THE BHARAT SCOUTS & GUIDES, NATIONAL HEADQUARTERS,
LAKSHMI MAZUMDAR BHAWAN, 16, MAHATMA GANDHI MARG, I.P.ESTATE, NEW DELHI-110002
CIRCULAR NO. 87 /2010 DATED- 20/07/2010
To
All the State Secretaries,
State Associations of
The Bharat Scouts & Guides
INDIAN UNION
SUB: AMENDMENT IN STATE
BYE-LAWS
Dear Sir/ Madam,
Instances have come to the notice of National Headquarters that some State Associations of Bharat Scouts and Guides have not been strictly following the rules and procedures as prescribed in the Rules of Bharat Scouts and Guides with regard to the amendments of Bye-laws of their State Association or framing new bye-laws.
In one instance, it has been observed that a proposal containing provisions contrary to the Rules of the National Association of Bharat Scouts and Guides was got approved in the State Executive Committee, and approval of State Council was also obtained by calling a special meeting whereas, the State should have sent the proposal first to the National Headquarters for consideration of the Rules Committee and National Executive Committee. Bye-laws of a State Association can not contain provision which run counter to the substantive provisions contained in the Rules of the National Association. If the National Executive Committee and the National Council agree to amend the Rules of the National Association after considering a proposal to that effect for one or more State Association, then only the state can frame or amend their bye-laws with regard to these specific provisions.
In this connection, the attention is invited to Rule 47(2)(d) of Rules Book of Bharat Scouts & Guides, National Headquarters which inter alia States that the State will “ subject to the approval of the National Commissioner….lay down the Bye-laws of State Association….. make additions, deletion, amendments and alterations there to”. It is clear from this rule that no proposal for amendment can be put before State Council until the approval of National Commissioner has been obtained.
It should be understood clearly by the State Associations that any new bye-law/ amendment in existing bye-laws which is inconsistent with the Rules of National Association will be null and void ab initio and bringing those proposals before the State Council without referring them to the National Headquarters for amendment in Rules of the National Association will be an exercise in futility resulting in unnecessary expenditure.
It is therefore requested that all the proposals for new bye-laws or amendment to existing bye-laws should always be referred to the National Commissioner before placing them before the State Council for approval.
Thanking you,
Yours sincerely,
(B.K.BAHUGUNA)
DIRECTOR
Copies communicated
for kind information to:
1. All the State Chief Commissioners, Bharat Scouts and Guides- Indian Union
2. All Office Bearers of the Bharat Scouts & Guides, NHQ.