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CHAPTER I GENERAL PROVISIONS
Artcle
1 The name of this organization is "中国抗癫癎协会"
in Chinese, and the China Association Against Epilepsy in English,
CAAE for short.
Artcle 2 The Association is a nationwide nonprofit
social organization formed by people from all circles of society,
on a voluntary basis, who are committed to the control and prevention
of epilepsy. Member individuals and organizations consist of related
professionals engaged in medical service, scientific research and
public health, relevant personnel of labor, education and social
welfare sectors, epileptics and their family members as well as
local communities and organizations concerned.
Artcle 3 The purpose of the Association is: to
comply with the Constitution, laws and regulations as well as policies
of the State and observe the social ethics; to maintain the fundamental
interest of the State and accelerate economic development and social
progress; to unify vast medical workers and relevant personnel from
all circles of society, who are full of enthusiasm about the control
and prevention of epilepsy, to strive for the promotion of epilepsy
prophylaxis and treatment in China and the development of science.
Artcle 4 The Association shall be under the guidance
of a competent authority, the Ministry of Health, in term of its
operations, and shall be subject to the supervision and administration
of the Ministry of Civil Affairs which acts as the authority for
the registration and administration of social organizations.
Artcle 5 The Association is based in Beijing.
CHAPTER II SCOPE OF OPERATIONS
Artcle 6 The
scope of operations of the Association is set forth as follows:
(1) Implementation of public propaganda, education and dissemination
of general knowledge on epilepsy; provision of consultancy services
to patients and their family members as well as the interested parties
of society in connection with expertise of epilepsy prophylaxis
and treatment, hospitalization, rehabilitation, labor employment,
education, etc.
(2) Promotion, coordination and normalization of various activities
of epilepsy prophylaxis and treatment and research; implementation
of training activities; focus on enhancing the ability of community
health workers to deal with epilepsy;
(3) Implementation of public welfare activities in the epilepsy
related fields;
(4) Implementation of academic exchange and cooperation between
China and the international community in the filed of epilepsy and
provision of test bases for new domestic and foreign anti-epilepsy
drugs, in order to accelerate the development of the cause of epilepsy
prophylaxis and treatment at home and abroad;
(5) Active maintenance of the lawful rights and interests of epileptics
and provision of advice and recommendation for relevant decisions
of the government;
(6) Establishment of an entity engaged in epilepsy prophylaxis
and treatment and research under appropriate circumstances.
CHAPTER III MEMBERSHIP
Artcle 7 Members
of the Association fall into the two categories of individual members
and organizational members.
Artcle 8 In order to become a member of the Association,
the following requirements must be satisfied:
(1) In support of the constitution of the Association;
(2) A desire to join the Association;
(3) A professional engaged in the field of epilepsy prophylaxis
and treatment or a person or organization from any walks of life
with enthusiasm about the cause against epilepsy.
Artcle 9 The membership admission procedures are
as below:
(1) Submission of an application for membership admission;
(2) Approval by the administrative council after discussion;
(3) Notification and issuance of a membership card to the individual
(organization) by the administrative council.
Artcle 10 Members shall have the following rights:
(1) Right of suffrage, right to be elected and right to vote with
reference to the Association;
(2) Right to participate in various activities held by the Association;
(3) Right of priority to obtain the services provided by the Association;
(4) Right to criticize, right of suggestion and right of supervision
in connection with the operations of the Association;
(5) The free will to join and the freedom to withdraw from the
Association.
Artcle 11 Members shall fulfill the following obligations:
(1) Implementation of the resolutions of the Association;
(2) Maintenance of the legitimate interest of the Association;
(3) Completion of the tasks assigned by the Association;
(4) Payment of membership dues as provided;
(5) Reporting of various circumstances and provision of relevant
information to the Association.
Artcle 12 Any member who wants to withdraw from
the Association shall provide a written notice and return the membership
card. Any member who has failed to pay the membership dues or participate
in the activities of the Association for one year shall be treated
as an automatic withdrawal from the Association (except for special
cases).
Artcle 13 In case of any serious violation of this
constitution committed by a member, the member will be expelled
from the Association by the administrative or executive council
after voting for it.
CHAPTER IV ORGANIZATIONAL STRUCTURE AND THE ELECTION AND
RECALL OF LEADERSHIP
Artcle 14 The
members' congress shall be the highest authority of the Association.
It is responsible for:
(1) Formulation and amendment of the constitution;
(2) Election and dismissal of the members of the administrative
council;
(3) Review of the operational and financial reports of the administrative
council;
(4) Decision of termination issues;
(5) Decision of other matters of significance.
Artcle 15 The members' congress can only be convened
with at least 2/3 of its representatives of members present and
any resolution made by it shall only take effect after being approved
by more than half of the participating representatives of members.
Artcle 16 The members' congress shall be convened
once every four years. In particular cases where the congress needs
to be convened ahead of time or needs to be postponed, it shall
be approved by the administrative council after voting for it, and
then reported to the competent authority for the operation (the
Ministry of Health) for examination and to the authority for the
registration and administration of social organizations (the Ministry
of Civil Affairs) for approval. However, the maximum time limit
for such postponement shall not exceed one year.
Artcle 17 The administrative council shall be the
executing body of the members' congress, which directs the daily
routine of the Association when the congress is not in session and
shall report to the members' congress.
Artcle 18 The administrative council is responsible
for:
(1) Execution of the resolutions of the members' congress;
(2) Election and dismissal of the chairman, vice-chairman and secretary
general;
(3) Preparations for the convening of the members' congress;
(4) Reporting of the operating and financial condition to the members'
congress;
(5) Decision on the admission of members and cancellation of membership;
(6) Decision on the establishment of administrative body, branch
office, representative office and entity organization;
(7) Decision on the appointment of the deputy secretary-general
and the leading officials of each department;
(8) Guidance on carrying out various activities of each department
of the Association;
(9) Formulation of the internal control system; and
(10) Decision on other matters of significance.
Artcle 19 The administrative council can only be
convened with at least 2/3 of its members present and any resolution
made by it shall only take effect after being approved by more than
2/3 of the participating members.
Artcle 20 The administrative council shall hold
at least one meeting each year, which could be convened in the form
of communication under special circumstances.
Artcle 21 The Association shall set up an executive
council, whose members are to be elected by the administrative council.
It will exercise the functions and powers provided in clause (1),
(3), (5), (6), (7), (8) and (9) of Article 18 when the administrative
council is not in session, and shall report to the administrative
council.
Artcle 22 The executive council can only be convened
with at least 2/3 of its members present and any resolution made
by it shall only take effect after being approved by more than 2/3
of the participating members.
Artcle 23 The executive council shall hold at least
one meeting every half a year, which could be convened in the form
of communication under special circumstances.
Artcle 24 The chairman, vice-chairman and secretary
general of the Association must satisfy the following criteria:
(1) Adherence to the lines, principles and policies of the Party
with desirable political quality;
(2) Great influence within the field of operation and subject of
the Association;
(3) Under the age of 70 for the position of chairman, vice-chairman
or secretary general; the secretary general works full-time;
(4) In good health condition and with the competence for continuous
normal work;
(5) No record of the criminal punishment of deprivation of political
right;
(6) With full civil capacity.
Artcle 25 In case of the chairman, vice-chairman
or secretary general of the Association exceeding the age limit
for their posts, it shall be approved by the administrative council
after voting for it, and then reported to the competent authority
for the operation (the Ministry of Health) for examination and to
the authority for the registration and administration of social
organizations (the Ministry of Civil Affairs) for approval.
Artcle 26 The term of office for the chairman,
vice-chairman or secretary general of the Association shall be four
years, subject to a maximum of two consecutive terms. If an extension
of term is required due to special circumstances, it shall be approved
by more than 2/3 of the representatives of the members' congress
after voting for it, and then reported to the competent authority
for the operation (the Ministry of Health) for examination and to
the authority for the registration and administration of social
organizations (the Ministry of Civil Affairs) for approval.
Artcle 27 The chairman or managing vice-chairman
of the Association shall act as the legal representative of the
Association. The legal representative of the Association shall not
act concurrently as the legal representative of any other social
organization.
Artcle 28 The chairman of the Association shall
exercise the following functions and powers:
(1) Convening and presiding over the administrative council (executive
council);
(2) Checking the implementation of the resolutions adopted by the
members' congress and the administrative council (executive council);
(3) Executing the relevant important documents on behalf of the
Association;
(4) Other functions and powers delegated by the members' congress.
Artcle 29 The secretary general of the Association
shall exercise the following functions and powers:
(1) Leading the administrative bodies to carry out daily operations
and organizing the implementation of the annual working plan;
(2) Coordinating among various branch offices, representative offices
and entity organizations for implementation;
(3) Nominating the vice secretary general and the leading officials
of each administrative body, branch office, representative office
and entity organization and submitting such nomination to the administrative
or executive council for its decision;
(4) Deciding on the appointment of full time employees of each
administrative body, representative office and entity organization;
(5) Dealing with other everyday affairs.
CHAPTER V PRINCIPLES OF ASSETS MANAGEMENT AND USAGE
Artcle 30 The
sources of funding for the Association are as follows:
(1) Membership fees;
(2) Donations;
(3) Government subsidy;
(4) Income derived from the activities or services rendered within
the approved scope of operations;
(5) Interests; and
(6) Other legitimate income.
Artcle 31 The Association collects its membership
fees in accordance with relevant regulations of the State.
Artcle 32 The funds of the Association shall be
used within the scope of operations provided in this constitution
for the development of the Association, and shall not be distributed
among members.
Artcle 33 The Association shall establish a strict
financial control system to ensure the legitimacy, truthfulness,
accuracy and completeness of accounting information.
Artcle 34 The Association shall have accounting
personnel with professional qualifications. The accountants shall
not serve as cashiers concurrently. The accountants shall conduct
accounting and implement accounting control. In case of an accountant's
transfer or separation from service, he or she shall complete the
handing over procedures with his or her successor.
Artcle 35 The assets management of the Association
shall comply with the financial control system provided by the State
and shall be subject to the supervision of the members' congress
and the financial authorities. The assets originating from the national
appropriation or social donations or support shall be subject to
the supervision of the auditing authorities and the related information
shall be disclosed to the general public in an appropriate way.
Artcle 36 Prior to the change of leadership or
legal representative, the Association shall be subject to the financial
audit organized by the authority for the registration and administration
of social organizations (the Ministry of Civil Affairs) and the
competent authority for the operation (the Ministry of Health).
Artcle 37 No organization or individual may encroach
upon, partition without authorization or misappropriate the assets
of the Association.
Artcle 38 The pay, insurance and welfare treatment
for the full time employees of the Association shall be handled
with reference to the relevant provisions of the State on public
institutions.
CHAPTER VI PROCEDURES OF AMENDMENT TO CONSTITUTION
Artcle 39 Any
amendment to the constitution of the Association shall be approved
by the administrative council after voting for it and then reported
to the members' congress for consideration.
Artcle 40 The amended constitution of the Association
shall take effect after being examined and approved by the competent
authority for the operation (the Ministry of Health) and reported
to the authority for the registration and administration of social
organizations (the Ministry of Civil Affairs) for verification within
15 days since the adoption at the members' congress.
CHAPTER VII TERMINATION PROCEDURES AND ASSETS DISPOSAL
Artcle 41 In
case of voluntary dissolution of the Association as a result of
fulfillment of its purpose or cancellation of the Association due
to division, merger or other cause, the administrative or executive
council shall make a proposal for termination.
Artcle 42 The proposal to terminate the Association
shall be approved by the members' congress after voting for it and
shall be reported to the competent authority for the operation (the
Ministry of Health) for examination and approval.
Artcle 43 Prior to the termination of the Association,
a liquidating organization shall be set up under the directions
of the competent authority for the operation (the Ministry of Health)
and related authorities in order to settle financial claims and
obligations and deal with subsequent matters arising from the termination.
During the liquidation period, other activities than liquidation
shall not be conducted.
Artcle 44 The Association shall terminate immediately
upon the completion of deregistration procedures with the authority
for the registration and administration of social organizations
(the Ministry of Civil Affairs).
Artcle 45 The remaining property of the Association
after termination shall, under the supervision of the competent
authority for the operation (the Ministry of Health) and the authority
for the registration and administration of social organizations
(the Ministry of Civil Affairs), be used for the development of
undertakings relating to the purpose of the Association in accordance
with the relevant provisions of the State.
CHAPTER VIII SUPPLEMENTARY
PROVISIONS
Artcle 46 This constitution was adopted by the members'
congress after voting for it on January 8, 2005.
Artcle 47 The administrative council of the Association
shall have the authority for the interpretation of this constitution.
Artcle 48 This constitution shall take effect as
of the date upon the examination and verification by the authority
for the registration and administration of social organizations
(the Ministry of Civil Affairs).
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