constitution of ray of hope
PreambleThe Tamil people in the island known as Sri Lanka has undergone severe hardship due to the war and natural disasters. The victims of these disasters are left to fend for themselves as the island has no welfare system. A need has arisen to form an organisation to provide support to these people so that they can rebuild their future to live in dignity. In a climate of political uncertainty and tensions between various communities in the island, these battered people are receiving very little attention. It is in this backdrop, people who value human life have come together to form an organisation to give hope to those who need help.
CHAPTER IThe name of the organisation shall be RAY OF HOPE, hereinafter referred to as RAY.
Ray of Hope is a Non Governmental Organisation (NGO).
The following shall be the objectives of RAY:
3.1. To be an independent, non political and humanitarian organisation working for the benefit of the Tamil people affected by the war and natural disasters, helping them to rebuild their lives to lead a peaceful life with dignity.
3.2. To facilitate rehabilitation of the affected people by improving their social, economic and basic living conditions.
3.3. To facilitate connecting affected families with sponsors living outside Sri Lanka to sustain them until they rebuild their independent lives.
3.4. To work with all government and non government agencies around the world in attending to the socio-economical, physical and psychological wellbeing of the Tamils in the island of Sri Lanka.
3.5. To carry out all such activities that are conducive to the attainment of the above objectives including but not limited to raising funds for the purpose.
The income and property of RAY, whenever derived, shall be applied solely towards the promotion of the objects of RAY as set forth in clause 2 above; and no portion thereof shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit to the members of RAY provided that nothing herein shall prevent the payment in good faith, of reasonable and proper remuneration to any officer or employee of RAY for the services actually rendered or reimbursed of any verifiable expenditure actually incurred.
Anyone satisfying the following criteria may become a member of RAY.
5.1. Criteria for membership- Should be aged 18 years or over at the time of application for membership.
- Should subscribe to all the objectives set out in article 2 of this constitution.
- Should agree to abide by all the governing laws and regulations of the organisation.
- Should pay the prevailing membership fee at the time of application.
- To attend, speak and vote at all general meetings of RAY subject to regulations thereof.
- To participate and contribute at all activities of RAY.
- To stand as a candidate for election for any position in the Executive Committee.
A Member ceases to be a member of RAY
- If the Member resigns his/her membership by notice in writing to the Secretary. Notwithstanding the resignation, the member should pay all outstanding membership fees. The resignation takes effect on the date of acceptance of the resignation by the board.
- If removed from the members list of RAY, where the Executive Committee by a simple majority resolves that, in its opinion, the member has acted in any manner that brings RAY into disrepute or willfully acted in a manner prejudicial to the interest of RAY or acted contrary to its objects.
- If any monies due by a member to RAY remains unpaid for two consecutive financial years.
- at the death of the member
6.1. Annual General Meeting
RAY shall in each year hold a general meeting as its Annual General Meeting in addition to any other meeting in that year, and shall specify the meeting as such in notices calling it; and not more than fifteen months shall elapse between the dates of one AGM and the next.
6.2. Extraordinary General Meeting (EGM)
The General Secretary shall convene a meeting by giving at least 21 Days notice to all members.
The Executive Committee may convene an Extraordinary General Meeting (EGM),
- where one is deemed necessary to discuss a matter which cannot be deferred until the next AGM.
- upon a written request submitted to the General Secretary, signed by one third of the members, to discuss a specific matter. The written request should specify the purpose of the meeting.
- By giving notice applicable to an AGM as well as setting out specific matters giving rise to an EGM.
6.3. Notice
A notice may be given to any member either by hand, by post or electronically to the correspondence address provided by the member. Where a notice is sent by post or by electronic means, service of the notice shall be deemed to be effected at the expiration of 24 hours after the time at which the mail would be delivered in the ordinary course.
- The notice must include the date, time, venue of the AGM, the address to which proxies should be sent and the general nature of the business to be transacted.
- A proxy form should be sent with the notice of the AGM. Proxies are allowed to vote and speak at an AGM.
- An agenda shall be included with the notice. The following shall be the minimum agenda items at an AGM.
- The minutes of the previous AGM and other EGMs since the last AGM.
- Financial Report by the Treasurer
- Report by the Chair
- Election of Executive Committee for the following term.
- Appointment or re-appointment of the auditors.
6.4. Appointment of a proxy
- Each Member may appoint another Member as proxy. The General Secretary shall be the recipient of all proxy forms. The proxy forms may be sent by mail or be submitted in person to the Secretary at least twenty four (24) hours before the scheduled commencement of the meeting.
- The notice appointing the proxy shall be in the form, or in a copy of the form, prescribed by RAY. The form shall provide for the appointment of an alternative proxy. The form shall provide the options for the Member to specify whether the proxy will vote in favour of a motion, against a motion, or in any manner the proxy chooses to vote. The prescribed proxy form shall be included with the notice calling the meeting or be made available on the Organisations official website.
- The proxy shall be counted to be in favour or against a particular motion or motions for which the Member has specifically authorised the proxy to vote in the specified manner. For all other matters, the proxy is free to vote in any manner as he/she thinks fit or abstain from voting if the member so he/she chooses to do so.
- The notice appointing the proxy shall be witnessed or endorsed by another Member of RAY. The General Secretary or Chairperson shall make it available for inspection at the commencement of every meeting.
- The notice appointing the proxy is valid only for the meeting for which it is given or for its adjournments, if any.
- The proxy may be revoked by giving notice in writing to the Secretary at any time before the commencement of the meeting for which the proxy is given or before the commencement of its adjourned meeting, if any.
- The proxy shall be held to be invalid if the Member appointing the proxy is present in person at the meeting for which that proxy was appointed or its adjournments.
- The names of all the Members who have appointed proxy shall be read and noted accordingly in the minutes of that meeting.
6.5. The Chair
- The meeting shall be presided over by the Chairman or in his absence, by the Vice Chairman. If both are not present, the members present shall elect a member present to preside over the meeting.
6.6. Quorum
- Quorum for an AGM and EGM shall be one third of the registered members of the constituency as at a date three months prior to the date of the general meeting.
- No business shall be transacted at any General Meeting unless a quorum is present when the meeting proceeds to business. The quorum shall be twenty one ordinary members or one tenth of the membership, whichever is the greater.
- If within half an hour of the appointed time for the holding of the meeting a quorum is not present, the Management Committee shall have the power to adjourn the meeting to the same day in the next week at the same time and place or any other place.
- With the consent of the members present at the meeting, the Chairman may adjourn a meeting from time to time without altering the agenda. Whenever the meeting is adjourned over 30 days the notice of the adjourned meeting shall be given in the same manner as the original meeting.
7.1. The activities of RAY will be co-ordinated and managed by an Executive Committee elected by members. The executive committee will comprise of the following.
- Chair
- General Secretary
- Treasurer
- 6 Committee members
7.2. RAY will have operating branches in various countries. The activities of each of these branches will be co-ordinated by a Country Secretary resident in the respective country.
7.3. Country Secretaries will report to the Executive Committee of RAY regularly at a time, place and through a medium agreed by the committee.
7.4. The Executive Committee may appoint ad-hoc committees to undertake special projects. These committees will function until the completion of the project.
7.5. The PEC shall have powers to appoint salaried staff to carry out the business of RAY.
7.6. The terms and conditions of Contracts of Employment of Employees of RAY shall be determined from time to time by the PEC.
7.7. Any vacancy for the stipendiary posts in RAY shall be advertised by public notice.
7.8. No person shall be eligible to be appointed to any stipendiary post while serving as a member of the PEC and during the period for which he or she was elected.
7.9. The PEC may from time to time and at any time by power of attorney appoint any association, firm or person or body of persons whether nominated directly or indirectly by the PEC, to be the attorney or attorneys of RAY for such purposes and with such powers, authorities and discretions (not exceeding those vested in or exercisable by the PEC under these Articles) and for such period and subject to such conditions as they may deem fit, and any such powers of attorney may contain such provisions or the protection and convenience of persons dealing with any such attorney as the PEC may deem fit and may also authorise any such attorney to delegate all or any of the powers, authorities and discretions vested in him/her.
7.10.The PEC shall have powers to open and operate accounts with banks and building societies, invest or borrow from such institutions within the objects of RAY.
7.11.Cheques on RAY’s bankers, until otherwise from time to time resolved upon by the PEC, shall be signed by two designated members of the PEC one of whom shall be the Treasurer. The banking account of RAY shall be kept with such bankers or building societies as the PEC shall from time to time determine.
7.12.The PEC Secretary shall cause minutes to be made in books provided for the purpose in respect of :-
- All appointments of officers made by the PEC.
- All the names of the members present at each meeting of the PEC.
- All resolutions and proceedings at all meetings of RAY, and of the PEC.
Every member of the PEC present at any meeting of PEC shall sign his name in a book to be kept for that purpose.
Chair, General Secretary and Treasurer may hold office for one year and have the right to stand for re-election for another term as long as they had not held that office for more than a year. No member may hold the same office for more than two consecutive years. Any member may stand for re-election to an office he/she previously held as long as his tenure is not continuous for more than two years.
9.1. PEC shall meet at least once in a month.
9.2. Quorum of PEC Meetings
The quorum for the PEC meetings shall be 4
The office of a member of an Executive Committee shall be vacated if the incumbent;
- Becomes bankrupt or convicted of a criminal offence (motor traffic offences excluded)
- Is declared clinically insane.
- Resigns by giving notice in writing to the Secretary.
- Is absent from three consecutive meetings of the Management Committee without adducing satisfactory explanation.
- Is removed from office by a resolution passed at a General Meeting.
The members of the PEC shall provide for the safe custody of the seal, which shall only be used by the authority of the PEC and every instrument to which the seal shall be affixed shall be signed by a member of the PEC and shall be countersigned by the General Secretary or by a second member of the PEC
Any provisions of the Constitution may be amended (including change of name) by a special resolution in which more than three fourths of all members being present in person or by proxy, vote in favour of such amendment(s), at a meeting convened, giving at least twenty one (21) days notice to the members, specifying the proposed amendment(s).
If upon the winding up or dissolution of the there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the Members of RAY, but shall be given or transferred to some other institution or institutions having objects similar to the objects of RAY, and which shall prohibit the distribution of its or their income and property amongst its or their members.
The chair shall preside over all the meetings of the executive committee meetings and the general meetings.
GENERAL SECRETARYThe General Secretary shall be elected by the members for such time on such conditions as they may think fit, and any General Secretary so appointed may be removed by the members.
- record the minutes of the meetings of the PEC and of the general meetings in the record of minutes maintained for that purpose.
- Ensure that all notices are duly given within the provisions of the articles of this constitution.
- Ensure that all books, reports, certificates and all other documents and records required by law are properly kept and maintained.
- have custody of the Seal of RAY.
- Perform such other duties as the Executive Committee may determine.
- Ensure that the minutes of the General Meetings and the meetings of the Executive Committee are recorded in English together with an accurate translation in Tamil.
The Treasurers shall cause proper books of account for their respective domain to be kept with respect to:
- all sums of money received and expended and the matters in respect of which the receipt and expenditure take place.
- all sales and purchases of goods.
- the assets and liabilities.
The proper books of account shall not be deemed to be kept if these are not kept in such books of account as are necessary to give a true and their view of the state of RAY’s affairs and to explain its transactions.
The members of the Management Committee shall from time to time determine whether and to what extent and at what times and-places and under what conditions or regulations the accounts and books of RAY shall be open to the inspection of members not being members of the Executive Committee, and no person (not being a member of RAY) shall have any right of inspecting any account book or document of RAY except as or authorised by the members of the Executive Committee or by a resolution at a General Meeting.
A copy of every balance sheet (including every document required by law to be annexed thereto) which is to be laid before the members in a General Meeting, together with a copy of the Auditor’s report, shall, not less than seven days before the date of the meeting, be sent to every member.
The Accounting Period of the Ray shall commence from the First day of April of a year and shall end on the Thirty-first day of March of the year next succeeding.
True accounts shall be kept of the sums of money received and expended, and the matters in respect of which such receipts and expenditure take place, and of the property, shall be open to the inspection of the Members.
Auditors shall be appointed at the Annual General Meeting on the recommendation of the PEC.
A notice may be given to any member either personally or by sending it by post or electronically to the address provided by the member. Where a notice is sent by post or by electronic means, service of the notice shall be deemed to be effected at the expiration of 24 hours after the time at which the mail would be delivered in the ordinary course.
14.2 Notice of every General Meeting shall be given in any manner hereinbefore authorised to:- Every ordinary member except those members who (having registered address within the united Kingdom) have not supplied to RAY an address within the United Kingdom for giving of notices to them; and
- The Auditor for the time being of RAY.
Each nine positions of the executive committee shall be filled by members of RAY who have the support of at least two other members. A members wishing to be nominated for any position should submit a nomination form signed by the nominee, proposed by a member and seconded by another member. All three signatories to the nomination form should be fully paid up members eligible to vote at a general meeting satisfying all the membership criteria.
If there are more than one nominations for a position of office bearer or there are more than 6 nominations for the committee members then there shall be an election to choose the candidate(s). The election shall be through a secret ballot.
Each member will have one vote and the candidate with a simple majority shall be elected to an office. In the case of committee members, the first 6 members polling the highest votes shall be elected to the committee.
In case of a tie, the chair during the AGM shall have a casting vote in addition to his one vote as a member. The tying candidate who receives the casting vote shall be elected to the position.