(Including the 1st Amendment promulgated on Saturday, the fourteenth day of the month of Ashwin of the year 2057 Bikram Sambat, September 30, 2000)
We the members of the Nepal Geotechnical Society, in the pursuit of establishing a progressive national cooperation, enhancing exchange of information on research and developments in Geotechnical Engineering and committing ourselves to the welfare of Nepal and human society, do hereby promulgate this Constitution and By-laws.
Article I. NAME
The name of the Society shall be “Nepal Geotechnical Society” hereinafter referred to as the Society. The term Geotechnical has been used here in a broader sense that shall include Soil Mechanics and Foundation Engineering, Geomechanics and Rock Engineering, Engineering Geology and Environmental Geotechnics, Science of mitigating natural and man made hazard and other geotechnical disciplines.
Article II. OBJECTIVES
General purposes of the Society are:
- To help in developing a more thorough understanding of the science as well as the art of Geotechnical discipline with Members of the Society for the development of Nepal;
- To enhance the practice and application of site or ground investigation in developing sound engineering designs for foundation, surface and sub-surface excavations, mineral exploration and geotechnical and geo-environmental related problems and conditions;
- To foster and encourage the application of geotechnical engineering techniques in relation to the environmental and engineering applications, with especial attentions to natural and man-made hazards and its mitigation;
- To foster common scientific interest of geotechnical professionals and their colleagues in engineering and applied sciences in order to maintain a high professional standards among its members, fellows and other interested persons in this field; and
- To protect the rights of Geotechnical professionals and assist them for technological advancement.
Article III. FUNCTIONS
The Society shall:
- Bring all geo-scientists and geo-engineers under one umbrella, seek country representative status from geo- engineering and related international organizations, and actively promote and support the inclusion of the fields of geotechnical discipline in all related organizations;
- Disseminate academic and professional information that it receives from international societies to related professional organizations, research and academic institutes in Nepal;
- Provide technical forum between geotechnical engineers and geo-scientists with researchers, engineers and scientists of other discipline;
- Work closely with other professional societies promoting research and development activities in order to maintain sound geotechnical engineering practices;
- Foster cooperation with other national and international organizations working in geotechnical field and provide forum for the exchange of technical information and the advancement of the state-of-the-art reports on geotechnics and its application;
- Encourage research activities in geotechnical engineering fields, and publish technical articles, papers, and newsletters on the research activities;
- Work on solicitation and receipt of funds, donations, fees or other forms of financial support in agreement with objectives of the society; and
- Not to allow political or politically motivated activities within the Society in order to safeguard its technical and professional ethics and norms.
Article IV. MEMBERSHIP
There shall be six types of memberships. Each type shall have following specific requirements:
a) General Member
Any person with a valid Bachelors degree in engineering or geo-science or higher degree in geotechnical related fields shall be qualified for General Membership.
b) Life Member
(i) Any general member, having the membership continued for 5 years, can apply for Life Membership after paying the ascertained amount of fees;
(ii) Any general member, who has paid the membership fee for at least 25 years and is 60 years old, shall automatically become Life Member of the society.
c) Fellow Member
Any general member, having acquired membership continuously for 5 years and having had outstanding academic or professional records, shall be eligible for a Fellow Membership. The minimum age of the applicant in such a case shall be not less than 35 years.
d) Corporate Member
Any corporation working in geotechnical related fields shall be qualified for corporate membership.
e) Honorary Member
Any national or international individual who have outstanding contribution in pioneering Engineering field or leading human society may be awarded Honorary Membership of the Society. Any member of the Executive Committee revealing the professional record of the individual should put such proposal forward in any General Body meeting of the Society.
f) Student Member
Any student admitted in the undergraduate course of Engineering or geo-science shall be eligible for Student Membership.
(i) An applicant for the membership, except for the Life and Honorary membership defined in sub clause 1 b) (ii) and e), respectively, shall apply in writing to the Society with required amount of fee. The membership fee shall be as decided by the Executive Committee. The applicant shall be notified immediately after the approval of membership from the Executive Committee.
(ii) The Executive Committee shall have all rights regarding acceptance or rejection of the application.
(i) If any Member engages in activities, which in view of the General Body meeting of the Society are against and detrimental to the Society, his/her general membership shall be revoked by the 2/3rd of the vote cast in the meeting. However, every opportunity shall be afforded to the member to clarify and defense against the accusation.
(ii) The Membership rights shall be revoked if the Member fails to pay his/her current annual fees and any additional fee of the Society, if any, for consecutive three years.
(iii) All students Members shall cease to be Members at the end of the academic course, for which they were accepted.
(iv) Membership shall ceases if the member resigns and the resignation is accepted by the Executive Committee.
(v) Membership shall cease if the member is dead.
(vi) Membership shall cease if the member is proved to have mental disorder.
Article V. RIGHTS AND DUTIES OF THE MEMBERS
- All members shall work towards achieving the objectives stipulated by Article II of this Constitution. The members shall work coherently with the Executive Committee and shall be deemed responsible for implementing the decision taken by the Society including those of the Executive Committee.
- All members shall attend and actively participate in the General Body Meetings of the Society as his/her rights as well as his/her responsibility as a bona fide member of the Society.
- All members shall have rights to access the documents of the Society including minutes of the meetings and transactions of the funds.
- All Nepalese members, except Honorary, Corporate and Student Members, shall enjoy their franchise in a democratic manner. They shall have full rights to contest in all elections of the Society.
- All members, except Honorary Members, shall pay membership fee for the year by the end of the month of Chaitra, the month of Baishakh shall herald a new fiscal year for the Society. If any member fails to pay the due in time, he/she shall forfeit the rights explained in Article V. The membership rights, however, would be reinstated once the dues owed to the Society are cleared. In case the membership had been revoked as per Article IV.3.(ii) of the Constitution, he/she shall follow the process of a new member.
Article VI. ORGANIZATIONAL STRUCTURE
1. Executive Committee
(i) The Society leadership shall consist of an Executive Committee with a President, a Vice-President, a Secretary General, a Joint Secretary, a Treasurer and 6 Executive Committee Members duly elected by the General Body Meeting of the Society.
(ii) The Executive Committee shall be the governing body of the Society and shall be responsible for the day-to-day affair of the Society. It shall have the power to regulate its working procedures on its own. The Committee shall be answerable to the General Body of the Society.
(iii) The officers shall be elected once every 2 years. The period will be counted from the start of the Nepalese New Year (first day of Baishakh), irrespective of their election date.
(iv) In the event of a vacancy, the Executive Committee shall choose a successor to serve the office for the remainder of the time. However, if the!!post of President remains vacant for whatever reasons, the Vice President may assume the post as the Acting President for the reminder of the term. The Acting President shall call for the General Body Meeting within three months and seek endorsement for his/her accession to the post. The General Body Meeting shall!!reserve all rights to endorse the proposal or form an election committee entrusting it to elect the new Executive Body as soon as possible. The!!Acting President and his/her team shall remain in the office till the new committee takes its responsibility.
(v) The Executive Committee shall have rights to form committees or subcommittees to perform any job under their jurisdiction. The committees thus formed, however, shall be responsible and answerable to the Executive Committee and shall work under the given framework of guidelines set before the formation.
(vi) The Executive Committee may constitute an Advisory Committee comprised of former officers of the Society. The Advisory Committee shall act as an advisory body to the Society. The Committee shall consist of a Chairman and other Members as deemed necessary by the Executive Committee. The tenure of the Committee shall be of two years from the date of appointment.
2. Duties of the Officers
(i) The President shall preside at all meetings of the Society. The President shall direct the affairs of the Society and shall be responsible for the implementation of motions passed at the meetings of the Society. He/she shall seek a consensus of the Executive Committee on all matters related to the implementation of general policies of the Society. In the absence of other officers the President shall assume their duties or delegate them to the other members of the Executive Committee.
(ii) The Vice-President shall perform the duties of the President in the absence or disability due to an accident or illness of the President. He/she shall be responsible for expanding the Society and acquiring the international membership of related international organizations in consultation with the President, and as decided by the Executive Committee. He/she shall be responsible for the technical programs and publications of the Society.
(iii) The General Secretary shall keep a complete written record of the minutes of the meetings. He/she shall take charge of keeping and safeguarding the documents and records, and handle the communications of the Society. He/she shall be responsible for necessary preparation regarding Society meetings. The Secretary shall be spoke-person of the Society. He/she may delegate some of his function to the Joint Secretary.
(iv) The Joint Secretary shall assist the General Secretary and assumes the duties during latter!Gs absence.
(v) The Treasurer shall keep all the financial records and report the financial position of the Society at the annual General Body meeting of the year.
(vi) The Executive Members shall attend the meetings of the Executive Committee, actively participate in the meeting and shall help Officers in case of requirement in their normal functions.
3. Resignation Process
(i) Executive Committee office bearer may submit his/her resignation to the President. The President shall have the authority to accept or send it back to the concerned member for reconsideration. If the member again submits his/her resignation, President shall approve it.
(ii) The President may submit his/her resignation to any Executive Committee Meeting, which will decide the fate of the resignation by a majority decision.
(iii) The Executive Committee may submit en mass resignation in any General Body Meeting of the Society.
4. Vacancy of the Executive Post
In the following circumstances, post held by any of the Executive Committee office bearer shall be deemed vacant.
(i) Cessation of the membership;
(ii) Acceptance of the resignation from the post;
(iii) Absence in three successive Executive Committee Meetings;
(iv) General Body Meeting!Gs decision to relieve from the post.
Article VII . MEETINGS
1. General Body Meeting
(i) General Body (GB) shall be the highest body to determine the broad operating principles and activities of the Society. GB Meeting shall be called by the President. It may also be called by the General Secretary after approving it from the Executive!!Committee. The GB meeting should be called at least once in a year. Quorum for the GB Meeting shall be 25 % of the Society Members excluding the Student Members.
(ii) GB Meeting shall also be called within a month if one forth (25%) of general members views it necessary to do so, and request the President in writing stating its urgency.
(iii) Annual GB Meeting of the Society shall be held at a time!!determined by the Executive Committee and shall be attended by all the!!Members of the Society. The annual financial reports shall also be included in the agenda of the Meeting.
(iv) Motions to be passed at a GB Meeting, in general, shall require majority (one more than one half) of the votes cast. However, if specific requirement!!has been set for particular cases elsewhere in this constitution, this clause shall not govern.
(v) All the Members of the Society shall be notified by the General Secretary in advance for all GB Meetings. Agendas of the meeting shall be annexed in the notice. Such notice shall reach to the members by postal or electronic mail not less than seven days in advance of the meeting date.
2. Executive Committee Meeting
(i) The Executive Committee (EC) shall meet at the request of either the President or the General Secretary.
(ii) The EC meeting shall also be called if three other office bearers of the!!Executive Committee make a petition to the President revealing the causes for such a decision.
(iii) In general, EC meetings shall be held at every two months and its decisions are made public also revealing the name of the absentees.
(iv) Besides face-to-face meeting, participating through the Internet or any other electronic media may also be deemed valid for any meeting of the Society.
Article VIII. AUDIT
- An independent audit of the Society’s financial affairs and status shall be conducted every year by an independent committee nominated by the Executive Committee.
- The Audit Committee shall consist of at least three (3) General Members, not to include any of the Executive Committee members. This committee shall review the financial records of the Society and report their findings at the annual General Body Meeting of the Society.
Article IX. AMENDMENT OF THE CONSTITUTION
- A proposal to amend or repeal any Article of this Constitution, without prejudicing the spirit of the Preamble of this constitution, may be moved at any General Body Meeting of the Society. The Executive Committee shall, in time,!!prepare a draft proposal and submit the draft proposal by mail (may also include e-mail) to all society Members prior to the GB Meeting. The proposal!!shall then be brought up for discussion at the General Body Meeting of the!!Society.!!The Amendment shall become effective if favored and endorsed by two-thirds!!of the ballots. The GB meeting shall retain all rights to modify or suggest entirely new proposals if it is deemed necessary.
- By-laws not in conflict with the Constitution may be proposed in any General Body Meeting of the Society. Such By-laws may be adopted if approved by majority of the Members present at the General Body Meeting.
- By-laws inconsistent with this Constitution shall, to the extent of inconsistency, ipso facto cease to operate six months after the commencement of the 1st amendment.
Article X. DISSOLUTION
- The Executive Committee may be dissolved if the no-confidence motion is passed by at least two-third majority votes cast at any General Body Meeting. Such a motion shall, however, require approval of at least 15 % of the total members, in writing, before it is tabled for discussion in the General Body Meeting. The no-confidence motion should clearly account the charges against the office bearers. In the detail discussions on ‘why such a dissolution is indispensable’ the General Body shall, inevitably, provide an opportunity to clarify the issues leading to the dissolution.
- The Executive Committee shall also be dissolved if en mass resignation is accepted by the General Body Meeting of the Society.
- Following the dissolution of the Executive Committee, the General Body Meeting shall form an Election Committee comprised of three bona fide members of the Society. Its function shall be as specified in Article XI of this Constitution.
- Following the dissolution of the Executive Committee, the General Body Meeting shall form an ad hoc committee consisted of a Chairman and other Members as deemed necessary to conduct day-to-day affair of the Society. The tenure of the committee shall automatically expire once the elected office bearers resume their duty.
Article XI. ELECTION
- There shall be an Election Committee appointed by the General Body Meeting of the Society. The Committee shall consist of a Chairman and such number of other members as may be required. The tenure of the Election Committee shall automatically expire once the elected office bearers resume their duty.
- The Election Committee shall have rights to adopt procedural guidelines within the framework of the Constitution of the Society.
- Nominations for newly elected Officers and Executive Members shall be received by the General Secretary from the Election Committee in writing.
- The elections shall be held by written ballot that may be sent by post, fax, and e-mail or in person to the Election Committee. The election may also be conducted by electronic media such as e-mail and web- based polling. The e-mail voters should use authentic email address, which are readily verifiable. Voting by post shall consist of all ballots returned to the Society within thirty (30) days.
- Elections for the Executive Committee shall be held two months prior to the expiration of the tenure.
- Within seven days of announcement of the election results, a combined meeting of the newly elected and out going office bearers shall be held to decide the ways of transferring the power smoothly.
- The first election to be held based on the 1st amended Constitution shall be taken place on the first Annual General Body Meeting of the Society called after promulgating the 1st amendment.
- The Executive Committee existing at the commencement of the 1st amendment shall be deemed to have been constituted under this Constitution. The tenure of this Executive Committee shall expire once the Executive Committee elected pursuant to clause 7 above assumes the power.
Article XII. LOCAL CHAPTERS
(i) Formation of a Chapter shall be considered upon a request, received by the Society Secretary:
(a) A petition designating the name of the proposed Chapter signed by not less than ten (10) Members in good standing, who reside within the proposed Section’s boundaries;
(b) A program of proposed activities and annual budget of the Chapter.
(ii) Members of local Chapters must be the members of the Society. Depending upon the region of the world and income status in the location of Local Chapter, member fees shall be as per Society!Gs norms.
2. Local Chapter Committee
(i) The Local Chapter Committee shall include at least a Chapter Chairperson, a Chapter Secretary, and a Chapter Treasurer.
(ii) Each Chapter shall determine the nomination and election process for its committee members. The terms of office for Chapter committee members may be for two (2) years, but the beginning and ending dates of Chapter committee members!G terms must coincide with those of the Society Officers’ terms.
(iii) The Society Executive Committee may remove any of Chapter committee members from office for inaction or malfeasance concerning Society responsibilities under the recommendation of more than 50% committee members. The Executive Committee may either appoint a member to serve in, or direct a Chapter election for, the office in question. The Executive Committee may temporarily relieve or reassign Chapter committee members!G duties for failure to adequately perform responsibilities defined in the Constitution and By-laws.
3. Functions and Responsibilities
(i) Chapters shall adopt By-laws or standing rules that are in consistent with the Society’s Constitution and By-laws.
(ii) Each Consolidated Chapters shall have a separate account and shall be responsible for the management of funds within that account.
(iii) Chapters shall be financially independent of the Society, which will assume no responsibility or liability regarding management of their assets. Proposed financial liability of Consolidated Chapters beyond their assets or of Chartered Chapters by loan from the Society shall be approved by the Executive Committee prior to the undertaking of such an obligation.
(iv) Each Chapter Chairperson shall submit an annual report to the Secretary of the Society and shall present the report in the General Body Meeting by its representative.
(v) All Chapters shall respond to the requests of the Society Treasurer for the determination of the Chapter’s assets and liabilities.
(vi) Chapters shall not have the authority to admit any additional members nor to establish additional classifications of, or requirements for, membership. The rights and obligations of each class of membership in the Chapters shall be identical with those of the corresponding class of membership in the Society.
(vii) Chapters may assess additional fees for their activities within their respective boundaries but all Chapters are liable to pay the entry and international society membership fees to the Society.
(viii) Chapters shall not make statements of pronouncements for the Society, unless so authorized in written by the Executive Committee.
All newly formed Chapters shall be subjected to a minimum probationary period of one year. At the first meeting of General Body Meeting of the Society following the first anniversary of the formation of a Chapter, the General Body Meeting shall act on the progress of that Chapter. A progress report shall be prepared by the Chairperson of that Chapter, and submitted to the Society Secretary thirty (30) days prior to the General Body Meeting. This progress report shall constitute the first Annual Report for the new Chapter.