FACT/AMPA Statute
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FACT/AMPA Statute
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FACT / AMPA's Law or statute
The Statute of Federation of Afghanistan Craftsmen\Traders (FACT)
In the name of Allah the most compassionate the most merciful
Chapter one Article 1: This statute is legislated in
accordance with article 35 of the Constitution Article 2: This organization, termed the
Federation of It aims economic development of Afghanistan by establishing of unions of people of all occupations such as manufacturers, repairers, service entrepreneurs, shopkeepers, small business owners, masons etc. in order to maintain their interests, promote the quality and quantity of the products.
Article 3: This organization moves ahead
parallel to the law of social organizations and other enforced laws in
Afghanistan. The Head-office of this organization is located in Kabul city. It
has got branches in the provinces and districts, known as provincial and
district councils. The councils are created in the light of the model statutes
prepared by the Central Council of Federation of
Craftsman: is a person who owns the required professional skills and is directly involved in the activities of production, services as well as construction. He personally leads and manages the affairs of a workshop, apparatus or shop. Federation is a guild organization which is created according to the statute and the principles of democracy. Small industry owner is
a skilled person who manufactures with limited capital and facilities as per
order or
Guild: a group of people engaged in similar activities. Article 4: The Federation is based on the following principles of democracy: · Voluntary membership · Elected leadership · Collective leadership and individual responsibility · Implementation of the decisions of senior members by juniors Article 5: The Federation is a juridical person possessing the right to sign non-profit contracts to reach its goals equal to the rights of the central administrations of the government of Afghanistan. It launches its activities, within a framework defined in the charter, with the support of the government of Afghanistan. Article 6: The Federation is established based on law and functions in the light of the sacred religion of Islam, the Constitution of the Islamic Republic of Afghanistan, the law of social organizations, other relevant laws and this Charter. The dissolution of the Federation takes place according to the law and the decree of general assembly of the Federation. Ratified by the 2nd general assembly convention of the Federation of Afghanistan Craftsmen & Traders 29/1/1385 (18 April 2006) Chapter Two The Objectives and Duties of the Federation Article 7: Following are the objectives and duties of the Federation: · To organize and lead the production as well as economic and social activities of the individual craftsmen of the unions, workshops, small industry owners and craftsmen cooperatives intended for the development of the national economy and promotion of the standard of the economic and cultural life of the craftsmen · To maintain the conditions to make an effective use of the rights and privileges that the government of Afghanistan grants the union for promotion of the quality and quantity of the products and the life standard of the craftsmen. · To maintain the conditions to establish professional unions of craftsmen in guild units. · leading of the individual craftsmen, small industry owners, and craftsmen cooperatives by Federations of professional associations · representation and defending the social, economic and legal interests of the craftsmen in the state circles, judicial institutions etc. according to the relevant laws · To maintain the needs for production such as electricity, fuel, tools and raw materials of the craftsmen’s workshops, to offer and support the products in competitive markets · To promote the affectivity of the work, promote the quality and quantity of the products and to make an effective use of advanced technology · voluntary absorption of the craftsmen into Federations · To promote the professional knowledge of the craftsmen · To preserve and develop the traditional craft products and to rehabilitate and develop the handicrafts and fine arts of the country and to train the young craftsmen for this purpose · Maintenance of a fair and friendly, social and economic relation among the craftsmen, workers, pupils and cooperatives according to the relevant laws · To improve the working conditions of the workers, to maintain the legitimacy of work and the environmental norms in the location of work. · To develop the cooperative activities among the craftsmen, to set up and register different cooperatives of craftsmen on the basis of the laws of cooperatives of Afghanistan · To provide the opportunities for exchanging of experiences with overseas craftsmen Federations with the permission of the Government of Afghanistan · Maintenance of a continuous cooperation among the craftsmen, cooperatives with the ministries and private agencies · Creation of craftsmen relief fund to strengthen the financial state of the FACT and its members · Encouragement of the craftsmen through cooperatives to create small and medium-sized industries · Encouragement of the craftsmen through providing with moral and material privileges · Creation of relief funds to assist the members of the Craftsmen unions financially · Registration of the workshops and the industrial units of the craftsmen individually and collectively, recognition of the professional level of the craftsmen and providing them with certificates · Determine the production standards, providing of certificates for products and price determination for the marketable goods of craftsmen, guild units and cooperatives Chapter Three The Conditions of Admission to and Termination with the Federation Article 8: Owners of workshops, industrial units, individual craftsmen and craftsmen cooperatives which individually or collectively accept the goals of the Federation and abide by the Federation Statute can join it voluntarily Article 9: The individual or collective membership application submitted by the members of the craft shops or cooperatives is the basis for membership. The acceptance takes place according to the majority of votes of the leading members of the respective union. Article 10: The individual and collective members of the Federation of Afghanistan Craftsmen & Traders have to pay the admission fees as well as the monthly or quarterly membership fee which is fixed by the Central Council of Federation of Afghanistan Craftsmen & Traders. They get the Federation ID card soon after settlement of the admission and the first membership fee. Article 11: Membership would be terminated under the following circumstances:
Chapter Four The rights and responsibilities of the members of the Federation Article 12: Following are the rights of the Federation members:
Article 13: The cooperative members of the Federation have got the same right to vote as the individual craftsmen members of the Federation. Article 14: Followings are the responsibilities of the members of the Federation:
Chapter Five The Governance Structure of the Federation Article 15: In view of the principle of collective leadership, the Federation conducts its activities and settles down all the related issues through a wider and active participation of the members of the Federation. Article 16: Following is the governance structure of the Federation: · The general assembly of the Federation · The Central Council of the Federation and its executive committee · City council and provincial council of the Federation of Afghanistan Craftsmen & Traders and their executive committees · Guild unions and their executive committees Article 17: The general assembly is the highest leading authority of the Federation, which is ordinarily held every other 3 years, however, at certain circumstances it can be held extraordinarily as per the request of the Central Council or 1/3 of the members of the Federation in 3 months from the day they make a request for holding an extraordinary assembly of the Federation. Article 18: The Central Council of the Federation determines the criteria for selection of representatives as well as the ways of work of the general assembly. It sets agenda for the general assembly. Representatives also can add new items in the agenda. Federation members who demand for convention of extraordinary general assembly sessions need to write down their reasons and submit them to the executive committee of the Central Council of the Federation. Article 19: Following are the capabilities and the duties of the general assembly: · Evaluation of the activity reports of the Central Council · Electing the president of the Central Council, specifying the number and election of the Central Counsel members · Amendment and ratification of the statute · Discussion and taking decision about most important issues related to the activities of the Federation · Defining the basic areas of the Federation activities · In case the president of the general assembly resigns or gets a hard-to-recover illness or dies, the first vice-president of the Central Council undertake the duties of the deceased president until the convention of the next general assembly. Article 20: The general assembly is convened at the participation of 2/3 of the representatives, decisions are made by the majority of the elected representatives present in the general assembly and the president is elected by direct and secret voting. Article 21: The Central Council is the leading organ in the interval between two general assembly conventions and has got the following duties and capabilities: · Determination of number of the steering committee members, election of a deputy or deputies of the Central Council and termination of the members. · Evaluation of the reports presented by the executive committee in relation to the activities as well as implementation of the socioeconomic plans of the Federation · Implementation of the general assembly resolutions · Ratification, formulation, amendment, and presentation of the statute in the next general assembly meeting · Leading the activities of the councils under the influence of the Central Council · Ratification of the annual plan and budget of the Federation · Calling for convention of ordinary and extraordinary general assembly meeting · Formulation and ratification of the rules and regulations of the Federation · Election of central auditory commission Article 22: The ordinary meetings of the Central Council are convened at least once annually and extraordinary meetings are held at the request of the executive committee or at the request of 1/3 of the members of the Central Council, the decision is made according to the consensus of the majority of members. (In important issues only direct and secret vote is validated) Article 23: The executive committee is the administrative body of the Federation which bears the following duties and capabilities:
Article 24: Note: In case of the existence of two or more guilds, each made up of at least 50 members, and involved in similar production activities, union of guilds could be established, which would operate under the leadership of the provincial council according to the terms of references defined by the Central Council. Article 25: The city and provincial councils of the Federation of Craftsmen & Traders are set up in order to lead the uinons of guilds in Kabul city as well as provinces. The members of the city and provincial councils are elected at meetings where the majority of the participants are provincial craftsmen or their representatives. The provincial and district unions of guilds operate under the leadership of the provincial council of the FACT. When the unions of guilds is established, its executive members are also elected. The activities of the unions of guilds are organized according to the model statute of the Federations of guilds Article 26: The city and provincial councils of the FACT bear the following duties and capabilities: · Election of the president, vice-president and the executive committee for a period of 3 years · The executive committee of the city and provincial council is always active · Analyzing and resolution of demands and suggestions of the craftsmen, workshops and cooperatives in relation to livelihoods etc. Consideration of important issues is referred to the senior administrations of the Federation. · Signing and implementation of contracts and protocols, as representatives of the members of the Federation, with state institution, private agencies and social organizations with the prior agreement of the Central Council · Efforts to create law and order at workshops, develop production creativity of the members of the Federation and seek the better ways of production activities · Effort in providing better social services and creating of relief funds for the members · Management of admission of new members in the Federation · Taking measures for the educational, cultural and literacy promotion among the members of the Federation with the spirit of patriotism · The city, provincial, and district councils hold at least one meeting per year where they discuss the basic issues of the activities of the Federation Article 27: Guild Federation: Guild union which is the foundation of the FACT is created by voluntary participation of at least 10 craftsmen in the first general assembly convention. The president, vice-president and the executive committee of the guild union is also elected by the general assembly. The general assembly of the guild union is ordinarily convened at least once per year but extraordinary sessions can be held at the direction of the higher authorities of the Federation of Afghanistan Craftsmen & Traders or at the request of the 2/3 of the members. The Federation has a duty to defend the rights and interests of the member craftsmen, pass their problems and suggestions to the higher authorities of the Federation and also attract the moral and material aids of the Federation of Craftsmen & Traders, state institutions, and NGOs, promote the contribution of the craftsmen in national economy as well as the quantity and quality of the products, make a timely collection of the membership fees and transfer it to the respective accounts of councils Each union has got its own terms of references as well as a set of policy and procedures approved by the FACT. The statute of the FACT is legally valid for all Federations. Chapter Six The budget and financial affairs of the Federation Article 28: The Federation uses its fund only for realization of the defined objectives listed in the statute. Article 29: Following are the income sources of the Federation to finance its activities: · Admission fees of 10 AFS and membership fees of 10-100 AFS · Voluntary donations by the members · Donations received from NGOs · Selling publications and providing services Article 30: The ways of making use of the Federation fund is determined by the Central Council of the Federation. Article 31: The Central Council of the Federation has set up an inspection commission to keep an eye on the administrative and financial activities of the Federation. It also has defined the capabilities and terms of references of the commission which is accountable to the Central Council. The inspection commission of the city and provincial councils is set up by the councils themselves.
Chapter Seven Miscellaneous rules and regulations Article 32: The Federation has got a special logo and stamp approved by the general assembly of the Federation and has got the following features: The Federation stamp has got a circular shape which is surrounded by a gear. Within the circle the title of the FACT is written in three languages. In the core of the circle stands an anvil above which there is a saying of the Prophet which means: “Craftsman is a friend of God”. There is also written the foundation year of the FACT. The Federation is established based on law and functions in the light of the sacred religion of Islam, the Constitution of the Islamic Republic of Afghanistan, the law of social organizations, other relevant laws and this statute. The dissolution of the Federation takes place according to the law and the decision of general assembly of the Federation.
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