Part
III
The Central Organisation
General Assembly,
The President, The Central Council, Working Committee, Secretary General, Incharges of
Central Departments
Components of the
Central System (Article 15)
The central system of
Jamaat-e-Islami Pakistan shall comprise the following components:
- General Assembly of the
Jamaat-e-Islami Pakistan (Article 16).
- The President, (Article 17), and his
appointed Vice President(s), if any, (Article 19) (4)(c).
The Central Council
(Article 21).
Central Working
Committee (Article 19) (4), (Article 34).
- Secretary General (Article 35).
Incharges of Central
Departments (Article 19) (4)(h), (Article 37).
1. General Assembly
Definition (Article 16)
- The ultimate powers in all matters of
Jamaat-e-Islami Pakistan shall vest in the General Assembly.
The Session and Status
- The Central Council or the President can
convene the General Assembly whenever they deem it necessary according to the needs of the
Jamaat. Also, if two or more provinces of the Jamaat, or Councils of five of
the organisational sectors demand for this by passing a regular resolution, it will be
necessary to convene the Assembly within a reasonable time.
- The definition of General Assembly may also
include an Assembly to which all the members may not be invited for participation but
according to the recommendation of the Central Council only the select delegates from
amongst the Jamaat members from every organisational province, division or district
may be summoned.
2. The President
Position, Appointment,
Tenure (Article 17)
1. There shall be a
President of Jamaat-e-Islami Pakistan, whose status will not be that of the Leader
of the Faithful (Ameer al-Momineen) but only that of the President of this Jamaat.
Jamaat members shall be bound to obey him in the rightful (Maruf).
2. The Jamaat
s calling shall be to its creed and objective, not to the person or office of the
President.
3. The members of the
Jamaat shall make the appointment of the President by direct vote and simple
majority shall be decisive in this vote.
3a. At least three months
ahead of the expiry of the Presidents term of office, the Council shall appoint an
Election Supervisor and enact necessary rules for the election.
4. The election of the
President shall be for five years, and the Jamaat members may elect the same person
more than once should they so desire.
5. It shall be necessary
that a new election for Presidency be completed before the incumbents term ends. But
if this could not happen, the incumbent would continue in office till the successors
assuming charge of the office, but this duration would not be more than three months.
6. If the office of the
President falls vacant for any reason like resignation or dismissal and it is not possible
to hold an election for a new President, the Central Council shall elect a President
temporarily. In this election simple majority of the vote of the Council will be decisive.
This temporary arrangement will be for six months at the most and it shall be necessary to
have a new President elected by the members before the lapse of this period.
7. If it becomes
inescapable for the President to temporarily abdicate his duties, he will appoint someone
from among the members of the Council to act in his place. The period of such an
appointment shall not be more than a year and, in case of exceeding six months, the
appointment shall have to be ratified by the Central Council.
The Oath (Article 18)
Before assuming the
office, it shall be imperative for the President (whether interim or permanent, or acting)
to take oath of office as given in Appendix I of this constitution. The President can take
this oath at General Assembly, or at a session of the Central Council, or at a local
assembly of members, as per situation.
Duties and Powers of
the President (Article 19)
1. The ultimate
responsibility for running the Jamaat s organisation and the movement shall be
of the President and he shall be responsible to the Council and members of the
Jamaat.
2. The President shall
formulate Jamaat s policies and take decisions on important issues in
consultation with the Central Council.
3. It shall be binding on
the President:
- To give priority to obedience and loyalty
to Allah and His Prophet over the rest.
- To consider the service of
Jamaats objective and mission his foremost obligation.
- To give preference to Jamaat s
interests and the obligations for its work over his own person and personal benefits.
- To decide among the members of the
Jamaat with justice and honesty.
- To protect what is entrusted to him by the
Jamaat.
- To abide by this Constitution and do his
best to establish the Jamaats organisation according to it.
4. The President shall
have the following powers:
- Selection of his Working Committee from
amongst the members of the Central Council.
- Taking action with the consultation of
members whom could be approached for consultation in case when taking immediate action on
important issues becomes necessary but the Central Council or the Working Committee could
not be convened.
- Appointment of Vice President(s) from
amongst the Central Council or with the consultation of the Council.
- Running of administrative affairs of the
Jamaat, and use of the Jamaat s assets while observing the limitations,
if any, imposed in the interests of the Jamaat by the Central Council.
- Admission of members in the Jamaat
(Article 7) and their exclusion (Article 90).
- Suspension or dissolution of any
subordinate Jamaat. (Article 91).
- Appointment or dismissal of subordinate
Presidents, (Article 40, 54, 68, 84)
- Appointment and dismissal of the Secretary
General of the Jamaat and the staff of the Central Departments (Article 35, 36, 37).
- Expenditure from the Jamaat s
Fund (Bayt al-Maal) on the work of the Jamaat (Article 96).
- Extension in the Central Councils
tenure (Article 23)
- Permission to anyone other than the members
of the Central Council to attend its meeting (Article 27).
- Ban the participation as observer or in
other status of non-members in the meeting of the Central Council (Article 26, 27).
- Convening the General Assembly of the
Jamaat (Article16).
- Implementation of the Jamaat s
decisions according to his discretion.
- Delegation of some of his powers to another
person.
3. The Central Council
Composition and
formation (Article 20)
There shall be a Central
Council, formed according to Article 21, to assist and advise the President, and its name
shall be "Markazi Majlis-e-Shura" or "Majlis-e-Shura Jamaat-e-Islami
Pakistan".
Article
20 a
At least three months
ahead of the end of Central Councils tenure, the President shall appoint an Election
Supervisor and vest him with powers required for conducting the election of the new
Council.
Article
21
1. The number of the
elected members of the Central Council shall at least be 50, who shall be elected by
direct vote of the Jamaat members. Before an election, the President or his
appointed Election Supervisor shall determine appropriate constituencies by distributing
this strength in proportion to the number of members from each province ensuring that each
province has at least one seat.
2. The President shall be
the Chair of this Council and shall have the right of casting the tie-vote.
2a. Secretary General of
the Jamaat shall be ex-officio member and secretary of the Council.
2b. Vice President(s), if
any, shall be ex-officio members of the Council.
2c. Provincial Presidents
shall be ex-officio members of the Council.
3. If a seat falls vacant
in the Central Council it shall be necessary to fill it within three months.
4. Incharges of the
Central Departments shall be eligible for attending and participating in the meetings of
the Central Council but shall not be entitled to vote unless they are elected members of
the Central Council.
5. Central Staff members
shall be among the voters of the electoral constituencies within whose limits they live,
but the Incharges of the Central Departments shall be entitled only to vote and cannot be
elected to the Central Council.
The Inaugural Session(Article 22)
The President shall
convene the inaugural session of the new Central Council within two months of the election
of its members, where every member shall individually take the oath of office before the
President in accordance with Appendix 2 of this constitution. Afterwards, the President
shall apprise them about their duties and responsibilities as well as prevalent situation
and state of affairs of the Jamaat.
Tenure (Article 23)
1. The election of the
members of the Central Council shall be for three years, but if the President, because of
a change in situation facing the Jamaat or an alteration or a plausible reason,
considers it necessary, he can, after consulting the Council, decide for fresh elections.
2. If it is difficult to
hold election of the Central Council for some extraordinary circumstances, the President
shall be entitled to extend the tenure of the existing Council for upto one year after
consultation with the Provincial, Divisional, and District Presidents (that are
approachable).
Ordinary and
Extraordinary Sessions (Article 24)
- The Central Council shall usually sit once
a year for a session to be held, under normal circumstances, in the last quarter of the
fiscal year. In this session, the report on the work of the Jamaat, the budget and
the audit report of the Central Fund for the last year shall be presented; the work of the
Jamaat during the past year shall be analysed and assessed, and the next year
program shall be drawn up. This session of the Central Council shall be called
"Ordinary Session of the Council".
- The period between two ordinary sessions of
the Council shall not exceed 15 months.
Article
25
1. The President can
any time summon an extraordinary session of the Council.
2. Extraordinary session
of the Central Council would necessarily be convened in the following conditions:
a. When at least
one-fourth of the members of the Central Council demand of the President for convening the
session in writing.
b. When the seat of the
President falls vacant and there is no deputy, acting or temporarily appointed Ameer
the Central Department for Organisational Affairs of the Jamaat shall convene
a session of the Central Council.
Participation of
Jamaat members in the Central Councils Sessions as Observers (Article 26)
Ordinary members of the
Jamaat shall be entitled to attend the meetings of the Central Council as observers
but the President may, in the interests of the Jamaat, revoke this permission for a
particular session or part of it.
Participation of
non-members in the Session (Article 27)
If the President feels the
necessity of inviting a person or persons other than the members of the Council to be part
of consultation in some particular issue of the Jamaat, he may invite him/them to
the session but the issue can only be decided with the opinion of the members of
the Council.
Quorum (Article 28)
The quorum for the Centre
Councils session shall be one-third of the total number of its members. However, if
a session is prorogued for lack of quorum, no quorum shall be required for the next
session.
The Method for Reaching
Decisions in the Council (Article 29)
1. In general, all
matters shall be decided through consensus. But, in case of differences the decision of
the majority of the members present in the session shall be considered to be the decision
of the Central Council.
2. If the President
disagrees with the decision of the majority of the members of the Central Council, he may
postpone it till the next session of the Council, but the decision arrived at in this next
session shall be final.
Duties and
responsibilities of the Central Council (Article 30)
1. It shall be the
collective duty of the Central Council and of each member individually:
a. To give priority to
obedience and loyalty to Allah and His Prophet over the rest.
b. To always keep an eye
on the President, Jamaat, and themselves to ensure adherence to the Jamaat
s creed, commitment with its mission and observance of true Islamic mode of action.
c. To be regular in
attending the meetings of the Council.
d. To forthrightly express
their real opinion on all issues according to their knowledge, faith, and conscience.
e. To desist from making
permanent groups and blocs within the Jamaat, and should anyone be found so trying,
efforts should be made to correct him instead of encouraging or showing indifference to
him.
f. To try rectifying any
fault in the Jamaat and its work whenever and wherever it is seen.
2. The Central Council
shall be vested with the following powers:
- Formulating the Jamaat s
policy.
- Deposing the President provided that 2/3rd
of the elected members of the Central Council pass a no-confidence motion against him.
- Interpretation and amendment of the
Jamaat s Constitution, and making changes in the Jamaat s set-up.(1)
- Appointment of Secretary General of the
Jamaat and presenting no-confidence resolution against him (Article 35).
- Appointment of auditor for verification of
the Central Fund, and deliberation and necessary action on its report (Article 96).
- Approval of the central budget of the
Jamaat (Article 24).
- Authority to conduct above-board
accountability of President and his subordinate Incharges of the Central Departments, to
critically analyse and deliberate on their work.
- Appointment of central and provincial
parliamentary boards and determination of their scope.
- Appointment of boards, committees, and
commissions as required for work in different spheres and departments of the Jamaat
and determination of their scope.
- Convening the General Assembly of the
Jamaat, and, when necessary, inviting delegates from amongst the members instead of
the ordinary members (Article 16).
- Giving expression to opinion through the
passage of resolutions and other means, and taking other appropriate measures on issue
arising within and without the country in connection with the Jamaat s
mission, objectives and program.
- Formulation and adoption of rules and
regulations for the proceedings of the General Assembly and Central Council sessions.
- Taking all necessary steps according to the
Constitution for the realisation of Jamaat s mission.
- Delegation of its powers, or some of them,
along with the conditions that it wants to impose, to the Working Committee or any
committee or board composed of its members, or to the President or the Secretary General
or any other person or persons.
Dissolution of the
Central Council (Article 31)
If a President who had
earlier been dismissed with no-confidence motion of the Central Council is re-elected in
the new elections, this shall be a no-confidence of the Jamaat on the Central
Council and the Council shall stand dissolved on the day the President assumes charge of
the office by taking the oath. The elected President shall arrange for the election of a
new Council and shall carry on his work in the meanwhile with the assistance and advice of
a interim Working Committee composed of the Provincial Presidents.
Article
32
If at any time the number
of members capable of performing their duties falls short of even meeting the quorum
required for the session of the Central Council, then a council of all District Presidents
of the country shall be considered as alternative to the Central Council. This Council
shall have the discretion of either working as the Central Council, or arrange for the
formation of a new Council according to the Constitution, or devise some other appropriate
and practicable formula for assistance and advice to the President keeping intact the
spirit of the Constitution.
Article
33
In the event of the
Presidents office falling vacant, the power to convene the session of the Central
Council shall vest, in order, in the Secretary General of the Jamaat, the Central
Department for Organisational Affairs, every present member of the Central Council, and
every District Chief.(2)
4. Working Committee
Appointment, Status, and Powers (Article 34)
- There shall be a Working Committee of
Jamaat-e-Islami Pakistan, which shall consist of 15 members(3) whom the President shall select from amongst the
members of the Central Council. The President shall be its Chair, Secretary General its
ex-officio member and secretary, and Vice President(s), if any, its ex-officio member(s).
- If one ceases to be a member of the Central
Council, shall also cease to be a member of the Working Committee.
3. The President can
convene the session of the Working Committee whenever and as many times as he wants.
4. The quorum for the
Working Committee session shall be seven, of which at least four shall not be the office
bearers (of the Jamaat).
5. A new Working Committee
shall be formed after every new election of the Central Council.
6. During all such
conditions when the Central Council is not in session or it is difficult to convene it,
the Working Committee shall assume all the powers of the Central Council (except those of
amending the Constitution and deposing the President). However, the Central Council shall
have full power to ratify any of its decision or action, or disapprove it in part or in
whole.
5. The Secretary General
Appointment, Dismissal,
Duties and Powers (Article 35)
1. There shall be a
Secretary General of Jamaat-e-Islami Pakistan who shall be selected by the President
with the consultation of the Central Council.
2. Secretary General shall
continue in office only as long as the President is satisfied with his work, but his
dismissal shall be only with the consultation of the Central Council or the Working
Committee.
3. The Central Council can
dismiss the Secretary General through a no-confidence resolution, provided that, in case
the President does not agree with it, the number of the members voting in favour of the
no-confidence resolution shall not be less than half of the total number of members of the
Council.
4. The Secretary General
shall be the aide and representative of the President in all affairs of the Jamaat.
He shall perform duties and exercise powers that President shall assign him, and he shall
be answerable to the President for his work.
5. Before assuming the
charge of office, Secretary General shall take before President the oath that is given in
Appendix 3 of this Constitution.
Deputy Secretary
General(Article 36)
1. The President shall
be authorised to appoint one or more deputy secretaries general and distribute among them
from the duties and powers of the Secretary General according to his discretion.
2. The status of the
Deputy Secretary General whom the President may appoint as acting Secretary General in the
absence of the Secretary General shall be the same as given to the Secretary General of
the Jamaat in this Constitution.
6. Incharges of the
Central Departments
Appointment, Dismissal,
Duties and Powers (Article 37)
1. Each Central
Department shall be under a separate Incharge appointed by the President according to his
discretion.
2. An Incharge of a
Department shall continue in office only as long as the President is satisfied with his
work.
- The President shall determine duties and
powers of the Department Incharges.
(1)The amendments that have been
incorporated in the Constitution after its coming into force (June 1, 1957), can be seen
in Appendix 5.
(2)The Central Council in its session of
April 1987 approved an amendment for replacing the word Division with
province in Article 31, and local with district in
Articles 32 and 33.
(3)The Central Council in its session
held on Feb. 20-23, 1982, increased the number of the members of the Working Committee
from 12 to 15 by amending the Article 34, and this strength does not include President,
Vice Presidents, and Secretary General.
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