Constitution of Non-Resident Nepali Association, 2003 (Including the Amendment of 2013)

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1 PREAMBLE Constitution of Non-Resident Nepali Association, 2003 (Including the Amendment of 2013) A meeting of Non-Resident Nepalis, held in 2003 in London; after a broader discussion, envisioned the need to establish an organization committed to the basic human rights and to work as an independent, non-profit making, non-political, non-governmental and permanent Association to support in the development and promotion of Nepal and to address the interest of the Non-Resident Nepalis residing in different countries of the world as well as to initiate its activities in an organized and coordinated manner through its own organizational structure. As the outcome of that meeting, this Constitution of Non-Resident Nepali Association has been brought to practice to fulfill its aims and objects. CHAPTER-1 1. NAME IN BRIEF: 1.1. This Association will be named as "GAIR AVASEEYA NEPALI SANGH" in Nepali (later known as SANGH) 1.2. The Association (SANGH) in English will be known as "Non-Resident Nepali Association" and in brief as "NRNA". 2. The motto of this Association is 'For Nepali by Nepali'. 3. This Association will have its own Stamp, Logo, Letter Head, and Membership Application Form, Identity Card of Membership and Format of Oath. 4. This Association will be registered in Nepal and its' Secretariat will also be based in Nepal. CHAPTERT-2 5. DEFINITION: If anything else or otherwise is not taken, this Constitution will define the following things accordingly: 5.1 "Non-Resident Nepali" means Foreign citizens of Nepali origin or the Nepali Citizens engaged in business and/or various professions abroad excluding the SAARC countries for the last two years or more; except those Nepali Citizens deputed in the Nepalese Missions by the Government of Nepal or students studying in the foreign Academic Institutions."Foreign citizens of Nepali origin" as stated in this Chapter are the persons who himself or his father, mother, grandfather or grandmother was earlier the citizen of Nepal and later acquired the citizenship of other countries (besides the SAARC countries) "Association" will indicate of 'Non Resident Nepali Association'. Page 1 of 23

2 5.3. "ICC" will identify the International Coordination Council of the Association and in brief "ICC" "NCC" will identify the National Coordination Council of the Association and in brief "NCC" "SAMMELAN" (Conference) will identify the Global Conference of the 5.6 "International General Assembly" will identify the General Assembly of the Association and in brief "IGA". 5.7 "Special General Assembly" will indicate of the Special General Assembly of the Association and in brief "SGA". 5.8 "National General Assembly" will indicate of the Assembly of National Coordination Council and in brief "NGA". 5.9 "Assembly" will identify the assembly of the 'Regional Coordination Councils' formed under the National Coordination Council "Secretariat" will identify the established office in Nepal to conduct the day to day functions of the 5.11 "Office Bearers" will identify the President, Vice Presidents, General Secretary, Secretary, Treasurer, Spokesperson, Regional Coordinators, Deputy Regional Coordinators, Women Coordinator, Deputy Women Coordinator, Youth Coordinator and Deputy Youth Coordinator "President" will identify the President of the 5.13 "Vice President" will identify the Vice President of the 5.14 "General Secretary" will identify the General Secretary of the 5.15 "Secretary" will identify the Secretary of the 5.16 "Treasurer" will identify the Treasurer of the 5.17 "Spokesperson" will identify the Spokesperson of the 5.18 "Women Coordinator" will identify the Women Coordinator of the 5.19 "Deputy Women Coordinator" will identify the Deputy Women Coordinator of the 5.20 "Youth Coordinator" will identify the Youth Coordinator of the 5.21 "Deputy Youth Coordinator" will identify the Deputy Youth Coordinator of the 5.22 "Patron Council" will identify the Chief Patron and the Committee of the Patrons of the 5.23 "Regional Coordinator" will identify the Regional Coordinator of the 5.24 "Deputy Regional Coordinator" will identify the Deputy Regional Coordinator of the Page 2 of 23

3 5.25 "General Member" will identify the General Member of the 5.26 "Registered Member" will identify the Registered Member of the 5.27 "Honorary Member" will identify the Honorary Member of the 5.28 "Associated Member" will identify the Associated Member of the 5.29 "Advisor" will identify the Advisor of the 5.30 "International Executive Secretariat" will identify the committee comprising of the President, Vice Presidents, General Secretary, Secretary, Treasurer and Spokesperson of the Association formed to execute the activities of the International Coordination Council (ICC) efficiently and quickly, likewise the Officials of this Committee will be treated as the Officials of the Executive Committee "Stamp" will identify the Stamp of the 5.32 "Letter- Head" will identify the letter head of the 5.33 "Regional Conference" will identify the Regional Conference of the 5.34 "Global Conference" will identify the Conference to be held in conjunction with the date of IGA and will be known as the Global Conference of the Non-Resident Nepali and in brief "GC" "Committee" will identify the Committee of the 5.36 "Task Force" will identify that Task force, which will be formed by the ICC following the Clause 17.8 of the Constitution of the 5.37 "Registration Fee" will identify all the Fees and Charges to be paid to get registered for participating in the GC or IGA or NGA or the Regional Conference "Singular" word will also cover the "Plural" and "Plural" word will also cover the "Singular" word simultaneously "Masculine" words will also cover the "Feminine" words as well "Person" word will identify the natural and legal both types of persons "Youth" will be termed to as persons who have not crossed 40 years up to the starting day of IGA. CHAPTER-3 6. GOALS: The goals of the Association are to unite the Nepalis residing abroad, promote and safe guard their interests inside and outside of Nepal, mobilize their contributions in the interest of Nepal and function as a non-profit making social organization; and to achieve these goals, the Association, will carry out the following activities: 6.1. To protect the interests of the Nepalis residing abroad and to promote Nepal. Page 3 of 23

4 6.2. To coordinate with the Nepali Associations and Organizations spread all over the world and represent them as a common organization of the Non-Resident Nepalis by establishing a global structure To establish and develop partnership with the Government and private sector of Nepal to utilize the capital and human resources of the Non-Resident Nepalis for the all round development of Nepal To promote Nepali culture and tourism globally To work as the motivator to attract foreign direct investments in Nepal To be active in safe guarding the overall interests and permanency of the Non- Resident Nepalis residing in their relative countries. CHAPTER-4 7. MEMBERSHIP: According to the law and validity of the existence of the Non-Resident Nepali status, the Association will provide the Membership Card to members according to the Annex - 5 of the Constitution of the Membership will be of Four Kinds as described under: 7.1. General Member: Foreign citizens of Nepali origin or the Nepali citizens engaged in business and/or various professions abroad excluding the SAARC countries for the last two years or more; except those Nepali Citizens deputed in the Nepalese Missions by the Government of Nepal or students studying in the foreign Academic Institutions, can be the 'General Member' of this 7.2. Registered Member: The persons, who have acquired the Membership from the NCC or in the absence of NCC from the ICC, can be the 'Registered Member' of this 7.3. Associate Member: A person or an organization of Non-Nepali Origin, who want to support and promote Nepal, can be the 'Associate Member' of this 7.4. Honorary Member: A person, who has contributed significantly in promoting and safe guarding the interest of Non-Resident Nepali, can be designated as the 'Honorary Member' by the ICC of the Page 4 of 23

5 8. PRE-REQUITES FOR THE MEMBERSHIP: Persons fulfilling the under mentioned requirements can be the Registered Member of the 8.1 Apart from Nepali Citizens working in the foreign missions deputed by Nepal Government and students studying in the Foreign Academic institutions; others residing outside the SAARC countries for more than two year are eligible. 8.2 Nepalese Citizen residing abroad or the Foreign Citizens of Nepali origin. 8.3 A person who has crossed the age of 18 years. 8.4 As per the definition of NRN in Clause 5.1 of this Constitution. 9. MEMBERSHIP FEE AND DETAILS OF MEMBERS: 9.1 Registered Membership will be issued by the NCC, Associated Membership will be provided by the ICC on the recommendation of the NCC and in countries where the NCC has not been established the ICC will provide the Associate Membership. 9.2 Registered Membership Fees will be set by the ICC and should be deposited in the ICC account. 9.3 If the NCC considers necessary, it can charge additional fees, which is to be deposited in the NCC account. 9.4 NCC will send the details of its Members to the ICC. 9.5 ICC will maintain the record of all Registered Members of the 10. TERMINATION OF MEMBERSHIP AND THE RIGHTS AND RESPONSIBILITIES OF THE MEMBERS: 10.1 Every Member will have individual rights and accountability which will not be transferable It will be the prime responsibility of the every Member to abide by this Constitution, the Constitution of the NCCs, the decisions of the Association and support in achieving the goals of the Association to the Member's fullest potentials Registered Members will have the right to participate in the related NGA meetings, to be the candidate for any post to get elected or vote and to be nominated as the Representative to participate in the IGA meeting. Ordinary Members have to acquire the Registered Membership to participate in the relative NGA meeting or in any level of Assembly of the 10.4 Honorary and Associate Members will have the right to participate in the NGA, Global Conference and IGA, but they will have no right to be a candidate for any post of the Association as well as to vote in any election of the Page 5 of 23

6 10.5 The Membership of Non-Resident Nepali Association will be terminated under the following conditions: Termination of the status of the Non-Resident Nepali in accordance with the Law Death of the Member In case of action taken by the NCC according to the Constitution and if approved by the ICC Any Registered Member can tender an application for resignation from the membership a month in advance to the President of the NCC and if approved, then the Registered Membership will be terminated from the date of approval. CHAPTER GLOBAL CONFERENCE: ICC will organize the Global Conference of the Association once in every two years by finalizing the Time, Venue and Agenda in conjunction with the date of IGA. 12. REGIONAL CONFERENCE: ICC can organize the Regional Conferences in different parts of the world every two years; but not in the year in which the Global Conference takes place, in order to understand better the situation and reality of the Non-Resident Nepali residing in different regions of the world as well as to promote and preserve their interests and rights. 13. INTERNATIONAL GENERAL ASSEMBLY (IGA): The Representatives nominated by the NCCs, the Office Bearers and the ICC Members, Advisors of the ICC, the designated Observers by the ICC and Associate Members can participate in the IGA but the Observers and the Associate Members will have no rights to vote or forward their name for candidature IGA will be the Supreme body of the Association and will be held at least once in two years If deemed necessary, the ICC can delay or postpone the IGA but not for more than 6 months The formal declaration of Date and Venue of the IGA and the Global Conference must be made three months prior Registered Members have to register their name in a formal way with the NCC within a specified period as stipulated by the ICC to participate in the IGA. Though registered, they have to be nominated as the Representative for the IGA according to the Clause 13.8 of this Constitution. Page 6 of 23

7 13.5 Registered Member from countries where the NCCs have not been established can register their name in a formal way to attend the IGA with the ICC within a stipulated period Registered Member has to submit the Registration Certificate issued by the NCC to attend the IGA The existing Office Bearers and Members of the ICC can automatically participate and exercise their rights to vote in the IGA but their status as NRN must be prevailing NCC can select one Representative for every ten Registered Members to participate with voting right in the IGA and the total number of such selected Representatives for IGA should not exceed One Hundred; excluding the existing Office Bearers and the Members of ICC. 14 THE FUNCTIONS OF IGA WILL BE AS DESCRIBED UNDER: 14.1 To evaluate the activities of the ICC and give directives to the ICC To elect the Office Bearers of the ICC To formulate policies to achieve the goals of the 14.4 To amend the Constitution of the Association; if deemed necessary To form and develop the policies and programs of the 14.6 To approve the reports of the different Departments, Committees and the NCCs of the 14.7 To approve different reports of the ICC along with the activities for the two year tenure as well as the Audit Report. 15 SPECIAL GENERAL ASSEMBLY OF THE ASSOCIATION (SGA): If demanded by the general majority of the members of the ICC, a Special General Assembly can be called at any time and the Special General Assembly must be held within three months from the date of announcement. The SGA will be chaired by the President of the ICC and in his absence; one Vice President among the two, as decided by the ICC, will chair the SGA. The representatives as stated in the Clause 13.8 of the Constitution will be eligible to attend the SGA. Discussion can only be held on the contexts proposed while tendering the request for the SGA. CHAPTER PATRON'S COUNCIL: Patron Council, comprising of One Chief Patron and not more than four Patrons, can be formed by the ICC for a term of two years; from among those personalities who have made valuable contribution earlier as the members of the ICC. The main responsibilities of the PATRON COUNCIL is to contribute in the interests of Non-Resident Nepali Association Page 7 of 23

8 and the Non-Resident Nepalis, strengthen the global structure of Non-Resident Nepali Association and to unite the Non-Resident Nepalis residing all over the world; considering the broader spirit of Non Resident Nepali 16.1 Right of the PATRON COUNCIL: To participate in all levels of activities of NRNA To have access to all information on NRNA Can attend the ICC meeting but, neither can they vote nor will their presence be valid for quorum In case of the idleness of the ICC or controversial due to extreme dispute, which may lead to the fraction in the Association, the Patron Council can direct the ICC to call a meeting and if such meeting cannot be held or if the ICC does not abide by the Patron Council's directives, then the Patron Council can call a meeting of all NCC Presidents and provide patronage to the 16.2 Functions of the Patron Council: To conduct activities according to the policies of the To contribute in implementing the programs undertaken by the To represent the Association in different national and international level institutions or forums on various issues as per the request of the To conduct other functions as assigned by the 17. International Coordination Council (ICC): 17.1 There will be an Executive Body termed the ICC to implement the programs and policies approved by the IGA The ICC will comprise of the following Office Bearers (Executive Committee): President - 1 Vice President - 2 General Secretary - 1 Secretary - 1 Treasurer - 1 One Regional Coordinator and not more than Two Deputy Regional Coordinators from each Regions of Asia Pacific, Europe, Middle East, North-South America, Africa and Oceania (Clarification - One each from those Regions which have less than Ten NCCs and Two each from Regions that have more than Ten NCCs) Women Coordinator - 1 Deputy Women Coordinator - 1 Page 8 of 23

9 Youth Coordinator - 1 Deputy Sub Coordinator -1 Elected Members from the NGA of each NCC. Co-opted Members -15 (According to the Sub Clause of this Constitution of the Association). Nominated Spokesperson -1 (According to the Clause of this Constitution) In case of the numbers of the Registered Members in the ICC, relative NCC will elect the Registered Members from its NGA considering the principle of at least One person at the ratio of Ten to One thousand and in case of more than that One person at the ratio of one Thousand each, but that should not exceed more than five If, according to the Clause 17, any NCC has Two or more Members elected for the ICC then the relative NGA will depute one Member for providing regular reports of the NCC to the ICC, Member for implementing the decisions and directives of the ICC within the NCC and Member for disseminating information from the ICC to the NCC. For the remaining NCCs, the elected Member has to accomplish all the responsibilities as stated in this Clause Eligibility and qualifications for being the President, Office Bearers and Members of the ICC: To be eligible for the post of the President, Office Bearers and Members of the ICC, one should be a Foreign citizen of Nepali origin as per Clause 5.1 of the Constitution of the Association; if a Nepali citizen, then should have resided for more than two years abroad excluding the SAARC countries and should not be deputed by the Nepal Government to Foreign Missions and a student studying abroad. To be a candidate and/or to participate in the ICC election, nomination from the NCC as per Clause 13.8 is required; candidate should be residing abroad and a Registered Member of the NCC as per the Constitution of the Candidacy can be disqualified even after being elected; if found not to comply with the status of NRN as per Clause 5.1. Candidates for the ICC election should present recommendation from the concerned NCC verifying the candidate's residency for more than two years in the respective country with supporting evidence as per Clause 5.1 of this Constitution and if such documentation cannot be presented than the candidacy will be automatically disqualified The candidate for President should have completed at least one term of office as the Office Bearer or Member of the ICC. Page 9 of 23

10 Except the President, to be eligible for other Office Bearers post, the Candidate should have completed one term as the Office Bearer or ICC Member or be in the Executive Committee of the NCC To be a Member of the ICC, the candidate should have completed one term of office as the Office Bearer or Member of ICC or Member of any NCC. This will not be applicable in case of the Co-opted Members according to the Sub Clause of this Constitution ICC has the right to make the Rules and Regulations, if required, according to the Constitution of 17.7 ICC has the right to form the NCC as need be and to dissolve or extract the assent if deemed necessary under the below stated conditions In case of refusal to proceed according to the goals of the Association, unless restricted by the Local Laws of the country In case of not abiding by the directives of the ICC Not holding the National Assembly within one year of the formation of the Ad-hoc Committee ICC will have the following rights: To form Different Departments and name them. To formulate required Rules and Regulations for the Departments. To form different Committees, if required. To appoint the employees and fix the terms and conditions including remuneration. A permanent committee called Knowledge, Skill and Technology may be created under this Council ICC can also appoint Advisors from among the Nepali and Non-Nepali distinguished Experts from various fields to advice for the better interest of the Association and of Nepal and the Nepali peoples ICC can appoint a Spokesperson to disseminate information publicly on the Association's activities, issues and views ICC can monitor the activities and issue directives to the NCCs, Secretariat, Departments and other established Organizations of the In special cases, when NCC is unable to follow the directives of ICC due to special reason of the country where the NCC is established, then the NCC can request for reconsideration If deemed necessary, the ICC can form Special Committees and formulate their authority and duties, but such type of committees will not have the right to perform any responsibilities specially assigned to the ICC and other Committees of Page 10 of 23

11 17.13 ICC will organize the IGA, Regional Conferences and Global Conference of the The tenure of the ICC will be for two years. 18. MEETINGS OF THE ICC: 18.1 Generally the meetings of ICC will be held once in three months. As per the need the meetings can be conducted physically or through cyber or video conference The Office Bearers of the Association will formulate the working procedures of the meetings Presidents of NCCs can participate as the Observers. 19. INTERNATIONAL EXECUTIVE SECRETARIAT (IES): 19.1 To execute the activities of the ICC efficiently and effectively, the Association will have an International Executive Secretariat (IES) The IES will consist of the President, Vice Presidents, General Secretary, Secretary, Treasurer and the Spokesperson of the 19.3 In case of not happening of the ICC meeting immediately and if it is essential to take the decisions and actions, then IES can decide and implement as per the mandate given by the IGA. The decisions made by the IES will be treated equal to the decisions made by the ICC but those decisions should be approved by the coming ICC meeting. If not approved by the ICC meeting, then the decision of the ICC meeting will be applicable. 20. SECRETARIAT: 20.1 To handle the day-to-day functions of the Association, the Secretariat of Association will be based in Katmandu, Nepal The Secretariat will have One Executive Director, One Communication and Administrative Officer, One Account Officer and the Employers will be appointed by the ICC according to the need The Secretariat of the Association will operate according to the policy and directives of the ICC The Executive Director can take part in the ICC meeting but will not be entitled to vote. 21. ELECTION PROCESS: 21.1 ICC will form an Election Committee at least three months prior to the Election; comprising of One Election Commissioner along with a maximum number of Seven Page 11 of 23

12 Members; considering regional representation, to conduct the election according to the "Election Rules and Regulations" of the 21.2 The Election of the Office Bearers of the ICC will be held through the participation of all the attending representatives in the International General Assembly. The Members of the ICC will be elected by the relative NGA of the NCC. The Regional Coordinator and the Deputy Regional Coordinators will be elected only from among and by the related Regional Representatives in the IGA and the Spokesperson of the Association will be appointed by the ICC according to the Clause of this Constitution The President of the Association will not be eligible to be elected for more than two consecutive terms of tenure If the post of the Office Bearers of the ICC accidentally falls vacant, then ICC can appoint for the remaining tenure. In case of the Members of the ICC, the respective NCC is to decide As per Clause 21.4, if it is the post of President, then that will be filled from among the two Vice Presidents, but in the case of other Office Bearers, the ICC will decide. If any executive of NCC is elected in the ICC, then his NCC post will be automatically vacant and the respective NCC will nominate a member in that post. 22. RIGHTS AND DUTIES OF THE OFFICE BEARERS AND EXECUTIVE MEMBERS OF THE ICC: 22.1 PRESIDENT: To work as the Chief Executive Officer of the To Chair the Open Session of the ICC, Global Conference and General Assembly Excluding appointments made by the ICC, to appoint the Members of the different Departments and Committees To abide by the Constitution and the Code of Conduct approved by ICC and fulfill the responsibilities as assigned by the ICC To caste the Concluding Vote (in case of equal- vote on any issue) To assign responsibilities to the Office Bearers of the ICC To get information and Periodical Details of the activities of the relative Regions through the respective Regional Coordinators and provide them with required directives VICE PRESIDENTS: To support the President accordingly in providing leadership to the Page 12 of 23

13 To fulfill the duties and responsibilities in absence of the President as assigned by the President or the ICC To fulfill the duties and responsibilities as assigned by the ICC To abide by the Constitution, Bylaws and Code of Conduct approved by the ICC GENERAL SECRETARY: To coordinate all the activities and functions of the ICC and the To conduct the meetings of the IGA, Global Conference and the ICC and maintain the records of the decisions of those meetings To keep the record of the Association and to issue the letters to the NCC through the Regional Coordinators To prepare the Organizational Progress Report one month prior to the IGA and circulate it in NCCs for discussion To fulfill the other duties and responsibilities as assigned by the Association, IES or the ICC and to abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC To monitor the duties and functions of the employees of the Secretariat of the 22.4 SECRETARY: To support the General Secretary according to the need In absence of General Secretary, fulfill the duties and responsibilities as assigned by him To abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC TREASURER: To acquire and take the responsibility of the Funds of the Invest and disburse Funds in accordance with the rules and regulations of the Association and the directives of the ICC To propose various mechanism to increase the Funds of the To prepare and present proposals of detailed Fund source and resource mobilization for the different programs identified by the IGA and the ICC To prepare and present the projected budget for the programs approved by the IGA, Regional Conference and the ICC To provide required support in maintaining uniformity with the ICC in the management and financial record keeping of the NCC. Page 13 of 23

14 To give needful directives to the Accounts Officer of the Secretariat, prepare the required Monthly and Annual reports including Annual Accounts Report and also complete the Auditing by the appointed auditor in accordance with the Article 27 of this Constitution To make available the Half Yearly Financial Report to the Office Bearers, Members of ICC and NCC Prepare the Financial Report to be presented by the Treasurer in IGA one month ahead and forwarded to the NCCs To abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC SPOKESPERSON: To inform about the views of the Association and the activities of the ICC To coordinate between the ICC and the media To disseminate information to different Medias about the activities of the Association from time to time To fulfill the other duties and responsibilities as assigned by the President, the IES and the ICC To abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC REGIONAL CO-ORDINATOR: The Regional Coordinator, elected according to the Clause 17.2 of the Constitution, functions as the Chief of the Related Region To gather the information about the activities of the related NCCs of the region from the related ICC Member To call the Regional meetings according to the need and preside over those meetings Produce and present the Half Yearly Report of the activities of the Region to the President To give directives to the related Members of the Region to implement the decisions of the ICC To prepare and present proposals related with the preparation of the Regional Conference and other matters that need to be approved by the ICC To establish NCC in the Region and coordinate among the NCCs To abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC DEPUTY REGIONAL COORDINATOR To provide required support to the Regional Coordinator. Page 14 of 23

15 To fulfill the duties and responsibilities as assigned by the Regional Coordinator in his absence To abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC WOMEN CO-ORDINATOR: To Unite the Non-Resident Nepali women residing throughout the world and effectively utilize and manage their collective efforts to expand and strengthen the women network for the welfare of Nepal and the Nepali people To coordinate with the nominated Women Coordinators of different NCCs, collect their Periodical Reports and provide the needful support in identifying different programs related with the women With the support of the NCC and under the leadership of the NCC Women Coordinator, efforts should be made to expand the NRN women network in other NCCs To participate in the ICC meetings and present Periodical Reports related to the women activities to the ICC To implement the decisions of the ICC through the Women Forum formed in different NCCs Fulfill the duties and responsibilities as assigned by the ICC and abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC DEPUTY WOMEN COORDINATOR: To provide required support to the Women Coordinator In the absence of Women Coordinator function as directed by her To fulfill assigned responsibilities and abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC YOUTH COORDINATOR: To Unite the Non-Resident Nepali youths residing throughout the world and effectively utilize and manage their collective efforts to expand and strengthen the youth network for the welfare of Nepal and the Nepali people To coordinate with the nominated Youth Coordinators of different NCCs, collect their Periodical Reports and provide the needful support in identifying different programs related with the youth To participate in the ICC meeting and present Periodical Reports related to the youths to the ICC To implement the decisions of the ICC in the relative Regions. Page 15 of 23

16 To fulfill the duties and responsibilities as assigned by the ICC and abide by the Constitution, Bylaws and the Code of Conduct approved by the ICC DEPUTY YOUTH COORDINATOR: To provide the needful support to the Youth Coordinator In absence of the Youth Coordinator, fulfill the duties as directed by him To undertake other assignments and abide the Constitution, Bylaws and the Code of Conduct approved by the ICC MEMBERS: To represent the respective NCCs in the ICC To Present Half Yearly Report on the implementation of directives given by the NCC and the activities undertaken by NCC incorporating the Member's views to the Regional Coordinator To fulfill the duties and responsibilities assigned by the relative Regional Coordinator To coordinate activities to be conducted by the NCC and submit various proposals To participate in the NCC meetings To participate in the ICC meetings To implement the decisions approved by the ICC To abide by Constitution, Bylaws and the Code of Conduct approved by the ICC CO-OPTED MEMBERS: ICC can Co-opt not more than 15 Members including at least 5 Women Representatives for a fixed period, whose tenure will automatically end with the tenure of the ICC Individuals that have been nominated for their ability to contribute on various issues at the Central Level according to the Clause of this Constitution should fulfill the duties and responsibilities as assigned by the ICC. CHAPTER NATIONAL CO-ORDINATION COUNCIL (NCC): 23.1 A minimum number of Ten Non-Resident Nepali residing in one country can form a NCC in their country of residence Within the broader frame work of this Constitution, a NCC can be registered according to the Local Laws of the Country of establishment The formation of the NCC and the structure of Executive Committee will be as follows. Page 16 of 23

17 President -1 Vice President General Secretary Secretary Treasurer Spokesperson Women Coordinator Youth Coordinator Members 23.4 NCC can finalize the numbers of its Executive Committee and Members according to the Geo-Political condition and need of the concerning country. The NCC will also have the authority to nominated Members according to the number of the Members. One Women and One Youth Coordinator will have to be compulsorily nominated from among the Members and their status will be equal to that of the Executive Committee Members. The Executive Committee of the NCC will not include the Members. If needed, the NCC can nominate a Spokesperson In accordance to this Constitution, NCC will enjoy maximum autonomy in fulfilling the Aims and Goals of the Association associated with their respective countries of establishment The changes made from time-to-time, according to the need in the Articles of this Constitution and in the Rules and Regulations related with the ICC; will be encompassed in the activities of the NCC The Letter-Head, Format of Oath, Stamp of Office, Application Form for Membership, Identity Card of the Member and Logo of NCC will be as mentioned in the Annex o f this Constitution NCC will have its own Separate Constitution as approved by the NGA, but in case of deviation or differences with the ICC, the ICC Constitution will prevail The tenure of the Executive Committee of the NCC will be of 2 years The NGA will be conducted according to the Rules and Regulations and Code of Conduct of the ICC. 24. NATIONAL GENERAL ASSEMBLY (NGA): 24.1 Every NGA of the NCC should not be conducted before six months from the date of the IGA and the Global Conference and the NGA will elect the Member of the ICC to represent the NCC in accordance with the Clause 17.3 of this Constitution The NGA will be held once in Two years Registered Members of the Association will have the right to participate in the NGA of their country of residency. Page 17 of 23

18 24.4 The NGA will elect the Executive Member for the ICC from among its Registered Members to participate and represent the NCC in the IGA. 25. RIGHTS AND DUTIES OF THE NCC: 25.1 The NCC will have the right to issue the Registered Membership of Association to the Non-Resident Nepalis residing in that country The NCC can establish, issue directives and also dissolve the Regional or Branch level committees abiding by the broader spirit of this Constitution NCC can suspend or remove any Registered Members of the NCC if found working against the spirit of the Associations or disobeying the Constitution of the NCC. The suspended or removed Registered Member can apply within 30 days for hearing in the ICC, against the action taken by the NCC and the decision of the ICC will be final The NCC will have to present the Half Yearly Reports of all its activities undertaken by the NCC to the Regional Coordinator The NCC can fix the Registration Fee for the NGA The NCC will have to send the details of Registered Members and Membership Fee to the ICC Secretariat within a specified date by the ICC The NCC will have to keep the record of the Registered Members attending the IGA and the Global Conference of the Association and send that to the ICC Secretariat. CHAPTER FUNDS OF THE ASSOCIATION: 26.1 The Funds of the Association will cover the following amounts: Registered Membership Fee Donation received from different persons and institutions. Grant from NCCs. Funds generated from the different activities of the 26.2 All the funds of the Association will be managed by the Treasurer in the guidance of the ICC and the ICC has the right to control or approve the expenditure in the interest of the 26.3 The ICC will deposit the funds in its Bank Accounts, which will be operated by the joint signature of the President and Treasurer or by the nominated representatives of the President and Treasurer and both will be held responsible for the work done by their representatives The ICC can establish the under mentioned Funds for the different purposes: Page 18 of 23

19 GENERAL FUND: The ICC will establish One General Fund to bear all the expenditure of the Association, consisting of the Registered Membership fee, amounts received from the Publication of Association, Grants received and amount collected from the different activities conducted by the ICC and the NCC SOCIAL WELFARE FUND: The ICC can establish a Social Welfare Fund to conduct special type of Social Welfare Projects. The sources of this fund will be the Grant received from any Association, Company, other Institutions and Individuals and the ICC can from a Special Committee to monitor such Projects MISCELLANEOUS FUNDS: The ICC, if deems necessary, can also establish different Funds in order achieve the goals of the 27 ACCOUNTS OF THE ASSOCIATION AND AUDIT Income and Expenditure details of the Association will be maintained in accordance with the Accounting System as followed by the Government of Nepal. The Auditing of the accounts of the Association will be done by a Licensed Auditor appointed by the General Assembly of the Association, whose remuneration also will be fixed by the General Assembly. A copy of the Annual-Audit Report of the Association will be submitted to the Ministry of Foreign Affairs. In case of the book keeping and the activities of the Association, Ministry of Foreign Affairs can monitor and give necessary directives and it will be the duty of the Association to fulfill that. 28 BANK ACCOUNT: The Bank Account of the Association will be handled by the ICC in accordance with the Clause 26.3 of the Constitution of the CHAPTER 9 29 AMENDMENT OF THE CONSTITUTION: 29.1 The ICC can form a Committee to produce a Proposal to change, add and withdraw, remove and amend any Article, Clauses and Sub Clause of the Constitution. Incase such condition does not arise, then 25% of the Office Bearers of the ICC can propose for Amendment and such proposal can be presented in the IGA through the ICC and it must to be approved by the two-third majority of the representatives attending the IGA. Page 19 of 23

20 29.2 In case of approval for amendment in the Article, Clauses and Sub Clauses of the Constitution, it will be effective only after the approval of the Ministry of Foreign Affairs. 30. REMOVAL: Any Office Bearers or Members of the ICC will be forced to resign, if found guilty of ill conduct and harming the If such Member refuses to resign, then he can be removed by the general majority of attending members of the ICC meeting. Prior to this action, he will be provided the opportunity to forward a clarification within 30 days and for this purpose the ICC can form a Disciplinary Committee. 31. INTERPRETATION OF THE CONSTITUTION: The ICC will form a Three-Member Constitution Interpretation Committee, which will have the right to interpret the Constitution and the interpretation will be final. 32. COORDINATION WITH OTHER INSTITUTION & ORGNISATIONS: The Association can coordinate with Nepali and Non-Nepali Association and Organization to achieve the goals of the Associations as mentioned in this constitution. 33. DISSOLUTION OF THE ICC: The ICC will be dissolved if the general majority on the all Registered Members approves the proposal of dissolution of the ICC. Within Three months of the dissolution of the ICC, a Special General Assembly meeting must be called, which will then complete the election of the New ICC. 34. DISSOLUTION OF THE ASSOCIATION:- The Association will be dissolved in case 75% of the NCCs worldwide get approval from 75% of the Members in their NGA for the dissolution of the Association or if the Association cannot function according to this Constitution. After the dissolution of the Association the assets of the Association will be transferred under the ownership of the Government of Nepal, who will then be responsible to clear the Association's liabilities amounting to the value of the Association's assets. The decision of the dissolution of the Association will come into effect only after the six months from the date of approval of the ICC. 35. LAWS TO PREVAIL: If any Provision of this Constitution differs or contradicts with the existing Law of Nepal then the Law of Nepal will prevail. Page 20 of 23

21 ANNEX-1 LOGO OF THE ASSOCIATION: Within the two Half Circles 'NRNA' will be inscribed in BOLD letter of the Roman Script and above that the 'Rising Sun' will be amidst the two Himalayan Range and in the lower inner part of the Half Circle, the words 'Non-Resident Nepali Association' written in Arch shape in the capital letters of the Roman Script will be the Logo of the Association as shown below: CLEARIFICATION OF SIGNS IN LOGO: 'The Rising Sun' indicates of the DISIRE of the Non-Resident Nepalis, Two Himalayan Range represents 'NEPAL', 'NRNA' represents the 'NON-RESIDENT NEPALIS', 'Non- Resident Nepali Association' represents the Institution and Two Half Circles represent the 'EARTH OR UNIVERSE'. FORMAT OF OATH: ANNEX-2 I, with sincerity and all my conscience, take this oath of office; that I will obey this Constitution and all the rules and regulations within this constitution. I will never misuse the powers bestowed to me by this Constitution and never breach the secrecy of the office. I commit myself to always uphold with highest priority; the values and the integrity of the ANNEX-3 STAMP OF ASSOCIATION: ICC and NCC's stamp will consist of two Half Circles; where 'NRNA' will be inscribed in BOLD letter of the Roman Script and above that, the 'Rising Sun' will be amidst the two Himalayan Range and in the lower inner part of the Half Circle, the words written in Arch shape in the capital letters of the Roman Script 'Non-Resident Nepali Association' will be the Stamp of the Association as shown below: Page 21 of 23

22 In the case of NCCs Logo and Stamp, 'NCC- Country Name' is to be written in BOLD Roman Script in between 'NRNA' and the lower inner circle, where the words in Arch shape in the capital letters of the Roman Script 'Non-Resident Nepali Association' is written as shown below: ANNEX-4 LETTER HEAD OF THE ASSOCIATION: Page 22 of 23

23 FORMAT OF MEMBERSHIP CARD: ANNEX-5 Photo of the member ANNEX-6 FORMAT OF MEMBERSHIP FORM: -THE END- Page 23 of 23

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