Our By-Law

BYLAW 1: MEMBERS AND MEMBERSHIPS

  1. NCSC is open to all individuals willing to support and contribute to the purpose of NCSC within the framework of these bylaws.
  2. Any such individual 18 years of age and above will be required to contribute a NCSC membership levy. Those below 18 years of age seeking NCSC membership will be included under the membership of his/her guardian, provided that they not be able to claim any rights of NCSC Life Membership and voting in the General Assembly.
  3. Valid membership is always required of any individual who wants to take part or position in any of the governing bodies of the NCSC.
  4. Annual Membership shall be issued through the Executive Committee to any enthusiastic individual. Moreover, Life Membership can also be issued to individuals who already are Annual Members provided he/she pays the required levy and is approved by the Board of Directors.
  5. Any member can terminate their membership at any time by writing to the Executive Committee who will execute membership termination within a month.
  6. Members are responsible for behaving in accordance with this by-law and objectives of the society. Membership for individuals acting in offence to the essence of the NCSC could be withheld if such action is decided on during a joint meeting of the Executive Committee and Board of Directors.
  7. The Executive Committee shall have all the rights to collect, supervise and fix the levy for membership. If the Executive Committee so decides, it can also waive the levy in cases of membership offers as an honor to individuals contributing significantly to the NCSC.
  8. As of the time of establishment at 2003, the membership levy is:
    1. CDN $ 10.00 for Annual Membership
    2. Ten times the Annual Rate for Life Membership

9. Members have the right to attend the annual General Assembly meeting.

BYLAW 2: Governance

2.1 Decision of Majority

In any of the meetings of any of the bodies of the NCSC, a motion in favor of the more-than-half (51%) majority shall prevail.

2.2 The General Assembly (GA) or Special meeting

2.2.1 The GA shall be the supreme body of the NCSC.

2.2.2 The GA shall consist of all the voting and non-voting members of the NCSC.

2.2.3 The GA shall meet at least once per annum which shall be summoned by the Board of Directors and held at the first half of the day of the Nepalese New Year Celebrations on the month of April at the time and venue specified by the Execution Committee.

2.2.3 Emergency calls of the GA shall be summoned by the Board of directors if at least 1/4 of the total members requested in writing to the Board of Directors.

2.2.4 A 1/3 of the total valid voting members shall be sufficient as the quorum for the GA.

2.2.5 One voting member will be eligible for only one vote in the GA. Voting can only be done in person.

2.2.6 GA can decide, approve and formulate any policy and decision on behalf of the NCSC. However, the following decisions can be taken only in the GA or specific meeting.

a. To elect the members of the Executive Committee.

b. The term of the Executive Committee shall normally be of two years. But the GA, if so thinks, can make any decisions on whether to elect, nominate, extend or call back any or all members of the EC.

c. To approve the annual accounts of income and expenditures of the NCSC.

d. To rescind, add or alter, by a “Special Resolution”, the governing Bylaws.

e. Any special agenda if it is specifically included thereof

BYLAW 3: The Executive Committee (EC) and duties

3.1 The EC is the governing and decision making body that works in conjunction with the Board of Directors to run all the activities of the NCSC. The EC shall have full control over the affairs of the society. The EC shall comprise of the President, the Vice President, the Secretary, the Events Coordinator, the Treasurer, the Joint Secretary and five Executive Members.

3.2 The following duties are required of the EC:

3.2.1 The President shall be the chief executive of the council and lead all activities and programs of NCSC. The President shall approve all decisions of NCSC in recommendation of the Executive Committee.

3.2.2  The Vice President shall assist the President and assume his/her duties during his/her leave or absence or when the President is unable to serve.

3.2.3 The Secretary will be responsible for keeping and preparing the minutes of the board and membership meetings and directors’ meetings. He or she will be responsible to keep and use society seal.

3.2.4 The Events Coordinator shall be responsible for the organization of different cultural, social and educational events on behalf of the NCSC. He shall perform his duties in co-ordination with the members of the EC and Board of Directors. He will also co-ordinate with other parties willing to work in partnership with NCSC to promote Nepalese culture and tradition.

3.2.5 The Treasurer, in conjunction with the President or the Vice President if the latter has been delegated the rights of the President as per the provisions set out in this bylaws, shall be responsible for all finances of NCSC including the bank accounts and records of all income and expenses. The Treasurer shall present a full detailed account of receipts and disbursements to any member of the Executive Committee or Board of Directors whenever requested and shall prepare and present an annual financial statement in the GA.

3.2.6 The Joint Secretary shall represent and resume all the responsibility of the Secretary in the absence of the latter.

3.2.7 The executive members shall involve, suggest and participate in the meetings and other jobs of the EC.

3.3 The EC in recommendation of the Board of directors shall be able to form other committees and assign responsibilities.

3.4 The EC can meet upon the date, time and venue of its convenience, the due notification of which shall also be given to the members of the Board of Directors.

BYLAW 4: The Board of Directors (BD) AND Duties

4.1 There shall be up to seven members of the Board of Directors (BD).

4.2 Besides advising and assisting the EC in the various activities of the NCSC, the BD shall exercise the following duties and responsibilities.

4.2.1 Act under the request or direction of EC to represent or to extrapolate the interests of the NCSC with other bodies including government offices, NGOs and organizations and individuals of similar nature and interests.

4.2.2 Ensure that the essence of the By-law is reflected in each and every decision and performance of the EC.

4.2.3 Guiding and resolving of any disputes arising from the EC in case of dubious interpretation of the Bylaws.

4.2.4 Participating in the regular and specific meetings called by the EC.

4.2.5 The BD shall be responsible for the elections including the General Assembly. Procedural details of the elections including the date, venue, methods etc will be worked out by the BD itself, which shall be published at least 15 days prior to the date of election.

4.2.6 Meet or form committees in coordination with or independent of the EC to run or discuss various issues and activities of the NCSC.

4.2.7 Any member of board of director whose activities are considered detrimental to the society may be suspended from the special meeting by a two-thirds (2/3) majority vote at an Executive meeting. The Director must be notified of the meeting in advance and may attend that meeting in his/her own defence. The suspension, if approved, would be for a period of two (2) full years.

4.2.8 Any director may cease to be a board member of the society, upon written notice to the president or secretary of the society.

BYLAW 5: Appointments, Meetings and Formation 

5.1 Appointments

5.1.1 The EC shall appoint the members of the BD for a term of two years, the notification of which shall be circulated to all the members of the NCSC. However, due care shall be exercised by the EC to ensure that the so appointed members fairly represent the composition of the membership in the NCSC as well as willing and capable persons are included in the selection.

5.1.2 The EC also has the rights to form and run any committees for specialized tasks at any time throughout its tenure.

5.2 General Meetings, Special Meetings and Quorum

5.2.1 General Meeting: The EC shall meet at least once in every two months. A quorum for the transaction of business at any meeting shall consist of seven (7) executives. The agenda of such meeting shall be worked out by either members of the EC or BD or both in co-ordination with the President and the Secretary. The Secretary shall inform the members of the EC and BD at least three days prior to the meeting through e-mail, phone or mail. It shall be the responsibility of the Secretary to maintain the minutes of each meeting and to get them forwarded and signed by the participating members and to circulate the same to the members of the NCSC as soon as possible.

5.2.2 Special Meeting: Upon receipt of a petition signed by 2/3 of the current directors or at least 1/4 of the total members requested in writing to the Board of Directors, the president or vice president must call a special meeting. Notice of the meeting shall set forth the reason of the meeting. Notice of this meeting shall be sent by e-mail or fax each member 3 days before the meeting.

5.3 Remuneration

5.3.1 Unless authorized at any meeting and after notice for the same shall have been given, no officer, director or member shall receive any remuneration for his/her services.

5.3.2 The EC shall fix or endorse any remuneration in course of any jobs it conducts.

5.4 Borrowing Powers

No monies will be borrowed by the Society.

5.5 Audit and Clarification

5.5.1 The accounts of the NCSC shall be audited annually before the general assembly (GA) is held. It shall be the responsibility of the EC to work out the procedures of auditing and get approval from the GA.

5.5.2 The books and records of the society may be inspected by any regular or associate members of the society by giving at least two weeks notice to the executive committee president or secretary.

5.5.3 The treasures shall keep all books and records, properly recording all monies received and expended, all income and expenditures and all assets and liabilities of the society.

5.6 Amendments of Bylaws

The bylaws of the society shall not be amended except by a special resolution as defined in Section 1 (d) of the Societies Act.

5.6.1 In the event of dissolution of the Nepalese Community Society of Calgary (NCSC) the Board members shall take full account of the society’s assets and liabilities and shall liquidate the tangible assets

5.6.2 Existing members of the society shall be responsible to sell the society’s tangible assets through public auctions. Any Society’s remaining unsold property after such auctions shall be donated to a charitable organization.

5.6.3 Revenue generated by such auctions plus the accumulated funds of the society’s shall be used to settle all liabilities. Remaining funds after payments of society’s society’s liabilities shall be donated to acharitable