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>> By - Laws

Adopted: February 22, 2004

DEFINITIONS:

Unless explained otherwise "CNP" will refer to mean the organization Chicagoland Nepali Pariwar.

Unless explained otherwise "Organization" will refer to mean the organization Chicagoland Nepali Pariwar.

Unless explained otherwise "Executive" will refer to mean the Executive Committee of the Chicagoland Nepali Pariwar.

Unless explained otherwise "Member" will refer to mean the General Members of the Chicagoland Nepali Pariwar.

Unless explained otherwise "Officers" will refer to mean the elected members of the Executive Committee of the Chicagoland Nepali Pariwar.

Unless explained otherwise "Board" will refer to mean the Board of Directors of the Chicagoland Nepali Pariwar.

Unless explained otherwise "ANMA" will refer to the parent organization Association of Nepalese in Midwest America


ARTICLE I

NAME

The name of this Organization shall be the Chicagoland Nepali Pariwar(CNP), Inc and it shall be a not-for- profit organization without any affiliation to any political institutions, religious institutions and/or parties. CNP will operate as the Chicago chapter of the Association of Nepalese in Midwest America(ANMA), an organization of Nepalese and friends of Nepal in North America founded in 1982 in Chicago, Illinois and subsequently incorporated as a not-for-profit tax exempt organization in Cincinnati, Ohio in 1989,

ARTICLE II

OBJECTIVES

As a not-for-profit social/charitable organization the objectives shall be:
  • to coordinate, facilitate, and promote social and charitable activities among its members and friends;
  • to provide aid and help to its members and friends;
  • to preserve, nurture, and promote Nepalese culture and heritage;
  • to strengthen and foster relationships with other Organizations with similar objectives,
    • to strengthen and foster relationships with other Organizations with similar objectives,
As permitted to be exempt from taxation under Section 501(C) of the United States Internal Revenue Code, as now in or hereafter amended.


ARTICLE III

MEMERSHIP

  1. This organization will be open to all persons desiring to become Members who subscribe to the objectives of the charter of CNP regardless of race, creed, sex, or physical orientation.
  2. In order to obtain the membership:
    • The person desiring to be a Member will have to submit an application to the Executive of the CNP.
    • Will have to pay the membership dues as set by the Executive, if any.
  3. Upon the payment of dues as set by the Executive, a person may be granted a life membership.
  4. All memberships shall expire and will be eligible for renewable as of May 1st. Except that any person who has secured membership within the previous 90 days of May 1st will have their membership valid till next May 1st.
  5. If desired, Honorary Membership can be provided to any individual upon the approval of at least two-third majority of the Executive.
  6. All Members in good standing, defined as those that have paid or are paying the per-capita dues, if any, set by the Executive, shall share all the privileges and rights of the Organization.
ARTICLE IV

ORGANIZATION
  1. The organization shall consist of the Board, the Executive, Members, and Advisors.
  2. The Executive shall consist of the President, Vice-President(s), the General Secretary, Treasurer, and up to six executive members. Other officers may be added if desired by two-thirds majority of the Executive.
  3. The Board shall consist of all past presidents of the Organization and any Member appointed by two-thirds majority of the existing Board. The President shall be an ex-officio member of the Board with voting rights. The Board shall elect a Chairperson from among the members of the Board.
  4. Advisors will be appointed as determined by the Executive.
ARTICLE V

GOVERNMENT

The government of the organization shall be vested in the Executive. The Executive will report to the Members and/or the Board when and as required.

ARTICLE VI

ELECTIONS

  1. The Executive shall appoint a Nominating Committee of no less than three Members of the CNP; these Members may be members of the Board. The Executive shall designate a Chairperson of the Nominating Committee also. The Nominating Committee shall be appointed by the end of January of the election year.
  2. Nominees shall be Members of the CNP as per Article III. The list of nominees shall be finalized by the end of February of the election year. The names of the nominees will either be made public or shall be released to any Member upon such a request.
  3. Any Member of the CNP as per Article III may run for office if supported by either two members of the Executive or by ten Members of CNP. The documented proof of such support shall be provided to the Nominating Committee Chairperson.
  4. No Member shall be a candidate for more than one office. Nominating Committee members shall not be a candidate for any elected office.
  5. In the event that there are multiple candidates and or more candidates than positions available, the Nominating Committee will determine the date, place, time, and the method of balloting. All candidates have a right to be present and verify the results when such counting takes place.
  6. In the event of a tie, the decision will be made by the flip of a coin by the election committee chairperson.
  7. Election results shall be announced during the Nepali Naya Barsha festivity. If such is not planned for that year, the Members will be notified by mail or email.
  8. Due to unforeseen reasons, before the formation of a Nominating Committee, upon the recommendation of the Executive the Board may postpone elections until a time when elections can be held.
Special Provision: until the next elections can be held in 2006, the founding Directors of CNP will nominate and appoint members of the Executive. The founding President with advice and consent of other founding members of the Executive will appoint other executive members as necessary.

ARTICLE VII

TERMS OF OFFICE

All elected officials shall take office on Bhaisak Yek Gatay of the Nepali Bikram Sambat Calendar and shall serve for two years.

ARTICLE VIII

VACANCIES

  1. The Board shall elect one of its members to assume the duties of the Chairperson if the current Chairperson is unable to fulfill his/her term/duties due to resignation, death or other causes.
  2. The Vice-President shall assume the duties of the President if the current President is unable to fulfill his/her term/duties due to resignation, death or other causes. In case a Vice-President is not available to fulfill or declines to accept the post of the President, by a simple majority vote of the Executive one of the Officers shall be elected to the post of the President. The candidate for the post may not vote. In case of a tie, the Chairman of the Board will cast the deciding vote.
  3. Vacancies in all elected positions, other than the President, due to resignation, death or other causes shall be filled by an Officer or a Member upon the approval of the simple majority of the Executive.
ARTICLE IX

DUTIES

  1. The Executive shall:
    1. Prepare and adopt an Annual Budget
    2. Designate a Bank or Banks in which the funds of the Organization shall be deposited and maintained.
    3. When necessary, seek the services of an independent auditor to audit the books and accounts of the Treasurer.
    4. Designate the official mailing address of the Organization.
    5. Be empowered to publish an official newspaper, create a web site, or any other such actions for the purpose of disseminating information and news regarding the activities of the Organization.
    6. Be empowered to appoint special committee(s).
    7. Submit to all Members a clear and accurate statement of the financial condition and a complete report of the activities of the organization.
    8. Designate a place and date of the annual gathering.
    9. Prepare and submit the annual financial report to the Board and ANMA.
    10. Appoint a Web-master who shall be responsible for maintaining the CNP web site.
  2. The Board shall.
    1. Advise and guide the Executive.
    2. Act to preserve the Organization when the Executive has been incapacitated and the Organization faces grave danger
    3. Upon the explicit documented recommendation of at least sixty percent (60%) of the current Officers and sixty-percent (60%) of the current Members, the Board may dissolve the Executive. Upon such action, all the powers of the Executive as stated in this Charter shall be transferred to the Board. Article VI shall be implemented immediately. With the election of a new Executive, all transferred powers shall revert to the new Executive.
  3. The Chairman of the Board shall:
    1. Be an ex-officio member of each committee.
    2. Preside at all meetings of the Board
  4. The President shall:
    1. Prepare an agenda and preside at all meetings of the Executive and perform all duties commonly associated with this office.
    2. Be and ex-officio member of each committee.
    3. Report the activities of the Executive to the Board.
    4. Be the custodian of official charter documents, seals, and other such materials.
  5. The Vice-President shall:
    1. Perform all the duties of the President in the absence of such officer, as defined in Article VIII (2).
    2. Perform all duties of the General Secretary or the Treasurer in the absence of such officers unless otherwise determined as per Article VIII (3).
    3. Be charged with the duty of soliciting new Members.
  6. The General Secretary shall:
    1. Carry out the instructions of the Executive.
    2. Record the minutes of all meetings of the Executive.
    3. Be the custodian of all the records and activities of the Executive and the Organization.
    4. Present a detailed report at each meeting of the Executive. This report shall include the minutes of the last meeting.
    5. Keep a complete and up-to-date record of all Members.
    6. Maintain an index of all supplies and equipment of the Organization.
  7. The Treasurer shall:
    1. Carry out the instructions of the Executive.
    2. Be the custodian of all funds of the Organization.
    3. Receive all money due to the Organization and keeps a true record of all receipts and disbursements.
    4. Deposit all moneys to the credit of the Organization in banking institution(s) approved by the Executive as per Article IX (1,b).
    5. Receive and examine all bills against the Organization, if found proper, shall make necessary payments. All checks shall be signed by two of the following officer bearers: President, Vice-President, General Secretary, and Treasurer.
    6. Present a detailed financial report at the Executive meeting.
ARTICLE X

AMENDMENTS

An amendment to the By-laws may be initiated by the 2/3 of the Executive or 10% of the Members of CPN. To amend or adopt a By-law it shall require two-thirds (2/3) majority of votes cast by the Members or by three-fourths (3/4) of majority votes of the Board.

ARTICLE XI

PARLIAMENTARY PROCDURE/MEETINGS

  1. The President shall call and preside over the meetings of the Executive.
  2. The Chairperson of the Board shall call and preside over the meetings of the Board.
  3. All proposals/resolutions that have the support of at least two of the committee members shall be put forth for vote by the presiding officer.
  4. For any proposal/resolution to pass it has to receive in its favor at least a simple majority of votes cast.
  5. The presiding officer may limit the time of any speaker(s).
ARTICLE XII

QUORUM
  1. A majority of the Executive shall consist of a quorum at a meeting of the Executive. The President or his/her designee has to be present for the quorum to be met.
  2. A majority of the Board shall consist of a quorum at any Board meetings. The Chairperson or his/her designee has to be present for the quorum to be met.
  3. A majority of the Committee shall consist of a quorum at any Committee meetings.
  4. A majority of Members and the Executive shall consist of a quorum for the general body meeting.
ARTICLE XIII

REMOVAL FROM OFFICE OR ORGANIZATION

Upon the documented recommendation by at least three-fourths (3/4) of the Executive, the Board may remove any Officer, Member, Advisor, and Honorary Member from his/her respective office, position, and/or from the Organization. The reason(s) of such action has to be clearly stated.

Any individual Director of the Board may be removed from that post by three-fourth (3/4) votes of the Board of Directors. The reason(s) of such action has to be clearly stated.

ARTICLE XIV

VOTE
  1. All members of the Executive shall be entitled to vote in an Executive meeting.
  2. All members of the Board shall be entitled to vote in the Board meeting.
  3. All Members of the Organization shall be entitled to vote in the election for the Executive, and also in any Organization meeting(s) that which is open to all Members to participate in.
ARTICLE XV

DUES

The Executive shall set the annual dues, if any.

ARTICLE XVI

RELATIONSHIP WITH OTHER ORGANIZATIONS

CNP can, if deemed necessary, seek to establish and promote working relationship with other organizations.

ARTICLE XVII

DISSOLUTION

CNP may be dissolved or disbanded by a resolution passed by three-fourths (3/4) of the Board upon the documented recommendation by three-fourths (3/4) of the Executive. Upon dissolution or disbandment, all funds in the Treasury of CNP and all equipments and materials shall be donated to a 501(C) not-for-profit organization as determined by the Board.


© Chicagoland Nepali Pariwar