Approved by the Decision No 2010/02 Of Trustees, March 2010
Charter of “Sakya Pandita Dharma Chakra” monastery
ONE. GENERAL PROVISION
1.1. Proper name of the Monastery: the name of Dharma “SAKYA BANDIDA-e CHOIHORLING”, in Mongolian “САЖА БАНДИДЫН НОМЫН ХҮРДЭН ХИЙД” in English “Sakya Pandita Dharma Chakra Center”. 1.2. Official address: 5th khoroo, Bayan-Zurkh district, Ulaanbaatar. 1.3. The monastery shall operate as a legal entity in accordance with the Law on State and Religion Collaboration and shall comply with Mongolian jurisdiction and monastery rules, by-rules and Buddhist regulations issued in accordance with them. 1.4. The monastery is a non-governmental, non-profit, social-service and public religious organization and is a legal entity participating in its own name by the legal relations. 1.5. The monastery’s mission is to preserve, revive and spread the Buddhist Sakya tradition and to make a contribution to the development of a progressive society in Mongolia. 1.6. The monastery as a legal entity shall operate stably and be responsible for its activities. 1.7. The monastery was established by the donation of believers and thus all assets belong to the Monastery. 1.8. The monastery as a legal entity shall provide financial report in accordance with Mongolian jurisdiction to the appropriate public authorities. 1.9. The Patron of the monastery is the Head of the Drolma Phodrang of Sakya Order, currently His Holiness the 41st Sakya Trizin.
TWO. MONESTARY ACTIVITIES
2.1. The Monastery will perform following activities: 2.1.1 To preserve, revive and spread the Buddhist Sakya tradition, history of relation between Mongols and Sakya, daily puja and ritual, as well as to make a contribution to the development of a progressive society in Mongolia. 2.1.2 To develop education system dedicated for monks and lay people. 2.1.3. To organize trainings, exhibition and variety of activities to assist those children, youth and lay people who want to learn and study Buddhism. 2.1.4 Along with the support of believers to promote the Buddhist Dharma teaching and tradition in Mongolian language. 2.1.5. To translate and publicize manuals, brochures, booklets, book and works based on sutra and archive researches; and to organize conferences and seminars. 2.1.6. To carry out productive cooperation with appropriate governmental and non-governmental organizations by the organization of trainings and measures. 2.1.7. To update the equity and the circulation assets, to extend the scope of activities and to apply properly the funds and donations for the purpose of the providing of conditions for long-term stable normal operation of the Monastery. 2.1.8. To revive and preserve traditional religious costumes and items. 2.1.9. Other activities not prohibited by the jurisdiction and monastery charter.
THREE. ADMINISTRATION AND ORGANIZATION STRUCTURE OF MONASTERY
A. Trustee Board
3.1 The superior body of the Monastery is the Trustee Board. The Trustee Board shall have 5 members till the normalization of Monastery’s activities. 3.2 Further, the Trustee Board shall have 7 members and the Trustee Board shall consist of 3 members appointed by the Head of the Drolma Phodrang of Sakya Order, 2 members representing benefactors, 1 member representing Mongolian civil society. Also Executive Director is automatically member and a citizen of Mongolia. 3.3 The Trustee Board of the Monastery shall act according to the following principles. 3.3.1. To respect Sakya traditional justice 3.3.2. To respect the rule of law 3.3.3. To provide for long term activity for the monastery. 3.3.4. Not to pursue personal ambitions. 3.4 Besides the members who are assigned by Head of the Drolma Phodrang of Sakya Order, the trustees either appoint or assign the right to appoint the remaining trustees. Executive director will automatically be a trustee as a consequence of his position. 3.5 Till the next trustee is assigned, the previous trustees’ full right will be valid. This provision shall not affect the Executive director. 3.6 Trustee Board shall run its activity in a form of a meeting. The meeting will be carried out on annual ordinary and extraordinary basis. 3.7 The trustees will choose their Chairman, who should be the trustee not the Executive director, in charge of organizing and conducting the meeting. The Chairman can be renominated. 3.8 The Chairman of trustees will call the annual ordinary meeting in Ulaanbaatar. In case the above mentioned meeting failed to be held in Ulaanbaatar, the Chairman may call for a meeting in forms of conference call or video conference. 3.9 The Chairman of trustees will have authority to organize extraordinary meeting. Therefore has responsibility to organize the extra ordinary meeting on demand of more than 2 trustees. 3.10 The meeting will be invalid in the case of absence of more than 1 trustee or persons participating by a proxy. 3.11 Unless it is 3.15.8 of this Charter other issues will be decided as a majority. In case of deadlock the Chairman has the casting vote. 3.12 Trustees must agree unanimously for any point under charter 3.15.8 3.13 Trustees will attend the meeting in person or as charter 3.14 can appoint as a proxy. 3.14 In case of inability to attend the meeting can appoint a proxy to one trustee. 3.15 Trustees will discuss and make decision for the following issues: 3.15.1 To choose the Chairman of trustees 3.15.2 To determine Monastery’s activities’ policy and direction; and to approve the monastery charter and making additional alteration 3.15.3 To approve and follow the required by-rule for Monastery’s activities 3.15.4 To assign and terminate the Executive director. In terms of discussing the termination of Executive Director, may release him temporary from meeting. Executive director will not participate with a vote in case related to Executive director. 3.15.5 To discuss and evaluate the Executive director’s annual activity and financial report. 3.15.6 To approve the Abbot’s prospects for the future and annual plan. 3.15.7 To approve the decision would effect for monastery activity, and deal with other assets. More than 25 per cents of monastery capital will be considered as big amount of deal. To purchase the immovable property, to replace the monastery monks over 50 percent, the decisions for the long term activity of the monastery are considered influenced decision for the monastery. 3.15.8. To terminate the monastery activity and liquidation 3.15.9 Between ordinary meetings the Abbot and Executive director can make temporary modifications to the Operating rules of the monastery and they shall be considered for approval at the annual ordinary meeting. 3.15.10 Two candidates’ names will be presented to the Head of the Drolma Phodrang of Sakya Order, currently His Holiness the 41st Sakya Trizin and to provide all the needs for Abbot. 3.15.11 To set the provisions meeting work requirements of Abbot. 3.15.12 Any other issues stated in law and this Charter which in the opinion of the Trustees significantly affect the operation of the monastery. 3.16 To introduce the proposal of donation that in the opinion of Abbot and Executive director is conditional on a change in restriction on the activities and mission of the Monastery. 3.17 The Chairman of trustees will announce the ordinary meeting 3 months in advance, extra ordinary meeting should be announced 1 month in advance, chairman will collect agenda proposal from the trustees. 3.18 The chairman of Trustees will make decision for final agenda and sign, the draft of material to be introduced in the meeting in Mongolian and English should be delivered to trustees no later than a month before for the ordinary meeting, no later than a week before for extraordinary meeting. 3.19 The interpreter may attend meeting. 3.20 Trustee meeting’s official language will be Mongolian. 3.21 The protocol will be written in Mongolian by a person not a trustee. The protocol is also translated into English and distributed within a month after the meeting. All the trustees and protocol writer must signal their approval. All trustees shall receive the protocol. 3.22 The trustees are expected to attend more than 50 per cent of ordinary meeting any 3 year period, attendance by proxy counts as attendance. In the case of non performance the trustee in question shall be deemed to have resigned. 3.23 A Trustee who wishes to resign may do so at any time by informing the Chairman of the Trustees at the time in writing. The Chairman shall then inform all other Trustees of this event in writing. 3.24 Any letter or proxy sent by a trustee using own registered e-mail shall be counted as official.
B: OFFICERS OF THE MONASTERY
Abbot Lama 3.25 The trustees put forward the names of two candidates for the office of Abbot. Head of the Drolma Phodrang of Sakya Order, currently His Holiness the 41st Sakya Trizin will decide and trustees will appoint on the basis of this decision. The abbot shall be appointed for a term of five years and may serve more than one term. 3.26 The abbot shall lead spiritual life of the monastery and shall represent the monastery abroad and domestically. 3.27 The Abbot shall have the following responsibility: 3.27.1 the Abbot shall appoint Loppon Lama, chanting master, protector of the monks and protector of the temple. The Abbot shall attempt to make these appointments in consensus with the Executive Director; 3.27.2 for recruiting and educating the monks; 3.27.3 for establishing and maintaining observance of the by-rules of the monastery and helping the monks to keep their vows, in case of non observance of rules and vows the Abbot will ensure that appropriate measures are taken; 3.27.4 To conduct the puja chanting and rituals. Executive Director 3.28 The Trustees shall appoint the Executive Director to serve for four years. The Executive Director may serve more than one term in office. The Executive Director must hold Mongolian citizenship. 3.29 The Executive Director shall run the day to day affairs of the Monastery and shall represent the Monastery in all legal and civil matters abroad and domestically. 3.30 The Executive Director shall have the following responsibilities: 3.30.1 Approve and maintain the Operating Rules of the monastery; 3.30.2 Prepare and submit to the Trustee Board for approval the operating plan for 4 years; 3.30.3 Appoint and dismiss all non monk workers; conclude labor contracts with them and temporary contracts with organizations, companies and private persons; 3.30.4 Dispose of the assets of the Monastery within the limits of the Charter and the approved annual operating plan; 3.30.5 Approve the organizational structure and personal consistent with annual operating plan; 3.30.6 Establish internal controls on Monastery’s daily puja and financial expenditures; 3.30.7 Introduce to the Trustee Board’s meeting the audited annual financial report for evaluation and implement the Trustee Board’s decisions; 3.30.8 Prepare and submit to the Trustees a next year plan for the activities and expenditure of the Monastery for approval; The Executive Director is authorised to dispose of up to 10% of the net assets of the Monastery in any one 12 month period for purposes connected with the aims as laid out in this charter. Any use of funds above this level must either be authorised by the Trustees in the annual plan submitted to the Trustees by the Executive Director at the annual meeting or authorised by the Trustees in an Extraordinary meeting called according to the provisions of this charter. 3.30.9 Establish conditions so that the Monks for work and study; 3.30.10. The Executive Director shall organize, coordinate and execute all activities required to raise funds for the running and development of the monastery in Mongolia and abroad; 3.30.11. other provisions stated in Law and this Charter.
C. Monks of Monastery
3.31 Monks permanently members of the monastery shall take and observe vows at least equivalent to “getsul”. 3.32 Monks must follow Sakya traditional rules in everyday life as laid down and communicated from time to time by the Monastery’s Trustee Board, Abbot and other officers of the monastery. 3.33 Monks shall spread out Buddhist dharma and influence public mind. 3.34 Monks have the right to a secondary, professional or high school education as offered by the Mongolian State. Monks may, if qualified, pursue higher education at a Mongolian or other University with the agreement of the Officers. 3.35. Monks will not be required to pay to reside and practice in the monastery. Neither shall they, with the exception of the Officers, receive any salary other than occasional small gratuities. 3.36. Monks may conclude health and social insurance policy on their free will.
FOUR. ASSET, FINANCIAL STATEMENT AND ACCOUNTING, TAX OF THE MONASTERY
4.1 The asset of the monastery shall consist of housing and public donation and religious items being purchased in order to satisfy the proper working condition of the monastery activity. 4.2 The monastery is authorized to receive income from donations, the performance of puja, fees related to the activities of the monastery and such state funds due to members where the monastery acts as custodian, i.e. an income not violating against to the Law and the Monastery’s mission. 4.3 Permissible expenditure of the monastery includes but is not limited to: non-monk labor, health and social insurance payments for members, heat and electricity, food, books and educational material, travel costs related to the mission of the monastery, small personal allowances for the monks and any state or municipal taxes and fees that are due. Capital expenditures and disposals above the sum of shall be referred to the Trustees by means of inclusion in the annual plan. 4.4 The monastery shall be liable for the capital within its own asset. 4.5 The monastery is not a personal asset and it does not have a legal right to inherit it to anyone and it is prohibited to making profit and shall not use it as personal advantages and it is only religious asset. 4.6 Financial accounting, statement shall be done according to the Mongolian legislation and other legal acts in conformity herewith. 4.7 The financial records of the monastery shall be audited annually and the auditors’ report presented to the Trustees at the Annual Meeting for acceptance. 4.8 The Monastery shall pay taxes, payments and fees in accordance with legislation.
FIVE. TERMINATION OF MONASTERY ACTIVITY
6.1 The monastery may be dissolved according to the provisions of the law and of this Charter. 6.2 In case of termination of the monastery activity, the property and religious items can be given to similar organization of the Sakya tradition and religious headquarter. 6.3 The monks may be reassigned to another religious institution of the Sakya order by a negotiation