- NAME OF THE INCORPORATION
- OBJECTS OR PURPOSES OF THE ASSOCIATION
- To establish a prayer centre,”TEMPLE” where the members and community can pray Lord “Shirdi Saibaba”
- Cultural development of the children of the community.
- To do charity.
- Community Development.
- Social Activities
- Counselling Service
- POWERS OF THE ASSOCIATION
“Shirdi Saibaba Community And Cultural Organisation Of South Australia”
“Committee” means the committee of management of the organization.
“General meeting” means a general meeting of Committee members of the organization convened in accordance with these rules
“Member” means a member of the Organisation
“The Act” means the Associations Incorporation Act 1985 “Special resolution” means a special resolution defined in the Act “Month” shall mean a calendar month.
The objects of the association are
The powers of the association are subject to the Act and these rules.
The association shall have all the powers conferred by section 25 of the Act.
5.1 TYPES OF MEMBERSHIPS.
The association will have two types of memberships
The first set of committee members will be the promoters of the organization, and selected by the promoters. Further additions of committee members is possible IF any person who, supports the objects of the association and agrees to be bound by its rules and is an active worker in the day to day running of the association, shall be proposed by one committee member and seconded by another committee member, and then be voted by a clear 3/4th majority within the committee members.
Any person who, supports the objects of the association and agrees to be bound by its rules can become an ordinary member by filling up an application form.
There are no subscription fees for any types of members
An ordinary member can submit his resignation in writing at any time and resign from his membership.
A committee member will be liable to give a minimum of 4 weeks notice to resign and within that period a new replacement will be appointed as per the rules of mentioned in clause 5.1.
5.4 EXPULSION OF A MEMBER
Subject to giving a member an opportunity to be heard or to make a written submission, the committee may resolve to expel a member upon a charge of misconduct detrimental to the interests of the association. Particulars of the charge shall be communicated to the member at least one month before the meeting of the committee at which the matter will
be determined. The determination of the committee shall be communicated to the member, and in the event of an adverse determination the member shall, cease to be a member 7 days after the committee has communicated its determination to the member.
The member would not have the opportunity to appeal against the decision of the committee.
5.5 REGISTER OF MEMBERS
A register of Both types of members will be maintained by the association, which will have The Name, Address, and the Date they joined the association and if applicable the date they left or resigned from the association.
6.1 POWERS AND DUTIES
- The affairs of the association shall be managed and controlled by a committee which in addition to any powers and authorities conferred by these rules may exercise all such powers and do all such things as are within the objects of the association, and are not by the Act or by these rules required to be done by the association in general meeting.
- The committee has the management and control of the funds and other property of the association
- The committee shall have authority to interpret the meaning of these rules and any other matter relating to the affairs of the association on which these rules are silent.
- The committee shall appoint a public officer as required by the Act.
- The committee shall be comprised of a President, secretary, treasurer and 19 committee members.
- A committee member shall be a natural person.
- The first committee of the association shall be appointed from the promoters of the association, or be comprised of such persons as hold office prior to incorporation. The first committee shall hold office until the first annual general meeting after incorporation.
- At every AGM the committee will dissolve and a new committee will be elected by virtue of voting by the committee members.
- Notice of all persons seeking election to the committee shall be given to all members of the association with the notice calling the meeting at which the election is to take place.
- The committee may appoint a person to fill a casual vacancy, and such a committee member shall hold office until the next annual general meeting of the association and shall be eligible for election to the committee without nomination.
6.3 PROCEEDINGS OF COMMITTEE
- The committee shall meet together for the dispatch of business once every month. A date and day will be decided by the President and communicated two week in advance.
- Questions arising at any meeting of the committee shall be decided by a majority of votes, and in the event of equality of votes the chairperson shall have a casting vote in addition to a deliberative vote.
- A quorum for a meeting of the committee shall be one half of the members of the committee.
- A member of the committee having a direct or indirect pecuniary interest in a contract or proposed contract, with the association must disclose the nature and extent of that interest to the committee as required by the Act, and shall not vote with respect to that contract or proposed contract. The member of the committee must disclose the nature and extent of his or her interest in the contract at the next annual general meeting
of the association.
6.4 DISQUALIFICATION OF COMMITTEE MEMBERS
The office of a committee member shall become vacant if a committee member is:
- Disqualified from being a committee member by the Act;
- Expelled as a member under these rules;
- Permanently incapacitated by ill health;
- Absent without apology from more than three meetings in a financial year;
- No longer the duly appointed representative of a corporate member.
The association shall have a common seal upon which its corporate name shall appear in legible characters.
The seal shall not be used without the express authorisation of the committee, and every use of the seal shall be recorded in the minute book of the Association. The affixing of the seal shall be witnessed by the President or Secretary or the Public Officer.
8.1 ANNUAL GENERAL MEETINGS
- The committee shall call an annual general meeting in accordance with the Act and these rules.
- The first annual general meeting shall be held within 18 months after the incorporation of the association, and thereafter within five months after the end of its financial year.
- The order of the business at the meeting shall be:
a. The confirmation of the minutes of the previous annual general meeting and of any special general meeting held since that meeting
b. The consideration of the accounts and reports of the committee and the auditor’s report (if auditor’s report is required)
c. The election of committee members
d. The appointment of auditors (if required – see rule 11.5)
e. Any other business requiring consideration by the association in general meeting.
8.2 SPECIAL GENERAL
- The committee may call a special general meeting of the association at any time.
- Upon a requisition in writing of not less than 5 members, the committee shall within one month of the receipt of the requisition, convene a special general meeting for the purpose specified in the requisition.
- Every requisition for a special general meeting shall be signed by the relevant members and shall state the purpose of the meeting.
- If a special general meeting is not convened within one month, as required by 8.2b above, the requisitionists, or at least 50% of their number, may convene a special general meeting. Such a meeting shall be convened in the same manner as nearly as practical as a meeting convened by the committee, and for this purpose the committee shall ensure that the requisitionists are supplied free of charge with particulars of the members entitled to receive a notice of meeting. The reasonable expenses of convening and conducting such a meeting shall be borne by the association.
8.3 NOTICE OF GENERAL MEETINGS
- Subject to 8.3b, at least 14 days notice of any general meeting shall be given to members.The notice shall set out where and when the meeting will be held, and particulars of the nature and order of the business to be transacted at the meeting.
- Notice of a meeting at which a special resolution is to be proposed shall be given at least 21 days prior to the date of the meeting.
- A notice may be given by the association to any member by serving the member with the notice personally, or by sending it by post to the address appearing in the register of members. (See rule 5.5.)
d.Where a notice is sent by post:
i) The service is effected by properly addressing, prepaying and posting a letter or packet containing the notice; and
ii) unless the contrary is proved, service will be taken to have been effected at the time at which the letter or packet would be delivered in the ordinary course of post.
8.4 PROCEEDINGS AT GENERAL MEETINGS
a. Ten members, present personally or by proxy shall constitute a quorum for the transaction of business at any general meeting.
b. If within 30 minutes after the time appointed for the meeting a quorum of members is not present, a meeting convened upon the requisition of
members shall lapse. In any other case, the members present shall form a quorum.
c. Subject to 8.4d, the chairperson shall preside as chairperson at a general meeting of the association.
d. If the chairperson is not present within five minutes after the time appointed for holding the meeting, or he or she is present but declines to take or retires from the chair, the members may choose a committee member or one of their own number to be the chairperson of that meeting.
8.5 VOTING AT GENERAL MEETINGS
a. Subject to these rules, every committee member of the association has only one vote at a meeting of the association.
b. Subject to these rules, a question for decision at a general meeting, other than a special resolution, must be determined by a majority of members who vote in person or, where proxies are allowed, by proxy, at that meeting.
c. Unless a poll is demanded by at least five members, a question for decision at a general meeting must be determined by a show of hands.
8.6 POLL AT GENERAL MEETINGS
a. If a poll is demanded by at least five members, it must be conducted in a manner specified by the person presiding and the result of the poll is the resolution of the meeting on that question.
b. A poll demanded for the election of a person presiding or on a question of adjournment must be taken immidiatly, but any other poll may be conducted at any time before the close of the meeting
8.7 SPECIAL AND ORDINARY RESOLUTIONS
a. A special resolution is a special resolution as defined in the act.
b. An ordinary resolution is a resolution passed by a simple majority at a general meeting.
A member shall be entitled to appoint in writing a natural person , who is also a member of the association to be their proxy, and attend and vote at any general meeting of the association.
a.Proper minutes of all proceedings of general meetings of the association and of meetings of the committee, shall be entered within one month after the relevant meeting in minute books kept for the purpose.
b.The minutes kept pursuant to this rule must be confirmed by the members of the committee at a subsequent meeting.
c.The minutes kept pursuant to this rule shall be signed by the chairperson of the meeting at which the proceedings took place or by the chairperson of the next succeeding meeting at which the minutes are confirmed.
d.Where minutes are entered and signed they shall, until the contrary is proved, be evidence that the meeting was convened and duly held, that all proceedings held at the meeting shall be deemed to have been duly held, and that all appointments made at a meeting shall be deemed to be valid.
a. The dispute resolution procedure set out in this rule applies to disputes under these Rules between –
(i). a member and another member
(ii). a member and the association
b. The parties to the dispute must meet and discuss the matter in dispute, and, if possible resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.
c. If the parties are unable to resolve the dispute at the meeting the parties may choose to meet and discuss the dispute before an independent third person agreed to by the parties.
d. In this rule “member” includes any person who was a member not more than six months before the dispute occurred.
Section 40 of the Act provides that where the committee exercises any power of adjudication in relation to a dispute between the members, or a dispute between itself and members of the association, the rules of natural justice must be observed
Section 61 of the Act provides that an application to the Court for an order under the section may be made by a member of an incorporated association or by a former member expelled from the association (provided that the application is made within six months of the expulsion), who believes that the affairs of the association are being conducted in a manner that is oppressive or unreasonable.
11.1 FINANCIAL YEAR
The first financial year of the association shall be the period ending on the next 30 June following incorporation, and thereafter a period of 12 months commencing on 1 July and ending on 30 June of each year.
11.2 ACCOUNTS TO BE KEPT
The association shall keep and retain such accounting records as are necessary to correctly record and explain the financial transactions and financial position of the association in accordance with the Act.
11.3 ACCOUNTS AND REPORTS TO BE LAID BEFORE MEMBERS
The accounts, together with the auditor’s report on the accounts, the committee’s statement and the committee’s report, shall be laid before members at the annual general meeting.
11.4 ANNUAL RETURN
The annual (periodic) return shall be lodged with the Office of Consumer and Business Affairs within six months after the end of each financial year. It must be accompanied by a copy of the accounts, the auditor’s report, the committee’s statement, and the committee’s report.
11.5APPOINTMENT OF AUDITOR
a. At each annual general meeting, the members shall appoint a person to be auditor of the association.
b. The auditor shall hold office until the next annual general meeting and is eligible for re-appointment.
c. If an appointment is not made at an annual general meeting, the committee shall appoint an auditor for the current financial year.
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 or indirectly to members or their associates except as bona fide remuneration of a member for services rendered or expenses incurred on behalf of the association.
The association may be wound up in the manner provided for in the Act.
If after the winding up of the association there remains “surplus assets” as defined in the Act, such surplus assets shall be distributed to any organisation which has similar objects and has rules which prohibit the distribution of its assets and income to its members.
Such organisation or organisations shall be identified and determined by a resolution of members in general meeting.
These rules may be altered (including an alteration to the association’s name) by special resolution of the members of the association.This includes recision or replacement by substitute rules.
The alteration shall be registered with the Office of Consumer and Business Affairs, Corporate Affairs and Compliance Branch, as required by the Act.
The registered rules shall bind the association and every member to the same extent as if they have respectively signed and sealed them, and agreed to be bound by all of the provisions thereof.