Statute


The Statute of Bena Charity
 for Human Development
 
Part I
Chapter I: Naming and definitions
Article (1): (a) under the provisions of this Statute, as amended, issued on 22/1/2010 and under the provisions of Law No. (1) for the year 2001 on associations and civil society institutions and its implementing regulations issued by prime Minister decree No. (129) of 2004, the current name of Bani Youssif Social Charitable Association is  amended to Bena Charity for Human Development   and  according to that the Association can  operate its charitable, social and  developmental activities .The Association enjoys its legal personality and its independent financially. And all the rights, property, privileges and duties and obligations related to the previous name move to the new name with this amendment and all concerned parties must be informed of this amendment.
 (B) The previous logo, which is described in article no (48)of this statute, is the logo for the new name of the Association.
 
Article (2): The Association shall have a headquarter in the capital of the province of Taiz and has the right to establish branches outside the province as required in which they go  with this statute and the internal regulations and not inconsistent with the provisions of the Yemeni Law and its regulations.

Article (3): This guidelines is called the Statute of Bena Charity For Human Development
Article (4): the words and phrases listed below shall have the meanings assigned to them unless the text indicates to another meaning.
1 – Republic: The Republic of Yemen.
2 – Law: Law No. (1) for the year 2001 on associations
          and NGOs.
3 – Association: Bena Charity For Human Development
4 – Statute: The Statute of Bena Charity For Human Development
5 – Internal Regulations: The Rules of the detailed regulations of the Association and other internal regulations
6 – Regulations: Regulations of the Law issued by the Prime Minister decree No. (129) for the year 2004.
7 – The Ministry: The Ministry of Labor and Social Affairs represented by the Office of Social Affairs and Labor in Taiz province .
8 – The Minister: Minister of Social Affairs and Labor.
9 – geographic scope: The Association practices its activities in the governorate of Taiz
10 – The Assembly: The Assembly of the Association consists of all the founders and the members of the Association who meet the conditions of membership .
11 – Mini-Assembly: the Mini-Assembly is selected by the Assembly of the Association by its members .
12 – Chairman: chairman of the Association is elected by the members of the Mini-Assembly.
13 – the administrative board: the board of the Association elected by the Mini-Assembly members .
14 – The Monitoring Committee: The Committee of Monitoring of the Association is elected by the Mini-Assembly through its members.
 15 – Committees: Committees are formed,  the temporary and permanent ones, by the administrative board of the Association to do any business of the Association and to serve its objectives.
       
16 – Bank: Any certified Bank in the Republic of Yemen in which the Association can deposit its fund.
Part II: Objectives
Article (5): The Association looks forward to achieve the following goals :
1 – To deep the Islamic and social values among the community and spreading the spirit of cooperation and social cohesion .
2 – To provide community with social and health care in order to achieve a spirit of solidarity among members of the community as much as possible.
3 – To provide community with developmental and humanitarian services in cooperation with the local authority and the relevant authorities in accordance to available means.
4 – To support students financially and morally, according to its available capacities and limits so that they can continue their studies at different stages.
5 – To conduct investment through a secure economic sphere in which it helps the association to gain stable income and resources to fund its activities.
 6 – To develop the women’s  skills and capacities and enable them to participate actively in the public life.
            

Part III: Rights and obligations of the association membership
Chapter I: Conditions and Termination
Article (6):  membership of the Association consists of the founders and its members who meet the membership requirements specified in Article No. (7) of this statute.
Article (7): conditions of membership:
A member of the Association shall meet the following conditions: –
1 – Must be a Yemeni Citizen and not younger than (18) years.
2- Must have a good character and manner.
3 – to accept the provisions of this stature and  the internal regulations and to apply the decisions of the Association.
4 – To assist in achieving the objectives of the Association.
5 – To be committed to pay membership fees and subscriptions regularly.
6 – To implement the tasks entrusted by the association to participate actively in community activities.
7 – be from Bani Youssif region.
Article (8): A member of the Association loses membership  in the following cases:
1 – If the Member lost one or more of the specific conditions of   membership mentioned in Article (7) of this statute.
2 – if the member presents an optional resignation from the Association.
3 – If a final judgment was issued against him/her in a crime involving moral turpitude and not rehabilitated
4 – If there is a death proved legally.
5 – If there is a dismiss from the membership of the Association by reasonable decision in any of the cases specified in article (9) of this Statute.

Article (9): A member is dismissed in any of the following cases: –
A) In case of non-commitment to the statute and its internal regulations.
B) In case of doing something that would bring any harm to the Association financially or morally.
Article (10): A member of the dismissal decision taken against without legal grounds can appeal to the administrative board and then to the monitoring committee within thirty days from the date of dismissal notification.
Article (11): The member who lost his membership has no right to demand any payment he provided to the Association  such fees , subscription , aid, donation  … etc..
Article (12): the administrative board is entitled to award honorary membership to any legal person contributed in supporting the Association financially or morally in achieving its objectives .
Chapter II: Rights of Membership
Article (13): The members of the Association have the following rights:
1 – The right of nomination and election to membership of the administrative board and monitoring committee of the Association in accordance with regulations and conditions prescribed by these rules and regulations .
2 – the right to participate in the meetings of the Assembly and to express views and proposals on the subjects and reports submitted about the work and activities of the association in which it assists in its development.
3 – the right to benefit from the services provided by the Association  in accordance with the systems, procedures and regulations in which these activities are prepared through.
4 – the right to defend his/her rights of membership in accordance with this statute.
Chapter III: Duties of the Member: –
Article (14): the member is committed to do the following duties :
1 – commitment to this statute and regulations of the Association.
2 – complying with the resolutions and recommendations of the Mini-Assembly to the administrative board and what comes out of their decisions unless it conflict with the provisions of this institute.
3 – seek to achieve the objectives of the association and legitimate interests.
4 – to pay membership fees and subscriptions within deadlines.
5 – commitment to attend meetings of the Association and the Mini-Assembly convened by the administrative board and for any reasons that may demand.
6 – To preserve the reputation and the property of the Association as well as not to bring any harm by abusing or defaming the association financially or morally .
Part IV Organizational Structure
1 – the Assembly.
2 –Mini Assembly .
3 – the administrative board.
4 – The Monitoring Committee.
First, the Assembly.
Article (15) a) The Assembly is the supreme authority of the Association, supervising all the affairs of its executive and control bodies by those who have been selected to represent them in the Mini-Assembly . The Assembly is composed of all members whose membership has been valid for three (3) months at least, completing the Terms of Membership in accordance with this statute and its regulations.
B) The Assembly meets one time every three years – at least – to elect and choose their representatives in the Mini-Assembly and they practice all the functions and powers as assigned according to the law and its regulations .It has the right to  entitle to the split or withdrawal of confidence from some or all of the members of the Mini-Assembly through reasonable decision, as well as it has the right of  withdrawal of confidence of some or all members of the administrative board or the monitoring  committee in case of violation of any  provisions of this statute and its internal regulations, or when any member violates the provisions of the law and its regulations .

Second, the Mini Assembly:
Article (16) the Assembly is represented by a Mini-Assembly which is elected by the Assembly members in all regions of the district, so that each ten members are  represented by one  member in the Mini- Assembly and the internal regulations shall specify the controls , procedures and conditions for the process of representation in the Mini-Assembly .The number of members in the Mini-Assembly must be not less than fifty members and shall meet once each year to discuss the final accounts and approve the annual plans and policies of the Association .
Article (17) The min-Assembly in the first  meeting may select its (5) skillful ,experienced and qualified members even though they don’t meet the conditions mentioned in Article (7).
Article (18) the Mini-Assembly meeting is considered legal in the presence of a majority of its members. If the issue was postponed for another meeting, then the period shouldn’t exceed one week and in case of no quorum, the meeting shall be postponed for a period of 24 hours and then the meeting is to be considered legal regardless the number of members present.
Article (19)Ordinary decisions of the Mini-Assembly are taken by the majority of the attending members and so the extra-ordinary decisions are taken by the majority percentage of the members attending.

Article (20) Assembly shall hold one ordinary meeting each year at least by an invitation from the chairman of the administrative board and may convene an extraordinary meeting by an invitation from the chairman of the administrative board; two-thirds of the administrative board; a third of the members of the Monitoring Committee or one third of the members of the Mini-Assembly in the following issues :
1) amend the statute.
2) dissolve or incorporation or split the Association.
3) dismiss some or all of the members of the administrative board or the monitoring committee.
4) any other tasks that may require .

Mini-Assembly responsibilities
Article (21) Mini-Assembly specializes  as follows:
 1) Adoption of policy and statute amendment.
2) approval of the reports issued by the   administrative board and the Monitoring Committee.
3) Review the financial statements and approve the final account.
4) Election of the chairman and members of administrative board and the Monitoring Committee and dismissal of  all or some of them.
5) the ratification of the dissolve or voluntary merger or split of the Association.
6) inform the members of the Assembly, about actions taken within the framework of its functions and jurisdiction .
Thirdly, the administrative board
Article (22)
 (A) The components of the administrative board :
The administrative board is composed of a Chairman and his Deputy, Secretary General  financial accountant , a chief of women sector and a number of members in which they are not less than five members and not more than fifteen .
B) Responsibilities: in accordance with this statute and its internal regulations, the administrative board is assigned the following responsibilities:
1) Conducting studies and surveys and collect information on the geographical scope and prior needs, according to financial means available and according to an annual action plan .
2) development of operational policies and defining the priority of activities, projects, preparation of plans and programs annually and periodically and temporarily, in accordance with the policy of the Association.
3) Approve the projects of social care and services according to priorities.
4) manage all the Association activities ,seeking its interests , expanding the membership and saving its property , developing its resources by all legitimated means and leading to success and achievement of its goals.
5) call for holding the Mini-Assembly meetings and meets its needs in accordance with these statute and its internal regulations.
6) prepare suggestions of  amendments of the internal regulations and approve them in consultation with the monitoring committee and have these amendments applied .
7) appoint committees and representatives to conduct activities or projects related to activities of the Association and its goals .
8) face emergency situations that arise during the implementation of activities and address them in which they are not inconsistent with the spirit of the laws and the capacity of the Association to be reported to the  Monitoring Committee afterwards, informing them about what have been done or will be done about it.
9) Adoption of full-time employees and assistants and temporary once of the Association and the decision of appointment  issued by the chairman of the administrative board.
10) mange duties issued by the Mini-Assembly and not included in this statute or prevailing laws and objectives of the association as well as their implementation of all duties and functions and powers set forth in this statute and its approved regulations.
11) The board may appoint (from among its members or others) an executive manager and his deputy and this appointing decree shall define his/her responsibilities and duties.
12) proposal to amend the statute and present the amendment to the Assembly for approval .
13) ratify contracts with any entity in the implementation of projects in which they are not inconsistent with the law and this statute.
14) Representing the Association in the forums, , festivals, local and international conferences to achieve the objectives of the association which are not inconsistent with the law .
Article (23) the duration of the administrative board is three years long  from the date of election.
Article (24) the administrative board meetings are held once a month at least and its decisions are taken by an absolute majority .
Article (25) before six months of termination, the administrative board has to prepare for the next electoral cycle.
Article (26) In case the number of the administrative board is not sufficient  the head or the other members of the board shall call the Mini-Assembly  for an extraordinary session to fill the vacant positions or elect a new board  to complete the rest of the period.
Article (27) The administrative board responsibilities
1) the head of the board  :
1) represents the Association in all official and unofficial meetings.
2) works to implement the resolutions of the Assembly and the Mini-Assembly and the administrative board.
3) sign with the Secretary General on all documents and correspondence and  jointly responsible with regard to financial securities.
4) calls for all meetings after approval by the members of the administrative board.
5) The chairman may delegate someone in all or some of these terms of reference and the delegation must be  written and only to the Secretary-General and the financial accountant regarding the financial responsibilities .
6) co-signed together with the general secretary and the financial director the checks and the financial documents .
2) Vice Chairman responsibilities:
1) assists the chairman at his presence, and represents him in his absence or preoccupation
2) has the right to make suggestions and present a work sheet.
3) attend meetings of the administrative board.

3) the Secretary General responsibilities:
1) has the same function of the chairman and his deputy in their absence.
2) has the right to share the chairman in signing on the correspondence that may require.
3) has the right to make suggestions and submit a work sheet.
4) co-signed together with the chairman and the financial director all checks and financial documents.
5) supervise on the employees of the Association.

4) the financial officer responsibilities:
1) responsible for all interior or exterior financial affairs of the Association.
2) has the right to request for hiring an assistant through a decision made by the chairman of the administrative board after the approval of the administrative board.
3) prepare the financial reports required for the administrative board , the Mini-Assembly and the Monitoring.
4) co-sign together with the Chairman and the Secretary-General on the checks and financial documents.

5) women sector responsible duties
         The women sector responsible has the following tasks:
1) touch the concerns of members and women in general the geographical scope.
2) listen to the complaints and suggestions and submit them to the administrative board.
4) supervise on the implementation of all activities related to women .
5) Preparation and control of records and documents relating to trainees and students
6) manage and follow-up women training centers of the Association .
7) preparation of periodic reports on the activities of the women sector and submit it to the administrative board to make the necessary arrangements.
8) oversee the organization of fairs and charitable markets.
9) Co-ordinates with the similar local and international women organization concern supporting women , enhance and requalify the association members.

Article (28) internal regulations shall specify the tasks and the rest of the terms of reference for the rest of the members of the administrative board according to the needs and requirements of the Association

Fourthly: the Monitoring Committee
Article (29)  the Monitoring Committee: The Committee is elected by the Mini-Assembly for three calendar years from the date of nomination and administrative regulations shall specify the number of its members in which not to be less than three members as a minimum.

Article (30) the Monitoring committee shall do the following duties:
1) control and supervise the work of the administrative board to achieve the objectives of the association and raise the level of performance.
2) complaints received from members for consideration and resolution and resolve conflicts between members of the Assembly and
the administrative board, if any.
3) attend the meetings of the administrative board as an observer.
4) Review records and financial documents and mark them for the benefit of the audit.
5) Annually report on its activities and its observations on the work of the administrative board.
6) Highlight the violations of the administrative board, if any, for the avoidance and correction before the occurrence of errors.
7) cooperate with the administrative board in achieving the objectives of the Association and expand membership and seek to supplement the Association the necessary funds to carry out its various activities.

Article (31) The Monitoring Committee holds its meeting once every three months at the end of each fiscal year .
Part V: Resources of the Association
Article (32) The financial resources of the Association shall be from:
1) membership fees and monthly subscriptions paid by members and determined by the internal financial regulations of this statute.
2) donations from members and others.
3) allocations from the state.
4) the proceeds of the investment income of the projects established by the Association.
5)Unconditional grants, donations , gifts and assistance provided by organizations , bodies, civil associations and other local and international institutions, not inconsistent with the Yemeni law and the internal  Regulations of this statute.
6) any other resources authorized by law and not inconsistent with its provisions .
Article (33) how to exploit the resources of the Association
 The exploitation of resources of the Association shall be in accordance with the purpose for which it was created and in achieving its objectives through the annual plan.

Article (34) methods of financial monitoring:
1) bank accounts shall be opened and all amounts collected shall be deposited in such accounts, within one month from the date of receipt, and the responsible for the collection is expose to legal repercussions in case of violation.
2) the disposal of the funds shall be under the resolutions of the administrative board of the cases provided in this statute.
3) a system and accounting records are maintained by the organization and by which revenues and expenses of the Association are recorded financial regulation is adhered to.
4) the annual accounts are presented for discussion and adopted by the administrative board in the presence of the Mini-Assembly and ” administrative board ” must disclaim its responsibility in a maximum of two months from the date of submission of the financial report.
Article (35) the Association are entitled to get all the benefits of financial and customs exemptions and tax submitted by the State in accordance with the provisions of law .

Part VI: General Considerations
           Dissolution and liquidation or integration and fragmentation
Article (36) dissolve of the Association and liquid their funds shall be  in any of the following cases:
1) a shortage of members of the Assembly to be less than the number specified in Article (2) of NGO law.
2) If it is proved breaching of the basic principles and objectives of the Association or exit of the provisions of the law and its implementing regulations or the Articles of Association and in accordance with judicial judgment was issued by a competent court.
Article (37) in any of the cases mentioned in article (36) of the Statute, the provisions of articles (46,45,44) of the Law No. (1) for the year 2001 shall be applied.
Article (38) The Association may be integrated with one or more similar in goals and objectives Associations within the framework of the Association and in such case a decision of merge must be issued and approved  by two-thirds majority votes of the members of the Assembly of each, nor their decisions effected but after confirming of the ministry  from safety procedures of integration and the new association  acquires legal personality in accordance with the provisions of the law.
Article (39) The decisions of the merger movement is like a contract under which the rights and obligations and assets of the Association before the merger move to the new Association.
Article (40)
1)After approval of two–thirds majority of the members of the Mini-Assembly ,the activity of the Association may be split into two associations or more in accordance with the public interest of the geographical scope.
2) The decisions of a split is like contract under which rights, obligations and assets of the Association before the division are distributed to the new associations and the new association are gaining new legal personality in accordance with the provisions of the law of associations and NGOs No. (1) for the year 2001.
3) The Mini-Assembly shall appoint a chartered accountant when deciding to take the decision of split to take the role of distribution of rights, obligations and assets of the Association before the division to the new associations.

Chapter VII General Provisions
Article (41) The Association is based on the principle of trust between all the members and prohibits all members of non-infringement on the sanctity of defamation and libel.
Article (42): the association or its property shall be prohibited to be used outside the purpose for which it was created .
Article (43 the resigning or dismissed or deceased member or the heirs of the deceased or those who remain is incapacitated for any reason any of the membership rights provided for in Article (13) of the Statute .
Article (44) This statute is considered binding on the members of the association from the date of approval of the Mini-Assembly and must be guaranteed by including provisions.
Article (45) the competent administrative authority is the Ministry of Social Affairs and Labor and has the right to practice all the powers granted to it in the Law and the Regulations and the right regulatory and legal supervision on the Association and in particular, have to do the following:
1) approval of decisions issued by the two-thirds of the members of the Mini-Assembly on dissolve or liquidation or merger and the issuance of a ministerial decision to do so.
2) ratify the decisions of the two-thirds of the members of the Mini-Assembly on withdrawal confidence from some of the assigned members of the administrative board or a committee of Inspection and Control .
3) When holding an extraordinary or ordinary meeting of the Mini-Assembly the official authority must be informed ahead of time up to a maximum “15” days.
Article (46) the administrative board must submit the official competent authority with the following documents:
1) copy of each final account for each ending financial year in the period up to the end of March of the new fiscal year.
2) A copy of the annual reports whether financial or administrative.
3) the permission granted to the Association to practice the activity shall submit to the competent administrative authority to be renewed according to what is specified in the law of associations and institutions and  its executive regulations.
     Article (47) Under this statute, the administrative board prepare and issue internal regulations governing the work of the Association.
 Article (48) describing  the logo: –
– The general shape: circular
– Description of the logo from the outside: – semi-circular bar base with Beige on which the name of the association is written in black and stand on the both sides of the tape inward two diagonal yellow neighboring ears.
– Description of the logo from the interior: – black circle finished from top with three black nested loops and at the middle of the circle from inside there is a wall of red brick building based on nested network gives rectangular shapes  represent the base of the building.
Article (49) Unless otherwise text is not mentioned in this statute, it is the provisions of the law of associations and NGOs No. (1) for the year 2001 and its implementing regulations shall referred to.

Issued by the Assembly at its extraordinary meeting held on 22/1/2010.