Rules of Marathi Association, Sydney
i) In these rules, unless there be something in the subject or context inconsistent therewith:-
“Ordinary Member” means a member of the Association who is not an office bearer or the Association as referred to in Rule 13(2);
“Secretary” means:-
a) The person holding office under these rules as Secretary of the Association; or
b) Where no such person hold that office – the public officer of the Association;
“Special General Meeting” means a general meeting of the Association other than annual general meeting.
“The Act” means the Association Incorporation Act 1984.
“The Regulation” means the Associations Incorporations Regulation 1985.
“The Committee” means the Management Committee of the Association and its members are Office Bearers of the Association.
“The Register” means the above mentioned Association.
“The Office” means the Registered Office for the time being of the Association.
ii) In these Rules:-
a) a reference to a function includes a reference to a power, authority and duty; and
b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
iii) The provisions of the Interpretation Act 1987 apply to and in respect of these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Act.
i) A person is qualified to be a member of the Association if, but only if : -
a) the person is over eighteen (18) years of age and who satisfies the Management Committee that he or she is of Marathi origin or that he or she is married to a Marathi; or
b) the person is over eighteen (18) years of age and who satisfies the Management Committee that he or she speaks; writes or understands Marathi language/culture, customs and literature.
ii) The Committee may deny membership to any person if the Committee finds that the applicant is of unsound mind, is bankrupt or has a criminal record.
i) A nomination of a person for membership of the Association shall be lodged with the secretary of the Association.
ii) The Secretary shall, on payment by the nominee of the amounts referred to the Rule 8, enter the nominee’s name in the register of members and upon the name being so entered the nominee becomes member of the Association.
iii) A nomination membership may include not more than two names in one household for a joint membership and the two names so mentioned in nomination shall be entered as joint members in the register and will be entitled to one vote each. A member who pays full fees but prefers individual (not joint) membership will be entitled to two votes.
A person ceases to be a Member of the Association if the person:-
a) dies;
b) resigns that membership; or
c) expelled from the Association by Management Committee.
A right privilege or obligation which a person has by reason of being a member of the Association terminates upon cessation of the person’s membership and is not capable of being transferred or transmitted to another person.
i) A member is not entitled to resign that membership except in accordance with this rule.
ii) A member who has paid all the amounts payable by the member to the association in respect of the member’s membership may resign from the membership of the association by first giving a notice (being not less than 1 month or not less than such other period as the Committee may determine) to the secretary of the member’s intention to resign and upon the expirations of the period of notice, the member ceases to be a member.
iii) Where a member ceases to be a member pursuant to Clause (ii) and in other case where a member ceases to hold membership, the Secretary shall make an appropriate entry in the register of members recording the date on which the member ceases to be a member.
i) The public officer of the Association shall establish and maintain a register of members of the Association specifying the name and address of each person who is a member of the Association together with the date on which the person became a member.
ii) The register of members shall be kept at the principal place of administration of the Association and shall be open for inspection, free of charge, by any member of the Association at any reasonable hour.
i) A member of the Association shall pay to the Association such annual fees as may be determined by the Management Committee from time to time, on or before such dates as may be decided by the Committee.
ii) Fee once paid will not be refunded.
The liability of a member of the Association to contribute towards the payment of the debts and liabilities of the Association or the cost, charges and expenses of the winding up of the Association is limited to the amount if any unpaid by the membership of the Association as required by Rule 8.
i) Where the Committee is of the opinion that a member of the Association –
a) Has persistently refused or neglected to comply with a provision or provisions of these rules; or
b) Has persistently and willfully acted in a manner prejudicial to the interests of the Association, the Committee may, by resolution;
c) Expel the member from the association; or
d) suspend the member from membership of the Association for a specified period.
ii) A resolution of the Committee under Clause (i) is of no effect, unless the Committee, at a meeting to be held not earlier than 14 days and not later than 28 days after service of a notice to the member under clause 3 confirms the resolution in accordance with this rule.
iii) Where the Committee passes a resolution under Clause (i) , the Secretary shall, as soon as practicable, cause a notice in writing to be served on the member – (1) setting out the resolution and the grounds on which it is based. (2) Stating that the member may address the Committee at a meeting to be held not earlier than 14 days and not later than 28 days after the service of the notice. (3) Stating the date, place and time of the meeting; and (4) Informing the member may do either or both of the following :-
a) attend and speak at that meeting;
b) submit to the Committee at or prior to the date of that meeting written representations relating to the resolution.
iv) At the meeting of the Committee held as referred to in Clause (iii), the Committee shall: -
a) give to the member an opportunity to make oral representation;
b) give due consideration to any written representations submitted to the Committee by the member at or prior to the meeting; and
c) by resolution determine whether to revoke or to confirm the resolution.
v) Where the Committee confirms a resolution under Clause (iv), the Secretary shall within seven days after the confirmation by notice in writing inform the member of the fact and of the member’s right of appeal under Rule II.
vi) A resolution confirmed by the Committee under clause (iv) does not take effect –
a) until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period, or
b) where within that period the member exercises the right of appeal, unless and until the association confirms the resolution.
i) A member may appeal to the Association in general meeting against a resolution of the Committee which is confirmed under RULE 10(iv), within 7 days after the notice of the resolution is served on the member by lodging with the Secretary a notice to that effect.
ii) Upon receipt of a notice from the member under Clause (i), the Secretary shall notify the Committee which shall convene a general meeting of the association to be held within 21 days after the date on which the secretary received the notice.
iii) At a general meeting of the Association convened under Clause (ii), the Committee and the member shall be given the opportunity to state their respective cases and the members shall vote by secret ballot on the question whether the resolution should be confirmed or revoked.
iv) If at the general meeting the Association passes a special resolution in favor of the confirmation of the resolution, the resolution is confirmed.
The Committee shall be called the Committee of Management of the Association and subject to the Act, the regulation and these rules and to any resolution passed by the Association in general meeting :-
a) shall control and manage affairs of the Association ;
b) may exercise all such functions as may be exercised by the Association other than those functions that are required by these rules to be exercised by a general meeting of members of the Association; and
c) has power to perform all such acts and do all such things as appear to the Committee to be necessary or desirable for the proper management of the affairs of the Association.
i) Subject in the case of the first members of the Committee to section 21 of the Act, the Committee shall be elected of the office bearers of the Association who shall be elected at the annual general meeting of the Association pursuant to Rule 14.
ii) The office bearers of the Association shall be –
a) the President;
b) the Vice President;
c) the Treasurer;
d) the Secretary; and
e) the Deputy Secretary
iii) Each office bearer shall, subject to these rules, hold office until the conclusion of the Annual General Meeting following the date of the Office bearer’s election but is eligible for re-election.
iv) In the event of the a Casual Vacancy occurring in the office bearer ship of the Committee, the Committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the Annual General Meeting next following the date of appointment.
v) No office bearer of the Committee shall be appointed to any salaries office of the society or any office of the society paid by fees and no remuneration or other benefit in money or moneys worth shall be given by the society or any office bearer except repayments of out of pocket expenses.
i) Nominations of candidates for elected as office bearers of the Association:-
a) shall be made in writing, signed by 2 members of the Association and accompanies by the written consent of the candidate( which many be endorsed on the form of nomination); and
b) shall be delivered to the Secretary of the Association not less than 7 days before the date fixed for holding of the Annual General Meeting at which the election is to take place.
ii) If insufficient nominations are received to fill all vacancies on the Committee, the candidates’ nominations shall be deemed to be elected and further nominations shall be received at the Annual General Meeting.
iii) If insufficient further nominations are received, any vacancies so remain shall be deemed to be casual vacancies.
iv) If the nominations received are equal to the vacancies to be filled, the persons nominated shall be deemed to be elected.
v) If the nominations received exceed the vacancies, a ballot shall be held.
vi) The ballot for the election shall be conducted at the Annual General Meeting in such manner as the Committee may desire.
i) The secretary shall keep minutes of all appointments of office bearers, the names of members of the Committee present at the Committee meetings and general meetings
ii) The minutes of proceedings at a meeting shall be signed by the chairperson of the next succeeding meeting.
i) The treasurer shall ensure that all monies due to the Association are collected and received and all payments authorized by the Association are made.
ii) He/She shall also maintain books and accounts showing the financial affairs of the Association showing full details of all receipts and expenses connected with the activities of the Association.
A casual vacancy in the office of a member of the committee occurs if the member:-
a) dies;
b) ceases to be a member of the Association;
c) resigns office by notice in writing to the Secretary;
d) is removed from office under Rule 18;
e) becomes of unsound mind;
f) is absent without the consent of the Committee from all the meetings of the Committee held during a period of 6 months.
The Association in a general meeting, may by resolution remove any member of the Committee from the office of member before his term expires and may by resolution appoint of the member so removed. The member may be removed if the misappropriates funds, commits fraud or misrepresents.
i) The Committee shall meet at least 4 times in each period of 12 months at such place and time as the Committee may decide.
ii) Oral or written notice of the meeting of the Committee shall be given by Secretary to each office bearer at least one week before the time appointed for such meeting.
iii) Any 3 office bearers constitute a quorum for the transaction of the business of a meeting of the Committee.
iv) No business shall be transacted by the Committee unless a quorum is present and if within one hour of the time appointed for the meeting a quorum is not present the meeting stands adjourned to the same place and at the same hour of the same day in the following week.
v) If the adjourned meeting a quorum is not present with in one hour of the time appointed for the meeting, the meeting shall be dissolved.
vi) At the meeting of the Committee:-
a) the president or in his/her absence, the vice president shall preside, or
b) if the president and vice-president are absent or unwilling to preside, the members present at the meeting may choose one of the remaining members of the Committee to preside.
i) The Committee may delegate to one or more sub-committees the function of the Committee other than: -
a) this power of delegation; and
b) a function which is duly imposed on the Committee by the Act or by any other law.
ii) Notwithstanding any delegation under this Rule, the Committee may continue to exercise any function delegated.
iii) Any act or thing done or suffered by the sub-committee acting in the exercise of a delegation under this rule will have the same force and effect as it would have if it had been done or suffered by the Committee.
iv) The Committee may revoke wholly or in part any delegation under this Rule.
v) A sub-Committee may meet and adjourns as it thinks proper.
i) Questions arising at a meeting of the Committee or any sub-Committee appointed by the Committee shall be determined by a majority of the votes of the members of the Committee or sub-Committee present at the meeting.
ii) Each member present at a meeting of the Committee or any sub-Committee appointed by the 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.
iii) Any act or thing done or suffered or purporting to have been done or suffered by the Committee or by a sub-Committee appointed by the Committee is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee or sub-Committee.
i) The association shall hold its first Annual General Meetings: -
a) within a period of 18 months after its incorporation under the Act; and
b) within a period of 2 months after the expiration of the first financial year of the Association.
ii) All subsequent Annual General Meetings will be held at least once in each calendar year and within a period of 6 months after the expiration of each financial year.
iii) Subject to clauses (i) and (ii) the Annual General Meeting shall be convened on such date and such place and time as the Committee thinks fit.
iv) In addition to any other business which may be transacted at the Annual General Meeting, the business of the Annual General Meeting shall be:-
a) to confirm the minutes of the last preceding Annual General Meeting and at the special general meeting held since that meeting;
b) to receive from the Committee reports upon the activities of the Association during the last preceding financial year;
c) to elect office bearers;
d) to receive and consider the statement to be submitted to members pursuant to Section 26(6) of the Act.
i) The Committee may, whenever it thinks fit convene a special general meeting of the Association.
ii) The Committee shall, on the requisition in writing of not less than 10% of the total members, convene a special general meeting of the Association.
iii) A requisition of members for a special general meeting;
a) shall state the purpose(s) of the meeting;
b) shall be signed by requisitioners;
c) shall be lodged with the Secretary.
iv) If the Committee fails to convene a special general meeting to be held within 1 month after the date on which a requisition has been lodged, any one or more of the members who made a requisition may convene a special general meeting to be held not later than 3 months after that date.
v) A special general meeting convened by a member or members as referred to in Clause (iv) shall be convened as nearly as practicable in the same manner as general meeting are convened by the Committee and any member who thereby incurs expense is entitled to be reimbursed by the Association for the expense so incurred.
i) Except where the business progressed requires a special general resolution, the Secretary shall give at least 14 days notice to each member at the member’s address appearing in the register of members. The notice shall specify the place, date and time of the meeting and nature of business to be transacted at the meeting.
ii) Where the business proposed requires a special resolution, at least 21 days notice shall be given in the manner proved in Clause (i) specifying in addition the intention to propose the resolution as a special resolution.
iii) A member desiring to bring any business before general meeting may give notice in writing of that business to the Secretary who shall include that business in the next notice calling a general meeting given after the receipt of the notice.
i) No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time of the meeting.
ii) Fifteen members present in person (being members entitled under these rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.
iii) If within one hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting convened upon shall be dissolved and shall stand adjourned to the same day of the following week at the same time and same place.
iv) If at the meeting a quorum is not present within one hour the meeting shall start with the members present provided the number of members present exceeds five.
i) The President or in his/her absence the vice-President shall preside at each general meeting.
ii) If the President or the vice-president are absent or are unwilling to preside, the members present shall elect one of their numbers to preside the meeting.
i) A question arising at a general meeting shall be determined on a show of hand and unless a poll is demanded a declaration by the chairperson that a resolution has, on a show of hands been carried or lost or an entry to that effect in the minute book of the Association, is an evidence of the fact without proof in favour of or against that resolution.
ii) At a general meeting a poll may be demanded by the chairperson or by not less than 5 members present in person or by proxy at the meeting.
iii) Where a poll is so demanded it shall be taken immediately in the case of poll which relates to the election of the chairperson and in any other case, in such manner and at such time as the chairperson directs.
A resolution is special if passed by a majority which comprises not less than three quarters of such members as being entitled under these rules to vote in person or by proxy at a meeting of which not less than 21 days written notice specifying the intentions to propose the resolution as a special resolution was given under these rules.
i) All individual (not joint) members will have two votes each and joint members will have one vote each.
ii) All votes shall be given personally or by proxy but no member may hold more than 5 proxies.
iii) In case of an equality of votes, the chairperson is entitled to exercise a second or a casting vote.
iv) A member or proxy is not entitled to vote unless all money due and payable by the member or proxy has been paid.
i) Each member shall be entitled to appoint another member as proxy by notice given to the Secretary no later than 24 hours before the time of the meeting.
ii) The notice appointing the proxy shall be in the form set out by the Committee.
i) The funds of the Association shall be derived from annual fees donation and such sources as the Committee determines.
ii) All moneys received by the Association shall be deposited as soon as practicable to the Association’s bank account.
iii) The association shall issue an appropriate receipt acknowledging funds received as soon as practicable.
iv) The funds shall be used in pursuance of the objects of the association in such manner as the Committee determines.
v) All cheques and withdrawals shall be signed by any two office bearers of the Committee.
The objects and these rules may be altered, rescinded or added to only by a special resolution of the Association.
i) The Common seal of the Association shall be in the custody of the public officer.
ii) The Common seal shall not be affixed to any instrument except by the authority of the Committee and the affixing shall be attested by the signatures of any one office bearer of the Committee.
Except as otherwise provided by these rules, the public officer shall keep the custody of all books, records and other documents relating to the Association.
The Records, books and other documents of the Association shall be open to inspection, free of charge, by a member at the reasonable hours.
The Committee shall cause minutes to be made:-
a) of all appointments of office bearers of the Committee;
b) of all the names of office bearers present at all meetings of the Committee and the society.
c) of all proceedings at all meetings of the Committee and the society;
d) such minutes shall be signed by the chairman of the next succeeding meeting.
The Committee shall case proper accounts and records to be kept with respect to all monetary and other transactions of the Society.
The books of account shall be kept at the registered office of the society or at such other place as the Committee thinks fit.
OBJECTS OF ASSOCIATION:
Resolved that following to be added to the rules of the Association –
PART V - OBJECTS
i) To promote Maharashtrian culture and customs
ii) To promote Marathi literature, art, drama, music and other forms of entertainment.
iii) To promote other forms of entertainment, culture and customs akin to Maharashtrian/Marathi forms.
iv) To promote sport and sport related activities of interest to the members.
v) To promote any other related activities as may be decided from time to time.
PART VI – ADDITIONAL RULES APPLICABLE TO CHARITIES
APPLICATION OF PART
i) Payment, etc., of office bearers and members A member of the committee shall not be appointed to any salaried office of the association or any office of the association paid by fees, and no remuneration or other benefit in money or moneys worth shall be given by the association to any member of the committee except:
a) repayment of out-of-pocket expenses;
b) interest at a rate not exceeding interest at the rate for the time being which is or would be charged by the association’s bankers for money lent to the association; and
c) reasonable and proper rent for premises let to the association.
ii) Vacation of Office - Without limiting the operation of rule 17, the office of a member of the committee shall become vacant if: -
a) the member holds an office of profit in the association;
b) the member is directly or indirectly interested in any contract or proposed contract with the association.
iii) Surplus Property
a) At the first general meeting of the association, the association shall, notwithstanding rule 41, pass a special resolution nominating a charity registered under the Charitable Collections Act 1934, or exempted from registration by or under that Act in which is to rest its surplus property pursuant to section 53(2) of the Act in the event of the winding up or the cancellation of the incorporation of the association.
b) The Charity so nominated shall be one which fulfils the requirements specified in section 53(2) (a)-(c) of the Act.
iv) Notification of Proposed Alteration of Rules – A proposed alteration of the rules or of this statement of objects of the association shall be notified to the Minister administering the Charitable Collections Act, 1934, in the manner required by the regulations under that Act.
v) Compliance with Charitable Collections Act, 1934 – The association shall comply with such of the provisions of the Charitable Collections Act, 1934 and the regulations there under as are applicable to it.
a) All moneys received by the organization shall be deposited intact at the earliest possible date to the credit of the Organisation’s Bank Account. Receipts for moneys received shall also be issued promptly.
b) All Payment in excess of $50 made by the Organisation shall be paid by cheque signed by any two of the President, Secretary and Treasurer.
All accounts shall be presented to and passed for payment at a Management Committee Meeting and full details of all such approvals shall be entered in the Minute Book.
a) The auditor or auditors shall be elected at the Annual General Meeting. They shall examine all accounts, vouchers, receipts, books, etc., and furnish a report thereon to the members at the Annual Meeting. Audits shall be conducted at regular intervals of not more than twelve months.
b) An Auditor shall not be a member or closely related to a member of the Management Committee.
c) Subject to paragraph (d) hereof notice of the intention to nominate an auditor to replace the current auditor shall be given to the Secretary at least twenty-one (21) days before the Annual General Meeting. The Secretary shall send a copy of the nomination to the current auditor at least seven (7) days before the Annual General Meeting. The current auditor shall be entitled to attend the Annual General Meeting and if he so wishes to be hear at such Annual General Meeting.
d) Where the current auditor submits his resignation, or notifies the Secretary of his intention not seek re-election as auditor, paragraph (c) hereof shall not apply.