Constitution

Federation of Indian Communities OF Queensland Inc

CONSTITUTION

ABN: 89 440 569 010

IA: 20797

PDF – Copy –    Constitution – Feb 2016 – FINAL – V1.2

1.  VISION

 

To be the prime organization representing all the Indian and Indian Origin based communities of Queensland to nurture and develop cultural, educational, social and economic interests of its members.

 

2.  MISSION

 

  1. Develop and deliver education, training and community development opportunities for the members of the Indian communities in Queensland. This will encompass the following:
  2. Establishing the educational foundation for the teaching of Indian culture, languages, traditions and other related subjects not taught in current school curriculum.
  3. Building facilities to further the education, training and development of the community.
  4. Representing the Indian communities on cultural, multicultural and social issues at the local, state, federal and international levels.
  5. Gathering information and wherever possible and appropriate, coordinating the activities of kindred organisations in Brisbane, Queensland and Australia.
  6. Keeping the Indian communities informed of the current affairs affecting them.
  7. Refraining from alignment with any political, religious and affiliated groups by maintaining a non-partisan neutral position;
  8. Holding any property and/or assets in trust for the benefit of the community.
  9. Refraining from interfering with the running of the individual member organisations in their own right.

 

3.  ORGANISATION ARRANGEMENTS

 

  1. Establish a fully incorporated Federation of Indian Communities of Queensland (hereafter called ‘Federation’ or ‘FICQ’).
  2. Establish the Federation in order to develop and promote ownership of a constitution that more fully meets the needs of the Indian communities of Qld.
  3. Establish a Governing Council of the Indian communities of Queensland within the Federation which will comprise of Paid Member Associations of that Financial Year

 

4.  FEDERATION OF INDIAN COMMUNITIES OF QLD INC.

 

  1. Membership to the Federation is open to all organisations who identify with India or who are of Indian sub-continent origin that are constitutionally structured and incorporated.
  2. Each member organisation will be entitled to one vote in the Federation irrespective of their total membership numbers. The President of each member organisation or his/her nominee will represent his/her organisation.
  3. Each member organisation will be levied an annual fee, set by the Governing Council from time to time. Members who fail to pay membership within 2 months of the new Financial Year will lose their Membership with the Federation.
    1. Re-induction into Federation facility may be available after 2 months of lapsed payment for such member association when the eligibility documents (as detailed in rule 8.1 point 1) are resubmitted to the secretary of the federation.
  4. Office bearers are to be elected by the Governing Council. These include the President, two vice-presidents, Secretary, Assistant Secretary, Treasurer, and Public Relations Officer.
    1. The amount of elected office bearers is preferable to be odd numbered (5, 7, 9) for easier decision making.
  5. The elected executive team may have the capability to add additional non-elected team member roles such as Festival Coordinator, Assistant Treasurer, Cultural Coordinator or any other role following discussions with the elected executive team.
  6. Under certain unusual circumstances, Federation members may invite any individual from the Indian diaspora to hold a non-executive position.
  7. The term of appointment of office bearers will be 2 years under normal circumstances.
  8. Under not normal circumstances where there are no candidates, The previous office bearer excepting the president may be re-elected in the same position in the new term.
  9. Any office bearer may resign from his/her position by formally notifying the Governing Council at least one month beforehand.
  10. Any office bearer can be removed from his/her position if 75% of the Governing Council members support a no confidence motion against him / her.
  11. All office bearers are honorary appointments and no entitlements are attached to the positions.
  12. All funds are to be held in a trust account and require the signature of the Treasurer and one other office bearers for withdrawals. All accounts are to be formally audited by a registered accountant at the end of the financial year.
  13. Quorum for any executive committee meeting shall be at least 50% of the executive committee.

 

 

5.  THE ORGANISATION

 

  1. The name of the organisation shall be Federation of Indian Communities of Queensland incorporated (here-in-after referred to as the “Federation”).

 

  1. The Federation is an association of organisations comprising members of the various Indian communities from within Queensland.

 

6.  REGISTERED ADDRESS

 

  1. The registered address of the Federation shall be the address of the Post Office Box currently addressed as PO BOX 157, Spring Hill, QLD 4004.

 

7.  DEFINITIONS AND INTERPRETATION

 

In these Rules, unless the contrary intention applies, the following words and expressions shall have the meanings respectively set after them:

 

  1. Member shall mean a fully incorporated Association which has been admitted to membership of the Federation.
  2. Associate Member shall mean a member of the Federation which is an “Un-Incorporated Association” and thereby will not be able to participate in the election process in the Annual General Meeting (AGM) and / or be a part of the Federation’s executive committee.
  3. Governing Council shall mean the Financial Member Associations of the Federation
  4. Executive Committee shall mean the committee of management comprising of the President, 2 Vice-Presidents, Secretary, Assistant Secretary, Treasurer, and Public Relations Officer.
  5. Financial Year of the Federation shall be from 1 July of the current year to 30 June of the succeeding year.

 

 

8.  MEMBERSHIP

8.1 Eligibility

  1. Interested (new or re-induction) associations intending to be a part of the Federation must provide the eligibility documents as detailed:
    1. Completed Membership Application Form.
    2. Certification of Incorporation containing the IA number.
    3. Constitution of the association.
    4. Total member count of the association.
    5. Proof of subscription or membership fee to be paid.
  2. Membership is open to all Incorporated and Unincorporated Indian / Indian Origin based community organisations or associations interested in mutual learning, understanding and supporting of the Indian culture and tradition.
    1. Incorporated Associations are considered “Full Members” of the Federation.
    2. Un-incorporated Associations are considered as Associate members of the Federation.
  3. Incorporated Associations are eligible to be a part of the Federation’s Executive Committee and can participate in the election process at Annual General Meeting.
  4. Unincorporated Associations are NOT eligible to be a part of the Federation’s Executive Committee and cannot participate in the election process at Annual General Meeting.
  5. All membership requires the approval by the Federation’s Executives and the present Governing Council of FICQ.
  6. Any new members approved by the Governing Council at least 2 months prior to the election will only be eligible to be nominated or nominate others for any position or participate in voting at an AGM.

 

8.2 Application for Membership

 

  1. Application for membership shall be in writing and in the form as set out in clause 30 “Appendix 1” and addressed to the Secretary.
  2. The application shall be accompanied by a copy of the registration (Incorporation) certificate of the organisation, Constitution, a list of the office-bearers of the applicant organisation, and the membership fee as specified by the Federation of Indian Communities of Queensland Inc.

 

8.3 Acceptance of Membership

 

  1. The Federation’s executives will first review the membership application forms for completeness and accept the membership of the new applicant association.
    1. If Incomplete, the Federation’s Executive Committee will advise the applicant association to provide necessary details for ensuring application completeness.
  2. The Secretary shall include on the agenda of the next council meeting after the date of receipt of the application for consideration all applications for membership.
  3. The Governing Council representatives present will, by a simple majority vote to approve and accept the new membership association.

 

8.4 Financial Year & Annual Subscription (Membership Fee)

 

  1. Financial Year of the Federation shall be from 1 July of current year to 30 June of the succeeding year.
  2. The membership amount for the year is set by the Federation’s Executive and the Governing Council at the General Meeting.
  3. Every Member Association must pay the annual subscription no later than two calendar months following the date of issue of the membership payment invoice issued by the Federation’s Treasurer.
  4. If the membership fee is due or overdue or outstanding or unpaid, the member is not eligible to perform any official duties such as nominating and / or voting in any election or decision making.
  5. On payment of the annual subscription an organisation shall be deemed a member for the period beginning on the first day of July and ending on the 30th day of June the following year.

 

8.5 Register of Members

 

The Secretary shall keep and maintain a register of Members in which shall be entered the full name, the date of entry and date of resignation of each member. The register shall be available for inspection by members at the registered address of the association.

 

8.6 Resignation of a Member

 

  1. A member of the Federation who has paid all financial and non-financial dues may resign from the Federation by giving notice in writing to the Secretary.
  2. Upon the expiration of any period specified in the notice, that member shall cease to be a member or where no period is specified, then the Member shall cease to be a member seven days after receipt of the notice.
  3. The Secretary of the Federation updates the “Register of Members” to reflect the ceasing of a member association.

 

8.7 Termination of Membership

 

  1. The membership of a member to the Federation shall cease if the member association has been dissolved or due to non-payment of subscription within the time limit as specified in Rule 8.6.1 and after a written demand for payment.

 

8.8 Expulsion of Member Association

 

  1. A member may be expelled from the Federation if in the opinion of the Governing Council the conduct of the Member is prejudicial to the interests of the Federation or such conduct is unbecoming.
  2. Expulsion shall not be valid unless it is approved by a majority of two-thirds of the current Federation’s Members present and voting in a secret ballot at a special Governing Council Meeting convened for that purpose.
  3. The written notice of such a meeting for handling expulsion of a member association from the Federation shall be sent to each member (including the member to be expelled) at least 21 days prior to the meeting.
  4. At such meeting, the member to be expelled is entitled to be heard, prior to being expelled formally.

 

8.9 Autonomy of Member Organisations

 

A member organisation shall retain the right to independent management of its affairs in accordance with its own constitution or rules. There is no indulgence by the Federation of Indian Communities of Queensland Inc. into the member association’s internal affairs and activities.

 

9.  FUNDS

 

The Federation’s source of funds shall be:

 

  1. Annual Membership Fees from member associations
  2. Donations, endowments, subsidies, Government grants (Federal, State, Local) and festival specific sponsorships.

 

The Federation’s funds to other sources:

 

  1. Cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two members of the executive committee one of whom shall be the Treasurer.

 

10.             POWERS OF THE FEDERATION

 

  1. An incorporated association has, in the exercise of its affairs, all the powers of an individual.
  2. An incorporated association may, for example:
    1. Enter into contracts; and
    2. Acquire, hold, deal with and dispose of property; and
    3. Make charges for services and facilities it supplies; and
    4. Do other things necessary or convenient to be done in carrying out its affairs.
  3. An incorporated association may also issue secured and unsecured notes, debentures and debenture stock for the association.

 

11.             THE GOVERNING COUNCIL

 

11.1 Composition

 

  1. One delegate from each member organisation who shall be entitled to have one vote only.
  2. The immediate past President of the Federation, who shall have no vote.
  3. The current President of the Federation who shall have a casting vote in the event of a tied vote.

 

11.2 Powers and Duties

 

The Governing Council along with the current executive committee of the Federation shall determine the policies and principles upon which the affairs of this Federation shall be conducted, including those functions performed on its behalf by the Executive Committee described in Rule 12 as well as those listed below:

  1. To develop policies that are consistent with the purposes set out in Rules 8 and 10.
  2. To admit new member organisations in accordance with Rule 8.
  3. To elect members of the executive committee, and to elect non-executive members who may not necessarily be members of the Governing Council.
  4. To elect representatives to Associations with which the Federation is affiliated.
  5. To appoint an auditor in the Annual General Meeting.
  6. To receive and approve reports of the executive committee and sub-committees.
  7. To approve the budget for the following financial year as prepared by the executive committee.
  8. To vote on the dissolution of the Federation;
  9. To decide in conjunction with the Federation’s executive committee all matters affecting the Federation which are not within the purview of the executive committee

12.             EXECUTIVE COMMITTEE

 

12.1 Composition

 

  1. The regular activities of the Federation shall be managed by the elected Executive Committee which shall comprise of the President, 2 Vice-Presidents, Secretary, Assistant Secretary, Treasurer and Public Relations Officer.
  2. The Executive Committee shall have the power to appoint paid assistants with the approval of the Governing Council first having being sought and obtained.
  3. Members of the Executive Committee shall not hold paid office of the Federation.
  4. Any Executive Committee member resigning shall do so in writing. In the event of a casual vacancy occurring in the Executive Committee, the vacancy may be filled by the Governing Council by co-opting a member of the Governing Council until the Annual General Meeting. If the office of President becomes vacant, one of the vice presidents will be acting in the President’s role until the Governing Council shall appoint/elect a replacement.

 

12.2 Term of Office

 

  1. The Executive Committee members shall hold office for a period of two years from the date of the election at Annual General Meeting of the Federation.
  2. The President, 2 Vice-Presidents, Secretary, Assistant Secretary, Treasurer and Public Relations Officer shall be elected once every two years by a majority vote of the members present at the annual general meeting.

 

12.3 Responsibilities of the Executive Committee

 

The Executive Committee of the Federation shall:

 

  1. Manage the activities of the Federation.
  2. Administer the funds of the Federation.
  3. Receive applications for membership and make recommendations to the Governing Council.
  4. Appoint sub-committees or task forces as may be necessary.
  5. Ensure governance on executive committee members by
  6. Proceed with actions who fail to attend three consecutive meetings without an acceptable reason, shall be disqualified from participation in the executive committee.
  7. Ensure the Federation complies with its rules on calling and holding meetings
  8. Ensure minutes of all committee and general meetings are kept.
  9. Ensure an appropriate secretary is elected or appointed
  10. Ensure a copy of the incorporated association’s rules is available to all members
  11. Keep public liability insurance current, if the incorporated association is required to hold any.
  12. Have a nominated address for documents to be served (this must be a physical address, not a Post Office Box)
  13. Register land or interests in land gained by the association because of its incorporation
  14. Ensure the incorporated association’s name appears on the common seal.
  15. Ensure the incorporated association’s full name appears on all official documents such as advertising, business letters, accounts, official notices, publications, cheques and receipts
  16. Notify Queensland Government – Office of Fair Trading within one month of changes of office bearers (president, treasurer or secretary), the Federation’s postal address or the secretary’s residential address
  17. Ensure proper accounting records are kept which correctly record and explain the transactions of the incorporated association and its financial position
  18. Ensure the association’s financial affairs are audited or verified annually
  19. Ensure an AGM is held each year within six months of the end of the incorporated association’s financial year.
  20. Ensure the audited or verified financial statements of the accounts of the incorporated association are submitted to members at the AGM
  21. Lodge an annual return to the Queensland Government – Office of Fair Trading.

 

 

13.             SUB-COMMITTEES

 

The Governing Council may from time to time and consistent with the purposes of the Federation establish and maintain such sub-committees as are appropriate for the effective conduct and development of specified programs and activities.

 

The provisions relating to the establishment, conduct and functions of such sub-committees shall be as follows:

  1. A sub-committee may be established for a period not exceeding one calendar year at any General Meeting of the council for the purpose of fulfilling specified purposes.
  2. The establishment of such sub-committee may be initiated by either the Executive committee or the Council.
  3. Any such sub-committee shall comprise no less than three members.
  4. Any such sub-committee shall have the power to co-opt upon approvals from Executive Committee or Governing Council.
  5. Each sub-committee shall elect its own chairperson who shall be a member of the General Council.
  6. The role, duties, and conduct of sub-committees shall be vested in the Executive Committee.
  7. Any casual vacancies that may occur may be filled by the sub-committee with the approval of Executive Committee and any person so co-opted shall hold office until the expiration of the term for which his/her predecessor was elected.

 

 

14.             DUTIES OF OFFICE BEARERS

 

14.1 The President:

The President shall:

  1. Be responsible for the welfare and dignity of the Federation, the maintenance of harmony amongst its members and the strict observance by all members of the rules, regulations and procedures according to the FICQ constitution.
  2. Work with the Executive Committee towards obtaining funds, grants and other revenue.
  3. Call for meetings through Secretary as and when necessary, set agenda, chair all meetings of the Federation, including the General Council and the Executive Committee, and bring the meeting to consensus.
  4. Act as the Lead and Spokesperson for the Federation.
  5. Liaise with Community members and Government to promote the Federation.
  6. Oversee accounts, authorise payments as and when due.
  7. Oversee membership and database, website and yearly event calendar.
  8. Prepare Community notes – announcements.
  9. Liaise with Secretary fully to ensure all decisions and meeting notes are noted and maintained.
  10. Consider various suggestions and opportunities from the Committee, membership and the wider community, and respond.
  11. Attend and represent the Federation in various Multicultural gatherings, meetings, conferences and events.

 

14.2 Vice-President(s):

 

The vice-presidents shall:

 

  1. Assume the aforementioned duties and responsibilities in the absence of or on the resignation of the president.
  2. Assume any other duties and responsibilities as may be determined by the Federation’s executive committee and / or Governing Council.
  3. Attend and represent the Federation in various Multicultural gatherings, meetings, conferences and events.
  4. Assist Committee members to discharge their duty and community members to resolve issues.

14.3 Secretary and / or Assistant Secretary:

 

The Secretary and / or Assistant Secretary shall:

  1. Take and keep minutes for the incorporated association’s meetings.
  2. Keep the register of members
  3. Take nominations for the management committee.
  4. Provide appropriate notice to members for meetings.
  5. Call and convene special general meetings.
  6. Arrange the meeting venue and prepare the agenda.
  7. Coordinate any correspondence or reports to be presented at meetings.
  8. Circulate the minutes of meetings to members
  9. Complete any actions arising from meetings that require correspondence.
  10. Receive all incorporated association correspondence and bring urgent matters to the attention of the president or treasurer if necessary.
  11. Attend and represent the Federation in various Multicultural gatherings, meetings, conferences and events.

 

14.4 Treasurer:

 

The Treasurer shall:

  1. Keep and maintain an asset register for the incorporated association.
  2. Manage the petty cash balance and ensure the petty cash book is kept up-to-date.
  3. Keep all documentation for payments made including receipts, invoices and statements.
  4. Keep and maintain the incorporated association’s deposit and cheque books.
  5. Ensure all payments are approved or ratified by the management committee and are recorded in the minutes.
  6. Keep all financial records in Queensland.
  7. Keep either a receipt book of consecutively numbered receipts, or computer system records of them.
  8. Ensures financial documentations readiness for Auditing and Annual Return.
  9. Attend and represent the Federation in various Multicultural gatherings, meetings, conferences and events.

 

14.5 Public Relations Officer

 

  1. Maintain FICQ website after the approval by the Executive Committee.
  2. Update membership database and other contents of the Website.
  3. Coordinate with Government and Local Government offices to publicize festive event calendars and advertising materials.
  4. Coordinate with various newspapers to furnish articles and event information for publication.
  5. Advertise and promote all FICQ events using Social Media, Newspapers, Government and Local Government Calendars.
  6. Assist with tickets design and gate collections at the events of the Federation.
  7. Assume any other duties and responsibilities as may be determined by the General Council or Executive Committee.
  8. Attend and represent the Federation in various Multicultural gatherings, meetings, conferences and events.

15.             AUDITOR

The Auditor shall:

 

  1. Not be a member of the Executive Committee.
  2. Be appointed annually at the Federation’s Annual General Meeting.
  3. Examine and report the results of his examination to General Council at the Annual General Meeting.
    1. Should a vacancy occur in the office of auditor, the Federation Executives shall appoint a replacement auditor.

 

16.             PATRONS & ADVISORY BOARD

 

  1. One Person may be invited to be the Federation’s Patron by the Governing Council at the Annual General Meeting.
  2. Patron’s term lapses two years after the appointment, unless renewed at an annual general meeting.
  3. An Advisory Board may be formed by the appointed Patron at the Annual General Meeting.
  4. The Advisory Board may contain a maximum of five people wherein the immediate past president of the Federation will be a member of the Advisory Board.
  5. The Patron appointed will have no voting rights.
  6. The Executives of the Federation may seek Patron’s help from time to time with specific activities of the Federation.

17.             EXECUTIVE COMMITTEE MEETINGS

 

  1. The president is to preside as chairperson at a management committee meeting.
    1. If there is no president or if the president is not present within 10 minutes after the time fixed for a management committee meeting, the executive committee members may choose 1 of their number to preside as chairperson at the meeting.
  2. The management committee may meet and conduct its proceedings as it considers appropriate.
  3. The executive committee must meet at least once every 4 months to exercise its functions.
  4. The executive committee must decide how a meeting is to be called.
  5. Notice of a meeting is to be given in the way decided by the management committee.
  6. The management committee may hold meetings, or permit a committee member to take part in its meetings, by using any technology that reasonably allows the member to hear and take part in discussions as they happen.
  7. A committee member who participates in the meeting as mentioned in sub-rule (6) is taken to be present at the meeting.
  8. A question arising at a committee meeting is to be decided by a majority vote of members of the committee present at the meeting and, if the votes are equal, the question is decided in the negative.
  9. A member of the management committee must not vote on a question about a contract or proposed contract with the association if the member has an interest in the contract or proposed contract and, if the member does vote, the members vote must not be counted.

18.             ANNUAL GENERAL MEETINGS

 

The Executive Committee shall convene the Annual General Meeting of the Federation not later than two months after the end of the financial year at such place and time as may be determined by the Executive Committee, by giving at least fourteen (14) days’ notice to members, unless such meeting is to transact any special business when twenty-one (21) days’ notice shall be given. The Annual General Meeting shall be called for the following purposes:

 

  1. To confirm the minutes of the last Annual General Meeting.
  2. To receive the annual report of the Executive Committee.
  3. To receive the audited annual financial statements.
  4. To elect the Executive Officers.
  5. To appoint an Auditor who will audit the Federation’s accounts annually.
  6. To approve the annual budget, including determination of the subscription fee for the financial year.
  7. To appoint one patron.
  8. The Annual General Meeting may transact special business, notices of which have been given in accordance with the Rules.

 

19.             SPECIAL GENERAL MEETINGS (Governing Council Meeting)

 

  1. The secretary must call a special general meeting by giving each member of the association notice of the meeting within 14 days’ after
    1. Being directed to call the meeting by the executive committee; or
    2. Being given a written request signed by
      1. At least 33% of the number of members of the executive committee when the request is signed; or
      2. At least the number of ordinary members of the association equal to double the number of members of the association on the management committee when the request is signed plus 1; or
    3. Being given a written notice of an intention to appeal against the decision of the management committee
      1. To reject an application for membership; or
      2. To terminate a person’s membership.
    4. A request mentioned in sub-rule (1)(b) must state
      1. Why the special general meeting is being called; and
      2. The business to be conducted at the meeting.
    5. A special general meeting must be held within 3 months after the secretary
      1. Is directed to call the meeting by the executive committee; or
      2. Is given the written request mentioned in sub-rule (1)(b); or
      3. Is given the written notice of an intention to appeal mentioned in sub-rule (1) (c).
    6. If the secretary is unable or unwilling to call the special meeting, the president must call the meeting.

20.             QUORUM PROCEDURE DURING MEETINGS

 

20.1 Annual General & Special General (Governing Council) Meetings

 

  1. The quorum for general meeting is at least the number of members elected or appointed to the management committee at the close of the association’s last general meeting plus 1.
  2. However, if all members of the association are members of the management committee, the quorum is the total number of members less 1.
  3. No business may be conducted at a general meeting unless there is a quorum of members when the meeting proceeds to business.
  4. If there is no quorum within 30 minutes after the time fixed for a general meeting called on the request of members of the management committee or the association, the meeting lapses.
  5. If there is no quorum within 30 minutes after the time fixed for a general meeting called other than on the request of members of the management committee or the association
    1. The meeting is to be adjourned for at least 7 days, and
    2. The executive committee is to decide the day, time and place of the adjourned meeting.
  6. The chairperson may, with the consent of any meeting at which there is a quorum, and must if directed by the meeting, adjourn the meeting from time to time and from place to place.
  7. If a meeting is adjourned under sub-rule (6), only the business left unfinished at the meeting from which the adjournment took place may be conducted at the adjourned meeting.
  8. The secretary is not required to give the members notice of an adjournment or of the business to be conducted at an adjourned meeting unless a meeting is adjourned for at least 30 days.
  9. If a meeting is adjourned for at least 30 days, notice of the adjourned meeting must be given in the same way notice is given for an original meeting.

 

 

 

 

20.2 Executive Committee Meetings

 

  1. At the executive committee meeting, more than 50% of the members elected to the committee as at the close of the last general meeting of the members form a quorum.
  2. If there is no quorum within 30 minutes after the time fixed for a executive committee meeting called on the request of members of the committee, the meeting lapses.
  3. If there is no quorum within 30 minutes after the time fixed for the executive committee meeting called other than on the request of the members of the committee
    1. The meeting is to be adjourned for at least 1 day; and
    2. The members of the executive committee who are present are to decide the day, time and place of the adjourned meeting.
  4. If, at an adjourned meeting mentioned in sub-rule (3), there is no quorum within 30 minutes after the time fixed for the meeting, the meeting lapses.

21.             PROXY PROCEDURE FOR MEETINGS

  1. An instrument appointing a proxy must be in writing and be in the following or similar form—

[Name of association]:

I, of ,being
a member of the association, appoint
of
as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on the    day of
20
and at any adjournment of the meeting.

Signed this                    day of                                     20        .

Signature

  1. The instrument appointing a proxy must—
    1. if the appointor is an individual—be signed by the appointer or the appointer’s attorney properly authorised in writing; or
    2. if the appointer is a corporation—
      1. be under seal; or
      2. be signed by a properly authorised officer or attorney of the corporation.
    3. A proxy may be a member of the association or another person.
    4. The instrument appointing a proxy is taken to confer authority to demand or join in demanding a secret ballot.
    5. Each instrument appointing a proxy must be given to the secretary before the start of the meeting or adjourned meeting at which the person named in the instrument proposes to vote.
    6. Unless otherwise instructed by the appointer, the proxy may vote as the proxy considers appropriate.
    7. If a member wants a proxy to vote for or against a resolution, the instrument appointing the proxy must be in the following or similar form—

[Name of association]:

I, of , being
a member of the association, appoint

of
as my proxy to vote for me on my behalf at the (annual) general meeting of the association, to be held on the    day of
20
and at any adjournment of the meeting.

Signed this                    day of                                     20        .

Signature

This form is to be used *in favour of/*against [strike out whichever is not wanted] the following resolutions—

[List relevant resolutions]

22.             VOTING PROCEDURE FOR MEETINGS

 

  1. At a general meeting (Governing Council or Annual), each question, matter or resolution, other than a special resolution, must be decided by a majority of votes of the members present.
  2. Each member present (in person or in the form of proxy) and eligible to vote is entitled to 1 vote only and, if the votes are equal, the chairperson has a casting vote as well as a primary vote.
  3. A member is not entitled to vote at a general meeting if the member’s annual subscription is in arrears at the date of the meeting.
  4. The method of voting is to be decided by the executive committee or the voting officer nominated.
  5. However, if at least 20% of the member’s present demand a secret ballot, voting must be by secret ballot.
  6. If a secret ballot is held, the chairperson must appoint a voting officer to conduct the secret ballot in the way the chairperson decides.
  7. The result of a secret ballot as declared by the chairperson or voting officer is taken to be a resolution of the meeting at which the ballot was held.

 

23.             COMMON SEAL

 

  1. The management committee must ensure the association has a common seal.
  2. The common seal must be
    1. Kept securely by the executive committee; and
    2. Used only under the authority of the executive committee.
  3. Each instrument to which the seal is attached must be signed by a member of the executive committee and countersigned by
    1. The secretary; or
    2. Another member of the executive committee; or
    3. Someone authorised by the executive committee.

24.             NOTICE

 

  1. Any notice may be served by or on behalf of the Federation upon any member, either in person to the member delegate or by post at the address shown in the register of members.
  2. Where a notice is properly addressed, prepaid and posted to a person as a letter, the document shall, unless the contrary is proved, be deemed to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post. Any accidental omission to serve a notice on or the non-receipt of a notice by a member shall not invalidate the proceedings of a meeting of the General Council or the Executive Committee.

 

25.             INDEMNITY

 

The executive Committee and members of the General Council while performing their honorary duties under these rules shall be indemnified by the Federation from its funds for any loss, damages or cost of any legal proceedings except where the exercise of such powers or duties were ultra vires.

Member organisations shall not be liable for the acts of the Federation.

 

26.             ALTERATION OF RULES AND STATEMENT OF PURPOSES

 

Any amendments to the rules and statement of purposes may be made by the Governing Council only in accordance with the Associations Incorporation Act.

 

 

27.             BY-LAWS

 

The Executive Council shall make, repeal or amend by-laws for the conduct and management of the Federation, subject to approval by the Governing Council.

28.             ORGANISATIONAL CATEGORY

 

The assets and income of the Federation shall be applied solely in furtherance of its above mentioned objectives and no portion shall be distributed directly or indirectly to the members of the Federation except as bona fide compensation for services rendered or expenses incurred on behalf of the Federation.

29.             DISSOLUTION

 

Dissolution of the Federation shall be by a motion to that effect carried at a special general meeting of the Governing Council, 21 days’ notice of which has been given to member organisations, convened specially for this purpose.

To take effect, the motion shall be carried by:

 

  1. Three quarters of the members present and entitled to vote;
  2. Three quarters of those entitled to vote must be present at the meeting.
  3. If The Federation of Indian Communities of Queensland Educational Building Fund is wound up or if the endorsement of the Fund as a deductible gift recipient is revoked, then surplus assets or gift fund remaining after payment of liabilities attributable to it shall be transferred to a fund, authority or institution which upholds similar aims to those of the Federation and to which income tax deductible gifts can be made.
  4. If upon the winding up or dissolution of the Federation there remains after satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members but shall be given or transferred to some other institution or institutions which is itself a non-profit organisation.

 

 

30.             APPENDIX – 1

 

 

 

APPLICATION FOR MEMBERSHIP OF THE FICQ

 

Name of the Association:

 

Hereby apply for Membership of the Federation of Indian Communities of Queensland.

 

In the event of admission as a Member, we agree to be bound by the rules of the FICQ as stated in the constitution of the FICQ.

 

We have enclosed the following documents to consider our application.

 

  • Certificate of incorporation
  • Constitution
  • Number of financial members
  • Names of the office bearers

 

 

Signature of Office bearer

 

 

 

…………………………………………Position………………………..

 

Date……………….

 

Received with a fee of $……………on:

 

Presented at the Governing Council meeting on……………………………

 

Approved by the President on………………

 

 

Membership is open for all community organisations or associations interested in mutual learning, understanding and supporting Indian culture, and traditions. 

 

An incorporated or registered organisation or association will be eligible for the membership.

 

All membership applications need the approval by the Executive and the Governing Council of FICQ.

Constitution – Feb 2016 – FINAL – V1.2