MEMORANDUM OF ASSOCIATION
4. The Director of the Institute shall be the Member-Secretary of the Governing Body.
5(i) Unless their membership of the Governing Body is previously terminated as in sub-rule (ii) below the term of office of the members of the Governing Body will be three years, except that when a person has been appointed member of the Governing Body by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment and the vacancy in the Governing Body shall be filled in by appointment of the successor in office. The vacancy of the nominee of any organisation shall be filled in by nomination by the respective organisation as the case may be.
(ii) Any member of the Governing Body shall cease to be member if he resigns, becomes of unsound mind, becomes insolvent or is convicted of a criminal offence involving moral turpitude.
(iii) Resignation of membership shall be tendered to the Chairman of the Governing Body in person through the Secretary and shall not take effect until, it has been accepted on behalf of the Governing Body by the Chairman.
(iv) Any vacancy in the membership of the Governing Body by death or by any of the reasons mentioned in these sub-rules shall be filled by the respective organisation or the nominator as the case may be, when moved to do so by the Secretary acting on behalf of the Governing Body .
6. The Governing Body shall meet at least once a year at such time and place as the Chairman shall decide. Other meetings of the Governing Body may be held at any time during the year as the Chairman may decide and shall be called forthwith on a requisition signed by four members of the Governing Body. Such extra meetings shall be held at such time and place as the Chairman may decide.
7. At the annual meeting of the Governing Body, the following business shall be brought forward and disposed of:
a. the annual report
b. the balance sheet for the past year
c. the budget for the next year
d. other business on the agenda
e. Other business brought forward with the assent of the Chairman.
8. Every notice calling a meeting of the Governing Body shall state the date, time and place at which such meeting will be held and shall be served upon every member of the Governing Body not less than 21 clear days in the case of annual meeting, not less than seven clear days in the case of other meetings, before the day appointed for the meeting. Such notice shall be under the hand of the Secretary and shall be accompanied by the agenda of the business to be placed before the meeting.
9. The Chairman shall take the Chair at meetings of the Governing Body. If the Chairman is not present, the Vice-Chairman will take the Chair and conduct the meeting. If the Chairman and Vice-Chairman be not present, the Governing Body may elect one of their members to act as the Chairman of the meeting to conduct and hold the meeting.
10. Five members of the Governing Body, in addition to the Chairman/Vice-Chairman present in person, shall constitute a quorum of any meeting of the Governing Body. In the absence of both the Chairman and Vice Chairman, in that case, seven members of the Governing Body present at the said meeting will constitute a quorum.
11. All disputed questions at meetings of the Governing Body shall be determined by votes and the opinion of the majority shall prevail.
12. Each member of the Governing Body, including the Chairman or the Vice- Chairman or presiding member, shall have one vote; and in case of equality of votes, the Chairman or the Vice- Chairman or the presiding officer shall have a casting vote.
13. Any member desirous of moving any resolution at a meeting of the Governing Body shall give notice thereof in writing to the Secretary not less than seven days in case of annual meeting and five days in case of other meetings before the day of such meeting.
14. Any business, which it may be necessary for the Governing Body to perform except such as may be placed before the annual meeting may be carried out by circulation among all its members and any resolution so circulated and approved by a majority of the members present in the country at that time shall be as effectual and binding as if such resolution had been passed at a meeting of the Governing Body.
15. The Governing Body shall have general control of the affairs of the Institute and shall have authority to do, exercise and perform all the powers, acts and deeds for the planning, establishment and running of the Institute, consistent with the aims and objects of the Institute.
16. The Governing Body shall have powers to create posts, subject to specific provision in the budget, on scales of pay applicable to similar posts under the Government of India and as applicable from time to time classify them into grades and specify their designations. In all other matters, the Governing Body shall have full powers in the mater of expenditure from the funds of the Institute subject to budget provision save in the matter of pay, allowances and concessions to Government servants on foreign service which shall not be greater than those admissible under the code rules of the Government.
17. The Governing Body shall have full powers to make such Bye-laws as they shall think essential for the regulation of the business of the Institute and in particular with reference to (i) the keeping of accounts; (ii) the preparation and sanction of budget estimates; (iii) the sanctioning of expenditure; (iv) entering into contracts; (v) the appointment of staff and determination of their conditions of service; and (vi) any other purpose that may be necessary.
18. The Governing Body may accept the management and administration of any endowment or trust fund or any subion or donation provided that the same is unaccompanied by any condition inconsistent or in conflict with the nature and object for which the Institute is established.
19. The Governing Body may by resolution delegate to the Chairman and to the Member-Secretary such of its powers for the conduct of business as the Governing Body may deem fit, subject to the condition that action taken by the Chairman or by the Secretary shall be reported for ation at the meeting of the Governing Body.
20. The Governing Body shall appoint a Standing Finance Committee consisting of the following:
i Secretary FW) Chairman Ministry of Health and Family Welfare.
ii Joint Secretary and Financial Advisor Member Ministry of Health and Family Welfare.
iii Planning Commission Representative Member (Governing Body Member nominated by Chairman)
iv Director General of Health Services Member
v Director Member-Secretary
The National Institute of Health & Family Welfare
As amended by the Ministry of Health and Family Welfare vide their letter No. A.45012/25/89-C&G. dated 25.9.1989.
The Standing Finance Committee shall have the following functions:
i To consider and approve additions and alterations to buildings belonging to the Institute and other questions relating to their maintenance and use. However minor work not exceeding Rs.2 lakh in each case may be undertaken by the Director without reference to the Standing Finance Committee. Besides, Director will have full powers for undertaking annual maintenance of civil, electrical, air-conditioning and sanitary work of the Institute through CPWD or any other Agency approved by Standing Finance Committee.
ii To consider and recommend for approval to the Governing Body, the annual budget estimates of the Institute.
iii To consider and recommend for approval new financial proposals which may arise during the course of the year which may not be already provided for under the budget; and to approve reappropriations between previously approved major heads;
iv To consider quarterly reports submitted by the Director for information; to examine from time to time the adequacy of resources of funds and the general financial position of the Institute; and to make appropriate recommendation to the Governing Body;
v All proposals for creations of new posts and;
vi All maters relating to the invitation and acceptance of tenders which are beyond the powers of the Director.
21. The Governing Body may also appoint one or more Committees or Sub- Committees for proper functioning of the Institute.
22. The funds of the Institute will consist of the following:
1. Grants made by the Central Government and / or State Government for the furtherance of the objects of the Institute.
2. Contributions from other Sources;
3. Income from investment; and
4. Receipts of the Institute from other sources.
23. Application of the Income and Property
The Income and Property of the Institute shall be applied solely towards the promotion of the objects of the Institute as specified in the Memorandum of Association and any expenditure incurred shall be subject to such restrictions as the Central Government or the State Government may from time to time impose in respect of grants or donations made by them. No part of the income or property of the Institute shall be spent or transferred directly or indirectly by way of dividends, bonus or otherwise, to persons who at any time have been members of the Institute except by way of remuneration for services rendered to the Institute or as traveling allowance, daily allowance or other similar compensatory allowance.
24. The Bankers shall be the State Bank of India or any other nationalised bank. All funds shall be paid into the Institute's account with the Bank and shall not be withdrawn except on a cheque signed by Director or by such officer as may be duly empowered by the Chairman.
25. For the purposes of these Rules and Regulations a financial year shall be taken to mean the twelve months commencing on the 1st April and ending on the 31st March.
26. The Institute shall cause regular accounts to be kept of all its money and properties in respect of affairs of the Institute.
