At last a long standing demand has borne fruit shape of Similipal Tiger Conservation Foundation when Govt. of Orissa accorded its approval for registration of the Foundation vide letter No.6008/F&E dated 4th April, 2011. Plans are afoot to convene the 1st General Body meeting of the Foundation recently.
The Rules and Regulations of Foundation has been approved as follows.
RULES AND REGULATIONS
i. The Name of the Foundation : Similipal Tiger Conservation Foundation
ii. The Registered Office of the Foundation : Office of the Field Director Similipal Tiger Reserve, Baripada, Dist- Mayurbhanj.
2. Area of Operation / Jurisdiction :
The area of operation shall be Similipal Tiger Reserve and its adjoining landscape with possible corridor value for dispersal of wild animals from Tiger Reserve.
3. Definitions –
In these Rules unless the context otherwise requires:
i. “Act” means the Wildlife (Protection) Act, 1972 (53 of 1972);
ii. “Executive Committee” means Executive Committee of the Foundation;
iii. “Foundation” means the Similipal Tiger Conservation Foundation (STCF) established under section 38X of the Act;
iv. “Governing Body” means Governing Body of the Foundation;
v. “Government” or “State Government” means Government of Orissa;
vi. “Implementing agency” means a tiger reserve notified under section 38V of the Act or a tiger reserve already notified by the Government of Orissa under Project Tiger Scheme;
vii. “Operations Manual” means the administrative code of the Foundation approved by the Government of Orissa;
viii.“Rules of the Foundation” means the approved trust of deed and Operations Manual of the Foundation;
ix. “Staff” means any employee of the Foundation appointed by appropriate authority and shall include consultants, professionals engaged on contract, staff on deputation, daily wages worker, etc.;
x. “Tiger Conservation Authority” means the National Tiger Conservation Authority constituted under section 38L of the Act;
xi. “Tiger Reserve State” means a state having tiger reserve;
xii. All other words which have not been specifically defined in this Rule shall have the same meanings as have been assigned to them in the Act.
4. Constitution of the Foundation:
Similipal Tiger Conservation Foundation shall be an autonomous body to facilitate and support the management, for conservation of tiger and bio-diversity for the tiger reserve at Similipal and to take initiative in eco-development by involvement of people in such development process.
i. Members of the Governing Body mentioned in clauses (vii) and (viii) shall, upon ceasing to be a Member of Legislative Assembly or, the Chairman, Zilla Parishad, as the case may be, cases to be a member of the Governing Body.
ii. The tenure of nominated member shall be for a period of three years from the date of nomination.
5. Governing Body of the Foundation-
i. The Governing Body of the Similipal Foundation shall consist of the following members, namely:-
Minister in-charge of Wildlife in the Govt. of Orissa.
Principal Secretary, Forest & Environment, Orissa
Principal Chief Conservator of Forests, Orissa
Field Director, Similipal Tiger Reserve, Baripada
Two prominent Scientists or qualified Experts in the field to be nominated by Government.
Chairman, Zilla Parishad, Mayurbhanj
Two members of the executive committee of the Foundation (other than the Field Director/ Deputy Director).
Principal Chief Conservator of Forests (WL) and Chief Wildlife Warden, Orissa
ii. Members of the Governing Body mentioned in clauses (vii) and (viii) shall, upon ceasing to be a Member of Legislative Assembly or, the Chairman, Zilla Parishad, as the case may be, cases to be a member of the Governing Body.
iii. The tenure of nominated member shall be for a period of three years from the date of nomination.
6. Power and functions of the General Body-
i. The Governing Body shall exercise the following powers and perform the following functions, namely:-
i. make overall policy of the Foundation in consonance with the provisions of the Act;
ii. consider and approve the balance sheet and audited accounts of the Foundation;
iii. consider and approve the Annual Report of the Foundation;
iv. approve the work plan, fund flow, Annual Budget of the Foundation;
v. make amendment in the deed of trust, which may be necessary, subject to the approval of the Government;
vi. approve the “Operations Manual” of the Foundation.
vii. co-ordinate between different departments and other institutions and with non-Governmental organisations to achieve the objectives of the Foundation;
viii.frame rules and regulations under the provisions of the deed of trust for managing the affairs of the Foundation;
ix. take all policy decisions regarding fund raising, investment and budget of the Foundation;
x. suspend, terminate or effect any other procedures on any Project or activity undertaken by the Foundation;
xi. supervise the works of the Executive Committee; and
xii. perform such other functions as may be necessary to achieve the objectives of the Foundation.
ii. Annual General Body Meeting:
The Foundation shall hold a General Body meeting of all the members of the Governing Body as per details furnished below;
a) it shall be held at least once in a year preferably in the month of April;
b) each year in the General Body Meeting the audited accounts of the previous year and the budget for the current year shall be presented, discussed and approved.
c) every meeting shall be called in writing by and under the signature of the Member-Secretary of the Governing Body through a prior notice of 15 days, containing a summary’ of the business to be transacted in such meeting.
d) any inadvertent omission to give notice to, or the non-receipt of notice of any meeting by, any member shall not invalidate the proceedings of the meeting;
e) if the President is not present in the meetings of the Governing Body, the Vice-President shall preside over the meeting;
f) one third of the members of the Governing Body present shall form a quorum of the Governing Body provided that no quorum shall be necessary in respect of any adjourned meeting;
g) all disputes in a meeting of the Governing Body shall be determined by the division of vote;
h) the member who is unable to attend the Governing Body meeting may send his views on the agenda in writing and such expression of opinion shall be taken to be his vote on the matter concerned; and
i) the minutes of the proceedings of the meeting shall be recorded and such minutes after having been approved and signed by the
Member-Secretary, shall be the conclusive proof of the business transacted in the meeting.
7. The Executive Committee :-
i. The Foundation shall have an Executive Committee to look after its day-to-day management.
ii. The affairs of the Foundation shall be administrated subject to the rules of the Foundation by the Executive Committee
iii. The Executive Committee shall consist of -
a) Field Director, Similipal Tiger Reserve-Chairperson
b) Two representatives of Eco-development Committees working in the Similipal Tiger Reserve to be nominated in the Governing Body-Members
c) Two members of front line staff of the Similipal Tiger Reserve-Members
d) The Collector & District Magistrate, Mayurbhanj or his representative-Member
e)The Superintendent of Police, Mayurbhanj or his representative-Member
f)Representative of two NGOs selected by Governing Body-Members
g)Deputy Director, Similipal Tiger Reserve-Member- Secretary
(the Deputy Director or, as the case may be ,the Assistant Director of the tiger reserve shall function as the Secretary of the Executive Committee).
iv. The tenure of the nominated member shall be for a period of two years from the date of nomination.
v. A member of the Executive Committee, other than nominated members, shall cease to be a member as such, if he ceases to hold that office or post by virtue of which, he became the member of the committee.
ii. Powers and functions of the Executive Committee:
The Executive Committee shall have the following powers and perform the following functions, namely;
(a) manage the affairs and funds of the Foundation in accordance with the rules and regulations of the Foundation;
(b) make endeavor to achieve the objectives of the Foundation and discharge all its functions;
(c) exercise administrative and financial powers including power to engage any person of one description and make appointment thereon in accordance with the rules and regulations of the Foundation;
(d) enter into arrangement with other public or private organizations or individuals for furtherance of its objectives and in accordance with the rules and regulations of the Foundation;
(e) accept endowments, grant-in-aid, donations or gifts to the Foundation not inconsistent with the rules and regulations of the Foundation and interest of the Government;
(f) take over or acquire in the Foundation by purchase, gift or otherwise from Government or other public bodies or private individuals or organizations, any movable and immovable property in the state or elsewhere in conformity with the rules and regulations of the Foundation; and
(g) perform such others functions as are assigned to it by the Governing Body.
iii. Proceedings of Executive Committee Meeting:-
a) Every meeting of the Executive Committee shall be presided over by the Chairperson. Provided that in the absence of the Chairperson, the executivecommittee shall elect a Chairman to preside over the meeting.
b) One half of the total members of the Executive Committee present in the meeting shall constitute the quorum, provided that no quorum shall be necessary in respect of any adjourned meeting.
c) Not less than seven days notice of every meeting of the Executive Committee shall be given to each member of the said Committee, provided that the Chairperson may call an emergency meeting if the situation so warrants.
d) Any inadvertent omission to give notice to or the non-receipt of notice of any meeting by any member shall not invalidate the proceedings of the meetings.
e) The Executive Committee shall meet as and when necessary but at least once in every month.
f) All disputed issues in the Executive Committee meetings shall be determined by vote among members.
g) Any member who is unable to attend the Executive Committee meeting may send his views on the agenda in writing and such expression of opinion shall be taken to be his vote on the matter concerned.
h) The Executive Committee may refer any issue for the advice or recommendation to a Sub-Committee constituted by it for the purpose and the Executive Committee shall have the right to override the recommendation or advice given by the Sub-Committee, and in doing so, it shall record reasons thereof.
i) The Minutes of the proceedings of the executive committee meetings shall be recorded and such minutes after due approval shall be issued by the Secretary.
8. Office and Authorities of the Executive Committee:-
a) The Field Director, Similipal Tiger Reserve shall be the Executive Director of the Foundation and he or she shall carry out all administrative and
day-to- day function of the Foundation on behalf of the Executive Committee and he shall be the custodian of all records, assets and belongings of the Foundation.
b) The Executive Director shall have the following powers in conformity with the rules of the Foundation; namely:-
a) to accept contributions on behalf of the Foundation either in cash or in kind from a person or institutions.
b) to purchase, acquire, take on lease any movable and immovable property for the purpose of the achieving the objectives of the Foundation.
c) to have control and authority on the general administration of the Foundation.
d) to open and operate accounts with banks.
e) to prosecute, sue and defend all actions as per law for and on behalf of the Foundation.
c) The Executive Director shall have powers to convene seminars, workshops etc., and to oversee publications of research materials and books of the Foundation.
d) The Executive Director shall initiate appropriate actions for the preparation and submission of project proposals on different programmes to be undertaken by the Foundation, to various agencies for support.
e) The Executive Director shall have powers to interact with National and International Agencies for furthering the objectives of the Foundation.
9. Property, Assets and Liabilities.
a) The income and property of the Foundation, howsoever derived, shall be applied solely towards the promotions of the objectives thereof as set-forth above.
b) No portion of the income and property of the Foundation shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise, howsoever, by way of profit, to the persons who at any point of time have been members of the Foundation or to any of them or to any person claiming through them. Provided that nothing herein contained shall prevent the payment of remuneration to any member or any persons in return of any service rendered to the Foundation or for any administrative expenses as stipulated in the Operations Manual.
10. Powers of the Government:-
The State Government may time to time review the functioning of the Foundation and issue such directions, as it may consider necessary in respect of the affairs of the Foundations. All such directions shall be binding upon the Foundation.
11. Funds of the Foundation –
i. Source of Fund :
The following shall be the various sources of funds for running the affairs of the Foundation in conformity with the rules of the Foundation, namely:-
a) the income generated from levying tourist entry fees and other charges for the services generated out of the Tiger Reserve;
b) contribution from other sources in terms of specific projects from national as well as international agencies as permitted by law; and contributions received for internal Agencies may be accounted for under a separate Head in Accounts, mentioning the purpose for which they are received.
c) grant-in-aids, donation or assistance of any kind from any individual or organisations including foreign Governments and other external agencies as permitted by law;
d) Income received from any other activities as permitted by law and in conformity with the rules of the Foundation; and
e) Interest, dividend earned on the funds of the Foundation.
ii. Management of Funds :
The fund of the Foundation shall be managed as per the provisions of the ‘Operation Manual-Part-I’ annexed with this Rules duly approved by the Governing Body.
iii. Delegation of Financial and Administrative Powers :
For day to day management of the affairs of the Foundation, ‘Operation Manual-II’ annexed with this Rules duly approved by the Governing Body shall provide the guidance of delegation of financial and administrative powers.
12. Accounts & Audit :
i. The foundation shall maintain proper accounts and prepare annual accounts comprising the receipts and payment. Statement of liabilities etc.
ii. Opening of bank account shall be in accordance with Rule 5 of the O.G.F.R. Vol-I and withdrawal shall be made by cheques signed by Field Director, Similipal Tiger Reserve, who is the Chairperson of the Executive Committee of the Foundation.
iii. The interest generated so, shall be utilized for development and protection of Similipal after approval of the Executive Committee.
iv. All the transactions i.e. petty as well as major transactions shall be made by Field Director or the person authorised by him and must be brought to account without delay.
v. The Foundation shall maintain the Balance Sheet including all assets and liabilities of permanent and intermittent nature, and all movable and immovable properties including consumable. Purchase of stores, tools and plants shall be guided by high standards of financial propriety and should be regulated in strict conformity with the store Rules given in Appendix-6 of OGFR volume-II.
vi. The Foundation is non-commercial in nature.
a) The accounts of the Foundation shall be audited annually by the qualified Chartered Accountant, empanelled by the Comptroller & Auditor- General of India, and approved by the Governing Body.
b) The audited accounts shall be discussed and approved by the Governing Body in its annual meeting held for the purpose; and
c) The accounts of the Foundation shall be subjected to the general provisions and directive of the Comptroller and Auditor-general of India.
d) The accounts shall be opened to Audit by internal Auditors of Forest and Environment department and A.G., Orissa. The accounts of the Foundation shall also be subject to Audit annually by the Principal Accountant General (Civil Audit), Orissa and the accounts as certified by him shall be forwarded to the Govt. of India and State Govt. which shall cause a copy of the same to be laid before the State Legislature after the same has been perused by the Governing Body.
vii. The budget provision of the Foundation shall be made through Annual Plan of Operation and expenditure shall be made as per approved Plan.
viii. More than one subsidiary Cash Books shall be provided for daily transaction and these will be incorporated in main Cash Book / Central Cash Book of Executive Director, who is the Chairperson of the Executive Committee. The Cash balance of Executive Director is primarily the detailed record of transaction written up day by day. The Cash balance shall be closed and balanced monthly.
ix. A stock register of receipt books with machine numbering shall be maintained with clear indication of receipt books already exhausted and receipt books in use. Receipts shall be issued in support of receipt of money invariably and the transactions shall be exhibited in the Cash Book on the same day.
x. The monthly progress report, quarterly progress report and annual progress report regarding the physical and financial targets and achievements of the Foundation shall be submitted to the Principal Chief Conservator of Forests (Wildlife) and Chief Wildlife Warden, Orissa / Forest & Environment Department as well as to National Tiger Conservation Authority.
xi. No remuneration shall be paid to any office bearers of the Foundation. However, incentive/honorarium can be given if so decided by Executive Committee.
xii. No travel expenses shall be payable to the staff for journey inside and outside the state when it is not related to Foundation work. The staff of the Foundation shall be governed by the T.A. Rules of State Government.
xiii. Purchase should be made in most economical manner in accordance with the definite requirement and strict adherence to the provisions of the OGFR for such purchases till the Foundation frames its own Rules for such transactions.
xiv. The Field Director, who is the Chairperson of the Executive Committee shall be responsible for watching the progress of expenditure and for keeping the expenditure within the grant.
xv. The Field Director, who is the Chairperson of the Executive Committee, shall take every precaution to get maximum work for the amount spent and to see that the Foundation money is not being wasted.
xvi. Monthly expenditure statement in respect of expenditure incurred out of Grants-in-aid received from Government of India / Government of Orissa may be submitted to A.G. (A & E), Orissa.
xvii. All the financial aspects / provisions shall be in conformity with the rules / provisions envisaged in Orissa Treasury Code, OGFR and Delegation of Financial Power Rules.
13. Dissolution of the Foundation:
The Foundation is irrevocable, however, in the event of any circumstance in which it is decided to terminate or dissolve the Foundation after the satisfaction of all its debts and liabilities, any assets and property, whatsoever be the same, shall not be paid to or distributed among members of the Foundation but shall be dealt with in such manner as the State Government may determine in that behalf.
a) As and when there is any change in the nomenclature of Ministries, Departments, or institution and designation mentioned, such changes shall automatically stand incorporated in the Rules of the Foundation.
b) Every staff of the Foundation may be sued or prosecuted by the Foundation for any loss or damage caused to the Foundation or its property for anything done by him/her, detrimental to the interests of the Foundation.