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Constitution  
 

CHAPTER ONE

Article 1:
An NGO has been established in Pakistan under the name of Legal ID in compliance with the “Societies Registration Act 1860”

Article 2:
The NGO’s location and address is:
Pakistan – B-167, S.M.C.H. Society, Off Shahrah-e-Faisal, Karachi; and it is entitled to open branches in the main cities of Pakistan.

Article 3:
Nature of the NGO:
A non-governmental, independent, non-profit organization, established to create an awareness of the law and further public legal education and to work for access to justice

Article 4:
The NGO is representative and has independent finances, and has the right to own transferable and non-transferable funds to use them only to achieve its goals.

Article 5:
The NGO has the following aims and objectives:
1. Seek to simplify court procedures to make it comprehendible for everyone.
2. To improve the overall quality of Justice system by addressing the educational needs of advocates
3. Work in collaboration with registered legal fraternities’ i.e., the Pakistan Bar Association, the Punjab Bar Association, the Sindh Bar Association and so on.
4. Improve access to justice for all classes and sects of the society.
5. Propose the use of pre-action protocols, to encourage a more co-operative approach to dispute resolution and promote fair settlements, avoiding litigation wherever possible.
6. Investigate and assist local solution and alternatives to the litigations.
7. Make detailed proposals to increase access to justice in key areas of litigation.
8. Enhance levels of cooperation, coordination and participation among NGOs and umbrella organizations comprising of similar aims and objectives.
9. To plan, co-ordinate and implement Public Legal Education projects in Pakistan.

CHAPTER TWO

Article 6:
Membership:
Membership shall be open to every person of full legal eligibility, as long as he/she agrees to abide by the aims and objectives of “Legal ID” and consent to the admission/membership fee of PKR 200/- and an annual fee of PKR 300/-.

Article 7:
Requirements for membership are as follows:
1. To be over 16 years of age.
2. Not to be convicted by a competent court of law.

Article 8:
Persons establishing the NGO are members in it, from the date of registration in the designated registry at the competent ministry. The Executive Body is entitled to take a decision regarding the acceptance of applications.
Should the “body” refuse an application, the applicant may object to this refusal in writing.

Article 9:
Membership will be terminated in one of the following cases:
1. Death of the member.
2. Withdrawal from the organization, in writing to the Executive Body.
3. The Executive Body has the right to disqualify a member from the organization for one of the following reasons:
a) Should he have committed a grave and intentional mistake in applying the laws and regulations of the bylaws.
b) Should he have behaved contrary to the organization’s goals.
c) Should he been convicted for a serious offence
The Executive Body may disqualify a member from the organization for the reasons mentioned above only after he has been warned in writing, given reasonable time to rectify the damage and a chance to defend his position.

CHAPTER THREE

Article 10:
Executive Body:
The “Body” shall consist of the following posts:
1. Chairman
2. Vice Chairman
3. General Secretary
4. Joint Secretary
5. Treasurer

Article 11:
Duties and Powers of the Office Bearers:
1. Chairman:
a) Will be the Chief Executive and head of the NGO
b) Will preside over the organizations’ meetings, and represent “Legal ID” when and where needed
c) Will appoint members at the executive body as recommended by the executive body
d) Will provide an update to the executive body during the monthly meeting.
2. Vice Chairman:
a) The Vice Chairman shall perform the duties of the Chairman in his absence, and will assist the Chairman
b) Will co-ordinate between the different offices of the NGO in Pakistan and outside the
Country.
3. General Secretary:
a) The General Secretary shall be responsible to execute the Decision of the Managing Committee.
b) Keep proper records of proceedings of all the meetings held
c) Execute and enforce the resolutions passed in meetings in conformity with the provisions of the by-laws of the organization and represent “Legal ID” in all matters relating thereto
d) Retain custody over the records of the NGO. The General Secretary is empowered to spend Rs.15000/- in a month in case of emergencies, any sum exceeding that amount will require sanction from the Executive Body.
e) Manage the member’s records, and will be first contact point of contact for any new members.
f) Co-ordinate efforts in organization’s different projects.
4. Joint Secretary
a) To assist the General Secretary in all his duties and in the absence of the General Secretary to perform and exercise the duties and power of General Secretary.
5. Treasurer
The Treasure shall perform the following duties:
a) To maintain or cause to be maintained proper accounts and books of accounts of income and expenditures of “Legal ID”.
b) To receive donations and other amounts and issue receipts thereof.
c) To prepare budgets and obtain its consent from the “Body”.
d) To prepare budgets for any project the organization may decide to implement
e) To make payments with the approval of the Chairman or the General Secretary.
f) To operate Bank Accounts and draw cheques etc, with joint signatures of the Chairman or General Secretary.

Article 12:
Any member who wishes to contribute in any project undertaken by “Legal ID” may make such a request to the General Secretary, who will, along with the request and the members’ experience, bring the matter to the Executive Body who will decide..

Article 13:
The Executive Body will nominate/replace any office bearer or member in the event of resignation, death etc. All decisions reached during the monthly meeting must have a 2/3rd majority.

Article 14:
All members in the Executive body will be paid for their time and effort; however, their remuneration will be linked to their involvement the respective projects. All such remuneration must be agreed by the “body”.

Article 15:
Advisory Committee:
An advisory committee will be established under Article 15 which will consist of individuals and groups who can provide valuable advise gained in their past or current experience consistent with the aims of “Legal ID”’s objectives.
a) Each member of the “Committee” must be a member of “Legal ID”
b) The “Committee” will provide its input on every project undertaken by “Legal ID”
c) The Advisory Committee will receive regular updates on all projects undertaken by “Legal ID”.
d) The recommendations of the advisory committee will be published and distributed among all members of the organization.
e) Members of the “Committee” may convene once a month at the NGO’s expense.
f) Members of the “Committee” may recommend other members of suitable professional background to be included on the board.

Article 16:
Election
a) The first body shall be for a period of three (3) years and thereafter on every three years; General Secretary shall convene a meeting of General Body of Election of the Members of the Managing Committee and its office bearers.
b) The elections shall be voted by the members present or proxy in which the cases procedure vote by proxy procedure under the Societies Act shall be followed and the formed shall be used.
c) Every member shall have the right to one vote but the defaulter member who has not paid the membership fee for even a year or is in arrears to pay for a year shall not be eligible to cast his/their votes.
d) Members seeking election will have to file nomination papers at two (2) weeks prior to the date fixed for election and scrutiny of all the nomination papers proposed and seconded by two (2) members shall be held at least one week before the date of election. Those candidates whose nomination papers are in order shall be eligible to
contest for the position sough and may contest the election.
Second Term
The Governing Body/Council can stand for election more than one consecutive term and can be elected for next term for the Elective Council.

Article 17:
Meeting
I. Annual General Meeting will be held focusing on the following:
a) Annual report of the General Secretary regarding the working of the Committee;
b) Resources of the Committee;
c) Working of the Committee & its progress towards the achievements of its aims and objectives and future programs for the next financial year;
d) Approval for the income and expenditures; and
e) Any other matter with the permission of the Chairman.
II. Extra Ordinary General Meeting
Extra Ordinary General Meeting of the Governing Body may be held from time to time as may be deemed necessary by the Chairman or on pursuance of the direction issued to him by the Governing Body. It shall be held within a fortnight from the date of receipt of the requisition signed by not less than two-third (2/3rd) majority describing the urgency thereto.

CHAPTER FOUR

Article 18:
Finances:
The financial assets of the organization are composed of:
1. Membership fee
2. Annual Subscription
3. Fundraising Events
4. Multinational Donors
5. Endowments (if any)

Article 19:
· The organization will trust its financial amounts in a bank or banks that are accredited by the Executive Committee.
· The treasurer is not entitled to keep in the organization’s petty cash an amount exceeding 10, 000 PKR at any given time.

Article 20:
All finances are for the aims of the organization and will be dispensed with the agreement of the executive committee. In case of any disagreement, such decision should be taken by 2/3 of the committee.

Article 21:
The financial year of the organization shall start from 1st July.

Article 22:
The account of the “SOCIETY” shall be audited preferably by a Chartered Accountant every year as appointed by the Governing Body.

CHAPTER FIVE

Article 23:
Amendments:
Proposed amendments to these Bylaws shall be submitted to the Chairperson in time for consideration by the Executive Committee and for written circulation to each member organization not less than ten days prior to the date of the proposed adoption. An amendment shall be adopted only after discussion in a plenary meeting of the Committee and upon the affirmative vote of two-thirds of those representatives of member organizations present and
voting.

Article 24:
Dissolution:

In the event of the dissolution of “Legal ID”, after an approval of the Executive Body by a 2/3rd majority, all assets of the NGO shall be donated to any other committee with similar aims and objects “Legal ID”. However it is necessary to ensure that no member has any claim on any asset/property of the NGO and all debts are cleared.

 




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