Sahara Welfare Foundation {By Laws } 1. That the name of the NGO shall be "Sahara Welfare Foundation, District Malakand Khyber Pakhtunkhwa , Pakistan.
2. That the registered office of the NGO shall be situated at Tehsil Dargai, District Malakand Khyber Pakhtunkhwa Pakistan.
3. That there shall be Board of Directors consisting of 10 persons which shall be the sovereign body of the NGO and all the office bearers shall be out of the members of the Board.
4. That a person possessing extra ordinary proficiency in his field and devoted and dedicated to the aims and objects of the NGO may be eligible to the membership of the Board of Directors.
5. That the Board shall be the body competent to fill in by election/Selection any vacancy in its ranks and may constitute sub committees, committee or project to assign certain duties time by time.
6. That in case the office of the Head of Mission and Deputy Head of Mission become vacant by demise or any other cause or reason whatsoever, a new Head of Mission or Deputy Head of Mission as the case may be, will be elected by majority of BOG from amongst themselves to run the business of the Foundation.
7. That in the execution of the NGO and Powers here of no Head of Mission or Deputy Head of Mission shall be liable for any loss to the NGO by reason of any investment made in good faith, or for the negligence or fraud of any agent employed by him or any other Head of Mission hereof or by reason of mistake or commission made in good faith by any person hereby or by reason of any manner except will full and individual fraud or wrong doing on the part of the person who is sought to be make liable.
8. That any/all meetings of the NGO shall be presided over by the Head of Mission or his nominee; and no meeting can be called/held without the prior approval of the Head of Mission.
9. That any person may renounce his office by notifying in writing to the Head of Mission of his intentions to do so.
10. That the number of Board of Directors shall be not less than 10 and if any vacancy arises in the Board of Directors on account of death, incapacity persistent neglect or unwillingness to act, the Head of Mission shall carry on the work of the said Head of Mission till the vacancy is filled.
11. That all the Key-post of the office bearers of the NGO shall have a common seal made of metal which shall be affixed to all format documents executed in relation of the NGO.
12. That the NGO funds shall constitute of the money deposited in the name of the NGO in the bank and the Head of Mission shall also be entitled to accept donations to the NGO in cash or kind from any person persons, individuals, institutions, organizations and Government etc. on such terms and conditions and for all or any one of the objects of the NGO as may be agreed upon between the Head of Mission. All income, rents, profits etc. of the said properties etc. shall also form part of the funds of the NGO.
13. That it is important of mention that the NGO was the fact established and created without formal Foundation Deed; and accordingly some transactions such as purchase of equipment etc. made by the settler of the NGO, the same stand transferred in the name of the NGO. The lease agreement signed by the settler of the NGO is now transferred in the name of the NGO. All these expenses incurred on the said Transactions and the payment of salaries is incorporated in the accounts books. The said Foundation was established and created without formal Foundation Deed on 24-07-2008.
14. That a Head of Mission shall be disqualified in cases such as guilty of serious misconduct or physical/mental incapacitation.
15. That the following rules and regulations shall be followed by the NGO accordingly: (a) That the Chartered Accountant shall audit the accounts of the NGO every year. (b) That the quorum of a meeting of the members of the Board, shall not be less than four or one third of the total number of the members, whichever is greater. (c) That in the event of the dissolution of the NGO there remains after meeting all liabilities, any property whatsoever the same shall e given or transferred to another institution to which approval has also been granted by F.B.R. or by the Provincial Government, and the intimation of such transference would be given to the Board or Federal Government within three months of the dissolution.
(d) That the money property or income or any part there of the NGO shall solely be utilized for promoting the objects of the NGO.
(e) That no portion of NGO money, property or income being paid or transferred directly y way of dividend onus or profit to any of its members or his relative or relatives. (f) That the accounts of the NGO shall be kept in a scheduled bank. (g) That no change can be made in the constitution memorandum or articles of association, rules, regulations, or bye-laws or Foundation deed without the prior approval of the Board or the Federal Govt., as the case may be.
{1}POWERS AND FUNCTIONS OF HEAD OF MISSION That the Head of Mission shall be empowered:
1. To act and represent the NGO in all matters and execute the policy and decisions of the NGO.
2. To appoint from members of the NGO such Sub-Committee(s) for any specific purpose(s) as may be necessary.
3. To have the right of co-opting honorary Member(s) to serve with the sub-committee(s) for specific purpose(s).
4. To prepare schemes, budget and progress reports and be responsible for the maintenance and safe custody of the office records, property, etc . 5. To prepare Annual Report of performance and Audited Accounts of the NGO.
6. To fix the date, time and place for holding Annual General Meeting as and when due.
7. To secure the fulfillment of any contract, or agreement entered into by the NGO by mortgage or charge of all or any of the property of the NGO.
8. To refer any claims or demands by or against the NGO to arbitration and observer and perform the awards.
9. To make and give receipts, releases, and other discharges for money payable to the NGO and for the claims and demands of the NGO.
10. To provide from time to time for the management of the affairs of the NGO and in particular to appoint any person or persons to be attorney or agents of the Foundation with such powers (including power to sub-delegate) and upon such terms as may be thought fit. 11. To make, very or repeal from time to time byelaws for the regulation of the business of the NGO, its officers etc.
12. To borrow money on behalf of and for the purposes of the NGO from individuals, firms, bodies, companies, banks, or other persons by overdraft or otherwise and also upon mortgage or pledge or hypothecation or otherwise on security of all or any of the properties of the NGO at such times and upon such terms as the Head of Mission may in his Desecration, think fit.
13. To enter into all such negotiations and contracts and rescind and very all such contracts and execute and do all such acts, deeds and things in the name and on behalf of the NGO as may be consider expedient for or in relation to any of the matter aforesaid or otherwise for the purpose of the NGO.
14. To do all acts deeds and things reasonable for the realization maintenance, management, protection and promotions of the objects of the NGO, and to frame by-laws, regulations for each institution of the NGO.
15. That all property, movable as well as immovable, belonging to the NGO shall vest in the Chairman who shall administer it for the aims and objectives of the NGO only.
16. That the Head of Mission shall have the power and authority to settle, compromise or compound all and any claims, outstanding accounts, disputes, demands, action, suits and proceedings civil or criminal whatsoever by or against them or any of them or refer the same to the Arbitration.
{2}POWERS AND FUNCTIONS OF DEPUTY HEAD OF MISSION
1. That the Deputy Head of Mission shall be the 2nd Person of the NGO. He shall preside over all the meetings of the Board of Directors. He would adjourn the meeting of the Board of Directors if he considers that the proceedings are disadvantageous to the interest of the NGO.
2. That he shall keep himself informed of all the activities of the NGO.
3. That he shall be empowered to appoint and at his discretion, remove or suspend such managers, secretaries, officers, clerks, agents and servants from permanent, temporary or special services and to determine their powers and duties and fix their salaries.
4. That he shall supervise the working of the NGO, guide and help the office bearers, and Members in discharge of their duties towards the NGO.
5. That the Deputy Head of Mission in empowered to appoint honorary member(s) of Board of Directors whom shall not have the voting power.
6. That the orders and guidance of the Deputy Head of Mission with in the frame work of the powers delegated to him shall be binding on all the Board of Directors and employees of the NGO.
7. That he shall exercise the right of casting vote in any of the meeting of the NGO.
8. That he shall approve the minutes and agenda of all the meetings.
9. That he shall ensure that the constitution is duly carried out in all respects.
10. That the Deputy Head of Mission shall be legally entitled to appoint Head of Mission on such terms and conditions as he may deem fit, who in his absence/demise shall be entitled to exercise all or any of the powers and authorities and discharge all or any of the obligations of the Deputy Head of Mission and shall be responsible for all administration, management, supervision and control of the NGO funds and properties.
11. That he shall be empowered to give award or allow any bonus, pension, gratuity or compensation to any employee of the NGO, or his widow, children or dependents, that may appear to the head of Mission just or proper, whether such employee or his widow, children or dependents have or not a legal claim upon the NGO.
12. That the Deputy Head of Mission shall have power to invest the NGO funds or any part thereof or any other money from time to time or upon such lands, buildings stocks, securities, whatsoever nature or in any other manner as the Head of Mission in his own discretion may deem fit and shall have power to alter, very and transpose such investment of the same or like nature without being liable or responsible for any loss or damage if occasioned thereby.
13. That the Deputy Head of Mission may at any time employ any expert or other professional person and may seek advice from any technical or professional expert on any point arising in connection with Trust as he may deed necessary.
14. That the Deputy Head of Mission will be entitled to pay out from income of the NGO for expenses including cost of the stamp duty incurred / to be incurred in the creation of the Trust or any other expenditure whilst discharging duties and functions.
15. That the Deputy Head of Mission has the power to purchase or otherwise acquire for the NGO, property, rights or privileges which the NGO is authorize to acquire at such price and generally on such terms and conditions as he may think fit.
16. That the Deputy Head of Mission has the power to pay for any property, rights or privileges acquired by or services rendered to the NGO either wholly or partially in cash or otherwise.
17. That the Deputy Head of Mission has the power to give to any person employed by the NGO a commission on sales or purchases or on the profits of any particular business or transaction or a share in the general profits and such commission or share of profits and the same shall be treated as part of the working expenses of the NGO.
18. That the Deputy Head of Mission has the power to set aside such portion of the profits of the NGO as the he may think fit, form a fund to provide for such person, gratuities or compensation, or to create any provident or benefit fund in such manner as the Head of Mission may deem fit.
19. That the Head of Mission has the power to make advances and loans without security or on such security as he may deem proper.
{3}POWER AND FUCTIONS OF ASSISTANT HEAD OF MISSION
That the Assistant Head of Mission shall be empowered to exercise all or any of the powers and discharge all and any of the obligations and functions attached to the office of the Head of Mission on his direction or in his absence or demise. GENERAL SECRETARY: i. That the General Secretary shall act in consultation with the Assistant Head of Mission and be responsible to the Board of Directors for his duties and responsibilities. ii. That he in consultation with the Assistant Head of Mission shall prepare the Agenda, call meetings of the Board of Directors in accordance with the provisions of the constitution, prepare and put minutes of the subsequent meeting for confirmation and maintain them for the execution of all the resolutions and directions of the Board of Directors.
iii. That he shall prepare Annual Report about the work done by the Foundation and submit it in the meeting of the Board of Directors for consideration ad approval and subsequently in the General Meeting, as the case may be. iv. That he shall be responsible for submission of reports, returns and documents as desired by the Registration or any other Authority.
v. That he shall be responsible for office management and records of the Foundation. vi. That he shall verify all the bills, vouchers, etc., and forward them to the Treasurer for scrutiny and payment. That he shall be ex-officio member of all Sub-Committees. vii. That he shall be responsible for safe custody of all the property of the Foundation.
{4}TREASURER:
i. That the treasurer shall maintain Books of Accounts in respect of the Receipts and Payments and all transactions of the NGO. ii. That he shall be responsible for the finances of the NGO. iii. That he shall deposit all the receipts in the Bank account of the NGO duly approved by the Board of Directors. iv. That he shall be responsible for proper auditing of the NGO's account by an Auditor duly appointed by the Board of Directors. v. That he shall put up the annual audited report about income expenditure in the General Meeting and get it approved. vi. That he shall receive and collect all donations, grants, aid, subscriptions, dues and other payments on behalf of the NGO and will issue proper receipts thereof. vii. That he shall maintain accounts of the Foundation in proper registers and present monthly statement of income & expenditure in the meeting of the Board of Directors. viii. That he shall get the accounts examined by the Head of Mission and General Secretary quarterly and put up the quarterly report of the accounts and statements and shall suggest the means of increasing the sources of the incomes of the NGO.
{5}MEMBERSHIP A. ELIGIBLITY FOR MEMBERSHIP
Any person having the following qualification shall be eligible for membership of the Foundation: - i. Who is major and of sound mind. ii. Who is interested in the activities of the NGO? iii. Who has reputable character? iv. Who agrees to abide by the constitution and bylaws of the NGO?
B. CATEGORIES OF MEMBERSHIP:
i. Regular Member: Any person whose application for membership is approved by the Board of Directors is may become regular Member of the NGO. ii. Honorary Member: The Board of Directors of the NGO may nominate any person who has rendered eminent service to the cause of humanity and social development as honorary Member. iii. Co-opted Member: The Board of Directors may select any person as co-opted Member for special purpose(s).
C. PROCEDURE OF ADMISSION OF MEMBERSHIP:
i. Regular Member: Person having qualification as lay down herein before and desirous to become regular Member, shall apply on prescribed form of the NGO to the Board of Directors, which shall have the power to accept or reject any such application. ii. Honorary or Co-opted Member: The Board of Directors of the NGO shall nominate Honorary or Co-opted Member.
D. PROCEDURE OF REJECTION:
Persons whose applications for membership are rejected by the Board of Directors can apply again after lapse of one year. E. RIGHTS & PRIVILEGES OF MEMBERS: i. Regular Members shall have the right to vote, seek election and take part in the meetings / functions of the NGO. ii. Honorary or Co-opted Member shall not have right to vote or hold office but can participate in the meetings and functions of the NGO.
F. PROCEDURE OF SUSPENSION CANCELLATION AND RESIGNATION OF MEMBERSHIIP:
Membership may be suspended or cancelled on one or more of the following grounds: - i. Any Member who fails to attend the meeting of Board of Directors without prior intimation and justification consecutively three times shall be suspended to be a Member. ii. If the conduct of any Member is deemed by the Board of Directors to be prejudicial to the interest of the NGO his membership shall be cancelled according to the following procedure:
a. The Board of Directors during which he shall submit a written explanation of his conduct shall give him a notice of at least 7 days. b. In the event of his explanation being found unsatisfactory the Board of Directors may either administer a warning or may ask the Member to resign his membership from the Trust forthwith. c. In the event of the said Member refusing to resign, when ask to do so, the Board of Directors in a special meeting may decide the case finally with 2/3 majority of the total strength of the Board of Directors. iii. Any Member may on his own record withdraw membership by sending his resignation in writing to the general secretary. iv. The Board of Directors may cancel membership of any Member who becomes incapable to perform his duties. MEETING OF DIRECTORS} V) That all meetings of the NGO shall stand adjourned for seven days if within an hour of the appointed time quorum is not formed. ii) That no fresh notice shall be needed for an adjourned meeting and shall be held on the same day, time and place.
A. ANNUAL GENERAL MEETING: 1. MEETING:
That the Annual General Meeting of the NGO shall be held within three months of the expiry of the every calendar year to transact the following business:- i) Approval of Annual accounts of the NGO ii) General performance of the NGO of the year ended iii) Matters referred to the Board of Directors iv) Any other matter permitted by the Chair.
2. NOTICE: That the Annual General Meeting shall be called after giving 21 days written notice under postal certificates.
3. QUORUM: That one third of the total members of the NGO shall constitute the quorum at the annual general meeting or any other meeting of the Board of Directors.
B. SPECIAL OR EMERGENCY MEETING OF BOARD OF DIRECTORS: 3. MEETING:
That the special or emergency meeting of the Board of Directors may be called by the Head of Mission at any time and place.
4. NOTICE: That the special or emergency meeting of the board of Directors will require a notice of at least 24 hours.
5. QUORUM: That the third of the total members of the NGO shell constitute the quorum at the special or emergency meeting of the Board of Directors.
TERMS OF OFFICE That the terms of office shell be for a period of five years for all the office bearers. After the expiry of five years the same office bearers can be re-elected or new office bearers may be elected out of the members of the Board of Directors. The Chairman shall hold his office for the lifetime. ELECTIONS i) An election committee consisting of three members including its chairman shall be selected by the Board of Directors at the special meeting to arrange and conduct elections of the office bearers at least 30 days before the elections. ii) The members of the election committee shall not be entitled to seek election for any post in the Board of Directors. iii) The election will be held by secret ballot or by show of hands and each member shall have one vote. iv) The nomination papers of candidates bearing signatures of the proposer and seconder who are bonfire members shell be submitted to the chairman of election committee one month before the election date. v) The first election of the NGO shell be held by the founder members and the above procedure shell not be applicable for the first election.
FINANCIAL ADMINISTRATION { i) FINANCIAL YEAR: That the financial year of the NGO shall start from 1st day of July to 30th day of June each year. That proper applications shall be moved before the central board of revenue/ Income Tax authorities / KPRA authority, seeking relief/ exemption of the certain provisions of the Income Tax ordinance, 1979 and such other laws as may for the time being be in force, in respect of collection of donations / contributions / profits / Incomes / gains for purposes of exemptions of revenues of the Foundation.
ii) BANK ACCOUNT: That the funds of the NGO shall be kept in any one or more scheduled bank. That the bank account shall be operated jointly by the Chairman or her/his nominee and the treasurer or any other person nominated by the Board of Directors.
iii) APPOINTMENT OF AUDITORS: . That the accounts of the NGO shall be audited by the chartered accountants appointed by the Board of Directors.
iv) UTILISATION OF INCOME: . That the income of the NGO whenever derived shell be applied solely towards the promotion of the objects of the NGO. FUNDS That the funds of the NGO may be generated by any one or more of the following ways:- a) By donations b) By membership fee (if any) c) By admission fee d) By subscription e) By tuition fee f) By contribution towards any scheme to be started by the NGO g) By carrying on business h) By obtaining loan i) By any other means or ways legally permissible and decided by the Members of the Board of Directors.
AMENMENTS IN THE NGO DEED That no addition, alternation or amendment shall be made to or in provisions or regulations contained in the memorandum or articles of the NGO for the time being in force unless the same shall have been previously submitted to and approved by the regional commissioner of Income Tax or KPRA relevant authority. .That the amendment in the Foundation Deed shall be made in a special meeting of the Board of Directors called for this purpose.
DISSOLUTION OF THE NGO . Notwithstanding what is stated herein before, if upon the winding up or dissolution of the NGO there remains, after the satisfaction of all debts and liabilities, any property whatsoever, the same shall be given or transferred to some society or organization or societies or organizations having objects similar to the NGO and which prohibit the distribution of its or their income among its or their members and duly approved by the regional commissioner of Income Tax or KPRA relevant authorities and intimation of such transference shall be given to the authorities within three months of the dissolution.
