NON-RESIDENT NEPALI ASSOCIATION (NRNA)
NATIONAL CO-ORDINATION COUNCIL (NCC), HONG KONG
CONSTITUTION – 2006
PUBLISHED BY NRNA- NCC
Hong Kong (SAR) Registered License No.CP/LIC/SO/19/30991
Constitution of Non-Resident Nepali Association – National Co-ordination Council, Hong Kong (SAR) 2006
(FIRST AMENDMENT – 2ND CONVENTION 08 JUNE, 2008)
We, the Non Resident Nepali (NRN) living in Hong Kong, are committed to help Nepalese with a motto “By Nepali for Nepali” and shall not tolerate its members to be involved in political matters, religion, caste, Creed and sex discrimination for any reason while in a course to bring prosperity; peace in Nepal, to assist Nepalese living in Hong Kong and to Nepalese Community living all over the world according to the guidelines and objectives of Non Resident Nepalis Association, International Coordination Council constitution 2003 and amendment thereon from time to time.
PART - I
1. Name and Effective Date:
a) Name: Name of the association shall be Non-Resident Nepali Association (NRNA), National Co-Ordination Council (NCC) Hong Kong (SAR); in short, it shall be referred as NRN Hong Kong.
b) Effective Date. In order to enforce the date of constitution NRN Hong Kong, the date shall be effective with effect from the date of First National Convention.
The Logo of NRNA NCC Hong Kong shall be the same as that of NRNA with an additional text ‘Hong Kong underneath the logo (Annexure I to this constitution refers).
3. Office Seal.
Office seal (Stamp) shall be clearly mentioned as NRN Hong Kong (Annexure II to this constitution refers).
4. Office of the Organization:
In order to execute the routine program of the association, the office can be established at any place in Hong Kong as decided by the Executive Committee (Excom).
PART – II
In this constitution, unless the context otherwise requires;
a) NRNA-NCC, Hong Kong (SAR) hereafter termed as “Association” or “NRN Hong Kong”
b) Executive Committee Members hereafter termed as “Excom” of the NRN Hong Kong.
c) National Coordination Council of NRN Hong Kong hereafter termed as “NCC” or “Council”.
d) Non Resident Nepalese Association hereafter termed as “NRNA”.
e) International Coordination Council hereafter termed as “ICC”
f) “Annexure” hereafter refers as the additional information to this constitution.
g) “President” hereafter refers the President of the NRN Hong Kong.
h) “Vice President” hereafter refers the Vice President of the NRN Hong Kong.
i) “National Coordinator” hereafter refers the National Coordinator (NC) of the NRN Hong Kong
j) “Treasurer” hereafter refers the Treasurer of the NRN Hong Kong
k) “Joint National Coordinator” hereafter refers the Joint National Coordinator (JNC) of the NRN Hong Kong.
l) “Law” hereafter refers the existing laws in Hong Kong SAR.
m) “Oath” hereafter refers the Annexure IV to this constitution as a decoration to undertake by excom.
n) “Logo” and “Office Seal” hereafter refers the article 2 and 3 of this constitution produced in Annexure I and II respectively.
o) “Letter Pad” hereafter refers official letter pad of the NRN Hong Kong produced in Annexure V to this constitution.
p) “Membership Form” hereafter refers the Annexure III to this constitution.
q) “National Convention” hereafter refers National Convention (NC) of the NRN Hong Kong.
r) “Special National Convention” hereafter refers to the Special National Convention (SNC) of NRN Hong Kong.
s) “Annual General Meeting” hereafter refers the Annual General Meeting (AGM) of NRN Hong Kong.
t) “Special General Meeting” hereafter refers the Special General Meeting (SGM) of the NRN Hong Kong.
u) “Office Bearers” hereafter refers the appointment holders of the Excom, NRN Hong Kong.
v) “Registered Member” hereafter refers the registered members with NRN Hong Kong.
w) “Honorary Member” hereafter refers the honorary members of NRN Hong Kong.
x) “Associate Member” hereafter refers the associate members of NRN Hong Kong.
y) “General Member” hereafter refers the general member of NRN Hong Kong.
The term jurisdiction hereinafter refers to the whole geographical feature which comes under the governance of Hong Kong (SAR) and shall be cover for all legal aspects concerning with NRN Hong Kong.
PART – III
a) The NRN Hong Kong with the coordination of NRNA ICC aims to support its objectives by organizing and managing programs in Hong Kong.
b) The objectives of this Association shall be to contribute to economic, social and cultural development of Nepal by NRN community living in Hong Kong. To meet the objective, NRN Hong Kong shall play the role of facilitator and organizer of the programs.
c) Promote Nepal in Hong Kong.
d) Facilitate and attract NRN and foreign investment in Nepal.
e) Strive to create conditions conducive to investment by the NRN in Nepal and the utilization of the talents and skills of the NRNs in Nepal;
f) Foster closer co-operations among the NRN communities scattered in different parts of Hong Kong.
g) Serve as a national forum for the promotion and protection of the interests of the NRN both in Nepal and Hong Kong.
h) Coordinate with Nepalese Consulate General of Hong Kong and seek help to solve the access problems into the Hong Kong (SAR).
PART – IV
a) NRN refers to both people of Nepalese origin who have acquired foreign citizenship and People of Nepalese Origin (PNO) who currently hold the Nepalese Passport but have lived outside Nepal including Hong Kong for more than 182 days in a year excluding SAARC countries.
b) There shall be four types of members which are given in succeeding sections from (c) to (h).
c) General Member. All eligible NRN referred in Article 8, Section (a) with valid document living in Hong Kong.
d) Registered Member. All general members of the NRN Hong Kong registered with NRN Hong Kong shall be the registered members of NRN Hong Kong. They shall have the right to participate in all activities including National Convention and have voting rights to form the excom of NRN Hong Kong. The registered members shall fulfill the following eligibility conditions:-
(aa) He/she shall attain 18 years of age or above.
(bb) All Nepalese citizens with valid documents living in Hong Kong more than 182 days and those people of Nepalese Origin (PNO) who holds foreign national citizenship.
e) Honorary Members. People of foreign origin other than NRNs, who have made remarkable contribution for the cause of NRN shall be recommended for the honorary member. The Honorary Members are entitled to attend the National Convention and other activities carried out by the NRNA NCC but shall have no voting rights.
f) Associate members- Associate Members shall be the person of Non-Nepali Origin associated with companies, associations and organizations with an interest in promoting and helping Nepal. The Associate Members shall have no voting rights.
g) Advisors. NRNA-NCC Hong Kong may from time to time decide to appoint people of high standing or dignitaries with a long and/or outstanding record of contribution to the development of Nepal or any other person deemed to deserve by the Excom as patrons shall be appointed advisers of the Association. Advisors shall be invited to attend Excom meeting, express their opinion, offer advice but shall have no voting power. All the existing ICC appointment holders and members representing currently NRN Hong Kong for NRNA ICC shall become automatically the advisors of the Association and those Ex-ICC members/appointments holders also shall become the advisors of the Association for one term.
9. The Funds of the Association.
10. Source of Fund: Activities of the association shall be financed from the funds received from the following sources:
a) Membership subscription. Membership subscription shall be levied and regulate as per the guidelines of the NRNA ICC. However, in order to run the smooth functioning of the NRN Hong Kong, NRN Hong Kong shall enforce and regulate the fund management according to the decision and feasibility of NRN Hong Kong according to the existing law of Hong Kong (SAR).
c) Savings generated from the implementation of its programs.
d) The voluntary contributions received from the members or any other sources.
e) Interest of the capital deposited or invested.
11. Management of the Funds.
a) Management of the fund will be decided by the Excom. Any amount received by the association shall be deposited into the bank account designated by the Excom. Normally all transactions shall be carried out through bank. At least three members of the Excom, the Treasurer, the Coordinator and the President shall be jointly responsible for operating the bank account .
b) The Treasurer shall maintain appropriate records of all funds received, expenditures incurred and balance of the account. The Treasurer shall furnish the statement of income and expenditure to the Annual General Meeting (AGM) or in such time when necessary.
c) The Excom shall have the power to direct or approve the expenditure from the fund in accordance with this constitution and in the best interest of the NRNA – NCC Hong Kong.
d) The fund of the association shall be held in the bank account designated by the Excom. Expenditure from the fund shall be incurred with the joint signature of at least two members of the Excom as mentioned in 10 (a) above.
e) There should be proper use of fund and must be the approval of each transit by the Excom.The bank account will be opened within Hong Kong (SAR).
12. Accounting and Auditing.
The Treasurers of the association shall comply with the accounting and audit requirements in accordance with the laws of the Hong Kong SAR as decided by the excom. In order to facilitate smooth operation of fund, the following shall be adhered
a) The preparation of Annual Financial Statements for the association.
b) The auditing or independent examination of the financial statement of the association and the preparation of the annual report as required by the existing laws. Auditing and accounting of the funds shall be audited by an appropriate authorized/registered official agency which shall be approved by the Excom.
PART – VI
13. Composition of Executive Committee.
There shall be Executive Committee (Excom) to manage day to day business of the association from 17 to 23 members. The Excom shall comprise maximum of 23 members as follows:
(Subject to the decision of Excom as Excom may nominate five upto a maximum of additional members if required on top of the total number of Excom members referred in 13 (f).
14. Functions of the Executive Committee (Excom).
The Excom is the main body of the Association to carry out the day to day functioning of the Association. The major functions of the Excom shall be as under:
a) To prepare policy and program of the Association and submit to the Annual General Meeting (AGM).
b) To constitute committees and sub-committees to perform specific tasks as decided.
c) To review activities of the Association and adopt appropriate actions.
d) To review the operation and management of fund.
e) To establish work procedures of the Association, committees and sub-committees.
f) To perform any other tasks that may deem necessary to meet the objectives of the Association.
15. Duties of Office Bearers - The duties of the office bearers of the Excom shall be as follows;
a) President – The President shall function as the Chief Executive Officer (CEO) and preside over all meetings of the Association. He/she shall maintain contact with external parties (national and international authorities, institutions and individuals) to achieve the objectives of the Association, liaise with the ICC country representatives of the NRNA, advice Coordinator to hold the NC/SNC, SGM/AGM and Excom meetings keep oversight of the functions of other office bearers and appoint committees with an agreement with the Excom members. The President shall inform Excom and appoint the Vice President as mentioned in 13,(b) in the event of his absence from the office well in advance.
b) Vice President – There shall be one Vice President (VP) to assist president of the Association. The Vice President’s main responsibility shall be to assist the President in discharging his/her duties and presides over the meetings of the Association in his/her absence and perform any task delegated by the president.
c) National Coordinator (NC) – The NC shall keep the records of all official documents of the Association including the list of contact addresses and telephone numbers of all members and shall perform other duties as assigned to him/her by the Excom or the President. The NC shall be responsible to call the Excom and all other meetings, consolidate agenda for the meetings, maintain minutes of the meetings and advise all office bearers on these issues.
d) Joint National Coordinator (JNC) – The JNC shall assist the NC in discharging his/her job responsibilities. As referred in Vice President’s duties, The JNC shall act as an Officiating NC if he is absent from the office.
e) Treasurer – The Treasurer is responsible for keeping record of all transits received as subscriptions, donations and contributions from members and external parties. He/she shall be the custodian of all funds of the Association and shall invest and/or disburse them subject to the rules and/or as decided by the Excom according to the objective of NRNA NCC Hong Kong.
f) Members – Members shall support in implementing the programs of the Association, attend meetings and perform tasks assigned by the Excom. The Excom members shall also perform any duties requested by the NRNA in line with the objective of the Association. Members shall be appointed to any appointment in the event of creation of vacant post by a two third majority of the Excom through a special meeting.
16. Advisors/Honorary members/Associate memebrs – Advisors, Honorary members and Associate members shall be invited to attend the excom meetings and conventions organized by the NRN Hong Kong. They can express their opinion, suggestion and advises, but, they shall not be given with voting rights. The advisors shall be considered as eligible voters if they step down from the advisors’ status with a written letter to excom before 15 days of the commencement of the convention.
17. Provision to fill vacancies
In case of vacancy arising in the Excom prior to the normal tenure of the Excom, the President in consultation with the Excom members shall nominate members to fill the position until next election is held. List of all office bearers and active members shall be kept in Annexure VI to this constitution as additional information. The Vice President shall act on behalf of President in the event of his/her resignation/absent from the office until next NC/SNC.
PART - VII
18. Election Procedure.
a) All the office bearers/members of Excom shall be elected for 2 (two) years term, but shall be eligible for re-election. The tenure shall start from the date of declaration of election result.
b) The President of the Associations shall not be eligible for re-election to the same position for more than three consecutive terms.
c) The election of the Excom members shall take place among the members in attendance at the National Convention or Special National Convention called by the existing Excom.
d) Registered members of the NRN Hong Kong shall elect Excom by majority.
e) Excom shall constitute an Election Committee/Steering committee of maximum not exceeding five members each from among the Active members/advisers/honorary members prior to the election and get the acceptance in written form. Once the Active Members are nominated for the Election Committee/Steering Committee and accepted to be the member, their candidacy of the Excom shall not be allowed.
f) If sufficient members or office bearers can not be elected during the NC/SNC to form Excom as referred in 13 (a) to (g), Election Committee, with due consultation, may delegate power to newly elected Excom to fill required number of members selecting suitable members from the Registered Members.
g) The President of NRN Hong Kong shall be given preference by NRN Hong Kong for NRNA ICC member of the executive committee once he/she successfully completes his/her term as President of the NRN Hong Kong and in the event of his/her unwillingness to represent the country as an excom members of the NRNA ICC, excom shall have the right to nominate a suitable candidate among the registered members who have already completed one term as an excom member/appointment holder of the NRN Hong Kong. However, an Annual General Meeting shall be convened by NRN Hong Kong six months before the commencement of NRNA ICC General Convention to select the country representative of NRNA ICC member from NRN Hong Kong as stipulated in Article 16.3 of NRNA ICC constitution.
h) To participate as a contender in the election for any office bearer position of NRN Hong Kong, he/she must be an excom member of NRN Hong Kong at least a term of not less than one year period.
19. Declaration of Election Results.
Once the election is over, Election Committee/Steering Committee shall declare the announcement of the election results. New Excom shall be responsible to carry out the duties and responsibilities as reflected in this constitution with immediate effect. The President of newly elected Excom shall steer his/her team for next two years term.
20. Handing/Taking over of the duties and responsibilities.
The Ex-Excom shall hand over all the duties and responsibilities with property/asset of the Association with an audit report tallied in ground and ledger of each official bearer to newly elected Excom within 15 days from the date of election result under the supervision of ICC committee members which shall be kept in record.
PART - VIII
21. Annual General Meeting and Special General Meting.
The President shall summon the Annual General Meeting (AGM). Normally, the time gap between AGM shall not exceed twelve months period.
The President shall have the power to convene a Special General Meeting (SGM) whenever he/she may deem it advisable to do so or being thereto requested in writing by 51 percent Active members’ consent specifying the reason to hold such meeting.
22. National Convention.
The National Convention shall be the apex body of the NRN-Hong Kong. The National Convention shall be convened once in every two years. The Convention shall be responsible to formulate policies and programs, elect the Executive Committee, evaluate the activities carried out by the out going Excom, approve the reports and approve the financial reports to amend the constitution. The General Members of the NRN who have subscribed the membership from NRN-Hong Kong shall be entitled to attend at the Convention. A Special National Convention may also be called if necessary by a two third majority of Excom.
23. Business of the General Meeting.
The business as the AGM shall include, unless otherwise decided –
a) Appropriate welcome address.
b) Apologies for absence.
c) Minutes of the last general meeting.
d) Specific Agenda Items.
e) Any Other Business (AOB).
24. Termination of appointment holders/members.
a) Any member/office bearer of the association who is found to be guilty of any conduct in the opinion of the Excom or her/his membership found to be detrimental to the interest of the Association may be requested to resign, if refuses to do so, may be expelled by a resolution of the Excom subject to an opportunity being given to him/her to explain his/her conduct. Any such resolution shall require a majority of not less than two third of the Excom members present and voting.
b) Any member failing to attend three consecutive meetings called by the Excom, without any valid reason or written notice shall be automatically expelled from the membership of Excom.
Any of these rules may be rescinded or amended or added by the resolution passed at any GC, SGC, AGM or SGM of the Association by a two third majority of the Active members present and voting. The notice of such resolution, stating the nature of the proposed alteration/amendment or addition shall reach the Excom at least fourteen days before the date fixed for such meeting together with the names of the proposer and seconder.
26. Accepting Financial Support.
No member of the Association may receive any financial and other support from any person or organization without prior approval of the Excom.
27. Co-operation with other Nepalese Organizations and liaison with Government of Hong Kong SAR.
The Association may co-ordinate and liaise with other Nepalese association in Hong Kong SAR and Government to achieve its objectives.
The Association may be dissolved or disbanded by a resolution passed at any AGM or SGM of the Association by a two third majority of the Active Members present and voting.
29. Power to resolve unforeseen issues.
In the event of any specific issue, that may arise in future, which are not covered in this constitution, the Excom shall have the power to adopt appropriate procedure and policy in the interest of the Association. Such adopted procedures will be included in the constitution as an addition or annexure or separate article with an approval from AGM or SGM or NC/SNC.
30. Records and maintenance.
All the records of accounts, audits and membership shall be kept and maintained properly unless it is deemed to be useless as decided by the Excom. Such records shall be mentioned as an “Annexure” to this constitution. For example the records of members and office bearers, audit and account records of the fund of the Council shall be maintained.
31. Governing Law.
The governing law of Hong Kong SAR shall apply to the matters relating to the NRNA – NCC Hong Kong in operating its program in Hong Kong SAR and Nepal respectively.