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ANNEXUREA
NEPAL AUSTRALIA FRIENDSHIP ASSOCIATION ( SA) INC.
CONSTITUTION
1. PREAMBLE
The aim of the Association shall be to promote friendship, understanding and goodwill between the people of and . This aim will be non-political and non-commercial.
2. NAME
The name of the organisation shall be the Nepal-Australia Friendship Association (
South Australia ) Inc. hereinafter referred to as "the Association".
3. OBJECTIVES
The objectives of the Association shall be to:-
3.1 Support Nepalis in
South Australia ; including the provision of opportunities for social interaction between members, their families and friends,
3.2 Celebrate 's rich culture.
3.3 Promote understanding and goodwill between the people of
and .
3.4 Organise and carry out projects or activities that meet the
expressed needs of recipient Nepalese people within
including the initiation of small-scale development and relief
projects in accordance with the rules set down in article16.
3.5 Provide a source of information on current issues in .
4. MEMBERSHIP
4.1 Membership of the Association shall be open to any person, irrespective of race, political or religious affiliation who agrees with the objectives of the Association.
4.2 All applications for membership shall be in writing and submitted to the Management Committee for ratification.
4.3 The Annual Membership fee, as set down by the Annual General Meeting, shall fall due in July each year.
4.4 Any member who is not financial within three months of the end of the financial year of the Association shall be deemed not a member for the purpose of Article Nos. 7,8,9 an 10.
5.1 If a member is deemed to be not acting in the best interests of the Association his/her membership may be suspended by not less than a two-thirds majority vote at a Management Committee Meeting or General Meeting.
5.2 In the event of a decision which results in suspension, the suspended member may request that the decision be reconsidered at a Special General Meeting. This meeting must be held within two months of receiving such a request.
5.3 The Association shall not be required to accept the renewal of membership of a suspended member when renewal next falls due.
6. FINANCES.
6.1 The financial year of the Association shall commence on the first day of July and close on the thirtieth day of June each year.
6.2 All monies which are the property of the Association shall be deposited with financial institutions as determined by the Committee at a duly constituted Committee meeting.
6.2.1 All monies collected by fundraising for a specific project shall be identified separately in the Association accounts, and be used exclusively for that purpose.
6.3 Cheques drawn on any account so operated shall require the signature of the Treasurer or the President and any one of up to four (4) signatories appointed by the Management Committee.
6.4 The income and capital of the Association shall be applied exclusively to the promotion of its objects and no portion shall be paid or distributed directly and indirectly to members or their associates except as a bona fide remuneration of a member for services rendered or expenses incurred on behalf of the Association.
7. ANNUAL GENERAL MEETING
7.1 The Annual General Meeting of the Association shall be held each year as soon as practicable after, but within five months of, the end of the financial year of the Association, and shall require a quorum of fifteen (15) members, or thirty percent of the financial members when the total membership is less than fifty (50) persons.
7.2 The Secretary of the Association shall post to or otherwise advise each financial member not less than twenty one (21) days and not more than forty (40) days prior to the date, details of the date, time, place and the agenda for the said Annual General Meeting. This will include a form of nomination for office-bearers and committee members.
7.3 Every financial member of the Association shall be entitled to attend the Annual General Meeting, vote on the election of the Management Committee, vote on the business transacted at the meeting, and submit a motion for decision by the Meeting in accordance with this constitution.
7.4 The Annual General Meeting will:-
7.4.1 Receive and adopt the minutes of the previous Annual General Meeting, and the Annual Reports of the Management Committee, and the audited financial statement of the Management Committee.
7.4.2 Elect a Management Committee for the ensuing twelve months. Nominations need be in possession of the Secretary prior to the commencement of the meeting. In the event that insufficient written nominations are received, nominations may be accepted from the floor.
7.4.3 Notify Association members of the name of the Public Officer
7.4.4 Transact such other business and make decisions as the Meeting may decide included on the notice calling the meeting.
8. GENERAL MEETINGS
8.1 The Management Committee may call a General Meeting as required, giving not more than forty (40) days and not less than twenty-one (21) days notice to all members.
8.2 The President will chair Management Committee and General Meetings. In the absence of the President, the vice-President will chair meetings. If both the President and the vice-President are absent, the Committee shall elect one of its members to take the chair.
9. SPECIAL GENERAL MEETINGS
9.1.1 If the Management Committee deems a Special General meeting to be necessary, or
9.1.2 Within thirty days of the receipt of a request for a Special General meeting signed by not less than fifteen (15) members or by thirty percent (30%) of the membership if the membership is less than fifty (50).
9.2 The Secretary shall, not more than forty (40) days and not less than twenty-one) days prior to the holding of a Special General Meeting, post to or otherwise advise every member of the Association a notice setting out the date, time and place, and agenda of the said meeting.
9.3 A Special General Meeting shall require a quorum as for an Annual General Meeting, and shall have the power to transact only such business (including an amendment to the Constitution) as is set out in the notified agenda.
9.4 In the event of a Special General Meeting passing a vote of no confidence in the Management Committee, the meeting shall be adjourned to a date not more than thirty (30) days thereafter for the purpose of holding elections for the new Management Committee in the manner prescribed by the Constitution in para. 7.4.2.
9.4.1 The Special General Meeting shall appoint an interim executive to organise the election.
10. VOTING
10.1 Voting shall be by show of hands, except that:
10.1.1 Any contested election shall be by secret ballot.
10.1.2 The Meeting may, by show of hands, require a vote to be by secret ballot.
10.1.3 The Chairperson shall have a casting vote.
11. CONSTITUTION AMENDMENT.
11.1 This Constitution shall only be amended at an Annual General Meeting of this Association, or at a Special General Meeting called for that purpose at least thirty (30) days prior to which written notice of such proposed amendments has been forwarded by the Secretary to all members in accordance with para 9.2.
11.2 A majority of three-quarters of those present and voting shall be required to pass an amendment to the Constitution.
12. MANAGEMENT COMMITTEE
12.1 The Management Committee of the Association shall be elected at the Annual General Meeting for a period of twelve months.
12.2 The Management Committee shall consist of 4 office bearers, a President, Vice-President, Secretary, Treasurer, and up to 5 general members.
12.3 A person must have been a member of the Association for at least one year to become eligible for election to the position of President.
12.4 No office bearer shall hold the same office for more than 3 consecutive years unless his/her further re-election to the position is not contested.
12.5 Any financial member of the Association may nominate himself/herself, or any other member of the Association (with the consent of the concerned member), for office on the Management Committee. All such nominations should be in the hands of the Secretary before the Annual General meeting. In the event that insufficient nominations be received, nominations may be accepted at the meeting.
12.6 Members of the Management Committee who absent themselves from three consecutive meetings without explanation acceptable to the Committee shall thereupon no longer be Committee members.
12.7 In the event of a member ceasing to be a member of the Management Committee, the Committee may appoint another member to take the vacancy for the rest of the term.
12.8 A quorum at Management Committee meetings shall be 50% of the members including two office bearers.
12.9 The Management Committee shall:
12.9.1 Carry out all decisions of the Annual and Special General Meetings of the Association.
12.9.3 Keep proper accounts of all monies received and expended on behalf of the Association.
12.9.4 Approve all expenditure made on behalf of the Association.
12.9.5 Appoint an auditor and obtain an audit of its accounts each year.
12.9.6 Carry out other such activities consistent with the objectives of the Association as it shall from time to time determine.
12.9.7 Meet at least four times per calendar year and as required, to conduct the affairs of the Association.
12.9.8 The Management Committee will have the power to enact bye laws for the proper administration of the Association. All bye laws will be advised to members as soon as practicable after their enactment.
13. DUTIES OF OFFICE BEARERS.
13.1 The President shall:-
13.1.1 Act as the spokesperson for the Association, unless an alternative spokesperson has been appointed,
13.1.2 Together with the Secretary compile and distribute an agenda for each meeting
assist the President and assume the duties of the President in the President's absence.
13.3.1 Together with the President prepare and circulate an agenda for all meetings
13.3.2 Keep a correct record of all meetings to be ratified at the following meeting.
13.3.3 Attend to and keep a record of all correspondence to and from the Association.
13.3.4 Issue notices of Management Committee and General meetings of the Association.
13.3.5 Keep and maintain a register of members.
13.3.6 Perform such other duties as requested by the Management Committee.
13.4. The Treasurer shall:
13.4.1 Receive and distribute to the Management Committee applications for membership.
13.4.2 Receive all moneys payable to the Association and issue receipts for the same. All such moneys received shall be paid into the bank account of the Association.
13.4.3 Keep proper records of all moneys received and disbursed.
13.4.4 Present a balance of the finances of the Association at Management Committee Meetings and at the Annual General Meeting, and
13.4.5 Perform other appropriate duties as directed by the Management Committee from time to time.
14. PUBLIC OFFICER
14.1 The Management Committee will ensure that at all times the Association has a Public Officer as required by Section 56 of the Associations Act. The Committee shall appoint the Public Officer who shall hold office until another person is appointed to the position by the Committee.
15. POWERS
The powers of the Association shall be the powers contained in the Associations Incorporation Act, and without limiting those powers, the Association shall be entitled to open and operate bank accounts and invest in trustee securities.
The Management Committee shall have the management and control of the funds of the Association.
16. NEPAL-AUSTRALIA FRIENDSHIP ASSOC. () OVERSEAS AID FUND
16.1 The Association will set up and run an overseas aid fund known as the ‘NEPAL-AUSTRALIA FRIENDSHIP ASSOCIATION (S.A.) OVERSEAS AID FUND’, hereafter referred to as ‘AID FUND’.
16.2 The objective of the Aid Fund will be to improve the social, mental and economic well being of beneficiaries in through community-based development and relief projects.
16.3 The overall philosophy will be one of self-help, aiming towards a degree of community self development such that outside aid can eventually be dispensed with.
16.4 A project will benefit the whole of a selected community and especially women, children, the poverty-stricken, the disabled, the sick, the uneducated, victims of emergency situations and other vulnerable persons.
16.5. Implementation of projects will be done in a culturally sensitive manner which ensures the optimum participation of all community members.
16.6. When choosing and implementing a project in conjunction with Nepalese partners the Association will:-
16.6.1 Identify particular needs within a community and assess the likely benefits of a long-term sustained aid project.
16.6.2 Develop a project plan, including project costing and availability of materials and human resources.
16.6.3 Appoint a project coordinator for each project to liase with Nepali partner organisations.
16.6.4 Monitor and evaluate projects in cooperation with Nepali partner organizations to ensure that outcomes will deliver benefits in a sustainable way.
16.7 The purpose of the Aid Fund is to solicit and receive gifts to carry out the aims of the Aid Fund.
16.8 An Aid Fund bank account will be established to receive gifts of money or property for the fund’s purposes. No other money may be put in the account.
16.9 All receipts issued for gifts will include (i) the name of the Aid Fund, (ii) the fact that this is a gift and (iii) the ABN of the Association.
16.10 The general public will be invited to make gifts to the Aid Fund.
16.11 The Aid Fund will be administered by a sub-committee of at least three and not more than five members chosen from the Association’s members, including at least two members of the Management Committee.
16.11.1 Members will be appointed by, and responsible to the Management Committee.
16.11.2 The convenor of the sub-committee must be a Management Committee member who will report regularly to the Committee.
16.12 The assets and income of the Aid Fund shall be applied solely in the furtherance of the objectives of the Aid Fund. No portion can be distributed otherwise to any person except as compensation for services or expenses incurred on behalf of the Aid Fund.
16.13 If the Aid Fund is wound up any surplus assets remaining after the payment of any liabilities shall be transferred to another organisation or fund with similar purpose to which income tax deductible gifts can be made.
16.14 The Australian Tax Office must be notified of any alterations made to the public fund requirements contained in this Constitution.
17.1 The Association shall be dissolved if a resolution to this effect is carried at a Special General Meeting called for the purpose in accordance with Article 9 of this Constitution.
17.2 At the time of dissolution, the assets of the Association, being those remaining after all debts incurred have been met and all liabilities paid, shall be transferred to an organisation with similar objectives as determined by a three quarters majority of those members present and voting at the Meeting at which the Association is dissolved.
These amendments to the 1996 constitution were adopted at a Special General Meeting of the Nepal-Australia Friendship Association (SA) Inc. held at Fullarton Scout Hall on May 4th 2008
Signed
Deepak Bista, Public Officer
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