History of Association

ASA formed	Jan 1, 1990
ASA Incorporated by the NSW Dept of Fair Trading	Jan 17, 1992
ASA Incorporation was cancelled by NSW Government Gazette	Aug 11, 2006

 

 Rules

Rules accepted by members	Jan 1, 1990
Rules accepted for Incorporation by the NSW Dept of Fair Trading.	Jan 17, 1992
Rules amended - Draft presented to members	Mar 3, 2007
Amendment to Rules accepted	Mar 3, 2007

 

  INDEX -

PART I -	MEMORANDA and OBJECTIVES
PART II -	PRELIMINARY
PART III -	MEMBERSHIP
PART IV -	THE COMMITTEE
PART V -	GENERAL MEETINGS
PART VI -	MISCELLANEOUS
PART VII -	ADDITIONAL RULES APPLICABLE to CHARITIES

 

PART I - MEMORANDA and OBJECTIVES

 

NAME and LOCATION

 1.    (1)  The Name of the Association is the "Australian Spiritual Association Incorporated", and hereinafter called "The Association".

        (2)  The Office of The Association shall be situated in Werrington Downs in the State of New South Wales, or in any such place as the Association may from time to time determine.

 

OBJECTIVES

 2.    The Objects for which The Association are established are:-

         a) To provide an association for any Individual Person, Man or Woman over the age of 18 years, and any format of Church or Group of People, that share in a Spiritual Concept and View of Life, in some or all of its understanding and application.

         b) To provide and promote positive and harmonious aspects of Unity and Stability within the Spiritual Movement.

         c) To promote The Association, and its membership.

         d) To provide a central register of its members.

         e) To promote harmony, companionship and well-being amongst its members.

         f)  To provide and promote an avenue for advice, assistance, guidance, support, learning and self-regulation.

         g) To promote the abilities and services of its members.

         h) To prepare a calendar of activities and events of and for its members.

         i)  To promote inter-group visitations on an inter and intra-state basis.

         j)  To promote the Image of the Spiritual Movement.

 

MEMORANDA

 3.    (1)  The Association is a non-profit association;

        (2)  The Association shall not become directly involved with any of the affairs or business of any of its

              members, without their request.

        (3)  The Association may subscribe to, become a member of, to co-operate with any organisation, or

              provide through its own methods, a means of publication for its news and events, for all its members.

        (4)  The Association may co-operate with any other organisation, individual or group whose objects are similar, in whole or in part.

 

PART II - PRELIMINARY

 

INTERPRETATION

 4.    (1)  In these Rules -

         a) a reference to a function includes a reference to a power, authority, and duty; and

         b) a reference to the exercise of a function includes, where the function is a duty, a reference to the

             performance of the duty.

        (2)  The provisions of the Interpretation Act, apply to and in respect of these Rules, in the same manner as those provisions would apply if these Rules were an instrument made under that Act.

        (3)  In these rules, except in so far as the context or subject matter otherwise indicates or requires-

              "Group" means and includes any group of people that meet, and may have formed a collective,

               organisation or body, such as a Church, Centre, Lodge, Circle, etc.;

              "Member" means any individual person or a group that is recorded in the Register of Members;

    "Nominated Representative" means a person so nominated by a group as their Representative to exercise all their Rights and Privileges for the purposes of these Rules;

             "Ordinary member" means a member of the Committee, who is not an Office-bearer of the Association;

             "Rules" means all such Memoranda, Rules, Objectives, Laws, By-Laws, Regulations and Resolutions

              and such like

              made by The Association within these Rules, or in pursuance of the application of these Rules;

             "Secretary" means-

              a) the person holding office under these rules as Secretary of the Association; or

              b) where no such person holds that office- the Public Officer of the Association;

             "Special General Meeting" means a general meeting of the Association other than the annual general meeting;

             "Special Resolution" means a resolution which requires a special general meeting under these Rules;

             "the Act" means the NSW Association Incorporation Act 1984

             "the Regulation" means the NSW Associations Incorporation Regulation, 1985.

 

PART III - MEMBERSHIP

 

MEMBERSHIP QUALIFICATIONS

 5.         A person or group is qualified to be a member of the Association if, but only if-

        (1)  a) the person is referred to in these Rules, or

            b) the group  is referred to in these Rules, and

        (2)  has been approved for membership of the Association by the Committee of the Association, and

        (3)  has not ceased to be a Member of the Association.

 

APPLICATION for MEMBERSHIP

 6.     (1)  An application for membership of the Association -

         a) shall be made in writing in the form set out for

          i) Individuals  - as per Appendix 1, or

         ii) Groups       - as per Appendix 2; or any similar form as determined by the Committee; and

         b) shall be lodged with the Secretary of the Association; and

         c) shall include any such fees as the Committee shall from time to time determine.

        (2)  As soon as practicable after receiving an application for membership, the Secretary shall refer the application to the Committee, which shall determine whether to approve or to reject the application.

        (3)  When the Committee determines to approve or reject an application for membership, the Secretary shall as soon as practicable after such determination, either -

 a) notify the applicant that the application for membership was approved, and include in the notification, a receipt for all the fees and monies paid, and enter the applicants name in the Register of Members, and upon the name being so entered, the applicant becomes a       member of the Association; or

 b) notify the applicant that the application for membership was rejected, and include in the notification, a return for all the fees and monies paid by the amount and in the manner as determined from time to time by the Committee, and enter the applicants name in a Register kept for that purpose.

 

CESSATION of MEMBERSHIP

 7.    A member ceases membership of the Association if, but only if -

        a) either

         i) The Individual Member dies, or

        ii) The Group  ceases to exist; or

        b) resigns that membership; or

        c) is expelled from the Association.

 

MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE

 8.    A right, privilege or obligation which a person, or a group by way of its nominated representative, has by reason of being a member of the Association -

         a) is not capable of being transferred or transmitted to another person or nominated representative; and

         b) terminates upon cessation of the person or groups membership

 

RESIGNATION of MEMBERSHIP

 9.    (1)  A member of the Association is not entitled to resign that membership except in accordance with this rule.

        (2)  A member of the Association who has paid all amounts payable by the member to the Association in respect of the member's membership, may resign from membership of the Association by first giving notice of at least one month, (or such other time as the Committee may from time to time determine,) in writing to the Secretary, of the members intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.

        (3)  Where a member of the Association ceases to be a member pursuant to clause (2), and in every other case where a member ceases to hold membership, the Secretary shall make an appropriate entry in the Register of Members recording the date on which the member ceased to be a member.

 

REGISTER of MEMBERS

10.   (1) The Public Officer of the Association shall establish and maintain a Register of Members of the Association, specifying the name and address of each person and group that are members of the Association, together with the date on which the person or group became a member.

        (2) The Register of Members shall be kept at the principal place of administration of the Association and shall be open for inspection, free of charge, by any member of the Association at any reasonable hour.

 

FEES, SUBSCRIPTIONS, etc

11.   (1) An applicant for membership of the Association shall pay to the Association a fee of $1.00, or such other amount as the Committee shall from time to time determine, and

   (2) In addition to any amount payable by the member under clause(1), a member of the Association shall pay, to the Association an annual membership fee of $2.00, or such other amount as the Committee shall from time to time determine.

        a) except as provided in paragraph b), before the 1st January in each calendar year; or

   b) where the member becomes a member on or after 1st January in any calendar year, and before 1st January in each succeeding calendar year.

 

MEMBERS' LIABILITY

12.   The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the cost, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by Rule 11.

 

DISCIPLINING of MEMBERS

13.   (1) Where the Committee is of the opinion that a member of the Association -

         a) is in dispute with another Member of the Association, and fails to resolve such matter;

         b) has persistently refused or neglected to comply with a provision or provisions of these Rules, or

         c) has persistently and wilfully acted in a manner prejudicial to the interests of the Association,

The Committee may, by resolution -

          i) expel the member from the Association; or

         ii) suspend the member from membership of the Association for a specified period.

    (2) A resolution of the Committee under clause(1) has no effect unless the Committee, at a meeting held not earlier than 14 days and not later than 40 days after service of a notice under Clause (3), confirms the resolution in accordance with this rule.

        (3) Where the Committee passes a resolution under Clause(1), the Secretary shall, as soon as practicable,

           cause a notice, in writing, to be served on the member -

         a) setting out the resolution of the Committee, and the grounds on which it is based; and

     b) stating that the member may address the Committee at a meeting to be held not earlier than 14 days and not later than 40 days after service of the notice; and

         c) stating the date, place and time of that meeting; and

         d) informing the member that the member may do either or both of the following:-

          i) attend and speak at that meeting;

         ii) submit to the Committee at or prior to the date of that meeting, written representations relating to the resolution

        (4) At a meeting of the Committee held as referred to in Clause(3), the Committee shall -

         a) give to the member an opportunity to make oral representations, and

         b) give due consideration to any written representations as submitted to the Committee by the member at or prior to the meeting; and

         c) by resolution, determine whether to confirm or to revoke the resolution.

        (5) Where the Committee confirms a resolution under Clause(4), the Secretary shall within 7days after the confirmation, by notice in writing, in form the member of that confirmation and the members right of appeal under Rule 14.

        (6) A resolution confirmed by the Committee under Clause(4) does not take effect -

    a) until expiration of the period within which the member is entitled to appeal against the resolution, where the member does not exercise the right of appeal within that period; or

    b) where within that period, the member exercises the right of appeal, unless and until the Association confirms the resolution pursuant to Rule 14.

 

RIGHT of APPEAL of DISCIPLINED MEMBER

14.   (1) A member may appeal to the Association in general meeting, against a resolution of the Committee which is confirmed under Rule 13(4), within 7 days after notice of the resolution is served on the member, by lodging with the Secretary, a notice to that effect.

   (2) Upon receipt of a notice from a member under Clause(1), the Secretary shall notify the Committee, which shall convene a Special General Meeting of the Association, to be held within 1 month after the date on which the Secretary received the Notice.

        (3) At a General Meeting of the Association convened under Clause(2),

         a) no business other than the question of the appeal shall be transacted;

         b) the Committee and the Member, shall be given the opportunity to state their respective cases orally or in writing, or both; and

         c) the members present, shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked.

        (4) If at the General Meeting, the Association passes a resolution, by majority, in favour of confirmation of the resolution, the resolution is confirmed and final.

 

PART IV - THE COMMITTEE

 

POWERS of the COMMITTEE

15.     The Committee shall be called the Committee of Management of the Association, and subject to these Rules, and to any resolutions passed by the Association in General Meeting-

         a) shall control and manage the affairs of the Association;

         b) may exercise all such functions as may be exercised by the Association, other than those functions that are required by these Rules, to be exercised by a General Meeting of Members of the Association;

           and

 c) has power to perform all such acts, and to do all such things as appear to the Committee, to be necessary or desirable for the proper management of the affairs of the Association.

 

CONSTITUTION and MEMBERSHIP

16.   (1) The Committee shall consist of -

 a) the Office-Bearers of the Association, each of whom shall be elected at the Annual General Meeting of the Association, pursuant to Rule 17, and

 b) 5 ordinary members of the Association, each of whom shall be elected at the Annual General Meeting of the Association, pursuant to Rule 17.

        (2) The Office-Bearers of the Association shall be -

         a) President;

         b) Vice-President;

         c) Treasurer;

         d) Secretary;

         e) Assistant Secretary;

         f) Publicity Officer.

(3) Each member of the Committee shall, subject to these Rules, hold office until the conclusion of the Annual General Meeting following the date of the members election, but is eligible for re-election pursuant to Clause (1) of this Rule.

        (4) In the event of a casual vacancy occurring in the membership of the Committee, the Committee may appoint a member of the Association to fill the vacancy, and the member so appointed shall hold that

office, subject to these Rules, until the conclusion of the Annual General Meeting next following the date of the appointment.

 

ELECTION of OFFICERS

17.   (1) Nominations of candidates for election as Office-Bearers or as Ordinary Members of the Committee of

           the Association -_

         a) shall include only such names that are

          i) an individual member, or

         ii) a nominated representative of a group member, and;

 b) shall be made in writing, and be signed by two(2) members of the Association, and be accompanied by the written consent of the Candidate (which may be so endorsed on the form of nomination ); and

 c) shall be delivered to the Secretary of the Association, not less than 7 days before the date fixed for the holding of the Annual General Meeting at which the election is to take place.

(2) If insufficient nominations are received to fill all vacancies on the Committee, a secret ballot shall be held in respect of the candidates nominated, and further nominations shall be received at the Annual General Meeting.

(3) If insufficient further nominations are received, any vacant positions remaining on the Committee shall be deemed to be casual vacancies, and filled pursuant to Rule 16(4).

(4) If the number of nominations received is equal to the number of vacancies to be filled, a secret ballot shall be held in respect of the candidates nominated;

(5) If the number of nominations received exceeds the number of vacancies to be filled, a secret ballot shall be held in respect of the candidates nominated;

(6) The ballot for the election of the Officers and Ordinary Members of the Committee shall be conducted at the Annual General Meeting, in such usual and proper manner as the Committee may direct

 

SECRETARY

18.   (1)  The Secretary of the Association shall, as soon as practicable after being appointed as Secretary, lodge notice with the Association of his or her address.

        (2) It is the duty of the Secretary to keep minutes of -

         a) all appointments of office - bearers and members of the Committee;

         b) the names of members of the Committee present at a Committee meeting or a general meeting; and

         c) all proceedings at Committee meetings and general meetings,

        (3) Minutes, of proceedings at a meeting shall be signed by the Chairperson of the next succeeding meeting.

 

TREASURER

19.    It is the duty of the Treasurer of the Association to ensure that -

         a) all the money due to the Association is collected and received and that all payments authorised by the Association are made; and

         b) correct books and accounts are kept showing the financial affairs of the Association including full details of all receipts and expenditure connected with the activities of the Association.

 

CASUAL VACANCIES

20.        For the purposes of these rules, a casual vacancy in the office of a member of the Committee occurs if the member,

        (1) being an individual member, and

         a) dies;

         b) ceases to be a member of the Association;

         c) becomes an insolvent under administration within the meaning of the Companies Code;

         d) resigns office by notice in writing to the Secretary;

         e) is removed from office under Rule 21;

     f)  becomes of unsound mind, or is a person whose person or estate is liable to be dealt with in any way under the law relating to mental health; or

         g) is absent without the consent of the Committee from all meetings of the Committee held during a period of 6 months.

         h) is, or becomes, affected by Rule 46.

        (2) being a nominated representative of a group, and

         a) dies; or

         b) the group ceases to be a member of the association; or

         c) becomes insolvent under administration within the meaning of the Companies Code; or

         d) resigns office by notice in writing to the Secretary; or

         e) is removed from office under Rule 21; or

     f) becomes of unsound mind, or is a person whose person or estate is liable to be dealt with in any way under the law relating to mental health;           or

         g) is absent without the consent of the Committee from all meetings of the committee held during a period of 6 months; or

         h) is, or becomes, affected by Rule 46,

          i) being also an individual member of the association, only the provisions of Clause (1) of this rule shall apply.

 

REMOVAL of MEMBER

21.   (1) The Association in a general meeting may by resolution remove any member of the Committee from the office of Member, before the expiration of the member's term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.

        (2) Where an ordinary member of the Committee to whom a proposed resolution referred to in Clause (1) relates makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the Association, the   secretary or president may send a copy of the representations to each member of the Association or, if they are not so sent, the member is entitled to require that the representations be read out at the          meeting at which the resolution is considered.

 

MEETINGS and QUORUM

22.   (1) The Committee shall meet at least 3 times in each period of 12 months at such place and time as the Committee may determine.

        (2) Additional meetings of the Committee may be convened by the Chairman or by any member of the Committee.

        (3) Oral or written notice of a meeting of the Committee, shall be given by the Secretary to each member of the Committee at least 48 hours (or such other period as may be unanimously agreed upon by the members of the Committee) before the time appointed for the holding of the meeting.

        (4) Notice of a meeting given under Clause (3) shall specify the general nature of business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, except business which the Committee members present at the meeting unanimously agree to treat as urgent business.

        (5) Any 5 members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee.

        (6) No business shall be transacted by the Committee unless a quorum is present, and if within half an hour of the time appointed for the meeting a quorum is not present, the meeting stands adjourned to the same place and at the same hour of the same day, in the following week.

        (7) If at the adjourned meeting a quorum is not present within half an hour of time appointed for the meeting, the meeting shall be dissolved.

        (8) At a meeting of the Committee -

         a) the President, or in the Presidents absence, the Vice-President shall preside; or

         b) if the President and Vice-President are absent or unwilling to act as such, one of the remaining members of the Committee may be chosen by the members present at the meeting, and shall preside.

 

DELEGATION by COMMITTEE to SUB-COMMITTEE

23.   (1) The Committee may, by instrument in writing, delegate to one or more Sub-Committees (consisting of such member or members of the Association as the Committee thinks fit, with or without the assistance of specified non-members, as the Committee thinks fit) the exercise of such of the functions of the Committee as are specified in the instrument, other than -

         a) this power of delegation; and

         b) a function, which is a duty imposed on the Committee by the Act or by any other Law.

        (2) A function, the exercise of which has been delegated to a Sub-Committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the Sub-Committee in accordance with the terms of the delegation.

        (3) A delegation made under this section, may be made subject to any such conditions or limitations as to the exercise of any function of the subject thereof, or as to the time or circumstances as may be specified in the instrument of delegation.

        (4) Notwithstanding any delegation under this rule, the Committee may continue to exercise any function delegated.

        (5) Any act or thing done or suffered by a Sub-Committee, acting in the exercise of a delegation under this rule, has the same force and effect as it would have if it had been done or suffered by the Committee.

        (6) The Committee may by instrument in writing, revoke wholly or in part any delegation made under this rule.

        (7) A Sub-Committee may meet and adjourn as it thinks proper.

 

VOTING and DECISIONS

24.   (1) Questions arising at a meeting of the Committee, or of any Sub-Committee appointed by the Committee, shall be determined by a majority of the votes of members of the Committee or Sub-Committee present at the meeting.

        (2) Each Member present at a meeting of the Committee or any Sub-Committee appointed by the

            Committee (including the person presiding at the meeting) is entitled to one vote, but in the event of an equality of votes on any question, the person presiding must exercise a second or casting vote.

        (3) Subject to Rule 22(5), the Committee may act notwithstanding any vacancy on the Committee.

        (4) Any act or thing done or suffered, or purporting to have been done or suffered, by the Committee or by a Sub-Committee appointed by the Committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in appointment or disqualification of any member of the Committee or           Sub-Committee.

 

PART V - GENERAL MEETINGS

 

ANNUAL GENERAL MEETINGS - Holding of

25.        The Association shall, at least once in each calendar year, and within the period of 6 months after the expiration of each financial year of the Association, convene an Annual General Meeting of its members.

 

ANNUAL GENERAL MEETINGS - Calling of and Business at

26.   (1) The Annual General Meeting of the Association shall, subject to the Act and Rule 25, be convened on such date and such place and time as the Committee thinks fit.

        (2) In addition to any other business which may be transacted at an Annual General Meeting, the business of an Annual General Meeting shall be

         a) to confirm the Minutes of the last preceding Annual General Meeting, and of any Special General

            Meetings held since that meeting;

         b) to receive from the Committee, reports upon the activities of the Association during the last preceding financial year.

         c) to elect the Office-Bearers of the Association, and the Ordinary Members of the Committee;

         d) to receive and consider the Statement which is required to be submitted to members pursuant to

             Section 26(6) of the Act.

        (3) An Annual General Meeting shall be specified as such in the Notice convening it.

 

SPECIAL GENERAL MEETINGS - Calling of

27.   (1) The Committee may, whenever it thinks fit, convene a Special General Meeting of the members of the Association.

        (2) The Committee on the requisition in writing from not less than 5 members or 5 per cent of the total number of members whichever is the greater, shall convene a Special General Meeting of the Association to be held not later than 2 months after the date on which the requisition is lodged with the Secretary.

        (3)  A requisition of members for a Special General Meeting -

         a) shall state the purpose or purposes of the meeting; and

         b) shall be signed by the members making the requisitions;

         c) and shall be lodged with the Secretary;

         d) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.

        (4) If the Committee fails to convene a Special General Meeting within 2 months after the date on which a requisition is lodged with the Secretary, any one or more of the members who made the requisition may convene a Special General Meeting to be held not later than 3 months after the date of requisition.

        (5) A Special General Meeting convened by any one or more members referred to in Clause(4), shall be convened as near as is practicable in the same manner as general meetings are convened by the Committee, and any member who thereby incurs expenses is entitled to be reimbursed by the association for any expenses so incurred.

 

NOTICE

28.   (1) Except where the nature of the business proposed to be dealt with at a General Meeting requires a Special Resolution of the Association, the Secretary shall, at least 1 month before the date fixed for the holding of the General Meeting, cause to be sent by prepaid post to each Member at the member's address appearing in the Register of Members, a Notice specifying the place, date and time of the Meeting and the nature of the business proposed to be transacted at the Meeting.

        (2) Where the nature of the business proposed to be dealt with at a General Meeting requires a Special Resolution of the Association, the Secretary shall, at least 2 months before the date fixed for the holding of the General Meeting, cause Notice to be sent to each Member in the manner provided in Clause(1) specifying, in addition to the matter required in Clause(1), the intention to propose a resolution as a Special Resolution.

        (3) No business other than that specified in the Notice convening a General Meeting shall be transacted at the Meeting except, in the case of an Annual General Meeting, business which may be transacted pursuant to Rule 26.

        (4) A Member desiring to bring any business before a General Meeting, may give Notice in writing of that

            business to the Secretary, who shall include that business in the next Notice, calling a General Meeting

           given after the receipt of the Notice from the Member.

 

PROCEDURE - QUORUM

29.   (1) No item of business shall be transacted at a general meeting, unless a quorum of members entitled under these Rules to vote, is present.

        (2) Five members or 5 percent of the total number of members whichever is the greater, being present in person and being members entitled to vote at a general meeting, constitute a quorum for the transaction of the business of a general meeting.

        (3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:

         i) if convened upon the requisition of members - shall be dissolved, or

         ii) in any other case shall stand adjourned - to the same day in the following week at the same time and place - (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is  adjourned)

        (4) If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the general meeting, the members present (being not less than 3) shall constitute a quorum.

 

PRESIDING MEMBER

30.   (1) The President or, in the Presidents absence, the Vice-President shall preside as chairperson at each general meeting of the Association.

        (2) If the President and the Vice-President are absent from a general meeting, or unwilling to act, the members present shall elect one of their number to preside as chairperson at the meeting.

 

ADJOURNMENT

31.   (1) The chairperson of a general meeting at which a quorum is present, may with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

        (2) Where a general meeting is adjourned for 14 days or more, the secretary shall give written or oral notice of the adjourned meeting to each member of the Association stating the place, date and time of the meeting and the nature of business to be transacted at the meeting.

        (3) Except as provided in Clauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting, is not required to be given.

 

MAKING of DECISIONS

32.   (1) A question arising at a general meeting of the Association shall be determined on a show of hands and unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on the show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the Minute book of the Association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.

        (2) At a general meeting of the Association, a poll may be demanded by the chairperson or by not less than 3 members present in person or by proxy at the meeting.

        (3) Where a poll is demanded at a general meeting, the poll shall be taken -

         a) immediately, in the case of a poll which relates to the election of the chairperson of the meeting, or to the question of an adjournment; or

         b) in any other case, in such manner and at such time, before the close of the meeting, as the chairperson directs, and the resolution of the poll on the matter, shall be deemed to be the resolution of the meeting on that matter.

 

SPECIAL RESOLUTION

33.    A Resolution of the Association is a Special Resolution -

         a) pursuant to Rule 39; and    

         b) if it is passed by a majority, which comprises not less than three-quarters of the total number of votes pursuant to the application of Rule 34, of all such Members of the Association as, being entitled under these Rules so to do, vote in person or by proxy, at a General Meeting of which not less than 2 months written Notice specifying the intention to propose the Resolution as a Special Resolution was given in accordance with these Rules.

 

VOTING

34.   (1) Upon any question arising at a General Meeting, :

         a) an Individual Member - pursuant to Rule 6(1)a) i) - has one vote only, and is counted as one   (1), and

         b) the Nominated Representative of a Group - pursuant to Rule 6(1)a)ii) - has one vote only, and

             is counted as three (3).

        (2) All votes shall be given personally or by proxy, but no Member may hold more than 5 proxies.

        (3) In the case of an equality of counted votes on a question at a General Meeting, the Chairperson of the Meeting shall exercise a second, or casting vote, as per (1)a).

        (4) A Member or Proxy is not entitled to vote at any General Meeting of the Association, unless all money due and payable by the Member has been paid.

 

APPOINTMENT of PROXIES

35.   (1) Each member shall be entitled to appoint another member as proxy, by notice given to the secretary no later than 24 hours before the time the meeting in respect of which the proxy is appointed.

        (2) The notice appointing the proxy shall be :

         a) in the form set out in Appendix 3 to these rules; or

         b) in a similar form, as the committee may determine.

 

PART VI - MISCELLANEOUS

 

INSURANCE

36.   (1) The Association shall effect and maintain insurance pursuant to Section 44 of the Act.

        (2) In addition to the insurance required under Clause(1), the Association may effect and maintain other insurance.

 

FUNDS - SOURCE

37.   (1) The funds of the Association shall be derived from entrance fees and annual subscriptions of members, donations and subject to any resolution passed by the Association in general meeting, and any such other sources as the Committee determines.

        (2) All money received by the Association shall be deposited as soon as practicable and without deduction to the credit of the Association's bank account.

        (3) The Association shall, as soon as practicable after receiving any money, issue an appropriate receipt.

 

FUNDS - MANAGEMENT

38.   (1) Subject to any resolution passed by the Association in general meeting, the funds of the Association

            shall be used in pursuance of the objects of the Association in such manner as the Committee

            determines.

        (2) All cheques, drafts, bills of exchange, promissory notes and any other negotiable instruments shall be signed by any 2 members of the Committee or employees of the Association, being members or employees authorised to do so by the Committee.

 

ALTERATION of OBJECTS and RULES

39.        The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the Association.

 

COMMON SEAL

40.   (1) The common seal of the Association shall be kept in the custody of the Public Officer.

        (2) The common seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the common seal shall be attested by the signatures either of 2 members of the Committee or 1 member of the Committee and of the Public Officer or Secretary.

 

CUSTODY of BOOKS, etc

41.        Except as otherwise provided by these rules, the public officer shall keep in his or her custody or under his or her control all records, books and other documents relating to the Association.

 

INSPECTION of BOOKS, etc

42.        The records, books and other documents of the Association shall be open to inspection, free of charge, by a member of the Association at any reasonable hour

 

SERVICE of NOTICES

43.   (1) For the purpose of these rules, a notice may be served by or on behalf of the Association upon any member either personally or by sending it by post to the member at the members address shown in the register of members.

        (2) Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.
 

PART VII - ADDITIONAL RULES APPLICABLE to CHARITIES

 

APPLICATION of PART

44.     This part applies where the Association is Registered under or is exempted from registration by or under the "Charitable Collections Act, 1934".

 

PAYMENT, etc  of OFFICE BEARERS and MEMBERS

45.     A member of the Committee shall not be appointed to any salaried office of the Association paid by fees, and no remuneration or other benefit in money or money's worth shall be given by the Association to any member of the Committee except -

         a) repayment of out-of-pocket expenses;

         b) interest at a rate not exceeding interest rates for the time being which is or would be charged by the Association's bankers for money lent to the Association; and

         c) reasonable and proper rent for premises let to the Association.

 

VACATION of OFFICE

46.    Without limiting the operation of Rule 20, the office of a Member of the Committee, shall become vacant if -

         a) the member holds an office of profit in the Association;

         b) the member is directly or indirectly interested in any contract or proposed contract with the Association.

 

SURPLUS PROPERTY

47.   (1) At a general meeting of the Association, the Association shall, pass a special resolution nominating a Charity, registered under the Charitable Collections Act, 1934, or exempted from registration by or under that Act, in which it is to vest its surplus property pursuant to Section 53(2) of the Act in the event of the winding up or the cancellation of the incorporation of the Association.

        (2) The charity so nominated shall be one which fulfils the requirements specified in section 53(2) (a) to (c) of the Act.

 

NOTIFICATION of PROPOSED ALTERATION of RULES

48.    A proposed alteration of the Rules or of the Statement of Objects of the Association shall be notified to the Minister administering the Charitable Collections Act, 1934, in the manner required by the Regulations under the Act.

 

COMPLIANCE with CHARITABLE COLLECTIONS ACT, 1934

49.    The Association shall comply with such of the provisions of the Charitable Collections Act, 1934, and the Regulations there under as are appropriate to it.