Aim, Scope, Basis and Definitions
Article 1 - (1)The aim of this constitution is to organize the structure of Scouting and Guiding Federation of Turkey, the formation and meetings of its General Assembly, the operations of Administration, Auditing and Discipline Committees, and to put in order the procedures and essentials of these committees' functions, authorities, and responsibilities.
Article 2 - (1) This Constitution includes the relations between General Assembly of Scouting and Guiding Federation of Turkey, Board of Directors, Auditing Committee, Discipline Committee and other committees, the Chairman, relevant clubs, scouts, leaders, leader trainers, administrators, delegates, and other staff with the procedures and essentials of the Federation and also with Directorate-General for Youth and Sports and Arbitration Tribunal.
Article 3 - (1) This constitution was prepared on the basis of Directorate-General for Youth and Sports's 21/5/1986 dated and 3289 numbered law and also with Directorate-General for Youth and Sports's 14/7/2004 dated and 25522 numbered frame regulation concerning Autonomous Federations.
Article 4 - (1) Some definitions are as follows:
Minister: The Minister responsible for Sport to which Directorate-General for Youth and Sports belongs,
THE ORGANISATIONAL STRUCTURE AND FUNCTIONS OF THE FEDERATION
Article 5 - (1) The center of the Federation is in Ankara. The Federation has central and provincial organisations. Provincial organisations are formed as regional directorates, representations of provinces or representation of the federation by Board of Directors' decisions.
(2) The central organisation of the Federation is composed of;
If required, organisational, legal, financial, sponsorship, and other committees can be created.
Functions of the Federation
Article 6 - (1) The functions of the Federation are:
To ensure balanced development and dissemination of scouting on national basis; with this aim, to make all kinds of arrangements, to make decisions, to implement these decisions and to enforce these decisions implemented.
Article 7 -
(1) General Assembly is the highest organ of the Federation.
(2) On the date of summons, members of the General Assembly are as follows:
Functions of General Assembly
Article 8 - (1) Functions of General Assembly are as follows:
Meetings of General Assembly
Article 9 - (1) All kinds of processes about General Assembly's meetings are carried out by Board of Directors. Regular General Assembly gathers every four years.
(2) Financial Committee gathers at a certain time in the month of April every year. This date is determined by Board of Directors. In Financial Committee's gatherings, past year's activity and financial reports of Board of Directors and also reports of Auditing Committee are discussed and released. The budget of following year is ratified.
(3) Extraordinary General Assembly gathers;upon taking a decision about the Chairman or Board of Directors who are unfavoured for office as a result of investigation made by the Minister for Sport to which Directorate-General belongs,
(4) In the case of Article (a) or if financial budget is not released, Extraordinary General Assembly gathers for election on the verge of completing the term of ffice of the Chairman and Board of Directors. Until General Assembly gathers, their functions are carried out by Auditing Committee.
(5) However, in the cases of Articles (b) and (c); unless General Assembly meeting takes place over 6 (six) months, Extraordinary General Assembly does not come together.
(6) Extraordinary General Assembly gathers at the latest 60 (sixty) days as from the date of meeting demand. Only agenda subjects are discussed.
(7) General Assembly gathers upon absolute majority of total number of embers.If the majority can not be provided at the first meeting, it gathers without majority on the following day. However, the number of participants must not be less than from double the amount of the number of honorable members of committees selected.
(8) Directorate-General keeps observer at the meetings. He/she gives his/her report to Directorate-General as submitted to the Minister whether General Assembly actions happen accordingly frame regulations and this constitution.
(9) In the event of assessment that General Assembly meets contrary to egislation, General Assembly is asked for annulment. Chairman of the Federation
Article 10 - (1) To be the Chairman of the Federation, followings are required;
a) To be citizen of Turkish Republic,
b) To be university graduate or to have tertiary education,c) Not to be faced prosecution due to accrual tax or insurance debt,
d) Not to be penalized with deprivation of enjoyment 6 (six) months in one go or 1 one) year in the aggregate before the election date,
e) Not to be convicted by disgraceful and dishonorable crimes such as crimes against the safety of the state, constitutional order, secret of state and espionage, embezzlement, perpetration, robbery, plundering, fraudulency, forgery, fraudulent conversion, fraudulent bankruptcy or rigging a bidding process and rigging discharge of debts, money laundering, smuggling, tax evasion, unjust enrichment except for crimes committed by imprudence and those translated into alternative sentences for short-term prison sentences or spended sentences and those categorized above.
(2) Nominees for the Chairman are demanded to submit following documents;
(3) Nominees for the Chairmanship submit their nominations at least 15 (fifteen) days before General Assembly and deposit the nomination fee -2,000 YTL- into bank account of the Federation. Board of Directors re-determines nomination fee 6 (six) months before General Assembly.
(4) Chairman's term of office is 4 (four) years. The election of the Chairman happens at the same time with the elections of Administration, Auditing, and scipline Committees.
(5) In absentia of the Chairman, Acting President is responsible. Term of office of Acting President is as long as Chairman's term of office. Acting President is appointed by the Chairman.
(6) In the event of death and resignation of the Chairman, on condition that a new election should be made, this task is executed by Acting President. However, if General Assembly is to be gathered in a time less than 6 (six) months, Extraordinary General Assembly does not come together due to evacuations in the administration.
Functions of the Chairman
Article (11)- (1) Functions of the Chairman are:
Board of Directors
Article 12- (1) Board of Directors is composed of 15 (fifteen) members, the Chairman and 14 (fourteen) members who will be elected by General Assembly. Substitute members at the same number are also elected. To be a member of Board of Directors, terms laid down in (a), (c), (ç), and (d) sub-clauses of item (1) at Article 10 of this constitution are demanded.
(2) Term of office of the Board of Directors is 4 (four) years. In the event of death and resignation of honorable members, successive substitute member is enrolled to Board of Directors. Due to reasons like death or resignation, if the total number of honorable and substitute members decreases to 5 (five), Extraordinary General Assembly is called to meet.
Functions of Board of Directors
Article 13 - (1) Functions of Board of Directors are:
Meetings of Board of Directors
Article 14 - (1) Board of Directors meets by majority at least once every three months by the Chairman in order to discuss the agenda. Subjects proposed by members are added on the agenda.
(2) Decisions are taken by majority. In the event of equality of votes, majority is obtained in the direction of Chairman's vote.
(3) Membership of a member who does not attend, without excuse, overlapping two meetings or four meetings at intervals comes to an end and his membership is replaced by substitute member who gets maximum votes.
(4) Excuses are notified in writing to the Chairman with its reasons before meeting time. Validity of excuses are accepted by the Board of Directors.
(5) Decisions are recorded, signed, and applied by Chairman and Executive Committee.
Article 15 - (1) Auditing Committee is selected by General Assembly for 4 (four) years and consists of three honorable and three substitute members. In the event of death and resignation of honorable members, successive substitute member is enrolled.
(2) To be a member of Auditing Committee, followings are required:
(3) Membership of a member who does not attend, without excuse, overlapping two meetings or four meetings at intervals comes to an end.
(4) Committee fulfills its duties independently. Unless members do not resign or withdraw, new members are not assigned.
(5) Members select a chairman among themselves.
(6) Auditing Committee takes its decisions by majority. If a member does not agree with a decision, he/she is responsible with submitting a report to General Assembly explaning his/her reasons.
Functions of Auditing Committee
Article 16 - (1) Auditing Committee controls the financial transactions of the Federation on behalf of General Assembly. It ascertains whether those are compatible with the constitution, documents, and resolutions. It submits a yearly auditing report to General Assembly's consent. If required, Assembly may take advantage of experts.
(2) While auditing, staff of the Federation must submit the required information and documents. Committee must deliver its report to the Federation at least 15 (fifteen) days before General Assembly meets.
Article 17 - (1) Discipline Committee is selected by General Assembly for 4 (four) years and consists of a chairman, four honorable and five substitute members. Members select an Acting President and a rapporteur among themselves. In the event of death and resignation of honorable members, successive substitute member is enrolled.
(2) To be a member of Discipline Committee, condition that minimum two members must be legal practitioner, in addition to terms laid down in (a) and (ç) sub-clauses of item (1) at Article 10 of this constitution is required.
(3) Members, legal practitioners, are required to have university degrees or to have tertiary education in the fields of Law or to graduate foreign universities which their equivalencies are approved by Higher Education Council (YÖK) or to have university degrees other sciences together with master's degree at Law.
(4) Committee takes its decisions by majority. Committee is independent with its tasks and decisions. Membership of a member who does not attend, without excuse, overlapping two meetings or four meetings at intervals comes to an end.
(5) Discipline Committee takes care of criminal matters relevant to clubs, institutions operating scouting, scouts, leaders, administrators, and other staff.
(6) Discipline Committee meets once at least every two months. Meeting is held with the participation of minimum three members upon the Chairman's demand. If honorable members do not attend meetings, substitute members may attend them.
(7) Agenda of meetings is determined by the Chairman. Decisions are taken by an absolute majority.
(8) Issues relating to actions and penalties consisting discipline crimes are arranged with instructions of Board of Directions.
Article 18 - (1) Arbitration Tribunal, established within Directorate-General for Youth and Sports, upon any objection, takes definite decisions in the events of disagreements between clubs and autonomous federations; between clubs and the Federation; between the Federation and scouts, leaders, leader trainer assistants, leader trainers, administrator and similar staff; between clubs and scouts, leaders, leader trainer assistants, leader trainers, administrator, and similar staff; and also between clubs as well as about
the decisions taken by the Federation and decisions of Discipline Committee by making investigation.
(2) Arbitration Tribunal adjudges taking into consideration Law No.3289, regulations of Directorate-General, principles of the Federation, and those of international federations.
Article 19 - (1) Education-Training, Programming, Technical, Organisational, Legal, Juridical, Financial, International Relations, Sponsorship Committees, and other sub-committees may be established with the consent of Board of Directors.
(2) Working procedures and essentials; commitment, duty, and authorization of these committees are arranged with the instructions prepared by Board of Directors.
Secreteriate-General and Administrative Units
Article 20 - (1) Administrative unit of the Federation is composed of Secretary General, technical administrator and trainer, other administrative and technical staff.
(2) Administrative unit is responsible with executing services and activities of the Federation within the framework of Board of Directors' decisions.
(3) Secretary General is the authorized and responsible person of the administrative unit and also is the chief of administrative staff. Technical administrators and trainers are subjected to the Chairman.
(4) Secretary General, in accordance with decisions of the Federation and higher institutions, is responsible with executing administrative and financial services of the Federation and is liable to Board of Directors. He/she attends General Assembly meetings. He/she acts as a rapporteur and a secretary of the Federation; carries out correspondences on behalf of the Chairman.
Article 21 - (1) Board of Directors may establish representations consisting regional directors in necessary regions, provincial representatives or substantial staff in order to provide internal contact. Additionally, it may establish provincial coordination committees.
Call For A General Meeting
Article 22 - (1) General Assembly meetings are held in Ankara, the center of the Federation.
(2) Agenda, date, and location of meetings are announced minimum 15 (fifteen) days before meetings in two newspapers publishing throughout the country.
(3) Meeting call, agenda, activity report, auditing report, and budget plan are announced via official website of the Federation and Directorate-General at least 15 (fifteen) days before the meeting.
General Assembly Membership List
Article 23 - (1) List of entitled members is prepared by the Federation. In the list, names and family names of members and their institutions they represent are specified. Membership list is announced via official website of the Federation and Directorate-General at least 30 (thirty) days before the General Assembly.
(2) Membership list can be objected within 15 (fifteen) days from announcement. Objection is determined by Board of Directors and settled in one day. It can be objected to this settlement in two days applying to Arbitration Tribunal. Arbitration Tribunal takes a definite decision about this objection from date of objection. All kinds of objections about General Assembly functions are settled by Court after its formation.
(3) Proceedings concerning to meeting are executed according to membership list.
(4) When institutions, corporations, associations or clubs, which have the right to select assembly members, lose their net worths and attributions due to annulment or other reasons, lose, too, their rights to select members.
(5) If a membership comes to an end due to resignation, death, exclusion, a new member is designated. This new member fulfills the residual term of former member.
Meeting and Quorum
Article 24 - (1) In order to call regular and extraordinary meetings, it is required that the number of attendees must be surplus one of half of total number of members. If this majority can not be provided at the first meeting, the second meeting gathers without majority on the following day. However, the number of attendees must not be less than from double the amount of the number of honorable members of committees selected.
(2) Election of the Chairman with Management and that of Auditing and Discipline Committees' members occur with getting the most votes. In the event of tie vote, it is held a second voting among two members and/or membership list who get most votes. If equality of votes does not change, Chairmanship of the Court sets the issue with drawing of lots.
(3) Three-fourths consent of votes of members attending General Assembly are required in order to make a decision for authorizing Board of Directors to purchase, sale, and lease real property and to get into debt of the Federation.
Attending Meeting and Determination of Majority
Article 25 - (1) The Federation formulates a document of General Assembly membership on behalf of qualified members and delivers them by signature during entrance of meeting hall.
(2) Majority for the meeting is determined by analysing the membership list and designating the number of attendees of the Chairman or Acting President or a member of Board of Directors assigned by the Chairman.
Constituting General Administration Board
Article 26 - (1) General Assembly meeting is opened with the speech of the Chairman or Acting President or a member of Board of Directors. After that, General Administration Board is constituted.
(2) General Administration Board is composed of a Chairman, Vice-Chairman, two secretaries, and two members working at elections. Board is constituted by election. General Administration Board is elected by open vote. Members of General Administration Board must be delegates of General Assembly.
(3) General Assembly may establish subsidiary committees facilitating its functions.
Functions and Attributions of General Administration Board
Article 27 - (1) General Administration Board is authorized and assigned with executing the meeting within the framework of decisions of constitution and frame regulations.
(2) Meeting minutes are signed by the chairman and members of General Administration Board at the end of meeting.
(3) Copies of minutes are delivered to the observer of Directorate-General and to the Federation at the end of General Assembly.
(4) General Administration Board may impose admonition people violating the order and safety of meetings. It refers to General Assembly's voting concerning people who violate the order consistently.
(5) Member, discharged from meeting as a result of majority of votes by General Assembly, must not attend the meeting and must not vote.
Establishing the Agenda and Negotiations
Article 28 - (1) The Chairman of the General Administration Board reveals the agenda to General Assembly announced before with call inscription.
(2) Proposals concerning inserting new articles into agenda that are not divergent to Constitution and frame regulations is possible with written applications signed by minimum 10 (ten) members. These proposals are submitted to open vote, accepted ones are inserted into the agenda. These agenda items are negotiated after negotiating and settling other items pre-announced.
(3) Members asking to speak about agenda items forward their written applications to General Administration Board. It puts in order the requests taking into consideration agenda arrangements. A member may transfer his/her turn another member. In this occasion, he may deliver his speech when it comes other member's turn.
(4) Chairman of the General Administration Board presents speech demands to General Assembly voting by taking into consideration the number of demands and General Assembly determines the speech durations.
(5) In General Assembly, spokesmen/spokeswomen from Board of Directors or Auditing Committee are responsible with replying the questions of members about the proceedings of the Federation.
(6) In the event of augmentation of negotiations due to exercising right to speak by other side, it may be passed on to voting of sufficiency of negotiations without ending following speeches. In case of any written application signed by minimum 10 (ten) members is presented, General Administration Board carries the proposal. The proposal is presented to General Assembly's voting after granting right to speak to members favouring or unfavouring the proposal by reading names of members who have the right to speak and announcing their rights to speak are reserved. In the case of approval of the proposal, speeches about that agenda item are ended.
(7) The Chairman of General Administration Board, during negotiations or voting, must not to make any explanations contrary to the principle of neutrality.
Standing for Committees
Article 29 - (1) To be a member of General Assembly is not stipulated for standing for Chairman with Management and Committees of Auditing and Discipline.
Arranging Electoral Register and Voting Papers
Article 30 - (1) Nominees for the chairmanship submit their membership list for Auditing and Discipline Committees to General Administration Board in writing. Application for nomination can be made before or after constitution of General Administration Board. At deadline, lists received are published on two papers minimum. Objections to lists are settled after investigation of General Administration Board.
(2) Elections are held by voting of nominees of chairman and their lists as a whole.
Recognizing The Nominees of Chairman
Article 31 - (1) Chairman of General Administration Board recognizes the nominees in their demands.
(2) Time limit must not be more than 30 (thirty) minutes. In the event of number of nominees is more than four, this time limit can be decreased by General Assembly. Nominees must not transfer their time limits.
(3) Nominees must present their four-year programmes and financial budgets in writing to General Assembly.
(4) There can be an observer, member of General Assembly, at every voting box and his/her name is notified by nominees to the Chairman of General Administration Board
Article 32 - (1) In elections, principles of secret vote and open classification are applied.
(2) Every member takes sealed envelope from Board member, assigned by the Chairman of General Administration Board, by signature and enters into polling booth. Voting process is completed with enclosing colorful voting cards and the list re-classified and throwing the envelope into voting box.
(3) Delegates, who lose their envelopes or dispose it in some reasons, are not given a new envelope and lose their rights to vote.
(4) Members, after voting, sign the list of General Assembly. It can be voted by changing in the lists of Management, Auditing, and Discipline Committees.
Closing of the Polls, Classification of Votes and Drawing up Minutes
Article 33 - (1) All of the polls are closed after all members, who attend General Assembly, complete voting.
(2) Under supervision and audit of the Chairman of General Administration of Board, in the presence of nominees and observers, polls are opened. Envelopes are counted and it is confirmed whether the number of envelopes and that of members voted are equal. If the number of envelopes are more than that of members, excess envelope(s) are randomly selected by the Chairman of General Administration of Board and destroyed without opening.
(3) When classifying the votes, voting cards are counted. If more than one the same voting cards come out of from an envelope, one of those is validated and predicted as single vote. Other votes are destroyed. If one or more different votes are come out from an envelope, all of those are abated and become invalid.
(4) For the elections of Management, Auditing, and Discipline Committees, it is made classifications taking into consideration preferences in voting cards. According to ordering of votes, honorable and substitute members are designated. In case of equality of votes, it is drawn lots among the members, who have equal votes, under the supervision of the Chairman of General Administration Board.
(5) Chairman of General Administration Board announces the results of the election to General Assembly members. Chairman of General Administration Board ends the meeting with a speech after all agenda items are negotiated and settled.
Budget of the Federation
Article 34 - (1) Budget of the Federation is organized by Board of Directors according to financial year and put into practice after ratification of General Assembly.
(2) Incomes and expenditures of the Federation, activities and allocations for those, wages to be paid to staff and other wage-workers, expenses of committees and other administrative earnings on expenditures in the budget are designated according to balance sheet and budget instructions prepared by Board of Directors.
(3) Chairman of the Federation is authorized with carrying out proceedings concerning expenses, collecting money with the approval of Board of Directors. Chairman may transfer his/her right to Acting President within some limits. Documents of expenditures should be signed by the Chairman and Secretary-General, the Chairman and Acting President or Acting President and Secretary-General.
(4) Minimum 15% of the Federation's budget is allocated to education and training, infrastructure, and clubs as contribution.
Revenues of the Federation
Article 35 - (1) Revenues of the Federation are:
(2) Total amount allocated from the budget of Directorate-General and if required, resources allocated in order to support projects concerning infrastructure and education and training are transfered to Federation's account taking into consideration annual expenditures programme of Directorate-General.
(3) All revenues of Federation are exempt from all kinds of taxes, levies, and charges.
Expenditures of the Federation
Article 36 - (1) Federation makes its all necessary expenditures within the framework of budget essentials to fulfill its functions.
(2) Federation is authorized with purchasing, saling, leasing, hiring, establishing a partnership, and operating of necessary and meaningful estates and real properties within the framework of budget essentials and decisions of General Assembly; establishing mortgage and all kinds of priviledges and liabilities on its real estates and admission for donations, if required, exporting scouting equipment, assessing its money in accordance with decisions of Board of Directors.
(3) Procedures and essentials concerning expenditures are designated with the instructions of Board of Directors.
Miscellaneous and Final Provisions
Relations with Directorate-General
Article 37 - (1) In case of necessity, Federation applies for allocation of estates and real properties of Directorate-General for a period of 49 (forty-nine) years without charge. Duration and subject of allocation, whether it is utilised by other federations or Directorate-General; in case of communization of real properties in use, maintenance charges, qualifications of staff to be employed in establishments, employee personal rights, procedures and essentials for taking advantage of staff of Directorate-General are designated with protocol between the Federation and Directorate-General.
(2) This protocol indicates who to be employed from staff of Directorate-General, under what conditions and how long, from which establishments or clubs of the Federation and under what conditions they utilise.
(3) Estates and real properties allocated by Directorate-General must not be used out of its purpose; in case of any determination, allocation is abrogated.
(4) Sponsorship proceedings are carried out within the framework of amended and supplemented Article 3 of Law No. 3289 and regulations concerning this article.
Article 38 - (1) Scouting clubs are registered by the Federation. These clubs undertake to fulfill the registration conditions and essentials to be determined by Board of Directors; they are registered and documented after paying registration fee.
Assigning Scouting Clubs and Being Enterprises
Article 39- (1) Scouting clubs may assign its divisions to enterprises established or to be established according to structures and essentials designated by laws. In the event of clubs become enterprises, they can not be transfered to another place from where they be. In case of assignations; widening and strengthening of scouting and its benefits are stood in the forefront. It is obliged to abide the rules to be laid down by Board of Directors and essentials designated in this constitution.
Article 40 - (1) Board of Directors is authorized with broadcasting scouting activities on TV, radio, through all kinds of technical and similar equipment, also with organizing and programming them.
(2) When exercising this authority, benefits of Turkish Scouting, clubs, and the Federation are stood in the forefront.
Article 41 - (1) Instructions formulated about the issues determined in this constitution and other sub-regulatory proceedings are organized by Board of Directors. However, instructions relevant to awards and relief are submitted to the approval of General Assembly. Instructions formulated by Board of Directors and approved by General Assembly and other legislation come into force by publishing on websites of Directorate-General and the Federation.
Supervision and Auditing of Directorate-General
Article 42- (1) All kinds of activities and functions of the Federation are subject to supervision and auditing of Directorate-General.
(2) As a result of audit, the Minister calls General Assembly for an extraordinary meeting in order to make a decision about the Chairman and Members of Board of Directors who are unfavorable for this duty.
Dissolution of Disputes
Article 43 - (1) Except for issues concerning auditing of the Federation, all kinds of disputes between the Federation and Directorate-General are settled after negotiations by a commission which is headed by a member designated by Arbitration Tribunal and to be consisted of three people assigned by the Federation and Directorate-General.
Article 44 - (1) This constitution becomes effective on its publication date.
Article 45 - (1) The Chairman of Scouting and Guiding Federation of Turkey implements the provisions of this constitution.
General Evaluation about the Constitution
In order to amend the sub-clauses of a, b, c, ç, f under Section 2 of the Article 7, it has been launched a range of studies under the supervision of the Ministry that is responsible for Youth and Sports. Especially, it has been got ahead on the issue of amending sub-clauses of b, c, ç, f. Probably, negative articles will have been amended until the next Board meeting.