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(Passed at the First Meeting of the First Session of the
Member Congress on August 26th,2004)
Chapter 1 General Principles
Article 1 Shanghai Contraceptives Supplies and Services Association is a social
body citywide registered with Shanghai Social Body Administration with
independent legal person qualifications.
Article 2 The Association is a professional and nonprofit social organization
voluntarily formed by units within Shanghai administrative areas engaged in the
production, management , scientific research for development and detection and
related counseling , information services and educational training etc. of
contraceptives and by experts and scholars engaged in the preparations and
management of contraceptives.
Article 3 The aim of the Association is to unite its members and educate them to
abide by the Constitutions ,Law, rules and regulations and every policy of the
State, observe the social moral prevailing custom and represent and defend the
common interests , and legal rights and benefits of its members, continuously
enhance the safety , reliability and effectiveness of the new technology and new
products of contraceptives, strengthen the exchanges among the units of
preparations , production and management and standardize the production and
management conduct of contraceptives , actively promote the healthy development
of contraceptives in Shanghai so as to realize the goal of taking people as the
foundation and bringing happiness to them.
Article 4 The Association is under the professional guidance, supervision and
administration of Shanghai Population and Birth Control Committee and Shanghai
Social Body Administration.
Chapter 2 Scope of Business
Article 5 Scope of Business of the Association Enhancing the level of producing,
managing and administering contraceptives, carrying out exchanges, cooperation,
training, counseling services and accepting matters of commission.
(一)Organizing
popularizing the advanced administrative conceptions, administrative systems,
methods and experiences in the process of preparing, manufacturing and managing
contraceptives, promoting the scientific level of administration of the member
units;
(二)Strengthening
the construction of sincerity and earnestness, standardizing the production and
management conduct of contraceptives ,enhancing the prestige of the enterprises
and defending fair competitions;
(三)Doing
a good job of collecting, counting up, analyzing and releasing information of
units of producing and managing contraceptives at home and abroad. Organizing
members for short-term training and counseling services.
(四)Strengthening
investigations and research, providing policy-making grounds to the Government
department responsible for the work in formulating the schemes for development
of contraceptives; cooperating with the Government department concerned in doing
a good job of managing contraceptives; actively linking up the communications
between the Government and member units and among the member units, playing the
role of both a bridge and a link;
(五)Carrying
out exchanges and cooperation with units at home and abroad engaged in the
preparations, production and management of contraceptives, enhancing the
competitive capacity of the member units;
(六)Organizing
and coordinating surmounting scientific and technical difficulties, continuously
enhancing the safety, reliability and effectiveness of the new technology and
new products of contraceptives;
(七)Undertaking
matters of authorization and commission.
Chapter 3 Member of the Association
Article 6 Members of the Association are classified as two kinds: group members
and individual members. Whichever units admit the rules and regulations of the
Association and are engaged in the production, management and scientific
research for development, detection and related counseling, information services
and educational training etc. of contraceptives and whichever experts and
scholars are engaged in the preparations and management of contraceptives can
all apply for membership of the Association. Those who apply in the name of
units become group members and those, in the name of individuals, the individual
members.
Article 7 Procedure of Being Admitted to the Association
(一)
The applying unit
(individual) sends a written application to the Association and provides
corresponding data for identification.
(二)
The Secretariat of the
Association examines and verifies the application and data for identification
and submits them to the Administrative Council for discussion and decision.
(三)
The office authorized
by the Administrative Council issues membership cards to those qualified for
being admitted to the Association.
Article 8 Rights that the Association Members Enjoy
(一)
Having the right to
vote;
(二)
Having the right to
participate in the activities of the Association;
(三)
Having the right to
the priority to acquire all the services of the Association;
(四)
Having the right to
put forward criticisms , suggestions and supervision towards the work of the
Association;
(五)
Having the right to
defend his/her own legitimate rights and interests from being violated;
(六)
Having the right of
freedom to withdraw from the Association.
Article 9 Duties that the Association members should fulfill
(一)Abiding
by the rules and regulations of the Association, executing its resolutions and
accepting its guidance and supervision;
(二)Actively
participating in and supporting every activity of the Association and fulfilling
the work entrusted by the Association;
(三)Consciously
defending the prestige of the Association and the solidarity among its members;
(四)Paying
membership dues according to the stipulation;
(五)Reporting
the situation to the Association, providing data concerned;
(六)Other
duties stipulated by the Law, rules and regulations.
Article 10
When a member wants to withdraw from the Association he/she should give the
Association a written notice and go through the formalities related to the
withdrawal from the Associations. When a member has not paid membership dues or
taken part in the Association’s activities without special reasons for a year
he/she is regarded as having withdrawn from the Association automatically. After
withdrawing from the Association the member must not carry out activities in the
name of a member of the Association.
Article 11
When a member has seriously violated the rules and regulations of the
Association, his/her name is removed from the rolls after the Administrative
Council votes through. When the member refuses to obey, he/she can appeal to the
Member Congress.
Chapter 4 Organization and the
Production and Recall of People in Charge
Article 12
The supreme organ of powers of the Association is the Member Congress. The
functions and powers of the Member Congress are:
(一)Formulating
and revising the rules and regulations of the Association;
(二)Electing
and recalling the members of the Administrative Council;
(三)Discussing
the work reports and financial statements of the Administrative Council;
(四)Passing
or voting down the bills and resolutions of the Administrative Council;
(五)Deciding
the termination of the Association;
(六)Deciding
other important matters of the Association.
Article 13
The Member Congress can be convened only when there is an attendance of over 2/3
of the members and its resolutions can go into effect only when over 2/3 of the
attendants at the congress vote them through. The resolution of deciding the
termination goes into effect when over half of the actual attendants of the
Congress consent.
Article 14
Each term of office of the Member Congress is 5 years. In special cases when it
is necessary to change the term of office, either shifting it to an earlier time
or postponing it, the Administrative Council must vote through, report it to the
unit responsible for the work for examination and consent and then the approval
of Shanghai Social Body Administration. But postponing the term of office at
most cannot exceed one year.
Article 15
The Administrative Council is the executive organ of the Member Congress and
during the period when the Member Congress is not in session, it carries out
daily work, responsible for the Member Congress.
Article 16
Duties of the
Administrative Council
(一)Executing
the resolutions of the Member Congress;
(二)Electing,
producing and recalling the president, vice-president ,secretary-general of the
Association; deciding the production of the honorary president and consultants
of the present Administrative Council;
(三)Making
preparations for convening the Member Congress;
(四)Reporting
to the Member Congress the work and financial affairs;
(五)Electing
and producing the standing members of the Council;
(六)Deciding
the admission of the members and removing a member’s name from the rolls;
(七)Deciding
the setting up and cancellation of the office, branch offices, representative
offices and entity offices and applying to the registration administration for
registration according to the Law;
(八)Deciding
the appointment of the vice-secretaries-general and the main responsible person
of every department;
(九)Leading
every department of the Association in carrying out work;
(十)Formulating
the interior administrative system;
(十一)
Regulating and
supplementing members of the Council;
Article 17
The Administrative Council can be convened only when there is an attendance of
over 2/3 of the members of the Council and its resolutions can go into effect
only when over 2/3 of the members of the Council attending the congress vote
through.
Article 18
Each term of office of the Administrative Council is 5 years. The Administrative
Council at least convenes one congress every year. In special cases a congress
can be convened any time .Members of the Council are supplemented through
election at the Member Congress. In special cases they can be supplemented and
elected by the Administrative Council, but such members of the Council should be
recognized retroactively at the next Member Congress.
Article 19
The Association has set up the Standing Administrative Council, which executes
the functions and powers of the Administrative Council when the Administrative
Council is not in session(not containing 1st and 4th
sections of Article 16 ), responsible for the Administrative Council.
Article 20
The Standing Administrative Council can convene a congress when there is an
attendance of 2/3 of the standing members of the Council and its resolutions can
go into effect only when over 2/3 of the standing members of the Council vote
through.
Article 21
The Standing Administrative Council at least convenes one meeting within half a
year and when necessary, a meeting can be held any time. Standing members of the
Administrative Council should be supplemented through the election of the
Council. In special cases they can be supplemented and elected by the Standing
Administrative Council, but such members should be recognized retroactively at
the next meeting of the Council. The supplemented standing members of the
Council should be produced from among the members of the Council.
Article 22 The
president , vice-president and secretary-general of the Association must possess
the following conditions:
(一)Adhering
to the Party’s basic line, guiding principles and policies, possessing fine
qualities;
(二)Quite
influential in the professional field of the organization;
(三)They
cannot be over 70 when they are in office. The secretary-general of the
Association must be full-time;
(四)In
good health , able to persevere in working properly;
(五)Not
having been deprived of political rights as a criminal punishment;
(六)Possessing
full ability of civil conduct.
Article 23
The president , vice-president, secretary-general of the Association, if older
than 70, can be in office only after the Administrative Council votes through
and reports to Shanghai Population and Birth Control Committee for examination
and consent and then reports to Shanghai Social Body Administration for
approval.
Article 24
The president ,vice-president and secretary-general of the Association are
produced from among the standing members of the Council and are elected by the
Council. The secretary-general of the Association is nominated by the president
of the Association and voted through by the Council. They can hold their posts
for five years for each term of office. They can hold their posts consecutively
for two terms of office. In special cases when the need arises they can hold
their posts for more terms of office only when over 2/3 of the members vote
through and report to Shanghai Population and Birth Control Committee for
examination and consent and then report to Shanghai Social Body Administration
for approval.
Article 25
The legal representative person of the Association is the president of the
Association. The president of the Association must not concurrently be the legal
person of another social body.
Article 26
Functions and powers that the president executes
(一)
Convening and
presiding over the Member Congress,(Council, Standing Council);
(二)
Supervising and
checking the implementation of the resolutions of the Member Congress, Council
and Standing Council;
(三)
Nominating the
secretary-general of the Association;
(四)
Handling other
important matters.
Article 27
The Association has set up the office, which is concretely responsible for
executing every resolution and decision of the Member Congress, Council,
Standing Council , undertaking daily work of the Association.
Article 28
One secretary-general and several vice-secretaries-general are placed in the
office. The vice-secretaries-general assist the secretary-general in work and
the secretary-general executes the following duties:
(一)
Taking charge of the
office, carrying out daily work and organizing executing annual work(plan);
(二)
Nominating the
vice-secretaries and the main responsible persons of the organs concerned for
the Council to decide;
(三)
Deciding the
employment of the employees of the office;
(四)
Fulfilling the other
jobs entrusted by the Council and Standing Council.
Chapter 5 Principles of Managing
and Using Assets
Article 29
Source of the funds of the Association
(一)Membership
dues
(二)Financial
aid of the Government
(三)Financial
donation and assistance of the groups and individuals
(四)Financial
aid of the departments or enterprises concerned;
(五)Income
from the activities or services carried out within the business scope;
(六)Interests;
(七)Other
legitimate income.
Article 30
The Association takes membership dues according to the stipulation concerned of
the State.
Article 31
The Association’s funds must be spent on the development of the Association’s
cause and must not be distributed among its members.
Article 32
The Association has set up a strict administrative system for financial affairs,
ensuring that the accounting data shall be legitimate, true, accurate and
complete.
Article 33
The Association is provided with accountants with professional qualifications.
The accountant must not concurrently be the cashier. The accountant must do
business accounting and implement accounting supervision. When an accountant is
changing work or leaving office he/she must thoroughly perform handing-over
procedures with the person who has come to take over.
Article 34
The Association must execute the administrative system of financial affairs
stipulated by the State with regard to the management of assets and accept the
supervision of the Member Congress and the department of finance. If the assets
come from the appropriation of the State or social donations and financial
assistance they must be placed under the supervision of the department of
auditing and regularly reported to the Council.
Article 35
The Association must accept the auditing of financial affairs of such
organizations as Shanghai Population and Birth Control Committee and Shanghai
Social Body Administration before it changes its term of office or changes its
legal representative person.
Article 36
The assets of the Association must not be embezzled, privately divided and
misappropriated by any unit or individual.
Article 37
The pay and security welfare of the full-time personnel of the Association are
implemented with reference to the stipulations of the State for state-run
institutions.
Chapter 6 Procedure of Revising the
Rules and Regulations
Article 38
The revision of the Rules and Regulations must be reported to the Member
Congress for discussion after the Council votes through.
Article 39
The revision of the Rules and Regulations of the Association goes into effect
after it is reported to Shanghai Population and Birth Control Committee for
examination and consent and Shanghai Social Body Administration for examination
and approval within 15 days after it is passed by the Member Congress.
Chapter 7 Procedure of Termination
and Disposal of Assets after Termination
Article 40
Only with the motion of termination put forward by the Council can the
Association terminates.
Article 41
The motion of the termination of the Association must be voted through by the
Member Congress and reported to Shanghai Population and Birth Control Committee
for examination and consent.
Article 42
Before the Association terminates, a clearing organization must be set up under
the guidance of Shanghai Population and Birth Control Committee and the
department concerned, putting in order the creditors, rights and debts ,
handling problems arising from the termination. During the period of clearing,
activities other than clearing must not be carried out.
Article 43
The Association terminates after the registration of its cancellation in
Shanghai Social Body Administration.
Article 44
The remaining assets of the Association after its termination are used for the
development of the cause related to the Association’s aim under the supervision
of Shanghai Population and Birth Control Committee and Shanghai Social Body
Administration, in accordance with the stipulations concerned of the State.
Chapter 8 Supplementary Provisions
Article 45
These Rules and Regulations were voted through by the Member Congress, on August
26th,2004.
Article 46
The right of explanation belongs to the Council of the Association
Article 47
These rules and regulations have gone into effect from the day Shanghai Social
Body Administration examined and approved them.
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