CONSTITUTION OF SBRA
Final version as approved by Dr.
Kripa Shanker on
DECLARATION
CHAPTER 1-
GENERAL PROGRAMME
CHAPTER 2 -STRUCTURE
CHAPTER 3 -
ELECTIONS, NOMINATIONS AND REMOVAL FROM
OFFICE
CHAPTER 4 -
FUNCTIONING
CHAPTER 5 -
OFFICIAL
DOCUMENTS
CHAPTER 6 -
FINANCE
CHAPTER 7 -
ALLOTMENT RULES
2.1 MSWC
2.1.1 The MSWC shall consist of DOSA/Warden-in-charge
who shall be ex-officio member and the following members:
(1) Convenor
(2) Accounts Secy.
(3) Garden Secy.
(4) Sports and Cultural Secy.
(5) Maintenance Secy. (Civil)
(6) Maintenance Secy. (Electrical)
2.1.2- All MSWC members shall be registered student residents of SBRA and shall
be elected representatives.
2.1.3- While Convenor shall be elected by the
general body of SBRA all other members of MSWC shall be block representatives
elected by residents of twin block of 12 houses each (e.g. A-B, C-D ..). Each
block representative shall hold a post in MSWC which shall be decided in the
first sitting of new MSWC.
2.1.4- MSWC at its discretion, constitute and empower Special Committees for
specific short term activities. These committees shall consist of SBRA residents
and may be of any size.
3. ELECTIONS, NOMINATIONS AND REMOVAL FROM OFFICE
3.1 MSWC
3.1.1 Elections to the MSWC shall be normally held once
every year in the month of February. Under exceptional circumstances, elections
can be postponed for a maximum period of one month.
3.1.2 The elections to the MSWC shall consist of one poll for each post.
3.1.3 All candidates should be resident and must be expected to be resident for
the entire term of the office.
3.1.4 Nominations of Candidates
3.1.4.1 The Convenor MSWC shall initiate the process
of election by appointing two election officers in MSWC meeting in the first
week of February.
3.1.4.2 Election Officers shall be the senior most residents willing to perform
the duty of Election Officer.
3.1.4.3 Once MSWC passes a resolution calling for elections, the
Convenor MSWC shall post a notice calling for
nominations. Seven days shall be allowed for filing of nominations.
3.1.4.4 Nominations shall be on a standard form and shall include date of
nomination, the name, roll number, the house number of candidate, and the
signature of the candidate. The filled nomination form shall be submitted to the
Election Officer.
3.1.5
Voting Procedure and Declaration of Results
3.1.5.1 The detailed procedure regarding the
elections shall be diplayed on the notice board by
the election officer at least 4 days before the date of election.
3.1.5.2 Proxy voting shall start two days before the actual voting starts. Proxy
voting shall be allowed for residents who are on official leave. The proxy votes
shall be handed over to the election officer in a sealed envelope. After
receiving the envelope, the election officers shall strike off the voters name
from the voters list. These sealed envelopes shall be opened by the election
officers at the time of counting.
3.1.5.3 All the ballot papers should have a serial number on them. Sealing of
ballot boxes, polling and counting of votes shall be done in presence of
election officers.
3.1.5.4 Candidate or his representative shall be allowed to be present at the
time of polling and counting of votes.
3.1.5.5 Used ballot papers shall be preserved by the election officers for a
period of at least two days from the date of polling. All unused ballot papers
shall be destroyed immediately after the polling is over.
3.1.5.6 At most one recount may be held per post. All candidates desiring
recounts must submit a request in writing to this effect to the election officer
within 24 hours of the announcement of the results of the first count. Procedure
of recounting shall be the same as that for the first count. Sufficient notice
shall be given to all affected candidates.
3.1.5.7 Identification of invalid votes is part of the counting procedure and
shall be done afresh before a recount.
3.1.5.8 All the registered students residing in SBRA shall have one vote each
for electing the representatives.
3.1.5.9 The polling procedure:
Election officers shall
(1) Distribute the ballot papers to all voters.
(2) Collect the ballot papers in the sealed ballot box.
3.2
Bye-Elections and Nominations
3.2.1 A post in MSWC shall be said to have fallen vacant in the following case:
(a) If no nomination for that post is received during a regular election, then
the post shall be said to have fallen vacant on the date of handing over to new
MSWC.
(b) If a person holding MSWC post submits his resignation in writing to
Convenor MSWC, the post shall be considered vacant
as of the date on which the resignation is submitted.
(c) If a no confidence motion (as per clause 4.1.3) against a particular member
of MSWC is upheld in a referendum (as per clause 4.1.5 ),
the post shall be said to have fallen vacant as of the date of this resolution.
3.2.2 In case a post falls vacant, MSWC will have the right to appoint any
resident to the vacant post. Such a resident will be at par with all other MSWC
members. Block representative post should be filled by a resident of that block
only.
3.3
Handing Over Of Charge
3.3.1 Charge to the new executives shall be handed over formally in joint
meeting of incoming and outgoing MSWC.
3.3.2 The joint meeting shall be convened by the convenor
of the outgoing MSWC within a week of final declaration of election results.
3.3.3 In the above mentioned joint meeting, all the outgoing MSWC members shall
present one page report regarding their tenure. These shall be preserved in the
official documents.
3.4 Acting in Absentia: If a member of MSWC is going to be absent from the SBRA
for a period of more than 72 hours at a stretch, he shall appoint another
resident to officiate during his absence. Prior notification in this regard
shall be given to the general body, the officiating resident and the
Convenor MSWC. In absence of
Convenor any member of MSWC shall be the acting
convenor.
4.1 GENERAL BODY MEETINGS (GBM) AND REFERENDUMS
4.1.1 Convening and conducting a GBM:
4.1.1.1 A
GBM can be requisitioned by any of the following:
(1) DOSA/Warden-in-charge
(2) Majority of MSWC members
(3) A group of at least one-third of the total strength of registered students
residing in SBRA.
The requisition must be submitted in writing to the
Convenor MSWC, with signatures attached.
4.1.1.2 Each GBM shall require a prior notice of at least 24 hours to the
General Body and this notice shall include the agenda specified by the
requisitioning party along with any other items.
4.1.1.3
Prior notice of at least 24 hours for a GBM shall be given to the
DOSA/Warden-in-charge. A GBM shall not be delayed more than 72 hours under any
circumstances. All decisions taken at a GBM shall be official and binding as
long as they are within the Institute rules and requirements. If
Convenor MSWC fails to call the GBM within 72 hours
then the requisitioning party can call the GBM. Any resolution passed at such a
meeting shall be official and binding.
4.1.1.4 The Convenor or his nominee shall convene
and chair all GBMs. If the
Convenor MSWC is unable to do so, any one of the following as decided by
the requisitioning party.
(1) Any member of MSWC.
(2) Any resident nominated by the requisitioning party. The quorum for a GBM
shall be one-half of the total strength of registered students residing in SBRA.
No resolution can be passed except when a quorum is present. But the
requisitioning party may seek a referendum within 24 hours.
4.1.1.5 The Convenor of a GBM shall report in
writing to the General Body, the proceedings of the GBM. This report shall be
preserved in the annual record.
4.1.2
Budget Approvals:
A special
MSWC meeting shall be held within a week of the date of handing over to a newly
elected MSWC.
At this meeting the convenor shall present the
budget proposal for the year. The representatives present shall comment on,
recomend,
modify and/or redraft this proposal with majority decision. It shall be the
privilege of the MSWC to pass the budget for the year. No money may be drawn by
any executive until the Budget is passed.
4.1.3 No
Confidence Motions:
4.1.3.1 No Confidence Motion(s) against any member(s) of the MSWC may be passed
in a GBM or referendum.
4.1.3.2 When a GBM passes a No Confidence Motion against a member, it shall
amount to the requisitioning of an official No Confidence referendum with the
same text as the No Confidence Resolution passed by the GBM. The No Confidence
motion shall have effect only if it is upheld in this referendum. This effect
shall be to dismiss the concerned member from the office effective from the date
of declaration of the referndum results.
4.1.4
Constitutional Amendments:
4.1.4.1 Amendments to any clause(s) in the Constitution or addition/ deletion of
a clause in the Constitution may be proposed in writing by any resident to the
Convenor. Along with the proposal, the
proposer shall submit a requisition for a GBM as per
clause 4.1.1.
4.1.4.2 The agenda for this GBM shall include the entire text of the amendment
proposal.
4.1.4.3 The purpose of the GBM shall be to discuss, debate, (Possibly) amend,
and either forward or reject the amendment proposal to the referendum stage.
This decision shall be made by simple majority. The
convenor of the GBM shall put up a detailed report of the proceedings on
the notice board.
4.1.4.4 The amendment proposal shall be considered passed if at least two-third
of the strength of SBRA vote 'yes' in the referendum.
The amended constitution shall be preserved as permanent record.
4.1.5 Referendums:
4.1.5.1 If the GBM forwards a proposal to the referendum stage, the senior most
resident shall be appointed by MSWC/General Body to conduct the referendum
through secret ballot within 48 hours and decision for referendum shall be
conveyed to DOSA/Warden-in-charge. The notification shall include full text of
the proposal and the result of the referndum shall
be declared within 24 hours. Secret ballot shall be in yes/no form only.
4.2 MSWC MEETINGS:
4.2.1 Requisitioning MSWC Meetings:
An MSWC meeting can be requisitioned by any of the following:
(1)Convenor or majority of the members of MSWC or
DOSA/Warden-in-charge. The requisition must be submitted in writing to the
Convenor with signatures attached. MSWC meetings
shall be held as and when required, but at least once in four weeks. (2)All
decisions shall be taken by simple majority of MSWC members present. In case of
equal votes, the vote of Convenor will hold.
Residents can request in writing, for attending MSWC meeting. It will be at the
descretion of Convenor
to oblige.
4.2.2
Finalizing the Agenda:
The first item on the agenda shall be the ratification of the minutes of the
previous meeting and the immediately next item shall be that specified by the
requisitiong party. It shall be mandatory on the
part of the Convenor to include an item in the
agenda if it is specifically requested by an MSWC member. The items other than
the first two items may be reordered at the beginning of the meeting by simple
majority.
4.2.3 The DOSA/Warden-in-charge shall be the ex-officio Chairman of the MSWC. If
DOSA/Warden-in-charge is absent, the Convenor shall
be the Chairman of the MSWC.
4.2.4
Note of Dissent:
All decisions shall normally be taken by simple majority. However, any member
may make his dissent known in that meeting itself and
may give the same in writing to the Convenor within
24 hours of the close of the meeting. A Note of dissent shall necessarily be
included as it is in the minutes of that meeting.
4.2.7
Minutes of MSWC Meeting:
The draft minutes shall consist of a list of the members present, the actual
agenda, a summary of the proceedings, all decisions quoted in full and all notes
of dissent. These draft minutes shall be prepared, dated and signed by the
Convenor. The General Body shall be informed about
all the decisions related to public interest within seven days by putting up a
copy of these draft minutes as a notice on the notice board.
4.2.8
Implementation of MSWC Decisions:
The MSWC shall be responsible for implementing all the decisions taken in MSWC
meetings.
4.2.9
Functions of each representative.
Members MSWC will have to perform the following functions along with any other
mentioned anywhere else in the constitution.
4.2.9.1) Convenor
a) Responsible for overall functioning of MSWC.
4.2.9.2) Accounts Secy.
a) Maintenance of Accounts.
b) Verification of bills/payments.
c) To display updated status of Accounts every three months on SBRA notice
board.
4.2.9.3 Games and Cultural Secy.
a) Organising games and cultural activities for
residents.
b) Organising at least one get-together of residents
every six months.
4.2.9.4 Garden Secy.
a) Maintaining the Garden/Park neat and clean.
b) Supervising gardener provided by horticulture department of the institute.
4.2.9.5
Maintenance Secy. (Civil)
a) COMMON Civil Maintenance problems of SBRA.
b) Maintaining common area neat and clean.
4.2.9.6 Maintenance Secy. (Electrical)
a) COMMON Electrical maintenance problems. e.g.
Lights in SBRA/Park
b) Pursuing regular billing of Electricity meters.
c) Maintenance of any other common facilities like water-cooler, telephone etc.
5. OFFICIAL DOCUMENTS
5.1 Types of Record:
5.1.1 All the documents involved in Official MSWC Functioning shall be
categorized into two types of record namely, the Permanent Record and the Annual
Record.
5.1.2 The permanent Record shall consist of the following:
(a) Constitution
(b) Constitutional Amendments
(c) All standing institute rules (including HMC and COW resolutions)
5.1.3 The annual record shall consist of the following:
(a) GBM Resolutions
(b) Text and Results of Referendums
(c) All other documents of MSWC functioning
(d) Notices and Minutes of all meetings
(e) All bills and vouchers submitted to the MSWC for payment.
(f) Complete Audit report.
5.2
Maintenance of Records:
5.2.1 The overall responsibility for the maintenance, updating integrity and
availability of all records shall rest with the DOSA/Warden-in-charge.
DOSA/Warden-in-charge may assign the Office suprindent
or MSWC to hold and preserve some or all of these documents on his behalf.
5.3
Finance Related Documents:
5.3.1 The Finance related documents shall include the following:
(a) All budgets as approved by the general body.
(b) All contracts entered into by MSWC.
(c) All pass books and cheque books.
(d) Account ledger.
(e) All bills and vouchers, submitted to the MSWC for payment.
(f) All SBRA dues list.
(g) Complete audit report of the preceeding
financial year.
5.3.2 All bills and vouchers submitted to the MSWC shall include each of the
following details: date, item, rate,quantity,
total amount of charge, actual amount payed and
signature of supplier. Whereever possible printed
vouchers with serial numbers should be obtained.
5.4
Availability of Record:
All permanent records shall be available to all General Body Members without
restriction.
6.1 Monetary transactions, Accounts and Audit:
6.1.1 MSWC shall be responsible for the overall functioning of the SBRA. The
MSWC shall keep a check on the general financial administration.
6.1.2 All payments made to the MSWC shall be deposited into the Branch of SBI at
IIT Kanpur in a separate account to be opened in the name of IIT-K MSWC ACCOUNT
to be jointly operated by Account Secy and
Convenor MSWC on either or basis. All payments made
by the MSWC shall be through cheque drawn on this account.
6.1.3 All records of receipts and cheque issue register stating the amount
credited into/debited from the bank account must be
checked/verified by Accounts Secy.
6.1.4 Payment for any bill will be made only after the same has been verified
for payment by Accounts Secy. It is the responsibility of MSWC to rectify
Accounting errors found, if any.
6.1.5 The MSWC shall set up norms for payment of nominal honorarium to any
person for specific activities.
6.1.6 The Convenor MSWC shall ensure that all
accounts of the SBRA are audited every year internally and displayed on the
notice board at the time of announcing of election date.
6.1.7 The MSWC shall maintain systematic accounts of the finances.
6.1.8 The Account Secy can keep an impress of
upto Rs. 500/- for day
to day running of MSWC.
6.2 MSWC Budget:
6.2.1 The funds available for the MSWC budget shall comprise of:
(a) Monthly Establishment charge as decided by the General Body every year,
shall be collected from each resident for three months in advance. The Account
Secy shall display the list of dues every three
months, requiring the residents to pay their dues by certain date. Residents are
required to pay their dues to the respective block representative, on or before
the due date. If a resident fails to pay his dues in time, for two consecutive
turns, then a fine equivalent to one month of establishment charge shall be
levied upon him. DOSA Office shall give No dues to a resident residing in SBRA
only after the same has been given by Convenor MSWC.
(b) Left over amount if any, from the previous year budget.
(c) Surplus generated by any other activity organised
by the MSWC.
(d) Contributions as and when made by the Institute.
7.1 Entitlement of SBRA Allotment:
Applicant must satisfy the following requirements:
7.1.1 A married student and be in a genuine need of a family
accmmodation. The word family shall be interpreted
as spouse and/or dependent children, everywhere in the context of SBRA rules.
7.1.2 Registered for a regular degree programme of
the institute.
7.1.3 His/her full-time residency requirement is authorised
by the Institute and this entitlement is accordingly restricted to the period of
the authorised full-time residency.
7.2
Allotment of SBRA:
7.2.1 Aspirant shall apply for SBRA to Dean of Students' Affairs in the
prescribed proforma available in DOSA Office. A
photo- copy of this application should be given to Convenor
MSWC.This application must be forwarded by the
respective Head of Department. These applications shall be processed on `First
Come First Serve' basis. A register shall be maintained in DOSA office for this
purpose. However in a special case as mentioned in 7.2.5, the first come first
serve principle may not be followed.
7.2.2 The applicant can have an option only when more than one
apartments are vacant. Otherwise, he/she has to take
the apartment available at that time.
7.2.3 If for any reason the applicant is not willing to take the apartment,
he/she would lose the seniority and his/her name at his/her request will be
moved to the last placed in the waiting list at that time. If this happens twice
then the name of the applicant will automatically be removed from the waiting
list.
7.2.4 Convenor, MSWC at the time of recommendation
for allotment shall ask the applicant to meet him on taking over the charge of
the apartment.
7.2.5 For the students applying between the first day
of academic registration till the last day of registration in a semester the
guidelines given in clause 7.2.6 will overrule the first come first serve
principle.
7.2.6 Guidelines for setting priority when First come
first serve rule is overruled under clause 7.2.5. The following point system
should be used.
(a) A mother student with dependent child or a widower/divorcee student with
dependent child - 10 pts.
(b) A student with one/more dependent child who has to be admitted to school
(class one and above), hence time for school admission becoming important -
6pts.
(c) Distance of the permanent address in academic records from IIT Kanpur Campus
(hence cannot visit family off and on).
For distance between
500 km and 1000 km - 1pt
1000 km and 2000 km - 2pt
2000 km and 3000 km - 3pt
3000 km and above - 4pt
(d) A parent with a child who is not school going - 1pt
(e) It is likely that after allotment of points, more than one student will be
having same number of points. Their mutual position should be decided by lot
only.
7.2.7 If a student going on semester leave or for some other reason vacates the
apartment on his own then he shall be given the apartment on first priority as
and when he applies again for an apartment.
7.3
Termination of Allotment:
7.3.1 Unauthorised use: SBRA allotment is in essence
due and made only to married students in genuine need of family
accomodation. Incubent
shall therefore, be an authorised user of SBRA and
is liable for termination of its allotment, if
7.3.1.1 He/She fails to bring his/her family within 45 days from the day on
which Convenor MSWC issues the
reccomendation letter for allotment of quarter.
7.3.1.2 He/She allows occupation of the alloted
apartment to any unauthorised person or does any
subletting or any other kind of misuse. This shall in addition make the
incubent liable for disciplinary action by the
Institute.
7.3.1.3 He/She leaves/completes the programme.
7.3.1.4 He/She accepts employment inside or outside the Institute other than
that for supporting his/her study as decided by the Institute.
7.3.1.5 The Institute does not authorise his/her
residency status in any context.
7.3.2 Incubents are expected to maintain a
conducive environment for learning, maintain cordial
community spirit and exhibit high standard of morals. However, non-compliance of
obligations shall amount to termination of SBRA allotment. These are
7.3.2.1 He/She shall abide by the MSWC rules as applicable from time to time.
7.3.2.2 He/She shall not misrepresent, misinterpret and conceal any material
fact from DOSA/MSWC.
7.3.3 Incubents are expected to keep their family
for 75% of the duration of their stay in SBRA. If due to Medical reason a
resident's family is going away for more than three months, the student should
submit a medical certificate giving the reason. MSWC should take lenient
approach for such cases in general, but if the requirement for SBRA apartment
for any such residenct is found
ingenuine, Convenor MSWC should immediately
reccomend termination order.
7.4
Implementation of vacation notice:
7.4.1 He/She must vacate the apartment on receipt of the termination notice of
allotment vide sub-clause 7.3.1.3 and 7.3.1.4, within a period of thirty days.
Whereas in event of termination of allotment vide sub-clause 7.3.1.1, 7.3.1.2,
7.3.1.5, 7.3.2 and 7.3.3, the apartment must be vacated within seven days.
7.4.2 In the event when the apartment is not vacated within the prescribed time,
a fine as per the institute rules shall be recovered for the whole period of
stay beyond for which initially permitted, besides any other action, that might
be taken by the Institute.
7.4.3 The occupant shall inform the Convener, in writing, when he/she plans to
vacate the apartment, owing to any reason, in advance and on vacating the
quarter he/she shall take clearance from DOSA and Convener MSWC for its dues
etc., if any.
7.5
Procedure for allotment of SBRA apartment:
7.5.1 When a resident informs the Convenor MSWC
about vacating the apartment, the Convenor MSWC
should inform the seniormost applicant in the
priority list within one week.
7.5.2 Applicant has to fill up the form available with the
Convenor.
7.5.3 The applicant can have options only when more than one
apartments are vacant. Otherwise, he has to take the apartment available
at that instant.
7.5.4 Allotment letter will be issued by DOSA office.
7.5.5 The allotee has to inform the
Convenor MSWC in writing about his
occupance of the apartment.
7.6
Appeal and redressal of grievances:
Residents and also the potential applicants of SBRA shall have access to
Convenor, MSWC for all matters concerning issues of
allotment, termination of allotment and disputes. DOSA shall be the
administrative authority and shall normally act as per the recommendation of
MSWC.
7.7
Relaxation of rules:
Director, IIT Kanpur on the recommendation of DOSA or otherwise may relax any of
the above rules, which he deems fit.
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