Constitution
1997

Chapters 1 2 3 4 5 6 7 8

Preamble:

Nepal Internet User’s Group has been established (formed) to give a common forum to both new and experienced users of the Internet in which to share ideas, experiences, technology, discuss common issues, and help each other to gain better understanding of the Internet and its related fields.

Chapter - 1

Preliminaries

1. Short title and commencement

a)This Constitution shall be named the Constitution of the Nepal Internet Users Group 1997. It shall be referred to in these articles as NIUG.

b)This Constitution shall be applicable to any member of NIUG, wherever he/she may reside.

c)This Constitution shall come into force from the date of its registration with the
concerned department of His Majesty’s Government.

2. Definitions

In this Constitution, unless the Constitution otherwise requires:

a. “Nepal IUG” means “Nepal Internet Users Group”.

b. “Member” means the general member of NIUG as per article 8 c. “Founder Member” means those members who have contributed significantly and have been instrumental in establishing NIUG, as decided by the Management Committee.

d. “Honorary Member” means any person who has been awarded honorary membership as per Article 8 of the Constitution.

e. “Life Member” means that person who obtains life membership as per Article 8 of this Constitution.

f. “Office Bearers” means those elected from among the members to provide policy guidance to NIUG. This includes President, Vice President, General Secretary, Treasurer, Joint-Secretary and the Executive Members.

“Management Committee Members” mean those elected to the Management Committee by the General Assembly.

“General Assembly” means the General Assembly of NIUG.

i. “Special General Assembly” means the Special General Assembly of NIUG.

j. “Committee” means the Management Committee consisting of the Office Bearers.

k. “Subcommittee” means the Subcommittee formed for any special purpose.

l. “Advisory Committee” means the Advisory Committee of NIUG as per Article 30.

3. Seal of Nepal IUG

NIUG shall have a separate seal in which Nepal Internet Users Group shall be written.

4. Office of Nepal IUG:      

The office of Nepal IUG is presently located at Tej Bhawan, Lazimpat, Kathmandu and is subject to change, as decided by the Management Committee. It shall establish branch offices at any place in the Kingdom of Nepal as required

Chapter - 2

Objectives and Strategy

5. Objectives of NIUG: The main objective of NIUG shall be:

a. To help people seek and obtain advice on the Internet, Communication Networking, Information Technology and Computer Assistance.

b. To act as watchdog in the areas of Internet Policy, Communication Policy, Internet Users rights, Service Provider’s Policy and Service Prices.

c. Educate the people/IT users about the utilization, importance and the benefit of the Internet, Electronic Mail and the Networked Communication and share new technology news, experiences and such information within the members.

d. To advise His Majesty’s Government on the Internet, Communications and such other services regarding policy making.

e. Promote and organize educational programs such as seminars, training, talk programs, shows and to work with other national and international user groups or organizations.

Strategy of Nepal IUG:

NIUG shall be an organization with perpetual existence and succession. NIUG shall have the right to purchase, use and dispose of any moveable and immovable property. NIUG has the right to sue and to be sued in its own name. In order to attain the objectives mentioned in Article 5 of this Constitution NIUG shall conduct the following activities:

<a. To provide service in matters of Internet, Communication Infrastructure Planning, Networking.

b. To provide training in relevant fields.

c. To provide free technical aid and advice to underprivileged people of Nepal.

d. To work in collaboration with national and international and government and non- government organizations for the best interest of NIUG.

e. To accept grants and donations in order to conduct the relevant and ancillary activities to attain the objectives and strategy of NIUG

Chapter - 3

Membership: Any individual or organization with a valid e-mail address is eligible for membership after paying the necessary fees and dues.

8. Types of membership:

a. Founder Member: Any general member as defined in 2 c.

b. General member: Any person who has fulfilled the criteria as mentioned in Chapter 6 shall be a general member.

c. Life member: Any general member , subject to the approval of the Management Committee, who contributes a life membership fee as stipulated by the MC.

Honorary member: NIUG may award honorary membership to any Nepalese citizen or foreigner who is renowned at the national and/or international level. Honorary member shall have no voting right.

Corporate Member: Any legal entity registered in Nepal , subject to the approval of the Management Committee, which contributes a corporate membership fees stipulated by the MC. Corporate Member shall have no voting right.

9. Procedure for awarding membership

a. The majority of the Management Committee may award general membership, corporate membership and life membership on the receipt of a written application from the interested person or organization. Written application shall not be required in the case of honorary members.

<b. The membership shall be effective till the end of the Nepalese fiscal year. Every member shall renew membership every year by paying the prescribed membership fee.

c. All fees applicable to all types of members shall be as decided by the Management Committee, and subject to change.

10. Cessation of membership

The membership shall come to an end under the following circumstances:

a. If written resignation is submitted to the Management Committee.

b. If the fee or other dues payable to NIUG is not paid as prescribed.

c. If a report recommending termination of membership on disciplinary ground by Management Committee is approved by the majority of Annual or Special General Assembly meeting.

d. Any member convicted by a court in a criminal case amounting to moral turpitude.

- If the organization ceases to exist.

- If the member has no access to e-mail.

11. Register of membership

The Group shall maintain a register of membership which shall specify member’s name, address, date of obtaining membership, fees paid by the members and similar other details. This register can be inspected by all the members during office hours of NIUG

Chapter - 4

Government

The Government of NIUG shall be divided into two functions:

• the policy making or legislative function, and
• the executive function

Legislation and general policies carried out by NIUG shall be established by the members either at the Annual General Assembly or at a Special General Assembly.

The carrying out of all policy decisions reached by the general membership shall be the duty of the Management Committee.

The carrying out of all day-today business of NIUG shall be the duty of the Management Committee.

Governing Body:

There shall be eleven member management Committee consisting of a President, Vice-president, General Secretary, Joint Secretary, two members nominated by the President, and four additional members.

In case of vacancy of office of any office bearer, the Management Committee may fulfill the vacancy from among the members.

16. Cessation of responsibility of members of the Management Committee:

The membership to the Management Committee shall come to an end under the following circumstances:

a. Resignation is tendered by the member.

b. If any unauthorized work is done by the member.

c. If the member is absent in three consecutive meetings of the management committee without giving reasonable notice to the management committee.

d. If the member ceases to be a general member of NIUG: and

e. If a vote of no confidence is passed against a member.

 

17. Meetings of the Management Committee:

The Management Committee shall meet as follows:

a. The Management Committee shall compulsorily meet once a month. At least twelve such meetings shall be convened every year.

b. President of the Committee shall preside over the meetings of the Management Committee. In the absence of the President, the Vice -President shall preside over the meeting of the Committee.

c. The President may convene the meeting of the Committee as per need.

d. The requisite quorum of the Management Committee shall be fifty percent of the total number of the members of the committee.

e. The decision of the Management Committee shall be taken on the basis of the majority. In case there is a tie, the President shall cast the decisive vote.

18. Powers and function of the Management Committee :

The powers and functions of the Management Committee are:

a. To carry out the assignments as resolved by the General or Special Annual Assembly.

b. To undertake various activities in consonance with the objectives of NIUG, represent NIUG and operate fund of NIUG.

c. To constitute sub committees as and when required to improve efficiency.

d. To undertake various activities and exercise powers as required and conferred by the different Articles of this Constitution.

e. To open bank account and operate them.

f. To appoint employees, and experts for carrying out the activities of NIUG and terminate, as required and determine the conditions of service.

g. To delegate some of its powers and functions to any Sub Committee, member or employee of NIUG.

h. To submit annual report to the General Assembly of the activities undertaken and accomplishments made by the Management Committee; and

i. To undertake any other activities which are ancillary to the objectives and strategies of NIUG

Chapter - 5

General Assembly

16. General Assembly :

The meetings of all the general members of NIUG shall be deemed General Assembly. The kinds of General Assembly are as follows:

a. Annual General Assembly

b. Special General Assembly 

17. Annual General Assembly :

The Annual General Assembly shall be held once in a year. The procedures relating to General Assembly shall be as follows:

a. The Management Committee shall deliver notice to all general members twenty one days prior to the Annual General Assembly specifying the venue, date and time of the Annual General Assembly.

b. The Management Committee shall provide the agenda of the General Assembly along with the notice to be sent under Article 17 ( a ).

c. President of the Management Committee shall preside over the General Assembly. 

18. Special General Assembly :

a. If the majority of the Management Committee decides to have policy decision from the General Assembly on every issue, it may convene a Special General Assembly. Procedures relating to Annual General Assembly shall be followed while convening Special General Assembly.

b. The Management Committee shall convene a Special General Assembly on receiving a written application from one thirds of the total number of general members requesting for convening Special General Assembly.

19. Group Meetings:

Monthly meeting of all members or special user group members will be held to keep informed about the activities, development and plans of NIUG and to discuss the specific subject matters. The procedures relating to Group Meetings shall be as follows:

a. The Management Committee shall deliver notice to all general members 1 week prior to Group Meeting specifying the venue, date and time of the Meeting.

b. The Management Committee shall provide the agenda of the meeting along with the notice to be sent under Article 19 (a).

c. President of the Management Committee or Coordinator of NIUG shall preside over the Meeting.

20. Powers and Functions of the General Assembly:

The powers and functions of Annual and Special General Assembly are:

a. To elect the members of the Management Committee.

b. To discuss, amend, reject or pass the annual report submitted by the Management Committee.

c. To approve regular and special programs for the coming year, provide policies and directives to the Management Committee and undertake any other activities in relation to policy formulation.

d. To discuss and approve the balanced sheet; discuss, amend and approve the budget for the coming year; and appoint and fix the remuneration of the auditor;

e. The requisite quorum of the General Assembly shall be 51 percent of the total general members of NIUG. If there is no requisite quorum in the General or Special Assembly another General Assembly shall be convened on the eleventh day of that General Assembly . In such situation the requisite quorum shall be 25 percent of the total general members.

f. The General Assembly shall have all the residuary powers.

Chapter - 6

Powers and Functions of the members

20. Powers and Functions of the members:

In addition to the powers and functions assigned by the General Assembly, the powers and functions of the members of the committee are as follows:

a. President:

(1) Work as chief executive of NIUG for fulfillment of objectives of NIUG, manage day to day activities of the Group effectively and issue directives for the same.

b. Vice President:

The Vice President shall have the right to carry out all the powers and functions of the president during his absence and to assist the president in his functions during his presence.

c. General Secretary:

(1) To convene the General or Special Assembly Meeting pursuant to the resolution of the Committee.

(2) To convene the meeting of the Committee as directed by the President or as required.

(3) To make correspondence, maintain documents as per the policy resolution and the Constitution of the Group.

(4) To control and supervise the performance of the employees of NIUG.

(5) To carry out other necessary activities, as directed or with due permission from the president considering the interest of NIUG.

d. Joint Secretary:

The Joint Secretary shall have the following powers and functions:

(1) To assist general secretary in carrying out his/her work.

(2) To carry out all the powers and functions of the General Secretary in his/her absence.

e. Treasurer:

The Treasurer shall have the following powers and functions:

(1) To collect the fund for NIUG, keep or arrange to keep and maintain the statements of accounts, and to show if any authorized person or member of the management committee wants to see it.

(2) To prepare the annual budget of NIUG and submit it in the Annual General Meeting through Management Committee.

(3) To get the statement of account of NIUG audited once a year from the auditor appointed by the Annual General Assembly.

Chapter - 7

Fund and Accounts

21. Fund of Nepal IUG:

There shall be a separate fund of NIUG. The following amounts shall be deposited in the Fund:

a. Fee received from the members.

b. Charity and donations received from His Majesty’s Government, other organizations and individuals.

22. Financial Sources of NIUG:

The following shall be the financial sources of NIUG :

a. Prescribed membership fee.

b. Donations received by NIUG.

c. Interest and dividend received from the surplus and investments made from surplus of NIUG.

23. Operation of the Fund:

The fund of Nepal IUG shall be deposited in a bank and shall be operated as prescribed.

24. Property of NIUG:

All moveable or immovable properties whether purchased by NIUG or received by Nepal IUG in donation shall be the property of NIUG.

25. Audit:

NIUG shall maintain its books of account in a prescribed format. These accounts shall be audited by the registered auditor appointed by the General Assembly.

NIUG shall present the audited Balanced Sheet and financial statements before the General Assembly and shall also submit them to the District Administration Office every year.

Chapter - 8

Miscellaneous

26. Documents of NIUG:

All documents and accounts book shall be kept at the registered office of NIUG.

27. Information to be sent:

All correspondences to NIUG must be made to the registered office of NIUG. Nepal IUG shall send all information to its general members regularly at the mailing address of the members.

28. Framing of Regulation:

The Committee may frame and enforce regulations for the internal management of NIUG, in accordance with the Organizations Registration Act 1977 and regulations under the Act and this Constitution.

29. Amendment of the Constitution:

If this Constitution needs to be amended, a proposal to this effect is to be tabled to the General Assembly, and it must be adopted by two thirds majority of he Assembly. The amendment to the Constitution will come in to effect only after it is approved by the Local Authority in accordance with the Organizations Registration Act, 1977.

30. Advisory Council:

The Committee shall appoint a five member Advisory Council with representations from various academic disciplines. The Council shall have a tenure of two years. The duty of the Council shall be to attend the meeting of the Committee and provide advises in the best interest of NIUG.

31. Elections:

The election of the Committee shall be held during the first week of January in every two years. This Article shall be effective only after NIUG is fully institutionalized.

32. Dissolution:

In the event of NIUG becoming unable to perform its duties, it shall be dissolved. In that event, the entire property of NIUG shall be transferred to the concerned department of His Majesty’s Government.

33. Institutional membership:

NIUG can provide membership to the various national and international institutions having similar objectives and it can also obtain membership of any such institutions which have similar objectives.

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