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FICQ CONSTITUTION
TABLE OF CONTENTS
1 VISION
To be the apex body representing all the Indian communities of Queensland to further cultural, educational, social and economic interests of its members.
2 MISSION
Develop and deliver education, training and community development opportunities for the members of the Indian communities in Queensland. This will encompass the following:
2.1 establishing the educational foundation for the teaching of Indian culture, languages, traditions and other related subjects not taught in current school curricula;
2.2 building facilities to further the education, training and development of the community; 2.3 representing the Indian communities on cultural, multicultural and social issues at the local, state, federal and international levels; 2.4 gathering information and wherever possible and appropriate, coordinating the activities of kindred organisations in Brisbane, Queensland and Australia; 2.5 keeping the Indian communities informed of the current affairs affecting them; 2.6 refraining from alignment with any political, religious and affiliated groups by maintaining a non-partisan neutral position; 2.7 holding property and assets in trust for the benefit of the community; 2.8 refraining from interfering with the running of the individual member organisations in their own right. 3 ORGANISATION ARRANGEMENTS
3.1 Establish a fully incorporated Federation of Indian Communities of Queensland.3.2 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.3.3 Establish a governing council and the governing council of the apex body of the Indian communities of Queensland federation shall be made up of one vote per participating club.
4 FEDERATION OF INDIAN COMMUNITIES OF QLD INC.
4.1 Membership of the Indian communities of Queensland is open to all organisations who identify with India or who are of Indian sub-continent origin that are constitutionally structured and incorporated.
4.2 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. 4.3 Each member organisation will be levied an annual fee of $ 50.00. Failure to pay the annual fee will lead to automatic suspension from Federation membership. 4.4 Four office bearers are to be elected by the governing council. These include the President, vice-president, Secretary, and Treasurer. 4.5 The office bearers do not necessarily have to be members of the Federation or belong to any member organisation. Federation members may invite any individual to hold office. 4.6 The term of appointment of office bearers will be 2 years with eligibility for re-election. 4.7 Any office bearer may resign from his/her position by formally notifying the governing council at least one month beforehand. 4.8 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.4.9 All office bearers are honorary appointments and no entitlements are attached to the positions. 4.10 All funds are to be held in a trust account and require the signature of the Treasurer and two other office bearers for withdrawals. All accounts are to be formally audited by a registered accountant at the end of the financial year. 4.11 Quorum for any executive committee meeting shall be the President, Secretary or Treasurer and the Vice President. 4.12 Quorum for any General Meeting shall be 50% of total governing council membership. 5 THE ORGANISATION
5.1 The name of the organisation shall be Federation of Indian Communities of Queensland incorporated (hereinafter referred to as the “Federation”).5.2 The Federation is an association of organisations from within Queensland.
6 REGISTERED ADDRESS
The registered address of the Federation shall be the address of the Secretary for the time being or such other office as the General Council may determine.
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: 7.1 Member shall mean a fully incorporated Association which has been admitted to membership of the Federation.7.2 Associate Member shall mean any unincorporated body which fulfil the following conditions:A minimum membership of 30 has been in existence for 12 months must have a bank account in the organisation’s name Associate members shall not vote on the Governing Council but are eligible for election as office bearers7.3 Governing Council shall mean the controlling authority, as defined in Rule 11to 11.3.11 inclusive.
7.4 Executive Committee shall mean the committee of management comprising of the President, Vice-President, Secretary and Treasurer. 7.5 Financial Year of the Federation shall be from 1 July of one year to 30 June of the succeeding year. 8 MEMBERSHIP
8.1 Eligibility
Membership is open for all community organisations or associations interested in mutual learning, understanding and supporting of the Indian culture, tradition and socialisation. An incorporated or registered organisation or association will be eligible for the membership. In addition, a business council and/or business will also be eligible for the membership. All these membership will have voting rights.
An unincorporated organisation or association can be a member; however, they will not have voting rights for a year. All membership needs the approval by the Executives of FICQ. 8.2 Application for Membership 8.2.1 Application for membership shall be in writing and in the form as set out in clause 26 “Appendix 1″and addressed to the Secretary. The application shall be accompanied by a copy of the registration certificate of the organisation, a list of the office-bearers of the applicant organisation, the appropriate joining fee and annual subscription. Each applicant shall agree to specifically abide by the rules of the Federation of Indian Communities of Queensland as stipulated in the articles of association. 8.2.2 The Secretary shall include on the agenda of the next council meeting after the date of receipt of the application for General Council consideration all applications for membership. 8.2.3 The Governing Council by a simple majority vote shall admit applications to membership. 8.3 Subscription 8.3.2 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 thirtieth day of June the following year. 8.4 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. 8.5 Resignation of a Member 8.5.2 Upon expiration of notice given under sub-clause 8.5.1. Secretary shall make an entry in the Register of Members recording the date on which that Member ceased to be a member. 8.6 Termination of Membership The membership of a member shall cease on: Dissolution of a member organisation;non-payment of subscription within the time limit as specified in Rule 8.3.1 and after a written demand for payment. 8.7 Expulsion 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 PROVIDED THAT 8.7.1 Such expulsion shall not be valid unless it is approved by a majority of two-thirds of the Members of the Federation of governing council present and voting in a secret ballot at a special Governing Council Meeting convened for that purpose. A member organisation shall retain the right to independent management of its affairs in accordance with its own constitution or rules. 9 FUNDS
9.1 The Federation’s source of funds shall be:9.1.1 Joining Fees and subscriptions from member organisations as determined from time to time by the Governing Council.9.1.2 Donations, endowments, subsidies, grants and such other sources as may be determined by the Governing Council.9.2 All 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
10.1 To buy, sell and deal in all kinds of articles, commodities and provisions, both liquid and solid, for the members of the Federation or persons frequenting the Federation’s premises.10.2 To purchase, take on lease or in exchange, hire and otherwise acquire any lands, buildings, easements or property, real and personal, and any rights or privileges which may be requisite for the purpose of, or capable of being conveniently used in connection with, any of the objects of the Federation. Provided that in case the Federation shall take or hold any property which may be subject to any trusts the Federation shall only deal with the same in such manner as is allowed by law having regard to such trusts.10.3 To enter into any arrangements with any Government or Authority that are incidental or conducive to the attainment of the objects and the exercise of the powers of the Federation to obtain from ant such Government or Authority any rights, privileges and concessions which the Federation may think it desirable to obtain; and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions.10.4 To appoint, employ, remove or suspend such managers, clerks, secretaries, servants, workmen and other persons as may be necessary or convenient for the purposes of the Federation.
10.5 To construct, improve, maintain, develop, work, manage, carry out, alter or control any houses, buildings, grounds, works or conveniences which may seem calculated directly or indirectly to advance the Federation interests, and to contribute to, subsidise or otherwise assist and take part in the construction, improvement, maintenance, development, working, management, carrying out, alteration or control thereof. 10.5.1 To establish a gift fund, The Federation of Indian Communities of Queensland Educational Building Fund, in accordance with the requirements of the Australian taxation law for Deductible Gift Recipients, for the purposes of receiving gifts and donations for the building of a school and educational facility. The fund is subject to the provisions of the Associations Incorporation Act 1981 and the resolutions of the management committee of the Association. 10.6 To invest and deal with money of the Federation not immediately required in such manner as may from time to time be thought fit. 10.7 To take, or otherwise acquire, and hold shares, debentures or other securities of any company or body corporate 10.8 To lend or advance money either alone or jointly with any other person or body corporate; to guarantee or give guarantees or indemnities for the payment of money or the performance of contracts or obligations by any person or body corporate, and otherwise to assist any person or body corporate. 10.9 To borrow or raise money either alone or jointly with any other person or legal entity in such manner as may be thought proper and whether upon fluctuating advance account or overdraft or otherwise to represent or secure any moneys and further advances borrowed or to be borrowed alone or with others as aforesaid by notes secured or unsecured, debentures or debenture stock perpetual or otherwise, or by mortgage, charge, lien or other security upon the whole or any part of the incorporated Federation’s property or assets present or future and to purchase, redeem or pay off any such securities. 10.10 To draw, make, accept, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments. 10.11 To sell, improve, manage, develop, exchange, lease, dispose of, turn to account or otherwise deal with all or any part of the property and rights of the Federation. 10.12 To take or hold mortgages, liens or charges, to secure payment of the purchase price, or any unpaid balance of the purchase price, of any part of the Federation property of whatsoever kind sold by the Federation, or any money due to the Federation from purchasers and others. 10.13 To take any gift of property whether subject to any special trust or not, for any one or more of the objects of the Federation but subject always to the proviso in paragraph 10.2. 10.14 To take such steps by personal or written appeals, public meetings or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Federation in the shape of donations, annual subscriptions or otherwise. 10.15 To print and publish any newspapers, periodicals, books or leaflets that the Federation may think desirable for the promotion of its objects. 10.16 To amalgamate with any one or more incorporated associations, having objects altogether or in part similar to those of the Federation and which shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as that imposed upon the Federation under or by virtue of the rules. 10.17 To purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of any one or more of the incorporated associations with which the Federation is authorised to amalgamate. 10.18 To transfer all or any part of the property, assets, liabilities and engagements of the Federation to any one or more of the incorporated associations with which the Federation is authorised to amalgamate. 10.19 To make donations for patriotic, charitable or community purposes. 10.20 To do all such things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the Federation. 11 THE GOVERNING COUNCIL
11.1 CompositionThe Governing Council shall consist of:11.1.1 One delegate from each member organisation who shall be entitled to have one vote only;11.1.2 The immediate past President, but who shall have no vote
11.1.3 The president who shall have a casting vote in the event of a tied vote. 11.2 Powers and Duties The Governing Council 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: 11.2.1 To develop policies that are consistent with the purposes set out in Rules 8 and 10; 11.2.2 To admit new member organisations in accordance with Rule 8; 11.2.3 To elect members of the executive committee who may not necessarily be members of the Governing Council; 11.2.4 To elect representatives to Associations with which the Federation is affiliated. 11.2.5 To appoint an auditor in accordance with Rule 15; 11.2.6 To receive and approve reports of the executive committee and sub-committees; 11.2.7 To approve the budget for the following financial year as prepared by the executive committee; 11.2.8 To amend the rules as necessary in accordance with Rule 22; 11.2.9 To vote on the dissolution of the Federation; 11.2.10 To decide on all matters affecting the Federation which are not within the purview of the executive committee 11.3 Meetings 11.3.1 The Governing Council shall meet at least six times a year, one of which will be the annual general meeting; 11.3.2 Quorum at meetings including any adjournments thereof, shall be 50% of the member organisations. 11.3.3 All business that is transacted as a special Governing Council meeting and all business that is transacted at the annual general meeting with the exception of that specially referred to in these Rules as being ordinary business of the annual general meeting shall be deemed to be special business. 11.3.4 No item of business shall be transacted at a Governing Council meeting unless a quorum of members entitled under these Rules to vote is present during the time when the meeting is considering the item. 11.3.5 If within thirty minutes after the appointed time for the commencement of the meeting, a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the next week at the same time and (unless another place is specified by the Chairman at the time of the adjournment or by written notice to members give before the day to which the meeting is adjourned) at the same place and if at the adjourned meeting the quorum is not present within thirty minutes after the time appointed for the commencement of the meeting, the members present shall be a quorum. 11.3.6 The meeting shall be chaired by the President and in his absence the Vice President. Should both the President and Vice President be absent, the Chairman for that meeting shall be elected by a simple vote of members present. 11.3.7 All motions put to the meeting of the Governing Council shall be decided upon by a simple majority of votes unless otherwise required by the Rules. The Chairman of the meeting shall have a casting vote as distinct from his or her ordinary vote in the event of equality of voting. 11.3.8 All votes shall be given personally or by proxy. 11.3.9 Votes shall be counted by a show of hands unless the meeting decides by a simple majority to vote by secret ballot. 11.3.10 All members shall be financial members or they cannot participate in the Governing Council (or be elected to the executive committee). 11.3.11 The Governing Council shall have the right to expel a delegate from the meeting if in its opinion, the conduct of the delegate is prejudicial to the interests of the Federation. Such decision shall be made by a two thirds majority vote. 12 EXECUTIVE COMMITTEE
12.1 Composition12.1.1 The affairs of the Federation shall be managed by an Executive Committee which shall comprise of the President, Vice-President, Secretary and Treasurer in accordance with rule 13.12.1.2 The Executive Committee shall have the power to appoint paid assistants with the approval of the Governing Council first having being sought and obtained.12.1.3 Members of the Executive Committee shall not hold paid office of the Federation.
12.1.4 Any Executive Committee member resigning shall do so in writing. In the event of a casual vacancy occurring in the Executive Committee, such 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 the Governing Council shall appoint a replacement. 12.2 Term of Office The Executive Committee members shall hold office for a period of two years, save as provided hereunder: 12.2.1 The President, Vice-President, Secretary and Treasurer shall be elected once every two years by a majority vote of the members present at the annual general meeting. 12.3 Powers and Duties The executive committee shall: 12.3.1 Manage the activities of the Federation; 12.3.2 Convene meetings of, and report to, the Governing Council; 12.3.3 Administer the funds of the Federation; 12.3.4 Receive applications for membership and make recommendations to the Governing Council; 12.3.5 Appoint sub-committees or task forces as may be necessary. 12.4 Meetings The committee shall meet at least once every month; 12.4.1 Resolution shall be carried by a simple majority of votes. The Chairman shall have a casting vote as distinct from his/her ordinary vote, in case of equality; 12.4.2 Votes shall be counted by a show of hands, unless the meeting decides by a simple majority to vote by secret ballot; 12.4.3 ation in the executive committee.
13 SUB-COMMITTEES
13.1 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.
13.2 The provisions relating to the establishment, conduct and functions of such sub-committees shall be as follows:13.3 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;13.4 the establishment of such sub-committee may be initiated by either the Executive committee or the Council; 13.5 any such sub-committee shall comprise no less than three members elected by the Council; 13.6 any such sub-committee shall have the power to co-opt members with the approval of Council; 13.7 each sub-committee shall elect its own chairperson who shall be a member of the Council; 13.8 the role, duties, and conduct of sub-committees shall be vested in the Executive Committee; 13.9 any casual vacancies that may occur may be filled by the sub-committee with the approval of Council 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 PresidentThe President shall:14.1.1 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 herein contained;14.1.2 Direct the Executive Committee towards obtaining funds, grants and other revenue;
14.1.3 Preside at all meetings of the Federation, including the General Council and the Executive Committee; 14.1.4 Act as the spokesperson for the Federation. 14.2 Vice-President The vice-president shall: 14.2.1 Assume the aforementioned duties and responsibilities in the absence of or on the resignation of the president; 14.2.2 Assume any other duties and responsibilities as may be determined by the Governing Council. 14.3 The Secretary The Secretary shall: 14.3.1 Keep and record in the book or books provided for that purpose the minutes of the proceedings, motions moved and resolutions of the General Council and Executive Committee meetings, together with the names of the persons present at such meetings; Issue notices of meetings as prescribed herein; 14.3.2 Conduct correspondence and implement the decisions of the General Council and Executive Committee meetings; 14.3.3 Keep in safe custody the files, common seal, securities and other records and documents of the Federation; 14.3.4 Co-ordinate and submit for approval of the Executive Committee, the Annual Report for presentation to the Annual General Meeting; 14.3.5 Maintain a register of members. The register shall be open to inspection by members at all meetings; 14.3.6 Assume any other duties and responsibilities as may be determined by the General Council or Executive Committee. 14.4 The Treasurer The Treasurer shall: 14.4.1 Collect and receive all moneys due to the Federation and make all payments authorised by the Federation, and 14.4.2 Keep correct accounts and books showing the financial affairs of the Federation with full details of all receipts and expenditure connected with the activities of the Federation; 14.4.3 Prepare annual financial statements and after audit: present them to the General Council for adoption at the Annual General Meeting; 14.4.4 Circulate a copy to each member organisation; 14.4.5 Make available for inspection by members, the accounts and books of the Federation; 14.4.6 Assume any other duties and responsibilities as may be determined by the General Council or Executive Committee
15 AUDITOR
The Auditor shall: Not be a member of the Executive Committee; Be appointed annually at the Annual General Meeting; Examine and report the results of his examination to General Council at the Annual General Meeting Should a vacancy occur in the office of auditor, the General Council shall appoint a replacement. 16 PATRONS
One or more persons may be invited to be Patrons by the Governing Council at the Annual General Meeting. 17 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: To confirm the minutes of the last Annual General Meeting; 17.1 To receive the annual report of the Executive Committee 17.2 To receive the audited annual financial statements; 17.3 To elect the Executive Officers 17.4 To appoint an auditor 17.5 To approve the annual budget, including determination of the subscription fee for the financial year; 17.6 To appoint one or more Patrons. The Annual General Meeting may transact special business, notices of which have been given in accordance with the Rules. 18 SPECIAL GENERAL MEETINGS
18.1 A special general meeting may be called at any time by the Executive Committee for the transaction of urgent business, provided that twenty-one days notice is given to the members. Notice of the meeting, proposed agenda and motions are to be circulated to all members, member organisations and members of the Executive Committee. 18.2 The Executive Committee shall, on the requisition in writing of one third of the members, convene a special general meeting of the Federation. 18.3 Any such request for a special general meeting shall state the purpose of the meeting, shall be signed by members making the request and shall be sent to the registered address of the Federation. 18.4 Should the Executive Committee fail to convene the special general meeting within one month of the date of the receipt of the request, than the persons requesting the meeting may themselves call a special general meeting, giving no less than twenty one days notice to all members. 18.5 Only matters included in the notification shall be the business discussed at such special general meeting 18.6 All reasonable expenses incurred in convening the meeting shall be refunded by the Federation to the persons incurring the expenses. 19 COMMON SEAL
The common seal of the Federation shall be kept in the custody of the Secretary and shall be affixed to an instrument pursuant to a resolution of the Executive Committee and not otherwise. Any two Executive Committee members shall respectively sign and countersign every instrument to which the common seal is affixed and the secretary shall keep a record of all instruments to which the common seal is affixed. 20 NOTICE
20.1 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. 20.2 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. 21 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. 22 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 23 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. 24 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. 25 DISSOLUTION
25.1 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. 25.2 To take effect the motion shall be carried by: 25.2.1 Three quarters of the members present and entitled to vote; 25.2.2 Three quarters of those entitled to vote must be present at the meeting. 25.2.3 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. 25.2.4 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.
26 Appendix 1:
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| Federation of Indian Communities of Queensland Inc. ( FICQ ) |
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