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Chapter 1 Article (1) The National society for Democracy and Law (NSDL) was founded as a non-profit association in the Rafah Governorate in accordance with the Law of Charities and Civil Bodies No.1 of 2000 A.D.
Article (2) The main headquarters of the NSDL are in Rafah Governorates, Ottman Ben Affan St., Yehya Zorob Tower, second floor. Article (3) The interest and the working area: the association works in the field of law and human rights and its working area is the Rafah Governorate.
Article (4) The association enjoys the Article (5) The association preserves the right to open another branch/es inside the Gaza Strip after obtaining the approval the concerned ministry.
Article (6) The association aims to realizing the following: 1- promulgating the principles of the rule of law and the respect of the human rights. 2- Raising the citizen's awareness of his rights and duties and his assigned responsibilities, by the means of holding meetings and training workshops. 3- The documentation of the most important incidents related to either the breach of rule of law or violation of the human rights. 4- Defending the human rights in accordance with laws and legislations in force in the territories of the Palestinian Authority. 5- Participating in building the civil society institutions.
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Chapter 2
Membership
Article (7) The membership in the association is individual, is not vulnerable to transmission by means of the power attorney, and does not transmit by inheritance. Article (8) Any legally-qualified person has the right to affiliate to the association given that the desired conditions of acceptance are offered in his person in accordance with the Basic System.
Article (9) I- The founders of the association are considered members in it the time the association is registered in the Record of Associations in the specialized directorate of the concerned ministry. II- Any person who wants to affiliate to the association shall submit a request to the board of directors including his quatrain name, address, date of birth, ID number, and nationality; obliging to commit with the regulations of the Basic System and the decisions of the Board of Directors. III- The Board of Directors has the authority of taking a decision concerning the acceptance or non-acceptance of the request. In case of non-acceptance, the request maker has the right to objection in the nearest conference of the general assembly of the association. Article (10) The conditions of membership 1- The age of the member is not to be lesser than 18 years. 2- The member must not have been received a judicial sentence for felony… 3- The member has to have at least the General Secondary School Certificate. Article (11) Rights and duties of the member The member has the right to participate and vote in person in every congress of the general assembly with one vote in each voting. As well, he has the right to vote and candidate himself for the member ship of the board of directors. 1- The member has the right to participate in all of the association's activities and benefit from ot services. 2- The member complies with paying the fees of membership and other payments regulated by the board of directors and admitted by the general assembly. 3- The end of the membership in the association does not free the member of paying any amounts that may be due on his to the association. Article (12) The end of the membership in the association: a- the membership in the association ends in the following cases: 1- the member's death. If the member is a notable personality, it ends by the solution of the association. 2- Withdrawal from the charity association: by submitting a hand-written notification to the board of directors thirty days before the withdrawal. 3- The general assembly has the power, based on the decision of the board of directors, to dismiss the member for the following causes: I- If the member defaults in repaying the monetary commitments due to the association. II- If the member slackens in the commitment with the regulations of the basic system or the decisions of the board of directors. III- If he behaves inconsistently to the objectives of the association. IV- If he is arraigned of a crime violating honor and honesty. b- the board of directors is not to dismiss a member in accordance to lines I, II, and III unless the member is warned and given a reasonable time to correct himself and an appropriate chance to defend himself before the board of directors.
Article (13) Every request, warning or notification directed by the charity association to any of its members has to be handed to him personally or send to his mail address recorded in his record of membership. The association, according to a hand-written request by the member, changes his address recorded in his record of membership. |
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Chapter 3
The Board of Directors
Article (14) The association is managed by a board of directors that consists of 9 members elected by the general assembly for a period of 3 years.
Article (15) The board of directors specializes in the following issues: 1) Managing the affairs of the association and preparing the regulations and the internal systems that are necessary to the work of the association. 2) Appointing the necessary employees in the association, defining their tasks, and terminating their services in accordance to the regulations of law. 3) The formation of committees it deems fit to the improvement of the associations work and assigning the tasks of each of theses committees. 4) Preparing the final account of the fiscal and administrative year and any future plans and projects for the general assembly. 5) Preparing the final account of the late fiscal year and the balance budget for the coming year. 6) Calling the general assembly to a regular or irregular conference and implementing its decisions in accordance to the regulations of the basic law. 7) Following up any notes coming from the concerned ministry relating to the activity of the association. Article (16) The board of directors chooses from his members the head, the deputy head, secretary, and the responsible of the fund. A-the specialization of the head of the board of directors, and his deputy in case of his absence, are the following: 1- Representing the association before the others in all correspondences and endorsements and agreements the board agrees to make between the association and the other parties. 2- heading the sessions of the general assembly and the board of directors and what may be present of internal committees, and he has the right to call them to convention. 3- Admitting the work schedule of the sessions of the board of directors and supervising the implementation of its decisions. 4- Signing, with his secretary, the records of the sessions of the board of directors and the decisions concerning the administrative issues and the affairs of the employees. 5- Signing, with his secretary, on the checks and the monetary papers. B- the specializations of the secretary of the association are the following: 1- Preparing the work schedule of the sessions of the board of directors and calling its members to convention, in addition to doing the secretary of the sessions of the board of directors and preparing the record of sessions. 2- Carrying out all records that are decreed by law. 3- Informing the ministry of interior and the concerned union of a clarification of the movement of membership or any amendment in the association by a written note during a period not exceeding 15 days from the occurrence of the amendment. 4- observing the implementation of the decisions of the board of directors. 5- preparing the annual report on the association's activity and submitting it to the board of directors. 6- preparing the work schedule of and calling the general assembly in accordance to law to the regular or irregular sessions. 7- supervising all the administrative works, membership requests, and the employee's affairs. C- the treasurer is responsible for the following : 1- he is considered the responsible of all the monetary affair of the association in accordance to the financial rules and regulations in fact. 2- supervising all the resources and expenses of the association and providing all receipts of all incomes and …….. in the national bank approved by the board of directors.
3- writing down all the incomes and expenses systematically in the special
records. He is responsible for organizing all the financial works and the store
affairs and supervising them
Article (17) The board of directors convenes at least once every three months by an invitation by: 1- The head of board of directors, the deputy head, or the majority of the members of the board of directors. Conference of the board of directors is not admissible unless by the utmost majority (50% + 1). In case of the equation of votes, the vote of the head of board of directors prevails. 2- The board of directors convenes exceptionally when necessary by a call of the chairperson, deputy, or the third of the board of directors. Article (18) 1- the member of the board of directors has the right to resign in any time in accordance to a written notification submitted to the board of directors. The board of directors shall contemplate the resignation within a period not exceeding two month since the submission. In case of non-reply, the resignation is considered accepted. 2- The member ceases his work if he lost his legal eligibility or declared his bankruptcy. Article (19) - In case of the vacancy of the position of any of the members of the board of directors, it is replaced by the following in the vote numbers in the latest elections of the general assembly. -In case of the lack of a substitute, the remnant members have the right to appoint a member of the general assembly to work as a member in the board pending the holding of the nearest meeting of the general assembly. The remnant members are permitted, as a transition committee, to proceed in working as a board of directors pending the new appointment. - In case of the inability of any of the members of the board of directors to carry out his tasks for any reason, the rest of the board are permitted to appoint a substitute until he returns to his tasks. - In case of the inability to hold the meeting of the board of directors because of resignation or death, the rest members of the board bear, as a transitional committee, the task of carrying out the works of the board of directors for a period that does not exceed a month, during which the general assembly shall be called to choose a new board. - The member of the board of director is duly to work in accordance to the interest of his association and in the scope of its objectives in accordance to the Basic System. The member shall do all the tasks assigned to his/her by his association in accordance with the Law of Charities and Civil Society Institutions. The general assembly has the authority to fire the member of the board of directors in accordance to a proposition by the board of directors. - The ex-board of directors is considered responsible before the general assembly and the concerned authorities for all financial issues during his period of incumbency. Article (20) In case of the submission of a summary resignation by the board of directors, or the transitional committee stated in the paragraph (G) of Article "19" defaulted in carrying out its responsibilities, the concerned minister appoints a temporal committee from among the members of the general assembly to carry out the responsibility of the board of directors and for a period of a month, in order to be possible to call the general assembly to meeting during that period to choose a new board. Article (21) It is incumbent upon the board of directors to: 1- organizing the following record: I- The records of the correspondences from and to the society. II- The record of the basic system, comprising the names of the members of the board of directors in every electoral period and the date of their election. III- The record of the names of the members of the general assembly, comprising their ID numbers, ages, date of affiliation to the society and their jobs and nationalities. IV- The records of the meetings of the general assembly and the board of directors and the general assembly organized in a serial manner. V- The detailed records of the incomes and expenditures in accordance to the rules and regulations in force. 2- The board of directors shall organize the records of his meetings and decisions. 3- The board of the directors shall have the records mentioned in article (21), paragraph "1" endorsed by the concerned authority before usage. 4- The board of directors must maintain all the records mentioned in paragraph "A" of article (21) and not to spoil them all along the period of its incumbency, and to handle them to the concerned directorate in case of dissolving the society. The board of directors have to show these records before the concerned directorate in the concerned ministry when requested. Article (22) The head of board of directors and the treasurer endorse on all bonds, vouchers, or any other pecuniary documents that are to be binding to the society and to carry out them in all internal procedures within the constraints of its authorities. Article (23) The board of directors shall not include in his membership two or more members of first or second class of kinship. Article (24) It is not permitted in the same time the membership in the board and working in the society in return to payment. Article (25) It is not permitted to the member of the board to do any work for the society from which he gets a personal profit. Chapter 4 The general assembly Article (26) The general assembly consists of all the working members who are accepted in the society and paid all the due fees in accordance to the basic system and in the time decided by the board of directors. Article (27) Calling the general assembly to meeting: 1. The general assembly convenes at least once a year in the main headquarters of the society, it is also permitted that it convenes in other place named in the invitation with which the agenda of the meeting is attached. 2. the general assembly convenes in accordance to a written invitation ten days before holding the meeting to its members who has the right to presence, in which the place, time, and agenda of the meeting is clarified. 3. the general assembly can be invited to a regular or exceptional meeting by the request of: I. The utmost majority of the general board of directors. II. At least one third of the members of the general assembly. 4. In case of not inviting the general assembly to convention in accordance to paragraphs I and II, provision 3 article 27, the concerned minister is authorized to call it to convention or to appoint a person who calls them to convention.
Article (28) The board of directors appoints the palace, time, and the agenda of the regular and exceptional meeting of the general assembly.
Article (29) The general assembly discusses the following issues without the need to name it in the invitation: n: 1. The report of the board of directors on the activities of the association, and endorsing it. 2. The financial reports that the board of directors submits and its admittance. 3. The legally authorized auditor's report on the financial position of the society, and its admittance. 4. Appointing a legally authorized auditor. 5. Electing a new board of directors. 6. What occurs of the society's activities, especially what is related to the making of policies and the general orientation of the society.
Article (30) the general assembly discusses in its exceptional gathering the following issues : 1. The amendment of the basic system of the association. 2. Isolating a member of the board of directors and withdrawing confidence from him. 3. Solving the association and dealing with its moneys and properties. 4. Uniting or fusing the association with other associations.
Article (31) 1. the meeting of the general assembly may not be opened unless the majority of 50% +1 is present. In case of the presence of this percentage, the general assembly is permitted to initiate its deliberations and making decision. 2. in case of not realizing the prerequisite percentage of presence during 30 minutes from the appointed time in the invitation, the meeting is considered adjourned 15 days for the same time and place without the need to a new invitation. In this adjourned meeting, it is permitted to the present members to deliberate and make decisions whatever their number is, in condition that they are not lesser than one third of the general assembly.
Article (32) The meeting of the representatives: 1. In case that the members of general assembly exceed 1000, the meetings of general assembly are held by means of representatives chosen by all the members of the general assembly by a mechanism decided by the board of directors. 2. The meeting of the representatives is considered equal in power to the meeting of the general assembly, and submits to the same regulations that govern it.
Article (33) The meetings of the general assembly are headed by the head of board of directors or his representative the eldest of the members of the general assembly.
Article (34) 1. The decisions of the general assembly are made by the utmost majority of its members concerning the amendments in the Basic system of the association. 2. the decisions of the general assembly are made by the two thirds of the general assembly in what is related to the following issues: I. Dissolving the association. II. Amending the Basic System concerning the aims of the association. III. Isolating or taking off confidence from the members of board of directors. IV. Uniting or blending the association with other associations. 3. the decisions of the general assembly is released by the utmost majority of the present members, except concerning issues not mentioned in paragraphs 1 and 2 of Article 34.
Article (35) a minute is organized for every meeting of the general assembly, and the secretary of association undertakes writing down it and signing it with the head of board of directors. Thus, the meeting minutes become a preliminary and guaranteeing evidence for the legitimacy of the meeting of the general assembly and the decisions taken by it.
Article (36) The board of directors shall inform the concerned ministry by means of a written notification of the place, time, and agenda of the regular or exceptional meeting of the general assembly, at least a month before holding the meeting. Chapter 5 The finance of the association The finance of the association comes from: 1. membership fees. 2. The unconditioned grants and aids by means of receipt vouchers admitted by the concerned ministry. 3. The returns of the beneficial success-guaranteed activities of the association that are permitted by law. 4. The resources decided by the board of directors. Article (38) The association is to have an annual budget that begins at January 1 and ends at December 31 of each year. A legally authorized auditor undertakes supervising the budget unless the expenditures are lesser than 1000 Jordanian Dinars or the correspondent in the local currency. In both cases, the auditor shall submit a detailed report on the financial position of the association in the last year to the general assembly in its annual meeting to be admitted. Article (39) 1. The charity association deposits its money at a bank approved by it, and it have to inform the concerned ministry of the depositary within a week since the its occurrence. 2. The treasurer has not the right to keep in the financial fund of the association a monetary asset higher than one-month expenditures. 3. The association shall acquaint the auditor with the financial records, minutes of meetings and their decisions, and the cash and voucher receipts. Article (40) All the moneys of the association are dedicated to realizing the association's objectives; it is not permitted to expend any amount on any other purpose. Article (41) The association shall submit its accounting records and financial report in each year to the concerned ministry within not more than 4 months since the end of the fiscal year. Chapter 6 Dissolving the association
Article (42) I- in case that the association failed or defaulted to realize its objectives, the majority of the board of director and the one-third of the general assembly has the right to demand an exceptional meeting to consider dissolving the association and the disposition of its funds. II- The resolution to dissolve is considered true in case of the presence of the two thirds of the members of the general assembly and the approval of the two thirds of them. III- In case of that funds remain after dissolving the association and repaying all its monetary commitments, the funds goes to an association that have correspondent objectives within the boundaries of Palestine.
Article (43) The concerned ministry has the right to dissolve the association in the following cases: 1. If the association did not commence its actual work during the first year of its establishment. 2. if the association essentially defied its basic System and did not correct its position during a period that not exceed three months since warning it in writing. 3. if the association expended its funds for purposes different from its assigned purposes. 4. if the association submitted untrue data to the concerned ministry or any other body. 5. if the association disobeyed any of the legal regulations, order, or morals.
Chapter 7 Other rules
Article (44) The association has the right, through the of the two-third majority of the members of the general assembly and in accordance with the rules of the Law of Charities, to unite or fuse with another charity whether in a form of professional or regional unity, or in the form of a General Union.
Article (45) The association has the right to form action committees in order to realize its aims.
Article (46) It is prohibited for the association to exercise its work unless it is officially registered in the specialized directorate in the concerned ministry.
Article (84) The mentioned persons bellow, the founders of the association, as a board of directors for a year term: 1. Ibraheem H. L. Moammar 2. Jihad A. M. Jarghoon 3. Mesbaah S. S. Khader 4. Ashraf Y. M. Abu Eessa 5. Khaleel I. M. Abu Hassnah 6. Emmad S. M. Eessa 7. Nidal H. M. Abdel Aal 8. Hisham R. A. Ateyyah 9. Nabeel H. A. Attahrawee
The member of the founder committee: 1. Ibraheem H. L. Moammar 2. Jihad A. M. Jarghoon 3. Ashraf Y. M. Abu Eessa 4. Khaleel I. M. Abu Hassnah 5. Emmad S. M. Eessa 6. Nidal H. M. Abdel Aal 7. Mesbaah S. S. Khader 8. Hisham A. R. Al-ji'eb 9. Ashraf Gom'a 10. Muhammad Z. A. Zeidan 11. Nabeel H. A. Attahrawee 12. Tarek F. A. Abu Assa'eed. 13. Salaah H. Y. Al-awoor
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