Pakistan Ismaili constitution - rules and regulations

mahebubchatur · Post by **mahebubchatur** » Sat Aug 15, 2015 10:47 am

In addition to the Constitution and the Rules and Regulations which are formal documents available to Jamat and to the public if necessary.

SUMMARY OF THE RULES AND REGULATIONS FOR PAKISTAN

The Constitution provides that the Jamat in individual countries would have their own Rules and Regulations, which would make detailed provision for their governance and for their institutions. The Rules and Regulations for Pakistan were promulgated on 11th July 1987, when the Constitution came into effect in Pakistan.

The following is a brief summary of the overall structure of institutions in Pakistan as described in the Rules and Regulations.

The Council Structure

Pakistan continues to have a three tier Council system, with Local Councils, and Regional Councils and a National Council.

The premier Council in Pakistan is “His Highness Prince Aga Khan Shia Imami Ismaili Council for Pakistan”. This Council has a President and a Vice President (in fact two Vice-Presidents since 2000). Each Regional and Local Council has a President and an Honorary Secretary. However, the heads of other Bodies, including the Tariqah and Religious Education Board and the Central Institutions are designated “Chairmen”, so as to distinguish them from the heads of Councils.

The Ismaili Constitution, October 2006

Mahomed J. Jaffer Barrister –at-Law

17 Functions, Powers and Duties of the National Council

The functions, powers and duties of the National Council are to perform and do all acts and things to achieve the aims and objects of the Councils as set out in the Constitution. It has such authority and discretion as are necessary for the purpose of carrying out and furthering such aims and objects. In particular the National Council has the following specific functions, powers and duties, among others:

Policy Making:
• to act as the principal policy planning body of the Jamat. National Objectives and Strategies:

• to prepare annually objectives and corresponding strategies for the fulfillment of such objectives together with consolidated capital and operating budgets in respect of all Councils.

Supervision and Management:

to supervise all Councils and all organizations and committees registered with it;

to review regularly the working of all Regional Councils;

to appoint committees, which may be composed of persons who are not members

of the Council, and to delegate to such committees such of its functions, powers

and duties as it considers necessary;

to prepare such forms or registers as may be necessary for the proper discharge of

its functions, powers and duties including the preparation of forms and registers for the registration of births, engagements, marriages, divorces and deaths;

Co-ordination:

• to optimize the sue of resources and for such purpose to co-ordinate the Central Institutions and the Tariqah and Religious Education Board in attaining their respective annual objectives and corresponding strategies and the implementation of their respective programmes;

Audit:

• to co-operate with the Grants and Review Board to enable it properly to assess compliance by the National Council and all organisations and committees

The Executive Committee is empowered to exercise the powers and discharge the functions and duties of the National Council as shall be delegated to it by the National Council. However, the Executive Committee is also competent to deal with all matters within the responsibility of the National Council which require urgent attention.

19 • to supervise within its area of jurisdiction all Local Councils and all organisations and committees registered with it;

• to review regularly the working of Local Councils; 20

• to appoint Committees, which may be composed of persons who are not members of the Council, and, for a specified time and for a specified purpose, to delegate to such committees such of its functions, powers and duties as it considers necessary;

Co-ordination:

• to optimize the use of resources and for such purpose to co-ordinate the Regional Boards of the Central Institutions and the Regional Board of the Tariqah and Religious Education Board in attaining their respective annual objectives and corresponding strategies and the implementation of their respective programmes;

Audit:

• to co-operate with the Grants and Review Board to enable it properly to assess compliance by the Regional Council and all organisations and committees operating under the Regional Council with proper standards of financial discipline, accountability and cost and management effectiveness;

Functions, Powers and Duties of the Local Councils:

• The functions, powers and duties of each Local Council are to implement in its area of jurisdiction such policies as may be determined by the Regional Council having jurisdiction over it, and, subject to such policies and any directions received from the Regional Council, to perform and do all acts and things to achieve the aims and objects of the Councils as set out in the Constitution. Each Local Council has such power, authority and discretion as are necessary for the purpose of carrying out and furthering such aims and objects;

THE CENTRAL INSTITUTIONS

Mawlana Hazar Imam has caused the following Central Institutions to be established in Pakistan

Aga Khan Economic Planning Board;

Aga Khan Education Service
Aga Khan Health Service
Aga Khan Planning & Building Service

Aga Khan Social Welfare Board.

Khan Youth and Sports Board .

Khan Economic Planning Board; Khan Education Service
Khan Health Service
Khan Planning & Building Service Khan Social Welfare Board.

Khan Youth and Sports Board .

Aga Khan Economic Planning Board

The authorised objectives and current policies of the Aga Khan Economic Planning Board are:

to keep the economic status of the Jamat under review;

to improve the economic well-being of the Jamat by identifying and, through such

media as exhibitions, seminars, lectures and workshops, guiding members of the Jamat to industries, businesses, professions or employment in viable sectors of the national economy;

assisting members of the Jamat to obtain advice or assistance in connection with their industries, businesses, professions, or employment;

promoting the formation of mutual assistance entities including (without limitation) co-operative societies;

encouraging, fostering and cultivating the practice of regular saving and capital growth within the Jamat;

encouraging, fostering and cultivating the spirit of enterpreneurship within the Jamat;

to liaise and co-operate with the Apex Institutions and with other institutions and programmes having similar aims and objects;

with the prior approval of the National Council, to establish regional and local boards or branches in different areas of Pakistan;

Aga Khan Education Service:
The authorised objectives of the Aga Khan Education Service are set out in its

Memorandum of Association and these together with its current policies are:

to devise and implement strategies for improving standards of education and academic achievement of children and adults by:

establishing, promoting and operating educational institutions and developing the requisite manpower;

conceptualizing, establishing, organizing, promoting and operating specific programmes for such purposes;

organizing courses, seminars and study groups;

offering bursaries, scholarships and grants;

offering career counselling and establishing aptitude testing units;

to liaise and co-operate with the Apex Institutions and with other institutions and programmes having similar aims and objects;

to establish regional and local boards or branches in different areas of Pakistan and to advise the National Council thereof.

Aga Khan Health Service:

The authorized objectives of the Aga Khan Health Service are set out in its

Memorandum of Association and these together with its current policies are:

to devise and implement strategies for improving health services and standards of health, hygiene and sanitation by (without limitation):

establishing, promoting and operating health institutions and developing the requisite manpower;

conceptualizing, establishing, organising, supporting and operating programmes promoting primary health care and other projects for the prevention, treatment, and elimination of diseases and sicknesses of all kinds;

offering bursaries, scholarships and grants for the pursuit of studies in hospital administration or in the health sciences;

to liaise and co-operate with the Apex Institutions and with other institutions and programmes having similar aims and objects;

to establish regional and local boards or branches in different areas of Pakistan and to advise the National Council thereof;

Aga Khan Building & Planning Service:

The authorized objectives and current policies of the Aga Khan Building and Planning Service are as follows:

• to devise and implement strategies for improving the availability and quality of housing by :

suggesting improvements to the financial concepts upon which housing co- operatives, societies and associations of the Jamat are predicated;

promoting the development of new housing and encouraging owner occupation;

promoting modern techniques of construction management and project control for economic and efficient building;

suggesting architectural plans and improvements in plans submitted by members of the Jamat;

encouraging the adoption of the highest standards of hygiene and sanitation as a means of improving the quality of habitat;

encouraging the adoption of modern developments in pollution control and energy conservation;

to liaise and co-operate with the Apex Institutions and with other institutions and programmes having similar aims and objects;

with the prior approval of the National Council, to establish regional and local boards or branches in different areas of Pakistan.

Aga Khan Youth and Sports Board:

The authorized objectives and current policies of the Aga Khan Youth and Sports Board are:

• to foster a spirit of goodwill, friendship and brotherhood by, for example:

promoting and encouraging recreational activities such as film shows, outings, art and craft exhibitions, cultural activities, scouting, summer camps and amateur sporting activities;

encouraging participation in local, national and international sporting competitions;

encouraging and creating an awareness of culture, tradition and heritage amongst the youth of the Jamat;

encouraging responsible citizenship and participation in civic activities; and

cultivating leadership qualities amongst the youth of the Jamat.

Aga Khan Social Welfare Board:
The authorized objectives and current policies of the Aga Khan Social Welfare Board

are:

• to review the position of those members of the Jamat who require assistance in marriage or marriage counselling or who are handicapped, elderly or needy or who suffer from some other hardship, difficulty or crisis and to devise and implement strategies for the improvement of their quality of life and (without limitation):

acting as a source of advice, help and assistance;

organizing activities to develop a spirit of companionship;

cultivating an awareness within the Jamat of its obligations towards them;

to liaise and co-operate with the Apex Institutions and with other institutions

and programmes having similar aims and objects;

with the prior approval of the National Council to establish regional and local

boards or branches in different areas of Pakistan. 24

In addition, the National Council has portfolio members responsible for:

(a) Communications and Publications;

(b) Legal Matters; and

(c) Women’s Activities.

Their duties and functions are set out in the Guidelines.

The Central Institutions

In addition to Central Institutions for Economic Planning, Education, Health and Building & Planning, there have been established two further Central Institutions – the Aga Khan Social Welfare Board and the Aga Khan Youth and Sports Board. The objectives and current policies of the Social Welfare Board include reviewing the position of members of the Jamat who require assistance in marriage or marriage counselling, or who are handicapped, elderly or needy, or who suffer from some other hardship, difficulty or crisis, and to devise and implement strategies for the improvement of their quality of life. The Youth and Sports Board’s principal aim is to facilitate and encourage development of youth and sports and to contribute towards implementation of programmes sponsored by one or more Apex Institutions.

The Tariqah and Religious Education Board

Parallel to the Council structure, the Tariqah and Religious Education Board is represented at the National, Regional and Local level. The Chairman of the Tariqah and Religious Education Board at each level, in his personal capacity, is also a member of his parallel Council.

The Grants and Review Board

The Grants and Review Board for Pakistan is responsible to ensure compliance with proper standards of financial discipline, accountability and cost and management effectiveness by all institutions which receive financial support from Mawlana Hazar Imam or the Jamat. Under the National Board, there are Regional Boards.

The Conciliation and Arbitration Board

The Constitution has established a major new organisation – the Conciliation and Arbitration Board. There is a National Board and also Regional Boards, which seek to resolve disputes between members of the Jamat with fairness, speed, confidentiality and without excessive cost, so that, in accordance with the tradition of the Jamat, disputes are resolved by mediation conciliation and arbitration within the Jamat itself. If there

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are any appeals from the National Board, they will lie to the International Conciliation and Arbitration Board, whose reports are submitted to Mawlana Hazar Imam.

Appointments and term of office

The Rules and Regulations make detailed provision for the procedure for appointments. There is a consultative process, which results in recommendations to Mawlana Hazar Imam, and applies in respect of all appointments to all Councils and institutions of the Jamat.

The term of office of all appointees is three years, and, unless there are exceptional circumstances, it is not expected that a person will serve in the same position for more than two terms. This should provide an opportunity for participation to a greater number of members of the Jamat, and encourage voluntary service to the Imam and the Jamat, which is the tradition of Ismailis.

General

The rules for registration of organisations of the Jamat have been simplified and made uniform. Any entity or body of persons which seeks to function within the Jamat, or which seeks the use of facilities of the Jamat, will need to be registered with the National Council, if its activities are nationwide, or with the relevant Regional or Local Council depending on the area of its operation.

There is a provision that no funds may be collected from the Jamat without first obtaining the permission of the National Council. Any Body or individual which is granted permission will be required to render an account, and the Grants and Review Board is empowered to carry out an audit and submit its report to the National Council, and the Local Council in whose jurisdiction the funds are raised. Such provisions are for the security and benefit of the Jamat, so that it is clearly demonstrated to all, that funds raised have been used exclusively for the purpose for which permission was granted.

Guidelines:

In addition to the Constitution and the Rules and Regulations which are formal documents available to Jamat and to the public if necessary, Mawlana Hazar Imam has approved certain Guidelines. The Guidelines are not a public document, their purpose being to assist in the implementation of the Constitution and Rules and Regulations by establishing certain conventions and procedures. They are nevertheless very important for internal governance in the Jamat, and are of particular relevance for reference by senior National Council members and institution heads. They are available with the National Councils and other institutions on a need to know basis. They deal with topics such as linkages between institutions, correct nomenclature and correct use of stationery to be used by Councils and institutions of the Jamat, rules of procedure applicable to betrothal and marriage ceremonies, precedence in Jamatkhana, social precedence at functions organized at the National Council and Regional and Local Council jurisdictions, announcement in Jamatkhanas, use of visiting cards and similar matters.