MEMORANDUM OF ASSOCIATION

1. The name of the Society shall be the State Institute of Hotel Management (Orissa)
Society.

2. The registered office of the Society shall be situated at District Tourism Centre, Balangir.

3. The objectives for which the Society is established are:-

i)to establish and carry on the administration and management of the
State Institute of Hotel Management (Orissa) Society hereinafter called the “Institute” whose function shall be:-

i)to establish and carry on the administration and management of the
State Institute of Hotel Management (Orissa) Society hereinafter called the “Institute” whose function shall be:-

(a) i) to provide instructions and training in all the crafts and skills, all the branches of knowledge both theoretical and applied, and all the organizational and management techniques, which are required for the efficient functioning of Hotel and Catering establishments of all kinds, as well as Institutional feeding programme in schools, Industrial establishment and similar organizations;

ii) to impart instruction and training in modern and scientific techniques of Management of modern hotels and hostels.

(b) to undertake and associate itself with nutritional extension and development work:

(c) to propagate economy in the handling and utilization of foodstuffs;

(d) to assist in the associate itself with the efforts of the central and central Governments to popularize wholesome non cereal foods, particularly protective foods, with a view to the diversification of the ordinary Indian diet and the enrichment of its nutritional content;

(e) to assist and associate itself with the attempts of food research Institutions, food scientists and food technologists to find effective acceptable means of presenting their nutritional ideas through the development of suitable recipes and the planning of menus;
(f) In accordance with the general policy laid down by the Central Government, to prescribe courses of Institution hold examinations and grant certificate diplomas and other awards to persons.

(g) to fix and demand such fees and other charges as may be laid down by the bye-laws;

(h) to establish, maintain and manage halls and hostels for the residence of students and members of the staffs:

(i) to supervise and control the residence, to regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and co-operate life;

(j) to institute teaching, administrative, ministerial and such other posts as may be necessary and to make appointments thereto in accordance with rules, bye-laws and any instructions/ orders and guidelines issued by the central government, from time to time.

(k) To institute and award fellowships, scholarships, exhibitions, loans, monetary assistance prizes and medals in accordance with rules and bye-laws; and

(l) Within the board framework of the policy laid down by the Central Government, to seek affiliation with universities or other appropriate academic or Governmental bodies or institutions and obtain the recognition of its courses of instruction, its examinations, its diplomas, certificates and other awards by the appropriate educational authorities.

ii) to make rules and bye-laws for the conduct of the affairs of the institute and Society and to add to, amend, very rescind them from time to time;

iii) to give pensions, gratuities or charitable aid to teachers, staff and other employees or ex-employees of the Society or to their wives, children or other dependants; subject to orders/ instructions issued by the Central Government in this regard from time to time.

iv) to make payments towards insurance and form and contribute to provident and benefit funds for the benefit of any person employed by the Society or of the wives, children or other relatives or dependants of such persons;

v) to acquire, hold and dispose off property in any manner whatsoever provided that the prior approval of the Central Government is obtained in the case of acquisition or disposal immovable property;

vi) to deal with any property belonging to or vested in the Society in such manner as the Society may deem fit for advancing the functions of the Institute;

vii) to borrow and raise moneys with or without security of any mortgage; charge of hypothecation or pledge over all or any of the immovable properties belonging to the Society or in any other manner whatever, subject to the approval of the Central Government.

viii) to build, construct and maintain houses, hostels, schools or other buildings, and later, extend, improve, repair enlarge or modify the same including any existing building and to provide and equip the same with light, water, drainage, furniture, fittings, instruments, apparatus and appliances and other things for the use of which such buildings is to be put up or held.

ix) to construct or otherwise acquire, layout, repair, extend, alter, enlarge, improve and use any land, recreation or playgrounds, parks and any other immovable property belonging to or held by the Society.

x) to start, conduct, print, publish and exhibit any magazines, periodicals, newspapers, books, pamphlets or posters that may be considered desirable for the promotion of the objects of the Society;

xi) to maintain a fund to which shall be credited

(a) All moneys provide by the Central government.
(b) All fees and other charges received by the Society.
(c) All moneys received by the Society by way of grants, gifts, donations benefactions, bequests or transfers.
(d) All moneys received by the Society in any other manner or from any other sources.
xii) to deposit all moneys credited to the fund in such banks or to invest in such manner as the Society may with the approval of the Central Government decides;

xiii) to draw, make, accept, endorse and discount, charges, notes or other negotiable instruments, and for there purposes to sign, execute and deliver such assurances and deeds as may be necessary;

xiv) to pay out of the funds belonging to the Society or put of any particular part of such funds, the expenses incurred by the Society from time to time including all expenses incidental to the formation of the Society and management and administration of any of the foregoing objects including all rent, rates, taxes outgoings and the salaries of the employees;

xv) tp maintain proper accounts and other relevant records and prepare an annual statements of accounts including the balance sheet in such form as may prescribed by the Central Government/ state Government;

xvi) to have the accounts of the Society audited in such manner as the government may direct and to forward annually to the Central Government the accounts duly certified by the auditors together with the audit report thereon;

xvii) to constitute such committees or sub-committees as it may deem fit;

xviii) to delegate all or any of its powers to the Boards of Governors of the Institute or to the Executive Committee or to any other Committees constituted by the Society or the Board or to any one or more members of its bodies or its officers;

xix) to do all such lawful acts, deeds or things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Society.

4. No immovable property of the Society shall be disposed off in any manner whatsoever without prior approval of the Central government.

5. The Central and Orissa Governments may issue such instructions to the Society or the Institute as it may consider necessary from time to time for the furtherance of the objects of the Society and for ensuring proper functioning and control of the Institute and the Society shall comply with such instructions.

6. The Central and Orissa Governments may appoint one or more persons to review the work and progress of the Society or Institute and to hold inquiries into the affairs thereof and to report thereon, in such manner as the Govt. may stipulate. Upon receipt of any such report, the Govt. may take such action and issue such directions as it may consider necessary in respect of any of the matters dealt with in the report and the Society or Institute, as the case may be bound to comply with such directions.

7. The income and property of the Society, however, derived, shall be applied towards the promotion of the objects as set forth in this Memorandum of Association subject nevertheless in respect of the grants made by the Central Government to such limitations as the Central Government may from time to time impose. No part 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 profit to the person who at any time are or have been members of the Society or to any of them 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 of any members thereof or any person in return any service rendered to the Society or for traveling allowance, halting or other similar charges.

8. If upon the winding up or dissolution of the Society, there remains after satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the Society, but shall be given or transferred to some other Institution having objects similar to the objects of the Society as the Central Govt. and State Govt. may determine

9. The names and addressed and occupations of the first members of the Governing Body of the Society (referred to in the rules and bye-laws as the Board of Governors) to which by rules and bye-laws of the Society, the Management of its affairs is entrusted ar

State Institute of Hotel Management (Orissa) Society, Balangir.
Rules and Regulations: -

Short Title: - 1. These Rules and Regulations may be called “ Rules and Regulations” of the State Institute of Hotel Management (Orissa) Society.


Definition: - 2. In these rules: -

a “Society” means the State Institute of Hotel Management (Orissa ) Society.
b “Institute” means the State Institute of Hotel Management. Area of operation will be at Balangir and other part of Orissa State.
c “Central Government” means Ministry or Department in the Central Government dealing with the subject.
d “Chairman” means except where the context otherwise requires the chairman of this Society.
e “Principal” means the principal of the State Institute of Hotel Management, Balangir. In these Rules and Regulations the Principal shall also mean Secretary of the Society , wherever the context so requires.
f “State Government” means the Government of Orissa.
 
Registered Office: - 3. The office of the Society shall be situated at Balangir or any city town in the State of Orissa where to it may be removed pursuant to a resolution passed in that behalf by the Board of Governors of the society.

Membership:- 4. (i) The Society shall consist of the following members:-
a A Chairman nominated by the State Government.
b Four representative of the State Government of Orissa, one being the Director of Technical Education and Training , Government of Orissa ex-officio or if there be no such person the officer who is for the time being the administrative head of the department which is in-charge of Technical Education , whether in addition to other functions or otherwise.
c Three representatives of the Central Government , one of them being the Director, National Council for Hotel Management, Catering Technology dealing with academic matter or his nominee.
d Two experts on Catering Technology to be nominated by the State Government, one of them being Principal, Institute of Hotel Management, Bhubaneswar and another being an eminent personality in the field of Catering Technology.
e Two persons from Hotel Industry to be nominated by the State Government.
f The Principal of the Institute, ex-officio.

(ii) The Central Government and State Government may at any time appoint any other person to be a member of the Society

5. The Society shall keep roll of members and every member of the Society shall sign the roll and state there in his name , designation ,occupation and address. No person shall be deemed to be a member or be entitled to exercise any of the rights and privileges of a member unless he has signed the roll as aforesaid.

6. If a member of the Society shall change his address, he shall notify his new address to the Principal ,but if he fails to notify his address , the address in the roll of members shall be deemed to be his address.

7. Should any member of the Society (other than the Chairman, the Expert on Catering Technology nominated by the State Government and the Principal, State Institute of Hotel Management, Balangir) be unable to attend a meeting of the Society he may appoint an authorized representative as proxy to take his place at that meeting of the Society and such representative shall have all the rights and privileges of a member of the Society including the rights to vote for that meeting.

TENURE OF MEMBER 8. i)

When a person becomes a member of the Society he holds, his membership shall terminate when he ceases to hold that office.

ii) A member of the Society nominated by the Central Government or by the State Government shall continue to be a member during the pleasure of the Central/State Government, as the case may be.

iii) The tenure of every person nominated by the State Government under Rule 4 (i) (d) & (e) shall ordinarily be 3 years unless terminated earlier under Rule 8 (ii).

CESSATION OF MEMBERSHIP 9.A member of the Society shall cease to be a member of the society if he dies, resigns becomes unsound mind, be adjudged or add judicated as insolvent or be convicted of a criminal offence involving moral turpitude if he is removed from the membership of the society or if he (other than the Principal) accept a full time appointment in the Institute, If he does not attend three consecutive meeting of the society with out leave of the Chairman.

RESIGNATION 10. i) The chairman may resign his office by a letter addressed to the Central Government and his resignation shall take effect from the date it is accepted by the Central Government

ii) A member may resign office by a letter addressed to the chairman under intimation to the authority by whom he was nominated and such resignation shall take effect from the date it is accepted by the Chairman.

VACANCIES 11. The society shall function , notwithstanding any vacancy therein and notwithstanding any defect in the appointment or nomination of any of its members; and no act or proceeding of the society shall be invalid merely by reason of the existence of any vacancy of therein or if any defect in the appointment or nomination of any of its member.

MEETING OF THE SOCIETY 12. i) The society shall meet whenever the Chairman thinks fit, provided that the Chair man shall call a meeting of the society upon a written requisition of not less than four members specifying the subject of the meeting proposed to be called. Provided further that the annual general meeting of the society shall be held at least once in one year as required under the societies Registration Act, 1860.

ii) For every meeting of the society, fifteen day’s notice shall be given provided that the Chairman may, for reason to be recorded; call a special meeting on such notice as may deem fit.

iii) Five member of the Society including any representative authorized under Rule 7 shall constitute a quorum at any meeting.

iv) In case of difference of opinion among the members, the opinion of the majority shall prevail provided that in the eve of disagreement by the State Govt. representative representing Finance Department on any financial matter, the same would be referred to the Finance Department, Govt. of Orissa for a decision.

v) Each member of the Society, including the Chairman shall have one vote and if there shall be an equality of votes an any question to be determined by the Society, the Chairman or member presiding shall have an additional or casting vote.

vi) Every meeting of the Society shall be presided over by the chairman and in his absence, by a member chosen by the members present to preside on the occasion.

vii) All meeting of the Board of Governors shall be deemed to be meeting of the Society.

viii) Any business which it may be necessary for the Society to perform, except such as may be placed before its meeting may be carried out by circulation among all the members in India and any resolution so circulated and approved by a majority of the members signing shall be as effectual and binding as if such resolution had been passed at a meeting of the Society, provided that at least five members of the Society have recorded their views on the resolution.

BOARD OF GOVERNORS COMPOSITION POWER MEETING ETC. 13. The General Superintendence, direction and control of the affairs of the Society and its income and property shall be vested in the herein after called the Board.

14. The members of the Board shall be the same as the members of the Society.

15. Should any member of the Board (Other than the Chairman, the experts on Catering Technology nominated by the State Govt. and the Principal of the State Institute of Hotel Management, Balangir) be unable to attend a meeting of the Board, he may appoint an authorized for representative as a proxy to take his place at the meeting of the Board and such representative shall have all the rights and privileges of a member of the Board including the right to vote for that meeting only.

16. The Board shall function, notwithstanding any vacancy therein and notwithstanding any defect in the appointment or nomination of any of its members, and no act or preceding of the Board shall be invalid merely by the reason of the existence of any vacancy therein or at any defect in the appointment or nomination of any of its members.

17. i) Within the Board frame work of policy laid down by the State Government or instructions/orders issued by them from time to time the Board may frame/amend their bye-laws to provide for all or any of the following matter.

a

The formation of Department of teaching;

b The fees to be charged for courses of study in the institute and for admission to the examinations for conferment of the awards;
c The institution of the fellowships, scholarships, exhibitions, loans prizes and medicals;
d The creation and classification of posts, the methods of appointment and determination of the terms and condition of service of teaching and other staff of the institute subject to prior approval of the State Government & State Govt. in all such matter;
e The constitute of terminal benefits such pension and provident funds for the benefit of the officers, teachers and other staff of the Institute.
f The establishment and maintenance of halls and hostel;
g The conditions of residence of students of the Institute and the levying of fees for residence in the halls and hostels and of other charges and
h Other matters of relevance and importance in the administration of education Institutions.

ii) The Board may be resolution , appoint such committees for such purposes and with such powers as the Board may think fit. The board may co-opt such persons to these committees as it considers suitable, either from amongst the members of the Board of Governors or outsiders.

iii) The Board may be resolution, delegate to a committee or the Chairman such of its powers for the conduct of its business as it may deem fit, subject to the condition that action taken by any committee or the Chairman under powers delegated to them by this rule shall be reported for confirmation at the next meeting of the Board.

iv) The Board may Pass such resolution as it may deem fit on the annual report, the annual accounts and the financial estimate.

MEETINGS 18. i) Ordinarily, the Board shall meet once in every six months and the fifteen days notice shall be given of each such meeting and a copy of the proceedings of such meeting and a copy of the proceedings of such meeting and a copy shall be furnished to the Central and State Government as soon as possible after the meeting provided that the Chairman may, whenever he thinks fit, and shall on the written requisition of not less than two members call a special meeting;

ii) Five members of the Board, including any representative authorized under Rule 15 shall constitute a quorum at any meeting of the Board.

iii) In case of difference of opinion amongst the members, the opinion of the majority shall prevail, provided that in the event of the disagreement by the State Government representative representing Department of the Finance on any financial matter, the same would be referred to the Finance Department, Govt. of Orissa for a decision.

iv) Each member of the Board including the Chairman, shall have one vote and if there shall be an equality of votes on any question to determined by the board, the Chairman or member presiding shall have an additional or casting vote.

v) Every meeting of the Board shall be presided over by the Chairman and in his absence by a member chosen by the members present, to preside on the occasion.

vi) Any business which it may be necessary for the Board to perform, except such as may be place before its meetings may be carried out by circulation among all its members in India and any resolution so circulated and approved by a majority of the members signing shall be as effectual and binding as if such resolution had been passed at a meeting of the Board, provided that at least five members of the Board have recorded there views on the resolution.

EXECUTIVE COMMITTEE COMPOSITION, POWERS, MEETINGS ETC. 19. i) Out of the members of the Board of Governors the following shall constitute an Executive Committee:-

a) Two representative from State Government, One of them being Director, Tourism or there be no such person the officer who is for the time being the administrative head of the department which is in charge of Tourism whether in addition to other functions or otherwise. One of the representative to be specified as Convener of the Executive Committee.

b Two of the representative of the Central Government to be specified by the Central Government.
c The expert nominated by the Central Government to the Board of Governors, and
d The Principal of the Institute.

20. It shall be the duty of the Executive Committee to see that the decisions taken by the Board of Governors are implemented.

21. The Executive Committee shall exercise all or any of the powers and functions of the Board of Governors, subject to the general superintendence, direction and control of the Board.

22 The Executive Committee shall function, notwithstanding any vacancy therein and notwithstanding any defect in the appointment or nomination of any of its members and no act of proceeding of the Executive Committee shall be invalid merely by reason of the existence of any vacancy there in or of any defect in the appointment or nomination of any of its members.
23 i)The Executive Committee shall meet as often as necessary and at least once in three months, and 10 days notice shall be given of each such meeting and a copy of the proceeding of such meeting shall be furnished to the Board of Governors and to the State Government as soon as possible after the meeting provided that the convener may, whenever he thinks fit, and shall on the written requisition of not less than two members, call a special meeting.

ii) The meeting of the Executive Committee shall be presided over by a member elected to preside over that meeting, if there is any difference of opinion with regard to the Chairman, the meeting shall be presided over by the Convener of Executive Committee or in his absence by one of the other representative of the State Government.

iii) Three members of the Executive Committee present in person shall constitute a quorum at any meeting of the Committee.

iv) In case of difference of opinion amongst the members, the opinion of the majority shall prevail provided that in the event of the disagreement by the State Government representative representing Department of Finance, Govt. of Orissa on any financial matter, the same would be referred to the Department of Finance, Govt. of Orissa for a decision.

v) Each member of the Executive Committee including the Chairman elected for the meeting shall have one vote, and if shall be an equality of votes on any question to be determined by the Committee the Chairman elected for the Meeting shall have an additional or casting vote.

vi) Any business which it may be necessary for the Executive Committee to perform, except such as may be placed before it's meeting, may be carried out by circulation among all its members in India and any resolutions so circulated and approved by the majority of the members signing shall be as effectual and binding as if such resolution had been passed in a meeting of the Committee have recorded their views on the resolution.

PRINCIPAL 24. i) The appointment of the Principal of the Institute shall be made by the State Government.

ii) The Principal shall be the Principal academic and executive officer of the Institute and shall be responsible for the proper administration of the Institute and for the imparting of the instructions and the maintenance of the discipline. All other staff of the Institute shall be subordinate to the Principal.

iii) The Principal shall be the custodian of record the funds of the Institute and such other property of the Institute as the Board may commit to his charge.

iv) The principal shall act as Secretary of the Society, the Board , the Executive Committee and other Committee of the society or the Board. He shall discharge all functions of the Secretary as provided in the Registration Act.

v) The Principal shall have such other powers and shall perform such other duties as may be delegated to him by the Board.

vi)The Principal shall have the power to redelegate his power to any of his subordinate with the approval of the Board.

vii) In the event of the occurrence of any vacancy in the office of the Principal or if the Principal is unable to discharge his functions owing to absence. Illness or any other cause, it shall be open to the Board to authorize any person to exercise such powers, functions and duties of the Principal as the Board may deem fit.

ACCOUNTS AUDIT AND REPORTS 25.Within six months of the closing of the previous financial year, the society shall submit to the State Government for their approval Budget Estimates for the ensuing year along with a repot on the working of the Institute and an audit Statement of Accounts showing the Income and Expenditure for the previous year, provided that the Budget Estimates for the first year will be submitted in accordance with such directions as the State Government may issue in this respect.

SECURITY TO BE SUED IN THE NAME OF SECRETARY 26.For the purpose of selection 6 of the Societies Registration Act,1860 (XXI of 1860), the person in whose name the society may sue or be sued shall be the secretary of the Society

27. All contract for and on behalf of the society shall be execute by the Principal of the Institute, if the value of the contract is Rs 30,000/- or less and the Principal of the Institute and the convener of the Executive Committee if the value of the contract exceeds Rs 30,000/-. The Board may also authorize any person to enter into contracts on behalf of the society subject to such restriction and conditions as the Board may impose.

ALTERATION ETC.OF PURPOSE AND OF THE RULES. 28. i) Subject to the prior approval of the State Government, the society may alter, extend or abridge any purpose for which it is established provided it carries out the procedure prescribed in that behalf by Act XXI of 1860.

ii) These Rules may be altered with the consent of the Central & State Government at any time by a resolution passed by a majority of two-third of the members present at any meeting of the society which shall have been duly convened, for the purpose.

 
DISSOLUTION: 29 The society may be dissolved in accordance with the provisions of section 13 & 14 of the societies Registration Act ( 21 of 1860) after obtaining the previous consent of the State Government.
30 If on the winding up or the dissolution of the society there shall remain, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to any of its members or distributed amongst them, but subject to provisions of section 14 of the set shall be disposed off as the Central & state Government may determine.
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