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Donations received from the year 2011 onwards

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In pursuance to the provisions of 'Right to Information Act, 2005', which came in to force with effect from 12 October 2005, the following personnel have been designated as Public Information Officer and Appellate Authority.

1. DEFINITIONS

In these rules and regulations, unless there is anything inconsistent with the subject or context,

The Act Means the Travancore - Cochin Literary, Scientific and Charitable Societies Registration Act 1955 (Act XII of 1955)

The Bye-Law means the body of Rules and Regulations registered along with the Memorandum of Association, and as may be amended by the Society from time to time. The Chairperson means the Chairperson of the Governing Council Member-Secretary means Member Secretary of the Governing Council who shall be the Director of the Institute Secretary means Member Secretary of the Project Board who shall be the Director of the Institute to be appointed by the Governing Council The Project Board means the Project Board of the National Institute of Speech and Hearing as given under section 2, B of the Bye-Law The Governing Council means the Governing Council of the National Institute of Speech & Hearing, as given under Sec. 2 A of the Bye-Law. The Government means the State Government of Kerala The Institute means the National Institute of Speech & Hearing, Thiruvananthapuram. The Memorandum means the Registered Memorandum of Association and the Rules and Regulations (Bye-law) of the Institute Office – Bearers means the officials of the Governing Council and the Project Board The Chairman means the Chairman of the Project Board The Rules and Regulations means the Bye-Law or the body of the Rules and Regulations registered along with the Memorandum of Association and as may be amended by the Society from time to time. The Society means Society forming the Institute Year means the Financial Year starting from April 1, and ending on March 31

2. AUTHORITIES OF THE INSTITUTE

The following shall be the Authorities of the Institute
A. Governing Council
B. Project Board
C. Such other authorities as may be appointed from time to time by the Governing Council.

  A. Governing Council

i.  Members of the Council

   The Governing Council shall consist of:

ii.  The Governing Council shall have the power to co-opt from time to time representatives of such other organisations or Institutions, as well as individuals as it deems desirable in the interest of the Institute. However, these co-opted members shall have no right to vote, but participate in discussions and contribute their suggestions.

iii.  Meeting of the Governing Council :

a.   The Governing Council should meet at least once in a year. A written notice shall be served to the members at least 15 days before a meeting. The Member Secretary of the Governing Council shall serve the notice in consultation with and as per direction from the Chairperson.

b.   The Annual Meeting of the Governing Council shall be convened to

1. Consider the Annual Report
2. Consider the Audited Accounts of the previous Year
3. Study the Budget Proposals for the ensuing year and
4. Consider such other matters as may be directed by the Chairperson

c.   The Chairperson of the Governing Council may convene or direct the Member Secretary to convene an Emergency/Special Meeting of the Governing Council, whenever it is found necessary. At least 7days notice should be given for a Special Meeting. Emergency and Special Meetings of the Governing Council shall not take up any business other than those included in the agenda.

iv.  Powers and duties of the Chairperson of the Governing Council

a.  Preside over all meetings of the Governing Council:
b.  Convene or direct the Member Secretary to convene meetings of the Governing Council.
c.  Move the Project Board to take into consideration his views in regard to any matter of importance.

v.  Powers and Duties of the Member Secretary of the Governing Council

1. Convene meetings of the Governing Council as per the direction
2. Prepare the Minutes of the previous meetings and present before the Members.
3. Prepare the Annual Report and keep ready the Audited Statement of Accounts to be presented before the Governing Council.

  B. The Project Board

i.  The Project Board shall be a select body consisting of not more than seven members.

1. Secretary to Government, Social Welfare Department – Chairman
2. Director of the Institute Member- Secretary
3. Director of Social Welfare Member
4. Not more than four other members to be drawn from the Governing Council one of whom shall represent the Finance Department Member

ii.  The Chairman of the Project Board may invite any person to attend any particular meeting, as and when he/she finds it desirable and for the good of the Institute, as special invitees.

iii.  Meetings of the Project Board

a.  Ordinary Meeting: The Project Board shall have its ordinary meetings at least once in three months. b.  Emergency Meetings:
The Chairman may convene himself/herself or direct the Secretary to convene an Emergency Meeting at shorter notice, to discuss matters of urgency.

c.  Notice for the Meetings:
The Secretary shall send notice to the Members, on direction from the Chairman at least 7days before an ordinary meeting. Emergency Meetings may be convened at short notice.

d.  Agenda for Meetings:
Agenda for an ordinary meeting shall be included in the notice and the Chairman may allow other matters also to be considered at such meetings if found desirable and worth. But, an Emergency Meeting shall not take any subject for consideration other than the topic for which it has been convened.

iv.  Powers and duties of the Chairman of the Project Board

a.  To chair the sessions of the Project Board
b.  Convene or direct the Secretary to convene all meetings of the Project Board
c.  To take appropriate action at emergent situations, in the interest of the Institute, and have it ratified by the Project Board at its next meeting.

v.  Powers and duties of the Secretary of the Project Board

1. Convene the meetings of the Project Board on direction from the Chairman
2. Prepare the Minutes of the previous meetings and present the same at the next meeting.
3. Do such other acts in the interest of the Institute as per direction of or in consultation with the Chairman of the Project Board

3.  QUORUM FOR MEETINGS

The quorum shall be 7 for the Governing Council meeting and 3 for the Project Board meeting.

4.  ABSENCE OF THE CHAIRPERSON/CHAIRMAN

In case the Chairman of the Governing Council or the Chairman of the Project Board is not present, his/her representative, if any, will preside over the meeting. When no representative is available, the members present shall choose one of the members present to preside over the meeting. However, the appointment of Director shall be decided only in a Governing Council meeting presided over by the Chairperson.

5.  TENURE OF OFFICE

Where a Member of the Governing Council/Project Board becomes such Member by virtue of the office he holds, his membership shall be terminated when he ceases to hold that office. Members nominated to the Governing Council/Project Board, shall hold office for a period of three years from the date of effect of nomination. However, the members shall be eligible for re-nomination.

6. CHANGE OF ADDRESS

If a member of the Governing Council or Project Board changes his/her address, the same shall be notified to the Member Secretary of the Governing Council or the Secretary of the Project Board. Any lapse in this regard by the Member, it will not be binding on the Member Secretary/Secretary to send the communications in the new address.

7. CESSATION/TERMINATION OF MEMBERSHIP

a.  A nominated Member of the Governing Council/Project Board shall cease to be a Member, if he/she

1. desires, or
2. resigns his/her membership or
3. becomes of unsound mind, or
4. is insolvent or
5. is convicted of a criminal offence involving moral turpitude, or
6. fails to attend three meetings consecutively without prior sanction of the Chairperson/Chairman as the case may be completes his/her tenure

b.  A nominated Member of the Governing Council/Project Board may resign office by a letter addressed to the Chairperson/Chairman and such resignations shall take effect from the date it is accepted by the Chairperson/Chairman

c.  Vacancy of Membership: Any casual vacancy in the Governing Council or Project Board shall be filled by the appointment or nomination of a new member by the appropriate authority entitled to make such appointment or nomination, and the Member thus appointed or nominated to fill such casual vacancy shall hold office for the remaining period of term, if any, of the Member in whose place he/she was appointed/nominated.

8.  POWERS, FUNCTIONS AND DUTIES OF THE GOVERNING COUNCIL

9.  POWERS AND FUNCTIONS OF THE PROJECT BOARD

The Project Board shall be responsible for the management and administration of the affairs of the Institute, in accordance with the Memorandum of Association, the Rules and Regulations made thereunder for the furtherance of the objectives, subject to the general control and directives of the Government Council. It shall have all powers, which may be necessary or expedient for the purpose such as

1. formulating broad policy to carry out the purpose of the Institute.
2. Reviewing and sanctioning Budget Estimates.
3. Sanctioning expenditure as defined in the Financial Bye-law
4. Operating the funds of the institute.
5. Raising funds for the Institute.
6. Strengthening the infrastructure of the Institute, including creating of suitable posts and recruiting and appointing staff.
7. Writing off irrecoverable loss of stores and money up to Rs.5000/-

10.  APPOINTMENT OF STAFF

The Member Secretary namely the Director of the Institute shall be appointed by a. the Governing Council at a meeting of the Governing Council presided over by the Chairperson.
In the absence of a whole time Director, the Governing Council could appoint an Honorary Director and an Executive Director at a meeting of the Governing Council presided over by the Chairperson. b. Creation of all posts shall vest with the Governing Council with the Chairperson presiding over the meeting based on a manpower plan submitted by the Project Board. Creation of Part Time Posts shall vest with the Project Board c. All selection and appointments will be made only by the Project Board based on the manpower plan approved by the Governing Council d. Appointment order will be issued by the Director of the Institute

11. DELEGATION OF POWERS

a)  The Member Secretary namely the Director of the Institute shall be in charge of administration and management of the Institute and shall exercise such powers in respect of the affairs of the Institute as may be delegated to him/her by the Project Board from time to time.

b)  One or more Committees or Sub-Committees may be appointed for some specific ad hoc purpose by the Project Board with such powers as may be specified by it.

c)  The Project Board may, by resolution, delegates, separately to the Chairman or to the Director or jointly to both of them such powers as it may deem fit for the conduct of business.

12.  AMENDMENT TO THE BYE-LAW

The Governing Council may with prior approval of the Government alter amend or repeal any section or part of the Bye-law, or frame new rules. These Bye-Laws shall not be repealed nor amended or additions made except by a resolution passed by a majority of not less than two-third of the members of the Governing Council present at the meeting convened for the purpose or at an annual Governing Council meeting and duly approved by Government. However, no such amendment shall be effective unless such amendment is approved by the Commissioner of Income Tax, Trivandrum prior to such amendment

13.  FUNDS OR THE INSTITUTE

a.  The Funds of the Institute shall consist of;

1. Grants made by or through the Government of India or Kerala or both
2. Donations and contribution from other source, individuals and organizations.
3. Other income from the properties, receipts as well as interest from bank deposits, if any.

b.  The Funds of the Institute shall be deposited in treasury/bank at the option of the Project Board and all funds received shall be laid into the Institutes Account that shall be maintained at the above treasury/bank. Withdrawal of accounts shall be done by cheque, signed by two persons designated by the Project Board and authorised to function on their behalf. c.  The Secretary namely the Director shall maintain proper accounts including a Balance Sheet, in such forms as may be prescribed under the Bye-law.

14.  AUDIT OF ACCOUNTS

Annual Audit :
Annual audit of the Institutes Accounts shall be conducted by a Chartered Accountant appointed by the Governing Council Audit Report :
Within six months after the end of every financial year, the Audited Statement of Accounts of the previous year of the Institute shall be placed before the Governing Council.

15.  THE OPERATIONAL ASPECTS OF THE INSTITUTE ASSETS

The Institute shall invest all the funds in treasury/bank as envisaged in clause 12.b of the Bye-Law, and it shall have the right.

1. to issue appeals and applications for money and funds in furtherance of the objectives detailed in the Memorandum of Association, and to raise or collect funds by gifts, donations, subscription, endowments or otherwise of cash and securities and any property, either movable or immovable, and to grant such rights and privileges to the donors, subscribers and other benefactors as the society may consider proper.
2. to acquire, purchase or otherwise own or take on loans or hire temporarily or permanently buy any movable or immovable property necessary or convenient for the furtherance of the objectives of the Society;
3. to borrow and raise money with or without security or on the security of mortgage charge or on the security hypothecation or pledge of all or any of the movable or immovable properties belonging to the Society or in any other manner whatsoever, provided that prior approval in writing of the Governing Council is obtained.
4. to sell, assign, mortgage, lease, exchange and otherwise trace for or dispose of all or any property movable or immovable of the Society for the furtherance of the objects of the Society, provided prior approval of the Governing Council is obtained for the transfer of the immovable property;
5. to enter into any agreement with any Government or authority, municipal, local or otherwise that the Society may deem desirable to obtain and carry out, exercise and comply with such arrangements and rights, privileges and concessions;
6. to draw, make, accept, endorse, discount, execute, sign, issue and otherwise deal the cheques, hundis, drafts, certificates, receipts, Government securities, promissory notes, bills of exchange or other instruments and securities, whether negotiable or transferable or not.
7. To undertake and accept the management of any endowment or trust fund or donation to further the objects of the Society;
8. To appoint or employ, temporarily or permanently, any person /persons that may be required for the purpose of the Society, and to pay him/ her/ them in return for the services rendered to the Society, salaries/wages /honorarium /fees/gratuities / provident funds and pensions;
9. To mobilize available expertise in the field of the hearing impaired and to offer technical and consultancy services, with or without payment of remuneration as necessary;
10. To establish a provident fund, family benefit schemes, group insurance scheme and other benefits for the Employees of the Society.
11. to institute, offer or grant, prizes, awards, scholarships, fellowships and stipends in furtherance of the objects of the Society, and
12. to receive and accept grants/ donations and other contributions.

16.  REVIEW OF THE WORK

The Governing Council may appoint one or more persons to review the work and progress of the Institute, and to hold enquires into the affairs thereof, and to report thereon in such manner as the Governing Council may stipulate, and upon receipt of any such reports, the Governing Council may take such action and issue such directions, as it may consider necessary in respect of any of the matters dealt with in the report, and the Institute shall be bound to comply with such directions.

17.  DIRECTIVES FROM GOVERNING COUNCIL

The Governing Council may issue directives from time to time as they deem fit, and those shall be binding on the Institute.

18.  INSTITUTE TO BE SECULAR AND COMMON

No conditions or test shall be imposed as to religious belief or profession, caste, creed, race or class, in admitting trainees/students or appointing technical/non-technical staff and teachers of the Institute, and the Institute shall be open to persons of either sex.

19.  DONATIONS TO BE WITHOUT OBLIGATION

No benefaction whatsoever shall be accepted by the Society while selecting trainees/ students and appointing staff or otherwise when it involve conditions or obligations contrary to the spirit and object of the Society. 

20.  POWER OF GOVERNMENT TO TAKE OVER THE ADMIN

In case the Government is convinced that the Institute is not functioning properly, it shall have the power to take over the administration of the Institute, and to appoint an Administrator for this purpose. The Governing Council and Project Board as well as other Authorities, if any, appointed as per rule 2.C of the Bye-law, shall remain suspended during the period such an order is subsisting and all the powers of the Governing Council and the Project Board and other Authorities shall rest in the Administrator.

21.  AMENDING OF THE BYE-LAW

i)  With the prior sanction of the Government, the Governing Council of the Society shall have the power to frame, amend, add or reduce the Bye-law, if found inconsistent with the Memorandum of Association and the Rules for the administration and management of its affairs. ii)   Without prejudice to the generality of the foregoing provisions, such regulations may be provided for the following matters:-

1. i. Preparation and approval of Budget Estimates, sanctioning of expenditure, execution of contracts, investments of the funds of the Society and sale or alternation of such investment and accounts and audit.
2. ii. Powers, functions and conduct of the business of such committees or Advisory panels, as may be constituted from time to time.
3. iii. The procedure, terms and tenure of appointments, emoluments, allowances, rules or discipline and other conditions of services of the officers and Staff of the Society.

iii)   Terms and conditions governing scholarships, fellowship, deputation, grant/in-aid, research schemes and projects, such other matters as may be necessary for the furtherance of the objectives and proper administration of the affairs of the Society. iv)   When it shall appear to the Governing Council that it is advisable to alter, extend or abridge for such purposes or for other purposes specified in the Travancore- Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, it may circulate the proposition to the members of the Institute in written or printed report, with the prior approval of the State Government, convene a Special/General meeting for the consideration thereof, according to the rules and regulations. No such proposition shall be deemed to have been approved unless such report has been delivered or sent by registered thereof, and unless such proposition shall have been agreed to by the votes cast in favour of the proposition by the members, who being entitled to do so and such votes are not less than three-fifths of the members delivered in person or by proxy so entitled for voting. v)   In case of difference of opinion among the members of the Governing Council or Project Board at any meetings, the opinion of the majority will prevail. Co-opted members have no right for vote while the members of the Governing Council and Project Board shall have one vote per member on any question if there be equality of votes. The Chairperson/Chairman has also the power to vote as any member; but when there is a tie he/she shall, in addition, having a casting or second vote.

22.  MEMBERS OF THE GOVERNING COUNCIL & PROJECT BOARD

1. The Institute shall maintain a Register of Members on the Governing Council and Project Board, with their latest address and occupation.
2. A list of the office-bearers and Members of the Governing Council or Project Board shall be filed with the District Registrar Trivandrum, within fourteen days from the date of the Annual Meeting of the Council and the Committee as envisaged in Section 7(3) of the Act.
3. A written notice shall be sent to every Member on the Governing Council or Project Board as the case may be, either personally or by post under Certificate of posting.
4. Non-receipt of the notice of any meeting of the Governing Council or Project Board by any Member, shall not invalidate the proceeding of the meeting.
5. The minimum period of notice for the meetings of various kinds have been given in Rules 2. A(iii) and 2.B (iii), and the same shall be followed: i.e 15 days for a general meeting of the Governing Council, 7 days for the Project Board while emergency meetings may be convened at short notice.

23.  RESOLUTION BY CIRCULARS

Any business, in respect of which the Chairman is satisfied that the matter is very urgent and that it is not possible to hold a meeting of the Project Board suddenly, may be carried out by a circular issued.

24.  INCOME AND PROPERTY

The income and property of the society, however, derived, shall be applied towards the promotion of the objects thereof as set forth in the Memorandum, subject nevertheless to the conditions the Government of Kerala may from time to time, impose in respect of expenditure or grants made by them. No portion of the income and property of the Society shall be paid or transferred directly or indirectly by way of dividends, bonds or otherwise, however by way of profit to the persons who at any time are or have been members of the society or to any of them or to any persons claiming through them or any of them provided that nothing therein contained shall prevent the payment in good faith of honorarium to a member thereof or remuneration to any officer of the Institute in return for any service rendered to the society or for travelling allowances, halting allowance or other similarly changes.

1. All contracts shall be executed on behalf of the Institute, by the Director as per the rules framed by the Governing Council.
2. The Director shall be the person in whose name the Institute may sue or be sued.
3. Any amendment in the Memorandum of the Society shall be made only in accordance with the provisions of the Registration Act.

25.  CHANGE IN THE SOCIETY

Alteration or Amalgamation:

1. Whenever it shall appear to the Governing Council to alter extent or abridge for such purpose or for other purposes within the meaning of the Act or to amalgamate such Society wholly or partly with any other society, the Governing Council may submit the proposition to the members of the Council, either in written or printed report and may convene a Special Meeting for the consideration thereof, according to the rules and regulation. But no such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy,
2. In case the Society has to be dissolved, it shall be dissolved as per the provisions laid down in Section 23, 24 and 25 of the Act. However, it shall not be dissolved without the consent of the State Government.
3. If on the winding up or dissolution of the Society, there shall remain, after the satisfaction of all debts and liabilities, any property whatsoever, the same shall not paid to or distributed among the members of the Society, or any of them, and shall be dealt with in the manner provided in the Act. All the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act shall apply to this society, namely the National Institute of Speech & Hearing, Trivandrum.

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