Constitution

CONSTITUTION OF BHAKTI DHAM WALES

INDEX

 

Adoption of the Constitution 2.The Name

  1. The Objects of the Charity
  2. Applications of the Income and Property
  3. Dissolution
  4. Amendment
  5. Membership
  6. Termination and lapse of Membership
  7. General meetings
  8. Notices
  9. Quorum
  10. Chair
  11. Votes
  12. Governing Structure of the Charity
  13. Election of members of Governing Structure
  14. Roles and Responsibilities of Executive Committee
  15. Disqualifications and Removal of Executive Committee Members
  16. Annual Report and Return of Accounts
  17. Registered Particulars
  18. Insurance

         

BHAKTI DHAM WALES

CONSTITUTION

Adopted on the 08 January 2011

1 Adoption of the Constitution

The charity and its property will be administered and managed in accordance with the provisions in this constitution.

2 The Name

The Charity’s name is ‘BHAKTI DHAM WALES’(or such other name as the Members may from time to time decide with the approval of the Charity Commissioners) and in this document it is called the ‘Charity’.

 3 The Objects of the Charity

  • To advance the Hindu faith and tradition for the benefit of the public in Wales.
  • To advance the education of the public in Indian art, culture and traditions.
  • To relieve poverty, distress and sickness among persons primarily but not exclusively members of the Indian community living in Wales.

 

4 Applications of the Income and Property

The income and property of the Charity shall be applied solely towards the promotion of the Objects.

5 Dissolution

Dissolution of the charity can only be implemented after approval of two thirds of the Members in the General Meeting of the charity. Any assets remaining after satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution/s having similar objects.

6   Amendments

The Charity may amend any provision of this Constitution provided that:

(a) No amendment may be made that would have the effect of making the Charity cease to be a Charity at law;

(b) No amendment may be made to alter the Objects if the change would not be within the reasonable contemplation of the members of or donors to the Charity;

(c) Any resolution to amend objects of this constitution is passed by not less than two thirds of the members present and voting at a general meeting.

(d) Any resolution to amend other provisions of constitution should be passed by a simple majority of members present and voting at a general meeting.

(e) A copy of any resolution amending this constitution shall be sent to the Commission within twenty one days of it being passed.

7 Memberships

The main categories are

1) Founder Members

2) Life membership

3) Annual membership

  1. Membership is open to any individual over the age of eighteen years, who has regard   for the objects of the charity.
  2. The subscription figure for all types of membership shall be determined by the executive committee from time to time.

8) Termination and lapse of Membership

Membership is terminated if:

(1) Any membership fee due from the member to the Charity is not paid in full by the renewal date or by the period of extension as agreed by the Executive Committee.

(4) The member is removed from membership by a resolution of the Executive Committee that it is in the best interests of the Charity.

 9) General meetings

(1) The Charity must hold a general meeting within twelve months of the date of the adoption of this constitution.

(2) An annual general meeting must be held in each subsequent year and not more than fifteen months may elapse between successive annual general meetings.

(3) All general meetings other than Annual General Meetings (AGM) shall be called Special General Meetings (SGM) or Emergency General Meeting (EGM).

(4) The Executive Committee may call a SGM / EGM at any time.

(5) The Executive Committee must call a special general meeting, if requested to do so in writing by at least twenty members or twenty percent of the Members whichever is the higher. The request must state in writing the exact nature of the business or the resolution that is to be discussed.

 10 Notices

(1) The minimum period of notice required to hold any general meeting of the Charity is twenty one clear days from the date on which the notice is deemed to have been given.

(2) The Executive Committee Members should have at least seven clear days notice of the Executive Committee (EC) meeting.

(3) A member who does not register an address with the Charity or who registers only a postal address that is not within the United Kingdom shall not be entitled to receive any notice from the Charity.

11 Quorum

(1) No business shall be transacted at any general meeting unless a quorum is present.

(2) A quorum for an AGM/SGM is twenty members entitled to vote upon the business to be conducted at the meeting; or twenty percent of the total membership at the time, whichever is the greater.

(3) Quorum for the Executive committee (EC) meeting will be at least fifty percent of Executive Committee members.

12 Chair

(1) General meetings shall be chaired by the person who has been appointed as Chairperson.

(2) If the Chairperson is not present with a valid reason the Secretary or the Treasurer shall chair the meeting.

(3) If no Executive Officer (Chairperson, Secretary or Treasurer) is present the meeting is postponed to another suitable date.

 13 Votes

(1) Each member shall have one vote but if there is an equality of votes, then the person who is chairing the meeting shall have a casting vote in addition to any other vote he or she may have.

(2) Those members who cannot be present physically at a meeting, with a valid reason, may vote by proxy or electronic method as decided by Executive Committee from time to time.

 (14) Governing Structure of the Charity

The Charity shall be managed by the Executive Committee, comprising of:

(A) Executive Officers: (3)

                    Chairperson, Secretary and Treasurer

(B) Co-ordinators of Subcommittees (variable)

(C) Holding Trustees (5)

(15) The Election of members of Governing structure

(1)The method of election will be preferential voting following nomination of candidates by members.

(2)The term of the Executive Committee is for a period of two years.

(3)The term for the Holding Trustees is for a period of four years.

(4) Method to fill up any vacancy in the Executive Committee would be by

Re- election for that vacant post as per clause 15(1)

(16)  Roles and Responsibilities of Executive Committee

Following duties are only indicative and not exhaustive. Both Executive Officers and other Executive committee members will work as a team and take decisions collectively.

 CHAIRPERSON:

  • Will be responsible to conduct the meeting of the executive committee (EC).
  • Must liaise with other Executive Officers.
  • To call for an Executive committee meeting with the help of the Secretary.
  • Will be the first point of contact with the media regarding affairs of the Charity.

 SECRETARY:

  • Will deal with all administrative work and correspondence.
  • Responsible to maintain proper record of every matter concerning the Charity.
  • Call for the meeting of the Executive committee after consulting the Chairperson. This meeting would be held at least five times a year.
  • Keep minutes of
    •  Appointments of Executive Committee Members;
    •  Proceedings at meetings of the Charity;
    •  Meetings of the Executive Officers and Executive members including:
      • The names of the Executive Officers present at the meeting;
      • The decisions made at the meetings; and
      • Where appropriate the reasons for the decisions.

 TREASURER:

  • Will be responsible for maintaining the financial record of the Charity such as maintaining account etc.
  • Will liaise with the accountant for the preparation of the annual account of the charity and present the annual account to members at the time of AGM of the Charity.
  • Will present up-to-date financial report to the Executive Committee on a regular basis during the meetings and answer any query relating to finance raised by the members.
  • Will maintain up-to-date register of members of the Charity.

 OTHER EXECUTIVE COMMITTEE MEMBERS: (ECM)

  • Will represent their Sub committees in the meetings of Executive Committee.
  • Will lead the sub committees.
  • Will liaise closely with Executive Officers.
  • Will be responsible for the working of the subcommittee.
  • Will communicate effectively with the Members.

HOLDING TRUSTEES:

  • Will be responsible for the maintenance of and matters relating to the assets of the organisation.

(17)Disqualifications and Removal of Executive Committee members

An Executive Committee Member(ECM)  shall cease to hold office if he or she:

(1) Is disqualified from acting as an ECM by virtue of section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision);

(2) Ceases to be a member of the Charity;

(3) Becomes incapable by reason of health, illness or injury of managing and administering his or her own affairs;

(4) Resigns as an ECM by notice to the Charity (but only if at least two Executive Officers will remain in office when the notice of resignation is to take effect); or

(5) Is absent without the permission of the ECMs from all their meetings held within a period of six consecutive months and the Executive ECMs resolve that his or her office be vacated.

 (18) Annual Report and Return of Accounts

The Executive Officers must comply with their obligations under the Charities Act 1993 with regard to:

(a) The keeping of accounting records for the Charity;

(b) The preparation of annual statements of account for the Charity;

(c) The transmission of the statements of account to the Charity;

(d) The preparation of an annual report and its transmission to the Commission;

(19) Registered particulars

The Executive Officers must notify the Commission promptly of any changes to the Charity’s entry on the Central Register of Charities.

(20)  Insurance

The Executive Committee must insure suitably in respect of public liability and employer’s liability.