1

District Watershed

Development Agency

(DWDA)

under

INTEGRATED

WATERSHED

MANAGEMENT

PROGRAMME.

Memorandum of Association

2

1. Name of the Society: The Society will be known by the name of District Watershed Development Agency (DWDA) under Integrated Watershed Management Programme, district Kangra Himachal Pradesh.

2. Location of the Office: The registered office of District Watershed

Development Agency (DWDA) shall be at the District Headquarter Dharmshala

3. Jurisdiction: The area of operation of the society shall be

the district Kangra Himachal Pradesh. 4. Aims & Objectives:

1) To undertake all possible steps required for identification of Project areas, preparation of Preliminary Project Reports (PPRs), Detailed Project Reports (DPRs) and smooth implementation of projects under IWMP.

2) To enhance livelihood security in rural areas of the district by providing

employment, livelihood opportunities and development of Natural Resources. 3) To administer the funds received from the Government of India as well as from

the State Government/ SLNA for the purpose of Integrated Watershed Management Programme.

4) To undertake the steps for economic upliftment of rural people including BPL

households inhabitants of the project area of district and to provide gainful employment and self employment opportunities.

5) To gear up E-governance in the Rural Areas of the district. 6) To promote the activities of the Rural Development Department in the district

and undertake steps for capacity building of all the stakeholders involved under IWMP projects and arrange for their exposure visits as and when required.

7) To implement the Watershed Projects, completion of projects within time

period, convene regular meeting with District Level Resource Group, Monitoring of project wise progress, reporting including online reporting to the SLNA / GOI.

8) Timely submission of proposals for release of next installments of funds,

3

9) To arrange for Evaluations / studies and impact assessments having bearing on the rural development and effective service delivery in rural areas of the district.

10) To work out the overall capacity building strategy for capacity building of

various stakeholders within the district. 11) To undertake all possible steps to ensure overall development, Environment

building, cleanliness and hygienic condition in project areas of the District. 12) To undertake such other activities as are incidental to or conducive to the

development of rural area. 5. Pursuant to the aforesaid objectives of District Watershed

Development Agency (DWDA) may:

a) Accept grants of money, securities or property of any kind and undertake and except the management of any endowment, trust funds or donations not in consistent with the objectives of the society on such terms & conditions which are in consonance with the objectives of District Watershed Development Agency (DWDA) and those other requirement as prescribed either by the Government of India or by the Government of Himachal Pradesh from time to time.

b) To fill up administrative, technical, ministerial and other posts

including outsourcing and make appointments there to in accordance with the rules or regulations approved by the SLNA / Govt . Provided that creation of any post shall not be undertaken unless it is approved by the Finance Department of Himachal Pradesh Government.

c) Shall vest all property moveable or immoveable in the General Body

Council of District Watershed Development Agency (DWDA). d) Establish an employee’s provident fund if required for the benefit of

incremental and any other section of District Watershed Development Agency (DWDA) thereof.

e) Make rules and by laws for the conduct of the affairs District

Watershed Development Agency (DWDA) so as to add or amend, vary or rescind them from time to time, provided that pending formal adoption of separate service rules, by law etc. by District Watershed Development Agency (DWDA), the service conditions of the officers and employees of the District Watershed Development Agency (DWDA) shall be regulated by the instructions issued by the H.P. Government or amended by H.P. Government from time to time.

f) Do all such lawful acts and things whether incidental to the objectives in force or not as may be requisite for the fullfillness of the objectives of the District Watershed Development Agency (DWDA).

4

g) Do all such other lawful acts and things either along or in conjunction

with organisation or persons as may be considered necessary, incidental or conducive to the attainment of the above objectives.

h) May avail the services of the consultant expert or resource personnel

deputed by employing or offering contracts as per guidelines of funding agency.

i) Studies and research programmes conducted by District Watershed

Development Agency (DWDA) shall also be open to the persons of sex, religion, creed, caste or class.

j) May generate resources in order to bring financial sustainability

through selected services permitted to the beneficiaries. k) Income & property of District Watershed Development Agency

(DWDA), however divided, shall be applied towards the promotion of the objects as set forth in this memorandum of association. No portion of income and property of District Watershed Development Agency (DWDA) shall be paid or otherwise transfer directly or indirectly by way of dividend bonus, or otherwise howsoever by way of profit to persons who at any time are or have been members of District Watershed Development Agency (DWDA) or to any of them or to any person claiming through them or any of them. Provided that nothing herein shall prevent the payment or remunerations to person in return from services rendered to the District Watershed Development Agency (DWDA) including traveling allowance, halting allowance and other similar charges etc.

l) Sell, lease, exchange and otherwise transfer any portion and

proportions of society as may be consider necessary by the District Watershed Development Agency (DWDA) with the prior approval of H.P. Government to the attainment of above objectives.

m) If on winding up or dissolution of District Watershed Development

Agency (DWDA), there shall remain after the satisfaction of its debts and liabilities any property whatsoever, the same shall not be paid to the distributor among the members of District Watershed Development Agency (DWDA) or any of them but shall be transferred back to the Rural Development Department of Himachal Pradesh.

5

DECLARATION We the undersigned persons in the memorandum have formed into an association

and responsible to run the affairs of Association and desirous of the getting the

society register under “Himachal Pradesh Registration of Societies Act, 2006

(Amended)”.

Sr No

Name of the office bearers (In Block letter)

Age Designation in the Society

Occupation

Address Signatures

1. RAM SWAROOP GUPTA Deputy Commissioner)

56 Chairman Govt. Service

Deputy Commissioner Kangra Himachal Pradesh.

2 PRIYATU MANDAL Project director

Member Secretary

Govt. Service

Additional Deputy Commissioner Kangra

3. Dr. HARISH GAJJU Project Officer)

Member Govt. Service

Project Officer DRDA Kangra Government of Himachal Pradesh.

4. GAUTAM SHARMA District Planning Officer

Member Govt. Service

District Planning Officer Kangra district

5. ( By Name) Divisional Forest Officer)

Member Govt. Service

DFO Dharmshala

6. Dr. Deputy Director Agriculture

Member Govt. Service

Deputy Director (Agri) District…….

7. ( By name) Deputy Director (Animal Husbandry)

Member Govt. Service

DD (AH)……. District…….

8 (By name) Deputy Director (Horticulture)

Member Govt. Service

D D (Hort.) District…….

9. (By name) District Fisheries Officer.

Member Govt. Service

District Fisheries Officer….. District……

Witness

1.

2.

6

RULES AND REGULATIONS

1. Name of the Society will be “District Watershed Development Agency

(DWDA) for Integrated Watershed Management Programme”. 2. The registered office of DWDA shall be at Dharmshala 3. The DWDA Society will consist of the following members:

i). Chairman Deputy Commissioner Kangra ii) Vice-Chairman ADC district Kangra iii). Member Secretary Project Director district level Project Implementing

Agency Kangra Rural Development Department, Government of Himachal Pradesh.

iv) Member Project Officer DRDA Kangra v) Member District Planning Officer Kangra district vi) Member DFO Dharmshala Govt of Himachal Pradesh vii) Member Deputy Director (Agri) District Kangra viii) Member D.D. (Animal Husbandry) Kangra District ix) Member D.D . (Hort) Kangra District

x) Member Assistant Director Fishriesr Kangra District

4. ROLL OF MEMBERS OF DWDA

The DWDA shall keep a roll of members giving their occupation, address and every member shall sign as the same.

5. TERM OF OFFICE: Where a person becomes a member of the DWDA, by virtue of office or appointment he holds, his membership shall terminate when he ceases to hold that office of appointment and his successor shall get automatic nomination as Chairman/Vice Chairman/Member Secretary and Member as the case may be.

6. CATEGORY OF MEMBERS: The society (The DWDA) shall consist of only Ex- officio Members as detailed in Rule-3 above.

7. ADMISSION FEE AND THE ANNUAL SUBSCRIPTION OR MONTHLY SUBSCRIPTION: There shall be no admission fee, or annual subscription or monthly subscription.

8. ORGANIZATION STRUCTURE:

7

The society shall have two tier structures as under:-

i) General Body. ii) Executive Committee.

(i) GENERAL BODY:

(a). COMPOSITION AND MEETINGS: I. There shall be a General Body of the DWDA, and it shall be comprised of all

the members of the Agency.

II. The annual Governing Meeting of General Body shall be held once a year. The meeting shall be convened by the Chairperson of DWDA.

III. The DWDA shall meet at least once in a quarter of the year.

IV. For the purpose of this sub-rule, each year shall be deemed to commence on

the first day of April and terminate on the thirty first day of March of the following calendar year.

V. Every notice calling a meeting of the General Body shall state the date, time

and place where meeting will be held and shall be served upon every member of the General Body not less than fifteen clear days before the day appointed for all the meetings.

VI. The accidental omission to give the notice to or the non receipt of the notice

by any member or other person, to whom it should have been given, shall not invalidate the proceeding at the meeting.

VII. The chairman may convene a special meeting of the General Body whenever

he thinks fit and shall do so on the written requisition of not less than one third of the members of the DWDA, For such a special meeting every member shall be given not less than seven clear days notice.

VIII. In the absence of the Chairman, the Vice-Chairman shall preside over the

meeting of the General Body and in the absence of both the Chairman and the Vice Chairman, by any other member authorized in this behalf by the Chairman.

IX. 60% members of the General Body shall form the quorum. The fraction shall be rounded off to the nearest whole number for the determination of the quorum. No quorum shall be required for an adjourned meeting which may be held at the appointed place not less than two hours after the appointed time without further written notice.

X. All disputed questions at meeting of the General Body shall be determined by

voting as decided by the chairman.

8

XI. Each member of DWDA shall have one vote.

XII. In case of an equality of vote, the person presiding over the meeting shall

have the right to cast his decisive vote. XIII. The Chairman may invite any person other than a member to attend the

meeting of the DWDA however such invitee shall not have a right to cast his vote.

XIV. The DWDA shall not withstand any vacancy therein and not withstanding any

defect in the appointment/ nomination of any member. No Act or proceedings of the DWDA shall be invalidated or nullified merely by reason only of the existence of any vacancy therein or any defect in the appointment/ nomination of any member.

XV. Where for any reason, it is not possible for the General Body to meet, any

business of urgent nature may be carried out, by taking the approval of the Chairman after having recommendations of the Executive Committee, provided the Ex-Post facto approval of the General Body shall be obtained at its next meeting.

(B) FUNCTIONS AND POWERS OF GENERAL BODY OF DWDA:

The General Body shall have the following powers and functions to perform:-

1. Observe the provisions of the memorandum of association, rules and such instructions of the Govt. of India as well as of the Govt. of H.P. dealing with the affairs of the Watershed Development Projects as may be issued from time to time.

2. Exercise general control and issue such direction for the efficient

management and administration of the affairs of the Watershed Development Projects, as may be necessary.

3. Nominate members of the Executive Committee in accordance

with the rules. 4. Approve the annual budget of District Watershed Development

Agency (DWDA), prepared by the Executive Committee and shall submit the same to the SLNA / State Govt./ Govt. of India for sanction of Govt. grants.

5. Consider the annual report approved by the Executive

Committee.

9

6. Consider the balance sheet and audited accounts for outgoing year.

7. Frame bye-laws not inconsistent with these rules and the

memorandum of association for the management, administration and regulation of the business of the DWDA, for the furtherance of its objectives.

8. To perform such other functions as are entrusted to it under these

rules/ guidelines.

The General Body may by resolution delegate to its Chairman or to its Secretary or to any other officer of the DWDA such of its powers for the conduct of business as it may deem fit subject to the condition that the same shall have to be placed for confirmation of the General Body in its next meeting.

(ii) THE EXECUTIVE COMMITTEE: There shall be an Executive Committee to be constituted by the District Watershed Development Agency (DWDA) for the efficient management of the functioning of the society. (A) COMPOSITION AND MEETINGS:

i).The Executive Committee of DWDA will consist of the followings:-

a) Deputy Commissioner –cum- CEO DRDA Kangra who shall also be the Chairman of Executive Committee.

b) Project Director of DWDA of district Kangra shall also be the member

Secretary of the executive Committee of DWDA.

c) Project Officer DRDA Kangra

d) Divisional Forest Officer Dharmshala Himachal Pradesh. e) District Planning Officer Kangra

f) Deputy Director Agriculture of district Kangra Himachal Pradesh

Government.

g) Deputy Director (Animal Husbandry) district Kangra Himachal Pradesh Government.

h) Deputy Director (Hort.) district Kangra Himachal Pradesh

Government.

i) District Fisheries Officer district Kangra Himachal Pradesh.

10

ii). Provided that the members of the Executive Committee specified in sub-clauses above are duly nominated by the DWDA.

iii). If any member of the Executive Committee ceases to be a

member of DWDA, he shall automatically cease to be a member of the Executive Committee.

iv). The Executive Committee shall function notwithstanding any

vacancy therein and notwithstanding any defect in the appointment/nomination of any member. No act or proceeding of the Executive Committee shall invalidated or nullified merely by reason only of the existence of any vacancy therein or of any defect in the appointment/ nomination of any member.

v) A member of the Executive Committee shall cease to be a

member if he/ she fails to attend the three consecutive meetings of the Executive Committee without prior leave of the Chairman.

vi).. Every meeting of the Executive Committee shall be presided over

by its Chairman and in his absence by any other member authorized by the Chairman in this behalf.

vii). 60% members /office bearers of the Executive Committee

present in person shall constitute quorum. The fraction shall be rounded off to the nearest whole number for the determination of the quorum.

viii) For every meeting of the Executive Committee not less than 15

clear days notice shall be given to each member provided that chairman in special circumstances may call a meeting at a short notice.

ix). At least 4 meetings of the Executive Committee shall be held in

each Year.

x). For the purpose of the last sub-rule each year shall be deemed to commence from first day of April and terminate on the 31st day of March of the following calendar year.

xi). Each member of the Executive Committee including the Chairman

thereof shall have one vote and in case of equality of votes its chairman or in his absence the person presiding over the meeting shall have the right to cast an additional vote.

xii). The Chairman of the Executive Committee may himself call or

by a requisition in writing signed by him may require the Secretary to call a meeting of the Executive Committee at any time.

11

xiii). The Chairman of the Executive Committee may invite any person other than a member to attend a meeting of the Executive Committee. However such invitee shall not have a right to cast his vote in the meeting.

xiv). Any business which is of urgent nature may be carried out by

circulation amongst all its members and any resolution so circulated and approved by the majority of the members signing shall be as valid and binding as if the resolution had been passed at a regular meeting of the Executive Committee provided that at least three members have recorded their views on the resolution.

(B) FUNCTIONS AND POWERS OF THE EXECUTIVE COMMITTEE:

I Subject to the general control and directions of the DWDA, the Executive Committee shall be responsible for the management and administration of the day today affairs of the DWDA, in accordance with these rules and the bye-laws made there under for the furtherance of its objectives and shall have all powers which may be necessary or expedient for the purpose.

II The meetings of the Executive Committee shall be presided over

by the Chairman of the District Watershed Development Agency (DWDA) and in his absence by any other member as authorized by the Chairman of the Executive Committee in this behalf.

III Without prejudice to the generality of the foregoing sub-rule, the

Executive Committee shall perform the following functions:-

a. Prepare and execute detailed plan and programmes of the furtherance of the objectives of the DWDA.

b. Engage and control such staff other than those for whose

appointment specific provisions has been made elsewhere, as may be required for the efficient management of the affairs of the DWDA, and regulate the requirement and conditions of their services.

c. Receive and keep funds of DWDA in safe custody as per

rule and manage the properties of the DWDA. d. Execute contracts, collaboration agreements,

general/special instruments, service arrangements, arrangements containing arbitration clause, indemnity bonds, deed in respect of or connected with sale/lease licenses, mortgage, hypothecation or other deeds of a legal character of whatever description, powers of attorney, enforce any other legal rights and incur other

12

legal expenses, provided that these powers are exercised for and on behalf of the DWDA.

e. Purchase, hire, take on lease, exchange or otherwise

acquire a property moveable or immoveable or sell, hire, lease, exchange or otherwise transfer or dispose of all or any property, moveable or immoveable of the DWDA. Provided that for the transfer of immoveable property, the prior approval of the Government of H.P shall have to be obtained in that behalf.

f. Accept the management of any endowment trust, fund,

subscription or donation, provided that it is not attended by any condition inconsistent or in conflict with the object of the DWDA.

g. Prepare the annual budget of the DWDA to be submitted

for approval of the Governing Council. h. Scrutinize and approve the annual report and balance

sheet and audited accounts of the DWDA for the consideration of the Governing Council;

i. Incur expenditure subject to the provision of the approved

budget. j. Lay down terms and conditions governing, grant-in-Aid

research schemes and projects; and k. Nominate a person or persons to represent the DWDA in

State, national, /inter- national conferences and organizations.

IV. The Executive Committee may by resolution delegate to its Chairman or to the Secretary or to any other officer of the DWDA, such powers for the purpose of conducting business as it may deem fit, subject to the condition that the action taken by such officer under the powers so delegated to him shall be subject to confirmation at the next meeting of the Executive Committee.

V. The Executive Committee may nominate any of its members as treasurer of the society who will be responsible for all the financial transactions relating to DWDA. He shall be responsible to maintain the accounts of the society properly alongwith the vouchers and shall also operate the accounts of the society.

9. THE POWERS AND FUNCTIONS OF THE SECRETARY:

13

i) The Secretary of the Executive Committee shall be the Chief Executive Officer of the society and in this capacity he shall be responsible for proper administration of the office of the DWDA, and shall exercise powers under the direction and guidance of the Executive Committee. He will be the custodian of all the records relating to the society and all correspondence made on its behalf. He will have to take on record all minutes of the proceedings of both the bodies of DWDA and shall convene the meetings with the prior permission of the concerned Chairman he shall also prepare the budget and expenditure statement, Annual Report and Annual Accounts of the DWDA and place it before the Executive Committee of DWDA for its approval. ii) It shall be the duty of the Secretary to coordinate and exercise general supervision over all the activities of the DWDA. He shall also be competent to delegate any of the power conferred upon him to such officer, working under him as may be considered necessary for its efficient functioning. iii) Subject to the provision of the sub clause(i) above , the Secretary shall have full powers on behalf of DWDA to Institute, conduct, intervene, defend, abandon, or compound any suit, appeal, review, revision, writ petition or other proceedings by or against the DWDA or its employee or otherwise concerning the affairs of the DWDA in any court/or quasi judicial authorities, to refer any claims or demand by or against the DWDA for arbitration and observe and perform the award to sign and verify plaints, written statements, Execution and other petitions, applications, affidavits, objections, memorandum of appeal or other pleadings to be filed before any judicial or quasi judicial authorities or arbitrators. He shall be duty bound to execute any decree or order of any judicial and quasi judicial authorities or to satisfy the same and/or release or withdraw money from court, persons or other authorities in execution of such decree or order or to sign Vakalatnamas.

iv) Subject to the provisions of sub clause (i) above, the Secretary of DWDA shall be competent on behalf of the DWDA to execute contracts, collaboration agreement(s), general/special instruments, service agreements/ arrangements containing arbitration clause , indemnity bonds and deeds in respect of or connected with sale/lease/license, mortgage, hypothecation, pledge or other deed(s) of a legal nature of whatever description, power of Attorney , to enforce guarantees or any other legal rights, to incur legal expenses and to act as agent of DWDA for any purpose or what so ever relating to the affairs of DWDA.

14

v) In the absence of Secretary on long leave, deputation in India or abroad or at the time of laying down office, arrangements to look after the duties of the Secretary may be made by the Chairman of the Executive Committee. 10 FUNDS OF THE DWDA

i. The funds of the DWDA shall consist of the following:

a) Administrative cost (10%) as admissible under IWMP Projects. b) Any Grant made by the Central Government or any State Government.

c) Donation and contributions from other sources; d) Fees and charges imposed by the DWDA for services rendered by it; e) Income from investment; and f) Income and receipts from other sources.

ii. The funds shall be spent only for the attainment of the objectives of the Society. iii. The bankers of the DWDA shall be any commercial or nationalized bank. iv. All funds shall be paid into the DWDA accounts with its bankers and shall not be withdrawn except by means of Cheque signed by the Secretary or by such officer as may be duly empowered on his behalf by the Executive Committee. 11. POWERS OF THE GOVERNMENT: In the discharge of its functions, the DWDA shall be guided by instruction issued. Any question of policy as may be given to it by the Government of India/H.P, the decision of the Govt. as to whether a question is or is not a matter of policy shall be final. Such directions shall be in written. 12. AUDIT OF ACCOUNTS: The accounts of the DWDA shall be audited annually by local audit department or through any other such agency as the Executive Committee may decide. The Accountant general, H.P. or any person appointed by him in connection with Audit of Accounts of the DWDA shall have the rights, privilege and authority connected with such Audit as the AGHP has in connection with the Audit of Government Accounts and shall have the right to demand production of body accounts, connected vouchers and other necessary documents and papers.

15

The results of the audit shall be communicated by the Auditor to the DWDA who shall submit a copy of audit report along with its observation to the Ministry of Rural Development, to the Government of Himachal Pradesh as well as to the Government of India as and when required. 13. ANNUAL REPORT An annual report on the working of the society shall be prepared by the Executive Committee of DWDA and all works undertaken in a year together with balance sheet and audited accounts as approved by the Executive Committee shall be placed before the DWDA during its annual general meeting for consideration and approval. 14. OFFICE OF THE DWDA: The office of DWDA shall function from its registered office of District Level Project Implementing Agency Dharmshala District Kangra. 15. SERVICE OF THE NOTICE: A notice may be served upon any member of the DWDA either personally or by post at the address mentioned in the roll of members. 16. ALTERATION OR EXTENSION OF THE PURPOSE OF DWDA: Subject to the provisions of the Registration of Societies Act, 2006, the DWDA may alter, extend or abridge any purpose or purposes for which the Society is established. 17. AMENDMENT OF THE RULES: The rules of the Society may be amended at any time by a resolution when voted by sixty percent of the members present at a special meeting of the DWDA convened for this purpose and confirmed by sixty percent of the members present in accordance with the rules of the Society. 18. WINDING UP: In case DWDA has to windup, the property and funds of the society shall be transferred or paid to the Department of Rural Development Department, Himachal Pradesh. 19. As and when there is any change in the nomenclature of the Department(s), Institution(s) and Designation(s) mentioned in these rules, such change(s) should automatically stand incorporated in the concerned rules.

16

This is to certify that the above is a certified copy of the rules and regulations of District Watershed Development Agency (DWDA) and is as such approved and accepted by us:-

a) Ram Swaroop, Deputy Commissioner, District Kangra

b) Priyatu Mandal, ADC District Kangra

c) Daljit Singh Pathania, Project Director of DLPIA of

District Kangra

d) Dr. Harish Gajju, Project Officer DRDA Kangra at Dharmshala e) Basu Kaushal Divisional Forest Officer, Dharmshala

f) Gautam Sharma District Planning Officer Kangra

g) Subhushan Kumar Bhambota Dy. Director Agriculture

District Kangra

h) Bhawani Shanker Kaul Deputy Director (AH) District Kangra

i) Mehar Singh Deputy Director (Hort.)

District Kangra

j) Satpal Mehta, Assistant Director Fishries, District Kangra

------------------------

17