Rules and Regulations
RULES AND REGULATIONS OF THE INSTITUTE OF HOTEL MANAGEMENT CATERING TECHNOLOGY & APPLIED NUTRITION ( LUCKNOW ) SOCIETY.
SHORT TITLE
1. These rules and Regulations may be called “ Rules and Regulations Of the Institute of Hotel Management, Catering Technology & Applied Nutrition (Lucknow Society)” Lucknow.
2. In these rules :-
(a) `Society’ means the Institute of Hotel Management, Catering
Technology & Applied Nutrition (LUCKNOW Society Luknow).
(b) `Institute’ means the Institute of Hotel Management, Catering Technology & Applied Nutrition, Lucknow.
(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 the Society.
(e) `Principal’ means the Principal the Institute of Hotel Management Catering Technology & Allied Nutrition LUCKNOW. In these Rules and Regulations, the `Principal’ shall also mean Secretary, wherever the context so requires.
(f) State Government means the Government of U.P.
REGISTERED OFFICE
3.The office of the Society shall be situated at Lucknow or any town in the State of U.P. whereto it may be removed pursuant to a resolution passed in that behalf by the board of Government of the Society.
MEMBERSHIP
4(i) The Society shall consist of the following members:-
(a) A Chairman nominated by the Central Government.
(b) Three representatives of the State Government of U.P. One being the Director of Technical Education and Training, Government of (U.P.), 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 of otherwise.
(c) Four representatives of the Central Government, one of them being FA to the Department of Tourism or his nominee.
(d) An expert on catering technology to be nominated by the Central Government.
(e) Two persons from the Hotel Industry to be nominated by the Central Government.
(f) The principal of the Institute, ex-officio.
5. The society shall keep a roll of members and every member of the society shall sign the roll and state therein 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 private Legs of a member unless he has sign the rolls aforesaid.
6. If a member of the Society shall change his address, he shall notify new address to the Principal, but if he fails to notify his address, the address in the roll of Members shall deemed to be his address.
7. Should any member of the society (other than the chairman, the expert on catering technology nominated by the Central Government, and the Principal, Institute of Hotel Management, Catering Technology & Applied Nutrition, Lucknow, be unable to attend a meeting of the society, he 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 right to vote for that meeting.
TENURE OF MEMBERS
8. (i) When a person becomes a member of the society by reason of the office 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 government or the state government, as the case may be.
(iii) The tenure of every person nominated by the Central Government under Rule 4(i)(a) & (e) and Rule ( ) shall ordinarily be 3 years unless terminated earlier under Rule 1 (ii).
CEASATION OF MEMBER-SHIPS
9. A member of the society shall cease to be a member of the society,if he dies, resigns, becomes of unsound mind, be adjudged or adjudicated as insolvent moral turpitude or if he is removed from the Membership of the society or if he (other than the Principal) accepts A full time appointment in the Institute, of if he does not attend three consecutive meetings of the society without leave of the Chairman.
RESIGNATIONS
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 Invalid merely by reason of the existence of any vacancy therein If any defect in the appointment nomination of any of its members.
MEETING OF THE SOCIETY
12. (I) The society shall meet whenever the Chairman thinks fit, provided that the chairman 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 every year as required under the societies Registration Act, 1860.
(ii) For every meeting of the society fifteen days notice shall be given Provide that the chairman may for reasons to be recorded, call a Special meeting on such notice as he may deem fit.
(iii) Four members of the society including any representative authorized under Rule shall constitute a quorum at any meeting.
(iv) In case of difference of opinion amongst the Members, the opinion of the majority shall prevail provided that in the event of disagreement by the Central Government representative representing Ministry of Finance on any financial matter. The same would be referred to the Ministry of Tourism & civil Aviation and the Finance Minister 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 on 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 the meetings 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 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 as if such resolution had been passed at a meeting of the society; provided that at least four members of the society have recorded their views on the resolution.
BOARD OF GOVERNORS COMPOSITIONPOWERS, MEETINGS ETC.
13. The general superintendence, direction and control of the affairsof the society and its income and property shall be vested in the hereinafter 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 expert on catering Technology nominated by the Central Government and the Principal of the Institute of Hotel Management, Catering Technology & Applied Nutrition, Lucknow be unable to attend a meeting of the Board, he may appoint an authorized representative as a proxy to take his place at the meeting of the board including the right to vote for that meeting only.
16. The board shall function, notwithstanding any vacancy therein and notwithstanding defect in the appointment or nomination any of its members, and no act or proceeding of the board shall be invalid merely by reason of the existence of any vacancy therein or of any defect in the appointment or nomination of any of its members.
17. (i) Within the broad framework of policy laid down by the Central Government or instructions/orders issued by them from time to time the board may frame/amend their byelaws to provide for all or any of the following matters :-
(a) the formation of Departments 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 fellowships, scholarships, exhibitions, loans, prizes and medals.
(d) the creation and classification of posts, the method of appointment and determination of the terms and conditions of service of teaching and other staff of the Institute subject to prior approval of the Central Government in all such matters.
(e) the constitution of 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 hostels;
(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, by 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, by 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 the 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.
18. (i) Ordinarily, the board shall meet once in every six months and fifteen days `notice shall be given of each such meeting and a copy of the proceedings of such meeting shall be furnished to the central 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 disagreement by the central government representative representing Ministry of Finance on any financial matter, the same would be referred to the Minister for Tourism & Civil Aviation ad the Finance Minister 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 be determined by the Board, the chairman or member presiding shall have an addition 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 member presenting preside on the occasion.
(vi) Any business which it may be necessary for the Board to perform, except such as may placed before its meetings, be carried out by circulation among all its members in India and any resolution so circulated and approved by a majority of members signing shall be as effectual an binding as if resolution had been passed at meeting of the Board, PROVIDED at least five members of the Board have recorded their view on the resolution.
EXECUTIVE COMMITTEECP,[PSOTOPM, POWERS, MEETINGS ETC.
(i) Out of the members of the Board of Governors the following shall constitute and executive committee.
(a) The Director of Technical Education, or if there be such person officer is for the time being the administrative head of the department which is in charge of technical education, whether in addition to functions or otherwise.
(b) Two of the representatives of the central government to be Specified by the central government; one of the representatives to be specified as convenor of the executive committee.
(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, Subject to the general superintendence, direction and control of the board.
21. The Executive committee shall exercise all or any of the powers and functions of the Board of Governors, subject to the general suprintendence, 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 proceedings of the Executive committee shall be invalid merely by reason of the existence of any vacancy therein or of any defect in the appointment or nomination of any of its members.
23.(i) 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, copy of the proceedings of a meeting shall be furnished to Board of Governors and to the Central Government as soon as possible after the meeting that the convenor, 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 a Member elected to preside that meeting. If there is a difference of opinion with regard to the Chairman, the meeting be presided over by the convenor of the Executive committee on his absence by one of the representatives of the central Government.
(iii) Three members of the Executive committee present in person constitute a quorum at any member of the committee.
(iv) In case of difference of opinion amongst the Members, the opinion the majority shall prevail provided that in the event of disagreement by the central Government representative representing Ministry of Finance any financial matter, the same would be referred to the Ministry for Tourism & civil Aviation the Finance Minister for a decision.
(v) Each member of the Executive committee including the chairman elected for the meeting shall one vote, and if shall e an equality of votes on any query 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 necessary for the Executive committee to perform, except such as may be placed before its meetings, may be carried out by circulation among all its members in India and any resolution 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; PROVIDED that at least three members of the committee have recorded their views on the resolution.
PRINCIPAL
24. (i) The board shall, with the prior approval of the central Government appoint the principal of the Institute.
(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 instructions and the maintenance of discipline. All other staff of the Institute shall be subordinate to the Principal.
(iii) The Principal shall be the custodian of records, 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 committees of the society or the Board. He shall discharge all functions of the secretary as provided in the societies, Registration Act.
(v) The Principal shall have such powers and shall perform such duties as may be delegated to by the Board.
(vii) In the event of the occurrence any vacancy in the office of the Principal or if the Principal unable to discharge his function owing to absence, illness or other cause, it shall be open and Board to authorize any person exercise such powers, function and duties of the Principal as the Board may deem fit.
ACCOUNTS, AUDIT & REPORTS.
25. Within six months of the closing of the previous financial year the Society shall submit to the Central Government for approvalBudget Estimates for the ensuing year, alongwith a report on the working 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 submitted in accordance with such directions as the central Government issue in this respect.
SOCIETY TO BE SUED IN THE NAME OF THE SECRETARY.
26. For the purpose of Section 6 of the Societies Registration Act , 1860 (XXI 1860), the person in whose name the society may sue or be sued shall be Secretary of the society.
27. All contracts for and on behalf of the society shall be executed by the Principal of the Institute if the value of the contract is Rs. 10,000 or less ,and by the principal of the Institutes and the convenor of the Executive Committee if the value of the contract exceeds Rs. 10,000/-. The Board may also authorize any person to enter into contacts on behalf of the society subject to such restrictions and conditions as the Board may impose.
ALTERATION ETC. OF PURPOSES & OF RULES
28. (I) Subject to the prior approval of the central 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 Government at any time by a resolution passed by a majority of two-thirds of the members present at any meeting of the society Which shall have been duly convened for the purpose.
29. The Society may be dissolved in accordance with the provisions Of sections 13 and 14 of the societies Registration \act (21 of 1860) after obtaining the previous consent of the Central 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 previsions of section 14 of the Act shall be disposed off as the central Government may determine.