By-laws of NCAO (2002)

Preamble: We, the residents of the National Capital Region of Canada that are interested in Nepalese language, culture and people, agree to establish an association to pursue the interest of the community. We establish these By-laws of Nepalese Canadian Association of Ottawa to guide the governance of this association.

ARTICLE I: NAME

1. The name of the association shall be “Nepalese Canadian Association of Ottawa”, hereafter referred to as “NCAO”.
2. NCAO shall be registered with the appropriate Provincial and/or Federal authorities as a not-for-profit and charitable corporation.

ARTICLE II: OBJECTIVES

The general objectives of NCAO shall be:

1. To foster positive communication, mutual respect and cooperation among Nepalese, and individuals or organizations of similar objectives and interests.
2. To promote and facilitate awareness of Nepalese arts, culture, language, traditions and values.
3. To provide information and moral support to members and Nepalese newcomers.
4. To promote and maintain the interest and welfare of the Nepali Community.

ARTICLE III: SCOPE AND LIMITATIONS

1. The scope of NCAO will be limited to social, cultural, educational and community-related matters.
2. NCAO will be operational within the National Capital Region of Canada. In times of misfortune, tragedy and natural disasters it may, however, operate in other geographical locations.
3. NCAO will refrain from associating with political parties and organizations.
4. Without a prior approval of the Executive Board, NCAO and its member will not solicit or organize any fund raising activities on behalf of NCAO.
5. Without a prior approval of the Executive Board, NCAO and its members shall not associate with other community groups on behalf of NCAO.
6. Without a prior approval of the Executive Board, a Board Member will not spend NCAO’s fund for donations or charities to any individual, community or organizations within or outside Canada.

ARTICLE IV: MEMBERSHIP, PRIVILEGES AND RENEWAL

1. Anybody who is 18 years of age or older, and have an interest in Nepal and Nepali culture and agrees to abide by the BY-LAWS of NCAO can be a member of NCAO.
2. A member “in good standing” may hold an office and may vote on any matters of NCAO’s business at any meeting and may represent NCAO.
3. A member shall not engaged in activities that are against the objectives of NCAO.
4. Violation of BY-LAWS may require disciplinary action as determined by the Executive Board or a special committee formed for this purpose.
5. An application for membership must be submitted to NCAO with the annual membership fees.
6. The annual membership fees shall be determined and modified by the majority decision in the Annual General Meeting (AGM) of NCAO.
7. If a member joins NCAO after the first six months of the fiscal year, the member shall pay half of the annual membership fees for that year.
8. In case of someone’s financial hardship, the membership fees may be waived partially or fully by the Executive Board. Any request for partial or full waiver must be made in writing to the Executive Board.
9. The membership must be renewed prior to the AGM. Those who are unable to attend AGM, can renew their membership by sending a cheque payable to NCAO.
10. A member may resign by submitting a written resignation to the Executive Board. Such member may resume the membership at a later date. Explanation: For the purpose of the BY-LAWS, a member “in good standing” means a member who has renewed his/her membership by paying membership fees.

ARTICLE V: EXECUTIVE BOARD

1. The Executive Board shall consist of Board Members not exceeding 15 people without any specific title of the position.
2. A member “in good standing” shall be a candidate for the Executive Board provided that he or she is nominated by one and seconded by at least two members “in good standing”.
3. The Board Members shall be elected by the majority of members present in the AGM through a closed ballot with a provision of proxy voting.
4. For a proxy to be valid, both the proxy provider and the holder must be members “in good standing”. A member “in good standing” can be a proxy holder for a maximum of two individual memberships or one family membership.
5. The terms of the Executive Board shall be for a period of one year with possible renewal.
6. When forming the Executive Board, if possible, an effort will be made to broaden the representation of people from different backgrounds.
7. The Board Members shall serve as such without remuneration and no Board Member shall directly or indirectly receive any profit from their position of NCAO, provided that Board Members may be reimbursed reasonable expenses incurred by them in the performance of their duties.

ARTICLE VI: ROLES AND RESPONSIBILITIES OF EXECUTIVE BOARD

The Executive Board shall manage the affairs of NCAO on behalf of the members. The administration, general governance and implementation of the policies of NCAO shall be vested in the Executive Board.

A Board Member shall perform the following specific duties as determined by the Executive Board.

General Administration:

1. To coordinate and conduct the administrative work, including supervision of the day-to-day activities of the Executive Board.
2. To maintain a record of the official documents, including decisions made on behalf of NCAO.

Treasurer-Registrar:

1. To act as a financial advisor, and maintain custody of the funds by keeping complete and accurate accounts of all assets, liabilities, receipts, and disbursements of NCAO as authorized by the Executive Board.
2. To prepare annual budget and financial reports for presentation to Executive Board and/or membership of NCAO.
3. To maintain Membership Register and issue membership renewal notices.

Events and Sports:

1. To plan, organize and promote social, sports and recreational activities of NCAO as authorized by the Executive Board. Culture: 9.To plan, organize and promote cultural programs of NCAO as authorized by the Executive Board. Language and Education: To plan, organize and promote Nepali language classes and other educational activities of NCAO as authorized by the Executive Board.

Youths and Children:

1. To plan, organize and promote the special programs and activities for youths and children as authorized by the Executive Board.

Communication:

1. To disseminate the news and information to membership and other relevant individuals and organizations.
2. To develop and maintain electronic communication resources, including a website containing information pertaining to NCAO.

Publication:

1. To coordinate the publication and distribution of official newsletter and other materials of NCAO as authorized by the Executive Board.

Public Relation:

1. To serve as a spokesperson and external liaison for NCAO as authorized by the Executive Board.

ARTICLE VII: MEETINGS

Generally, NCAO shall hold the following three types of meetings:

1. General Meeting: All members of NCAO will be invited to attend the General Meeting. Every year, there will be one Annual General Meeting (AGM). However, the Executive Board may call a General Meeting at any time if need arises. The date, time and location of all General Meetings must be notified in advance to all NCAO members
2. Special Meeting: The Executive Board may call a Special Meeting at any time of the year in special circumstances. The Executive Board may invite anyone and is not obliged to call all members in such a meeting. The invitation shall state the special reason required for holding such meeting. No BY-LAWS can be amended or passed in such a meeting and every decision should be made within the framework of the existing BY-LAWS.
3. Executive Board Meeting: Meetings of the Executive Board will be held on a regular basis as determined by the Executive Board. The date, time and location of the meeting must be notified in advance to all Board Members.
4. Agenda/Minutes: Each meeting will be conducted as per the agenda prepared and circulated to the members prior to the meeting. Each meeting will have a minutes review session to evaluate the actions taken in response to the prior meeting.
5. Majority Rule: Any matter put before a meeting except as specified in the BY-LAWS are carried out by majority voting.
6. Quorum: At least fifty percent of the Board Members must be present to fulfil the quorum for the Executive Board meeting.
7. In the AGM, the Executive Board shall present a report on the past year activities and performance, and also present a framework for coming year. Similarly, financial and auditor’s report and membership status will be presented in the AGM.
8. The terms of the Executive Board shall be for a period of one year with possible renewal.
9. When forming the Executive Board, if possible, an effort will be made to broaden the representation of people from different backgrounds.
10. The Board Members shall serve as such without remuneration and no Board Member shall directly or indirectly receive any profit from their position of NCAO, provided that Board Members may be reimbursed reasonable expenses incurred by them in the performance of their duties.

ARTICLE VIII: FINANCE

1. The fiscal year of NCAO shall be from April 1 to March 31 of the next year.
2. The Executive Board shall have the authority to spend NCAO fund as necessity arises in conducting NCAO’s business. But it will not make any extraordinary expenditure without the approval of the majority members present in the meeting.
3. A cheque issued from NCAO’s account shall only be valid on a joint signature of the two Board Members authorized by the Executive Board.
4. The Executive Board shall select an Auditor in advance of the AGM with the responsibility of auditing the financial statements of NCAO.
5. The Auditor shall make such examination of the financial statement, receipt and vouchers for the fiscal year and submit report to the Executive Board.
6. NCAO’s financial statement along with the Auditor’s report shall be presented at the AGM.

ARTICLE IX: SECRETARIAT AND EXECUTION OF DOCUMENTS

1. The Executive Board shall conduct the business of NCAO from home-based offices of the Board Members.
2. A Canada Post mailbox may be established in the future, if necessary.
3. The person designated by the Executive Board will sign the official letters and correspondences prepared on behalf of NCAO. A copy of such document must be retained systematically in NCAO files.
4. No Board Member may issue Referral Letters, Certificates, Recommendations under NCAO’s seal to anyone without a prior approval of the Executive Board.

ARTICLE X: WORKING COMMITTEE

1. The Executive Board shall form a Working Committee as and when necessary to conduct NCAO’s activities in an effective manner.
2. The members for a Working Committee may be appointed from the membership of NCAO, including the Board Members.
3. The performance of the Working Committee must be reviewed by the Executive Board at least once a year.
4. A Working Committee can be dissolved by the Executive Board on completion of the mission.

ARTICLE XI: AMENDMENTS

1. Any proposals for changes to the BY-LAWS must be made in writing by a member “in good standing” and signed and supported by at least two members “in good standing”. Such proposals must be submitted to the Executive Board at least seven days before the AGM.
2. Such a proposal shall be presented for discussion and voting in the forthcoming General Meeting. Any proposal received after the General Meeting shall be held over for the next General Meeting.
3. Adoption of any proposals to change the BY-LAWS will require an approval of the two-thirds majority of the members present in the meeting in a closed voting.

ARTICLE XII: NO CONFIDENCE MOTION

1. A motion of no confidence against any or all members of the Executive Board may be proposed by members “in good standing”. Such a motion shall be in writing and signed by at least 25 percent of total members “in good standing”. A motion for no confidence shall be reviewed at a Special Meeting called for this purpose. The notice of the Special Meeting must be sent to all members at least 30 days in advance with a provision of proxy voting.
2. In order to pass a no-confidence motion at least 67 percent of the vote shall be required.

ARTICLE XIII: DISSOLUTION

1. NCAO may be dissolved if there is an extended period of inactivity, and if there are other justifiable reasons. In order to dissolve the organization, a notice must be sent to all members “in good standing” at least 30 days in advance of the Special Meeting with a provision of proxy voting. At least 67 percent of the voting in favor of dissolution must be required.
2. Upon dissolution of NCAO and after payment of all debts and liabilities, its remaining property shall be distributed or disposed of as determined by the majority voting of the General Meeting or Special Meeting called for the purpose.

ARTICLE XIV: TITLES AND COMMENCEMENTS

1. This BY-LAWS shall be called “The BY-LAWS of Nepalese Canadian Association of Ottawa, 2002”. 2.The By-laws shall come into effect on 30 March 2002.