Article 33: Dissolution of the Council
1. The dissolution of the Tajik Council of Australia shall only be possible under exceptional circumstances and by resolution of the General Assembly. Such a decision must be based on legitimate legal, statutory, or emergency grounds.
2. Circumstances that may lead to the dissolution of the Council include:
• A resolution adopted by at least three-quarters (75%) of the members present at an ordinary or extraordinary session of the General Assembly, provided that at least three-quarters of the Executive Board members are in attendance at that session;
• An official determination by the Executive Board that continuation of the Council’s activities is no longer feasible due to political, financial, security, or social reasons.
3. Conditions for convening a dissolution session:
• A formal invitation must be issued at least 40 days prior to the session;
• Notification may be carried out via email, official letter, or announcement on the Council’s website;
• The final decision of dissolution must be formally and publicly announced.
4. Settlement of accounts and disposition of assets:
• In the event of dissolution, all assets of the Council (movable and immovable) must be reviewed and documented by an independent committee consisting of seven members elected by the Executive Board;
• This committee shall submit its comprehensive report to the Central Council and subsequently to the General Assembly;
• After settlement of all debts and legal obligations, the remaining assets shall, as determined by the General Assembly, be transferred to cultural, educational, or charitable institutions operating in alignment with the interests of the Tajik community and similar objectives.
5. The transfer of assets must:
• Be conducted in accordance with the applicable laws and legal regulations of Australia;
• Only be made to formally registered institutions with cultural, social, or educational missions similar to those of the Council.
Article 34: Validity of the Charter and Constitution
1. The Charter and Constitution of the Tajik Council of Australia shall be regarded as the legally and organizationally binding instrument of the Council, defining its principles, structure, and objectives.
2. This document has been prepared and ratified in both Persian (Dari) and English.
3. In the event of any discrepancy or ambiguity between the two versions, the Persian version shall serve as the primary reference, except where legal requirements necessitate reliance on the English version.
4. All official versions of the Constitution shall bear the signatures of the founding members, the Council of Experts, and members of the Executive Board, together with the official seal of the Council and the date of ratification.
Article 35: Procedure for Amendment and Revision of the Constitution
1. General Principle
Any amendment, modification, or addition to this Constitution shall only be permitted within the framework of this Article, and must:
a) Serve the collective interests of the members;
b) Comply with the legal requirements of Australia, particularly the State of Victoria;
c) Aim to enhance the structure and effectiveness of the Council.
2. Authority to Propose Amendments
Proposals for amendments may only be submitted by the Executive Board to the Council of Experts.
3. Initial Review and Referral to the General Assembly
3.1. All proposed amendments, following review, approval, and endorsement by the Council of Experts, shall be referred to the General Assembly.
3.2. The Council of Experts is obliged to complete its review and initial approval process within sixty (60) days from the date of receipt of the official proposal and submit it to the General Assembly.
4. Conditions for Review and Approval in the General Assembly
4.1. The text of the proposed amendment must be communicated in writing to all voting members at least thirty (30) days prior to the date of the official General Assembly session;
4.2. The amendment session of the General Assembly shall only be valid if attended by at least two-thirds (⅔) of the official members;
4.3. Approval of the amendment shall require the affirmative vote of at least two-thirds (⅔) of the members present at the session.
5. Registration and Enforcement
5.1. Any amendment to the Constitution, once approved by the General Assembly, must be registered with the legal authority of the State of Victoria (Consumer Affairs Victoria) within a maximum of twenty-eight (28) days;
5.2. From the date of official registration, the new version of the Constitution shall replace all previous versions and shall be binding upon all bodies of the Council.