CONSTITUTION OF THE WORLD
FEDERATION OF KSIMC
In The Name of Allah,
the Beneficent, the Merciful.
All Praise is due to Allah Subhanahu Wa Ta’ala
Who through His benevolence has bestowed upon us as His favour
the inspiration to form this body which we hereby do,
and we pray for His help and guidance in the attainment of our purpose
and we pray for His pleasure and we also pray for His blessings
to be showered on Prophet Muhammed (s.a.w.) and his progeny.
We the Organisations comprising of the followers of the Shia Ithna-Asheri faith
RECOGNISING THAT all efforts to serve the believers in particular and humanity in general should be for the sake of none but Allah;
RECOGNISING THAT believers are guardians of one another, they enjoin good and forbid evil;
RECOGNISING THAT commandment of Allah is to establish justice on earth, therefore, a Muslim society acts as an instrument to ensure that His commandment is fulfilled; and
RECOGNISING THAT the affairs of a Muslim society are conducted by consultations,
There is hereby established a federation of the Khoja Shia Ithna-Asheri Communities and the Shia organisations throughout the world to be known as the World Federation of Khoja Shia Ithna-Asheri Muslim Communities hereinafter referred to as “the Federation”.
The World Federation is a religious charitable organization registered in the UK with Charity Number 282303. As such, The World Federation operates in accordance with the applicable rules and regulations as contained within the laws of the United Kingdom.
In this constitution the following expressions shall have the following meanings:-
“The Charities Act” shall mean the Charities Acts 1992 to 2016 and any statutory modification thereof;
‘the Community’ shall mean all those persons throughout the world who are of the Shia Ithna-Asheri faith;
‘the Constitution’ means this constitution as originally adopted subject to any amendments made in accordance with the provisions hereinafter contained;
‘the Executive Council’ shall mean the members for the time being of the Executive Council of the Federation constituted in accordance with the constitution or a quorum of such members at a meeting of the Executive Council;
‘the Conference’ shall mean a general meeting of delegates of the members of the Federation convened in accordance with the Constitution;
‘the President of the Federation’ shall mean the President of the Federation who is a Khoja Shia Ithna-Asher member of the Community, for the time being elected in accordance with the Constitution;
‘the Vice President’ shall mean the Vice President of the Federation for the time being elected in accordance with the Constitution;
‘the Secretary General’ shall mean the Secretary General for the time being of the Federation elected in accordance with the Constitution;
‘‘the Assistant Secretary General’ shall mean the Assistant Secretary General for the time being of the Federation being appointed in accordance with the Constitution;
‘the Honorary Treasurer’ shall mean the Honorary Treasurer for the time being of the Federation elected in accordance with the Constitution;
‘the Assistant Honorary Treasurer’ shall mean the Assistant Honorary Treasurer for the time being of the Federation being elected in accordance with the Constitution;
‘the Office Bearers’ shall mean the President, Vice President, Secretary General and the Honorary Treasurer, Assistant Secretary General and Assistant Honorary Treasurer for the time being of the Federation elected and/or appointed in accordance with the Constitution and who shall be the charity trustees for the purposes of the Charities Acts;
‘the Trustees’ shall be the Office Bearers being Khoja Shia Ithna-Asheri members of the Community;
‘Jamaat’ shall mean a community or organisation of persons professing Shia faith;
‘‘Associate Member’ shall mean an existing member Jamaat which is unable to join a Regional Federation;
‘Post’ means communication sent by post or courier in its original form;
‘Constituent Member’ means a member of a Regional Federation which is a member of the World Federation;
‘Financial expert’ means an individual, company or firm who is an authorised person or an exempted person within the meaning of the Financial Services Act 1986;
‘the Electoral Commission’ shall mean the Electoral Commission of the World Federation for the time being elected in accordance with the Constitution;
‘Electoral College Points’ shall mean the definition set out in Clause 20.3;
The Standard Operating Procedures [SOP] shall mean the Standard Operating Procedures for the election of the post of The President of the Federation, which shall be passed by the Conference. The Executive Council may make necessary changes with a two thirds majority by those present and voting, however, such changes need to be ratified at the subsequent Conference with a simple majority by those present and voting.
The matter dealing with changes to the SOP shall require at least 24 hours’ notice prior to the Executive Council Meeting.
In order to amend the SOP at a Conference shall require only a simple majority.
‘Geographical Regions’ shall mean the 7 defined Regions comprising America, Europe, Middle East, Africa, Pakistan, India and East Asia/Oceania;
Khoja Shia Ithna-Asheri Bodies, Jamaats, Communities or Organisations established in such geographical regions as may be feasible and agreed by the Executive Council shall be eligible for a single membership of the Federation. Where no Regional Federation exists, the current individual member Jamaats shall form such a Regional Federation and apply for membership of the Federation no later than eight years from this change in the Constitution (8 October 2003). In the event one or more current individual member Jamaat shall not join a Regional Federation, they shall become Associate Members of the Federation with no voting rights. In a region where no Regional Federation is constituted nor applied for membership no later than eight years from the date of this change (8 October 2003), then all individual member Jamaats in that region shall become Associate Members with no voting rights (“Continuing Members”). Other than the current individual member Jamaats no such individual Jamaat, Community or Organisation be eligible to apply for membership of the Federation. Continuing Members within a Geographical Region will be treated as if they were a single member of the federation and the allocation of delegates and Executive Council seats will be as per clause 10.1. The apportioning of the Executive Council seats will be allocated by the Executive Council within the Geographic Region.
3.2.1 All applications for membership of the Federation shall be directed to the Secretary General and shall be considered by the Executive Council and if found fit by the Executive Council at that meeting the Secretary General shall seek the votes of all the members of the Executive Council by way of a postal ballot. The Executive Council may in its absolute discretion accept or refuse any such application without giving any reason therefore.
3.2.2 No application for membership will be considered unless the aims and objects of the applicant are consistent with the aims and objectives of the Federation.
3.2.3 Upon admittance by the Executive Council, the applicant shall become a member of the Federation.
3.3 Contravention of the Constitution
3.3.1 If at any time it shall come to the knowledge or information of the Secretary General that any member has contravened any provision of the Constitution or rules made there under or any directive or decision of the Conference or the Executive Council he shall immediately make necessary investigation and if he is satisfied that there exists sufficient evidence of such contravention he shall report it to the Executive Council and give notice thereof to the member concerned.
3.3.2 Not less than 14 days after notification of the charges to the Executive Council and to the member concerned as stated in 3.3.1 above the Secretary General shall convene a special meeting of the Executive Council to consider the charges and give due notice of such meeting to the member concerned and inform such member of its right to attend such meeting of the Executive Council and answer the allegations in support of his defence or make written representations in this behalf or both.
3.3.3 The Executive Council shall be convened on the date fixed by the Secretary General and shall hear the charges as specified by the Secretary General and make its determination thereon. The quorum for such a meeting of the Executive Council shall not be less than 75 per centum of the members of the Executive Council and its decision shall require the support of two thirds of the members present at the meeting. The Secretary General shall not be entitled to partake in the deliberations of the Executive Council or in its decision on such charges.
3.3.4 At the conclusion of its determination the Executive Council may reject the charges or reprimand or suspend the member for such period of time as it may consider appropriate and in the event of such member committing a second or subsequent contravention the Executive Council may subject to the compliance of the procedure hereinbefore referred to, in respect of such subsequent contravention exclude it from membership of the Federation.
3.3.5 If aggrieved by the decision of the Executive Council the member may within 60 days of being notified of the decision of the Executive Council appeal to the Conference against the decision but such appeal shall be heard and determined by the Conference at its next sitting to be held in the normal course of events. The decision of the Conference shall be final and binding.
The objects of the Federation shall be:
to promote the Shia Ithna-Asheri faith throughout the world;
to relieve poverty amongst the members of the Community; and
to educate members of the Community.
Powers of the Federation
In furtherance of the above objects but not further or otherwise the Federation shall have the following powers (which shall be exercised by a body having exclusively charitable objects and only in so far as may be permitted by the Shia Ithna-Asheri Sharia):-
to promote and organise religious and educational instruction;
to establish and assist in the formation of religious and secular educational and welfare institutions and training schemes;
to co-ordinate and unify the religious customs, conventions and observances of the Community;
to settle any differences or disputes amongst its members and in the Community;
to hold conferences, meetings, seminars and discussions;
to publish, produce and distribute and to assist in the publication, production and distribution of books, literature, films, pamphlets, posters, periodicals and journals;
to collaborate and co-operate as appropriate with other religious organisations throughout the world;
to purchase, take on lease, exchange, hire or otherwise acquire any real or personal property and any rights or privileges;
to amalgamate or affiliate with or to acquire or take over the undertaking of any charitable institution or body and all or any of the assets thereof which the Federation may lawfully acquire or take over;
to make arrangements for carrying on the work of the Federation and for this purpose to engage and provide in whole or in part for the salaries and wages of all officials and employees (not being officers of the Federation) and all other expenses incidental to the management of the property of the Federation or any purpose connected with the Federation;
to sell, let, mortgage, dispose of or turn to account all or any of the property or assets of the Federation (but only in accordance with the restrictions imposed by the Charities Acts);
to establish and support or aid in the establishment and support of any charitable company, association or institution and to subscribe or guarantee money for charitable purposes (but only in accordance with the restrictions imposed by the Charities Acts);
to employ solicitors, accountants, bankers, brokers or other agents to transact any business (including the receipt and payment of money);
to deposit any part of the property of the Federation or the documents of title relating thereto at any bank for such period or periods as it may think fit (but only in accordance with the restrictions imposed by the Charities Acts);
to raise money without security or upon the security of the property of the Federation or any part or parts thereof by way of mortgage, charge or otherwise and upon such terms and subject to such conditions as shall be considered expedient (but invest only after obtaining advice from financial experts and having regard to the suitability of investments and the need for diversification);
to accept or to disclaim donations, gifts, covenants, subscriptions, legacies and other assistance including but without prejudice to the generality of the foregoing loans at interest or free of interest;
to open and maintain in the name of the Federation or the Trustees a banking account or banking accounts at any bank and at any time to pay or cause to be paid any moneys forming part of the property of the Federation to the credit of any such account or accounts or cause the same to be placed on deposit with any bank and to borrow money on overdraft from any bank; (but invest only after obtaining advice from financial experts and having regard to the suitability of investments and the need for diversification);
to do all such other lawful things as are in furtherance of the objects of the Federation and which do not involve the application of the property of the Federation otherwise than for exclusively charitable purposes.
To set aside funds for special purposes or as reserves against future expenditure;
To delegate the management of investments to a financial expert, but only on terms that:
5.20.1 the investment policy is recorded in writing by the Financial Expert for the Office Bearers;
5.20.2 every transaction is reported promptly to the Office Bearers;
5.20.3 The performance of the investments is reviewed regularly with the Office Bearers;
5.20.4 The Office Bearers are entitled to cancel the delegation arrangement at any time;
5.20.5The investment policy and the delegation arrangement are reviewed at least once a year by the Office Bearers;
5.20.6 All payments due to the financial experts are on a scale or at a level, which is agreed in advance and are reported promptly to the Office Bearers on receipt;
5.20.7 The financial expert must not do anything outside the powers of the Office Bearers;
to insure the Federations’ property against any foreseeable risk and take out other insurance policies to protect the Federation where required;
To insure members of the Office Bearers against the cost of a successful defence to a criminal prosecution brought against them as charity trustees or against potential liability incurred in respect of any act or omission which is or is alleged to be a breach of trust or breach of duty (unless the member concerned knew that, or was reckless whether, the act or omission was breach of trust or breach of duty)
Powers of the Trustees
If at any time or times the property of the Federation or part thereof shall comprise land or any interest therein the Trustees shall have the following powers which, subject to clause 7.1, shall be exercised when so determined by the Conference or, between Conferences and subject to any directions of the Conference, the Executive Council:-
power to keep any building for the time being forming part of the property of the Federation insured against any risks with Lloyds Underwriters or some Insurance office of repute in the name of the Federation and for such purposes all premiums and other moneys which may be required may be paid out of the assets of the Federation;
power to apply any money for the time being forming part of the property of the Federation in improving any land which or the proceeds of sale of which may for the time being belong to the Federation or in erecting, enlarging, improving or rebuilding any buildings upon such land;
power in addition to the powers of management conferred by law upon Trustees holding land upon trust for sale to sell, exchange, convey, lease, mortgage, charge, agree to let or otherwise conduct the management of any land belonging to the Federation as if the Trustees were the beneficial owners of such land absolutely entitled;
power for the purpose of promoting the efficient management and administration of the Federation to accept, purchase or take on lease any freehold or leasehold premises for use as office premises for the management and administration of the Federation and to apply moneys for the Federation in the purchase or hiring of equipment for use in connection with such premises provided that such use shall be necessary to the promotion of the charitable purposes of the Federation;
power to permit any freehold or leasehold premises forming part of the property of the Federation to be occupied and used by any other charity or non-profit making institution upon such terms as to rent, rates, taxes and outgoings and as to insurance, repair and decoration as the Executive Council shall in the absolute discretion think fit.
Liabilities of the Trustees
The Trustees shall concur in and do all acts necessary to enable the Conference or Executive Council to exercise their powers hereunder unless the matter in which the Trustees are requested to concur involves or is in the opinion of any of the Trustees likely to involve the Trustees in any liability unacceptable to any of the Trustees.
The Trustees shall not in any way be liable for doing or refraining from doing any act or thing at the direction of the Conference or Executive Council and shall not be required to consider whether there is any power enabling them to do or not to do any act or thing at the direction of the Conference or Executive Council and shall be wholly exonerated from responsibility for doing any act or thing at such direction as aforesaid.
Every member of the Federation shall pay such subscription as may from time to time be determined by the Executive Council;
The said subscription shall be due on January 1 and shall be paid to the Honorary Treasurer not later than March 31 every year;
Members who fail to pay their subscriptions by the due date shall automatically forfeit all their voting rights as members of the Federation until the arrears are paid in full provided that where a member satisfies the Executive Council that the failure to pay subscription was due to genuine difficulties or other just cause the Executive Council may extend the period within which the outstanding subscription must be paid and such member shall not during such extended period forfeit its voting rights as a member of the Federation.
The Conference shall be convened by the Executive Council. The Conference shall be either an Ordinary Conference or an Extraordinary Conference. The Ordinary Conference shall meet at least once every three years and the Extraordinary Conference shall meet whenever convened by the Executive Council or when requisitioned by at least two thirds of the Members of The World Federation where such requisition shall be deemed served if sent to the Secretariat,
the Ordinary Conference that was due to meet in March 2020 shall instead commence no later than 1 June 2021 and
no Extraordinary Conference may be requisitioned to commence earlier than 1 June 2021.
In the event of failure to call the Extraordinary Conference within 60 days of the requisition, the requisitioning members may within 10 days of the sixtieth day proceed to call an Extraordinary Conference by giving at least 30 days’ notice to ALL members stating the date, venue and agenda of such Conference. Such notice shall be accompanied with a copy of their requisition.
If quorum at such meeting is not achieved such motion will deem to have been defeated and no other meeting shall be convened for the matter/s mentioned in the requisition for a period of six months from the date of such meeting nor can another requisition on the same matter be submitted during that time.
Should the requisition be for a vote of no confidence in the President or Secretary General, the President shall declare an interest and invite nominations for a Chairman to Chair such Conference. If consensus cannot be reached on a Chairman, an election may be held to elect a Chairman for the meeting.
The Office Bearers and members of the Executive Council as appropriate shall be granted reasonable opportunity to defend themselves against any deemed impropriety of action if such is contained in the requisition or tabled before the Conference.
The Extraordinary Conference shall deliberate only upon such agenda for which purpose the said Extraordinary Conference has been convened.
Representation at Conference
Each member regardless of the number of individuals within itself shall be entitled to send one representative as delegate to the Conference provided that where the number of individuals within a member exceeds one thousand (1000) then such member shall be entitled to send one additional delegate for every one thousand (1000) individuals in excess of the one thousand within such member, provided that the total number of delegates shall not exceed 20. However, where the member is a Regional Organization, the total number of delegates shall not exceed 20;
Unless otherwise specified in the Constitution each member of the Federation shall have one vote per delegate present and voting at the Conference as its representative and all questions at any Conference shall be determined by a simple majority of the votes of those persons entitled to be present and to vote and who vote on the question;
Each member of the Executive Council shall have the right to attend and vote at the Conference.
Venue of Conference
The Conference shall meet at such place and on such date as determined by the Executive Council from time to time.
Notice of Conference
At least 90 days prior to the convening of the Ordinary Conference and at least 30 days prior to the convening of the Extraordinary Conference the Secretary General shall when so directed by the Executive Council send a written notice to each member of the Federation. Such notice shall specify the date and place of the Conference and the agenda of the business set down by the Executive Council for the Conference;
Such notice shall be deemed to have been properly given hereunder upon posting of the notice by airmail to each member at its last known address as notified to the Secretariat by such member. It shall be the duty of each member to notify the Secretariat of any changes in its address and to ensure that the Secretariat has at all times the correct address of such member;
No meeting of the Conference shall be rendered irregular by reason only of the non-receipt of such notice by any member where such notice has been duly given in accordance with the provision of sub-clause 12.2 of this clause.
Additions to the Conference Agenda
Each member shall be entitled to have items added to the agenda if submitted to the Secretary General at least 45 days before the date of the Ordinary Conference or 15 days before the date of the Extraordinary Conference. The Secretary General shall circulate additions to the agenda to all members prior to the meetings of the Conference.
Chairman of Conference
The President of the Federation or in his absence the Vice President of the Federation shall be the Chairman of the Conference. In the absence of both at any meeting of the Conference, the Conference shall elect ad hoc a person amongst the delegates at the Conference to preside over the meeting of the Conference as the Chairman.
In the case of equality of votes the Chairman shall have a casting vote in addition to a deliberative vote.
Any person chairing the meeting, and determined to have any interest direct or indirect, financial or otherwise, shall immediately declare so in the meeting and vacate the chair, till such item of agenda is completed and closed. Such conflict will be determined by a simple majority of the delegates present and a temporary chairman shall be elected by the delegates present.
Change of Executive Council
Where at any meeting of the Conference the Executive Council has been elected for the next term of office, the outgoing members of the Executive Council shall have the right to continue to attend and participate at such meeting of the Conference until the conclusion of the Conference. The newly elected councillors shall take office AFTER conclusion of the Conference.
The President of the Federation may invite members of the Community as invited guests at the Conference. They shall not however, in the capacity of invited guests, be entitled to vote on any matter at the meetings, although they may participate in the deliberations.
Powers of Conference
The Conference shall have the power by a resolution passed by a simple majority of delegates present and voting at the Conference to:
exercise or direct the Trustees or the Executive Council to exercise all or any of the powers of the Federation;
confirm, reverse, alter or defer its own decisions or the decisions of the Executive Council, the Secretariat or other committees or sub-committees set up by the Federation (which Secretariat, committees and sub-committees shall report their decisions to the Executive Council as soon as possible after they have been made);
confirm or question any rules, decisions or laws of any of its members and to require any such member to rectify the matter by appropriate measures.
The Conference shall have the power by a resolution to amend, alter or replace any provisions of the Constitution
Nothing herein contained shall authorise any amendment which shall have the effect of the Federation ceasing to be a charity at law;
No amendment, alteration or replacement may be made to this Clause, Clause 4 or Clause 27.
No amendment, alteration or replacement of the provisions of the Constitution shall be made if it is repugnant to or in violation of the principles and tenets of the Shia Ithna-Asheri Sharia.
(a) for the purpose of this sub-clause every member of the Federation shall have one vote per delegate present and voting at the Conference as its representative. The voting shall be by show of hands except when requested by even one delegate for ballot;
17.2.4 (b) such resolution shall not be passed unless all members have been notified of the proposed resolution sixty (60) days before the convening of the Conference and the resolution be supported at the Conference by a seventy-five per cent majority of the votes of those persons entitled to be present and to vote and who vote on the resolutions.
Where the Executive Council consider that for any good cause a meeting of the Conference cannot be convened in due time and that a resolution needs to be considered urgently then such resolution may with the concurrence of all members of the Federation be passed, without convening the meeting of the Conference, by postal vote
such resolution does not relate either to amendment, alteration or replacement of any provision of the Constitution or the dissolution of the Federation;
such resolution is submitted in writing to all members and submission is duly acknowledged by each member and the postal vote is required not earlier that six (6) weeks from the date of such submission; and
such resolution is supported by a simple majority. For the purpose of this sub-clause each member shall have the same number of votes as it would have under Clause 10 as in the case of duly convened Conference. Such resolution shall be as valid and effectual as a resolution duly passed at a meeting of the Conference.
The full text of any resolution passed under sub-clause 17.3 of this clause shall be set out in the notice given pursuant to clause 12 of the Constitution of the next Conference.
Quorum for Conference
The quorum for any meeting of the Conference shall be formed if the delegates present at the meeting represent thirty-five per centum of the total number of members of the Federation and a majority of members from at least two continents.
19.1.1 The Executive Council shall be composed of the following:
1. President of the Federation
2. Vice President
3. Secretary General
4. Honorary Treasurer
5. Assistant Secretary General
6. Assistant Honorary Treasurer
7. Eight Ordinary Councillors
8. Eight Appointed Councillors
9. Nominated Councillors
It is noted that for the purposes of the Charities Acts, the Office Bearers are the charity trustees who bear ultimate responsibility for the management and administration of the Federation.
19.1.2 Terms of Office
(a) The President,
Elected through the process set out in Clause 20, Vice President, Honorary Treasurer and Eight Ordinary Councillors and members of the Electoral Commission who shall be elected by the Conference will hold office for a term not to exceed three (3) years; unless directed by a special resolution of an Extraordinary Conference pursuant to clause 9 PROVIDED THAT the Vice President, Honorary Treasurer, Eight Ordinary Councillors and members of the Electoral Commission who were in office on 1 March 2020 shall hold office until the conclusion of the first Conference to meet after that date.
(b) Secretary General
The Secretary General shall be appointed by the President and shall hold the office at the President’s pleasure provided that his term of office shall, subject to any re-appointment come to an end at the end of the term of office of the President.
(c) An Assistant Secretary General
An Assistant Secretary General may be appointed to assist the Secretary General. The appointment being made by the President from time to time and shall hold office at the President’s pleasure provided that his term of office shall, subject to any re-appointment come to end at the end of the term of the office of the President. The duties and responsibilities of the Assistant Secretary General shall be limited to those that are assigned and/or delegated by the Secretary General.
(d) Assistant Honorary Treasurer
An Assistant Honorary Treasurer shall be elected by the Conference to assist the Honorary Treasurer. The duties and responsibilities of the assistant Honorary Treasurer shall be limited to those that are assigned and/or delegated by the Honorary Treasurer.
(e) Appointed Councillors
The President of the Federation shall have the right to appoint the Eight Appointed Councillors of the Executive Council from the members representing any part of the world. The Appointed Councillors shall hold office at the President’s pleasure.
(f) Nominated Councillors
Each member of the Federation shall nominate ONE Nominated Councillor, not necessarily from its own managing or executive body to hold office at its pleasure PROVIDED THAT:-where the member is a Regional Federation, the said member shall be entitled to nominate Eight Councillors.
Each Nominated Councillor shall hold office for the duration of the term served by the Office Bearers of the Federation.
(g) The Office Bearers shall not whilst holding office at The world Federation, hold the position of an Office Bearer of a Regional Federation, Constituent Member or Jamaat.
19.1.3 Vacancy on the Executive Council
Subject to other provisions covered herein the Executive Council of the Federation shall have the sole right to fill any vacancy occurring on the Executive Council as a result of resignations, incapacity, death or otherwise, by appointing such member as it deems fit.
The quorum for meetings of the Executive Council shall be thirty-five per centum of the Executive Council provided that at least two Geographical Regions are present and at least one of those present shall be either the President or the Vice President or the Honorary Treasurer or the Secretary General.
19.1.5 Forfeiture of Seat on the Executive Council
A member of the Executive Council shall forthwith and with immediate effect forfeit his office in the following circumstances:
(a) if he ceases to be a Shia Ithna-Asheri;
(b) if he resigns from the Executive Council;
(c) if, in the case of any member of the Executive Council subject to appointment by the President, such member is removed by the President at his pleasure;
(d) if he is convicted of an offence involving moral turpitude and the Executive Council resolve that he be expelled;
(e) if he is certified or otherwise adjudged to be of unsound mind or insane;
(f) if he is adjudged a bankrupt.
19.1.6. Notice of Meeting
At least 60 days prior to the convening of the meeting of the Executive Council and at least 7 [seven] days prior to the convening of the Extraordinary meeting of Executive Council the Secretary General shall send a written notice to each member of the Executive Council. Such notice shall specify the date and place of the meeting and the agenda of the business set down for the meeting PROVIDED THAT until the commencement of the first Conference to meet after March 2020 the Executive Council may meet and take decisions by electronic means as described in clause 30.
Powers and functions
The Executive Council shall implement decisions of the Conference and shall subject to any direction, decision or rules made by the Conference manage the Federation and may exercise the powers of the Federation between meetings of the Conference.
The Executive Council shall discuss, formulate and recommend to the Conference for approval policies and actions which in its view would facilitate the attainment of aims and objects of the Federation.
Subject to any decision of the Conference the Executive Council shall have the power to make such rules or regulations (which are not inconsistent with any decision or rules or regulations made by the Conference) as may be necessary for the furtherance of the aims and objects of the Federation and such rules or regulations shall be valid and binding on all members until they are revoked or amended by a resolution passed by the Conference or the Executive Council.
The Executive Council shall have the power to establish such committees and to assign them such duties as may be necessary and with the approval of the Conference to delegate to them such powers as may be deemed necessary.
Agencies of the Secretariat
The Executive Council shall with the consent of member resident in that area have the power to establish such regional or sub-regional branches or agencies of the Secretariat in any part of the world as it may deem fit.
The voting shall be by show of hands except when requested by even one delegate for ballot.
Any person chairing the meeting and having any interest direct or indirect, shall immediately declare so in the meeting and vacate the chair, till such item is fully discussed and the item of agenda is completed and closed. A temporary chairman shall be elected by those present in the meeting.
Election of President
The President of the Federation shall be elected for a term not exceeding three (3) years by the eligible voters of the Constituent members of the Federation in accordance with the following provisions PROVIDED THAT the President who was in office on 1 March 2020 shall hold office until the conclusion of the first Conference to meet after that date.
At least one hundred  days before the end of the term of office of the President, the Electoral Commission shall issue a notice to all members inviting written nominations within thirty (30) days of such notice for a candidate for the office of the next term not exceeding three (3) years.
Such nominations shall be accompanied by a written communication from the person nominated signifying his consent to such nomination.
Notice of Nominations
The Electoral Commission shall within a period of seven (7) days after the closing date for the submission of the nominations, send to members all such nominations received by him in response to the notice and ask all members to vote on nominations. Each member shall submit its votes to the Electoral Commission by post at least 30 days before the end of the term of office of the President.
Counting of Votes
The Executive Council of the Federation shall appoint two Executive Councillors to witness the counting of the votes at The World Federation. The Electoral Commission will then calculate the proportion of the votes received by each candidate within each Member and apportion the Electoral College points based on the number of delegates that Member is entitled to in proportion to the number of delegates that the Member gains at The World Federation Conference as per Clause 10.1 of The Constitution. The candidate receiving the highest number of aggregate Electoral College points shall be declared President-Elect.
The formula shall be: Number of Electoral College Points received by candidate per Member equals [Total Votes Received by the candidate in that Member divided by total Votes Cast within that Member] times Number of Delegates allocated to that Member. The Member shall not round up or otherwise of the result of this formula.
In the case of
the duly elected President dying before the Conference;
two or more candidates receiving equal number of Electoral College Points;
no eligible nominations having been received for the office of the President by the due date; the Conference shall first convert into Extraordinary Conference for the purpose of electing the President from among the delegates present, or from the names of candidates with equal number of votes, whichever the case may be. The Extraordinary Conference will then revert to Ordinary Conference for transacting its business on the Agenda.
For the purpose of Election of the President by postal votes, each Member of the Federation shall be entitled to one vote for every individual head eligible to vote within its Constituent Members.
The percentage votes received by each Candidate in each Member will be multiplied by the number of delegates that the Member is entitled to be represented by at the Conference to determine the Electoral College Points acquired by each of the candidates from that Member
Submission of Votes
When there is more than one candidate for election of the office of the President the Members shall submit to the Electoral Commission the exact number of votes cast within each of their Constituent Members in respect of each candidate. A candidate receiving the largest aggregate number of Electoral College Points shall be declared the President-Elect, in accordance with clause 20.3.
Representatives of the Federation
The President of the Federation shall have the right to appoint any Office Bearer to represent the Federation at any occasion, meeting or celebration as he deems fit, provided that if an Office Bearer is unable to represent the Federation, then the President shall appoint the Executive Councillor residing in the proximity of the area to represent the Federation.
In responsibilities delegated by a Marja’, the President in conjunction with the Executive Council shall have the power to act on behalf of the Federation to fulfil the religious obligation. However, in financial matters such as receipt and disbursements of Khums and other religious dues the normal financial rules of the Federation shall apply.
Vacancy of President
If the Office of the President becomes vacant as a result of resignation, incapacity, death or otherwise the Vice President shall assume the office of the President for the remaining period of his term of office.
President's Terms of Office
No one person shall hold the office of the President for more than two (2) consecutive terms not exceeding three (3) years each but may hold the same Office Bearer position after a break of one term. In the event clause 20.8 becomes operative, the term served by the Vice President will not be considered as falling under clause 20.9.
The Secretariat of the Federation shall be based in the UK. The Secretariat shall be managed by the Secretary General assisted by the Honorary Treasurer and such other staff as the Secretary General may, subject to the approval of the President, deem fit.
Duties of Secretary General
The Secretary General shall:
be in charge of the Secretariat and the Federation’s staff
be responsible for giving notices of all meetings of the Office Bearers, Conference and the Executive Council;
prepare the agenda of all such meetings in consultation with the President and circulate the same;
record and maintain full and proper minutes of all such meetings;
in consultation with the President deal with all matters that come before the Secretariat;
execute the decisions and directions of the Executive Council and subject to prior approval of the Executive Council the recommendations of the committees set up by the Executive Council.
Subject to Sub-Clause 24.1 all properties and funds of the Federation shall be vested in the Office Bearers as the trustees.
Subject to Clause 7 the Trustees shall not deal with any of the properties or funds of the Federation except in accordance with the instructions of the Conference or the Executive Council.
The Honorary Treasurer may keep with him such amounts of cash as may be approved by the Executive Council from time to time and shall not make payments of any accounts, bills or vouchers, etc. without first getting the same certified and passed by the Secretary General and/or the President or the Vice President.
Expenditure by the President
In case of urgency the President shall have the power to expend or donate a sum not exceeding five thousand pounds (£5,000) in any one year without the prior sanction of the Executive Council. He shall in the meeting immediately following, notify the Executive Council of such expenditure or donation and have it recorded in the minutes of its meeting. The amount authorised under this provision may be varied from time to time by the Conference who may attach such general conditions for disbursement of such expenditure or donation as it may deem fit.
Books of Account
The Honorary Treasurer shall keep usual and proper books of account and faithfully record therein the receipts of income and expenditure of the Federation and shall submit the same for inspection of the Conference and the Executive Council as and when required.
Accounts, Annual Report, Annual Return
The Honorary Treasurer and Office Bearers must comply with their obligations under the Charities Acts with regard to:
the keeping of accounting records for the charity;
the preparation of annual statements of account for the charity;
the transmission of the statements of account to the Commission;
the preparation of an Annual Report and its transmission to the Commission;
the preparation of an Annual Return and its transmission to the Commission.
Accounts must be prepared in accordance with the provisions of any Statement of Recommended Practice issued by the Commission, unless the Honorary Treasurer and Office Bearers are required to prepare accounts in accordance with the provisions of such a Statement prepared by another body.
The accounts of the Federation shall be submitted to the Executive Council each year and to the Conference at each Ordinary Conference who shall be permitted to ask the Honorary Treasurer and Office Bearers for such detail as they may require.
The Honorary Treasurer and Office Bearers shall comply with the requirements in the Charities Acts and any Statement of Recommended Practice issued by the Commission as to the audit / independent examination of the accounts.
The Auditor or Auditors shall be elected at every Conference of the Federation and he or they shall have power to inspect the accounts of the Federation as and when he or they may deem necessary. He or they shall audit all accounts and report thereon. The Auditor(s) shall not be delegates of the Conference. No person shall be appointed as the Auditor of the Federation unless he is a member of a recognised supervisory body and is eligible for appointment under the rules of the body as provided for under the Company’s Act (UK) 1989 Section 25 or any amendment or substitution thereof.
The Electoral Commission shall be made up of three individuals elected at every Ordinary Conference where they are present although not necessarily as delegates; for the sole purpose of calling, supervising and monitoring all voting and elections of any posts of the Federation. Any person elected to the Commission will forfeit his position as delegate if he was a delegate prior to being elected on the Electoral Commission. One of them shall be elected by the Conference as the Chairman who shall act as the Returning Officer for all voting and elections of the Federation including any held at the Conference. In the event of a vacancy of or resignation by any of the three individuals in the Electoral Commission, or if found by the Executive Council to be in violation of the SOP process, the Executive Council shall have the power to appoint a Commissioner[s] by a simple majority of the Executive Council.
The Federation shall only be dissolved at the Extraordinary Conference called for such purposes. The dissolution shall only be valid if:
a resolution is passed by such Conference supported by at least 90 per centum of the total members of the Federation; and
the representatives of the members of the Federation present at such Conference attach their signatures to an Instrument of Dissolution under the authority of a written mandate from their respective Jamaats. In the event of such dissolution the assets of the Federation shall be transferred to such charity with objects similar to those of the Federation as may be specified in the dissolution resolution.
Every Member Regional Federation, Associate Member and Constituent Member by accepting membership (affiliation) in and to the Federation agree to uphold and be bound by the provisions of this Constitution and any rules, regulations of the Federation and agree to pursue the objectives of the Federation as set forth in Section 4 hereof. By accepting membership in the Federation, each Regional Federation, Associate Member and Constituent Member Jamaats agree to indemnify, defend and hold harmless the Federation, their other Members, Officers, Directors, Trustees, Councillors and Employees from and against any and all claims, causes, causes of action, damages, suits, legal proceedings or controversies of any nature arising out of or relating to said members violation of this Constitutions, the rules, regulations and resolutions of the Federation and any law or regulation of any governing authority out of or relating to any bodily injury or property damages which results from actions or inactions of said member
Participation in meetings by electronic means.
Until the commencement of the first Conference to meet after March 2020 a meeting of the Office Bearers or the Executive Council may be held by suitable electronic means agreed by the Office Bearers in which each participant may communicate with all the other participants.
Any person participating in a meeting by suitable electronic means agreed by the charity trustees in which a participant or participants may communicate with all the other participants shall qualify as being present at the meeting;
Meeting held by electronic means must comply with rules for meetings, including chairing and taking minutes.