The Constitution for Bangladesh Association Greater Reading
(Amended 18 November 2007)
1. NAME
The name of the Association is BANGLADESH ASSOCIATION GREATER READING, hereinafter called “THE ASSOCIATION”.
1(A) ADMINISTRATION
Subject to the matters set out below the Charity and its property shall be administered and managed in accordance with this constitution by the members of the Executive Committee.
2. OBJECTS AND POWERS
A) To advance education amongst the Bangladeshi community in the Reading area. To advance the Islamic religion and to run a mosque that is called “Central Jamme Mosque, Reading”.
To provide facilities for recreation and leisure time occupation for the Bangladeshi community in the Reading area with the objective of improving their conditions of life, and to help create opportunities by assisting Bangladeshi employers to improve the conditions of both employers and the employees. To make donations to such charitable institute or institutions as the Executive Committee in its absolute discretion sees fit.
B) In furtherance of the said objectives but not otherwise the Association may:
1. Bring together in conference representatives of voluntary organisations, Government departments, statutory bodies and individuals.
2. Arrange and provide for or join in arranging and providing for the holding of exhibitions, meetings, lectures, classes, seminars, and training courses.
3. Collect and disseminate information on all matters affecting the said objectives and exchange such information with other bodies having similar objectives in the country.
4. Act as a channel of communication between its members and members of the Bangladeshi community and the British Government.
5. Keeps close relations with other societies and promote good race relations, understanding, and co-operation.
6. Undertake, execute, manage, or assist any charitable trusts which may lawfully be undertaken, executed, managed, or assisted by the Association.
7. Write and print or otherwise reproduce and circulate, gratuitously or otherwise, such papers, books, periodicals, pamphlets, or other documents, films, or recorded tapes (whether audio, visual, or both) as shall further the objectives.
8. Purchase, take on lease, or in exchange, hire, or otherwise acquire or sell any property and rights and privileges necessary for the promotion of the said objectives and construct, maintain, and alter any buildings and erection necessary for the work of the Association.
9. Make regulations for any property, which may be so required.
10. Subject to such consents as may be required by law, borrow, or raise money for the objects and accept gifts on such terms and on such security as shall be deemed to be necessary.
11. Raise funds and invite and receive contribution from any person or persons whosoever by way of donation, subscription, or otherwise, provided that the Association shall not undertake permanent trading activities and shall conform to any relevant requirements of the law.
12. Invest the monies of the Association not immediately required for the said objects in or upon such investments, securities or properties as may be thought fit, subject nevertheless to such conditions (if any) as may for the time being imposed or required by law.
13. Do all such other lawful things as are necessary for the attainment of the said objects.
14. Power to employ such staff as are necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the payment of pensions.
3. MEMBERSHIP
Full membership of the Association shall be open to:
3(A) INDIVIDUAL MEMBERS: ONE PERSON, ONE VOTE
Any individuals living in the “CATCHMENT AREA” who meets the criteria to become a member of the BAGR can apply to become an “INDIVIDUAL MEMBER”. The subscription fee for individual membership for a single term (2 years) is:
£40.00 per term or as laid down by the EC from time to time.
3(B) APPLICATION VERIFICATION
All membership applications will be checked against the Electoral Registrar prior to acceptance.
3(C) JUNIOR MEMBERS
Junior membership shall be open to those under the age of 18 (eighteen) years who are interested in furthering the work of the Association. Junior members shall not be entitled to vote and will not pay any subscription fee.
3(D) HONORARY LIFE MEMBERS
Honorary Life Members may be appointed at the discretion of the Executive Committee. Honorary Life Members shall not be entitled to vote. The tenure of the Honorary Life Member is indefinite until the EC or the member concerned decides to terminate the membership.
3(E) FUTURE EXECUTIVE COMMITTEES
Future Executive Committees will have the power to amend all subscription fees without calling an Extra-ordinary General Meeting.
4. SUBSCRIPTION
4(A) SUBSCRIPTION CUT-OFF DATE
All subscriptions for membership must be paid in full by the “subscription cut-off date” in order to qualify for a vote in the Bi-Annual General Election.
The subscription cut-off date is 90 (ninety) days prior to the scheduled date of the next Bi-Annual General Election. All applications for voting memberships must have reached the offices of BAGR 30 (thirty) days prior to the “subscription cut-off date”. Applications for membership which are received after the cut-off date will be processed after the Bi-Annual General Election has taken place.
4(B) CATCHMENT AREA
The Catchment Area of the Association compromises of the following areas: West Berkshire, East Berkshire, Henley on Thames, Maidenhead, Twyford, Wokingham, Reading, Newbury, Tadley, Thacham, Tilehurst, Caversham, Pangbourne, and Sonning. The Executive Committee will have the right to consider applications for individual membership from neighboroughing areas outside the above-mentioned areas, where there may not exist any Bangladeshi organisations.
5. EXECUTIVE COMMITTEE
5(A) BI-ANNUAL GENERAL MEETING
At the Bi-Annual General Meeting of the Association the membership shall elect: the President, a Vice President, the General Secretary, Treasurer, and such other executives of the Association as decided by the outgoing Executive Committee from time to time.
1) The President and the Executive Members of the Association shall hold office until the end of their term and shall be eligible for re-election. The members of the Executive Committee shall hold office for a term of 2 (two) years.
2) An Executive Committee member shall head all the sub-committees, responsible for the said activity, but would be free to co-opt other members to assist in meeting the objectives. All acts and proceedings of such sub-committees should be reported back to the Executive Committee before any decision is made especially with regard to the spending of charity assets.
3) The Association shall appoint one or more qualified auditors and may determine their remuneration (if any).
4) Subjects as hereinafter mentioned the policy and general management of the affairs of the Association shall be directed by an Executive Committee (hereinafter called “the committee”) when complete shall consist of not less than 11 (eleven) or more than 21 (twenty one) members.
5) The members of the Executive Committee shall be elected at the Bi-Annual General Meeting of the Association in accordance with the election procedures of the Association. (See Section 6, Vacant Portfolio).
6) Any casual vacancy of portfolio in the committee may be filled up by the committee from the Executive Committee members and any person appointed to fill such a portfolio shall hold office until the conclusion of the next Bi-Annual General Election of the Association and shall be eligible for election for the next term.
7) The proceeding of the Executive Committee shall not be invalidated by any failure to elect a chair at the Executive Committee meeting or any defect in the election, appointment, co-option, or qualification of any members.
8) The Executive Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings, and the custody of documents. No rule may be made which is inconsistent with this constitution.
5(B) TERMINATION OF MEMBERSHIP OF EXECUTIVE COMMITTEE
A member of the Executive Committee shall cease to hold office if he or she:
1) is disqualified from acting as a member of the Executive Committee by virtue of Section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision);
2) becomes incapable by reason of mental disorder, illness, or injury of managing and administering his or her own affairs;
3) is absent without the permission of the Executive Committee from all their meetings held within a period of 6 (six) months or remain absent from 3 (three) consecutive Executive Meetings and the Executive Committee resolve that his or her office be vacated; or
4) notifies to the Executive Committee a wish to resign (but only if at least 5 (five) members of the Executive Committee will remain in office when the notice of resignation is to take effect).
5) If a member of the Executive Committee tenders his/her resignation that would be referred to the next EC meeting and if there is a genuine reason his/her resignation will be accepted and communicated in writing to the person concerned.
6) The Executive Committee shall have the right to terminate the membership of any EC member with or without portfolio should that person become bankrupt.
6. MEETINGS AND PROCEEDINGS OF THE EXECUTIVE COMMITTEE
1) The Executive Committee shall hold at least 6 (six) EC meetings each year. An Extra-ordinary EC meeting may be called by the President or by any 4 (four) members of the Executive Committee upon not less than 4 (four) days’ notice being given to the other members of the Executive Committee of the matters to be discussed. If the matters include an appointment of a co-opted member, then 21 (twenty one) days’ notice must be given by the General Secretary.
2) The President shall act as the chairman at the meeting of the Executive Committee. In his/her absence the Vice President will chair the meeting. In case both the President and Vice President are absent in any meeting, the members of the EC present shall chose one of their number to chair the meeting before any other business is transacted.
3) There shall be quorum when at least 1/3 (one third) of the number of members of the Executive Committee for the time being or 5 (five) members of the Executive Committee, whichever is the greater, are present at a meeting.
4) Every matter shall be determined by a majority of votes of the members of the EC present and voting on the question. In the case of equality of votes, the chairman of the meeting shall have a second or casting vote.
5) The Executive Committee shall keep minutes in book kept for the purpose of the proceedings at meetings of the Executive Committee and any sub-committee.
6) The Executive Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings, and the custody of documents. No rule may be made which is inconsistent with this constitution.
7. BI-ANNUAL GENERAL MEETINGS
The Bi-Annual General Meeting of the Association shall be held every two years. A Bi-Annual General Meeting of the Association shall be held at such time, not later than 27 (twenty seven) months after the preceding Bi-Annual General Meeting. Actual date and place of the Bi-Annual General Meeting and election will be published as the Committee shall determine. The General Secretary shall give at least 28 (twenty eight) days notice in writing to each member. At such Bi-Annual General Meeting the business shall include;
1) Approval of minutes of the preceding Bi-Annual General Meeting
2) The election of Executive Officers
3) The election of full members to serve the committee
4) The appointment of an auditor or auditors
5) The approval of the Bi-Annual Report of the committee and of the audited accounts for the previous term and the transaction of such other matters as may from time to time be necessary.
8. ELECTION PROCEDURE
8(A) ELECTION COMMISSION
The Executive Committee shall appoint a 3 (three)-member Election Commission composing of independent individuals none of whom would be allowed to stand for any post at that Bi- Annual General Election. The Election Commission’s responsibility will be to scrutinise the nomination, prepares, ballot papers, and carry out duties required in conducting a free and fair election with the assistance of the Executive Committee. Should the number of nominations submitted exceed the vacancies, the Election Commission shall hold the election by secret ballot.
The Election Commission has the right to scrutinise the voting list should there be any reason to suspect improper listing of members.
8(B) ELECTION NOTIFICATION
The date of election will be made public in writing by the General Secretary to each fully paid member at least 28 (twenty eight) days prior to the date of election. All members will receive nomination papers allowing at least 14 (fourteen) days for the nomination papers to be submitted to the Election Commission. The actual deadline for nominations will be 14 (fourteen) days before the published date of the Bi-Annual General Election.
The nomination withdrawal deadline will be 7 (seven) days before the published date of the Bi-Annual General Election.
8(C) NOMINATIONS
1) To stand as an Executive Committee Member of the Association, the nominee must have been a fully paid member for at least 1 full term.
2) All nominees must be aged 18 (eighteen) years or over and the nominations must be proposed and seconded by two full members of the Association. The forms must be fully complete and legible. The Election Commission has the right to reject any illegible nomination forms.
3) The nomination forms should be in the hands of the General Secretary at least 14 (fourteen) days before the Bi-Annual General Meeting.
4) All the nomination forms must accompany nomination fees fixed by the Executive Committee from time to time.
5) Nominations will not be accepted from:
a. any person who has been declared bankrupt or is an un-discharged bankrupt; or
b. any person with unspent criminal conviction or who is considered mentally unfit to hold a public office.
9. FINANCE
1) The Executive Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to all money raised by or on behalf of the Association shall be applied to further the objects of the Association and for no other purpose, PROVIDED THAT nothing contained herein shall prevent the payment in good faith of reasonable and proper remuneration to any employee of the Association, or the repayment to members of the Committee, or of any committee appointed hereof, a reasonable out-of-pocket expenses.
2) The Executive Committee shall keep proper account of the finances of the Association and prepare general statements of account for the charity.
3) The Association’s account shall be audited at least once a year by the auditor or auditors appointed at the Bi-Annual General Meeting.
4) A bank account shall be maintained in the name of the Association with Barclays Bank Plc, or such other bank as the Committee shall from time to time decide. All donations and subscriptions will be paid into this account.
5) All cheques shall be signed by at least 2 (two) of the following; one of whom must be the President or the Treasurer:
a. The President
b. The Vice President
c. The General Secretary
d. The Treasurer
e. Joint Secretary
f. Joint Treasurer
Donations: Any money given or pledged freely by an individual or organisation, either for the general purposes of the charity or for a specific purpose will be termed as a “donation” and a receipt will be issued as such.
Subscription: A set amount paid in return for membership of the organisation which will be receipted as “subscription”. Donations and Subscriptions will be clearly accounted separately in the accounts.
6) Statements of account of the Charity to be transmitted to the Charity Commission.
10. TRUSTEES
All land/property owned or leased by the Association shall be vested to at least 3 (three) “holding trustees” and not more than 5 (five). All holding trustees will be appointed by the EC, and may be removed by the EC at their pleasure and shall act in accordance with the lawful directions of the Executive Committee, provided they act only in accordance with the lawful directions of the Executive Committee, the holding trustees shall not be liable for the acts and defaults of its members.
All holding trustees must agree to further the objects of the Association and shall cease to hold the post of “holding trustee” if he or she:
1) is disqualified from acting as a member of the Executive Committee by virtue of Section 72 of the Charities Act 1993 (or any statutory re-enactment or modification of that provision);
2) becomes incapable by reason of mental disorder, illness, or injury of managing and administering his or her own affairs;
3) notifies to the Executive Committee a wish to resign (but only if at least 2 (two) members of the Executive Committee will remain in office, who are appointed as a holding trustee when the notice of resignation is to take effect).
In these circumstances the Executive Committee may appoint a new holding trustee. Holding trustees who are not members of the Executive Committee may attend EC meetings if they wish to do so, but will have no voting rights.
All Executive Committee members are non-holding trustees.
11. AMENDMENT TO THE CONSTITUTION
Alteration to this Constitution shall receive the assent of 2/3 (two-thirds) of the members present and voting at Bi-Annual or Special General Meeting. A resolution for the alteration of the constitution must be received by the Secretary of the Association at least 21 (twenty one) days before the meeting at which the resolution is to be brought forward. At least 14 (fourteen) days’ notice of such a meeting must be given by the General Secretary to the membership and must include notice of the alteration proposed; provided that there is no alteration to Clause 2 (Objects and Powers), Clause 12 (Dissolution), or this Clause, shall take effect until the approval in writing of the Charity Commissioners or other authority having charitable jurisdiction shall have been obtained; and no alteration shall be made which would have the effect of causing the Association to cease to be a charity in law. The Executive Committee will promptly send to the Charity Commissioners a copy of any amendment made under this clause.
12. DISSOLUTION OF ASSOCIATION
The Association may be dissolved by a Resolution passed by a 2/3 (two-thirds) majority of those present and voting at a Special General Meeting convened for the purpose of which 21 (twenty one) days’ notice shall have given (to the members). Such Resolution may give instructions for the disposal of any assets held by or in the name of the Association, provided that if any property remains after the satisfaction of all debts and liabilities, such property shall not be paid to or distributed to amongst the members of the Association, but shall be given to or transferred to such other charitable institution or institutions having objects similar to some or all of the objects of the Association as the Association may determine and if and in so far as effect cannot be given to this provision, then to some other charitable purpose. All items on loan may be returned to their respectful owners.
13. CHARITY COMMISSION’S GUIDELINES
The Association will act within guidelines in “Charity Commission’s booklet” (CC9).