THE BENGALI CULTURAL ASSOCIATION

(CANBERRA) INC.

 

 

 

CONSTITUTION, OBJECTIVES AND RULES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THE BENGALI CULTURAL ASSOCIATION (CANBERRA) INC.

 

 

 

CONSTITUTION, OBJECTIVES AND RULES

 

 

 

1.            NAME:

 

 

The name of the Association shall be “THE BENGALI CULTURAL ASSOCIATION (CANBERRA) INC” {hereinafter referred to as the ‘Association’}.

 

2.            OBJECTIVES:

 

The objectives of the Association areas are :

 

(1)                            to promote Bengali culture e.g. literature, music, dance, drama and community activities in general;

 

(2)                            to promote mutual understanding and goodwill between the Bengalis  originating from India, the Indian sub-continent and other communities in Australia with interest in Bengali culture;

 

(3)                            to provide and promote social and cultural contact among its members in particular and the broader Australian community in general; and

 

(4)                            to function as a non-profit (subject to clause 17) and a non-political organization.

 

3.             QUALIFICATION FOR MEMBERSHIP:

 

Any person with an interest in Bengali culture may apply for membership in the form prescribed in Schedule 1 of this Constitution and may be admitted to membership of the Association, provided:

 

(a)                  the approval of the Committee has been obtained; and

 

(b)                  the membership fee as prescribed in clause 5 (1) has been paid as required.

 

 

4.                     CATEGORIES OF MEMBERSHIP:

 

Membership shall include:

 

(a)                  individual members not under the age of 18 years; and

 

(b)                  family members, including a parent or parents and children under the age of 18 years.

 

 

 

5.                     MEMBERSHIP FEES:

 

(1)                  Annual membership fees for each category of member shall be prescribed by the Committee and shall fall due on the first day of the financial year, subject to provision (a) of clause 6 and be payable no later than the last day of September in each financial year.

 

(2)                  The Committee may prescribe concessionary membership fees for pensioners and students.

 

 

6.                     CESSATION OF MEMBERSHIP:

 

 

Membership shall cease on:

 

(1)                  voluntary resignation in writing;

 

(2)                  death;

 

(3)                  default in payment of membership fees by the last day of September in any year; or

 

(4)                  termination of membership by the Committee on disciplinary grounds

 

provided that,

 

(a)                  where membership ceases due to default in payment of fees the membership may be reinstated if the fees due are paid in full on or before the date of the Annual General Meeting in that year; and

 

(b)                  where membership is terminated by the Committee on disciplinary grounds, the same shall have effect only after ratification in a General Meeting to be convened for the specific purpose.

 

 

7.                     THE COMMITTEE:

 

(1)                  The affairs of the Association shall be managed by a Committee, which shall be elected no later than by the 30th of April each year on a date to be determined by the Committee. The existing Committee shall handover the charges within 75 days of the election to the newly elected committee. Members of the Committee shall be eligible for re-election. No committee member having served for two consecutive terms can be nominated for a third term. The Committee shall, subject to the provisions of the Constitution, be responsible for and exercise all such powers and functions as are necessary for the proper management of the Association.

 

(2)                  The committee shall decide on the allocation of any financial assistance towards cultural activities organised by the association.

 

(3)                  The Committee shall not involve itself or the Association in any political activity of any sort.

 

(4)                  The BCA members agree to indemnify the Committee members from any liability to any member or group of members where such liability may arise from action taken or not taken in good faith by the Committee member or members.

 

8.                     COMPOSITION OF THE COMMITTEE:

 

(1)                  The Committee shall comprise a President, a Secretary and a Treasurer and three other members elected at the Annual General Meeting. The allocation of portfolios to the said three members shall broadly cover the following activities:

·                       cultural;

·                       entertainment; and

·                       communication

 

(2)                  Gender equity in the numbers of the members shall be maintained as far as practicable.

 

(3)                  The Committee members may fill any vacancy occurring among its members by co-opting a member, pending the next Annual General Meeting.

 

(4)                  A member of the Committee shall cease to hold office after providing resignation in writing or on cessation of membership of the Association due to failure to attend two consecutive meetings of the Committee without leave of absence.

 

9.                     ANNUAL GENERAL MEETING:

 

(1)                  The annual General Meeting shall be held not later than 30 November each year on a date to be determined by the Committee.

 

(2)                   Members shall receive not less than fourteen days notice in writing or through e-mail of the date and venue of the meeting and of the agenda which shall include:

 

(a)                  confirmation of the minutes of the previous Annual General Meeting and of any other General Meetings held since then;

 

(b)                  the report of the outgoing Committee for the preceding year;

 

(c)                  the tabling of an audited statement of accounts for the preceding year;

 

(d)                  welcoming  the New Committee members elected on or before 30th April;

 

(e)                  the appointment of an Auditor; and

 

(f)                   any other business of which due notice is given.

 

10.                 GENERAL MEETING:

 

(1)                  A General Meeting shall be held at instance of the Committee, or on a requisition in writing by not less than seven members for a specific purpose.

 

(2)                  A requisition of members for a General Meeting shall state the purpose of the meeting and be signed by the members making the requisition: The requisition shall be lodged with the Secretary and may consist of several documents in a similar form each signed by one or more of the members making the requisition.

 

(3)                  If the committee fails to convene a General Meeting within one month of the date on which the requisition of members for the meeting is lodged with the Secretary, any one or more of the members who made the requisition may convene a General Meeting to be held not later than two months after that date.

 

(4)                  Members shall receive no less than fourteen days notice in writing of the date and venue of the Meeting and of the specific purpose for which it has been called. No other business may be transacted at such a meeting.

 

11.                 COMMITTEE MEETINGS:

 

The Committee shall meet at least once a month for the first year after incorporation and at least once every two months thereafter.

 

12.                 QUORUM AT MEETINGS:

 

(1)                  Subject to sub-clause 23 (2), the quorum at any General Meeting, including the Annual General Meeting, shall not be less than ten members present and entitled to vote or 1/4th  of the total financial members whichever is more. The quorum at Committee meetings shall be four members of the Committee.

 

(2)                  In  the absence of a quorum, a meeting may be adjourned to a date and time to be fixed at the meeting. No notice will be required of the date fixed and no quorum will be required at the adjourned meeting, but no new business may be taken up at that meeting.

 

13.                 VOTING:

 

(1)                  Only members over the age of eighteen years shall be entitled to vote.

 

(2)                  Unless otherwise requested voting at all meetings shall be done by a show of hands. Questions arising at General Meetings and at Annual General Meetings, shall be determined by a simple majority of members present and entitled to vote. In the event of a tie, the chairperson shall have a casting vote.

 

(3)                  Voting for the election of Committee members at an Annual General Meeting shall be by a secret ballot.

 

(4)                  All votes shall be given in person or by proxy.

 

(5)                  Each financial member shall be entitled to appoint another financial member as proxy by notice given to the Secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed. The notice appointing the proxy shall be on the prescribed at Schedule 2 of this Constitution.

 

14.                 CHAIRPERSON AT MEETINGS:

 

The President shall preside at all meetings and, in his/her absence, the Secretary shall preside. In the absence of both the President and the Secretary, the members shall elect a Chairperson for the meeting.

 

15.                 THE FINANCIAL YEAR:

 

The financial year of the Association shall be the year commencing on 1 July and closing on 30 June of the following year.

 

 

 

 

16.                 ACCOUNTS:

 

(1)                  The Treasurer shall be responsible to account for all income and expenditure of the Association and for its property. He/she shall maintain proper books and records of all such accounts and property, prepare accounts for the business term of the elected committee of the Association, and arrange to obtain the Auditor’s certificates to their correctness.

 

(2)                   The Treasurer shall place all monies received in a Bank Account or Accounts approved by the Committee and opened in the name of the Association, that is, the “THE BENGALI CULTURAL ASSOCIATION (CANBERRA) INC” and shall make all payments (other than petty cash) by cheque and drawn in favour of the payee unless authorised by the Committee and such authorisation recorded in the official minutes of the Committee.

 

(3)                  All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by Treasurer or in the absence of the Treasurer, by the Secretary or the President, The President, the Secretary and the Treasurer shall be the authorised signatories on behalf of the Association. In the absence of the Treasurer, the Secretary shall assume his/her responsibilities, which decision shall be recorded in the official minutes of the Committee.

 

(4)                  The committee may, on such terms as it determines, authorise the Treasurer to retain a petty cash imprest not exceeding $50 at any one time for the purpose of small items of stationary, postage stamps and sundries, to be managed by the Secretary or other nominated member of the Committee.

 

17.                 INCOME AND PROPERTY:

 

The income and property of the Association shall be applied solely towards furthering the objectives of the Association and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to the members of the association except with the approval of a General Meeting.

 

18.                 SEAL OF THE ASSOCIATION

 

(1)                  The seal of the Association shall be kept in the custody of the Secretary of the Association.

 

(2)                  The seal of the Association shall not be affixed to any legal instrument or documents except by authority of a resolution of the Committee.

 

 

 

19.                 DISCLOSURE OF INTEREST:

 

A member of the Committee who has an interest in any contract or financial arrangement to be into by the Association shall declare his/her interest and shall not vote on any matter concerning such contract or arrangement.

 

 

 

 

20.                 ALTERATION OF THE CONSTITUTION

 

This constitution may be amended by no less than two-thirds majority vote of members present and voting

 

(a)                  at an Annual General Meeting, provided due notice of the amendments has been given to members; or

 

(b)                  at a General Meeting convened in terms of Clause 10.

 

(c)                  The Committee is authorised to correct any incomplete sentences in the Constitution without altering the purpose of the statement.

 

 

21.                 PUBLIC OFFICER:

 

The Committee shall appoint a member to be the Public Officer for the purpose of dealing with statutory matters relating to its incorporation.

 

22.                 INTERPRETATION:

 

The Committee shall have the power to determine the application or interpretation of any clause of this constitution and its decision on any such matter shall, in the event of a dispute, be subject to approval at the next Annual General Meeting.

 

23.                 DISSOLUTION:

 

(1)                  The Association may be dissolved through a resolution passed by a General Meeting called for the purpose. The resolution shall specify the manner of disposal of the assets of the Association.

 

(2)                  The quorum for a General Meeting called for the purpose of dissolving the Association shall be no less than two-thirds of members and entitled to vote.