Article 1: NAME
The Indian Association Berne (IAB) is an association founded in the year 1972, in accordance with Ark 60 to 79 of the Swiss Civil Code.
Article 2: SEAT
The permanent seat of IAB shall be in the city of Berne, Switzerland.
Article 3: LANGUAGE
For practical convenience, all the work of the IAB shall be carried out in English.
Article 4: AIMS
4.1 The IAB shall be a non-profit making organization above all differences based on politics or language, region or religion, race or caste, creed or faith, sex or age.
4.2 To develop closer relations amongst Indians.
4.3 To foster mutual understanding between the Indians, the Swiss and other nationals.
Article 5:
ACTIVITIES
5.1 To arrange discussions on various subjects of mutual interest.
5.2 To organize cultural activities, excursions, meetings, sports etc.
5.3 To provide information of general interest to members.
Article 6: MEMBERS
6.1 Individual Members Persons over 18 years of age at the beginning of the annual year, accepting the earns of the IAB and agreeing to abide by the constitution of the IAB, can at any time become Individual Members (single, couple, single-pensioned, couple-pensioned, student). Persons wishing to become members shall apply in writing to the Secretary of the IAB. They will be informed of the decision taken by the Executive Committee (EC).
6.2 Collective Members This membership shall be available only to organisations and associations accepting the aims of the IAB and agreeing to abide by the constitution of the IAB. The Collective Membership proposal can only be approved by the General Body (GB). The general conditions of membership (membership fee, number of votes etc) shall be decided case to case by the GB.
6.3 Honorary Members Individual Members having contributed with distinction to the aims of IAB, with their consent, and on proposal by any Individual Member may be elected by the GB by a two-third majority of the members present, as Honorary Members.
6.4 Junior Members Children of the Members not having completed 25 years of age at the beginning of the annual year and having the same residential address as their parents shall be considered as Junior Members.
6.5 Patron: The Ambassador of India in Switzerland shall be, with his consent, the Patron of IAB.
Article 7: GENERAL CONDITIONS AND RIGHTS OF MEMBERS
7.1 Subject to conditions specified by the EC, members shall be allowed to invite guests to participate in the functions of IAB.
7.2 A member having fulfilled his financial obligation towards IAB can resign at the end of the current annual year by making known his intentions to that effect in writing to the secretary of LAB.
7.3 Persons adversely affecting the aims and objectives of IAB can, if put forward by the EC, be excluded from the membership by the GB by a two-third majority of members present. In such a case, the IAB would be obliged to substantiate the case in writing by giving a full explanation of termination to the person affected.
7.4 Persons who have resigned and those excluded from the membership of IAB shall have no claim to the assets of IAB.
Article 8: ORGANS
The organs of the IAB shall be:
• The General Body (GB)
• The Executive Committee (EC)
• The Auditors› Article
9: GENERAL BODY
9.1 The GB consists of Honorary Members, Individual Members, and representatives of Collective Members. Junior Members above 18 years of age at the beginning of the current year may attend the GB meeting.
9.2 Within the framework of this constitution, the GB is the ultimate decision-making authority on all matters relating to IAB.
9.3 The annual meeting of the GB will normally be held in April every year. The invitation accompanied by the agenda, annual report, annual accounts, auditors report, next year’s programme, budget and any proposal and/or amendments to the constitution being sent by EC at least 14 days prior to the meeting.
9.4 Extraordinary meetings of the GB can be called by the GB and /or by the EC at any dine. The EC is obliged to call an extraordinary meeting of the GB within a month’s time if one-fifth of the members demand it, having given the agenda which they propose to bring up at such a meeting. These meetings are called to consider urgent matters that must be settled before the next annual meeting of the GB. The invitation to the extraordinary meeting of GB with the agenda must be sent by the EC at least 14 days prior to the meeting.
9.5 The annual and the extraordinary meetings of the GB are only valid if at least one-fourth of the members are present In case of invalidity of a meeting due to the above-mentioned reason, a second meeting shall be called with the same agenda within 30 days. This second meeting is valid irrespective of the number of members present.
9.6 During its annual meeting the GB shall deliberate and decide, inter-alia, on the following matters though not necessarily in the order mentioned:
a) President’s welcome address.
b) Election of Day’s Chairman, from amongst non-member of the existing EC, to conduct the business of the meeting.
c) Nomination of the proceedings recorder.
d) Consideration and approval of the minutes of the last meeting of the GB.
e) Consideration and approval of the annual report written by the Secretary.
f) Consideration and approval of the annual accounts and the Auditor’s report
g) Relieving the EC of its responsibilities for the past year.
h) Consideration and approval of the next year’s programme, membership fee and budget
i) Nomination and election of the President, Secretary, and other members of EC. The proposals for the President and the Secretary with the due consent of the persons proposed, shall be forwarded to the Day’s Chairman in writing.
j) Nomination and election of Auditors.
k) Consideration and approval of proposals (including proposals for collective membership) and / or amendments to the constitution
• put forward by the EC
• put forward by the members The proposals and / or amendments to the constitution put forward by the members shall be addressed to the Day’s Chairman and sent to the Secretary of LAB not later than 28th February (date stamped by PIT being considered as valid).
All the proposals and / or amendments to the constitution to be considered by the GB shall be sent to the members along with the invitation to the meeting of the GB.
I) Other matters with the consent of the GB, except amendment of the constitution and the dissolution of the IAB.
9.7 All matters before the GB will be decided by a simple majority of the voting members (absentees from the voting not being considered as voting members) with the exception of amendments to the constitution for which the approval of a two-third majority of the members present is necessary.
9.8 Every Individual Member and Honorary Member has one vote. Couple has two votes by implication. Junior members have no voting rights. Vote by proxy is not permitted.
9.9 Each Collective Member has the number of votes decided upon by the GB. Every representative of the Collective Member, if present, has one vote. Vote by proxy is not permitted.
9.10 Election of the President and the Secretary, if a contest takes place, will be by secret ballot and those of others by open ballot. If a majority is not attained in the first round then the person having the maximum number of votes in the second round will be considered as elected.
9.11 Minutes of the GB shall be prepared and signed by the proceedings recorder and the Day’s Chairman. These minutes must be sent by the EC to all members within sixty days of the GB meeting.
Article 10: THE EXECUTIVE COMMITTEE
10.1 The EC normally consists of seven members elected by the GB. The President and the Secretary will be elected separately. The first EC meeting will decide on procedures to be followed in the subsequent meetings.
10.2 The President: Persons holding an Indian passport, residing in Switzerland and having been a member of IAB for the preceding five years, are eligible.
10.3 The Secretary: Persons of Indian origin residing in Switzerland and having been a member of IAB for the preceding five years are eligible.
10.4 Other members of the EC: Persons residing in Switzerland and having been a member of IAB for the preceding two years, are eligible.
10.5 The EC shall represent the IAB in all matters, shall enforce the decisions taken by GB and shall decide on all matters relating to LAB. It is responsible to the GB for all its actions and decisions.
10.6 The normal tenure of the members of the EC shall be two years. Re-election is permissible. In case any member of the EC, giving a months notice, resigns before the end of his or her tenure, the EC may co-opt unanimously any member of its choice with due consideration to art 10.2 , 10.3, 10.4, ad-interim, till the next meeting of the GB, at which his or her nomination shall have to be ratified.
10.7 The EC can take decisions only when at least half of its members are present, the decision being taken by a majority of the members present. In case of a tie, the President shall have a casting vote.
10.8 For special activities, the EC may appoint subcommittees comprising of any member of IAB. However the «Youth Subcommittee» comprising of a maximum of seven persons (Members or Junior Members) above 16 years and below 25 years of age shall be appointed every year. For all their actions the subcommittees are principally responsible to the EC.
Article 11: THE AUDITORS
11.1 The Auditors: Persons residing in Switzerland, having been member of IAB for preceding two years, are eligible.
11.2 Two Auditors and one Standby Auditor shall be elected by the GB. The Auditors are directly responsible to GB.
11.3 The Auditors shall check the annual accounts and all financial transactions and give a report in writing to the EC for distribution to the members. If due to any reason an Auditor is not available then the Standby Auditor will replace him or her.
11.4 The normal tenure of the Auditors and the Standby Auditor shall be one year. Reelection is permissible.
Article 12: THE ANNUAL YEAR
12.1 The annual year begins on 1st April and ends on 31st March of the following year.
12.2 The yearly accounts shall be closed 28 days prior to the meeting of the GB or by 31st March at the latest.
Article 13: SUBSCRIPTION AND VOLUNTARY CONTRIBUTIONS
13.1 All Individual Members shall pay an annual non-refundable subscription; the amount being fixed by the GB annually. From the new and departing members only a half yearly pro rata membership fee is also possible.
The Patron and the Honorary Members are exempted from payment of the annual subscription. Junior Members between the ages of 16 and 25 shall pay 50% of the Individual Membership subscription.
13.2 A Collective Member shall pay an annual non-refundable subscription; the amount being fixed by the GB annually.
13.3 Only the Patron, chief guests, members of the EC and Junior Members, of less than 16 years of age at the beginning of the annual year, shall be exempted from payments to all the IAB functions.
13.4 New members shall pay an entrance fee of SFr. 10.-.
13.5 Members of other Indian Associations in Switzerland and the relatives of the members of IAB not permanently residing in Switzerland shall be admitted to all the IAB functions after making payments applicable to members of IAB. Participation in sporting events where prizes are awarded shall not be permitted.
13.6 With a view to furthering its aims, IAB may accept and collect voluntary contributions.
Article 14: AGE GROUPS FOR SPORTING EVENTS
All the sports events of the IAB shall be held according to the following age groups:
• Up to 9 years of age.
• Above 9 years but below 12 years of age.
• Above 12 years but below 16 years of age.
• Above 16 years but below 25 years of age with subgroups boys and girls.
• Above 25 years with subgroups ladies and gents. All ages are at the beginning of the annual year.
Article 15: LIABILITIES
Liabilities of the members are limited to the membership fee and that of the IAB to its assets.
Article 16: MEMBERSHIPS OF OTHER ASSOCIATIONS
IAB can be a collective member of other Associations with common aims.
Article 17: DISSOLUTION
IAB can only be dissolved at an extraordinary meeting of the GB especially called for this purpose. The decision to dissolve can only be taken with a majority of three-fourth of the members present. The distribution of the IAB assets shall be decided at the same meeting.
This constitution has been approved by the extraordinary meeting of the GB held on 9th February 1991 and replaces the former version dated 3rd March 1984. Further this constitution overrides all the decisions. taken in all previous GB meetings before this date. This constitution shall come into force on 9th March 1991 after the dissolution of the existing EC.