Constitution

1.    Name

The name of the incorporated foundation shall be Punya Foundation. It is referred to herein as the “foundation”. The foundation shall be a non-political, charity based welfare forum without any religious, cultural, ethnic prejudices and inclinations relating to caste, creed and gender. It is here to from referred to as the Foundation- a non-profit dais for all who seem eligible for the targeted motto of the forum.

2.    Definitions

  • Foundation refers to an absolutely non-profit, a charity forum.
  • Committee refers to the board that is authorised to manage the affairs of the foundation
  • Act refers to the Association Incorporation Act of Australia 1985
  • Seal is the logo of the forum, the use of which is defined and limited to certain assigned body/committee of the forum
  • Year is understood as the English calendar year- twelve months period starting from January and ending up in December. Month applies to English calendar month.
  • Donors here are assigned to any national or international individuals, organisations, or the government bodies helping with funds and resources
  • General meetings means the meetings arranged at least twice a year in presence of founding body, chairman, director, coordinators, central working committee and others associated as far as applicable.
  • Dispute resolution/common consensus refers to the solution and common platform reached through discussions in the presence of optimum bodies of the foundation in accordance to the referred Act.
  • Surplus assets means the property remains of the forum after it winds up
  • Minutes means the records of the meetings and proceedings
  • Rules apply to the rules of the forum under discussion as per the Act
  • Reporting/Financial reporting: records and proofs of the meetings, proceedings, treasure and transaction.
  • Rules apply to the rules of the foundation
  • The constitution mentioned herein is the constitution of the foundation and shall be understood as this unless otherwise stated.

3.    Aims and objectives 

3.1. Aim

Punya Foundation is a non-profit charity forum aimed at campaigning against torture deaths, trial less detentions and imprisonments and disappearances to empower rendered unprivileged children through education, and struggle against cruel and inhumane treatments occurring across the globe. It aims to help children of torture victims, prisoners and martyrs. It is aimed at logical and peaceful ground to seek justice against inhumane imprisonment, disappearance, torture, detention and murder. It endeavours in assisting to provide relief and comfort to the victims of torture, trauma and imprisonment and vulnerable ones.

 3.2. Objectives

3.1.1. To contribute to the self-reliance and empowerment of the vulnerable children of martyrs, prisoners and people disappeared by the state agencies or by the groups waging armed struggle

3.1.2. To seek justice and peace through education, empowerment and relief provision to underprivileged, vulnerable children, traumatised, widowed and disappeared men and women or foster parents and those in genuine need.

3.1.3. To cherish the sacrifice and contribution made by the martyrs and loss suffered by their families while fighting for human rights and democracy, organising literary, relief and cultural programs

3.1.4. To disseminate the incidents of torture deaths, imprisonments and cases of disappearances and plight of the prisoners, torture victims and their children to rest of the world through education and simultaneously joining hands with the wider international community for peace, brotherhood and solidarity partnering to the noble cause for the suffered, traumatised, and forgotten ones.

4.    Powers

The foundation shall have all the powers conferred by the section 25 of the act. 

The foundation shall have powers to plan and execute activities to fulfil its aim and objectives. The power of the foundation for execution of any type of initiative shall be determined by referring to the powers conferred by the section 25 of the Act in the common consensus of the central working committee in the presence of founding board, planning committee, committee members, volunteers, donors and well-wishers as far as applicable. The division of the power among different bodies involved is defined in the Article 6 below. 

5.    Membership

5.1. The foundation shall not have members.

5.2. It shall have volunteers, donors  partners and well-wishers

5.3. The foundation encourages all donors, volunteers, partners and well-wishers from across the globe. The foundation regards their good work for difference and good cause with due respect. 

6.    The committee 

6.1. Powers and duties

i. The foundation shall have a committee to plan and execute its affairs

ii. The committee shall have authority to generate and manage the fund

iii. The committee shall have power to interpret the rules and make decisions in favour of the foundation, when rules are not discrete or silent.

iv. Abiding by the law of the land and the Act, the committee shall have authority to amend the constitution

 v. The committee shall have power to appoint a public officer. It shall appoint a guardian and advisors. The committee shall appoint coordinators and volunteers as per need to plan and execute the programs from all across the globe

6.2. Appointment

6.2.1. The committee shall comprise of at least, a chairman, a director,  a coordinator, a public officer and a treasurer.

6.2.2. The committee shall, as per need, appoint unlimited numbers of coordinators and volunteers at regional and implementation level.

6.2.3. The first committee members shall be appointed based on their capacity, contribution and mutual understanding.

6.2.4. The committee can serve for unlimited period.

6.2.5. In case of lack of competencies, willingness, and inadequate time devotion, the committee based on majority can replace any of the committee members.  

6.2.6. In addition, the committee shall appoint a person to fulfil a vacancy or to extend the committee 

6.2.7. Any individual willing to work for the foundation can apply to be a committee member. The existing committee shall make a decision.

6.3. Responsibilities

6.3.1. Guardian

6.3.1.1. Shall remain informed over the scholarship program, its progress and challenges

6.3.1.2. Shall advice the chairman in issues concerning planning and policy formulation

6.3.1.3. Shall attend functions and represent the program if  requested 

6.3.2. Advisors

6.3.2.1. Shall provide advice to the chairman and assist in planning and policy formation whenever requested

6.3.2.2. Shall play vital role in advocacy and fund generation

6.3.2.3. Shall assist the chairman to solve conflicts

6.3.3. Chairman

6.3.3.1. Shall be the executive head

6.3.3.2. Shall be responsible for the overall coordination of the foundation, advisory task and fund generation

6.3.3.3. Shall preside over all the meetings and functionalities

6.3.3.4. Shall represent the scholarship program to other partner organisations

6.3.3.5. Shall nominate public officer and treasurer and as per need the coordinators and volunteers in consultation with other committee members

6.3.3.6. Shall in consultation with other committee members, as per need, trust and confidence nominate advisors and can seek their consultation in decision making process.  

6.3.3.7. Shall, when needed, seek solutions to confusions and conflict in consultation with the committee 

6.3.4. Director

6.3.4.1. Shall be the program operational head

6.3.4.2. Shall in consultation with the chairman be responsible for proposals, planning, implementation and overall direction of the program and fund generation

6.3.4.3. Shall have power to delegate responsibilities to other committee members and volunteers

6.3.4.4. Shall, in absence of the chairman, preside over the meetings and exercise responsibilities due to the chairman  

6.3.4.5. Shall, in consultation with the chairman, represent the scholarship program to other partner organisations

6.3.4.6. Shall, function as a bridge between all the committee members and programs. 

6.3.5. Coordinators

6.3.5.1. The foundation shall have coordinators at regional and local level.

6.3.5.2. The coordinators shall take part in documentation, information collection, planning of programs and activities; in consultation with the chairman and director

6.3.5.3. Shall take responsibility to represent the welfare forum, contribute to planning and implementation of activities and fund generation in consultation with the committee

6.3.5.4. Coordinators at the local level shall play active role in information dissemination, in selection process, make field visits and collect data for necessary planning and action 

6.3.6. Public officer

6.3.6.1. The public officer shall act as a central contact person for the foundation

6.3.6.2. Shall represent and communicate with the Office of Consumer and Business Affairs and shall fulfil all the legal requirements pertaining to the foundation in consultation with the chairman

6.3.6.3. Shall take part in documentation, information collection and planning of programs and activities in consultation with the committee

6.3.6.4. Shall take active role in organising meetings and reach among all the committee members

6.3.6.5. Shall organise discussion programs, information dissemination events and shall be active in fund generation.

6.3.6.6. Shall seek up to date information from the local coordinators and share among the committee members and donors. 

6.3.7. Treasurer

6.3.7.1. Shall assist in documentation, information collection and planning of programs and activities in cooperation with the committee

6.3.7.2. Shall keep record of source of income and its expenditure

6.3.7.3. Shall release the budget on approval of the chairman and the director

6.3.7.4. Shall periodically report to the committee over financial situation

6.3.7.5. Shall prepare an annual report and present to the committee

 6.4. Proceedings of committee

6.4.1. The committee shall organise meetings at least 2 times per year and as necessary

6.4.2. 50% of committee members shall fulfil the quorum

6.4.3. The chairman shall preside over the meetings. He/she shall delegate the responsibility in case of his unavailability.  

6.4.4. Since the committee of the foundation are not limited to one country, the meetings can be via video conference, chat, or via vigorous email communications

6.4.5. If financially feasible, the committee shall meet in person to discuss over the progress and conduct of the foundation once a year

6.4.6. All decisions during the meetings shall be in favour of the foundation’s objectives; and in case of equality the common consensus of central working committee and the chairman shall have the power to act. At the times of conflicts of interests and common consensus the chairman shall have a veto.  

 6.5. Disqualification of committee members

 The post of a committee member shall fall vacant on following grounds

 6.5.1. The Act Labels disqualified to be a committee member

6.5.2. Expelled due to violation of the rules

6.5.3. Remaining inactive or not able to fulfil the responsibility

6.5.4. Permanently incapacitated by ill health or death

 7.    The seal

7.1. The seal of the foundation shall have its name on it.

7.2. All the committee members can affix the seal. It is obligatory to record its use and purpose. The use of the seal should be shared with at least one committee member. The power to use the seal is vested in the defined committee and working body of the foundation.

7.3. Since the use of seal is an important case, it ought to be included in the minute book of the foundation. The seal is used in authorization of the central working committee.

7.4. Over the disputes during the conflicts of interests, the two third of the working committee/coordinators and volunteers will determine. 

8. Minutes

8.1. A record of all the meeting minutes shall be maintained

8.2. All the donors and volunteers shall have access to the meeting minutes

8.3. The meeting minutes agreed/accepted by at least 50% of the committee members shall be evidence of meeting

convenience and valid. 

9. Dispute resolution

9.1. The committee shall have authority to resolve the disputes

9.2. The chairman shall take a lead in dispute resolution and shall try to accomplish this with in 4 weeks

9.3. If the dispute cannot be resolved, the chairman may seek advice from the advisors

 10. Financial reporting

10.1. Financial year

10.1.1. The financial year of the foundation shall commence from 1st January and end on 31st December

10.1.2. The end of the first financial year of the foundation shall be 31st December 2011 

10.2. Accounts to be kept

10.2.1. The foundations shall maintain all account details and transactions

10.2.2. The financial status of the foundation shall be maintained

10.2.3. The responsibility of financial records and transactions will be vested in the hands of the treasurer

10.2.4. The use of treasure: used and fund raised shall be transparent at each meeting in minutes and final reports of the treasurer.

11. Prohibition against securing profits for members

11.1. The committee members shall work on voluntary basis

11.2. The committee members and volunteers can claim

11.3. Remuneration for the rendered service or the expenses incurred with evidence

11.4. Such remuneration shall be approved by the chairman

12. Winding up

12.1. The winding up shall be in accordance to the Act

 13. Application of surplus assets

13.1. After winding up, if the assets remain surplus, it shall be donated to organisations having similar objectives

13.2. Such organisations shall be decided by the committee members 

14. Rules

14.1. The committee shall have authority to bring amendments to these rules under the provision of the Act

14.2. The amendments shall be registered with the Office of Consumer and Business Affairs, Corporate Affairs Commission, as required by the Act.

14.3. All the members, donors, well-wishers and volunteers shall abide by the constitutional norms and shall agree to be bound by all provisions thereof.