Constitution

 

THE POTHOHAR ASSOCIATION (U.K.) 
A Charitable Society since 28 April 1980
Registration Number 280065

CONSTITUTION

 

  1. NameThe name of the Association shall be “The Pothohar Association U.K.”Registered address shall be the correspondence address of the Elected General Secretary of the Association until it acquires its own premises
  2. Aims and Objectives 
    1. To advance and promote Universal Brotherhood of mankind as being the fundamental part of the Sikh Religion.
    2. To seek to help the aged as considered appropriate by the Executive Committee and to promote their causes in the Association and the community.In furtherance of these objects the members of the Executive Committee may work with the younger members of the community, to gain their interest and support in helping to promote harmony and understanding between persons.
  3. Powers re- Property Holding Trust (part of clause 19).Subject to the provisions of this Constitution, the Executive Committee have power to do anything which is calculated to further the Aims and Objectives or is conducive or incidental to doing so including the power to:
      1. borrow money and to charge the whole or any part of its property as security for the repayment of the money borrowed. They must comply as appropriate with sections 124 and 125 of the Charities Act 2011 if they wish to mortgage land;
      2. buy take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use; and
      3. sell, lease or otherwise dispose of all or any part of the property belonging to the Association. In exercising this power, the Executive Committee must comply as appropriate with sections 117 and 119-123 of the Charities Act 2011.
  4. Membership
      1. Life MembershipA Pothohari, Viz a person belonging to DHAN POTHOHAR can become a Life member of the Association provided he/she is 18 years or above, subject to conditions in this constitution. If either of the wife or husband belongs to Pothohar, both shall be considered as Pothoharies for the purpose of membership of this Association. Membership is subject to approval by the Executive Committee.
      2. Associate Members“Subject to the approval of the Executive Committee, Associate Membership shall be open to any member of the public not belonging to Pothohar, who shall undertake in advancing the objectives declared in clause 2”.
  5. SubscriptionsSubscription fee for both categories shall be £25 per member and £50 for the couple payable at the time of application for membership.
  6. DisqualificationAny member, Life or Associate of the Association can be disqualified/dismissed if he/she is found guilty of moral turpitude or misconduct, with his/hers continued membership is considered detrimental to the interests of the Association. This discretion shall/can also be exercised to bar the entry of a Pothohari to the Association at the time of acceptance of his membership, if deemed necessary. Similarly, any member, Office Barer or member of the Executive Committee or PHT (Property Holding Trustee) can also be disqualified/dismissed who is found guilty of misappropriation of Association funds, without prejudice to any of prosecution for such an offence. These steps shall, however, be taken after due consideration of the matter by an Enquiry Committee comprising of 3/5 members representing both the parties concerned in the dispute and a Chairman appointed by the Executive Committee.
  7. General Body
      1. It shall consist of Life and Associate members only.
      2. The right to vote or hold office of the Association or Executive Committee shall, however, be restricted to Life members only.
  8. Office Bearers and Members of the Executive Committee
    1. The Association shall have the following Office Bearers:-
      1. President
      2. Immediate Past President (IPP)
      3. Vice President
      4. General Secretary
      5. Treasurer
      6. Public Relations Officer (PRO)
      7. Joint Secretary
    2. In addition the Committee shall have Eight or Nine other members And fifteen members shall constitute the Executive Committee of the Association, see clause 12 (c) for details.
    3. The Executive Committee shall have the powers to appoint a sub – committee/s, which shall automatically dissolve on the completion of the task, entrusted to them.
  9. ElectionsThe Office Bearers and Members of the Executive Committee shall be elected in the month of October by the General Body every two years.
    Procedure of Election

    1. General Body will meet in September in the year of election to complete formalities, viz;
      1. President’s & General Secretary’s Reports/consideration
      2. Treasurer’s Report/Audited accounts & its approval
      3. Building Report-practice to be discontinued after formation of the Trust
      4. Announcement for election in October-date to be intimated in due Course – by the General Secretary
      5. Any other Business with president’s permission
    2. General Secretary will address election e-mail/letter under the directive of the Executive Committee inviting, under Recorded Delivery, nominations with a fee of £50 each nomination, refundable in the event of with-drawl, also to be sent under Recorded Delivery, within the prescribed time limit, on a prescribed form for the office bearers/members of the Executive. Nominations/withdraws must comply with the terms of the Constitution and also the requirements to be notified in the letter from the General Secretary who will, in writing, respond to the acceptance or otherwise of such nominations strictly as would be required in the invitation letter which would also attract a provision of the postal ballot in terms of constitution as well as the receipt of such ballot papers, to be received, by the notified date, under Recorded Delivery. Such members who has/have become bankrupt and/or are with a criminal record will not be eligible to stand in the election.
    3. Electoral Register will be available at a fixed charge of £25 for inspection at the address of the elected incumbent General Secretary by any voting member/s between 10th and 20th August of the year of election and all those becoming registered voters before 31st July of the same year will have their names entered in the Register and their identification cards obtained from the General Secretary in order to be eligible to vote and/or stand for office in terms of the constitution. No more than one nomination per member per post, office bearer or committee member shall be accepted. If more than one nomination is received their nomination paper will be considered constitutionally and/or otherwise invalid.
    4. Election by secret ballot will be conducted/supervised by a recognised Independent Electoral Body ensuring safe and secure, peaceful and impartial handling of the Association’s election in October. All those sending their nomination must also ensure their presence, in person, throughout on the Election Day failing which their nomination paper will be considered constitutionally and/or otherwise invalid. Its decision in the event of any election dispute/s will be considered final and accepted as such.
  10. By – ElectionThe By – Election of a member of the Executive Committee or an Office Bearer in place of the one who expires or is disqualified or otherwise ceases to be a member of the Association / Executive Committee, shall be made by the Executive Committee unanimously, failing which, it shall be done by a majority vote by the General Body in the next General Meeting.
    1. No office bearer shall hold the same post for more than two terms (if elected) continuously; but can stand for another post.
    2. No member/s from amongst the ordinary nine members who have already served two terms shall stand and seek the third term but may seek/stand for any of the six offices of the Executive.
  11. President:
    1. This position in one’s life time is open by election for two terms only.
    2. Retiring president shall be elected to the executive body as it’s Immediate Past President unopposed for only one term and optional for second 2nd term if same President runs for second term.
    3. In the year/event there is no holder of the position of Immediate Past President, there shall be fifteen members constituting the Executive Committee, (six office bearers and nine committee members)
  12. Duties of the Office Bearers
    1. PresidentHe/she shall be the head of the Association and shall preside over all the meetings of the Association both Executive Committee and General Body. He/she shall also attend to all administrative and organisational matters of the Association.
    2. Immediate Past President:He/she shall participate actively in the deliberations and constructively play advisory role in the Executive Committee;
    3. Vice PresidentHe/she shall assist the President in his duties and shall act for him during his absence. In addition, he/she shall deal with the complaints and disputes between the members of the Association.
    4. General Secretary
      1. Shall attend all the meetings of the Association and prepare the minutes of all meetings.
      2. Shall deal with all the correspondence in the name of the Association.
      3. Shall convene meetings of the Executive Committee and General Body.
      4. Shall give effect to the resolutions passed and the decisions by the Executive Committee and General Body.
      5. Shall have general liaison with the Sub-Committee and other Office Bearers to expedite matters referred to them.
      6. Shall be a link between members of the General Body and the Executive Committee.
      7. Shall prepare annual report on the affairs of the Association for presentation at the Annual General Meeting of the Association.
    5. Treasurer
      1. Shall receive and deposit all the moneys/cheques on behalf of the Association and promptly deposit them in the bank of the Association.
      2. Shall keep records and vouchers of all expenses and receipts of the Association in cash book which should be available at all times to the President/Secretary of the Association for their personal perusal or any other member, if deemed necessary by them.
      3. Shall get the accounts audited by the Auditor once a year
      4. Shall maintain a proper record of cheque books and current receipt books.
      5. Shall prepare a statement of account for presentation at the Annual General Meeting.
    6. PRO-Public Relations Officer
      1. To have liaison with and assist the president; vice –president; and General Secretary in the discharge of public relations duties. Create good relations and dialogue between the Executive Committee and Biradari members.
      2. To assist in organising Social/Cultural events as decided by the Executive Committee.
    7. Joint Secretary
      1. Shall assist the General Secretary in the efficient performance of his/her duties and shall act for him/her in his absence.
      2. Shall maintain a complete register of membership.
      3. Shall arrange children’s amenities and welfare activities.
      4. Shall arrange to store and account for the Association forms and stationary.
      5. Shall maintain an inventory of the assets of the Association.
    8. Auditor
      1. Shall check/audit periodically the accounts of the Association maintained by the Treasurer and shall ensure that these are properly kept and the funds of the Association are spent for authorised purposes and under Financial cannons. He shall act as an internal auditor and would be elected as per clause No 8 (a) and (b). The Auditor would attend the Executive Committee meeting by invitation only when required.
      2. The Auditor may suggest change in the existing system of keeping accounts, but no alteration may be effected until approved by the Executive Committee.
  13. AccountsThe accounts of the Association with the bank shall be operated jointly by any two of the three i.e. President, Secretary and Treasurer up to £3000. Above £3000 all three must sign.
  14. Funds
    1. All The money received by the Treasurer shall be deposited in The Bank approved by the Executive Committee.
    2. No money shall be spent without the approval of the Executive Committee except in emergency when the President or General Secretary can spend £750 maximum between 2 Executive Committee Meetings. Approval of the Executive Committee shall be obtained in respect at the amount so spent, in the next meeting.
    3. As far as possible, all payments shall be made by cheques, but no payment over £750 shall be made in cash. The Treasurer shall keep an imprest of £750 to meet an emergency payment and can spend £750 for which approval of the Executive Committee be obtained at the next meeting.
  15. Meetings
    1. General Body
      1. Two General Meetings, one in the first year in September or October and the second in October in the second year of election as per procedure in and add: clause 9, which is about elections.
      2. A special general meeting can also be held:-
        1. Whenever the Executive Committee deems it expedient to discuss an important matter concerning the Association.
        2. Whenever one fifth 1/5 of the members so request in writing to President asking him for such a meeting.
        3. To consider a motion of no – confidence in the Executive Committee as a whole. Quorum for this Meeting shall be two-third 2/3 of members, and only the simple majority shall be required to pass the motion.
      3. One-third 1/3 of the members or 50 members shall from the quorum except for 15 (ii) 3 above. In case of the General Meeting being adjourned due to lack of quorum, the next meeting of the General Body has no binding of the quorum.
      4. Agenda for the General Body meeting shall be approved by the Executive Committee.
      5. Members of the Executive Committee shall not discuss the conduct of other members in the General Body Meeting.
      6. Association’s Foundation Day shall be celebrated on Baisakhi each year.
      7. A 15 days clear notice shall be given for Annual General Body meetings and 7 days clear notice for special General Body meetings.
      8. All future correspondence, etc will be done by email only. If some member still wants by post they have to request it in writing from the Secretary.
    2. Executive Committee
        1. The Executive Committee shall meet at least once a Month.
        2. An emergency meeting shall be called by the President, General Secretary or shall be called at the request of 8 members of the Executive Committee to the President or General Secretary in writing to discuss an important issue.
        3. Any member who does not attend 3 consecutive meetings of the Executive Committee shall cease to be a member of the Executive Committee, without proper reasons for being absent from the meetings. An explanation shall, however, be obtained and considered before taking any such action. Refusal to give an explanation shall entail an ex-parte decision.
        4. Two-thirds 2/3 of members or 8 members shall from the quorum.
  16. Amendments to ConstitutionAny amendments to this constitution shall have to be approved by the General Body by 2/3 of the members present and voting. Any amendments that are brought to the General Body shall be discussed in the Executive Committee and approved by a 2/3 of the members present and voting. No amendment shall be made which will cause the Association to cease to be a charity at law.
  17. VacanciesThe following causes shall be deemed sufficient to cause vacancy in the Executive Committee
    1. Death
    2. Insanity.
    3. Ceasing to be a member of the Association.
    4. Transfer
    5. Misconduct – which, in the opinion of the Executive Committee renders one unfit to be a member of the Association.
    6. Failing to be present at the 3 consecutive meetings of the Executive Meetings of the Association, without giving justifiable reason in writing to the President.
  18. PHT – PROPERTY HOLDING TRUST DOCUMENT
    1. There shall be a minimum of five and a maximum of seven Property Holding Trustees (PHT) of The Association at any one time. All the PHTs shall act jointly as a body.
    2. All PHTs shall:
      1. be life members of the Association;
      2. be resident of the United Kingdom;
      3. be a house owner;
      4. be without a Criminal Record or having become bankrupt or otherwise insolvent;
      5. be of sound mind and proven integrity;
      6. to facilitate the purchase of the property, Executive Committee is empowered to appoint 3-4 temporary Property Holding Trustees until the appointment of regular PHTs.
      7. not be an auditor of the Association
      8. not be disqualified in law from being a charity trustee
    3. PHTs shall be proposed by the Executive Committee and shall be appointed in the Annual General Body meeting of the Association by majority vote of those present.
    4. Nomination for a PHT shall be on a prescribed form submitted to the Secretary.
    5. In the event of a vacancy/s, the Committee shall be empowered to fill the same, temporarily, and concurrently also seek further applications from the members. In the following Annual General Meeting, either new PHTs will be appointed or the temporary appointment/s shall be confirmed.
    6. the PHT shall not sell, lease, exchange, mortgage or charge the property or assets they hold on behalf the Association other than pursuant to the lawful instruction of the Association which shall be determined by its 2/3rd majority vote in a specially convened General Body meeting of the Association, called with the prior approval, in writing of the Executive Committee; the written instruction of the Association will be sent to the PHTs by the Executive Committee; PHTs will in letter and spirit fulfil such instructions.
    7. A PHT shall automatically cease to be a PHT if he/she:-
      1. dies;
      2. resigns;
      3. ceases to be qualified to be appointed as a PHT under clause 18 (b); or
      4. if they are removed by the Association by a 2/3 majority vote in a specially convened General Body meeting of the Association, called with the prior approval, in writing of the Executive Committee; the decision of the General Body will be sent to the PHT/individual PHT by the Executive Committee.
    8. All PHTs shall receive copies of all official notices and accounts of the Association and correspondence relating to the property and assets of the Association
    9. All property and assets belonging to the Association shall be vested in the PHTs names and on upon ceasing to be a PHT, a PHT shall co-operate in the vesting of property and assets in the continuing and new PHTs.
    10. No PHTs shall buy or sell to the Association any property or any other assets or derive any personal financial gain or other benefit in the administration of the Trust.
    11. If the PHT are sued on behalf of the Association or identify that, to protect the Association’s assets or property they need to issue proceedings, they shall immediately notify the Executive Committee in writing and liaise with the Executive Committee in relation to those proceedings. The Executive Committee will ensure that appropriate insurance is in place at all times to indemnify the PHT in relation to any claims which may arise in relation to the property and or assets of the Association, shall be responsible for general property insurance and shall provide evidence of insurance to the PHT if they so require.
    12. All deeds, documents, titles and securities shall be held by the PHTs, who shall take such measures for the safe custody and preservation thereof, at the Association’s expense of as they may think fit and shall produce them for inspection when required by the Executive Committee of the Association.
    13. The PHT shall have the right to examine all records, accounts and assets of the Association.
    14. In all other matters, the rules and regulations of the Charity Commission shall prevail.
    15. Under no circumstances shall the property or funds or income of the Association be distributed or shared amongst its members, the PHT or individual PHTs.
  19. MiscellaneousAll hearts are precious jewels and none should be harmed. The infringement of the Rules shall be avoided. The decision of the Executive Committee in all cases of misbehaviour shall be final and binding on the members, the decision of the President upon any point of order shall be final. The President shall have the power to interrupt or disqualify noisy, disrespectful or out of point speaking members.Notices

    All notices and circulars shall be deemed to have been served if delivered at or sent by email / post addressed to the last known address of the member or person for whom they are intended by the Secretary or Joint Secretary.

  20. DissolutionThe Association is not to be dissolved, but, in case of a Dissolution of Association by a resolution adopted by three quarters (¾) majority of members, the assets (after settling the liabilities, if any) of the Association shall be given or transferred to a charitable body or bodies having similar objectives.This is the final constitution having been duly adopted by the General Body in their meeting dated 4th October 2015, and it supersedes all previous constitutions.

    History: First Registered:

    • 28th April 1980.
    • Amended: 2nd March 1985
    • 26th September 1998
    • 16th October 1999
    • 17th October 2004
    • 4th October 2015