About TGBC : Constitutions
Posted by admin on 2011/3/23 10:00:04 (22048 reads)

 

By-Laws of Taiwan Green Building Council
Updated since 2 February 2006
By Rita Lin, Deputy Secretary General

 Chapter 1        General Rules

Article 1

The official name of this council shall be Taiwan Green Building Council, hereinafter referred to as the council.

Article 2  

The council is established and registered as a non-profit organization and the representative member of World Green Building Council in Taiwan. The purpose of the council is to extensively promote green building, to facilitate international cooperation, and to assist the globalization of the construction industry of Taiwan. 

Article 3 The organization region of the council is within the jurisdiction of Taiwan. 
Article 4

The council shall be located at the area where the supervising authority resides. The council may establish local chapters under the approval of the supervising authority. The guideline for establishing local chapters shall be proposed by the executive board of the council. The guideline shall be effective as it is approved.
The address of the council and its chapters shall be reported to the supervising authority while being determined or changed. 

Article 5

The mission statements of the council are as follows.
A. Advance green building development and technology through researches, education, professional trainings, green building project evaluation, and consulting services.
B. Promote green building evaluation system and internationalization.
C. Assist the globalization of the green building and green building material industry of Taiwan.
D. Participate in green building international networks to facilitate international cooperation.
E. Others. 

Article 6   The supervising authority of the council is the Ministry of the Interior.  Based on the purpose and mission statements of the council, the direct supervisors shall be the Construction and Planning Agency and the Architecture and Building Research Institute.
Chapter 2 Membership
Article 7 

Membership is divided into four categories:
A. Individual member: Any person who must be elder than twenty-year-old, with working experiences in green building, agree with the purpose of the council, and fulfill the obligation of the council, can be the individual member.
B. Group member: Any organization, established under the approval by the government, that must be working for the green building development, agree with he purpose of the council, and fulfill the obligation of the council, can be the group member. A group member shall appoint three persons as representatives.
C. Honorary member: Any person or organization that has remarkable contributions to green building development or promotion and receives nomination by the member of the executive board can be the honorary member after the board approves the nomination.
D. Sponsor member: Any person or organization that has remarkable contributions to the operation of the council affairs can be the sponsor member after the board approves the nomination.
All members shall be recognized and accepted by the executive board and pay membership (registration and annual) fees according to the by-laws of the council.

Article 8

Members (Representatives of group members) have the right to vote, elect, being elected, and recall. Each member shares each own right except sponsor members and honorary members.

Article 9  

Members shall be obliged to obey the by-laws and resolutions of the council, and to pay membership fee.
Those who do not pay membership fee shall not share any right. Those who fail to pay membership fee for two consecutive years shall lose membership automatically. Members who disaffiliate, withdraw, or be suspended from performing duties and rights previously shall pay the unpaid fees prior to renewing the membership after the approval of the executive board.

Article 10

Members (representatives of group members) who violate laws, disobey the by-laws or resolutions of the member congress of the council will be warned or suspended by the executive board. Membership of misbehaved members who cause serious detriments to the council shall be terminated by the member congress.

Article 11

 Conditions of disaffiliation include:
A. Loss of membership.
B. Removal from membership list under the approval of member congress.

Article 12

Members can file written statements to the council for terminating the membership.

Chapter 3 Organization and Obligations
Article 13

The utmost power of the council shall be vested in the member congress. Members (including representatives of group members) over three hundred people shall elect regional representatives according to regional proportions. The regional representatives shall perform the duties and rights at the member congress. After electing the regional representatives, the member congress shall be reconvened. The term of the representative member is three years. The quota of representative members, and the election rules thereof, shall be initiated by the executive board and become effective after reporting to the supervising authority.

Article 14  

Obligations of the member congress are as follows.
A. Make and modify the by-laws of the council.
B. Elect and recall the executive board and the senate.
C. Determine member¡¦s registration fee, annual fee, council cost, member¡¦s donation fee, and methods of donation.
D. Resolve annual working plans, reports, budgets and audits.
E. Remove membership.
F. Manage the properties of the council.
G. Dismiss the council.
H. Resolve important matters related to member rights and duties.
The important matters stated above shall be defined by the executive board.

Article 15

 The executive board includes twenty-one members. The senate includes seven members. In the executive board election, members whose votes are ranked from twenty-two to twenty-eight shall be the waiting board members. In the senate election, members whose votes are ranked eight and nine shall be the waiting senators. The waiting board members or senators will become board members or senators in accordance with the ranking order of votes while necessary.
The current executive board can propose the name list for next election. Board members and senators can be elected by correspondence that cannot be held consecutively however. The methods of correspondent election shall be resolved by the executive board and become effective after reporting to the supervising authority.

Article 16

Obligations of the executive board are as follows.
A. Determine the qualifications of members (representatives of group members).
B. Elect and recall standing board member and the chairperson of the executive board.
C. Resolve the resignation of board members, standing board members, and the chairperson of the executive board.
D. Recruit staff.
E. Initiate annual working plans, reports, budgets, and audits.
F. Others. 

Article 17

 The executive board shall include seven standing board members elected by all members of the executive board. Board members shall elect one chairperson and one deputy chairperson among the standing board members. The chairperson is responsible for supervising the operation of the council and representing the council. The chairperson also serves as the chairperson of the member congress.
In the event of the chairperson absence, the deputy chairperson shall perform the duties of the chairperson. In the event of the deputy chairperson absence, one of the standing board members shall perform the duties of the chairperson. In case there is no appointed standing board member, standing board members shall resolve one board member to perform the duties of the chairperson.
A re-election shall be held within one month when the position of chairperson and standing board members are vacant. 

Article 18

Obligations of the senate are as follows.
A. Supervise and monitor the operation of the executive board.
B. Review annual audits.
C. Elect and recall standing senators.
D. Resolve the resignation of the senate and standing senators.
E. Others.

 Article 19

The senate shall have one standing senator elected by the senate. The standing senator shall supervise the operation of the council and serve as the chairperson of the senate.
In the event of the standing senator absence, one of the senators shall be designated and perform the duties of the standing senator. In case there is no appointed standing senator, the senate shall resolve one senator to perform the duties of the standing senator.
A re-election shall be held within one month when the standing senator is vacant.

Article 20 Executive board members and senators are not paid. The term is three years while the elected can be reelected. The chairperson can be reelected once. The term of the executive board and the senate shall start as the first executive board meeting is held.
 Article 21

The executive board member and the senator shall be displaced in any event of the follows.
A. Loss of membership.
B. The executive board or the senate passes his/her resignation.
C. Being recalled or revoked from the position.
D. The right within the council has been suspended over half a term.

 Article 22

The council shall select one Chief Executive Officer (CEO) and one Deputy Secretary General. Both positions will assist the chairperson to manage the affairs of the council. The supervising authority shall be informed of the appointment of Chief Executive Officer and Deputy Secretary General.
Several staff can be hired after being nominated by the chairperson and then approved by the executive board. The name list of staff shall be reported to the supervising authority. The Chief Executive Officer, Deputy Secretary General or staff cannot be the executive board member or the senator.
The works and responsibilities of the staff are determined and assigned by the executive board.

Article 23

The council can set up various committees, teams or other internal units. The organizational structure and change of these units shall be enacted after the executive board passes the proposal.

Article 24

The executive board can hire one honorary chairperson, several honorary board members or advisors. Their terms are the same as the current executive board members and senators. 

Chapter 4 Meetings
Article 25

 Member Congress is divided into two kinds, one is regular and the other is emergent. The congress shall be convened by the chairperson. Members shall be informed of the member congress fifteen days prior to the day of congress except emergent meetings.
Regular member congress shall be held annually. The emergent congress can be held as the executive board resolves that it is necessary or over one fifth of total members requests it. The senate can make this request by mail.
Once the council is registered as a corporation, one tenth of total members can make the request of the emergent member congress.

 Article 26    

 A member can represent another member by proxy to attend the congress with a written statement. Each member can represent only one member from among the others by proxy.

 Article 27

 As one half of the members attends the member congress, the resolution resolved by the majority of present members shall be enacted, in exclusive of the following affairs that can be resolved only if two-third of total members is present:
A. Propose or modify the by-laws.
B. Drop member.
C. Recall the executive board or the senate.
D. Manage the properties of the council.
E. Dismiss the council.
F. Other important affairs regarding members¡¦ rights and duties.
After the council is registered as a corporation, it requires over three fourths of total members who are present or two thirds of members¡¦ written requests to change the by-laws.
With the agreement made by over two thirds of total members can the council be dissolved.

 Article 28  

The meeting of the executive board and the senate shall be convened at least once half a year. Both board members can hold joint meetings or emergent meetings while necessary.
Except the emergent meeting, the meetings shall be announced seven days prior to the meeting is held. When over one half of executive board members and senators is present (counted separately), the resolutions can be passed with the majority vote.

 Article 29

Executive board members shall attend the board meetings, while the senator shall attend the senate meetings. No proxy can be appointed to attend these meetings. Any executive board member or senator is absent twice for no reason shall resign.

Chapter 5 Expenses and Accounting
 Article 30

 The expenses of the council comes from:
A. Membership fees, including registration fees and annual fees (NTD):

Member type
Registration fee
Annual fee
Individual
500
500
Group
5,000
10,000
Honorary
none
none
Sponsor
none
none

B. Operating expenses.
C. Member¡¦s donation.
D. Profits from trustees.
E. Fund and its interests.
F. Others.

Article 31

The financial year of the council starts from January 1 to December 31.

 Article 32  

 The executive board of the council shall propose annual working plan, budget, and payrolls of staff to the member congress two months before the new financial year begins. Once the proposal is passed by the member congress, it shall be reported to the supervising authority. After the end of the financial year, the executive board shall propose annual working report, cash report, balance sheet, property list, and fund balance to the senate within two months. After the senate has reviewed the documents, the feedback shall be sent to the executive board and then referred to the member congress. The documents shall be reported to the supervising authority before the end of March. (The document shall be reported to the supervising authority even though the member congress cannot be held as scheduled).

 Article 33  

Once the council is dissolved, the remaining properties of the council can be vested in the organization appointed by the supervising authority.

Chapter 6 Additional clause
 Article 34 Other unstated regulations shall abide by the laws.
 Article 35 The by-laws shall be passed by the member congress. The by-laws shall be enacted or changed after reporting to the supervising authority.
 Article 36 he establishment of the Council has been approved by the Ministry of the Interior of Taiwan (TNS Letter No. 0930038926), and the by-laws of the council are approved by the Member Congress on January 21, 2005.

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