CONSTITUTION OF SBRA
Final version as approved by Dr.
Kripa Shanker on
2.1.1 The MSWC shall consist of DOSA/Warden-in-charge who shall be ex-officio member and the following members:
(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.
3.1.1 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
188.8.131.52 The Convenor MSWC shall initiate the process of election by appointing two election officers in MSWC meeting in the first week of February.
184.108.40.206 Election Officers shall be the senior most residents willing to perform the duty of Election Officer.
220.127.116.11 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.
18.104.22.168 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
22.214.171.124 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.
126.96.36.199 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.
188.8.131.52 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.
184.108.40.206 Candidate or his representative shall be allowed to be present at the time of polling and counting of votes.
220.127.116.11 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.
18.104.22.168 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.
22.214.171.124 Identification of invalid votes is part of the counting procedure and shall be done afresh before a recount.
126.96.36.199 All the registered students residing in SBRA shall have one vote each for electing the representatives.
188.8.131.52 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:
GBM can be requisitioned by any of the following:
(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.
184.108.40.206 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.
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.
220.127.116.11 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.
18.104.22.168 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:
MSWC meeting shall be held within a week of the date of handing over to a newly
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:
22.214.171.124 No Confidence Motion(s) against any member(s) of the MSWC may be passed in a GBM or referendum.
126.96.36.199 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:
188.8.131.52 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.
184.108.40.206 The agenda for this GBM shall include the entire text of the amendment proposal.
220.127.116.11 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.
18.104.22.168 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.
22.214.171.124 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.
a) Responsible for overall functioning of MSWC.
126.96.36.199) 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.
188.8.131.52 Games and Cultural Secy.
a) Organising games and cultural activities for residents.
b) Organising at least one get-together of residents every six months.
184.108.40.206 Garden Secy.
a) Maintaining the Garden/Park neat and clean.
b) Supervising gardener provided by horticulture department of the institute.
Maintenance Secy. (Civil)
a) COMMON Civil Maintenance problems of SBRA.
b) Maintaining common area neat and clean.
220.127.116.11 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:
(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
18.104.22.168 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.
22.214.171.124 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.
126.96.36.199 He/She leaves/completes the programme.
188.8.131.52 He/She accepts employment inside or outside the Institute other than that for supporting his/her study as decided by the Institute.
184.108.40.206 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
220.127.116.11 He/She shall abide by the MSWC rules as applicable from time to time.
18.104.22.168 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 22.214.171.124 and 126.96.36.199, within a period of thirty days. Whereas in event of termination of allotment vide sub-clause 188.8.131.52, 184.108.40.206, 220.127.116.11, 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.