A PROPOSED CONSTITUTION FOR THE NIGERIAN COMMUNITY IN BEIJIN

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Femiseye

Posts: 48

Joined: Wed Jun 23, 2010 6:29 am

Post Tue Oct 26, 2010 8:25 pm

A PROPOSED CONSTITUTION FOR THE NIGERIAN COMMUNITY IN BEIJIN

Today 27/10/2010 from 5pm -7pm... Some members of the Nigerian Community would be compiling a proposed constitution for the Nigerian community in Beijing that would be presented at the next General Meeting for amendment and approval by all members . Venue : LIDU STARBUCKS
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Femiseye

Posts: 48

Joined: Wed Jun 23, 2010 6:29 am

Post Thu Oct 28, 2010 1:36 am

Re: A PROPOSED CONSTITUTION FOR THE NIGERIAN COMMUNITY IN BE

Attached is the proposed constitution that was compiled at the meeting by some members of Nigerian community in beijing on 27/10/2010.
All members are free to make amendment on this proposal before it would be presented at the next General Meeting for approval by all the community members.
A PROPOSED CONSTITUTION OF
THE NIGERIAN COMMUNITY IN BEIJING CHINA

ARTICLE 1. PREAMBLE
We, the citizens of the Federal Republic of Nigeria and Nigerian descents temporarily or permanently residing in Beijing China, having firmly and solemnly resolved, to live in unity and harmony as one people of the same origin with common culture and moral values, dedicated to the promotion of mutual cooperation and solidarity, peaceful co-existence within the Chinese populace, and to provide an establishment and a forum to unite Nigerians by forming a non-tribal, non-sectarian, non-governmental, not-for-profit social organization to be known and addressed as “ The Nigerian Community in Beijing China”; do hereby make, enact and give to ourselves the following Constitution to guide the operations of the organization:-
1. The name of the organization, which is a voluntary, independent, nonprofit social establishment (hereinafter referred to as “the Community” and abbreviated as “NCBC”), is “The Nigerian Community Beijing China”. The Community is created to unite all Nigerians and people of Nigerian descent in Beijing, to defend their common and individual interests and to promote the image of Nigeria through realization of the aims and objectives set forth in this Constitution in complete submission to the Chinese Constitution and Federal laws on public/community/nonprofit organizations.
2. The Community is a legal entity, which it acquired under the relevant laws of the Chinese Federation.
3. The Community office for now shall be in one of the office in the Nigeria Embassy in Beijing until when the community can get a right place to operate.
4. The Community is a transparent organization, with information on its activities accessible to both its members and public. For this purpose, the Community shall possess her own official website.

ARTICLE 2. AIMS AND OBJECTIVES
1. To promote unity and understanding among Nigerians and Nigerian descents residing in China.
2. To protect and defend the legitimate human, social and professional rights of all its members without any prejudice.
3. To assist and cater to the general welfare of all its members including those in detention in Beijing .
4. To project and enhance a good image for Nigeria and participate in the promotion of social and cultural harmony within the Chinese society, and thereby enhance a healthy and cordial relationship between Nigeria and Chinese Federation.
5. To serve as medium for members to participate in the process of visioning, planning and promotion of social, cultural, economic and democratic development and good governance of Nigeria as one indivisible and indissoluble sovereign nation.
6. To act as a forum for cultural, educational, commercial, industrial, scientific, technical and tourism exchange between Nigeria and China and to provide an updated and authentic information to these regards and enlighten the society and the world at large about Nigeria’s potentialities in various fields of human endeavor by whatever ethical and legitimate means that are feasible. .
7. To encourage contacts and establish networking amongst Nigerians living in China and elsewhere in the world and maintain close liaison with other Nigerian organizations having similar aims and objectives with the Community.
8. To encourage Nigerians living in China to be law-abiding and good representatives of the black race.
9. To promote the principle of equality, diversity and good relations between persons of different racial groups in China.

ARTICLE 3. MEMBERSHIP, RIGHTS AND OBLIGATIONS OF MEMBERS
3.1. Membership Requirements
Membership is OPEN to every individual of 18 years and above living in Beijing China that is either born in Nigeria or of Nigerian descendants by birth or by marriage, provided the following conditions and requirements are duly satisfied.
3.1.1. Applicant(s) shall provide a valid Nigerian passport or any document to ascertain to the connectivity with Nigeria.
3.1.2. In case of lack of any document as provided for in 3.1.1 above, a letter of identification by any three (3) Executive members of the Community could be used as a reference.
3.1.3. The applicant(s) shall agree to abide by and uphold the Community’s aims and objectives as contained in this Constitution
3.1.4. Application for membership shall be made by registering your name and your telephone number on the Nigerian in Beijing Booklet.
3.1.6. The EXCO of the Community has NO right to refuse membership to any applicant who meets the requirements stated above.
3.2. Cessation of membership
A person shall cease to be member of the Community or expelled from the membership of the Community and have his/her name forthwith removed from the members’ register if:
3.2.1. the Member sends a written notice of withdrawal to President-General or Secretary-General of the Community; or
3.2.2. the Member did not attend at least a General Meeting during a period of one Community year without any prior warnings or obvious reasons or systematically absents him-/herself from the Community’s activities to which Members are invited
3.2.4. the conduct of any Member shall, in the opinion of the Disciplinary Committee, be detrimental to the interests of the Community.
The Disciplinary Committee shall have the exclusive right to decide if such conduct is punishable by expulsion of such a Member from the organization. Such a decision could only be taken at a meeting convened solely or inter alia for the purpose of considering such resolution. The Member concerned should be given a reasonable notice and an opportunity to explain his/her conducts either orally or in a written form.
An aggrieved member not satisfied with the decision of the Disciplinary Committee reserves the right to file an appeal against the decision of the Disciplinary Committee to the Executive Council, which shall set up an Appellate Committee, comprising of all the members of the Disciplinary Committee and two (2) other independent persons appointed by the President-General from ordinary members of the organization. In case the President-General is the appellant, then the EXCO appoints the other two (2) independent persons from the General House to join the Appellate Committee.
3.3. Rights of Members
Every Full Member of the Community shall have the following rights and privileges:
3.3.1. The right to vote at elections and to stand for election as an EXCO member of the Community, provided he/she satisfies the criteria for election as stipulated in this constitution;
3.3.2. The right to vote and speak at any General and/or Annual Meeting of the Community, provided the orderliness and agenda of the day are adhered to;
3.3.3. Directly or indirectly participate in the running of the Community by initiating proposals to the EXCO;
3.3.4. Approach the Community for assistance in such issues as provided for in the Aims and Objects of the Community;
3.3.5. Receive accurate and updated information about the affairs of the Community;
3.3.6. The Community shall assist or canvass for assistance to its Members in case of accident, death, sickness and disability;
3.3.7. Full Members shall have equal rights;
3.3.8. Such other privileges as conferred on Full Members by the Constitution or any bye-laws of the Community.
The rights and obligations of a Member shall be personal and are not transferable. These rights and obligations shall cease in case of cessation of membership either by expulsion, self-withdrawal or relocation to other countries.
3.4. Obligations of Members
Members shall
3.4.1. Fulfill all the necessary requirements and conditions as specified in this constitution and all the resolutions taken by the Executive Council and the General House of the Community.
3.4.2. Attend all General Meetings.
3.4.4. Participate actively in all the activities of the Community
3.4.5. Inform the Executive Council of all the activities he/she is carrying out or intends to carry out in the name of the Community.

ARTICLE 4. ADMINISTRATIVE STRUCTURE
The Nigerian Community Beijing China is a single organization with no Chapters organization throughout Russia and to better serve the aims & objectives of the organization.
The administrative structure of the Nigerian Community Beijing China is fully embodied in the management structure in Beijing Only, which is made up of the General House and the Executive Council.
4.1. THE GENERAL HOUSE
4.1.1. The General House is the supreme organ in the administrative structure of the Community. It consists of all the registered members of the Community. The direct administration of the General House is carried out by the Executive Council (EXCO), w
4.1.4. The meeting of the General House shall be called a General Meeting and held at least once in a quarter, and every member shall be duly invited.
4.1.5. An Emergency General Meeting can be called whenever the Executive Council finds it necessary.
4.1.6. Agenda of such meetings shall include immediate problems confronting members either collectively or individually and finding avenues to effect their solutions by taking appropriate resolutions and decisions.
4.1.7. Minutes and attendance of each meeting shall be duly recorded, and before the beginning of every new meeting, the previous minute shall be read by the Secretary- General and adopted by any members of the General House and signed by the President-General. In the event of an emergency meeting, a report should be deemed adequate.
4.1.8. Impasse: In case of controversial matters on which the General House could not arrive at consensus, a simple majority vote shall be needed to settle such issues.
4.1.9. The General House shall be presided over by the President-General or in his/her absence the Vice President. In the absence of both, any member of the Executive Council duly authorized by the President-General shall now preside.
4.1.10. The Public Relations Officer shall send notices of General Meetings to every member at least seven (7) days to the date of the meeting.
4.1.11. Election of the Executive Council shall only be conducted in the Annual General House Meeting provided a quorum is formed.
4.1.13. Amendments to the Constitution shall only be made possible in the General House meeting.
4.1.14. During any Meeting (General or Emergency), a Provost shall be appointed to assist the President-General in maintaining order during the meeting. The Provost shall be accorded the necessary respect and cooperation from all members present in the meeting. The Provost shall make sure the agenda of the day is properly and strictly followed.
4.2. THE EXECUTIVE COUNCIL
4.2.1 The Executive Council hereafter referred to as the “EXCO” shall be the body responsible for the process of administering the day-to-day affairs and activities of the Community with the President-General as the head, who shall coordinate and liaise with all Local Executive Councils.
4.2.2. Unless otherwise determined by Resolution of the General House, the EXCO shall consist of the following:

4.2.2.1. President-General
4.2.2.2. Vice-President
4.2.2.3. Secretary-General
4.2.2.4. Deputy Secretary-General
4.2.2.5. Public Relations Officer
4.2.2.6. Deputy Public Relations Officer
4.2.2.7. Financial Secretary
4.2.2.8. Deputy Financial Secretary
4.2.2.11. Secretary for Social, Sports and Cultural Affairs
4.2.2.12. Deputy Secretary for Social, Sports and Cultural Affairs
4.2.2.15. Welfare Officer
4.2.2.16. Deputy Welfare Officer
4.2.3. All EXCO members shall be accomplished Nigerians that are fit and proper persons, who have acquired considerable experience in their respective fields of endeavours and in life generally in China and/or Nigeria.
4.2.4. EXCO membership shall reflect a variety of backgrounds, competences, and perspectives avoiding preponderance of any particular professional, occupational or ethnic group.
4.2.6. Every member of the EXCO must take oath of allegiance, cooperation and commitment to carry out his/her functions/duties as stipulated in this constitution without prejudice, malice, willful disobedience to the Community or open disrespect of any sort to the decision(s) taken within the Executive Council meetings or in the General House meetings that are not to his/her likening. No member of the EXCO or any other member in the General House is above the Constitution.
4.2.8. The EXCO shall be held responsible for any executed action(s) that is/are not in conformity with the constitution and not sanctioned by the General House.
4.2.10. Any issue not stipulated in the Constitution should be referred to the General House for approval by simple majority of members present in the meeting, provided a quorum is formed.
4.2.11. An EXCO meeting shall be held at least once in a month or at such time as might be found necessary by the President-General.
4.2.12. The quorum at an EXCO meeting shall be simple majority of its members.

ARTICLE 5. OFFICES
The offices shall be as stipulated underneath.
5.1. THE PRESIDENT-GENERAL
The President-General shall be the head of the Community.

A. QUALIFICATIONS
Without compromising the criteria set out in (4.2.3.) and (4.2.4.), the President-General shall have the following qualities:
2. Must have at least post-secondary school education;
3. Must have been residing in China for at least two years;
4. Must have good command of spoken and written English (Optional – Able to communicate in Chinese language.
5. Must have a valid Chinese visa
6. Must present a documental evidence of legitimate business or professional job;
7. Must have a good recommendation in writing by 2 or 3 old time Nigerian resident living anywhere in china.

B. FUNCTIONS
1. Shall exercise executive power and strictly execute the aims and objectives of the Community;
2. Shall call and preside over all Meetings (General, Emergency and EXCO) of the Community;
3. Shall represent the Community in conferences, meetings with other organizations and government organs, or delegate any member of the Community.
4. Shall organize seminars, conferences, lectures and symposia in collaboration with the appropriate EXCO member.
5. Shall open bank account in collaboration with the Financial Secretary and the Secretary-General. Unless otherwise decided, the three shall be the signatories to such accounts.
6. Shall sign all minutes of the General and EXCO meetings adopted by the appropriate organs.
7. Shall be empowered to make decisions without a prior consultation with the EXCO only in times of emergency. An emergency situation shall be defined as one in which the solution to the problem has to be effected within twenty-four (24) hours from its occurrence.
8. With the Vice-President, Secretary-General, and Financial Secretary shall form a Financial Committee (refer. 8.1.3.)
10. Shall have the right to call for by-election.
11. Shall inform the General House of any vacant office.
12. The President-General with the General Secretary would appoint other members of the EXCO where majority of the members present at the next General meeting would vote for their approval.
5.2. THE VICE-PRESIDENT

The Vice-President shall assist the President-General in executing his/her functions as deemed fit by the President-General.
A. QUALIFICATIONS. (refer. 5.1.A)

B. FUNCTIONS. (refer. 5.1.B), as may be deemed fit by the incumbent President-General or in his/her absence due to unforeseen circumstances like sickness or any other reason(s).

The Vice-President shall coordinate the social & promotional activities of the Community.
5.3. SECRETARY-GENERAL
The Secretary-General shall be responsible for all correspondence of the Community (incoming and outgoing) and keep records of all activities of the Community.

A. QUALIFICATIONS
Without compromising the criteria set out in (4.2.3.) and (4.2.4.), the Secretary-General shall have the following qualities:
2. Must have at least post-secondary school education;
3. Must have been residing China for at least two years;
4. Must have good command of spoken and written English (Optional – Able to communicate in Chinese languages
5. Must have a valid Chinese visa
6. Must present a documental evidence of legitimate business or professional job;
7. Must have a good recommendation in writing by 2 or 3 old time Nigerian resident living anywhere in china.

B. FUNCTIONS
1. Shall take minutes of the general meetings and inform the General House on the resolution(s) of the last general regular or emergency meeting(s) at the beginning of every meeting.
2. Shall be fully informed of all the activities of the Community and shall be provided with photocopies of all bills, contracts or agreements.
3. In consultation with the President-General, shall call for regular meetings of the General House and summon the General House to emergency meeting as deemed necessary.
4. Shall be responsible for compiling the list of defaulters of the Community accepted standard of conduct and shall submit such lists to the Disciplinary Committee for possible action.
5. Oversee the maintenance and constant update of the official website of the Community.
8. Shall be a member of the Disciplinary Committee.

5.4. THE DEPUTY SECRETARY-GENERAL

The Deputy Secretary-General shall assist the Secretary-General in executing his/her functions as deemed fit by the Secretary-General.

A. QUALIFICATIONS. (refer. 5.3.A)

B. FUNCTIONS. (refer. 5.3.B), as may be deemed fit by the incumbent Secretary-General or in his/her absence due to unforeseen circumstances like sickness or any other reason(s).

5.5. PUBLIC RELATIONS OFFICER (PRO - 1)

A. QUALIFICATIONS
Without compromising the criteria set out in (4.2.3.) and (4.2.4.), the Public Relations Officer (PRO) shall have the following qualities:
2. Must have at least post-secondary school education;
3. Must have been residing China for at least two years;
4. Must have good command of spoken and written English (optional – able to communicate in Chinese languages
5. Must have a valid Chinese visa
6. Must present documental evidence of legitimate business or professional job;
7. Must have a good recommendation in writing by 2 or 3 old time Nigerian resident living anywhere in china.

B. FUNCTIONS
1. Shall organize for venue of General Meetings in collaboration with the Secretary-General.
2. With the approval of the President-General or the Secretary-General, dispatch notices to members for General Meetings and other events of the Community.
3. In collaboration with the Secretary for Social, Sports and Cultural Affairs, negotiate and organize enlightenment and Community promotion program.
4. In collaboration with the Secretary for Social, Sports and Cultural Affairs shall organize educational and informative program at least once a year.
5. Shall keep written record of attendance and absentees at the general meeting and a copy given to the Secretary-General at the end of each meeting.
6. In collaboration with the Secretary-General shall prepare materials and information to be posted on the official website of the Community.
7. Shall be member of the Promotion & Social Committee.

5.6. DEPUTY PUBLIC RELATIONS OFFICER (PRO - 2)

The Deputy Public Relations Officer (PRO-2) shall assist the Public Relations Officer (PRO-1) in executing his/her functions as deemed fit by the Secretary-General.

A. QUALIFICATIONS. (refer. 5.5.A)

B. FUNCTIONS. (refer. 5.5.B), as may be deemed fit by the incumbent Public Relations Officer (PRO-1) or in his/her absence due to unforeseen circumstances like sickness or any other reason(s).

5.7. FINANCIAL SECRETARY

A. QUALIFICATIONS
Without compromising the criteria set out in (4.2.3.) and (4.2.4.), the Financial Secretary shall have the following qualities:
2. Must have at least post-secondary school education;
3. Must have been residing china for at least two years;
4. Must have good command of spoken and written English
5. Must have a valid Chinese visa
6. Must present documental evidence of legitimate business or professional job;
7. Must have a good recommendation in writing by 2 or 3 old time Nigerian resident living anywhere in china.

B. FUNCTIONS
Functions of the financial secretary would be suspended until activities of the association develops in time meanwhile the President and the General Secretary would be in charge of any financial funds the community is able to make for now .
5.8. DEPUTY FINANCIAL SECREATRY
The Deputy Financial Secretary shall assist the Financial Secretary in executing his/her functions as deemed fit by the Financial Secretary.

A. QUALIFICATIONS. (refer. 5.7.A)

B. FUNCTIONS. (refer. 5.7.B), as may be deemed fit by the incumbent Financial Secretary or in his/her absence due to unforeseen circumstances like sickness or any other reason(s).
5.11. SECRETARY FOR SOCIAL, SPORTS AND CULTURAL AFFAIRS

A. QUALIFICATIONS
Without compromising the criteria set out in (4.2.3.) and (4.2.4.), the Secretary for Social, Sports and Cultural Affairs shall have the following qualities:
1. Must have been residing China for at least one year;
2. Must have good command of English language and working knowledge of the Chinese people;
3. Must have a valid Chinese visa
4. Must have a good recommendation in writing by 2 or 3 old time Nigerian resident living anywhere in china..
5. Must have a diversified knowledge and wide spectrum of views and interest on rich Nigerian multi-cultural legacy.
6. Must be socially active.

B. FUNCTIONS.
1. Shall organize social events for the Community
2. Shall organize Nigerian cultural day.
3. Shall organize events to mark National Independence Day
4. Shall organize sports activities with other organizations when necessary.
5. Shall organize end-of-year party & award night
6. In collaboration with the Public Relations Officer, negotiate and organize enlightenment and Community promotion program.
7. In collaboration with the Public Relations Officer shall organize educational and informative program at least once a year.
8. Shall be directly answerable to the Vice-President, who coordinates all Social and Promotion events of the Community.
9. Shall head the Promotion & Social Committee.
5.12. DEPUTY SECRETARY FOR SOCIAL, SPORTS AND CULTURAL AFFAIRS
The Deputy Secretary for Social, Sports and Cultural Affairs shall assist the Secretary for Social, Sports and Cultural Affairs in executing his/her functions as deemed fit by Secretary for Social, Sports and Cultural Affairs.

A. QUALIFICATIONS. (refer. 5.11.A)
B. FUNCTIONS. (refer. 5.11.B), as may be deemed fit by the incumbent Secretary for Social, Sports and Cultural Affairs or in his/her absence due to unforeseen circumstances like sickness or any other reason(s).
5.15. WELFARE OFFICER
A. QUALIFICATIONS
Without compromising the criteria set out in (4.2.3.) and (4.2.4.), the Welfare Officer shall have the following qualities:

2. Must have been residing china for at least two years;
3. Must be able to communicate in English language and working knowledge of chinese
4. Must have a valid Chinese visa
7. Must have a good recommendation in writing by 2 or 3 old time Nigerian resident living anywhere in china.
6. Must be a person with human feelings and with interest in humanitarian activities.
B. FUNCTIONS
1. Shall make constant inquiries about the welfare of members and make report(s) to the EXCO on any observed problems facing Nigerians, most especially registered members.
2. Make recommendations to the EXCO and implement actions to assist ailing Nigerians especially those in Beijing detention.
3. Pay occasional visits to members sick in the hospital or at home and other Nigerians in Beijing detention.
5.16. DEPUTY WELFARE OFFICER
The Deputy Welfare Officer shall assist the Welfare Officer in executing his/her functions as deemed fit by the Welfare Officer.
A. QUALIFICATIONS. (refer. 5.15.A)
B. FUNCTIONS. (refer. 5.15.B), as may be deemed fit by the incumbent Welfare Officer or in his/her absence due to unforeseen circumstances like sickness or any other reason(s).


ARTICLE 6. BOARD OF TRUSTEES
Members of the Board of Trustees shall be highly recognized and respectable prominent citizens of Nigeria residing in China.
The Chairman of the Board shall be any current Ambassador of Nigeria in China, who shall also be the Grand Patron of the organization.
Members of the Board shall at the recommendation of the Executive Committee, be appointed by the General House.
There is no limitation to the tenure of any members of the Board, provided that he/she is not found to have committed any acts detrimental to the Aims & Objectives of the organization.
A Board of Trustees member could however retire from the Board due to personal reasons, conflict of interest or relocation.
Unless otherwise determined by the General House, the members of the Board of Trustees shall be drawn from:
a) the current serving Ambassador of Nigeria in Republic of China
b) WHO is WHO in the Community.
c) the past President-Generals of the Community, whose tenure were not terminated by either impeachment, unlawful act, or scandal.
d) The Executive Council in exceptional circumstance may recommend for appointment a person, not being a Nigerian. Such a person must have devoted a substantial part of his/her endeavours to the cause of assisting Nigerians and development of Chinese-Nigerian business and diplomatic relationships.

The function of the Board shall include:
1. Advisory
2. Assistance in all forms
3. The Community shall be ready at any time to share from their weight of experience.
4. The Board can approach the EXCO at any time on issues concerning the effective operations of the Community; however they shall not arbitrarily usurp the constitutional powers of the Executive Council.
5. Provided separation of powers is maintained, any decision of the Board of Trustees approved by the General House shall be binding on the Executive Council.
6. At least two (2) of the members of the Board shall always participate in the proceedings of the Disciplinary Committee.

ARTICLE 8. STANDING COMMITTEES
The nomenclatures of these Committees as imputed in this Constitution are hereunder classified as permanent and temporary committees. Permanent committees are rigidly defined as those committees that are fundamentally established and function in accordance to the tenure or terms of office of the EXCO, while the temporary committees are henceforth referred to as committees that are timely established for a specific responsibilities but with very short live span.
8.1. Hereunder are the Permanent Committees:
• DISCIPLINARY COMMITTEE
• PROMOTION & SOCIAL COMMITTEE
• FINANCIAL COMMITTEE
8.1.1. DISCIPLINARY COMMITTEE.
The Community shall not fail to bring to book any of its member(s) found wanting in the course of his/her action(s) considered to be tarnishing the image of Nigeria.
For this purpose a Disciplinary Committee shall be formed alongside with the commencement of the Community year.
The Committee shall consist of seven (6) members – The Vice-President, The Secretary-General two (2) members of the Board of Trustees, and two (2) non-EXCO members appointed to the Committee at the recommendation of the EXCO and approved by the General House.
The Secretary-General must be properly informed in a written form of any outcry or allegations from member(s) leveled against one another. The Secretary-General shall in return disseminate the complaint to the Committee for appropriate session and action.
The Committee as independent instrument for dispensation of justice shall be permanent and every accomplished report or decision taken by the Committee must be appended by the Secretary-General’s signature.
FUNCTIONS.
1. Shall investigate and prosecute any acts of indiscipline or atrocities committed by members.
2. Shall be able to resolve problems and disputes among members.
3. Shall provide report to the EXCO and decisions taken shall not be subject to interference by the members of the EXCO.

8.1.1.1. LIABLE ACTS OF DISCIPLINE

1. Each Nigerian who lives short of his/her obligations (with reference to Article 3.4), shall be denied all privileges enjoyed by members.
2. All members are bound to attend and take part in all activities of the Community.
3. Any member who absents him-/herself from meetings and activities of the Community loses his/her right to vote and be voted for.
4. Each member should endeavor to be at the place of meeting before its commencement.
5. Lateness to General meetings shall attract disciplinary measures as might be determined by the Disciplinary committee.
6. The EXCO members should not misuse the Community’s assets/properties in their possession; any misuse shall attract disciplinary measures or legal actions.
7. Any EXCO member who comes late to executive meetings and general activities of the Community shall pay fine as might be determined by the Disciplinary committee.

8.1.1.2. PENALTIES
Penalties for acts of indiscipline could vary from:
1. Verbal warnings;
2. Written reprimand;
3. Fines;
4. Suspension;
5. Impeachment from office for EXCO, Committee or Board of Trustee members
6. Expulsion from the organization.

8.1.2. PROMOTIONAL & SOCIAL COMMITTEE
The Promotional & Social Committee shall be a seven (7) member-committee consisting of the two Social Secretaries, the two PROs and other members appointed to the Committee at the recommendation of the EXCO and approved by the House. Unless otherwise determined, the Secretary for Social, Sports and Cultural Affairs shall head the Committee.

FUNCTIONS.
1. Shall determine factors or elements that are tarnishing the image and reputation of Nigeria and Nigerians living in Beijing china and simultaneously give recommendations on how best to tackle them.
2. Shall suggest practicable or suitable tactics of image and reputation promotion and shall fully participate in their execution.
3. Shall recommend and help organize social and promotional events.
4. Shall organize cultural, sporting, educative and other events for the Community.
5. Shall carry out any other ad-hoc assignments given to it by the EXCO or the General House.

8.1.3. FINANCIAL COMMITTEE

The Financial Committee shall be permanent and comprise of the following EXCO members:
1. The President-General
2. The Secretary-General
3. The Financial Secretary
4. Vice-President
FUNCTIONS
1. The Financial Committee shall obtain first-hand information of revenue and current financial stand of the Community, devise and implement spending guidelines.
2. Work out ways and methods of raising funds to the Community.

8.2. Hereunder are the Temporary Committees:
• ELECTORAL COMMITTEE
• CONSTITUTION AMENDMENT COMMITTEE
• APPELLATE COMMITTEE
ARTICLE 9. ELECTIONS

9.1. PROCEDURES
All elections (General or By) into the Executive Council of the Community shall be held and organized by the Electoral Committee in accordance with this Constitution and other bye-laws of the Community

1. An Electoral Committee shall be instituted at the General House Meeting prior to Election Day. It shall consist of five (5) members, and its tenure of office terminates immediately after the general election.
2. The Electoral Committee shall accredit candidates who meet the requirements.
3. System of voting shall be by secret ballot and the procedures shall be determined by the Electoral Committee.
4. Each member of the Community is entitled to a vote.
5. Election is considered valid only if it is held in a General Meeting where a quorum is formed and a simple majority of the entire members present at the time of the election take part in the elections.
6. Winners are declared by a simple majority vote.

9.2. INTERIM EXECUTIVE COMMITTEE
1. If quorum is not formed during an Election Day (ref. 9.1.5), an interim EXCO comprising of the outgoing President-General, Secretary-General and three (3) other members selected by the General house on the said Election Day. The interim EXCO committee shall then summon for another General Election within one (1) months from the date of their formation.
2. The Interim EXCO shall protect and preserve all properties under the custody of the secretariat while awaiting General Election.

9.3. RESIGNATION AND BY-ELECTIONS
1. Any EXCO member has the right to resign from office.
2. Any EXCO member wishing to resign shall tender his/her resignation letter addressed to the Secretariat stating his/her reasons, which shall be accepted or rejected by the President-General within a week of receipt.
3. The EXCO has the right to initiate the impeachment or suspension of a non-performing officer, who willingly does not resign.
4. The President-General has the executive right to delay any EXCO member who intends to resign, if there is any audit inquiry to be instituted or already instituted or any financial misappropriation by him/her until he/she is cleared by EXCO.
5. Pending by-election, the functions of the non-performing EXCO member shall be distributed among the remaining EXCO members or carried out by any EXCO member approved by them.
6. The EXCO has the right to summon for emergency general meeting for by-election.

9.4. IMPEACHMENT
1. Impeachment procedure shall begin with an application to the Disciplinary Committee which shall be subject to thorough investigation by the Disciplinary committee under the given accusations or charges. Additional investigations may be carried out by the EXCO on receiving the resolution of the Disciplinary Committee before carrying the issue to the General House.
2. Before any EXCO member shall be charged with misconduct in office, the General House must be provided or presented with enough evidence or testimony. Any member of the Community has the right to move for an impeachment against any particular EXCO member found wanting in his/her official obligations and duties. Misconduct in office is categorically defined in this Constitution as follows:
• Misappropriation of fund allocated to the officer to use in executing any of the projected programs being pursued by the Community.
• Misapplication of constitutional powers invested upon the officer.
• Breach of trust.
• Misbehavior, branding falsely or misleading.
• Misrepresentation
• Any other action, activity that contravenes the Constitution of the Community and that of the host country.

Conjunctionally, with all these breaches, any of the EXCO members is subject to impeachment at the General House meeting, provided a quorum is formed and a simple majority vote of those present is needed to impeach him/her.
9.5. TENURE OF THE EXECUTIVE COUNCIL
1. Tenure of any regime shall be two (2) Community years, which shall be 24 (twenty-four), but not more than 27 (twenty-seven) calendar months from the date of election of the EXCO.
2. Waiver: Unless otherwise decided by a constitutional resolution (see definition below) of the General House, any member of the Community can only be elected to the same office for not more than two (2) terms.
Definition:
Constitutional resolution of the General House on eligibility (qualifications) of candidates, tenure of office and eligibility to re-contest an office shall mean a resolution passed with a simple majority vote of members during a General Meeting, provided a quorum is formed.

ARTICLE 10. SOURCES OF FUNDS.

The following available funding avenue shall be maximally used to explore revenue for the Community.
1. Annual dues shall be any sum to be determined from time to time by the General House at the recommendations of the EXCO.
2. Fines for lateness and absenteeism (absence from meetings without permission or prior warning). The sum of such Fines and Penalties shall be determined by the Disciplinary Committee.
3. Donations from individuals and organizations.
4. Proceeds from realization of works, goods and services.
5. Income ensuing from shares, debentures and interests on savings.
6. Income from entrepreneurial activities and other receipts not contravening the laws of the republic of china
7. Formation of commercial organizations e.g. shops, fast foods, etc.
8. Proceeds from sales of depreciated assets.
9. Other legal sources.


ARTICLE 12. AWARDS, AIDS AND GRANTS
1. Award to members shall include the presentation of gifts, certificates (honour, appreciation, recognition, etc) to outstanding members.
2. Criteria for award shall be a combination of personal/professional achievements, assistance to fellow Nigerians, financial and moral contributions to the Community, measured by attendance of meetings and contribution of ideas to the Community’s activities.
3. The magnitude of any award shall be determined by EXCO or any special committee setup for that purpose.
4. Aids could be given to any Community member in need and the advisability of such an aid and its nature shall be left to the decision of the Executive Council. In the case of an emergency, the EXCO shall be empowered to initiate the aid, or if time allows, the matter shall be referred to the General House. The needy member shall put his/her request in writing.
5. The Community has the right to seek for and accept grants from any legal sources, provided such grants will neither jeopardize the aims & objectives of the organization nor violent Chinese laws on non-governmental organizations.

ARTICLE 13. CONSTITUTION AMENDMENT

1. The Community’s constitution could be amended when necessary to suit the prevailing changes in her activities.
2. The proposal for Constitution amendment backed up with tangible arguments shall be made by the EXCO to the general house. Any member who has a Constitution amendment proposal shall direct it to the EXCO in written form and the EXCO must react to it within the next two general meetings.
3. If accepted by simple majority of the Community members present in the meeting, a constitution Amendment Committee (CAC) consisting of five (5) members shall be instituted by the EXCO to carry out that temporary function.
4. The amended part of the Constitution shall be presented to the General House for adoption. A simple majority vote (of the Community members present in the General meeting) in support shall be necessary to have the amended part of the Constitution adopted.
5. The newly adopted Constitution shall take effect from the time of adoption, all members of the Community and all necessary government authorities must be informed of the changes within one week.

ARTICLE 14. REORGANISATION AND LIQUIDATION

1. Reorganization of the Community shall be carried out exclusively on the decision of the General house.
2. The assets of the Community after reorganization shall be transferred to the newly formed organizations with/without legal status.
3. Registration of the newly formed organization shall be carried out in accordance with the federal laws of Chinese Federation on such organizations.
ARTICLE 15. MISCELLANEOUS

1. The Community shall temporarily be able to provide shelter for newly arrived Nigerians who have not registered with the Community as members and for one reason or the other are destitute.
2. Any Nigerian who is not a member of the Community but a resident in Beijing China could be entitled to some benefits or assistance that is enshrined in this Constitution. However, such a Nigerian must have been registered with the Embassy.
3. The Community shall disassociate itself from any Nigerian whose activities are contrary to the aims and objectives as entrenched in this constitution. A disclaimer shall be posted on the official website or any other mass media of the Community.
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Femiseye

Posts: 48

Joined: Wed Jun 23, 2010 6:29 am

Post Fri Oct 29, 2010 11:54 pm

Re: A PROPOSED CONSTITUTION FOR THE NIGERIAN COMMUNITY IN BE

Final meeting of panel members to analyze the proposed constitution for the Nigeria Community In Beijing China .
Date: Monday 8th -Nov- 2010
Time: 6pm - 8pm
Venue: Lidu starbucks

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