MEMORANDUM OF ASSOCIATION AND RULES AND REGULATIONS OF NATIONAL OPEN SCHOOL SOCIETY (AMENDED UPTO 22-4-92)
MEMORANDUM OF ASSOCIATION
1. The Name of the Society The Name of the Society shall be the "National Open School Society" (hereinafter referred to as the Society).
2. The Registered Office of the Society The office of the Society is presently located at* 39, Commu- nity Centre, WIA, Delhi- 110 052. It shall be located in any other part of the Union Territory of Delhi, as the Society may decide. However, in view of the difficulties in getting a suitable place, efforts would be made in locating the Society at any of the satellite towns like Ghaziabad, Gurgaon, etc. as the Society may decide.
3. Aims and Objects Aims and objects for which the Society is established are the following:
(i) To provide sound professional advice to the Government of India and to the States, regarding the proper development of Distance and Open Learning System, at the School level, in the country, in response to requests from the Governments concerned;
(ii) To develop and prescribe or offer a wide spectrum of courses of study, for purposes of general and continuing education, either leading to certification at the school stage (Middle, Secondary or Senior Secondary) or for life and job enrichment and without certification);
(iii) To develop and prescribe or offer Vocational Courses to the students of the Open Channel;
(iv) To develop study materials, using print, audio and video aids;
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(v) To collaborate with agencies and institutions who would be willing to provide learning assistance to the students and to accredit such Learning Support Centres or Study Centres;
(vi) To establish Regional Centres, for purposes of supervis- ing the proper functioning of the Learning Support or Study Centres;
(vii) To publish or cause to be published and to print the learning and other materials developed by the National Open School;
(viii) To prescribe rules and conditions for the registration of students, for eligibility for appearing at the examinations, for its conduct, and for all other rules consonant with and necessary for the proper fulfilment of the teaching, examining and certifying authority vested in the Society;
(ix) To prescribe and demand payment of such fees and other charges as may be authorised by the Rules, and as amended from time to time;
(x) To undertake studies, research and surveys from time to time, to obtain feed-back on the quality of the materials developed, of the facilitation and support offered to students in their study, and on the effectiveness of all the support structures and procedures used by the institution in pursuance of its aims and objects;
(xi) To organise training programmes of various kinds and for various categories of personnel, both for the internal Staff and for others;
(xii) To provide consultancy services and to engage in model building, in close collaboration with states and a variety of other agencies or institutions;
(xiii) To serve as an agency for effective dissemination of information related to Distance Education and Open
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Learning; hence to publish newsletters, bulletins, or journals and use such other means as seen necessary to further this purpose;
(xiv) To identify and promote standards of learning in Dis- tance Education Systems and Open Schools which may be set up in different parts of the country, through Re- search and Evaluation and to maintain standards of equivalence with the formal system, while retaining its own distinct character;
(xv) To exercise Normative and Co-ordinating functions while promoting standards in Distance and Open Learning Systems in the country and thus make its own contribu- tion to the evolution of a Learning Society;
(xvi) To take over the administration and management of the Open School of the Central Board of Secondary Education, New Delhi, with all its assets and liabilities and to amalgamate it with the society;
(xvii) To purchase or otherwise acquire or take on lease or hire, premises for the various works of the Society;
(xviii) To invest and deal with funds and monies of the society;
(xix) To set up a Research and Learning Resource Library, containing books and learning materials in other media;
(xx) To obtain or accept grants, subscriptions, fees, dona- tions, gifts, bequests, and properties, both movable and immovable, from Governments or from any persons, for the purposes of the society;
(xxi) To build, construct and maintain buildings and alter, extend, improve or repair or modify any existing build- ing and suitably equip such buildings for the use of the Society;
(xxii) To appoint committees or sub-committees as seen fit to
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carry out the objects of the Society and to prescribe rules and guidelines for the proper functioning of such committees;
(xxiii) To frame Service Rules and Bye-laws for the personnel administration of the Staff of the Society and rules and bye-laws for the proper management of the several func- tions and responsibilities vested in the Society, including welfare meausres for the staff and to amend these from time to time;
(xxiv) To delegate any or all its powers to any of the Officers or to any of the Committees or Sub-committees consti- tuted by it, for more effective management and function- ing of the Society;
(xxv) To do all such lawful acts and things, whether incidental to the powers aforesaid or not, as may be required in order to further the Aims and Objects of the Society;
(xxvi) It is thus envisaged that the attainment of these aims and objects will, in turn, enable the Society to fulfill the Mission of the Society, which is to provide relevant, continuing and developmental education, at the school stage, (upto the pre-degree level) through the Open Learning System, to prioritised client groups, as an alternative to the formal system, in pursuance of the normative national policy documents, and in response to the need assessments of the people, and through it to make its share of contribution;
- To universalisation of education; - To greater equity and justice in Society; and - To the evolution of a Learning Society.
4. the income and property of the Society, howsoever derived, shall be applied towards the promotion of the objects thereof and as set forth in The Memorandum of Association of the Society, subject to the limitations and conditions imposed by
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the Government of India, from time to time, concerning the expenditure in the disposal of properties. No portion of the income or property of the Society shall be paid or transferred, directly or indirectly, by way of dividends, bonus or otherwise, howsoever, by way of profit, to the persons who, at any time, are or have been members of the Society or to any person claiming through them or any of them, provided that nothing herein contained shall prevent the payment in good faith of remuneration to any member thereof or other persons in return for any service rendered to the Society.
5. Government of India, from time to time, shalt appoint one or more persons to review the work and progress of the Society, and hold enquiry into the affairs thereof.
6. The Government of India on the basis of the above, will issue such directions to the Society as it may consider necessary for the furtherance of the objectives of Society and for enduring its proper and effective functioning and the Society will be bound to comply with such directions.
7. The names, addresses, designations, and occupations of the members of the Executive Board of the Society, to whom the management of its affairs is entrusted, by the Rules and Regulations of the Society, as required under section 2 of the Societies Registration Act of 1860 (Punjab Amendment Act 1957) as extended to the Union Territory of Delhi are as follows:
Name Designation and Address Status
1. Fr. T.V. Kunnunkal Consultant, Ministry of Chairman
HRD New Delhi
2. Shri L.S. Narayanan Jt. Secy. & Financial Member
Adviser,
Ministry of HRD
Deptt. of Edu.,
New Delhi
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Name Designation and Address Status
3. Shri L.D. Mishra Jt. Secy.(AE) & Member
Director General,
National Literacy Mission,
Deptt. of Educ., MHRD,
N. Delhi
4. Shri H.S. Singha Chairman, CBSE, Member
Shiksha Kendra,
Preet Vihar, Delhi
5. Shri J.S. Rajput Educationist, Member
151, Aradhana Nagar,
Katra Sultanabad,
Bhopal (M.P.)
6. Shri A. Banerji Educationist, Bela Bitan Member
Rishi Bankim Chatterjee Road
P.O. Banasat, Distt. 24 Parganas
(W.B.)
7. Dr. K.D. Sharma Educationist, Member
Vill & P.O. Pragpur,
Distt. Kangra (H.P.)
8. Shri Jitendra Singh Dy. Director; Secretary
Open School (CBSE),
39, Wazirpur Indl. Area,
Delhi
We, the several persons, whose names and addresses are given below, having associated ourselves for purposes described in this Memorandum of Association, do hereby subscribe our names to this Memorandum of Association and set our respective hands there unto and form ourselves into a Society under the Societies Registration Act (XXI of 1860), Punjab Amendment Act, 1957 as extended to the Union Territory of Delhi, this 21st day of November one thousand nine hundred and eighty nine.
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Name Address Attestation
1. H.S. Singha Chairman Sd/-
CBSE
Shiksha Kendra
Preet Vihar
Delhi 110 092
2. A. Banerji Educationist, Sd/-
Bela Bitan
Rishi Bankim Chatterjee Road
Banasat, P.O. Banasat
Distt. 24 Parganas (North)
West Bengal
3. Lakshmidhar Mishra Joint Secretary(AE) Sd/-
and Director General,
National Literach Mission
Deptt. of Education,
Room No, 109,
C. Wing Shastri Bhawan
New Delhi.
4. S.P. Tuli Jt. Sec.(A), Sd/-
Deptt. of Education , MHRD,
New Delhi.
5. L.S. Narayanan Joint Secretary & Sd/-
Financial Adviser
Ministry of HRD
(Dept. of Education)
New Delhi.
6. S.K. Ray 61 Bapuji Nagar, Sd/-
Bhubaneshwar 751000
Orissa
7. J.S. Rajput 151, Aradhana Nagar, Sd/-
Katra Sultanabad,
Bhopal, M.P.
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Name Address Attestation
8. Geeta Ram Vill. & P.O. Panihari Sd/-
District Sirsa, Haryana
9. Sarla Das Mission Compound Sd/-
Nasirabad, Rajasthan 305601.
10. K.D. Sharma Vill. & P.O. Pragpur Sd/-
MAL Kangra H.P.
11. T.V. Kunnunkal Consultant Ministry of Sd/-
Human Resource Development
New Delhi.
12. P.K. Joseph Purakkary, S.K. Sd/-
Mangalam,
Athirampuzha, Kerala
13. G. Balasubramanian Lal Begum Street Sd/-
Triplicane
Madras 600005
14. Jitendra Singh Dy. Director Sd/-
Open School (CBSE) 39,
Wazirpur Indl. Area, Delhi.
15. V.S. Sharma Accounts Officer Sd/-
Open School (CBSE)
Wazirpur Indl. Area,
Delhi - 110 052.
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RULES AND REGULATION OF
NATIONAL OPEN SCHOOL SOCIETY
1. Short Title These Rules and Regulations may be called the Rules and Regulations of the National Open School Society.
2. Interpretations Unless the context otherwise requires:
(i) "Society" means the National Open School Society.
(ii) "National School" means the National Open School.
(iii) "Chairman" means the Chairman of the National Open School Society.
(iv) "Vice-Chairman" means the Vice-Chairman of the National Open School.
(v) "The General Body" means the General Body of the National Open School Society.
(vi) "The Executive Board" means the Executive Board of the National Open School.
(vii) "The Government" shall mean the administrative Ministry or Department of the Government of India concerned with the Society.
(viii) Words denoting singular number shall include also the plural and vice versa, according to the context, similarly, words denoting the masculine gender shall include also the female faminine gender, unless the context precludes it.
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3. Authorities of the Society (a) The General Body
(b) The Executive Board
(c) Standing Committees, including the Finance Committee, and other Committees or sub-committees which the *Executive Board may set up for discharging any one or more of its functions.
4. Members of the General Body The Society shall consist of the following members:-
(a) Chairman of the National Open School who shall be appointed by the Government of India, on such terms and conditions as the Government may decide.
(b) Vice Chairman of the National Open School who will be the Director (Academic) and designated, ex-officio as Vice Chairman.
(c) Secretary of National Open School who will be ex- officio, the Secretary of the Society.
(d) Heads of the Departments of the National Open School, namely:
Director (Academic)
Secretary (Administration)
Controller of Examination
And Head of any other Department(s) which may be set up in the future, either as new Departments or bifurcated from existing ones.
(e) Nominee of Department of Education, Ministry of Human Resource Development.
* Substituted in place of General Body, EB Res. No. 3 dt. 22/4/92.
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(f) Nominee of the Integrated Finance Division of the con- cerned Ministry/Department, Government of India.
(g) One representative of NCERT
(h) One representative of VOID
(i) One representative of CBSE
(j) Three Nominees, one each from the Ministry of Infor- mation and Broadcasting, from Doordarshan and All India Radio.
(k) Nominee of the Department of Women and Child Development.
(l) Nominee of the Ministry of Welfare.
(m) A representative of the Indira Gandhi National Open University.
(n) Director General or nominee of the National Literacy Mission Authority.
(o) Nominee of the Vice Chancellor, Delhi University.
(p) Nominee of Secretary (Education), Delhi Administration.
(q) Director/representative of the Open Schools/Correspond- ence School in the states.
(r) Commissioner, Kendriya Vidyalaya Sangathan or Nominee.
(s) Director, Navodaya Vidyalaya Samiti or nominee.
(t) Nominee of the Vice-Chancellor of SNDT, Bombay.
(u) Two representatives from industries which are linked with the vocational courses provided by the National Open School.
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(v) All the members of the Executive Board, not included above.
(w) Two specialists/eminent educationists, to be nominated by the Central Government.
5.Terms of Membership (a) The term of office of the ex-officio members will be co- terminus with their holding their official position.
(b) The term of office of the rest of the members will be for a period of three years. Fresh appointments (other than those for filling in interim vacancies) will be made in April.
(c) Should any person who is a member of the General Body or of a Committee, by reason of the office or appointment he holds, be prevented from attending any meeting of the society, he shall be at liberty to authorise a representative to take his place at that meeting. Such a representative shall have all the rights and privileges of a member, but for that meeting only.
(d) All outgoing members other than the ex-officio members, shall be eligible for re-appointment.
(e) A member of the Society other than the ex-officio mem- ber, shall cease to be a member, if.
- Such a member resigns or becomes of unsound mind or becomes insolvent or be convicted of an offence involving moral turpitude; or
- He does not attend three consecutive meetings without obtaining leave of absence.
(f) A resignation of membership of the Society shall be tendered to the Chairman and shall take effect only after it has been accepted by him on behalf of the Society.
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Any vacancy in the membership of the Society caused by any of the reasons mentioned above may be filled up by the authority appointing such member and the person so appointed in the vacancy shall hold office only for the duration of the remaining term of the member in, whose place the appointment was made.
(g) Any person who ceases to be a member of the Society, shall ipso facto cease to be a member of any of the committees of the Society.
(h) The Society shall function notwithstanding any vacancy and notwithstanding any defect in the appointment or nomination of any of its members and no act or proceed- ing of the Society shall be invalid merely by reason of the existence of any vacancy therein or of any defect in the appointment or nomination of its members.
6. Powers and Functions of the General Body (a) The General Body shall have, vested with it, the respon- sibility to assist the Society by providing sound and professional advice and counsel; it will generate a vision and give broad policy directions to the Society;
(b) It shall receive and critically examine and comment on the annual Review Report of the Society;
(c) It will receive and approve the annual budget of the Society;
(d) In general, the General Body, will help ensure that the Society will remain publicly accountable and that it exercises its powers and functions in consonance with the Mission and objectives of the Society and within the frame work of the Normative National Documents.
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7. Meetings (a) An annual Meeting of the General Body shall be held, at a date and time, to be decided by the Chairman during which the Vice-Chairman shall submit the annual Review Report as well as the Audited Accounts of the Society and the budget estimates for the following year.
(b) The Chairman shall be the Chairman of the General Body. In his absence, the Vice-Chairman shall be the Chairman for that meeting.
(c) The meeting shall be convened, as directed by the Chair- man, under the signature of the Secretary, who will also be the Member-Secretary of the General Body.
(d) The Chairman may convene a special meeting of the Society if he thinks fit or if such a meeting is requisitioned by eight or more members, in writing.
(e) Eight members or one-third, whichever is less, present in person, shall form a quorum at every meeting of the Society.
(f) All disputed points at meetings shall be determined by vote. Every member of the Society shall have one vote each and in case if a tie, the Chairman shall have the right to an additional or casting vote.
(g) The Chairman has the right to invite a person or persons to participate in the deliberations of the meeting of the Society, provided that such a person(s) shall not have the right to vote.
8. The Powers and Functions of the Executive Board (a) In general, the Executive Board will have, vested with it, all the powers of the Society, to manage its affairs and to enable it to function smoothly and effectively. It shall, however, exercise these powers within the context of the Mission and Aims and Objects of the Society and the advice it receives from the General Body.
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(b) Specifically, the following will be the substantive pow- ers and functions of the Executive Board:
- Forward Planning of Policies and Programmes of Actions;
- Taking appropriate Decisions;
- Ensuring Effective Implementation;
- Exercising the Review Function.
(c) The Executive Board shall have the following members:
- Chairman of the Society, who will also be Chairman of the Executive Board;
- Vice Chairman of the National Open School, the Director (Academic) being designated, ex-officio, as Vice Chairman;
- Secretary of National Open School, who will be the Member Secretary;
- Heads of all the Departments of National Open School;
- Nominee of Department of Education, Ministry of Human Resource Development and nominee of Integrated Finance Division of Ministry of Human Resource Development;
- One Specialist from each of the following areas:
- Distance Education
- Development Education
- Development and Education of Women
- Industry
- Media
- Technology
- Vocational/Technical Education
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9. Meetings The Executive Board shall hold meetings, as required but it shall meet at least twice a year.
The quorum for the meeting will be one third of the total membership.
10. Bye-Laws (a) The Executive Board shall have the power to make and frame bye-laws, in consonance with the Memorandum of Association and Rules and Regulations of the Society and to add, alter, amend or rescind the same from time to time, for the administration and management of the affairs of the Society.
(b) Without prejudice to the generality of the foregoing provisions, such bye-laws may provide for the following matters:
i) For the preparation and sanction of Budget esti- mates, the sanctioning of expenditure, making and execution of contracts, the investment of the funds of the Society and the sale or alteration of such investment, and account and audit;
ii) Define the powers, functions and conduct of busi- ness of the various Committees, as are constituted by it from time to time and the terms of office of their members;
iii) For creating various categories of posts, academic, administrative, technical, supervisory or ministe- rial, and for selecting and appointing persons to such posts;
iv) To frame Service Rules for the proper administra- tion of the Society and of its personnel, including terms of tenure of appointments, emoluments, allowances, rules of discipline and other condi-
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tions of service of the employees of the Society as well as measures and norms for the welfare of the members of the Society;
v) For the establishment and management of funds, grants and allowances;
vi) To select a seal for the Society and provide for its safe custody and for proper use of the seal;
vii) To provide buildings, premises, furniture and ap- paratus and other necessary equipments and facili- ties for carrying out the work of the Society;
viii) For all other matters, as may be necessary for the furtherance of the objectives of the Society and for the proper administration of its affairs;
ix) Until it frames its own bye-laws for the governance of its affairs, it may adopt, for the interim period, the Rules applicable in the Central Board of Secondary Education, New Delhi or another.
(c) Amendments to the Memorandum of Association and Rules and Regulations, made under section 10(a) shall not come into effect, without the prior approval of the Government of India.
d) The bye-laws framed under Section 10(b) will come into effect, as soon as they are approved by the Executive Board.
e) Subject to these Rules and Regulations, the Executive Board or a person whom the Executive Board shall authorise, in this behalf, shall have the power to appoint all categories of officers and staff for conducting the affairs of the Society and to fix the amount of remuneration subject to budget provision and to define their duties.
f) The Society may delegate to the Chairman of the Soci-
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ety or to any of its members such administrative and financial powers and impose such duties as it deems proper and also prescribe limitations within which the said powers and duties are to be exercised or discharged.
(g) The accidental ommission to give notice of any meeting of the Society to a member or the non-receipt of such notice by any person entitled to receive such notices shall not invalidate the proceedings of that meeting.
(h) The members of the Society or of the Executive Board or of other Committees shall not be entitled to any remuneration from the Society. The non-official members of the Committees appointed by the Society shall, however be paid travelling allowance and daily allowance as may be provided for in the bye-laws, to be made in this behalf, for purposes of attending the meeting of the Society or for any business of the Society.
11. Powers and Responsibilities of the Chairman As the Chief Executive of the Society, his areas of responsi- bility will lie in the following:
- Providing leadership in generating ideas;
- Building a cohesive team out of the senior executives and academic staff of the National Open School and take measures to foster team spirit and a high level of moti- vation;
- Ensuring that there is a careful nurture of the work ethos and high standards of excellence, in all the Departments and in every item of work done by the National Open School.
- Providing facilitation and support to the Vice Chairman and to the Heads of Departments for personal and profes- sional development; specifically to assist them and work with them to evolve policies and programmes of action,
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to take appropriate decisions, to ensure proper imple- mentation and to organise regular review meetings;
- Delegating to the Vice Chairman, Secretary and Heads of Departments specific area responsibilities and thus make them share the tasks and responsibilities of top manage- ment;
- In brief, ensuring that the Aims and Objects and through them, the Mission of the Society are attained in fuller and fuller measure.
12. Powers and Responsibilities of the Vice Chairman He will exercise the specific powers and responsibilities of the Director (Academic) according to the norms laid down in Section 14 and according to the specific directives of the Chairman.
13. Powers and Responsibilities of the Secretary The Secretary will be the Administrative Head of the Society and shall exercise all those specific powers and responsibilities that are delegated to him by the Chairman and as specified in the bye-laws.
As Head of the Department of Administration and Accounts, he will exercise these powers in accordance with the norms given in section 14.
14. Powers and Responsibilities of the Heads of Departments The following are the powers and responsibilities of the Heads
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of Departments:
- To evolve, alongwith his team members in the Department, draft policies and programmes of action for the Department, both short term and long term. While these would vary, according to the nature of the different Department, each Department would be required to iden- tify specifically the tasks, task-schedules and necessary collaboration with other Departments etc.;
- When such policies and programmes are approved by the appropriate authority, to organise the resources of the Department to ensure effective implementation;
- To build a team of committed members in the Department, out of all the members and of all categories;
- To sanction expenditures, according to approved norms and within the powers delegated to him;
- To take personal responsibility to develop seconds and thirds in the Department, through delegation of specific responsibilities, and through specific assignments to those within the Department;
- To provide opportunities for personal and professional development of the staff of the department of various categories viewing this as a major responsibility;
- To be the Member-Secretary of the meetings held in the Department.
- To exercise all other powers and assume all other responsibilities not inconsistent with the delegation of powers or with the furtherance of the objects and tasks in other Departments or with the Aims and Objects and the Mission of the Society.
- To ensure that one's Department would work in collabo- ration with other Departments;
- To exercise the necessary supervision, within the Department so that all the members abide by the Rules, Regulations and directives contained in the bye-laws, both
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those apolicable to the National School as a whole and those specifically applicable to the particular Depart- ment.
15. Suits by and against the Society The Society may sue and be sued in the name of the Secretary of the Society.
16. Contracts and Agreements All contracts and agreements for and on behalf of the Society shall be signed by the Secretary of the Society.
*17. Accounts and Audit (i) The Society shall maintain proper accounts and othere relevant records and prepare annual accounts comprising of the Receipt and Payment Account, Statement of Liabilities and Assets, in such form as may be prescribed by the Govt. of India, in consultation with the Comptroller and Auditor General of India.
(ii) The Accounts of the Society shall be audited annually by the Comptroller and Auditor General or by any other person appointed by him in this behalf and expenditure incurred in connection with the audit of accounts of the Society shall be payable by the Society.
(iii) The Comptroller and Auditor General or any other person appointed by him in this behalf shall have the same rights, privileges and authority in connection with the audit and accounts of the Society as with accounts of other similar autonomous institutions of the Government.
(iv) The Accounts of the Society, duly audited by the office of the Comptroller and Auditor General of India shall be forwarded annually to the Government of India and the govt. shall cause the same to be laid before the House of
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Parliament within nine months of the close of the ac- counting year of the Society.
*18. Annual Report The Society shall submit annually to the Govt. of India a report of its working, together with the Audit Report, on its accounts, for the previous year, in both English and Hindi Versions, for laying them, within nine months of the close of the accounting year, on the table of both Houses of Parliament.
19. Dissolution of the Society In the event of the dissolution of the Society, according to the resolution of the Government of India, it will be done, as per provision of section 13 of the Societies' Registration Act (XXI of 1860), after getting prior permission from the appropriate authority of the Government.
20. Application of the Act All the provisions under all the Sections of the Societies' Registration Act, 1860 as applicable to the Union Territory of Delhi shall apply to the Society.
21.Essential Certificate Certified that this is the correct copy of Rules and Regulations of the Society.
Sd/- Sd/- Sd/
(Chairman) (Secretary) (Member)
*(Approved by the Govt. of India vide letter No. 5-23/92-Sch. 3 dated 17/7/92)
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