CONSTITUTION OF THE CLAIRWOOD SHREE SIVA SOOBRAMONIAR TEMPLE INDEX NO DESCRIPTION PAGE NO. 1. Name Policy Aims and Objectives 3

Transcription

1 CONSTITUTION OF THE CLAIRWOOD SHREE SIVA SOOBRAMONIAR TEMPLE INDEX NO DESCRIPTION PAGE NO. CHAPTER ONE 1. Name 3 2. Policy 3 3. Aims and Objectives 3 4. Entry to the Temple 4 CHAPTER TWO 5. Membership of the Temple 4 6. Rights & Privileges of Members 4 7. Honary Life Vice Presidents 5 8. Obligations of Members 5 CHAPTER THREE 9. Administration of the Temple 5-6 CHAPTER FOUR 10. Board of Trustees 6-7 CHAPTER FIVE 11. Sthanigars 7-8 CHAPTER SIX 12. Council 8-12 CHAPTER SEVEN 13. Elections Order of Elections Removal form Office 14 CHAPTER EIGHT 16. Woman s Forum Youth Forum 14 1

2 CHAPTER NINE 18. Annual General Meetings Special General Meetings 15 CHAPTER TEN 20. Property Murthies 16 CHAPTER ELEVEN 22. Temple Kavadies and Nine Elements 16 CHAPTER TWELVE 23. Misconduct and Disputes Disciplinary Procedure Sanction CHAPTER THIRTEEN 26. Legal Quorum Auditor Bookkeeper Fundraising Signatories Matters herein not provided for Amendments to the constitution 19 2

3 CONSTITUTION OF THE CLAIRWOOD SHREE SIVA SOOBRAMONIAR TEMPLE CHAPTER ONE 1. NAME (1) The Name of the temple shall be the Clairwood Shree Siva Soobramoniar Temple. (2) The temple shall comprise the devotees, members, the place of worship and property of the temple. 2. POLICY (1) The temple shall be a Hindu temple established to meet the religious and spiritual needs of persons following the Hindu faith. (2) The temple shall promote the Hindu religion. (3) All religious activity shall be conducted in the Hindu vernacular Languages. (4) The temple does not subscribe to the slaughter or sacrifice of animals in the name of worship. (5) There shall be no discrimination on the grounds of race, gender, ethnicity, caste, sexual preference or nationality. 3. AIMS AND OBJECTIVES The aims and objectives of the temple shall be : - (1) to cater for the religious and spiritual needs of the temple s devotees. (2) to promote, advance and develop Hindu religious festivals, worship and devotional gatherings. (3) to promote Indian vernacular and religious education. (4) to manage and conduct the temple as a religious institution and place of worship/ (5) to acquire, receive, possess and own in trust property whether movable or immovable, for the benefit of it s devotees, and in the furtherance of the aims and objectives of the temple. (6) to arrange and conduct regular prayer meetings and festivals. (7) to arrange and conduct lectures and discourses for the ongoing religious and spiritual upliftment of it s devotees. (8) to foster co-operative relationships with other organizations with similar aims and objectives. (9) to create and establish management and administrative structures and policies for the implementation of the aims and objectives of the temple. (10) To ensure a high quality of religious and spiritual leadership through the appointment of priests and other spiritual leaders. 3

4 4. ENTRY TO THE TEMPLE (1) Every individual subscribing to the Hindu faith shall enjoy free entry to the temple precinct and participation in all prayers, festivals and spiritual and cultural activities conducted in the temple. (2) Every person availing himself to the right established in para 4.1 above, shall exercise such rights in accordance with the constitution and rules of conduct established from time to time by the temple management. (3) The management of the temple shall reserve the right of admission and removal in respect of such persons who fail and / or refuse to abide by the constitution and conduct rules. CHAPTER TWO 5. MEMBERSHIP OF THE TEMPLE (1) Membership to the temple shall be open to all persons of the Hindu faith over the age of 18 (eighteen) years, subject to the approval of the Council and payment of the membership fee, to be determined from time to time. (2) Any person desiring to be a member shall complete a written application on a prescribed form and submit same to the secretary of the council for consideration. (3) Applications for membership shall be considered by the Council at it s monthly meetings; and applicants shall be advised in writing of the Council s decision to admit or reject such applications for membership. (4) The decision of the Council shall be final and binding, subject to an appeal by the rejected applicant to a committee comprising the temple s executive committee and Board of Trustees sitting together. (5) In the event of an application for membership being rejected, the Council shall be obliged, upon request, to furnish full reasons for the rejection of such application. (6) The Council shall maintain a register of all members and their personal details. (7) Membership shall be valid for a period of three (3) years, and shall only be renewable upon a written application for renewal accompanied by payment of the membership fees as may be determined from time to time. (8) The Council shall be entitled to levy a membership fee, as determined at an Annual General Meeting. (9) The Council shall have the right to waive the membership fee, in exceptional circumstances on good cause shown. (10) All admitted members shall bind themselves in writing to the Temples Constitution and Code of Conduct. 6. RIGHTS AND PRIVILEGES OF MEMBERS (1) All members shall have the right to enter the temple for purposes of devotion, prayer and worship. 4

5 (2) All members shall have the right to participate in the activities of the temple. (3) Members shall be entitled to a vote at the Annual General and Special General Meetings of the Temple. (4) Members over the age of 21 (twenty one) shall be entitled to nomination and election to the Council of the temple, subject to the eligibility criteria stipulated in respect of certain specific positions and portfolios. (5) Membership shall lapse in the event of a non-renewal of membership and / or the non-payment of the membership subscriptions. (6) A member who is a paid employee of the temple shall not be entitled to hold any position either as trustee or on the Council and Executive Committee. 7. HONARY LIFE VICE PRESIDENTS (HLVP) (1) All existing HLVP s as at 01 January 2009 shall continue to be HLVP s for their lifetime or until they resign. (2) The council shall be entitled to propose to an Annual General Meeting, nominations for the conferral of Honorary Life Membership, to such persons over the age of 50 (fifty) years who have historically served the temple with distinction, commitment and honour. (3) Honorary Life Members may attend and be heard at all Council meetings but shall not be permitted to vote at such meetings. (4) A Honorary life member shall not be entitled to election onto the executive committee, council or the Board of Trustees. 8. OBLIGATIONS OF MEMBERS (1) All members shall adhere strictly to the tenets of the Hindu religion as set out in the Temple Policy Statement. (2) All members shall adhere strictly to the Constitution of the temple, its code of conduct and its rules and regulations. (3) All members shall be obliged to pay their membership fees unless exempted by the council. (4) All members shall be obliged to perform any function relating to religious activity and the maintenance and upkeep of the temple reasonably required of them by the temple administrators. CHAPTER THREE 9. ADMINISTRATION OF THE TEMPLE The administration management and control of the temple shall vest in : 5

6 (1) A council comprising; The Executive Committee, plus Ten (10) council members; (2) The Executive Committee shall comprise; (e) Chairperson; Vice Chairperson; Two Joint Secretaries; Treasurer; Public Relations Officer. CHAPTER FOUR 10. BOARD OF TRUSTEES There shall be appointed a Board of Trustees in terms of a Deed of Trust, whose function and duty it shall be to safe guard, preserve and promote the assets both fixed and movable, the good name, reputation and honour of the temple. (1) COMPOSITION The board of Trustees shall comprise six (6) elected trustees of whom the undermentioned three (3) trustees shall be trustees for the rest of their lives without having to be re-elected, consequent upon their uninterrupted long service in this capacity; (i) (ii) (iii) K S Govender; J Govender; P Govender. The term of office of the trustees shall be five (5) years. At no time shall there be less than four (4) trustees. Only members who fulfill the following criteria shall be eligible for election as a trustee : - (i) (ii) Any prospective candidate shall be over the age of forty (40) and Shall have served the temple as a devotee for an uninterrupted period of at least fifteen (15) years, (5) five of which shall have been as a member of the Council. (2) PROCEDURE FOR ELECTION OF TRUSTEES Trustees shall only be elected at an Annual General Meeting or a Special General meeting convened specifically for such election. Any person wishing to avail himself for election as a trustee, shall cause for a comprehensive curriculum vitae together with an application form duly endorsed by five (5) members of good standing to be submitted to the Secretary not less than 30 (thirty) days before the date of the meeting convened for such elections. 6

7 The Council shall upon receipt of such application and curriculum vitae, present such nomination to the Annual General or Special General Meeting, upon satisfying itself that the candidate satisfies the requirements set out in the Constitution. No sitting member of the Council may be elected as trustee, whilst still occupying his seat on the Council. (e) The Trust Board shall, not later than fourteen (14) days after their election convene a meeting to elect a Chairman and Secretary of the Board. (f) The position of Chairman and Secretary of the Board shall be rotated every two (2) years and in such a manner that no person shall be elected as Chairman or Secretary of the Board twice over the five (5) year period. (3) TRUST DEED The Board of Trustees shall be governed by the terms of the trust deed which shall be prepared by the Council and approved at a general meeting of members. (4) VACANCY Should a trustee die or resign from this trust, his / or office shall become vacant and the secretary of the Council shall as soon as possible cause steps to be taken to have the vacancy filled at a special or annual general meeting of members, whichever is the earlier. Upon the death of each of the existing life trustees their position shall be filled by an elected trustee. Upon the deaths or vacation of office of the existing life trustees, there shall thereafter be no further life trustees appointed. (5) MEETINGS AND DECISIONS OF BOARD OF TRUSTEES The Board of Trustees shall not take any decisions unless at least four(4) trustees are present, which number shall constitute a quorum. (6) NAME OF TRUST The trust shall be called the Clairwood Shree Siva Soobramoniar Temple Trust. CHAPTER FIVE 11. STHANIGARS Sthanigars shall be elected at an annual general meeting and shall serve for a period of 3 (three) years. 7

8 Persons eligible for election as Sthanigars shall: (1) Be over the age of 50 years. (2) Be fully versed and conversant with the prayers, practices and rituals of the temple. (3) have served the temple as a member for at least 15 (fifteen) years. (4) Be a person of high moral standing, integrity and humility. (e) (f) (g) (h) (i) (j) Sthanigars shall not be eligible for election to the Council or the Trust and shall not have a vote save at the Annual General and Special General Meetings. The Sthanigars shall supervise the resident priest in the conduct of the prayers and rituals. Sthanigars shall report monthly to the Council on the roster of prayers and festivals, the preparations therefor and the budgetary requirements therefor. The Sthanigars shall be neutral and refrain from involvement in any matters relating to the management and administration of the temple. Shall attend the monthly council meetings and appraise the council of all religious activities, preparation thereof and budget expenditure requirements. Shall carry the first milk vessel on the morning of the Poosam Kavady, in alternation. The Sthanigars shall refrain from involvement in any controversial issues and shall always remain neutral and unbiased in any disputes as may from time to time arise within the temple. The Sthanigars shall be required to fast for a period of 48 (forty eight) days prior to Kavady. CHAPTER SIX 12. COUNCIL (1) Council shall comprise the executive committee plus ten (10) elected members. (2) EXECUTIVE COMMITTEE The executive committee shall give effect to all council decisions and shall attend to all things necessary for the executive running of the temple, manage the operations and day to day administration and income and expenditure in accordance with resolutions and directives issued by the council. The executive shall meet at least once a month and provide the Council with a monthly report on their activities. The executive committee shall consist of : (i) Chairperson 8

9 (ii) (iii) (v) (vi) The Vice Chairperson Two Join Secretaries Treasurer Public Relations Officer (3) THE CHAIRPERSON / VICE CHAIRPERSON 3.1 Only persons who fulfill the following criteria shall be eligible for election as Chairperson: Any prospective candidate must be over the age of forty (40); Shall have served the temple as a devotee for at least fifteen (15) years, five (5) of which shall have been as a member of the Council. Any person wishing to avail himself / herself of candidacy for the position of Chairperson shall cause a comprehensive curriculum vitae together with an official nomination form signed by five (5) bona fide members to be submitted to the Secretary not less then thirty (30) days before the General meeting. Prospective candidates for Chairperson and Vice Chairpersons shall be presented by the council to the Annual General Meeting or Special General Meeting. 3.2 The powers and duties of the chairperson shall be to : - (i) (ii) (iii) (iv) Preside over all meetings of the executive committee and general council and the temple and be fully acquainted with and follow the rules of procedure applicable to the conduct of such meetings. Present an annual report on the activities of the temple at the Annual General Meeting. Have a deliberate as well as casting vote. Carry out the other functions of a chairperson and member as provided elsewhere in this constitution. 3.3 The Vice Chairperson shall deputise for the Chairperson in his absence. 3.4 Should the Chairperson resign or vacate office for any other reason, the Vice Chairperson shall act in the position of Chairperson, until a general meeting of members is convened for the purpose of electing a Chairperson. 9

10 (4) THE JOINT SECRETARIES The Secretaries shall during their term be the custodians of all books, membership records, documents and papers belonging to the temple. Their powers and duties shall be to : Maintain a clear and complete record of the proceedings at each meeting of the Council and Executors. (e) (f) Attend to all correspondence on behalf of the temple and keep suitable record of all correspondences both incoming and outgoing. Shall cause all books and records together with the Annual Secretarial Report to be handed over to the Chairman thirty (30) days before the Annual General Meting. On termination of his / her office, hand over all books, records and documents with the inventory thereof, to his / her successor. In the event of the absence or demise of one secretary, the other secretary shall deputize until such position is filled by an elected replacement. Keep a record of all members and their personal particulars. (5) TREASURER The powers and duties of the Treasurer shall be to: - (e) (f) (g) Maintain an accurate account of the financial affairs of the temple. Be responsible for and keep such records of books, invoices and documents relating to the receipts and payments of the temple. Shall present at every council meeting a comprehensive income and expenditure statement and bank reconciliation on all accounts held in the name of the Temple. Ensure that all payments are made via official cheques and supported by accompanying vouchers. Shall be the custodian of all collection boxes as well as funds generated by the Priest, and shall cause for these funds to be reconciled at least once a week together with the Priest and at least one Sthanigar. Shall be the custodian of the keys to the temple collection boxes, safes, woondies and all documentation relating to the fixed properties of the temple. The treasurer shall cause for a monthly petty cash system to be maintained together with a record and reconciliation thereof with the Sthanigars. 10

11 (h) (i) (j) The treasurer shall cause for a register to be maintained in respect of all movable property of the Temple and shall be the custodian of title deeds to the Temple s fixed assets. Shall cause for all books and records together with the Annual Financial Report to be handed to the Chairman thirty (30) days before the Annual General Meeting. Shall present at the Annual General meeting a Treasurer s report incorporating financial statements, balance sheets and a statement of assets and liabilities. (k) On termination of his / her office, hand over all books, records and documents with an inventory thereof, to his / her successor. (l) The Treasurer shall ensure that the books of account are prepared according to generally accepted accounting practices and duly audited at least once in every 12 (twelve) month cycle. (6) PUBLIC RELATIONS OFFICER Any member wishing to avail himself / herself to the position of P.R. O. shall cause a comprehensive Curriculum Vitae to be submitted to the Council. The duties of the P.R.O. shall be to : Ensure that the temple and all its activities are marketed and advertised to the maximum effect. Motivate and co-ordinate ongoing drives and initiatives for the purpose of fundraising. Promote and market the Temple s hall and amenities to it s maximum benefit and potential. (7) COUNCIL The Council shall comprise the executive committee plus ten (10) elected members. The powers, duties and functions of the council shall be. (8) POWERS OF THE GENERAL COUNCIL To engage all such parties, officers and servants as it shall consider necessary and shall regulate their duties and fix their salaries, conditions of service and terminate their employment if and when necessary. To accept or reject any application for membership. To frame and pass a code of conduct, bye-laws and regulations not inconsistent with this constitution for the management, conduct and control of any of its affairs, ceremonies etc, and for the conduct of its meetings, whatsoever the nature of the meetings may be and to rescind, amend, alter or add to such bye-laws and regulations at its discretion. To erect buildings, repair, add to improve, renovate remodel or redecorate the existing Temples, buildings and its surroundings. 11

12 (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) To obtain financial support, collect or receive monies by way of bequest, donations, subscriptions, grants and raise funds in any manner whatsoever and to receive any property for the benefit of the Temple and to borrow money from any Commercial Bank. To lease or hire any property or portion of any property of the Temple, collect or receive rents if necessary, to cancel any lease or other tenancy and to take legal proceedings for the recovery of rent and / or damages and / or ejectments or other relief in connection with such lease or tenancy. To permit the Temple, property to be used for religious, educational, benevolent, and social or community purposes. To invest any of its surplus funds in reputable investments institutions which are registered as such under Government regulations. To fill any vacancy that may arise in the council other than the offices of Sthanigars and trustees during the period between elections, to appoint any office bearer in an acting capacity in the places of those who may resign during the period between elections, to appoint an assistant to any office bearer. To appoint an auditor to audit the books of the Temple. To appoint standing or sub committees and delegate powers to any such standing or subcommittees and to disband such sub committees. To invite guest speakers. To determine the code of conduct and rules and regulations of the temple from time to time. To institute disciplinary proceedings and appoint an independent arbitrator when the circumstances demand such appointment. (9) MEETINGS OF THE GENERAL COUNCIL (1) The Council shall meet at least once a month. (2) Nine(9) members of the council shall constitute a quorum. (3) Proper notice of meetings shall be given by the Secretary to all members. Notice shall be in a manner agreed by the Council from time to time. (4) If there exists no quorum for a proposed Council meeting, such meeting shall stand adjourned for seven (7) days thereafter, whereupon the Council shall re-convene at which meeting the members present shall constitute a quorum. (5) Special / Subcommittees The following committees shall be formed by the General Council to attend to their special functions: Wedding and Catering Finance 12

13 Pooja Building and Maintenance. The general council shall have the powers to appoint, nominate or elect members of the temple to these committees and the General Council shall put in place all the systems and structures under which these committees shall operate. At least two (2) council members shall serve on such sub committees. CHAPTER SEVEN 13. ELECTIONS 13.1 COUNCIL AND EXECUTIVE COMMITTEE OF COUNCIL (e) (f) Elections shall be held tri-enially at a general meeting of the congregation which shall be held during the month of Thai on the Sunday preceding the Public Kavady at the temple premises situate at 122 Sirdar Road, Clairwood. All elections shall be conducted by a show of hands and controlled by an independent electoral officer, who shall not be eligible for election to any position within the temple. The electoral officer shall be appointed by the presiding general council before the annual general meeting. Only members whose names appear on the register of members shall be entitled to vote. No members shall be elected in absentia. All members elected to the executive committee or council shall serve office for three (3) years. (2) DISQUALIFICATIONS The following persons shall be disqualified from holding any position on the Executive Committee or Trust Board; An unrehabilitated insolvent. A person convicted of a crime involving a dishonest intent. Any person who holds a similar position at another institution with the same aims and objectives as the temple. 14. ORDER OF ELECTIONS Elections shall take place in the following order :- (1) The Sthanigars (2) The Trustees (3) Chairperson (4) Vice-Chairperson 13

14 (5) Joint Secretaries (6) Treasurer (7) Public Relations Officer (8) Ten (10) Council Members. 15. REMOVAL FROM OFFICE (1) In the event that any member of the Council or Executive fails to attend three (3) consecutive meetings of the Council without reasonable cause or is otherwise remiss in the performance of his duties or unfit to perform them properly, the Secretary or member of the council duly appointed by the council to act as such shall write a letter to such defaulting member, drawing his attention to the cause of the complaint, inviting him / her to show cause in writing by a specified date (which shall not be less than ten (10) days from the date of such letter), why he should not be removed from office. (2) In the event of such defaulting member failing to show cause in writing by such date or fails in the opinion of the council to show sufficient cause, such member may be removed from office by a two thirds majority of the council present and voting, and shall be so advised in writing. (3) Should any vacancy on the council arise, such vacancy shall be filled by an election at the next general meeting of the members of the temple. 16. WOMEN S FORUM CHAPTER EIGHT (1) There shall exist the provision for the formation from time to time of a Women s Forum. (2) The purpose of this forum shall be to propagate Women s cultural, religious and devotional activities within the temple and in keeping with the aims and objectives of the temple. (3) The forum shall be managed by a Convener, elected from amongst the members of the forum, and a secretary. (4) The forum shall have no rights, functions and duties in relation to soliciting any funds for the temple unless authorized by the council. (5) The forum shall be subject to the authority of the executive and the council of the temple and shall not transact financially or otherwise without the prior approval of the council. (6) The convener of the forum shall be entitled to sit on the council without voting rights. 17. YOUTH FORUM (1) There shall exist the provision for the formation, from time to time of a Youth Forum. 14

15 (2) The purpose of this forum shall be to propagate youth cultural, religious and devotional activities within the temple and in keeping with the aims and objectives of the temple. (3) The forum shall be managed by a Convener, elected from amongst the members of the forum, and a secretary. (4) The forum shall have no rights, functions and duties in relation to soliciting any funds for the temple unless authorized by the council. (5) The forum shall be subject to the authority of the executive and the council of the temple and shall not transact financially or otherwise without the prior approval of the council. (6) The convener of the forum shall be entitled to sit on the council without voting rights. 18. ANNUAL GENERAL MEETINGS CHAPTER NINE (1) The annual general meeting shall be held during the month of Thai on the Sunday preceding the Public Kavady at the temple premises situate at 122 Sirdar Road, Clairwood. (2) Agenda of the Annual General meeting shall be as follows :- (e) Read and confirm minutes and to deal with matters arising therefrom. Read and confirm reports from the Chairperson, Secretary and Treasurer s financial reports. To amend and modify conduct rules and the constitution where necessary. Elections General (3) Only fully paid up subscribed members whose names appear on the register shall be entitled to vote. 19. SPECIAL GENERAL MEETINGS (1) The Secretary at the direction of the council shall summon a special general meeting of the members. Such meeting shall be summoned within thirty (30) days of the receipt of a requisition signed by a minimum of twenty five (25) members of the temple, who shall give their postal as well as their residential addresses and who shall set forth their reasons for requesting such a meeting. (2) The presence of twenty five (25) members shall form a quorum for a special general meeting. 15

16 (3) In the event of the Secretary refusing or neglecting to call such a meeting in the manner prescribed in clause (20.1), the requisitioners themselves may convene a special meeting but at such a special general meeting no business other than stated, in the notice convening the meeting shall be transacted and any decision that may be arrived at, at such a meeting shall be forwarded to the council. (4) Only fully paid up subscribed members whose names appear on the register shall be allowed to vote at such a meeting. (5) Not withstanding the provisions of paragraph 20(i) and (3) above, at its discretion, the council shall be entitled to convene special general meetings for specified reasons. 20. PROPERTY CHAPTER TEN 21.1 The immovable property owned by the Temple shall under no circumstances, be mortgaged, sold or disposed of, save with the authority of a resolution passed by a two thirds majority at a Special General Meeting called specifically to seek such authorization No individual shall enjoy the personal use of any of the temple s property either movable or immovable. 21. MURTHIES (1) There shall be no duplication or addition to the present family of murthies save as a replacement for damaged murthies. (2) For the purpose of all public functions and prayers, only the murthies belonging to the temple shall be placed on the temple chariot for street processions. (3) No murthies may under any circumstances be offered for use by any individual member or devotee. CHAPTER ELEVEN 22. TEMPLE KAVADIES AND NINE ELEMENTS Any person wishing to carry the Iduman and Kovil Kavadies and the Nine Elements shall make an application in writing to the council and shall satisfy the following criteria : (1) Must commit to observe a fast for forty eight (48) days prior to the Paravum.. (2) Must submit a motivation to satisfy the council of their eligibility. (3) In the event of there being more than one such application; the Council shall determine the successful applicant by the drawing of lots at a fully convened Council meeting. 16

17 23. MISCONDUCT AND DISPUTES CHAPTER TWELVE A member shall be guilty of misconduct if he / she : - (1) is found to have acted, behaved or conducted himself / herself improperly, inappropriately or in a manner unbecoming of a member of a religious / cultural institution. (2) has made unauthorized and unsubstantiated statements to the media or public regarding affairs of the temple. (3) has misappropriated, squandered or is unable to account for funds in his care, due to the temple. (4) has in any way acted in a manner designed to, or capable of bringing the good name of the temple into disrepute. (5) has in any way desecrated, damaged or alienated any property of the temple. (6) has behaved in any unruly, disruptive and or vindictive fashion at any meeting, prayer or festival of the temple. (7) solicits donations or contributions from the public without the knowledge or authority of the Council. (8) any other conduct deemed by the Sthanigars or officials to be offensive, abusive and / or unbecoming. 24. DISCIPLINARY PROCEDURE (1) Any misconduct alleged against a member, trustee HLVP or Life Member shall be brought before the Council by way of a written motion. (2) The Council shall cause a proper investigation and evaluation of the allegation to be carried out and tabled before the council and may appoint a sub-committee for this purpose. (3) The Council shall deliberate on the motion and choose any of the following options : - In the event of the allegation of misconduct being made against a trustee, HLVP or Life Members an independent arbitrator shall be appointed to deliberate on the enquiry. Where the council deems the offence to be trivial or less serious, the council may by consensus take a decision to caution or censure the offender. Where the allegations are of a serious nature, the council shall appoint, a disciplinary committee to receive evidence and adjudicate on the said misconduct. The council shall cause a detailed mandate and terms of reference to be supplied to such disciplinary committee. 17

18 (e) (f) In all instances where there is a dispute or misconduct involving two or more members the council shall appoint an independent arbitrator. The council shall, as soon as possible disciplinary after the committee or arbitrator has deliberated, convene a meeting to consider the report and recommendations of the disciplinary committee or arbitrator and take the necessary decisions. 25. SANCTION (1) All decisions to sanction or exonerate a member charged with misconduct shall be taken at a full council meeting. (2) The Council shall have the power and authority to hand down the following sanctions : - Resolve to expel or suspend a member from office. Reprimand and censure the offending member in writing. Caution and counsel the offending member. Take any other steps as may it deem expedient and appropriate. The decision of the general council shall be binding on all parties. CHAPTER THIRTEEN MISCELLANEOUS PROVISIONS 26. LEGAL The chairperson of the Trust Board, acting under the instructions from the Council, shall have the power to commence, prosecute, discontinue, abandon or defend any action, suit or proceeding in connection with the temple or trust property or any other matter concerning the legal interest of the temple. 27. QUORUM (1) Twenty five (25) fully subscribed members whose names appear on the register shall form a quorum for the annual or special general meeting. (2) Nine (9) council members shall form the quorum for the council meetings. (3) Four (4) trustees shall form the quorum for the trust board meetings. (4) Four (4) executive members shall form the quorum for the executive committee meetings. 28. AUDITOR An auditor shall be appointed by the council. His duties shall be to peruse all receipts of accounts and payments and thoroughly investigate all sources of financial transactions of 18

19 the temple, audit accounts and submit to the annual general meeting or special general meeting his / her report thereon. 29. BOOKKEEPER A bookkeeper may be appointed if necessary at the first council meeting of the temple to be held immediately after the annual general meeting. The bookkeeper may be paid for his / her services monthly or may volunteer free of charge or be paid an honorarium to be decided by the committee. 30. FUNDRAISING (1) All fundraising activities, relating to the temple in whatever form shall be initiated by and supervised by the Council. (2) All fundraising proposals must be presented to the council in a detailed written format for consideration an approval. (3) The presiding public relations officer of the temple shall be responsible for the coordination of all fundraising activities in conjunction with the Executive committee and council. (4) A detailed financial account of all income and expenditure for every fundraising event shall be presented to the council within 30 (thirty) days of such event. 31. SIGNATORIES 31.1 The Chairman and Treasurer, shall be the primary signatories to the Temple s banking account All cheques, contracts, agreements and documents binding the temple legally, shall be signed by the Chairman and Treasurer The Vice Chairperson shall, only in the event of the indisposition of the Chairman and in situations of urgency, sign such cheques and documents as an alternate to the Chairperson, provided that all documents must bear the signature of the Treasurer. 32. MATTERS HEREIN NOT PROVIDED FOR Any matter not herein provided for, whether or not in conflict with this document, or not, but is of a nature to alter any issue of policy shall be dealt with at a Special General Meeting called specifically for that purpose. 33. AMENDMENTS TO THE CONSTITUTION All amendments to this document of whatever nature shall only be passed at a Special General meeting / Annual General Meeting / triennial meeting after being duly advertised in the media and on the temple notice board for a period of twenty one (21) days and carried by a majority of two-thirds of the duly registered members present. 19

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