IN HIS NAME,
THE MOST MERCIFUL, THE MOST BENEFICENT
THE CONSTITUTION
OF
THE FEDERATION OF
KHOJA SHIA ITHNA ASHERI
JAMAATS OF
As
amended and adopted by the Extra-Ordinary Conference held in Dar-es-Salaam on 8-9 April
1993
and effective from
and
As
amended and adopted by the 20th Triennial Conference held in Dar-es-Salaam on
and effective from the same date;
and
As
amended and adopted by the Extra-Ordinary Conference held in
and effective from the same date.
TITLE:
1.
There
is hereby established a Federation to be named and styled as ‘THE FEDERATION OF KHOJA
SHIA ITHNA-ASHERI JAMAATS OF AFRICA’ hereinafter referred to as "THE
FEDERATION".
2.
a.
Any
Jamaat of Khoja Shia Ithna-Asheries established and functioning in any part of Africa and the
Indian Ocean Islands shall be eligible to a membership of the Federation SAVE THAT Jamaats
from the Indian Ocean Islands shall be deemed to have membership to the Federation by
virtue of the membership of the Regional Council of the Khoja Shia Ithna-Asheri Jamaats of
the Indian Ocean Islands (hereinafter referred as the “Regional Council”).
b.
For
the purpose of Article 2 (a) an Ithna-Asheri Community of Khojas comprising of at least 25
members within the boundary limits of a village, settlement, town, municipality or city
and organised under a constitution shall be deemed to constitute a Jamaat and such Jamaats
on becoming a member of the Federation as
described in 2 (a) above shall
be called a "Constituent Jamaat". Members of all Constituent Jamaats shall be
collectively referred to as "the Community".
For
avoidance of doubt, where the context so admits, the term “Jamaat” and /or
“Constituent Jamaat” shall include the Regional Council.
AIMS
AND OBJECTS:
3.
The
aims and objects of the Federation shall be:
a.
To
uplift the Community in religious and educational spheres.
b.
To co-ordinate and unify
the customs, conventions and observances of the Community in
c.
To create, cultivate and
maintain goodwill amongst all its members and to settle any differences or disputes of any
nature whatsoever in the Community or between any two Constituent Jamaats or between two
or more persons of the Community.
d.
To encourage amity and
mutual understanding within the Community; and with other communities within the limits of
Sharia.
e.
To establish, encourage,
sponsor, endow or otherwise assist in the formation or maintenance of educational
institutions (religious or secular) schools or boarding houses, colleges, universities,
nursing homes, health centres and dispensaries and to formulate schemes for the vocational
training and for educational studies.
f.
To safeguard the
religious, moral and educational interests of the Community and in case of need to make
representations to the Governments and/or other competent authorities.
g.
To accept an association,
merger or membership of any Islamic Organization with similar aims and objects, for the
purpose of attaining coordination or full unification.
h.
To propagate and assist
in the propagation of the Shia Ithna-Asheri Faith of Islam through Tabligh, publication,
missionary services and otherwise.
i.
To accept or obtain
possession or control for management, use, occupation or custody of the properties and
other assets as its Trustees of any Jamaat which is or was a member of the Federation
where such a Jamaat fails or has failed to function. The properties shall include also
buildings or other investments deriving or intended to derive income for the Jamaat.
j.
To undertake or assist
within the limits of Sharia in all such activities as are of benefit to Shia
Ithna-Asheries in general.
POWERS
OF THE FEDERATION:
4.
The
action of the Federation shall be effected through the instrumentality of a Conference and
of Supreme Council with a permanent Secretariat.
a.
The
Federation shall have power at its Conference:
i. To make rules, regulations and
bye-laws which shall be binding upon all the Constituent Jamaats severally and
collectively. It shall not however make such rules, regulations and bye-laws as are
repugnant to the Shia Ithna-Asheri Sharia of Islam.
ii. To create, receive, raise and
invest funds, and to buy, sel1, build and own properties in furtherance of the said aims
and objects.
iii. To affi1iate and/or become
a member of any institution or institutions established and managed under a constitution
by and for predominantly Khoja Shia Ithna-Asheri Community in or outside Africa and
the Indian Ocean Islands and
whose aims/objects are consistent with or complimentary or conducive to those of the
Federation PROVIDED THAT such an affiliation and/or membership are approved at a meeting
of a Conference or in the event of any urgency at a meeting of the Supreme Council subject
however to subsequent approval by the ensuing Conference.
b.
The
Federation shall have power to enforce its decisions, rules, regulations and bye-laws on
all Constituent Jamaats and through them on their respective individual members and to
reprimand any Constituent Jamaat or suspend any of its services or withdraw any of its
facilities from any Constituent Jamaat or take such other action as the Federation may
deem fit for any act of omission or commission by a Constituent Jamaat in contravention of
the said decisions, rules, regulations or bye-laws.
6.
a.
Each
Constituent Jamaat shall be entitled to elect one delegate for every 100 persons of total
population of its Jamaat to represent that Jamaat in the Conference (a number less than
one hundred shall be deemed for the purpose of this article to be one hundred persons). Such delegates shall be elected at the general
meeting of the Constituent Jamaats and the delegates so elected and present in the
Conference shall represent their Constituent Jamaats at the Conference and shall
constitute the voting strength of that particular Jamaat.
PROVIDED
THAT the Chairman of a Constituent Jamaat shall have power to appoint a substitute in
the place of a delegate of his Jamaat who is unable to attend the Conference and in either
case such a substitute shall have all the privileges enjoyed by a delegate.
b.
Article
6 (a) shall apply in similar terms to the selection of delegates from the Regional Council
whose delegates shall represent the Regional Council as a whole.
7.
At
least 75 days prior to the holding of an Ordinary Conference and at least 45 days prior to
the holding of an extra-ordinary conference the Honorary Secretary shall give notice to
the Constituent Jamaats of the date and place as also of the agenda of the business set
for the Conference provided that no meeting of the Conference shall be deemed to be
irregular by reason only of non-receipt or late receipt of such notice by a member.
8.
An
Extra-Ordinary Conference may either be called at the discretion of the Chairman or shall
be called upon receipt by him of requisition with a notice of agendum from at least twenty
five percent of the Constituent Jamaats PROVIDED ALWAYS that in either case the provision
specified in Article 7 hereof shall be complied with.
9.
Any
Constituent Jamaat seeking to move a resolution shall give notice thereof to reach the
Secretariat, in the case of an Ordinary Conference 45 days and In the case of an Extra
Ordinary Conference 25 days prior to the date set for such Conference and the Secretariat
shall give notice to the Constituent Jamaats within seven days of receipt of such notice.
The Secretariat shall give notice to all Constituent Jamaats of any resolution sought to
be moved by the Secretariat in the case of Ordinary Conference 45 days and in the case of
an Extra Ordinary Conference 25 days prior to the date set for such Conference.
10.
A
Resolution may be submitted by the Secretariat to the Constituent Jamaats for voting of
Assent or Dissent and determined without a meeting of any Conference and if the voting in
favour is evidenced by the assenting signatures under the hands of 75 percent of the
Constituent Jamaats or more the resolution shall be as valid and effectual as a resolution
passed at a meeting of a conference PROVIDED THAT such
assenting Jamaats register a majority of the votes in terms of the number of delegates
they are entitled to under the provisions of Article 6 of the Constitution.
11.
The
retiring Chairman and office-bearers of the Federation shall attend the ensuing Conference
as delegates.
12.
A
total of thirty delegates from one-third of the number of the Constituent Jamaats and from
at least two countries shall constitute a quorum at any Conference.
The Regional Council shall be deemed to be a country for this purpose.
13.
At
least four months before the date set for An Ordinary Conference, the Honorary Secretary
shall invite all the Constituent Jamaats to nominate in writing within 45 days a candidate
for the post of Chairman for the ensuing term of three years.
Before
nominating its candidate, a Constituent Jamaat shall seek a written consent of the person
whose name is to be nominated.
In
the event of only one name being nominated, the Honorary Secretary shall declare such
nominee elected after the closing date.
In
the case of more than one candidate being nominated, all such nominations shall be
circulated by the Honorary Secretary within seven days after the closing date set for
nomination, to all the Constituent Jamaats for their postal votes.
The
Constituent Jamaats desirous of exercising their voting rights on the election of the
Chairman shall convene a general meeting for the purpose, among others if any, and notify
their votes to the Honorary Secretary at the Secretariat at least 45 days before the date
set for the Conference. Each Constituent Jamaat shall be entitled to the number of votes
equal to the number of delegates it is entitled to be represented at a Conference under
the provisions of Article 6.
The
members of the Supreme Council present at the seat of the Secretariat shall count the
votes and declare elected the candidate who received the larger numbers of votes. In the
event of two or more candidates receiving equal number of votes, the names of such
candidates shall be placed before the Conference for election PROVIDED THAT a person who
has served two full consecutive terms as the chairman shall not qualify for re-election
for the third consecutive term but may be elected thereafter.
14.
In
the event of there being no nomination of any candidate for the post of Chairman as
stipulated in Article 13 hereof, the Chairman shall be elected at the ensuing Conference,
failing which the Conference shall issue such directions as may deem fit while the
incumbent Chairman and his office-bearers shall continue with their respective offices for
further six months from the date of the Conference or until the succeeding Chairman has
been declared elected whichever is the earlier.
15.
16.
17.
The
Chairman of the Federation, or, in his absence, the Vice - Chairman at
the Secretariat
shall be the Chairman of the Conference. In the absence of both, a Chairman elected ad hoc
by the Conference shall preside.
18.
The
Chairman of the Federation may at his own discretion invite to any or all sessions of any
conference and/or of any Supreme Council such persons individually or as ex-official of
any institutions who shall be professing the Shia Ithna-Asheri faith of Islam and whose
presence and participation there-at are considered by the Chairman to be beneficial and of
interest to the Federation PROVIDED HOWEVER that such invitees may be elected to any post
if eligible but shall not be entitled to move or vote on any matter there-at.
POWERS
OF CONFERENCE:
19.
The
Conference shall subject to the laws, rules and regulations of the Federation be the
supreme and final authority over all the Constituent Jamaats, its subsidiary bodies and
its individual members and shall have power by a resolution passed by a majority of at
least 75 percent of the delegates present at the Conference to:
a.
confirm,
rescind, alter and defer its own and the decisions of the Supreme Council, Secretariat and
its Committees or Sub-Committees.
b.
amend,
alter or replace the Constitution. Any Constituent Jamaat or the Secretariat desirous of
proposing such amendments, alterations or replacements shall submit all or any of these to
the Secretariat at least 45 days before the date set for the Conference.
c.
confirm,
rescind, suspend or defer any rules, decisions or laws of any Constituent Jamaats, and
d.
draw
out procedure for conduct of the Conference, the Supreme Council and Territorial Councils,
to make rules and bye-laws and to exercise all/or any of the powers granted to Federation
in Article 4 (a) and 4 (b) above and to give such directions and make such orders as may
be consistent with aims and objects of the Federation as set out in Article 3 above.
20.
The
Conference may admit to or decline a membership of any Jamaat. It may also terminate a membership of any
Constituent Jamaat PROVIDED THAT the Federation shall not be precluded from rendering any
or all of its services normally due and available or would otherwise have become due and
available to the Community in general at a centre under the jurisdiction of such a Jamaat
if it had been a member or continued to be a member of the Federation. Such services may be rendered to the Community at
such a centre directly or indirectly through any other agencies and/or representation.
SUPREME
COUNCIL:
21.
a.
The
Federation shall be managed by a Council styled as the Khoja Shia Ithna-Asheri Supreme
Council (herein after referred to as ''The Supreme Council'') and shall comprise of the
following, subject to the provisions made in Article 16 (b) being exercised from time to
time:
i.
The
Chairman.
ii.
The
Chairman of the Regional Council
iii.
The
Two
Vice
Chairman.
iv.
The
Honorary Secretary.
v.
The
Honorary Treasurer.
vi.
Six
elected
Trustees.
vii.
Chairmen
of Constituent Jamaats including
the respective Chairmen of the member Jamaats of the Regional Council
all Ex-Officio Counci1lors.
viii.
Elected
Councillors including
Councillors elected by member Jamaats of the Regional Council
ix.
Councillors
nominated by the Chairman.
The Supreme Council shall include also the Honorary
Assistant Secretary or the Honorary Assistant Treasurer or both if or when the provisions
made in Article 16 (b) are exercised.
b.
The
Chairman of every constituent Jamaat and
member Jamaat of the Regional Council
shall by virtue of his office become and continue to be a member of the Supreme
Council while he continues to hold the office as the Chairman.
c.
i.
Each Constituent Jamaat and
member Jamaat of the Regional Council,
with a registered population of 500 persons or more prior to the commencement of every
term of the Council, shall be entitled to an additional representation by its elected
Councillors, the number of such Councillors being based on the number of completed
portions, each of 500 persons, of the said registered population.
ii.
The
Counci1lors referred to in article 21 (c) (i) herein above shall be elected at the general
meetings of the respective Constituent Jamaats or
member Jamaats of the Regional Council as the case may be,
who shall submit the names of the Councillors so elected to the Secretariat within 30 days
of the date set for the ensuing Conference.
d.
The
Chairman shall be entitled to appoint as and when deem fit by him any person as a
Councillor who shall hold the post at the pleasure of the Chairman and the term shall come
to an end with that of the Supreme Council unless it is terminated earlier PROVIDED THAT
the number of persons so appointed shall not exceed twelve.
e.
A
substitute may be appointed by the Chairman of a Constituent Jamaat or
member Jamaat of the Regional Council, as the case may be,
in the place of an elected Councillor representing his Jamaat who is unable to attend and
such substitute shall have all the rights and privileges enjoyed by an elected Councillor.
If the Chairman of a Constituent Jamaat is unable to attend he may be substituted by the
Vice-Chairman of the said Jamaat as an ex-officio member or by its Honorary Secretary if
an office of the former does not exist in the said Constituent Jamaat.
f.
The
elected members of the Supreme Council shall subject to Article 23 (c) hold the post for a
term, which is concurrent with that of the Supreme Council and until a new election is
held for the ensuing new term.
22.
a.
The
representation of the Constituent Jamaats on the Supreme Counci1 through their respective
Counci1lors notwithstanding, all Councillors shall essentially and also individually and
collectively, endeavour to protect and serve the interests of the Federation as a whole
through the functioning of the Supreme Council with due regard to the aims and objects of
the Federation.
b.
The
elected Councillors shall actively liaise with their respective Jamaats and establish and
maintain a regular communication with the Secretariat with a view to fulfilling all their
obligations due to the respective Jamaats and to the Supreme Council by virtue of the
trust reposed in them through election to the post.
23.
a.
A
Councillor shall be deemed to have vacated his seat if:
i.
he
resigns
ii.
being
a ex-officio member he ceases to hold his substantive office unless prior to assumption of
such office he was already an elected Councillor.
iii.
he
is certified or otherwise adjudged to be insane or of unsound mind.
iv.
he
ceases to be a follower of Shia Ithna-Asheri faith.
v.
he
ceases to reside or remains absent for more than one year at the centre under the
jurisdiction of his Jamaat, or
vi.
he
is convicted of any offence involving moral turpitude or dishonesty.
b.
The
Constituent Jamaats shall have the right to fill a vacancy of any of their respective
Councillors caused by death, or by any of the reasons herein above stated.
c.
Any
Constituent Jamaat shall have the right to replace its Councillor during his term if a
decision to this effect is passed and a new election is held at a general meeting of the
said Constituent Jamaat.
MEETING
OF THE SUPREME COUNCIL:
24.
a.
The
Supreme Council shall meet from time to time as occasion may require but at least once a
year, at the seat of the Secretariat or such other place as the Chairman may determine.
b.
One
third of the Councillors representing not less than two countries shall form a quorum. The
c.
At
least 45 days notice shall be given to the Councillors for the convening of a meeting. In
case of emergency a reasonably shorter notice may be given as the Chairman may deem fit.
d.
Motions
or resolutions to be tabled at a meeting shall reach the Secretariat at least 45 days
prior to the date set for the meeting and the Secretariat shall at least 30 days prior to
the date provide to all the Councillors copies of such motions or resolutions and also of
any other motions or resolutions to be tabled by the Secretariat at the meeting.
25.
It
shall be incumbent upon the Chairman to convene a meeting, within 60 days, on receipt of a
petition from not less than one-third of the number of Councillors or of the Constituent
Jamaats. In the event of the Chairman failing to convene such a meeting, the Councillors
or the Constituent Jamaats may convene it. PROVIDED ALWAYS that the said one-third
Councillors or the Constituent Jamaats present at such meeting shall have represented at
least two countries.
POWERS
AND FUNCTIONS OF THE SUPREME COUNCIL
26.
a.
The
Supreme Council shall, subject to the authority of the Conference and the provisions of
the Constitution, be the executive body of the Federation and shall give effect to the
decisions of the Conference.
b.
The
Supreme Council shall have power to discuss, formulate and recommend to the Conference
such policies and/or actions as are likely to facilitate the attainment of the aims and
objects of the Federation.
c.
The
Supreme Council shall have power to make such rules and regulations as may be found
necessary for the furtherance of the aims and objects enumerated in Article 3 of the
constitutions, subject to subsequent confirmation thereof by the ensuing Conference.
d.
The
Supreme Council shall either on its own volition or on the recommendation of the Chairman
deal with all such matters as are otherwise under the purview, or mandate of the
Conference and cannot conveniently and prudently be left pending until the next meeting of
a Conference PROVIDED ALWAYS that all such matters and all decisions and actions thereon
shall be brought before such next meeting of the Conference for confirmation or new
decisions.
e.
The
Supreme Council shall have power to appoint such committees and to assign to them such
duties and to delegate to them such powers as may be deemed necessary by the Supreme
Counci1.
f.
The
Supreme Council shall be competent to hear and determine any dispute between two
Constituent Jamaats or a Jamaat and an individual member or members of such Jamaat or
individual members of a Constituent Jamaat or individual members of separate Constituent
Jamaat or a Constituent Jamaat or Jamaats and the Secretariat. Provided that any
representation by an individual member or members of a Constituent Jamaat or Jamaats shall
be made through its or their Constituent Jamaat or Jamaats, unless such Constituent Jamaat
or Jamaats shall within 60 days of its receipt of such representation fail to forward the
same to the Supreme Council whereupon such individual member or members shall be entitled
to submit the representation directly to the Counci1. In
case of any dispute within the region, the same will be dealt with by the Regional
Council.
g.
The
Supreme Council may also give an advisory opinion upon any question referred to it by a
Constituent Jamaat, the Conference or by an individual member or members through the
Constituent Jamaat concerned.
h.
The
decision of the Supreme Council shall be determined by a majority of 66 percent of the
members present at the Supreme Council and shall be binding upon all the parties to the
dispute as well as upon Constituent Jamaats and their individual members PROVIDED THAT in
the case of conflict or dispute between two Jamaats, either of the Jamaats shall have a
right to appeal to the next Conference, whose decision shall be final and binding on all
concerned. A notice of such appeal shall be in writing and given to the Secretariat within
60 days of the decision of the Supreme Council being communicated to the parties.
i.
The
Supreme Council is hereby authorised to exercise all the powers conferred upon the
Federation by Article 4 (b) of this Constitution and is also authorised to enforce its
ruling or awards of arbitrations in the manner prescribed by the aforesaid Article.
ii.
The
Supreme Council shall have power to incur all expenses necessary for the proper management
of the said Council and for the carrying out of the various activities of the Federation.
iii.
The
Supreme Council shall not in any way expend the capital of the foundation fund but shall
be entitled to expend the income thereof for the purposes consistent with the Constitution
and in accordance with-the rules made thereunder.
27.
a.
The
Chairman shall hold office for a term of approximately three years from the date of the
declaration of his election as provided for in Article 13 of the Constitution until the
date of the declaration of the next election for the same office subject to, however, the
provisions of Article 14 of the Constitution.
b.
The
Chairman shall ensure the functioning of the Secretariat and of the Supreme Council
through the Secretariat or otherwise, in a regular consultation with the other office
bearers. He shall also co-ordinate and liaise with them for the purpose of their effective
performances subject to the duties placed upon them under the provisions of the
Constitution and to the rules, regulations and bye-laws made from time to time.
c.
The
Chairman and the other office-bearers may by a consensus, in any reasonable case of
urgency, decide to initiate or commence or undertake such programmes and/or such schemes
as are within the scope of the Aims and Objects if such programmes and/or schemes should
not be kept waiting for or until the approval of the Supreme Council PROVIDED THAT a full
report thereon in whatever stages or phases they may have reached and a report on their
need shall be presented by the Chairman at the ensuing meeting of the Supreme Council and
its decision thereon shall be sought.
d.
If
the office of Chairman becomes vacant owing to the resignation, incapacity, death or
otherwise, the Vice Chairman shall assume the office of the Chairman at
the Secretariat
for the remaining period of office.
THE
SECRETARIAT;
28.
a.
The
Secretariat of the Supreme council shall be the administrative seat of office of the
Chairman, the Vice Chairman, the Hon Secretary, the Hon Treasurer and also the Assistant
Office-Bearers, if any appointed. The Secretariat shall be established and stationed from
time to time at such place as the Chairman may decide and shall be generally managed by
the Hon Secretary with such supporting staff as may be deemed necessary by the Chairman.
b.
If
any dispute or difference of opinion arises in a Constituent Jamaat in which the
Management Committee of the Jamaat is directly or indirectly involved, the Secretariat of
the Supreme Council shall have power, if it considers that the dispute may obstruct the
activities of the Jamaat, to appoint an arbitration committee from amongst the Councillors
and the Community to settle the dispute. The awards of such arbitration shall be binding
on all concerned.
POWERS
AND DUTIES OF THE HONORARY SECRETARY;
29.
The
Honorary Secretary shall:
a.
be
in charge of the Secretariat and the staff of the Supreme Council;
b.
be
responsible for giving notice of all meetings;
c.
prepare
the Agenda of all meetings in consultation with the Chairman and other office bearers, and
circulate the same;
d.
record
and maintain full and proper Minutes;
e.
in
consultation with the Chairman, deal with all matters that come before the Secretariat;
f.
execute
the decisions of the Conference and the Supreme Council; and
g.
maintain
and preserve all the records of the Federation.
VACANCIES
OF VICE-CHAIRMAN AND HONORARY TREASURERS:
30.
a.
The
Chairman shall have the power to fill temporarily by nomination a vacant office of any of
the Vice Chairman or the Honorary Treasurer if the office becomes vacant
owing to incapacity, resignation, death or otherwise PROVIDED
THAT in the event of the office of the Vice Chairman from the Regional Council becoming
vacant, the Chairman shall nominate the name of the person recommended by the Chairman of
the Regional Council in writing.
Such nomination or nominations shall be subject to confirmation at the next meeting of the
Supreme Council or
Regional Council, as the case may be,
failing which the Supreme Council or
the Regional Council, as the case may be,
shall fill
the vacancy or vacancies by election at the same meeting. PROVIDED however if such an
election fails then the Chairman shall make a new nomination or nominations temporarily
subject to similar confirmation as provided herein above.
b.
In
the event of the offices of the Chairman and both
the Vice Chairman becoming vacant for any reasons, the trustees who are resident in the
country in which the Secretariat is situated shall manage the affairs of the Federation in
regular consultation with the other office bearers and shall convene an Extra-Ordinary
Conference in accordance with the provisions of the Constitution within six months of the
vacancies having occurred for its decision. The said Trustees shall continue to manage the
affairs of the Federation, if so directed by the Extra-Ordinary Conference, until the
vacancy of the Chairman is filled.
REGIONAL COUNCIL
31.
a.
Where
a Regional Council is established by any of the affiliated constituent
Jamaats,
it shall be known as (Name of the Territory Region)
Ithna-Asheri Regional Council.
b.
A
Regional Council shall frame its own constitution in conformity with the aims and objects
of the Federation
MANAGING
COMMITTEE OF CONSTITUENT JAMAAT:
32.
a.
Each
Constituent Jamaat and/or
member Jamaat of the Regional Council
shall be managed by a Committee composed of requisite number of members to be elected from
and by the members of the Jamaat concerned.
b.
The
Chairman, Vice-chairman, Hon Secretary and the Hon Treasurer of the Federation shall not
accept any position in a Constituent Jamaat or any post as an office-bearer in any
Organization of which the Federation has accepted association, merger or membership under
Article 4(a) (iii) above.
c.
Every
Constituent Jamaat shall furnish to the Secretariat from time to time information relating
to the election or change in its Managing Committee or office bearers or trustees.
SUBSCRIPTION:
33.
The
subscription of each Constituent Jamaat shall from time to time be determined by the
Supreme Council. The subscription shall be paid to the Secretariat at the latest by 31st
March of every year. Member Jamaats failing to pay their subscriptions within the first
quarter may have all their rights as members of the Federation suspended until arrears are
paid in full.
CHARITABLE
TRUST AND BEQUESTS:
34.
a.
The
Federation may accept charitable trust and/or bequests from any individual, society or
Jamaat for educational, religious or other charitable purposes by way of cash and/or
immovable property or properties, and utilize its income as directed in such trust or
bequest so long as the Trust Deed and/or the regulations in respect thereof are acceptable
to the Supreme Council.
b.
The
Trustees of the Federation may manage such Trust Jointly with the Trustees not exceeding
two if appointed by the donor.
c.
The
Supreme Council may take such legal and other necessary steps for the purpose of taking
over the management of any Trust dedicated for the benefit of Ithna-Asheri Community or
faith in
TRUSTEES:
35.
a.
The
properties and other assets of the Federation shall be vested in eight trustees of whom
the Chairman and Honorary Treasurer shall be ex-officio Trustees. The other six trustees
shall be elected at each Ordinary Conference, of whom two each shall be from Tanzania,
Kenya and Uganda, all six to be citizens of any member country of the Federation of Khoja
Shia Ithna-Asheri Jamaats of Africa and/or bona fide resident for five years or more in
that country and/or to have immovable property. The Supreme Council shall cause a Deed of
Trust to be prepared in accordance with the Law. The Trustees shall abide by the
provisions of such deed and the law.
b.
The Chairman and
the Hon Treasurer shall be the managing trustees of the Federation and inter alia, ensure
the maintenance and preservation of all records and documents in respect of the assets of
the Federation.
c.
The Trustees
shall be incorporated under the Trustees (incorporation) Act with the title of me
"REGISTERED TRUSTEES OF THE FEDERATION OF KHOJA SHIA ITHNA ASHER1 JAMAATS OF
AFRICA".
d.
The common seal of
the Trustees shall be ‘Registered Trustees of the Federation of the Khoja Shia
Ithna-Asheri Jamaats of
e.
The quorum of
meetings of the Trustees shall be four. The decision of the Trustees shall be made by a
simple majority of votes.
f.
The Trustees shall
adopt their own rules of procedure in relation to the conduct of their meetings and shall
keep proper records of the Minutes.
g.
The office of the
Trustees shall "ipso facto" become vacated if any of the Trustees dies, resigns,
or becomes insane or bankrupt, or abandons the Shia Ithna-Asheri faith or is convicted of
any criminal offence involving moral turpitude or dishonesty.
h.
The Supreme Council
shall have power to fill any such vacancy caused and pending such new appointment the
remaining trustees shall be competent to carry out the function and duties of the trustees
despite such vacancy.
i.
In the event of any
Elected Trustee being found by other Trustees or by the Managing Trustees to be unable to
perform his duties owing to a prolonged illness or absence from Africa, his post may be
declared vacant and a replacement elected at a meeting of the Supreme Council.
ACCOUNTS:
36.
a.
All
moneys, cheques, draft and funds of and due to the Federation shall be received and paid
to the Hon. Treasurer of the Federation in any Bank or Banks approved by the Secretariat.
Such banking account or accounts shall be operated jointly by the Chairman and Hon.
Treasurer or in any unavoidable circumstances, by any two of the following office bearers:
the Chairman, Vice Chairman, the Hon Secretary and the Hon. Treasurer. The Hon Treasurer
shall not keep with him at any one time in cash more than such sum as may be sanctioned by
the Supreme Council from time to time and shall not make payments of any accounts, bills
or vouchers, etc., without first getting the same certified and passed by the Hon
Secretary or Chairman or the Vice Chairman.
b.
As
and when deemed appropriate by the Chairman, he may incur an expenditure or make a
donation at any one time upto such an amount and upto a total such sum without the prior
sanction of the Supreme Council as the Council may determine from time to time the limits
thereof. The Chairman shall however have all such expenditure and donations with the
particulars thereof recorded at every ensuing meeting of the Supreme Council.
c.
The
Honorary Treasurer shall keep usual and proper books of accounts and faithfully record
therein the receipts of income and items of expenditure of the Federation.
d.
In
the first three months of every new financial year the Hon. Treasurer shall draw up a
Balance Sheet and Revenue Account in respect of the year last ended, get these inspected
and noted by all other office-bearers before submitting them for audit by the. Auditors of
the Federation. For the purpose of this Article the date of the end of the financial year
for the Federation shall be determined by the Supreme Council from time to time.
e.
The
Hon. Treasurer shall present the Annual Balance Sheet and the Accounts, duly audited, for
adoption before an ensuing meeting of a Conference or of the Supreme Council whichever is
the earlier.
f.
The
Hon Treasurer shall give explanations and/or provide such further information or details
on any accounts as may be called for at such a meeting of a Conference or of the Supreme
Council.
g.
The
Hon. Treasurer shall ensure the maintenance and preservation of all current and past
records of the accounts of the Federation.
AUDITORS:
37.
An
Auditor or a firm of Auditors shall be nominated at every Ordinary Conference. He or they as the case may be, shall have the power
to inspect the accounts of the Federation, as and when he or they deem necessary. He or
they shall audit all accounts and report there-on. He or they shall not be members of the
Supreme Council.
INDEMNITY:
38.
If
any prosecution action or suit at law be commenced against any of its office-bearers for
anything done by him – in the course of performance of his duties, such person or
persons shall be defended and indemnified by and at the cost of the Federation from all
damages, costs and expenses which may be incidental to or result from such prosecution
actions or suits at law.
DISSOLUTION;
39.
The
Federation may at any time be dissolved by consent of at least 90 percent of the members
testified by their signatures to an instrument of Dissolution PROVIDED THAT a Resolution to this effect has been
adopted at an Extra-Ordinary meeting of the conference called for such a purpose. In such
event the assets of the Federation or portions thereof shall be handed over on such terms
and conditions as may have been decided upon at the said meeting to any other institution
or institutions working for the aims and objects almost similar to those of the
Federation.