Chapter I General Provision
The Constitution of Gansu Association for the Promotion of Tibetan Culture is framed in accordance with the Regulation on Registration and Administration of Social Organizations established by the State Council of the People’s Republic of China.
Article 1 Name of the Association: Gansu Association for the Promotion of Tibetan Culture
Abbreviation: GAPTC
Article 2 Gansu Association for the Promotion of Tibetan Culture is a non-profit organization in Gansu Province established by volunteer members from all walks of life, in which Tibetan people constitute the main membership.
Article 3 The mission of Gansu Association for the Promotion of Tibetan Culture is to advance researches on Tibetan history, culture and economy as well as on the theoretical and practical problems of Tibetan people in this dynamic era of China’s economic reform and development of socialist market economy. It is intended to promote economic and social development in Tibetan areas, especially in Gansu Province. To assist the socialist modernization process of Gansu Province, the Association bases itself on the principle of equality, solidarity and common prosperity of all ethnic groups under the guidance of the policies of Chinese State and the Communist Party. Its operation fully accords with the limits of constitution and laws of the People’s Republic of China.
Article 4 Gansu Association for the Promotion of Tibetan Culture is directly under the administration of the Culture Bureau of Gansu Province. The Association receives administrative guidance from Culture Bureau of Gansu Province and is under the supervision of other relevant provincial agencies on the registration and administering of social organizations.
Article 5 The site of Gansu Association for the Promotion of Tibetan Culture is located in the City of Lanzhou, Gansu Province.
Chapter II Business Scope
Article 6 Business scope of Gansu Association for the Promotion of Tibetan Culture is:
1. conducting researches on both traditional cultures and modern social issues in the Tibetan regions by understanding the characteristics of Tibetan people in Gansu within the framework of the current modernization. We especially emphasize studies on contemporary Tibetan culture;
2. building active working relations with friendly philanthropic organizations at home and abroad for the purpose of recommending development projects on poverty-alleviation, education, health, environmental protection, women and children, cultural revival, animal husbandry in the Tibetan areas of Gansu Province; to save and protect cultural heritage of Tibetan Buddhism;
3. discovering, compiling and publishing books, audio and visual products concerning Tibetan culture and Buddhism; providing members with consultations on copyright and publication;
4. conducting academic research and exchange programs on economics, history, culture, religion, arts, science and technology, ethnic groups and their folklores in Tibetan areas;
5. planning and organizing cooperative researches and cultural exchange events for both domestic and foreign academic institutions, including economic, culture and artistic exchange, and social activities;
6. organizing various training and lectures to disseminate guidelines, policies, laws and regulation of CCP and the Chinese State; communicating and expanding economic, scientific and cultural achievements and information;
7. developing the Association’s own entrepreneurship and delegating the proceeds to the sustained operation of the Association;
8. to research and develop Tibetan medicine;
9. creating a journal of the Association, improving Tibetan Culture Net, establishing a database for Tibetan culture and providing consultation for Tibetan cultural studies;
10. reporting suggestions and requests of members to the relevant authorities, and protecting the legal rights and interests of members.
Chapter III Members
Article 7 Members of Gansu Association for the Promotion of Tibetan Culture can be divided into organizational members and individual members.
Article 8 Any individual with achievements in his field of specialization, who is influential and accepts the Association’s constitution, may apply for membership with an existing member’s introduction. Upon the approval of the Association, the applicant will become a member.
Any group or organization who accepts the Association’s constitution may apply for membership in the Association and will become an organizational member upon the approval from the Association.
Article 9 Procedures for joining in the Association are as follows:
1. to submit application for admission;
2. to undergo the approval process of the Board of Directors;
3. to receive membership certificate issued by the council or the secretariat.
Article 10 Rights and privilege of a member:
1. the voting power, the right to stand for election and the right of voting within this Association;
2. to participate in any activity held by Gansu Association for the Promotion of Tibetan Culture;
3. to demand Gansu Association for the Promotion of Tibetan Culture to report difficulties and problems of the Association to the leadership of Communist Party of China when in need of the provision of relevant consultation and help from different levels of the Chinese government;
4. the right of criticizing, advising and supervising the work of Gansu Association for the Promotion of Tibetan Culture ;
5. right to join and resign from the membership of the Association.
Article 11 A member shall fulfill the following duties:
1. to comply with the Constitution of Gansu Association for the Promotion of Tibetan Culture and implement resolutions of the Association;
2. to be devoted to the work of the Association and actively participate in activities of the Association;
3. to protect legal rights and interests of the Association;
4. to make efforts to complete the work assigned by the Association;
5. to pay membership dues as required;
6. to report relevant work within the business scope and provide relevant materials to the Association;
7. to facilitate activities of the Association and provide financial support.
Article 12 A member shall, before resigning from the membership of the Association, notify the Association in written form and return the membership certificate. Where a member has failed to pay the membership dues or to attend the activities of the Association for two consecutive years, he/she shall be automatically dismissed from the membership of the Association.
Organizational and individual memberships will be ineffective once the Association is notified with resignation in written form.
Article 13 Where a member of the Association violates the Constitution of Gansu Association for the Promotion of Tibetan Culture or national laws and regulations, he/she shall be deprived of the membership upon the approval of the Executive Board of Directors of the Association.
Chapter IV Organizational Structure, Election and Recall of Persons in Charge
Article 14 The Members’ Congress is the highest organ of power of Gansu Association for the Promotion of Tibetan Culture, who exercises the following functions and powers:
1. to formulate and amend the Constitution of Gansu Association for the Promotion of Tibetan Culture;
2. to elect and recall the directors;
3. to listen to and examine the work reports and financial reports of the Board of Directors;
4. to decide on termination issues;
5. to decide on other major issues.
Article 15 The Members’ Congress shall not be convened unless 2/3 or more of the member representatives are present, and the resolution may not come into force unless it is adopted by half or more of the member representatives present at the Congress.
Article 16 The Members’ Congress is elected for a term of one year. Re-election advanced or postponed due to special situations shall be adopted by the Board of Directors and be submitted to the entity in charge of its business for examination and be approved from the organ in charge of registration and administration of social organizations. However, the postponed period of re-election shall not exceed one year.
Article 17 The Board of Directors is the executive organ of the Members’ Congress, who leads the Association in daily operation when the Congress is not in session and who is responsible to the Congress.
Article 18 The Board of Directors exercises the following functions and powers:
1. to implement resolutions of the Members’ Congress;
2. to lead Gansu Association for the Promotion of Tibetan Culture when the Congress is not in session, discuss and decide on major issues, elect and recall chairman of the Board of Directors (chairman of the Association), vice chairman of the Board of Directors(vice chairman of the Association), executive directors and the secretary-general;
3. to prepare and convene the Congress;
4. to report to the Congress the working and financial status;
5. to decide upon enrollment or removal of members;
6. to decide upon establishment of working offices, branches, representative offices and entities;
7. to decide upon choice of deputy secretary-general and persons in charge of all offices;
8. to lead the work of all offices in the Association;
9. to constitute regulation of internal administration;
10. to decide upon other major issues.
Article 19 A Board meeting shall not be convened unless 2/3 or more of the directors are present, and the resolution may not come into effect unless it is adopted by 2/3 or more of the directors present at the meeting.
Article 20 The Board of Directors shall at least convene a meeting every year; for particular circumstances, the meeting may also be convened by means of communication.
Article 21 The Association shall establish the Executive Board of Directors, which is composed of the chairman, vice chairman, executive directors, secretary-general and deputy secretary-general. The Executive Board of Directors are elected by the Board of Directors, who exercises the following functions and powers when the Board meeting is not in session and who is responsible to the Board of Directors (number of executive directors shall not exceed 1/3 of that of the total directors):
1. to implement resolutions of the Members’ Congress;
2. to take charge of preparation and organization for the next Congress;
3. to preside over the Association when the Board meeting is not in session;
4. to approve admission and removal of organizational and individual members;
5. to decide upon establishment of working offices, branches, representative offices and entities;
6. to decide upon choice of deputy secretary-general and persons in charge of different offices;
7. to lead all offices in the Association, to organize and carry out important activities of the Association;
8. to formulate regulation of internal administration;
9. to decide upon the principle for expending funds of Gansu Association for the Promotion of Tibetan Culture, and audit annual expenditures;
10. to decide upon and deal with other matters of Gansu Association for the Promotion of Tibetan Culture with authorization of the Congress and the Council.
Article 22 The Executive Board meeting shall not be convened unless 2/3 or more of the executive directors are present, and the resolution may not come into force unless it is adopted by 2/3 or more of the executive directors present at the meeting.
Article 23 The Executive Board of Directors shall at least convene a meeting every half a year; for particular circumstances, the meeting may also be convened by means of communication.
Article 24 The chairman, the vice chairman and the secretary-general of Gansu Association for the Promotion of Tibetan Culture shall meet the following requirements:
1. to adhere to the guidelines and policies of Communist Party of China and to have good political conscience;
2. to be in good reputation in the field of Tibetan culture;
3. the eldest age for the chairman, the vice chairman or the secretary-general shall not be over 70; and the secretary-general shall be a full-time post.
4. to be healthy enough to work normally;
5. to have no record of being deprived of political rights;
6. to have full civil capacity.
Article 25 If the chairman, the vice chairman or the secretary-general of this Association is over the eldest age for the post, the matter must, before the post is held, be adopted by the Board of Directors, be submitted to the entity in charge of this affair for examination and to be approved by the organ for registration and administration of social organizations.
Article 26 The term of office of the chairman, the vice chairman, or the secretary-general of Gansu Association for the Promotion of Tibetan Culture shall be two years and shall not be longer than two sessions. Where the term of the office of the chairman, the vice chairman or the secretary-general needs to be extended due to any particular circumstance, it must, before the post is held, be adopted by 2/3 or more of the member representatives in the Members’ Congress, be submitted to the entity in charge of this affair for examination and to be approved by the administrative organ for the registration of organizations.
Article 27 The chairman of Gansu Association for the Promotion of Tibetan Culture shall be its legal representative. When the vice chairman or secretary-general of this Association shall be its legal representative, it must, before the post is held, be submitted to the entity in charge of its business for examination and be approved by the organ for registration and administration of social organizations.
The legal representative of this Association shall not be the legal representative of any other organization concurrently.
The chairman leads Gansu Association for the Promotion of Tibetan Culture and represents the Association to the outside. The vice chairman assists the chairman and exercises the chairman’s powers in special circumstances. The secretary-general presides over routines of the Association under direction of the Board of Directors.
Article 28 The chairman of Gansu Association for the Promotion of Tibetan Culture shall exercise the following powers:
1. to convene and preside over the meetings of the Executive Board of Directors;
2. to inspect the execution of the resolutions of the Members’ Congress and the Executive Board of Directors;
3. to sign the relevant important documents on behalf of this Association.
4. to sign approval for important decision.
Professional working offices of Gansu Association for the Promotion of Tibetan Culture are set up by the Executive Board of Directors in accordance with the principle of simplification.
Article 29 The secretary-general of Gansu Association for the Promotion of Tibetan Culture shall exercise the following powers:
1. to lead the daily work of working offices, and to organize the implementation of annual working plans;
2. to coordinate all branches, representative offices and substantial offices to carry out their work;
3. to nominate the deputy secretary-general as well as the main responsible persons of all working offices, branches, representative offices and entities, and submit the nomination to the Board of Directors or the Executive Board of Directors for decision;
4. to decide on the employment of the full-time employees in the working offices, representative offices and entities;
5. to dispose of other daily affairs.
Chapter V Management of Asset and Principles of its Use
Article 30 The sources of funds of Gansu Association for the Promotion of Tibetan Culture are:
1. the membership dues from members;
2. donations and support from groups and individuals both at home and abroad;
3.allocation and subsidy from the government;
4. Income from activities or services carried out within the approved business scope;
5. profits of economic entities established by the Association;
6. interests;
7. other lawful income.
Article 31 Gansu Association for the Promotion of Tibetan Culture shall charge the members the membership dues in accordance with relevant national provisions.
Article 32 The funds of Gansu Association for the Promotion of Tibetan Culture must be used for its development and within the business scope provided in these Articles of Association, and shall not be distributed among members.
Article 33 Gansu Association for the Promotion of Tibetan Culture shall establish a strict financial management system, and guarantee that the accounting documents are lawful, true, accurate and intact.
Article 34 Gansu Association for the Promotion of Tibetan Culture shall have accountants with professional qualifications. No accountant shall concurrently be a cashier. The accountants must conduct accounting, and accounting supervision shall be implemented. When an accountant is to be transferred to another post or is leaving his job, he/she must hand over his work to the person who will take over it.
Article 35 The financial management system provided by the State must be executed for the asset management of Gansu Association for the Promotion of Tibetan Culture under the supervision of the Members’ Congress and the financial department. Where the sources of the assets are the state-allocated money or the donation or financial support of the public, such assets must be under the supervision of the auditing organs, which shall make the relevant information known to the public by a proper means.
Article 36 Gansu Association for the Promotion of Tibetan Culture must accept the financial auditing organized by the organ for registration and administration of social organizations and the entity in charge of its business before the shift of any session or the change of its legal representative.
Article 37 No entity or individual shall encroach upon, divide up in secret or misappropriate any asset of Gansu Association for the Promotion of Tibetan Culture.
Article 38 The system of wages, insurances and welfares of the full-time employees in Gansu Association for the Promotion of Tibetan Culture shall be implemented by referring to the State’s relevant provisions on public institutions.
Chapter VI Procedures for Amendment
Article 39 The amendment to the Constitution of Gansu Association for the Promotion of Tibetan Culture must be adopted by the Board of Directors and then be examined by the members’ congress.
Article 40 The articles amended by Gansu Association for the Promotion of Tibetan Culture shall not come into force until they have, within 15 days after being adopted by the members’ congress, been examined and approved by the entity in charge of its business and been approved by the organ for registration and administration of social organizations.
Chapter VII Termination Procedures and Disposal of Properties after Termination
Article 41 Where Gansu Association for the Promotion of Tibetan Culture needs to be cancelled due to any of such reasons as accomplishment of the purposes, self-dissolution, division, merger, etc., the Board of Directors or the Executive Board of Directors shall propose the motion for termination.
Article 42 The motion for termination of Gansu Association for the Promotion of Tibetan Culture must be proposed by more than half of the directors and be adopted by 2/3 or more of the members. It shall be submitted to the entity in charge of its business for consent. The Association shall then cancel its registration at the provincial organ for registration and administration of social organizations and report to the above entity for examination and consent.
Article 43 Gansu Association for the Promotion of Tibetan Culture must, prior to the termination, form a liquidation organization under the guidance of the entity in charge of its business and the relevant organs, settle credits and debts, and dispose of the remaining matters; and shall not, during the liquidation, carry out any activity other than the liquidation.
Article 44 Gansu Association for the Promotion of Tibetan Culture shall be terminated once the procedures for cancellation of registration have been completed by the organ for registration and administration of social organizations.
Article 45 The remaining properties of Gansu Association for the Promotion of Tibetan Culture after its termination shall, under the supervision of the entity in charge of its business and the organ for registration and administration of social organizations, be used in accordance with relevant national provisions for developing the career relating to the purposes of this Association.
Chapter VIII Supplementary Provisions
Article 46 The Constitution of Association was adopted at the members’ congress on December 16, 2006.
Article 47 The right of interpretation of articles in this Constitution of Association shall belong to the Executive Board of Directors of Gansu Association for the Promotion of Tibetan Culture.
Article 48 This Constitution of Association shall come into force as of the date when it is approved by the organ for registration and administration of social organizations
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