Rules & Regulations

Constitution of Kutchi Soomra Jamat - Registered No. 1239 Karachi 1961

1 Name
Name of Welfare organization is Kutchi Soomra Jamat.
2 Address
Head Office of Jamat is at Kutchi Soomra Jamat Karachi Mill Apartment, Soomro Street of Nishter Road Karachi. Area office: Plot No. H/60 Kairi Ground, Ghousia Road, Agra taj Colony, Lyari Karachi and Dorri Street, Karachi. More offices or welfare institutions connected with the Jamat can be established in Karachi itself.
3 Language
The official language of Jamat will be Urdu, Sindhi, Gujrati and English when the mother language will be "Kutchi". In all government and non-government institutions and wherever it is necessary to write the mother tongue, the mother tongue will be written "Kutchi".
4 Fiscal Year
The Fiscal year of Kutchi Soomra Jamat will be from 1st July to 30th June.
5 Election
The election of Kutchi Soomra Jamat and General Meeting will be held under the society Act of Govt. of Pakistan.
6 Belief in Khatam-e-Nubawat (S.A.W)
Being Muslim and Pakistani Citizen, we believe in HAZRAT MUHAMMAD (S.A.W) as the last Messenger (Khatam-e-Nubawat). All members completely believe upon Khatam-e-Nubawat and have no concern with other religions or Qadyani. No Qadyani or other person/Community who claim themselves as Muslim but don't believe in Khatam-e-Nubawat will be connected with Kutchi Soomra Jamat.
7 Aims and Objects of Jamat
The aims and objectives of Kutchi Soomra Jamat are as follows:
(i)
To provide a platform for Kutchi Soomra Jamat in Karachi to maintain contact among members.
(ii)
To maintain cooperation, brotherhood and best relations among people of Kutchi Soomra Jamat.
(iii)
To struggle fractionally to stratify the activities of social education and maintain database of members.
(iv)
To create conditions for establishing Jamat houses, regional offices, madrassas, schools, libraries, computer centers, vocational training centers, sports activities, adult education and health facilities in areas with majority population of Jamat.
(v)
To arrange for provision of all possible welfare facilities to community people wherever JamatKhana or regional office is established.
(vi)
Providing basic facilities in JamatKhana at low rates to members and ensuring presence of decoration materials and burial materials in JamatKhana and regional offices.
(vii)
To give importance to poor and deserving children, orphans, needy, unemployed and widows of Kutchi Soomra Jamat and provide them all possible help through programs like education, skills training, and Zakat fund.
(viii)
To collect funds from status and rich people of Kutchi Soomra Jamat and spend them on correctness of above mentioned factors.
(ix)
As a welfare institution, Kutchi Soomra Jamat will not be involved in any political activity, but can obtain funds and facilities for welfare of members from government institutions at official level.
(x)
To solve problems of resettlement and shortage of houses and if possible develop colonies and other similar schemes.
(xi)
To publicize, support, cooperate with or oppose resolutions or activities passed by government bodies affecting Kutchi Soomra living in Karachi.
(xii)
To provide moral, financial or other kind support to any person concerned with Community welfare.
(xiii)
To raise and deal with matters related to betterment and development of Pakistani Kutch Soomra in particular and Pakistani Community in general.
8 Types of Membership
The membership of Kutchi Soomra Jamat will be as follows:
General Membership:
Automatically available to all members/families of Kutchi Soomra Jamat residing in Karachi and Pakistan National only.
Registered Membership:
Men of Kutchi Soomra Jamat residing in Karachi who are eighteen years of age or above can become registered members by filling the membership form. From January 1, 2022, every registered member must pay an annual membership fee of Rs. 300.
9 Rights and Duties of Members
(i)
The rights and duties of all members are of equal importance.
(ii)
All members may attend the meeting of the General Body.
(iii)
No one will invite any unrelated, non-jamat or social/political person to annual general body meetings which are purely for management and administration of Jamat.
(iv)
Only members with Jamat identity card can cast vote during elections.
(v)
Every member must respect resolutions passed by Managing Committee, but can intimate any excuse in writing to President.
(vi)
Every member must respect and abide by Family Laws of Jamat.
(vii)
Any member may obtain information regarding functioning of Jamat from office or at General Body meeting with President's permission.
(viii)
No personal criticism of any member or office bearer will be allowed in general body meetings.
(ix)
If any member resigns or is expelled, they lose all rights to any fees or donations submitted to Jamat.
(x)
Jamat may take strict action against members found guilty of ulterior motives, damaging reputation of Jamat, spreading discord, or violating rules.
10 Managing Committee
(i)
Managing Committee refers to elected members who manage Jamat on honorary basis until next election.
(ii)
Cabinet consists of: President, Senior Vice President, First Vice President, Second Vice President, General Secretary, Joint Secretary I, Joint Secretary II, Treasurer, Deputy Treasurer I, Deputy Treasurer II, Internal Auditor I, Internal Auditor II.
(iii)
Members elected from majority areas will be called "Advisor"(Mushir). Number can be changed at President's discretion.
(iv)
Other committees like Legal Aid Committee, Conciliation Committee, Sports Committee, Education Committee may be formed.
(v)
Supreme Council approved by General Body has fundamental rights regarding Constitution, property and reputation of Jamat.
10/Ai Powers and Duties of Managing Committee
(i)
As Chief Executive Organ, has full authority over maintenance and all activities of Jamat.
(ii)
Shall take appropriate steps to achieve aims and objectives of Jamat.
(iii)
Shall supervise all affairs, accounting, expenditure and income of Jamat.
(iv)
May establish various departments and form sub-committees when necessary.
(v)
May establish fund after consultation with Supreme Council but cannot take loan without General Body permission.
(vi)
President or members cannot receive money directly - this is responsibility of Office Secretary.
(vii)
May file court cases in name of President, General Secretary or Legal Advisory Committee when necessary.
(viii)
Must fill any vacant positions within forty days with suitable persons.
(ix)
No family member of President can attend meetings unnecessarily.
(x)
May invite elders or experts for guidance on any matter.
(xi)
Shall convene meeting at least once every two months.
(xii)
General meeting requires 24-hour notice, emergency meeting 6-hour notice.
(xiii)
Can approve/disapprove resignations of officials except President.
(xiv)
Member absent from three consecutive meetings without notice may be deemed irresponsible and membership may be cancelled.
(xv)
Shall approve or reject resolutions presented in meetings.
(xvi)
Shall prepare annual performance report, accounting and future action plan for General Body.
(xvii)
Annual meeting must be convened within two months of end of accounting year.
(xviii)
General Secretary shall fix place, date and time of extraordinary meetings with Managing Committee approval.
(xix)
May make bye-laws and alter/amend them as necessary.
(xx)
Members disciplined may appeal to President within fifteen days.
(xxi)
Quorum: At least 12 (twelve) or 1/3 of members required.
(xxii)
If quorum not met within one hour, meeting adjourned. After another half hour can resume if quorum met.
(xxiii)
Meeting request requires application by at least three members stating reason.
(xxiv)
All above powers and duties can be delegated to Managing Committee independently.
10/Aii Sub-Committees
(i)
Managing Committee as highest authority, may appoint Sub-Committees for specific purposes and delegate powers as deemed necessary.
(ii)
Each Sub-Committee shall have a Chairman and members appointed by the Managing Committee.
(iii)
Sub-Committees shall report their activities and progress to the Managing Committee regularly.
10/Aiii Duties and Powers of Office Bearers
(A) President:
(i)
Ensure Constitution is properly implemented.
(ii)
As constitutional head, advice and guidance will be included in every action of Jamat.
(iii)
Shall be committee member of all committees formed under Managing Committee.
(iv)
Shall have authority and supervision over staff and all matters of Jamat.
(v)
Can cast deciding vote (casting vote) in case of tied decisions.
(vi)
Authorized to expel members who misbehave in meetings.
(vii)
Can call emergency meetings of general body, Managing Committee, or sub-committees.
(viii)
Will supervise activities of Jamat Cabinet and Managing Committee.
(ix)
May incur expenses up to Rs.300,000 without prior approval but must get approval afterward.
(x)
All delegations shall be headed by President or designee.
(xi)
Must keep information regarding all properties of Jamat and ensure annual accounts are audited.
(B) Senior Vice President/Vice President:
(i)
In absence of President, Senior VP shall perform duties of President.
(ii)
Authorized to spend up to Rs.100,000 after consulting with President.
(iii)
In presence of President, serves as assistant to President.
(C) General Secretary:
(i)
All affairs of Society shall be under General Secretary.
(ii)
May call meetings of sub-committees and regional committees as required.
(iii)
All correspondence on behalf of Jamat shall be conducted by General Secretary.
(iv)
Authorized to incur expenses in light of directives from Managing Committee.
(v)
May spend up to Rs.25,000 without prior approval but must get approval afterward.
(vi)
Shall present annual report of performance and functioning of Jamat.
(vii)
Must keep Managing Committee informed about all affairs of Jamat.
(viii)
All records, correspondence, accounts, reports will remain under supervision of General Secretary.
(ix)
Shall submit accounts and detailed report to Executive Council and Cabinet for presentation in annual meeting.
(x)
Accounts shall be kept in office for inspection by members one week before and after annual meeting.
(xi)
Shall be committee member of all committees constituted by Managing Committee.
(xii)
May call meetings of Managing Committee and Cabinet when necessary.
(xiii)
Shall submit performance report to Supreme Council every 6 months.
(xiv)
Shall inform President and present Jamat's position to government bodies on any matter.
(D) Joint Secretary:
In absence of General Secretary, Joint Secretary shall perform duties of General Secretary.
(E) Treasurer:
(i)
Shall keep all funds of Jamat in approved bank accounts.
(ii)
Shall issue checks for approved expenses.
(iii)
Shall sign vouchers and receipts and check current accounts.
(iv)
If accountant is appointed, must check all accounts and correct errors.
(v)
Shall scrutinize and sign vouchers and receipts.
(vi)
Shall prepare accounts and furnish auditor with necessary information.
(F) Deputy Treasurer:
Shall perform duties of Treasurer in absence and serve as assistant in presence.
(G) Internal Auditor:
(i)
Shall ensure accounts are regularly prepared and give true view of financial position.
(ii)
Shall submit report to Board of Directors every 6 months detailing irregularities.
(iii)
Society should get annual accounts audited before submitting to General Body.
(iv)
Shall prepare report on condition of decorations and equipment in main JamatKhana.
(H) Advisors:
Members not in official positions will be considered advisors. They will be consulted on necessary matters and their advice respected.
10/B General Body
Powers and Duties:
(i)
Refers to all members of Kutchi Soomra Jamat with authority over all matters, especially changes in family laws.
(ii)
In exceptional circumstances, shall consider and take final decision on issues submitted by Managing Committee.
(iii)
Shall pass final decision on appeals against Executive Committee decisions.
(iv)
Has right to change, amend and reduce constitution, rules and family laws of Jamat.
(v)
In case of President's absence or resignation, Senior VP shall be Acting President for maximum 3 months until new elections.
10/B/i Annual Meeting
(i)
Annual meeting shall be convened every year during term of each Presidency. If President doesn't call meeting, Supreme Council may ask President to do so.
(ii)
Annual meeting shall be held within sixty days after end of office year at time and place fixed by Managing Committee.
(iii)
Meetings will begin after recitation of Holy Quran, Naat-e-Maqbool and good prayers.
(iv)
Annual report, accounts, and next year's action plan will be presented in annual meeting.
(v)
In case of election, general body will elect President along with panel (General Secretary and Treasurer) for 2 years.
(vi)
Managing Committee may decide on resolutions received by members or present them to General Body.
(vii)
Good prayers will be offered for deceased members and tragedy victims.
(viii)
General meeting convened once yearly normally, but Managing Committee may call additional meetings.
(ix)
Members violating discipline may be expelled from meeting by President.
(x)
All decisions shall be taken by majority vote.
(xi)
If President and Senior VP absent after half hour, meeting can be chaired by elected committee member.
10/B/ii Notice of Meeting
(i)
General meeting shall be intimated to members at least seven days in advance.
10/B/iii Quorum
(i)
Attendance of at least one-third or 100 members (whichever is less) required.
(ii)
If quorum not met within one hour, meeting adjourned and can be reconvened on half hour's notice.
(iii)
No quorum restriction in adjourned meetings - only agenda matters considered.
10/B/iv Resolutions
(i)
To revoke resolutions passed in General Body, opinion of 2/3 members in meeting required.
10/B/v Requisition
(i)
Signatures of at least 200 members or 1/5 of total members required to call meeting.
(ii)
Meeting convened within one month after receiving request with stated reason.
(iii)
Attendance of at least 50% of signing members required to constitute quorum.
(iv)
If quorum not present for half hour, resolution rejected and cannot be presented again for six months.
(v)
Only business stated in requisition can be transacted.
11 Action for Breach of Discipline
(i)
Managing Committee can take appropriate action against any member causing financial or other harm to Jamat, including exclusion from membership.
(ii)
Member may appeal against decision to President within 15 days. Decision of Majlis will be final.
12 No Confidence
(i)
At least 200 members or 1/3 of general body can move no-confidence against President or any member of Managing Committee.
(ii)
Meeting shall be convened within one month. Participation of at least 150 presenting members required.
(iii)
Support of at least 50% of other members present required for no-confidence to pass.
(iv)
If quorum not present for half hour, resolution rejected and cannot be presented again for six months.
13 Elections
(i)
General elections shall be held every two years within 60 days after end of office year.
(ii)
President's term may be extended by one year only with General Body approval under doctrine of necessity.
(iii)
Elections shall be by secret ballot with each registered member having one vote.
(iv)
Forged or tampered votes shall be void.
(v)
Place and date of elections determined by Supreme Council and Election Commission.
(vi)
Election Commissioner and assistants appointed by Supreme Council for fair elections.
(vii)
Members of Supreme Council and Election Commission cannot participate as candidates unless they resign.
(viii)
No member of Supreme Council or Election Commission shall support any candidate or participate in election meetings.
(ix)
Election Commission may impose new conditions if necessary.
(x)
Circular with election details must be issued at least 7 days prior.
(xi)
Election schedule issued by Election Commission after consultation with Supreme Council.
(xii)
Election Commission responsible for amicable settlement of administrative matters during election.
(xiii)
Jamat must report elections to registered office under Social Welfare Act 1860 before election.
14 Amendment of the Constitution
(i)
Any alteration, addition or change requires approval of two-thirds majority by secret ballot at specially called meeting with 7-day notice.
(ii)
Any amendment to resolution must be communicated to General Secretary at least 5 days before meeting.
1 Marriage (Nikah)
(i)
Families can exchange gifts according to status but no demands shall be made.
(ii)
Non-Sharia acts in marriage ceremonies are prohibited.
(iii)
Wedding furniture will be made/bought by bridegroom according to status - brides have no right to interfere.
(iv)
Only one shawl to groom, groom's father and friend, and one suit to groom's mother allowed as gifts.
(v)
Display of gifts is prohibited - should be delivered to groom's house.
(vi)
Date of marriage to be fixed by mutual consent and notified to Jamat head office. Registration fee Rs.500 per person.
(vii)
Mehndi program should start at 9:00 PM and ceremony at 10:00 PM latest.
(viii)
Functions must end as per Sindh Government timings.
(ix)
Nikah generally performed between Asr and Isha prayers at announced time.
Haq Mehar
Minimum Haq Mehar as per Shariah with Muajal amount of Rs.100,000 entered in marriage certificate.
Hudiya
Hudiya paid by bride to Qazi/Mulvi Sahib conducting Nikah.
Wedding Attire
Bridegroom will purchase wedding couple etc. for bride according to choice - no interference from grooms.
2 Rituals and Customs of Marriage Ceremonies
Prohibited Rituals:
(i)
Dancing and drumming
(ii)
MayooN
(iii)
Clock filling or rice threshing
(iv)
Calling the band players
(v)
Calling the dancers
(vi)
Handing coconuts
(vii)
Hindu Rituals (doing Tillans, Tasar, Pash, etc.)
(viii)
Firing, fireworks or hooliganism
(ix)
Alcoholic parties
(x)
All acts forbidden in Sharia Law
(xi)
Satara ritual should be very limited - groom cannot invite extra people.
(xii)
Godabrai ceremony for first child - all expenses responsibility of husband.
3 Domestic/Family Matters
(i)
Consult Jamat before going to court for divorce, domestic violence or disputes.
(ii)
No retaliation against either party - Jamat will help oppressed.
(iii)
On complaint, Jamat may call parties to dispose matter.
(iv)
Parties must attend Jamat office when called.
(v)
If party fails to appear after three summons, Legal Aid Committee may decide matter.
(vi)
After divorce, man shall pay Edat expenses to ex-wife and child support until adulthood.
(vii)
If man marries second wife, remains responsible for all rights and expenses of first wife.
(viii)
Reconciliation committee will try to resolve issues quickly if wife goes to mother home.
(ix)
After divorce, Jamat will assist in transaction of rights and goods according to Sharia.
(x)
Gifts remain property of recipient after marriage termination.
4 Death and Soyem
(i)
At least one person from each house should attend funeral.
(ii)
No provision of food for others after burial.
(iii)
No shawls, sheets or dupatas on dead body.
(iv)
Soyem program after Isha prayer for men only.
(v)
Soyem/Ziyarat for women next day after noon.
(vi)
No soyem catering for all guests.
(vii)
Close relatives will arrange food for bereaved family.
(viii)
Food only for bereaved household - others should avoid.
(ix)
On news of deceased from outside, Quran should be recited at home.
(x)
Transaction of pairs of cloths among women prohibited.
(xi)
Mourning maximum three days - then family may announce marriages.
(xii)
Quran recitation at home for Chehlum without food provision.
(xiii)
Priority for burial at Moach Goth (Jamat's private cemetery) with costs borne by Jamat.
(xiv)
Fixed amount provided for deserving families for funeral expenses.
5 Penalties for Violations
(a)
Boycott marriage ceremony in case of violation.
(b)
Fines may be imposed.
(c)
Circulars may be issued in Jamat.
(d)
Deprived of privileges for three years.
(e)
Disqualified from holding office for three years or more.
(f)
Suspended or expelled from membership for three years or more.
Witness Requirement
No action without at least two sane and mature witnesses.
15 Funds
(i)
All funds of Kutchi Soomra Jamat shall be deposited in a bank account approved by the Managing Committee.
(ii)
Funds can be raised through membership fees, donations, Zakat, and other permissible sources.
(iii)
No loan can be taken without the approval of the General Body.
(iv)
Funds shall be utilized solely for the welfare activities and objectives of the Jamat as outlined in the Constitution.
16 Accounts
(i)
All accounts shall be maintained by the Treasurer under the supervision of the General Secretary.
(ii)
Accounts shall be audited annually by the Internal Auditor and presented to the General Body.
(iii)
Members can inspect accounts one week before and after the annual meeting with prior permission.
(iv)
Any discrepancy in accounts shall be reported to the Managing Committee for immediate action.
17 Property
(i)
All properties of the Jamat, including JamatKhana, offices, and cemeteries, shall be managed by the Managing Committee.
(ii)
No property can be sold, leased, or transferred without the approval of two-thirds of the General Body.
(iii)
The President shall maintain a complete record of all properties and ensure their proper upkeep.
(iv)
Any income generated from properties shall be used for the welfare activities of the Jamat.
18 Dissolution
(i)
The Jamat can only be dissolved by a resolution passed by a three-fourths majority of the General Body in a specially convened meeting.
(ii)
In case of dissolution, all properties and funds shall be transferred to a similar welfare organization or as decided by the General Body.
(iii)
The dissolution process shall comply with the Societies Registration Act, 1860.
19 Legal Proceedings
(i)
The Jamat may initiate or defend legal proceedings in the name of the President, General Secretary, or Legal Advisory Committee.
(ii)
All legal matters shall be handled by the Legal Aid Committee under the supervision of the Managing Committee.
20 Annual Report
(i)
The General Secretary shall prepare an annual report detailing the activities, achievements, and financial status of the Jamat.
(ii)
The report shall be presented to the General Body during the annual meeting.
21 Supremacy of Constitution
(i)
This Constitution shall be the supreme governing document of Kutchi Soomra Jamat, and all actions and decisions shall be in accordance with its provisions.
(ii)
Any rule, decision, or action contrary to this Constitution shall be deemed void.