State Child Labour Rehabilitation cum Welfare Society

Order

Memorandum of Association

Bye-Laws

Members

 

 Copy of

 GOVERNMENT OF TAMILNADU

 Abstract

Formation of the State Child Labour Rehabilitation cum Welfare Society for the implementation of the Action Plan for Elimination of Child Labour in the State of Tamilnadu – Memorandum of Association and Bye-laws – Approved – Registration fee – Sanctioned. ________________________________________________________________________

LABOUR AND EMPLOYMENT (U2) DEPARTMENT

 G.O.Ms.No.116                                                                                             Date:8.10.2003

 Read:

        1. G.O.(Ms) No.155 Labour & Employment Department dt. 23.10.1997

        2. G.O.(Ms) No.53 Labour & Employment Department dt.12.5.03  

        3. From the Commissioner of Labour, Chennai-6 Lr.No.T1/891/03 dt.26.5.03 and even No. dt.3.6.03 and 17.6.03.

        4. G.O.(Ms) No.145 Commercial Taxes Department   dt.6.10.03.

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 ORDER:

1. In the Government order first read above, the Government constituted the District Child Labour Rehabilitation cum Welfare Fund to be administered by the District Child Labour Rehabilitation cum Welfare Societies already constituted under the Chairmanship of the District Collectors concerned.

2. In the Action Plan for Elimination of Child Labour in the State of Tamilnadu, approved in the Government Order second read above, it has been mentioned that a State Labour Rehabilitation cum Welfare Society may be registered under the Chairmanship of the Commissioner of Labour and that Society will be responsible for implementation of the State Action Plan for Elimination of Child Labour.  

3. The Commissioner of Labour in his letter third read above, has sent the proposal for formation of the State Child Labour Rehabilitation cum Welfare Society and the draft Memorandum of Association and Bye-laws of the above Society for approval of the Government.  

4. In the Government Order fourth read above, the Government have constituted the State Child Labour Rehabilitation cum Welfare Society under the Chairmanship of the Commissioner of Labour, exempting the provisions under Section 15(3)(4) of Tamil Nadu Societies Registration Act 1975 and Rule 25 of Tamilnadu Societies Registration Rules 1978, so as to enable the District Registrar to register the above society under the Tami Nadu Societies Registration Act 1975.  

5. The Government have examined the proposal of Commissioner of Labour carefully and accordingly approve the Memorandum of Association and Bye-laws of the State Child Labour Rehabilitation cum Welfare Society annexed to this order.  

6. The Government also sanction a sum of Rs.555/- (Rupees five hundred and fifty five only) towards the registration fee for the registration of the State Child Labour Rehabilitation cum Welfare Society under the Tamilnadu Societies Registration Act 1975.  

7. The expenditure sanctioned in para 6 above shall be debited to the following head of account:-  

“2235. Social Security and Welfare – 02. Social Welfare – 102. Child Welfare Scheme in the 10th Five Year Plan – II State Plan – KF Constitution of Monitoring Cell under the Administrative Control of Commissioner of Labour – 05. Office expenses – 02. Other Contingencies. (DPC.2235-02-102-KF 05233)”  

8. This order issues with the concurrence of the Finance Department  vide its U.O.No.3250/FS/P/03 dt. 26.9.2003.

                                                       M.B. PRANESH

PRINCIPAL SECRETARY TO GOVERNMENT  

To

The Commissioner of Labour, Chennai-6.

The Chief Inspector of Factories, Chennai-5.

The Director, District Primary Education Programme, Chennai-6

The Director of Social Welfare, Chennai-5

The Director of Social Defence, Chennai-17

The Director of Information and Public Relations, Chennai-9

The Director of Medical and Rural Health Services, Chennai-6.

The Commissioner of Municipal Administration, Chennai-5.

The Director General of Police, Chennai-4

The Chief Engineer (Highways and Rural Works) Chennai-5.

The Chief Engineer (PWD), Chennai-5.

The State Representative, UNICEF, Chittaranjan Road , Chennai-18.

The Federation of Employers Association, Chennai

The Federation of Trade Unions, Chennai

The Additional Commissioner of Labour, Chennai-6.

The Inspector General of Registration, Chennai-28

All District Collectors

The Accountant General, Chennai-18.

The Accountant General, Chennai-18. (By name)

The Accountant General, Chennai-35

The Pay and Accounts Officer, Chennai-35.

Copy to:

The Commercial Taxes/Finance/Social Welfare/Information and Tourism/Rural Development/Municipal Administration and Water Supply/Home/Public Works/Health and Family Welfare/Revenue Departments, Chennai-9

The Private Secretary to Principal Secretary to Government, Labour & Employment Department, Chennai-9.

The Private Secretary to Special Secretary to Government, Labour & Employment Department, Chennai-9

The Special Personal Assistant to the Hon’ble Minister for Labour, Chennai-9.

 

// True copy //

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ANNEXURE

MEMORANDUM OF ASSOCIATION OF THE STATE CHILD LABOUR REHABILITATION CUM WELFARE SOCIETY

1. Name of the Society:- The name of the Society shall be “STATE CHILD LABOUR REHABILITATION -CUM -WELFARE SOCIETY” (hereinafter called the “Society”).  

2. Registered Office: The Registered office of the Society shall be situated at the office of the Commissioner of Labour, Teynampet, Chennai-600006.

3. Area of Operation:-The area of operation shall be geographical area of the State of   Tamilnadu.

4. Aims and objectives of the Society:-

The aims and objectives of the Society shall be-  

1)   The Society shall be responsible for implementation of the State Action for Elimination of Child Labour.

2)   The Society shall monitor the activities relating to the implementation  of the Action Plan

3)   To act as the State Nodal Agency for planning, implementation and monitoring  of all activities relating to eradication of child Labour.

4)   The Society shall also coordinate and monitor the convergence of services and effotrts of the core departments  of Government , NGOs, CBOs, Corporate sector and local bodies, as envisaged in the State Action Plan.

5)   To organize Training Programme for Government Officials/Non Government  Officials and Local Bodies at   State and District levels.

6)    To generate awareness on the issue of child labour through all media.

7)   To take all such other steps as may be necessary for the implementation of the Action Plan.

5. Functions of the Society:-

The Society shall perform the following functions namely:-

1)   The Society shall maintain accounts for the funds it receives.

2)   To  release funds to the District  Child Labour Rehabilitation-cum-Welfare  

Society  based on the proposal and monitor the receipts and utilization of funds  and the activities of the District Child Labour Rehabilitation -cum - Welfare Society.

       3)   The Society shall  monitor the activities relating to the implementation of the Action Plan by the District Child Labour Rehabilitation-cum-Welfare Society.

4)   The Society may receive funds from the Government of India or the Government of Tamilnadu for furtherance of the aims and objects of the Society. The Society may receive contributions   from Community/private/corporate agencies and also other National and International  Organisations working for the welfare of children.

5)   Making of bye-laws:- The Society shall make bye-laws for conducting the affairs of the Society and shall add to, amend, vary or rescind them from time to time.

6. Maintenance of accounts of the Society:-

The Society shall maintain at all times the accounts of the Society

7. Investment of the Funds:

The Society shall invest the funds wherever necessary in any Nationalised Banks or the Banking institutions approved by Government.

8. Property and assets:

All the incomes, earnings, movable or immovable properties of the Society shall be solely utilized towards promotion of its aims and objectives only as set forth in the Memorandum of Association and no portion thereof shall be paid or transferred directly by way of dividends, bonus, profit, or in any manner whatsoever, to the present or past members. No member of the Society shall have any personal claim on any movable or immovable properties of the Society or make any profit whatsoever by virtue of his membership.

9. Governing Body:

The names, addresses, occupation and designation of the present members of the Governing Body to whom the bye-laws of the Society, the management of the affairs of the Society is entrusted, as required by sub-clause(c) of clause (ii) of Section 6 of the Tamilnadu Societies Registration Act,1975   (Tamilnadu Act 27 of 1975) are as follows:  

S.No

Occupation

Designation in the Society

1.

Commissioner of Labour

Chairman

2.

Chief Inspector of Factories

Member

3.

Director, District Primary Education Programme/Sarva Sikshya  Abiyan

Member

4.

Director of Social Defence

Member

5.

Director of Social Welfare

Member

6.

Director, Information & Public Relations Department

Member

7.

Director of Rural Development Department

Member

8.

Director of Medical& Rural Health Services

Member

9

Commissioner of  Municipal Administration

Member

10

Additional Director General of Police

Member

11

Chief Engineer, Highways& Rural Works Department

Member

12

Chief Engineer, Public Works Department

Member

13

State Representative, UNICEF 

Member

14

One representative from Federations of Trade unions

Member

15

One representative from Federations of Employers Associations

Member

16

One representative from Campaign Against Child Labour (CACL)

Member

17

Additional Commissioner of Labour (Child Labour)

Member-Secretary

 

In cases, where there is any change in the incumbents of the above positions, their successors shall be deemed to have replaced them.

 A copy of the byelaws of the Society certified to be a correct copy by three members of the Governing Body is filed with this Memorandum of Association.

 We, the several persons whose names and addresses are given below, having associated ourselves for the purpose described in this Memorandum of Association of the State Child Labour Rehabilitation cum Welfare Society, do hereby subscribe our names to this Memorandum of Association and set our several and respective hands hereunto and form ourselves into society under the Tamilnadu Societies Registration Act,1975 (Tamilnadu Act 27 of 1975).

                      This                        day of                 2003. 

Sl.No.

Name and Address of

the member

Occupation or

Designation

           Signature

Signature of witness

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Place:

Date:

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BYE-LAWS

  1. Short Title:

These bye-laws shall be called the State Child Labour Rehabilitation-cum-Welfare Society Bye-Laws.

  1. Definition: 

  In these bye-laws unless the context otherwise requires-

            i.  'Act’ means the Tamil nadu Societies Registration Act 1975                     (Tamil Nadu Act 27 of 1975).

             ii.  'Appropriate Government’ means, the Government of Tamilnadu

            iii.  'Chairman’ means the chairman of the Society.

            iv.  'State’ means Tamilnadu State .

             v.  'Governing Body’ means the Governing Body of the Society.

            vi.  'Society’ means the State Child Labour Rehabilitation-cum-Welfare Society.

  1. Address of the Society:

The Society shall be situated at the office of the Commissioner of   Labour, Teynampet, Chennai-600006.

  1. Date of formation of the Society:

The Society was formed on the ……………………

  1. Registrar of the Society within whose jurisdiction, the office of the Society is situated:

The Office of the Society is situated within the jurisdiction of the  District Registrar.

  1. Business Hours of the Society:

The working hours of the Society shall be from 10.00 a.m. to     5.45 p.m. on all working days.

  1. The objectives of the Society:

      The objectives of the Society shall be-

1)    The Society shall be responsible for implementation of the State Action Plan for Elimination of Child Labour.

2)   The Society shall  monitor the activities relating to the implementation  of the Action Plan to act as the State Nodal Agency for planning, implementation and monitoring  of all activities relating to eradication of child Labour.

3)   The Society shall also coordinate and monitor the convergence of services and effotrts of the core departments  of Government, NGOs, CBOs, Corporate sector and local bodies, as envisaged in the State Action Plan.

4)   To  release funds to the District  Child Labour Rehabilitation-cum-Welfare Society,  monitor the receipts and utilization of funds and the activities of the District Child Labour Rehabilitation-cum-Welfare Society.

5)   To organize Training Programme for Government Officials/Non Government  Officials and Local Bodies at   State Level and District Level.

 6)      To generate awareness on the issue of child labour through mass media,  print media  etc.,

 7)      To mobilize funds from the Government of Tamilnadu, National and International Organisations working for children, community/Private and Corporate Agencies.

8)   To take all such other steps as may be necessary for the implementation of the Action Plan.

 

  1. The activities of the Society in furtherance of its objectives:

        In pursuance of the above objects, the functions of the Society shall    be-

1)   to undertake all activities that may be necessary for implementation of the objects of the Society;

2)   to create duly empowered administrative mechanism through which the convergence of services and efforts of the core Government departments, NGOs, CBOs, Local Bodies, Corporate sector etc for achievement of the objectives  set out.

3)   to undertake all efforts with the assistance of the above administrative mechanism to   deposit or invest the fund referred to in  high yielding scheme of  any Nationalised Bank or other public body and open one or more accounts therein as approved by the Chairman of the Society so as to earn adequate income to enable the Society to fulfill its responsibility.

9). Authority of the Society:

The Authority of the Society shall be vested in  the Governing Body.

10). Rights, Powers and Duties of the Governing Body:

  1. All property, movable, immovable or of any kind, shall vest in the Governing Body.

  2. The Governing Body shall have all such powers and shall perform all such functions as are necessary or proper for the achievement or furtherance of the aims   and objectives of the Society.

  3. The Governing Body shall-

(a) prepare and execute detailed plans and programmes for the  establishment and development of the Society and for carrying on its activities, administration and management.

(b) receive

  1. grants from the Government of India and Government of Tamilnadu for furtherance of the aims and objectives of the Society; and

  2. Contributions from sources other than those mentioned in item (i) directed towards the attainment of the aims and objectives of the Society.

( c ) prepare annual reports, financial statements of accounts, financial estimates of the Society.        

(d) enter into agreement for and on behalf of the Society.

(e) sue and be sued and defend all legal proceedings of the Society.

(f) make sign and execute all such documents and instruments as may be necessary or proper for carrying on the management of the property or affairs of the society.

(g) perform all such acts and do all such things as may be necessary for the proper management of the properties and affairs of the Society.

(h) appoint auditors of the Society.

11. Meetings of the Society:

Subject to the provisions of the Act, the Society shall meet whenever required by the Chairman or at least twice a year.

12. Special Meetings:

The Chairman of the Society may convene special meeting of the Governing Body to consider any matter of special importance or urgency or on the written requisition of not less than one third of the members of the Governing Body specifying the purpose for which the meeting is proposed to be called for.

13. Notice of the Meetings:

Every meeting of the Governing Body shall be convened by notice issued under the hand of the Member-Secretary or any other Officer of the Society so authorized in this behalf.  Every notice calling for the meeting of the Governing Body shall be issued to every member not less than twenty one  days before the day fixed for the meeting except in the case of special meeting where notice shall be issued seven days before the day fixed for the meeting.

14. Quorum:

One third of the members of the Society including the Chairman present in person shall constitute the quorum for any meeting of the Governing Body.  Provided that no quorum shall be necessary in respect of an adjourned meeting.

15. Presiding Officer:

The Chairman of the Society shall ordinarily preside at all the meetings of the Governing Body.  In the absence of the Chairman, the Member-Secretary shall preside.  In the absence of the both the Chairman and the Member-Secretary, the members present shall choose one from amongst themselves to preside over the meeting.

16. Voting:

In case of difference of opinion amongst the members on any matter under discussion in a meeting, the opinion of the majority present shall prevail.

The Governing Body shall function notwithstanding that any person entitled to be a member by reason of his office is not represented on the Governing Body for the time being.  The Proceedings and actions of the Governing Body shall not be invalidated by the above reason or from the existence of any vacancy or any defects in the appointment of its members.

Should a person nominated or selected as a member of the Governing Body be prevented from attending a substitute to take his place at that meeting may be nominated or elected by the authorities who nominate and elect the member.  Such a substitute shall be entitled to take part in the proceedings of the meeting, but shall not be entitled to vote.

17. Functions of the Office bearers:

The functions and powers of the Office Bearers shall be as follows:

(1)   The Chairman:

a)   The Chairman shall, whenever present, preside over the meetings of the Governing Body.

b)   The Chairman shall coordinate and exercise general supervision over the activities of the members of the Governing Body of the Society.

c)   In case the votes for and against a particular issue are equal, the Chairman shall exercise his casting vote.

d)   The Chairman may direct the Member-Secretary to call a special meeting at a short notice in case of emergency.

e)   The Chairman shall be the sole and absolute authority to judge the validity of the votes cast by members at all meetings of the Governing Body.

     2) Member Secretary:

a)   The Member Secretary shall be responsible for the day to day management of the affairs of the Society subject to the terms and    conditions of the Governing Body.

b)   He shall be responsible for the management of staff of the Society.  He shall exercise control and discipline over the employees of the Society.

c)   He shall verify all bills and countersign them before presenting them to    the Nationalised Bank or other public body wherein the account of the  Society is operated, for payment.  He shall maintain proper books and  accounts for the fund received and expended by the Society.

d)   He shall arrange for the audit of the accounts of the Society by the  auditors appointed by the Governing Body of the Society.

e)   He shall convene the meetings of the Governing Body, the annual General  Body Meeting, the extraordinary General Body Meeting etc.  He shall prepare the Agenda for the meetings for the circulation to the concerned members.  He shall circulate the approved minutes of the  meetings.

f)     He shall sign all Deeds and Documents on behalf of the Society according to the directions of the Governing Body.

g)   He shall present the report of the meetings of the Governing Body.

h)    He shall sue or be sued and defend the Society in all level proceedings.

i)    Any document or proceeding  requiring authentication by the Society shall  be signed and sealed by the Member Secretary.

j)    He shall be responsible for the execution of all policies adopted indifferent meetings.

(3) Financial powers of the Member Secretary:

a)   The Member Secretary can incur any extraordinary expenditure subject to the ratification of the Governing Body within three months of such expenditure.

b)   The Member Secretary can do all such other lawful acts as may be necessary for the achievement of any or all of the aims and objectives of the Society.

c)    The Member Secretary can sub-delegate any of his functions with the previous approval of the Governing Body, to any Officers of the Society.

18. Funds and activities of the Society:

(1) The funds of the Society shall consist of the following namely:

  1. Grants received from the Government of India or the Government of Tamilnadu for furtherance of the aims and objects of the Society; and

  1. Contributions from any other sources towards the attainment of the aims and objects of the Society.

(2) The income and funds of the Society shall be solely utilized towards the aims and objectives of the society and no portion of it shall be utilized for payment to the members of the Governing Body by way of profit, interest, dividend etc., except remuneration if any, allowed by the appropriate Government.

(3) The Society shall not carry on its activity with the intention of making profit.

(4) The activities of the Society shall be carried out only in the State of Tamil Nadu .

(5) The investment of funds of the Society shall be in accordance with the provisions of clause (d) of sub-section (1) of Section 13 read with sub-section (5) of Section 11 of the Income Tax Act 1961 (Central Act 43 of 1961)

19. Accounts of the Society:

(1)   The funds of the Society shall judiciously be deposited in any nationalized bank or in any of the Banking institutions approved by Government. 

(2)   The bank account of the Society shall be operated jointly by its Member Secretary and Chairman.

20. Financial Year:

The accounting year for the Society shall be from the 1st April to the 31st March of the next year.  The annual income and expenditure accounts and balance sheet of the society shall be presented at the annual general meeting within five months of the close of the accounting year, duly audited by the competent auditor nominated by the Governing Body of the Society.

21. Keeping of Accounts:

 The Member Secretary shall arrange for the proper maintenance of accounts with respect to 17(1)

(1)   all sums of money received and expended by the Society and the matters in respect of which receipts and expenditures  take place;

(2)   all sales and purchases of goods by the Society; and

(3)   the assets and liabilities of the Society.

22. Audit:             

A qualified and competent Chartered Accountant, as approved by the Chartered Accountants Council of India and by the existing Government stipulations,  shall be appointed as Auditor of the Society at its annual meeting of the governing Body and he shall audit the accounts of the Society for the ensuing year.  The Auditor of the Society  shall have access to the books of accounts and vouchers of the society and shall be entitled to require such information and explanation as may consider necessary for the performance of his  duties as auditor.

23. Annual list of Members:

Once in every year, a list of the Office Bearers and members of the Society shall be filed with the Registrar of the Society……………………District.

24. Legal Proceedings:

           The Society may sue or be sued in the name of the Member Secretary as per the provisions of the Act.

25. Amendment:

Any amendment in the memorandum of Association and bye-laws shall be carried out in accordance with the provisions of Section 12 of the Act.

26. Dissolution,  and adjustment of Accounts:

If the Society needs to be dissolved, it shall be dissolved as per the provisions of the Act.  The net amount remaining at the end shall be donated to a Society or trust or institution with similar objects of the Society to be determined by votes of not less than three fourth of the members present  personally, in the meeting of the society convened to consider its winding up or dissolution.

27. Application of the Act:

All the provisions of the Act as applicable to the State of Tamil Nadu shall apply to this Society.

28. Members of the Society:

The following shall be the members of the Society:

S.No

Occupation

Designation in the Society

1.

Commissioner of Labour

Chairman

2.

Chief Inspector of Factories

Member

3.

Director, District Primary Education Programme/Sarva Sikshya  Abiyan

Member

4.

Director of Social Defence

Member

5.

Director of Social Welfare

Member

6.

Director, Information & Public Relations Department

Member

7.

Director of Rural Development Department

Member

8.

Director of Medical& Rural Health Services

Member

9

Commissioner of  Municipal Administration

Member

10

Additional Director General of Police

Member

11

Chief Engineer, Highways& Rural Works Department

Member

12

Chief Engineer, Public Works Department

Member

13

State Representative, UNICEF 

Member

14

One representative from Federations of Trade unions

Member

15

One representative from Federations of Employers Associations

Member

16

One representative from Campaign Against Child Labour (CACL)

Member

17

Additional Commissioner of Labour (Child Labour)

Member-Secretary

 

28. (2) These members shall hold office for three years and shall be eligible for  reappointment.

29.Miscellaneous:

(1)   The Society is irrevocable by the promoters.

(2)   The benefits of the Society are open to all irrespective of castes, religion, etc.

We, the several persons whose names and addresses are given below having associated ourselves for the purpose described in the bye-laws of the…….       State Child Labour Rehabilitation-cum-Welfare Society do hereby certify the bye-laws of the said society to be correct ones and subscribe our names to the said bye-laws and set our several and respective hands hereinto and   form ourselves  into Society under the Tamilnadu Societies Registration Act 1975 (Tamilnadu Act  37 of 1975)  on the ………………day of ……………… 2003)

S.No

Name and address of the Member

Occupation or designation

Signature

Signature of witness

 

 

 

 

 

 

 

 

 

 

 

                                                                 M.B. PRANESH

PRINCIPAL SECRETARY TO GOVERNMENT

 

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