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Dispatch No.

of Notary Public:1509

The Constitution of Non-Governmental


Organisation Federation of Nepalese Indigenous
Nationalities Nepal, 2004
Preamble:
Whereas it is expedient to co-ordinate among the Non-governmental
organizations acting for the overall and justifiable development of the nation
and the unified development of the indigenous nationalities/indigenous
Peoples (Adibasi Janajati) along with the leadership of the indigenous
nationalities and so as to enhance the wider national development through
the unity, cordial feeling, reciprocal relationship, co-operation, leadership
development and formulation of the policy over the common issues and
enhancement of the brotherhood in order to support the development of the
nation and so as to make attempt in an organized basis for the accomlishment
of the said objectives,

Whereas it is expedient to establish and operate the organization entitled


“Non-Governmental Organization Federation of Nepalese Indigenous
Nationalities Nepal”,

Now, therefore, this constitution has been formulated and implemented.

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Chapter-1
Preliminary
1. Short Name, Commencement and Use:
A. The Constitution of Non-Governmental Organization Federation of
Nepalese Indigenous Nationalities Nepal, 2004.
B. The name of the organization to be established under this constitution
shall be Non-Governmental Organization Federation of Nepalese
Indigenous Nationalities Nepal. In short it shall be called NGO-FONIN. In
short, it shall be: “NGO-FONIN”
C. This constitution shall be effective from the date of Registration of the
Federation and approval from the local official.
D. This constitution shall be enforced to all the members and office bearers
of the Federation on full scale.

2. Definitions:
Unless the subject or context otherwise requires, in this constitution:
A. ‘Constitution’ refers to the Constitution of Non-Governmental
Organization Federation of Nepalese Indigenous Nationalities
Nepal, 2004.
B. ‘Non-Governmental Organization' refers to the organizations
deserving the conditions as prescribed in Section 5 of the
constitution.
C. ‘Federation’ refers to Non-Governmental Organization
Federation of Nepalese Indigenous Nationalities Nepal, 2004
established
under this constitution.

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D. ‘Indigenous Peoples (Adibasi)’ refers to the heirs of the people living
in the parts of this country prior to the unification of Nepal or prior to
the arrival on this land of people of different community and culture
from outside as well as the peoples recognized by the state as the
indigenous peoples the ethnic and tribe or community thereof on
the basis of the having traditional language, religion, culture,
civilization and ancestral land or such ethnic/tribes as having
separate identity and liable to be given recognition of Indigenous
Nationalities.
E. ‘Janajati’ refers to the communities or who do not belong to the
Hindu racial structure, cast, class including Islam and Christean,
having their own language, religion, culture and socio-economic
system and being regulated social life cycle in full or part in their
own traditions, traditional practices, customs and customary laws
but having been oppressed and excluded by alien culture and
values. based social structure or the extension or the class thereof
or the people of different caste, sub-caste or the religious
community and its members isolated from the values and percepts
of the inspite the fact of deserving the traditional language,
religion,and cultural characteristics as well as the highly
distinguished social and economic system and having the
indigenous customs or traditions in full or partial basis or having the
social status of having been regulated from conventional laws and
rules but not belonged to the Christian,Islam religion and culture.
F. ‘Member Organization’ refers to the Member Organization obtining
the membership of the Federation.

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G. ‘Central Committee’ refers to the Central Executive Committee of
the Federation.
H. ‘Office-bearer’ refers to the office-bearers and members of the
Central Committee and Subordinate Commitees.
I. ‘Subordinate Committee’ refers to the different departments,
committees and sub-committees as well as the branches remaining
under the control of the central committee.
J. ‘Rule or Bye-rule’ refers to the rules and bye-rules formulated under
this constitution for the internal work operation.
K. ‘Local Official’ refers to the Chief District Officer.
L. ‘Prescribed or as prescribed' refers to prescribed or as prescribed in
the constitution, rules or bye-rules formulated under this constitution
and prescribed or as prescribed by the central committee.

Chapter-2
Formation and Objectives of the Federation
1. There shall be formation of the Federation entitled ‘Non-Governmental
Organization Federation of Nepalese Indigenous Nationalities, Nepal’
2. The federation shall be a body corporate, autonomous, independent,
perpetual, profitless and collective forum/organization.
3. The Federation may obtain, possess, utilize and sell the movable and
immovable property as an idividual.
4. The Federation may sue and be sued upon its own name.
5. The Federation shall have its own seal and emble as per Annex1.
6. The Central office of the Federation shall be located in the Kathmandu
Valley and the branches may be opened in other places as per necessity
with the consent of the local official.

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7. The working area of the organization shall be within the state of Nepal as
per the approval of the local official.
8. The provision of this constitution shall be held as per the Organization
Registration Act, 1977 and other prevalent Nepal Laws. The organization
shall discharge the work remaining within the boundary of the policy and
directives of the government.The work shall be performed only with the
prior permission of the government wherever it appears necessary.
9. Affiliation: The affiliation may be made with other bodies recognized by
the government.

4. Objectives of the Federation:


1. To advance the works of the Nepalese NGOs working for the wider and
justifiable development and upliftment of the indigineous nationalities and
the healthy/unified development or the the works of such NGOs
committed thereof with the unity and co-ordination.
2. To generate the feeling of unity among the different NGOs of indigenous
nationalities and co-operate for their institutional development.
3. To stress the institutional capacity building of the member organizations
activated in the upliftment of the indigenous nationalities and the
concerned local communities.
4. To monitor the activities of the national and international governmental
and non-governmental association and organization working in the
development sector of the indigenous nationalities.
5. To simplify the process of regular information exchage for the promotion
of the joint works among the afiliated members.

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6. To introduce the internal unity and develop the leadership among the
NGOs working for the support of educational, economics, social, cultural
and political development of the indigenous nationality.
7. To initiate campaign of the rights granted by the Bio-diversity and
Environment, Civil and Political Rights ,Economic, Social and Cultural
Covenants, Universal Declaration of Human Rights, ILO Convention 169
and continue to empower Nepali NGOs.
8. To introduce the reciprocal unity, affection and brotherhood among the
whole prevalent indigenous nationalities of the nation and establish the
common institutional and empowered structure for the creation of the
concrete and active co-operation over the national development and
concretization of the nationalities.
9. To generate the financial and technical aid with the effort of the
Federation for the operation of the essential programs and projects in
order to develop the areas of the languages, art, literature, writing,
religion, culture, knowledge, skill and education which have been at the
verge of extinction.
10. To create fair culture and treatment among the NGOs and continuously
develop the concept of the caste, racial, religious identity and gender
equality and support the concept of the overall national development.
11. To publish and distribute the different reports, poster, brochure,
newspapers etc. along with the coduction of programs for the increment
of awareness.
12. To perform or cause to perform all the other functions in line with the
Preamble and the afore-stated objectives.
13. The objectives stated in Section 4 shall be implemented only after
obtaining approval of the concened governmental body.

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Chpater-3
Provision relating to Membership:
5. Qualification for the Membership:
The following NGOs shall be entitled to obtian the membership of the
Federation on the condition to fully abide by the provision of the Constitution,
policy and rules.
1. The social organizations with the majority of the indigeneous nationalities in
the managerial and decision process of the orgnaization and having been
established under the law and led by the volunteer indigenous natioanlities.
2. The volunteer social along with the profit free and politics free objectives.
3. The organization with the open membership system.
4. The organization with the method of direct election system for the selection
of the leadership.
5. To work and support the rights and interest of the indigenous nationalities.
6. To have agreed over this constitution and to be interested for the joint
works in order to obtain the common objectives.
7. Not to affect adversely on the indigenous culture of the indigenous
nationalities.
8. To have transparent economics system.
9. To have cordial feeling over the marginalised castes, poor people, children
and elderly class as well as committed for the awareness,development and
empowerment of the community or the group of the indigenous
nationalities.

6. Kinds of Membership:
The Federation shall have following three varieties of membership.
Genferal Member: The main Nepali NGOs qualified under section 5.2.

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Honoray Member – Nepali individuals and organizations making the best
contribution for the development of the indigenous nationalities.
Affiliate Member: The Federation and the Nepali co-operating associations to
the NGOs affiliated with the Federation.

7. Fee of Membership:
1) The membership fee shall be as follows.
Entry Fee Annual Renewal Fee
A. General Membership Rs. 500/- Rs. 500/-
B. Honorary Membership
C. Affiliate Mmeber Rs. 8000/- Rs. 8000/-

2) The membership shall be held valid till the end of Ashadh and all the
members shall renew the membership by the end of Shrawan.
3) In case the member is no able to renew the membership as per sub-section
in time the membership may be renewed by the end of Bhadra with the
payment of late fee Rs. 50/-.Upon the lapse of the time as such
themembership shall be held ip so facto void.

8. Method to confer the Membership:


Any organization desirous to have membership of the organization shall file
application as per section - 5. The application filed as such in the branch shall
be submitted before the central office with the recommendation. The
membership may be conferred after the ratification by the central committee.
The membership directly obtained from the central office shall be notified to
the district offices.

9. Power, Function and Duties of the Members:

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1. Not to do any function harming the Federation.
2. To fully comply with the policy-rules and code of conduct prescribed by
the Federation as per the cosntitution.
3. To honestly perform the responsibility conferred by the Federation.
4. To pay the fee payable to the Federation in time.
5. To attempt for the success of the programs organized by the Federation
by participating over it.
6. To participate in the general meeting and convention of the Federation.
7. To participate in the election for the selction of the leadership except by
the affiliate member and honorary member.
8. To select a representative and an observer from the related organization
(from among the indigenous nationalities) for the participation in the
general convention and general meeting.
9. Bring no confidence motion or other resolutions as per necessity.
10. To make all the efforts for the promotion and concretization of the
Federation.

10. Disqualification of Membership:


The following NGOs shall be held disqualified for the membership of this
Federation.
1. In case the involvement over the activities contrary to the rights and
interests of the indigenous nationalities has been proved.
2. In case the lack of qualification under section 5 is proved
3. The member organization is dissolved.
4. The dissolved economic and moral irregularity of the member
organization has been legally proved.

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5. The conclusion is drawn by the Federation that its policy, rules and code
of conduct have been breached.
6. The following organizations are disqualified for the membership of the
Federation:
A. The organizations indulged in the activities contrary to the rights and
interest of the indigenous nationalities.
B. Profit – oriented and the organizations guided by the particular
political organisations.
C. The organizations having the objective to make champaign of the
religion specifically, trade unions or professional organizations
desiring to develop the professional interest only.
D. The organizations of the sports and entertainment.

7. There shall be support of 75% majority of the general meeting to remove


from the membership.

Chapter- 4
Organizational Arrangement
11. General Meeting:
1. The general meeting shall be the supreme body of the Federation.
2. The general meeting shall be organized every fiscal year on the date and
place as prescribed by the central committee.
3. The following persons may represent in the annual general meeting.
A. The office bearers and members of the central executive committee.
B. A representative elected from the each branch.
C. One representative and one observer elected form each member
organizations (One woman out of two).

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D. The representatives of the honorary and affiliate members. Provided
that, the members as such shall not participate in the election
process.
4. The general – secretary of the Federation shall serve the notice to all the
members prior to 30 days of holding the annual general meeting with the
stipulation of the annual income and expenditure report and other
contents for discussion and the program of general meeting or the notice
as such shall be brought into the notice of public with the publication in
the daily newspaper of the national level.
5. In case the members are desirous to bring resolution over any topic it
shall be registered prior to 30 days the date of of holding general meeting
in the central office of the federation.
6. The quorum of the general meeting shall be the attendance by 60%
members of general meeting entitled to vote. The general meeting may be
conducted by recognizing the attending members as the quorum in case
there has been no fulfillment of quorum within the pre-determined time.

12. Duties, Responsibilities and Authority of General Meeting:


1. To discuss and approve the annual progress, financial and audit reports
presented by the central committee.
2. To discuss and approve the annual plan and budget arrangement
presented by the central committee.
3. To approve the resolutions presented by the central committee.
4. To appoint auditor and fix remuneration.
5. To issue essential directives to the central committee.
6. To perform other functions as prescribed in the constitutions
13. General Convention:

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1. The convention of the Federation shall be held for a time in three years.
The general conventions shall, in addition to the acts mentioned under
sections 11 and 12, perform the works of election of the new central
executive committee, the amendment of the constitution as essential, and
approval of the no confidence motion.
2. There shall be inclusion of the central executive committee office bearers
and members, a representative elected by each branch, a representative
elected by each member organization of the federation and an observer
there of (one woman out of two) as well as the honorary and affiliate
members in the general convention. Provided that, the honorary and
affiliate members cannot participate in the election process.
3. In case there has been submision of written demand with the signature of
33% members out of the total members of the federation showing the
special circumstance before the Central Executive Committee or the
Central Executive Committee or Central Committee unanimously adopts
the resolutions to call the special general meeting it shall be called within
60 days. The information there of shall be served to all the representatives
of the general convention and the member organizations in writing.
4. To participate in the voting process there shall be members of the
federation having affiliated prior to three months.

14. Method to form the Central Executive Committee:


1. There shall be the Central Executive Committee with 17 members with the
inclusion of at least one third woman members.
2. The central committee shall comprise of the following office bearers and
members.
Chairman...................................................................1

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Vice Chairman...........................................................1
General Secretary .....................................................1
Secretary....................................................................1
Treasurer....................................................................1
Members elected from the regional basis ..................5
Other members...........................................................7
Total ............................................................................17 Members

3. The central committee may select essential number of promoter member,


former office bearers as the advisor. The advisors as such shall have no
voting power.
4. The tenure of central committee office bearer and members shall be of 3
years. The office bearers and members may work for two consecutive
period by election.
5. The central committee shall be accountable with the general meeting and
general convention.

15. Meeting of the Executive Commmittee:


1. There shall be at least four meetings of the central committee on annual
basis.
2. The quorum of the meeting shall be 51%.
3. The majority decision shall be held valid in the meeting. In case there
occurs tie the chairman shall cast decisive vote.
4. The meeting shall be conducted with the chairmanship of the chairman
and vice- chairman and the member selected by the attending members
in the absence of the vice chairman.

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5. The chairman may call or cause to call via the general secretary the
meeting of the central committee as per necessity. In case there has been
demand by at least 33% members with the stipulation of the topic for
disculssion the general secretary shall call the meeting within 15 days.
6. The office bearer or member making absence for consecutive three time
without notice may be removed from the post by the executive committee.

16. Duties, Responsibilities and Authority of the Central Committee:


The central committee shall have the following power, function and
duties.
A. To perform or cause to perform the etire functions remaining wihin the
boundary of the constitution so as to fulfill the objectives of the
federation.
B. To execute or cause to execute the plan and programs approved by
the general meeting and general convention.
C. To implement and causes to implement the subjects or the complaints
filed against the member organization or branches of the federation on
the charge of action contrary to the constitution,code of conduct and
policy as well as the rules along with the provision of opportunity to the
concerned party for defense.
D. To make interpretation of the constittion of the Federation.
E. To perform or cause to perform the entire essential functions.

17. Duties, Responsibilities and Authority of the Office-bearers of the


Central Committee:
1. Chairman:

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To provide leadership for the accomplishment of the objectives of the
Federation.To chair the meeting of the executive committee, general meeting
and general convention and perform the work as well as direct under the
designation of the chief of the Federation.
2. Vice-chairman:
To act as the assistant of the chairman for the accomplishment of the ojective
of the Federation. To perform the entire functions on behalf of the chairman in
his absence.
3. General -secretary:
To conduct the office of the Federation tactfully and successffully, to
implement or cause to implement the policy and directives as well as the
decision and maintiain all the records of the Federation updated and safe.
4. Secretary:
To co-operate the function of the General-secretary and perform all the
functions of the general secretary in his absence.
5. Treasurer:
The Treasurer has to maintain all the records of the financial transactions of
the Federation on the updated basis.To maintain the annual income and
expenditure record inspect and control or cause to do so as well as make the
financial administration regulated.
6. Members:
To perform the works and status for the discharge of all the responsibilities
given by the central committee tactfully for the accomplishment of the
objectives of the Federation.

18. Formation of the Branches:


District level Office:

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A. The district level office may be opened with the decision of the central
committee and consultation of the local official in case there has been at
least nine or more members of the Federation in any district.
B. There shall be the district general convention of all the district level
branches.All the members of the concerned district shall have been ip so
facto member of such district general convention.The district general
convention shall elect the district committee and office-bearers as well as
the members. As per necessity there shall be a chairman. A vice-
chairman,a secretary,a treasurer, and other members totaling to five to
thirteen members along with the working tenure of three years.
C. There shall be at least a district general meeting in a year.
D. The district committee shall be held accountable with the central
committee.
E. The other functions shall be as prescribed by the central commitee to the
district committee.

Chapter-5
Financial Arrangements

19. The Financial Arrangements of the Federation shall be as follows:


1. Financial Resources:
A. Membership fee, entry and renewal fee,
B. The amount received by the federation through the different creative
functions.
C. The amount to be received from the Government or other bodies under
the government, the national and foreign donors in the form of grant or
other assistance.

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D. The amount to be received from the sale and distribution of the
awareness generating developmen oriented newspapers, books etc. by
the Federation.
E. Other prize, assistance and donation.

Provided that, the prior permission of the Ministry of Finance of Nepal


Government shall be obtained while pursuing amount or infrastructural
assistance from the foreign donor, association and organization.

2 Fund:
A. A fund may be created by opening Acount in any bank in the name of the
Federation and it shall be operated accordingly.
B. The Fund and bank account under sub-section 2 (A) shall be undertaken
with the signature of the Chairman or general secretary and treasurer.

3. Accounts and Records:


A. The accounts and records of the entire income and expenditure of the
Federation shall be maintained a in line with the prevalent accounting
standards.
B. The Treasurer shall have final responsibility over the accounts and records.
Provided that, the annual statement of the income and expenditure shall be
presented to and approved by the general meeting.

4. Audit: The audit of the Federation shall be performed at the end of every
fiscal year by the auditor recogniged by the government. There shall be
submission of the audit report in the District Administration Office and Social
Welfare Council.

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5. Particulars of Movable and Immovable Property:
There has been no movable and immovable property of the Federation at
present. Upon having the movable and immovable property as per the
cosntitution the updated record thereof shall be submitted before the District
Administration Office and Social Welfare Council.

Chapter-6
Provision relating to Election
20. The Provision relating to Election of the Federation shall be as
follows:
1. Formation of the Election Committee:
A. There shall be formation of the election committee by the central committee
prior to a month of the general convention with an election office and two
assistants to work.
B. The election committee shall publish out the election programs including
the procedures, rules and time table of the election prior to five days in the
venue of the general convention.
C. The members of the election committee shall not be qualified to be the
candidates in the election.
D. The other process of the election including the filing of the candidacy,
complain over the candidacy, publication of the voter’s list, resolution of the
election related disputes and the the other arrangements shall be as
prescribed or determined by the election committee as per this constitution.
E. The election committee shall have tenure to work till the election.

2. Duties, Responsibilities and Authority of the Election Committee:


A. To conduct the election of the office-bearer and members.

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B. To prescribe for the election related procedures, policy, rules and time table.

3. Process of Election:
A. The election shall be held as per the democratic process on the basis of
one member one vote.
B. There shall be application of lottery system for election in case of
occurrence of tie.

4. Qualification to be Candidate:
A. The organization of the representative willing to be candidate shall have
been member of the organization prior to at least consecutive two years of
the Federation.
B. The candidate shall have been a Nepali citizen having completed 18 years
as of the day of the election.There shall be a proposer and a supporter of
the member organization representative.
C. The person/representative placed as the proposer and supporter of a
candidate shall not be held eligible to be the proposer and supporter of the
other candidates.
D. The membership shall be renewed.
E. The person acting in the civil, education, police or army service or political
appointment shall not be held qualified for the candidacy. In case of having
the appointment over the said designations at the time of having the post,
the handled psot shall be held ip so facto vacant.
F. The provision of Section 20.4 .A shall not be held effective for the first
election.

21. No-confidence Motion:

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1. The No confidence motion may be broght against the office-bearer or
member or the executive committee.
2. It shall be registered in writing at the central office of the Federation with
the signature of at lest 33 % members with the stipulation of the causes
thereof.
3. Upon the receipt of the no confidence motion the central committee shall
present the motion as such by convening the special general meeting as
per section 13 (3).
4. There shall be opportunity to the cocerned office-bearer in the special
general meeting for the presentation of the explanation and defence.
5. The no confidence motion may be adopted by two third members of the
total members of the general meeting.

22. Amendment of the constitution:


1. Upon necessity of amendment the resolution may be presented after the
adoption by the executive committee. The resolution relating to the
amendment shall be submitted before the end of the month Ashoj of the
year of holding the general convention throug the central committee.
2. The central committee shall send the amendment resolution received or
presented by itself along with its opinion to all the district committes prior
to 30 (thirty days) of organization of the general convention.
3. The two third members of the general convention may adopt the no
confidence motion.
4. The amended constitution by the general convention shall be enforced
with the prior consent of the Local Official.

23. Power to frame Rules:

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By remaining within the boundary of the constitution the general meeting may
formulate the differnt committees, reshuffle and liquidate thereof as well as
formulate, enforce amend or repeal the employees and other essential rules
and bye-rules.

24. Dissolution of the Federation:


1. The Federation may be dissolved in case the two third majority of the
general meeting adopts the resolution therof.
2. The whole assets of the Federation shall be devolved with the
government in case the federation has been dissolved due to inability to
work or other reasons.

25. Ad hoc Committee:


1. Upon the approval of this constitution there shall be an ad hoc committee
which shall exercise the power, function and duties of the central
committee until there has been the election for the new executive
committee.
2. There shall be election of the executive committee within one year from
the date of enforcement of the constitution.
3. There shall be following representatives in the ad hoc committee.
S. No. Designation Full Name & Address Name, Address & Signature
Designation of
Organization
1. Chairman Yam Bahadur Kulung, Jan Aabashyak Samaj, s/d
Kathmandu Chairman (Society for People
in Needs)
2. Vice Chairman Bachhu Rai, Khotang Kirant Cha. Bha, Sas. Ut. s/d
Sangh, (Kirat Chamling
Language Culture
Development Association),
Chairman

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3. General Secretary Shiva Ram Rai, Rastriya Bikash (Cooperative s/d
Mahotari Society for National
Development Nepal),
Chairman
4. Secretary Ujir Bd. Rana Magar, Sudhar Nepal (Reformation
Siraha Napal),
Vice-chairman
5. Treasurer Aina Subba, Jhapa Chulachuli Unesco Club,
Treasurer
6. Member Shankar Subba Limbu Bhasha (Limbu Language and
Culture Development Centre)
7. Member Laxmi Rai, Bhojpur Shristi s/d
8. Member Maniram Bahing Bahing Kirat Mulukhim s/d
9. Member Bhawani Pd. Lohorang Lohorung Yakhaba Samaj
10. Member Tej Bd. Nachiring Kirat Radu Naghiring Sakham
11. Member Parshuram Khaling Khaling Bhasha Utthan
Shangh

26. Saving:
1. Upon The office-berers and members of the executive committee as well as
the employees of the Federation shall not be held personally responsible for
the loss or damge caused by their work based on good faith.

27. Hand over:


The old executive committee shall compulsorily hand over the accounts and
records of the income and expenditure, minute book, records, documents and
the different particulars on compulsory basis to the newly elected committee
after election.

28. To be held void:


In case the matter contained in this constitution appears to be inconsistent
with the prevalent law the matter as such shall be held ip so facto void. In
case the name,seal or emblem of this orgnanization has been inconsistent

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with the previously registered organization, the matter as such shall be
changed following the rules.

29. To comply with the Directives:


This Federation shall abide by the directives of the local official.

30. There shall be no work of consultancy or others taking fee by the


organization except for its objectives.

LOGO:-
Inside the circle shape there shall be sketch of Mountain and Plain land upon which there
shall be botanical flower based on bio-diversity caught by the indigenous nationalities men
and women needed to chant Seuli Mundhum (Religious text) and also for the religious
treatment to express gratitude to the ancestors to each, in the bottom of which there has
been stipulation of the title of the Federation Non-Governmental Organization Federation of
Indigenous Nationalities Nepal, 2061 B.S. (2004).

Schedule-10
(Related to Sub Rule (5) of Rule 18)
Form of Translation Copy of Document
"The Translation copy is true and verified"

Signature :
Name : Bijaya Prasad Mishra
Date : 22nd June 2009
Certificate Number of the Notary Public : 26, Date of Expiry of Certificate : 4th November 2012
Seal of the Notary Public:

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