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Updated 20 April 2008
1.0 TITLE
There is hereby established a Council of all Khoja Shia Ithna-asheri Muslim Communities in Europe, to be called The Council of European Jamaats hereinafter referred to as 'The Council'.
2.0 MEMBERSHIP
2.1 Any Khoja Shia Ithna-asheri Community or organisation having a constitution and established in Europe shall be eligible to membership of the Council.
2.2 Any application for membership of the Council shall be approved upon the said application receiving the approval of two-thirds in number of the member Jamaats.
2.3 Any member may withdraw its membership of the Council by giving written notice to the Secretary General.
3.0 AIMS AND OBJECTS
The aims and objects of the Council shall be:
3.1 To promote the Shia Ithna-asheri faith;
3.2 To relieve poverty;
3.3 The advancement of education; and
3.4 To promote the welfare of the elderly by the provision of recreational outings and health advice.
4.0 SUBSCRIPTIONS
4.1 Each member jamaat shall pay such annual subscription proportional to its own population, determined by the Council from time to time.
4.2 Such subscription shall be paid to the Hon. Treasurer on 1 January of each year.
4.3 Members failing to pay their subscription within the first quarter of the term shall forfeit their voting rights as members of the Council until such time as the arrears are settled in full.
5.0 POWERS OF THE COUNCIL
5.1 The Council shall have the power to take all lawful steps in furtherance of the aims and objects set out above and in particular the power to:
5.1.1 Make bye-laws, which are not repugnant to the principles of the Shia Ithna-asheri faith.
5.1.2 To appoint such committees and subcommittees as may be necessary to achieve its aims and objects and to assign to them duties and to delegate to them such powers as may be necessary.
5.1.3 To create, receive, raise and invest funds, and to buy, sell, build and own properties in furtherance of the said aims and objects.
5.1.4 To raise funds (but not by means of taxable trading);
5.1.5 To borrow money and give security for loans (but only in accordance with the restrictions imposed by the Charities Acts);
5.1.6 To make grants or loans of money and to give guarantees; and
5.1.7 To establish or acquire subsidiary companies to assist or act as agents for The Council.
5.1.8 To propagate and promote the religious, social, educational and humanitarian teachings of the Shia Ithna-asheri faith;
5.1.9 To coordinate religious schools within the membership and through this to encourage and promote Islamic education;
5.1.10 To promote and facilitate the performance of Hajj within the membership;
5.1.11 To coordinate movement of aalims within the membership and assist members in harmonising and standardising contracts and conditions of employment of aalims;
5.1.12 To strive for unity and coordination of activities amongst the members and settle any differences and disputes between them;
5.1.13 To develop policy measures for implementation by members to uplift the Shia Ithna-asheri Community in all spheres of life and in particular:
5.1.13.1 To involve members in the field of marriage matchmaking, reconciliation and other affairs related to matrimony, thereby promoting closer association between families.
5.1.13.2 To organise coordination of youth movements and generally recognise and support the special problems related to the youth and assist and encourage them to solve these;
5.1.13.3 To unite, coordinate, assist and encourage activities of the elderly within the membership;
5.1.13.4 To affiliate with and/or become a member of such other institutions as the Council may deem fit.
5.2 The date and venue of each Council meeting will be decided by the Council.
5.3 Subject to the following provisions of this clause the Constitution may be altered by a resolution passed by not less than two thirds of the votes among members present and voting at a Council meeting, the votes that each member has will be in accordance with clause 17.2 herein below. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed
5.4 No amendment may be made to the Constitution which would have the effect of making the Council cease to be a charity in law
5.5 The Council should promptly send to the Charity Commissioners a copy of any amendment made to the Constitution under this clause.
5.6 No amendment may be made to clause 1 (the name of the Council), clause 3 (the clause setting out the aims and objects), clause 20 (the dissolution clause) or this clause, without the prior consent in writing of the Charity Commissioners.
6. THE EXECUTIVE COMMITTEE
6.1 The Council shall be managed and administered by the Executive Committee. The Executive Committee shall be the body of trustees in accordance with the provisions of the Charities Act 1993 (or any statutory re-enactment or modification thereof).
6.2 The Executive Committee shall consist of the following office bearers:
i) President
ii) Vice President
iii) Secretary General (nominated by the President)
iv) Honorary Treasurer
v) 4 Elected Councillors
vi) 2 Nominated Councillors (nominated by the President)
vii) Immediate Past President
6.3 The Executive Committee shall hold office for a period of two years to be elected (save for the Secretary General, nominated councillors and the immediate past president) at a General Meeting of the Council, and from amongst the representatives present at that meeting.
6.4 The Executive Committee shall execute the decisions of the Council.
6.5 The Executive Committee shall have power to discuss, formulate and recommend to the Council such policies and/or actions as are likely to facilitate the attainment of the aims and objects of the Council.
6.6 The Executive Committee shall meet every eight weeks.
6.7 The Executive Committee shall have power, subject however to a maximum limit set by the Council to incur all expenses necessary for the proper management of the said Council provided that the Executive Committee shall not have any power to borrow funds for carrying out the various activities of the Council.
6.8 Every Committee and subcommittee appointed by the Council [pursuant to the provisions of clause 5.1.2 herein above] shall consist of at least one member of the Executive Committee who shall regularly report to the full Executive Committee at its regular meetings, except that the Committee appointed to run the European Hajj Mission shall have at least two members of the Executive Committee and they shall have similar obligations in relation to reporting to the full Executive Committee.
7. THE PRESIDENT
7.1 The candidate for the post of the President shall be nominated by a member.
7.2 The President shall be the administrative head of the Council and shall preside over all meetings. He shall have a casting vote in addition to a deliberative vote at all meetings. In his absence, the Vice President shall preside over meetings and shall exercise the powers of the President. In the absence of both at any meeting, the members present shall elect a Chairman from amongst themselves who shall exercise the powers of the President.
7.3 The President shall appoint the Secretary General who shall hold office at the President's pleasure.
7.4 Where a person has served two full consecutive terms as the President, he shall not be eligible to be re-elected for the third term, but may be elected thereafter.
7.5 The President shall have power to nominate two Councillors from members who are not represented on the Executive Committee to achieve as far as possible, balance of representation therein.
7.6 The President shall counter sign if he considers it appropriate to do so, any document, cheque, money order, or postal order submitted by the Treasurer for signature. 8. THE VICE PRESIDENT
8.1 If the office of the President becomes vacant owing to his resignation, incapacity, death or otherwise, the Vice President shall assume the office of the President for the remaining period of the President's term and exercise all the powers and functions of the President.
8.2 In the absence of the President, the Vice President shall counter sign if he considers it appropriate to do so, any document, cheque, money order, or postal order submitted by the Treasurer for signature.
9. SECRETARY GENERAL
9.1 The Secretariat of the Council shall be based at an address to be determined by the Council. The Secretary General appointed by the President shall manage the Secretariat.
9.2 The Secretary General shall have power to appoint such number of assistants as may be necessary to run the Secretariat. He shall:
9.2.1 be responsible for giving notices of all meetings.
9.2.2 prepare the agenda of all meetings in consultation with the President.
9.2.3 record, maintain and distribute full and proper minutes of all meetings.
9.2.4 deal with all correspondence in accordance with the direction of the Council, Executive Committee or President, whichever is applicable.
9.2.5 prepare an annual report on the activities of the Council and present at the annual meeting of the Council.
9.2.6 maintain and update regularly a register of members.
9.3 In the absence of the President, the Secretary General shall counter sign if he considers it appropriate to do so, any document, cheque, money order, or postal order submitted by the Treasurer for signature.
10. HON TREASURER
10.1 The Hon Treasurer shall be responsible for all financial transactions of the Council and maintain all proper financial records.
10.2 He shall forthwith deposit all Council Monies with the Council bankers, as directed by the Council.
10.3 He shall keep account of receipts and payments and present summaries thereof at Council and Executive Committee meetings.
10.4 He shall present at the annual meeting of the Council, audited accounts comprising of a statement of income and expenditure, balance sheet and supporting notes thereof.
10.5 He shall be responsible for collection of all subscriptions and levies from member Jamaats.
10.6 The Treasurer shall sign all cheques, money orders, postal orders and all other such documents and shall submit the same for counter signature to the President, or in his absence, the Vice President, or the Secretary General.
11. ACCOUNTS
11.1 The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to:
11.1.1 The keeping of accounting records for the charity;
11.1.2 The preparation of annual statements of accounts for the charity;
11.1.3 The auditing or independent examination of the statements of accounts of the charity; and
11.1.4 The transmission of the statements or accounts of the charity to the Charity Commissioners.
12. Annual Report
The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Charity Commissioners.
13. Annual Return
The Executive Committee shall comply with their obligations under the Charities Act 1992 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual return and its transmission to the Charity Commissioners.
14. MEETINGS
14.1 The Council meetings shall be held every six months. The Secretary General shall give notice of the date and place of such meetings at least 30 days prior to the meeting, with an agenda of business to be conducted.
14.2 The Secretary General shall give 14 days' notice of the time and place of the meeting of the Executive Committee, such notice to include the agenda of business to be conducted.
14.3 Members shall be entitled to have items added to the agenda of Council meetings if submitted to the Secretary General at least 45 days before the meeting, except that any member wishing to propose an amendment to this Constitution shall give notice thereof to the Secretary General to reach him at least 60 days prior to the meeting of the Council at which such an amendment is sought to be moved.
14.4 In the event of any emergency the President may direct the Secretary General to convene a meeting of the Council on at least 7 days' notice and a meeting of the Executive Committee on at least 2 days' notice.
14.5 Except where otherwise expressly provided in the Constitution, all decisions taken at Council meetings will be on majority basis.
15.0 QUORUM
15.1 The quorum for Executive Committee meeting shall be 4 elected members, and for meetings of the Council, the quorum shall be 40% of the number of representatives entitled to attend the meeting.
16. ELECTIONS
16.1 All nominations for the post of the President shall be submitted to the Secretary General at least 40 days prior to the election meeting of the Council.
16.2 In the event of the Secretary General receiving two or more nominations for the post of the president, then election shall take place at the election meeting of the Council.
16.3 In the event of the Secretary General not receiving any nominations within the time limit stipulated in clause 16.1, nomination and election of the President shall take place at the election meeting.
17. VOTING
17.1 Each member shall be represented in the Council by its President, Hon. Secretary and one person appointed by the member jamaat. In the event of the inability of any of them to attend, they may be substituted by any other person(s) appointed by the member jamaat.
17.2 Each member shall have 2 votes per its own population of 500 or part thereof and 2 additional votes per each additional 500 or part thereof, but not exceeding a maximum of 10 votes.
17.3 Each member of the Executive Committee shall have one vote but in the case of a stalemate the President shall have a casting vote.
18. LOGO
18.1 The Council shall have its own logo on the stationery and all other official documentation.
19. RESIGNATION
19.1 A member of the Executive Committee shall vacate his seat,
19.1.1 If he resigns.
19.1.2 If he is certified or otherwise adjudged to be of unsound mind or insane.
19.1.3 If he ceases to be a Shia Ithna-asheri.
19.1.4 If as a nominee of the President, he is removed by the President.
19.1.5 If he is convicted of an offence involving moral turpitude or dishonesty.
19.1.6 If he is adjudged a bankrupt.
19.2 Save as expressly provided otherwise in the Constitution, in the event of a vacancy on the Executive Committee as a result of death or any of the reasons stated above it shall be filled by the Council.
20. DISSOLUTION
20.1 The Council may at any time be dissolved by consent of at least 90 per cent of the members testified by their signatures to an instrument of dissolution provided that a Resolution to this effect has been adopted at a meeting of the Council called for such a purpose.
20.2 In the event of dissolution of the Council, any assets of the Council after the satisfaction of any proper debts and liabilities shall be transferred, on such terms and conditions as may have been decided upon at the said meeting, to such other charitable Khoja Shia Ithna-asheri institution as determined at the said meeting working for the aims and objects similar to those of the Council.
20.3 A copy of the statement of accounts, or accounts and statement, for the final accounting period of the Council shall be submitted by the Executive Committee to the Charity Commissioners and to the members of the Council.
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