Constitution

CONSTITUTION AND RULES

Clause                                     Title                                                              Page

1.                 NAME OF THE ASSOCIATION ................................................................................. 3

2.                 TYPE OF ASSOCIATION .......................................................................................... 3

3.                 ELIGIBILITY ............................................................................................................... 3

4.                 INTERPRETATION .................................................................................................... 3

5.                 OBJECTS .................................................................................................................. 4

6.                 REGISTERED OFFICE .............................................................................................. 6

7.                 MEMBERSHIP ........................................................................................................... 6

8.                 RESIGNATION FROM MEMBERSHIP ...................................................................... 7

9.                 TERMINATION OF MEMBERSHIP ........................................................................... 7

10.               VOTING ..................................................................................................................... 8

11.               REGISTER OF MEMBERS ....................................................................................... 8

12.               MANAGEMENT ........................................................................................................ 8

13.               ANNUAL GENERAL MEETING ............................................................................... 8

14.               SPECIAL GENERAL MEETING ............................................................................... 9

15.               EXECUTIVE COMMITTEE ...................................................................................... 10

16.               SUB COMMITTEES ................................................................................................ 13

17.               REMOVAL OF OFFICER ........................................................................................ 14

18.               ELIGIBLITY TO HOLD OFFICE .............................................................................. 14

19.               VACATION OF OFFICE ........................................................................................... 14

20.               ELECTIONS ............................................................................................................. 15

21.               QUORUM ................................................................................................................. 15

22.               OFFENCE BY MEMBERS ....................................................................................... 16

23.               FINANCIAL .............................................................................................................. 16

24.               BANK ACCOUNTS .................................................................................................. 17

25.               ACCESS TO BOOKS .............................................................................................. 17

26.               SUBSCRIPTIONS .................................................................................................... 17

27.               BY-LAWS ................................................................................................................. 17

28.               AMENDMENTS TO THE CONSTITUTION AND RULES ........................................ 17

29.               STANDING ORDERS .............................................................................................. 18

30.               INDEMNITY ............................................................................................................. 18

31.               TRUSTEES ............................................................................................................. 18

32.               AUDITOR ................................................................................................................ 19

33.               EDITOR ................................................................................................................... 19

34.               DISSOLUTION ........................................................................................................ 19

35.               OPERATION ............................................................................................................ 20

36.               CUSTODY OF RECORDS ....................................................................................... 20

37.               COMMON SEAL ...................................................................................................... 20

38.               COMMUNICATION .................................................................................................. 20

39.               TRANSITION PERIOD ............................................................................................ 20

APPENDIX A ............................................................................................................................... 22

STANDING ORDERS FOR ALL MEETINGS OF THE ASSOCIATION .......................................................... 22

1)          ORDER OF BUSINESS ........................................................................................................................ 22

2)          RULES OF DEBATE ............................................................................................................................ 22

 

CONSTITUTION AND RULES 


1.     NAME OF THE ASSOCIATION

The  name  of  the  Association  shall  be  AUSTRA-LANKA  MUSLIM  ASSOCIATION (ALMA)

2.     TYPE OF ASSOCIATION

ALMA shall be a non-profit making humanitarian and community association incorporated under the Associations Incorporation Act 1984 dedicated to the welfare of Muslims of Sri Lankan origin olineage  normally  residing  in  Australia,  to  develop  and  support  the  religious,  cultural, educational,  social, moral and spiritual needs of its memberwhile promoting  a harmonious relationship with other communities in Australia.

3.     ELIGIBILITY

 

Muslims of Sri Lankan origin normally resident in Australia, their spouse (irrespective of their country of origin) and descendants shall be eligible for membership of the Association, subject to Clause (7).

4.     INTERPRETATION

In these rules:

Associationshall mean Austra-Lanka Muslim Association (ALMA). Chairpersonshall mean the person who chairs the meeting. “Islamshall mean the faith enunciated in the Holy Qur’an

Muslim of Sri Lankan originshall mean a, person born in Sri Lanka or of Sri Lankan lineage.

Executive officershall mean the President, Vice-President, Treasurer or Secretary duly elected in accordance with these Rules.

Membershall mean an individual whose name is entered in the Register of the Association

“Public Officer” shall mean the official point of contact for the association and authorised person for dealing with the government institutions and public in relation to the affairs of the association.

Financial Yearshall mean first day of July of an year to the thirtieth day of June of the subsequent year.

  

Financially current membershall mean a member who has paid the appropriate subscription fee for the current financial year. A grace period of three calendar months shall be allowed to renew the membership.

Officershall mean any full member elected or appointed to and holding office in the Association, whether honorary or salaried, and shall include ExecutivOfficers, Committee  members and Trustees.

Executive Committeeor Committeeshall mean the Executive Committee of the Association as defined in the Rules.

Rulesshall mean the rules of the Association, which are in force from time to time.

Basic  tenets  of thIslamic  Faith”  shall  include  belief  in Allah,  and  teachings  of Islam  and acceptance of Islam as the only source of faith.

Registershall mean the Register of Members maintained by the Secretary and/or Treasurer in accordance with the Rules.

Dayshall mean a calendar day.

Words in singular number also include the plural and vice versa.

5.     OBJECTS

The objects for which the Association is established are:

a)   To promote the practice and principles of the Islamic religion b)   To conserve and foster Islamic culture and beliefs

c)   To promote  all matters  concerning  the cultural  and spiritual  well-being  of Muslims  of SrLankan origin.

d)   To encourage members to be good and useful citizens of Australia

e)   To promote  co-operation  between  the Association  anall other  organizations  promoting similar objects

f)    To encourage participation and contribution to the socio-cultural development of Australia

g)   To  provide  counselling  and  other  assistance  within  the  scope  and  limitations  of  thAssociation, to members in need.

h)   To provide moral and material assistance to new migrants of Sri Lankan Muslim origin.

i)     To speak and make representations on behalf of Muslims of Sri Lankan origin on all such matters affecting their

i.   Religious, social, cultural and educational welfare ii.  Human rights

j)     To promote and maintain unity and friendship among the Muslims and between them and other communities in or outside Australia

k)   Initiatives  on above objectshall be in accordance  with the guidance  of the Qur’an  anSunnah.

l)     To do all such things as the Association may from time to time deem incidental or conducive to the attainment of the above objects or any of them, provided such actions are not forbidden in the Qur’an, the Sunnah and the Australian legal system.

To achieve the above:

The Executive Committee shall, subject to the provisions of the Act, have power to do all such lawful things as may seem to the Committee necessary to carry out the objects of the Association. These include but are not limited;

m)  i. To establish funds for the general conduct of the Association

ii. To establish relief funds to help any worthy cause so identified by the executive committee n)   To establish and distribute literature for the benefit of its members and contribute to ansubscribe to journals of other organizations and bodies

o)   To purchase, sell, mortgage, lease or otherwise deal in real and personal property of all kinds for the benefit of the Association as a whole

p To  appoint  and  employ  officers,   solicitors accountants,   auditors  and  other  persons considered necessary for the efficient working of the Associations and to pay such salaries, fees and allowances to persons so appointed and to members of the Associations engaged in furthering the objects and work of the association.

q)   To establish trusts for the purpose of holding and safeguarding the assets of different projects initiated by the association. In the event such a trust being established, the board of trustees, appointed for that particular project, shall be empowered to conduct the affairs of the trust and shall  govern  iaccordance  with  the  provisions  othe  deed  otrust,  unless  otherwise specifically defined herein under.

i.   In particular, to manage funds collected (if any) for the establishment of a religious and community centre, and property (if any) thereafter,

ii.  In particular, to manage funds collected under the Janaza (funeral) fund for the purpose ofinancially  supporting  part  othe  funeral  expenses,  in  the  event  of  a  subscribed member’s demise

This trust shall fulfill the following clauses:

1)   Executive Committee  shall establish a trust, subject to Clause (q) (ii) (2), to govern and manage the finances of the Janaza (funeral) fund in accordance  with the rules and regulations as stipulated in the deed of trust.

2)   The rules and regulations of the aforementioned  deed of trust shall be presented and approved by two-thirds majority of eligible members physically present at a General Meeting.

3)   The Executive Committee  shall determine and nominate the board of trustees comprising  nine members of which three members shall be from the Executive Committee  and six subscribed-members of the Janaza (funeral) fund.

4)   Upon establishment  of the aforementioned  trust, any changes therein shall only be executed in accordance  with the rules and regulations of the deed of trust.

6.     REGISTERED OFFICE

The registered office of the Association shall be at a place as the Executive Committee may from time to time decide.

7.     MEMBERSHIP

(a) Membership types

There shall be 3 types of members:

i.    Full members:

Membership of the Association shall be open to Muslims of Sri Lankan origin who are 18 years  and  above,  their  spouse  (irrespective  otheir  country  oorigin)  and  their descendants normally resident in Australia.

ii.   Affiliate members:

A person who fulfils membership conditions of Clause 7(a)(i) except that they are not of Sri Lankan origin, shall apply to be an affiliate member, and may be approved as an affiliate  member  bthe  Executive  Committee.  Affiliate  members  shall  not  hold  any elected office but shall be appointed to committees by an Executive Committee as they deem necessary.

iii.  Junior members:

A junior member is a member who fulfils all the conditions of Clause 7(a)(i) except that they are below the age of 18. Upon attaining 18 years, they shall be eligible to become a full member.

Notwithstanding any of the above, all membership applications shall be on the prescribed forms, nominated and seconded by two members and is subjected to the approval of the Executive Committee.

(b) Subscription fees

i.   Family subscription shall cover the fee for the member, spouse and children under 18 years

ii.  Individual subscription shall cover the fee for a member who is 18 years and above

8.     RESIGNATION FROM MEMBERSHIP

(a) A member may resign from membership of the Association. In the event of such resignation he or she shall notify the secretary in writing.

(b)  The member resigning from the Association shall thereupon forthwith return any property of the Association in his or her possession and pay any monies owing to the Association to the secretary.

(cOn  receipt  of  such  resignation  the  secretary  shall  delete  his  or  her  name  from  the membership register.

9.     TERMINATION OF MEMBERSHIP

(a) A member shall cease to be one if that member shall die;

(b) A member shall cease to be a member when he or she is no longer eligible for membership

(cIf a member shall, by a resolution passed by a majority at a general meeting be expelled from the Association

i.  Written notice of a proposeresolution  to expel a member shall be forwarded  to the member not less than twenty-one days before the date of the general meeting, at which the resolution is to be moved, and he or she shall be given an opportunity of being heard at the meeting.

ii.  The Secretary shall promptly notify such person (where practicable) of the termination of his or her membership stating the date thereof and the reason thereof and the amount and nature of any debts owed by him or her to the Association. The notification shall be made in writing, to the last known address of the member as shown in the Register.

(d) The member who ceases to be a member shall thereupon forthwith return any property of the Association in his or her possession and pay any monies owing to the Association to the secretary.

(e) When a member ceases to be a member his or her name shall be removed from the register of members.

  

10.  VOTING

(a) Full members who are financially current for at least three months shall be eligible to vote.

(b) Questions arising at any general meeting of the Association or any meeting of the Committee shall be decided by a majority of votes.

(c)  Voting shall be by show of hands unless otherwise challenged by an eligible member to vote.

In the event of such a challenge the meeting shall hold a secret ballot. The Chairperson for all the meetings shall be the President of the Association. If the president is not present, one of the vice-presidents shall conduct the meeting, but if the president and the vice-presidents are not present or do not wish to take the chair, the members present shall elect a Chairperson for the meeting.

(d) For a single vacant position if more than one candidate receives equal number of votes, the voting shall be repeated until a clear winner is elected.

(e) Proxy votes shall not be permitted at meetings.

(f)  Decisions made at general meetings shall be binding.

11.  REGISTER OF MEMBERS

(a) The Secretary  and the Treasurer shall maintain  and keein their custody  a Register  of members showing the full names and contact details of members of the Association. The Register shall be kept up to date. Only the names of the members shall be available for viewing to any financially current member of the Association on request.

(b) The Secretary and/or the Treasurer shall provide copies of membership to other members of the Executive Committee and the editor for administrative purposes.

(c)  All copies of membership register or part thereof held in the possession of outgoing Executive

Committee members shall be handed over to the Secretary at or before the AGM.

12.  MANAGEMENT

The management of the Association shall be vested in an Executive committee elected at thAnnual General Meeting or Special General Meeting.

13.  ANNUAL GENERAL MEETING

(a) An Annual General Meeting shall be held by the association once every year within three months from the end of the financial year of the Association

 

(b) The executive committee shall decide the date, time and venue of the meeting.

(cThe secretary shall notify all financially current members the date, time and venue of the meeting in writing or through the official communication channel/s of the association in effect at the time.   Such notice shall be sent to the contact details recorded in the Register of members at least 14 days prior to the meeting.

(d) The order of business at the Annual General Meeting shall be:

i.    Recitation of some verses of the Holy Quran

ii.   To confirm the minutes of the last general meeting, whether the annual general meeting or a special general meeting

iii.  To receive a report from the committee concerning the activities and business of thAssociation during the preceding financial year ending 30 June.

iv.  To receive and adopt the statement of income and expenditure and the balance sheet as at the end of the financial year.

v.   To determine any matters referred to it by the committee. vi.  To review the acts and decisions of the committee.

vii. To discuss and determine any matters raised by the members

viii. To amend, repeal or add any clause to the constitution as stipulated in clause 27. ix.  To elect an executive committee.

x.   To appoint an auditor.

xi.  To elect members to special projects.

(e) All decisions made at the annual general meeting, unless contrary to the constitution shall be binding on all members.

14.  SPECIAL GENERAL MEETING

(a) Special General Meeting (SGM) shall be conveneby the Executive  Committee  for the following reasons

i.    When the executive committee so resolves or

ii.   When such a meeting is requisitioned by not less than twenty-five (25) per cent of the financially current members. Such requisitioshall be addressed to the President or Secretary clearly stating the reason(s) for such a meeting. All members requisitioning such a meetinshall write their name addresses  and place their signatures  on the document or

iii.  In the event of Clause 14(a)(ii), the secretary shall convene a SGM within 28 days of the receipt of the requisition.

iv.  In the event memberswritten requisition as per Clause 14(a)(ii) has not been acted upon by the President and/or Secretary of the Association, the Trustees shall be empowered to call a Special General Meeting within three (3) months from members informing the Trustees.

(b) The Executive Committee shall decide the date, time and venue of the Special General

Meeting.

(cThe secretary shall inform all financially current members the date, time, venue and the reason  for  the  meeting  in  writing  through  the  official  communication  channel  othe Association at least 14 days prior to the meeting

(d) No business shall be transacted at a Special General Meeting unless notice thereof has been given in accordance with these Rules.

(e) A Special General Meeting shall have powers equal to those of an Annual General Meeting in transacting all business, the nature of which has been outlined only in the notice of the meeting

15.  EXECUTIVE COMMITTEE

(a) The Executive Committee of the Association shall comprise up to a maximum of nineteen

     (19) members and shall be made up of:

i. Twelve (12) Elected Members as follows:

President,

Two (2) Vice Presidents, Secretary,

Treasurer,

Seven (7) committee members

ii. Five (5) Appointed Members as per Clause 15(c)

iii. One (1) member from the BoysYouth Subcommittee:

    The Head of BoysYouth Subcommitteor in his absence, an office bearer from the said subcommitte(applicable only when a formally appointed BoysYouth Subcommittee  is in operation).

iv.One (1) member from the GirlsYouth Subcommittee:

   The Head of GirlsYouth Subcommittee  or in her absence, an office bearer from the said subcommitte(applicable only when a formally appointed GirlsYouth Subcommittee  is in operation).

 

(b)

  i.  To form a legally binding Executive Committee under this constitution, a minimum of five (5) members, including President, Secretary and Treasurer, shall be elected.

ii.   Upon  fulfilling  the  condition  of  Clause15(b)(i),  the  Executive  Committee  shall  be empowered to appoint members to fill the remaining vacant positions (if any) as per Clause15(a)(i).

iii.  In the event the condition of Clause 15(b)(i) is not fulfilled the incumbent Trustees shall be entrusted to manage the affairs of the association until a Special General Meeting is called, within six months, to elect a new Executive Committee or to make an appropriate decision.

(c)  In addition to Clause 15(a)(i), the Executive Committee shall be empowered to appoint up to a further five (5) Executive Committee members as deemed necessary.

(d) At least three members of the Executive Committee shall be females

(e) At least one member of the Executive Committee shall be under the age of 30 years.

(f)  In the event Clause 15 (d) and/or (e) is not fulfilled by election, the Executive Committee shall appoint such members to the committee under Clause 15(c)

(g) In order to assist the Secretary and the Treasurer, the Executive Committee shall appoint an Assistant Secretary and an Assistant Treasurer respectively from among the Executive Committee members.

(h) The Executive Committee shall be elected at the Annual General Meeting or a Special General Meeting and hold office for a period of up to two years, and a further three calendar months as per Clause 13(a).

(i)   The Executive Committee shall have the following powers and duties

i.  Except when the Annual General Meeting or a Special General Meeting is in session, to manage the affairs and conduct the business of the Association to administer the Rules and to do all acts as the Annual General Meeting is empowered to do unless specifically prohibited from so doing by the General Membership.

ii. To carry out such specific duties as delegated to it by the Annual General Meeting or by a Special General Meeting.

iii. To submit to the General Membership such reports, returns and other information as the rules may require.

iv. To  authorise,  such  expenditure  omonies  from  the  Association  Funds  as  may  be necessary for the conduct of the affairs of the Association.

vTo employ such persons as deemed necessary to the service of the Association and to terminate the service of such persons.

vi. To appoint the Editor(s).

  

(e) The executive committee shall meet as often as is necessary to transact the business of the

Association or

i.   When three or more committee members notify the President or Secretary that they desire a meeting to be held.

ii.  The secretary shall inform all the Executive Committee members the date, time, venue and the agenda of the meeting at least seven days prior to the meeting.

(f)  No membeof the Executive  Committee  shall be appointed  to any salarieoffice of the Association or to any office of the Association paid by fees and no remuneration or other benefit in money or moneys worth shall be given by the Association to any member of the Executive Committee except repayment of out-of-pocket expenses.

(g)

i.   In case of a vacancy in the office of the Executive committee, the Executive Committee may appoint  any member  of the Executive  Committee  to the vacanposition  for the remainder of its term

ii.  In case of a vacancy in the membership of the Executive Committee, the Committee is empowered to appoint any eligible member of the Association to the membership of the Committee until the end of the Committees term.

iii. The Committee may at its discretion invite any person to attend, participate and or observe proceedings of a Committee meeting.

(h) The president shall be the chief officer of the Association and Public Officer of the Association and ex officio member of all other Committees and Sub-committees of the Association and shall preside at all meetings of the Executive Committee and all General Meetings at which he or she is present.

(i)   The president shall be entitled ex officio to attend any formal or informal assembly of all or any of the Members and shall have the same responsibilitieand privileges as any other member present, provided that he or she shall not have the power to cast his or her vote at any meetings or assembly at which he or she exercises this entitlement to attendance.

(j)   The president shall, if deemed necessary, delegate the role of Public Officer to any other member of the Executive  Committee.  The secretary shall notify the details of the current Public Officer to the appropriate authorities as needed by the law in the state of New South Wales.

(k) The Vice-Presidents shall assist the President in the execution of his or her duties, and shall deputise for him in his or her absence or incapacitation.

  

(l)  The secretary, subject to the general direction and supervision of the Executive Committee and the President, shall supervise and control the routine and office work of the Association, and shall attend to all correspondence of the Association, and shall keep the records

thereof, and shall keep proper and accurate minutes of all meetings of the Executive Committee and General Meetings of the Association. The Secretary shall be empowered to be custodian of the Common seal of the Association as defined in the Ass. Inc. Act 1984.

(m)The Treasurer, subject to the general direction and supervision of the Executive Committee, and the president, shall handle all monies of the Association, and shall keep proper banking accounts and books of account recording all financial transactions thereof. He or she shall supply from time to time all information required by the auditors and by the Executive Committee, and within three weeks after the close of the financial year of the Association, prepare a full statement of income and expenditure for that financial year and Balance Sheet of the Association. The Treasurer shall not make any payments on behalf of the Association unless such payments are authorised by the Executive Committee or by the Association in the Annual or Special General Meeting.

(n) A Committee member shall not hold office in any other organization whose objects are in conflict with that of the Association. The Executive committee shall decide whether such conflict exists.

(o) In the event the incumbent President’s term of office is terminated for any reason, his or her position as Public Officer of the Association shall be deemed to have simultaneously terminated.

(p) The Executive Committee members upon termination of their positions in the Association shall be deemed to have terminated to represent on behalf of the association with other organizations.

16.  SUB COMMITTEES

(a) The Executive committee is empowered to establish other sub-committees to help in carrying out certain activitieor functions,  and no sub-committee  shall be established  without the sanctioning of the Executive Committee.

(b) The decision to establish a sub-committee and details of the purpose of the sub-committee and its scope of operation shall be minuted.

(cNo  sub-committee  shall  operate  outside  the  parameters  sanctioned  by  the  Executive Committee, and no sub-committee will have powers exceeding those conferred upon that sub- committee by the Executive Committee.

(d) The Executive Committee may allocate sufficient funds to any subcommittee to be used by that sub-committee in carrying out its activities or functions.

(e) All  sub-committees   shall  be  accountable   to  the  Treasurer  for  all  their  receipts  and disbursements, and the Treasurer shall always have the authority to inspect their financial transactions  and supply  additional  funds,  or withdraw  excess  fundavailable  to thein accordance with determinations by the Executive Committee.

17.  REMOVAL OF OFFICER

a)  A general meeting called for the purpose of removal of an officer, finds that officer guilty and ineligible to hold office, in accordance with these rules, it may by resolution remove such person from his or her office upon a resolution for that purpose being passed in accordance with Clause 19(e) by the General Meeting of the Association called for that purpose.

b)  No such resolution shall be moved at a general meeting unless the person concerned has been given at least 28 days of notice to move the resolution and an opportunity to show cause to the Committee why the resolution should not be moved.

18.  ELIGIBLITY TO HOLD OFFICE

a)  No member under the age of 18 years shall be eligible for nomination or election to any office of the Association

b)  Any person who does not believe in basic Islamic faith shall be ineligible to hold or to continue to hold or to be nominated for election or appointed to any office or position of the Association

c)  A member to be eligible for office should be financially current for a minimum of six calendar months.

d) The Members of the Executive Committee shall be resident in New South Wales

19.  VACATION OF OFFICE

The office of a member of the Executive Committee or of a Trustee shall become vacant:

a Upon his or her death

b)   If he or she becomes mentally ill in any way under the law relating to Mental Health c)   If he or she resigns his office by notice in writing to the Association

d)   In the case of the Executive Committee members only, if he or she is absent for more than three consecutive meetings without leave of the Committee.

e)   Upon  the  resolution  being  passed  btwo-thirds  majority  omembers  present  at  a properly constituted general meeting specially called for the purpose, to remove him or her from office.

  

20.  ELECTIONS

In electing the Executive Committee:

The Secretary shall notify the members of the Association for the general meeting to be called for the purpose of electing a new Executive Committee in accordance with Clause 13 (c) above

a)  Nomination

Nominations of candidates for election as executive officers of the association or as committee members:

i.     must be made in writing, signed by 2 members of the association and accompanied by the written consent of the candidate (which may be endorsed on the form of the nomination), and

ii.    must be delivered to the secretary of the association, via the official communication channel in effect at the time, at least 3 days before the date fixed for the holding of the annual general meeting at which the election is to take place.

iii.  If insufficient nominations are received to fill all vacancies on the committee, the candidates nominated are taken to be elected and further nominations are to be received at the annual general meeting.

iv.  If insufficient further nominations are received the executive committee shall be empowered to appoint any vacant positions remaining on the committee subject to Clause (15) (b) (ii)

v.   If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated are taken to be elected.

vi.  If the number of nominations received exceeds the number of vacancies to be filled, a ballot is to be held as per Clause 10.

21.  QUORUM

(a) At an Annual General Meeting and Special General Meetings of the Association twenty-five (25) or fifty percent (50%) of the full members, whichever is the lesser, present in person shall form a quorum. At all meetings of the Executive Committee five (5) members thereof present in person shall form a quorum.

(b) If an AnnuaGeneraMeeting  or a Special  GeneraMeeting  or Committee  meeting  was adjourned  to another date by reason of insufficient  quorum, the memberpresent at the meeting  on that other date will form a propequorum,  provided  that the business  to be considered in the latter meeting is the same as was proposed in the adjourned meeting.

22.  OFFENCE BY MEMBERS

(a) The Executive Committemay call upon any member who the Committehas reason to believe is acting or has within twelve months preceding acted in a manner prejudicial to the interests of the Association or has committed any offence against the rules to show cause why he or she should not be reprimanded or expelled from the Association.

(b) The Secretary shall give to the member concerned at least twenty-one daysnotice in writing of the time, date and place fixed for hearing evidence relating to the offence which he or she is alleged to have committed and all particulars of the alleged offence and such notice in writing shall be sent via the official communication channel to the member’s contact address as shown in the Register.

(c)  The evidence relating to the alleged offence shall be heard by the Executive Committee or by a Sub-Committee  consisting of not less than three members of the ExecutivCommittee appointed for the purpose and the member concerned shall be heard in his or her defence either personally or through counsel or he/she may make in writing such submissions as he or she may desire to make.

(d)  If the evidence relating to the offence is heard by a Sub-Committee, that Sub-Committee shall report  its  findings  tthe  Executive  Committee  together  with  itrecommendations.  The Secretary shall promptly inform the member in writing of the decision of the Committee. In the event of expulsion, the expulsion shall become effective thirty (30) days after the date of such notification unless an appeal against the expulsion is lodged with the Secretary.

(e) A member who is found guilty of an offence shall have a right of appeal to a Special General Meeting, if and only if the penalty imposed by the Committee is expulsion from the Association, provided that he or she submits such an appeal within thirty (30) days of the date of such notification of the decision of the Committee. The expulsion, in such a case, shall not become effective before the appeal is determined.

23.  FINANCIAL

(a) The Association shall raise funds by subscription, voluntary donations and any other means approved by the executive Committee. These funds together with any other monies received shall be applied for any or all of the objects or purposes of the Association.

(b) All subscriptions and donations shall be paid to the association and collected by the Treasurer or any other individual/s authorised for that purpose. Such payments shall be paid via methods as deemed appropriate by the Executive Committee

(cThe Treasurer shall issue receipts for all money received. The Executive Committee shall delegate any other members to assist in collecting money and issue official receipts.

  

24.  BANK ACCOUNTS

(a) Current/savings accounts in the name of the Association shall be kept with a bank or banks approved by the Executive Committee, and all funds of the Association shall be banked with such bank or banks

(b) Not more than four executive officers shall be authorised by the Committee to sign cheques on the bank account/accountof the Association, and at least two such officers, shall sign each cheque.

25.  ACCESS TO BOOKS

Any  financial  member,  having  given  the  Treasurer  14  days  prior  notice  iwriting,  shall  be permitted to inspect the financial books of the Association at such time or times as the Committee shall direct. The treasurer shall exercise privacy concerns of members prior to disclosing financial books of the association.

26.  SUBSCRIPTIONS

The Annual General Meeting or Special General Meeting shall determine the amounts of the annual subscription for the following financial year and the Secretary shall advise all members of these amounts.

27.  BY-LAWS

The General Meeting may make By-Laws not inconsistent with these Rules for the better management of the Association and may repeal, amend or add to any By-Law of the Association.

28.  AMENDMENTS TO THE CONSTITUTION AND RULES

(a) The Constitution  and Rules shall be amended  at an Annual General Meeting  or SpeciaGeneral Meeting.

(b) The Constitution and Rules of the Association shall only be amended in accordance with the provisions provided herein:

(cProposal to amend the constitution shall only be proposed and seconded by financially current members or recommended by a decision of the Executive Committee.

(d) Individuals proposing and seconding amendments to the Constitution as they may seek, shall give 28 daysnoticprior to the Annual  General  Meeting  or Special  General Meeting, to the Secretary

(e) The proposed amendment together with the notice shall be in writing.

(f)  Such amendments to be carried shall have the support of not less than three fourths (3/4)

of the members physically present and eligible to vote

29.  STANDING ORDERS

The Standing Orders of debate, which are printed in Appendix Ato these Rules, shall be used at all meetings of the Association and the Committee.

30.  INDEMNITY

No liability shall attach to any officer, agent or employee of the Association for any act, neglect, omission or default of any Committee or Meeting in respect of carrying out his/her duties in relation to the Association or for joining in any receipt or for any other act of conformity or any loss, damage or misfortune caused by any act, neglect, omission or default of any other person or caused by any insufficiency, deficiency or irregularity in any agreement, contract, instrument, security deed, lease or document or for any other person or for any error of judgment, omission, default or oversight on his or her own part or for any damage, loss, misfortune arising there from unless such error of judgement, omission, default, oversight, damage, loss or misfortune be caused by his or her own willful default or neglect, any such officer, servant or agent if found to be liable shall be indemnified by the Association.

31.  TRUSTEES

(a) The Association shall have three trustees approved at the AGM subject to Clause 31 (b)

(b) The guidelines for recommending trustees are as follows:

i.      The immediate past president and the presidents of the two previous terms shall consist the board of trustees.

ii.     In the event the above criteria cannot be met, the members present at the AGM shall nominate candidates for approval by the AGM.

(c) The role of the trustees is advisory, unless otherwise specified under other clauses in this constitution.

(d) Trustees shall participate at executive committee meetings on invitation. Trustees shall not vote on decisions at the executive committee meetings

  

(e) The members shall elect a Trustee at a General Meeting of the Association at the time of the election of an Executive Committee.

(f)  In the event that a trustee resigns or vacates the position or is unable to continue with the duties of a Trustee for any reason, the Executive Committee is empowered to appoint another Trustee to fill this vacancy, however in this event the newly appointed Trustee shall be appointed for the remainder of the term of the incumbent and his/her term shall be considered ended at the end of the term of the trustee who vacated the position.

32.  AUDITOR

a)  An Honorary Auditor shall be appointed by the general membership for a defined period of two years, to audit the accounts of the Association and provide financial advice when required.

b)  The audited financial statements shall be submitted to the general membership at the AGM

33.  EDITOR

a)   The executive committee shall appoint the Editor.

b)   The term of the Editor shall expire with the expiry of the term of the executive committee

34.  DISSOLUTION

(a) The Association shall be dissolved if the Association so resolves by special resolution

(b) The Associatiomay be dissolved by a resolution passed by a majority of at least three- quarters (75%) of the eligible members of the association by voting at a general meeting specially convened for the purpose.

(c)  The persons proposing and seconding dissolution, shall notify the secretary in writing.

(d) The secretary shall notify the members within 7 days of receipt of the motion notifying the date, time and venue of the meeting to decide the motion.

(e) Such meeting shall be held within three (3) months of the receipt of notice

(f)  Upon Association resolving to dissolve in accordance with Clause 34 (a), the assets of the Association shall be disposed of subject to any trust affecting the asset or any of them in accordance with the special resolution

35.  OPERATION

These Rules shall come into operation immediately following their adoption by a general meeting of the Association held for the purpose.

36.  CUSTODY OF RECORDS

Except as otherwise provided in this Rule the Secretary shall keep in his/her custody or under his/her control all books, documents and securities of the Association.

37.  COMMON SEAL

The Secretary shall be the custodian of the Common Seal of the Association.

38.  COMMUNICATION

Communication shall take place as outlined by the duly authorised communications policy. The official communication within the association and the Executive Committee shall be in

writing or of a permanent type, which is current to the period.

Official communication between Executive Committee and membership shall be through email, or other permanent form of communication, sent from the official address of the executive committee by the Secretary, the President or the Treasurer. General information, event updates or communication meant for the wider community shall be published on the website, in line with the communications policy.

39.  TRANSITION PERIOD

At the end of the election of the new committee, there shall be a two-week period, called the transition period, to ensure effective taking over of duties, responsibilities and assets by the new Executive Committee. During this transition period the members of the outgoing Executive Committee shall conduct a methodical handover, which shall include, but not be limited by, the following:

a)  conduct the closing of the AGM on the election day, including arrangements for proper handover of venue

b)  Handover official files and documentation, including hard or soft copies of all relevandocumentation

c)   Handover official credentials, accounts (including email and other online accounts), access to online resources of the association

d)  Handover an asset register and/or assets that belong to the association to the newlelected Executive Committee

e)  Provide a schedule of immediate plans at least for one month following the election

The presidents (newly elected and outgoing) shall be jointly and equally responsible for the handover process.

APPENDIX A

STANDING ORDERS FOR ALL MEETINGS OF THE ASSOCIATION

1)  ORDER OF BUSINESS

The order of business shall be a Apologies

b Confirmation of Minutes of previous meeting

c)  Business arising out of Minutes (to be limited to matters directly arising thereof and not to include matters which will be dealt with in reports, notices on Motions, and general business)

d Membership (Committee only)

e Secretarys report

f)   Annual

     Reports

     Secretary

     Treasurer

     Branches

g)   Finance, including report of Finance Sub-Committee h Reports of other Special Committees

i)    Election of Office Bearers

j)    Notices on Motion

k)   Personnel of Special Committees

l)    General Business

2)  RULES OF DEBATE

(a) All business shall proceed by way of Motions.

(b) Motions shall be dealt with in the order they appear in the agenda convening the meeting.

(c) When a substantive Motion is under debate at any meeting no further Motion shall breceived except the following:

i.  The Motion be amended

ii.  That the meeting do proceed with the next business iii.  That consideration of the question be postponed

iv.  The chairperson decides to continue with the next item in the agenda

v.  That the question be referred for consideration and report

(d) An amendment shall be debatable as an original Motion.

(e) Every amendment shall be relevant to the Motion to which it is moved.

(f)  Every amendment shall be read before being moved, as if such proposed amendment were an original Motion.

(g) Upon adoption or any amendment to a Motion such Motion as amended shall become a substantive Motion and for all purposes of subsequent discussion shall be treated as an original Motion.

(h) No discussion shall be allowed upon a Motion for the adjournment of a debate, except that a member may, with permission of the Chair, point out that undue delay in finalising the matter under discussion may be caused by the proposed adjournment.

(i On resuming  an adjourned  debate  the member  who moveits adjournment  shall be entitled to speak first.

(j)   A Motion that the consideration of the question be now put shall not be decided in the affirmative or take effect without the consent of a majority of the members present.

(k)  Whenever it is decided by the meeting that the question under consideration shall be put, the mover of the question under consideration shall if debate has ensued be permitted to speak in reply and then the question shall be put.

(l)   Any member moving a Motion or amendment, or taking part in the discussion thereon shall rise and address the Chairperson and shall not be interrupted unless a point of order, when he shall resume his seat until the member raising the point of under has been heard thereon and the question of order or Motion has been disposed of when the member previously in possessioof the floor may proceed, unless be so doing he infringes a standing order.

(m) A member desirous of proposing a Motion or amendment shall state the nature of the same before he addresses the meeting thereon.

(n) No Motion or amendment shall be discussed or put to the vote of the meeting unless it is seconded.

(o) Not more that two members shall speak in succession either for or against any question, and if at the conclusion of the second speaker’s remarks no member rises to speak on the other side, this Motion or amendment shall be at once put, provided that the mover of an original Motion (but not of an amendment or an amended Motion) shall have the right of reply.

(p) If two or more members rise to speak at the same time, the Chairperson shall decide who is entitled to priority, provided that priority is given to:

i.      A question – which shall be asked and answered concisely and shall be relevant to the matter under discussion.

ii.    A formal Motion

(q) A speaker wishing to oppose the views of the speaker just concluded

(r)  Also a m