The Federation of Khoja Shia Ithna'Asheri Jamaats of
Africa and the Indian Ocean Islands
The
Khoja Shia Ithna-Asheri Supreme Council
HEAD
OFFICE: P.O. Box 3739 –
00506, Nairobi, Kenya Tel: (254-2) 651046/47
Fax: (254-2) 651048
Email: federation@saamnet.com
P.O. Box
6710, Dar-es-Salaam, Tanzania, Tel: (255-22) 2150897/2150964
Fax: (255-22) 2150964 Email:
federation@raha.com
In The Name Of ALLAH, The Most Merciful, The Most
Beneficent
THE
CONSTITUTION OF THE FEDERATION OF KHOJA SHIA
ITHNA-ASHERI JAMAATS OF AFRICA
AS AMENDED
AND ADOPTED BY THE EXTRA-ORDINARY CONFERENCE HELD IN DAR-ES-SALAAM, TANZANIA ON
8-9 APRIL 1993.
THE
CONSTITUTION IS EFFECTIVE FROM 1ST OCTOBER 1994
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TITLE |
TITLE |
|
MEMBERSHIP |
MEMBERSHIP |
|
(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
organized 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 the avoidance of doubt it, where the
context so admits, the term “Jamaat” and/or “Constituent Jamaat” shall
include the Regional Council |
|
AIMS AND OBJECTS |
AIMS AND OBJECTS 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 Africa. |
|
(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. |
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(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 centers 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 genera1. |
|
POWERS |
POWERS OF THE FEDERATION 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 affiliate 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. |
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CONFERENCE |
CONFERENCE
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|
(b) |
A Conference shall meet once every three years which shall be known as
“An Ordinary Conference” and all other conferences shall be known as
“Extra-Ordinary Conferences”.
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|
(c) |
A Conference shall meet at
any place in Africa to be determined by the Chairman of the Federation. However in exceptional circumstances it
may meet outside Africa. |
|
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. |
|
6
(b) |
Rule 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 collective. |
|
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 and the Regional Council shall
constitute a quorum at any Conference. |
|
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. |
|
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Before nominating its candidate, a Constituent Jamaat
shall seek a written consent of the person whose name is to be nominated. |
|
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In the event of only one name being nominated, the
Honorary Secretary shall declare such nominee elected after the closing date. |
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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 (a) |
There shall be two (2) Vice Chairmen of the Federation one of whom
shall be from amongst the constituent Jamaats of Africa and the other from
the Regional Federation. |
|
(b) |
The Vice Chairman from the Regional Federation shall be nominated
by the Regional Federation under the rules of the Regional Federation and
shall be declared as elected at the session of the Conference for a term of
three years concurrent with that of the Chairman and he shall also be one of
the office bearers of the Federation. |
|
(c) |
The vice Chairman from
amongst the Constituent Jamaats of Africa and
the Honorary Treasurer, also known as the Office-bearers, shall also be elected at the
session of the Conference for a term of three years concurrent with that of
the Chairman provided that a candidate for any such posts not present at the
Conference shall not be precluded from proposal for election, if his written
consent has been produced at the time of his proposal. |
|
16 (a) |
The Honorary Secretary shall be appointed by the Chairman
and shall hold the office at the Chairman's pleasure provided that his term
of office shall, subject to any reappointment, automatically come to an end
at the end of the term of office of the Chairman. |
|
(b) |
An Honorary Assistant Secretary or an Honorary Assistant
Treasurer or both, also known as the Office-bearers, may be appointed to
assist the Honorary Secretary and the Honorary Treasurer respectively; such
appointment being made by the Chairman from time to time during the term of
his Office and for the durations not exceeding the said term. |
|
17 |
The Chairman of the Federation, or, in his absence, the
vice- Chairman at the seat of the secretariat shall be the Chairman of the Conference. In the absence
of both, a Chairman elected adhoc 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. |
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POWERS OF CONFERENCE: |
POWERS
OF CONFERENCE: The Conference shall subject to the laws, rules and
regulations of the Federation be the supreme and final authority over all the
|
|
(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. |
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SUPREME COUNCIL |
SUPREME COUNCIL: 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. viii ix. |
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) |
(b) The Chairman of every constituent
Jamaat and member Jamaat
of the Regional Federation 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 Federation 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 Jamaat of the Regional
Federation 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
deemed
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 Federation, 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. |
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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. |
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MEETING OF THE SUPREME COUNCIL |
MEETING OF THE SUPREME COUNCIL 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. |
|
(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 Councilors
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. |
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POWERS AND FUNCTIONS OF THE SUPREME COUNCIL |
POWERS AND FUNCTIONS OF THE SUPREME COUNCIL 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. |
|
(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. |
|
THE CHAIRMAN 27 (a) |
THE CHAIRMAN |
|
(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 at the seat of the secretariat shall assume the office of the Chairman for the remaining period of
office. |
|
THE SECRETARIAT |
THE SECRETARIAT |
|
(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 |
POWERS AND DUTIES OF THE HONORARY SECRETARY
|
|
(a) |
be in charge of the Secretariat and the staff of the
Supreme Council;. |
|
(c) |
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; |
|
(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 TREASURER |
VACANCIES OF VICE—CHAIRMEN
AND HONORARY TREASURER If the Office of any of the vice Chairman or Hon Treasurer becomes vacant owing to
incapacity, resignation, death or otherwise, the Chairman shall have power to
fill temporarily the vacant office or offices PROVIDED THAT only in the case of the office of the Vice
Chairman from the Regional Council being vacant, the Chairman of the Regional
Councils shall recommend to the Chairman of the Federation the name of the
replacement to be nominated by the Chairman of the Federation in such
temporary capacity. Such
nomination or nominations shall be subject to confirmation at the next
meeting of the Supreme Council or the meeting of the Regional Federation, as the case may
be, failing which the
Supreme Council and or the
Regional Federation as the case may be, shall elect such office-bearers. |
|
(b) |
In the event of the offices of both 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. |
|
31
(a) |
Where
a |
|
(b) |
A |
|
MANAGING
COMMITTEE OF CONSTITUENT JAMAAT |
MANAGING COMMITTEE OF CONSTITUENT JAMAAT
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 |
SUBSCRIPTION |
|
CHARITABLE TRUSTAND BEQUESTS: |
CHARITABLE
TRUST AND BEQUESTS
The Federation may accept charitable trust and/or
bequests from any individual, society or Jamaat for educational, religious or
oilier 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 Africa for
which it is believed that no active trustees exist and/or it is mismanaged. |
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The following Resolution (Item 35(a) proposed by the Secretariat
to amend the Constitution was adopted at the Conference at the 20th
Triennial Conference in 1998. Article 35(a) of the Constitution of the Federation of
Khoja Shia Ithna-Asheri Jamaats of Africa was replaced with the new article
with the same number and was unanimously approved in the Triennial Conference
held at Dar-es-Salaam on 11th April, 1998 |
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TRUSTEES |
TRUSTEES:(effective date of the amendment 11"' April, 1998) |
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(b) |
The Chairman and the Hon Treasurer shall be the managing
trustees of me Federation and inter alia, ensure the maintenance and
preservation of all records and documents in respect of the assets of the
Federation. |
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(c) |
The Trustees shall be incorporated under me Trustees
(incorporation) Act with the title of me "REGISTERED
TRUSTEES OF THE FEDERATION OF KHOJA SHIA ITHNA-ASHER1 JAMAATS OF AFRICA". |
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(d) |
The common seal of the Trustees shall be "Registered
Trustees of the Federation of me Khoja Shia Ithna-Asheri Jamaats of
Africa", which will be affixed in me presence of the Chairman (or in his
absence, any of the remaining trustees). The common seal shall remain the
safe custody of me Chairman of the Federation. |
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(e) |
The quorum of meetings of the Trustees shall be four.
Tine decision of the Trustees shall be made by a simple majority of votes. |
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(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. |
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(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. |
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(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. |
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(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 replacement elected at a meeting of the Supreme Council. |
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ACCOUNTS |
ACCOUNTS: |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(g) |
The Honorary Treasurer shall ensure the maintenance and
preservation of all current and past records of the accounts of the
Federation. |
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AUDITORS |
AUDITORS: |
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INDEMNITY |
INDEMNITY |
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DISSOLUTION |
DISSOLUTION |