THE RULES AND REGULATIONS OF THE SHIA IMAMI...

66
THE R U L E S A N D REGULATIONS OF THE S H I A I M A M I I S M A I L I MUSLIMS IN T H E E U R O P E A N UNION

Transcript of THE RULES AND REGULATIONS OF THE SHIA IMAMI...

Page 1: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

T H E R U L E S A N D R E G U L A T I O N S

O F

T H E S H I A I M A M I I S M A I L I M U S L I M S

I N T H E E U R O P E A N U N I O N

Page 2: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

T A B L E O F CONTENTS

R E G U L A T I O N P A G E

1 Tide, Definitions and Interpretation 9-11

2 Applicability 11

T H E C O U N C I L S

3 The Council for The European Union 11

4 National Councils 11

5 Name, Headquarters and Area of Jurisdiction 12

6 Functions, Powers and Duties

of the National Councils 12-19

7 Composition of the Councils 19

8 Presidents of the Councils 19-20

9 Executive Committee of the National Councils 20

10 Vice-President of the Councils 21

T H E C E N T R A L INSTITUTIONS

11 Establishment 21-22

12 Name, Headquarters and Area of Jurisdiction 22

13 Aga Khan Economic Planning Boards 22-23

14 Aga Khan Education Boards 23-24

15 Aga Khan Health Boards 24-25

16 Functions, Powers and Duties

of Central Institutions 25-26

17 Composition of the Central Institutions 26

18 Ruies of Procedure applicable

to the Central Institutions 27

Page 3: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

R E G U L A T I O N P A G E

T H E T A R I Q A H AND RELIGIOUS E D U C A T I O N BOARJDS

19 National Boards 27

20 Name, Headquarters and Area of

Jurisdiction 27

21 Functions, Powers and Duties of the

Tariqah and Religious Education Boards 27-29

22 Composition of the Tariqah and

Religious Education Boards 29

T H E GRANTS AND R E V I E W BOARDS

23 National Boards 29-30

24 Name, Headquarters and Area of Jurisdiction 30

25 Functions, Powers and Dudes

of the Grants and Review Boards 30-31

26 Composition of the Grants and Review Boards 31

N A T I O N A L C O N C I L I A T I O N AND A R B I T R A T I O N BOARDS

27 National Conciliation and Arbitration Boards 31-32

28 Name, Headquarters and Area of Jurisdiction 32

29 Functions, Powers and Duties of the

National Conciliation and Arbitration Boards 32-33

30 Composition of the National Conciliation

and Arbitration Boards 33

PROVISIONS A P P L I C A B L E TO A L L BODIES

31 Procedure for Appointments

Page 4: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

R E G U L A T I O N P A G E

32 Term of Office 34

33 Maximum Number of Terms 35

34 Oath of Office 35

35 Hand-over Procedure 35

36 Cessation and Suspension of Membership 35-37

37 Chairmen 37-38

38 Honorary Secretaries 38-39

39 Vacancies 39

40 Validity of Decisions 40

41 Meetings 40

42 Management Procedures 41

43 Ex Officio Members 41

44 Misconduct 41

45 Invitation to Participate in Meetings 41

46 Quorum 41-42

47 Voting 42

48 Procedural Language 42

O T H E R ENTITIES OR BODIES OF PERSONS

49 Registration 43-44

50 Entities and Bodies of Persons with

Similar Objects 45

51 Entities and Bodies of Persons to follow

their own Statutes or By-laws 45

52 Audit and Annual Reports 45

53 Reports of Activities -5

54 Action against Registered Entities or

Bodies of Persons 46-47

Page 5: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

R E G U L A T I O N P A G E

M U K H I S AND K A M A D I A S

55 Functions, Powers and Duties of Mukhus

and Kamadias of Jamatkhanas 47-48

56 Functions, Powers and Duties

of Mukhis and Kamadias of Majalis 48

57 Term of Office 48-49

58 Vacation of Office 49-50

59 Absences and Vacancies in Mid-Term 50-51

P E R S O N A L L A W

60 Personal Law 51-52

M I S C E L L A N E O U S

61 Collection of Funds 52

62 Record of Title Holders 52

63 Petitions 53

64 Governing Language and Publication 53

S C H E D U L E

ONE T H E COUNCILS 54-56

TWO T H E C E N T R - \ L INSTITUTIONS 57-59

THREE T H E T A R I Q A H AND RELIGIOUS

E D U C A T I O N BOARDS 60

FOUR THE GRANTS AND REVIEW BOARDS 61

FIVE THE CONCILIATION AND APdSITRATION BOARDS 62

Page 6: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

SIX APPOINTMENTS

SEVEN T H E O A T H OF OFFICE

Page 7: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

B I S M I - L L A H I - R - R A J r E V L A M - R - R A H I M

W H E R E A S :

(A) The Constitution of the Shia Imami Ismaili Muslims ordained on 13th December 1986

recites that Mawlana Hazar Imam enjoys full authority of governance over and in

respect of all religious and Jamati matters of the Ismaili Muslims.

(B) The Ismaili Constitution states that Mawlana Hazar Imam has sole authority to

constitute or discontinue any body or organisation under any such constitution and

define or change its composition, functions, jurisdiction or powers.

(C) Pursuant to the Ismaili Constitution the Rules and Regulations applicable to France,

Portugal, Tne United Kingdom and other territories more particularly specified

therein were ordained on 11th July 1987.

P ) It is the desire and Hidayah of Mawlana Hazar Imam that a new Council for Tne

European Union be established and accordingly that the existing Rules aid

Regulations applicable to France, Portugal and The United Kingdom be substituted

by new Rules and Regulations.

NOW T H E R E F O R E :

By THIS CONSTITUTIONAL I S S T R L M E N T and in exercise-of the authority vested in

me as Hazar imam and recited in the Constitution, I. S H A H K A R I M A L HUSSAENT AGA

K H A N am pleased to ordain A N D DO H E R E B Y ORDAIN:

6

Page 8: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

T H A T subject to the transitional provisions contained in Article 2 of this

Constitutional Instrument the following Rules and Regulations be and are

hereby repealed with effect from the date hereof:

1.1 Tne Rules and Regulations of the Shia Imami Ismaili Muslims in

France;

1.2 Tne Rules and Regulations of the Shia Imami Ismaili Muslims i n

Portugal; and

1.3 Tne Rules and Regulations of the Shia Imami Ismaili Muslims in The

United Kingdom

T H A T notwithstanding the provisions of Article 1 hereof and save as

otherwise expressly provided:

2.1 any power, authority or act validly exercised or done under any former

rules and regulations shall remain fully effective as if it or they had not

been repealed; and

2.2 any cause or matter pending under any former rules and regulations

shall be deemed to be pending under the rales and regulations

hereinafter appearing, and shall be disposed of and determines i n

accordance with those rules and regulations.

T H A T the Rules and Regulations hereinafter appearing shall apply in respect

of The European Union and other territories more particularly speeded

therein.

Page 9: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

O R D M N E D under the Sign Manual and Seal of Mawlana Hazar Imam Shah Karim al

Hussaini His Highness Prince Aga Khan the Forty-Ninth Imam of the Shia Imami Ismaili

Muslims as of the Tnirteenth day of December One Tnousand Nine Hundred and Ninety Six

being the Second day of Shaman One Thousand Four Hundred and Seventeen (Hijrah), in

the Fortieth year of his Imamat.

A G A K H A N

g

Page 10: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

1. Title, Definitions and Interpretation

1.1 This document shall be known as "The Rules and Regulations of the

Shia Imami Ismaili Muslims in The European Union".

1.2 Tne words and expressions defined in the Constitution shall have the

same meanings herein and subject thereto the words and expressions

set out below shall have the meanings set out opposite them unless the

contrary intention appears.

"Body" Any Council, any Central Institution, any

Tariqah and Religious Education Board, any

Grants and Review Board or any National

Conciliation and Arbitration Board as the

context may require.

"Constitution" Tne Constitution of the Shia Imami Ismaili

Muslims ordained by Mawlana Hazar Imam

on 13th December 1986.

"Council for Tne His Highness Prince Aga Khan Shia Imami

European Union" Ismaili Council for The European Union

"European Issue" Any issue or matter which the Council for

The European Union considers appropriate

to be designated as an European Iss;e and

which affects, concerns or otherwise relates

to the Jamat in the European Union.

"Majlis" or A group of Ismailis formed with the

(plural) "Majalis" approval of Mawlana Hazar I mar. for

Tariqah practices.

9

Page 11: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

"Member" A member of a Council or a Central

Institution or a Tariqah and Religious

Education Board or a Grants and Review

Board or a National Conciliation and

Arbitration Board.

"Petition" A written communication of a personal

nature by a murid to Mawlana Hazar Imam

within the privileged relationship of the

Ismaili Tariqah and submitted to him

personally or through a Council.

"Rules and Regulations" Tne Rules and Regulations set out in this

document.

The rules of construction set out in paragraphs (a) to (e) inclusive of

Article 2.3 of the Constitution shall apply equally herein.

Headings are inserted in this document for ease of reference only and

do not form part of it for the purpose of construction.

Tne failure at any time to require performance by any person of any

provision of these Ruies and Regulations shall in no way affect the

right to require such performance, and any waiver in respect of aiy

person of any breach of any provision hereof shall not be construed i s

a waiver of any continuing or succeeding breach of that provision.

These Rules and Regulations shall be read with:

(a) the Constitution, and in the even; of conflict the Constitution

shall prevail: and

Page 12: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(b) any Farman made after the date hereof, and in the event of

conflict the said Farman shall prevail, and a later Farman shall

prevail over an earlier.

2. Applicability

2.1 These Rules and Regulations shall come into force on 13th December

1996.

2.2 These Rules and Regulations shall apply to the Jamat in Tne European

Union and other territories specified herein subject only to the

overriding effect of any applicable laws of the land of abode of ajiy

Ismaili to the extent of any inconsistency.

T H E COUNCILS

3. The Council for The European Union

The Council for The European Union particulars of which are set out

in Part I of Schedule One has been established under the Constitution

with the aims and objects specified in Article Five thereof.

4. National Councils

The National Councils for France, Portugal and The United Kingdom

particulars of which are set out in Part II of Schedule One were,

established under the Constitution with the aims and objects specified

in Article Five thereof.

11

Page 13: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

5. Name, Headquarters and Area of Jurisdiction

The name, location of headquarters and area of jurisdiction of

each Council shall be as specified in Schedule One.

6. Functions, Powers and Duties of the Councils

6.1 The functions, powers and duties of the Councils shall be to perform

and do all acts and things within their jurisdiction to achieve the aims

and objects of the Councils as set out in the Constitution and each of

them shall have such authority and discretion as are necessary for the

purpose of carrying out and furthering such aims and objects.

6.2 Without limitation to the generality of Regulation 6.1. the Council for

Tne European Union shall have the following specific functions,

powers and duties within its area of jurisdiction:

(a) Policy Making:

to act as the principal policy planning body o f

the Jamat in respect of European Issues;

(b) Planning:

to prepare perspective and development plan; in

respect of European Issues;

(c) European Objectives and Strategies:

to prepare annually objectives and corresponding

strategies for the fulfilment of such objectives

together with consolidated capital and operamg

12

Page 14: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

budgets in respect of European Issues and to

facilitate the implementation of such strategies

through the National Councils in The European

Union or where appropriate to implement such

strategies directly itself;

Supervision and Management:

(i) in respect of European Issues to supervise within

its area of jurisdiction all Councils and all

organisations and committees registered with it;

(ii) to review regularly the workings of all National

Councils in The European Union in respect o f

European Issues;

(iii) to appoint committees, which may be compcse-d

of persons who are not members of the Council,

and, for a specified time and for a specified

purpose, to delegate to such committees sucii o f

its functions, powers and duties as it considers

necessary;

(iv) to open bank accounts and determine the manner

of operation thereof: and

(v) to prepare such forms or registers as may be

necessary for the proper discharge of its

functions, powers and duties.

13

Page 15: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

Co-ordination:

to optimise the use of resources in respect of

European Issues and for such purpose to

co-ordinate the National Councils, the Central

Institutions and the Tariqah and Religious

Education Boards in Tne European Union so as

to assess, oversee and evaluate the translation of

policy on European Issues into actuality-;

Audit:

to co-operate with the Grants and Review Board

functioning in the headquarters city of the

Council for Tne European Union to enable i t

properly to assess compliance by the Council

and all organisations and committees operating

under it with proper standards of financial

discipline, accountability and cost ar,d

management effectiveness;

Disciplinary' Action:

to refer any matter requiring disciplinary action

to such National Conciliation and Arbitration

Board as it may determine:

Amendments to these Rules and Regulations:

to make recommendations to Mawlana Haar

Imam for ar.v amendment to these Rules aid

Page 16: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(;) Legal Proceedings:

to institute or defend legal proceedings in

respect of European Issues or to submit any

dispute involving an European Issue to

conciliation or arbitration and to authorise any

member to sign and verify all pleadings,

affidavits or papers relating to such proceedings;

(j) General:

to deal with all matters that may be assigned o r

entrusted to it by Mawlana Hazar Imam either

generally or specifically.

Without limitation to the generality of Regulation 6.1, but subject to

directions received from the Council for Tne European Union each

National Council shall have the following specific functions, powers

and duties within its area of jurisdiction;

(a) European Policy Making:

to bring to the attention of the Council for The

European Union any matters which it considers shoaid

be an European Issue;

(b) National Policy Making:

to implement within its area of jurisdiction such polices

as may be determined by the Council for Tne Europert

Union and, subject to such policies and any directions,

received from the Council for The European Union, to

act as the principal policy planning body of the Janu;

Page 17: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

National Planning:

to prepare perspective and development pians and witii

the prior approval of Mawlana Hazar Imam to

undertake social welfare surveys of the Jamat;

National Objectives and Strategies:

to prepare annually objecdves and corresponding

strategies for the fulfilment of such objecdves together

with consolidated capital and operating budgets for the

National Council;

Supervision and Management:

(i) to supervise every organisation and committer

registered with it;

(ii) to appoint committees, which may be composed o f

persons who are not members of the Council, and, tor

a specified time and for a specified purpose, to delegate

to such committees such of its functions, powers and

duties as it considers necessary:

(iii) to open bank accounts and determine the manner o f

operation thereof; and

(iv) to prepare such forms or registers as may be necessary

for the proper discharge of its functions, powers r d

dudes including (without limitation) the preparation o f

forms and registers for the registration of birri ,

engagements, marriages, divorces and deaths;

16

Page 18: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

Co-ordination:

to optimise the use of resources and for such purpose to

co-ordinate the Central Institutions and the Tariqah and

Religious Education Board in attaining their respective

armual objectives and corresponding strategies and the

implementation of their respective programmes;

Audit:

to co-operate with the Grants and Review Board

functioning in the Council's area of jurisdiction to

enable it properly to assess compliance by the National

Council and all organisations and committees operating

under the National Council with proper standards o f

financial discipline, accountability and cost and

management effectiveness;

Disciplinary Action:

to refer any matter requiring disciplinary action to :he

National Conciliation and Arbitration Board functioning

in the Council's area of jurisdiction;

Titles of Honour:

when directed by Mawlana Hazar Imam to subnit

recommendations for the conferment of Titles of

Honour, citations for meritorious services, precedence

and medals. In submitting such recommendations ?:,e

National Council may (in accordance with smh.

directions as may be received from Mawlana Kaar

Page 19: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

Imam) obtain nominations for such distinctions from the

Central Institutions, the Tariqah and Religious

Education Board, the Grants and Review Board, Mukhis

and Kamadias, the Nadonal Conciliation and Arbitration

Board and any other entities or bodies of persons

functioning in the Council's area of jurisdiction;

Visits of Mawlana Hazar Imam:

to act as the principal body for organising and

co-ordinating visits of Mawlana Hazar Imam to the

Jamat in its area of jurisdiction;

Amendments to these Rules and Regulations:

(i) to make recommendations to Mawlana Hazar Imam for

any amendment to these Rules and Reguladons; and

(ii) at the request of any Central Institution, the Tariqah and

Religious Education Board, the Grants and Review

Board, or the National Conciliation and Arbitradon

Board functioning in the Council's area of jurisdiction

to submit their recommendations for any amendment to

these Rules and Regulations together with me

observations (if any) o: the National Council on stch

recommendations;

L-egal Proceedings:

to institute or defend legal proceedings involving he

Jamat in its area of jurisdiction or to submit any dispute-

involving the Jamat in its area of jurisdiction to

13

Page 20: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

conciliation or arbitration and to authorise any member

to sign and verify all pleadings, affidavits or papers

relating to such proceedings; and

(m) General:

to deal with all matters that may be assigned or

entrusted to it by Mawlana Hazar Imam either generally

or specifically and to deal with all matters which have

not been specifically assigned to any other organisation

or committee.

Composition of the Councils

The Council for The European Union and the National Councils stall

be composed of such Members as are specified in Schedule One.

Presidents of the Councils

8.1 Tne President of a Council shall have such funcdons and authority as

are specified in Regulation 37 in respect of the Chairman of a Body.

8.2 Tie President of a Council shall be in charge of and responsible for

the safe custody of all its correspondence, files and records.

8.3 The President of a Council shall bring before each meeting all reievait

papers, motions and proposals of business to be transacted at sun

meeting.

8.4 The President of a Council shall ensure that a correct record of ts

meetings is maintained in its minute books.

19

Page 21: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

8.5 The staff of a Council shall report to and be under the administrative

control of the President.

Executive Committee of a National Council

9.1 A National Council may appoint an Executive Committee composed

of the following:

(a) the President;

(b) the Vice-President;

(c) the Chairmen of the Central Institutions; and

(d) such other members as the National Council may from time to

time determine.

9.2 The Executive Committee shall exercise such of the powers and

discharge such of the functions and duties of the National Council as

shall be delegated to it by the National Council, which may impose

such limitations on the delegated functions, powers and duties a i t

deems fit and may at any time vary or revoke such delegation.

9.3 Notwithstanding Regulation 9.2, the Executive Committee shall be

competent to deal with all matters within the responsibility of the

National Council which require urgent attention.

9.4 The Executive Committee shall, at each regular meeting of he

National Council, submit a report of ail its activities and decision

taken since the preceding regular meeting.

Page 22: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

10. Vice-Presidents of the Councils.

10.1 Tne Vice-President of a Council shall act for the President of the

Council and exercise all powers and be responsible for all dudes of

that office:

(a) during any period when the President is out of the area of

jurisdiction of the Councti; or

(b) i f in the opinion of a simple majority of the Members

(excluding the President) of the Council, the President is

incapacitated from penorrting the functions and duties of his

office, and any such decision of the Council shall forthwith be

communicated to Mawlana Hazar Imam.

10.2 The Vice-President of a Council shall perform such duties as are

assigned to him by the Council or by its President.

T H E C E N T R A L INSTTTUTTONS

11. Establishment

11.1 Mawlana Hazar Imam has caused the following Central Institutions :o

be established in Europe:

(a) Aga Khan Economic Planning Boards for:

(i) France

(ii) Portugal; and

(iii) The United Kingdom

i . i

Page 23: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(b) Aga Khan Education Boards for;

(i) France

(ii) Portugal; and

(id) The United Kingdom

(c) Aga Khan Health Boards for;

(i) Portugal; and

(ii) Tne United Kingdom

Name. Headquarters and Area of Jurisdiction

The name, location of headquarters and area of jurisdiction of each

Central Institution shall be as specified in Schedule Two.

A g a Khan Economic Planning Boards

13.1 Tne authorised objectives and current policies of each Aga Khin

Economic Planning Board in its area of jurisdiction are as follows:

(a) to keep the economic status of the Jamat under review;

(b) to improve the economic well-being of the Jamat by (without

limitation):

(i) identifying and, through such media as exhibition'!,

seminars, lectures and workshops, guiding members of

the Jamat to industries, businesses, professions cr

employment in viable sectors of the national economy

Page 24: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(ii) assisting members of the Jamat to obtain advice or

assistance in connection with their industries,

businesses, professions, or employment;

(iii) promoting the formation of mutual assistance entities

including (without limitation) co-operative societies;

(iv) encouraging, fostering and cultivating the practice of

regular saving and capital growth within the Jamat;

(v) encouraging, fostering and cultivating the spirit of

entrepreneurship within the Jamat;

(vi) keeping the housing needs of the Jamat under review;

and

(vii) devising and implementing strategies for improving the

availability and quality of housing; and

(c) to liaise and co-operate with the Apex Institutions arid with

other institutions and programmes having similar aims and

objects.

Aga Khan Education Boards

14.1 The authorised objectives and current policies of each Aga Khan

Education Board in its area of jurisdiction are as follows;

(a) to devise and implement strategies for improving standards o:

education and academic achievement of chddren and adults b\

(without limitation):

Page 25: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(i) establishing, promoting and operating educational

institutions and developing the requisite manpower;

(ii) conceptualising, establishing, organising, promoting and

operating specific programmes for such purposes;

(iii) organising courses, seminars and study groups;

(iv) offering bursaries, scholarships and grants;

(v) offering career counselling and establishing aptitude

testing units; and

(c) to liaise and co-operate with the Apex Institutions and with

other institutions and programmes having similar aims and

objects.

Aga Khan Health Boards

15.1 Tne authorised objectives and current policies of each Aga Khan

Health Board in its area of jurisdiction are as follows:

(a) to devise and implement strategies for improving health

services and standards of health, hygiene and sanitation by

(without limitation):

(i) establishing, promoting and operating health institutions

and developing the requisite manpower;

(ii) conceptualising, establishing, organising, supportingad

operating programmes promoting primary health care

and other projects for the prevention, treatment, aid

elimination of diseases and sicknesses of ail kinds; ad

Page 26: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(iii) offering bursaries, scholarships and grants for the

pursuit of studies in hospital administration or in the

health sciences; and

(b) to liaise and co-operate with the Apex Institutions and with

other institutions and programmes having similar aims and

objects.

Functions. Powers and Duties.of the Central Institutions

16.1 The functions, powers and duties of each Central Institution shall be

to perform and do all acts and things to achieve the aims and objects

of that Central Institution as set out in these Rules and Regulations,

and each Central Institution shall have such authority and discretion as

are necessary for the purpose of carrying out and furthering such aims

and objects.

16.2 Without limitation to the generality of Regulation 16.1 each Central

Institution shall have the following specific functions, powers and

duties in its area of jurisdiction:

(a) Objectives and Strategies:

to prepare annually objectives and corresponding

strategies for the fulfilment of such objectives together

with consolidated capital and operating budgets in

respect of the Central Institution;

(b) Supervision and Management:

(i) to appoint committees, which may be composed of

persons who are not members of the Central Institurict,

1^

Page 27: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

and, for a specified lime and for a specified purpose, to

delegate to such committees such of its functions,

powers and duties as it considers necessary;

(ii) subject to the approval of the National Council

functioning in the Central Institution's area of

jurisdiction, to open bank accounts and determine the

manner of operation thereof; and

(iii) to prepare such forms or registers as may be necessary

for the proper discharge of its functions, powers and

duties',

(c) A u d i t :

to co-operate with the Grants and Review Board

functioning in the Central Institution's area of

jurisdiction to enable it properly to assess compliance

by the Central Institution with proper standards of

financial discipline, accountability and cost and

management effectiveness;

(d) Disciplinary Action:

to refer any matter requiring disciplinary action to tie

National Council functioning in the Central Institutiofs

area of jurisdiction.

Composition of the Central Institutions

Each Central Institution shall be composed of such Members as zz

specified in Schedule Two.

26

Page 28: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

18. Rules of Procedure applicable to the Central Institutions

The Central Institutions shall be governed by and manage their affairs

in accordance with the provisions applicable to all Bodies as set out in

Regulations 31 to 48.

T H E T A R I Q A H AND RELIGIOUS E D U C A T I O N BOARDS

19. National Boards

19.1 The Tariqah and Religious Education Boards for:

(a) France;

(b) Portugal; and

(c) Tne United Kingdom

particulars of which are set out in Schedule Three were established

under the Constitution for the fulfilment of the functions and duties

specified in Article Eight thereof.

20. Name. Headquarters and Area of Jurisdiction

The name, location of headquarters and area of jurisdiction of each

Tariqah and Religious Education Board shall be as specified i,i

Schedule Three.

21. Functions, Powers and Duties of the

Tariqah and Religious Education Boards

21.1 The functions, powers and dudes of each Tariqah and Religious

Education Board shall be to perform and do all acts and things tc

achieve the programmes and objectives of the Tariqah and Religiow

Page 29: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

Education Board as set out in the Constitution and it shall have such

authority and discretion as are necessary for the purpose of carrying

out and furthering such programmes and objectives.

21.2 Without limitation to the generality of Regulation 21.1 each Tariqah

and Religious Education Board shall have the following specific

functions, powers and duties in its area of jurisdiction:

(a) Objectives and Strategies:

to prepare annually objectives and corresponding

strategies for the fulfilment of such objectives together

with consolidated capital and operating budgets for the

Tariqah and Religious Education Board;

(b) Supervision and Management:

(i) to appoint committees, which may be composed of

persons who are not Members of the Tariqah and

Religious Education Board, and, for a specified time

and for a specified purpose, to delegate to stcb

committees such of its functions, powers and duties as

it considers necessary;

(ii) to open bank accounts and determine the manner of

operation thereof; and

(iii) to prepare such forms or registers as may be necessary

for the proper discharge of its functions, powers aid

duties;

28

Page 30: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(c) Audit;

to co-operate with the Grants and Review Board

functioning in the Tariqah and Religious Educadon

Board's area of jurisdicdon to enable it properly to

assess compliance by the Tariqah and Religious

Educadon Board with proper standards of financial

discipline, accountability and cost and management

effectiveness; and

(d) Disciplinary Action:

to refer any matter requiring disciplinary action to the

National Council functioning in the Tariqah and

Religious Education Board's area of jurisdiction.

22. Composition of the Tariqah and Religious Education Boards

Each Tariqah and Religious Education Board shall be composed of

such Members as are specified in Schedule Three.

T H E GRANTS AND REVIEW BOARDS

23. National Boards

23.1 The Grants and Review Boards for:

(a) France:

fo) Portugal; and

(c) Tne United Kingdom

particulars of which are set out in Schedule Four were established

29

Page 31: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

under the Constitution with the aims and objects set out in Article Nine

thereof.

24. Name. Headquarters and Area of Jurisdiction

The name, location of headquarters and area of jurisdiction of each

Grants and Review Board shall be as specified in Schedule Four.

25. Functions, Powers and Duties of the Grants and Review Boards

25.1 Tne functions, powers and duties of each Grants and Review Board

shall be to perform and do all acts and things in its area of jurisdiction

to achieve the aims and objects of the Grants and Review Board as set

out in the Constitution, and it shall have such authority and discretion

as are necessary for the purpose of carrying out and furthering such

aims and objects.

25.2 Without limitation to the generality of Regulation 25.1, each Cants

and Review Board shall have tne following specific functions, powers

and duties in its area of jurisdiction:

(a) Capital and Operating Budgets:

(i) to collate, consolidate, analyse, submit to Mawlana

Hazar Imam and comment upon all budgets of all

Councils, Central Institutions, the Tariqah and Religious

Education Board, the Conciliation and Arbitration Board

and such other entities or bodies of persons operating in

its area of jurisdiction as Mawlana Hazar Imam miv

from time to time direct: arid

30

Page 32: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(ii) to prepare and submit annually to Mawlana Kazan Imam

its own capital and operating budget;

(b) Supervision and Management:

(i) to entrust, for a specified time and for a specified

purpose, to ad hoc committees, which may be

composed of persons who are not members of the

Grants and Review Board, such of its functions, powers

and duties as it considers necessary;

(ii) to open bank accounts and determine the manner o f

operation thereof, and

(iii) to prepare such forms or registers as may be necessary

for the proper discharge of its functions, powers aid

duties; and

(c) Disciplinary Action:

to refer any matter requiring disciplinary action to the

National Council functioning in its area of jurisdiction.

Composition of the Grants and Review Boards

Each Grants and Review Board shall be composed of such Members

as are specified in Schedule Four.

N A T I O N A L CONCILIATION AND ARBITRATION BOARDS

National Conciliation and Arbitration Boards

27.1 The National Conciliation and Arbitration Board for:

Page 33: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(a)

Co)

(c)

France;

Portugal; and

The United Kingdom

particulars of which are set out in Part I of Schedule Five were

established under the Constitution for the fulfilment of the purposes

specified in Article Thirteen thereof.

28. Name. Headquarters and Area of Jurisdiction

The name, location of headquarters and area of jurisdiction of each

National Conciliation and Arbitration Board shall be as specified in

Schedule Five.

29. Functions, Powers and Duties of the National

Conciliation and Arbitration Boards

29.1 The functions, powers and duties of each National Conciliation and

Arbitration Board shall be to perform and do all acts and things is its

area of jurisdiction to fulfil the purposes of the National Conciliation

and Arbitration Boards as set out in the Constitution and it shall have

such authority and discretion as are necessary for carrying out ind

furthering such purposes.

29.2 Without limitation to the generality of Regulation 29.1, each National

Conciliation and Arbitration Board may, in respect of any mater

referred to it, appoint a panel of persons comprising five or more

individuals not being Members of any ether Body to become seisecof

the said matter for and on behalf of but subject to the review of he

National Conciliation and .Arbitration Board.

29.3 Each National Conciliation and Arbitration Board shall have sub

Page 34: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

practice directions and rules of procedure, as it may from time to time

determine for the conduct of matters of which it is seised.

30. Composition of the National Conciliation and Arbitration Boards

Each National Concdiation and Arbitration Board shall be composed

of such Members as are specified in Schedule Five.

PROVISIONS A P P L I C A B L E TO A L L BODIES

31. Procedure for Appointments

31.1 The appointments' procedure for the Members of each Body shall be

as described in Schedule Six which indicates:

(a) in column (1), the name of each Body for which a procedure

for appointments is specified:

(b) in column (2), the tier of each Body for which a procedure for

appointments is specified;

(c) in column (3), the identity of those who will be required :o

submit panels of recommended names;

(d) in column (4), the cases in which panels of recommended

names should be submitted to Mawlana Hazar Imam and the

cases in which such panels should be submitted to one or other

of the various Bodies:

(e) in column (5), the latest time for submission cf tine panels c?

recommended names expressed as the remaining days of office

of Members in respect of whom die panels of names an

submitted;

33

Page 35: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(0 in column (6), the cases in which appointments will be made

by Mawlana Hazar Imam and the cases in which appointments

will be made by one or other of the various Bodies;

(g) in column (7), the expected duration of each term of office;

(h) in column (8), the expected maximum number of consecutive

terms of office; and

(i) in column (9), the cases in which any midterm vacancy should

be reported to Mawlana Hazar Imam and the cases in which

such vacancies should be reported to one or other of the

various Bodies.

31.2 A panel of recommended names submitted by any Body as provided

in column (3) of Schedule Six, shall contain the following information

in relation to each post in such format as may be required by the

Council administenng the process:

(a) the post being filled;

(b) the name of the incumbent holder of the post; and

(c) * three names (which shall not include the name of the incumbent

holder of the post) listed in order of preference for

appointment to the post together with brief particulars abcu

each person being recommended.

32. Term of Office

Ail Members shall continue in office for such period of yeas

commencing from and including the day on which the appointmert

becomes effective as is mentioned in column (7) of Schedule Six.

34

Page 36: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

Maxtau.ro N u m b e r of Terms

Except if otherwise directed by Mawlana Hazar Imam no Member

shall be eligible for reappointment immediately after serving in the

same office for such consecutive number of terms as is specified in

column (8) of Schedule Six.

path of Office

Every Member shall upon taking office, make and subscribe an oath

in the form set out in Schedule Seven.

Hand-over Procedure

35.1 Except for a cessation or suspension of membership as provided in

Regulation 36, Members of a Body shall continue in office until the

appointment of new Members becomes effective.

35 2 A l l retiring Members shall hand over charge of all relevant records,

files and papers to the newly appointed Members upon their taking

office.

Cessation and Suspension of Membership

36.1 A Member of any Body shall be deemed to have vacated his office in

any of the following events which shall forthwith be communicated in.

writing by the Body concerned to Mawlana Hazar Imam or to one or

other of the various Bodies in accordance with column (9) of Schedule

Six:

(a) if without valid reason he absents himself without leave of

absence from the Body for three consecutive meetings or for i

continuous period of three months, whichever is greater;

35

Page 37: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(b) if his resignation in writing is submitted to his appointor as

described in column (6) of Schedule Six;

(c) if his term of office has expired or is terminated by his

appointor as mentioned in column (6) of Schedule Six;

(d) if any other person is appointed in his place;

(e) if, being an ex officio Member, he ceases to hoid his

substantive office;

(f) i f he is certified or otherwise adjudged to be of unsound mind

or insane;

(g) if he is adjudged or otherwise declared a bankrupt;

(h) i f he is convicted of an offence and sentenced to imprisoninen t

or convicted of an offence involving moral turpitude;

(i) if in the opinion of a simple majority of the Members

(excluding himself) of that Body, he is unable to perform the

duties of his membership by reason of having permaneitiy

ceased to reside in the area of jurisdiction of that Body;

(j) if he ceases to be a Shia Imami Ismaili Muslim; or

(k) if he is expelled from the Jamat.

36.2 A Member shall be suspended for such period of time as the Body nay

determine if:

(a) in the opinion of a two-thirds majority of the Memoes

(excluding himself) of that Body, his conduct is likely to caue

36

Page 38: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

disaffection in the Jamat or in any manner to iower the dignity

or prestige of the Jamat or that Body; or

(fa) he discloses any confidential busmess of the Body and at least

a two-thirds majority of the Members (excluding himself) of

that Body vote for his suspension.

Chairmen

37.1 In this Regulation the term "Chairman'' shall be deemed to include, in

the case of any Council, the President thereof.

37.2 The Chairman of a Body;

(a) shall fix the date, time and place of its meetings and those of

its Executive Committee (if any);

fo) shall preside at all its meetings;

(c) may adjoum any meeting to another time and place as he ses

fit; and

(d) may declare any of its meetings or any matter as he sees fit, to

be confidential and, notwithstanding the provisions in

Regulations S.4 and 38.5, may direct that the discussion not be

minuted.

37.3 Tne Chairman of any National Body shall submit to Mawlana Hazar

Imam a report on the working and activities of the Body of which m

is Chairman and any organisations or committees for which it ii

responsible whenever required so to do by Mawlana Hazar Imam, bu:

at least once everv twelve months.

37

Page 39: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

37.4 The Chairman (or such person as may be authorised by him) shall

have responsibility for the appointment, remuneration, suspension and

dismissal of staff employed by the Body and the determination of their

functions, powers and dudes.

37.5 If the Chairman is satisfied that circumstances exist which render it

necessary to take immediate action falling within the functions, powers

and duties of the Body, he may give such directions as the

circumstances appear to him to require and shall inform the Body at

its next meeting of the action taken by him.

38. Honorary Secretaries

38.1 The Honorary Secretary of a Body shall act for the Chairman of that

Body and exercise all powers and be responsible for all dudes of that

office:

(a) during any period when the Chairman is out of its area of

jurisdiction; or

fo) if in the opinion of a simple majority of its Members

(excluding the Chairman), the Chairman is incapacitated from

performing the functions and duties of his office and any such

decision shall forthwith be communicated to the appointor of

that Chairman as specified in column (6) of Schedule Six.

38.2 The Honorary Secretary shall perform the duties assigned to him jy

the Body and shall be in charge of and responsible for the safe custody

of all its correspondence, files and records.

38.3 The Honorary Secretary shall assist the Chairman in the determination

of agendas for meetings of the Body and bring before such meetings

38

Page 40: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

ali relevant papers, correspondence, motions and proposals of business

to be transacted at such meetings,

38.4 The Honorary Secretary of a Body shall ensure that a correct record

of its meetings is maintained in its minute books.

38.5 The staff of the Body shall report to and be under the administrative

control of the Honorary Secretary.

39. Vacancies

39.1 If any vacancy occurs in the membership of a Body, that Body shall

as soon as possible submit a report thereof as indicated in column (9)

of Schedule Six advising whether, in its opinion, it is desirable to f i l l

such vacancy, in which case:

(a) panels of recommended names as provided by Regulation 3 I

shall be submitted together with its report; and

(b) the person appointed to fill the vacancy shall hoid office for

such period as remains of the term of office of the vacating

Member.

39.2 Each National Council may in respect of all Bodies functioning in Irs

jurisdiction (save for the Council for Tne European Union) in each

case (including a vacancy in the National Council itself) make such,

recommendation to Mawlana Hazar Imam as it sees fit to fill steh.

vacancy on a temporary basis.

39

Page 41: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

40. Validity of Decisions

40.1 No act, resolution or decision of a Body shall be invalid only by

reason of;

(a) any vacancy in its membership;

(b) any Member not being present throughout the consideration of

the matter; or

(c) any person not being a Member having taken part in its

proceedings.

41. Meetings

41.1 A Body shall meet as often as may be considered necessary by its

President or Chairman and in his absence by the Vice-President or

Honorary Secretary (as the case may be), but shall meet at least as

frequently as described below:

B O D Y F R E Q U E N C Y

Territorial Council Once every three months

Any other Body Once every month

41.2 An ordinary meeting of a Body may be held at a place other than its

headquarters if its President or Chairman (as the case may be) so

directs or if the Body so decides by simple majority of its Members.

-10

Page 42: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

Management Procedures

The Council for The European Union and each National Body shall

prepare its own management procedures for giving effect to these

Rules and Regulations and such management procedures shall come

into effect from such date as it may direct.

Ex officio Members

Tne rights, duties and obligations of ex officio Members shall be the

same as those of other Members.

Misconduct

Tne President or Chairman (including the Chairman for the time being

of any meeting) of a Body shall call to order any Member who uses

improper language or otherwise violates normal rules of politeness and

behaviour and shall require any Member who fails to observe such

order to leave the meeting.

Invitation to Participate in Meetings

A Body may invite any person to participate in any of its meetings

provided that any such person shall have no right to vote.

Quorum

46.1 Tne quorum for a meeting of a Body shall be such number o f

Members as is not less than one-third of the total number of Members

of the Body.

Page 43: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

46.2 If thirty minutes after the allotted dme for a meeting, the number of

Members of the Body present at the allotted place does not constitute

a quorum, the meeting shall stand postponed to such time and such

place as the Chairman of the Body shall direct. The number of

Members as is present thirty minutes after the allotted time at the

allotted place for the postponed meeting shall be a quorum.

47. Voting

47.1 Every Member of a Body shall have one vote and except where

otherwise specifically provided in these Rules and Regulations, all

questions before a Body shall be decided by a simple majority of its

Members present and voting.

47.2 Voting shall be by show of hands, but any Member present shall have

the right to require that votes be taken by ballot. In the case of a tie

the President, Chairman or the Member presiding at the meeting shall

decide the resolution by a casting vote.

48. Procedural Language

48.1 The proceedings and record of the Body shall be in any one or more

of English, French, Portuguese or such other language as the E-cdy

may from time to time determine.

48.2 Tne correspondence of the Body shall be in any one or more of

English, French, Portuguese or such other language as the Body nay

from time to time determine.

Page 44: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

O T H E R ENTITIES OR BODIES OF PERSONS

Registration

49.1 Any entity or body of persons (other than an Apex Institution), not

established by or under the Constitution or these Rules and

Regulations, which seeks to function within the Jamat or which seeks

the use of facilities of the Jamat shall be permitted to do so:

(a) only after registration as provided in this Regulation; and

(b) only for so long as such registration remains effective.

49.2 Any entity or body of persons required to be registered shall lodge its

application for registration with such Council as is appropriate having

regard to the geographical area of its proposed activities and as more

particularly described in the tabulation below :-

G E O G R A P H I C A L AREA R E G I S T E R I N G A U T H O R I T Y

Pan European Tne Council for Tie European Union

National Tne National Council in whose jurisdiction

the headquarters of the entity or body o f

persons is situated.

49.3 Any entity or body of persons required to be registered shall submit a.

copy of its statutes, by-laws or other document of incorporation or

association to the Council with which it seeks to be registered (its

"Registering Authority") and shall not put the same into operation uitil

approved by the Registering Authority.

Page 45: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

49.4 An application for registration may be rejected and, if rejected, there

shall be no obligation on the part of the Registering Authority to give

any reasons for such rejection.

49.5 Subject to Regulation 49.6 an application for registration may be

accepted and, i f accepted, it shall be for such period and subject to

such conditions as the Registering Authority may impose.

49.6 Where an application for registration is made by an entity or body of

persons whose proposed activity falls within the discipline of one or

more Central Institutions, the Registering Authority shall refer such

application to such Central Institutions. Tne Registering Authority

shall not admit the entity or body of persons to registration unless each

such Central Institution is satisfied that registration should be granted

and one such Central Institution has agreed to be responsible for

monitoring the activities of the entity or body of persons once

registered and to report regularly to the Registering Authority on the

activities of that entity or body of persons.

49.7 A Registering Authority which admits any entity or body of perscns

to registration shall forthwith despatch a copy of the certificate of

registration and a copy of the statutes by-laws or other document of

incorporation or association of the registered entity or body of persons

as indicated in the tabulation below:

Registering Authority Addressee

T ie Council for Each National Council within

Tne European Union its jurisdiction

Anv National Council Tne Council for Tne European Union

Page 46: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

50. Entities and Bodies of Persons with Similar Objects

In considering applications for registration, a Registering Authority

shall ensure that as far as possible and where desirable, entities and

bodies of persons having similar objects are amalgamated and

duplication of such entities and bodies of persons is discouraged.

51. Entities and Bodies of Persons to follow their own Statutes or Bv-Iaws

Every registered entity or registered body of persons shall function in

accordance with its aims and objects and shall act according to its

respective statutes by-laws or other document of incorporation or

association.

52. Audit and Annual Reports

52.1 Every registered entity or registered body of persons shall, once i n

every twelve months and in any event, not later than three months

after the end of its financial year:

(a) allow itself to be audited by such Grants and Review Board as

may be determined by its Registering Authority; and

(b) submit to its Registering Authority, a copy of its annual repcrt,

balance-sheet, statement of receipts and payments, and he

names and addresses of the members of its managing board or

the members of the body of persons as the case may be.

53. Reports of Activities

Every registered entity or body of persons shall keep its Register::.-;

Authority informed of its activities from time to time and shall supply

such information as may be reauired bv its Registering Authority.

45

Page 47: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

54, Action against Registered Entities or Bodies of Persons

54.1 A Registering Authority shall be entitied at any dme to take any one

or more of the courses of acdon specified in Regulation 54.2 in respect

of any entity or body of persons registered with it in any one or more

of the following circumstances provided that it has first given such

registered entity or registered body of persons an opportunity to be

heard:

(a) if its policies, management procedures or use of resources are

inconsistent with standards which the Registering Authority

wouid expect to be observed;

(b) if there is a dispute of a serious nature amongst the members

of the registered entity or registered body of persons; or

(c) if a report is received from the relevant Grants and Review

Board that the registered entity or registered body of persons

has failed to observe proper rules of financial management.

54.2 In exercise of the power given to it under Regulation 54.1, tie

Registering Authority may, in respect of any entity or body of persons

registered with it:

(a) specify corrective action to it;

(b) assume control of it;

fc) require the Central Institution (if any) responsible for

monitoring the registered entity or body of persons to assures

control of it:

46

Page 48: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(d) suspend its registration for a specified period;

(e) cancel its registration;

(f) require changes to be made to its statutes by-laws or other

document of incorporation or association; or

(g) appoint one or more members of its managing board.

54.3 If an order of suspension, or cancellation is made:

(a) the Registering Authority malting such order shall forthwith

notify the appropriate addressee in accordance with the

tabulation in Regulation 49.7; and

(b) the order shall be announced in such Jamatkhanas as the

relevant National Council may direct.

M U K H I S AND K A M A D I A S

Functions. Powers and Duties of Mukhis and Kamadias of Tamatkhaiias

55.1 Except i f otherwise directed by Mawlana Hazar Imam, the functions,

powers and duties of the Mukhi and Kamadia of a Jamatkhana shaiibe

as follows:

(a) to perform or arrange for the due performance of Taricah

practices;

(b) to register or arrange for the registration of birds,

engagements, marriazes. divorces and deaths;

Page 49: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(c) to maintain order, decorum, dignity, solemnity and discipline

in the Jamatkhana and at other assemblies, gatherings and

functions at which they officiate;

(d) to cultivate peace and harmony amongst members of the Jamat

and to bring to the immediate attention of the concerned

Council any situation, incident, or problem (whether within or

outside the Jamat) which is likely to impact or affect the peace

and tranquillity of the Jamat and to act in accordance with the

directives of the Council in relation thereto;

(e) to assist the Councils and the Tariqah and Religious Education

Boards in discharging their respective aims, objects and

programmes; and

(f) to do all acts and things necessary for the purposes aforesaid.

56. Functions. Powers and Duties of Mukhis and Kamadias of Maialis

It shall be the duty of the Mukhi and Kamadia of a Majlis to perform

or to arrange for the due performance of Tariqah practices at the

Majlis of which they are the Mukhi and Kamadia.

57. Term of Office

57.1 The Mukhis and Kamadias of Jamatkhanas and Majalis shall tei<5

office during the pleasure of Mawlana Hazar Imam.

57.2 A i l retiring Mukhis and Kamadias of Jamatkhanas and Majalis siaLL

continue in office until new Mukhis and Kamadias are appointet i n

their place.

•43

Page 50: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

57.3 The retiring Mukhi and Kamadia of a Jamatkhana shall hand over

charge to their successors immediately after the new appointments are

announced in that Jamatkhana.

57.4 Tne retiring Mukhi and Kamadia of a Majlis in respect of a

Jamatkhana shall hand over charge to their successors immediately

after the new appointments are announced in that Majlis.

58. V a c a t i o n of O f f i c e

58.1 A Mukhi or a Kamadia of a Jamatkhana or of a Majlis in respect of a

Jamatkhana shall be deemed to have vacated his office in any of the

following events:

(a) if his resignation in writing is submitted to Mawlana Hazar

Imam;

(b) if his term of office, has expired or is terminated by Mawkna

Hazar Imam;

(c) if any other person is appointed in his place;

(d) if he is certified or otherwise adjudged to be of unsound mod

or insane;

(e) if he is adjudged or otherwise declared a bankrupt;

(f) if he is convicted of an offence and sentenced to imprisonment

or convicted of an offence involving moral turpitude:

(g) if he is unable to perform the duties of his office by reason of

having permanently ceased to reside in the area in which he

holds the office of Mukhi or Kamadia:

49

Page 51: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

(h) if he ceases to be a Shia Imami Ismaili Muslim;

(i) if he is expelled from the Jamat.

59. Absences and Vacancies in Mid-Term

59.1 If the Mukhi or Kamadia of any Jamatkhana or of any Majlis in

respect of a Jamatkhana is unable to perform his duties owing to

illness, or other temporary incapacity, he shall make arrangements

with his Mukhi or Kamadia (as the case may be) for the performance

of his dudes during his absence.

59.2 If both the Mukhi and Kamadia of any Jamatkhana or of any Majlis in

respect of a Jamatkhana are unable to perform their duties owing to

illness, or other temporary incapacity, they shall make arrangements

for the performance of their duties during their absence.

59.3 Except in an emergency, the Mukhi and Kamadia of a Jamatkhaaa

shall not be simultaneously absent for a continuous period of mere

than forty-eight hours, in which case they shall forthwith advise tie

President of the relevant Council and the Chairman of the relevant

Tariqah and Religious Education Board thereof.

59.4 In the case of:

(a) the absence of a Mukhi or a Kamadia under Regulations 59.1,

59.2 or 59.3 exceeding such period as is specified in colunn

(2) of the tabulation below in any period of twelve months; sr

(b) a vacancy in the office of a Mukni or Kamadia occurring n

midterm;

50

Page 52: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

a report thereof shall forthwith be made by the relevant Tariqah

and Religious Education Board to the authority mentioned in

column (3) of the said tabulation which shall submit the same

to Mawlana Hazar Imam.

(1) (2) (3)

Office Period of Absence Authority

Mukhi or

Kamadia

of a

Jamatkhana

Tnirty

consecutive

days

Chairman of the

relevant Tariqah

and Religious

Education Board

Mukhi or Tnirty

Kamadia consecutive days

of a or the period

Majlis covered by three

consecutive

occasions on

which the Majlis

is held, whichever

is longer

P E R S O N A L L A W

Chairman of the

relevant Tariqah

and Religious

Education Board

60. Personal Law

The Jamat in the area of jurisdiction of the National Councils shall

continue to be governed by such rules in relation to birth, infancy,

marriage (including prohibited degrees of consanguinity, affinity or*

fosterage, and marriage with non-Ismaiiis), mehr, nullity, restitution,

of conjugal rights, divorce (including iddat and maintenance), care aid

guardianship, legitimacy, succession and apostasy as has heretofore

51

Page 53: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

been applicable, subject only to such interpretation as may be given

from time to time by Mawlana Hazar Imam.

M I S C E L L A N E O U S

Collection of Funds

61.1 No funds shall be collected from the Jamat for any purpose whatsoever

by any individual, endty or body of persons without obtaining the prior

written sanction of the relevant National Council.

61.2 The individual, entity or body of persons shall abide by such

conditions on fund raising as the relevant National Council miy

impose when giving its sanction, including but without limitation:

(a) that an account shall be rendered to that National Council and

the relevant Grants and Review Board of the funds raised and

the purpose for which the funds have been or are to be utilised;

and

(b) that the relevant Grants and Review Board shall carry out a fall

audit of the funds raised and the disbursements mace and

render a report thereof to the National Council concerned.

Record of Title Holders

Each National Council shall maintain a register of the names aid

addresses of members of the Jamat residing in its jurisdiction hcidi-.g

anv of the Titles of Honour specified in the Constitution.

Page 54: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

63. Petitions

Any member of the Jamat wishing to submit a Petition shall either

deliver it in a sealed envelope to the National Council having

jurisdiction in the area where he resides, or forward it in a sealed

envelope to that National Council through the Mukhi and Kamadia of

any Jamatkhana, and the Nadonal Council shall forthwith submit the

same to Mawlana Hazar Imam.

64. Governing Language and Publication

64.1 These Rules and Regulations are published in English, French and

Portuguese which shall each be recognised and accepted as equally

authentic.

64.2 Publication of these Rules and Regulations in any other language shall

be treated as a translation only.

53

Page 55: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

S C H E T J U L E O N E

T H E COUNCILS

P A R T I

T H E COLTNCJX FOR T H E E U R O P E A N UNION

N A M E His Highness Prince Aga Khan Shia Imami

Ismaili Council for The European Union

H E A D Q U A R T E R S London

A R E A OF .JURISDICTION A l l those countries which from time to time

comprise The European Union

C O * [ P O S I T I O N

President 1

Members 9

Ex officio Members

Presidents of the National Councils for

France, Portugal and Tne United Kingdom 3

T O T A L 13

Page 56: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

P A R T H

i

N A T I O N A L C O U N C I L S L N T H E E U R O P E A N U N I O N

N A M E H E A D Q U A R T E R S A R E A O F J U R I S D I C T I O N

His Highness Prince Aga Khan Shia

Imami Ismaili Council for France

Paris

i

France

Belgium

Switzerland

His Highness Prince Aga Khan Shia

Imami Ismaili Council for Portugal

Lisbon Portugal

Mozambique

Spain |

His Highness Prince Aga Khan Shia

Imami Ismaili Council for Tne United

Kingdom

London Tne United Kingdom

Austria

Denmark

Germany

Italy i

The Netherlands

Norway

Republic of Ireland

S weden

55

Page 57: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

C ( > M L * Q S r n O M OF. .THI i ; . .NA: i ; !QMAL.X.OLlNCl l . «S

F R A N C E P O R T U G A L T H E U N I T E D K I N G D O M

President 1 I I

V i c e President i 1 1

Pi>f Lii)l i i L A I eoiiiers

Communica t ions & Publicat ions 1 I 1

I x g a l M a i l e r s 1 I 1

Soc ia l W e l f a r e Members 1 I 1

W o m e n ' s Act iv i t i e s 1 1 1

Youth and Sports 1 1 1

M e m b e r s without Po r t fo l i o

Representatives f rom areas: 1 (Belgium)

1 (Switzerland)

J (Mozambique )

1 (Spain)

1 (East M i d l a n d s

or Scotland)

1 (West M i d l a n d s

o r Ireland)

Others 4 4 6

O x - o f f i c i o Members

A g a Khan E c o n o m i c P lanning Board 1 1 1

A g a K h a n fu luca l ion Board 1 1 I

A g a K h a n Health Board 1 1 1

T O T A L 16 16 IK

56

Page 58: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

S C H E D U L E TWO 1

T H E C E N T R A L INSTITUTIONS

P A R T I - T H E E C O N O M I C P L A N N I N G B O A R D S

N A M E H E A D O U A R T E R S A R E A OF JURISDICTION

Aga Khan Economic Planning Board

for France

Paris France

Belgium

Switzerland

Aga Khan Economic Planning Board

for Portugal

Lisbon Portugal

Mozambique

Spain

Aga Khan Economic Planning Board

for The United Kingdom

London The United Kingdom

Austria

Denmark-

Germany

Italy

The Netherlands J

Norway

Republic of Ireland

Sweden

T H E E C O N O M I C P L A N N I N G B O A R D S

COMPOSITION

F R A N C E P O R T U G A L T H E UNITED K I N G D O M

Chairman 1 i •j

Honorary Secretary 1 1 i

Members 5 6 8

T O T A L / 8 10

57

Page 59: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

S C H E D U L E T W O

! T H E C E N T R A L INSTITUTIONS

P A R T H - T H E E D U C A T I O N BOARDS

N A M E H E ADO U A R T E R S A R E A OF JURISDICTTON

Aga Khan Education Board for France Paris France

Belgium

Switzerland

Aga Khan Education Board for Lisbon Portugal

\ Portugal Mozambique

Spain

; Aga Khan Educadon Board for The London The United Kingdom

; United Kingdom Austria

Denmark

Germany

Italy

Tne Netherlands

Norway

Republic of Ireland j

Sweden j

1 T H E E D U C A T I O N BOARDS

COMPOSITION

F R A N C E P O R T U G A L THE UNITED K I N G D O M

Chairman 1 1 t i

Honorary Secretary 1 1 1

Members 6 8

T O T A L 7 8 10

58

Page 60: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

S C H E D U L E TWO

T H E C E N T R A L INSTITUTIONS

P A R T JJJ. - T H E H E A L T H BOARDS

! N A M E H E A D O U A R T E R S A R E A O F .TURISDICTION

Aga Khan Health Board for France Paris France

Belgium

Switzerland

Aga Khan Health Board for Portugal Lisbon Portugal

Mozambique

Spain

Aga Khan Health Board for The London The United Kingdom

United Kingdom Austria

Denmark

Germany

Italy

Tne Netherlands

Norway j

Republic of Ireland j

i 1 Sweden )

T H E H E A L T H BOARDS

COMPOSITION

F R A N C E P O R T U G A L T H E U N I T E D K I N G D O M 1 t

Chairman 1 1 ! i

j Honorary Secretary 1

1 1 1 |

Members 4 6 7 j

T O T A L 6 8 9 j

Page 61: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

I T S C H E D U L E T H R E E

' T H E T A R I O A H A N D R E L I G I O U S E D U C A T I O N BOARDS

I N T H E E U R O P E A N UNION

| NAME H E A D Q U A R T E R S A R E A O F JURISDICTION .—.

' Tie Shia Imami Ismaili Tariqah and

Regiious Educadon Board for France

Paris France

Belgium

Switzerland

Tie Shia Imami Ismaili Tariqah and

Reglious Education Board for Portugal

Lisbon Portugal

Mozambique

Spain

Tee Shia Imami Ismaili Tariqah and

ieglious Education Board for The

United Kingdom

London

i

The United Kingdom

Austria

Denmark

Germany

Italy

The Netherlands

Norway

Republic of Ireland

Sweden j

1 COMPOSITION OF T H E T A R I O A H AND RELIGIOUS E D U C A T I O N BOARDS —— •

— . . ~ 1— F R A N C E P O R T U G A L T H E LOTTED K I N G D O M

Chairman 1 1 1

Honorary Secretary 1 1 1

Members 6 6 10

Ex officio Members 1 (Mukhi of

Principal

Jamatkhana)

1 (Mukhi of

Principal

Jamatkhana)

1 (Mukhi of Darkhana)

i

T O T A L 9 9 13 _

60

Page 62: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

S C H E D U L E FOUR

T H E GRANTS AND R E V I E W BOARDS

IN T H E E U R O P E A N U N I O N

N A M E H E A D O U A R T E R S A R E A OF JURISDICTION

His Highness Prince- Aga Khan Shia Paris France

Imami Ismaili Grants and Review Belgium

Board for France Switzerland

His Highness Prince Aga Khan Shia Lisbon Portugal

Imami Ismaili Grants and Review Mozambique

Board for Portugal Spain

His Highness Prince Aga Khan Shia London The United Kingdom

Imami Ismaili Grants and Review Austria

Hoard for Tne United Kingdom Denmark

Germany

Italy

The Netherlands

i Norway

Republic of Ireland

Sweden

i COMPOSITION OF T H E GRANTS AND R E V I E W BOARDS L. _ ._ -. - „ . .

i | F R A N C E P O R T U G A L T H E UNITED K I N G D O M j

Chairman 1 i 1 1

Honorary Secretary 1 1 1

1 1

Members 4 4 7

T O T A L | 6 | 6 9

61

Page 63: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

S C H E D U L E FIVE

T H E N A T I O N A L CONCILIATION AND A R B I T R A T I O N BOARDS

I N T H E EUROPEAN UNION

N A M E H E A D O U A R T E R S A R E A OF JURISDICTION

His Highness Prince Aga Khan Shia

Imami Ismaili Conciliation and

Arbitration Board for France

Paris France

Belgium

Switzerland

His Highness Prince Aga Khan Shia

Imami Ismaili Conciliation and

Arbitration Board for Portugal

Lisbon Portugal

Mozambique

Spain

: His Highness Prince Aga Khan Shia

Imami Ismaili Conciliation and

Arbitration Board for The United

Kingdom

London The United Kingdom

Austria

Denmark

Germany

Italy

The Netherlands

Norway

Republic of Ireland

Sweden

COMPOSITION O F T H E CONCILIATION AND ARBITRATION BOARDS

|

F R A N C E P O R T U G A L T H E UNITED K I N G D O M i

Chairman 1 1 1

j Members 6 4 4

T O T A L 7 5 J 5

Page 64: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

S C H E D U L E KIX - AHMHNTMICNTS

(1)

B O D Y

(2)

T I E R

(3) P A N E L S

S U B M I T T E D

B Y

(4) P A N E L S

S U B M I T ! Ef>

10.

(5) L A T E S T

TIME EOR S U B M I S S I O N

(6)

A P P O I N T M E N T S

M A D E B Y

(7)

T E N U R E

( Y E A R S )

(8) M A X I M U M

N O . O E T E R M S

(9)

M I D

T E R M

V A C A N C Y

rim C O U N C I L S European

Nat ional

CP.

N C

M a w l a n a

Hazar Imam

M a w l a n a

Hazar Imam

30 Days

30 Days

M a w l a n a Hazar Imam

M a w l a n a Hazar

Imam

3

3

2

2

M a w l a n a

Hazar Imam M a w l a n a

Hazar Imam

run C E N T R A L

I N S T I T U T I O N S

Nat ional N B M a w l a n a

Hazar Imam

30 Days M a w l a n a Hazar

Imam

3 2 Mawlana

Hazar Imam

T H I I T A R I Q A H

A N D

R E L I G I O U S

L D U C A T I O N

B O A R D S

Nat ional NB M a w l a n a

Hazar Imam

30 Days M a w l a n a Hazar

Imam

3 2 M a w l a n a

Hazar Imam

T U B G R A N T S

A N D R E V I E W

B O A R D S

Nat ional N B M a w l a n a

Hazar Imam

30 Days M a w l a n a Hazar

Imam

3 2 Mawlana Hazar Imam

THII C O N C I L I A T I O N

A N D

A R B I T R A T I O N

B O A R D S

Nat ional N C A B M a w l a n a

Hazar Imam

30 Days M a w l a n a Hazar

Imam

3 2 Mawlana Hazar Imam

L E G E N D

C l i = C o u n c i l for T h e European U n i o n

N C ==• National C o u n c i l

N B = Nat ional B o d y o f the B o d y named in co lumn (I)

N C A B = Nat ional Conc i l i a t i on and Arbi t ra t ion Board

63

Page 65: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european

S C H E D U L E S E V E N

THE O A T H OF OFFICE

BISMI-LXAffl-R-RAHMAM-R-IUAHIM I, [name] having in accordance

with the Constitution of the Shia Imami Ismaili Muslims been appointed [post,

namely President, Chairman, Member] of [name of Body] do hereby solemnly and

sincerely reiterate my absolute faith in, and spiritual allegiance and devotion to

Mawlana Hazar Imam Shah Karim al Hussaini His Highness Prince Aga Khan.

Further, I make solemn oath in the name of Allah and say:

(1) that I shall protect and defend the Ismaili Constitution and the Rules and

Regulations made thereunder,

(2) that I shall perform with absolute honesty, integrity, devotion and diligence,

and to the best of my ability, all the duties and obligations entrusted to me;

and

(3) that I shall not disclose any confidential matters and proceedings pertaining to

my said office.

Dated at [place] this [day of month] day of [month and] [year]

Signature

64

Page 66: THE RULES AND REGULATIONS OF THE SHIA IMAMI …ismaili.net/source/legal-documents/1998-ismaili-rules-and... · the rules and regulations of the shia imami ismaili muslims in the european