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ISOMER CONSTITUTION: Table of Contents:
I - NAME------------------------------------------------------------------------------------------------------------------------- 5
2 - TYPE OF ORGANISATION------------------------------------------------------------------------------------------------- 5
3 - CONSTITUTI0N------------------------------------------------------------------------------------------------------------- 5
4 - DEFINITIONS--------------------------------------------------------------------------------------------------------------- 5
5 - OBJECTS-------------------------------------------------------------------------------------------------------------------- 5
6 - REGISTERED OFFICE----------------------------------------------------------------------------------------------------- 6
7 - MEMBERSHIP-------------------------------------------------------------------------------------------------------------- 6
Category of membership----------------------------------------------------------------------------------------------------6
(a) Financial Foundation Members:--------------------------------------------------------------------------------------- 6
(b) Full members-------------------------------------------------------------------------------------------------------------- 6
(c) Affiliate members--------------------------------------------------------------------------------------------------------- 6
(d)Honorary Members------------------------------------------------------------------------------------------------------- 6
8 - RESIGNATION FROM MEMBERSHIP AND TERMINATION OF ELIGIBILITY---------------------------------------- 7
9 - TERMINATION OF MEMBERSHIP--------------------------------------------------------------------------------------- 7
10- REGISTER OF MEMBERS------------------------------------------------------------------------------------------------ 8
11- MANAGEMENT------------------------------------------------------------------------------------------------------------ 8
12- ANNUAL GENERAL MEETING------------------------------------------------------------------------------------------- 8
13- SPECIAL GENERAL MEETING------------------------------------------------------------------------------------------ 9
14 – Committee--------------------------------------------------------------------------------------------------------------- 9
15 – Executive Members---------------------------------------------------------------------------------------------------- 10
16- Removal from office----------------------------------------------------------------------------------------------------- 11
17- Eligibility to hold office-------------------------------------------------------------------------------------------------- 11
18 – Vacation of office------------------------------------------------------------------------------------------------------- 11
19- Election-------------------------------------------------------------------------------------------------------------------- 12
20- QUORUM------------------------------------------------------------------------------------------------------------------- 13
21- OFFENCES BY A MEMBER----------------------------------------------------------------------------------------------- 13
22- FINANCIAL---------------------------------------------------------------------------------------------------------------- 13
23- BANK ACCOUNTS-------------------------------------------------------------------------------------------------------- 14
24- ACCESS TO BOOKS----------------------------------------------------------------------------------------------------- 14
25- SUBSCRIPTIONS-------------------------------------------------------------------------------------------------------- 14
26 - BY-LAWS---------------------------------------------------------------------------------------------------------------- 14
27- AMENDMENTS TO THE CONSTITUTION AND RULES-------------------------------------------------------------- 14
28- STANDING ORDERS---------------------------------------------------------------------------------------------------- 14
29- INDEMNITY-------------------------------------------------------------------------------------------------------------- 14
30- TRUSTEES--------------------------------------------------------------------------------------------------------------- 15
31- DISOLVING OF THE ORGANISATION-------------------------------------------------------------------------------- 15
32- OPERATI0N------------------------------------------------------------------------------------------------------------- 16
33- ALTERATION OF RULES AND OBJECTS----------------------------------------------------------------------------- 16
34- CUSTODY OF RECORDS---------------------------------------------------------------------------------------------- 16
APPENDIX'A'---------------------------------------------------------------------------------------------------------------- 16
STANDING ORDERS FOR MEETINGS OF THE ORGANISATION ( ISOMER)----------------------------------------- 16
ORDER OF BUSINESS---------------------------------------------------------------------------------------------------- 16
RULES QF DEBATE------------------------------------------------------------------------------------------------------- 16
I - NAME
The name of the Organisation shall be 'ISLAMIC SOCIETY OF MELBOURNE EASTERN REGION INCORPORATED (ISOMER).
2 - TYPE OF ORGANISATION
The Organisation shall be a non-profit religious society dedicated to the promotion of the Islamic religion, the Arabic Language ,culture and principles .
3 - CONSTITUTI0N
A) All members of the Muslim community resident in Australia shall be eligible for membership of the Organisation
B) No person shall be barred from membership of the Organisation on the basis of caste or race.
C) The Financial Foundation members constitute the governing body of the Organisation.
4 - DEFINITIONS
In these Rules:
*'Executive officer and Executive' shall mean the President, Vice President, Treasurer and Secretary duly elected in accordance with these rules
Member shall mean a member of the Organisation whose name is entered into the register and elected to pay all subscriptions fixed for his category of membership
Foundation Member shall mean a Foundation Member as defined in 7(a) below ‘Financial Member' a member shall be financial only if he has paid ALL subscriptions fixed for his category of membership.
Wherever the term “Foundation Member” is mentioned in the constitution it must be interpreted that the constitution is referring to a “Financial Foundation Member” only.
“‘Officer & shall mean any full member elected or appointed to and holding office in the Organisation, whether honorary or salaried, and shall include Executive officers, Committeemen and Trustees.
*'Committee? Shall mean the Committee of Management of the Organisation as defined in the rules.
*Basic tenets of Islamic Faith! Shall include belief in ALLAH and teachings of the Prophet Muhammad (PBUH) and acceptance of Islam as the only source of faith. .
*Rules' shall mean the Rules of the Organisation, which are in force from time to time.
*'Organisation' and the Organisation' shall mean The Islamic Society of Melbourne Eastern Region Incorporated.
*'Register 'shall mean the Register of members kept by the Secretary in accordance with the rules.
*'Special Resolution' means a resolution of the Organisation passed in accordance with the section 29 of the Act.
*Words importing the singular only shall include the plural.
*Words importing the masculine gender shall include the feminine gender.
5 - OBJECTS
The purposes for which the Organisation are established are:
To promote the practice and principles of the Islamic religion.
To conserve and foster Islamic culture and beliefs.
(c) To assist in all matters concerning the cultural and spiritual well being of the members and persons entitled to become members
(d) To promote cooperation between the Organisation and all Organisations promoting similar objects.
(e) To establish funds for the general conduct of the Organisation.
(f) To establish branches of the Society in various part of Victoria
(g) To establish, publish and distribute literature for the benefit of its members and contribute to and subscribe to journals of other Organisations and bodies.
(h) To purchase, sell, mortgage, lease or otherwise deal in real and personal property of all kinds for the benefit of the Organisation as a whole.
(i) To appoint and employ Officers, Solicitors, Accountants, Auditors and other Persons considered necessary for the efficient working of the Organisation and to pay such salaries, fees and allowances to persons so appointed and to members of the Organisation engaged in furthering the objects and work of the Organisation.
(j) To amalgamate, or absorb, any Organisation whose objects and / or constitution are similar to the objects and constitution of this Organisation.
(k) To establish trusts for the purpose of holding and safeguarding the capital assets of the Organisation, and in particular to manage the finds collected (if any) for the establishment of a religious and community centre and property (if any) thereafter.
(l) To do all such things as the Organisation may from time to time deem incidental or conducive to the attainment of the above objects or any of them.
(m) To provide care and accommodation to aged and disabled people.
(n) To provide or facilitate Education in Religion and the Arabic Language.
6 - REGISTERED OFFICE
The permanent registered office of the Organisation is located at 1273,Wellington Road, Lysterfield, 3156, State of Victoria, Australia.
7 - MEMBERSHIP
Category of membership
There shall be four types of membership:
(a) Foundation members:
i. Any member of the Organisation whose name is entered into the registry by the 7/9/1986, and who accepts in writing to be a foundation member within twelve months of the above mentioned date, and pays the foundation member fee.
ii) Ordinary fully paid up members registered after 7th September 1986 may be eligible to become Foundation Members upon completing two years of their membership of the Organisation and upon their applying for such change of status to the Secretary of the Organisation at least four weeks prior to the AGM and upon their acceptance by secret ballot by at least sixty five per centum of the Foundation Members attending the Annual General Meeting. Foundation members can be single Foundation members or family Foundation Members, consisting of a husband wife and their children under 18 years who are counted as one Foundation Membership with two votes. The maximum number of Foundation members will be three hundred.
b) Full members
i. Ordinary members:
Any Muslim above the age of 18 years shall be an ordinary member upon payment of an annual subscription of such amounts the Society may from time to time prescribe
ii. Family members:
Any head of a Muslim family, his spouse and children under the age of I8 years shall be a member as a family group upon the payment of an annual subscription for a family group as is prescribed from time to time by the Society.
(c) Affiliate members
Any person interested in Islam, Islamic culture, or Islamic teachings may be accepted as an affiliate member upon payment of an annual subscription of such amount as the Society may from time to time prescribe.
(d)Honorary Members
In recognition of outstanding contribution to the establishments and /or development of Isomer the person may be bestowed with an honorary membership at the AGM. Membership of this class is a LIFETIME membership and is free.
8 - RESIGNATION FROM MEMBERSHIP AND TERMINATION OF ELIGIBILITY
(a) A member shall be no longer eligible for membership of the Organisation when he is prevented by any condition of eligibility for membership of the Organisation from continuing to be a member.
(b) A member/s may resign from membership of the Organisation they shall thereupon forthwith return any property of the Organisation in their possession and pay any monies owing to the Organisation- Such monies owing shall be recoverable as a debt due.
(c) If a member fails to pay the annual membership fee for two or more consecutive years, he will cease to be a member. The Secretary shall notify such person, in the manner described in the preceding clause (b), thirty days prior to expiry of the two years period.
9 - TERMINATION OF MEMBERSHIP
(a) A member shall cease to be a member when he is no longer eligible for membership.
(b) The Secretary shall promptly notify such person (where practicable) of the termination of his membership stating the date thereof and the reason therefore and the amount and the nature of any debts owed by him to the Organisation- The notification shall be made by email and registered letter and addressed to the last known address of the member as shown in the register
(c) If a member fails to pay the annual membership fee for two or more consecutive years, he will cease to be a member. The Secretary shall notify such person, in the manner described in the preceding clause (b), thirty days prior to expiry of the two years period.
10- REGISTER OF MEMBERS.
The Secretary shall keep at the registered office of the Organisation a register of members showing the full names and addresses of all officers and members of the Organisation
The register shall be kept up to date and not to be accessible to any person (s) 0rgainisation etc. accept the current committee.
11- MANAGEMENT
The Management of the Organisation shall be vested in an Annual General Meeting of the Foundation Members and a Committee of Management.
The Annual General Meeting of the Foundation Members and the Committee shall carry out such functions as shall be prescribed by these rules.
12- ANNUAL GENERAL MEETING
The Annual General Meeting while in session shall govern manage and conduct the affairs of the Organisation and shall have power subject to these rules to:
i. Make, repeal, amend and / or add to this role by a resolution passed on by a majority of not less than three fourths of such Foundation Members of the Organisation as being entitled to vote and be present.
ii. To receive and adopt a statement of income and expenditure and an audited balance sheet as of the 30th of June each year.
iii. Determine any matter referred to it by the Committee.
iv. Review the acts and decision of the Committee.
v. Do all other acts and things which are not by these rules specifically directed to be done by any other person or body, and which in the opinion of the Annual General Meeting are in the interests of the Organisation or in the interests of members or persons eligible to be members. ( b) Notice of the Annual General Meeting shall be given by the Secretary by posting to or leaving for each Foundation Member at his email / postal address for service of notices as shown in the register, a written notice of the time, date and place of the meeting, at twenty one days prior to the holding thereof. The publication of the necessary information in a journal of the Organisation distributed to each Foundation Member so as to be received in the normal course of post within the specified time shall be deemed and held to be adequate notice for the purpose of this sub rule.
(c) The Secretary " include in the notice of the Annual General Meeting such notices of the intention to amend, repeal or add to the Organisation rules as shall be received by him in sufficient time to permit inclusion in the said notice. The paragraph and clause of the Constitution and Rules proposed to be amended and how it is proposed to be amended must be included in the Secretary's notice of the intention to amend or repeal or add to the Organisation's rules.
(d) All acts and decision of the Annual General Meeting, unless contrary to these rules shall be binding on all members.
iv. When so resolved by an Annual General Meeting or Special General Meeting of the Organisation
(e) Only paid up foundation members to the current membership financial year are allowed to vote in the annual General Meeting and Special General Meeting.
(f) Proxies
Each member is entitled to appoint another member as a proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.
(g) The notice appointing the proxy must be
(1) for a meeting of the association convened under rule 7 (7), in the form set out in appendix 2; 0r
(2) in any case , in the form set out in appendix 3.
13- SPECIAL GENERAL MEETING.
(a) The Secretary shall convene a Special General Meeting of the Foundation Members:
i. When the Committee so resolves.
ii. When the President so directs.
iii. When a meeting is requisitioned in writing by not less than twenty five Foundation Members or by not less than ten per centum of the Foundation. Members (whichever number is the lesser), and in each case such requisition shall be addressed to the President or Secretary and shall set out the reasons for requiring such meeting.
iv. When so resolved by an Annual General Meeting or Special General Meeting of the Organisation.
(b) The time and place of Special General Meetings shall be decided by the Committee, or in cases of urgency, by the Executive, provided that when a meeting has been requisitioned for in accordance with the previous sub-rule, it shall be convened by the Secretary within twenty-eight days of the requisition reaching the President or Secretary
(c) Notice of the Special General Meeting shall be given by the Secretary by posting to or leaving for each Foundation Member at his postal address for service of notices as shown in the register, a written notice gating shortly the nature of the business to be transacted and the time, date and place of meeting, at twenty one days prior to the holding thereof. The publication of the necessary information in the journal of the Organisation distributed to each member so as to be received in the normal course of post within the specified time shall be deemed and held to be adequate notice for the purpose of this sub rule.
(d) No business shall be transacted at a Special General Meeting unless notice therefore has been given in accordance with these rules.
(e) A Special General Meeting shall have powers equal to those of an Annual General Meeting in transacting all business , the nature of which has been outlined in the notice of the meeting.
14.COMMITTEE
(a) i A committee of management consisting of no less than six and no more than nine Committee men elected by the Foundation Members as hereinafter provided , shall take office on the first of October and shall hold office for two years and thereafter until the new Committee is appointed.
(ii) A general meeting will be called in accordance with 12 above and held on or before the second Sunday of September once every two years -specifically to elect the new Committee and to transact other business as detailed in the notice of the General Meeting.
(iii) No person will be eligible to be elected to the committee unless he has been a Foundation Member of the Organisation for at least one year proceeding the election date.
(vi) The president is not eligible for three consecutive terms.
(b) The Committee shall, subject to these rules, have the following powers and duties:-
i. Except when the Annual General Meeting or a Special General Meeting is in session, to manage the affairs and conduct the business of the Organisation, to administer the rules and to do all acts or things as the Annual General Meeting.
ii. To carry out such specific duties as are delegated to it by the Annual General Meeting or by a Special General Meeting.
iii. To submit to the General Meeting such reports, returns and other information as the rules may require.
iv. To authorise such expenditure of moneys from the Organisation,
v. To employ such persons as deemed necessary in the service of the Organisation and terminate the services for such persons
(c) The Committee shall meet as often as is necessary to transact the business of the Organisation, once a month with a minimum of ten meetings per year, and at such other times as the President of the Organisation in General Meeting shall direct, or when two or more Committeemen notify the Secretary or the President that they desire a meeting to be held. The Secretary shall post to each member of the Committee to his postal address for service or notices as shown in the register at least seven days before the time of meeting, a notice of such meeting of the Committee, provided that if in the opinion of the President a meeting of the Committee should be summoned in emergency, notice may be served by email or such other means and with such notice as the President shall direct.
(d) No member of the Management Committee shall be appointed to any salaried office of the Organisation or to any office of the Organisation paid by fees and no remuneration or other benefit in money or money's worth shall be given by the Organisation to any member of the Management Committee except repayment of out-of-pocket-expenses.
(e) The Committee of Management is empowered to establish other Sub-Committees to help in carrying out certain activities or functions; and no Sub-Committee will be established without the sanctioning.
(f) The decision to establish a Sub-Committee will be minted and will detail the purpose of the Sub-Committee and its scope of operation.
(g) No Sub-Committee will operate outside the parameters sanctioned by the Committee of Management, and no Sub-Committee will have any powers exceeding those conferred upon that Sub-Committee by the Committee of Management.
(h) The Committee of Management may allocate sufficient funds to any Sub-Committee to be used by that Sub-Committee in carrying out its activities or functions.
(i) All Sub-Committees will be accountable to the Treasurer for all their receipts and disbursements, and the Treasurer will always have the authority to inspect their financial transactions and supply additional funds, or withdraw excess funds available to them in accordance with determinations by the Management Committee.
(j) All resolutions and plans for action decided on by the Committee will be published in the Journal of the Organisation as soon as practicable after each Committee meeting or at the discretion of the Committee of Management if the publication of the resolution will result in harm to the Organisation.
15 – EXECUTIVE MEMBERS
(a) Members elected by the Committee to the position of President, Vice president, Secretary and Treasurer shall constitute the Executive for the terms of the Committee.
(b) i. In case of a vacancy in the Executive, the Committee may appoint any eligible Committeeman to carry out the duties of any Executive for the remainder of its term.
ii. In case of a vacancy in the Membership of the Committee, the Committee is empowered to appoint any eligible Member of the Society to the Membership of the Committee until the end of the Committee's term.
(c) The powers and duties of Executive Officers conferred by these rules shall be as follows:
i. The President shall be the Chief Officer of the Organisation and ex officio a member of all Committees and Sub-Committees of the Organisation, and shall preside at all meetings of the Committee and all General Meetings at which he is present. The President shall be entitled ex officio to attend any formal or informal assembly of all or any members, and shall have the same responsibilities and privileges as any other member present, provided that he shall not have power to cast his vote at any meeting or assembly at which he exercises this entitlement to attendance.
ii. The Vice-President shall assist the President in the execution of his duties, and shall deputies for him in his absence or incapacitation.
iii. The Secretary, subject to the general direction and supervision of the Committee and the President, shall supervise and control the routine and office work of the Organisation and shall attend to all correspondence of the Organisation, and shall keep the records thereof and shall keep proper and accurate minutes of all meetings of the Committee and General Meetings of the Organisation.
iv. The Treasurer, subject to the general direction and supervision of the Committee, shall handle all moneys of the Organisation, and shall keep proper banking accounts and books of account recording all financial transactions thereof. He shall supply from time to time all information required by the Auditors and by the Committee, and within three weeks after the close of the financial year of the Organisation, prepare a full statement of income and expenditure for that financial year and balance sheet of the Organisation. The Treasurer shall not make any payments on behalf of the Organisation unless such payments are authorised by the Committee or by the Organisation in General Meeting.
16- REMOVAL FROM OFFICE
Where the Committee at a Special General Meeting called for the purpose finds an Executive Officer or a Committeeman guilty in accordance with these rules of misappropriation of funds of the Organization, or substantial breach of the rules of the Organization, and finds that such a person is not eligible to hold his office, it may by resolution remove such person from his office providing that such removal shall not operate until the resolution is confirmed by a resolution of Special General Meeting of the Organization called for that purpose in accordance with section 18 (e)
No such resolution shall be moved at a meeting of the Committee unless the person concerned has been given adequate notice of at least four weeks of intention to move the resolution and an opportunity to show cause to the Committee why the resolution should not be passed.
17- ELIGIBILITY TO HOLD OFFICE
. No member under the age of twenty – one (21) years shall be eligible for nomination or election to any office of the Organization.
. Any person who does not believe in basic Islamic Faith as has been practiced by the Prophet S.A.W. and his companions shall be ineligible to hold or to continue to hold or to be nominated for or elected to any office of the organisation.
18 – VACATION OF OFFICE
The office of A Member of the Management Committee shall become Vacant:
Upon his decease
If he is physically or mentally unable to perform his duties as a Committee member.
If he resigns his Office by notice in writing to the Organization.
If he is absent for three (3) consecutive months from the meeting of the Committee without notification to the Committee.
Upon resolution being passed by two third majorities of members present at a properly constituted General Meeting specially called for the purpose, to remove him from office.
If he holds any office of profit under the Organization.
19- ELECTIONS
(a) In electing the committee of Management:
1. The secretary will dispatch notices to the foundation Members of the Society to be called for the purpose of electing a new Committee in accordance with section 12 ( c) above.
2. The secretary will organise the holding of the elections in the manner prescribed hereunder.
(b) Nominations for Membership of the committee must be proposed and seconded in writing by two Foundation members of the Society. The nominee must also accept the nomination in writing.
(c) Nominations and secondments for membership of the committee must reach the Secretary at least seven days before the day of the annual General Meeting. Except in the case of insufficient nominations for the committee of management on the day of the election, in which case it is allowed to nominate persons to the committee in the General Meeting.
(d) The General Meeting held to elect the new committee would be conducted in the following manner:
1. The President will declare the meeting open.
2. The meeting will proceed to conduct any business other than the election of the new Committee.
3. The president will then declare that the current Committee's term of office is to end on September the 30th and the new Committee will take office on October the 1st.
4. The Secretary in his capacity as election officer will chair the meeting for the purpose of electing the New Committee.
5. The election officer will read the names of members nominated for the Committee Membership.
6. The nine nominees receiving the larger number of votes will be declared to be the new Committee.
7. Only Foundation Members are allowed to vote in the election. Voting will be by secret ballot on the official form available at the meeting and will be exercised by writing the names of nine of the declared nominees on the official form.
(e) The new Committee will meet before 1st September to elect the new President, Vice-President, Secretary, Treasurer and any other officers.
(f) The Executive and Committee Members so elected shall take office on the first day of October of the same year, and shall hold office for the ensuing two years, and shall, if other wise qualified under these rules, be eligible for re-election.
(g) The Secretary shall notify all retiring Committeemen and newly elected Committeemen and all candidates for office as Committeemen, of the results of the election of Committeemen.
(h) The new Secretary shall notify all members of the Society of the names, addresses and telephone numbers of the new Committee members and officers.
20- QUORUM
(a) At all Annual General Meetings or Special General Meetings of the Organisation twenty five Foundation Members or 50 percent of the Foundation Members, whichever is the lesser, present in person shall form a quorum. At all meetings of the Committee five Members thereof present in person shall form a quorum.
(b) If an Annual General Meeting or Special General Meeting or a Committee meeting were adjourned to another date by reason of insufficient quorum, the members meeting on that other date will form a proper quorum, provided that the business to be considered in the latter meeting is the same as was proposed in the adjourned meeting.
21- OFFENCES BY A MEMBER
(a) The Committee may call upon any Member who the Committee has reason to believe is acting or has within twelve months preceding acted in a manner prejudicial to the interests of the Organisation or has committed any offence against these rules to show cause why he should not be reprimanded or expelled from the Organisation.
(b) The Secretary shall give to the member concerned at least twenty-one days notice in writing of the time, date and place fixed for hearing evidence relating to the offence which he is alleged to have committed and all particulars of the alleged offence and such notice in writing shall be given by registered letter to the member's address as shown in the register.
(c) The evidence relating to the alleged offence shall be heard by the Committee or by a Subcommittee consisting of not less than three members of the Committee appointed for the purpose and the member concerned shall be heard in his defence either personally or through counsel or he may make in writing such submissions as he may desire to make.
(d) If the evidence relating to the offence is heard by a Subcommittee, that Sub-Committee shall report its finding to the Committee together with a recommendation to the Committee as to penalty if any
(e) The Secretary shall promptly inform the member by letter certified (or registered mail) of the decision of the Committee. In the event of expulsion the expulsion shall become effective sixty days after the date of posting such letter unless an appeal against the expulsion is lodged with the Secretary.
(f) A member who is found guilty of an offence shall have a right of appeal to a Special General Meeting, if and only if the penalty imposed by the Committee is expulsion from the Organisation, provided that he submits such appeal within sixty days of the date of posting the letter informing him of the decision of the Committee.
The expulsion, in such case, shall not become effective before the appeal is determined.
22- FINANCIAL
(a) The Organisation shall raise funds by subscription, voluntary donations, and any other means approved by the Committee. These funds together with any other monies received shall be applied for any or all of the objects or purposes of the Organisation.
(b) All subscriptions and donations shall be paid to and collected by the Treasurer.
(c) The financial year of the Organisation shall be from the first day of July to the thirtieth day of June in the following year, both dates inclusive
(d) The membership year shall be a calendar year i.e. 1st Of January to the 31st of December of each Year.
(e) For administration purpose no subscriptions will be accepted between the 15th of August and the time of the holding of the annual General Meeting all inclusive.
23- BANK ACCOUNTS
A current account or current accounts in the name of the Organisation shall be kept with a Bank or Banks approved by the Committee, and all funds of the Organisation shall be banked with such Bank or Banks. Not more than four officers shall be authorised by the Committee to sign cheques on the bank account or accounts of the Organisation, and at least two of such officers, including one Executive officer, shall sign each cheque
24- ACCESS TO BOOKS
Any Foundation Member, having requested in writing, will be permitted to inspect the financial books of the Organisation at the registered office of the Organisation at such time or times, as the Committee shall direct.
25- SUBSCRIPTIONS:
The committee shall determine the amounts of the annual subscriptions for the following fiscal year and will advise all members of these amounts during the month of January of each Year. The subscriptions shall not be increased by more than 50% p.a.
26 - BY-LAWS
The General Meeting may make bylaws not inconsistent with these rules for the better management of the Organisation and may repeat, amend or add to any by -Law of the Organisation.
27- AMENDMENTS TO THE CONSTITUTION AND RULES
(a) The Constitution and rules can only be amended in a Special General Meeting and/or an Annual General Meeting called for the purpose of considering such amendments in accordance with the procedure laid down in sections 12 and 13.
(b) The Constitution and rules of the Organisation can only be amended in accordance with the provision of the Act.
28- STANDING ORDERS
The standing orders of debate which are presented in Appendix "A" to these rules shall be used at all Meetings of the Organisation and the Committee unless modifications are approved prior or during the meeting.
29- INDEMNITY
No liability shall attach to any Officer, agent or employee of the Organisation for any act, neglect, omission or default of any Committee or Meeting in respect of carrying out of his duties in relation to the Organisation or for joining in any receipt or for any other act of conformity or for any loss, damage or misfortune caused by any act. neglect, omission or default of any other person or caused by any insufficiency, deficiency or irregularity in any agreement contract, instrument, security deed, lease or document or for any loss or damage arising from the bankruptcy, insolvency or tortuous act of any other person or for any error of judgement, omission, default or oversight on his own part or for any damage, loss or misfortune arising there from unless such error of judgement, omission, default, oversight, damage, loss or misfortune be caused by his own wilful default or neglect, any such officer, servant or agent if found to be liable shall be indemnified by the Organisation
30- TRUSTEES :
(a) There shall be a standing committee for the purposes of managing the Assets of the Organisation.
(b) A person is eligible for election as a member of the Trust Committee if:
( i ). that person was a foundation Member on the 7th September 1986; and
(i i) has been nominated and seconded by two Foundation Members.
(a) Five Financial Foundation members shall be elected by a General Meeting for an indefinite period as trustees.
(b). A Trustee can also be a Committee of Management Member.
The Trustees shall, subject to these rules, have the following powers and duties.
The trustees shall be responsible for securing the assets of the Society and will be required to intervene in the event of an emergency to block the sale of Assets etc.
The trustees shall be available to meet with the Management Committee on a consultancy basis should it be deemed necessary.
The Trustees shall meet at least twice a year to review the accounts, set budgets and make recommendations to the management committee.
Subject to these rules, the trustees shall have the power to appoint an external Auditor to examine the Society's financial records should they be discontented with the integrity of the records.
The Trustees shall be available to act as arbitrators in the event of any dispute/between the members of the Organisation, or the organisation's Committee of Management and the Members.
The Imam appointed will fall directly under the control of the Board of trustees.
The five trustees will constitute the Board of Directors of IRH.
The Trustees are required to approve any Purchases / Mortgage /Sale of any property of value greater than $20000.
31- DISSOLVING OF THE ORGANISATION:
(a) The Organisation shall be dissolved by a special resolution passed by a three fourth majority in a Special General Meeting called for the purpose of dissolving the Organisation and is agreed upon by 75 percent or more of the Foundation Members.
(b) If upon winding up, dissolution or cancellation of the organisation there remains, after satisfaction of all debts and liabilities any assets or property whatsoever , the same shall not be paid or distributed to any member of the Organisation but shall be given or transferred to some Organisation having objects similar to the objects of the Organisation or where such Organisation is not available to the Islamic Council of Victoria, after obtaining the required permission from the Minister in accordance with Section 33 and 51 of the Associations Incorporation Act 1981 and which shall prohibit the distribution of its income and property.
Where property has been subject to capital funding from the Commonwealth of Australia, such property will not be transferred or disposed of without the approval of the relevant Commonwealth Authority.
32- OPERATI0N
These rules shall come into operation immediately following their adoption by a meeting of the Organisation held for that purpose.
33- ALTERATION OF RULES AND OBJECTS
These rules and statement of objects or Organisation shall not be altered except in accordance with the Act.
34- CUSTODY OF RECORDS
Except as otherwise provided in this rule the Secretary shall keep in his custody or under his control all books, documents and securities of the Association.
APPENDIX'A'
STANDING ORDERS FOR MEETINGS OF THE ORGANISATION ( ISOMER)
ORDER OF BUSINESS
The order of business shall be:
Apologies and admission of proxies.
Confirmation of Minutes of previous meeting
Business arising out of Minutes (to be limited to matters directly arising there out and not to include matters which will be dealt with in reports, notices on motions, and general business).
Membership (Committee only)
Secretary's reports and elections,
Annual reports:
i. Secretary
ii Treasurer
iii. Branches.
Finance, including report of finance Subcommittee
Reports of other Special Committees.
Notices on Motion.
Personnel of Special Committees.
General Business.
RULES OF DEBATE
I - All business shall proceed by way of Motions.
2- Motions shall be dealt with in the order they appear in the circular convening the meeting.
3- When a substantive Motion is under debate at any meeting no further motion shall be received except the following:
(a) That the Motion be amended,
(b) That the Meeting do adjourn,
That the question be not put,
That the meeting do proceed with the next business,
That the consideration of the question be postponed,
That the question be not now put,
That the question lie on the table,
That the speaker be no longer heard,
That the Chairman's ruling be dissented from,
That the question be referred for consideration and report,
Whenever it has been decided by a meeting that the question lie on the table, any member at that meeting or at a subsequent meeting may, at the conclusion of the vote on any motion, move that the question be taken off the table.
4- Any amendment shall be debatable as an original Motion except as provided under Rule 28 hereof
5- Every amendment shall be relevant to the Motion to which it is moved
6- An amendment may not be a direct negation of the Motion, which it is to amend.
7- Every amendment shall be read before being moved, as if such proposed amendment were an original Motion.
8- Upon the adoption of any amendment to a Motion such Motion as amended shall become a substantive Motion and for all purposes of subsequent discussion shall be treated as an original Motion
9 -Any member who has not previously spoken to or against the question may at the conclusion of the speech of any other member move that the debate be adjourned If such Motion does not specify a date or time for the raising of the adjourned discussion, then, if the Motion is carried, the adjourned debate shall be raised at the next meeting.
10- No discussion shall be allowed upon a Motion for the adjournment of a debate except that a member may, with permission of the Chair, point out that undue delay in finalising the matter under discussion my be caused by the proposed adjournment.
11- On resuming an adjourned debate the member who moved its adjournment shall be entitled to speak first.
12- Any member who has not previously spoken to or against the question may at the conclusion of the speech of any other member move the adjournment of the meeting.
13- Any member who has not previously spoken to or against the question may at the conclusion of the speech of my other member move that the meeting proceed to the next business.
14- Any member who has not previously spoken to or against the question may at the conclusion of the speech of any other member move that the question lie on the table.
15-Any member who has not previously spoken to or against the question may at any time move that the question under consideration be now put, and upon such Motion being seconded same shall be passed without further debate, except as provided under Rule 18 hereof
16- A Motion that the consideration of the question be now put shall not be decided in the affirmative or take effect without the consent of a majority of the members present.
17- whenever it is decided by the meeting that the question under consideration shall be put, the mover of the question under consideration shall, if debate has ensued, be permitted to speak in reply and then the question shall be put
I8- Any member who has not previously spoken to or against the question may at the conclusion of the speech of any other member on the substantive Motion move that the question be not now put.
19- any member who has not previously spoken to or against the question may at any time move that the speaker be not heard.
20- Any member may upon the Chairman having given his ruling on a point of order move that the ruling be disagreed with, and should such Motion be passed, a Motion shall be received declaring the interpretation of the meeting.
21- Any member who has not previously spoken to or against the question may at the conclusion of the speech of any other member move that the matter be referred into Committee.
22- Any member may at the conclusion of the note on any Motion move the suspension of any standing order or orders.
23- The member moving the suspension of any standing order shall state his reasons for so doing and if such Motion were seconded it shall be put without further debate.
24- Such a Motion shall not be decided in the affirmative without the consent of two thirds of the members present.
25- Any member moving a Motion or amendment, or taking part in the discussion thereon shall rise and address the Chairman and shall not be interrupted unless a point of order or a Motion under Rule 15 and Rule 19 hereof when he shall resume his seat until the member raising the point of order has been heard thereon and the question of order or Motion has been disposed of when the member previously in possession of the floor may proceed, unless by so doing he infringes a standing order or a preceding resolution under Rule 15 or 19 hereof.
26- A member desirous of proposing a Motion or amendment shall state the nature of the same before he addresses the meeting thereon; and if the Chairman so required, shall put the same in writing
27- No Motion or amendment shall be discussed or put to the vote of the meeting unless it is seconded.
28- Not more than two members shall speak in succession either for or against any question, and if at the conclusion of second speaker's remarks no member rises to speak on the other side, this Motion or amendment shall be at once put, provided that the mover of an original Motion (but not of an amendment or an amended Motion) shall have the right of reply
29- If two or more members rise to speak at the same time, the Chairman shall decide who is entitled to priority, provided that priority is given to:
(a) A question which shall be asked and answered concisely and shall be relevant to the matter under discussion.
(b) A formal Motion.
(c) A speaker wishing to oppose the views of the speaker just concluded.
(d) Also, a member may require the enforcement of any standing order of the Organisation at any time by directing the Chairman's attention to the infraction thereof
30- All speakers shall be required to confine their remarks to the Motion as stated.
31- The Chairman shall preserve order, and may on his own Motion call any members to order whenever in his opinion there shall be cause for so doing. Also the Chairman, when called upon to decide a point of order or practice, shall give his decision and no argument or comment shall be permitted thereon and his decision shall be final in the particular case, subject to a formal Motion proposing disagreement with the Chairman's ruling
32- No discussion on a point of order shall take place, subject to a formal Motion proposing disagreement with the Chairman's ruling.
33- If the Chairman wishes to take part in a debate he shall vacate the Chair for the duration of that debate.
34- Any member who shall do anything or behave in any manner which is forbidden by any section of these standing orders shall be deemed to be out of order.
35- Whenever the Chairman rises during a debate, any member other than speaking or offering to speak shall resume his seat, and the meeting shall be silent, so that the Chairman may be heard without interruption.
36- No member shall speak twice on any Motion, except by way of explanation, provided that the mover of the Motion have the right to reply, and no member shall speak to any Motion after the mover have been permitted to reply
37- A member moving or seconding a Motion or amendment shall be held to have spoken thereon, provided that the seconded of any original Motion may reserve his right to speak to such a Motion until a later stage in the debate.
38- No member may speak to any question after the same has been put from the Chair.
39- It shall not be competent for any new matter to be introduced by the mover when speaking in reply, but he shall strictly confine himself to answering previous speakers.
40- No member shall address the meeting when no Motion is before the Chair except to introduce a Motion, provided that he may so speak when invited to by the Chairman for some special purpose.
41- The Chairman may at his discretion, or the meeting may without debate, order a complicated Motion to be divided and put in the form of several resolutions
42- Every Foundation Member including the Chairman shall have one vote and all questions save where otherwise provided shall be decided by a majority of votes cast, provided that the meeting shall have power to remit any question of more than ordinary importance for determination by all members concerned
43- In all cases, where there shall be an equality of votes the Chairman shall have a casting vote and he shall determine the result.
44- The Chairman, shall in taking the vote on any Motion or amendment, put a Motion first in the affirmative and then in the negative, and he may so do as often as necessary, to enable him to form and declare his opinion from the voices, or on request of a member or Chairman, on show of hands. When a show of hands has been called for, two tellers may (and if a member so requires, shall) be named by the
(b) The time and place of Special General Meetings shall be decided by the Committee, or in cases of urgency, by the Executive, provided that when a meeting has been requisitioned for in accordance with the previous sub-rule, it shall be convened by the Secretary within twenty-eight days of the requisition reaching the President or Secretary
(c) Notice of the Special General Meeting shall be given by the Secretary by posting to or leaving for each Foundation Member at their his postal address for service of notices as shown in the register, a written notice gating shortly the nature of the business to be transacted and the time, date and place of meeting, at least fourteen days prior to the holding thereof. The publication of the necessary information in the journal of the Organisation distributed to each member so as to be received in the normal course of post within the specified time shall be deemed and held to be adequate notice for the purpose of this sub rule.
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