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Here is the proposed Constitution of the Hindu Community Council of Victoria. HCCV Members are invited to suggest additions and editions.
CONSTITUTION OF THE HINDU COMMUNITY COUNCIL OF VICTORIA
As revised 10TH June 2010
1. THE NAME of the organization is the Hindu Community Council of Victoria Incorporated, hereinafter referred to as 'the Council'.
2. THE AIMS AND OBJECTIVES of the Council are set out hereunder:
2.1 To serve as the representative organization for Hindu temples, groups and organizations in Victoria.
2.2 To liaise with local, State and Commonwealth government departments on behalf of its members.
2.3 To keep a watchful eye and to take appropriate action in cases of prejudice, misinformation, disadvantage and insult to member organizations or to Hinduism in general.
2.4 To assist in the resolution of disputes between member organizations, if mutually invited, by arranging for independent mediation.
2.5 To foster a spirit of fellowship, co-operation, friendship and goodwill between all Hindu groups in Victoria.
2.6 To facilitate the exchange of information and resources between members regarding their respective activities.
2.7 To serve as a forum for the discussion of matters of common interest to members.
2.8 To co-operate with other religious groups, to work for peace and harmony through inter-religious co-operation.
2.9 To facilitate the representation of Hinduism and Vedic cultural groups in inter-religious organizations and activities.
2.10 To support and promote the development of social welfare activities.
2.11 To encourage the development and dissemination of education resources on Hinduism in Victoria.
2.12 To conduct training programs on Hinduism, youth leadership and community service.
2.13 To facilitate community service as required.
2.14 To organize and/or sponsor public talks, forums and seminars on Hinduism and Vedic culture and other related subjects.
2.15 To produce publications on Hinduism.
2.16 To direct and channel media and other enquiries to the relevant members and sources of information.
2.17 To express the Hindu perspective on social and ethical matters.
2.18 To develop a Hindu Library and resource centre.
In pursuance of the above Aims and Objectives and to assist in the furtherance thereof whether directly or indirectly:
2.19 To acquire by purchase, lease, exchange or otherwise, land, buildings and hereditaments of any tenure or description situated in Victoria and any estate therein and any rights over or connected with any such lands, buildings and hereditaments and to construct at and/or maintain improvements thereon.
2.20 To purchase or otherwise acquire and to sell, exchange, surrender, lease, mortgage, charge or otherwise deal with and dispose of property both real and personal of whatsoever nature.
2.21 To borrow or raise or secure payments of moneys in such manner as the Management Committee of the Council may think fit and to secure same for the repayment or performance of any debt liability, contract, guarantee or other engagement incurred or to be entered into by the Council in any way.
2.22 To draw, make, accept, endorse, discard, execute and issue promissory notes, bills of exchange and other negotiable or transferable instruments.
2.23 To enter into any arrangements with any government or authority, local or otherwise, that the Management Committee may consider conducive to the aims and objectives of the Council, and to obtain from any such government or authority any such rights, privileges and concessions which the Management Committee may deem desirable, and to obtain and to carry out, exercise and comply with any such arrangements, rights, and privileges and concessions.
2.24 To purchase, take on lease or in exchange, hire and/or otherwise acquire any real and personal property and any rights and privileges that the Management Committee may think necessary or convenient for the furtherance of the objectives of the Council.
2.25 To construct, improve, maintain, develop, work, manage, carry out or control any property assets or interest that the Management Committee discerns with either directly or indirectly advance the interests of the Council and to continue to subsidize or otherwise assist or to take part in the construction, improvement, maintenance development, working, management, carrying out or control thereof.
2.26 To invest and deal with money of the Council in such manner as from time to time may be thought fit.
2.27 To act for trustees and to do any act or thing in relation to any matter arising out of any trust and or funds that may be established for the benefit of the Council.
3. INTERPRETATION
3.1 In these Rules except in so far as the context or subject matter otherwise indicates or requires:
- Hindu means a person who has sincerely gone for refuge and thereby accepts the ideals of the Vedic culture or Sanatana Dharma.
- Secretary means the person holding office under these rules as Secretary of the Council.
- Special General Meeting means a general meeting of the members of the Council other than the annual general meeting.
- The Act means the Associations Incorporation Act, 1981 (Victoria).
- The Regulation means the Associations Incorporation Regulation (Victoria).
- The financial year shall be the year ending 31st December.
3.2 In these Rules:
- A reference to a function includes a reference to a power, authority and duty; and
- A reference to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.
- The provisions of the Interpretation of Legislation Act, 1984 (Victoria), apply to and in respect of these Rules in the same manner as those provisions would also apply if these Rules were an instrument made under the Act.
4. MEMBERSHIP
4.1 Membership of the Council shall be open to Hindu temples, groups and organizations operating in Victoria. To qualify for membership, the group or organization should unite a number of persons in a common Vedic cultural activity with or without a constitution or formal membership, but must have an executive body or person to act on its behalf.
4.2 Candidates for membership to the Council will be admitted to membership only after examination and approval of the credentials of the candidate body by the Management Committee of the Council
4.3 A register shall be kept including the name, address and telephone number of each member organization, hereinafter referred to as Member.
4.4 Association as a Friend of the Council is open to any Hindu who supports the aims and objectives of the Council. Friends of the Council do not have voting rights, but may participate in discussions at meetings and offer assistance to the Council when required. Annual subscription fees for Friends of the Council are as determined under Clause 9 of this Constitution.
5. NOMINATION FOR MEMBERSHIP
5.1 A nomination of a temple, group or organization for membership of the Council:
- shall be made by a member of the Council in writing in the form set out in Appendix 1 to these rules; and
- shall be accompanied by a copy of the constitution of the applicant organization, unless that organization is without a constitution;
- shall be lodged with the Secretary of the Council.
5.2 As soon as practicable after receiving a nomination for membership, the Secretary shall refer the nomination to the Management Committee that shall determine whether to approve or reject the nomination.
5.3 Where the Management Committee determines to approve a nomination for membership, the secretary shall as soon as practicable after that determination, notify the nominee of that approval and request the nominee to pay, within the period of 28 days after the receipt by the nominee of the notification, the sum payable under these Rules by a member as an entrance fee and annual subscription.
5.4 The secretary shall, on payment by the nominee of the amounts referred to in Section 9, issue to the nominee a certificate of accredited membership in the Council.
5.5 The secretary shall, on payment by the nominee of the amounts referred to in Section 9 within the period referred to in that section, enter the nominees name on the register of members and upon the name being so entered, the nominee becomes a member of the Council.
6. MEMBERS' LIABILITIES
Members of the Council shall not be liable for contribution towards the debts and liabilities of the Council or the costs, charges and expenses of winding up of the Council.
7. DISCIPLINE OF MEMBERS
7.1 If, following unsuccessful attempts and means of conciliation and conflict resolution, particularly in accordance with Hindu traditions, the Management Committee may elect to call a Special General Meeting, in accordance with Section 19 below, so as to withdraw membership of a member organization should that member organization conduct itself in a manner likely to bring discredit to the good name of Hinduism. In order for any decision to be taken, the meeting must have a quorum as specified in Section 18.2 below and the decision shall be taken following a recommendation of 80% of the vote.
7.2 Where the Management Committee is of the opinion that a member of the Council:
- has persistently refused or neglected to comply with a provision or provisions of these Rules, or
- has persistently and willfully acted in a manner prejudicial to the interest of the Council;
the Management Committee may by resolution:
- i. suspend that member from membership of the Council for a specified period; and the Management Committee shall serve notice of such a resolution on the member within 14 days of the passing of such a resolution; or
- ii. expel the member from the Council.
7.3 A member shall have the right of appeal against a resolution of the Management Committee under Section 7.2 herein. Said appellant may, within twenty eight (28) days of dismissal or suspension, lodge an appeal in writing. Such appeal shall be decided by a simple majority vote at the next General Meeting. However, if the appellant wishes the appeal to be determined prior to the date of the next General Meeting, the appellant shall deposit, with the notice of appeal, a sum determined by the Management Committee to be commensurate with the cost in calling a Special General Meeting.
- On receipt of an appeal, and the appropriate deposit, the Secretary shall call a Special General Meeting within twenty eight (28) days, and of which seven (7) days notice shall be given.
- A representative of the appellant organization shall be entitled to be present and to be heard in support of their claim at such time in which it is dealt.
8. CESSATION OF MEMBERSHIP.
A temple, group or organization shall cease to be a member of the Council if that temple, group or organization:
- is dissolved;
- resigns that membership; or
- becomes un-financial for two successive years.
9. FEES AND SUBSCRIPTIONS
9.1 A member of the Council shall upon admission to membership pay an amount determined, from time to time, by the Management Committee.
9.2 In addition to an amount payable under 9.1, a member of the Council shall pay to the Council an annual membership fee as determined, from time to time, by the Management Committee, of that other amount.
9.3 Except where provided by Section 9.4 below, admission and membership fees shall be paid before the 1st of October, or some other date as determined by the Management Committee, in any calendar year; or
9.4 Where the member becomes a member on or after the 1st of October, or some other date as determined by the Management Committee, in any calendar year - upon becoming a member and before the 1st of October in each succeeding calendar year.
10. DELEGATES
10.1 Each member shall be represented on the Council by not more than two delegates. The member shall inform the Council of the names of the persons whom it accredits as the delegates, and is free to revoke or alter the accreditation of a delegate at any time.
10.2 Only one delegate representing any member at any meeting where that member is entitled to vote shall be eligible to vote on behalf of that member.
10.3 Should any delegate act at Council meetings in such a manner as to cause disharmony in the conduct of meetings or insult to any delegate or Executive Officer of the Council, the Council on not less than 60% vote of the members' representatives present at that meeting, may require that delegate to leave that meeting at the conclusion of that vote and may request the member, in writing, that their delegate so censured be replaced if such behaviour persists.
11. MANAGEMENT
11.1 The Council shall be an autonomous body and sole responsibility for the administration of its affairs rests with the members and Management Committee.
11.2 The management of the Council shall be vested in a Management Committee consisting of the office bearers which are Chair, Vice Chair, Treasurer, Secretary and five (5) ordinary members of the Committee. Where there is a reference in the constitution to the office bearers of the Management Committee it shall be deemed to include the four positions of Chair, Vice Chair, Treasurer and Secretary.
11.3 Positions of office shall be held in trust for those member organizations from which the accredited delegates are selected to those positions. The selected officer bearers shall serve for one year. However, office bearers shall remain as member organization’s accredited representatives for that period, unless the Management Committee is notified otherwise, at which time the accredited delegate of that member organization will assume office.
11.4 No member organization shall have representation on the Management Committee for more than six successive terms of office. A member organization having served six successive terms on the Management Committee will again be eligible to be represented after a gap of one term. If a person has represented an organization for six successive terms, then they cease to be eligible to be on the committee for one term, even if they change organizations.
11.5 Each member of the Management Committee shall be selected to office on an annual basis at the Annual General Meeting and shall, subject to these Rules, hold office until the conclusion of the annual general meeting following the date of the members election, and is eligible for a further term in office, subject to the provisions of clause 11.4.
11.6 Any casual vacancy occurring on the Management Committee may be filled by the Management Committee and the person so appointed to fill such a vacancy shall hold office for the expired term of the representative so replaced.
11.7 Selection to office will be determined by the process described in Section 13 below.
11.8 No member's representative on the Management Committee shall be appointed to any salaried office of the Council paid by fees. Neither shall any remuneration or other benefit in money or money's worth be given by the Council to any member's representative on the Management Committee, free except for repayment of out-of-pocket expenses.
12. PROCEEDINGS OF THE MANAGEMENT COMMITTEE
12.1 The Management Committee will meet together for the dispatch of business adjourn and otherwise appoint and regulate its meetings as it sees fit. The Chairperson may at any time and the Secretary on the requisition of any two members of the Management Committee may summon a meeting of the Management Committee.
12.2 A quorum shall consist of more than half the numbers of the members of the Management Committee.
12.3 Questions arising at any meeting of the Management Committee shall wherever possible, be decided by consensus. In the event of genuine disagreement, questions shall be decided by a majority of votes of those present and a determination of the majority of members of the Management Committee shall for all purposes be a determination of the Management Committee. The dissenting views shall be recorded and minuted.
In the case of an equality of votes, the question shall be held over until the next meeting. Following this procedure, should the vote remain equally divided, the Chair is entitled to a second or casting vote.
12.4 The continuing members of the Management Committee may act, not withstanding any vacancy in the Management Committee; but if and so long as their number is below the number fixed by or pursuant to these Rules as the necessary quorum, the continuing member or members may act for increasing the number of members of the Management Committee from amongst the members, which they are hereby empowered to do, or of summoning a general meeting of the Council, but for no other purpose.
12.5 Except in the case of an extraordinary meeting, as defined and called by the Management Committee, meetings of the Management Committee shall be open to all members of the Hindu delegates and observers from members of the Council.
13. SELECTION OF THE MANAGEMENT COMMITTEE
Operating under the parameters of 11.5 above, Office Bearers shall be elected in accordance with the procedures outlined below and the five committee members shall be chosen by random selection in accordance with the procedures outlined below.
13.1 Any Hindu, nominated by a member organization to be their delegate shall be eligible to run for the offices of Chairperson, Vice-Chair, Secretary or Treasurer of the Council, upon submitting an application in writing to the Management Committee at least fourteen (14) days before the date of the annual general meeting.
13.2 If no applications for the offices of Chairperson, Vice-Chair, Secretary and Treasurer are received by the Management Committee, by the closing date, the Management Committee shall submit at least four names and not more than six names of possible candidates to contest the election of office bearers at the annual general meeting of the Council.
13.3 If more than one candidate is standing for election for Chairperson, Vice-Chair, Secretary or Treasurer, the person with the majority of votes of the members' delegates present at the annual general meeting shall be deemed to be elected to that position.
13.4 After the holding of the election of office bearers at the annual general meeting, the selection of the five ordinary members of the Management Committee shall be made from the floor of the meeting. 'However, a currently serving ordinary member of the management committee may, with the majority vote of those members present at the AGM be reconfirmed in the position of ordinary member for the following term up to four consecutive terms inclusive. However, if a currently serving ordinary member of the Management Committee wishes to continue for a further term they may be reconfirmed as an ordinary member by a majority vote of those present at the AGM prior to the selection of the balance of ordinary members.
13.5 Any accredited delegate from a member organization shall be eligible for selection for office on the Management Committee; and
13.6 Selection shall be made at random from the list of current member organizations whose delegates do not currently hold a seat on the Management Committee. Selected ordinary committee members shall serve a term of one year, with a maximum of six consecutive terms.
13.7 Prior to the election of office bearers, the retiring Management Committee shall present the annual report and the financial statement to the Annual General Meeting.
13.8 At the conclusion of the annual general meeting, following the selection of the new Management Committee, the retiring Management Committee shall resign and hand control of all books and properties to the incoming Management Committee.
14. VACATION OF OFFICE
The office of a member of the Management Committee or of a trustee shall become vacant if:
14.1 The represented member organization becomes bankrupt or makes any arrangement or composition with his/her creditors generally.
14.2 The represented member organization winds up.
14.3 The represented member organization resigns its office in writing to the Council.
14.4 The office bearer or his/her alternative is absent for more than six months, without leave of the Management Committee, from meetings of the Management Committee held during that period; the Management Committee may declare that position vacant.
14.5 If the organization represented by that delegate ceases to be a member of the Council
14.6 Vacancies shall be filled in accordance with Section 11.6 above.
15. SUB-COMMITTEES
The Management Committee shall establish sub-committees to administer such special portfolios as may be decided from time to time. Each sub-committee shall report as required by the Management Committee.
16. FINANCIAL YEAR
The financial year shall conclude on the 31st June.
17. ANNUAL GENERAL MEETING
17.1 The Annual General meeting of members shall be held within five months of the end of the Financial Year at which the Annual report and a financial statement shall be presented and the election of the new Management Committee shall be conducted.
17.2 A quorum shall consist of ten delegates or 50% of the membership - whichever is less.
18. PROCEEDINGS AT SPECIAL GENERAL MEETINGS
18.1 The Chairperson shall preside as Chairperson at every general meeting of the Council, but if s/he is not present within fifteen (15) minutes after the appointed time for the commencement of the meeting, or is unwilling to act, then the delegates present shall elect one of their number to be Chairperson of that meeting, a simple majority sufficing.
18.2 No item of business shall be transacted at a general meeting unless a quorum of members (see 17.2) is present during the time the meeting is considering that item.
18.3 This quorum shall be comprised of delegates present in person (being accredited representatives of member organizations entitled under these Rules to vote at a general meeting) and shall constitute a quorum for the transaction of the business of a general meeting.
18.4 The Chairperson may, with the consent of any meeting at which a quorum is present, adjourn that meeting, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. When a meeting is adjourned for thirty days or more, notice of an adjourned meeting shall be given in the case of an original meeting.
18.5 At any general meeting a resolution put to the vote of a meeting shall be decided by a show of hands unless a poll is demanded by the Chairperson or by at least three (3) delegates present. Unless a poll is so demanded, a declaration by the Chairperson shall each be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour or against the resolution. Any demand for a poll may be withdrawn.
18.6 If a poll is duly demanded it shall be taken in such a manner, either at once or as the Chairperson directs; and the result of the poll shall be the resolution of the meeting in which the poll was demanded. A poll demanded on election of an alternative Chairperson or on a question of adjournment shall be taken forthwith.
18.7 In the case of an equality of votes, whether on a show of hands or poll, the Chairperson of the meeting is entitled to a second or casting vote.
18.8 Each member having a delegate present and voting at a general meeting of the Council shall have one vote. Members shall be entitled to vote by proxy at general meetings.
19. NOTICE OF MEETINGS
Except where the nature of the business to be dealt with at a special general meeting requires a special resolution of the Council, the Secretary shall give at least seven (7) days notice in writing of all general meetings, Sangha Committee meetings and Management Committee meetings to the members of the Council, by specifying the day, the hour, the place, and the general nature of the business to be dealt with at the meeting.
20. FUNDS
20.1 The funds of the Council shall be derived from fees, donations, interest, building funds, State and Commonwealth Government grants and subject to any resolution passed by the Council in general meeting, such other sources as the Management Committee determines.
20.2 All moneys received by the Council shall be deposited intact at the earliest possible date to the credit of the Bank Account of the Council. Receipts for moneys received shall be issued promptly.
20.3 All payments in excess of $100 made by the Council shall be paid by cheque.
20.4 All Council cheques must be signed by any two of the Chairperson, Vice-Chair, Secretary or Treasurer.
20.5 A petty cash float of no more than $100 shall be maintained by the Treasurer to enable small purchases as needed.
21. AUTHORISATION OF ACCOUNTS
All accounts shall be presented to and passed for payment at Management Committee meetings and full details of all such approvals shall be entered into the minute book.
22. EXAMINATION OF ACCOUNTS
22.1 The Management Committee shall appoint a suitably qualified person to examine all accounts. They shall examine all accounts, vouchers, receipts, books, etc. and furnish a report thereon to the members at the annual general meeting. Such examinations shall be conducted at regular intervals of not more than twelve (12) months.
22.2 Such a person shall not be a member or closely related to a member of the Management Committee
23. TREASURER - It is the duty of the Treasurer of the Council to ensure that:
23.1 All money due the Council is collected and received and that all payments authorized by the Council are made.
23.2 Correct books are kept showing the financial affairs of the Council, including full details of all receipts and expenditure connected with the activities of the Council
24. COUNCIL STAFF
The Management Committee shall determine the need to employ staff. Any appointment shall be made according to state and federal equal employment opportunity, affirmative action and industrial relations legislation.
25. MINUTES
The Management Committee shall cause minutes to be made, inclusive of:
25.1 All appointments of office bearers and members of the Management Committee
25.2 The names of all member organizations and their representatives present at the Management Committee and Council meetings.
25.3 The names of the Sangha present at meetings of the Sangha Committee.
25.4 All proceedings at all meetings of the Council and of the Management Committee Such minutes shall be signed by the Chairperson of the meeting at which the proceedings were held or by the Chairperson of the next such meeting.
26. INTERNAL REGULATIONS
A set of internal regulations may be drawn up and implemented after they have been approved by the Management Committee and ratified by the annual or special general meeting
27. NON-PROFIT CLAUSE
The income and the property of the Council whence so ever derived shall be applied solely toward the promotion of the objectives of the Council and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus, or otherwise how so ever by way of profit to the members of the Council provided that nothing herein shall prevent the payment in good faith of remuneration to any officer or servant of the Council, or to any member of the Council, in return for services actually rendered to the Council or reasonable and proper rent for premises let by any member to the Council.
28. DISSOLUTION AND SURPLUS PROPERTY
28.1 The Council may be wound up or dissolved in the event that there are less than six members.
28.2 If upon the winding up or the dissolution of the Council there remains, after the satisfaction of its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among members of the Council, but shall, subject to any trust affecting the property or any part of it, vest an association in accordance with Section 53 of the Associations Incorporation Act 1984 (Victoria)
29. POWERS OF THE COUNCIL
29.1 The Council shall have the power to carry out and enact the aims and objectives as set out in Section 2 of this document.
29.2 The Council shall in no way interfere in the administration or internal affairs of its members or any other Hindu organization, group or temple.
30. AMENDMENT OF RULES
The Statement of Aims and Objectives and these Rules may be amended by a special resolution passed by no less than three quarters (3/4) of such members of the Council as being entitled to under these Rules to do so, vote by means of their nominated delegate at any annual general meeting, or special general meeting called for such a purpose, at which not less than twenty-one (21) days written notice of the proposed amendment shall have been given.
31. COMMON SEAL
31.1 The common seal of the Council shall be kept in the custody of the Secretary.
31.2 The common seal shall not be affixed to any instrument except by the authority of the Management Committee and the affixing of the common seal shall be attested by the signatures of any two members of the Management Committee.
32. CUSTODY OF BOOKS
Except as otherwise provided by these Rules, the Public Officer shall keep in his/her custody or under his/her control all records, books and other documents relating to the Council.
33. INSPECTION OF BOOKS
The records, books and other documents of the Council shall be open to inspection, free of charge, by a delegate of a member of the Council at any reasonable hour.
© 2010 Hindu Community Council of Victoria
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