Constitution of The Council of European Jamaats (CoEJ) - 2015
1.0 NAME AND DEFINITIONS
1.1 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 'CoEJ'.
1.2 Executive Council: The Executive Council shall be the body of Trustees who shall manage and administer CoEJ in accordance with the provisions of the Charities Act 2011 (or any statutory re-enactment or modification thereof), responsible for discharging all CoEJ’s legal responsibilities.
1.3 Councillor: This is a Member of the Executive Council, also known as ‘Member of the Executive Council’.
1.4 Member Jamaat: Community or Organisation that is a Member of CoEJ (as defined in clause 2).
1.5 Constituent Member: Respective Member of said Member Jamaat who appears on the register of a Member Jamaat and can hold office in the said Member Jamaat.
1.6 Population: The population of a Member Jamaat as defined by the Population Standard Operating Procedure that has been approved by the Executive Council.
1.7 Delegate: A Constituent Member appointed to represent the Member Jamaat at Conference. Delegates will hold the votes of the said Member Jamaat as per clause 19.2.
2.0 MEMBERSHIP
2.1 Any Khoja Shia Ithna-asheri Community or any Khoja Shia Ithna-asheri Organisation established and based in Europe except existing Member Jamaats as at the date of adoption of this Constitution, having a constitution shall be eligible to apply for membership of CoEJ.
2.2 Any application for membership of CoEJ shall be considered upon submission of a fully completed application process.
2.3 All applications shall require the approval of two-thirds (2/3) of the number of Member Jamaats present at Conference. No reasons for approval or rejection of the application must be provided to the applicant.
2.4 Any Member Jamaat can withdraw its membership of CoEJ by giving three (3) months written notice to the Secretary General. The withdrawing Member Jamaat shall remain liable for any outstanding dues and subscriptions. The subscriptions paid by the withdrawing Member Jamaat shall not be refundable.
3.0 AIMS AND OBJECTS The aims and objects of CoEJ shall be:
3.1 To promote the Shia Ithna-asheri faith;
3.2 To relieve poverty;
3.3 The advancement of education;
3.4 To educate and further understand Khoja heritage, history and culture;
3.5 The relief of those in need by reason of youth, age, ill-health, disability, financial hardship or other disadvantage; and
3.6 To do all such other things anywhere in the world that may benefit the community in a way recognised as charitable.
4.0 SUBSCRIPTIONS
4.1 Each Member Jamaat shall pay an annual subscription as determined at Conference from time to time.
4.2 Subscription shall be due on 1 January of each year and should be paid to CoEJ. The subscription period shall run from 1 January to 31 December each year.
4.3 A Member Jamaat failing to pay their subscription by 31 March of each year or within fourteen (14) days of their application being approved, shall forfeit their right as a member of CoEJ until such time when their arrears are settled in full.
5.0 POWERS OF COEJ
5.1 CoEJ shall have the power to take all lawful steps in the furtherance of the aims and objects set out above and in particular the power:
5.1.1 To educate and further understand Khoja heritage, history and culture in order to pass such understanding down to successive generations;
5.1.2 To ratify bye-laws approved by the Executive Council, which are not inconsistent with this Constitution;
5.1.3 To create, receive 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;
5.1.5 To borrow money and give security for loans (but only in accordance with the restrictions imposed by the Charities Act);
5.1.6 To make and accept grants or loans of money and to give guarantees;
5.1.7 To propagate and promote the religious, educational and humanitarian teachings of the Shia Ithna-asheri faith;
5.1.8 To coordinate religious schools within the Member Jamaats and through this to encourage and promote Islamic education;
5.1.9 To promote and facilitate the performance of Hajj within the Member Jamaats;
5.1.10 To assist Member Jamaats by coordinating movement and employment of Aalims and assist in harmonising and standardising contracts and conditions of employment of Aalims;
5.1.11 To strive for unity and coordination of activities amongst the Member Jamaats and settle any differences and disputes between them;
5.1.12 To promote and support the institution of marriage;
5.1.13 To affiliate with and/or become a member of such other institutions as CoEJ may deem fit;
5.1.14 To promote the health, welfare and safeguarding of the community and the needs of the vulnerable; and
5.1.15 To do all such other things within the law, including making other investments and the setting up, continuance or disposal of any body corporate, as are necessary for the attainment of the above mentioned aims and objects.
6. THE EXECUTIVE COUNCIL
6.1 CoEJ shall be managed and administered by the Executive Council, who shall be responsible for discharging CoEJ’s legal responsibilities.
6.2 A Councillor shall hold office for a period of three (3) years and shall be elected (save for the Secretary General, Assistant Secretary General, Nominated Councillors and Appointed Councillors) at Conference.
6.3 The Executive Council shall consist of the following: i) President ii) Vice President iii) Secretary General (appointed by the President) iv) Assistant Secretary General (appointed by the President) v) Honorary Treasurer vi) Assistant Treasurer vii) Six (6) Elected Councillors viii) A number of Nominated Councillors: each Member Jamaat shall be entitled to nominate one Councillor per fifteen hundred (1500) population or part thereof with a maximum of four (4) Councillors per Member Jamaat ix) Two (2) Appointed Councillors (appointed by the President).
6.4 Any Constituent Member shall be eligible to be elected, nominated or appointed as a Councillor. Constituent Members standing for elected positions need to be present at Conference in any capacity including as a member of the audience.
6.5 The Office Bearers shall consist of the: President, Vice President, Secretary General, Assistant Secretary General, Honorary Treasurer and Assistant Treasurer. They will work collaboratively to discharge their individual and collective responsibilities. The President shall be elected in accordance with clause 18. The Vice President, Honorary Treasurer and Assistant Treasurer shall be elected at Conference. The Secretary General and Assistant Secretary General shall be appointed by the President and serve at his pleasure. As the Secretary General and Assistant Secretary General would also be trustees of CoEJ, the President shall be responsible for all the acts and omissions of the Secretary General and Assistant Secretary General. The appointment term of the Office Bearers shall be the same as the rest of the Executive Council. Any Office Bearer of CoEJ cannot be a concurrent Office Bearer of a Member Jamaat.
6.6 The Nominated Councillors shall be responsible for promoting CoEJ within their Member Jamaat and bring their Member Jamaat requirements to the Executive Council.
6.7 There shall be at least two (2) women on the Executive Council. If there are less than two (2) women then the President must use his powers to appoint the two (2) Appointed Councillors (as referred to in clause 6.3(ix)), in a manner that ensures that there are at least two (2) women on the Executive Council.
6.8 The Executive Council shall execute the decisions and directions of Conference which are not inconsistent with this Constitution.
6.9 The Executive Council shall have the power to discuss, formulate and recommend to Conference such policies, Bye-Laws and/or actions as are likely to facilitate the attainment of the aims and objects of CoEJ as set out in this Constitution.
6.10 The Executive Council shall meet at least once in any four (4) months period. The Secretary General shall give twenty one (21) days notice before an Executive Council meeting, such notice shall include the venue and date of the meeting. The agenda of business to be conducted and all documents to be considered at the meeting should be circulated at least seven (7) days prior to the meeting. In the event of an emergency, the President may direct the Secretary General to convene a meeting of the Executive Council giving seven (7) days notice.
6.11 Every Councillor shall be entitled to have items added to the agenda of the meeting if submitted to the Secretary General at least fourteen (14) days before the meeting setting out the wording of the agenda item and if the item happens to be a resolution, to set out the wording of the proposed resolution.
6.12 Each Councillor shall have one vote but the Chair shall have a casting vote in the event of a tie.
6.13 Except where otherwise expressly provided in this Constitution, all decisions taken at the meetings will be on a majority basis.
6.14 Prior to commencement of voting, the Chair shall allow voting by secret ballot if proposed by a Councillor.
6.15 The Executive Council shall have the power, subject however to a maximum limit set by Conference, to incur all expenses necessary for the proper management of CoEJ provided that the Executive Council shall not have any power to borrow funds for carrying out the various activities of CoEJ unless approved at Conference.
6.16 The Executive Council shall have the power to form Committees (which may be referred to as “Boards” and “Taskforces”) as may be necessary to achieve aims and objects of CoEJ and to assign to them duties and to delegate to them such powers as may be necessary. The responsible Councillor (as per clause 7.5) shall nominate the Head of the Committee with ratification from the President. The Councillor will be responsible to ensure a report is regularly presented to the Executive Council.
6.17 Any resolution deemed urgent by the Executive Council which requires the approval of Conference shall be put to vote to Member Jamaats in that capacity (rather than waiting for full Conference). The votes that each Member Jamaat has will be in accordance with clause 19.2.
6.18 All Councillors representing CoEJ at the World Federation of Khoja Shia Ithna-Asheri Muslim Communities (KSIMC) Executive Council shall be from the Executive Council. The Councillors to the World Federation of KSIMC Executive Council shall consist of the President and the other Councillors elected by the Executive Council from amongst themselves.
6.19 The Office Bearers shall have the power to appoint and dismiss staff but the management and supervision of staff shall be the responsibility of the Secretary General.
7. THE PRESIDENT
7.1 The President shall be the administrative head of CoEJ and shall preside over all meetings (including Conference). He shall have a casting vote in addition to his usual 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, those present and entitled to vote shall elect a Chair from amongst themselves to chair that specific meeting, who shall exercise the powers of the President, in relation to the conduct of that meeting.
7.2 Election for the post of the President shall be in accordance with clause 18.
7.3 The President shall appoint the Secretary General and Assistant Secretary General who shall hold office at the President's pleasure.
7.4 The President shall be authorised to sign or counter sign any document if he considers it appropriate to do so and if it is not inconsistent with any clause of this Constitution.
7.5 The President shall appoint from within Councillors (except Nominated Councillors), responsible Councillor(s) for allocated Committee(s). The President shall manage the performance of the said Councillor(s) and has the powers to reallocate or remove portfolios from said Councillor(s). Such appointments or changes shall be ratified by the Executive Council.
7.6 In the event of the office of the President becoming vacant, 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.
7.7 Where a person has served two (2) consecutive terms as the President (excluding any time that may have been served in accordance with clause 7.6), he shall not be eligible to be re-elected for the same post for the third term, but may be elected after a three year break.
8. THE VICE PRESIDENT
8.1 The Vice President shall assist the President to discharge his duties.
8.2 In the absence of the President, the Vice President shall be authorised to sign or counter sign any document if he considers it appropriate to do so, and if it is not inconsistent with any clause of this Constitution.
8.3 In the event of the post of the Vice President becoming vacant, the Executive Council shall elect a new Vice President from within the Executive Council who shall hold office for the duration of the remaining term.
8.4 Where a person has served two (2) consecutive terms as the Vice President, he shall not be eligible to be re-elected for the same post for the third term, but may be elected after a three year break.
9. SECRETARY GENERAL
9.1 The Secretary General shall be appointed by the President.
9.2 The Secretary General shall:
9.2.1 Be responsible for giving notices of all meetings and Conferences (which shall also be placed on the CoEJ website).
9.2.2 Prepare the agenda of all meetings and Conferences in consultation with the President (which shall also be placed on the CoEJ website).
9.2.3 Record, maintain and distribute full and proper minutes of all meetings and Conferences. After the minutes of the Executive Council have been approved by the Executive Council, the Executive Council shall authorise the publication of those minutes subject to any redaction that it considers necessary. The minutes of Conference shall be approved at the next Conference.
9.2.4 Deal with all correspondence in accordance with the direction of the Executive Council, Conference or President, whichever is applicable.
9.2.5 Prepare an annual report on the activities of CoEJ and present at the annual Conference. He shall also present any reports that are required for discharging any responsibilities CoEJ may have and in compliance with any legal obligations.
9.2.6 Maintain and regularly update a register of Members and their voting rights.
9.2.7 Be responsible for supervising and managing CoEJ office staff.
9.3 In the absence of the President and the Vice President, the Secretary General shall be authorised to sign or counter sign any document if he considers it appropriate to do so and if it is not inconsistent with any clause of this Constitution.
9.4 The office of CoEJ shall be based at an address to be proposed by the Executive Council and ratified at Conference.
9.5 In the event of the post of the Secretary General becoming vacant, the President shall appoint a new Secretary General who shall hold office for the duration of the remaining term.
9.6 Where a person has served two (2) consecutive terms as the Secretary General, he shall not be eligible to be re-appointed for the same post for the third term, but may be appointed after a three year break.
10. ASSISTANT SECRETARY GENERAL
10.1 The Assistant Secretary General will assist the Secretary General to discharge his duties.
10.2 In the event of the post of the Assistant Secretary General becoming vacant, the President shall appoint a new Assistant Secretary General who shall hold office for the duration of the remaining term.
10.3 Where a person has served two (2) consecutive terms as the Assistant Secretary General, he shall not be eligible to be re-appointed for the same post for the third term, but may be appointed after a three year break.
11. HONORARY TREASURER
11.1 The Honorary Treasurer shall be responsible for all financial transactions of CoEJ and maintain all proper financial records.
11.2 He shall ensure all CoEJ funds are deposited in CoEJ bank accounts.
11.3 He shall at all times keep full and proper accounts and submit the management accounts to Councillors at least seven (7) days prior to every Executive Council meeting.
11.4 He shall present the draft annual accounts for approval at the Executive Council and the annual audited accounts at the annual Conference.
11.5 He shall be responsible for collection of all subscriptions and funds from Member Jamaats.
11.6 The Treasurer shall sign all cheques and all other payment documents and shall submit the same for counter signature to the President, or in his absence, the Vice President, or in the absence of both the Secretary General.
11.7 In the absence of the President, Vice President and Secretary General, the Treasurer shall be authorised to sign or counter sign any document if he considers it appropriate to do so and if it is not inconsistent with any clause of this Constitution.
11.8 In the event of the post of the Honorary Treasurer becoming vacant, the Executive Council shall elect a new Honorary Treasurer from within the Executive Council who shall hold office for the duration of the remaining term.
11.9 Where a person has served two (2) consecutive terms as the Honorary Treasurer, he shall not be eligible to be re-elected for the same post for the third term, but may be elected after a three year break.
12. ASSISTANT TREASURER
12.1 The Assistant Treasurer will assist the Honorary Treasurer to discharge his duties.
12.2 In the event of the post of the Assistant Treasurer becoming vacant, the Executive Council shall elect a new Assistant Treasurer from within the Executive Council who shall hold office for the duration of the remaining term. 12.3 Where a person has served two (2) consecutive terms as the Assistant Treasurer, he shall not be eligible to be re-elected for the same post for the third term, but may be elected after a three year break.
13. ACCOUNTS
13.1 The Executive Council shall comply with its legal obligations with regards to:
13.1.1 The keeping of accounting records;
13.1.2 The preparation of annual statements of accounts;
13.1.3 The arrangement for the auditing of the statements of accounts; and
13.1.4 The submission of the accounts of CoEJ to the Charity Commission and any other entity to which CoEJ is legally obliged to submit its accounts.
14. ANNUAL REPORT
The Executive Council shall comply with its legal obligations with regard to the preparation of an annual report and its submission to the Charity Commission and any other entity to which CoEJ is legally obliged to submit such a report.
15. ANNUAL RETURN The Executive Council shall comply with its legal obligations with regard to the preparation of an annual return and its submission to the Charity Commission and any other entity to which CoEJ is legally obliged to submit an annual return.
16. CONFERENCES
16.1 Conference shall be the supreme and final authority over all affairs of CoEJ and it shall have the power by resolution passed by the majority to confirm, reverse, alter or defer the decisions of the Executive Council.
16.2 A Conference shall be held at least once every twelve (12) months.
16.3 The date and venue of each Conference shall be decided by the Executive Council.
16.4 The Secretary General shall give notice of the date and place of such Conference at least thirty (30) days prior to the Conference. The agenda of business to be conducted and all documents to be considered at the Conference shall be circulated at least fourteen (14) days prior to the Conference.
16.5 Every Member Jamaat shall be entitled to have items added to the agenda of the Conference if submitted to the Secretary General at least twenty one (21) days before the Conference setting out the wording of the agenda item and if the item happens to be a resolution, to set out the wording of the proposed resolution.
16.6 The Councillor(s) responsible for their allocated Committee(s) shall ensure that a report of the previous year’s activity and an action plan for the next year is presented at the Conference.
16.7 The President may direct the Secretary General to convene an emergency Conference to discuss a specific item giving at least seven (7) days notice.
16.8 Upon submission of a petition signed by half (1/2) the number of Member Jamaats to the President, the President shall direct the Secretary General to call an extraordinary Conference to discuss the petition within forty five (45) days of receipt of petition giving thirty (30) days notice.
16.9 Except where otherwise expressly provided in this Constitution, all decisions taken at Conference will be on a majority basis.
16.10 The Chair shall have a casting vote in the event of a tie. 16.11 Prior to commencement of voting, the Chair shall allow voting by secret ballot if proposed by a Member Jamaat.
17. QUORUM
17.1 The quorum for the purposes of the Executive Council meeting shall be twenty five percent (25%) of its composition, provided that it includes the presence of at least two (2) Office Bearers and twenty five percent (25%) of the number of Member Jamaats being represented by at least one (1) of their Councillors.
17.2 The quorum for a Conference shall be forty percent (40%) of the number of Member Jamaats entitled to attend the Conference. 17.3 If the above quorum requirements are not met:
17.3.1 An Executive Council meeting shall be called within forty five (45) days giving fourteen (14) days notice where quorum shall be fifteen percent (15%) of its composition, provided that it includes the presence of at least two (2) Office Bearers and twenty five percent (25%) of the number of Member Jamaats being represented by at least one (1) of their Councillors.
17.3.2 A Conference shall be called within forty five (45) days giving fourteen (14) days notice where quorum shall be half (1/2) of clause 17.2.
17.3.3 An Emergency Conference shall be called within forty eight (48) hours giving twenty four (24) hours’ notice where quorum shall be half (1/2) of clause 17.2. 17.3.4 An Extraordinary Conference shall be called within fourteen (14) days giving seven (7) days notice where quorum shall be half (1/2) of clause 17.2.
18. ELECTION FOR THE POST OF THE PRESIDENT
18.1 At least three (3) months before the end of the term of office of the President, the Electoral Commissioner shall issue a notice to all Member Jamaats inviting written nominations to be sent to him within thirty (30) days of such notice for a candidate for the office of the President to serve for the next three (3) years.
18.2 Any Constituent Member can be nominated by a Member Jamaat as a candidate for the post of President of CoEJ by sending written nomination to the Electoral Commissioner. Any nomination shall be accompanied by a written communication from the Constituent Member nominated signifying his consent to such nomination. The nomination shall also be accompanied by written confirmation from the Member Jamaat that the nominated person is its Constituent Member and if the nomination is not accompanied by such confirmation then the Electoral Commissioner shall request the Secretary General to obtain written confirmation from the Member Jamaat that the candidate is its Constituent Member.
18.3 The Electoral Commissioner shall within a period of seven (7) days after the closing date for the submission of nominations, send to Member Jamaats notification of all nominations received by him and ask all Member Jamaats to arrange the process of voting within their Jamaats on a common date stipulated by him which shall not be less than three (3) weeks from the date of notification by him. Each Member Jamaat shall submit to the Electoral Commissioner within seven (7) days the results of the voting process and the name of the candidate that has attained the highest number of votes. If a Member Jamaat fails to send the results to the Electoral Commissioner by the seven (7) day deadline then those votes shall not be counted. Thereafter, the Electoral Commissioner shall declare the results within ten (10) days.
18.4 Whichever candidate attracts the highest number of votes in each Member Jamaat shall be attributed the votes according to the formula set out in clause 19.2.
18.5 However, if the Electoral Commissioner does not receive any written nomination by the closing date he shall inform every Member Jamaat that the election of the President will take place at Conference.
18.6 Any notice issued by the Electoral Commissioner shall be simultaneously placed on the CoEJ website as well.
19. VOTING
19.1 Each Member Jamaat shall be represented at Conference by three (3) Delegates appointed by the Member Jamaat. In the event of the inability of any of them to attend, they may be substituted by another Constituent Member appointed by the Member Jamaat.
19.2 Each Member Jamaat shall have two (2) votes per its own population of five hundred (500) or part thereof and two (2) additional votes per each additional five hundred (500) or part thereof, but not exceeding a maximum of ten (10) votes. 19.3 Each Councillor shall be entitled to attend and vote at every Conference except on matters where this Constitution specifically provides for a vote of the Member Jamaats (e.g. clause 24.3).
20. LOGO
20.1 CoEJ shall have its own logo.
21. RESIGNATION OR TERMINATION
21.1 A Councillor shall vacate his seat:
21.1.1 If he resigns.
21.1.2 If he is certified as medically unfit.
21.1.3 If he ceases to be a Shia Ithna-asheri Muslim.
21.1.4 If as an appointee of the President, he is removed by the President.
21.1.5 If he is convicted of an offence involving moral turpitude or dishonesty.
21.1.6 If he has been removed or barred from holding a Trustee position under the Charities Act 2011 (or any statutory re-enactment or modification thereof) or by the Charity Commission.
21.1.7 If at the time he was elected, nominated or appointed, as the case may be, he was not eligible to be a Councillor.
21.1.8 If Conference feels that any of the Office Bearers are not fit for the purpose of their office then they can be removed by a vote of no confidence, by a two-thirds (2/3) majority.
21.2 Save as expressly provided otherwise in this Constitution, in the event of a vacancy on the Executive Council it shall be filled at Conference.
22. ELECTORAL COMMISSIONER
22.1 At the Conference where the Office Bearers are to be elected there shall also be the election of the Electoral Commissioner.
22.2 The role of the Electoral Commissioner shall be to oversee the election process for electing the President (as per clause 18) and all elections taking place at Conference except that the election for the post of the Electoral Commissioner which shall be overseen by the chairperson of the Conference.
22.3 Any Constituent Member attending the Conference, in whatever capacity including as a member of the audience, shall be eligible to stand for the post of the Electoral Commissioner.
23. GOOD GOVERNANCE
23.1 Without prejudice to the aims and objects set out in clause 3, CoEJ shall operate in a manner that adheres to the following principles: (a) Practice, preserve, promote and protect the Shia Ithna-asheri Muslim faith; (b) Compliance with this Constitution and any other legal requirement; (c) Justice and fairness; (d) Democratic accountability; and (e) Transparency in all respects vis-à-vis the Member Jamaats.
23.2 It shall be the obligation of the Executive Council and every Member Jamaat to ensure that the principles of good governance set out above are complied with.
23.3 Every Member Jamaat and every Councillor shall be entitled to submit a written complaint to the President regarding any breach of this Constitution and/or non-compliance with any legal requirement. Upon receipt of such a complaint, the President must ensure that the complaint is presented to the Executive Council at its next meeting under a specific agenda item: “Complaint received in relation to breach of the Constitution”. The Executive Council shall carefully consider the complaint and take whatever action, if any, it considers appropriate from the options set out below. The options open to the Executive Council are limited to the following: (a) Taking no further action; (b) Ordering specific steps to be taken by identified Individual(s) within a specified time-period; (c) Formal censure of the person who is guilty of being in breach of this Constitution; or (d) Formal recommendation to the person who is guilty of being in breach of this Constitution that he should consider resigning from his post as an Office Bearer or as a member of the Executive Council, as the case may be.
23.4 The Secretary General shall within fourteen (14) days write to the complaining Member Jamaat or Councillor setting out the decision of the Executive Council and the reasons for it. If the complaining Member Jamaat or Councillor is not satisfied with the way in which the Executive Council dealt with the complaint, the complaining Member Jamaat or Councillor may be entitled to pursue the complaint by asking the Executive Council to reconsider the complaint and the complaining Member Jamaat or Councillor shall do so by submitting a written request to the Secretary General who shall ensure that the agenda includes an item: “Complaint received in relation to breach of the Constitution”. After careful consideration of the complaint, the Executive Council can take whatever action, if any, it considers appropriate in accordance with clause 23.3.
23.5 Every Member Jamaat shall be entitled to ask for any information by submitting a written request to the relevant Office Bearer and such information shall be provided by the Office Bearer within fourteen (14) days of the date of request.
23.6 Every document or information sent or given to every Delegate or Councillor at Conference and all approved minutes of the Executive Council (subject to clause 9.2.3) shall be made available within twenty one (21) days to a Constituent Member who requests it from the Secretary General in writing.
24. ADDITIONS, AMENDMENTS AND DELETIONS TO THIS CONSTITUTION
24.1 Only Member Jamaats may propose additions, amendments and deletions to this Constitution.
24.2 Any Member Jamaat wishing to propose an amendment to this Constitution shall give notice thereof to the Secretary General to reach him at least sixty (60) days prior to Conference at which such an amendment is sought to be moved. The notice of the Conference must include notice of the resolution, setting out the terms of the alteration proposed.
24.3 This Constitution may be altered by a resolution passed at a Conference where at least fifty percent (50%) of the number of Member Jamaats are present during the voting with a majority of not less than two-thirds (2/3) of the votes of Member Jamaats present. The votes that each Member Jamaat has will be in accordance with clause 19.2.
24.4 No amendment may be made to this Constitution which would have the effect of making CoEJ cease to be a Charity in Law. 24.5 CoEJ should promptly send to the Charity Commission a copy of any amendments made to this Constitution under this clause. 24.6 No amendment may be made to clause 1.1 (the name of CoEJ), clause 3 (the clause setting out the aims and objects), clause 25 (the dissolution clause) or this clause 24.6, without the prior consent in writing from the Charity Commission.
25. DISSOLUTION
25.1 CoEJ may be dissolved at any time by consent of at least ninety percent (90%) of the number of Member Jamaats testified by their signatures to an instrument of dissolution provided that a resolution to this effect has been adopted at a Conference called for such a purpose.
25.2 In the event of dissolution of CoEJ, any assets of CoEJ 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 Conference, to such other charitable Khoja Shia Ithna-asheri institution(s) as determined at the said Conference working for the aims and objects similar to those of CoEJ.
25.3 A copy of the statement of accounts, or accounts and statement, for the final accounting period of CoEJ shall be submitted by the Executive Council to the Charity Commission and to all Member Jamaats.
26. CONSTRUCTION
26.1 Every reference to the male gender in this Constitution includes an implicit reference to the female gender as well.
Reference:
CoEJ Secretariat
20th Nov 2015