STATUTE
of
The European Economic Chamber of Trade, Commerce and Industry Nepal
2061 (2005)
Preamble:
Whereas, it is expedient to establish a social organization pursuant to the Association Registration Act, 2034 (1976) to develop and promote the economic, commerce, trade, industry, service and social sectors of the country and to exchange new technology, skill, knowledge and experience by maintaining bilateral and multilateral relations between Nepal and European Union as well as among the different chapters of the European Union.
Now, therefore, this Statute of the European Economic Chamber of Trade, Commerce and Industries has hereby been framed with the participation of private sector for the overall development of the country and countrymen.
| Chapter 1 | Commencement |
| Chapter 2 | Objectives |
| Chapter 3 | Membership |
| Chapter 4 | General Assembly, Executive Committee and provision relating to the Meeting |
| Chapter 5 | Functions, Duties and Powers of the Office-bearer and Members of the Executive – Committee |
| Chapter 6 | Election |
Chapter 1
COMMENCEMENT
1. Title of the Association: – (The) European Economic Chamber of Trade, Commerce and Industry Nepal shall be the name of this Association
(a) Address where the Association shall be located:- The Central office of this Association shall be located in Kathmandu and the branch and sub- branch offices may be established as per the decision of the Executive Committee and upon obtaining approval from the local authority.
(b) Working scope of the Association: – The working scope of this Association shall be located within the Kingdom of Nepal and the same may also be extended to abroad upon obtaining approval from the local authority.
2. Definitions:- Unless the subject or the context otherwise requires in this Statute;-
(a) “Statute” means the Statute of the European Economic Chamber of Trade, Commerce and Industry Nepal.
(b) “Rules” means the Rules of the Association framed from time to time under this Statute.
(c) “Association” means the European Economic Chamber of Trade, Commerce and Industry Nepal, which shall be cited as the European Economic Chamber of Trade, Commerce and Industry Nepal in the English language.
(d) “Executive Committee” means the Executive Committee of the Association.
(e) “Member” means the Members having obtained the membership of the Association pursuant to Article 7 of the Statute.
(f) “Office Bearer” means the Chairperson, Vice- chairperson, Secretary and Treasurer.
(g) “Executive Member” means the Member of the Executive Committee.
(h) “Central Office” means the Main Office of the Association.
(i) “Branch” means branch office as well as sub-branch office established in various places under the Central Office.
(j) “Sub-committee” means a three member Sub- committee constituted to implement any certain work.
(k) “Prescribed or as prescribed” means prescribed or as prescribed in this Statute and Rules or By-laws framed there under.
(l) “Local Authority” means The Chief District Officer.
3. Establishment, seal and emblem of the Association:-
(a) An Association named (the) European Economic Chamber of Trade, Commerce and Industry Nepal shall be established upon the commencement of this Statute.
(b) This Association shall be an autonomous body corporate having perpetual succession. It may acquire, utilize and dispose movable or immovable property like an individual. It may also mortgage and use otherwise its movable or immovable property as may be required for the welfare of the Company as well as it may sue and use its other functions, duties and powers. The Association shall have its own separate seal and emblem. European Economic Chamber of Trade, Commerce and Industry Nepal shall be written in the seal having oval shape. Provided, however, that if the said seal tallies with any other association registered earlier than this Association the same shall be amended through the amending procedure.
(c) This Association shall be a non- profit making public welfare Association.
Chapter 2
OBJECTIVES
4.Objective of the Association:- The objectives of the Association shall be as follows:-
a) On the basis of mutual benefit, to develop interactions relating to economic, commerce and trade between Nepal and the European Union and strengthen the same.
b) To conduct various promotional activities, related with the association, as a promulgator and enable to enter economic and business opportunities into Nepal and thereby work as a reliable mediator.
c) To bring in use the various knowledge, skill and experience and utilize the natural resource for the mutual benefit of the members of Nepal and The European Union.
d) To initiate the invention of new technology and thereby improve the professional and institutional capability of the members and promote the standard of production and service.
e) To perform necessary function in order to improve the standard of public health, educational standard, safe and healthy environment, sustainable development. Poverty alleviation, improvement of standard of the women and children, and human rights like important subjects of national and international concern.
f) To conduct seminar/ symposium related with the Union regularly.
g) To manage business delegation for the European Union.
h) To participate in the social and economic development of the country.
i) To make a separate identity of the Association and its members within the country as well as outside it.
j) To make available social and business coordination service in the SAARC countries and the European Union.
k) To provide equal opportunity to the back-warded groups of the society.
l) To perform the function of a meeting point of the government and business sector for making available employment oriented activities.
m) To promote the feeling of education health and self-reliant in women and backward groups of the society and thereby encourage them to involve in the main stream of the employment.
n) To cooperate in the institutional development of other institutions/associations.
o) To promote the business, transit, investment and tourism sector among Nepal, SAARC countries and the European Union.
p) To promote moral values and belief.
q) To do or cause to be done registration and certification of the members.
r) To honor the personality and association/institution rendering distinguished contribution in the society.
5. Works to be done to attain the objectives of the Association:- In order to attain the above mentioned objectives the Association shall perform the following functions:-
a) To construct buildings or take on rent or lease as may be required for the Association and to purchase or take on lease computer, telephone, typewriter, fax, furniture and fixture like office materials and motor vehicle required for the Association and use them.
b) To appoint personnel required for the Association and prescribe conditions of their service.
c) To operate bank account by depositing money received in the Association.
d) To organize training, seminar, workshop and speech programs related with the social work including industry, trade, commerce, economical, and monetary subjects of the country.
e) To collect and publish publishable materials including books and journals in order to regularly inform various activities of industry and commerce sector to be exchanged between Nepal and the European Union.
f) To acquire membership of national, international and regional associations/ institutions having similar objectives and render own membership to them. To maintain contacts, increase understandings, provide cooperation and exchange experiences and views with them.
g) To do other necessary works in order to attain the objectives of the Association.
CHAPTER 3
MEMBERSHIP
6. Classification of membership
(1) Ordinary membership
(2) Honorary membership
(3) Life long membership
Required qualification for the membership: –
(a) Any person or body corporate involved in the production oriented, energy oriented, agriculture and forestry, mineral, tourism, service, construction industry, import and export business, banking and finance, insurance, information technology, consumer protection, art and cultural protection, environmental protection, human resource development, intellectual property protection, social security, good governance, scientific study and research, law, jurisprudence and account, market management, and information etc. business may acquire ordinary membership of this Association.
(b) The honorary membership may be given to any association/ institution or distinguished personality remarkably contributed or capable to contribute to promote bilateral or multilateral relation in various sectors between Nepal and the European Union.
(c) The Executive Committee may give life long membership to any ordinary member rendered important contribution for the operation of work as per the objectives of this Association upon receiving a lump sum amount as prescribed by the Executive Committee.
8. Disqualification to be appointed as a Member of the Association and condition not to remain in the post: The following persons shall not be appointed to the post of Member of this Association:
(a) Who is not a Nepali citizen and not attained the age of 16 years.
(b) Who is mentally disordered or insane.
(c) Insolvent.
(d) With in one year of being convicted by the Court in the offence of theft, cheating, and fraud or who has misappropriated the property or asset located in own custody or involved in corruption.
(e) Who has personal interest in the business of the concerned association.
(f) Who has due to pay the membership fee.
9. Any person shall not be remained in the membership of the Association on the following conditions: –
(a) If one is disqualified to be appointed to the post of member pursuant to Article 8.
(b) If a resolution to remove any person from the post of member has been adopted by a majority of 75% presented in the General Meeting.
(c) If the resignation tendered by a member from his post has been accepted.
(d) If proved from the court that one has acted coercively and with misconduct in the act and actions of the Association.
(e) If the member, firm, company or body corporate has been declared insolvent dissolved or cancelled upon having gone on liquidation.
(f) If one has done any act not to be done by the Association pursuant to this statute.
Before ascertaining disqualification of any person for getting appointed to or to remaining in the post of member of the Association, the Association shall inform the matter to such person and given an opportunity to him to submit his/her clarification or evidence.
10. Membership fee and procedure to provide the membership:
(a) The admission and annual membership fee of the members of the Association shall be as prescribed by the Executive Committee from time to time. The admission fee and annual membership fee shall be Rs.10, 000/- and Rs. 5,000/- respectively.
(b) Any person or body corporate desiring to become the member of this Association shall have to submit an application as prescribed. Provided, however, that if the application so received is not accepted, the Association shall not be compelled to indicate the reason therefor.
(c) The final authority to provide the membership shall be vested on the Chairman of the Executive Committee or the Committee itself on the recommendation of the sub-committee constituted by the Chairman.
(d) The membership fee and annual fee as prescribed shall have to be paid within 15 days of receiving the information on the acceptance of application submitted for the membership. The membership shall be considered to have been commenced from the date of payment of the membership fee.
(e) No new membership shall be given after the issuance of notice for the Annual General Meeting and until the Meeting ends.
(f) The Chairman of the Executive Committee may give the membership to any members detached from the Association due to any reason, if such member pays the due to be paid to the Association.
(g) Each and every member of the Association shall have to pay the fee for the first year of the membership along with the application and the fee to be paid thereafter shall have to be paid within three months of commencement of each fiscal year. Provided, however, that the Executive Committee may extend the time limit for the payment of fee in extraordinary condition.
(h) The residue amount of any member detached from the Association due to any reason, shall have to pay it compulsorily.
Chapter 4
General Assembly, Executive Committee and provision relating to the Meeting
11. Formation of General Assembly:
1. The General Assembly of the Association shall be formed consisting of other members except honorary members pursuant to Article 7 of this Statute. The honorary members shall be invited. The General Assembly shall be the supreme body of the Association.
2. The General Assembly of this Association shall be as follows –
(a) Annual General Assembly: The Annual General Assembly shall be held once in a year.
(b) Extra-ordinary General Assembly: If ¼ (one fourth) members of the total number of members demand to convene the Extra ordinary General Assembly setting out the reason therefor, the Executive Committee shall have to convene the same compulsorily. Provided, however, that the Extra-ordinary General Assembly shall not be held within six months of holding the General Assembly or Extra-ordinary General Assembly.
3. The first Annual General Assembly of this Association shall be held within two month of expiry of the fiscal year in which the Association was registered and the Annual Meetings thereafter shall be held within 2(two) months of expiry of each fiscal year.
4. All ordinary members of the Association shall be informed compulsorily indicating the place, date, time and agenda for discussion in advance of 15 days in the case of holding Annual General Assembly and 7 days in advance, in the case of holding Extra-ordinary General Assembly.
5. If the General Assembly or Extra-ordinary General Assembly convened pursuant to sub article 4 above could not be held due to the want of quorum as referred to in Article 18, the General Assembly shall be re-convened by giving a time limit of at least 7 (seven) days.
6. There shall be kept separate minute books of the General Assembly and Extra-ordinary General Assembly.
7. Functions, duties and powers of the General Assembly: The functions, duties and powers of the General Assembly shall be as follows: –
(a) To adopt plans, programs and annual budget submitted by the Executive Committee.
(b) To hold discussion on the annual audit report received from the auditor and adopt the same as well as hold discussions on the irregular amount revealed from the audit and regularize the allowed amount and give direction to the Executive Committee to recover such irregular amount.
(c) To appoint an auditor for the forth coming year.
(d) To give necessary direction to the Executive Committee by evaluating the annual progress details and works done by the Association.
(e) If the tenure of office of any Office-bearers of the Association has been completed, to hold elections of Office-bearers of the Executive Committee subject to the procedures as mentioned in the Statute.
(f) To amend the Statute, approve Rules and By-laws as submitted by the Executive Committee.
(g) To provide honorary membership.
(h) To adopt the act and actions done or taken by the Executive Committee in the interest of the Association taking in mind the justification thereof.
(i) To give approval, as per necessity, of creation of posts of employees, remuneration allowance and other facilities submitted by the Executive Committee subject to bearing the expenditure from the internal source of the Association.
12. Executive Committee:
(1) The Annual General Assembly shall appoint the Chairman of the Executive Committee and the Chairman of the Executive Committee shall appoint other Office- bearer and members of the Association.
Provided, however, that there shall be an Executive Committee consisting of the following Office-bearer and members unless, the First Annual General Assembly is held.
Mr. Dibya Mani Rajbhandari – Chairman
Mr. Binayak Shah Vice – Chairman
Mr. Sushil KumarPant – Secretary
Mr. Shyam Sunder Lal Kakshapati – Treasurer
Mr. Rajendra Prasad Shrestha – Member
Mr. Prabin Bahadur Panday – Member
Mrs. Laxmi Sharma – Member
Mr. Radhesh Pant – Member
Mrs. Dipti Rajya Laxmi Rana – Member
(2) This Association shall have an Executive Committee consisting 29 persons, in maximum. Upto four persons including one woman shall be appointed to the post of Vice-Chairman.
(3) The tenure of office of the Executive Committee shall be three years.
(4) In cases where the post of any Office- Bearers or members falls vacant prior to the holding of the Annual General Meeting, the Executive Committee may appoint the Office-bearers and members for the remaining term on the recommendation of the Chairman. The new appointment shall be made only for the remaining term of the Office-bearers and members whose post has been fallen vacant.
(5) The Chairman of the Committee shall convene the meeting of the Executive Committee, as and when required. In cases where 1/3 of Office-bearers or members make a submission to convene the meeting, the Chairman shall have to convene the meeting of the Executive Committee.
(6) The Office-Bearers and members of the Executive Committee shall be required to present in person at the meeting of the Committee.
(7) No meeting of the Executive Committee shall be held without the presence of 51% of Office-Bearers and members.
(8) The Chairman of the Executive Committee shall preside over the meeting of the Committee. In the event of absence of the Chairman, the meeting shall be presided over by the Vice-Chairman selected by the Office-Bearers and members present at the meeting.
(9) The decision of majority vote shall be valid at the meeting of the Executive Committee and in the event of a tie; the Chairman may exercise the casting vote.
(10) The minute of discussions held at the meeting of the Executive Committee and decisions made thereon shall be recorded in a separate book and such minute book shall be signed by at least 51 percent of Office-Bearers and members of the total number of all Office-Bearer and members present at the meeting.
(11) Notwithstanding anything contained in the above mentioned clauses, in cases where all Office-Bearers and members of the Executive Committee have agreed, in writing, in respect of any matter which the Executive Committee may carry out, such act can be carried out without holding the meeting, enclosing such agreement in the minutes book, The agreement mentioned above shall be considered par the decision of the Board of Directors.
Chapter 5
Functions, Duties and Powers of the Office-bearer and Members of the Executive Committee
13. Functions, duties and Powers: –
(1) Chairman:
(a) To convene the meeting of the Executive Committee, to make necessary correspondences on behalf of the Association.
(b) To take over the responsibility as the Chief of the Association.
(c) To implement or cause to be implemented the decision made by the General Assembly.
(d) To preside over the meetings of the General Assembly or Executive Committee and to exercise the casting vote in case of tie in the voting of such meetings.
(e) To do other necessary works in the interest of the Association.
(f) To allocate the works amongst the Office-Bearer and members.
(g) To do other works as are allocated in this Statute to do by the Chairman.
(2) Vice-Chairman:
(a) To render assistance in the work of the Chairman or do the works as delegated by him, in writing.
(b) To use and obey all powers and duties of the Chairman in his absence.
(c) To study the working progress of the Association and inform the same to the Chairman.
(3) Secretary:
(a) To keep or cause to be kept the records of decision made by the Executive Committee and implement the same.
(b) To take over the responsibility of day-to-day work of the Association and to look after and control of the personnel administration.
(c) To do or cause to be done other works as provisioned in the Statute, Rules and By-laws made there under.
(d) To maintain coordination among various branch offices.
(e) To do all other works in the interest of the Association as per the direction of the Executive Committee and advice of the Chairman.
(4) Treasurer:
(a) To present the report of income and expenditure in the meetings of the Annual General Assembly and Executive Committee.
(b) To collect the fund for the Association, keep or cause to be kept the account of income and expenditure.
(c) To prepare or cause to be prepared the annual budget of the Association and submit the same to the Annual General Assembly through the Executive Committee.
(d) To do or cause to be done other works as directed by the Executive Committee.
(5) Members:
(a) To render necessary assistance to the Chairman, Vice-Chairman, Secretary and Treasurer for the promotion of interest of the Association.
(b) To implement the works as directed by the Executive Committee.
14. Quorum: The proceedings of the General Assembly shall not be conducted unless it is attended by the ordinary Members representing 60 per cent of member out of the total number of members.
Provided, however, that if 51 per cent of members out of its total number of members are present in the meeting reconvened pursuant to sub-article (4) of Article 11 of the Statute, no thing shall prevent to hold the meeting.
15. Fund of the Association:
(1) The Association shall have a separate fund of its own, in which the amount received as mentioned below shall be deposited.
(a) Amount received for membership.
(b) Donation amount given by any one voluntarily.
(c) Income derived for the service rendered by the Association, service fee and other income.
(2) If the Association requires obtaining donation from foreign association/institution, it shall obtain the approval of the Ministry of Finance.
16. Operation of account: The account of the Association shall be operated with the joint signature of the Chairman and Treasurer of the Association. Provisions shall be made to maintain the account of income and expenditure as per the prevailing Act and Rules.
17. Account and audit of the Association:
(1) the account of income and expenditure of the Association shall be kept as per the prevailing law.
(2) The audit of account of the Association shall be done by a registered auditor as per the prevailing law.
(3) If His Majesty’s Government or Local Authority wants to inspect or cause to be inspected the account of the Association, they may do so as and when they want.
(4) The auditor shall be appointed by the Annual General Assembly. Provided, however, that the Executive Committee shall appoint the auditor unless the first Annual General Meeting is held.
Chapter 6
Election
18. Provision relating to election:
(1) The Executive Committee shall appoint necessary number of Election Officers and Assistant Election Officers to hold the election to the post of Chairman of the Association.
(2) The programs and other procedures relating to the election shall be as mentioned in the Election Manual approved by the Executive Committee.
19. Qualification to become a candidate:
(1) The members as mentioned below, having received the membership pursuant to this Statute shall be eligible to become a candidate to the post of Office-bearers and member of the Executive Committee.
(a) Ordinary and life long members having received the membership as per this Statute.
(b) If any body corporate, company or firm have received the membership, the proprietor or partner or director or executive chief or chief manager working in upto such post of such body corporate, company, firm or business enterprise.
(c) Having attained the age of 21 years.
(d) Except for the first time, having worked in any post of the Executive Committee of the Association;
Provided, however, that the Executive Committee may remove the restriction as referred to in clause (d) by giving the reason if it thinks reasonable to do so.
20. No-confidence motion:
(1) Thirty three per cent of members out of the total number of members may register a written application on no confidence in the Secretariat of the Executive Committee against any Office- bearers or members of the Executive Committee indicating a clear reason of bringing such motion requesting to hold discussion and decide the same.
(2) The Executive Committee shall issue a notice of holding Extraordinary General Meeting within thirty days of registration of such motion by deciding to do so.
(3) An opportunity to submit the clarification shall be given to such person against whom the motion has been registered, with the reason as mentioned in the motion.
(4) If the motion submitted once has been defeated no other motion on the same ground shall be brought again within one year of such defeat.
(5) If the time to hold the regular General Meeting is approaching nearer, the proposal of the no-confidence motion shall also be included into the agenda of such meeting.
(6) The senior Vice-chairman shall preside over the meeting of the General Assembly sitting to discuss the no-confidence motion brought against the Chairman. In the case of his absence the person elected by the meeting shall preside over the meeting.
(7) The no-confidence motion shall, ipso facto, be cancelled, if it is not adopted by a majority two-thirds out of the total number of members.
21. Amendment to the Statute: The recommendation to amend or repeal any Article of the Statute of the Association shall be sent to the Local Authority, if it is adopted by a majority of two thirds out of the total number of members. Any Article of the Statute shall be considered to have been amended or repealed only upon the approval of the Local Authority.
22. To frame By-laws: The Association may frame necessary By-laws in the course of implementation of its objectives and information thereof shall have to be given to the local Authority.
23. Ad-hoc committee: The Ad-hoc committee constituted to establish and register this Association shall have to constitute an Executive Committee as per this Statute within 6 months. The works done by the Ad-hoc committee during such period shall be deemed to have been done according to this statute.
24. Dissolution of the Association:
(1) If the General Meeting of the Association thinks it necessary, it may dissolve the Association by adopting a special resolution.
(2) While adopting a resolution of dissolution pursuant to clause (1), the General Meeting shall appoint one or more liquidators for the purpose of liquidating and one or more auditors for the purpose of auditing the books of accounts of the Association. The remuneration of the liquidator and the auditor so appointed shall be as prescribed by the General Meeting.
(3) The liquidator and the auditor appointed pursuant to clause (2) shall carry out the acts relating to liquidation of the Association.
(4) The registration of the Association may be revoked if any act has been done which may adversary affect the bilateral relation between Nepal and the European Union or crate misunderstanding or disturb the cordial relation existing between them.
(5) The registration of the Association may also be revoked if any act and action have been taken which is contrary to the prevailing Constitution of the Kingdom of Nepal and any other Act and Rules of Nepal which is prejudicial to the foreign policy of Nepal.
25. Act to prevail: Any matters not contained in this Statute shall be as per the prevailing laws and matters inconsistent with the Association Registration Act, Rules and other prevailing laws shall, ipso facto, be ineffective.
26. Miscellaneous:
(1) Powers to name the functional title to be performed by the Office-bearer and members of the Executive Committee appointed pursuant to this Statute shall be vested on the Executive Committee.
(2) The functional title shall be named by dividing the objectives, act and actions into various sectors and groups on the basis of so divided and categorized functions.