CONSTITUTION OF PARALYMPIC COMMITTEE OF INDIA (PCI)

Transcription

1 CONSTITUTION OF PARALYMPIC COMMITTEE OF INDIA (PCI) 1. PREAMBLE 1.1. The Paralympic Committee of India (PCI) also referred as NPC (National Paralympic Committee) in IPC Handbook is Registered in Bangalore under the Karnataka Societies Registration Act, 1960 and the Rules, 1961, bearing Registration No. 280/94-95 dated The Committee was formed for the promotion and development of Sports among disabled persons in India The Committee shall represent all disability groups sports, viz. Visually Impaired, Orthopedically Challenged, Wheel Chair and Paraplegics, Cerebral Palsy affected and intellectually Challenged, and Dwarf Groups, to act as an Umbrella Organization of all these disability groups. The Committee will enable Paralympic Athletes to Achieve Sporting Excellence and Inspire and Excite the Country The Constitution of PCI will be guided and shall be in accordance with the Constitution of the International Paralympic Committee (IPC), Germany, as contained in their Handbook and as amended from time to time The provisions and guidelines of IPC Handbook read together with National Sports Development Code (NSDC), Government of India and as per the Laws of the Land will always take precedence over the PCI s Constitution. 2. NAME, SEAT AND YEAR OF BUSINESS 2.1. The Name of the Society is PARALYMPIC COMMITTEE OF INDIA 2.2. The official location (or seat ) of the organization shall be New Delhi, presently having its correspondence address at No. 6, Lodhi Estate, Page 1 of 21

2 New Delhi , India, Official id : hopcidelhi@yahoo.com, website: The Paralympic Committee of India (PCI) is an autonomous and is a Non Profit Organization (NGO) for development and promotion of Sports for the people with different disabilities in India. PCI was Registered in Bangalore under the Karnataka Societies Registration Act, 1960 and the Rules, 1961, bearing Registration No. 280/94-95 dated The accounting year for PCI shall be from 1 st April to 31 st March (Financial year, as prevalent in the country) of the succeeding year. 3. VISION AND MISSION The vision of the PCI is to enable Para Athletes of India to achieve sporting excellence and inspire and excite the world To fulfill its vision, the PCI shall create a mission statement and adhere to its core values. 4. OBJECTS 4.1. To develop, promote and protect the Paralympic Movement in the country in accordance with the IPC Handbook and all regulations and directives issued by the IPC and NSDC, Govt. of India Ensure the growth and the strength of the Paralympic Movement through the development of State Para Associations and National Sports Federations in all parts of India and support their activities PCI will act as a national regulatory/ governing body with respect to the IPC sports, including the awarding and sanctioning of National Para Championships and National Para Games. Page 2 of 21

3 4.4. Promote sports for athletes with impairments without discrimination for political, religious, economic, disability, racial, gender or sexual orientation reasons; 4.5. Support and encourage educational, cultural, research and scientific activities that contribute to the development and promotion of the Paralympic Movement To seek the continuous global promotion and media coverage of the Paralympic Movement, its vision of inspiration and excitement through sports Ensure that, in sport practiced within the Paralympic Movement, the spirit of fair play prevails, violence is banned, the health risk of the athletes is managed and fundamental ethical principles are upheld To effect its exclusive authority for the representation and participation by the country in the Paralympic Games and at all competitions recognized by the IPC or Asian Paralympic Committee in all related matters, including the selection, management and discipline of all delegation members representing the country at those Games and/or competitions Observe governance and operational standards similar to those of the IPC read together with NSDC in relation to notice of meetings, nominations for office, voting and general democratic practice To abide by and respect the IPC Code of Ethics at all times and in particular: Safeguard the dignity of the individual and of the sport; Fight against any discrimination on the basis of race, gender, nationality, ethnic origin, religion, philosophical or political opinion, marital status or sexual orientation. In particular, discrimination on the basis of impairment is forbidden by the Paralympic ideals; Page 3 of 21

4 Safeguard the athletes interests, priorities and opportunity to participate in fair completion and excel in sport; Conduct business with integrity, maintain a high standard of personal conduct and avoid any behavior or action that would damage or give the impression of damaging the reputation of the Paralympic Movement To co-operate with Government Bodies in doing all such acts which are required to be done to fulfill the responsibilities / obligations as listed in the IPC Handbook and NSDC To promote and provide Para Sports Education for better physical, mental, moral and cultural development of the youth of the Nation for their character, good health and responsible citizenship To collaborate with schools, colleges and universities, public sector corporations, independent sport Boards, establishments, etc, in India in order to propagate the fundamental Paralympic Values at National level within the framework of sports activity and also take steps for the incorporation of the Paralympic Values in the teaching programme of Physical Education To enforce all rules and regulations of the International Paralympic Committee (IPC) and the Paralympic Committee of India (PCI), without indulging in or associate with any activity which is in contravention with the IPC Handbook read together with the National Sports Development Code adopted by the Ministry of Youth Affairs and Sports (MYAS), Govt. of India (GOI) Submit to the Rules, Bye Laws and Constitution of the PCI along with the Flag, Emblem and the Anthem adopted by PCI for approval to International Paralympic Committee. Page 4 of 21

5 4.16. In co-operation with Para Sports Federations / State Associations guard and enforce sports rules; To follow, observe and uphold the primacy and domination of the IPC Handbook read together with NSDC. In case of any contradiction between PCI Bye Laws and the Constitution framed by the International Paralympic Committee (IPC) read together with NSDC, the spirit of IPC Constitution / Handbook shall prevail To assist in cooperation with Para Sports Federations / Associations in the selection, training and coaching of the teams that represent India at various Competitions / Championships including Regional and Sub- Regional Games organized by the Asian Paralympic Committee for Non IPC Sports To take steps and cooperate in the creation of National Paralympic Academies, Paralympic Museums, Para Sport Training Centers and Competition Venues related to the Paralympic Movement either as joint venture project with International Federations / Government Agencies etc. or under the exclusive patronage of PCI as the case may deem fit To collaborate and help individual Sports Federations, State Para Associations and other Para Sports Bodies in the training of sport technical officials and sport classifiers for the effective management and expansion of Para Sports in India To have full and complete Jurisdiction over all matters pertaining to the selection of the city which may apply to organize National / Regional / Sub Continental Para Games The PCI shall pursue its objectives directly and exclusively as a non-profitmaking association. The PCI s activities shall be altruistic; they shall not be aimed primarily at commercial purposes. Page 5 of 21

6 4.23. PCI members shall not have a share in the PCI s assets or in the surpluses attained. They shall not receive any payments out of the association s financial resources. The PCI s funds must only be used for purposes in accordance with the Constitution. Nobody shall be benefited by payments that are foreign to the PCI s vision & mission and objects or by disproportionate remuneration All members of the PCI Governing Board work voluntarily / honorary basis as per the guidelines of NSDC, Government of India. However, reimbursement of expenses at actual incurred on account of the official work is permissible. Anti-Doping Code, Classification and Medical To comply with and implement with World Anti-Doping Code in the country and contribute to the creation of a drug free sport environment for all athletes in conjunction with the World Anti-Doping Agency (WADA) and Indian National Anti-Doping Agency (NADA) To comply with and implement the IPC Athletes Classification Code, and the IPC Medical Code in the country. Marketing Rights, Intellectual Property and Broadcast To accept the right of the IPC to initiate an International Marketing Programme (IMP) with other partners, agencies, subject to individual and/or collective consultations with IPC stakeholders and as outlined in the IPC intellectual property Bye Laws To respect and protect the IPC Marketing Rights of all categories of sponsors of IPC International and Worldwide Partnership Programme To respect and protect the IPC Intellectual Property Guidelines and protect their usage in the country To register the approved logo and flag of PCI as a Trade Mark and prevent its un-authorized / unlawful usage. Page 6 of 21

7 5. MEMBERSHIP PCI shall include as full Members those organizations that meet the following criteria: 5.1. A State Para Association of Individual State / A Union Territory Para Association of Individual Union Territory (duly registered) of the Republic of India that governs sports on the Paralympic Programme Be a National Para Sports Federation or National Organization for Sports for disabled (duly registered) that governs sports on the Paralympic Programme Be a Member of the respective International Sport Federation or International Organization for Disabled Sports An All India Sports Board run by a Government agency that governs sports on the Paralympic Programme for its employees / students.. Rights of Members Members fulfilling the membership criteria stated above shall have the right to: 5.5. Vote and be heard at the General Assembly Nominate candidate for the appropriate PCI Bodies 5.7. Submit motions in General Assembly Participate in all PCI activities, subject to meeting eligibility criteria of the respective activity. Page 7 of 21

8 Obligations of the Members Members shall have the obligations to: 5.9. Develop, promote and protect the PCI s vision and mission in accordance with all PCI s Bye Laws, Codes, Rules and Regulations and abide by all PCI decisions Respect the authority of PCI to select and enter Para athletes and officials into the Paralympic Games, Regional Games and other IPC recognized Competitions Pay the annual membership fee according to the policy established at the PCI General Assembly Additional Members Under this provision, PCI shall have powers to have additional members. The following additional members mentioned above will only have speaking rights and no voting rights at the General Assembly or in the Governing Board Meetings, if specially invited Recognized Federations; PCI may choose to recognize National Federations or organization that are not eligible (i.e. not in the Paralympic Programme) for membership but who contribute to the overall development of sport activities in the country National Federations governing sports governed by the IPC, these organizations would not fulfill the full membership criteria above and consequently cannot be members with right to vote. However, they can be members of the PCI with speaking rights Honorary Members; PCI through a motion at the General Assembly may chose to give membership to individuals with meritorious and outstanding service to the Paralympic Movement in the country. Page 8 of 21

9 6. TERMINATION / SUSPENSION OF MEMBERSHIP Suspension of Membership 6.1. The Governing Board of the PCI will have the right to suspend a Member for any of the following reasons: Failure to pay the Annual Membership Fee as determined at the General Assembly from time to time Not fulfilling the criteria for Membership stated in the Constitution Not complying with the obligations of Members, as defined in the Constitution Before a Member is suspended, the Member shall have the right to be heard either in person or in writing by the Board The Board shall inform the General Assembly of all suspensions in progress A Member under suspension loses all rights and privileges of Membership. In particular, a Member shall not be entitled to be heard, except with respect to their suspension, attendance / voting at meeting in General Assembly of Members, and / or enter Athletes in competitions, and / or participate in PCI activities. Termination of Membership 6.5. A Member may be terminated when: A suspension is likely to exceed two (2) to four (4) consecutive years. In this case, the Governing Board shall bring forth an appropriate recommendation to the General Assembly for either continued suspension or termination of Membership Automatically upon the dissolution of the Member s organization. Page 9 of 21

10 A member withdraws its Membership by delivering to the Board its written notice of withdrawal of Membership. The resignation shall take effect at the time of such delivery, unless a later date is specified in the resignation Automatically upon the General Assembly deeming with the simple majority of votes of delegates present and voting that a Member no longer meets the requirements for Membership as outlined in articles Article 6 sub para 6.1 to 6.4 and Article 6.5 sub para to Automatically upon there being passed, at a Meeting of the General Assembly, by at least two-third (2/3) of the votes on the question, a resolution that such Member s membership be terminated. Termination premises a good cause which shall in particular and without limitation be given if a Member prejudices the interest of the Organisation or if the Member is in breach of the PCI Constitution, Bye Laws, Codes, Rules and Regulations Prior to any vote on termination, a Member shall have the right to be heard. 7. GENERAL ASSEMBLY 7.1. The General assembly is the official gathering of PCI Members, it shall be competent to pass a resolution if at least one-third (1/3) of the members with voting rights are present (the presence of at least one-third (1/3) of the PCI members with voting rights will constitute a quorum) If there is no quorum at least at the start of a meeting, the following will apply: Page 10 of 21

11 The Chairperson will rule that the meeting will not proceed and will re-schedule the meeting to a time and place specified by the Chairperson and agreed to by those present at the meeting If the Members decide to challenge this ruling and proceed despite the lack of a quorum, any decisions made must be ratified by the next General Assembly where there is a quorum If the meeting is postponed due to lack of quorum and a new meeting is called, the new meeting may proceed and the members present may make decisions regardless of the number of members present. All the requirements with respect to notice, timelines, etc. must be adhered to in calling and convening this new meeting A General Assembly shall be held at least every two years, at a time, place and date determined by the Board in consultation with the President Only full members fulfilling the criteria in section 5.1 to 5.4 will have the right vote If additional members (i.e. Honorary, Recognized Federations, or National Federations governing sports governed by the IPC) are part of the PCI s Membership, these will have speaking rights at the General Assembly 7.6. The General Assembly will have the right to: Hear and receive the reports of the Governing Board Receive and approve the minutes of the previous General Assembly Elect the Governing Board Members (every second General Assembly after the Paralympic Games taking place in summer) Approve the Budget and the Membership Fee policy Consider and approve the policy and procedure for Nomination and Election of Governing Board Members. Page 11 of 21

12 Approve and admit Members to the PCI The General Assembly shall approve the auditing regulations Consider and approve the financial reports and audited accounts as decided by the Governing Board Consider and approve the Bye Laws outlining the Members rights and obligations Approve amendments to the PCI Constitution, which shall require a vote of two-third (2/3) of the Members present Approve the transaction of any other business property brought before the meeting. General Assembly Procedure 7.7. Notice of a General Assembly shall be given at least 21 days prior to the meeting. The Agenda needs to be distributed along with the Notice, 21 days prior to the meeting. The amendment to the Agenda (supplementary Agenda if any) can be at least 10 days prior to the meeting Motions shall be submitted to the Governing Board in writing at least 12 days before the General Assembly for the supplementary Agenda Minutes shall be drawn up for each General Assembly and shall be signed by the Chairman and the recording assistant of the Assembly Members shall be entitled to one vote at any meeting of Members of the PCI, including the General Assembly. A Member cannot transfer its vote to another Member if not represented in person at a meeting of the Members of the PCI. An individual cannot concurrently represent more than one Member, and as such is restricted to one vote at any meeting of the Members of the PCI All motions require a simple majority (50% +1 of the votes cast for or against the motion) to be successful, except for motions that would amend the PCI Constitution or motions for the revocation of a Member, which Page 12 of 21

13 require a two-thirds (2/3) majority of the votes cast for and against the motion. In case of No-Confidence Motion against any Governing Board Member, shall be requiring three fourth (3/4) of total numbers of PCI Members Meetings will be chaired by the PCI President or by its authority to a Vice President in his absence The Board may make recommendations to the General Assembly on all motions submitted by PCI councils (i.e. Athletes Council) Minutes (in English) of each General Assembly will be sent to the IPC and should be available upon request by the IPC at any point PCI may invite observers to the General Assembly with no voting or speaking rights. Standing Order The PCI may wish to create a separate document where the administrative and more detailed procedures to follow at General Assemblies is established (e.g. General Assembly Standing Order). This document would not need approval from the GA for its modification. Extraordinary General Assembly An Extraordinary General Assembly (EGA) is a General Assembly called for a special reason in between the regularly scheduled General Assemblies. An EGA may be called by the PCI President, on request of the Board or on demand by at least one-third (1/3) of the total numbers of Members. The procedures for the Notice, Agenda, Quorum etc. shall be same as in case of General Assembly Procedures. Page 13 of 21

14 8. GOVERNING BOARD 8.1. The governance of PCI shall be in the hands of an elected Management Committee which shall be called a Managing Committee / Governing Board. The Governing Board is the representative of the PCI Membership, elected at the General assembly in accordance with nomination and election procedures adopted by the PCI Membership at the General Assembly, conforming to the National Sports Development Code, Government of India The Governing Board must include the following positions : S. No. Name of Post Number of Post 1 President 1 2 Vice-President 2 maximum 3 Secretary General 1 4 Joint Secretary 2 maximum 5 Treasurer 1 6 Committee Members 5 minimum (1 Male and 1 Female Member will be elected by PCI s Athletes Council or equivalent) The Governing Board shall have strength of minimum 12 (preferably odd in no. subject to Maximum 18) 8.3. The terms of Office for a Governing Board Member shall be 4 years from the date of its enactment The terms, conditions and guidelines with regard to duration, tenure, age, re-election, etc. of the Governing Board shall be as per the, National Sports Development Code, Government of India. Page 14 of 21

15 8.5. All Governing Board meetings will be chaired by the President or by his authority to a Vice President In the absence of the President or if required the Vice President will take over the tasks of the President. Responsibilities of the Board 8.7. All the Office Bearers of the Governing Board shall be working on honorary basis without any remuneration The Governing Board shall have the full power of authority to represent the PCI. In exercising this authority, responsibilities of the Governing Board Members shall include: To ensure effective governance of the organization; To interpret the Vision set by the Membership at the General Assembly; To approve the PCI Policies; To ensure that the directions set by the Membership at the General Assembly are implemented; To set the Broad goals of the Strategic Plan and approve it; To Monitor the performance of the delivery of the goals; To decide the PCI s budget subject to the General Assembly s approval; To appoint a Chartered Accountant / CA Firm for auditing PCI is legally represented by the President or two members of the Governing Board acting jointly, of whom one must be the Vice President In the event that one of the elected positions of the Board falls vacant the Governing Board shall have the right to appoint a full voting member to the Governing Board. The Members at the next General Assembly must ratify such an appointment, unless such General Assembly falls in an election year, at which time the electoral process will apply. Page 15 of 21

16 8.11. The President or the Governing Board my co-opt a Member (with no voting right) for a fixed period of time, not exceeding the normal electoral cycle, up to six (6) individuals who shall serve as members without vote. Members may be co-opted in order to ensure that: The Board has members with the necessary set of skill, expertise and capabilities for carrying out their work and to fulfill PCI objectives effectively Representation to the regional / physical disability (.e people with an impairment) and gender balance within the Board preferably should be considered One (1) post for the Promoter of PCI in Governing Board without voting right Nominated Members of IPC / APC of Indian origin shall have no Voting rights. 9. ATHLETES REPRESENTATION The PCI will include representation of Paralympic athletes in the PCI decisionmaking bodies as described below: 9.1. Allow athletes to elect two Governing Board Members Athletes will nominate two Governing Board Members (1 Male and 1 Female) that will represent them with voting and speaking rights, the representing members may not necessarily need to be an athlete Athlete s representation in the Governing Board PCI will form an Athletes Council. In general, the role of the Athletes Council is to provide feedback and advice and report to the Board on behalf and in the interest of the athletes in all PCI matters. Once this Council is formed, the following will apply: Page 16 of 21

17 Nomination procedures should mirror those of the IPC Athletes Council The Athletes Council has the right to submit motions to the General Assembly, through the Governing Board The PCI s Athletes Council will establish a relationship with the IPC and/or Region s Athletes Council The PCI, may make provisions for gender/impairment/sport representation in the Council. 10. FINANCES Management of Funds The Treasurer shall be responsible and custodian for the management of the finances of the Committee and ensure that the accounts of the PCI have been maintained properly and audited regularly The Treasurer shall prepare the Monthly/Annual Budget of PCI and shall present it in the Meeting of Governing Board / General Assembly for its ratification as and when required. The Treasurer should ensure that all the taxes, wherever applicable are properly paid including taxes on purchases, sales if any and the compliance of the Govt. policies for taxes including TDS, VAT, Service Tax, Income Tax, etc. are properly adhered to in accordance to the Government rules applicable from time to time The PCI must have the Bank account, which must: Be registered to the PCI and not to an individual Have access restricted to the Treasurer only with consent by the President or Secretary General or any other Office Bearer as an authorized signatory as per the Governing Board Resolution Be used only within the limits of the object of the Constitution and in accordance with the budget set by the Governing Board. Page 17 of 21

18 Description of Revenue and Expenses A general description of where revenue comes from, which may include, among others : Government funding Sponsors Donations CSR Funds Membership Fee / Subscriptions A general description of what funds are spend on, which may include, among others: Expenses to send athletes to competitions (i.e travel, equipment and competition fees); Training of coaches and classifiers; Promotion of the Paralympic Movement nationally; Administration of a professional office; Membership Fee to the International Paralympic Committee and other International Federations; Accounts and financial reports shall be submitted to the Board annually an available on request at any time by the IPC Accountability to the IPC The audited accounts and financial reports of the PCI shall be available upon request to the IPC and other authorities in accordance with International and National Legislation In order to receive funds from the IPC and Agitos Foundation the PCI Bank account is available to receive and transfer funds internationally The Auditor appointed by the Board should be a Chartered Accountant / recognized auditor to perform an annual audit on PCI accounts, to ensure full compliance and transparency with all the Members and Stakeholders. Page 18 of 21

19 The PCI must be fully compliant with all the financial rules and regulations of the government and other agencies including transparency as per the Law of the Land The Treasurer may create an audited and fiancé committee, which should contain a group of finance experts who can provide recommendations and advice on PCI finances The limited liability of all PCI members regarding the payment of debt and liabilities of the PCI is generally limited to their total membership fee. 11. AMENDMENTS TO THE CONSTITUTION General Assembly The General Assembly shall approve amendments to the PCI Constitution, which shall require a vote of two-thirds (2/3) of the Members present. IPC Approval and Consent The PCI must submit the amended Constitution / Amendment to the Constitution to the IPC for their post facto-approval The IPC should always have the most recent version of the PCI s Constitution in English. Other Authorities and Online Availability The PCI must ensure that the approved constitution is submitted to all relevant authorities; and Is available on the official PCI website. (Note: In the absence of an PCI website, the constitution must be available on request to the general public). Page 19 of 21

20 IPC Consultation The PCI may send any Constitution amendments to the IPC before these are submitted to the General Assembly for their comments and suggestions. 12. LANGUAGE English will be the primary language for the organisaiton Given that the IPC s official language is English official communication with the IPC will be in English The PCI s Constitution will always be available in English. 13. DISSOLUTION OF THE PCI Dissolution may occur by decision of: An Extraordinary General Assembly, called specifically for this purpose, by a two-thirds (2/3) majority vote of the total members. The Assembly shall also decide on the manner of liquidation and the utilization of the remaining assets; or Automatically upon termination by the IPC by recommendation of the IPC General Assembly, subject to applicable Laws of the Land from time to time In case of dissolution of PCI and loss of its current object, the assets of PCI shall revert to a legal person of public law or to another tax-privileged incorporated body for its use in furtherance and support of para-sport. In any event, the assets PCI must be used for tax-privileged purposes after its dissolution. Decisions on the future use of the assets may only be carried out after approval by tax office / Registrar of Societies/ Court directions. Page 20 of 21

21 14. AUTONOMY The PCI shall be held accountable to third party organizations at a national level for the correct use of funds in conformity to the Government of India / State Government Act / Regulations and directions for Non-Profit Organizations. The PCI shall be an autonomous from third party intervention by resisting any kind of external pressure that may impede or threaten PCI s commitment to abide by the IPC Handbook and Government of India directions. 15. JURISDICTION Any litigation or legal proceeding arising out of any transaction in the activities of the Committee for settlement of disputes shall be instituted in the court of New Delhi and/or Bangalore City as per the option of the petitioner irrespective of the venue for cause of dispute. However, the venue for jurisdiction is also subject to the available precedence and directions of the Supreme Court of India or the Apex Courts having jurisdiction from time to time. The Committee shall be represented either by the President or Secretary General / Jt. Secretary or the Treasurer of one of the nominees or other Officer Bearers authorized by the Governing Board. References: IPC Handbook ( ) National Sports Development Code of India, NSDC ( ) National Anti Doping Agency, NADA ( ) Page 21 of 21