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Bylaws

As adopted by the Council Madrid, Spain, on 9 September 1975
Incorporating additions and amendments approved

 

B1 Membership (cf. Statute 3)

A request of a country for admission to the Union shall be considered by the Council at its next regular meeting if it has been received in writing by the Secretary General at the Secretariat at least six months before that meeting, together with the appropriate documentation. When the admission of a new Member has been approved by the Council, membership shall begin on 1 January of the following year.

B2 Voting Procedure in Council (cf. Statute 5)


B2.1
Scientific Matters
B2.11 Recommendations of a scientific nature received from Divisions, Sections, or other bodies of the Union, shall normally be submitted for consideration by the Council. The Council may adopt them by a simple majority of personal votes cast by the Delegates present at a regular meeting. Between such meetings, the Bureau may act on behalf of the Council in these matters.
When the recommendations are matters for international agreement in nomenclature symbols, terminology, and conventions, they shall be considered by the Bureau which may adopt them provisionally. The recommendations shall then be published and the submission of comments be invited within five months to the appropriate body of the Union which made the recommendations. After considering any comments the recommendations, appropriately amended if necessary, shall be sent to the Council for adoption at a regular meeting.
B2.12 Postal ballots on scientific matters may be conducted in accordance with a procedure to be determined by the Bureau for each ballot.

B2.2
Nonscientific Matters
Voting on nonscientific matters shall be by Delegations, each Delegation being entitled to cast the number of assigned votes. All the votes to which the Adhering Organization is entitled shall be cast in the same sense.

B2.21
Admission and Removal of Members
Admission of Members shall be by a simple majority of votes recorded at a regular meeting of the Council. Removal of an Adhering Organization shall be valid only if at least three-quarters of the votes recorded at a regular meeting of the Council are cast in favour of such removal. Any reassignment approved by the Council shall become effective on 1 January of the following year.

B.2.22
Elections
For election of Officers of the Union and Elected Members of the Bureau the following rules shall apply:
 
B2.221 Nominations may be made by the Adhering Organizations. These nominations must be received in writing by the Secretary General at the Secretariat at least two months before the beginning of the meeting of the Council at which the elections will take place. They must indicate clearly the position for which each candidate is nominated and shall be accompanied by a biographical note on each candidate.

B2.222
The Bureau shall discuss the nominations made by the Adhering Organizations at a meeting prior to the meeting of the Council at which the elections are to take place. It has the right to make additional nominations for which information shall be provided. When the number of nominations exceeds the number of vacancies, the Bureau may make recommendations to the Council for filling the vacancies. These recommendations are not binding on the Council.
The officers of the Union and the Elected Members of the Bureau, as defined by the Statutes, shall be elected at a regular meeting of the Council by a written and secret ballot, a simple majority of the votes recorded being required for election. The election for each officer shall be held separately. If no nominee receives a majority on the first ballot, the nominee receiving the smallest number of votes shall be eliminated on the next ballot and successive ballots shall be held until a nominee receives a simple majority of the votes recorded or there are only two nominees on which to vote. If two nominees get an equal number of votes, the Presiding Officer, after consultation with the Executive Committee, shall cast the deciding vote.
For election of Elected Members of the Bureau, the nominees receiving the highest number of votes shall be elected to the vacancies provided that the number of votes cast for each such nominee shall be a majority of the total votes cast per vacancy. If fewer nominees than the vacancies receive a majority of such votes cast, then those receiving the majority shall be declared elected and a second ballot conducted among the remaining nominees for the remaining vacancies. If, in this second ballot, no nominee receives a majority, the nominee receiving the smallest number of votes shall be eliminated on the next ballot and successive ballots conducted until all vacancies are filled. In each ballot, the number of names to be listed on ballot papers shall be no more and no less than the number of vacancies outstanding at the conclusion of the previous ballot.

B2.23 Other Nonscientific Matters
Proposals on other nonscientific matters, after consideration, may be adopted without a formal vote unless objections are raised, when a vote shall be taken. Unless specifically stipulated otherwise in the Statutes and Bylaws, a simple majority of the votes recorded shall be required for adoption.

B2.24 Postal Ballots
Postal ballots on nonscientific matters may be conducted in accordance with a procedure described below, each Adhering Organization being entitled to cast the number of assigned votes, provided always that decisions on admission and removal of Members [(B2.21) above] and elections [(B2.22) above], the location of the official headquarters of the Union, changes in Statutes and Bylaws, and the dissolution of the Union are excluded from such postal ballots. Decisions reached by postal ballot on nonscientific matters shall be subject to ratification by the Council at its next meeting. In postal ballots on nonscientific matters only those votes shall be valid which are received within four months from the date of mailing of the request for voting. Action shall only be taken if more than one-half of the maximum possible number of votes has been received at that date. A simple majority of the votes shall be required for a decision.

B2.25 Additions to Council Agenda
Matters to be considered at a meeting of the Council must appear on the agenda of that meeting, which shall be sent to the Adhering Organizations at least four months before the meeting is to be held. However, in case of urgency, a question may be added to the agenda with the consent of at least three-quarters of the Delegates present at the meeting. Modification of the Statutes or Bylaws, admission or removal of Members, and elections of Officers or Elected Members of the Bureau, are excluded from this procedure.

B3 General Assembly Report

After each General Assembly of the Union the Executive Director shall publish an official report (Comptes Rendus) of the General Assembly.

B4 Divisions, Sections, and Commissions (cf. Statute 10)


B4.1 Division and Section Committees
B4.101 Each Division or Section shall be administered by a Division or Section Committee which shall be the organ of liaison between the Bureau on the one hand and the various bodies constituting the Division or Section on the other hand.
B4.102 The Titular Members and Associate Members of a Division or Section Committee and of Commissions within a Division or Section shall together form the Membership of the Division or Section.
B4.103 The Titular Members of each Division Committee shall be chosen by an electorate comprising the Titular Members, Associate Members and National Representatives on the Division Committee, together with the members or officers of such other bodies within the Division that the Bureau may specify. The number of Titular Members shall not exceed ten unless otherwise determined by the Bureau. The term of service of a Titular Member shall be not more than four consecutive years, but shall cease on election as an Officer. The Vice-President and the President of a Division or Section shall not hold these respective offices for more than four consecutive years; the Secretary of a Division or Section shall serve for four consecutive years and be eligible for reelection up to a maximum of a further four years. Exceptional circumstances must be established and special permission of the Bureau granted for Titular or Associate Membership of the same or more than one Division or Section Committee beyond a total of twelve years of total Titular and Associate Membership, whether the Memberships are consecutive or not.
Subject to this provision, the immediate Past-President of the Division or Section shall be one of the Titular Members of the Division or Section Committee for a period of two years. In addition to these Titular Members, the President, Vice-President, Past-President, Secretary General, and Treasurer of the Union shall be ex officio Members of all Division and Section Committees.
Additionally, a Division or Section Committee may elect Associate Members, who shall have full voting rights. The number of Associate Members shall not exceed six. The term of service of an Associate Member shall be two years, with the possibility of reelection consecutively for two more years only.
A newly elected Titular Member or Associate Member of a Division or Section Committee shall assume office only after approval by the Bureau or Executive Committee. The Adhering Organization with which the Titular Member or Associate Member is connected shall be notified of the appointment.
Additionally, a Division Committee may elect no more than six National Representatives on the nomination of Adhering Organizations, with no more than one representative from a given Adhering Organization. The term of a National Representative shall be two years, with the possibility of renomination and reelection consecutively for only two more years. Exceptional circumstances must be established and special permission obtained from the Bureau for the election of a National Representative from a country already represented on the Committee by a Titular or Associate Member.
B4.104 The Division or Section Committee shall elect from among its existing and, subject to confirmation, new Titular Members a President, a Vice President designated as President-Elect, and a Secretary. These elections shall be subject to approval by the Council.
B4.105 The Division or Section Committee may form a Division or Section Executive Committee, consisting of the President, the Vice-President designated as President Elect, and the Secretary of the Division or Section, to carry out the necessary administrative duties between meetings of the Division or Section Committee.
B4.106 The functions of the Division or Section Committee shall be:
B4.1061 to propose to the Council through the Bureau the establishment of Commissions to be attached to it and to appoint the membership and the initial officers of these, the appointments having to be approved by the Council;
B4.1062 to propose to the Council through the Bureau the dissolution of existing Commissions when required;
B4.1063 to supervise the work of its Commissions and other bodies;
B4.1064 to plan and organize scientific meetings and other activities which are deemed useful in furthering the objects of the Division or Section;
B4.1065 to prepare a budget for the Division or Section in accordance with a procedure to be prescribed by the Treasurer, for consideration and approval by the Bureau and the Council;
B4.1066 to advise the Bureau for recommendation to the Council on scientific matters.
B4.107 The Division or Section Committee shall meet at least every two years, during a General Assembly.
B4.108 Decisions of the Division or Section Committee must receive the approval of the Bureau when they would have financial consequences involving the budget of the Union. In addition, in order to ensure the fullest coordination between the activities of all the Divisions and Sections, the Secretary General at the Secretariat shall be informed of all other decisions taken by the Division and Section Committee.
B4.109 At a General Assembly the Division or Section President shall report to the Council on the activities of the Division or Section since the last General Assembly. In a year in which a General Assembly is not held the Division or Section President shall present to the Division or Section Committee and to the Bureau a written report on the activities of the Division or Section since the last General Assembly.
B4.110 Each Division and Section shall make provision for the conduct of the work of its Commissions and other bodies. Such provision, which must receive the approval of the Bureau, may be incorporated in Divisional or Sectional rules.

B4.2 Annual Meeting of Division and Section Presidents
A meeting of the Division and Section Presidents shall be held each year. At this meeting topics which are of interest for cooperation between the Divisions and Sections or between the Divisions and Sections on the one hand and the Council, the Bureau, and the Executive Committee on the other hand shall be discussed and the meeting may make recommendations to the Bureau.
The meeting shall be presided over by one of the Division or Section Presidents elected for this task at the previous meeting. The Secretary General shall be invited to attend.

B4.3 Commissions
B4.301 On the recommendation of a Division or Section Committee, through the Bureau, the Council may create a Commission of the Division or Section. Each Commission shall have as its objective the study of topics of international scientific or technical significance requiring agreement, standardization, or codification in some aspect of pure or applied chemistry. The terms of reference of a new Commission shall be clearly described and approved by the Council. If a Division or Section Committee wishes to create a Commission, it must apply to the Bureau for the appointment of an ad hoc committee of three persons which shall study the question and then report back to the Bureau. This report, if favourable to the creation of a new body, shall contain an indication as to the probable duration of the life of the new body and an estimate of its annual cost.
B4.302 At each General Assembly, the Council shall in the light of the Division or Section President's report and on the recommendation of the Bureau decide whether or not to continue each Commission.
B4.303 Each scientific and technical Commission shall be composed entirely of specialists. They may consist of Titular Members and Associate Members, who all shall have full voting rights.
Each Commission shall elect from among its existing and, subject to confirmation, new Titular Members by a simple majority a Chairman, a Secretary, and, if desired, also a Vice-Chairman. These elections are subject to approval by the Bureau.
B4.304 The Membership of each new Commission is determined by the Council. Thereafter, both Titular Members and Associate members may be nominated by the Commission but shall assume office only after approval by the Division or Section Committee and by the Bureau or Executive Committee. The terms of service of Titular Members and Associate Members shall be two years, with the possibility of reelection for two years of Membership up to a maximum of eight years. The sum of the years of service as a Titular Member, including service as Chairman, Vice-chairman, or Secretary, shall not exceed a total of ten years, whether these are consecutive or not, and further appointment thereafter as an Associate Member shall be for two years only. The rotation of a person through alternate periods of Associate, Titular, and Associate Membership may be permitted to a total of twelve years. Exceptional circumstances must be established and special permission of the Bureau granted for
(i) the reappointment as a Titular Member of a person who has served eight years as a Titular Member, whether these are consecutive or not. The extension shall be for a period of two years.
(ii) the rotation of a person through alternate periods of Titular and Associate Membership beyond a total of twelve years, whether these are consecutive or not. The extension shall be for a period of two years.
(iii) membership in any capacity, other than that of National Representative, of one or more Commissions of a Division or Section or of different Divisions or Sections beyond a total of twelve years, whether these are consecutive or not. The extension shall be for a period of two years.
(iv) the replacement by a Division or Section President between General Assemblies of a Member of a Commission.
The number of Titular Members of each Commission shall not exceed eight. The number of Associate Members of a Commission shall not normally exceed the number of Titular Members but, in exceptional circumstances, may be increased to twelve by a decision of the Bureau. Both Titular Members and Associate Members shall be authorities in the field covered by the Commission and shall be so recognized by their Adhering Organizations. Before submitting their names for election, the Chairman of the Commission shall explain to them their duties and they shall agree to undertake them if they are elected.
The choice of a Titular Member or an Associate Member by a Commission may take place either during a meeting of the Commission or by correspondence. The nomination shall then be submitted via the Division or Section Committee to the Secretary General at the Secretariat for approval by the Bureau or Executive Committee. The Adhering Organization with which the Titular Member or Associate Member is connected shall be notified of the appointment.
B4.305 Besides the Membership of a Commission, the following may attend Commission meetings:
(i) National Representatives nominated by the various Adhering Organizations and approved by the Commission. A Commission may coopt not more than one such representative from an Adhering Organization, but such representation shall not be permitted if the Commission already has a Titular or Associate Member from that Organization, unless exceptional circumstances are established and special permission granted by the Bureau. Such representation shall lapse at the conclusion of the next General Assembly unless the person is renominated by his Adhering Organization and reapproved by the Commission. Reappointment of National Representatives beyond a total of twelve years service, whether these are consecutive or not, requires that special circumstances should be established by the Adhering Organization.
(ii) Observers, who shall be persons desirous of becoming acquainted with the work of a Commission, may attend on the advice of the Division or Section President or Secretary General. Observers may not take part in the proceedings of a Commission unless specifically invited to do so by the Chairman.
The names of these National Representatives and Observers shall be communicated to the Secretary General by the Chairman of the Commission concerned.
B4.306 The Division or Section President shall be ex officio a member of all the Commissions attached to the Division or Section.
B4.307Members of IUPAC bodies may receive contributions towards travel and subsistence expenses from funds of the Union, as authorized by the Treasurer. The Bureau shall establish procedures and guidelines for the approval of such expenses.
B4.308 A Commission may propose to the Division or Section Committee the establishment of subcommittees with responsibility for designated functions within the scope of the Commission.
B4.309 A meeting of a Commission can be financed only upon authorization of the Treasurer after recommendation by the appropriate Division or Section Committee.
B4.310 The Chairman of a Commission shall each year present to the Division or Section Committee a written report on the activities of the Commission, outlining the results obtained and indicating any new work which is to be undertaken.
B4.311 All reports of Commissions shall be forwarded via the Division or Section Committee to the Bureau, and then submitted to the Council if required by Bylaw 2.11.

B5 Associated Organizations (cf. Statute 11)

B5.1 The Bureau, having satisfied itself that the claims and activities of an organization seeking to become an Associated Organization of the Union are in accordance with Statute 11, may recommend acceptance to associate membership by the Council provided that
(i) the period of existence of the applicant organization has been adequate to establish its stability and the quality of its activities;
(ii) the statutes and bylaws of the organization do not conflict with the Statutes and Bylaws;
(iii) the activities of the organization neither duplicate nor are in conflict with the legitimate functions of the Union such as standardization, codification, or other matters of scientific importance.
B5.2 The Union shall invite Associated Organizations to send representatives to its General Assembly and to relevant meetings of IUPAC bodies when joint sponsorship of meetings or other joint activities may be discussed.
B5.3 The Union shall offer assistance in publicizing meetings of Associated Organizations.
B5.4 The Union shall present to Associated Organizations such particulars as are decided by the Officers of the Union to be relevant to joint activities.
B5.5 The continuation of membership of each Associated Organization shall be reviewed by the Council every four years beginning in 1993.

B6 Adoption, Changes, and Interpretation of Bylaws

B6.1 The Bylaws shall take effect immediately after their adoption by the Council.
B6.2 Changes in the Bylaws may be proposed by the Bureau or by any Adhering Organization. Notice of changes so proposed shall reach the Secretary General at the Secretariat in writing at least eight months before the meeting of the Council at which the proposal is to be considered. A change shall be made only if more than one-half of the total number of votes assigned to the Adhering Organizations are cast in favour of such a change.
B6.3 In all cases where the bylaws are not clear or do not give a decision, the President's Ruling shall be decisive.

 


PRESIDENTIAL RULINGS

Member Countries/Territorial Considerations: see Minute 10/79, 30th Council - Davos: Prof. G. Smets ruled that:

In the case of a country in which present circumstances make it impossible for all chemists to engage in coordinated scientific activities over the whole territory, "country", as used in Statute 3.1 shall designate geographical territory, in which a community of chemists pursue independent scientific activities.

Use of the word "country", see Minute 7.3/97, 124th Executive Committee - Jerusalem: Prof. A. E. Fischli ruled that:

In accord with IUPAC's status as a non-governmental organization, the word "country" as used in Statutes 1, 3.1 and 3.3 may include a specific geographic territory that is widely recognized as having the cultural and administrative characteristics usually associated with an independent state but without necessarily having complete independence or sovereignty.

 

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