Memorandum & Articles of association of ‘ The H.P. Aquaculture, Fishing and Marketing Society”

I, The name of the Society shall be “The H.P. Aquaculture, Fishing and Marketing Society’ to be name hereafter as Society.

II. The Registered Office of the Society shall be located at Bilaspur, Himachal Pradesh.

III A) The main objectives of the Society shall be:

a)      To achieve maximum sustainable fish production from state’s reservoirs as well as fish farms by applying latest scientific technologies;

b)      To strengthen the conservation efforts in reservoirs so as to minimize the losses due to illegal fishing and poaching of fish; and;

c)      To improve the management of fish farms so as to intensify the seed production and sale of fish from the farms. The ultimate aim is to convert
   the existing farms into revenue generating centre at one had and assured source of quality and abundant seed supply to private aqua
   culturists;

d)      To formulate fish marketing policies, establish market channels for harvested fish;

e)      To identify fish farmers in the project areas, to impart them necessary training in fish farming/ culture and to assist them in procuring loans
   and requisite financial and technical assistance in construction of ponds/ raceways besides other inputs;

f)       To review the progress of the execution of the activities as well as effectiveness of the benefits directed towards fish farms and other aspects;
   and

g)      Any other activity, which the Society may decide in consonance with the direction of the State Government.

To attain the above main objectives of Society may:

a)                           Renovate and remodel the existing farms those are covered under activity centres of the society with an aim to expand their seed and fish production level so as to convert them into revenue generating centres;

b)                           All management measures to be adopted for raising the fish production in the State;

c)                           Identify and create trained fish farmers among the educated and unemployed youths who could take fish farming as an avocation;

d)                           To provide subsidy or financial assistance at approved pattern to the fish farmers and arrange credit facilities through financial institutions viz. Co-operative Banks, Nationalized bank or any other institution involved in such operation/function;

e)                           To provide fish farmers inputs viz. fish seed and fish feed as per their requirements and within the frame of the operational model schemes besides arranging fish marketing facilities;

f)                            Draw, accept, made endorse, discount and negotiate with the state government or any other promissory notes, bills of exchange, cheques or other negotiable instruments;

g)                           Invest the funds or the money entrusted upon such security or in any such manner as may from time to time to be determined by the Governing Council and from time to time to sell or transfer such investments;

h)                           Purchase, take on lease, accept as gift, construction or otherwise acquire any loan or property where-ever suitable which may be necessary or useful for the Society for the furtherance of its programme;

i)                            Employ directly/ in directly or at the directions of the state government by grant to other institutions, exerts to further the programmes to be undertaken/supported by the Society;

j)                            Set up or establish any special service such as a diagnostic disease analysis and feed testing laboratory; ice plant; feed mills at trout farms befitting to the demand at various farms of the society and for supply to the private fish farmers; cold-chain etc. In the furtherance of the economic interest of the fish farmers.

-10.                        Formation of the Society:

a)   The name, address and occupation of the founder members of the Society and the intention for being formed into a Society follows here in below:

b)   We, the several persons, whose names and addresses are hereunder subscribed, are desirous of being formed into a Society in pursuance of this Memorandum of Association, under the Society Registration Act, 1860 (Act 21 of 1860).

(C) Dr. Kuldip Kumar, Director-cum-Warden of Fisheries, Himachal Pradesh

is authorized by the Society for receiving communications from the Registrar;

(V) The income and property of the Society shall be applied towards the promotion of the objectives, thereafter as set-forth in this Memorandum of Association subject in respect of the expenditure of grants made by the government of Himachal Pradesh to such limitations as the government of Himachal Pradesh may from time to time impose. No portion of the income and property of the society shall be paid or transferred directly or indirectly by way of dividends, bonus or otherwise, howsoever, by way of profits to the persons who at any time person claiming through them provided that nothing therein contained shall prevent payment in good faith or remuneration in return for any service rendered to the Society.

(VI) The Governing Council of the society with two-third of its majority may pass resolution for dissolution of the society. If on the winding up or dissolution of the society there shall remain after the satisfaction of its debts and liabilities, and property what-so-ever, the same shall not be paid to, or distributed among the members of the society or any of their heirs but shall be dealt within such manner as the government of Himachal Pradesh may determine. Provided, however, that the debts and liabilities shall be the first charge on the properties of the society.

We the several persons, whose names and addresses are hereunder are desirous of being formed into a Society in pursuance of this Memorandum of Association and are applicant for its registration under the Society registration Act, 1860.

Regulations of the Himachal Pradesh Aquaculture, Fishing and Marketing Society.

In the interpretation of these rules the following expression shall have the following meaning unless inconsistent with subject to context:

a)      ‘Act’ shall mean the Societies Registration Act, 1860;

b)      ‘Government’ means the Government of Himachal Pradesh;

c)      ‘The Society’ shall mean “ The H.P. Aquaculture, Fishing and Marketing Society;

d)      “Governing Council’ shall mean the body as constituted under these articles for guiding, coordinating and planning of the
    Society’s activities;

e)      “Executive Council’ shall mean a committee constituted as such under these rules for day-to-day implementation and
    monitoring function of the Society;

f)       “The Chairman” shall mean the “Chairman’ of the Society referred to in these regulations; and

g)      ‘Director’ the Director-cum-Warden of Fisheries, Himachal Pradesh

h)      ‘Fish farmers’ shall mean such person or persons as may be identified by the Society, keeping in view the policy of the
   Government of Himachal Pradesh.

-9.    Members of the Society:

2. Persons who have signed the Memorandum of Association of the society shall be the first members of the society duly admitted;
3. The society may admit further members subject to the approval of the government of Himachal Pradesh;
4. When a person becomes or is appointed or is nominated a member of the society by virtue of an office held by him his membership of the society shall terminate when he ceases to hold that office and the vacancies so cause shall be filled by his successor to that office;

Whenever a member desires to resign from the membership of the society, he shall address his resignation to the Director-cum-Warden of Fisheries, Himachal Pradesh

5. Director-cum-Warden of Fisheries and present it to him. His resignation shall take effect only on its acceptance by the Chairman of the Society;
6. Any vacancy in the membership of the society either by request or articles (4) of these regulations or otherwise shall be filled up by appointment or nomination by the authority or institution entitled to do so as the case may be;
7. The Society shall function notwithstanding that any person entitled to be a member by reason of his office is not represented on the society for the time being. The proceedings of the society shall not be invalidated by the above reason, due to the existence of any vacancy or any defects in the appointment of any of its members;
8. Should a person who is a member of the society by virtue of the office held by him be prevented from attending the meeting of the society a substitute to take his place at that meeting may be nominated by him. Such substitute shall be entitled to take part in the proceedings of that meeting for which he has been nominated and shall also have the right to vote thereat;
9. The society shall maintain a roll of members at its registered office and every member shall sign the roll and state therein his occupation and address;
10. The society shall enter into the register of membership the following particulars:

a)      Name and address of each member;

b)      The date on which the member was admitted; and

c)      The date on which the member ceases to be a member.

11. It shall be incumbent upon a member of the society to notify to the Director any change of his address and occupation;
12. The society shall have Governing Council, which shall manage the affairs of the society. The members of the Governing Council including its Chairman shall be nominated by the Government of Himachal Pradesh. Te Governing Council of the Society shall consist of the following:

13. The state government shall be entitled to obtain information, advice and assistance of the society on all matters connected with fisheries programmes undertaken or to be undertaken by the society;
14. The Governing Council shall meet atleast once in a quarter unless otherwise directed by the Chairman to discuss and deliberate upon the activities of the society. A quorum of atleast three persons shall be essential for a meeting under this regulation. A fresh meeting must be convened immediately by the member-Secretary in case this requirement of quorum is not met at any meeting;
15. The Executive Council may meet atleast once in a month to discuss and take necessary decisions over the working of the society;
16. The Governing Council shall function notwithstanding that any person entitled to be a member by reason of his office is not represented on the Governing Council for the time being. The proceedings and actions of the Governing Council shall not be invalidated by the above reason, or from the existence of any vacancy or any defects in the appointment of its members;
17. Should a person nominated or elected as a member of the Governing Council be prevented from attending meeting, a substitute to take his place at that meeting may be nominated by authorities who nominated a member. Such a substitute shall be entitled to take part in the proceedings of the meeting and will have the right to vote thereof.
18. Powers of the Governing Council:

Save as herein expressly provided, as having to be passed by the society in a general meeting, all the duties, powers, functions and rights what-so-ever, consequential and incidental to the carrying out of the objectives of the society shall only be exercised or performed by the Governing Council subject to such limitations as the Government of Himachal Pradesh may from time to time impose in respect of the expenditure of its grants;

19. In particular and without prejudice to the generality of the foregoing provisions, the Governing Council may:

a)      Make, amend, or repeal any rule relating to the administration and managements of the affairs of the society subject to the observance of the provisions contained in the Societies Registration Act, 1860;

b)      To consider the annual budget and its subsequent alteration placed before it by the Member-Secretary from time to time and to pass it with such modification as the Governing Council may think fit;

c)      To create posts for carrying out the functions of the Agency commensurate with the instructions of the Government in respect of the limit on expenditure;

d)      To delegate any of its powers other than those of making rules to the Chairman or other authority as it may deem fit;

e)      To appoint committees, boards and sub-committees etc. for such purpose and on such terms as it may deem fit, and to remove any of them;

f)       To do generally all such acts and things as may be necessary or incidental to carrying out the objectives of the society or any of them provided that nothing herein contained shall authorize the Governing Council to do any act or to pass bye-law which may be repugnant to the provisions here of or to powers hereby conferred on the Governing Council and other authorities, or which may be inconsistent with the objectives of the society;

20. Proceedings of the Governing Council:

The Chairman of the society shall preside at all the meetings. In his absence, the members present may authorize one of them (other than the Member Secretary) to preside over the meeting.

21. Not less than 16 clear days notice of every meeting of the Governing Council shall be given to each member;
22. The Chairman may himself call, or by a requisition in writing signed by him, may require the Director to call a meeting of the Governing Council at any time and on the receipt of such a requisition the Director shall forthwith call such a meeting;
23. Each member of the Governing Council shall have one vote and in the event of an equality of votes or any question to be decided, the Chairman shall have a casting vote;
24. Any business which it may be necessary for the Governing Council to perform may be performed by a resolution in writing circulated among all its members and any such resolution so circulated and approved by a majority of the members signing shall be as effectual and binding as a resolution passed at a meeting of Governing Council;
25. Annual General Meeting:

The Society shall hold an annual general meeting atleast once in every year and not more than 15 months shall elapse between two successive Annual General Meetings;

26. The balance sheet of the Auditor’s shall be placed at the Annual General Meeting of the Society for its consideration;
27. Atleast four members of the society present at the Annual General Meetings shall form a quorum;
28. The Executive Council of the Society shall be as under:

1. Director-cum-Warden of Fisheries, Himachal Pradesh               Chairman

2. Assistant Director of Fisheries, Bilaspur                                   Member

3. Assistant Director of Fisheries, Pong                                       Member

4.Section Officer (Audit) Directorate of Fisheries                           Member

5. Deputy Director of Fisheries, Patlikuhl,                                     Member Secretary

29. Powers of the Executive Council

(i)         Save as herein expressly provided as having to be passed in the meeting of the Executive Council of the duties, powers, functions and right whatsoever consequential and incidental to the carrying out of the objectives of the society shall only be exercise or performed by the Executive Council provided it does not involve any policy decision or in case the Executive Council desires any change in the programmes this should have prior concurrence of the Governing Council;

(ii)        To assess and evaluate the working of the society once in a month or as may be decided by the Chairman and to give necessary directions which can make a head way for furthering the prospects of the scheme so adopted for the development of fisheries activities in the state;

(iii)       To take necessary steps for making austerity measures in respect of financial expenditure in the society;

(iv)        To make appointment to the posts in the staff including appointments on secondment, transfer etc. besides to hire/recruit labourers, with the prior concurrent of the Governing Council;

30. Proceedings of the Executive Council

The Director-cum-Warden of Fisheries, Himachal Pradesh, shall be the Chairman of the Executive Council and shall preside over at all meetings of the same. In his absence the members present may authorize one of them (other than the Member Secretary) to preside over the meeting;

(i)         The Chairman may himself cal or by a requisition in writing signed by him may require the Member Secretary to call the meeting of the Executive Council at any time and on the receipt of such a requisition the Member Secretary shall forthwith call such a meeting;

(ii)         Each member of the Executive Council shall have one vote and in the event of equality of votes or any question to be decided by the Chairman shall have a casting vote.

31. Funds of the Society:

The funds of the Society shall consist of the following:

a)      Recurring and non-recurring grants made by the Government of Himachal Pradesh and any other agency for the furtherance
   of the objectives of the society;

b)      Income from Investment;

c)      Income form other sources;

d)      Income from sale of fish, fish seed and fish feed, fee, roualty, consultancies charges, training courses fee etc.

32. Account and Audit

The Accounts of the society shall be audited by the agency as specified by the Government or by Chartered Accountants as defined in Chartered Accountants Act, 1949 to be appointed by the Governing Council. These accounts may be subject to a second audit by the Comptroller and Auditor General of India, if directed by the Government;

33.   An annual report of the proceedings of the society and of all works undertaken during the year shall be prepared by the Governing Council for the
      information of the Government and the members of the society. This report and the audited accounts of the society shall be placed before the
      society at the annual General Meeting;
34.   Within 30 days after the holding of Annual General Meeting the following shall be filed with the Register of societies:

-8.    A list of the names, addresses and occupation of the members of the Governing Council, the Chairman and other office bearer of the society;

-7.    An annual report of the previous year; and

ii)          A copy each of the balance sheet and of the Auditors report certified by the Auditors. Such list and the annual report shall be certified by the Director.

35. Property of the society:

All property belonging to the society shall be deemed to be vested in the Governing Council of the society and shall be referred as ‘ Property of the Society’

36. Suits and Proceedings by the Society;

-6.    The society may sue or may be sued in the name of the Chairman or any office bearer authorized by the Governing Council;

-5.    No suit or proceedings shall abate by reason of the Chairman or any office bearer authorized in this behalf;

-4.    Every decree or order against the society in any suite of proceedings shall be executable against the property of the society and not against the person or the property of the Chairman or any office bearer.

37. The Society shall keep at its registered office proper books of accounts in which should be entered accurately:

a)      All sums of money received and the source thereof and all sums of money expended by the society and the object or purpose for which such sums are expended;

b)      The society’s assets and liabilities.

38. Every member of the society may be sued or prosecuted by the society for any loss or damage caused to the society or its property or for any thing detrimental done to the interests of the society;
39. Every member of the Governing Council shall have the right to seek information in respect of the affairs of the society which will be placed in the meeting of the Governing Council;
40. Members to receive no profit upon dissolution of the society, if after disposal and settlement of the property of the society and its claims and liabilities there are any surplus assets, such assets shall not be paid to or distributed among the members of the society or any of them but shall be disposed off as directed by the government with the approval of Registrar of Societies;
41. A notice may be served upon any member of the society either personally or by sending it through the post in an envelop addressed to such members at the address mentioned in the roll of the members;
42. Any other notice so served by post shall be deemed to have been served on the day following that on which the letter, envelop or wrapper containing the same is posted, and in providing such service it shall be sufficient to prove that the cover containing such notice was properly address and put into the post office;
43. Alteration of extension of the purpose of the society.

Subject to the approval of the Government the society may alter or extend the purposes for which it is established either sue motto or on a resolution passed by the Governing Council, in accordance with the provisions laid down in Society Registration Act, 1860.

44. The rules of the Society may be altered at any time by a resolution passed by a majority of the members of the Society, which shall have been duly convened for the purpose. The modified rules will be deemed to have come into force in accordance with the provisions contained in the Societies Registration Act, 1860.

Government of Himachal Pradesh

Department of Fisheries

No. Fish-F (8)1/97       Dated Shimla-171 002, the 26^th November 2001.

Notification

The Governor, Himachal Pradesh is pleased to constitute a Society namely’ The H.P. Aquaculture, Fishing and Marketing Society’ to achieve the following objectives:-

1)      To achieve maximum sustainable fish production from state’s reservoirs as well as fish farms by applying latest scientific technologies;

2)      To strengthen the conservation efforts in reservoirs so as to minimize the losses due to illegal fishing and poaching of fish; and;

3)      To improve the management of fish farms so as to intensify the seed production and sale of fish from the farms. The ultimate aim is to convert the existing farms into revenue generating centre at one had and assured source of quality and abundant seed supply to private aqua culturists.

The Society will have two main bodies viz.:

a)      Governing Council; and

b)      Executive Council.

(a)   Governing Council:

Executive Council.

3. The Governing Council will be the supreme body and ensure co-ordination, planning and implementation of the programme of the Society. The Executive Council shall carry out routine functions and will ensure the implementation of the decisions of the Governing Council.

Activity Centres:

1.      Trout Farm, Patlikuhl;

2.      Trout Farm, Barot;

3.      Trout Farm, Nagni;

4.      Fish Farm, Deoli (Bilaspur), and

5.      Fish Farm, Gagret (Una)

The staff and the assets are not proposed to be transferred to the Society for the time being but the staff of Fisheries Department will work for the Society under the control of Director-cum-Warden of Fisheries, Himachal Pradesh

-3.    Like wise the Society will make use of the moveable/immoveable assets over a period of time, however the ownership of the same will rest with the Department of Fisheries. Nevertheless, a comprehensive review will be carried out of the activities of the Society after 3 years so as to take a final view on the issue of the transfer of the staff and the assets or even on its continuance further.

By Order

Sd/-

Financial Commissioner-cum- Secretary (Fisheries)

to the government of Himachal Pradesh.

Endst. No. Fish-F (8)1/97 Dated Shimla-171 002, 26^th November 2001.

Copy for information and necessary action is forwarded to:

1. All the Administrative Secretaries to the government of Himachal Pradesh;
2. Additional Secretary (GAD) to the government of Himachal Pradesh;
3. Private Secretary to the Chief Minister, Himachal Pradesh;
4. Private Secretary to the Industries Minister, Himachal Pradesh;
5. The Resident Commissioner, Himachal Bhawan, Sikandra Road, Mandi House, New Delhi;
6. The Registrar, Cooperative Societies, Himachal Pradesh, Kasumpti, Shimla-9;

7.         The Director-cum-Warden of Fisheries, Himachal Pradesh Bilaspur;. He is requested to register the above named society under the HP Registration of Society Act, 1860 and also frame the Rules and Regulations of the Society;

8. All the Members of the Governing Council/Executive Council of the Society;
9. The Comptroller Printing & Stationery, Himachal Pradesh, Shimla-5 for publication in the Rajpatra (Extra ord.)
10. Guard File.

Sd/-

Under Secretary (Fish) to the

Government of Himachal Pradesh.

Government of Himachal Pradesh

Department of Fisheries

No. Fish-F (8)1/97       Dated Shimla-171 002, the    26^th November 2001.

Notification

In continuation of this department Notification of even No. dated 26.11.2001 the Governor, Himachal Pradesh, is pleased to re-constitute the Governing/Executive Councils of the H.P. Aquaculture, Fishing and Marketing Society consisting of the following:

Executive Council

The terms and conditions and areas of activities will remain the same as mentioned in the notification issued on 26.11.2001.

By Order

Sd/-

Principal Secretary (Fisheries)

to the government of Himachal Pradesh.

Endst. No. Fish-F (8)1/97                  Dated Shimla-171 002, 15^th July 2002.

Copy for information and necessary action is forwarded to:

-2.    All the Administrative Secretaries to the government of Himachal Pradesh;

-1.    Additional Secretary (GAD) to the government of Himachal Pradesh;

0.      Private Secretary to the Chief Minister, Himachal Pradesh;

1.      Private Secretary to the Industries Minister, Himachal Pradesh;

2.      The Resident Commissioner, Himachal Bhawan, Sikandra Road, Mandi House, New Delhi;

3.      The Registrar, Cooperative Societies, Himachal Pradesh, Kasumpti, Shimla-9;

5.      The Director-cum-Warden of Fisheries, Himachal Pradesh

   Bilaspur;. He is requested to register the above named society under the HP Registration of Society Act, 1860 and also frame the    
   Rules and Regulations of the Society;

6.         All the Members of the Governing Council/Executive Council of the Society;

7.        The Comptroller Printing & Stationery, Himachal Pradesh, Shimla-5 for publication in the Rajpatra (Extra ord.)

8.      Guard File.

H.P. Aquaculture, Fishing and Marketing Society
(Government of Himachal Pradesh Undertaking)
(Regd. Office: Directorate of Fisheries, H.P. “Matsya Bhawan”, Bilaspur-174 001)