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1: Name and Registered Office, Objects:

Article 1: Name and Registered Office

Western Himalaya Research and Development Organization

Article 2: Objects

The objectives for which organization is established are:

INTRODUCTION:

Pakistan is signatory to many rights related international instruments and covenants. However, there is still a huge need to translate Pakistan’s international commitments into actual real life practices, more so in Public Sector arena. To begin with, many public sector institutions themselves have to do a lot to conform to the government international commitments.

Among the most important agreed to rights instruments are the 1948 Universal Declaration of Human Rights (UDHR), the 1966 International Covenant on Economic, Social and Cultural Rights (ESCR), the 1966 International Covenant on Civil and Political Rights (CPR), the 1989 Convention of the Rights of the Child (CRC). Among the rights explicitly protected by these various declarations and covenants are the rights to life, access to and enjoyment of a decent standard of living, adequate health facilities and well being, protection from disease, access to adequate food (Food Security) and access to safe water and sanitation.

Inferring from the above, the objectives of the Western Himalaya Research and Development Organization will be to promote the realisation of following rights instruments in the public sector arena as agreed to by GoP:

• Development of Research Network
• Universal Declaration of Human Rights
• Convention on Rights of Child
• Convention on the Elimination of all forms of Discrimination Against Women
• International Covenant on Civil and Political Rights (ICCPR)
• International Covenant on Economic, Social and Cultural Rights (ICESCR)

More specifically Western Himalaya Research and Development Organization will play its role in the following broad areas:

Promotion of Rights Based Approaches to Programming in:

§         Research

§         Advocacy

§         Human Rights

§         Education

§         Health Sector

§         Water Supply and Sanitation Sector

§         Poverty and Livelihoods

§         Good Governance

§         Gender and Development

§         Sustainable Development

§         Environment

§         Disaster Management

§         Globalization and Development

§         Human Resource Development

§         Formation of Network of Development Professionals (NDP)

To achieve the above mentioned Western Himalaya Research and Development Organization will undertake as and when needed projects in the areas of:

§         Develop Epidemiologic Research Network

§         Communication and Awareness Raising Campaigns through advocacy

§         Poverty Reduction and Sustainable Development through Right to Development

§         Institutional Capacity Building in rights based approaches;

§         Gender Sensitive Project Planning and Implementation;

§         Rights based approaches to access to safe water and sanitation

§         Protection and empowerment of vulnerable communities through easy access to justice etc

§         Rights based environmental planning, and monitoring

§         Development communication for Knowledge Management

§         Protect fundamental and basic human rights

§         Achieve Millennium Development Goals (MDGs)

§         Device and Implement strategies to cater with the issues related with Disaster Management

§         Study the impact of Globalization on the economies, culture, politics and to help in devising responsive right based solutions

§         Carry out research and publish material in all cross cutting developmental themes

§         Form NDP as learning alliance and broadening the canvas of the efforts made by cross sectoral development specialist/practitioners and students

More specifically, but not limited to:

1.      Assist and build the capacity of government, non-government and private institutions and organizations for sustainable initiatives in the area of Right Based Development.

2.      Conduct, sponsor and assist in research in all abovementioned cross cutting developmental themes.

3.      Design, facilitate and undertake research aimed at providing scientific basis in understanding issues and dealing with the policies.

4.      Resource Mobilization and Coordination in the public and private sector.

5.      Right-based dissemination of information to empower people.

6.      Take special steps to protect the rights of the most vulnerable and marginalized

7.      Western Himalaya Research and Development Organization will strive to emphasize the human right of access to drinking water with an aim to ground this priority on the bedrock of social and economic rights, and to establish the obligations of states parties to ensure access, and it identifies the obligations of states parties.

8.      Strive for the realization of Millennium Development Goals (MDGs) through positively influencing PRSPS to include Right-Based Approaches (RBAs) in planning and monitoring of the goals

9.      Strive to bring forth the basic amenities of life such as safe water and adequate sanitation in the PRSPs and LGs agenda as it is vital achieving the others, such as poverty, education and gender equality

10.  Western Himalaya Research and Development Organization will advocate for full analysis of problems affecting society and an understanding of the chain of causality from immediate to structural causes, and the accountability failures at each level.

11.  Western Himalaya Research and Development Organization will strive to advocate for needed legal & institutional reforms and to work for strengthening of local /participatory governments through pilots.

12.  Western Himalaya Research and Development Organization will advocate for realization of the fact that development targets are only acceptable as milestones in the path of progressive realization of human rights. Inter alia Western Himalaya Research and Development Organizationwill strive to ensure that the governments are held accountable through monitoring indicators and benchmarks.

13.  Western Himalaya Research and Development Organization will help stakeholders overcome capacity gaps in order to develop programs which are rights based.

14.  Western Himalaya Research and Development Organization will conduct studies to provide the information necessary to improve awareness and understanding of the constraints and enabling conditions, so that the most appropriate solutions can be identified.

15.  Western Himalaya Research and Development Organization will strive to conduct a survey to identify models of legal systems where mechanisms for legal redress for the poor and for obligation enforcement, have proved or are proving to be effective. This study would need to address specific questions such as:

§         What are the rules that identify the legal entitlement of the poor to safe water and sanitation?

§         Are they adequate and are they being effectively applied?

§         What are the legal obligations incumbent on what actors to ensure the poor receive their legal entitlements?

§         What system/legal infrastructure can ensure equitable, accessible and enforceable rights to water for the poor?

16. Western Himalaya Research and Development Organization will work in the major fields of child welfare; safeguard the rights of children, impart them better education, training and prepare them for their future responsibilities; fulfil the needs of the children in a better manner through improved health, education, recreation, community services and to give them healthy environment conducive for the growth of their physical and mental faculties; protect them from hunger, disease and poverty besides curbing the menaces of child labour and abuse in any form; make special projects for child labour elimination and rehabilitation.

17. Train and educate and promote sense of awareness and respect for the Traffic Rules among the drivers and general public; teach people how to become safer and disciplined pedestrians, modifying drivers’ behaviours; draw the attention of the authority towards the vehicle causing dust, smoke and emitting fumes; set up, manage and run projects related to vehicular pollution; arrange workshops, seminars and lectures for the drivers, students and commuters; print, publish, issue and circulate pamphlets, leaflets and brochures as may be beneficial in correction with traffic education  and awareness among the drivers, students, traffic police and general public.

18. Encourage and motivate women to participate in community development activities; educate, train and organise to develop women’s own means of earning; promote women’s participation in social and economic affairs and extending them required necessary training for their uplift in Western Himalaya Research and Development Organization ; make them responsible in other activities like household work and child care; create awareness amongst women about their rights and duties as members of the community; set up and run vocational, educational, medical centres and income generating projects for women.

19. Found, set up, manage, maintain, own, administer, run and grant aid in cash and or kind to schools, colleges, vocational institutes, training institutes, laboratories, centres of learning and research and other institutions of all sorts for education, adult literacy, advanced studies and research with the approval of competent authority wherever necessary.

20. Establish and / or grant aid for the establishment and maintenance of human rights institutions, service delivery units such as BHUs, water systems etc.

21. Grant relief for and during calamities, whether natural or man-made (including but not limited to famine, earthquake, flood, fire and pestilence) and to give donations, subscriptions or contributions to institutions or persons doing such relief work.

22. Sponsor, arrange for and organise the holding of lectures, conferences, seminars or classes for achieving the objects of the Western Himalaya Research and Development Organization

23. Arrange for the writing, printing, publishing, circulation and translation of books, periodicals, magazines, research and other papers, brochures and pamphlets.

24. Construct, execute, carry out, equip, improve, maintain, administer, manage or control public works and conveniences of all kinds including roads, reservoirs water works, embankments, irrigation’s, reclamation, improvements of drainage of sewage, sanitary works, gas/ electric light, community centres, theatres, stadia, places of recreation, parks, gardens, reading rooms, stores, dairies and all other works and conveniences of public utility and to contribute or otherwise assist or take part in the construction, maintenance, development, working, control and management thereof, without doing the job of housing  estate development and  colonization, etc.

25. Receive funds by contributions and receiving gifts, grants, donations, benefactions and by any other means from any person, institution,, association, company, Western Himalaya Research and Development Organization or body corporate.

26. Borrow any money and funds required for the purposes of the Western Himalaya Research and Development Organization with or without furnishing any security in local or any foreign currency from any person, corporation, company, bank Western Himalaya Research and Development Organization financier and other entities.

27. Invest the surplus money of the Western Himalaya Research and Development Organization in such securities, debentures or otherwise in such a manner as may from time to time be determined by the Board of Directors / Executive Body and as may be permissible under the law.

28. Found, subsidise, aid, assist, run, administer and manage trusts, funds, grants and other benefactions in the furtherance of the objectives of the Western Himalaya Research and Development Organization .

29. Foster cooperation with and among like-minded associations and organisations both in Pakistan and abroad and to become affiliated with international, regional and other organisation anywhere in the world.

30. Enter into agreements, contracts and other arrangements with government, semi-government and private organisations, institutions, bodies and individuals for the purpose of carrying out the functions and activities of the Western Himalaya Research and Development Organization

31. Establish, subsidise, promote, cooperate with underwrite, receive into the Western Himalaya Research and Development Organization, become member of, act as or appoint trustees, agents or delegates for, control, manage, supervise, give gifts and lend monetary or other assistance to any association, institution or fund, whether incorporated or not, which the Western Himalaya Research and Development Organizationconsiders appropriate to further any of its objectives.

32. Undertake and execute any trust, which may seem to the Western Himalaya Research and Development Organizationto be conducive to any of its objectives.

33. Establish, undertake, superintend, administer, control, subsidise and contribute to any provident, benevolent or charitable funds from which may be made gifts, grants, scholarships, donations, advances, loans and to contribute or otherwise assist any charitable or benevolent institutions.

34. Guarantee the payment of money or performance of any obligation or undertaking whatsoever and to stand security and perform and discharge obligations arising from the giving of guarantee or security for the business of this Western Himalaya Research and Development Organization.

35. Receive and administer funds for education and charitable purposes, for the public welfare and to   that end take and hold, by bequest, device, gift, purchase of lease, either absolutely or in trust, for such objects and purposes or any of them, any property, real or personal without limitation as to amount or value, except such limitation, if any, as may be disposed by law and to sell, convey, dispose of any such property and invest and reinvest the principal and income of such funds for any of the objectives of the Western Himalaya Research and Development Organization

36. Receive any property, real or personal in trust, under the terms any will, deed of trust, or other trust instrument for the purposes of the Western Himalaya Research and Development Organizationand in administrating the same, carry out the directions and exercise the powers contained in the trust instrument under which the property is received, including the expenditure of the principal, as well as the income, for the benefit of one or more such purposes, if authorised or directed in the trust instrument under which it is received.

37. Receive funds from other societies, companies, charitable organisations, government, local bodies and people, whether corporate or otherwise, national or international, and under such terms and conditions as may be agreed upon between the Western Himalaya Research and Development Organizationand the donor.

38. Provide for education, relief to the medical relief and advancement of any other charitable objects of general public utility.

39. Acquire and secure membership seat or privilege either in the name of the Western Himalaya Research and Development Organizationor its nominee or nominees in and of any association, company, Western Himalaya Research and Development Organization, body corporate or other institution in Pakistan or in any other part of the world for the furtherance of the objectives of the Western Himalaya Research and Development Organization.

40. Apply for and to obtain assistance (financial, technical or of any other type) from the government and from the semi government, private and other organisations, companies, firms or individuals, national or international, for developing or pursuing or facilitating all or any of the objectives of the Western Himalaya Research and Development Organization

41. Advance money for the business of this Western Himalaya Research and Development Organizationto such persons on such terms as may seem expedient and to guarantee the performance of any contract or obligation and the payment of money of or by any persons generally to give guarantee and indemnities without in any manner indulging in banking activities.

42. Pay out of the Western Himalaya Research and Development Organizationall expenses, costs and charges which the Western Himalaya Research and Development Organizationmay lawfully pay with respect to the promotion, formation, registration and establishment of the Western Himalaya Research and Development Organization

43. Buy, sell and / or import substances, articles and thing of all kinds capable of being used or which can conveniently be dealt in by the Western Himalaya Research and Development Organizationin connection with any of its objects.

44. Enter into any arrangements, amalgamation, union of interests, cooperation, joint ventures, reciprocal connection or otherwise with any person or firm or company carrying on or engaged in or about to carry on or engage in any business or transaction which the Western Himalaya Research and Development Organizationis authorised to carry on or engage in any business undertaking or transaction which may seem capable of being carries on or conducted so as directly or indirectly to benefit the Western Himalaya Research and Development Organization

45. Establish, provide, maintain and conduct or otherwise subsidise research laboratories and experimental workshops for scientific research, experiments and tests of all kind and to promote studies and scientific and technical research and investigation and invention by providing, subsidising or assisting laboratories, workshops, libraries, lectures, exhibitions, meetings   and conferences and by providing the remuneration of scientific pr technical professors, teachers, engineers and technicians and generally to encourage and promote and or/ reward studies, research, investigation, experiments, tests and invention of any kind.

46. Let all or any of the property of the Western Himalaya Research and Development Organization, whether immovable or movable and to hold, use, cultivate, work, manage, improve, carry on and develop the undertakings, land, immovable property and assets of any kind of the Western Himalaya Research and Development Organization or any part thereof.

47. Amalgamate with any Western Himalaya Research and Development Organization or societies having objects altogether or in part similar to those of this Western Himalaya Research and Development Organization.

48. Pay for any properties, rights or privileges acquired by the Western Himalaya Research and Development Organization, whether in cash or otherwise.

49. Sell or dispose of the undertaking of the Western Himalaya Research and Development Organization or any part thereof for such consideration as the Western Himalaya Research and Development Organization may deem appropriate.

50. Appropriate, use or lay out belonging to the Western Himalaya Research and Development Organization for streets, paths, pleasure grounds, allotments and other conveniences and to present or let out any such land to the public or any persons or Western Himalaya Research and Development Organization conditionally or unconditionally as the Western Himalaya Research and Development Organization may consider appropriate.

51. Dedicate, present or otherwise dispose of either voluntary or for value any property of the Western Himalaya Research and Development Organization deemed to be of national, public or local interest, to any national trust, public body, museum, corporation or authority or any trustees for on behalf of any of the same or the public.

52. And generally do and perform all such acts and things as may be incidental or conducive to the attainment of the above objects, or any of them.

2. Funds and Liabilities:

Article 3: Financial Resource

The organisation shall finance its resources for activities through:

• Annual membership fees.
• Contribution from sponsors and public organizations, as well as donations of any kind.
• Voluntary special contribution.
• Income from activities of the organization.

Article 4: Membership Fees

Membership is open for all domiciled in Pakistan or overseas regardless of sex and nationality. The membership fee is 5 Rs to become a member of the organisation in Pakistani currency.

Article 5: Liability

The liability of the individual member is restricted to his/her membership fee and the liability of the organization is to its total assets. For any obligation entered into by any individual member with third party, the organization can not be made for his/her own action.

3. Organization:

Article 6: Bodies

The organizational bodies are:

A.     General Body

B.     Board of Directors / Executive  Body

A. The General Body

Article 7: Corporate Powers

General body is the supreme authority, consisting of the members and is the ultimate decision making authority on all the matters of the organization. It has the following non-transferable powers:

1. Election of the board members.
2. Determination of the annual fee of the members.
3. Amendments or supplements to the article of association.
4. Approval of the annual accounts as well as of the business report of the board.
5. Resolution concerning expanses to the debit of the organization’s property in excess of rupees one million.
6. Release from the liability of the members of the board of the organization and the management.
7. Dissolution of the organization.
8. Resolutions concerning all other subjects which are reserved to the GB meeting either by law by the article of the organization or referred to it by the board.

Article 8: Convention

The ordinary GB meeting shall be convened by the board at least 20 days in advance by specifying the agenda. As a rule the GB meeting shall take place within first six months of the year following the business year.

Extraordinary General Body meetings shall be convened upon resolution of the Board or one third of the members provided that such a request is addressed to the Board in writing giving its purpose and agenda. In such case Board shall convene the General Body Meeting within four weeks.

Article 9: The Chair, Teller and Secretary

The Chairman of the Board presides over the General body meeting or in case of his absence vice chairman. A chairman of the day will be elected by the General Body to conduct elections. He appoints the teller.

The sectary keeps the minutes and the record.

Article 10: Quorum

The General Body meeting constitutes a quorum if at least one third of all the member of the organization is present.

Article 11: Resolutions, Votes

The General Body Meeting shall pass its resolutions by a simple majority of total membership. The casting vote lies with chairman.

The General Body meeting shall conduct its elections primarily on the basis of absolute majority, the second voting shall be on the basis of relative majority. In the event of equality of votes, casting vote of the Chairman would be decisive.

Resolutions concerning the amendment in the constitution, dissolution of the organization or merger with another organization require the presence of at least half of all the members and majority of two third of all the votes present.

The voting will be held in open unless one third of all the members present demand a secret voting.

Any change/ amendment in the constitution shall be effective after the approval of the Board and Social Welfare Department.

B. The Board of Organization

Articles 12: Votes, Terms of Office

The Board consists of a Chairman, Vice Chairman, General Secretary, Secretary Finance, Secretary Information and two members of Executive Committee/Board. The term of office is three years and re-election of the office bearers is permissible up to two consecutive terms and the process may repeat one more term.

Article 13: Corporate Powers, Duties

The Board represents the organization towards third parties. It affects all business which is not conferred upon the General Body Meeting by the Article of association or in individual cases by the Board itself.

In particular it has the following duties:

a. preparation of resolution concerning subjects and motions to be submitted to the General Body Meeting and execution of its resolutions.

b. Issuance of business rules, in particular the designation of the bodies competent for the management and representation of the organisation of the, as well as determination of their competencies.

c. Appointment and withdrawal of supervisory committee whose members must be the members of the organization whereby the cashier may not be part of the supervisory committee.

d. Examination and approval of the annual budget

e. Preparation of annual accounts

f. Employment and removal of employees

g. Resolutions concerning the legal proceedings and conclusion of settlements.

Article 14: Convention

The Board shall meet at the invitation of its Chairman or in his absence Vice Chairman as often as business so requires, at least in three months.

The Board shall also meet if any of its member submits a written request to the Chairman indicating the purpose of the convening such meeting.

Article 15: The Chair

The Chairman shall preside over the meetings and in case of his absence the Vice Chairman.

Article 16: Quorum, Resolutions

The Board constitutes a quorum if an absolute majority of two third of the total membership is present.

It shall pass resolutions and hold its elections with an absolute majority of votes present.

Article 17: Minutes 

Minutes shall be kept of all discussions, proceedings, and resolutions that must be signed by the Chairman and Secretary. Resolutions through circulation of letters must be included in the minutes of the next Board meeting.

The Secretary shall keep the minutes.

C. The Supervisory Committee

Article 18: Appointment, Functions

If required, the Board can appoint a supervisory committee consisting of members of the organization. The supervisory committee shall examine and verify inventory, invoice, book keeping and vouchers as written report in annual report of General body

Article 19: Term of Office

The term of office of the Supervisory Committee is for one year. It may be extended for an unlimited time. The power to appoint and to remove shall rest with the Board.

4. Memberships

Article 20: Membership

Membership can be obtained by participating in the formation of Organization and joining the organisation. The membership application must be in writing and addressed to the Chairman of the Board.

Article 21: Withdrawal

The withdrawal from the organization shall be affected by a written notice to the Board. It may end at any time, however, it shall neither release from the obligation to pay any contributions already due nor from paying the fee for running business year.

Article 22: Expulsion

Expulsion from the Organization requires a majority of two third of the members present at the Board/Executive body meeting. It can be made without giving reasons. But his/her appeal can be re-considered in the meeting of General Body, whose decision shall be final.

5. Statement of Account

Article 23: Business Year

a. The business year shall commence at the 1^st of January each year and end at 31^st December of the same year at which date the accounts must be closed. The annual membership fees must be paid in advance and shall be due each time at first of February. .

b. Audit of annual accounts of the organization shall be conducted from certified charted accountant.

6. Dissolution, Liquidation

Article 24: Dissolution, Liquidation

The organization may be dissolved in accordance with provision 10-12 of the Voluntary Social Agencies (Registration and Control) Ordinance 1961. In the event of dissolution/winding up the government may order any money or securities and assets, remaining after the satisfaction of the debts and liabilities to be paid or transferred to such other agencies as per provisions of Para 47 (1) (d) of the ordinance.

7. Accounts

Article 25: Accounts

a. The accounts of the organization shall be kept in any scheduled bank. 25% of all funds that are not utilized shall be invested in any government security scheme in the form of certificate/bonds, fix deposit as deemed appropriate by the Board.

 b. All the money, property is thereof solely will be utilized for the promotion of the objectives of the organization.

c. All the money, property or income or any part thereof will not be directly or indirectly paid by way of dividend, bonus or profit to any of its members or relatives.

d. The Chairman, General Secretary and Finance Secretary will be the joint signatories of the bank Account. Any two of them will be eligible to withdraw the amount.

Article 26: Role of Social Welfare Department

• A representative of the social welfare department will be invited to be present  in the meeting of the organization
• Social welfare officer shall act as advisor to the organization
• Social welfare Officer shall coordinate the services of the organization
• Social welfare Officer shall cooperate in preparation of any project proposal

Job Description of the Office Bearers :

Chairman:

The Chairman will be the constitutional head of the organization and will look after the affairs. He will have the powers to sign agreements, contracts and documents on behalf of the organization. He shall preside over the meeting of the Executive Body and General Body, except such a meeting in which no confidence has been moved against him. He will be co-signatory with the General Secretary / Finance Secretary in all the bank accounts maintained in the name of Organization.

Vice Chairman:

Vice Chairman shall work in coordination with and under the direction of the Chairman and work as Chairman in the absence of the Chairman with all powers.

General Secretary:

He will be the functional head of the Board/Executive Body. He shall be responsible for all the correspondence and maintaining relevant record. He shall keep the members informed about the activities of organization and summon meeting of the Board/Executive Body as well as General Body. He will be co-signatory with the Chairman and Secretary Finance in all the bank Accounts. He will issue the agenda of the meetings.

Secretary Finance:

He shall be responsible for maintaining bank accounts of the organization and keep the records of all the financial matters. He shall be co-signatory with the Chairman and General Secretary in all the bank accounts. He/she shall receive all the donations, funds, fees etc and shall deposit them in bank account of the organization. In the absence of the Secretary Finance, the Board/Executive Body shall appoint any member as Secretary Finance; the Board/Executive body shall appoint any member as Secretary Finance with aforementioned powers.

Secretary Information:

He/she shall coordinate and propagate the activities of the organization in media and will press release of every meeting.