The Constitution of the National Federation of the Disabled, Nepal – 1993

(Second Amendment 2004)

Preamble

All human beings are free by birth and they have equal rights and privileges. The disabled people (challenged) ones naturally own these rights. Therefore, they have a right to lead a prestigious life in the society and enjoy the rights to freedom, safety and equality. Keeping this in view, the National Federation of the Disabled, Nepal – 1993 has been established reiterating our faith and belief in the Universal Declaration of Human Rights and different proposals and declarations passed by the United Nations Organization regarding the rights of the disabled as well as ensuring the Fundamental Rights provided by the Constitution of the Kingdom of Nepal, 1990. The Federation aims at working towards safeguarding, promoting and acquiring the rights and interests of the disabled, and increasing the coordination, communication and understanding among the organizations and individuals working in the issue of disabled as well as encouraging the concerted efforts towards consolidating such organizations. Above all, it aims to effect economic, social, political and academic empowerment of the disabled people, and facilitate their participation and easy access to national policies and development activities.

Chapter

Introduction

1. Short Title and commencement:
a. The Constitution shall be known as the Constitution of National Federation of the Disabled, Nepal – 1993 or NFDN, in short.
b. The Constitution shall be enforced since the date of approval by His Majesty’s Government of Nepal.

2. Definition:

Unless the subject or context otherwise requires in this constitution

a. The “Constitution” shall refer to the National Federation of the Disabled, Nepal – 1993 along with the amendments made hither to.
b. The “Federation” shall refer to the National Federation of the Disabled, Nepal as mentioned herein the Constitution.
c. The “rules” shall refer to the rules drafted under the present Constitution.
d. The term “disabled” shall refer to Persons With Disabilities of all types and age-groups classified in the national gazette dated 2056/9/5 (ie ) in accordance with Disabled Protection and Welfare Act, 2039, Clause 3, Sub-clause (2) as well as physically and mentally disabled people, fully or partially
e. “General Assembly” or “Convention” shall refer to the General Assembly or Convention held in accordance with the Constitution of the Federation.
f. “Members” shall refer to organizations holding the membership as per the Constitution of the Federation.
g. “Delegates” shall refer to the delegates deputed by the members to take part in the Convention or General Assembly.
h. “Executive Committee” shall refer to the central Executive Committee constituted as per the Constitution.
i. “Members of the Executive Committee” shall refer to the officials holding post and members elected by the general assembly as well as nominees as per Clause 14.
j. “Mentioned or As Mentioned” shall refer to the matters mentioned in the Constitution or rules made under it.
k. “Fiscal Year” shall refer to 1st Shrawan to the end of Ashadh of every year of Nepali calendar. But for the sake of the registration of the Federation, the period will span from the time of the registration till the end of forthcoming Ashadh.

3. Seal and Establishment of the Federation:

a. The National Federation of the Disabled, Nepal shall be regarded as established since the enforcement of the Constitution. It shall be termed as the National Federation of the Disabled, Nepal or NFDN in brief.
b. The Federation shall own and use a seal with its name imprinted on it, as per the decision of the Executive Committee of the Federation. The same shall be marked or used on all the documents of the Federation.
c. The Logo and the flag of the Federation shall be in accordance with Appendix 1 and Appendix 2 of the Constitution respectively.
d. The Federation shall work as a non-profitable, indivisible, autonomous and organized association, and shall be entitled to acquire, use and dispose, and mortgage its movable and fixed properties (assets), and lodge complaints under its name.

4. Office of the Federation:

The office of the Federation shall be, for the time being, established in the Kathmandu Valley, and the location or address can be changed as deemed necessary by the Executive Committee. If changed it shall be informed to the local authority.

Chapter 2

Goals and Objectives of the Federation

5. Main Objectives:

The Federation shall have the following goals and objectives as per the existing laws of the Kingdom of Nepal.
a. To safeguard and promote the rights and interests of the disabled people inhabiting in Nepal.
b. To ensure the participation and easy access of the disabled in policy making on national level.
c. To act and administer activities towards creating an environment conducive to prestigious life in the society, in a free, safe and equal manner by the disabled.
d. To effect economic, social and political empowerment for making out a livelihood in a manner that promotes a sense of having self-respect.
e. To provide and make others provide an easy access and equal opportunity to the disabled in transportation,health,communication,education, employment and reservation in other different sectors.
f. To provide equal opportunity of participation of the disabled in the programmes and activities of national development.
g. To work as the patron of all the unions organizations of the disabled working in the Kingdom of Nepal.
h. To create and provide Barriers free environment for the People With Disabilities.
i. To act for the institutional development of the member organizations.

6. Activities:

The Federation shall run and administer the following activities to achieve the major objectives mentioned above.

a. The Organization shall execute and administer the implementation of its objectives in accordance with the existing laws of Nepal.
b. To conduct studies and researches, provide advocacy and discussion programs on different issues related with the disabled, to hold meetings and seminars, and publish and administer the publication of the related reports, books and journals.
c. To arouse awareness against the widespread hatred, discrimination and indifference existing in the society towards the disabled.
d. To collect and ask others to collect national data and statistics periodically about the disabled.
e. To hold educational, cultural, literary and sports programmes and motivate others to organize the same for the recreation and physical, mental and intellectual development of the disabled.
f. To administer the execution of safeguarding the rights of the disabled according to the provision of the Disabled Protection and Welfare Act, 2039, and other existing laws and international covenants and conventions and work for the constant development of the same.
g. To exchange the co-operation and experience among the national and foreign agencies.
h. To procure, earn and possess and sell of fixed and running assets for the welfare of the Federation, and denounce its rights on the same as deemed necessary.
i. To do other activities for the welfare and interests of the disabled without breaching the existing laws.
j. To build a house or rent or lease the same as deemed necessary for the Organization, and purchase or hire computers, telephones, typewriters, fax and other official logistics, as well as vehicles and conveyances.
k. To appoint or employ staff deemed necessary for the Organization, and fix the terms and conditions of their service.
l. To develop institutionally the code language and Braille script.

Chapter 3

Membership

7. Membership Qualifications:

The membership and voting rights are confined exclusively to those organizations which have made substantial contribution to safeguarding the rights and interests of the disabled and have been registered with the concerned District Administration Office, are accordingly affiliated with the Social Welfare Council, and have duly renewed their membership for the year they are seeking membership.

a. The Executive Committee shall provide membership to any organization established in accordance with Clause 7 and working for the rights and interests of the disabled on the latter’s payment of Rs. 200.00 as enrollment fees and Rs. 300.00 as annual dues.
b. The annual dues must be paid every year by the end of the fiscal year. Failing which, the member must pay 5% additional for renewal within three months, 10% additional for renewal within six months, and 25% additional for renewal within a year.
c. If the member fails to renew its membership within the above mentioned time of a year, it must pay enrollment charges again to acquire the membership of the Federation.

8. Other Types of Membership:

The Federation shall award other 3 types of membership as mentioned below:

a. Honorary Membership
b. Advisory Membership
c. Assistance Membership

a. The Executive Committee can decide and award its Honorary Membership to any organization and individual that has made special contribution to safeguard the rights and interests of the disabled.
b. The Executive Committee can offer its Advisory Membership upon any organization or individual that it deems able to provide the Federation with special advice and assistance in regards with its work performance (WP).
c. The Executive Committee can offer its Assistance Membership upon any international organization and donor agencies that wish to tender their help and assistance to the Federation.
d. The names of all the Federation members shall be registered and the latter shall be awarded with their membership certificates.

9. Repaled by the First Ammendment of the Constitution 2004

9. Expiry and Termination of Membership:

The Federation membership of the concerned shall expire in and under following conditions.

a. On acceptance by the Executive Committee of the member’s written resignation.
b. On dissolution or merger of the institutional member.
c. On failure to attain membership as per Clause 7.
d. The Executive Committee can terminate the membership of a member acting against the interests of the Federation for a stipulated period. But the decision to that effect shall be subject to the endorsement by the 75% majority of the General Assembly.
e. On the evidence of breaching the secrecy.

Chapter 4

Convention or General Assembly and Executive Committee

10. Procedure of Constituting the Convention or General Assembly:

a. The General Assembly of the Federation shall consist of the delegates as fixed or deputed by its members. Other types of Federation members shall take part in its General Assembly as the observers.
b. The observer members shall have all rights as enjoyed by other members, save those of voting and candidacy.
c. The General Assembly shall have following delegates (representatives) and observers.

i. 2 delegates preferably women from among the organizations of the disabled.
ii. 1 disabled delegate from among the organizations having 51% of membership in the Executive Committee.
iii. 1 disabled observer from among the organizations having less than 51% of membership in the Executive Committee.

d. The Executive Committee can invite people from other sectors as well, as the observers if it deems necessary.

But an assisting guardian can be appointed for the representative deputed from the organizations related with mental retardation, as ordered by the same and as per the international trends. In case of other types of disabled, the members themselves shall work as the representatives. Priority, however, should be given to severe disabled and disable representatives so far as possible.

11. Convention of General Assembly and its Works, Duties and Rights:

a. The Federation shall convene its General Assembly once every year.
b. The quorum shall be established by the presence of 60% of the members’ representatives.
c. The members should be notified at least 21 days about the date, time, venue and agenda before convening the General Assembly.
d. If the General Assembly fails to be held in lack of a quorum of 60%, a period of 7 days shall be added to the same. But the same can be held on the extended date even if the quorum is not established, as the situation allows considering it having the quorum being established.
e. The Executive Committee can hold Special General Assembly any time if it realizes necessary. The notice to this effect shall be issued to each and every member at least 21 days before such convention.
f. The President (Chairperson) must issue a notice within 30 days of receiving a written plea by the 1/3 members of the Federation having voting rights calling for a Special General Assembly specifying a reason, and such notice should be issued 15 days before the same.
g. The members are forbidden to discuss on any agenda other than pre-notified ones without seeking the Chairperson’s permission.

12. A. Works, Duties and Rights of the Convention:

The Convention of the National Federation of the Disabled shall be held once every three years. The representatives and observers for the Convention shall be in accordance with Chapter 4, Clause 11.

a. To do all the activities of the General Assembly in the year the Convention is held.
b. To hold elections of the Executive Committee.
c. To issue a declaration or charter including the rules and policies of the Federation.
d. The Convention shall constitute the supreme body of the Federation.

13. Works, Duties and Rights of the General Assembly:

a. To discuss on the work reports and details of incomes and expenditures of the previous year and endorse (pass) the same.
b. To make policies and decisions on behalf of the Federation, and issue directives to the Executive Committee.
c. To determine the annual programmes for the forthcoming fiscal year.
d. To pass the estimated budget of the organization.
e. To appoint an auditor for the forthcoming fiscal year.
f. To amend the constitution.

14. Constitution of Executive Committee:

Elections shall be held for an Executive Committee consisting of 1 disabled as the President and 17 members from among those having voting rights in order to perform everyday activities. Following office-bearers shall be elected from among the members elect of the Executive Committee. The Executive Committee shall be constituted with 1 nominees, thus its members totaling 19 in number.

a. The Executive Committee shall have following office-bearers from among the elected members. They must have proportionate representation of all types of Persons With Disabilities.

i. Vice-President.........................................................1
ii. Secretary-General....................................................1
iii. Secretary..................................................................1
iv. Treasurer..................................................................1

b. The members of the Executive Committee shall be elected with representation of following types of disabled people

i. 2 people with 1 woman from among the physically disabled.
ii. 2 people with 1 woman from among the deaf and hard of hearing people.
iii. 2 people with 1 woman from among the mentally retarded disability.
iv. 2 people with 1 woman from among the blind and visually impaired people
v. 5 people from 5 development regions (1 person from each region)
vi. 4 people including one from each four disabled category (Physical, Blind, Deaf, Mentally Retarded) among severely disabled people.

c. While nominating members for the same clause 14 (a) for the purpose of the same, 1 member shall be nominated by the Executive Committee from among those, ‘other category’, dalits, indigenous tribes not represented therein, and those from geographical regions and famous and reputed dignitaries among disability movement. But such nominees should not be the ones defeated in the election.
Justification: - ‘Other category’ refers to those persons with disability who are not defined yet and not included in the current definition so far.

d. The office-bearers and members of the Executive Committee shall serve for tenure of 3 years.
e. An individual cannot hold a position for more than 2 terms. The position herein refers to President, Vice-President, Secretary-General, Secretary and Treasurer.
f. Only 1 member from an institution can file his/her nomination or candidacy.

15. Expiry of Executive Committee Membership:

The Executive Committee membership shall cease or expire in the following conditions:

a. On acceptance of the written resignation.
b. On not remaining (quitting) the membership of the Federation.
c. On the General Assembly passing a “No-Confidence Vote”.
d. On absenting for three consecutive meetings of the Executive Committee without prior notice but the concerned shall not be deprived of an opportunity to provide clarification or to defend his/her case for the purpose of the Sub clause.

16. Meeting of the Executive Committee:

a. The Executive Committee meeting shall be convened on the given venue, date and time by the Secretary-General as per suggested by the President.
b. The Executive Committee shall form a quorum of simple majority.
c. The Executive Committee shall convene at least 6 meetings in a fiscal year.
d. All the decisions of the Executive Committee shall be minuted.

17. Works, Duties and Rights of the Executive Committee:

a. To execute the policies, directions and decisions of the General Assembly.
b. To appoint a Returning Officer.
c. To fill up the vacancy (for any post fallen vacant) from among other members till the next General Assembly is convened.
d. To appoint any staff necessary for the Federation, and fix their wages and terms and conditions of service.
e. To draft and execute the programmes for fulfilling the goals and objectives of the Federation.
f. To draft and execute necessary laws and bye-laws for work performance of the Federation.
g. To delegate some or all the rights and duties of the Federation to the Executive Committee members or any staff and fix the terms and conditions of such delegation.
h. To form different committees and sub-committees consisting of the Federation members for the attainment of its goals and objectives.
i. To do other activities as fixed. It should also get the decisions of the secretariat endorsed (ratified) and can form sub-committees as deemed necessary.
j. It can appoint an Executive Director for the office, and fix his/her works and terms of conditions of the service.

Note: The decisions of the Executive Committee, unless and otherwise mentioned, shall be made by a majority of the members present in the meeting.

Chapter 5

Works, Duties and Rights of the Executives

18. Works, Duties and Rights of the President:

a. To work as the Chief of the Federation.
b. To convene the meeting of the Executive Committee.
c. To make necessary correspondence on behalf of the Federation.
d. To execute and administer the execution of the policies and decisions passed by the General Assembly.
e. To preside over the General Assembly or Executive Committee meetings and cast a decisive vote in case of a draw.
f. To do other works as mentioned.

19. Works, Duties and Rights of the Vice-President:

a. To assist the President in the latter’s work or do works as delegated by the latter.
b. To do all the works of the President in the latter’s absence.
c. To do other works as mentioned.

20. Works, Duties and Rights of the Secretary-General:

a. To keep and execute the minutes (records) of the decisions made the Executive Committee, and administer the same.
b. To take the responsibility of daily affairs of the Federation.
c. To supervise and control the staff.
d. To do other works as mentioned.

21. Works, Duties and Rights of the Secretary:

a. To assist the Secretary-General in the latter’s work or do works as delegated in writing by the latter.
b. To do all the works of the Secretary-General in the latter’s absence.
c. To do other works as mentioned.

22. Works, Duties and Rights of the Treasurer:

a. To keep an account of the incomes and expenditures and administer the same.
b. To present a report of the incomes and expenditures in the General Assembly and Executive Committee meetings.
c. To prepare the annual budget of the Federation and present the same in the General Assembly through the Executive Committee.
d. To do other works as mentioned.

23. Works, Duties and Rights of the Other Members of the Executive Committee:

a. To assist other executives in everyday affairs.
b. To cast votes while executing the decisions of the Executive Committee.
c. To do other works as mentioned.

24. A. Regional Committee:

a) There will be a regional committee in the president ship of regional president in each of the development region. The executive committee including 7-11 members with one nominated member will be formed having proportionate participation of all types of disability from among the affiliated organizations of respective region. The committee should include at least 3 women members. The central executive member of that region will be the automatic member of regional committee.
b) The participation of the representatives in the regional meeting and regional convention shall be as per the No. 11 and 12 of this constitution.

24 B. Works, Duties And Rights Of The Regional Committee

a) To act as per the central committee’s instructions and under objectives and activities of the constitution.
b) To coordinate among the district level organizations, regional office and NFDN
c) To extend member organizations in the district where there are no more affiliated organizations of NFDN
d) To send the progress report of regional and district level organizations at the central office regularly.
e) To effort for the capacity building of the organizations and committees run under the regional office.
f) To implement developmental activities of each district through regional committee.
g) To renew the member organization of NFDN and send its details at central office.
h) To recommend and send details of each organizations who intend to be affiliated in NFDN.

24 C. Works, Duties And Rights Of Regional Convention.

Regional convention will be held at once in every three years. The participants and observer of the regional convention shall be arranged as per the 4.11 of the constitution.
a) To do all works of regional assembly in the year of regional convention
b) To elect Regional executive committee
c) To prepare work plan as per the regional necessity and the policy and rules of NFDN
d) Regional convention shall be the supreme part of the regional body.

24 D. Works Duties and Rights of General Assembly

a) To discuss and approve the progress report and income & expenditure details of last year
b) To implement the policy and decision taken by NFDN and instruct the regional committee.
c) To fix the programmes for the following year.
d) To approve the estimated budget of income and expenditure for the following year
e) To appoint the auditor for the following year
f) Further arrangement shall be made as per the instruction from central committee.

Chapter 6

Financial Management

25. Financial Resources:

The Federation shall run a separate fund in its name. The fund shall have following amounts or sums:

a. The membership dues of the Federation.
b. Donations received from national and foreign donor agencies.
c. Other amounts obtained by the Federation.
d. Donation received from HMG/N.
e. The prior permission shall be taken from the Government before receiving the foreign Aid.

26. Details of the Movable and Immovable Property:

a. The Federation shall keep intact the record of all its movable and immovable property.
b. The Federation shall incur all the expenses as foxed by the Executive Committee.

27. Fund Operation:

a. All other amounts than the petty amounts necessary for daily use of the Federation shall be deposited in a bank or banks as decided by the Executive Committee.
b. The account of the Federation shall be operated jointly by the Treasurer and President or Secretary-General.

28. Auditing:

a. An auditor appointed by the General Assembly shall audit the incomes and expenditures of each fiscal year as well as the existing movable and immovable property of the Federation.
b. The audit report of the Federation shall be presented every year to local authorities and Social Welfare Council.

Chapter 7

Provisions for Elections

29. Provisions for Elections:

The electoral procedures shall be, unless and otherwise mentioned, as per ruled by the Returning Officer appointed by the Executive Committee.

30. Qualifications for the Candidacy of the Elections of the Executive Committee:

Only those people representing the Federation members can contest for the post of the President and members of the Executive Committee who have paid all the kinds and cash to the Federation due on them.

The candidate for the Presidency must have served at least a term in the Central Executive Committee or Central Ad Hoc Committee.

31. “Vote of No-Confidence”:

a. Any member of the Executive Committee can be terminated from his/her post through a “No-confidence Vote” by the 2/3 of the total members present in the General Assembly. But the accused shall not be deprived of the right to defend his/her case.
b. The “No-confidence Vote” can be discussed only in the Special General Assembly convened in accordance with the Clause 12 (f).
c. Another “No-confidence Vote” cannot be proposed against such member/s or Executive Committee within the 6 months of their election or failure of the proposal.

Chapter 8

Miscellaneous

32. Constitution Amendment:

If it is deemed necessary to amend the constitution or any Clause of the Constitution of the Federation, the ¼ members of total representatives of the Executive Committee or Federation having voting rights can present a proposal of that effect in the General Assembly. If passed by 2/3 majority of the total representatives of the Federation having voting rights, the said amendment shall be implemented with the consent of the local authorities and the given amendment shall be regarded as a part and parcel of the Constitution.

33. Explanation of the Constitution:

a. The explanation of the Constitution of the Federation shall be as made by the Executive Committee.
b. If a debate arose regarding the explanations given in Nepali and English, the same would be resolved in reference to the Nepali version of the Constitution.

34. Making Laws and Bye-Laws:

The Executive Committee can make necessary laws and bye-laws within the periphery of the Organization Registration Act, 2034 and Organization Registration Law, 2034 and this Constitution in order to fulfill the goals and objectives of the Federation.

35. Dissolution of the Federation:

If the Federation fails to perform as per its Constitution or on other accounts, the same shall be dissolved and all its property shall be transferred to His Majesty’s Government.

36. Any matters mentioned herein shall be rendered null and void if they contradict with the existing laws of the Kingdom of Nepal.