implementation of the Hyogo Framework forAction, 2005 - 2015, the participant countries have put significant efforts in theConference of the Global Platform in Geneva on 5-7 June 2007. During this summit,high-level policy makers representing disaster prone countries together with non-governmental organizations, educational institutions and distinguished personalities fromthe private sector, it was emphasized to establish a national platform on Disaster RiskReduction. Accordingly, , this Constitution has been formulated by being subservient tothe National Direction Act, 2018. Chapter - 1 Commencement1. Name of the organization:The name of organization shall be National Platform on Disaster Risk Reduction, whichshall be called as NPDRR in short.a) Address of the office of the organization:The office of the organization shall remain in Kathmandu district.b) Jurisdiction of the organization:The jurisdiction of National Platform on Disaster Risk Reduction shall cover the entireterritory of Nepal.c) Commencement:The Constitution shall come into force from the date of registration of the same.d) Existence of the organization:This organization shall remain as an organized, autonomous, non-profit, non-politicaland non-governmental social organization having continued successor.2. DefinitionIf subject or context does not mean otherwise, in this Constitution:a) "Constitution" shall denote the Constitution of this organization.b) "Organization" shall refer to the National Platform on Disaster Risk Reductionc) "Committee" shall denote the working committee formed as per Article 13 of thisConstitution.d) "Assembly" shall denote the general assembly and also the special general assemblyheld as per this Constitution.e) "Office bearers" shall refer to the office bearers of this organization.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 1 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFTg) "Rules and Regulations" shall mean the rules and regulations to be formulated underthis Constitution.h) "National Platform" shall denote such a platform of the stakeholders who representin the National Platform on Disaster Risk Reduction and who, besides debating,advocating, coordinating and analyzing the works related to disaster risk mitigationincluding the prioritizing the areas, moves ahead by assisting to formulate a coordinativeand participatory policy, plan and programme.i) "Local Authority" shall mean the Chief District Officer.j) "Specified or as specified" shall denote the matter specified or as specified in the ruleand regulations prepared under this Constitution.k) "Local agency" shall mean Village Development Committee, Metropolitan and Sub-metropolitan cities, Municipalities and District Development Committee.3. Seal and Symbol of the organization:The organization shall have its own seal and symbol and the same shall be as per thedesign given in Annex - 1. But if the seal and the symbol of the organization are similarto that of any already registered organization, this will be corrected immediately throughamendment process. Chapter 2 Objectives4. Objective of the organization:The following shall be the objectives of the organization:a) National Platform on Disaster Risk Reduction will be a platform which will be represented by the stakeholders at the national level and which will besides, debating, advocating, coordinating and analyzing the works related to disaster risk reduction, will suggest which areas to in prioritize. Apart from this, the platform will move ahead by bringing the coordinative and participatory policy, plan and programmes about the same in the main streamline.b) A strong effort will be made to build an environment of national consensus and to develop a common concept by bringing all the stakeholders in one place to coordinate all the disaster risk mitigation activities going on in the country and to discussing them in a structured manner.c) Since the task of disaster risk reduction is complex, a reliable mechanism will be developed that respects political commitments, the concerns of the people concen, skill and scientific knowledge, early warning systems which benefit the general population and other important Disaster Risk Reducition related issues.d) In the implementation of activities of national disaster risk mitigation guiding and reformative works shall be done.e) To involve civil society, non-governmental organizations including the private sector effectively in the field of disaster risk reduction, debates and discussion programmes will be organized.f) The debate and partnership with friendly nations and office bearers of national and international agencies shall be smoothened.g) A process to strengthen partnerships to share knowledge and information as well as transfer and handing over of technology will be included.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 2 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFTh) The coordination and linkages among the members of this platform will strengthen the relationships with national, regional and global actors.i) For the organized assistance required for effective implementation of disaster risk reduction, a strong mechanism in participation of the stakeholders shall be established and works to ensure and guarantee human and physical safety of the common people shall be carried out. The nation shall be made resilient through reducing the adverse effects of disasterj) This Platform shall play a proactive and leading role while implementing the Hyogo Framework for Action through the National Work Plan.k) Awareness of the citizens shall be raised with regard to public responsibility about safety and consolidation by providing assistance in the field of disaster risk mitigation.l) Apart from pleading and advocating for the inclusion of disaster risk reduction in developmental policy, working policy and activities, this aspect shall be included as an integral part of multilateral environmental understanding.m) All the works related to disaster risk reduction and coordinated at the national level shall be participated in.5. Works to be done in order to achieve the objectives of the organization:In order to fulfill the above-mentioned objectives the organization shall do the following: a) The organization shall implement its objectives only after acquiring approval or license from the concerned agency as per prevailing Law of Nepal. b) The organization shall construct, rent or take on lease the building required for the organization and shall purchase or rent the office equipments such as computer, telephone, typewriter, fax and means of transportation. c) Recruit the personnel required for the organization and determine their terms of condition. d) Conduct effectively the debate, pleading and advocacy campaigns to acquire the participation of high level policy making level and concerned parties for the implementation of policy, Acts and working systems related to disaster risk management. e) Manage basis information system for disaster risk reduction. f) Participate and assist in formulating national policy, strategy and development works related to disaster risk reduction, resource mobilization and capacity building g) Analyze and evaluate the concerns and challenges with regard to disaster risk and besides prioritizing the areas for disaster risk reduction help in identifying the human settlements that are in vulnerable condition h) h) Make an integrated effort to continue positive achievements in an organized way by reviewing development project and working system conducted for disaster risk reduction. i) Promote cooperation and partnership among the members of the National Platform in order to mitigate the risk of the people of disaster prone and high- risk areas j) Prepare an article about educative and worth imitating works on disaster risk reduction and its achievements and mutually share the same. Make a special effort to include the topic of disaster risk reduction in the work list, knowledge and information to be transmitted through education system of the country and medium of communication.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 3 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT k) Gain knowledge, skill and information about disaster management and share the same. Make the transfer of technology about the same smooth. l) Make and implement a result oriented work schedule together with work plan for coordinated implementation of Hyogo Framework for Action at the national level. Under this, prepare a report by monitoring the works carried out through central and community levels and receive feedback by making public the same. Internalize the feedback and suggestions thus received on the basis of reformative works. m) Play an inspirational role for appropriate objective oriented participation to include the topic of disaster risk reduction in the work schedule and in the priority of sustainable development of the state. Particularly poverty alleviation strategy, millennium development goal, structure of the UN assistance, bilateral and multilateral development understandings are included under this. n) Integrate the topic of disaster risk reduction in the development concept, plan and programmes including all kinds of humanitarian assistance works. In the same way, be effortful to establish this topic as primary concern even in the multilateral understandings and treaties about significant natural environment such as climate change, bio-diversity and desertification. o) Enhance coordination and collaboration with institutions such as contact unit, technical committee, academic and research organization s formed for sustainable development, which are related to disaster risk reduction, and environment and climate change at the national level. p) Collaborate with civil society, non-governmental organizations, and private sector and community groups by establishing the works of disaster risk reduction as multilateral concern; create opportunity through dialogue; enable them to contribute by enhancing their capacity and make necessary effort to make them able to collaborate and work with governmental agency and the UN system including other international development agencies. q) Be effortful to develop multidimensional national research system about disaster management. Encourage and facilitate for the useful scientific concept, procedural structure and work oriented perspective. r) Identify the possibilities of collaboration and actively participate in collective effort by coordinating and conducting Regional and Global Platforms established by involving various countries. Chapter 4 Membership6. Classification of the members:Arrangement for membership of the Platform shall be as follows:a) There shall be three kinds of member in the Platform - Organization al member - Expert member - Honorary memberInitially provision for organization al member only shall be made. After the first generalassembly, arrangement for expert member shall be made on mutual consensus.b) Persons from the following areas that are related to the works of disastermanagement shall be invited as the member of the platform:Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 4 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT 1) Ministry, Commission, Department, Central Level Agencies, Public Academy of Nepal Government 2) National and international non-governmental organization s 3) United Nation and other international agencies. 4) Scientific, academic and research organization s 5) Mass media 6) Local Bodies 7) Community organizations 8) Industrial and business organization s7. Eligibility for acquiring membership:In order to be a member of this organization one should have the following eligibility: a) Should be a Nepali citizen b) Should have reached the age of 25 years c) Should not have lost mental balance d) Should not have been convicted in misappropriation of public property e) Should not have been convicted and punished in criminal case by the court showing his/her moral turpitude. f) In order to be an organization al member of this organization, an organization should have continuously worked at least for three years having disaster management as the main objective and should have been registered as per the prevailing laws. g) Responsibility and the code of conduct to be abided by the member shall be as decided by the General Assembly and/or Executive Committee h) Other arrangement with regard to member shall be as specified.8. Condition in which one cannot acquire membership of the organization orremain as a member: Any of the following persons is not eligible for acquiring the membership of this organization: a) Non-Nepali citizen b) Not reached the age of 25 years c) Having lost mental balance or insane d) Convicted in misappropriation of public property e) Punished or convicted in criminal case by the court showing his/her moral turpitude. f) If someones vested interest is found in the business of the concerned organization g) If someone has not cleared any proportionate liability he/she is supposed to clear h) If someone is convicted and punished by court in charge of theft, cheating, forgery or embezzlement of property under ones responsibility in an unauthorized manner or corruption. i) Not having the disaster management as the main objective and not worked for 3 years to be become organization al member j) If someone does not follow the code of conduct (to be abided by member as their responsibility) determined by General Assembly and/or Executive Committee k) Not having other eligibility as specified about the membership.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 5 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT9. Termination of membership:9.1. Under the following conditions one shall not remain as a member of thisorganization: a) If one cannot acquire membership as per Article 8 of this Constitution b) If majority of 75% of the General assembly endorsed to remove someone from membership. c) If the resignation tendered by someone from his/her post is accepted d) If it is proved in the court that someone is dishonest or has ill-intention in the process of the organization e) If someone does any work which is prevented by this Constitution f) If someone has fails to pay membership fees g) If the organization is dissolved and cancelled9.2. Before deciding that someone cannot acquire membership or is ineligible to remainas a member he/she shall be informed of the same and shall be given opportunitysubmit his/her evidences for clarification.10. Conditions in which one can acquire membership and remain as a member ofthis organization:Members can acquire membership as per Article 6 by paying the fees as specified inSub-Article of this Constitution.a) Organization al member: a) Members of ad-hoc committee at the time of registering this organization shall be the founder member of this Platform b) The working committee can provide organization al membership to the organization from among the organizations who is willing to become organization al member and apply as per the specified procedures by paying Rs.1000/- (One thousand) only as entry fees and Rs.1500/- (one thousand five hundred) only as annual fees c) The organization that has become organization al member as per the above sub- article (b) shall have to pay Rs.1500/- (one thousand five hundred) only for renewing the membership annually. d) Such organization al members shall have to get their membership renewed by the end of Asar (June/July) every year. And if not, the same can be renewed by paying additional charge as specified.b) Expert member:a) As specified working committee can provide expert membership to such persons whohave gained expertise in the field of disaster management. Other provisions about thisshall be as specified.c) Honorary member:With decision of the General Assembly, honorary membership can be conferred toorganization s or persons who have contributed significantly in the field of disastermanagement.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 6 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFTd) If it is decided not to confer membership to any applicants, the working committeeshall have to inform the applicants of the same with reasons for not grantingmembership.e) All the members shall have to abide by the rule and regulations formulated in this orunder this Constitution.f) Record of the members as provided as per sub-article 1, 2, and 3 shall be keptseparately in the specified format. Chapter 4 Provisions regarding General Assembly, Working Committee, Secretariat and Meeting11. Formation of General Assembly:The formation of the General Assembly shall be as follows: 1) A General Assembly shall be formed comprising of the members other than the honorary members who have acquired membership as per Article 7 of the Constitution of this organization. General Assembly shall be apex body of the organization. Honorary members shall be invited in the meeting of general assembly. 2) The meeting of the general assembly shall be held as per the following: a) Annual General assembly: There shall be general assembly meeting once in a year b) Special General Assembly: If one-fourth members of the total members demand to hold special general assembly furnishing reasons thereof, the working committee shall have to call special general assembly meeting within 7 days to discuss only the issues mentioned by the members. But if once general assembly or special general is held, special general assembly cannot be held again within six months. 3) In the year of establishment of the organization, the first annual general assembly shall be held with in 2 months of the end of the fiscal year and the annual general assembly thereafter shall be held within two months of end of the every fiscal year. 4) All the members shall be notified 15 days in advance in case of annual general assembly and 7 days in advance in case of special general assembly of the organization-specifying venue of the meeting, date, time and agenda to be discussed. 5) If the general assembly or special general assembly called as per sub-article 4 cannot be held due to not having quorum of the meeting as per Article 18 of this Constitution, another general assembly shall be called giving 7 days time duration. 6) Separate minute books for general assembly and special general assembly shall be maintained.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 7 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT12. Works, duties and rights of the general assembly:Works, duties and rights of the general assembly shall be as per the following: a) Approve the plan, programmes and annual budget submitted by the working committee. b) Discuss and ratify the annual audit report received from the auditor. Discuss about the (irregular) arrear amount found in the audit report. Instruct the working committee to clear the arrear amount, which cannot be regularized by recovering the same. c) Appoint the auditor for the next year d) Give necessary direction to the working committee by evaluating the work progress of the organization and works performed by the organization. e) If the tenure of the office bearers and members of working committee of this organization comes to an end, hold election for the same (position) on the basis of procedure as per this Constitution. f) Approve amendment in Constitution, rules and regulations submitted by working committee g) Confer honorary membership h) Ratify the works and activities done by the working committee for the benefit of the organization with justification. i) Approve the proposal regarding number of personnel, remuneration, allowance and other facilities submitted by working committee as per requirement. The same shall be borne up by the internal source of the organization itself.13. Formation of committee: a) There shall be a working committee comprising of maximum of 15 persons from among the members of general assembly to work as executive mechanism of the platform. For the initial 2 (two) years, the following office bearers and members shall be selected on mutual consensus under the chairmanship of secretary, Ministry of Home Affairs, Government of Nepal. Chairman 1 Vice-chairman 1 Secretary 1 Treasurer 1 Members 11 b) After the tenure of working committee as per sub-article (1) office bearers and members shall be appointed in all the posts of this committee from among the members of the platform through the medium of election. c) The tenure of working committee shall be of two years d) Prior to holding annual general assembly, if the post of any office bearer or member falls vacant, working committee can nominate someone in the vacant post for the remaining period of time. The person thus nominated shall be allowed to work only for the remaining period of time of the elected office bearer or member. e) Chairman shall call the meeting of the working committee as per the need. If 51% of the total number of office bearers of the working committee demands to holdConstitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 8 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT the meeting, the chairman shall have to call the meeting of working committee immediately. f) Working committee meeting shall not be held unless 51% of the total numbers of office bearers of the working committee is present. g) The chairman and vice-chairman shall chair working committee meeting in the absence of the chairman. If both are absent the person selected by the members present in the meeting or senior most member shall chair the meeting. h) Decision of majority shall be accepted in the working committee and in case of equal votes; the chairman shall cast the decisive vote. i) The decision of the working committee meeting shall be written in a separate minute book and all the members present shall have to sign on the same but the members who dissent the decision shall have to sign by assigning reasons. j) All the works supposed to be done by the organization shall be carried out through the decision of the working committee. k) Whatever has been written in the above Articles, if all the office bearers and members consent on written about any work to be done by working committee, such decision shall be incorporated in the minute book and such work can be done without holding a meeting. The above-mentioned consensus shall be considered as the decision of working committee meeting.14. Works, duties and rights of working committee:The following shall be the works, duties and rights of working committee: 1) Play strategic and promotional role with regard to disaster reduction and management. 2) Prepare annual programme of the organization for the coming year and estimate budget and present the same in the general assembly 3) Implement and make others implement the decisions of the general assembly by following the provisions as per this Constitution. 4) Conduct programmes that benefit the organization. 5) Be responsible towards general assembly. 6) Use and utilize available means and resources to the maximum to achieve the objectives of the organization. 7) Make work plan, gather resources, implement, supervise and monitor (programmes) for performing works of the organization. 8) Make someone keep the fund and property of the organization in a safe manner and operate the same by opening a bank account. 9) Make a regulation about the term of condition and facilities of the personnel of the organization and implement the same after getting it endorsed by the general assembly. 10) Form an advisory committee consisting of suitable persons or other committees and sub-committees to fulfill the objective of the organization and allocate works as per the requirement. 11) Play a leading role of the organization.15) Secretariat:An able agency affiliated to the Platform, as a national platform contact unit andmanagement agency shall be given responsibility to work as secretariat. The workingcommittee shall make selection of the secretariat and other arrangement.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 9 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT16) Can abdicate the post:By tendering resignation to the working committee through vice-chairman, chairman cangive up the post. Vice-chairman and other office bearers can do so by tenderingresignation to the chairman.17) Other committees:1) Working committee can form other committees or sub-committees as per the need to conduct works of the organization by being subservient to this Constitution.2) There shall be group of advisors to provide expert suggestion to the working committee. Experts from the concerned fields shall be nominated in this group as per the decision of working committee.3) There shall be various subject-wise technical committees and sub-committees to provide help to carry out works of the general assembly and working committee.4) The work of those committees shall be as specified by the working committee Chapter 5 Works, duties and rights of the office bearers18. Works, duties and rights of the office bearersThe following shall be works, duties and rights of the office bearers. General assembly ofthe organization shall be formed comprising of the members other than the honorarymembers who have received membership as per article 7 of Constitution of thisorganization. Honorary members shall be invitees. General assembly shall the apexbody of the organization.1) Works, duties and rights of the chairman; a) To chair and conduct meeting of the committee and assembly b) To cast decisive vote c) To lead the organization d) To instruct secretary to call meeting as per the need. e) To allocate works to other office bearers and members. f) To approve records.2) Works, duties and rights of the vice-chairman a) To assist the chairman b) To fulfill responsibility assigned by chairman c) To perform chairmans duties in his/her absence3) Works, duties and rights of the secretary: a) To supervise and operate the organizations secretariat b) To call meetings and assembles according to the direction of the chairman. c) To keep the record safely d) To fulfill other duties assigned by the chairman.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 10 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT4) Works, duties and rights of the treasurer: a) To supervise and operate the fund of the organization b) To present annual programme and budget in the general assembly c) To maintain updated account d) To get the annual auditing done regularly5) Works, duties and rights of the members: a) To actively participate in meetings of the committee b) To play constructive role in the works of the organization .19. Quorum:1. No work of the general assembly shall be executed without the presence of 51% (fiftyone) of general members of the total number of members2) However, in case of general assembly called again as per the (percentage)mentioned in Article 11 of the Constitution, the quorum shall not be required. Chapter 6 Financial Provisions20. Fund of the organization:1) The organization shall have its own fund and the below mentioned amount shall bedeposited in that fund: a) Amount collected against the membership. b) Voluntary grants given by any person, amount received as assistance c) Amount received from the sale of immovable and movable assets of the organization or other assets. d) Grants assistance received from Government of Nepal e) Amount received as assistance from foreign organizations, individuals or international organizations. f) Amount received as grant or assistance from local bodies. g) Amount earned by the organization by doing works as per the objectives.2. If financial assistance as well as grant assistance is sought from foreign organizations,the approval from Government of Nepal shall have to be taken according to theprevailing laws.3. Account shall be operated as specified through depositing the amount received by theorganization in local banks or financial institution.21. Operation of account:The bank account of the organization shall be operated through the joint signature(compulsory) of chairperson and treasurer. Arrangement to spend and keeping recordsof expenses shall be made as per the prevailing laws.22. Procedures to spend the fund:Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 11 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFTWhile spending the amount deposited in the organizations fund it shall be spent byadopting the following procedures: a) No amount from the fund could be spent without approving the annual budget, plan and program of the organization. b) Amount from the fund could be spent as per the budget and program approved by general assembly. c) The financial report of the amount spent form the fund shall have to be presented to the general assembly compulsorily. d) While spending the amount of the fund it should be spent as per the prescribed procedures.23) The account and auditing of organization: a) The account of income and expenditure of the organization shall be kept as per the prevailing laws. b) The auditing of the organization shall be done by the registered an auditor as per the prevailing laws. c) If Government of Nepal or local authority wants so, the government itself or authority him/herself or the staff under him/her could check the amount of the organization at any time. d) The auditor shall be appointed by the general assembly. However, prior to the first general assembly the auditor shall be appointed by the working committee. e) A copy of each audit report and annual work progress report of the organization shall be submitted to local authority, DDC, Social Welfare Council and concerned body. Chapter 7 Provisions for election, Vote of no confidence and Constitution amendment24. Provision for election: a) Through the consensus of the working committee an election committee shall be formed consisting of 5 members at the most for the purpose of the election of working committee. b) Being subservient to the prevailing laws, the election committee shall manage the election procedures by itself. c) If any controversy arises with regard to election, the decision of the election committee shall be final d) The election committee shall be automatically dissolved on the next day of holding election.25. Eligibility to be a candidate: The following organizations who are working in disaster areas shall be eligible to be a candidate of the working committee. 1. The ministry, commission, departments of Government of Nepal, central level agencies, public academic institutions. 2. National and international non governmental organizations 3. United Nations and other international agencies.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 12 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT 4. Scientific, academic and research organizations 5. Mass media world 6. Local bodies 7. Community Organizations 8. Industrial and business organizations26 Vote of No-confidence 1. The vote of no confidence shall have to be registered in the organization in written by following procedures and the name/s of the official/s or the member/s against whom the vote of no confidence is registered, shall have to be clearly mentioned. a) It should be written in Nepali language using decent words b) The subject of the proposal should be clear and practical c) The names of at least one-fourth members among the members of general assembly members should be stated along with their names, last name and address 2. Stating clearly the motion of the vote of no confidence registered in the organization according to sub-article (1) and specifying the venue, date and time for the general assembly or special general assembly, all the members and office bearers of the general assembly shall be informed of holding general assembly or special general assembly according to article 11 (4) of the Constitution. 3. Discussion process on the votes of no confidence a) The person presiding over the general assembly shall give permission to present the proposal as per sub-article (1) in general assembly and one among the members who presented the proposal shall present his opinion to the assembly along with the reasons for presenting the vote of no confidence b) After the member in favor of vote of no confidence present his opinion as per sub-article 3 (a), the chairman can give permission to the members who want to express their views about the proposal. c) According to Article (1) the chairman shall allow those office bearers or members against whom the vote of no confidence is registered to have their say to clarify their position. 4. Decision about the vote of no confidence: After the series of presenting ones views about the vote of no confidence is finished, whether or not the majority is in favour of the vote of no confidence, the chairman shall announce the decision for the vote of no confidence by adopting any one of the following procedures: a) Dividing the members into two groups i.e. in support and against the vote of no confidence. b) Having the members of general assembly cast their votes secretly in favour or against the vote of no confidence. c) Majority of 2/3 (two-third) of the total number of members of general assembly shall endorse the vote of no confidence. If such proposal isConstitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 13 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT approved the person/s against whom vote of no confidence is proposed shall be released from the post. d) If it has not been six months that a person is elected or vote of no confidence has been unsuccessful, one cannot register vote of no confidence against such person.27. Amendment of Constitution:Only after the approval two-third general assembly members present, any Article can besent to the Government of Nepal for amendment or dismissal. Only after the approvalfrom the Government of Nepal, any Article of this organization shall be considered asamended or cancelled.28. Can make rule:1) In connection with performing its works, the organization can formulate necessaryrules, which shall be applied after the same have been endorsed by the generalassembly. The local authorities shall be informed of such information.2) Being subservient to the rules formulated in this and under this Constitution, theworking committee can formulate regulations related to staff management and financialadministration to carry out works and implement the objectives of the organization. Suchregulations shall have to be approved by the general Assembly.29. Arrangement of personnel:1) The procedures to be adopted for creation of posts (of staff), remuneration,allowance, other facilities and terms of condition of the staff to carry out day to dayworks, projects and programmes of the organization shall be as specified.2) If the organization receives foreign assistance and is in situation of requiring a foreignadvisor or volunteer in the programmes conducted by the organization. Local Authority,District Development Committee and even the Social Welfare Council shall have to beinformed about the prospective advisors or volunteers work period, service,justification of work, facilities and eligibility30. Cancellation of the organization : a) If the general assembly deems it necessary, it can dissolve the organization by endorsing a special proposal. b) While endorsing the proposal of dissolving the organization according to the Article (1), the general assembly can appoint one or more than one liquidator/s and auditor/s to carry out the works of dissolving the organization. c) The remuneration of the auditor/s and liquidator/s appointed as per the sub- article (2) shall be as specified by the general assembly. d) Thus, due to some reasons if the organization is dissolved, the liabilities of the organization shall be cleared off and all the assets remaining thereafter shall be owned by the Government of Nepal.31. Explanation:The working committee shall have the rights to explain the Constitution and the rulesand regulations formulated under this Constitution.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 14 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFT32. Prohibition in disclosing secrecy:No office bearer or member of this organization shall act against the welfare of theorganization. The office bearers, members of working committee or members of generalassembly shall not be permitted to use uncivilized or obscene words during the meetingor general assembly.33. Conformity with the Act:Anything not mentioned in this Constitution shall be in accordance with the Laws and itshall be automatically inactive to the extent it contradicts the Organization RegistrationAct, Rule and prevailing laws.34. Observation of instruction:The organization shall have the duty to abide by the instruction given from time to timeby the Government of Nepal or Local Authority.35. Ad hoc Committee: a) The ad hoc committee formed to establish and register this organization shall call the general assembly within six months and shall conduct election of new working committee by forming an election committee as per the Constitution and the same shall be notified to the local authority. b) In case, if the first election is not held the works performed by the working committee shall be deemed in consonance with the Constitution36. We the following founder members have consented to work as per thisConstitution and sign and seal on the Constitution in the presence of thefollowing witnesses.Name, surname and address of the Name, surname and country of the witnessfounder member and signature and seal1. Name, surname 8. Name, surnameAddress ………… District…………… Address ………… District……………Municipality MunicipalityV.D.C. Ward No……… Block No. V.D.C. Ward No……… Block No2. Name, surname 9. Name, surnameAddress ………… District…………… Address ………… District……………Municipality MunicipalityV.D.C. Ward No……… Block No. V.D.C. Ward No……… Block No3 Name, surname 10. Name, surnameAddress ………… District…………… Address ………… District……………Municipality MunicipalityV.D.C. Ward No……… Block No. V.D.C. Ward No……… Block No4. Name, surname 11. Name, surnameAddress ………… District…………… Address ………… District……………Municipality MunicipalityConstitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 15 of 16
  • UNOFFICIAL TRANSLATION FINAL DRAFTV.D.C. Ward No……… Block No. V.D.C. Ward No……… Block No5. Name, surname 12. Name, surnameAddress ………… District…………… Address ………… District……………Municipality MunicipalityV.D.C. Ward No……… Block No. V.D.C. Ward No……… Block No6. Name, surname 13. Name, surnameAddress ………… District…………… Address ………… District……………Municipality MunicipalityV.D.C. Ward No……… Block No. V.D.C. Ward No……… Block No7. Name, surname 14. Name, surnameAddress ………… District…………… Address ………… District……………Municipality MunicipalityV.D.C. Ward No……… Block No. V.D.C. Ward No……… Block No15. Name, surnameAddress ………… District……………MunicipalityV.D.C. Ward No……… Block No++++++++++++++++++++++++++++++++++ Annex 1 Seal and symbol of the organizationMention the description of seal and symbol of the organization such as shape, kinds andother description.++++++++++++++++++++++++++National Platform on Disaster Risk Reduction Committee (ad hoc) shall be comprised ofchairman, vice-chairman, secretary, treasurer and 11 members.Constitution of National Plaform on DRR_eng FINAL DRAFT.doc Page 16 of 16