Article- 1

INTRODUCTION

1. Organization Name: Developerss Nepal, in Nepali डेभलपरस नेपाल. Its abbreviation will be DN/ डी एन.
2. Organizational Office Address and Area of ​​Operation:
   1. Organizational Office: Madhesh Province, Dhanusha District, Laxminiya Rural Municipality Ward No. 3, Banigama.
   2. Working Area of the Organization: Across the Dhanusha District and with the approval of the concerned local authorities, the working area can be extended across the Nation.
3. Definitions: - If the subject or context does not imply otherwise
   1. Organization shall mean a registered organization under this Act.
   2. By-laws means the approved by-laws and approved amended by-laws of this organization.
   3. Officer/Member shall refer to the Officer/Member of the Board of Directors.
   4. Local level means concerned Metropolitan City/ Sub- Metropolitan City/ Municipality/ Rural Municipality, it should be understood.
   5. The concerned body shall mean the relevant government, public or other central level, province level, regional, and district level offices or organizations.
4. Seal and Logo of the Organization:

The organization shall have a distinct seal and logo, not inconsistent with the existing provisions. The seal and logo will be in the format as per schedule 1.

5. Working Year and Fiscal Year of the Organization: The organization’s working year shall be starts from Ashwin 1^st (as Bikram Sambat). And fiscal year shall be followed as the prevailing the Nepalese Law.

Article- 2

PURPOSE

6. Objectives of the Organization:

The objectives of the organization shall be as follows-

6. 1.  This organization shall be non-profit making public interest, autonomous and like individual.
   2.  This organization aims to contribute to the development of the IT sector in Nepal by working on various projects related to information technology, software development and digital infrastructure.
   3.  This organization will organize and conduct training programs, workshops and seminars for government, non-government organizations, educational institutions and other bodies to enhance skills and knowledge in the field of IT and technology.
   4.  This organization is committed to improving digital literacy in communities across the nation by conducting educational programs and providing resources to students, teachers and the general public.
   5. This organization will collaborate with national and international organizations, private sectors and government organizations to promote the IT sector and effectively achieve its goals.
   6.  The organization will engage in research and development activities to explore new technologies, create innovative solutions and contribute to the IT sector.
   7. This organization will implement projects aimed at using technology for community development including e-governance, digital health, online education, etc.
7. Activities to achieve the objectives of the organization:
   1. Mentioned (section 6) objective will be implemented only by obtaining permission or prior approval in the matter where the organization has to take permission from the concerned body according to the prevailing Nepalese law.
   2. The organization will construct, rent or lease buildings required by the organization and will purchase, lease and use office equipment and vehicles.
   3. The organization will appoint the necessary employees and determine their service conditions.
   4. The amount received in the name of the organization will be deposited in the bank and spent by operating the bank account.
   5. The organization will not engage in any kind of syndication and carteling.

Article- 3

MEMBERSHIP

8. Classification of membership: -
   1. General member
   2. Honorary Member
   3. Lifetime Member
9. Eligibility required for all types of membership: -
   1. Nepali citizens who have reached the age of 18 years.
   2. Not having been convicted of any criminal charges involving moral turpitude.
   3. Qualified according to prevailing laws.
   4. Distinguished Nepali citizens who have made special contributions will be eligible for honorary membership.
   5. Membership will be distributed on an inclusive basis.
10. Inability to be appointed or reinstated as a member of the organization:

None of the following persons can be appointed as a member of the organization: -

10. 1. Not qualifying under Section 9.
    2. Having private interest in the business of the concerned organization.
    3. Unable to pay membership fees.
11. In the following cases, no person shall hold office as General, Lifetime or Honorary member of the organization.
    1. If anyone cannot be appointed as a member according to section 10,
    2. In case the organization commits any act which is not to be done by the organization according to this statute, if a resolution of 80% of the total members is passed by the general meeting to remove them from the position of General, Lifetime or Honorary members of the organization,
    3. The member's resignation from Developerss Nepal is accepted but he/ she have to inform the President before 15 days,
    4. If it is proven by the court that dishonesty has been committed in the activities of the organization, the organization should inform him/ her, the matter and give him/ her, an opportunity to submit their clarification before disqualifying a person from being appointed or remaining as a member of the organization.
12. Membership Fee, Annual Renewal Fee and Method of Granting Membership: -
    1. General membership: Entry fee Rs. 500/- Annual renewal fee Rs. 500/-
    2. Lifetime membership fee Rs. 1000/- (lifetime)
    3. There is no charge for Honorary membership,
    4. Founder members are required to pay Lifetime membership fees. All memberships will be distributed by the Board of Directors and a separate record will be kept.

Article- 4

GENERAL ASSEMBLY & WORKING COMMITTEE

13. Formation of General Assembly, meeting and other related arrangements:
    1. Only General and Lifetime members shall have voting rights.
    2. The general assembly of this organization will be held as follows: -
       1. Annual General Meeting, and
       2. Special General Meeting
    3. The first annual general meeting of this organization shall be held within 6 months of the registration of the organization. It will be done within two months from the end date and according to the need, the annual general meetings will be held 2 months before the end of the financial year to determine the program for the next fiscal year.
    4. At least 15 days before the annual general meeting of this organization and at least 7 days before the special general meeting, the venue, date, time and agendas will be given to all members.
    5. If the general or special meeting called according to sub-section (IV) cannot be held without reaching a quorum, the general or special meeting will be called again after at least 7 days.
    6. If the statute provides otherwise, the quorum will not be considered to be reached without the presence of 51 percent of each General and lifetime member, and the decision of the majority will be valid. Honorary members shall not have voting rights. If the quorum is not reached twice, immediately after the third time the general meeting is convened, if one-third reaches the quorum to make decisions of a general nature, it will be considered that the quorum has been reached.
14. Functions, Duties and Powers of the General Assembly:
    1. Act as per the statute.
    2. To approve the annual policy and programme.
    3. To be the supreme body of the organization.
15. Formation of working committee, meetings and other related arrangements:
    1. The appointment of the working committee will be done by the annual general meeting. The ad hoc committee will work until the first annual general meeting. The organization will have a 7-member working committee with the President and members as follows.
       1. President
       2. Vice- President
       3. Secretary
       4. Treasurer
       5. Joint Secretary
       6. Member
       7. Member
    2. The tenure of the working committee will be 2 years.
    3. If the position of a member of a working committee becomes vacant before the Annual General Meeting, the appointment of a member of the working committee for the remaining period can be made by the working committee. If there is a vacancy in the position of a member, the term of office of the member appointed to that position will be only for the remainder of the term of the member to whom the position is vacant.
    4. Working Committee meeting will be convened by the President of the Working Committee as required. If 25 percent of the total number of members demand it, the President has to call a meeting of the working committee.
    5. The member must attend the working committee meeting.
    6. The working committee meeting will not be held unless at least 51 percent of the total number of members are present.
    7. The working committee meeting will be presided over by the President of the committee. In the absence of the President, the meeting will be chaired by the Vice President or a senior member elected by the members present.
    8. In the meeting of the working committee, the decision of the majority shall be valid and in case of equality of votes, the President may give the deciding vote.
    9. Details of the matters discussed in the meeting of the working committee and the details of the related decisions (minutes) should be kept in a separate book and the details of the decisions should be approved by at least 51 percent of all the members present in the meeting.
    10. Regardless of what is written in the above sub-sections, if all the members of the working committee agree in writing regarding any work that the working committee can do, such work can be done even without a meeting by attaching such agreement to the decision book.
    11. All the work to be done by the organization will be done by the decision of the working committee according to the statute.
    12. The working committee may form committees or sub-committees for advisory or other appropriate topics or projects.
    13. The resignation submitted by the President to the Vice President and other officers to the President shall be accepted by the decision of the Board of Directors.
    14. The President will inform about the attendance of the meeting, general meeting, special meeting through the secretary or through the official designated by the President.

 

16. Functions, Duties and Powers of the Working Committee:
    1. Formulate policies and programs under prevailing laws to achieve the objectives of the organization and implement them in accordance with the decisions or approved policies and programs of the general or special meeting.
    2. To act for the organization in accordance with the provisions of the statute.
    3. Division of work as required by law.
    4. Annual renewal of the organization.
    5. To be accountable to the General Assembly.
17. Duties and Rights of Officials
    1. President: -
       1. Exercising the leadership role of the organization.
       2. Preside over meetings and assemblies.
       3. To represent or appoint a representative.
       4. To do other tasks according to the law.
    2. Vice President: -
       1. Assisting the President in his work.
       2. To act in the absence of the President.
       3. To perform other functions except financial powers delegated by the President.
    3. Secretary: -
       1. To convene a meeting or assembly under the direction of the President.
       2. Maintain minutes and records.
       3. Correspondence.
       4. Run the office.
    4. Joint Secretary: -
       1. To assist the Secretary and act as Secretary in his/ her absence.
    5. Treasurer: -
       1. Keeping all accounts and records of the organization correctly.
       2. Presenting programs and progress to meetings, assemblies and related bodies.
       3. To do other work according to the law.
    6. Member: -
       1. Actively participate in the meeting of the working committee and work for the benefit of the organization.
       2. To do other work according to the law.

Article- 5

ECONOMIC/ FINANCIAL STATUS

18. Foundation Fund: -
    1. The organization will have a separate fund with movable and immovable assets and in that fund will be the amount received as follows, property and movable immovable assets.
       1. Amount received for membership and renewal fees.
       2. Voluntary donations, grants, liabilities, movable and immovable property.
       3. The amount due to the organization's service charge.
    2. In case of receiving grants, funds, technical or other support from foreign organizations or bodies, the organization must take prior approval of the Government of Nepal, Social Welfare Council.
19. Account operation:

The account will be operated in the name of the organization with the joint signature of the President and the Treasurer in the bank.

Arrangements should be made to spend and keep records of expenses according to the prevailing laws and regulations.

20. Organizational Accounts and Audits and Progress Reports:
    1. The account of income and expenditure of the organization shall be kept in accordance with the prevailing laws.
    2. The audit of the organization will be done by registered auditors according to the prevailing laws.
    3. The Government of Nepal or the local authority may inspect or check the accounts of the organization at any time.
    4. The appointment of the auditor shall be made by the Annual General Meeting.

But unless the first general meeting is held, the auditor will be appointed by the working committee.

1. 5. Accounts and progress reports will be presented regularly to local authorities, local bodies, relevant subject bodies and social welfare councils.

Article- 6

ELECTION

21. Eligibility to be a candidate: -
    1. Having reached the qualification according to the law.
    2. Only Lifetime membership is valid.
    3. To be a candidate for the post of president, he/ she must have been in this organization for at least 2 years.

But the first-time president will be elected from all the founding members of the organization.

22. The working committee will form a 3-member election committee. The committee will conduct the election according to valid principles and methods related to the election.

Article- 7

AMENDMENTS

23. By-law amendment: Only after approval by two-thirds of the total number of members, any section of the organization should be recommended and sent to the local authority for amendment or repeal. Any section of the organization shall be deemed amended or repealed only after approval by the local authority.
24. Can make rules or regulations: The organization can make necessary rules or regulations and procedures within the scope of the statute with the approval of the general assembly regarding the execution of its work and the information about it must be given to the local authorities.
25. Motion of No Confidence: A motion of no confidence shall be submitted to the office bearer of the Executive Committee on a motion of at least 1 fourth of the members of the General Assembly with reasons. The proposal will be passed by the decision of the majority but it will be given a chance for clarification. A motion of no confidence shall not be brought against the same official before 6 months.
26. Ad Hoc Committee: The ad hoc committee formed to establish and fund this organization must form a working committee as per the statute within 6 months of the establishment of the organization. During that period, the work done by the executive committee is considered to be in accordance with this statute.
27. Dissolution of Organization:
    1. According to the amended law or if the general meeting deems it necessary, the organization may be dissolved by passing a special resolution. After the dissolution of the organization, the remaining assets of the organization will be settled and the remaining property will belong to the Government of Nepal.
    2. When passing the proposal for liquidation of the organization, the general assembly may appoint one or more liquidators for the work of liquidation and one or more auditors for checking the accounts of the organization. The remuneration of liquidators and auditors will be as determined by the general meeting. Liquidators and auditors appointed according to this statute will take action related to the liquidation of the organization.
28. To be in accordance with the law: Things not mentioned in this statute will be in accordance with the prevailing law and things that are in conflict with the organization registration act, rules and prevailing law will automatically be null and void.
29. Follow instructions: Instructions given by Nepal government or local authorities will be followed.