Bahá’í World/Volume 6/Declaration of Trust NSA Bahá’ís of India and Burma
DECLARATION OF TRUST, MEMORANDUM OF ASSOCIATION AND BY-LAWS OF THE NATIONAL SPIRITUAL ASSEMBLY OF THE BAHÁ’ÍS OF INDIA AND BURMA, 1932-33
Registered under Act XXI of 1860
DECLARATION OF TRUST
By the National Spiritual Assembly of the Bahá’ís of India and Burma
WE, N. R. Vakil of Surat, S. M. Roumie of Mandalay, Pritam Singh of Lahore, Hishmatullah Koreshi of Delhi, Isfandiar Bakhtiari of Karachi, Aspandiar Behram of Bombay, Mahfuzu’l-Haq Ilmi of Delhi, Hormuzdyar Khodabaksh of Poona, and Ormsby Mollier of Bombay, duly chosen by the representatives of the Bahá’ís of India and Burma in Riḍván of 1932 to be the National Spiritual Assembly of the Bahá’ís of India and Burma, with full power to establish a Trust as hereinafter set forth, hereby declare that from this date, the powers, responsibilities, rights, privileges and obligations reposed in said National Spiritual Assembly of the Bahá’ís of India and Burma by Bahá’u’lláh, Founder of the Bahá’í Faith, by ‘Abdu’l-Bahá, its Interpreter and Exemplar, and by Shoghi Effendi, its Guardian, shall be exercised, administered and carried on by the abovenamed National Spiritual Assembly and their duly qualified successors under this Declaration of Trust.
The National Spiritual Assembly in
adopting this form of association, union and
fellowship, and in selecting for itself the
designation of Trustees of the Bahá’ís of
India and Burma, does so as the administrative
body of a religious community which
has had continuous existence and responsibility
for over thirty years. In consequence
of these activities the National Spiritual
Assembly is called upon to administer such an
ever-increasing diversity and volume of
affairs and properties for the Bahá’ís of
India and Burma that we, its members, now
feel it both desirable and necessary to give
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our collective functions more definite legal
form. This action is taken in complete
unanimity and with full recognition of the
sacred relationship thereby created. We
acknowledge in behalf of ourselves and our
successors in this Trust the exalted religious
standard established by Bahá’u’lláh for
Bahá’í administrative bodies in the utterance:
“Be ye Trustees of the Merciful One
among men” and seek the help of God and
His guidance in order to fulfil that exhortation.
The National Spiritual Assembly of the Bahá’ís of India and Burma, 1935-1936.
MEMORANDUM OF ASSOCIATION OF THE NATIONAL SPIRITUAL ASSEMBLY
ARTICLE 1–NAME
The name of the Trust shall be the National Spiritual Assembly of the Bahá’ís of India and Burma.
ARTICLE 2–OBJECTS
Sharing the ideals and assisting the efforts of our fellow Bahá’ís to establish, uphold and promote the spiritual, educational and humanitarian teachings of human brotherhood, radiant faith, exalted character and selfless love revealed in the lives and utterances of all the Prophets and Messengers of God, Founders of the world’s revealed religions—and given renewed creative energy and universal application to the conditions of this age in the life and utterances of Bahá’u’lláh—we declare the purposes and objects of this Trust to be, to administer the affairs of the Cause of Bahá’u’lláh for the benefit of the Bahá’ís of India and Burma according to the principles of Bahá’í affiliation and administration created and established by Bahá’u’lláh, defined and explained by ‘Abdu’l-Bahá and amplified and applied by Shoghi Effendi and his duly constituted successor and successors under the provision of the Will and Testament of ‘Abdu’l-Bahá.
These purposes are to be realized by means of devotional meetings; by public meetings and conferences of an educational,
Certificate of Incorporation of the National Spiritual Assembly of the Bahá’ís of India and Burma
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humanitarian and spiritual character; by the
publication of books, magazines and newspapers;
by the construction of temples of
universal worship and of other institutions
and edifices for humanitarian service; by
supervising, unifying, promoting and generally
administering the activities of the
Bahá’ís of India and Burma in the fulfilment
of their religious offices, duties and
ideals; and by any other means appropriate
to these ends, or any of them.
Other purposes and objects of this Trust are:—
(a) The right to enter into, make, perform and carry out contracts of every sort and kind for the furtherance of the objects of this Trust with any person, firm, association, corporation, private, public or municipal or body politic or any state, territory or colony thereof, or any foreign government; and in this connection and in all transactions under the terms of this Trust, to do any and all things which a co-partnership or natural person could do or exercise, and which now or hereafter may be authorized by law.
(b) To hold and be named as beneficiary under any trust established by law or otherwise or under any will or any other testamentary instrument in connection with any gift, devise, or bequest in which a trust or trusts is or are established in any part of the world as well as in India and Burma, to receive gifts, devises or bequests of money or other property.
(c) All and whatsoever the several purposes and objects set forth in the written utterances of Bahá’u’lláh, ‘Abdu’l-Bahá and Shoghi Effendi, under which certain jurisdiction, powers and rights are granted to National Spiritual Assemblies.
(d) Generally to do all things and acts which in the judgment of said Trustees, i.e., the National Spiritual Assembly of the Bahá’ís of India and Burma, are necessary, proper and advantageous to promote the complete and successful administration of this Trust.
ARTICLE 3
Section 1. All persons, firms, corporations and associations extending credit to, contracting with or having any claim against the Trustees, i.e., the National Spiritual Assembly, and the members thereof, of any character whatsoever, whether legal or equitable and whether arising out of contract or tort, shall look solely to the funds of the Trust and to the property of the Trust estate for payment or indemnity, or for the payment of any debt, damage, judgment or decree or any money that may otherwise become due or payable from the Trustees, so that neither the Trustees nor any of them, nor any of their officers or agents appointed by them hereunder, nor any beneficiary or beneficiaries herein named shall be personally liable therefor.
Section 2. Every note, bond, proposal, obligation or contract in writing or other agreement or instrument made or given under this Trust shall be explicitly executed by the National Spiritual Assembly as Trustees by their duly authorized officers or agents.
ARTICLE 4–RULES AND PROCEDURE
The Trustees, i.e., the National Spiritual Assembly, shall adopt for the conduct of the affairs entrusted to them under the memorandum such by-laws, rules of procedure or regulations as are required to define and carry on its own administrative functions and those of the several local and other elements composing the body of the Bahá’ís of India and Burma, not inconsistent with the terms of this instrument and all in accordance with the explicit instructions given us to date by Shoghi Effendi, Guardian of the Cause of Bahá’u’lláh, which instructions are already known to the Bahá’ís of India and Burma and accepted by them in the government and practice of their religious affairs.
ARTICLE 5–OFFICE
The Central Office of this Trust shall be located in the city of Lahore, Punjab, India, or in such place as may be decided upon from time to time by the National Spiritual Assembly.
ARTICLE 6–SEAL
The seal of this Trust shall be circular in
form, bearing the following description:—"National
Spiritual Assembly of the
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Bahá’ís of India and Burma. Declaration
of Trust 1932-33.”
ARTICLE 7–AMENDMENT OF MEMORANDUM
This memorandum may be amended by majority vote of the members of the National Spiritual Assembly of the Bahá’ís of India and Burma at any special meeting duly called for that purpose, provided that at least 30 days prior to the date fixed for said meeting a copy of the proposed amendment or amendments is mailed to each member of the Assembly by the Secretary.
BY-LAWS OF THE NATIONAL SPIRITUAL ASSEMBLY
ARTICLE 1
The National Spiritual Assembly, in the fulfilment of its sacred duties under this Trust, shall have exclusive jurisdiction and authority over all the activities and affairs of the Bahá’í Cause throughout India and Burma, including paramount authority in the administration of this Trust. It shall endeavour to stimulate, unify and co-ordinate the manifold activities of the Local Spiritual Assemblies (hereinafter defined) and of individual Bahá’ís in India and Burma and by all possible means assist them to promote the oneness of mankind. It shall be charged with the recognition of such Local Assemblies, the scrutiny of local membership rolls, the calling of the Annual Meeting or special meetings and the seating of delegates to the Annual Meeting and their apportionment among the various Local Bahá’í communities. It shall appoint all National Bahá’í Committees and shall supervise the publication and distribution of Bahá’í literature, the reviewing of all writings pertaining to the Bahá’í Cause, the construction and administration of the Mashriqu’l-Adhkár and its accessory activities, and the collection and disbursement of all funds for the carrying on of this Trust. It shall decide whether any matter lies within its own jurisdiction or within the jurisdiction of any Local Spiritual Assembly. It shall, in such cases as it considers suitable and necessary, entertain appeals from the decisions of Local Spiritual Assemblies and shall have the right of final decision in all cases where the qualification of an individual or group for continued voting rights and membership in the Bahá’í body is in question. It shall furthermore represent the Bahá’ís of India and Burma in all their cooperative and spiritual activities with the Bahá’ís of other lands, and shall constitute the sole electoral body of India and Burma in the formation of the Universal House of Justice provided for in the sacred writings of the Bahá’í Cause. Above all, the National Spiritual Assembly shall ever seek to attain that station of unity in devotion to the revelation of Bahá’u’lláh which will attract the confirmations of the Holy Spirit and enable the Assembly to serve the founding of the Most Great Peace. In all its deliberation and action the National Assembly shall have constantly before it as Divine guide and standard the utterance of Bahá’u’lláh:—
“It behooveth them (i. e., Spiritual Assemblies) to be the trusted ones of the Merciful among men and to consider themselves as the guardians appointed of God for all that dwell on earth. It is incumbent upon them to take counsel together, and to have regard for the interests of the servants of God, for His sake, even as they regard their own interests, and to choose that which is meet and seemly.”
ARTICLE 2
The Bahá’ís of India and Burma, for whose benefit this Trust has been established, shall consist of all persons resident in India and Burma who are recognized by the National Spiritual Assembly as having fulfilled the requirements of voting membership in a local Bahá’í community. To become a voting member of a Bahá’í community a person shall—
(a) be a resident of the locality defined by the area of jurisdiction of the Local Spiritual Assembly, as provided by Article VII, Section 12, of this instrument.
(b) have attained the age of 21 years.
(c) have established to the satisfaction
of the Local Spiritual Assembly, subject to
the approval of the National Assembly,
that he possesses the qualifications of Bahá’í
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faith and practice, required under the following
standard: Full recognition of the
station of the Forerunner (the Báb), the
Author (Bahá’u’lláh), and ‘Abdu’l-Bahá
the True Exemplar of the Bahá’í Cause:
unreserved acceptance of, and submission
to, whatsoever has been revealed by Their
pen; loyal and steadfast adherence to every
clause of ‘Abdu’l-Bahá’s sacred Will; and
close association with the spirit as well as
the form of present-day Bahá’í administration
throughout the world.
ARTICLE 3
The National Spiritual Assembly shall consist of nine members chosen from among the Bahá’ís of India and Burma, who shall be elected by the said Bahá’ís in manner hereinafter provided, and who shall continue in office for the period of one year, or until their successors shall be elected.
ARTICLE 4
The officers of the National Spiritual Assembly shall consist of a Chairman, Vice-Chairman, Secretary, Joint Secretary and Treasurer, and such other officers as may be found necessary for the proper conduct of its affairs. The officers shall be elected by a majority vote of the Assembly taken by secret ballot.
ARTICLE 5
The first meeting of a newly-elected National Spiritual Assembly shall be called by the member elected to membership by the highest number of votes or, in case two or more members have received the same said highest number of votes, then by the member selected by lot from among those members; and this member shall preside until the permanent Chairman shall be chosen. All subsequent meetings shall be called by the Secretary of the Assembly at the request of the Chairman or, in his absence or incapacity, of the Vice-Chairman, or of any three members of the Assembly; provided, however, that the Annual Meeting of the Assembly shall be held at a time and place to be fixed by a majority vote of the Assembly, as hereinafter provided.
ARTICLE 6
Five members of the National Spiritual Assembly present at a meeting shall constitute a quorum, and a majority vote of those present and constituting a quorum shall be sufficient for the conduct of business, except as otherwise provided in these By-Laws, and with due regard to the principle of unity and cordial fellowship involved in the institution of a Spiritual Assembly. The transactions and decisions of the National Spiritual Assembly shall be recorded at each meeting by the Secretary, who shall supply copies of the minutes to the Assembly members after each meeting, and preserve the minutes in the official records of the Assembly.
ARTICLE 7
Whenever in any locality of India and Burma, be it city, town or village, the number of Bahá’ís resident therein recognized by the National Spiritual Assembly exceeds nine, these may on April 21st of any year convene and elect by plurality vote a local administrative body of nine members, to be known as the Spiritual Assembly of the Bahá’ís of that community. Every such Spiritual Assembly shall be elected annually thereafter upon each successive 21st day of April. The members shall hold office for the term of one year and until their successors are elected and qualified.
When, however, the number of Bahá’ís in any community is exactly nine, these may on April 21st of any year, or in successive years, constitute themselves the local Spiritual Assembly by joint declaration. Upon the recording of such declaration by the Secretary of the National Spiritual Assembly, said body of nine shall become established with the rights, privileges and duties of a local Spiritual Assembly as set forth in this instrument.
Section 1. Each newly elected local
Spiritual Assembly shall at once proceed in
the manner indicated in Articles IV and V
of these By-Laws to the election of its
officers, who shall consist of a Chairman,
Vice-Chairman, Secretary and Treasurer,
and such other officers as the Assembly
finds necessary for the conduct of its business
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and the fulfilment of its spiritual
duties. Immediately thereafter the Secretary
chosen shall transmit to the Secretary
of the National Assembly the names of
the members of the newly elected Assembly
and a list of its officers.
Section 2. The general powers and duties of a local Spiritual Assembly shall be as set forth in the writings of Bahá’u’lláh, ‘Abdu’l-Bahá and Shoghi Effendi.
Section 3. Among its more specific duties, a local Spiritual Assembly shall have full jurisdiction of all Bahá’í activities and affairs within the local community, subject, however, to the exclusive and paramount authority of the National Spiritual Assembly as defined herein.
Section 4. Vacancies in the membership of a local Spiritual Assembly shall be filled by election at a special meeting of the local Bahá’í community duly called for that purpose by the Assembly. In the event that the number of vacancies exceeds four, making a quorum of the Local Assembly impossible, the election shall be held under the supervision of the National Spiritual Assembly.
Section 5. The business of the local Assembly shall be conducted in like manner as provided for the deliberations of the National Assembly in Article VI above.
Section 6. The local Assembly shall pass upon and approve the qualifications of each member of the Bahá’í community before such members shall be admitted to voting membership; but where an individual is dissatisfied with the ruling of the local Spiritual Assembly upon his Bahá’í qualifications, such individual may appeal from the ruling to the National Assembly, which shall thereupon take jurisdiction of and finally decide the case.
Section 7. On or before the 1st day of February of each year the Secretary of each local Assembly shall send to the Secretary of the National Assembly a duly certified list of the voting members of the local Bahá’í community for the information and approval of the National Assembly.
Section 8. All matters arising within a local Bahá’í community which are of purely local interest and do not affect the national interests of the Cause shall be under the primary jurisdiction of the Spiritual Assembly of that locality; but decision whether a particular matter involves the interest and welfare of the national Bahá’í body shall rest with the National Spiritual Assembly.
Section 9. Any member of a local Bahá’í community may appeal from a decision of his Spiritual Assembly to the National Assembly, which shall determine whether it shall take jurisdiction of the matter or leave it to the local Spiritual Assembly for reconsideration. In the event that the National Assembly assumes jurisdiction of the matter, its finding shall be final.
Section 10. Where any dissension exists within a local Bahá’í community of such a character that it cannot be remedied by the efforts of the local Spiritual Assembly, this condition shall be referred by the Spiritual Assembly for consideration to the National Spiritual Assembly, whose action in the matter shall be final.
Section 11. All questions arising between two or more local Spiritual Assemblies, or between members of different Bahá’í communities, shall be submitted in the first instance to the National Assembly, which shall have original and final jurisdiction in all such matters.
Section 12. The sphere of jurisdiction of a local Spiritual Assembly, with respect to residential qualification of membership and voting rights of a believer in any Bahá’í community, shall be the locality included within the civil limits of the city, town or village, but Bahá’ís who reside in adjacent outlying or suburban districts and can regularly attend the meeting of the local Bahá’í community may be enrolled on the membership list of the adjacent Spiritual Assembly and enjoy full voting rights pending the establishment of a local Spiritual Assembly in their home community.
All differences of opinion concerning the sphere of jurisdiction of any local spiritual Assembly or concerning the affiliation of any Bahá’í or group of Bahá’ís in India and Burma shall be referred to the National Spiritual Assembly, whose decision in the matter shall be final.
ARTICLE 8
The Annual Meeting of the National Spiritual Assembly at which its members shall be elected shall be known as the National Convention of the Bahá’ís of India and Burma, and shall be held at a time and place to be fixed by the National Assembly, which shall give sixty days’ notice of the meeting to each local Bahá’í community through its Spiritual Assembly. The National Assembly shall at the same time inform each Spiritual Assembly of the number of delegates to the Convention it has assigned to the local Bahá’í community in accordance with the principle of proportionate representation in such manner that the entire number of delegates composing the National Convention shall be nineteen. Upon receipt of this notice each local Spiritual Assembly shall, within a convenient period and after giving due and sufficient notice thereof, call a meeting of the voting members on its rolls for the purpose of electing their delegate or delegates to the National Convention; and, not later than thirty days before the date of the Convention, the Secretary of each local Spiritual Assembly shall certify to the Secretary of the National Spiritual Assembly the names and addresses of the delegates so elected.
Section 1. All delegates to the Convention shall be elected by plurality vote. Members who for illness or other unavoidable reasons are unable to be present at the election in person shall have the right to transmit their ballots by mail or telegram under conditions satisfactory to the local Spiritual Assembly.
Section 2. All delegates to be seated at the Convention must be enrolled as voting members of the Bahá’í community represented by them.
Section 3. The rights and privileges of a delegate may not be assigned nor may they be exercised by proxy.
Section 4. The recognition and seating of delegates to the National Convention shall be vested in the National Spiritual Assembly.
Section 5. Delegates unable to be present in person at the Convention shall have the right to vote for members of the National Spiritual Assembly by mail or telegram under such conditions as may be indicated by the National Assembly.
Section 6. If in any year the National Spiritual Assembly shall consider that it is impracticable or unwise to assemble together the delegates to the National Convention, the National Spiritual Assembly shall provide ways and means by which the business of the Convention may be conducted by correspondence or telegram.
Section 7. The presiding officer of the National Spiritual Assembly present at the National Convention shall call to order the delegates, who shall then proceed to the permanent organization of the meeting, electing by ballot a presiding officer, a Secretary and such other officers as are necessary for the proper conduct of the business of the Convention.
Section 8. The principal business of the National Convention shall be the election of the nine members of the incoming National Spiritual Assembly, the consideration of the reports of the financial and other activities of the outgoing National Assembly and its various committees, and deliberation upon the affairs of the Bahá’í Cause in general, it being understood, however, in accordance with the principles of Bahá’í administration defined by the Guardian that all deliberation and action of the delegates at the National Convention, other than the election of the members of the incoming National Spiritual Assembly, shall constitute merely advice and recommendation for consideration by the said Assembly, final decision on all matters concerning the affairs of the Bahá’í Cause in India and Burma being vested solely in that body.
Section 9. The general order of business to be taken up at the National Convention shall be prepared by the National Spiritual Assembly, but any and all matters pertaining to the Cause introduced by any of the delegates may upon motion and vote be taken up as part of the deliberations of the Convention.
Section 10. The election of the members
of the National Spiritual Assembly shall be
by plurality vote of the delegates recognized
by the outgoing National Spiritual
Assembly, i.e., the members elected shall be
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the nine persons receiving the greatest
number of votes on the first ballot cast by
delegates present at the Convention and
delegates whose ballot has been transmitted
to the Secretary of the National Spiritual
Assembly by mail or telegram. In case by
reason of a tie vote or votes the full
membership is not determined on the first ballot,
then one or more additional ballots shall be
taken until all nine members are elected.
Section 11. All official business transacted at the National Convention shall be recorded and preserved in the records of the National Assembly.
Section 12. Vacancies in the membership of the National Spiritual Assembly shall be filled by a plurality vote of the delegates composing the Convention which elected the Assembly, the ballot to be taken by correspondence or in any other manner decided upon by the National Spiritual Assembly.
ARTICLE 9
Where the National Spiritual Assembly has been given in these By-Laws exclusive and final jurisdiction, and paramount executive authority, in all matters pertaining to the activities and affairs of the Bahá’í Cause in India and Burma, it is understood that any decision made or action taken upon such matters shall be subject in every instance to ultimate review and approval by the Guardian of the Cause or the Universal House of Justice.
ARTICLE 10
Whatever functions and powers are not specifically attributed to local Spiritual Assemblies in these By-Laws shall be considered vested in the National Spiritual Assembly, which body is authorised to delegate such discretionary functions and powers as it deems necessary and advisable to the local Spiritual Assemblies within its jurisdiction.
ARTICLE 11
In order to preserve the spiritual character and purpose of Bahá’í elections, the practice of nominations or any other electoral method detrimental to a silent and prayerful election shall not prevail, so that each elector may vote for none but those whom prayer and reflection have inspired him to uphold.
Among the most outstanding and sacred duties incumbent upon those who have been called upon to initiate, direct and coordinate the affairs of the Cause as members of local or National Spiritual Assemblies are:—
To win by every means in their power the confidence and affection of those whom it is their privilege to serve; to investigate and acquaint themselves with the considered views, the prevailing sentiments and the personal convictions of those whose welfare it is their solemn obligation to promote; to purge their deliberations and the general conduct of their affairs of self-contained aloofness, the suspicion of secrecy, the stifling atmosphere of dictatorial assertiveness and of every word and deed that may savor of partiality, self-centeredness and prejudice; and while retaining the sacred right of final decision in their hands, to invite discussion, ventilate grievances, welcome advice, and foster the sense of inter-dependence and co-partnership, of understanding and mutual confidence between themselves and all other Bahá’ís.
ARTICLE 12
These By-laws may be amended by majority vote of the National Spiritual Assembly at any of its regular or special meetings, provided that at least fourteen days prior to the date fixed for the said meeting a copy of the proposed amendment or amendments is mailed to each member of the Assembly by the Secretary.
- (Sd.) N. R. VAKIL,
- Chairman and Treasurer.
- " S. M. ROUMIE,
- Vice-Chairman.
- ” PRITAM SINGH,
- Secretary.
- “ HISHMATULLAH,
- Joint Secretary.
- “ MAHFUZU’L-HAQ ILMI,
- “ ISFANDIAR BAKHTIARI,
- “ ASPANDIAR BEHRAM,
- “ HORMUZDYAR KHODABAKSH,
- “ ORMSBY MOLLIER,
- Members.
The National Spiritual Assembly of the Bahá’ís of ’Iráq, 1935-1936
