MEMORANDUM OF ASSOCIATION OF -------------------- ECO-TOURISM SOCIETY
1.
The name of the Society will be the
---------------------- Eco-tourism Society.
2.
The registered office of the Society shall be as per the following
address:
3.
The area of operation of the Society shall be the State of Himachal
Pradesh, with specific interest in the districts of-------------------.
4.
The society has been set up with the primary objective to promote and
manage eco-tourism activities in the area of operation to get optimum economic
returns to the local people in an environmentally and culturally sustainable
way.
The
society shall, for this purpose, retain the revenue receipts generated out of
those government assets in its area of operation, the use of which has been
allowed to the society, and utilize the same to fulfil the objectives of the
society.
And
in furtherance of the above primary objective:
a)
To create awareness amongst the local people about the potential of
eco-tourism in the area and its intimate linkages with conservation of natural
resources.
b)
To build capacity of the local people and concerned government officials
in managing eco-tourism in their area.
c)
To identify eco-trails and eco-parks in the area of operation and develop
infrastructural facilities along these trails for such tourism.
d)
To manage the infrastructure developed by the society and/ or taken over
by the society from other organisations under MoU, if any.
e)
To develop and enforce protocols to minimize the negative impacts of
traditional tourism on ecology and social fabric of the area.
f)
To set up nature interpretation centres and to develop educational
material/ displays for benefit of tourists.
g)
To develop ways and means to attract responsible nature and adventure
tourists to the identified and developed eco-trails and eco-parks.
h)
To promote cooperatives amongst local artisans for production and sale of
handicrafts/ cottage level produce to get better returns to them.
i)
To set up branches of the society for the said purposes at such places as
may be decided by the Governing Body of the society from time to time.
j)
To assist or take assistance from and collaborate with other institutions
with similar activities in India or elsewhere.
k)
To keep close liaison with State level Eco-tourism Advisory Committee set
up in the State Forest Department and work under its broad policy guidelines on
the subject.
l)
To engage persons for the purpose of the society.
m)
To carry out all activities keeping in view various provisions of related
Acts, Rules, regulations and guidelines issued by the government from time to
time.
n)
To do all other lawful things as may be incidental or conducive to the
attainment of the above objects.
The names and addresses, designations and occupations
of the members of the first Governing Body, who shall hold office till a
Governing Body is duly constituted under the Bye-laws of the Society are as
under: -
|
S.No. |
Name |
Designation |
Education |
Address |
Age |
Signature |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signed in the presence of
-------------------------------- .
Signatures & seal of the witness.
The following persons subscribe their names in the
above Memorandum of Association and are willing to join the Society under the
Societies Registration Act,1860.
|
S.No. |
Name |
Occupation |
Education |
Address |
Age |
Signature |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signed
in the presence of …witness of the signatures with seal.
RULES AND
REGULATIONS OF THE SOCIETY
"……………..ECO-TOURISM
SOCIETY"
SHORT TITLE
1.
These Rules and Regulations may be called the Rules and Regulations of
the --------------------------------Eco-tourism Society (hereinafter called the
“Rules”).
INTERPRETATION
2.
Unless it is inconsistent with the subject or context:
- the “Society” means the -------------------------------------Eco-tourism Society.
- ‘In writing' means including printing, lithography and typewriting.
- ‘Year' means the period commencing from the 1st April and ending with the 31st March of the Calendar year.
-
‘Month' means Calendar month.
PATRONS
3.
Secretary (Forests) to the Government of Himachal Pradesh and Principal
Chief Conservator of Forests, Himachal Pradesh shall be the ex-officio patrons
of the society.
MEMBERS
4.
For the purpose of registration of the Society, the number of members is
declared to be seven, but the Society may at any time increase the number.
5.
There shall be following classes of Members of the Society;
-
Official
Members. They shall include Officers of the State Forest Department
and the other related government departments/ corporations.
-
Non-official
Members. They shall be from amongst representatives of local panchayat,
local NGO/ VO engaged in rural development and representatives of local artisans
body, local mahila mandal, local youth club, hoteliers association and any other
association engaged in /or interested in promoting eco-tourism in the area.
6.
Subject to the provisions of the Rule 7, non-official member shall be
eligible for admission to the society, if he/ she is:-
i)
over 18 years of age and of sound mind;
ii)
ordinarily resident in the area of operation of the society;
iii)
of good character;
iv)
interested in furthering the cause of the society.
7.
No individual shall be eligible for admission as non-official member of
the society, if:-
i)
he/ she has applied for bankruptcy; or
ii)
he/ she has been declared as an insolvant; or
iii)
he/ she has been sentenced for any offence involving dishonesty or moral
turpitude within 5 years preceding the date of his application for admission as
a member.
ORGANIZATIONAL STRUCTURE
8.
The Society shall have two tiered structure as under:
i)
Governing Board
ii)
Executive Committee
GOVERNING BOARD
9.
The Governing Board shall consist of the following nine members,
including the Chairman and the Member Secretary:
A]
Official Members:
i)
Conservator of Forests
:
Chairman
ii)
Executive Secretary :
Divisional Forest Officer
iii)
Member
: Representative
of Secretary Finance
iv)
Member
: Representative
of MD, HPTDC
v)
Member
: Representative
of Dist. Admn./ SADA
B]
Non-official Members:
vi)
Member
: Representative
of local panchayat
vii)
Members (3)
: Three
from amongst representatives of
local NGO, Mahila Mandal, Youth Club, Temple Trusts, Tour Operators,
Hotelier’s association etc.
Executive Secretary of the Governing
Board shall also be the ex-officio Director of the Executive Committee.
The Governing Board shall be
empowered to co-opt a maximum of two members to act as experts on the subject,
if required.
10.
Whereas, all the official members shall be ex-officio members of the
Governing Board, all the non-official members shall normally hold office for a
period of one year from the date of their nomination to the Governing Board.
11.
Any of the non-official members who fail to attend three consecutive
meetings of the Governing Board without proper cause shall cease to be a member
thereof.
12.
The Chairman shall preside over the meeting of the Governing Board.
In his absence, the members present shall elect a Chairman for the
meeting.
13.
Two third members of the Governing Board present in person shall
constitute the quorum at any meeting of Governing Board.
14.
Not less then fifteen clear days notice of every meeting of the Governing
Board shall be given to each member at his address.
15.
The Governing Board shall meet at least four times every year.
16. Each member of the Governing Board, except the co-opted members if any, including the Chairman shall have one vote and majority decision shall prevail. In case of equality of votes on any question, the Chairman shall have the casting vote .
17.
Any of the non-official members may be removed from the Society by
resolution of the Governing Board passed by a majority of at least 3/4 of the
members present and voting at the special meeting of the Governing Board, of
which no less than 21 days previous notice shall be given to the member whose
removal is in question and to all members of the Governing Board. Such notice shall include a copy of the proposed resolution
for removal of the member. However,
the member against whom the action is envisaged will not be entitled to vote .
18.
The Governing Board shall carry out the following functions:
i)
To carry out the objectives of the Society as set forth in the Memorandum
of Association of the Society.
ii)
To manage the affairs and funds of the Society and exercise all powers of
the Society in accordance with rules of the society.
iii)
To approve the annual profit and loss account and audited balance-sheet
of the society.
iv)
To look for other avenues to raise funds for the society and to accept
grants or financial aid from the Government and donations from other public
bodies, corporations, companies or persons, national or international, for the
purposes of the society on such conditions as may be agreed to.
v)
To borrow or raise funds that may be required by the society on such
terms and conditions as may be deemed advisable.
vi)
To prescribe rates/ fees for the services provided to the eco-tourists
including those on account of government assets, the use of which has been
allowed to the society.
vii)
To approve the work programme and list of activities submitted by the
Executive Committee of the society and periodically monitor the same.
viii)
To acquire for the Society any assets, moveable or immovable, on such
terms and conditions, as it deems fit, including by way of purchase or entering
into agreements (MoUs) for this purpose. Chairman
of the Governing Board shall be authorized signatory for this purpose.
ix)
To enter into and secure the fulfillment of any contracts/ engagements on
behalf of the Society and to institute/ defend/ compound or abandon any legal
proceedings by or against the Society and to refer any matters, claims or
demands to arbitration and observe and perform the Awards.
x)
To set up, constitute and organize local branches of the society in such
a manner and on such terms as may be considered necessary in the interest of the
society.
xi)
To engage such persons as may be necessary to carry out the objects of
the Society and to pay them such remunerations as may be considered expedient.
xii)
To construct, erect, alter, improve and maintain any of its buildings and
to manage, develop, sell, mortgage, all or part of society’s assets for cash
or any other consideration to promote the objects of the Society.
xiii)
To suggest and take up matter for exchange/ or acquiring of animals/
birds to and from other zoos in the country or abroad for the zoos falling in
the area of operation, if any, subject to the guidelines/ directions of the
government from time to time.
19.
The Governing Board shall constitute an Executive Committee and delegate
to it such powers and functions, as it considers fit.
20.
All business discussed or decided at a meeting of the Governing Board
shall be recorded in a proceeding book,
which shall be signed by the chairman of the meeting and all members present.
EXECUTIVE
COMMITTEE
21.
The Governing Board shall constitute an Executive Committee for day to
day functioning of the society.
22.
The Executive Committee shall comprise of the following five members:
i) Divisional Forest Officer : Director
ii) Assistant Conservator of Forests/
Range Forest Officer : Member
iii) Representative of local panchayat : Member
iv) Nominee of the Director : Member
v) Range Forest Officer/ Dy. Ranger : Member Secretary
The Director of
the Executive Committee shall also be the Executive Secretary of the Governing
Board.
23. The Executive Committee shall be responsible for:
a) Implementation of decisions taken by the Governing Board.
b) Preparing proposals for activities to be taken up by the society, submitting the same to the Governing Board for approval and effectively carrying out approved activities.
c) Developing publicity and nature education material for the eco-tourists.
d) Maintenance of the assets, both moveable and immovable, of the society.
e) Capacity building of members of the society by organizing appropriate training programmes for them in different disciplines viz. cooperative management, catering, guides, guest house management, porters, management of interpretation centres, nature park (zoo) management etc.
f)
Maintenance of records related to the assets of the society and
preparation of monthly cash accounts, periodical reports for the Governing
Board, annual balance sheet etc.
24.
The Executive Committee shall meet at least once every month to take
stock of the progress of various works.
25.
It shall keep record of all such meetings in the prescribed format and
send minutes of these meetings to the Governing Board.
FUNDS OF THE SOCIETY
26.
The society shall raise funds as follows:
i)
Retention of revenue generated out of government assets in its area of
operation, the use of which has been allowed to the society.
ii)
Revenue generated by the society out of its own assets, its activities
and investments.
iii)
Grants made by the Government and donations and contributions from other
sources.
iv)
Loans from financial institutions.
v)
Project based funding from national/ international donor agencies.
27.
The Society shall maintain proper accounts and other relevant records and
papers and prepare an annual statement of accounts in such from as may be
prescribed by the chartered Accountant. The accounts of the society shall be
audited annually by a charted Accountant and any expenditure incurred in
connection with the audit of accounts of the Society shall be payable by the
Society.
ACCOUNTS AND AUDIT
28.
The society shall maintain such account and other records connected with
accounts in such form or manner as may be directed by the authority competent to
do so under the Co-operative Societies Act.
29.
The society shall prepare and submit returns and statements as the
Registrar may from time to time specify.
30.
Accounts of the society shall be audited annually by Chartered
Accountants. The Executive
Committee shall record its observations on the audited accounts and forward
these to the Governing Board for ratification.
ANNAUL REPORT
31.
Draft Annual Report on the working of the society shall be prepared by
the Executive Committee, and shall be placed before the Governing Board for
consideration and approval. Copies
of the approved Annual Plan shall be supplied to the members of the Society and
other concerned.
MISCELLANEOUS
32.
No addition, alteration or amendment shall be made to the Rules and
Regulations of the Society in force, expect by a resolutions passed at a meeting
of the Governing Body by a two third majority of the members present.
33.
The society may, in the circumstances specified under the relevant
provisions of the Co-operative Societies Act, 1860, be wound up and cancelled by
the Registrar in accordance with the procedure laid down by such an Act and the
rules framed thereunder.
34.
In case the Society is wound up or dissolved, the government assets taken
over by the Society under MoU, shall revert to the concerned departments and any
other assets, if remaining after clearing of all debts and liabilities, shall be
vested in the Government.
35.
All provisions of the Societies Registration Act, 1860 shall apply to the
------------------Eco-tourism Society.
This
is to certify that the above is a Certified Copy of the Rules and Regulations of
the ----------------Eco-tourism
Society. Bye-Laws are approved and are acceptable to us.
