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CONSTITUTION
Nepali Jana Samparka Samiti America (Nepali Public Relation Committee in America)(PRCA) 2007 1. Name Name of the organization will be Nepali Jana Samparka Samiti America (Public Relation Committee in America) (PRCA)”. 2. Office of organization
Head office of the organization will be at New York It can open branches and conduct business in different parts of the country in accordance to the rule of land. There will be provision to change office and address in with to the law. 3. Start date
Date of approval of this article. 4. Working perimeter
With this article democratic values, religious tolerance, law abiding. 5. National and international relations
This organization will have friendly and cooperative relation with other organizations who share similar goals, and particularly in Nepal, Nepali Jana Samparka Samiti Amrica will affiliated with the Nepali Congress as a sister organization. 6. In accordance to USA Laws
This organization will function in accordance to this article. In case any of points mentioned is having discrepancy with government laws, than it will function according to the law of the land. 7. Like an individual:
This organization will behave like an individual when dealing with courts, agreements, purchasing/selling movable and immovable assets.
8. Stamp of the organization
NPRCNA 's Stamp is going to be as described in reference 1.
9. Definition
If difficulty in understanding the meaning of the subject or context
a) NPRCNA means organization registered as per this article.
b) Local official will mean county official.
c) Democratic party will imply any organization or party formed with democratic values.
10.Structure of working committee
The nonprofit organization will be managed by 29 working committee members. General Convention members of the organization will elect 21 working committee members including president, three vice president General Secretary, secretary and Treasurer. Elected working committee can select up to 8 members from the branch members. Therefore, total number in working committee will be 29. Central working committee can select up to 11 members advisor committee President 1 Vice-president 5 General Secretary 1 Secretary 1 Treasurer 1 Members 20 Total 29 advisor committee 11 11. Objective and goals of the organization
This organization is established with the mission of institutionalizing democratic values and principles in Nepal. PRCNA aims:
Nepali Jana Samparka Samiti America is basically oriented to the Nepalese background. This organization focuses on the promotions of Nepalese cultures, traditions, civilizations in overseas. Likewise this organization is equally devoted to assist its members and others during emergency. to advocate for democracy and people's sovereignty, to promote peace and harmony, to campaign for indigenous, human and gender rights, to support humanitarian activities, to offer research about socioeconomic development and policy, to establish and promote people to people contact, cooperation and mutual understanding between the US, and Nepal immigrants, and to promote cultural exchange between the American continent and Nepali folks. 12. Membership requirements
1) Open to all who are dedicated to the PRCNA's principles and objectives,
2) Individual committed to democratic values, law of nepali congress, and who work /affiliated with nepali congress and it sister organization in Nepal
3) Individuals willing to support for the betterment of Nepal,
4) Individuals not committed any crimes, felony charges, and involved in any unlawful activities,
5) Further category of membership may be developed by the executive committee.
13. Types of membership
This organization will have the following types of members.
1. Founding member: Those who sign in this article will remain establishing members. 2. General member: Those who acquire membership under this article will be general member. 3. Active Member: Those who acquire membership under this article and actively work for organization will be Active member 4. Life Member : 14. Membership process and fee - Applicants for membership need to apply with two references from current member.
- Working committee will decide whether to grant the membership.
- Annual membership fees will be $15 per member and it will be effective from the date of membership granted.
- There will be one time registration fee of $200.00,for life member which will be counted even membership
- General convention can change the fees and other requirements.
15. Membership renewal
General members are required to renew membership before expiration by paying the membership fee. Every member need to renew their membership every three year.
16. Membership ineligibility
Any individuals who commit the following acts will be declared ineligible for memberships. - Who act and perform against the organization's objectives,
- Individuals committed any crimes, felony charges, involved in any unlawful activities and violated the rule of land,
- Working committee can cancel the membership of an individual if any of the above implies but will give an opportunity to clarify.
General assembly and working committee 17. General assembly
General assembly's member percent should be at least 51 percent, whenever a meeting is held without the least number of members then the number of members present will be counted as the most. 18. General convention: Those who elected/nominated from branch for General convention only they are participate for the general convention. General member no have to right to vote general convention. 19. General assembly's convention Annual - If required working committee can call anytime for special meeting of the members.
20. General assembly's work, responsibility and right - To discuss about all the activities done by the organization during last year including the progress and financial transaction.
- To set up rules and regulation of the organization.
- To elect the members for working committee.
- To set up future work for the committee.
- To formulate policy and guidelines for the committee.
- To plan and approve budget for the organization.
- To do other works as per the requirement of the general assembly
21. Election of working committee Member of the organization will elect 19 members for the working committee. Elected president can further select 10 members for the working committee, so there will be altogether 29 members in the committee. - Duties and responsibilities for the committee members will be according to the one given by the president.
- Time lapse for the elected member will be three years.
- Termination of the member could happen according to the following category:
22. Termination of the member -
- if one resigns from the post.
- if one is not trusted by the general assembly.
- without any reason, if one dose not appear in the general assembly for continuous three meeting, but one will be allowed to clarify the cause of absence.
- if one is no longer member of the organization.
- if the president dose not need the selected members.
- if the member break the discipline
- President must give his resignation to vice president whereas other members should give their resignation to the president.
23. Meeting of the working committee and the majority - According to the necessity, the meeting of the committee will held in selected date time and place.
- Majority should be 51 percent, whenever a meeting is held without the least number of members then the number of members present will be counted as the most.
- Decision will be taken according to the majority rule.
24. Rights and responsibility of the working committee To pay respect to the rules and regulation proposed by the general assembly and work according to their guidance. To elect member for election committee. If some how any post of the organization gets vacant than elect anyone responsible member of the organization for that post until general assembly is held. To make future work according to the aim of the organization. To check the assets and liability of the organization on time and take care of it. The decision made by general assembly should be carried out. Work, duty and authority of office bearers To open( branches) State chapters and conduct business in different parts of the country in accordance to the rule of land. To make committee and sub committee operate office of the organization 25. The work, duty and authority of working committee office bearers will be as follows A. President: -
- Chairman of general convention, working committee and conference seminar.
- Instruct and implement work and programs in accordance to organizational objective along with general convention directions.
- Represent or send representation on behalf of the organization to other organizations.
- Implement, monitor and direct decision of working committee.
- Distribution of work amongst working committee members.
- Represent or send representation on behalf of the organization to court cases against this organization.
- Select at most ten members from general member to working committee.
B. Vice-president:
-
- To help president in his work and perform or direct work as instructed by president.
- In the absence of president assume authority of president or perform work assigned by president.
C. General Secretary:
-
- Convene related working committee meeting and general convention as instructed by president,
- Keep the day to day report of working committee, monitor and programs on behalf of organization.
- Prepare agenda of working committee meeting or convention and present proposed future programs of organization.
- Present annual report to the convention and future programs of organization.
- Present annual report to the convention and future programs of organization.
- Work according to working committee's direction, and
- Operate office of the organization.
D Secretary: -
- Work according to working committee's direction, and
- Operate office of the organization.
E. Treasurer:
-
- Present financial report at annual general convention and working committee.
- Operate financial transaction and keep the account book updated.
- Prepare or assign someone to prepare yearly budget of the organization and present the same to working committee and general convention, and
- Perform duties as instructed by president.
F. Working committee member:
-
- Implement decisions of convention or meeting,
- be present in all the meetings convened, and
- Perform other tasks as directed by president.
26. Branches, State chapters and regional committee -
- Central working committee to open (branches) State chapters, regional and conduct business in different parts of the country in accordance to the rule of land.The work, duty and authority of Branches, Chapter and Five regional working committee office bearers will provide by Central working committee
- Branches, Chapter and Five regional working committee Work according to working committee's direction, and its constitution.
- Central working committee have to right to dissolve any Branches, Chapter and Five regional working committee if they don't operate central working committee's direction, and its constitution.
- Branches, Chapter and regional working committee President must give his/her resignation to central president whereas other Branches, Chapter and regional working committee members should give their resignation to the president.
27. Financial set up - Organization will have separate funds.
- Funds will be received money from following sources:
-
- membership and renewal fees from member of the organization,
- financial help received from national and international organization or donor,
- money received by service provided by organization or other fund raising programs,
- use selling and distribution of movable /immovable assets of organization,
- Although mentioned above any international monetary help will be received only after getting permission from the rule of land.
28. Details of movable and immovable assets
Report containing details of movable and immovable asset of organization will always be updated. 29. Funds set up and operation
A bank account will be opened in the name of the organization and three persons with the signature of president, General Secretary and treasurer and the account will operated any two parsons 30. Account audit - A certified auditor approved by general convention will perform audit and prepare financial report of yearly income /expenditure and also movable /immovable asset of the organization.
- Treasurer will present yearly financial report prepared by auditor in general convention.
- The financial report will be presented to the local authorities every year.
Miscellaneous
31. Election related set up
- Working committee will select election officers
- Consensus and or unanimous election will be the norm but in the event of no consensus on the candidate secret ballot will be used to decide the office bearer.
- Election officers will be responsible to make election related rules and regulation.
32. Voters and candidates - Members as mentioned in article 18 will only be eligible to participate as voter and candidate. Only member who have held membership as mentioned in article 18 can put forth their candidature to become working committee member.
- This law will not be applicable for first working committee establishing member.
33. No confidence motion - No confidence motion can be brought against any signatures from 51% general members with written request.
- The person, against whom motion is brought will be given chance to explain his/her position by president .if there are reasons for excuse then working committee can recommended it be presented during general convention.
- In general convention total of two third votes of members present will be required for the motion to go through and the person concerned will relinquish the office.
34. Article amendments - General convention has authority for amendments.
- Members desirous of amendments can propose the same to president with appropriate reasons.
- If the proposals are genuine, president will forward the proposal to working committee can decide to recommend the amendments to the general convention.
- The amendments has to be passed by two third majority during general convention and passed amendment will need to be approved by local authorities before it can be implemented.
35. Creation of rules Working committee can create additional rules and guidelines and extra working principles to fulfill the objective of organization in accordance to law of the land and this law. 36. Dismal of organization
If work of the organization is not in accordance to the objective and due to other various reasons then organization will be dismissed in accordance to the law of the land. 37. Special provisions - Starting committee who are signatory to the law of the organization will be considered working committee in accordance to organizational law. This committee will function not more than two years from the date of registration of the origination. After two year election will determine the working committee.
- Annual general convention will be called with in two years of registration of the organization.
- As per the requirements of the organization working committee can have the special provisions from time to time in accordance to rules and laws of the organization.
38. Description
General convention will have authority to describe this law. If there is any dispute within organization, court's decision will be the final. click here to download PDF | Click here to download for ms word |
