HARYANA GOVERNMENT TECHNICAL EDUCATION DEPARTMENT NOTIFICATION

MEMORANDUM OF ASSOCIATION
1. (1) The name of the Society shall be Haryana State Counseling Society, Panchkula, District Panchkula.
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(2) The registered office of the Society shall be situated at Bays 7 to 12, Sec-4, Panchkula District Panchkula in the State of Haryana.
1. In this memorandum and the rules made thereunder unless the context otherwise requires:-
(i) “State Government” means, the Government of Haryana; and
(ii) “Society” means Haryana State Counseling Society, Panchkula.
(iii) “Board” means Board of Governors of Haryana State Counseling Society Panchkula.
2. Aims and Objectives of the Society:- The State Counseling Society, Panchkula will have the following aims and objectives and shall be competent to perform these functions;
2.1 to prepare and execute detailed plans and programmes for the Society and to carry on its administration and management;
2.2 to receive grants and fees / charges / contributions to have custody of and to expand, the fund of the Society and to manage its properties;
2.3 to prepare the budget estimates of the Society for each year and to sanction expenditure within the limits of the budget as approved by the State Government;
2.4 to prescribe rules and regulations for the admission of students to the various All India Council for Technical Education approved Technical courses of study in conformity with the policy approved in this behalf by the State Government/ All India Council for Technical Education /Pharmacy Council of India/Council of Architecture / Universities of the State and other relevant apex bodies.
2.5 to prescribe rules and regulations for and to hold examinations / admissions tests and declare results, conduct counselings and to make admissions.
2.6 to recommend creation of posts in the society with the approval of Finance Department, and to make appointments thereto, by recruitment, by transfer / deputation of employees of State/ Central Govt./ autonomous bodies/ University or out sourcing the various jobs / works /experts for the efficient management of the affairs of the Society;
2.7 to conduct refresher and short-term courses, counseling and mentoring for the benefits of all students in general and rural students in particular.
2.8 To institute freeships and scholarships, awards and incentives to promote Technical Education amongst socially and financially backward students.
2.9 to co-operate and establish links with any other organization in the matter of entrance tests, counselings, admissions, training & to collect fee etc. on behalf of Society/ Technical Institutions.
2.10 to fix and demand fees / Counseling fee and other charges payable to the Society;
2.11 to acquire and hold property provided that prior approval of the State Government, wherever required, is obtained for the acquisition of moveable/ immovable property;
2.12 to deal with any property belonging to or vested in the Society in such manner as the Society may deem fit for the advancement of its objective, provided that no immovable property of the Society shall
be disposed off, in any manner whatsoever, without the prior approval of the State Government;
2.13 to deposit the money credited to the fund of the Society with such banks, or to invest the same in such manners, as the Society may deem fit;
2.14 to meet, out of the fund of the Society, the expenses incurred by the Society in the exercise of its powers and the performance of its functions and in the functioning of the society;
2.15 to prepare and maintain accounts and other relevant records and an annual statement of accounts including the balance sheet of the Society in such form as may be prescribed by the State Government;
2.16 to consider and pass such resolutions on the annual report, the accounts and the financial estimates of the Society.
2.17 to forward annually to the State Government the accounts of the Society as certified by an auditor/ Chartered Accountant engaged/ appointed by the Society;
2.18 to make contracts and enter into agreements;
2.19 To regulate the retirements, training, promotion, demotion and discharge of employees, if any, under the rules and byelaws of the Society;
2.20 To save and defend all legal proceedings on behalf of Govt. / Technical Education Department / related institutes / Affiliating Universities/ related agencies and the society;
2.21 To appoint committees for the disposal of any business of the Society or for tendering advice in any matter pertaining thereto;
2.22 to delegate, to such extent as it may deem necessary, any of its powers to any member / staff of the Society or to any committees of the Society;
2.23 to add, to amend, vary or rescind to time, with the prior approval of the State Government, the rules or the regulation of, and for any purposes connected with the management and administration of the affairs of the Society and admission related matter and for the furtherance of the objects of the Society;
2.24 to make, adopt, amend, vary or rescind, from time to time byelaws for :- (a) the conduct of the business of the Society and the committees appointed by it; and (b) the co-option of members to the Society; and
2.25 to perform such other functions and to carry out such other duties as may, from time to time, be assigned to it by the State Government.
3. The constitution of Society shall be as under:-
1.
Financial Commissioner & Principal Secy., Technical Education Deptt., Haryana
Chairman
2.
Nominees of Universities:-
1. Nominee of Kurukshetra University, Kurukshetra
2. Nominee of MDU, Rohtak,
3. Nominee of GJU of Science & Technology, Hisar
4. Nominee of CCS HAU, Hissar
5. Nominee of CDLU, Sirsa
6. Nominee of DBCR University of Science & Tech., Murthal
Members
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Representatives of Self Financed Institutions (2 Nos) (To be nominated by Director, Technical Education Haryana)
Members
4.
Director, Technical Education Haryana
Member-Secretary
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4. Terms & Conditions of Society
4.1 The Society will be self sustaining and shall meet its expenses through counseling fee / examination fee etc.
4.2 Will draw experts on payment of honorarium / remuneration / TA/ DA, etc.
4.3 Some of the faculty members will be drawn from the institutions for short duration.
4.4 Supporting staff will be hired on contract basis / out sourced.
4.5 Society will function regularly and will take care of all legal allied issues.
4.6 Will prepare / print Information Brochure through various committees.
4.7 It will conduct Entrance Test, if any, for making admissions / counseling.
4.8 Will conduct counseling for various admissions.
4.9 Will undertake the research exercise on the process of admissions and will take remedial steps for improvement in the system.
4.10 Will carry the detailed statistical analysis of the applicants and the admitted students.
4.11 Will arrange counseling / orientation programmes for attracting the students from rural / techno-economical undeveloped Societies to seek admissions in emerging area / technology in the well performing institutions in Diploma/ UG/PG level programmes.
4.12 Any other related matters / Jobs recommended by Members Secretary with the approval of Chairman through any expert / committee.
4.13 The income and property of the Society shall be applied solely towards the promotion of the objects of the society as set forth in the memorandum of association and no portion thereof shall be paid or transferred directly or indirectly, to the members of the Society.
4.14 No member of the Governing Body of the Society, shall be appointed to any salaried office of the Society, or any office of the Society, paid by fees, and no remuneration of Association and no portion thereon shall be paid or transferred directly or indirectly, to the members of the Society.
4.15 In case of any dispute State Govt. shall be the custodian of all the moveable & immoveable property of the Haryana State Counseling Society, Panchkula.
4.16 Society shall take approval from Finance Department for the sanction of posts of the society giving justification thereof.
4.17 The Registration No, Office Address including list of members with their complete residential address shall be provided by the Society.
4.18 In case of suspicion, State Govt. can institute enquiry committee against the Haryana State Counseling Society, Panchkula.
3. A copy of the rules of the Society certified to be a correct copy by three members of the Society, is filed alongwith this memorandum of association.
4. We, the following persons whose names and addresses are given below, having associated ourselves for the purpose described in this memorandum of association do hereby subscribe our names to this memorandum of association and set out several and respective hands hereunder and form ourselves into a Society under the Societies Registration Act, 1860 (Act 21 of 1860). This day of 8.3.2007.
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Conditions:
i) The income and property of the Society shall be applied solely towards the promotion of the objects of the Society as set forth in the Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly to the members of the Society.
ii) No member of the Society shall be appointed to any salaried office of the Society, or any office of the Society paid by fees, that no remuneration shall be given by the Society to any member except re-payment of out of pocket expenses and interest on money lent or rent for promises to the Society.
iii) The Society by its constitution is required to apply its profit if any, or other income is promoting its objects.
iv) If upon the winding up or dissolution of the Society there remains after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the Society but shall be given or transferred to some other institution having objects similar to the objects of the society to be determined by the members of the Society at or before the time of dissolution.
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Haryana State Counseling Society, Panchkula
RULES
1. The registered office of the Society shall be situated in Bays No 7 to 12, Sector 4, Panchkula, District Panchkula.
2. The Society shall keep a roll of members and every member of the Society shall sign, the roll and state therein his or her rank of occupation and address. No member shall be entitled to exercise rights and privileges of a member unless he or she has signed the roll as aforesaid.
3. If a member of the Society changes his address, he/she may notify to the secretary his/her new address, but if he/she fails to notify such new address, his/her address as recorded in the roll of the member shall be deemed to be his/her address.
4. The general superintendence, direction and control of the affairs of the Society and of its income shall be vested in the governing body of the Society which shall be called the Board of Governors, State counseling society, Panchkula hereinafter referred to as the Board.
5. The Board of Governor shall comprise the following members:-
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Commissioner and Secretary to
Government, Haryana, Technical Education Department, Chandigarh
Chairman
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Director, Technical Education Department, Haryana, Chandigarh
Vice
Chairman
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Nominee of Finance Department Haryana, Chandigarh
Member
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Representative of the All India Council for Technical
Education, New Delhi (to be appointed by All India Council for Technical Education, New Delhi)
Member
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One member each from all the Universities of the State.
Member
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Representatives of Self Financed Institutions(2 Nos) (To be nominated by Director, Technical Education Haryana)
Member
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Additional Director, Technical Education, Department, Haryana, Chandigarh.
Member-
Secretary
6. Vacancies:- Vacancies in the Board of Governors, from time to time shall be filled, on the recommendation of the authority which shall appoint/ nominate the member whose place falls vacant for the remaining term of the Board.
7. Proceedings not invalidated by vacancies:- No action or proceedings of the Board of Governors shall be invalidated merely by reasons of the existence of the vacancy among its members, provided the quorum is complete.
8. Powers and functions of the Board of Governors:- The powers and functions of the Board of Governors shall be as under:-
8.1 To prepare and execute detailed plans and programmes for the Entrance Test / Counseling/ Admissions to AICTE approved Technical Courses or other courses as the BOG/ Government may consider appropriate.
8.2 To receive, to have custody and expend funds of the Society and to manage the properties of the Society.
8.3 To prepare budget estimate for each year and to sanction expenditure within the limits of the budget as approved by the State Government.
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8.4 To prescribe rules and regulations for the admission to be made on merit in accordance with the criterion prescribed by the State Government and other competent authorities.
8.5 To appoint, suspend, reprimand, dismiss or take such other disciplinary measures as may be necessary in respect of employees of the Society.
8.6 To sue and defend all legal proceedings on behalf of the Society.
8.7 To co-operate with other Govt. / Private/ Public Sector organizations including industries in the matter of admissions.
8.8 To enter into arrangements, constitution and agreement for and on behalf of the Society, within the scope of the constitution of the Society.
8.9 To appoint committee or committees for disposal of any business of the Society
8.10 To delegate such of its powers as may be necessary to any officers of the society for the administration of the affairs of the Society.
8.11 To prepare and adopt annual report, annual accounts and other resolutions relating to financial matter of the Society.
8.12 To make byelaws for the regulations of and for the purpose connected with the administration and management of the Society and for the furtherance of its objectives within the scope of constitution.
8.13 To provide provident fund/ common fund/ pension scheme and such other funds, if any, for the benefit of the employees of the society as it may deem necessary according to the guidelines of the State Government.
8.14 To fix admission, Counseling participation fees, cost of Admission Brochure etc. and other charges as may be prescribed by the State Government.
9. Quorum:-
9.1 50% members of the Board, including the Chairman, shall constitute the quorum of any meeting. However, no quorum would be required for an adjourned meeting summoned after due notice.
The Board of Governors shall meet at least once in a year.
9.2 Not less than fifteen day’s notice shall be given for every meeting of the Board and in case of a special meeting, the Chairman may reduce the period of notice to seven days. A copy of the proceedings of every meeting shall be sent to the members. All proceedings of the meetings of the Board and committee shall be recorded in the minutes book and signed by the secretary and the Chairman.
9.3 The decision of the Board shall be determined by a majority vote. In case of tie, the Chairman of the meeting shall have the right to exercise a casting vote.
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9.4 Every meeting of the Board shall be presided over by the Chairman and in his absence by the Vice-Chairman and in his absence by an officiating Chairman chosen by the members present from amongst themselves.
10. Any resolution which may be necessary for the Board to adopt, could be passed by circulation among all its members and any such resolution so circulated and approved by a majority of members shall be effectual and binding, provided atleast 50% members of the Board have recorded their views in favour of the resolution.
11. The following circumstances shall cause a vacancy in the Board of Governors:-
i. Death of a member
ii. Immigration from India.
iii. Insanity
iv. Resignation of the member
v. Conviction of an offence involving moral turpitude.
vi. Continued absence without satisfactory reasons from three consecutive meetings.
vii. Insolvency.
viii. With drawl of deputation of central/ state/ autonomous employees
ix. Transfer of central/ state/ autonomous employees.
11.1 Where a member of the Society or the Board becomes such member by reason of the office he holds, his membership shall terminate when he ceases to hold that office.
11.2 A member of the Society or the Board representing the Central Government shall continue to be such member during the pleasure of the State Government.
11.3 A member of the Society or the Board representing a Department of the State Government shall continue to be such member during the pleasure of the State Government.
11.4 The term of the office of the Board of Governors shall be three years beginning with date of the first meeting of the first Board of Governors. The Board of Governors shall be reconstituted every three years to be counted with reference to the date of the first meeting of the first Board of Governors. Every member of the Society or of the Board except of office bearers, shall cease to be such member at the expiry of five years but shall be eligible for re-appointment or re-nomination, as the case may be. The office bearers shall continue in their respective offices until the first meeting of the new Board.
12. The office bearers of the Board of Governors
shall be :-
1. Chairman
2. Vice Chairman
3. Member-Secretary.
13. A member, other than an ex-officio member, or a member representing the Central or the State Government may resign the office by a letter addressed to the chairman and such resignation shall take effect from the date it is accepted by the chairman.
14. The Chairman:-
i. The chairman shall exercise responsibilities, rights, duties and obligations normally associated with the office.
ii. He shall preside over at the meetings of the Board of Governors, take votes, declare results of the voting and 7
generally supervise and Conduct of the Business of the meeting. The decision of the chairman in question relating to the Conduct of the Business at any meeting shall be final.
iii. He shall perform such functions and duties as may from time to time, be entrusted to him by the State Government/ Board of Governors.
15. Vice-Chairman and Member Secretary:-
The Vice-Chairman shall act as Chairman when the chairman is out of station or otherwise engaged and shall carry out such other functions and duties as may from time to time be entrusted to him by the chairman or Board of Governors.
16. The Member-Secretary of the Society:-
16.1 The Member-Secretary of the Society shall be Chief Executive Officer of the Society and shall be responsible for the proper administration of the Society.
16.2 The Member-Secretary of the Society shall have such other powers and perform such other duties as may be delegated or assigned to him/ her by the Board or as laid down in the byelaws.
16.3 The Member-Secretary shall be the chief academic and executive officer of the Society and shall be responsible for the proper administration thereof and for the imparting of instruction and maintenance of discipline therein.
16.4 The Member-Secretary shall have such other powers and perform such other functions as may be delegated or assigned to him by the Society.
16.5 The Member-Secretary shall have such other powers and perform such other functions as may be delegated or assigned to time by the Society.
16.6 The Member-Secretary may delegate any of his powers to any of his subordinates with the approval of the Society.
16.7 The Member-Secretary shall act as the secretary of the society and its Committees.
17. The Board of Governors shall appoint the employees/ on deputation basis from central / State Govt. /Semi Govt. / Autonomous Bodies of the Society with the approval of the State Government.
17.1 The members of the Society shall not be entitled to any remuneration from out of the funds of the Society but non-official members of the Society or any Committee thereof shall be paid by the Society such traveling and daily allowance as may be provided for in the byelaws to be made in this behalf, in respect of any journey undertaken by them for attending the meetings of the Society or the Committee or in connection with any other business of the Society or the committee, as the case may be. The official members, who are employees of the Central or the State Government shall, however, initially receive traveling and daily allowance from the same source from which they draw their salaries at rates admissible to them, according to their respective Government rules, but the entire expenditure on Traveling Allowance and Daily Allowance shall be reimbursed from funds of the Society to the Central or State Government.
17.2.1 Within six months after the close of every year, the Society shall submit to the State Government a report on the working of the Society, and the Polytechnic during such year.
17.2.2 The Society shall, by such date as the State Government may fix in this behalf, submit to the State Government the budget estimated for the next year, as statement showing the income and expenditure
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of the Society during the preceding year and audited accounts thereof and such other returns as the State Government may require.
17.3.1 For the purpose of Societies Registration Act, 1860 (21 of 1860), the Member Secretary of the Society shall be authorized and is hereby authorized to take action as required by the said sections.
17.3.2 For the purpose of section 6 of the said Act, the person in whose name the society may sue or be sued shall be the Member Secretary of the Society.
17.4.1 All contracts for and on behalf of the Society, as the case may be, shall be executed in the name of the Society. The Member Secretary of the Society, shall execute all contracts/ agreements after being approved by Chairman of Society, as the case may be.
17.4.2 The Member Secretary of the Society shall execute for and on behalf of the Society and contract/ agreement required to be executed between the Society and the third party.
17.5 When passing a resolution for the dissolution of the Society under the Societies Registration Act, 1860 (21 of 1860), it shall be competent to the Society, if so directed by the State Government under rule 19 of these; rules or with the consent of the State Government, to resolve likewise that all the assets of the Society shall vest in the State Government and all the liabilities of the Society shall, to the extent of the assets so vested be the liabilities of the State Government.
17.6.1 Subject to the prior approval of the State Government and further subject to the provision of the Societies Registration Act, 1860 (21 of 1860), the Society may alter, extend or abridge any of these rules or any procedure laid down thereby.
17.6.2 Such alteration, extension or abridgment may, as aforesaid, be made by means of a resolution passed by a majority of two-third of the members present at a special meeting of the Society convened for the purpose after giving due notice of such resolution to the members of the Society.
18. Traveling Allowance and Daily Allowance to the member of Board/ Committees:-
Non-official members of the Board of Governors and of any committees, shall be entitled to such traveling and daily allowances in respect of their journey undertaken to attend meetings of the Board/ committee or consultants as per rules as prevalent and as may amended by the State Government/ Society from time to time.
19. Operation of Accounts:-
19.1 Haryana State Counseling Society, Panchkula shall maintain the accounts of receipts and expenditures separately.
19.2 Haryana State Counseling Society, Panchkula shall get its accounts audited every year from the Registrar Co-operative Societies Haryana.
19.3 Haryana State Counseling Society, Panchkula shall meet out its expenses from its own sources.
19.4 The society shall open a joint account in nationalized bank in the name of society
19.5 The society shall cause true accounts to be kept of all financial transactions and of all sums of moneys received and expended by
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the Board of Governors, maintain records of the receipts and expenses relating to such matters and of the assets, credit and liabilities of the Board, provided that the accounts of the Society shall be kept separately and exclusively.
a. The Society shall open an account and deposit the funds except such sums as may be required for current expenses, in any Scheduled Bank.
b. The funds shall be utilized solely for the purpose for which these are sanctioned within the prescribed period.
c. The Member Secretary of the Society or his authorized representative shall retain only such amounts in his hands as may be required for current expenses by way of permanent advance that may be prescribed from time to time by the Board of Governors.
d. No withdrawal out of the funds of the Society shall be made except on cheques to be signed by two signatories as nominated by the Board from time to time.
e. The accounts of the Society shall be open to inspection and checks be the representative(s) of the State Government or Government of India in respect of centrally sponsored schemes.
f. Within six months after the close of financial year the Member Secretary of the Society shall submit to the State Government the audited accounts of income and expenditure on the proforma prescribed by the State Government every year.
g. The Member Secretary of the Society shall submit the utilization certificate on the proforma prescribed by the State Government in respect of non-recurring grants immediately after the utilization of the grant to the Technical Education Commissioner, Haryana.
h. The Member Secretary of the Society shall prepare and submit the budget estimates to State Government for every financial year by such date as the State Government may fix in this behalf.
i. The charted accountants shall be appointed by the Board of Governors.
20. Appointments of Administrative Officers/ Registrar and Staff:-
The appointment of administrative officers/ Registrar as the case may be and other staff shall be done by the Board of Governors.
However, keeping in view of the exigency of the services, Board of Governors may relax the above provisions and authorize the Society to invite applications and make selections by constituting Selection Committee.
21. For the purpose of section 6 of the Societies Registration Act, 1860 (21 of 1860), the person in whose name the Society may sue or be sued shall be the member-secretary of the Society or any authorized representative of the Member secretary of the Society.
22. Contracts:- All contracts for and on behalf of the Society shall be expressed to be made in the name of Society, as the case may be, and shall be executed by such person or persons as is/are nominated by the Board of Governors.
No contract for the sale, purchase or supply of any goods or material shall be made or financial agreement entered into for and on behalf of the Society with any member of Society or the Board of Governors, or his relative or a firm of which such members or relatives is a partner or share holder or any other partner in such a firm or a private company of which the member is a member or Principal without declaration of interest.
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23. Notwithstanding anything contained herein, the Board of Governors may with the approval of the State Government effect any amendment to the above constitution and rules.
24. Notwithstanding anything to the contrary contained in any other rules all previous action taken be the Board of Governors and the State Government shall be deemed to have been taken by the Board/ State Government under these rules.
The Society by its constitution will apply its profits, if any, or other income in promoting its objects, If upon the winding up or dissolution of the Society there remains after satisfaction of all its debts and liabilities and property whatsoever, the same shall not be paid to or distributed among the members of the Society, but shall be given or transferred to the State Government or some other institution of the State Government having objects similar to the objects of the Society to be determined by the members of the Society at or before the time of dissolution.
Dated : Financial Commissioner & Principal Secretary
to Govt. Haryana, Technical Education Department
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