Chapter Ⅰ General Provisions
Article 1: The Association is named “Shanghai Ceramics Association”(SCA).
Article 2: As a nonprofit public body with an independent legal person status, the Association is autonomous social organization consisting of voluntary enterprises, universities, research and design institutes, and consulting institutions who are engaged in production of and research on or service for ceramics, glasses, crystals, refractories, inorganic bio-ceramics and environmental protection materials, inorganic coatings and films, equipment and testing instruments, etc. At present time SCA has ceramic sub-associations, glass sub-associations and machinery and equipment sub-associations.
Article 3: The purposes of the Association are: to abide by the Constitution and the laws and regulations of the People’s Republic of China as well as policies of the State, observe social morality, serve the members of the Association, respect and cultivate talents, promote to improve their professional skill, strengthen cooperation amongst research institutes, universities, designing and consultant institutions, manufacturers, and service industry aiming at the demands of development of enterprises, promote technical and economic development in Shanghai Ceramic Industry.
Article 4: The Association is subject to supervision, inspection and administration by Shanghai Economic Commission and Shanghai Administration Bureau Of NGOs.
Chapter Ⅱ Scope of Activities
Article 5: The Association shall conduct the personnel training, consultancy, exhibition, investigation, expounding and formulating standards, examining qualification, interchanging information and international business, etc. i.e.:
― To conduct personnel technical training, technical consulting service, exchanging information, holding exhibition, briefing products and promoting international business;
― To publish Journal of SCA periodically and to transmit information of development of new technology and market demands, organize co-design and co-trial and promote new products for enterprises;
― To carry out safety examination of new product design, conduct safety training for the operational personnel and investigate and analyze production accident under authorization or entrustment by government;
― To participate in professional demonstration of concerned governmental decisions, for development and reform, present proposal for economic policy and legislation, and participate concerning hearing held by government;
― To investigate or apply to government for investigation on anti-dumping, antimonopoly, antisubsidy in ceramic industry under entrustment of enterprises;
― To formulate criteria of products and after-sale service in accordance with constitution of SCA or pledge of members of SCA;
― To participate in formulating, amending national and local standards and criteria of products and organizing and promoting implementation of these standards and criteria;
― To establish economic archives of members of SCA, collect, accumulate and analyze relevant statistic data, so as to provide decisional service for members of SCA;
― To supervise members of SCA to abide by regulations , rules and pledges of members of SCA and maintain market order;
― To deal with coordination between members of SCA, members and non-members, members and the other professional managers, customers, or other organizations;
― To promote economic and technical cooperation, and develop exchange of experiences in design, production, marketing, service, management, administrative system, reform, etc. at home and abroad, and promote cooperation amongst members of SCA;
― To audit feasibility of major investment, reconstruction, and development projects and participate in project supervision under entrustment by government;
― To recommend high-tech products, famous brand products, advertise together with enterprises, organize appraisal for technical achievements and put forward popularization and application of new products, new technology and other technical achievements;
― To participate in evaluation for professional position and working out technical and operational specification;
― To take other relevant responsibilities authorized by laws and regulations and entrusted by government.
Chapter Ⅲ Members
Article 6: All members of SCA are organization members.
Article 7: Any individual organization with the following conditions can apply for an member of SCA:
1. To accept the constitution of SCA;
2. To be engaged in ceramic specialty and willing to join SCA voluntarily;
3. To take part in and contribute to various activities organized by SCA.
Article 8: Procedures for Admission
1. A written application submitted to SCA;
2. Approval by the Council;
3. A certificate issued by the Council.
Article 9: Rights of the members
1. The right to elect and to be elected as an officer in the SCA;
2. The right to take a part in the activities of the SCA;
3. The right to enjoy the priority of receiving services of the SCA;
4. The right to suggest, criticize and supervise the work of the SCA;
5. Members may withdraw their memberships from the SCA voluntarily.
Article 10: Duties of Members
1. To execute the decisions and resolutions of the SCA enthusiastically;
2. To safeguard lawful rights and interests of the SCA;
3. To complete the assigned tasks by the SCA;
4. To report true conditions and circumstances and offer relevant information to the SCA;
5. To pay membership dues on time set forth by the SCA.
Article 11: Members who are going to withdraw their memberships from the Association are required to submit their written requests for withdrawal and return back whose membership certificate issued by the SCA. A member who has not paid membership dues for one year without any sound reasons or has refused to take part in the activities arranged by the Association for one year is regarded as quitting his membership of the SCA automatically.
Article 12: Members who have violated the criminal laws or the Constitution of SCA will be deprived of the memberships upon the decision made by the Council of SCA.
Chapter Ⅳ Organizational Structure and Composition,
Selection and Dismissal of Personnel
Article 13: The Members’ Congress serves as the top organ of the Association. The responsibilities of Members’ Congress are:
1. To formulate and amend the constitution of the Association;
2. To elect and dismiss directors.
3. To examine and approve the working report and financial report presented by the Council.
4. To decide to quit the Association.
5. To decide other important matters.
Article 14: The Members’ Congress shall be held only when over two-thirds of the members are present, and the resolution of the Congress shall be adopted only with the support of over a half of the members present.
Article 15: The term of the Members’ Congress is five years. Owing to special reasons, the re-election shall be brought forward or postponed only when the Council takes a vote and approves it and then reports for examination and approval by the league register and management organization of government. The longest term for postponing re-election shall be less than one year.
Article 16: The Council set up by the Association serves as the executive body of the Members’ Congress. When the Members’ Congress is not in session, the Council is the highest authority of the SCA to make policy decisions and take responsibilities for the Members’ Congress.
Article 17: The Council shall enjoy the following authorities:
1. To implement the resolution of the Members’ Congress;
2. To elect and dismiss the President, Vice President;
3. To appoint to the Secretary-General, the Deputy Secretary-General and the head of all the working institutions and branches of the Association;
4. To prepare and hold sessions of the Members Congress;
5. To report Association’s work and financial status to the Members’ Congress;
6. To decide to recruit or dismiss members;
7. To set up, when needed, its work institutions, branches of institutions, representative agencies and entities;
8. To lead the above institutions to do the work arranged by the Association;
9. To establish the internal administrative system;
10. To decide on other important matters.
Article 18: The Council meeting shall be held only when over two-thirds of the Directors are present, and the resolution of the Council shall not be approved unless more than two-thirds of the members present agree with it
Article 19: The Council meeting should be held annually.
Article 20: The President, Vice President, and Secretary-General should meet the following conditions:
1. To persist in the political line and policy of Communist Party of China, and have an excellent political aptitude;
2. To be of great influence and high prestige within the scope of activities of the Association;
3. Age not over 70 for President and Vice President, and for Secretary-General, less than 65;
4. To enjoy a good health and be able to complete routine work;
5. To have no record of criminal punishment depriving of political rights;
6. To be fully responsible for any civil liabilities.
Article 21: In case the age of President, Vice President, and Secretary-General exceeds the maximum age limitation stipulated in Article 20, approval by Council and report to higher level of administrative department for examination and approval by the league register and management organization of government is required.
Article 22: The term of session of President and Vice President is five years (President and Vice President can be elected and appointed in succession, but for two consecutive terms at most). In special case the term of President and Vice President can be extended upon the agreement by more than two-thirds of the members and examination by higher level of administrative department and approval by Association Registration Agency. The President serves as the legal person of the Association. The legal person of the Association should not serve as any other commonalty.
Article 23: The President of the Association shall fulfill the following authorities:
1. To hold and preside over the Council meetings;
2. To check the implementation of resolutions adopted by the Council or the Members’ Congress.
3. To sign relevant important documents on behalf of the Association;
Article 24: The Secretary-General shall fulfill the following authorities:
1. To take charge of routine work of the Association and organize implementation of the annual work plan;
2. To coordinate the branches of institutions, representative agencies and entities in their work;
3. To nominate candidates of Deputy Secretary-General and chief leaders in charge of the work institutions, branches of institutions, representative agencies and entities and submit for approval by the Council;
4. To decide the employment of full-time or part-time staff serving in the work institutions, branches of institutions, representative agencies and entities;
5. To handle other routine work.
ChapterⅤ Leadership
Article 26 All the activities of the Association shall coordinate into the work of relevant departments of government so as to enjoy the support of the government.
Chapter Ⅵ Financial Management and Expenditure
Article 27: Financial input to the Association shall come from:
1. Membership dues;
2. Endowments;
3. Assistance from the government;
4. Income from conducting various lawful causes and services upon approval by government;
5. Interests;
6. Other legal earnings.
Article 28: The Association shall collect membership dues according to regulations of the State.
Article 29: Expenditure of the Association shall be used within the scope of activities and development as provided by the Constitution. The fund making up the expenditure shall not be distributed among members.
Article 30: The Association shall build up strict financial management rules to assure its accounting statements be legal, true, exact and complete.
Article 31: Qualified accountants shall be employed by the Association, who shall not serve concurrently as a cashier. The accountant should abide by《Law of Accounting》of the State and relevant financial regulations and rules. The accountant shall complete hand-over procedures perfectly with his successor when transferred or removed.
Article 32: The financial management should follow the financial regulations stipulated by government. The Financial conditions shall be under the supervision of the Members’ Congress and financial department of the government. Financial contribution from the government or public organizations shall be under the supervision of audit institutions and relevant matters shall be made public in a proper way.
Article 33: Before re-election or replacement of the legal person, the financial condition of the Association shall be audited by the league register and management organization of government.
Article 34: The fund of the Association shall neither be misappropriated and diverted for other purposes by any institution or individual nor be distributed among members.
Article 35: The salary, insurance and welfare offered to full-time staff of the Association shall be provided in accordance with relevant regulations of the State for public institutions.
Chapter Ⅶ Amendment Process of the Constitution
Article 36: Any amendment of the Constitution shall be submitted to the Members’ Congress for approval after the vote by the Council.
Article 37: The amended Constitution shall be submitted to relevant administrative departments for passing examination in time (within 15 days) and it shall be in effect after approval by the league register and management organization of government.
Chapter Ⅷ Termination and treatment of properties
Article 38: If the Association has accomplished its mission or is going to disincorporate by itself, the termination proposal shall be submitted by the Council.
Article 39: Termination proposal shall be submitted to the Members’ Congress for adoption and to the agency of registration for approval.
Article 40: Before termination, a financial settlement group shall be set up to handle creditors’ rights and debts as well as problems arising from the termination. During this period, all activities other than the settlement shall cease in principle.
Article 41: Termination will be in effect immediately after registration for cancel in the league register and management organization of government.
Article 42: The remaining property after the termination of the Association shall be used under the supervision of the league register and management organization of government for purposes consistent with the Association based on relevant regulations of the State.
Chapter Ⅸ Supplementary Provisions
Article 43: The Constitution was approved by the Members’ Congress on Dec. 5th, 2003.
Article 44: The Council of the Association shall have the right to interpret the Constitution.
Article 45: The Constitution shall be in effect as of the day of approval by the league register and management organization of the government.