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ARTICLE I: NAME
The name of the organization shall be the ASSOCIATION OF NEPALIS IN THE AMERICAS ("ANA").
ARTICLE II: AIM AND OBJECTIVE
1. To promote close cooperation and friendship among Nepalis, Nepali Americans and friends of Nepal in the Americas with particular emphasis on those residing in the USA and Canada .
2. To promote educational, charitable, social, and cultural activities.
3. To promote cordial relations with other similar associations in North America as well as other similar associations in the rest of the world.
4. To preserve and promote Nepali heritage and culture.
5. To promote the activities of Nepal Education and Cultural Centers (NECC).
6. To promote cordial relations and close cooperation with Nepalis and people of Nepali origin in other countries and with Nepalis in Nepal.
ARTICLE III: MEMBERSHIP AND DUES
1.This organization shall be open to all individuals willing to support the purpose of ANA and work within the framework of these by-laws. ANA shall not discriminate on the basis of age, sex, sexual orientation, race, color, national origin, religion, disability, marital status, military status and type of membership. Members need to provide needed information, pay appropriate dues as determined by the Officers (Article IV) of the Association. Other means of membership as determined by the executive committee (Article IV) will also be acceptable. The categories of membership are sub-divided as follows:
a. Family Membership
b. Single Membership
c. Life Membership
d. Honorary Membership
e. Organizational Membership
2. Only one person from a Family Membership category can hold a position of the Officer (Article IV) at any one time. Single membership allows for only one vote in the affairs of the Association. Up to two adult members, if so listed in the voters list approved before 2010, in the Family and Life category can vote in the affairs of the Association. For Election to be held after 2011 each member of any membership categories shall have only one vote. The Honorary membership shall be given by the Executive Board to persons or organizations that have made substantial contribution towards the aim and objective of the Association. Honorary Members do not have to pay any membership dues, and are not allowed to vote in the affairs of the Association.
Membership to the association will be on a yearly basis. Membership period begins on the day of membership approval and ends on the 365th day of the beginning. This applies to all categories of membership other then Life members.
3. Any contributions to Nepal Education and Cultural Centers ("NECC") will not be considered a payment of ANA membership fees.
4. Resignation and Termination: Any member may resign by giving notice in writing to the President. Membership dues already received by the Association will not be refunded. Membership shall be terminated due to nonpayment of dues. Any person may be relieved of his/her membership by the Executive Board, if there is substantive evidence that such person is acting against the aim and objective of the Association.
Any officer may be relieved of his/her duties if there is a substantive evidence that such person is acting against the aim and objective of the Association or not fulfilling his/her duties. A no-confidence motion has to be passed by the executive committee for the removal of the officer. Upon approval of the no-confidence motion by the executive board, a mail-in ballot must be sent to all current members of the organization to approve/disapprove the no-confidence motion against the officer in question. Alternatively, voting via secure electronic media can also be done. A simple majority of the members’ present to vote shall decide whether the no-confidence motion is approved or disapproved.
Board of Trustees (BOT)
1. Mr. Tsewang Sherpalama: Secretary General
2. Mr. Hem Pathak: Director/Coordinator ANA Emergency Fund
3. Mr. Laxman Pradhan: Director of Finance
4. Mr. Sushil Newpaney: Director of Publicity
5. Mr. Sanjaya Sthapit:
6. Director
7. Director
8. Director
9. Director
a. The Secretary General shall preside at all business meetings of the BOT and shall have general leadership of the Association. The Secretary General shall perform such duties and have such powers as the BOT may delegate him or her.
b. The Vice- Secretary General shall perform such duties and have such powers as the BOT may, from time to time, delegate him or her. In the absence of the Secretary General , the Vice- Secretary General shall perform the duties of the Secretary General.
c. DIRECTORS will be responsible for carrying out any special projects or other responsibilities as assigned by the Secretary General with the approval of majority BOT.The director of Finance and the Secretary general signs the Checks of the ANA in all financial affairs.
Attendance at the BOT: BOT must attend at least ONE Board Meetings annually. Failure to do so shall lead to their automatic suspension and/or fine determined by majority board.
Responsibilities and authorities of Board of Trustees (BOT)
1. Determine mission and purpose. It is the board's responsibility to create and review a statement of mission and purpose that articulates the organization's goals, means, and primary constituents served.
2. Support and evaluate the Executive Officers. The BOT should ensure that the Executive Officers (EO) have the moral and professional support he or she needs to further the goals of the organization.
3. Ensure effective planning. BOT must actively participate in an overall planning process and assist in implementing and monitoring the plan's goals.
4. Monitor, and strengthen programs and services. The BOT's responsibility is to determine which programs are consistent with the organization's mission and monitor their effectiveness.
5.Ensure adequate financial resources. The BOT's foremost responsibility is to secure adequate resources for the organization to fulfill its mission.
6. Protect assets and provide proper financial oversight. The BOT must assist in developing the annual budget and ensuring that proper financial controls are in place.
7.Ensure legal and ethical integrity. The BOT is ultimately responsible for adherence to legal standards and ethical norms of ANA.
8.Enhance the organization's public standing. The BOT should clearly articulate the organization's mission, accomplishments, and goals to the EO and the EO should promote the same to public and garner support from the community.
9. To assume the duty of EO in the event EO’s fails to full fill their fiduciary duties as the EO.
10.To preserve and protect institutional integrity of the ANA-Association of the Nepalis in Americas under any circumstances and conditions.
10.Interprets and Defines the articles in this bylaw in the event of disputes.
11.Interprets and Defines the articles in this bylaw in the event of disputes.
BOT MEETINGS
BOT General Meetings: BOT General meeting of the Association will be held annually at the convention site. Annual meetings will be held to evaluate the finances, performance and the general activity of the Association, and discuss any necessary issues and get final resolution of issues which only the General meeting can resolve by majority of the attendance.
Special Meetings: Specialty meetings may be held at the call of the Secretary General. Such meetings must be scheduled at least 12 days in advance.
Nomination/Election: The first Board of Trustee shall be nominated by the ITFANA. Thereafter, every three year any past BOT and Executive officers shall elect and be elected BOT amongst themselves. The Executive officers shall arrange for the Election process.
Term: 3 years
Resignation and Termination: Any BOT may resign by giving notice in writing to the Secretary General. Any BOT may be relieved by the BOT and Executive Board, if there is substantive evidence that such person is acting against the aim and objective of the Association.
Any officer may be relieved of his/her duties if there is a substantive evidence that such person is acting against the aim and objective of the Association or not fulfilling his/her duties. A no-confidence motion has to be passed by the BOT and executive committee for the removal of the BOT officer. Upon approval of the no-confidence motion by the currant BOT and currant executive board, a mail-in ballot must be sent to all current BOT and currant Executive Officers to approve/disapprove the no-confidence motion against the officer in question. A simple majority responding shall constitute final decision.
Articles pertaining to BOT in this by law may be amended anytime as required to make the BOT more functional. Such amendments shall be approved by majority Currant BOT and majority currant Executive Officers present at the meeting
ARTICLE IV: OFFICERS AND EXECUTIVE BOARD
1. The Executive Board shall consist of Officers, Members at large and Past , Presidents of the Association
(i) . Officers: The Officers shall consist of:
a. President. (requires being a person of Nepali origin citizen or legal resident of Americas under the law).
b. Senior Vice President
c. Deputy/Vice president
d. General Secretary
e. Joint Secretary
f. Treasurer (requires being a person of Nepali origin citizen or legal resident of Americas under the law).
g. Deputy/Vice Treasurer
h. Information Director
i. Three (3) at large elected members
(i) These Officers and at large members shall be elected by mail-in ballots or electronically as specified. In special situations where elections could not be held by the Convention time, General Assembly may decide to hold elections at the Annual Convention itself.
(ii) Each officer must be proposed and seconded by one separate member in each case and these members must be in good standing. Members proposing and seconding the candidates shall not be a candidate. All Officers shall serve without compensation for the position he/she is elected and is eligible for reelection to the position previously held or new position. Election shall be held every two year. Therefore each term consists of two years. No Officers shall serve more than two (2) consecutive terms in the same elected position.
(iii). Past Presidents. All Past Presidents of the Association are ex officio members of the Executive Board in an advisory capacity but they can not vote in the affairs of the Board. Past Presidents, however, can serve as Executive Board Members if so elected by general membership.
IV. Officers: Their titles and roles may be determined by annual general meeting as needed.
2. Duties of the Officers:
a. The President shall preside at all Executive Officers business meetings of the Association and shall have general leadership of the Association. The President shall perform such duties and have such powers as the Executive Board may delegate him or her those are not contradicting with the responsibilities and authorities of BOT. The president shall have the veto power against any Executive officers meting decisions which may be deemed harmful to the institution and bring extreme disharmony in the Nepalis community in General. A presidential veto can only be overruled by the majority members present in a special meeting.
b. The Senior Vice Presidents shall perform such duties and have such powers as the Executive Board may, from time to time, delegate him or her. In the absence of the President, the Senior Vice President shall perform the duties of the President. The Deputy/Vice president shall act as the Senior Vice President in his absence.
c. The General Secretary shall keep or cause to be kept, at such place as the Executive Board may direct, a book of minutes of all meetings and actions of the Executive Board. The General Secretary shall be responsible for notifying all members of general meetings of the Association and notifying Executive Board Members of the Executive Board meetings. The General Secretary shall record the proceedings of such meeting and perform such duties as the Executive Board may direct.
d. Joint Secretary shall assist the General Secretary in carrying out his/her responsibilities.
e. The Treasurer assists the BOT Director of Finance on all funds of the Association and shall pay all bills upon authorization of the Executive Board upon approval by the BOT. The Treasurer shall maintain a record of all monies received and disbursed by the Association, and shall prepare a financial report each quarter or as the Executive Board may decide, from time to time and submit to the BOT for review. The Treasurer shall maintain an up-to-date roster of the membership of the Association and report to the BOT Director of Finance. Deputy Treasurer shall assist the Treasurer in carrying out his/her responsibilities.
f. Information Director shall be responsible for publication and mailing of the Association’s Newsletter and shall supervise the activities of Association’s website and other communication initiatives. Information Director will also serve as a spokesperson of the Association and will be responsible for posting at the ANA website.
g. Members at large will be responsible for carrying out any special projects or other responsibilities as assigned by the President with the approval of majority officers.
h. Resignation of Officers: If the President resigns, the Senior Vice President will replace that position for the remainder of the term. The vacant position of the Senior Vice President and of any other Officers due to their resignations will be filled by the Executive Board from one of the elected members at large. Apart from their duties and responsibilities, all the elected Officers/members will be treated equally within the Executive Board. The strength of voice of each of the elected Officers/members must be equal. Replacing vacancy of the Officers of any position by members at large must be respected.
3. Attendance at the Executive Board Members: Executive Board Members must attend at least two Board Meetings (one tele-meeting and one on site meeting) annually. Failure to do so without a written request to the president shall lead to their suspension and/or fines.
4. Duties of Executive Board:
a. The Executive Board shall transact the business of the Association. A majority of the Board shall constitute a quorum of the Executive Board meetings.
b. The Executive Board shall have the authority to form various committees and appoint members to these committees.
c. The Executive Board shall appoint an auditor general and legal advisor during the ANA general meeting every year.
d. The Executive Board can provide “Sister Organization” status to other organizations within the Americas, granted the organization is a non-profit, non-political organization in good standing [with 501 (c) (3) status].
e. The Executive Board (in majority)may take any decision not included in the By-laws or may even take a decision to change the by-laws (Article VIII) . Then such decisions have to be either approved or disapproved by the simple majority of members attended in the general meeting or a special meeting, or by mail/electronic ballot within 60 days of such a decision.
ARTICLE V: MEETINGS
1. General Meetings: General meetings of the Association will be held annually at the convention site. Annual meetings will be held to inform the members the general activity of the Association, and discuss any necessary issues and get final resolution of issues which only the General meeting can resolve by majority of the attendance. General meeting with the majority voting has authority to supersede any concerns of the Bylaws for the betterment of the organization.
2. Special Meetings: Specialty meetings may be held at the call of the President or upon the request of 50 of the membership. Such meetings must be scheduled at least 30 days in advance.
3. Executive Board Meetings: The Executive Board meetings shall be held up to four times a year or as called by the President. Two of these meetings must be held on site, and others may be held using electronic media (tele-conference, video conference, internet chat etc.) in lieu of at a physical location. Executive Board members may authorize someone to vote on their behalf by proxy, which may be by writing, fax or email.
ARTICLE VI: NOMINATION AND ELECTIONS
1. An election will be held for the positions of the Officers of the Association at every alternate year on the 2nd day of ANA Convention. Registered ANA Convention attendees shall vote on site. Eligible voters who are not attending the convention shall vote by other means as mentioned elsewhere (Time-line will be determined by the Election Committee). If for some reason, it could not be held during this time then elections may be held within time set by the Election Committee.
2. A Nomination and Election committee consisting of at least three (3) members from the general membership or distinguished members of other Nepali community organizations shall be appointed by the Executive Board at least three (3) months prior to the election of the Officers of the Association. The Executive Committee shall appoint one of these members as the Chair. The Committee shall canvas for candidates for each position. To run for a position, one must have been a dues paying member or life member of the ANA for at least one year as defined in this by law. For the Presidential Candidate, one must have served at least for one year in the Executive Board (either elected or appointed) anytime since the establishment of the ANA. A nomination filling fee shall be announced by the Election Committee.
3. Voting ballots and/or other means of voting via electronic media such as secure email or website may be used for election purposes as determined by the Election Committee. Members must either mail their secret ballots (in-case of a mail in vote) or cast their votes via secure electronic media within a time frame as specified by the Nomination & Election Committee.
4. To be eligible for voting, one must be a member of good standing by the time designated by the Election Committee, or in special situation as approved by the General Meeting.
5. ANA Convention attendees paying the convention registration fees determined by the Convention coordinator are the paid ANA member and are eligible to participate in all ANA activities including election and voting for the ANA Executive Board Officer candidate during the upcoming ANA election. All such voters and candidates must have provided a full name and contact address during the registration.
5. In case of election not being held in the time frame prescribed in this by law, general meeting, upon recommendation of the Executive Board may appoint interim Executive Board or Caretaker Team.
ARTICLE VII: PARLIAMENTARY AUTHORITY
1. Robert’s Rules of Order, Revised, shall govern all proceedings except where inconsistent with the provision of the By Laws of the Association.
ARTICLE VIII: AMENDMENTS
1. The Executive Board shall have the power to make, alter, amend or repeal the By Laws of the Association, except that the By Laws so amended, or repealed shall be approved by a majority of the membership within 60 days. The General Secretary shall arrange for a special meeting of the General Assembly or mail-in ballot for approval of the amendments by the general membership. Amendments so made will be promulgated in the Newsletter of the Association and or its web site.
General meeting has the authority to amend any bylaws in its annual meeting by a simple majority of members present at the meeting.
ARTICLE IX: LIQUIDATION OR DISSOLUTION
The liquidation and dissolution of the Association or the amendment or these rules may be decided upon by a two thirds majority of those present and voting at a General Meeting, provided that notice of the proposed dissolution or details of the proposed amendment shall have been circulated with the notice of the meeting. In the event of dissolution, any residual funds of the Association shall be applied by the Executive Board before vacating office in furtherance of the Association's aims, and no member shall have any claim on the Association in respect to fees any subscription paid. No part of the net income or assets of the Association shall be used to the benefit of any private individual.
Upon the dissolution of the organization, remaining assets and property of the corporation shall, after necessary expenses thereof, be distributed for one or more exempt purposes within the meaning of section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.
ARTICLE X: PERSONAL BENEFIT
No part of the corporation shall inure to the benefit of any member, trustee, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, officer of the corporation, or any private individual shall be entitled to share in the distribution of any of the corporate assets on dissolution of the corporation.
ARTICLE XI: PROPAGANDA AND POLITICAL ACTIVITIES
No substantial part of the activities of the cooperation shall be carrying of propaganda, or otherwise attempting, to influence legislation (except as otherwise provided by Internal Revenue Code Section 501 (h), or participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office.
ARTICLE XII: SUPPLEMENTARY OBJECTIVES
Notwithstanding any other provision of these articles, the cooperation is organized exclusively for one or more of the following purposes: Religious, charitable, scientific, testing for public safety, literary or educational purpose, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletics facilities or equipment), or for the prevention for cruelty to children or animals, as specified in Section 501 ( c) (3) of the Internal Revenue Code, and shall not carry on any activities not permitted to be carried on by a cooperation exempt from Federal Income Tax under Section 501(c) (3) of the Internal Revenue Code or corresponding section of any future federal tax code.
ANA Bylaws updated July 6, 2011
ANA Annual General Meeting Participation-July-3, 2011. 
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