Durham Tamil Association
Durham Tamil Association Constitution.
DTA refers to Durham Tamil Association.
| dtas_2022_constitution.pdf |
| signed_dtas_constituition.pdf |
Upload Date: Thursday, March 31, 2022
|
|
Durham Tamil Association Constitution.
DTA refers to Durham Tamil Association.
1. NAME: The Corporation shall be called Durham Tamil Association here in after
referred to as the Association
2. OBJECTIVE:
(a) This Association will be a non-profit, non-political and non-religious organization.
The Association will remain impartial to all its members and will not take side or engage
at any time in controversies of political, racial or religious nature.
(b) Association shall help members acquire knowledge of the Tamil Language and Tamil
Culture. Association shall promote mutual understanding, friendship, cooperation, and
respect amongst its members.
(c) Association shall build a Seniors Citizen Centre to provide recreation, educational
and cultural activities and other programs for senior citizens.
(d) Association shall build a Youth Activity Centre to provide our community youth a
safe environment for their sports, recreational and educational activities.
(e) Association shall provide help for conduct fund raising activities for the sole purpose
of helping Tamils in needs here and abroad. And to bring positive changes in the lives of
victims of natural disasters, wars and conflicts and channel its efforts towards attenuating
human sufferings without discrimination.
(f) To accept advertising, sponsorship, membership revenue from the public and all
levels of government to finance the activities of the Association.
3. SEAL: The seal for the Association shall be as stamped on the right margin herein.
The Seal stamped below is the Association’s corporate seal.
BY-LAWS
PART1, Formalities
1.1 Head Office
1.1a The head office of the Association shall be in the region of Durham.
1.1b The Executive Committee Members may decide where the head office is to be
located.
PART 11, Membership
2.1 Membership
2.1a Membership is open to former members of DTA not residing in Durham and all
current residents of Durham, who are interested in promoting Tamil Language & Tamil
Culture.
2.1b Non-residents of Durham may join DTA with prior approval of their application by
the DTA Executive committee and by adhering to DTA membership rules.
2.1c Corporate membership is open to all businesses in Canada, this membership has no
voting rights.
2.2 Liability of Members:
Members are not liable or responsible neither for any act, debts or obligations of the
association nor for any claims, death or personal injury, losses in transactions relating to
the Association
2.3 Voting Rights of Members
2.3a A member has a right to vote if he/she meets all of the following requirements.
i) Member in good standing and has paid the annual membership fee.
ii) Has a continuous period of membership of no less than six months, prior to each
Annual General Meeting and,
2.3b Is over eighteen years of age.
2.3c Every member who is eligible to vote has only one vote at every general or annual
meetings of the members.
2.3d Members of non-residents of Durham mentioned under 2.1b and corporate
membership do not have any voting rights.
2.3e Proxy: Voting through Proxy shall be accepted in all General Meetings.
2.4 Membership Fee
2.4a The Executive Committee shall set membership fees.
2.4b The fee includes membership for a family that may constitute two adults and their
children under 18. All children 18 are considered adults with voting rights and pay the
regular annual fee to be member.
2.5 Ceases to be a Member
2.5a i) If a member communicates to the President or Secretary in writing the intention
to cease to be a member.
ii) Resignation is effective on acceptance by the board or fifteen days from the date of
giving such notice.
2.5b Acts in a manner that contradicts the objectives of the Association.
2.5c A person who has resigned his/her membership is still liable for any dues or other
debts he/she owed the while being an Association member
2.5d Member who obtains any criminal record from the Canadian Law while being a
member.
2.5e A member who behaves or acts in a manner that has been proven to tarnish or
damage the reputation of the association. Under this circumstances, the concerned
member can be removed from the association by the executive committee by passing a
motion with 2/3 majority of the total executive members.
PART 111, The Executive Committee Members/Board of Directors.
3.1 Function of the Executive Committee Members
3.1a The Executive Committee Members shall be accountable to the membership of the
Association.
3.1b The Executive Committee Members shall receive policy and programs ideas from
the membership of the Association in order to achieve the goals and objectives of the
Association.
3.1c The Executive Committee Members shall function to carry out the ongoing business
of the Association to engage in decisions making on behalf of the Association where such
decisions are in keeping with the constitution and spirit of the Association: to prepare for
presentation and interpretation to the membership such matters of philosophy, policy or
finances as a require a decision by the general membership.
3.1d The Executive Committee Members shall function to facilitate the planning process
among various committees and sub-committees, which constitute the Association.
3.1e The Executive Committee Members shall appoint an Election and Constitution
committees.
3.1f The Executive Committee Members shall liaise with other community organizations
to achieve socially responsible goals.
3.2 Nomination of Executive Committee Members
3.2a At an Annual General Meeting, the members shall elect the Executive
Committee Members for the period of three years starting from January 1, 2019. The
President shall hold office continuously for a maximum period of three years. But if the
general membership agrees his or her term can be extended in the Annual General
Meeting with the recommendation of the Executive Committee.
3.2b For each Executive Committee position the contestant has to be proposed, seconded
by a good standing member. Consent of the nominee also should be obtained in the
prescribed nomination form and the nomination form must be submitted to the election
committee 48 hours prior to Annual General Meeting.
3.2c Candidates for the Executive Committee Membership will be submitted by the
election Committee
3.2d If there is a lack of contestants for the Executive Committee , the current
Executive Committee shall appoint members in good standing for these positions.
3.2e When there is a tie for any elected position, the contestant will be asked to present
valid reasons and convincing argument for his/her nomination for two minutes for a
second vote. If it is a tie after the second vote the Election committee will decide who the
winner is.
3.3 Who May Be an Executive Committee Member?
3.3a Any member who is eligible to a vote may become an Executive Committee
member.
3.3b Any Executive Committee Member who ceases to be member ceases to be an
Executive Committee Member.
3.3c Contestant has to be a member of the DTA for a year.
3.3d To contest for the post of President, Vice President, Secretary and Treasurer the
contestant has to be an Executive Committee member for one year.
3.4 Executive Committee Meetings
3.4a Notice of Such a meeting shall be communicated to each Executive Committee
Member personally or by telephone, fax, mail or e-mail or hand delivery at least one day
before the proposes meeting or days before the proposes meeting.
3.4b The time and manner of giving notice shall be recorded in the organization’s books.
3.4c If all the Executive Committee Members are present or if those absent consent to the
meeting being held in their absence, the Executive Committee Members may hold a
meeting without having to give formal notice.
3.5 Number of Quorum of Executive Committee Members
3.5a Quorum needed:
The Executive Committee shall transact the business of the association only at meetings
where a quorum of Executive members are present.
3.5b A quorum is a minimum of 2/3rd of elected Executive Committee Members
3.6 Voting of the Executive Committee
3.6a A simple majority of votes cast suffices to pass any motion before the
Executive Committee unless a special method is requested as mentioned under 2.5e.
Voting shall be by show of hands, or, if an Executive Committee asks for a ballot, by
ballot.
3.6 b. If there is no quorum of Executive Committee Members in office, then the
remaining Executive Committee Members must call a general meeting as soon as
possible to fill the vacancies by election. If there are no Executive Committee Members
left in office or the remaining Executive Committee Members fail or refuse to call such a
general meeting, any member may call the general meeting
3.7 Powers of the Executive Committee Members
3.7a The Executive Committee Members may administer and run the Association’s
business in all respects and may enter into contracts on behalf of the Association and do
any other acts authorized by its letter patent or by law.
3.7b The Executive Committee shall form committees from time on an ongoing or time
limited basis to address specific issues of areas of concern. These committees shall each
have an appointed Executive Committee Member representative participating in
their business. These committees shall report to the Executive Committee Members.
3.8 Resolutions
3.8a The Executive Committee shall carry on its business by resolution moved, seconded
and carried by a majority of the votes cast.
3.8b The President shall count the votes on a resolution and declare it carried or defeated.
3.8c The Secretary shall keep an accurate record of the minutes including all resolutions,
although a record of the votes for and against shall not be made, unless requested by an
Executive Committee Member.
3.8d A declaration by the President that a resolution has passed and an entry to that effect
in the minutes shall be admissible in evidence as prima facie proof that the resolution had
passes.
3.9 Remuneration of Executive Committee Members.
Executive Committee Members shall receive no remuneration for being Executive
Committee Member.
3.9.1 Removal of Executive Committee Members from the Executive Committee
3.9.1a The members may revoke any Executive Committee Member by a two-thirds
majority of votes cast at a special or general meeting and may elect by a simple majority
a new Executive Committee Member to replace the Executive Committee Member
removed.
3.9.1b Notice must be given to the members before the special or general meeting of
intention to remove an Executive Committee Member.
3.9.2 Books and Reports:
The Executive Committee Members are responsible for making sure all proper books and
records required by law are kept.
PART IV, Members of Executive
Committee
4.1 Executives
4.1a The Executive Committee shall have maximum of 13 members including 1)
President 2) Vice President 3) Secretary 4) Assistant Secretary 5) Treasurer 6) Assistant
Treasurer 7) Youth Coordinator 8) Programs Coordinator 9) Public Relations and Media
Coordinator 10) Seniors Coordinator and 11) Membership Coordinator.
4.1b . Election of the Executive Committee shall be held in the AGM only for the posts
of President , Vice President , Secretary , Treasurer and other nine Executive Committee
members. Other posts mentioned under 4.1a shall be filled by the Executive Committee .
4.1c .The Executive Committee Members may appoint other executives from among the
sub-committee members from time to time as deemed necessary.
4.1d .The Executive Committee may invite to their meetings chairperson of sub
committees and others as the committee sees fit.
4.1e . A qualified member shall be appointed as an Internal Auditor in the AGM for
a period of three years .
4.2 Duties of President
4.2a The President will be responsible for the effective functioning of the Association and
to uphold the constitution of the Association
4.2b The President and Secretary shall sign all by-laws and membership certificates.
4.2c The Executive Committee
Members may give other duties and powers to the President from time to time.
4.3 Duties of the Secretary
4.3a The Secretary shall keep the Association, Seal and all the records, correspondence,
and other papers of the Association.
4.3b The Secretary shall keep the minutes of all Executive Committee meetings, and
Annual General, Special and Committee meetings and circulate as appropriate.
4.3c The Secretary shall give all notices to be given to the members, Executive
Committee Members, and Officers of the Association.
4.3d The Executive Committee Members may give other duties and powers to the
Secretary from time to time.
4.4 Duties of the Treasurer
4.4a The treasure shall deposit all monies or valuables belonging to the Association in the
bank or banks named by
the Executive Committee Members.
4.4b The treasures shall be responsible for all monies and shall present financial
statement to the Association at the Committee at the annual meetings.
4.4c The Treasurer shall keep all financial books and contracts of the Association.
Members designated by the Executive Committee shall have the authority of signing
cheques. Two of the four signatures will be necessary to validate a cheque expenditure of
the Association fund.
4.4d The Treasurer shall pay out money as directed by the Executive Committee
Members.
4.5e The Executive Committee Members may give other duties and powers to the
Treasurer from time to time.
4.5 Duties of the Vice-President
4.5a The Vice-President shall assist the President whenever needed or requested.
4.5b The Vice-President shall assume the responsibility of the President whenever the
President is unable to carry out the duties of that position.
4.5c The Executive Committee Members may give other duties and powers to the Vice-
President from time to time.
4.6 Duties of other Committee Members
The duties of all other Committee members and Sub Committee members of the
Association shall be such as deemed by the Executive Committee Members
4.7 Contracting Powers of Officers
The President or in his/her absence
the Vice-President, and one of the Executive Committee Members shall have the power
to sign contracts on behalf of the Association. Two Signatures will be required to validate
a contract
PART V, Annual and General Meetings
5.1 Place of Meeting
Annual and general meetings will be held at the Associations head office or any other
place within Durham that the Executive Committee Members may decide.
5.2 Time of Annual Meeting
5.2a The Association must hold an annual meeting of its members not later than fifteen
months after Association is formed.
5.2b The annual meeting cannot be held more than fifteen months apart.
5.2c The Executive Committee shall decide the exact time, date and place of the annual
meeting.
5.3 Notice of Meetings
5.3a The Secretary shall communicate to each member notice of time and place of every
annual or general meeting at least ten days before the meeting.
5.3b No notice of a meeting is necessary, if every member is present in person.
5.4 Calling General Meeting and Special Meeting
5.4a The Executive Committee Members, the President or the Vice-President may call a
general meeting at any time.
5.4b Members may request a special meeting by presenting the Executive Committee
with a petition that states the
general business to be considered at the meeting. Twenty-five percent (25%) or more of
the membership must sign the petition. All members shall receive prior notification of the
time and business to be considered at that meeting.
5.4c In addition to the AGM there may be a maximum of two meetings per annum if
needed.
5.5 Voting at General and Annual Meetings
5.5a Only members who have paid their membership dues and eligible to a vote may vote
at General and Annual meetings.
5.5b Each member has only one vote.
5.5c Voting shall be by a show of hands unless a member demands a ballot in which case
the vote shall be by ballot.
5.5d A member may demand a recorded vote, even on a vote by ballot, in which case the
Secretary shall record the vote of each member or proxy in the minutes.
5.6 Chairperson of General and Annual Meetings
5.6a The President, or in his/her absence the Vice-President, shall chair the General and
Annual meetings.
5.6b If neither is present one of the Executive Committee Members shall chair the
meeting.
5.7 Quorum of General and Annual Meetings
A quorum of General and Annual meetings shall be minimum of ten percent (10%) of
the paid membership.
5.8 Conduct of General and Annual Meetings
5.8a At any meeting of the members, the members may consider and transact any
business except the removal of an Executive Committee Member without prior notice to
the membership.
5.8b A majority shall keep the minutes of the meeting. An entry in the minutes that the
President declared a motion. A two-thirds vote is, however, necessary to carry a special
resolution or a by-law of the constitution.
5.8c The Secretary shall keep the minutes of the meeting. An entry in the minutes that the
President declared a motion carried is admissible in evidence as prima facie proofs that
the motion passed. Unless a recorded vote is asked for, Secretary need not record the
votes for and against.
5.9 Business at Annual Meetings . At every Annual meeting, in addition to any other
business , the following must be considered if applicable:
1. The President’s report
2. The Treasurer’s financial report
3. The Internal Auditor’s report
4. The election of the new Executive Committee Members
PART V1, Books and Records
6.0 Legal Requirements
6.1 The Association must keep at its’ head office:
1 Minutes of all meetings of members and Executive Committee and Sub committees.
2 Copy of the letters patent and any supplementary.
3 Al by-laws and special resolutions.
4 The registry of members.
5. The registry of Executive Committee Members.
6. Proper books of account and financing.
6.2 Minutes
6.2a The minutes of the previous meeting of the Executive Committee shall be approved
at the next Executive Committee Meeting.
6.2b The minutes of a meeting of
the members shall be approved at the next meeting of the members.
6.3 By-laws and Special Resolutions
The President and the Secretary shall sign any by-laws or any special resolutions passed.
6.4 Registry of Members
6.4a The Secretary shall keep a registry of the members.
6.4b The registry of members shall consist of an alphabetical list of the names of all the
people who are members or have been members of the Association within the last ten
years including their address when they were members.
6.5 Registry of Executive Committee Members
6.5a The Secretary shall keep a registry of the Executive Committee Members.
6.5b The registry of Executive Committee Members shall consist of a list of the names,
addresses and occupation of all persons who are, or have ever been Executive Committee
Members, together with the various dates when each became and ceased to be an
Executive Committee Member.
6.6 Proper Books of Accounts
The Association must keep proper records of account including records of:
1. All money received or spent by the Association including when, where and how the
money was spent or received.
2. All assets and liabilities of the Association.
3. All other transactions affecting the financial position of the Association.
4. All sales and purchases by the Association
PART V11, Transactions
7.1 Cheques and Bank Accounts
The Executive Committee Members may appoint any members of the Association to be
signing officers for any of the bank accounts the Association maintains.
7.2 Borrowing
The Executive Committee Members are not authorized to borrow unless it is specifically
approved at a Special Meeting by two-thirds of the total membership.
PART V111, Technicalities
8.1 Notice by Mail / Social Media.
The Notice by mail / Social media shall be sent to the last address of the member or
Executive Committee Member concerned as recorded in the Association’s books. It shall
be deemed to have been given when mailed.
8.2 Errors and Omissions
8.2a No error or omission in giving notice of any meeting of Executive Committee
Members or members shall invalidate the meeting or any proceedings at the meeting.
Any person, however, who failed to attend a meeting because of such an error or
omission, may re-open any matter considered at the meeting at the next meeting of the
members or the Board that the person attends.
8.2b No error or omission in any proceedings of any meeting of Executive Committee
Members, or members, shall invalidate the meeting or any of the other proceedings at the
meeting. Any member or Executive Committee Member, however, may re-open the
proceedings affected at the next meeting.
8.3 Tamil Translation:
Consideration will be available for everyday use. In case of any conflict between the
Tamil and English version English will prevail.
PART 1X All Committee Members must have:
1. A commitment to the Association.
2. A willingness to devote the necessary time and effort.
3. Integrity.
4. Strategic vision.
5. Good, independent judgment.
6. An ability to think creatively.
7. A willingness to speak their mind.
8. An understanding and acceptance of the legal duties, responsibilities and liabilities of
Executive Committee Membership.
9. An ability to work effectively as a member of a team.
PART X, Financial Year
10.1 Date
Unless otherwise ordered by the Executive Committee Members, the fiscal year of the
Association shall terminate on the 31st of day of December each year.
Approved by the members at Special General meeting for Constitutional Amendments and
updated.
President: Rajaratnam Thayanandan
Date: August 29, 2021
Secretary: Sinnadurai Mahendranathan
Date: August 29, 2021
DTA refers to Durham Tamil Association.
1. NAME: The Corporation shall be called Durham Tamil Association here in after
referred to as the Association
2. OBJECTIVE:
(a) This Association will be a non-profit, non-political and non-religious organization.
The Association will remain impartial to all its members and will not take side or engage
at any time in controversies of political, racial or religious nature.
(b) Association shall help members acquire knowledge of the Tamil Language and Tamil
Culture. Association shall promote mutual understanding, friendship, cooperation, and
respect amongst its members.
(c) Association shall build a Seniors Citizen Centre to provide recreation, educational
and cultural activities and other programs for senior citizens.
(d) Association shall build a Youth Activity Centre to provide our community youth a
safe environment for their sports, recreational and educational activities.
(e) Association shall provide help for conduct fund raising activities for the sole purpose
of helping Tamils in needs here and abroad. And to bring positive changes in the lives of
victims of natural disasters, wars and conflicts and channel its efforts towards attenuating
human sufferings without discrimination.
(f) To accept advertising, sponsorship, membership revenue from the public and all
levels of government to finance the activities of the Association.
3. SEAL: The seal for the Association shall be as stamped on the right margin herein.
The Seal stamped below is the Association’s corporate seal.
BY-LAWS
PART1, Formalities
1.1 Head Office
1.1a The head office of the Association shall be in the region of Durham.
1.1b The Executive Committee Members may decide where the head office is to be
located.
PART 11, Membership
2.1 Membership
2.1a Membership is open to former members of DTA not residing in Durham and all
current residents of Durham, who are interested in promoting Tamil Language & Tamil
Culture.
2.1b Non-residents of Durham may join DTA with prior approval of their application by
the DTA Executive committee and by adhering to DTA membership rules.
2.1c Corporate membership is open to all businesses in Canada, this membership has no
voting rights.
2.2 Liability of Members:
Members are not liable or responsible neither for any act, debts or obligations of the
association nor for any claims, death or personal injury, losses in transactions relating to
the Association
2.3 Voting Rights of Members
2.3a A member has a right to vote if he/she meets all of the following requirements.
i) Member in good standing and has paid the annual membership fee.
ii) Has a continuous period of membership of no less than six months, prior to each
Annual General Meeting and,
2.3b Is over eighteen years of age.
2.3c Every member who is eligible to vote has only one vote at every general or annual
meetings of the members.
2.3d Members of non-residents of Durham mentioned under 2.1b and corporate
membership do not have any voting rights.
2.3e Proxy: Voting through Proxy shall be accepted in all General Meetings.
2.4 Membership Fee
2.4a The Executive Committee shall set membership fees.
2.4b The fee includes membership for a family that may constitute two adults and their
children under 18. All children 18 are considered adults with voting rights and pay the
regular annual fee to be member.
2.5 Ceases to be a Member
2.5a i) If a member communicates to the President or Secretary in writing the intention
to cease to be a member.
ii) Resignation is effective on acceptance by the board or fifteen days from the date of
giving such notice.
2.5b Acts in a manner that contradicts the objectives of the Association.
2.5c A person who has resigned his/her membership is still liable for any dues or other
debts he/she owed the while being an Association member
2.5d Member who obtains any criminal record from the Canadian Law while being a
member.
2.5e A member who behaves or acts in a manner that has been proven to tarnish or
damage the reputation of the association. Under this circumstances, the concerned
member can be removed from the association by the executive committee by passing a
motion with 2/3 majority of the total executive members.
PART 111, The Executive Committee Members/Board of Directors.
3.1 Function of the Executive Committee Members
3.1a The Executive Committee Members shall be accountable to the membership of the
Association.
3.1b The Executive Committee Members shall receive policy and programs ideas from
the membership of the Association in order to achieve the goals and objectives of the
Association.
3.1c The Executive Committee Members shall function to carry out the ongoing business
of the Association to engage in decisions making on behalf of the Association where such
decisions are in keeping with the constitution and spirit of the Association: to prepare for
presentation and interpretation to the membership such matters of philosophy, policy or
finances as a require a decision by the general membership.
3.1d The Executive Committee Members shall function to facilitate the planning process
among various committees and sub-committees, which constitute the Association.
3.1e The Executive Committee Members shall appoint an Election and Constitution
committees.
3.1f The Executive Committee Members shall liaise with other community organizations
to achieve socially responsible goals.
3.2 Nomination of Executive Committee Members
3.2a At an Annual General Meeting, the members shall elect the Executive
Committee Members for the period of three years starting from January 1, 2019. The
President shall hold office continuously for a maximum period of three years. But if the
general membership agrees his or her term can be extended in the Annual General
Meeting with the recommendation of the Executive Committee.
3.2b For each Executive Committee position the contestant has to be proposed, seconded
by a good standing member. Consent of the nominee also should be obtained in the
prescribed nomination form and the nomination form must be submitted to the election
committee 48 hours prior to Annual General Meeting.
3.2c Candidates for the Executive Committee Membership will be submitted by the
election Committee
3.2d If there is a lack of contestants for the Executive Committee , the current
Executive Committee shall appoint members in good standing for these positions.
3.2e When there is a tie for any elected position, the contestant will be asked to present
valid reasons and convincing argument for his/her nomination for two minutes for a
second vote. If it is a tie after the second vote the Election committee will decide who the
winner is.
3.3 Who May Be an Executive Committee Member?
3.3a Any member who is eligible to a vote may become an Executive Committee
member.
3.3b Any Executive Committee Member who ceases to be member ceases to be an
Executive Committee Member.
3.3c Contestant has to be a member of the DTA for a year.
3.3d To contest for the post of President, Vice President, Secretary and Treasurer the
contestant has to be an Executive Committee member for one year.
3.4 Executive Committee Meetings
3.4a Notice of Such a meeting shall be communicated to each Executive Committee
Member personally or by telephone, fax, mail or e-mail or hand delivery at least one day
before the proposes meeting or days before the proposes meeting.
3.4b The time and manner of giving notice shall be recorded in the organization’s books.
3.4c If all the Executive Committee Members are present or if those absent consent to the
meeting being held in their absence, the Executive Committee Members may hold a
meeting without having to give formal notice.
3.5 Number of Quorum of Executive Committee Members
3.5a Quorum needed:
The Executive Committee shall transact the business of the association only at meetings
where a quorum of Executive members are present.
3.5b A quorum is a minimum of 2/3rd of elected Executive Committee Members
3.6 Voting of the Executive Committee
3.6a A simple majority of votes cast suffices to pass any motion before the
Executive Committee unless a special method is requested as mentioned under 2.5e.
Voting shall be by show of hands, or, if an Executive Committee asks for a ballot, by
ballot.
3.6 b. If there is no quorum of Executive Committee Members in office, then the
remaining Executive Committee Members must call a general meeting as soon as
possible to fill the vacancies by election. If there are no Executive Committee Members
left in office or the remaining Executive Committee Members fail or refuse to call such a
general meeting, any member may call the general meeting
3.7 Powers of the Executive Committee Members
3.7a The Executive Committee Members may administer and run the Association’s
business in all respects and may enter into contracts on behalf of the Association and do
any other acts authorized by its letter patent or by law.
3.7b The Executive Committee shall form committees from time on an ongoing or time
limited basis to address specific issues of areas of concern. These committees shall each
have an appointed Executive Committee Member representative participating in
their business. These committees shall report to the Executive Committee Members.
3.8 Resolutions
3.8a The Executive Committee shall carry on its business by resolution moved, seconded
and carried by a majority of the votes cast.
3.8b The President shall count the votes on a resolution and declare it carried or defeated.
3.8c The Secretary shall keep an accurate record of the minutes including all resolutions,
although a record of the votes for and against shall not be made, unless requested by an
Executive Committee Member.
3.8d A declaration by the President that a resolution has passed and an entry to that effect
in the minutes shall be admissible in evidence as prima facie proof that the resolution had
passes.
3.9 Remuneration of Executive Committee Members.
Executive Committee Members shall receive no remuneration for being Executive
Committee Member.
3.9.1 Removal of Executive Committee Members from the Executive Committee
3.9.1a The members may revoke any Executive Committee Member by a two-thirds
majority of votes cast at a special or general meeting and may elect by a simple majority
a new Executive Committee Member to replace the Executive Committee Member
removed.
3.9.1b Notice must be given to the members before the special or general meeting of
intention to remove an Executive Committee Member.
3.9.2 Books and Reports:
The Executive Committee Members are responsible for making sure all proper books and
records required by law are kept.
PART IV, Members of Executive
Committee
4.1 Executives
4.1a The Executive Committee shall have maximum of 13 members including 1)
President 2) Vice President 3) Secretary 4) Assistant Secretary 5) Treasurer 6) Assistant
Treasurer 7) Youth Coordinator 8) Programs Coordinator 9) Public Relations and Media
Coordinator 10) Seniors Coordinator and 11) Membership Coordinator.
4.1b . Election of the Executive Committee shall be held in the AGM only for the posts
of President , Vice President , Secretary , Treasurer and other nine Executive Committee
members. Other posts mentioned under 4.1a shall be filled by the Executive Committee .
4.1c .The Executive Committee Members may appoint other executives from among the
sub-committee members from time to time as deemed necessary.
4.1d .The Executive Committee may invite to their meetings chairperson of sub
committees and others as the committee sees fit.
4.1e . A qualified member shall be appointed as an Internal Auditor in the AGM for
a period of three years .
4.2 Duties of President
4.2a The President will be responsible for the effective functioning of the Association and
to uphold the constitution of the Association
4.2b The President and Secretary shall sign all by-laws and membership certificates.
4.2c The Executive Committee
Members may give other duties and powers to the President from time to time.
4.3 Duties of the Secretary
4.3a The Secretary shall keep the Association, Seal and all the records, correspondence,
and other papers of the Association.
4.3b The Secretary shall keep the minutes of all Executive Committee meetings, and
Annual General, Special and Committee meetings and circulate as appropriate.
4.3c The Secretary shall give all notices to be given to the members, Executive
Committee Members, and Officers of the Association.
4.3d The Executive Committee Members may give other duties and powers to the
Secretary from time to time.
4.4 Duties of the Treasurer
4.4a The treasure shall deposit all monies or valuables belonging to the Association in the
bank or banks named by
the Executive Committee Members.
4.4b The treasures shall be responsible for all monies and shall present financial
statement to the Association at the Committee at the annual meetings.
4.4c The Treasurer shall keep all financial books and contracts of the Association.
Members designated by the Executive Committee shall have the authority of signing
cheques. Two of the four signatures will be necessary to validate a cheque expenditure of
the Association fund.
4.4d The Treasurer shall pay out money as directed by the Executive Committee
Members.
4.5e The Executive Committee Members may give other duties and powers to the
Treasurer from time to time.
4.5 Duties of the Vice-President
4.5a The Vice-President shall assist the President whenever needed or requested.
4.5b The Vice-President shall assume the responsibility of the President whenever the
President is unable to carry out the duties of that position.
4.5c The Executive Committee Members may give other duties and powers to the Vice-
President from time to time.
4.6 Duties of other Committee Members
The duties of all other Committee members and Sub Committee members of the
Association shall be such as deemed by the Executive Committee Members
4.7 Contracting Powers of Officers
The President or in his/her absence
the Vice-President, and one of the Executive Committee Members shall have the power
to sign contracts on behalf of the Association. Two Signatures will be required to validate
a contract
PART V, Annual and General Meetings
5.1 Place of Meeting
Annual and general meetings will be held at the Associations head office or any other
place within Durham that the Executive Committee Members may decide.
5.2 Time of Annual Meeting
5.2a The Association must hold an annual meeting of its members not later than fifteen
months after Association is formed.
5.2b The annual meeting cannot be held more than fifteen months apart.
5.2c The Executive Committee shall decide the exact time, date and place of the annual
meeting.
5.3 Notice of Meetings
5.3a The Secretary shall communicate to each member notice of time and place of every
annual or general meeting at least ten days before the meeting.
5.3b No notice of a meeting is necessary, if every member is present in person.
5.4 Calling General Meeting and Special Meeting
5.4a The Executive Committee Members, the President or the Vice-President may call a
general meeting at any time.
5.4b Members may request a special meeting by presenting the Executive Committee
with a petition that states the
general business to be considered at the meeting. Twenty-five percent (25%) or more of
the membership must sign the petition. All members shall receive prior notification of the
time and business to be considered at that meeting.
5.4c In addition to the AGM there may be a maximum of two meetings per annum if
needed.
5.5 Voting at General and Annual Meetings
5.5a Only members who have paid their membership dues and eligible to a vote may vote
at General and Annual meetings.
5.5b Each member has only one vote.
5.5c Voting shall be by a show of hands unless a member demands a ballot in which case
the vote shall be by ballot.
5.5d A member may demand a recorded vote, even on a vote by ballot, in which case the
Secretary shall record the vote of each member or proxy in the minutes.
5.6 Chairperson of General and Annual Meetings
5.6a The President, or in his/her absence the Vice-President, shall chair the General and
Annual meetings.
5.6b If neither is present one of the Executive Committee Members shall chair the
meeting.
5.7 Quorum of General and Annual Meetings
A quorum of General and Annual meetings shall be minimum of ten percent (10%) of
the paid membership.
5.8 Conduct of General and Annual Meetings
5.8a At any meeting of the members, the members may consider and transact any
business except the removal of an Executive Committee Member without prior notice to
the membership.
5.8b A majority shall keep the minutes of the meeting. An entry in the minutes that the
President declared a motion. A two-thirds vote is, however, necessary to carry a special
resolution or a by-law of the constitution.
5.8c The Secretary shall keep the minutes of the meeting. An entry in the minutes that the
President declared a motion carried is admissible in evidence as prima facie proofs that
the motion passed. Unless a recorded vote is asked for, Secretary need not record the
votes for and against.
5.9 Business at Annual Meetings . At every Annual meeting, in addition to any other
business , the following must be considered if applicable:
1. The President’s report
2. The Treasurer’s financial report
3. The Internal Auditor’s report
4. The election of the new Executive Committee Members
PART V1, Books and Records
6.0 Legal Requirements
6.1 The Association must keep at its’ head office:
1 Minutes of all meetings of members and Executive Committee and Sub committees.
2 Copy of the letters patent and any supplementary.
3 Al by-laws and special resolutions.
4 The registry of members.
5. The registry of Executive Committee Members.
6. Proper books of account and financing.
6.2 Minutes
6.2a The minutes of the previous meeting of the Executive Committee shall be approved
at the next Executive Committee Meeting.
6.2b The minutes of a meeting of
the members shall be approved at the next meeting of the members.
6.3 By-laws and Special Resolutions
The President and the Secretary shall sign any by-laws or any special resolutions passed.
6.4 Registry of Members
6.4a The Secretary shall keep a registry of the members.
6.4b The registry of members shall consist of an alphabetical list of the names of all the
people who are members or have been members of the Association within the last ten
years including their address when they were members.
6.5 Registry of Executive Committee Members
6.5a The Secretary shall keep a registry of the Executive Committee Members.
6.5b The registry of Executive Committee Members shall consist of a list of the names,
addresses and occupation of all persons who are, or have ever been Executive Committee
Members, together with the various dates when each became and ceased to be an
Executive Committee Member.
6.6 Proper Books of Accounts
The Association must keep proper records of account including records of:
1. All money received or spent by the Association including when, where and how the
money was spent or received.
2. All assets and liabilities of the Association.
3. All other transactions affecting the financial position of the Association.
4. All sales and purchases by the Association
PART V11, Transactions
7.1 Cheques and Bank Accounts
The Executive Committee Members may appoint any members of the Association to be
signing officers for any of the bank accounts the Association maintains.
7.2 Borrowing
The Executive Committee Members are not authorized to borrow unless it is specifically
approved at a Special Meeting by two-thirds of the total membership.
PART V111, Technicalities
8.1 Notice by Mail / Social Media.
The Notice by mail / Social media shall be sent to the last address of the member or
Executive Committee Member concerned as recorded in the Association’s books. It shall
be deemed to have been given when mailed.
8.2 Errors and Omissions
8.2a No error or omission in giving notice of any meeting of Executive Committee
Members or members shall invalidate the meeting or any proceedings at the meeting.
Any person, however, who failed to attend a meeting because of such an error or
omission, may re-open any matter considered at the meeting at the next meeting of the
members or the Board that the person attends.
8.2b No error or omission in any proceedings of any meeting of Executive Committee
Members, or members, shall invalidate the meeting or any of the other proceedings at the
meeting. Any member or Executive Committee Member, however, may re-open the
proceedings affected at the next meeting.
8.3 Tamil Translation:
Consideration will be available for everyday use. In case of any conflict between the
Tamil and English version English will prevail.
PART 1X All Committee Members must have:
1. A commitment to the Association.
2. A willingness to devote the necessary time and effort.
3. Integrity.
4. Strategic vision.
5. Good, independent judgment.
6. An ability to think creatively.
7. A willingness to speak their mind.
8. An understanding and acceptance of the legal duties, responsibilities and liabilities of
Executive Committee Membership.
9. An ability to work effectively as a member of a team.
PART X, Financial Year
10.1 Date
Unless otherwise ordered by the Executive Committee Members, the fiscal year of the
Association shall terminate on the 31st of day of December each year.
Approved by the members at Special General meeting for Constitutional Amendments and
updated.
President: Rajaratnam Thayanandan
Date: August 29, 2021
Secretary: Sinnadurai Mahendranathan
Date: August 29, 2021