Newah Organization of America

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THE CONSTITUTION
with amendments I & II

 

 

 

2001

 

Metropolitan Washington

USA

 

 

 

 

ARTICLE 1 THE ORGANIZATION:

1.1.1 The name of the organization shall be:
“NEWAH ORGANIZATION OF AMERICA".

1.1.2 In Newah language it shall be written as such:

1.1.3 Abbreviated form of the organization name shall be "NOA”

1.1.4 The organization is a non-profit, non-governmental, charitable, educational organization.

ARTICLE 2 THE AIMS AND OBJECTIVES:

2.1.1 To provide a democratic forum for the Newah community in-order to freely express their thoughts and ideas, to organize, promote and advance their ideals, aspiration, history, culture, language, literature, socio-economical and techno-scientific development for the well being and betterment of the community and its future generation.

2.1.2 To advance the Newah community into the mainstream of American Life, for mutual exchange of social, cultural and historical understandings and good-will along with educational and technological ties on one hand, and to foster close and strong ties with compatriots in our homeland Nepal on the other.

2.1.3 To honor the ideals of just and fair democratic values and provide able and effective leadership for the community by enhancing and developing the historical-Cultural, socio-economical, educational and techno-scientific bases of the community.

ARTICLE 3: THE ORGANIZATIONAL STUCTURE:

3.1.1 The organization structure of the Organization will comprise of the following bodies :

(a) The General Body

(b) The Executive Body

(c) The Advisory Board

3.1.2 The General Body: The general body shall consist of all members of the organization. It is the main body of the organization. The general body will elect the members of the Executive body.

3.1.3 The Executive body: The executive body is a body of elected and nominated members who will carry on the business of the organization and are accountable for planning, managing, monitoring and implementing the basic function of the organization.

3.1.4 The Executive body shall be of total thirteen (13) members and comprise of the following:

(a) Elected members - (9) total of nine members

(b) Nominated members ( regional) - (4) total of four members

3.1.5 The offices of the elected members and nominated members are:

1. President

2. First Vice President (Program Development)

3. Second Vice President (Public Relation & Operation)

4. General Secretary

5. Secretary- ( Administration)

6. Treasurer

7. Member

8. Member

9. Member

And

10 Nominated Regional Members - total of four (4)

 

3.1.6 The regional members will be nominated by the President on consultation with the members of the various regions of The United States. The number of regions will be as determined according to United States Geographical Department .

3.1.6.1.The nominated Regional members of the Executive body shall form a working committee (Chapter) in the region and provide leadership to carry on the works of the organization in that particular region in order to achieve the goals and objectives of the organization.

3.1.7 The term of office of the Executive body shall be of three years duration.

3.1.8 The office of the President shall be of only one term.

3.1.9 The Advisory Body: Members of the Advisory Board shall be nominated by the President in consultation with the Executive Body. Nominated members of the Advisory Body shall remain in office as long as the term of office of the Executive Body.

3.1.9.1 All past Presidents shall becomes Ex-official member of this Advisory body and remains to be so as long as He/she desires.

ARTICLE 4: MEMBERSHIP:

4.1.1 Any individual wishing to join the organization can do so by applying to join and agree to abide by the Constitution of the Organization. No one shall be discriminated on basis of race, religion, nationality, color, caste and creed or sexual orientation of the individual.

4.1.2 All Newah individual naturally become a members of the organization. All other well-wishers can join the organization by applying for membership.

4.1.3 Following are the types of membership:

1. General member: All Newah individual naturally become a member of the General Body and will be called the "Member" of the organization. There shall not be any membership fee for the member of the Organization.

2. Associate members: All individual joining the organization shall become the associate members of the Organization and shall be called "Associate Member". There shall not be any membership fee for Associate members of the Organization

3. Founding members: Individuals who had been involved in the establishment of this organization from the very beginning upto the end shall be called the " Founding members" of the organization. List of the founding members is being included: (in random order)

1. Beda Pradhan

2. Balaram Joshi

3. Ganesh Kayastha

4. Ratna Kazi

5. Deepak Tuladhar

6. Krishna Charan Shrestha

7. Tribhuvan Tuladhar

8. Daya Shakya

9. Hariman Shrestha

10. Shyam Lall Shrestha

The rights and privileges of the founding members are the same as that of the member.

4. Life member: Any member wishing to be a member for life of the organization can do so by paying a one time donation determined by the Executive Body. He/she shall be called " Life Member" of the organization

5. Honorary Member: NOA awards honorary membership to those individuals, or organization whose contributions are essential to attain the main objectives of the organization. Honorary members are not eligible to vote however, they can participate in the general council meeting. The executive committee nominates individuals or organizations for honorary membership.

6. Youth Member: Individual below the age of 18 (eighteen) who join the organization shall be termed as "Youth members" As a youth member they can learn from members as mentors of the organization and acquire valuable knowledge and experience. As future members of the organization leadership qualities shall be encouraged and developed so that they could assume future leadership role in the organization. Youth members are not allowed to vote.

ARTICLE 5: RIGHTS & DUTIES:

5.1.1 Rights and duties of the members of the Executive Body and other office bearers:

5.1.1.1 The President: The president will be responsible for overall operation of the organization. He/She shall use every effort to achieve the aims and objectives of the organization. He/She shall chair the Executive body meeting. He/ she shall nominate the regional members of the organization. He/she shall form and dissolve committees for various activities as needed for the development of the organization's program. He must see that all the decision made in the committees are made by the majority vote. In case of a tie, he/she shall cast the deciding vote. He/she shall see that the records of all activities are kept in proper order according to the constitution and the law of the land.

5.1.1.2 First Vice President: He/She shall assist and help the President in all manner possible. He/She will be responsible for developing annual program in coordination with the President and other members of the Executive Body. In case of absence of the President for more and a month he/she shall assume the role of the acting president with full power and responsibility of the President. By order of the President he/she shall chair various meetings and activities and represent the organization in various venues.

5.1.1.3 Second Vice President: He/She shall assist and help the President and the first Vice President in all manner possible. He/She will be responsible for developing the public relation aspect of the organization and interact with various other organizations. He/she shall also oversee the administrative aspect of the organization in conjunction with the General Secretary and secretary. In case of absence of the President and the First vice President for more and a month he/she shall assume the role of the acting president with full power and responsibility of the President. By order of the President he/she shall chair various meetings and activities and represent the organization in various venues.

5.1.1.4 General Secretary: He/she will be responsible for all administrative activities of the Organization and must work in consultation of the President and the vice presidents. He/she shall keep track of all records of all organization activities and paper trail. He/She shall keep the meeting minute and circulate it within a week of the meeting. He/She will call all General and Executive meetings and as advised by the President. He/She will be responsible for preparing annual report and present it in the annual general meeting. He/ she shall see that the organization is properly registered at the local government and keep it up-to-date

5.1.1.5 Secretary: He/She will assist in all manner the General Secretary in fulfilling the objectives of the organizational activities. In case of absence of the General Secretary for more than a month He shall assume the role, duties and responsibilities of the General Secretary. He/she will also contact various organizations and personnel in developing partnership activities

5.1.1.6 Treasurer: He/She shall be undertaking all activities in relation to the financial and monetary aspect of the organization. He/she shall keep track of all revenue and expenditures records donations and dues etc. He/she shall present the annual income and expenditures report at the annual General Body meeting of the organization He/She will be responsible for conducting an annual audit and the books are in order with the law of the land. He/She will be responsible for fund raising activities of the organization.

5.1.1.7 Members of Executive Body: All members should attend the executive meeting and participate in a decision making process of the organization, be active and provide intellectual and creative ideas and thoughts to enhance and advance the organization.

5.2.1 Rights and Duties of the members of the Organization

5.2.1.1 The member who forms the main body of the organization

has the right to cast vote for electing the members of the Executive Body. He/she shall be called upon to vote for other issues like constitution amendments and other issues. He/she must try their best to participate in person.

5.2.1.2. He/she may appoint a proxy to cast his/her votes but this has to done as per rules and regulations defined by the Executive body.

5.2.1.3. Voting is the basis right of the members. Each member must exercise this right according to his/her conscience.

5.2.1.4 A members can be elected or nominated to various offices of the organization. He must make it his responsibility and duty to participate in the meetings and activities of the Organization as called upon by the Executive body for the development of the organization.

5.2.1.5 In order for any member to run for an elected office he must have participated actively in the organization in various capacities and must have been member of one working committee. His candidacy shall be proposed by one member, seconded by another and endorsed by one of the founding members. The endorsement of a founding members shall be required for the first two elections only. Then-after endorsement of founding members is not required. No one founding member shall endorse two candidates for the same post.

5.2.1.6.Associate members of the organization can participate in all activities of the organization but does not have the right to vote or run for election. However, they may be appointed or nominated by the President in consultation with the Executive Body to serve in any of the committees formed by the Executive Body.

5.2.1.7 Associate members can become a general member ( hereafter called the member), if he/she wishes to, after an introductory period of one year. His/her application must be endorsed by one member of the organization and approved by the Executive body. He may thereafter vote and run for office as per article 5.2.1.5

5.2.1.8 The member of the general body shall be the guiding body of the organization to see that the various activities of the Organization are in conformance with the constitution of the Organization. It is his duty to bring to the notice of all if any article of the Constitution has been violated so that immediate remedial step can be undertaken to rectify the mistake.

5.2.1.9. A voting member can floor the Vote of No Confidence to remove the Executive committee or a member of the Executive committee, or any other committee or individual of office by submitting written petition with signature of at least 10% of the voting members to the general meeting. The Vote of No confidence has to be approved by 66.66% of the voting members of the organization in order to be implemented.

5.3.1 Rights and Duties of Members of the Advisory Board:

5.3.1.1 All Members of the Advisory Board shall be a source of advice, experience and information for the President, the Executive Body and all other members of the Organization. They are only a consultative body and shall not do anything to influence any activities of the organization such as election or other policy matters in direct or indirect way.

ARTICLE 6: MEETINGS:

6.1.1 To carry on all functions of the organization following categories of meeting needs to be conducted:

6.1.1.1.1 Annual General Meeting: The Executive body shall mandatory call one general meeting for all it's members every year.

6.1.1.1.2 Executive Body Meeting: Executive Body must call to order at least four quarterly meeting of it's body.

6.1.1.1.3 Emergency General Meeting: The Executive body can call an Emergency meeting of the general body as deemed necessary by the Executive body reflecting the need and urgency of the matter in hand to be discussed for the defense and upkeep of the organization.

ARTICLE 7: QUORUM:

7.1.1 Quorum for Executive meeting: Minimum of 51% of the members of the executive Body must be present in person or by proxy in order for the meeting to be valid. If the Quorum is not reached for the validity of the meeting a second call for the meeting shall be made and at least 33% of the executive members must be present in person or proxy to validate the meeting.

ARTICLE 8: VOTING VALIDITY:

8.1.1. Even though all members of the Newah community are members of the Organization, each member has to be registered in order to vote for or be elected to an office.

8.1.2. Member has to be minimum 18 ( eighteen) years of age before he can register as a voting member.

8.1.3. Voting by Proxy shall be valid as per rules and regulations setup by the Executive Body.

8.1.4. Voting in the annual general meeting shall be conducted as per majority vote. Minimum of 51% of the votes of the attending voting members must be obtained for any issues to be approved.

8.1.5. Voting for election by mail or by e-mail will also be valid as members come from all over the country. The validity of the mail-in votes will have to be verifiable and confirmed as per rules and regulations setup by the Election Committee.

ARTICLE 9: ELECTION PROCESS:

Every third year an Election will be conducted to form a new Executive Body.

9.1.1 The President with the approval of the executive committee shall

constitute a fully independent Election Commission four months prior to the election date.

9.1.2 Election commission shall be responsible to conduct a full and fair election as an important part of the democratic practice. The election process should be transparent and fully disclosed and explained to all members of the organization. The Election committee shall formulate all rules and regulation to conduct this fair and democratic election.

9.1.3 The election shall be conducted by secret ballot voting and the detailed result announced by the Election commission.

9.1.4 Vote shall be cast by the registered voting members to exercise his/her basis right. In case of the contested election the candidates will have to obtain at-least 51% of the vote cast to win the election.

ARTICLE 10: THE FUND :

10.1.1 A fund for the organization shall be created to fund various activities of the organization.

10.1.2 The fund shall be generated from donations received from various members, well-wishers and benefactors of the organization and income from various activities and program undertaken by the organization.

10.1.3 No membership fee shall be charged to its members.

10.1.4 Donation shall be voluntary though solicited and donation drives will be conducted from time to time to meet the basic needs of the organization.

10.1.5 A bank account shall be opened in the name of the organization and will be operated by the Treasurer and the President of the Organization.

ARTICLE 11: CONFLICT OF INTEREST:

11.1.1 For proper functioning of the organization, fairness to it's members and to reflect true dedication to the office one holds in the organization the following conflict of interest status shall be observed:

(a) No member of the elected or nominated members of the Executive Body shall hold similar offices in other similar organizations at one given time.

ARTICLE 12: CONSTITUTIONAL AMMENDMENTS:

12.1.1 To reflect the need, aspiration and changes that occur in the working of the organization amendments of the constitution can be undertaken as and when necessary.

12.1.2 Proposal to amend the constitution can be floored at the annual general meeting by any member of the organization in a written form.

12.1.3 Proposed amendments are to be put to vote to the registered voting members of the organization.

12.1.4 In order for the amendments to be approved a 66.66% vote for the amendments needs to be obtained.

End of Constitution

First Amendment:

Article 1.1

In the event of any position of the member of executive becomes vacant, the president shall fill the vacant position by nominating a member from the registered voters. If there is no willing candidate amongst the registered voters, he shall nominate a member from the General Body. If the vacant position happens to be that of office bearer other than a member of executive board, the president shall nominate a member of Executive body to fill the vacant position. If there is no willing candidate, he shall fill the vacant position by nominating a member from registered voters.

Article 2.1

All Registered Voting Members of the Organization will be required to pay an annual Registered Voter’s Membership Fee. The fee shall be determined by the Executive Committee.

The Second Amendment to THE CONSTITUTION of Newah Organization of America

Article 2.1: Provision for Newah Organization of America (NOA) Chapters

2.1.1 NOA Chapters:

NOA shall encourage the formation of local Chapters as and when needed by the local Newah community within and outside of the United States of America as per the aims and objectives of Article 2 of THE CONSTITUTION of NOA. The Chapters shall abide by all tenants of THE CONSTITUTION.

2.1.2 Formation

The Chapter of NOA shall be named as “Newah Organization of America, - <city_name>, (<country>),Chapter

The Chapter shall formulate it’s own Chapter Charter and Bylaws within the spirit of THE CONSTITUTION of NOA and submitted to the parent Organization for approval.

2.1.3 Organization

The Chapter activities and responsibilities will be guided by the Chapter Executive Committee. The formation of the Chapter Executive Committee shall be according to Article 2.1.4

The offices of the elected Chapter Executive Committee members are:

Chapter Chairperson

Chapter Co-Chairperson

Chapter Secretary

Chapter Treasurer

Chapter Members (minimum 3)
Total number of officers shall be in odd numbers.

The roles and responsibilities of the Chapter Executive Committee members defined in the Chapter Charter.

The Chapter shall require all its members to be members of the parent organization (NOA). Membership dues (general membership or Life membership dues) are to be paid to the parent organization. An agreed portion of the membership dues received by the parent organization shall be returned to the Chapters. No member shall be charged twice for his/her membership. Member shall be registered to the local chapter he/she belongs.

2.1.4 Functioning of the Chapter

The Chapter shall initiate activities that contribute to the overall aims and objectives of the NOA and the Chapter Charter.

The election process regulation of the Chapter shall be inline with NOA as per Article 9: Election Process and Article 8: Voting Validity.

2.1.5 Funding of the Chapter


A Chapter shall create a Fund to finance various activities of the Chapter. Donations and contribution can be collected from various members, well-wishers and benefactors of the Chapter for funding its activities.

The Chapter shall have full financial independence and shall be fully responsible for its own financial needs. A complete Income/Expense record must be kept, and once a year the record submitted to the parent organization for annual IRS reporting and approval for 501( c) 3 Tax-Exempt benefits of the parent Organization.

Article 2.2: Provision of Chapter Formation

2.2.1 Petition for Chapter Formation

A local area group of individuals of the community shall initiate the process of forming a NOA Chapter by submitting a written request to the Executive Committee of NOA for consent to initiate the Chapter forming process.

The group shall form an “Ad-hoc committee” of at least five individuals to draft and submit its own local Charter and By-Laws and submit a petition, (see Petition form), to the NOA Executive Committee.

The NOA Executive Committee shall make a decision after review of the Charter and By-laws within <one> month of submission of all documents.

The President of NOA in consultation with interested local Newah community can also appoint a capable individual to initiate the formation of a Chapter.

2.2.2 Responsibilities of the Chapter


The Chapter at all times shall abide by the overall aims and objectives of THE CONSTITUTION, Newah Organization of America.

The Chapter shall submit its annual financial report to the NOA Executive Committee within <two> months of year end (End of February).

The Chapter shall submit its annual draft activity report to the NOA Executive Committee within <two> months of year end (End of February).

2.2.3 Amendments

Any members of the Chapter can propose amendment to its local Chapter Charter and Bylaws within the spirit of the NOA Constitution. With two-third votes the amendments shall be adopted by the Chapter. The adopted amendments shall be submitted to the parent organization for verification and compliance. The NOA Executive Committee will make decision on the amendment within one month of the submission.

The NOA President at anytime can provide guidance and directives to the Chapter.

2.2.4 Annulment of the Chapter

The President of NOA in consultation with NOA Executive Committee can at anytime annul NOA Chapter status of the Chapter if its activities are against the aims and objectives of THE CONSTITUTION, the Newah Organization of America, and detrimental to the progress of Newah community as a whole.

Petition to form NOA Chapter

To: The Executive Committee of Newah Organization of America

We the undersigned, who are Members in good standing of the Newah Organization of America, do hereby request for recognition as interim Chapter members of the Chapter of the <city_name>, (<country>). We aim to serve the Newah community in the area of _______________________________________________________________________.

The goals of this Chapter are: _______________________________________________________________________

________________________________________________________________________

We request recognition and approval as official local Chapter. Chapter Bylaws are attached to this document, along with a signed Charter.

Interim officers are as noted below:

Officer Printed Name Signature

Chapter President: ________________________________________________________________________

Chapter Vice-President: ________________________________________________________________________

Chapter Secretary: ________________________________________________________________________

Chapter Treasurer: ________________________________________________________________________

Chapter members:

________________________________________________________________________

 

Chapter interim officers and addresses should be indicated. All signatures must be by current NOA members.