Malayali Association of Dudley Constitution

Membership to the Association is subject to its constitution. All members are to read and abide by the rules within.

THE CONSTITUTION OF THE MALAYALI ASSOCIATION OF DUDLEY

1. Name of the Association

1.1 The Name of the Association shall be MALAYALI ASSOCIATION OF DUDLEY (M.A.D.).

2. Adoption of Constitution

2.1 The association and its property will be administered and managed in accordance with the provisions laid down in this constitution.

3. Address of the Association

3.1 The correspondence address of the Association shall be the address of either the President or the Secretary of the Association and shall be agreed at the first Governing Body Meeting following elections to the Governing Body every two years.

4. Area of Operation

4.1 The geographical area of operation of the Association shall comprise of Dudley and surrounding areas. Any memberships from outside these specified areas will be up to the discretion of the Governing Body. An application shall be submitted to the Governing Body for their scrutiny and consideration.

5. Aims and Objectives

5.1 To promote solidarity, unity and co-operation of the member families and individuals in the target communities for the attainment of their social, cultural, artistic and educational development and the community in general.

5.2 To promote an awareness about the culture and heritage of Great Britain.

5.3 To promote friendship and community spirit among the target communities.

5.4 To promote and provide forums which enable target families especially their children to learn about the culture, heritage, values and language of Kerala and celebrate festivals associated with culture of Kerala.

5.5 To promote racial harmony, cultural diversity and to promote unity within this rich diversity of culture in the target areas.

5.6 To cooperate and engage with other organizations and communities in the target communities in matters of common interest and benefits.

6. Powers and Functions

In order to attain the aforesaid objectives, the association will have the following powers and functions.

6.1 To take up development and welfare programmes for the target members especially for their social, cultural and economic improvement.

6.2 To undertake programmes for the promotion of sports and artistic of the members with the support of internal and external resources mobilised in cash and kind for the same.

6.3 To organise avenues and platforms for imparting various forms of art, music, sports and cultural activities prevalent in Kerala for the benefit of the target members.

6.4 To organise educational events, training programmes, exchange visits, exposure tours and human resource development programmes for the target members.

6.5 To work hand in hand with other community associations and initiatives in the UK and other parts of the World.

6.6 To organise and host conferences, seminars and consultations meets that would further the aims and objectives of the Association and improve its activities.

6.7 To promote and undertake research and studies, print and publish reports and books and disseminate information as and when required to all members as well as to the general public.

6.8 To purchase, take on lease or in exchange, hire or otherwise acquire any land, building or real personal property and any rights or privileges which the association may think necessary or convenient for the promotion of its aims and objectives and to construct, maintain and alter any buildings or erections necessary or convenient for the works of the association.

6.9 To sell, mortgage, dispose of or turn to account all or any of the property or assets of the association as may be thought expedient with a view to the promotion of its aims and objectives and betterment of its members.

6.10 To raise funds locally, nationally and internationally by way of grants, donations, contributions, loans and advances from banks, financial institutions, government, individuals and national and international associations for the improvement of the conditions of the target group of the association and furtherance of its objectives and programmes and mortgage the properties of the association as and only when required for the same.

6.11 To do all other things legally viable for the furtherance of the aims and objectives of the association as specified in the constitution of the association.

7 Membership

7.1 Membership is given to any person who follows the rules of the association’s constitution and who shall fulfil the requirements as laid down in the constitution. There shall be two types of membership in the Association. viz life membership and ordinary membership.

7.2 All applications for membership shall be on the prescribed application form of the Association along with membership fee.

7.3 All membership or renewal of membership is subject to the decisions of the Governing Body and the Governing Body has the right to reject or approve the application for membership.

7.4 Life membership - Life membership is given to any person who subscribes to the aims and objectives of the association, who shall fulfil the requirements as laid down in the constitution and pays a one-time membership fee of £1OO.OO (One Hundred Pounds Only).

7.5 Ordinary Membership — There are three types of ordinary membership. Ordinary membership is given to any person who subscribes to the aims and objectives of the association, who shall fulfil the requirements as laid down in the constitution and pays the prescribed membership fee as appropriate.

a) Family membership

b) Single membership

c) Students

7.6 The frequency for the payment of ordinary membership fee and may be reviewed by the General Body from time to time.

7.7 All members, who are above the age of 18 years, have one single non- transferable vote. However members who are part of the same family cannot cast their vote together in an election or in a voting matter as long as they are part of the family membership. However any member of the same family who have taken a separate association membership and are above the age of 18 years can have separate voting rights even if they are part of the same household.

7.8 All members shall have the right to hold duties within the Association.

7.9 A member upon admission becomes liable to all obligations as well as is entitled to all privileges of the membership of the Association.

7.10 The membership of a member shall not be transferable by his/her own act or any other manner.

7.11 Any member may give up his/her membership at self-will at any time upon written notice to the President, in which case he/she shall no longer share in the activities and benefits of the association.

7.12 The Governing Body can suspend and remove any member from membership if he/she is found working against the aims and objectives of the association or found working against requirements laid down in the Constitution. The concerned party shall be given 14 days period to submit a written explanation to the Governing Body from the date of the issuance of the notice to suspend him/her. On the basis of the explanation given by the member, the Governing Body shall take a decision on withdrawing the suspension on the concerned member or removing the membership permanently by a majority vote of the Governing Body members present and voting.

7.13 In the event of a removal of membership, the charges against the member shall be intimated to the member in writing by the Secretary and the member shall be given 21 days period to appeal before an Arbitration Board constituted by the Governing Body for the same.

7.14 The Arbitration Board shall be an independent body and will examine whether the criteria for removal of membership was met and decision will be made within a period of three months. The decision of the Arbitration Board shall be binding on the Governing Body.

8. General Body

8.1 The General Body comprises of all the members.

9. Powers of the General Body members (Life and Ordinary Members)

9.1 To elect the office-bearers and members of the Governing Body of the Association.

9.2 To decide on all policy matters relating to the association.

9.3 To approve the annual statement of accounts and annual report.

9.4 To amend the constitution of the Association where necessary, subject to the provisions of Charity Law for England and Wales.

9.5 To decide on the removal of the Office Bearers of the Association.

10. Meeting of the General Body

10.1 The General Body shall meet at least once a year, which is the Annual General Meeting.

10.2 The General Body can hold special meeting if 1/3rd of the members request so in writing to the Secretary/President unless otherwise decided by the Governing Body.

10.3 The Secretary, on the decision of the Governing Body shall summon all meetings of the General Body and notice of the general Body Meeting shall be given to all members at least 14 days before the meeting.

10.4 The quorum for the General Body meeting is of the existing members.

10.5 All General Body meeting shall be presided by the President or Vice-President in the event of the absence of the President or by one among the members of the Governing Body elected by the

Governing Body in the event of the absence of both President and Vice-president.

11. Governing Body

11.1 There shall be a Governing Body elected by the Annual General body Meeting from among the members, commencing from the month of April for a term of two years.

11.2 The size of the Governing Body shall be a maximum of 20 members which consists of Office Bearers of the Association and other elected members from the General Body.

11.3 Any vacancy/ to members of Governing Body, except the Office Bearers, shall be filled at the following Annual General Body Meeting.

11.4 The Governing Body shall meet at least once in three months.

11.5 Any member of the Governing Body absent in the meetings of the Governing Body consecutively for three times without intimating satisfactory reasons will cease to be a member of the Governing Body.

11.6 All decisions in the Governing Body are taken on a majority vote of the members present and voting.

11.7 All members of the Governing Body are eligible for a single non-transferable vote.

11.8 In the event of a tie, the President can exercise casting vote.

11.9 The Governing Body can suspend or remove any of members, other than the Office Bearers, from membership if he/she is found working against the aims and objectives of the association or found working against requirements laid down in the Constitution. The concerned party shall be given 14 days period to submit a written explanation to the Governing Body from the date of the issuance of the notice to suspend him/her. On the basis of the explanation given by the member, the Governing Body shall take a decision on either withdrawing the suspension on the concerned member or removing the membership permanently by a majority vote of the Governing Body members present and voting.

11.10 In the event of a removal of membership, the charges against the member shall be intimated to the member in writing by the Secretary and the member shall be given 21 days period to appeal before an Arbitration Board constituted by the Governing Body for the same.

11.11 The Arbitration Board shall be an independent body and will examine whether the criteria for removal of membership was met and a decision will be made within a period of three months. The decision of the Arbitration Board shall be binding on the Governing Body.

12. Powers and functions of Governing Body

12.1 To manage the administration of the association and take direct responsibility of its programmes.

12.2 To hold all assets of the association and use them for the welfare of the target groups that the association serves.

12.3 To receive all receipts and make all payments and acquire and dispose of all wealth of the association.

12.4 To plan the programmes and policies of the association and prepare appropriate budgets for the programmes and mobilise resources perceived in the plans and programmes.

12.5 To mortgage sell or alienate any property of the association for the benefit of the target group that the association serves.

12.6 To elect or appoint any casual vacancy of office-bearers of the association from among the members of the Governing Body.

12.7 To appoint and terminate staff of the association and its projects and decide their salaries and other terms and conditions of employment.

13. Powers and Functions of the Office Bearers

13.1 The General body in its meeting shall elect five Office-Bearers of the association such as President, Vice-president, Secretary, Joint Secretary and Treasurer. They shall continue as the office-bearers for the term of the Governing Body as long as they enjoy the confidence of the General Body. The Governing Body shall fill any casual vacancy of office-bearers on a majority decision.

14. President

14.1 The Annual General Meeting shall elect one of its members as President of the association for a term of two years. In the event of absence of President the Vice-President shall exercise his powers and functions. The General Body in its next meeting shall fill any vacancy to the office of the President.

14.2 The Governing Body can suspend the President by a majority vote if he/she ceases to enjoy the confidence of the Governing Body. The General Body can remove the President if he/she ceases to enjoy the confidence of the General Body.

14.3 The President shall preside over all meetings of the General body and Governing Body of the association.

14.4 All assets of the association shall be held in the name of the President.

14.5 The bank accounts of the association shall be operated by the President jointly with Treasurer/Secretaty.

14.6 The President shall give directions to other office-bearers regarding the work to be undertaken for the association.

14.7 The President is empowered to exercise the casting vote in the event of a tie in any decision-making process relating to the association.

14.8 The President shall represent the association either jointly with Secretary and other office-bearers or individually as decided by the Governing Body.

14.9 The President either jointly with Secretary and other office-bearers or individually as decided by the Governing Body shall attend all legal proceedings for and against the association.

15. Vice - President

15.1 The General body shall elect a Vice-President from one of members in meeting for a term of two years. The Vice-President shall exercise the powers of the President in his absence if authorised so by the President or approved by the Governing Body. The Governing Body shall fill any casual vacancy in the

office of Vice-President by a majority vote.

15.2 The Vice-President shall preside over the Governing Body and General Body meeting in the absence of the President.

15.3 The Vice President shall exercise all powers of the President in the absence of the President if so decided by the Governing Body.

15.4 The Governing Body can suspend the Vice-President by a majority vote if he/she ceases to enjoy the confidence of the Governing Body. The General Body can remove the Vice-President if he/she ceases to enjoy the confidence of the General Body,

16. Secretary

16.1 The Annual General Body Meeting shall elect a Secretary for the association from among its members for a term of two years. The Secretary shall be the Chief Executive Officer of the association. The Governing Body in its meeting shall fill any casual vacancy to the office of the Secretary.

16.2 The Governing Body can suspend the Secretary by a majority vote if he/she ceases to enjoy the confidence of the Governing Body. The General Body can remove the Secretary if he/she ceases to enjoy the confidence of the General Body.

16.3 The Secretary shall hold the custody of all the documents of the association.

16.4 The Secretary shall manage the day-to-day affairs of the association according to the directions of the President and resolutions of the Governing Body.

16.5 The Secretary shall implement the decisions of the Governing Body and report the progress to the meetings of the Governing Body.

16.6 The Secretary shall summon all the meetings of the Governing Body and General Body according to the directions of the President.

16.7 The Secretary shall represent the association jointly with the other office-bearers or severally according to the decision of the Governing Body.

16.8 The Secretary shall attend all legal proceedings for and against the association jointly with the other office-bearers or severally.

16.9 The Secretary shall initiate all communications and correspondence of the association.

16.10 The Secretary shall administer the petty cash of the association and approve of all the and payments.

17. Joint Secretary

17.1 There shall be a Joint Secretary elected by the General Body at its meeting from among its members. The joint Secretary shall assist the secretary in all the matters arising with the Secretary. The Governing Body in its meeting shall fill any casual vacancy in the office of the joint Secretary.

17.2 The joint Secretary shall exercise all powers of the Secretary in the absence of the Secretary it so decided by the Governing Body

17.3 Governing Body can suspend the joint Secretary by a majority vote if he/she ceases to enjoy the confidence of the Governing Body.

18. Treasurer

18.1 The General Body in its meeting shall elect a Treasurer from among its members for a term of two years. The Governing Body in its next meeting shall fill any casual vacancy in the office of the Treasurer.

18.2 The Treasurer shall keep the books of accounts of the association and operate the bank accounts of the association jointly with President/Secretary.

18.3 The Treasurer shall present statements of accounts of the interim period in all the meetings of the Governing Body and seek approval from the Governing Body.

18.4 The annual statement of audited accounts shall be presented by the Treasurer and seek the approval of the meeting of Governing Body and General Body.

18.5 The Governing Body can suspend the Treasurer by a majority vote if he/she ceases to enjoy the confidence of the Governing Body. The General Body can remove the Treasurer if he/she ceases to enjoy the confidence of the General Body.

19. Funds

19.1 The funds of the association comprised of membership fee, contributions, advances, grants and donations from members and others, loans from financial institutions, individuals and government bodies etc.

19.2 All the funds of the association shall be kept in bank/building society account and operated jointly by the President and Treasurer/Secretary.

19.3 The treasurer is entitled to keep to a maximum of £300.00 (Three hundred pounds only) and all the petty cash vouchers shall be approved by the Secretary.

20. Accounts/Audit

20.1 All receipts and expenditure of the money shall be properly accounted and quarterly statement of accounts presented in the meeting of the Governing Body by the Treasurer and approved by the Governing Body.

20.2 There shall be two internal auditors elected by the Annual General Body meeting for the auditing of the accounts for a term of two years, Such statements audited by the internal auditors shall be further verified by the Chartered Accountants if so required legally.

20.3 Accounting period of the organisation is annual and the financial year is from 1st April to 31st March unless otherwise decided by the General body Meeting.

20.4 A copy of the Annual Statement of Accounts approved by the General Body shall be disseminated among the General Body Members.

21. Dissolution

21.1 The quorum for the General Body meeting called to decide on the dissolution of the association shall be 2/3 of the total members of the association. The association can be dissolved by a decision taken at the above General Body meeting with 2/3

majority of the members present and voting.

21.2 On dissolution, the assets of the association shall be handed over to any similar or other appropriate association after liquidation and clearance of the liabilities.

22. Advisor

22.1 The Governing Body may elect an advisor to advise the Governing Body on its decision-making process. The advice given by the advisor is however not binding on the Governing Body.

23. Amendments

23.1 Any amendment to the constitution of the association can be made by the General Body meeting of the association with 2/3rd majority of the members present and voting.

24. Liability and Legal Disclaimer

24.1 Membership to the association is subject to the terms contained in the constitution of the association.

24.2 The association, its president, secretary, treasurer, committee members (hereinafter ‘officers’) or other members or non-members, agents, hires, etc., acting in good faith will not be held liable for any illegal acts or omissions, violations of rights, damages caused to any individual or other bodies by any one or more of the officers or members or non-members in connection with activities or events of the association. Such acts shall not to be construed as done under the authority or representation of the association or whole of some of its officers or members. There is no collective liability under any circumstances. Liability for any or all such violations or damages shall be borne by the individual or officer responsible for such violation or damage. Any amendment to the constitution shall not be retrospective for this matter.

24.3 The association may organise large or small social events for its members or non-members. The officers, members or non-members, agents, hires of the association acting in good faith will not be held liable individually or collectively for any illegal acts or omissions or violations of rights or laws or damages caused by any member or non-members of the association participating or present in such social events.

24.4 The association values safety children and other vulnerable members of the community at large. Such that, it shall be the responsibility of individual members of the association to safeguard the interests of children and other vulnerable members of their family and other families they interact with. Liability of negligence by the guardian or parent of a child or vulnerable person or safeguarding violation of a member or a non-member will not extend to the association or any of its officers or other members under any circumstances. Any members shall report any form of abuse they may witness to the president or secretary or other officers of the association.

24.5 The events of the associations may be organised in auditoriums or other venues which may be near other clubs, or associations. The members agree to act in manner not violative of any interests of such clubs or associations and shall strictly maintain the decorum or decency of a family event at all times. Any member found to be in violation of this or any other provisions of the constitution shall be liable for their own actions.

24.6 The association will not tolerate incidents including but not limited to drunk and disorderly behavior, sexual harassment, fights, public nuisance, racism, religional bias etc. The members agree to promote a friendly and caring atmosphere at all events of the association.

24.7 By joining the association the members agree that they may appear on photographs and videos taken from the association gatherings and such will be used on including but not limited to social media, print medium, advertisemetns etc. Any members or nonmembers who do not want themselves or people under their guardianship to be photographed, shall give written notice to the president or secretary of the association.

24.8 The association and its officers will not be liable for the safety of the vehicles and other belongings of members or non-members of the association taking part or present in any events or activities of the association.

24.9 The food prepared for association events may contain nuts, soya, gluten, and other allergens. Members and non-members participating in events are responsible to avoid any food that they or their family members may be allergic to. The association or its officers or other members will not be liable for any loss or damage caused due to consumption of any food.

24.10 The responsibility for food cooked for events of the association shall be that of the catering groups or restaurants the association entrusts such jobs to. Such groups shall be responsible for obtaining and updating relevant licenses and

permissions from local or national authorities whichever is relevant. The association or its members will not be liable for any violations or damages due to inadequate licenses or permissions.

24.11 The association shall not refund any amount in part or in full that may have been utilised or un-utilised. The association or its officers or members will not be liable for non-performance of events due to unforeseen circumstances including but not limited to war, cyclone, forest fires, riots, etc.

24.12 The association and its officers will not be liable for fire and safety, food safety, safeguarding incidents etc., on rented venues which shall be the sole responsibility of the auditorium or venue owners, catering groups, parents, and guardians, etc.

24.13 In an event of a dispute the matter shall be referred to an arbitrator agreed by parties to the dispute. And the decision taken by the arbitrator will be final.

24.14 All members and non-members taking part in any activities or events of the association should consult with a licensed professional their fitness for such activities or events. The information received from the association is not professional medical, legal, financial or any other form of professional advice. The association or any of its members will not liable to anybody or any organisation for any loss or damages caused due to the use of any such information.

President Secretary

Vice President Treasurer Joint Secretary