Name and Address
Aims and Objectives
Interpretation
Membership
Administration of the Association and the Management Committee
General Meeting
Funds
1. Source
2. Management
Records and Books
1. Custody of Records and Books
2. Inspection of Records and Books
Financial Year
Amendments to the Constitution
Dissolution

1. Name and Address

The name of the Association shall be CHAVAKACHCHERI HINDU COLLEGE OLD STUDENTS ASSOCIATION NSW AUSTRALIA INC.

The Association shall have a postal address, which may or may not be the same as the Association office location.

2. Aims and Objectives

To promote, foster and maintain links between the Association’s members;
To provide recreational, social, development needs, services and opportunities to the Association and its members;
To maintain links with present College authorities and students and obtain information on the requirements of financial assistance required for the development of the College;
To raise funds through donations from its members and well-wishers, organize concerts and cultural functions and other activities for the purpose of meeting the aims and objectives of the Association;
To provide financial and material assistance to build, rebuild, renovate, expand or set-up facilities to the College;
To provide educational assistance to deserving College students;
To maintain links with similar CHC OSA Associations in other parts of the world;
To associate with other Associations with similar objectives, based in Australia.
Generally, to do, to engage in and execute all such other acts, deeds or things as are or may be necessary for or incidental or conducive to attainment of the objectives of the Association.

3. Interpretation

In this constitute, unless a contrary intention appears:

“the Association” means the CHAVAKACHCHERI HINDU COLLEGE OLD STUDENTS ASSOCIATION NSW AUSTRALIA INC;

“the College” means the J/Chavakachcheri Hindu College, Chavakachcheri, Sri Lanka;

“CHC OSA” means the Chavakachcheri Hindu College Old Students Association;

“financial year” means the year ending on 30th June;

“ordinary Committee member” means a member of the management committee who is not an office-bearer of the Association;

“member on roll” means the member who has no arrears of the membership fees on the current financial year;

“the Act” means the Associations Incorporations Act 2009 of New South Wales;

“the Regulations” means Associations Incorporation Regulations.

4. Membership

4.1 Category of Membership

There shall be two categories of membership, namely, ordinary members and life members.

4.2 Eligibility

Ordinary and life membership shall be open to all old students and teachers of the College now resident in Australia.

4.3 Nomination for Ordinary and Life Membership

A nomination of a person for the ordinary and life membership of the Association:
1. Must be made by a prospective member of the Association in writing by completing the membership application form along with the subscription amount, and
2. Must be lodged with the secretary of the Association.
As soon as practicable after receiving a nomination for membership, the secretary must refer the nomination to the management committee which is to determine whether to approve or to reject the nomination.
As soon as practicable after the management committee makes that determination, the secretary must:
1. Notify the nominee, in writing, that the management committee approved or rejected the nomination (whichever is applicable), and
2. If the management committee had rejected the nomination the secretary must make arrangement to refund the money along with rejection notification.
The secretary must, enter or cause to be entered the approved nominee’s name in the register of members and, on the name being so entered, the nominee becomes a member of the Association.

4.4 Cessation of Membership

A person ceases to be a member of the Association if the person:

Dies, or
Resigns membership, or
Expelled from the Association, or
Fails to pay the annual membership fee where applicable under clause 4.8 within 3 months after the fee is due.

4.5 Membership Entitlements not Transferable

A right, privilege or obligation which a person has by reason of being a member of the Association:

Is not capable of being transferred or transmitted to another person, and
Terminates on cessation of the person’s membership.

4.6 Resignation of Membership

A member of the Association may resign from membership of the Association by first giving to the secretary written notice of at least one month (or such other period as the management committee may determine) of the member’s intention to resign and, on the expiration of the period of notice, the member ceases to be a member.
If a member of the Association ceases to be a member under sub clause (a) and in every other case where a member ceases to hold membership, the secretary must make an appropriate entry in the register of members recording the date on which the member ceased to be a member.

4.7 Register of Members

The secretary must establish and maintain a register of members of the Association specifying the name, email ID, phone number and postal or residential address of each person who is a member of the Association together with the date on which the person became a member. All personal information will be treated as confidential.
The register of members must be kept in New South Wales:
1. At the main premises of the Association, or
2. If the Association has no premises, at the Association’s official address.
A member must not use information about a person obtained from the register to contact or send material to the person, other than for:
1. The purposes of sending the person a newsletter, a notice in respect of a meeting or other event relating to the Association or other material relating to the Association, or
2. Any other purpose necessary to comply with a requirement of the Association Incorporation Act 2009 (Act) or the Association Incorporation Regulation 2010 (Regulation).
The membership registry must be updated at least 2 weeks before the Annual General Meeting.

4.8 Fees and Subscriptions

There shall be no fee for the admission of the membership of the Association.
The annual subscription for ordinary members shall be $10.00 per member and this sum may be increased or decreased from time to time by the management committee.
The life membership shall be one off payment of $100.00 per person and this sum may be increased or decreased from time to time by the management committee.
The annual subscription shall be paid:
1. Except as provided by paragraph (ii), below, before 1st of July in each calendar year, or
2. If the member becomes a member on or after 1st July in any calendar year – on becoming a member as stipulated in clause 4.3 and before 1st July in each succeeding calendar year.

4.9 Member’s Liability

The liability of a member of the Association to contribute towards the payment of the debts and liabilities of the Association or the costs, 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 clause 4.8.

4.10 Resolution of Disputes

A dispute between a member and another member (in their capacity as members) of the Association, or a dispute between a member or members and the Association, are to be referred to a community justice center for mediation under the Community Justice Centres Act 1983.
If a dispute is not resolved by mediation within 3 months of the referral to a community justice centre, the dispute is to be referred to arbitration.
The Commercial Arbitration Act 1984 applies to any such dispute referred to arbitration.

4.11 Disciplining of Members

A complaint may be made to the management committee by any person that a member of the Association:
1. Has refused or neglected to comply with a provision or provisions of this constitution, or
2. Has wilfully acted in a manner prejudicial to the interests of the Association.
The management committee may refuse to deal with a complaint if it considers the complaint to be trivial or vexatious in nature.
If the management committee decides to deal with the complaint, the committee:
1. Must cause notice of the complaint to be served on the member concerned, and
2. Must give the member at least 14 days from the time the notice is served within which to make submissions to the management committee in connection with the complaint, and
3. Must take into consideration any submissions made by the member in connection with the complaint.
The management committee may, by resolution, expel the member from the Association or suspend the member from membership of the Association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the facts alleged in the complaint have been proved and the expulsion or suspension is warranted in the circumstances.
If the management committee expels or suspends a member, the secretary must, within 7 days after the action is taken, cause written notice to be given to the member of the action taken, of the reasons given by the committee for having taken that action and of the member’s right of appeal under clause 4.12.
The expulsion or suspension does not take effect:
1. Until the expiration of the period within which the member is entitled to appeal against the resolution concerned, or
2. If within that period the member exercises the right of appeal, unless and until the Association confirms the resolution under clause 4.12, whichever is the later.

4.12 Right of Appeal of Disciplined Members

A member may appeal to the Association in general meeting against a resolution of the management committee under clause 4.10, within 7 days after notice of the resolution is served on the member, by lodging with the secretary a notice to that effect.
The notice may, but need not, be accompanied by a statement of the grounds on which the member intends to rely for the purposes of the appeal.
On receipt of a notice from a member under sub clause (a), the secretary must notify the management committee which is to convene a general meeting of the Association to be held within 28 days after the date on which the secretary received the notice.
At a general meeting of the Association convened under sub clause (c):
1. No business other than the question of the appeal is to be transacted, and
2. The management committee and the member must be given the opportunity to state their respective cases orally or in writing, or both, and
3. The members present are to vote by secret ballot on the question of whether the resolution should be confirmed or revoked.
The appeal is to be determined by a simple majority of votes cast by members of the Association.

5. Administration of the Association and the Management Committee

5.1 General

The affairs of the Association shall be managed by the management committee.

Any members of the management committee must not get any financial benefit by running the Association.

5.2 Powers of the Management Committee

Subject to the Act, the Regulation and this constitution and to any resolution passed by the
Association in general meeting, the management committee:

Is to control and manage the affairs of the Association, and
May exercise all such functions as may be exercised by the Association, other than those functions that are required by this constitution to be exercised by a general meeting of members of the Association, and
Has power to perform all such acts and do all such things as appear to the management committee to be necessary or desirable for the proper management of the affairs of the Association.

5.3 Composition of the Management Committee

The management committee shall consist of the office bearers of the Association and up to ten (10) ordinary committee members each of whom shall be elected pursuant to clause 5.4.
The office-bearers of the Association shall be:
1. the President;
2. the Vice-President;
3. the Secretary;
4. the Assistant Secretary;
5. the Treasurer;
6. the Assistant Treasurer; and
7. the Editor;
The ex-officio immediate past president and secretary are entitled to attend the management committee meetings but have no voting rights at the meeting.
Each member of the management committee is, subject to this constitution, to hold office until the conclusion of the Annual General Meeting following the date of the member’s election, but is eligible for re-election.
In the event of death or resignation of an elected management committee member, the management committee may nominate a current member of the Association for that position. At any time the number of such nominated committee member shall not exceed two.
A person is not eligible to simultaneously hold more than one position on the management committee.
If a management committee member is absent without any valid reason for three (3) consecutive meetings then the member will automatically lose the membership in the management committee.

5.4 Election of Management Committee Members

A person nominated as a candidate for election as an office-bearer or as an ordinary committee member of the Association must be a member on roll of the Association.
Nominations of candidates for election as officer-bearers of the Association or as ordinary management committee members:
1. Shall be made in writing, signed by two members of the Association and accompanied by the written consent of the candidate (which may be endorsed on the nomination form); and
2. Shall be delivered to the Secretary of the Association not less than seven (7) days before the date fixed for the Annual General Meeting at which the election is to take place.
If insufficient nominations are received to fill all vacancies on the management committee, the candidates nominated shall be deemed to be elected and further nominations shall be called at the Annual General Meeting.
If insufficient further nominations are received, any vacant positions remaining on the management committee are taken to be casual vacancies.
If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be taken to be elected.
If the number of nominations exceeds the number of vacancies to be filled, a ballot shall be held.
The ballot for the election of office-bearers and ordinary management committee members shall be conducted at the Annual General Meeting in such manner as the management committee may direct.

5.5 The President

To preside on all meetings of the Association.
Have the right to adjourn a meeting for a suitable reason.
To represent the Association in external activities, including conferences, meetings and functions.
To present the Annual Report to the Annual General Meeting.
To give directions and guidance to all Association related activities.
To authorise all disbursement of the Association’s fund.

5.6 The Vice-President

To act as President in the President’s absence.
To assist the President in the day to day running of the Association.

5.7 The Secretary

The secretary of the Association must, as soon as practicable after being appointed as secretary, lodge notice with the Association of his or her address.
It is the duty of the secretary to keep minutes of:
1. All appointments of office-bearers and members of the committee, and
2. The names of members of the committee present at a committee meeting or a general meeting, and
3. All proceedings at committee meetings and general meetings.
Minutes of proceedings at a meeting must be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.
Notify the members about the meetings as appropriate.

5.8 The Assistant Secretary

To act as Secretary in the Secretary’s absence.
To assist the Secretary in the day to day running of the Association.

5.9 The Treasurer

The Treasurer of the Association shall:

Collect and receive all monies due to the Association and make all payments authorised by the Association; and
Keep correct accounts and books showing the financial affairs of the Association with full details of all receipts and expenditure connected with the activities of the Association

5.10 The Assistant Treasurer

To act as Treasurer in the Treasurer’s absence.
To assist the Treasurer in the day to day running of the Association.

5.11 The Patron

The Association shall have up to two (2) Patrons. The management committee shall select them from the life members. They will hold office for five (5) years. They are entitled to attend the management committee meetings as advisers / observers only and shall have no voting rights at the meetings.
In the event of physical incapacity, death or resignation of a Patron, the management committee shall appoint another life member of the Association.
At the expiry of the term of five (5) years the management committee shall appoint another life member of the Association or reappoint the same member for a further period of five (5) years.
Any Patron who gets elected to serve in the management committee ceases to remain as a Patron.
The Patrons will provide assistance and any required guidance on the procedures concerned with the constitution to the annually elected management committee. They will also help the management committee in planning, coordinating, communicating the annual events and other activities organised by the Association or any other activities the Patrons may think deem fit and proper to the best interest to the College.

5.12 Auditor

An auditor shall be appointed at the Annual General Meeting to audit and report on the accounts of the Association and shall hold office until the next Annual General Meeting.

5.13 Public Officer

The management committee shall appoint a Public Officer for a period of one (1) year. The public officer shall be the contact point for Association with NSW Fair Trading Commission and shall function as the Public Relations Officer dealing with all external stakeholders including seeking Government grants if possible as a registered nonprofit Association.
In the event of the death or resignation of the Public Officer, the Secretary shall take up the position of the Public Officer until the current period ends.

5.14 Removal of Management Committee Members

The Association in general meeting may, by resolution, subject to the Act, remove any member of the management committee from the office of the member of the management committee before the expiration of the member’s term of office.

5.15 Management Committee Meetings and Quorum

The management committee must meet at least six (6) times in each period of twelve (12) months at such place and time as the committee may determine.
Additional meetings of the management committee may be convened by the president or the secretary as and when found necessary.
Oral or written notice of a meeting of the management committee must be given by the secretary to each member of the committee at least seven (7) days (or such other period as may be unanimously agreed on by the members of the committee) before the time appointed for the holding of the meeting.
Notice of a meeting given under sub clause (c) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting, except business which the management committee members present at the meeting unanimously agree to treat as urgent business.
Half (1/2) of the total management committee members present constitute a quorum for the transaction of the business of a meeting of the committee.
No business is to be transacted by the management 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 is to stand adjourned to the same place and at the same hour of the same day in the following month.
If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting is to be dissolved.
At a meeting of the management committee:
1. The president or, in the president’s absence, the vice-president is to preside, or
2. If the president and the vice-president are absent or unwilling to act, such one of the remaining members of the management committee as may be chosen by the members present at the meeting is to preside.
3. Where the constitution is silent on procedural matters the chairperson’s ruling in keeping with the conduct of the meeting of voluntary Associations shall be final.
An emergency meeting of members of the management committee may be summoned by no less than four (4) members of the management committee to discuss any matter, which, in their opinion, requires urgent attention. All members of the management committee should be given at least twenty four (24) hours notice.

5.16 Management Committee Voting and Decisions

Questions arising at a meeting of the management committee are to be determined by a majority of the votes of members of the committee present at the meeting.
Each member present at a meeting of the management 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 may exercise a second or casting vote.
Subject to clause 5.15 (e), the management committee may act despite any vacancy on the committee.
Any act or thing done or suffered, or purporting to have been done or suffered, by the management committee, is valid and effectual despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee.

6. General Meeting

The management committee shall organise the general meetings for all the members on roll.

Ordinary General Meetings
Annual General Meetings
Special General Meetings

6.1 Meetings

Meetings of the Association shall be convened by the Secretary or by the President. Fourteen (14) days notice shall be given to all members for Annual General Meeting and twenty one (21) days notice shall be given to all members for Special General Meeting.
The Annual General Meeting shall be held within six (6) months after the expiry of each financial year.
Special General Meetings shall be convened by the Secretary on a requisition signed by one third (1/3) the number of members on roll or 15, whichever is less.
The Agenda for the Annual General Meeting shall include:
1. Presentation and adoption of the minutes of the previous Annual General Meeting.
2. Presentation and adoption of the Annual Report by the President detailing the key activities of the “management committee” during the year.
3. Presentation and adoption of the Audited Financial Report for the financial year.
4. Election of a management committee in accordance with Clause 5.4.
5. Election of an Auditor in accordance with Clause 5.12.
6. Any other business of which due notice has been given to the Secretary.

6.2 Notice for General Meetings

Except if the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Association, the secretary must, at least fourteen (14) days before the date fixed for the holding of the general meeting, give a notice to each member specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.
If the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Association, the secretary must, at least twenty one (21) days before the date fixed for the holding of the general meeting, cause notice to be given to each member specifying, in addition to the matter required under sub clause (a), the intention to propose the resolution as a special resolution.
No business other than that specified in the notice convening a general meeting is to be transacted at the meeting except, in the case of an Annual General Meeting, business which may be transacted under clause 6.1 (d).
A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who must include that business in the next notice calling a general meeting given after receipt of the notice from the member.

6.3 Quorum for General Meetings

No item of business is to be transacted at a general meeting unless a quorum of members entitled under this constitution to vote is present during the time the meeting is considering that item.
The quorum for all meetings shall be one fourth (1/4) the number of members on roll or 15, whichever is less.
If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting:
1. If convened on the requisition of members, is to be dissolved, and
2. In any other case, is to stand adjourned (in accordance with clause 6.5) to the same day in the following week at the same time and (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) at the same place.
3. If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the commencement of the meeting, the number of members on roll present is being at least 5 constitutes a quorum.

6.4 Presiding Member in General Meeting

The president or, in the president’s absence, the vice-president, is to preside as chairperson at each general meeting of the Association.
If the president and the vice-president are absent or unwilling to act, the members present must elect one of their members to preside as chairperson at the meeting.

6.5 Adjournment of General Meeting

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 is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.
If a general meeting is adjourned for 14 days or more, the secretary must 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 the business to be transacted at the meeting.
All members should be given at least twenty four (24) hours notice about the adjournment of a general meeting and of the business to be transacted at an adjourned meeting.

6.6 Decisions Making in General Meetings

A question arising at a general meeting of the Association is to be determined by either:
1. A show of hands, or
2. If on the motion of the chairperson or if 5 or more members present at the meeting decide that the question should be determined by a written ballot—a written ballot.
If the question is to be determined by a show of hands, a declaration by the chairperson that a resolution has, on a 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.
If the question is to be determined by a written ballot, the ballot is to be conducted in accordance with the directions of the chairperson.

6.7 Voting in General Meetings

On any question arising at a general meeting of the Association a member has one vote only.
In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
A member is not entitled to vote at any general meeting of the Association unless all money due and payable by the member to the Association has been paid.
A member is not entitled to vote at any general meeting of the Association if the member is under 18 years of age.

7. Funds

7.1 Source

Funds of the Association shall be maintained with a recognized financial institution as found appropriate by the management committee. The Treasurer shall be responsible for maintaining these accounts of the Association.
The funds of the Association shall be derived from subscriptions, donations and such other sources as the management committee determines and in a manner consistent with the objectives of the Association.
All money received by the Association must be deposited to the Association’s bank account as soon as practicable.
The Association must, as soon as practicable after receiving any money, issue an appropriate receipt.

7.2 Management

All cheques drafts, bills of exchange and other negotiable instruments shall be signed by any two of the following four office bearers: the treasurer, the president, the secretary and the vice-president.
The funds of the Association shall be applied only for the promotion of the objectives of the Association.
The funds shall not be paid to or distributed amongst present or past members of the Association except for the payment of out of pocket expenses.

8. Records and Books

8.1 Custody of Records and Books

Except as otherwise provided by this constitution, the public officer must keep in his or her custody or under his or her control all records and books relating to the Association.

8.2 Inspection of Records and Books

The following documents must be open to inspection, free of charge, by a member of the Association at any reasonable hour:
1. Records, books and other financial documents of the Association,
2. This constitution,
3. Minutes of all committee meetings and general meetings of the Association.
A member of the Association may obtain a copy of any of the documents referred to in sub clause (a) on payment of a fee of not more than $1 for each page copied.

9. Financial Year

The financial year of the Association shall be 1st July to the 30th June of the following year.

10. Amendments to the Constitution

Amendment to the constitution shall be considered only when presented as a resolution at an Annual General Meeting or a Special General Meeting at which at least one fourth (1/4) of the members on roll are present and passed by a majority of at least two thirds (2/3) of members voting for the resolution.
If the required one fourth (1/4) of members on roll are not present at the meeting where the resolution for amendment to the constitution is presented, the resolution shall be reconsidered at an adjourned meeting (in accordance with clause 6.5) specially convened for the purpose. At the reconvened meeting, the stipulation regarding the presence of one fourth (1/4) of members on roll shall not operate.

11. Dissolution

In the event of dissolution, the surplus assets of the Association shall be credited to the benefit of College.
The Association can only be wound up by three fourths (3/4) of the members on roll deciding to do so at a Special General Meeting.

CHAVAKACHCHERI HINDU COLLEGE OLD STUDENTS ASSOCIATION NSW AUSTRALIA INC CONSTITUTION

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