The Constitution of Mountain Trust 2060

Preamble:

'The Constitution of The Mountain Trust 2060' is constituted with the objective of nation building and adopting the motto that "Education is the light of the future, health is the life" assisting Nepal's educational & health sector, helping villages and the residents of remote areas in the fields of health & education to create educated, skilled and healthy people.

CHAPTER – 1 PRELIMINARY

1. Name of the Trust : The name of the trust is the 'Mountain Trust'.
2. Address of the Trust: The office of the trust is in Kathmandu district, KTM Metropolitan-city ward no. 33.
3. Beginning : This constitution comes into existence after approval from the relevant local authority.
4. Working Area : The working area of the trust is in the kingdom of Nepal. Other branches could be opened in an other places if deemed necessary after taking approval from the relevant local authorities.
5. Affiliation : This trust could be affiliated to the 'Social Council' and also another legally recognized entities.
6. In accordance with the Prevailing Laws: The provision of this constitution would be under 'Association Registration Act 2034' and prevailing Nepalese Laws. The trust would conduct its functions in accordance with the policy & programme of HM Government of Nepal co-ordinating with concerned department's district office priorities.
7. Existence of the Trust : The trust is a perpetual inherited, organized, autonomous, non-profit making organisation. It is a non-political and non-governmental social association.
8. Trust as an individual: This trust may act as an individual. It can sue and could be sued by others.
9. Stamp symbol of the Trust: There shall be a separate stamp & symbol of the trust as designed in schedule 1.

CHAPTER – 2

10. Definition :
(a) "Constitution" means the constitution of 'The Mountain Trust'.
(b) "Rule" means rule made under this constitution and rules to be made from time to time.
(c) "Trust" means 'Mountain Trust 2060"
(d) "Executive" means executive of the trust.
(e) "General meeting" means the general meeting of the trust.
(f) "Said or according to saying" means said in this constitution or said rules of the organization which are made under this constitution.
(g) "President" means the president of the trust.
(h) "Vice-President" means the vice-president of the trust.
(i) "Secretary" means the secretary of the trust.
(j) "Under-Secretary" means the under-secretary of the trust.
(k) "Treasurer" means the treasurer of the trust.
(l) "Member" means the member of the trust.
(m) "Fiscal year" means from the beginning of Shrawan to the end of Ashad.
(n) "Local Authority" means chief district officer.

CHAPTER – 3

11. Objectives : The objectives of this trust are as follows:
a. To establish educational institutions and conduct educational programmes in various parts of the Kingdom of Nepal subject to approval of the relevant body.
b. To provide financial and otherforms of support to the students for their study for those who are studying in different educational institutions established in various places of the Kingdom.

c. To provide necessary help to health institutions located in different parts of the Kingdom for medical treatment.
d. To inform villagers about health and hygene and teach them how to take preventative measures.
e. Seeing importance of people's participation for village health, cleanliness and environmental protection for the people to conduct awareness programmers.
f. To conduct income generating training for dalit, scheduled caste, old-aged, widowed & financially weak villagers to protect their rights & interests to support them to become self dependent; and to inspire illiterate to be literate.
g. To mobilize specialists & volunteers into villages to inform them about different transmitted diseases and STDs (sexually transmitted deases) damage to health and to provide medicine & another necessary things subject to the approval of the concerned authority.
h. To conduct awareness programmes against girl trafficking and violence to women.
i. To conduct awareness programmes to conserve natural resources and means without people affecting biological diversity & environment.

CHAPTER – 4

12. Qualification of members: Anyone can apply for membership of the executive who accepts the terms of this constitution and should have be:
a. A Nepalese citizen.
b. At least 16 years old.
c. Not declared by a court as guilty in a case of criminal or moral turpitude.
d. One should be qualified to obtain membership of any association in accordance with prevailing laws of Nepal.

13. Types of membership : There shall be following types member in this trust:
a. General member: Any Nepalese citizen who is qualified as stated in article 12 can apply in Prescribed form by paying said fee. Such application may obtain general membership if approved by the executive after completing the said process article 14(i).
b. Founder member : Those individuals who have signed this constitution in the time of it's registration are founder members. Such members are regarded automatically as converting to general members.
c. Honorary member: Any Nepalese citizen who has made a special contribution in the field of justice delivery & social work could be given honorary membership on the recommendation of the executive after taking approval of general meeting.
d. Life long member: The executive may give lifelong membership for those who have faithfully abided by this constitution and given remarkable help financially, physically or other assistance and who have paid the said amount of fee as well.
e. Applicants should be informed if it is impossible to give them their membership.
f. All member of this trust shall have to perform their duty as prescribed by the constitution.

14.Procedure to distribute membership, collect membership fees and renew membership:
i. Procedure to distribute membership: Except Lifelong & Honorary membership anyone can apply with the recommendation of at least one executive member in the prescribed form accepting to Act as per the objectives of the Trust for membership. If such application is registered, then the executive may give membership by it's decision having considered the application.
ii. Membership fee: There is no fee for honorary membership. But ordinary & life membership can provided taking necessary procedure and taking fee NRs. 500 and NRs. 2,500 respectively.
iii. About membership renewal: Ordinary and Life members shall not have to renew. But other members shall have to continue membership paying NRs. 100 yearly. Within last day of Asad. If some members fail to renew then the executive may renew membership taking penalty for another one year. Again, thereafter if renewal fails then membership of the member is regarded as having been automatically vacated. But if the executive thinks there is reasonable cause in the failure to renew then it may renew membership for any member for one year taking penalty from the member. But this provision would not be the right of the member.

15. Disqualification of member.
a. Minor (under 16 years old)
b. Foreigner
c. Lunatic
d. Criminal declared by the Court.

16. Termination (Vacation) of membership.
a. In case of death.
b. Approval of resignation.
c. Not renewing membership within given time.
d. Vacating by the decision of executive and approved by a general meeting.
e. In the case of dissolution of the trust.
f. In the case of quitting Nepalese citizenship.
g. In the case of being proved to have lost mental balance.
h. In the case of guilty of moral turpitude declared by the court.

CHAPTER – 5

General meeting, executive committee and other committees

17. Formation of General meeting: The general meeting of this Trust is the Supreme body of the trust and comprises all types of members except honorary members and members who have failed to renew their membership. The general meeting of this trust would be of two types; annual & special.

18. Annual General Meeting.
a. The General meeting of the Trust would be held generally once a year and before the last day of Aswin in the venue & time as determined by the executive committee.
b. The notice of the general meeting should be given to all members at least 15 days before the meeting. There must be a time, date, venue and agenda of the meeting in that notice.
c. If there is no quorum in the first call of the general meeting and in second call again there is no quorum then the present number would be regarded valid for quorums.

19. Special General Meeting.
a. If a majority of a general meeting deems it necessary to call a special general meeting then if can call one at any time.
b. If 25% of members apply showing reasonable grounds to the president then within a month a special general meeting should be called.
c. In such special general meeting only said agenda can be discussed.
d. If it is to be called a second time because of a lack of quorum then the procedure of the special general meeting would be as determined by the executive committee.

20. Quorum : The quorum of the general meeting would be the presence of 51% members. The quorum for special general meeting would be 25% of members with voting rights. But if the 1st call of a general meeting lacks a quorum then in a second call, the number of members present will be regarded as quorum.

21. Functions, duty and right of general meeting:
The functions, duty and rights of a general meeting would be the following :
a. To evaluate all the yearly functions of the trust.
b. To direct and advise the executive committee.
c. To make the necessary policies to achieve the objective of the trust.
d. To approve the annual budget of the trust.
e. To discuss and approve annual report, balance-sheet and auditor's report presented by the executive committee.
f. To amend the constitution.
g. To agree an annual programme.
h. To elect a new executive committee.
i. To appoint an Auditor for the coming fiscal year.
j. To give necessary direction to the executive committee.

22. Formation of the executive committee.
(a) The general meeting shall elect following 7 (seven) member executive committee comprising the following offices for 3 years.

1. President - 1
2. Vice-President - 1
3. Secretary - 1
4. Under Secretary - 1
5. Treasurer - 1
6. Member - 2

(b) The vacated post of the President before the end of his tenure is filled by the general meeting for remaining time and other office bearers and members are filled by the executive committee.

(c) Vacation of membership:
The post of the office bearer and member would be regarded vacated on the following conditions.
i. In the case of death.
ii. End of the tenure.
iii. Approval of the resignation.
iv. By vote of no-confidence.
v. In the case of dissolution of the Trust.
vi. To be absent continuously 3 times without giving pre-notice to the executive committee. But one should not be deprived of an opportunity to submit one's clearance.
vii. If general membership is finished in any cause.
viii. If proved mentally disordered.

23. The rights, duties and function of the executive committee.
The rights, duties and functions of the executive committee are as follows:
a. To execute programmes approved by the general meeting.
b. To collect financial resources.
c. To make rules and to execute them for the sake of financial, administrative and other management priorities.
d. To conduct, control and protect the property of the trust.
e. To appoint employees for the Trust and to set their terms and conditions.
f. To prepare the progress report of the trust and to present it to the general meeting.
g. To perform other functions as directed by the general meeting.
h. To appoint an election officer.
i. Except the president if any office-bearer's or member's post is vacated before completing his tenure of his / her office then to fill it from among the member only untill the general meeting.
j. To do other necessary work to fulfill the objective of the Trust.
k. If it feels that any member of the Trust has worked against it's interest than it can decide to terminate his / her membership. But such member may not be deprived to give his / her opportunity to defend their position.

24. Meeting of the executive committee.
a. The meeting of the executive shall be held as directed by the president in the office of the trust at least 6 (six) time in a year. Any decision of the executive committee would be generally by simple majority. The quorum is more than 50%.
b. The office bearers of the executive may resign before the President and the President may resign before the executive committee and such resignation may be approved by the President & the executive committee.

25. Other Committees.
a. Advisory Board (Committee) : The executive committee if it feels the need may constitute an advisory board of no more than 5 members to achieve the objectives at the trust. The tenure, work, duty and other things of the advisory board should be as prescribed by the executive. The members of the board may be changed by the executive as per need.
b. Formation of sub-committees : The executive may form different sub-committees by it's decision to execute the objective as required.

CHAPTER – 6

26. Functions rights and duties of the office bearers.
a. Functions, rights & duties of the president:
i. To chair the meeting at general meetings and the executive committee.
ii. To direct and control the executive and its office bearers in the interest of the trust.
iii. To open a bank account having the signature of treasurer and secretary.
iv. To represent the trust on different national or international programmes.
v. To divide work among the office bearers and executive members.
vi. To represent the trust to the court or other entity in case of litigation on behalf of the trust.
vii. To direct any one to do the functions of executive members or office bearers in case of absence.
viii. To direct the Secretary to call meetings.
ix. To cast a deciding vote.
x. To be present in every meeting of the executive committee.

b. The following are the rights, duties and functions of the vice-president:
i. To do all works of the president in his absence.
ii. To cooperate actively with the president to achieve the objective of the executive.
iii. To do all other work given by the president and the executive.

c. The following are the functions, rights and duties of the Secretary:
i. To call meetings as under the direction of the president.
ii. To make agendas for the meetings and to present programmes for each coming year.
iii. To minute every meeting's decisions & to correspond on behalf of the trust.
iv. To keep the trust's stamp and documents systematically.
v. To execute the decisions of the meetings.
vi. To keep a record of the movable & immovable property of the trust.
vii. To do other works under the direction of the president.
viii. To do given work.
ix. To be present in the office regularly.

d. The following are the rights, duties and functions of the under-secretary.
i. To do all work of the secretary in case of his absence.
ii. To co-operate with the secretary actively to achieve the objective of the executive.
iii. To do other work given by the secretary or the executive.

e. The following are the rights, duties and functions of the treasurer.
i. To maintain balance-sheet(s) systematically and to take complete responsibility for fiscal administration.
ii. To present the profit & loss of the trust to the executive & general meeting.
iii. To endeavor to make the trust financially strong.
iv. To do other given works.

f. The following are the functions, rights and duties of members.
i. To do trust's work under the direction of the president.
ii. To execute the decisions of the meetings.
iii. To be present in every meeting of the executive.
iv. To endeavour always to achieve the objectives of the trust.
v. To do other given works.

27. Resignation :
The president may resign before the executive and the executive committee may resign before the president. Other members & coordinator of other committees may resign before the president and resignation may be approved in an order as maintained above.

CHAPTER – 7

28 Fiscal Management :
a. The following amounts would be in the fund of the trust.
i. Fees obtained from membership and renewals.
ii. Grants & assistance obtained from individual & International Institutions subject to the consent of HM Government of Nepal.
iii. Grants & assistance obtained from HM Government of Nepal and its agents or committees.
iv. Grants & assistance received from any individual, association, club or Committee.
v. Money received by the trust's own programmes.
vi. Goods, movable & immovable property of the trust.
vii. Money raised from it's own property.
viii. Financial help given by different individuals and associations at the time of it's incorporation.

b. Fund and it's running.
i. There shall be a separate fund of the trust. Money obtained in any way is deposited in a Bank account. Goods shall be recorded in a register as an asset of the trust.
ii. The fund of the trust shall be run following fiscal rules approved by the general meeting.
iii. The running of the fund should require the joint signatures of the president, or secretary or treasurer. It would be fixed by the executive.
iv. There shall be a 'non-expendable fund' of cash owned by the trust. Using the Bank interest the trust shall distribute prizes or use it towards other objectives of the trust.

c. Record of the movable and immovable property.
The record of the immovable property should be updated and recorded. Such records should be signed by the secretary and treasurer.

d. Auditing.
The property of the trust should be audited by the registered auditor within two months of every fiscal year and the report of the auditor should be presented before the relevant local authority, social council & other concerning body.

CHAPTER-8 Miscellaneous

29. (a) About Elections.
i. The executive shall have to form an election committee having one election officer & another two members to conduct elections at least one month before the tenure of the executive expires.
ii. Such election committee shall have to complete the election one month before the expiration of the tenure of the executive.
iii. The election committee shall have to do so as per the rules approved by the trust's general meeting. If such rules are not in existence then the election committee shall have to do in accordance with the process, policy & principle given by the executive. If it is not determined by the executive then the election committee can conduct it's business making it's own rule.
iv. The outgoing executive committee shall have to hand over all the funds, accounts, cash, goods & bank account details to the newly elected executive within 15 days of the election.
v. If in case an election could not be conducted then the executive or 15% of the members may call a special general meeting. Such special general meeting may elect new office-bearers with a majority decision. Such special general meetings may decide the process of election for all those stated in the constitution. Such election procedure would be regarded as under article 29(a) of the constitution.

b. Voters & Candidates.
i. The general, founder & life long members who have renewed their membership should be eligible to vote & able to be candidates.
ii. The election committee, honorary members & employees of the trust would not be voters or candidates.
iii. To be an office bearer one must have 2 years working experience as a member of the executive.

30. Motion of vote of no-confidence.
i. The motion of vote of no confidence may be registered by the 1/3 member of the trust against any executive member or office bearer. After the registration of such motion the president shall have to call a general meeting if it is against the president then the vice-president shall have to call general meeting within 15 days of it's registration.
ii. There shall be an opportunity to provide defence to the charged one.
iii. If 51% of the total member would be in favor of the motion or 2/3 number of the present member would be in favor of the motion of vote of no confidence then it is regarded as passed & such office bearer or member would be regarded automatically removed.
iv. In the special general meeting on the motion of vote of no confidence, the chair person would be president except if it is against him then the Chair person of the meeting would be vice-president. In case both are not eligible to chair the meeting then the meeting may select the chair person to chair the meeting.
v. If any motion of vote of no confidence is failed against him no motion of vote of no confidence may be registered within 6 months.

31. Amendment of the constitution.
If there is a need for any amendment of the constitution one must be proposed giving reasonable grounds before the general meeting. If a 2/3 majority would be in favour of the proposal then the constitution would be regarded as amended and such amendment would be implemented subject to the approval of the relevant local authority.

32. Dissolution.
In case of the trust becoming unviable and no longer able to function - requiring dissolution, then the whole assets of the trust go to the HM Government of Nepal.

33. Inactiveness.
If the constitutional rules or regulations of the trust are against the prevailing laws of Nepal then such provisions would be inactive to that extent.

34. The trust must function as its constitution without violating prevailing Nepalese laws and under the direction and policy of HM Government of Nepal.

35. Interpretation
The executive committee can interpret it's constitution, rules and regulations subject to the prevailing Nepalese laws.

36. To maintain the secrecy of the trust
The members, office bearers and the executive committee shall have to keep it's activities secret.

37. The trust will function completely separately from political activities.

38. Rule making
The general meeting may make rules and implement them without violating it's constitution and prevailing laws of Nepal and a directive can be made and implemented as under it's constitution, rules and regulations.

39. Abiding by Local Authorities
To follow the directives of the local authority is the duty of the trust.

40. If same named trust is registered before it's registration then it's name is amended by the amendment procedure.

41. Founder committee and it's function
(1) The persons who have signed this constitution are an ad hoc committee and they have to work from the registration of the trust to the election.
(2) within 6 months of the registration the ad hoc committee shall have to elect an executive committee and shall have to inform the local authority.
(3) The following are the names of the Chairman and members of the adhoc committee.

(1) President - Gopal Prasad Bhusal
(2) Vice- President - Biplab Poudel
(3) Secretary - Yogendra Bikram Thapa
(4) Under Secretary - Chandrawati Thapa
(5) Treasurer - Gita Bhusal
(6) Member - Basanti Devi Poudel
(7) Member - Meena Kumari Pandey

Schedule - 1

The Stamp of this trust shows a circle in which is written "MOUNTAIN TRUST KATHMANDU, NEPAL". In the middle of the stamp there is a sketch of himalayan peaks, below which "TRUST" is written.