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Table of Contents:

1. Article I.                 PREAMBLE

2. Article II.                OBJECTIVES OF THE ASSOCIATION.

3. Article III.               MEMBERSHIP.

4. Article IV.               ORGANIZATION.

5. Article V.               THE EXECUTIVE OFFICE-BEARERS.

6. Article VI.               ADMINISTRATION.

7. Article VII.              CONDUCT OF AFFAIRS.

Article I.           PREAMBLE

We, the Pashtuns (sometimes written as Pashtoons, Pakhtoons, Pukhtuns or with similar sounding words) Canadian citizens, immigrants and refugees, have solemnly resolved to constitute ourselves into a socio-cultural association for the lofty and sacred mission of encouraging and promoting the much neglected but highly significant cause of uniting and organizing ourselves as a well-organized dynamic socio-cultural group for ensuring our cultural identity and welfare in Canada and successful integration into the Canadian society as good citizens.

The Association, with this avowedly lofty humanitarian ideal of serving and promoting the manifold cause of the deeply backward and culturally shattered Canadian Pashtuns in Canada, shall function and be institutionalized as a non-profit socio-cultural society called “ The Canadian Pashtun Cultural Association” and “ De Canada Pashtano Keltoori Tolana” in Pashto, the national and international language of the Pashtuns.

The Association thus designated shall be formed, staffed, run and governed by self-sacrificing Pashtun Canadian citizens and landed immigrants hailing from all over Pashtunkhwa -Afghanistan and NWFP and Baluchistan provinces of Pakistan, and elsewhere who are committed to the sacred objective of advocating, serving, and promoting the socio- cultural, and educational needs and well-being of the Canadian Pashtuns and their just struggle for cultural identity, liberty, security, social justice, equality, dignity, democratic rights, progress, and human betterment.

The Association shall endeavor to gather and exchange information on the Pashtuns and their shattered culture and seek to study and explore their manifold problems in all spheres of life with a view to inculcating and disseminating its proper awareness and understanding for a needful amelioration and settlement in their larger interest and well-being as well as the Canadian society at large.  For, in our view, the continuing neglect of the Pashtun cause, specially the lamentable want of socio-cultural facilities and lack of proper cultural-oriented education, language learning and job training in the Canadian Pashtun community have tended to affect, limit, and undermine their options, adding to the aggravation of their manifold problems, isolation, alienation and lack of successful participation, contribution and integration into the Canadian society.

We believe that the lofty goals and ideals of the Association could and should be realized through the joint and co-operative efforts, goodwill and moral and material support and contributions of all the committed Canadian Pashtuns, as well as the direct and indirect support, co-operation, participation, resources, and contributions of all the various Canadian federal and provincial government departments, philanthropic organizations, humanitarian institutions, and the truly committed sections of the larger Canadian society.

We are confident that the “Canadian Pashtun Cultural Association” would make a great contribution to the great Canadian society, especially in the multicultural and socio-economic spheres towards the lofty Canadian international cause and ideals of social justice, democracy, liberty, understanding and goodwill for ensuring a just society and sustainable order of international peace, progress, and prosperity.

The registered office or the headquarters of the Association shall be situated in Toronto , the capital city of Ontario .  Branches and agencies of the Association shall be located wherever deemed most necessary for the expanding activities of the Association.  At present and for some time to come, the office of the Association shall be located at:
4051 Midhurst Lane , Mississauga . ON, L4Z 1C8 Canada

Article II.          OBJECTIVES OF THE ASSOCIATION

Section 2.01      General Objectives

                  I.      To promote and uphold: a) Fundamentals of Democracy, b) Human Rights, c) Equality and d) the Rule of Laws

                 II.      To promote the highest standards of citizenship among the Pashtun Canadians and encourage and foster the spirit of multiculturalism and cultural respect in the Canadian Society

               III.      To promote the spirit of tolerance, moderation and liberalization in words and deeds and thus discourage authoritarianism and extremism in all forms

              IV.      To promote the equality of men and women and enhance the status of Canadian Pashtun women and children

               V.      To support and promote democratic values and develop behavioral democratization among Canadians and immigrants of Pashtun origin

Section 2.02         Specific Objectives

                  I.      To restore, preserve and promote Pashtun Islamic and Cultural values as enshrined in the Pashtunwali and the Pashto Language among Canadian Pashtuns and thus make a positive contribution to Canada ’s cultural mosaic

                 II.      To initiate, gather and promote efforts aimed at fostering co-operation among Canadian Pashtun individuals, groups and organizations across Canada and co-ordinate and unite their efforts towards preservation and promotion of Pashtun Islamic and Cultural Heritage and the Pashto Language

               III.      To support and espouse the rights and legitimate interest of the Pashtun Canadians, immigrants and refugees and act in matters affecting their rights and status in Canada

              IV.      To help, attend and serve the Immigration and Settlement needs of the Pashtun New Comers and others in need and assist in efforts aimed at solving their problems and improving their socio-economic and cultural conditions and facilitating their integration into the Canadian society

               V.      To assist Pashtun Canadians, immigrants and refugees in their efforts of family reunification and prosperous resettlement in Canada

              VI.      To provide a center or focal point for Pashtun Canadians and immigrants to co-ordinate and channel their collective efforts in promoting their cultural identity and socio-economic well being through collaboration and united action.

            VII.      To provide necessary care for Canadian Pashtun elders and handicaps and assist in satisfying their special needs and provide them with congregational facilities for rehabilitation, recreation and deliberation of socio-cultural functions and ceremonies.

           VIII.      To encourage, co-ordinate and promote the collective efforts of the Canadian Pashtun youths to develop their capabilities and maintain the highest standard of moral well-being and citizenship as embodied in the Pashtun Islamic and cultural heritage of Pashtunwali- the Pashtun code of honor.

               IX.      To protect, preserve and promote Canadian Pashtun cultural identity and the Pashto language by propagating of Pashtun cultural values and establishing and maintaining of educational, training and informational facilities such as day care centers, language learning courses, and mass media communication means.

                X.      To establish, maintain and conduct orientation classes, lectures, seminars and courses of learning English as Second Language, Canadian Laws and Canadian Citizenship, and Job Training for the Pashtun elders, seniors, handicaps and newcomers.

               XI.      To provide and maintain socio-religious facilities for birth, marriage and burial ceremonies in accordance with the Pashtun Islamic and cultural traditions.

             XII.      To cooperate and strengthen bonds of friendship with other Pashtun organizations and VIPs advocating similar objectives or serving the cause of Pashtun culture and language in Canada , North America or elsewhere.

            XIII.      To gather, prepare, edit, translate into Pashto and publish the basic First Aid materials on the Pashtun history, culture and language, the Canadian history, culture, laws, and citizenship, life and job skills, business initiatives and other direly needed information and knowledge required for socio-economic and cultural development and successful integration into the Canadian society.

          XIV.      To establish and maintain a well-equipped office for the headquarter of the Association, a spacious congregational and conference hall, a library-cum-information- documentation center, a recreational exhibition place, a day care center, a refugee rehabilitation facility, a mosque, a burial cemetery, a residential Pashtun Kelay (village) and an educational and information center for research and studies of learning job skills, culture, language and other necessary developmental disciplines.

            XV.      To actively support the efforts of the people of Pashtunkhwa in establishing a just democratic society where peace, justice, the rule of law and order and the respect for human rights and principals of “Democracy” are upheld.

Article III.         MEMBERSHIP

Section 3.01                Qualifications

                  I.      The Membership of the Association shall be obtainable by payment of the prescribed registration and annual membership fees and signing up of an undertaking application-cum bio- data form subject to the following qualifications:

A.      Be a Canadian citizen or permanent resident of Canada with over sixteen years of age.

B.      Be a person of Pashtun origin or a husband or wife of such person, regardless of national origin.

C.      Agree and confirm with the Association’s objectives and membership responsibilities in writing through a prescribed membership undertaking form.

D.      Not be implicated in war crimes or any criminal act against the vital national interest and ideals of the Pashtun nation.

E.      Submit a properly completed form of application as dully recommended and signed by two good- standing members of the Association.

                 II.      The qualifications of the Association’s elected executive and appointed senior administrative officials shall necessarily include at least:  a) 2-year of residence in Canada; b) a certificate of high school education;  c) language skills of better oral and written communication in both the English and Pashto languages;  d) sufficient knowledge of Pashtun history, culture and national norms of social behavior as embodied in Pashto ( the Pashtun laws of social justice), and Pashtunwalee (the Pashtun code of national honor);  and  e) clearance by the Committee of Hiring and Monitoring of Performances.

Section 3.02                Types of Membership

The Association’s membership shall consist of three categories of the Permanent (regular) members, the Honorary Members, and the Patron members.

                          I.      Permanent Membership:

F.      Any Canadian citizen and landed immigrants of Pashtun origin who fulfils the qualifications and pays the prescribed registration and annual registration fees, shall have the honor of being life time permanent members of the Association.  They shall enjoy their permanent voting right as long as they are able to pay their fees and fulfill their obligations.

G.     All the signatories of this Memorandum who have paid the prescribed Registration and Annual Membership fees shall be the lifetime Permanent Members of the Association.

                        II.      Honorary Membership:

H.      The Executive Council may invite imminent Pashtun scholars, writers and other influential personalities interested in the promotion of the cause and ideals of the Association or those who have made outstanding contribution to Pashtun cultural cause or are likely to make such contribution as Honorary Members subject to the approval by the Board of Directors.

I.         A distinguished Honorary Member shall be bestowed the status of Permanent Membership if his/her services and contributions to the Pashtun cause are found to be exceptional or extraordinary subject to approval of the Board of Directors.

                      III.      Patron Membership

A.      Any humanitarian organization or an individual of a sound and reliable character who is distinguished for his /her spirit of dedication to the common ideals of human advancement and betterment can and shall have the opportunity and privilege of contributing philanthropically to the cause of Association as Patron Members.

B.      Patron Members shall be of two categories: the occasional donors and the permanent contributors.  Permanent Patrons or the regular contributors and major donors shall have same rights and privileges as other members except the right of voting in the elections.

Section 3.03       Mode of Acquiring Membership

                          I.       

A.      Membership of the Association shall be obtainable by filling and signing up the Application and Membership Undertaking Form attached with a printed copy of the Constitution of the Association and by paying of the prescribed registration and annual membership fees.

B.      Membership shall be granted or refused to a candidate after due consideration of his/her membership application form followed by the release of an intimation letter of refusal or admission with “Membership Identity Card” by the Secretary-General.  Non-receipt of an intimation letter within a reasonable period of time shall mean misplacement of the Application Form, which the candidate concerned, shall have the right to be looked into.

Section 3.04      Membership Fees:

                        II.       

A.      All Permanent Members shall pay twenty ($ 20) Canadian dollars or it’s equivalent as one-time Registration Fee at the time of submitting application.

B.      All members of the Association shall pay a flat annual contribution of sixty ($ 60) Canadian dollars or its equivalent as Annual Membership Fee, payable annually, half-yearly, or quarterly as convenient.

C.      Permanent Patrons excluding donors shall have the honor and privilege of making regular discretionary contributions in addition to their normal membership fees, payable separately or together with membership fees in a lump sum or in installments as feasible and convenient.

D.      Membership fees, regular contributions by patrons, and voluntary donations shall be receivable in the name of the Association against prescribed demand bills and receipts given or dispatched formally.

E.      Membership fees for periods longer than a year can also be accepted in advance for the sake of convenience and with a view to easing the initial financial hardships faced by the Association.

Section 3.05      Rights and Privileges of Members

                          I.       

A.      All members, including honorary members, permanent patrons and major donors, shall have the right to vote and participate in all the decision-making deliberations of the General Assembly excluding the election of Board of Directors.  Honorary members, Patrons and occasional donors shall not have the right to vote in the election of the executives but can participate in the meetings as observers.

B.      All members of the Association, including the patrons and major donors, shall be entitled to receive all the benefits and services generated and all the products and publications brought up and produced by the Association.

C.      All the members shall have their inalienable right of lawful protection by the Association including the right of defending their legitimate interests.

Section 3.06      Revocation and Termination of Membership:

                          I.       

A.      A member of the Association shall be expelled by a two-third vote of the Board of Directors for willfully engaging in an activity or conduct which, in the opinion of the Board, is contrary to the objectives of the Association or is detrimental to its vital interests.

B.      A membership in the Association shall automatically terminate if a member 1) dies;  2) is expelled;  3) resigns in writing; or 4) fails to pay his/her annual membership fees for more than three months from the due payable date.

C.      A terminated membership or an expelled member in good standing shall be reinstated by a two-third vote of the Board of Directors and final approval by the General Assembly.

D.      Members of the Association shall not be accountable or responsible for any act, default, loss, injury, transaction, matter or anything related to the conduct or running of the affairs of the Association.

Article IV.        ORGANISATION

The Canadian Pashtun Cultural Association shall have the following high-power decision-making authoritative bodies:

Section 4.01          The General Assembly (The general body meeting of all members)

Section 4.02          The Board of Directors (the elected body of decision and by-law makers)

Section 4.03          The Executive Council (the elected executive body of Board representatives)

Section 4.04          The Election and Regulation Supervisory Commission (an elected body)

Section 4.05          The Auditing and Financial Supervision Committee (an elected body)

Section 4.06      The General Assembly:

                          I.       

A.      The General Assembly shall be the supreme legislative authority of the Association.  It shall delegate high executive and supervisory powers to the Board of Directors and the Executive Council of the Association.

B.      The General Assembly shall consist of all the members of the Association including the honorary members, patrons and the representatives nominated or selected by the major donors.  Where the number of individual patrons and donors exceeds the constitutionally specified limit of one-third membership strength, a fixed membership quota with a pattern of representation for patrons and donors shall be specified in the by-laws of conduct of the Association’s affairs.

C.      The General Assembly shall consider, decide and pass the annual reports, budgets and plans of future expanding activities and any other important business which shall be properly brought up and presented by the Board of Directors, the Election and Regulations Supervisory Commission, and the Auditing and Financial Supervision Committee.

D.      The General Assembly shall elect from amongst its members five to seven new Board Members to the Board of Directors, an Election Commissioner and an Auditor to the respective Election and Regulation Supervisory Commission and the Auditing and Financial Supervision Committee at its Annual General Meeting for a period of three years.

E.      The General Assembly shall give due consideration to a proportionate all inclusive representation of electing an equal number of Bar and Lar Pashtuns to the Board of Directors, and other elected body in order to fully represent all parts of the Loya (Great) Pashtunkhwa, consisting of the Bara (Upper) Pashtunkhwa or Afghanistan, and the Kooza (Lower) Pashtunkhwa, the two North West Frontier and Baluchistan provinces in Pakistan.

F.      The General Assembly shall meet at least twice a year, annually and semi-annually, on such date and at such place within Ontario as the Board of Directors may decide.  Notice for an annual, semi-annual (six-monthly) and emergency meeting of the General Assembly shall be issued at least two months in advance

Section 4.07      The Board of Directors:

                          I.       

 

A.      The Board of Directors shall be the highest decision making executive organ of the Association which shall be elected by the General Assembly at its Annual General Body Meetings from amongst its members for a period of three years on rotation bases of electing a group of five to seven directors annually. The Board shall consist of not less than seven members and not more than twenty-one including the Executive Directors.

B.      The Board of Directors shall elect an Executive Council of not less than five executives from amongst themselves for a period of three years at their first sitting immediately after their election for the purpose of normal conduct of the day-to-day activities of the Association.

C.      The Board of Directors shall meet once every three months to review and coordinate the affairs of Association.  As the highest authority it shall have the powers and responsibilities to:

1)     Appoint various standing, advisory and ad hoc committees or commissions for realization of the Association’s objectives and effective management of its affairs;

2)     Frame and execute the Association’s by-laws, procedural rules and regulations and policies in accordance with the “Corporation Act”, this Constitution and the “By-law number-1” related to the “Conduct of Association’s Affairs”;

3)     Coordinate and oversee the activities of the Executive Council and the various committees and commissions appointed;

4)     Hire and fire, direct and oversee the activities of all the administrative staff;

5)     Approve the Association’s annual budget and plan of initiatives; and

6)     Approve the agenda of all the general meetings of the Association.

Section 4.08      The Executive Council (Presidium)

                          I.       

A.      The “Executive Council” shall be elected by the “Board of Directors” from amongst themselves for a period of three years as the highest executive authority.  It shall consist of six to seven Board members and three ex-officio (non-voting) members - the Chief Election and Regulation Commissioner, the Auditor General and the Executive Officer (the chief administrative officer).  The “Executive Council” elected at the first Board meeting immediately after the general election, shall execute and supervise the normal day to day affairs of the Association both collectively and individually at the pleasure of the “Board” as follows:

7)       The President

8)       The Vice-President

9)       The Secretary- General

10)   The Finance Director (in charge of Treasury and socio-economic affairs)

11)   The Director of Public Affairs (Internal educational and cultural affairs)

12)   The Director of External Relations (Immigration and settlement affairs)

13)   The Chief Election and Regulations Commissioner (An ex-officio member)

14)   The Chief Auditor General (An ex-officio member in charge of auditing and financial supervision), and

15)   The Executive Officer (The non-voting chief administrative officer)

B.      The Executive Council shall serve and meet regularly during the intervals between the Board meetings at least once a month. The minimum quorum for holding a meeting shall be at least three members present, excluding the ex-officio members.

C.      The Executive Council shall record and keep the minutes of all its meetings and actions taken which shall be presented to the Board of Directors at least once every three months. The Council may invite important personalities as its ex-officio non-voting members.

Section 4.09      The Election and Regulations Supervisory Commission

                          I.       

A.      The Election and Regulations Supervisory Commission shall have five members: three elected by the General Assembly and two delegated by the Board of Directors for a period of three years prior to election.  The three Elective Commissioners shall be elected by the General Assembly on rotation basis of electing one Commissioner at the Annual General Meeting prior to electing of the new Board members. The elected commissioners shall chose from amongst themselves a head as their Chief Commissioner.

B.      The Commission shall conduct the elections and supervise and monitor the process of elections and the implementation of the rules and regulations of the Association as specified in this constitution and the by-laws. The Commission shall meet at least once in three months or as the emergencies may require with a quorum of two elected commissioners present.

C.      The commissioners shall work with the Executive Council and the Board of Directors and report to the General Assembly.  They shall supervise and advise the Hiring and Monitoring of Performances Committee and shall have the right to attend any meeting of the Association as non-voting representatives of the General Assembly.

D.      As a judicial organ of the Association, the Election and Regulations Supervisory Commission shall have the power and responsibility to convene an emergency meeting of the General Assembly in case of a gross violation of the provision of this constitution and the by-laws or in case the Board of Directors fails to meet such a demand made by one-third Board members or ten percent of the Association members as formally presented through a resolution or a written petition submitted.  In such a case the Commission and Auditing Committee shall together take over the conduct of the affairs of the Association until the holding of an emergency meeting of the General Assembly within three months.

Section 4.10      The Auditing and Financial Supervision Committee

                          I.       

A.      The Auditing and Financial Supervision Committee shall consist of three auditors, which shall be elected by the General Assembly for three years on rotation basis of electing one Auditor at its every Annual General Body Meeting.  The elected Auditors shall choose from amongst themselves a head as Auditor-General or Chief Auditor.

B.      As the representatives of the General Assembly, the Auditors shall review and look into all the Association’s financial transactions including its income and expenditure and ensure due and proper use of the Association’s proceeds and assets independently or collectively.

C.      The Auditing and Financial Supervision Committee shall meet at least once every three months to review the manner of expenditure and the annual and semi-annual financial statements of the Association and report its assessment to the Board of Directors and to the Annual and Semi-annual Meetings of the General Assembly.  A quorum for a meeting shall be two auditors present or the Auditor-General himself shall have the powers in case of difficulties and absence of colleagues.

D.      The Auditors shall work and cooperate with the Executive Council and the Board of Directors in raising and managing of funds.  They shall have the right to supervise and advise the Finance and Fund-raising Committees and attend any meeting of the Association as ex-officio members.

Article V.         THE EXECUTIVE OFFICE-BEARERS

Section 5.01

A.      The Members of the high-power Executive Council or the Executive Directors shall, in their individual capacities, carry and conduct the normal affairs of the Association as follows:

1)       The President

2)       The Vice-President

3)       The Secretary- General

4)       The Finance Director

5)       The Director of Public Relations and Information

6)       The Director of External Relations and Settlement

Section 5.02   

A.      All the Executive Office-bearers shall be elected by the Board of Directors for a term of three years at their first sitting at the General Assembly meeting after the election of the new Board members. An executive office-bearer may be re-elected for more than one term of office.

Section 5.03   

A.      The executive office-bearers shall have specific rights, ranks, and privileges in the above ranking order, which shall be governed by the procedural rules and regulations specifically laid down in the Association’s by-laws passed by the Board and approved by the General Assembly.  During the temporary absence of an office-bearer, the next high-ranking office-bearer shall assume, exercise and perform all his or her powers and duties.

Section 5.04   The Powers and Duties of the Office Bearers

A.      The President (the chair person):

1)       The president shall be the head of the Association and the chairman of the General Assembly, the Board of Directors and the Executive Council and as the chief spokesman and representative of the General Assembly, he shall be the guardian of the ideals of the Association, the custodian of its constitution, and the protector of the rights and interests of its members.

2)       The President shall inaugurate and preside over the sessions of the General Assembly, the Board of Governors and the Executive Commission and shall summon, inaugurate and preside over the emergency meetings.

3)       The president shall sign and proclaim the enforcement of the by-laws, procedural rules and regulations, decisions and resolutions of the General Assembly, the Executive council, and Board of Directors.

4)       The president shall dissolve the Executive Council and order the election of a new Council within a week of the dissolution if a formal petition to that effect is submitted to him by two-thirds of Board members.

5)       The president shall act as the public spokesperson for the Association and represent the Association in public meetings and may delegate his or her powers and responsibilities to another member of the Association with a two-third approval of the Board members.

6)       The president shall appoint and accredit non-elected senior officials as the Association’s representatives and delegates to various meetings and foreign missions on the recommendations of the Executive Council and nominate candidates for elections to the Board at the annual general body meetings.

B.      The Vice-President:

1)       The Vice-president shall be the deputy chief executive of the Association, the Board of Directors and the Executive Council and shall preside over their meetings in the absence of the president.

2)       The Vice-president shall assist the President and shall enjoy all the powers and discharge all of duties and responsibilities in his or her absence, and

3)       The Vice-president shall have special powers and carry out specific duties and responsibilities, which may be specified by the Board of Directors. from time to time

C.      The Secretary General:

1)       The Secretary-General shall be the corporate clerk of the Board of Directors, the Executive Council, and the General Assembly of the Association.   He/she shall be responsible to prepare and recite the agenda and record all facts and minutes of their meetings in the special books maintained for that purpose

2)       The Secretary-General shall look after the secretariat of the Association and shall be responsible for the maintenance and preservation of all the records of the activities of the Association.  He/she shall be the custodian of the corporate seal of the Association and of all books, papers, records, correspondence, and documents of the Association. All major correspondence of the Association shall be carried out in the name of the Secretary-General

3)       The Secretary-General shall be responsible for the preparation, legislation and implementation of the Association’s various by-laws and procedural rules and regulations required for proper and efficient conduct and management of the organizational, financial and administrative activities, which shall be properly brought up, legislated and enforced.

4)       The Secretary-General shall look after the legal and constitutional aspects of the activities of the Association and shall monitor and examine the performances to ensure a satisfactory speedy and conducive progress and achievement of the set goals and targets.  He/she shall look after the raising, training, and recruitment of the administrative and clerical personnel of the Association.

5)       The Secretary-General shall discharge and direct the day-to-day ordinary affairs of the Association and shall create better conditions for the improvement and efficient performances of the affairs and functions of the Association.  He/she shall carry out such other powers and duties, which may be assigned to him by the Board or the Executive Council.

6)       The Secretary-General shall be the convener of all the meetings and shall issue notices for the holding of the meetings as and when the Executive Council and the Board of Directors decide.  He shall serve as the Chief Secretary of the Executive Council, the Board of Directors, and the General Assembly.

D.      The Finance Director (Treasurer):

1)       The Director of Finance (the treasurer) shall maintain full and accurate accounts of all receipts and disbursements of the Association in proper books of account and shall ensure proper and safe deposit of all the funds or other valuable effects in the name and credit of the Association in a bank (or banks) from time to time as specified by the Board or the Executive Council.

2)       As the treasurer of the Association the Director of Finance shall be responsible for all the financial transactions and the financial position of the Association.  He/she shall cooperate with the auditors of the Association during any auditing of the accounts, and perform other duties from time to time as may be prescribed by the Executive Council or the Board of Directors.  Specifically he/she shall:

a)       Act as the chairperson of the treasury and the committees of Finance and Fundraising and preside over all meetings.

b)       Prepare or supervise the preparation of financial statements and such reports with respect to the financial position of the Association as may be required from time to time by the Board or the Executive Council;

c)       Prepare, in consultation with the Executive Officer an annual budget for submission to the Board and General Assembly;  and

d)       Direct, assist and supervise the Executive Officer in any financial documentation necessary in connection with applications for grants or other fundraising for the Association.

E.      The Director of Public Relations and Information

1)       The Director of Public Relations and Information shall organize, co-ordinate, and supervise the Association’s public relations, socio-cultural and educational activities in an effective productive manner.  He/she shall provide and arrange for better means of cultural development and effective educational and job-training facilities.

2)       The Director shall make provision and arrange for the cultivation, maintenance, and development of fruitful links and relations of co-operation and friendship among the Association members and other Pashtun scholars and institutions serving the cause of Pashtun cultural development. He/she shall provide and arrange for the successful holding of debates, seminars and conferences of scholars, experts and writers to address and tackle the issues and problems of development.

3)       The Director shall make special arrangements for recruiting and training of the required educational and academic staff, including teachers, research trainees and assistants.  He/she shall arrange, direct and supervise the various educational and job-training programs of the Association.

4)       The Director shall provide arrangements for awards of honors, distinctions, scholarships, assistantships, grants, prizes, medals, etc to encourage, appreciate and recognize achievements and contributions to the Association’s cause and ensure a further promotion and development of such services and contributions.

5)       The Director shall make special constitutional provisions and arrangements for the establishment and development of: (i) a well equipped Education and Job-Learning Center ; (ii) a Library-cum-Documentation Facility; and (iii) certain mass-informational enterprises such as De Pashtuno Ghazh (The Pashtun Voice) Radio and De Pashtuno Ghazh-Chera (The Pashtun Voice & Picture) TV broadcasting programs.

6)       The Director shall make and supervise provisions and arrangements for the successful publication and distribution of the Association’s monthly and quarterly publications such as De Pashtun Zeray (or Pashtunwalee), The Pashtun Cultural Review, and others in the Pashto and English languages.

7)       The Director shall be responsible for the sale and proper and efficient distribution of the Association’s products such as audio and video materials, books, journals, and all other publications produced or sponsored by Association.  He/she shall look after the production, translation, compilation, editing and publication of the publicity materials, films, cassettes, CDs, books, handouts and other such products.

F.      The Director of External Relations and Settlement Services

1)       The Director of External Relations and Settlement Affairs shall be responsible for Association’s developmental socio-economic activities, immigration and settlement affairs and external contacts for procurement of funds, grants and other forms of assistance and cooperation.

2)       The Director shall establish and maintain fruitful contacts and links with potential governmental and non-government philanthropic organizations for acquisition of funds and other forms of assistance for the materialization of the Association’s various developmental projects envisaged.

3)       The Director shall develop and maintain fruitful relations of co-operation and friendship with Canadian and non-Canadian Pashtun scholars, dignitaries and institutions all over the world, particularly those committed to the cause of Pashtun socio-cultural development. He/she shall organize and supervise the successful holding of international seminars and conferences to that effect.

4)       The Director shall make provision and arrangements for seeking and securing the assistance and co-operation of various philanthropic national and international organizations and institutions, as well as of potential personalities, in the promotion of the Association’s objectives.

5)       The Director shall be responsible for the procurement and proper maintenance of the necessary informational, educational and research materials, documents, manuscripts, books, journals etc from various external sources.

Article VI.        ADMINISTRATION

Section 6.01      Standing Committees and Commissions

                          I.       

A.      The Board of Directors shall appoint a number of standing and ad hoc committees and commissions for the purpose of effective implementation and realization of the goals and objectives of the Association which at present they shall be as follows:

1)       The Committee for Information and Socio-cultural Development

2)       The Committee for Education and Job Training Affairs

3)       The Committee for Immigration and Settlement Services

4)       The Committee for Women and Child Care Development

5)       The Committee for Scholars and Elders’ Welfare” (In charge of socio-religious and cultural services such as national festivals, social and religious ceremonies, births, marriages, burials and management of family conflicts)

6)       The Committee for Youths and Youth Activities (dealing with development of arts and music, sports, shows and recreation facilities)

7)       The Committee of Membership and Sponsorship (dealing with membership and family reunification)

8)       The Committee of Hiring and Monitoring of Performances, and

9)       The Committee for Finance and Fund Raising

B.      The Board or the Executive Council shall also appoint various ad hoc and advisory committees and commissions for various other necessary purposes.

Section 6.02      Administrative Staff

                          I.       

The Board of Directors shall appoint a salaried Executive Officer as the chief administrator officer and a number of salaried administrative officers who shall perform various duties and services under the direction and supervision of the Executive Council.

A.      The Executive Officer:

The Executive Officer shall be responsible for coordination and supervision of all the daily operations of the affairs of the Association, including supervising the daily activities of all the administrative staff.  Subject to the direction of the Executive Council, he/she shall:

1)       Establish and maintain fruitful contacts with relevant immigration and settlement agencies for guidance and cooperation;

2)       Establish and maintain effective contacts with potential aid-granting government departments, co-operative agencies and prepare all the necessary documentation of applications for grants, funds, and other forms of assistance;

3)       Attend the meetings of the Executive Council and the Board as required;

4)       Supervise the maintenance of the premises of the Association;

5)       Assist the Secretary-General in maintaining, at all times, all minutes, referral documents and current lists of the names and addresses of all members of the Association and its governing bodies;

6)       Coordinate the sending of notices of all the general meetings and other public functions of the Association;

7)       Maintain continuous contact with the immigration authorities and remain current with sponsorship situation and the status of new arrivals;

8)       Make all necessary preparations for meetings of members and other public functions of the Association,

9)       Assist the Director of Finance in the preparation and submission to the Board financial statement and annual budget;

10)   Coordinate the provision of settlement and referral services to Pashtun Canadians and immigrants;

11)   assist the elected executive bodies and the various standing and ad hoc committees in carrying out their respective duties; and direct and supervise the administrative staff and develop proper office procedures and lines of duties for the responsible and efficient conduct of their activities

B.      Other Administrative Office-bearers:

1)       The Board of Directors

Shall appoint a necessary number of salaried administrative staff and other officers and agents who shall have the authority and powers to perform various duties from time to time as may be prescribed by the Board.  The Board may also remove, at its pleasure, any such officer or agent of the Association.

2)       The administrative staff

Shall carry out their duties under the direction and supervision of the Executive Officer and in accordance with the administrative rules and procedures.  For the present the administrative staff shall consist of the following administrative office-bearers:

a)       The Executive Officer

b)       The Information and Public Relations Officer (Counselor)

c)       The Immigration and Settlement Officer (Counselor)

d)       The Education and Job Training Officer (Counselor)

e)       The Socio-Cultural Services Officer (Counselor)

Article VII.        CONDUCT OF AFFAIRS

Section 7.01      System of Elections

         I.      The General Assembly shall annually elect from amongst its members five to seven new Board Members, an Election Commissioner and an Auditor for a three-year term of office as new additions to the respective Board of Directors, the Election and Regulation Supervisory Commission, and the Auditing and Financial Supervision Committee to form a rotation system resulting in continued leadership, skillful experiences, and broader participation and democratization.

         II.      The term of the office of each elected executive shall expire at the conclusion of the annual meeting of the General Assembly held during the third year office term of such an executive or on a date his/her successor is elected.  An executive shall be eligible for re-election within limits specified in the by-laws.

Section 7.02      Candidature and Nomination

         I.      Candidates for the Board of Directors shall reveal their intentions and policy objectives in written to the Secretary-General for clearance, notification, and publication at least a month prior to the date set for elections and annual general body meeting.

         II.     Clearly qualified members may nominate themselves or other qualified members as candidates for the Board membership during the session of the General Assembly itself if the circumstances and the membership strength allow to do so.  Such nominations by members must be supported by an earlier notice of intention and clearance obtained from the Secretary-General in advance of the voting process.

         III.    To be eligible for election or re-election, candidates must have been members in good standing of the Association for a period of at least two years prior to nomination.  They must have fulfilled their obligations and have attended at least one half of the general body meetings during the two years period.

         IV.    The elected Board members shall have the right to nominate themselves for an executive office at the annual meeting by introducing themselves and their policy objectives by means of a brief speech to the General Assembly prior to the election and designation of the executive office-bearers by the new Board of Directors.

         V.      The election of candidates to any position or office shall be held by secret ballot.

Section 7.03      The Conduct and Supervision of the Elections

          I.      The process of elections shall be conducted and supervised by the Election and Regulation Supervisory Commission.  No member of the Commission shall stand for election to any executive office during tenure of his/her office.

          II.     A candidate running for Board membership or an executive office shall have the right to appoint a representative for the purposes of observing the voting and counting procedures. Votes cast in favor of a withdrawing candidate shall not be transferable to any other candidate. In case of an equality of votes, the Chief Election Commissioner shall cast a deciding vote.

          III.   Following the voting process and confirmation of the results by the Election and Regulations Supervisory Commission, the elected directors and the old serving Board members shall set together and elect the Executive Council from amongst themselves and participate in the swearing-in ceremony.

          IV.   Following the election of the Executive Council and designation of its office-bearers, the Chief Commissioner of Election shall confirm the election results and administer an oath of office to the newly elected members of the Executive Council and the Board of Directors collectively in the following affirming words:

“ We, who have been entrusted by fellow members of the Association to carry out the executive responsibilities of the Association as directors, swear in the name of Almighty Allah that we shall, to the best of our ability, serve and uphold the principles enshrined in the letters patent and the by-laws of the Association in accordance with the tenets of Islam, Pashtunwali and a lack of prejudice and indifference.  We shall carry out our duties conscientiously and defend the spirit of the letters patent and by-laws and shall not indulge in activities detrimental to the interest and prestige of the Canadian Pashtun Cultural Association.”

Section 7.04      Meetings and Voting Procedures

                           I.      Holding of Meetings:

A.      Meetings of the Board, the Executive Council and other governing committees and commissions may be held at any place within or outside Ontario , as designated in the notice calling the meeting. The meetings shall be called by the president, vice-president, secretary or any two members of the concerned governing bodies (organs), independently or through the office of Association.  Subject to the provisions of the Corporation Act and consent of the Board of Directors, a meeting of directors or a committee may be held by means of such telephonic, electronic or other mode of communication that shall allow all participating members to communicate with each other simultaneously and instantaneously. A participant of the meeting communicating by such means shall be deemed to be present at the meeting.

                         II.      Regular Meetings:

A.      The Executive Council, the Board of Directors and other governing bodies shall set weekly, monthly, and quarterly fixed dates and timings for holding their regular meetings without the need of giving a further notice.  The first working meeting of Board of Directors shall be held within seven (7) days after the election to define and assign line of duties and responsibilities of the members of the Executive Council, appoint various advisory committees and choose advisors and the heads and secretaries of the standing committees.  

B.      The Executive Council shall hold its first meeting within seven (7) days following the first Board meeting to set the agenda for the transaction of the day-to-day business of the Association. The meetings shall be chaired and conductively organized by the president of the concerned organ or in  his/her absence by the vice-president or the secretary.

                        III.      Emergency Meeting:

A.      An emergency meeting of the General Assembly shall be convened within sixty days if one-third Board members pass a resolution demanding the convening of such a meeting or one-tenth (ten percent) members demand such a meeting through a written petition formally submitted to the President.

                      IV.      Notices:

A.      Notices of meetings shall be delivered, mailed or telephoned to each member not less than seven (7) days in advance of holding the meeting. In case of an emergency or urgency, a notice shall be delivered by any possible means not less than one (1) day in advance of holding the meeting.  Inability to contact a member under such circumstances shall not invalidate such a notice.  A statutory Declaration by a concerned presiding officer shall be sufficient and conclusive evidence of the giving of such notice.  Not formal notice of a meeting shall be required if all the concerned members are present or those absent have signed their consent to hold the meeting in their absence.

                        V.      Voting:

A.      Questions arising at any meeting of Association shall be decided by a majority vote. Questions shall be decided by a show of hands unless a poll on the question is recommended by the chairperson or requested by a member.  In a matter of dispute passing of a clearly defined resolution shall be required for an entry to that effect in the minutes as conclusive evidence of the fact in favor or against the disputed matter.  Equality of votes shall be decided by an additional vote of the chairperson.

Section 7.05      Removal and Resignation

                           I.      Removal or dismissal of an executive official from an office or a position or the expulsion of a member from a seat or position shall require the existence of valid grounds such as treachery, breach of trust, violation of provision of the by-laws, rules and regulations, abuse of power, embezzlement of funds, disrespect and indifference to one’s duties and responsibilities, etc.

                         II.      Such grave acts as mentioned above, shall if committed deliberately be deemed to constitute a serious offence and the betrayal of the cause of the Association, which if substantiated in the form of a Board resolution, shall not only call for dismissal and expulsion but also for legal proceedings.

                        III.      The president or any other executive official of the Association shall be removed by a resolution passed by two-thirds Board members and approved by the General Assembly subsequently.  If the President or an executive official is so removed, the Vice-president or Secretary-General shall assume all his/her powers and duties until the Board elects the successor within a month from the date of removal.

                      IV.      The Board of Directors shall dissolve the Executive Council if two-thirds of Board members pass a resolution to that effect.  The President shall then take over the powers and responsibilities of the Executive Council until the election of a new Executive Council by the Board of Directors within a month from the date of dissolution.

                        V.      A member of the Executive Council shall be dismissible on charges of inefficiency, incapability, irregularity, misconduct, etc. by a majority vote of Board of Directors on the recommendation of the Executive Council and ratification by the General Assembly subsequently.

                      VI.      Appointment, reshuffle, replacement, dismissal, and expulsion of senior executive officials, ordinary officers and members of Association shall be within the jurisdiction of the Board of Directors.

                     VII.      The resignation of the President or any other member of the Executive Council and the Board of Directors or a member of Association shall be accepted by the Board of Directors after being formally received or submitted to the Secretary General.

                   VIII.      In case of a vacancy or vacancies in the Board, the Board of Directors shall elect a well- qualified member of Association to fill up the vacancy subject to ratification by a majority vote of the General Assembly.

                       IX.      In case of non-existence of quorum for meeting of the Board of Directors, the remaining Board members shall forthwith call an emergency meeting of the General Assembly to fill up the vacancies.

                         X.      Any member of the elected executive bodies, who fails to attend more than three successive meetings without justified notification, shall be deemed to have resigned.

Section 7.06      MISCELLANEOUS

                           I.      The Concluding Procedures:

A.      At the conclusion of the 3-year term of office of the first group of 9 to 11 Board members, the General Assembly shall, henceforth, elect only an equal number of five to seven Board members who with the remaining serving Board members shall form the succeeding new Board of Directors. The new Board, consisting of both the old and the newly elected members, shall sit together and elect from amongst themselves the succeeding Executive Council to be sworn in before the General Assembly which shall continue to remain in session for the concluding swearing ceremony.

B.      The founding General Assembly shall elect and designate the first Chief Commissioner of the Election and Regulations Supervisory Commission and the first Auditor-General of the Auditing and Financial Supervision Committee, who shall seek, at their discretion, the assistance of any member until the election of their successors at the succeeding annual general meetings.

C.      Subject to the provision of the Corporation Act and this constitution, the first founding General Assembly which may be held in May of 2002, shall adopt this constitution and accordingly elect the first 9 to11 member Board of Directors and designate its Executive Council consisting of the six executive office-bearers from amongst the elected Board members for a three year term.

D.      The succeeding Executive Council shall be elected by the succeeding Board of Directors at end of the three years office term of the first group of 9 to 11 directors from amongst the serving and the newly elected directors at their first sitting at the General Assembly meeting immediately after their election.

E.      Under changing circumstances affected by membership increase  and inconveniences caused by various factors, the election process and gathering of the General Assembly shall take place separately on the same date as may be properly arranged by the Election and Regulations Supervisory Commission.  Under such circumstances the election process of casting votes may start in the morning and end with counting of votes at the General Assembly meeting held in the evening for the ceremonial conclusion of the election.

F.      The provision of this constitution, specially the membership and nomination qualifications shall not inclusively apply inclusively to the first founding General Assembly and the election of the executive office-bearers due to the unfavorable circumstances and lack of proper arrangements.

G.     As this constitution provides a long-term infrastructure for a pragmatic systematic achievement of the set goals and objectives, the Association’s organizational structure shall begin and develop in a manner determined by the changing circumstances and the resources available from time to time.  Therefore, a short simplified version of this constitution, containing only portions relevant to public, shall be necessary for an effective understanding and awareness of the vast majority of members at the initial unfamiliar stage.

Section 7.08      Remuneration of the Executives

                           I.      The elected executives - the members of the Board and Executive Council, the Election Commissioners, and Auditors shall serve without remuneration.  No executive shall directly or indirectly receive any profits from his/her position as such. They may be paid reasonable expenses incurred by them in the performance of their duties. The President and other members of the Executive Council may be paid such reasonable remuneration for their extra services to the Association as may be determined proportionately by the Board from time to time.

Section 7.09      Execution of Documents

                           I.      Execution of the Association’s documents shall be carried out in a manner specified in the by-law number-1 related to the conduct of the Association’s affairs.

Section 7.10      Amendments and Framing of the By-laws

                           I.      Any proposal for amendment of this Constitution or a By-law of the Association shall require the recommendations of the Board of Directors and the approval of the General Assembly through normal or extraordinary meetings.

                         II.      The Board of Directors shall subsequently frame and adopt various by-laws for the proper conduct of the affairs of Association and procedural administrative rules and regulations for effective and harmonious management of the various activities of the Association, which shall require the approval of the General Assembly.

                        III.      The Board of Directors shall frame and adopt special by-laws for the establishment of De Pashtani Shazo Tolana (The Pashtun Women Organization), De Pashtano Mashrano Tolana (The Pashtun Elders Organization) and De Pashtano Zalmo Tolana (The Pashtun Youth Organization).

                      IV.      The Board of Directors shall fame and adopt a by-law for the award of medals and honors for recognition of distinguished services and contributions made to the cause of Pashtun cultural development.  Such awards may include the special honors of De Pashtano Attal, (The Hero of Pashtuns), De Pashtano Lmar (The Sun of Pashtuns), De Pashtano Storay ( The Star of Pashtuns), and medals(Nishans) of Peer Bayazid Roshan, Baba Khushal Khan, Ahmad Shah Baba, Mirwais Nika, Baba Fahkri Afghan Bacha Khan and other Wertya (Ability) medals of distinction.

Section 7.11      Mobilization and Management of Funds

                           I.      The funds of the Association shall derive primarily from the registration and regular membership fees, contributions by founders, and regular discretionary donations by ordinary patron members (as prescribed in the membership fees)

                         II.      The Association shall receive regular assistance, grants and donations in cash or in kind from the various Canadian federal and provincial government departments, philanthropic organizations and from institutions and individuals committed to the cause of human advancement, and shall apply for the same.

                        III.      The Association shall receive regular income from fixed investments of donated funds and grants invested in banks and other financial institutions.

                      IV.      The Association shall receive income generated from performance of services in its fields of competence, publications, etc.

                        V.      The Association shall initiate, organize, and launch fundraising measures such as entertainment dinners, film festivals, charity films shows, cultural evenings, artistic and musical performances, publications, production and sale of artistic audio-video materials, fancy calendars, diaries, greeting cards, general knowledge books, decoration pieces, souvenirs, etc. The Board of Directors shall appoint a special fund-raising committee to mobilize and raise funds for the initial budgetary input of the Association by such measures as are mentioned above, as well as by various other legitimate means.  The Auditor-General shall be a member of this committee to check and ensure proper collection of such funds.

                      VI.      Membership fees, dues, contributions, donations, grants, and other forms of income shall be received and maintained by the Finance Department against valid prescribed papers, documents, requisition forms, bills, etc., accompanied and supported by recorded receipts given or dispatched procedurally.

                     VII.      All the financial accounts and the funds and the raised or received funds shall be publicly declared and maintained with a bank or banks open for governmental inspection and public inquiry and verification by members in a manner specified by the Corporation Act and the Association’s by-laws.

Section 7.12      Enactment and Enforcement of the Constitution

This is constitution of the Canadian Pashtun Cultural Association, being drafted by:

                           I.      a five-member elected constitution drafting committee and confirmed by the elected provisional Board of Directors, was confirmed and approved and enacted by the unanimous affirmative vote of all members entitled to vote at the first founding meeting of the General Assembly at the City of Toronto in the Municipality of Greater Toronto with a quorum of over (three hundred members) present on the eleventh of May, the year 2002.

                         II.      Consequently in accordance with the provision of the constitution approved and enacted, elections were conducted and a 11- member Board of Directors, a 6-member Executive Council (elected out of the board members), a Chief Commissioner of Election and Regulations, an Auditor-General, and seven senior advisors were elected as the first founding executive office-bearers of the Canadian Pashtun Cultural Association.

                        III.      Names and signatures of the Constitution Drafting Committee, the Provisional Board of Directors, the constitutionally elected 11-member Board of Directors, the 6-member Executive Council, the Chief Commissioner of Election and Regulations, the Auditor-General, and seven senior advisors are published from time to time when changes occur.

 

 

Article I.        PREAMBLE

We, the Pashtuns (sometimes written as Pashtoons, Pakhtoons, Pukhtuns or with similar sounding words) Canadian citizens, immigrants and refugees, have solemnly resolved to constitute ourselves into a socio-cultural association for the lofty and sacred mission of encouraging and promoting the much neglected but highly significant cause of uniting and organizing ourselves as a well-organized dynamic socio-cultural group for ensuring our cultural identity and welfare in Canada and successful integration into the Canadian society as good citizens.

The Association, with this avowedly lofty humanitarian ideal of serving and promoting the manifold cause of the deeply backward and culturally shattered Canadian Pashtuns in Canada, shall function and be institutionalized as a non-profit socio-cultural society called “ The Canadian Pashtun Cultural Association” and “ De Canada Pashtano Keltoori Tolana” in Pashto, the national and international language of the Pashtuns.

The Association thus designated shall be formed, staffed, run and governed by self-sacrificing Pashtun Canadian citizens and landed immigrants hailing from all over Pashtunkhwa -Afghanistan and NWFP and Baluchistan provinces of Pakistan, and elsewhere who are committed to the sacred objective of advocating, serving, and promoting the socio- cultural, and educational needs and well-being of the Canadian Pashtuns and their just struggle for cultural identity, liberty, security, social justice, equality, dignity, democratic rights, progress, and human betterment.

The Association shall endeavor to gather and exchange information on the Pashtuns and their shattered culture and seek to study and explore their manifold problems in all spheres of life with a view to inculcating and disseminating its proper awareness and understanding for a needful amelioration and settlement in their larger interest and well-being as well as the Canadian society at large.  For, in our view, the continuing neglect of the Pashtun cause, specially the lamentable want of socio-cultural facilities and lack of proper cultural-oriented education, language learning and job training in the Canadian Pashtun community have tended to affect, limit, and undermine their options, adding to the aggravation of their manifold problems, isolation, alienation and lack of successful participation, contribution and integration into the Canadian society.

We believe that the lofty goals and ideals of the Association could and should be realized through the joint and co-operative efforts, goodwill and moral and material support and contributions of all the committed Canadian Pashtuns, as well as the direct and indirect support, co-operation, participation, resources, and contributions of all the various Canadian federal and provincial government departments, philanthropic organizations, humanitarian institutions, and the truly committed sections of the larger Canadian society.

We are confident that the “Canadian Pashtun Cultural Association” would make a great contribution to the great Canadian society, especially in the multicultural and socio-economic spheres towards the lofty Canadian international cause and ideals of social justice, democracy, liberty, understanding and goodwill for ensuring a just society and sustainable order of international peace, progress, and prosperity.

The registered office or the headquarters of the Association shall be situated in Toronto , the capital city of Ontario .  Branches and agencies of the Association shall be located wherever deemed most necessary for the expanding activities of the Association.  At present and for some time to come, the office of the Association shall be located at:
4051 Midhurst Lane , Mississauga . ON, L4Z 1C8 Canada

Article II.     OBJECTIVES OF THE ASSOCIATION

Section 2.01                       General Objectives

(a)                  To promote and uphold: a) Fundamentals of Democracy, b) Human Rights, c) Equality and d) the Rule of Laws

(b)                 To promote the highest standards of citizenship among the Pashtun Canadians and encourage and foster the spirit of multiculturalism and cultural respect in the Canadian Society

(c)                 To promote the spirit of tolerance, moderation and liberalization in words and deeds and thus discourage authoritarianism and extremism in all forms

(d)                To promote the equality of men and women and enhance the status of Canadian Pashtun women and children

(e)                To support and promote democratic values and develop behavioral democratization among Canadians and immigrants of Pashtun origin

Section 2.02                       Specific Objectives

(a)            To restore, preserve and promote Pashtun Islamic and Cultural values as enshrined in the Pashtunwali and the Pashto Language among Canadian Pashtuns and thus make a positive contribution to Canada ’s cultural mosaic

(b)            To initiate, gather and promote efforts aimed at fostering co-operation among Canadian Pashtun individuals, groups and organizations across Canada and co-ordinate and unite their efforts towards preservation and promotion of Pashtun Islamic and Cultural Heritage and the Pashto Language

(c)            To support and espouse the rights and legitimate interest of the Pashtun Canadians, immigrants and refugees and act in matters affecting their rights and status in Canada

(d)             To help, attend and serve the Immigration and Settlement needs of the Pashtun New Comers and others in need and assist in efforts aimed at solving their problems and improving their socio-economic and cultural conditions and facilitating their integration into the Canadian society

(e)             To assist Pashtun Canadians, immigrants and refugees in their efforts of family reunification and prosperous resettlement in Canada

(f)              To provide a center or focal point for Pashtun Canadians and immigrants to co-ordinate and channel their collective efforts in promoting their cultural identity and socio-economic well being through collaboration and united action.

(g)            To provide necessary care for Canadian Pashtun elders and handicaps and assist in satisfying their special needs and provide them with congregational facilities for rehabilitation, recreation and deliberation of socio-cultural functions and ceremonies.

(h)            To encourage, co-ordinate and promote the collective efforts of the Canadian Pashtun youths to develop their capabilities and maintain the highest standard of moral well-being and citizenship as embodied in the Pashtun Islamic and cultural heritage of Pashtunwali- the Pashtun code of honor.

(i)              To protect, preserve and promote Canadian Pashtun cultural identity and the Pashto language by propagating of Pashtun cultural values and establishing and maintaining of educational, training and informational facilities such as day care centers, language learning courses, and mass media communication means.

(j)              To establish, maintain and conduct orientation classes, lectures, seminars and courses of learning English as Second Language, Canadian Laws and Canadian Citizenship, and Job Training for the Pashtun elders, seniors, handicaps and newcomers.

(k)             To provide and maintain socio-religious facilities for birth, marriage and burial ceremonies in accordance with the Pashtun Islamic and cultural traditions.

(l)              To cooperate and strengthen bonds of friendship with other Pashtun organizations and VIPs advocating similar objectives or serving the cause of Pashtun culture and language in Canada , North America or elsewhere.

(m)           To gather, prepare, edit, translate into Pashto and publish the basic First Aid materials on the Pashtun history, culture and language, the Canadian history, culture, laws, and citizenship, life and job skills, business initiatives and other direly needed information and knowledge required for socio-economic and cultural development and successful integration into the Canadian society.

(n)             To establish and maintain a well-equipped office for the headquarter of the Association, a spacious congregational and conference hall, a library-cum-information- documentation center, a recreational exhibition place, a day care center, a refugee rehabilitation facility, a mosque, a burial cemetery, a residential Pashtun Kelay (village) and an educational and information center for research and studies of learning job skills, culture, language and other necessary developmental disciplines.

(o)             To actively support the efforts of the people of Pashtunkhwa in establishing a just democratic society where peace, justice, the rule of law and order and the respect for human rights and principals of “Democracy” are upheld.

Article III.   MEMBERSHIP

Section 3.01                       Qualifications

   (a)        The Membership of the Association shall be obtainable by payment of the prescribed registration and annual membership fees and signing up of an undertaking application-cum bio- data form subject to the following qualifications:

                  (i)     Be a Canadian citizen or permanent resident of Canada with over sixteen years of age.

                  (ii)     Be a person of Pashtun origin or a husband or wife of such person, regardless of national origin.

                  (iii)     Agree and confirm with the Association’s objectives and membership responsibilities in writing through a prescribed membership undertaking form.

                  (iv)     Not be implicated in war crimes or any criminal act against the vital national interest and ideals of the Pashtun nation.

                  (v)     Submit a properly completed form of application as dully recommended and signed by two good- standing members of the Association.

 (b)                The qualifications of the Association’s elected executive and appointed senior administrative officials shall necessarily include at least:  a) 2-year of residence in Canada; b) a certificate of high school education;  c) language skills of better oral and written communication in both the English and Pashto languages;  d) sufficient knowledge of Pashtun history, culture and national norms of social behavior as embodied in Pashto ( the Pashtun laws of social justice), and Pashtunwalee (the Pashtun code of national honor);  and  e) clearance by the Committee of Hiring and Monitoring of Performances.

Section 3.02                        Types of Membership

The Association’s membership shall consist of three categories of the Permanent (regular) members, the Honorary Members, and the Patron members.

(a)                                                  Permanent Membership:

                     (i)   Any Canadian citizen and landed immigrants of Pashtun origin who fulfils the qualifications and pays the prescribed registration and annual registration fees, shall have the honor of being life time permanent members of the Association.  They shall enjoy their permanent voting right as long as they are able to pay their fees and fulfill their obligations.

           (              (ii)   All the signatories of this Memorandum who have paid the prescribed Registration and Annual Membership fees shall be the lifetime Permanent Members of the Association.

(b)                                                 Honorary Membership:

                     (i)   The Executive Council may invite imminent Pashtun scholars, writers and other influential personalities interested in the promotion of the cause and ideals of the Association or those who have made outstanding contribution to Pashtun cultural cause or are likely to make such contribution as Honorary Members subject to the approval by the Board of Directors.

                             (ii)   A distinguished Honorary Member shall be bestowed the status of Permanent Membership if his/her services and contributions to the Pashtun cause are found to be exceptional or extraordinary subject to approval of the Board of Directors.

(c)                                                  Patron Membership

                             (i)   Any humanitarian organization or an individual of a sound and reliable character who is distinguished for his /her spirit of dedication to the common ideals of human advancement and betterment can and shall have the opportunity and privilege of contributing philanthropically to the cause of Association as Patron Members.

                             (ii)   Patron Members shall be of two categories: the occasional donors and the permanent contributors.  Permanent Patrons or the regular contributors and major donors shall have same rights and privileges as other members except the right of voting in the elections.

Section 3.03                       Mode of Acquiring Membership

(a)                Membership of the Association shall be obtainable by filling and signing up the Application and Membership Undertaking Form attached with a printed copy of the Constitution of the Association and by paying of the prescribed registration and annual membership fees.

(b)                Membership shall be granted or refused to a candidate after due consideration of his/her membership application form followed by the release of an intimation letter of refusal or admission with “Membership Identity Card” by the Secretary-General.  Non-receipt of an intimation letter within a reasonable period of time shall mean misplacement of the Application Form, which the candidate concerned, shall have the right to be looked into.

Section 3.04                       Membership Fees:

(a)                All Permanent Members shall pay twenty ($ 20) Canadian dollars or it’s equivalent as one-time Registration Fee at the time of submitting application.

(b)                 All members of the Association shall pay a flat annual contribution of sixty ($ 60) Canadian dollars or its equivalent as Annual Membership Fee, payable annually, half-yearly, or quarterly as convenient.

(c)                Permanent Patrons excluding donors shall have the honor and privilege of making regular discretionary contributions in addition to their normal membership fees, payable separately or together with membership fees in a lump sum or in installments as feasible and convenient.

(d)                Membership fees, regular contributions by patrons, and voluntary donations shall be receivable in the name of the Association against prescribed demand bills and receipts given or dispatched formally.

(e)                 Membership fees for periods longer than a year can also be accepted in advance for the sake of convenience and with a view to easing the initial financial hardships faced by the Association.

Section 3.05                       Rights and Privileges of Members

(a)                 All members, including honorary members, permanent patrons and major donors, shall have the right to vote and participate in all the decision-making deliberations of the General Assembly excluding the election of Board of Directors.  Honorary members, Patrons and occasional donors shall not have the right to vote in the election of the executives but can participate in the meetings as observers.

(b)                 All members of the Association, including the patrons and major donors, shall be entitled to receive all the benefits and services generated and all the products and publications brought up and produced by the Association.

(c)                 All the members shall have their inalienable right of lawful protection by the Association including the right of defending their legitimate interests.

Section 3.06                       Revocation and Termination of Membership:

(a)                 A member of the Association shall be expelled by a two-third vote of the Board of Directors for willfully engaging in an activity or conduct which, in the opinion of the Board, is contrary to the objectives of the Association or is detrimental to its vital interests.

(b)                 A membership in the Association shall automatically terminate if a member 1) dies;  2) is expelled;  3) resigns in writing; or 4) fails to pay his/her annual membership fees for more than three months from the due payable date.

(c)                A terminated membership or an expelled member in good standing shall be reinstated by a two-third vote of the Board of Directors and final approval by the General Assembly.

(d)                Members of the Association shall not be accountable or responsible for any act, default, loss, injury, transaction, matter or anything related to the conduct or running of the affairs of the Association.

Article IV. ORGANISATION

The Canadian Pashtun Cultural Association shall have the following high-power decision-making authoritative bodies:

Section 4.01                                    The General Assembly (The general body meeting of all members)

Section 4.02                                    The Board of Directors (the elected body of decision and by-law makers)

Section 4.03                                    The Executive Council (the elected executive body of Board representatives)

Section 4.04                                    The Election and Regulation Supervisory Commission (an elected body)

Section 4.05                                    The Auditing and Financial Supervision Committee (an elected body)

Section 4.06                       The General Assembly:

(a)                The General Assembly shall be the supreme legislative authority of the Association.  It shall delegate high executive and supervisory powers to the Board of Directors and the Executive Council of the Association.

(b)                The General Assembly shall consist of all the members of the Association including the honorary members, patrons and the representatives nominated or selected by the major donors.  Where the number of individual patrons and donors exceeds the constitutionally specified limit of one-third membership strength, a fixed membership quota with a pattern of representation for patrons and donors shall be specified in the by-laws of conduct of the Association’s affairs.

(c)                 The General Assembly shall consider, decide and pass the annual reports, budgets and plans of future expanding activities and any other important business which shall be properly brought up and presented by the Board of Directors, the Election and Regulations Supervisory Commission, and the Auditing and Financial Supervision Committee.

(d)                 The General Assembly shall elect from amongst its members five to seven new Board Members to the Board of Directors, an Election Commissioner and an Auditor to the respective Election and Regulation Supervisory Commission and the Auditing and Financial Supervision Committee at its Annual General Meeting for a period of three years.

(e)                The General Assembly shall give due consideration to a proportionate all inclusive representation of electing an equal number of Bar and Lar Pashtuns to the Board of Directors, and other elected body in order to fully represent all parts of the Loya (Great) Pashtunkhwa, consisting of the Bara (Upper) Pashtunkhwa or Afghanistan, and the Kooza (Lower) Pashtunkhwa, the two North West Frontier and Baluchistan provinces in Pakistan.

(f)                   The General Assembly shall meet at least twice a year, annually and semi-annually, on such date and at such place within Ontario as the Board of Directors may decide.  Notice for an annual, semi-annual (six-monthly) and emergency meeting of the General Assembly shall be issued at least two months in advance

Section 4.07                       The Board of Directors:

(a)                  The Board of Directors shall be the highest decision making executive organ of the Association which shall be elected by the General Assembly at its Annual General Body Meetings from amongst its members for a period of three years on rotation bases of electing a group of five to seven directors annually. The Board shall consist of not less than seven members and not more than twenty-one including the Executive Directors.

(b)                 The Board of Directors shall elect an Executive Council of not less than five executives from amongst themselves for a period of three years at their first sitting immediately after their election for the purpose of normal conduct of the day-to-day activities of the Association.

(c)                The Board of Directors shall meet once every three months to review and coordinate the affairs of Association.  As the highest authority it shall have the powers and responsibilities to:

i)       Appoint various standing, advisory and ad hoc committees or commissions for realization of the Association’s objectives and effective management of its affairs;

ii)     Frame and execute the Association’s by-laws, procedural rules and regulations and policies in accordance with the “Corporation Act”, this Constitution and the “By-law number-1” related to the “Conduct of Association’s Affairs”;

iii)    Coordinate and oversee the activities of the Executive Council and the various committees and commissions appointed;

iv)      Hire and fire, direct and oversee the activities of all the administrative staff;

v)        Approve the Association’s annual budget and plan of initiatives; and

vi)      Approve the agenda of all the general meetings of the Association.

Section 4.08                       The Executive Council (Presidium)

(a)                 The “Executive Council” shall be elected by the “Board of Directors” from amongst themselves for a period of three years as the highest executive authority.  It shall consist of six to seven Board members and three ex-officio (non-voting) members - the Chief Election and Regulation Commissioner, the Auditor General and the Executive Officer (the chief administrative officer).  The “Executive Council” elected at the first Board meeting immediately after the general election, shall execute and supervise the normal day to day affairs of the Association both collectively and individually at the pleasure of the “Board” as follows:

i)                     The President

ii)                   The Vice-President

iii)                  The Secretary- General

iv)                  The Finance Director (in charge of Treasury and socio-economic affairs)

v)                    The Director of Public Affairs (Internal educational and cultural affairs)

vi)                  The Director of External Relations (Immigration and settlement affairs)

vii)                 The Chief Election and Regulations Commissioner (An ex-officio member)

viii)               The Chief Auditor General (An ex-officio member in charge of auditing and financial supervision), and

ix)                 The Executive Officer (The non-voting chief administrative officer)

(b)                   The Executive Council shall serve and meet regularly during the intervals between the Board meetings at least once a month. The minimum quorum for holding a meeting shall be at least three members present, excluding the ex-officio members.

(c)                   The Executive Council shall record and keep the minutes of all its meetings and actions taken which shall be presented to the Board of Directors at least once every three months. The Council may invite important personalities as its ex-officio non-voting members.

Section 4.09                       The Election and Regulations Supervisory Commission

(a)                   The Election and Regulations Supervisory Commission shall have five members: three elected by the General Assembly and two delegated by the Board of Directors for a period of three years prior to election.  The three Elective Commissioners shall be elected by the General Assembly on rotation basis of electing one Commissioner at the Annual General Meeting prior to electing of the new Board members. The elected commissioners shall chose from amongst themselves a head as their Chief Commissioner.

(b)                   The Commission shall conduct the elections and supervise and monitor the process of elections and the implementation of the rules and regulations of the Association as specified in this constitution and the by-laws. The Commission shall meet at least once in three months or as the emergencies may require with a quorum of two elected commissioners present.

(c)                   The commissioners shall work with the Executive Council and the Board of Directors and report to the General Assembly.  They shall supervise and advise the Hiring and Monitoring of Performances Committee and shall have the right to attend any meeting of the Association as non-voting representatives of the General Assembly.

(d)                   As a judicial organ of the Association, the Election and Regulations Supervisory Commission shall have the power and responsibility to convene an emergency meeting of the General Assembly in case of a gross violation of the provision of this constitution and the by-laws or in case the Board of Directors fails to meet such a demand made by one-third Board members or ten percent of the Association members as formally presented through a resolution or a written petition submitted.  In such a case the Commission and Auditing Committee shall together take over the conduct of the affairs of the Association until the holding of an emergency meeting of the General Assembly within three months.

Section 4.10                       The Auditing and Financial Supervision Committee

(a)                   The Auditing and Financial Supervision Committee shall consist of three auditors, which shall be elected by the General Assembly for three years on rotation basis of electing one Auditor at its every Annual General Body Meeting.  The elected Auditors shall choose from amongst themselves a head as Auditor-General or Chief Auditor.

(b)                   As the representatives of the General Assembly, the Auditors shall review and look into all the Association’s financial transactions including its income and expenditure and ensure due and proper use of the Association’s proceeds and assets independently or collectively.

(c)                   The Auditing and Financial Supervision Committee shall meet at least once every three months to review the manner of expenditure and the annual and semi-annual financial statements of the Association and report its assessment to the Board of Directors and to the Annual and Semi-annual Meetings of the General Assembly.  A quorum for a meeting shall be two auditors present or the Auditor-General himself shall have the powers in case of difficulties and absence of colleagues.

(d)                   The Auditors shall work and cooperate with the Executive Council and the Board of Directors in raising and managing of funds.  They shall have the right to supervise and advise the Finance and Fund-raising Committees and attend any meeting of the Association as ex-officio members.

Article V.    THE EXECUTIVE OFFICE-BEARERS

Section 5.01    The Members of the high-power Executive Council or the Executive Directors shall, in their individual capacities, carry and conduct the normal affairs of the Association as follows:

(a)        The President

(b)        The Vice-President

(c)        The Secretary- General

(d)        The Finance Director

(e)        The Director of Public Relations and Information

(f)          The Director of External Relations and Settlement

Section 5.02    All the Executive Office-bearers shall be elected by the Board of Directors for a term of three years at their first sitting at the General Assembly meeting after the election of the new Board members. An executive office-bearer may be re-elected for more than one term of office.

Section 5.03    The executive office-bearers shall have specific rights, ranks, and privileges in the above ranking order, which shall be governed by the procedural rules and regulations specifically laid down in the Association’s by-laws passed by the Board and approved by the General Assembly.  During the temporary absence of an office-bearer, the next high-ranking office-bearer shall assume, exercise and perform all his or her powers and duties.

Section 5.04               The Powers and Duties of the Office Bearers

(a)                                                  The President (the chair person):

           (i)     The president shall be the head of the Association and the chairman of the General Assembly, the Board of Directors and the Executive Council and as the chief spokesman and representative of the General Assembly, he shall be the guardian of the ideals of the Association, the custodian of its constitution, and the protector of the rights and interests of its members.

           i)     The President shall inaugurate and preside over the sessions of the General Assembly, the Board of Governors and the Executive Commission and shall summon, inaugurate and preside over the emergency meetings.

           (iii)   The president shall sign and proclaim the enforcement of the by-laws, procedural rules and regulations, decisions and resolutions of the General Assembly, the Executive council, and Board of Directors.

           (iv)   The president shall dissolve the Executive Council and order the election of a new Council within a week of the dissolution if a formal petition to that effect is submitted to him by two-thirds of Board members.

           (v)    The president shall act as the public spokesperson for the Association and represent the Association in public meetings and may delegate his or her powers and responsibilities to another member of the Association with a two-third approval of the Board members.

           (vi)   The president shall appoint and accredit non-elected senior officials as the Association’s representatives and delegates to various meetings and foreign missions on the recommendations of the Executive Council and nominate candidates for elections to the Board at the annual general body meetings.

(b)                                                 The Vice-President:

       (i)     The Vice-president shall be the deputy chief executive of the Association, the Board of Directors and the Executive Council and shall preside over their meetings in the absence of the president.

      (ii)     The Vice-president shall assist the President and shall enjoy all the powers and discharge all of duties and responsibilities in his or her absence, and

      (iii)     The Vice-president shall have special powers and carry out specific duties and responsibilities, which may be specified by the Board of Directors. from time to time

(c)                                                  The Secretary General:

          (i)     The Secretary-General shall be the corporate clerk of the Board of Directors, the Executive Council, and the General Assembly of the Association.   He/she shall be responsible to prepare and recite the agenda and record all facts and minutes of their meetings in the special books maintained for that purpose

         (ii)     The Secretary-General shall look after the secretariat of the Association and shall be responsible for the maintenance and preservation of all the records of the activities of the Association.  He/she shall be the custodian of the corporate seal of the Association and of all books, papers, records, correspondence, and documents of the Association. All major correspondence of the Association shall be carried out in the name of the Secretary-General

        (iii)     The Secretary-General shall be responsible for the preparation, legislation and implementation of the Association’s various by-laws and procedural rules and regulations required for proper and efficient conduct and management of the organizational, financial and administrative activities, which shall be properly brought up, legislated and enforced.

         (iv)     The Secretary-General shall look after the legal and constitutional aspects of the activities of the Association and shall monitor and examine the performances to ensure a satisfactory speedy and conducive progress and achievement of the set goals and targets.  He/she shall look after the raising, training, and recruitment of the administrative and clerical personnel of the Association.

          (v)     The Secretary-General shall discharge and direct the day-to-day ordinary affairs of the Association and shall create better conditions for the improvement and efficient performances of the affairs and functions of the Association.  He/she shall carry out such other powers and duties, which may be assigned to him by the Board or the Executive Council.

         (vi)     The Secretary-General shall be the convener of all the meetings and shall issue notices for the holding of the meetings as and when the Executive Council and the Board of Directors decide.  He shall serve as the Chief Secretary of the Executive Council, the Board of Directors, and the General Assembly.

(d)                                                 The Finance Director (Treasurer):

          (i)     The Director of Finance (the treasurer) shall maintain full and accurate accounts of all receipts and disbursements of the Association in proper books of account and shall ensure proper and safe deposit of all the funds or other valuable effects in the name and credit of the Association in a bank (or banks) from time to time as specified by the Board or the Executive Council.

          (ii)     As the treasurer of the Association the Director of Finance shall be responsible for all the financial transactions and the financial position of the Association.  He/she shall cooperate with the auditors of the Association during any auditing of the accounts, and perform other duties from time to time as may be prescribed by the Executive Council or the Board of Directors.  Specifically he/she shall:

1)          Act as the chairperson of the treasury and the committees of Finance and Fundraising and preside over all meetings.

2)          Prepare or supervise the preparation of financial statements and such reports with respect to the financial position of the Association as may be required from time to time by the Board or the Executive Council;

3)          Prepare, in consultation with the Executive Officer an annual budget for submission to the Board and General Assembly;  and

4)          Direct, assist and supervise the Executive Officer in any financial documentation necessary in connection with applications for grants or other fundraising for the Association.

   (iii)          The Director of Public Relations and Information

         (iv)     The Director of Public Relations and Information shall organize, co-ordinate, and supervise the Association’s public relations, socio-cultural and educational activities in an effective productive manner.  He/she shall provide and arrange for better means of cultural development and effective educational and job-training facilities.

         (v)     The Director shall make provision and arrange for the cultivation, maintenance, and development of fruitful links and relations of co-operation and friendship among the Association members and other Pashtun scholars and institutions serving the cause of Pashtun cultural development. He/she shall provide and arrange for the successful holding of debates, seminars and conferences of scholars, experts and writers to address and tackle the issues and problems of development.

         (vi)     The Director shall make special arrangements for recruiting and training of the required educational and academic staff, including teachers, research trainees and assistants.  He/she shall arrange, direct and supervise the various educational and job-training programs of the Association.

         (vii)     The Director shall provide arrangements for awards of honors, distinctions, scholarships, assistantships, grants, prizes, medals, etc to encourage, appreciate and recognize achievements and contributions to the Association’s cause and ensure a further promotion and development of such services and contributions.

       (viii)     The Director shall make special constitutional provisions and arrangements for the establishment and development of: (i) a well equipped Education and Job-Learning Center ; (ii) a Library-cum-Documentation Facility; and (iii) certain mass-informational enterprises such as De Pashtuno Ghazh (The Pashtun Voice) Radio and De Pashtuno Ghazh-Chera (The Pashtun Voice & Picture) TV broadcasting programs.

        (ix)     The Director shall make and supervise provisions and arrangements for the successful publication and distribution of the Association’s monthly and quarterly publications such as De Pashtun Zeray (or Pashtunwalee), The Pashtun Cultural Review, and others in the Pashto and English languages.

         (x)     The Director shall be responsible for the sale and proper and efficient distribution of the Association’s products such as audio and video materials, books, journals, and all other publications produced or sponsored by Association.  He/she shall look after the production, translation, compilation, editing and publication of the publicity materials, films, cassettes, CDs, books, handouts and other such products.

(e)                                                  The Director of External Relations and Settlement Services

 a.  The Director of External Relations and Settlement Affairs shall be responsible for Association’s developmental socio-economic activities, immigration and settlement affairs and external contacts for procurement of funds, grants and other forms of assistance and cooperation.

 b.  The Director shall establish and maintain fruitful contacts and links with potential governmental and non-government philanthropic organizations for acquisition of funds and other forms of assistance for the materialization of the Association’s various developmental projects envisaged.

 c.  The Director shall develop and maintain fruitful relations of co-operation and friendship with Canadian and non-Canadian Pashtun scholars, dignitaries and institutions all over the world, particularly those committed to the cause of Pashtun socio-cultural development. He/she shall organize and supervise the successful holding of international seminars and conferences to that effect.

 d.  The Director shall make provision and arrangements for seeking and securing the assistance and co-operation of various philanthropic national and international organizations and institutions, as well as of potential personalities, in the promotion of the Association’s objectives.

 e.  The Director shall be responsible for the procurement and proper maintenance of the necessary informational, educational and research materials, documents, manuscripts, books, journals etc from various external sources.

Article VI.             ADMINISTRATION

Section 6.01                       Standing Committees and Commissions

(a)                 The Board of Directors shall appoint a number of standing and ad hoc committees and commissions for the purpose of effective implementation and realization of the goals and objectives of the Association which at present they shall be as follows:

(i)     The Committee for Information and Socio-cultural Development

(ii)     The Committee for Education and Job Training Affairs

(iii)     The Committee for Immigration and Settlement Services

(iv)     The Committee for Women and Child Care Development

(v)     The Committee for Scholars and Elders’ Welfare” (In charge of socio-religious and cultural services such as national festivals, social and religious ceremonies, births, marriages, burials and management of family conflicts)

(vi)     The Committee for Youths and Youth Activities (dealing with development of arts and music, sports, shows and recreation facilities)

(vii)     The Committee of Membership and Sponsorship (dealing with membership and family reunification)

(viii)     The Committee of Hiring and Monitoring of Performances, and

(ix)     The Committee for Finance and Fund Raising

(b)                 The Board or the Executive Council shall also appoint various ad hoc and advisory committees and commissions for various other necessary purposes.

Section 6.02                       Administrative Staff

The Board of Directors shall appoint a salaried Executive Officer as the chief administrator officer and a number of salaried administrative officers who shall perform various duties and services under the direction and supervision of the Executive Council.

(a)                                                  The Executive Officer:

The Executive Officer shall be responsible for coordination and supervision of all the daily operations of the affairs of the Association, including supervising the daily activities of all the administrative staff.  Subject to the direction of the Executive Council, he/she shall:

(i)      Establish and maintain fruitful contacts with relevant immigration and settlement agencies for guidance and cooperation;

(ii)     Establish and maintain effective contacts with potential aid-granting government departments, co-operative agencies and prepare all the necessary documentation of applications for grants, funds, and other forms of assistance;

(iii)     Attend the meetings of the Executive Council and the Board as required;

(iv)     Supervise the maintenance of the premises of the Association;

(v)     Assist the Secretary-General in maintaining, at all times, all minutes, referral documents and current lists of the names and addresses of all members of the Association and its governing bodies;

(vi)     Coordinate the sending of notices of all the general meetings and other public functions of the Association;

(vii)     Maintain continuous contact with the immigration authorities and remain current with sponsorship situation and the status of new arrivals;

(viii)     Make all necessary preparations for meetings of members and other public functions of the Association,

(ix)     Assist the Director of Finance in the preparation and submission to the Board financial statement and annual budget;

(x)     Coordinate the provision of settlement and referral services to Pashtun Canadians and immigrants;

(xi)     assist the elected executive bodies and the various standing and ad hoc committees in carrying out their respective duties; and direct and supervise the administrative staff and develop proper office procedures and lines of duties for the responsible and efficient conduct of their activities

(b)                                                 Other Administrative Office-bearers:

                (i)     The Board of Directors

           I.      Shall appoint a necessary number of salaried administrative staff and other officers and agents who shall have the authority and powers to perform various duties from time to time as may be prescribed by the Board.  The Board may also remove, at its pleasure, any such officer or agent of the Association.

             (ii)     The administrative staff

           I.      Shall carry out their duties under the direction and supervision of the Executive Officer and in accordance with the administrative rules and procedures.  For the present the administrative staff shall consist of the following administrative office-bearers:

           (iii)     The Executive Officer

          (iv)     The Information and Public Relations Officer (Counselor)

             (v)     The Immigration and Settlement Officer (Counselor)

          (vi)     The Education and Job Training Officer (Counselor)

        (vii)     The Socio-Cultural Services Officer (Counselor)

Article VII.                       CONDUCT OF AFFAIRS

Section 7.01                       System of Elections

         I.      The General Assembly shall annually elect from amongst its members five to seven new Board Members, an Election Commissioner and an Auditor for a three-year term of office as new additions to the respective Board of Directors, the Election and Regulation Supervisory Commission, and the Auditing and Financial Supervision Committee to form a rotation system resulting in continued leadership, skillful experiences, and broader participation and democratization.

         II.      The term of the office of each elected executive shall expire at the conclusion of the annual meeting of the General Assembly held during the third year office term of such an executive or on a date his/her successor is elected.  An executive shall be eligible for re-election within limits specified in the by-laws.

Section 7.02                       Candidature and Nomination

         I.      Candidates for the Board of Directors shall reveal their intentions and policy objectives in written to the Secretary-General for clearance, notification, and publication at least a month prior to the date set for elections and annual general body meeting.

         II.     Clearly qualified members may nominate themselves or other qualified members as candidates for the Board membership during the session of the General Assembly itself if the circumstances and the membership strength allow to do so.  Such nominations by members must be supported by an earlier notice of intention and clearance obtained from the Secretary-General in advance of the voting process.

         III.    To be eligible for election or re-election, candidates must have been members in good standing of the Association for a period of at least two years prior to nomination.  They must have fulfilled their obligations and have attended at least one half of the general body meetings during the two years period.

         IV.    The elected Board members shall have the right to nominate themselves for an executive office at the annual meeting by introducing themselves and their policy objectives by means of a brief speech to the General Assembly prior to the election and designation of the executive office-bearers by the new Board of Directors.

         V.      The election of candidates to any position or office shall be held by secret ballot.

Section 7.03                       The Conduct and Supervision of the Elections

          I.      The process of elections shall be conducted and supervised by the Election and Regulation Supervisory Commission.  No member of the Commission shall stand for election to any executive office during tenure of his/her office.

          II.     A candidate running for Board membership or an executive office shall have the right to appoint a representative for the purposes of observing the voting and counting procedures. Votes cast in favor of a withdrawing candidate shall not be transferable to any other candidate. In case of an equality of votes, the Chief Election Commissioner shall cast a deciding vote.

          III.   Following the voting process and confirmation of the results by the Election and Regulations Supervisory Commission, the elected directors and the old serving Board members shall set together and elect the Executive Council from amongst themselves and participate in the swearing-in ceremony.

          IV.   Following the election of the Executive Council and designation of its office-bearers, the Chief Commissioner of Election shall confirm the election results and administer an oath of office to the newly elected members of the Executive Council and the Board of Directors collectively in the following affirming words:

“ We, who have been entrusted by fellow members of the Association to carry out the executive responsibilities of the Association as directors, swear in the name of Almighty Allah that we shall, to the best of our ability, serve and uphold the principles enshrined in the letters patent and the by-laws of the Association in accordance with the tenets of Islam, Pashtunwali and a lack of prejudice and indifference.  We shall carry out our duties conscientiously and defend the spirit of the letters patent and by-laws and shall not indulge in activities detrimental to the interest and prestige of the Canadian Pashtun Cultural Association.”

Section 7.04                       Meetings and Voting Procedures

(a)                                                  Holding of Meetings:  

          I.      Meetings of the Board, the Executive Council and other governing committees and commissions may be held at any place within or outside Ontario , as designated in the notice calling the meeting. The meetings shall be called by the president, vice-president, secretary or any two members of the concerned governing bodies (organs), independently or through the office of Association.  Subject to the provisions of the Corporation Act and consent of the Board of Directors, a meeting of directors or a committee may be held by means of such telephonic, electronic or other mode of communication that shall allow all participating members to communicate with each other simultaneously and instantaneously. A participant of the meeting communicating by such means shall be deemed to be present at the meeting.

(b)                                                 Regular Meetings: 

          I.      The Executive Council, the Board of Directors and other governing bodies shall set weekly, monthly, and quarterly fixed dates and timings for holding their regular meetings without the need of giving a further notice.  The first working meeting of Board of Directors shall be held within seven (7) days after the election to define and assign line of duties and responsibilities of the members of the Executive Council, appoint various advisory committees and choose advisors and the heads and secretaries of the standing committees.  

          II.     The Executive Council shall hold its first meeting within seven (7) days following the first Board meeting to set the agenda for the transaction of the day-to-day business of the Association. The meetings shall be chaired and conductively organized by the president of the concerned organ or in  his/her absence by the vice-president or the secretary.

(c)                                                  Emergency Meeting: 

          I.      An emergency meeting of the General Assembly shall be convened within sixty days if one-third Board members pass a resolution demanding the convening of such a meeting or one-tenth (ten percent) members demand such a meeting through a written petition formally submitted to the President.

(d)                                                 Notices: 

          I.      Notices of meetings shall be delivered, mailed or telephoned to each member not less than seven (7) days in advance of holding the meeting. In case of an emergency or urgency, a notice shall be delivered by any possible means not less than one (1) day in advance of holding the meeting.  Inability to contact a member under such circumstances shall not invalidate such a notice.  A statutory Declaration by a concerned presiding officer shall be sufficient and conclusive evidence of the giving of such notice.  Not formal notice of a meeting shall be required if all the concerned members are present or those absent have signed their consent to hold the meeting in their absence.

(e)                                                  Voting: 

          I.      Questions arising at any meeting of Association shall be decided by a majority vote. Questions shall be decided by a show of hands unless a poll on the question is recommended by the chairperson or requested by a member.  In a matter of dispute passing of a clearly defined resolution shall be required for an entry to that effect in the minutes as conclusive evidence of the fact in favor or against the disputed matter.  Equality of votes shall be decided by an additional vote of the chairperson.

Section 7.05                       Removal and Resignation

          I.      Removal or dismissal of an executive official from an office or a position or the expulsion of a member from a seat or position shall require the existence of valid grounds such as treachery, breach of trust, violation of provision of the by-laws, rules and regulations, abuse of power, embezzlement of funds, disrespect and indifference to one’s duties and responsibilities, etc.

          II.     Such grave acts as mentioned above, shall if committed deliberately be deemed to constitute a serious offence and the betrayal of the cause of the Association, which if substantiated in the form of a Board resolution, shall not only call for dismissal and expulsion but also for legal proceedings.

          III.    The president or any other executive official of the Association shall be removed by a resolution passed by two-thirds Board members and approved by the General Assembly subsequently.  If the President or an executive official is so removed, the Vice-president or Secretary-General shall assume all his/her powers and duties until the Board elects the successor within a month from the date of removal.

          IV.   The Board of Directors shall dissolve the Executive Council if two-thirds of Board members pass a resolution to that effect.  The President shall then take over the powers and responsibilities of the Executive Council until the election of a new Executive Council by the Board of Directors within a month from the date of dissolution.

          V.    A member of the Executive Council shall be dismissible on charges of inefficiency, incapability, irregularity, misconduct, etc. by a majority vote of Board of Directors on the recommendation of the Executive Council and ratification by the General Assembly subsequently.

          VI.   Appointment, reshuffle, replacement, dismissal, and expulsion of senior executive officials, ordinary officers and members of Association shall be within the jurisdiction of the Board of Directors.

          VII.   The resignation of the President or any other member of the Executive Council and the Board of Directors or a member of Association shall be accepted by the Board of Directors after being formally received or submitted to the Secretary General.

          VIII.  In case of a vacancy or vacancies in the Board, the Board of Directors shall elect a well- qualified member of Association to fill up the vacancy subject to ratification by a majority vote of the General Assembly.

           IX.  In case of non-existence of quorum for meeting of the Board of Directors, the remaining Board members shall forthwith call an emergency meeting of the General Assembly to fill up the vacancies.

           X.    Any member of the elected executive bodies, who fails to attend more than three successive meetings without justified notification, shall be deemed to have resigned.

Section 7.06                       MISCELLANEOUS

Section 7.07                       The Concluding Procedures:

I.       At the conclusion of the 3-year term of office of the first group of 9 to 11 Board members, the General Assembly shall, henceforth, elect only an equal number of five to seven Board members who with the remaining serving Board members shall form the succeeding new Board of Directors. The new Board, consisting of both the old and the newly elected members, shall sit together and elect from amongst themselves the succeeding Executive Council to be sworn in before the General Assembly which shall continue to remain in session for the concluding swearing ceremony.

II.       The founding General Assembly shall elect and designate the first Chief Commissioner of the Election and Regulations Supervisory Commission and the first Auditor-General of the Auditing and Financial Supervision Committee, who shall seek, at their discretion, the assistance of any member until the election of their successors at the succeeding annual general meetings.

III.     Subject to the provision of the Corporation Act and this constitution, the first founding General Assembly which may be held in May of 2002, shall adopt this constitution and accordingly elect the first 9 to11 member Board of Directors and designate its Executive Council consisting of the six executive office-bearers from amongst the elected Board members for a three year term.

IV.      The succeeding Executive Council shall be elected by the succeeding Board of Directors at end of the three years office term of the first group of 9 to 11 directors from amongst the serving and the newly elected directors at their first sitting at the General Assembly meeting immediately after their election.

V.      Under changing circumstances affected by membership increase  and inconveniences caused by various factors, the election process and gathering of the General Assembly shall take place separately on the same date as may be properly arranged by the Election and Regulations Supervisory Commission.  Under such circumstances the election process of casting votes may start in the morning and end with counting of votes at the General Assembly meeting held in the evening for the ceremonial conclusion of the election.

VI.      The provision of this constitution, specially the membership and nomination qualifications shall not inclusively apply inclusively to the first founding General Assembly and the election of the executive office-bearers due to the unfavorable circumstances and lack of proper arrangements.

VII.       As this constitution provides a long-term infrastructure for a pragmatic systematic achievement of the set goals and objectives, the Association’s organizational structure shall begin and develop in a manner determined by the changing circumstances and the resources available from time to time.  Therefore, a short simplified version of this constitution, containing only portions relevant to public, shall be necessary for an effective understanding and awareness of the vast majority of members at the initial unfamiliar stage.

Section 7.08                       Remuneration of the Executives

                          I.      The elected executives - the members of the Board and Executive Council, the Election Commissioners, and Auditors shall serve without remuneration.  No executive shall directly or indirectly receive any profits from his/her position as such. They may be paid reasonable expenses incurred by them in the performance of their duties. The President and other members of the Executive Council may be paid such reasonable remuneration for their extra services to the Association as may be determined proportionately by the Board from time to time.

Section 7.09                       Execution of Documents

                           I.      Execution of the Association’s documents shall be carried out in a manner specified in the by-law number-1 related to the conduct of the Association’s affairs.

Section 7.10                       Amendments and Framing of the By-laws

                           I.      Any proposal for amendment of this Constitution or a By-law of the Association shall require the recommendations of the Board of Directors and the approval of the General Assembly through normal or extraordinary meetings.

                         II.      The Board of Directors shall subsequently frame and adopt various by-laws for the proper conduct of the affairs of Association and procedural administrative rules and regulations for effective and harmonious management of the various activities of the Association, which shall require the approval of the General Assembly.

                        III.      The Board of Directors shall frame and adopt special by-laws for the establishment of De Pashtani Shazo Tolana (The Pashtun Women Organization), De Pashtano Mashrano Tolana (The Pashtun Elders Organization) and De Pashtano Zalmo Tolana (The Pashtun Youth Organization).

                      IV.      The Board of Directors shall fame and adopt a by-law for the award of medals and honors for recognition of distinguished services and contributions made to the cause of Pashtun cultural development.  Such awards may include the special honors of De Pashtano Attal, (The Hero of Pashtuns), De Pashtano Lmar (The Sun of Pashtuns), De Pashtano Storay ( The Star of Pashtuns), and medals(Nishans) of Peer Bayazid Roshan, Baba Khushal Khan, Ahmad Shah Baba, Mirwais Nika, Baba Fahkri Afghan Bacha Khan and other Wertya (Ability) medals of distinction.

Section 7.11                       Mobilization and Management of Funds

                           I.      The funds of the Association shall derive primarily from the registration and regular membership fees, contributions by founders, and regular discretionary donations by ordinary patron members (as prescribed in the membership fees)

                         II.      The Association shall receive regular assistance, grants and donations in cash or in kind from the various Canadian federal and provincial government departments, philanthropic organizations and from institutions and individuals committed to the cause of human advancement, and shall apply for the same.

                        III.      The Association shall receive regular income from fixed investments of donated funds and grants invested in banks and other financial institutions.

                      IV.      The Association shall receive income generated from performance of services in its fields of competence, publications, etc.

                        V.      The Association shall initiate, organize, and launch fundraising measures such as entertainment dinners, film festivals, charity films shows, cultural evenings, artistic and musical performances, publications, production and sale of artistic audio-video materials, fancy calendars, diaries, greeting cards, general knowledge books, decoration pieces, souvenirs, etc. The Board of Directors shall appoint a special fund-raising committee to mobilize and raise funds for the initial budgetary input of the Association by such measures as are mentioned above, as well as by various other legitimate means.  The Auditor-General shall be a member of this committee to check and ensure proper collection of such funds.

                      VI.      Membership fees, dues, contributions, donations, grants, and other forms of income shall be received and maintained by the Finance Department against valid prescribed papers, documents, requisition forms, bills, etc., accompanied and supported by recorded receipts given or dispatched procedurally.

                     VII.      All the financial accounts and the funds and the raised or received funds shall be publicly declared and maintained with a bank or banks open for governmental inspection and public inquiry and verification by members in a manner specified by the Corporation Act and the Association’s by-laws.

Section 7.12                       Enactment and Enforcement of the Constitution

This is constitution of the Canadian Pashtun Cultural Association, being drafted by

               I.      a five-member elected constitution drafting committee and confirmed by the elected provisional Board of Directors, was confirmed and approved and enacted by the unanimous affirmative vote of all members entitled to vote at the first founding meeting of the General Assembly at the City of Toronto in the Municipality of Greater Toronto with a quorum of over (three hundred members) present on the eleventh of May, the year 2002.

            II.      Consequently in accordance with the provision of the constitution approved and enacted, elections were conducted and a 11- member Board of Directors, a 6-member Executive Council (elected out of the board members), a Chief Commissioner of Election and Regulations, an Auditor-General, and seven senior advisors were elected as the first founding executive office-bearers of the Canadian Pashtun Cultural Association.

            III.      Names and signatures of the Constitution Drafting Committee, the Provisional Board of Directors, the constitutionally elected 11-member Board of Directors, the 6-member Executive Council, the Chief Commissioner of Election and Regulations, the Auditor-General, and seven senior advisors are published from time to time when changes occur.