How To Write A Constitution Of An Association

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1 Sri Lanka Engineering Professionals Association (SLEPA) Constitution for the Sri Lanka Engineering Professionals Association - 20 Jan 2014

2 1) Name of the Association This Associationshall be called the Sri Lanka Engineering Professionals Association hereafter this will be called as Association in this statute. 2) STATUS AND HEADQUARTERS a) This Association shall be a body corporate with perpetual succession capable of entering into contractual and other relations and of suing and being sued in its own name and shall be an organisation not for gain. b) The headquarters of the Association shall be situated within the Democratic Socialist Republic of Sri Lanka. 3) Objectives a) To recruit as Association members and to protect the labour law rights of all members employed in the Professional Services in all Industries who support the aims and objectives of the Association. b) To improve the conditions of service and protect the interests of its members, individually and collectively, in relation to their employers and generally to raise their employment status. c) To regulate the relations between Association members and their employers and to assist Association members in all workplace matters that may arise between them and their employers. d) To encourage sound industrial relations with employers, and/or their organizations, with the intention of regulating conflict (s) as peacefully and constructively as possible by endeavoring to settle disputes by whatever means possible. e) To encourage links with other Associations, joint committees of other Associations, organizations, industries, authorities or bodies in similar fields, in order to interact with them for the purpose of creating and expanding a broad 2

3 base of mutual unity, support, strength, and sharing of knowledge and experience in the best interests of its members. f) To establish and administer funds for the benefit of its members and/or their dependants. g) To promote social interaction between its members. h) To watch over all legislative measures which may affect, or tend to affect, the interests of its members; but it shall not belong to or support any political party. i) To obtain and disseminate amongst its members interesting and useful information; including information on labour law issues. j) To raise, maintain and administer a common fund(s) to be applied and used in carrying out the objects herein stated. k) To provide for the acquisition and control of property and for the investment or borrowing or lending of money on mortgage, or otherwise. l) To do such lawful things as may appear to be in the interests of the Association or its members and which are not inconsistent with the objects or any matter specifically provided for in this constitution. 4) Membership and obtaining the membership a) All Professional Engineers, having one of the following qualifications, lawfully working in Sri Lanka are eligible for membership. BSc.Eng degree Associate Member, Member or Fellow Member of IESL or equivalent BSc in Computer Engineering or Software Engineering b) Eligible persons may apply to join the Association by completing the necessary documentation and forwarding such documentation to the Association. Such applications, once received, shall be considered and, if such credentials are found to be suitable, membership shall be approved by the Executive Committee. Membership commences on receipt of the first month s Association Membership fee. 3

4 c) A member, in the opinion of the Executive Committee, who conducts himself in a manner which is detrimental to the interests of the Association and/or its members, may be suspended, or be expelled from the Association. d) The Executive Committee of the Association shall be entitled to terminate the membership of any Association member. e) Notwithstanding the provisions of sub-clauses a) and b),in section 4 the Executive Committee, in its/ his discretion, may admit as honorary members any persons who, in the opinion of the Executive Committee, are in sympathy with and / or are useful to the Association. f) Unless otherwise directed by the Executive Committee, such honorary members shall be allowed to be present at all meetings, but shall not be allowed to vote on or move resolutions. They may, however, be allowed to address any meeting(s) and make suggestions. g) The Executive Committee, in its or his discretion, may accept any member of the Association who has been in good standing for a period of fifteen (15) years or more, as a fully paid-up member, on such terms and conditions as they/he, from time to time, may determine. Such members shall not be taken into consideration when considering the representativeness of the Association unless directed otherwise by the General Secretary. h) The Executive Committee, in it/his discretion may, for significant services rendered, elect any member of the Association as a life member and such member shall be subject to the same conditions, which are applicable to honorary members. i) A member may resign from membership of the Association by giving notice, in writing, to the Association. Such notice shall be effective only on receipt of a written notice of cancellation of membership by the member, or communication of such cancellation by the Association in whatever manner the Association so elects. No refund of Membership fees will be payable on resignation of Association membership. 4

5 j) Membership and all present, past and future benefits of membership, at the sole discretion of the Association, will be suspended or cancelled on the non payment of Membership fees by a member for three (3) consecutive years. 5) MEMBERSHIP FEES AND LEVIES a) The registration fee and annual Membership fees shall be such amount as shall be determined by the Executive Committee from time to time, but shall not exceed the sum of Rupees one thousand (Rs. 1000/-) and Rupees one thousand two hundred (Rs. 1,200/-) per annum respectively, provided that twenty-one (21) days notice of any proposed increase in maximum annual Membership fees shall first have been given by the Association in the official publication or on the website. b) A member shall cease to be a member in good standing if he is in arrears with Membership fees. Unless otherwise directed by the executive committee, members not in good standing will not be invited to participate in the structures of the Association, will not be advised on Association meetings, may not vote, be elected to office, hold office or be entitled to any benefits of the Association. c) The Association shall have discretionary powers to deal with members in default with their Membership fees. d) Membership fees are payable annually in advanced and shall become due and payable on the 1st day of each year. Payments made on or after the 1st July of the year, will be allocated as Membership fees to the following year. e) The Executive Committee may, not more than once each year, with a view to securing funds for a specified purpose, impose a levy not exceeding an amount equal to one year's Membership fees on each member, provided that one (1) month s notice of the proposed levy has been given in the official Association publication or on the Association website. 6) FINANCE AND BUDGET 5 f) The funds of the Association shall be applied to the payment of its expenses; the acquisition of property and towards the attainment of the objects specified in this constitution and such other lawful purposes as may be decided upon by the Executive Committee. g) Payment of a single amount in excess of Rs , which have not been included in the Association's annual budget, shall require the prior approval of the Executive Committee or General Secretary.

6 h) Funds required for a petty cash account, which shall be kept in such form as the Executive Committee may determine, shall be provided by the drawing of cheques. i) Unless the Executive Committee approves, cheques amounting in the aggregate to more than 10% of the previous year s actual Membership fees income shall not be drawn during any one month in respect of petty expenses. j) The Association s financial year shall end on 31st March of each year. 7) LEGAL ASSISTANCE After due consideration and on application by a member in good standing, the Executive Committee, in their sole discretion, may raise or defend, or assist or concur in raising or defending, any labour law action to protect the professional interests and workplace rights of a Association member/s and pay in full or contribute towards the expenses of any such legal action or for such protection. 8) Penalty a) Executive council reserves the right of imposing apenalty to those who don t pay the membership fee on time. b) The non-payment of membership fee within the stipulated period may result to cease the membership automatically. 9) Membership List The General Secretary of the association is responsible of maintaining and updating the membership registry and shall be considered as final. 10) Inspection of documents Any member shall inspect any formal document of the association by making the request 14 days prior. 11) Executive Council 6

7 The executive council is responsible for identifying, deciding and managing the activities of the association in order to fulfill its objectives. Executive Council is the sole representative of the membership of the association. Composition of the executive council is as follows. President 01 Position Vice President 02 Positions General Secretary 01 Position Treasurer 01 Position Committee Member 10 Positions All the positions shall be elected from the simple majority of the members except for the inaugural session. In order to contest for the post of President, he/she shall serve in executive council one full term. 12) Regional Chapters A group of 50 members or more can form a regional chapter with the approval of executive council in order to discuss and bring up matters concern to their regions. These chapters should confine to a administrative district or a province. 13) Responsibilities a) President The President is empowered to be executed the following activities i. Chairing the Executive Council Meetings. ii. Steering the meetings as per the constitution. iii. Casting a decision making vote if necessary. 7

8 iv. Placing the signature together with the General Secretary on behalf of the Association for all legal documents. v. To entrust powers vested on him to one of the vice presidents whenever necessary upon the approval granted by the Executive Council. vi. Any other authority granted by the Executive Council. b) Vice President Assisting to the President by bearing the responsibilities dedicated by the President. c) General Secretary The General Secretary is empowered to be executed the following actions i. Managing the operational activities of the association. ii. Maintaining the membership registry. iii. Leas with regional chapters iv. Convening the meetings and preparing the minutes v. Corresponding with external organizations. vi. Placing the signature together with the President on behalf of the Association for all legal documents. vii. To entrust powers vested on him to one of the Executive council member whenever necessary upon the approval granted by the Executive Council. d) Treasurer The Treasurer is empowered to be executed the following actions 8

9 i. Assuring sustainable financial growth ii. Maintaining financial records of the association iii. Preparation of annual budget and monitor income and expenditure against the budget. iv. Financial reporting to the executive council and general membership at the AGM. v. Arranging annual financial audits and get audited financial report approved from the executive council. vi. Accepting special funds/grants on behalf of association vii. Placing the signature for all financial documents together with President or General Secretary. viii. Managing petty cash 14) Financial Management (I) All the funds shall be deposited in a Bank or Banks decided by the Executive council. Treasurer shall manage the funds for the best interest of the association subjected to the approval of the Executive council. (II) As official fund manager of the Association, signature of Treasurer is compulsory together with President or General Secretary for transactions. (III)Rs. 25,000/- is used for petty cash initially and shall be changed by the executive council as appropriate annually. (IV) The money belonged to the association should not be spent for any other activity other than the activities related to achieving objectives mentioned under the section 3 of this constitution. 15) Meetings 9

10 (I) Meetings of the executive committee should be conducted whenever necessary or at least once a month with 07 days advances notice. (II) Association shall have Annual General Meeting each year between 1 st April and 30 th June. The notice has to be made 14 days prior to the date of AGM by the General Secretary. 16) Special Meetings a. The president in his own discretion shall convene a special meeting of Executive Council at any time. b. The General Secretary should convene a meeting of the executive committee within 14 days after receiving a request form members of executive council not less than 2/3 of the total members. c. The general Secretary should convene a special general meeting within 14 days of receiving a request from members not less than 100. d. The meetings that are convened under the a., b. or c. of this section should be confined to the matters mentioned in the relevant letter forwarded for this purpose and no other matters shall be discussed. 17) Quorum a. The quorum for executive council meeting is 1/3 of total members. b. The quorum for General Meeting is 50 members. 18) Vote A confidential vote (Secret voting) should be conducted if requested by the majority members presented for any meeting. The vote should be casted by raising the hand in all the other occasions. 10

11 19) Trustee The trustees shall be the President, General Secretary and treasurer. 20) Administration of the Staff The paid administration staff shall be appointed to manage the activities of the association headed by the Chief Executive Officer.He/She will be reporting to the Executive Council of the Association. 21) Branch Unions Regional chapters of the association shall be established with the approval of the executive council when necessary. 22) Removal from the office Any officer of the association shall remove from the office by a proposal seconded by a 2/3 majority of the executive council. 23) Affiliation This Association shall have affiliation with organizations in order to fulfill the objects of the association or to better serve its membership. The two third majority of the Executive Council is required for such affiliation. 24) Interpretation of Rules In case a dispute should arise as to the correct interpretation of the rules or as to Union matters not covered by these rules, the Executive Committee or General Secretary shall determine the dispute. 25) Amendment to the constitution The amendments, revisions or adding new sections to this constitution could be done by two third majority of the members presented in Annual General Meeting. 11

12 26) Winding up This association shall be wind up by a proposal with two third (2/3) majority of the total number of members attended to Special General Meeting... (President)... (Secretary) Date : 12