Constitution / By-Laws
ACOS By Laws / Constitution:
Adopted in May 2016
SECTION 1 – GENERAL
1.1 Definitions
In this By-law, unless the context otherwise specifies or requires:
a. “ACOS” means the Association of Consultants for Overseas Studies, an Association formed under Societies Registration Act 1860 (XXI of 1860) & as Punjab Amendment
Act 1957
b. “Acting” means temporarily assuming the duties or authority of another officer of the Association or a position on the board of the Association.
c. “Articles” means the original or restated articles of in Association or articles of
Amendment, amalgamation, continuance, reorganization, arrangement or revival of the Association;
d. “Regular Member” means Members in Good Standing of ACOS
e. “Board” means the board of Executive of the Association;
f. “By-laws” means any By-law of the Association from time to time in force and effect;
g. “Chapter” means the groups of Members representing the geographic distribution of the Members, which geographical divisions and number of Chapters shall be determined by the Board;
h. “Chapter Committee” means the Committee appointed by the Board to represent each Chapter;
i. “Code of Conduct and Ethics” means the rules which, will govern the professional conduct of the members of the Association, as may be amended by the Executives at their discretion from time to time.
j. “Association” means ACOS Association of Consultants for Overseas Studies: an
Association formed under Societies Registration Act 1860 (XXI of 1860) & as Punjab
Amendment Act 1957
k. “Executive Committee” means the Committee comprised of the President, Vice-
Presidents, Treasurer, Secretaries and General Secretary of the Association & Executive members
m. “Member in good standing” means the Member is not under disciplinary action, suspension or cancelled and the Member does not have any outstanding fees, dues or levies;
o. “Office Bearers” means the President, Vice-Presidents, General Secretary, Treasurer, and
Secretaries appointed by the Executives
p. Associate Members means members from overseas (Institutes).
q. “Public Accountant” means the accountant appointed by the Association.
r. “Registered Member” means a voting member.
s. “Regulations” means the regulations made under the Act, from time to time amended and every regulation that may be substituted therefore and, in the case of such substitution, any references in the By-laws to provisions of the regulations shall be read as references to the substituted provisions therefore in the new regulations;
and
t. “Term” means a period of time that an elected or appointed members and/or
Office Bearers serves on the Board, and includes a partial term and/or period of time serving in an “acting” position. The maximum term for an elected President would be
Continues TWO (2) terms.
u. “Election Committee” means committee comprised of three member from non-member of association and two member association. These three non-members will be taken/selected from Government Authority, Lawyer & Educationalist and other two members would be taken from Governing Council or Registered members. The selection of this committee would be announced at least 3 months prior to the Election with majority decision of Executives.
1.2 Head Office
The head office of the Association shall be in the City of Jalandhar, Punjab or, if authorized by By-law, at such other location in India
1.3 Seal
The corporate seal of the Association shall be in such form as adopted by the Board of Executives of the Association.
1.4 Banking Arrangements
The banking business of the Association shall be transacted at such bank, trust company or other firm or Association carrying on a banking business in India or elsewhere as the Board of Executives may designate, appoint or authorize from time to time by resolution. The banking business or any part of it shall be transacted by an officer or officers of the Association and/or other persons as the Board of Executives may by resolution from time to time designate, direct or authorize.
1.5 Financial Year
The financial year of the Association shall terminate on the 30th day of June in each year or on such other date as the Executives may from time to time determine by resolution.
SECTION 2 - EXECUTIVES
2.1 Number and Duties
(1) The affairs of the Association shall be governed by a Board of Executives (hereinafter referred to collectively as the “Board” or the “Board of Executives” and hereinafter referred to individually as a “Executive”), which Executives shall be elected by the Members entitled to vote.
(2) The Board shall consist of maximum 11 Executives and 4 Chapter Heads. This number can be changed if needed with majority decision of House.
(3) The duties of the Board of the Association, amongst others, shall include:
a) Oversee development and approval of a long-term corporate plan and approve annual budgets and operating plans;
b) Define and/or safeguard the organizational mission and vision, the corporate values and operating principles within which it expects the Association to be administered and to review these periodically;
c) Govern the Association through vision, mission, core goals, and planning objectives approved by the Board, and reviewed periodically;
d) Seek and secure sufficient resources for the Association to finance its programs adequately;
e) Account to the Members, for the services of the Association and expenditures of funds;
f) Regularly review the Association’s services to ensure that they are consistent with the mission, vision and core goals of the Association and that its programs are effective and relevant to Member needs;
g) Provide continuity for the Association and opportunities for Member participation.
h) Represent the Association and its programs through collaboration with stakeholders and the community, Government Authorities, High Commissions/embassies and other Associations.
2.2 Executive Conduct
Each Executive is expected to become an active participant in a body that functions effectively as a whole. In addition to assisting in the exercise of the major duties of the Board outlined above, the Board of Executives are responsible to exercise due diligence in the performance of their duties. They are responsible to:
a) Be informed of the Articles of Association and legislation under which the
Association exists, its By-laws, mission, values, code of conduct, and policies as they pertain to the duties of a Executive;
b) Keep generally informed about the activities of the Association, the community and general trends in the business in which it operates;
c) Attend meetings regularly, serve on committees and contribute from personal, professional and life experience to the work of the Board;
d) Exercise the same degree of care, diligence and skill that a reasonably prudent person would show in comparable circumstances;
e) Offer their personal perspectives and opinions on issues that are the subject of discussion and decision;
f) Voice, clearly and explicitly at the time a decision is being taken, any opposition to a decision being considered by the Board;
g) Maintain solidarity with fellow Executives in support of a decision that has been made in good faith in a legally constituted meeting, by Executives in reasonably full possession of the facts;
h) Ask the Executives to review a decision, if he/she has reasonable grounds to believe that the Board has acted without full information or in a manner inconsistent with its fiduciary obligations, and, if still not satisfied after such review, ask that the matter be placed before the Members;
i) Know and respect the distinction in the roles of the Board and management consistent with the principles underlying these governance policies; and
j) Exercise vigilance for and declare any apparent or real personal conflict of interest in accordance with the Association’s by-laws and policies.
2.3 Executive Qualifications
(1) Subject to the Articles and these By-laws, the Registered Members shall elect the Executives by regular members having voting rights through ballot/e-voting. Each Executive shall be elected to hold office for a term of three (3) years, unless appointed in compliance with the Act.
(2) Every Executive shall be a Registered Member and a Member in Good Standing of the Association and must be a Member of Association for the minimum period of four years continuously before being elected or selected for executive. An Executive who resigns during his term of office can run for re-election in the coming election, but he has to submit written affidavit to Board stating that he will always hold respect for Executive body.
2.4 Nomination Procedure
(1) Except as otherwise specified, every Executive shall be elected by the Registered
Members.
(2) At least two (2) months prior to the expiry of any Executive’s Term, the
General Secretary shall notify every Member of the pending vacancy and provide information about the relevant nomination, qualifications, voting procedures as per polices or regulations passed by the Board on nomination from time to time, by sending written notice to each Member at their registered address/ registered email.
(3) A nominee must accept the nomination in writing on letter head/ email before their name shall be added to the ballot.
(4) A nominee must declare in writing that she or he will observe the provisions of the Act, Regulations and By-laws, and the procedures related to the election.
(5) The Governing Council has right to disqualify any nominee whose nomination or election contravenes the Act, Regulations or By-laws.
2.5 Election & Term
(1) Executives shall be elected by the Registered Members for a term of three (3) years (the “Term”).
(2) A retiring Executive may remain in office as a Executive until the termination or adjournment of the meeting at which his or her successor is elected or appointed and shall be eligible for re-election for any number of terms.
2.6 Vacancies
The office of an Executive shall automatically be vacated:
a) If the Executive ceases to be a Registered Member of the Association or ceases to be a Member in Good Standing;
b) If the Executive is not in good standing with the regulatory body for Authorized
Representatives;
d) If the Executive is found to be a mentally incompetent person or becomes of unsound mind;
e) If the Executive by notice in writing (Email or in Official Whatapp House group or any other accepted media to the Association resigns as a Executive, which resignation shall be effective at the time it is received and accepted by the Board.
g) If the Executive dies;
i) If the Executive is absent from three (3) meetings of the Board in any fiscal year of the Association without reasonable excuse as determined by the Board where notice has been properly given of the meeting. For purposes of this subparagraph, “reasonable excuse” could mean an illness of the Executive or a death or serious illness in the Executive’s family or where the executive is on some professional tour to abroad but in that case he has to send pre intimation to General Secretary of association.
2.7 Filling Vacancies
a) Any vacancy in the Board may be filled for the remainder of the unexpired Term by by a majority resolution of the Executives, provided that there is a quorum of Executives in office.
b) Any person elected or appointed as a Executive under this section will serve the remaining period of the unexpired Term in which the vacancy occurred and will be deemed to have completed a full term of office.
2.9 Expenditures
The Board shall have power to authorize expenditures on behalf of the Association from time to time. The President AND General Secretary shall have the power, in each fiscal year of the Association, to authorize expenditures on behalf of the Association up to INR 100,000 in aggregate without needing the pre-approval of the Board.
The Board shall have the power to approve all such expenditures and to raise the aggregate limit as required or necessary. The Board may delegate by resolution to an officer or officers of the Association the right to employ and pay salaries to employees. The Board shall have the power to enter into a trust arrangement with a trust company for the purpose of creating a trust fund in which the capital and interest may be made available for the benefit of promoting the interests of the Association in accordance with such terms as the Board may prescribe.
2.9 Grants and Donations
The Board of Executives shall take such steps as it may deem requisite to enable the Association to acquire, accept, solicit or receive legacies, gifts, grants, settlements, bequests, endowments and donations of any kind whatsoever for the purpose of furthering the objects of the Association.
2.10 Working Committee of Association
There shall be a working committee of association, which could be maximum member up to 51. It shall have members from all geographical regions. Executives shall decide distribution of members by passing resolutions time to time according to need and requirement but representation of all regions shall be basic criteria. Any member who offer his services as volunteer and is willing to play active role in association will be made member of working committee of association. Working committee will meet at least once in three months’ period.
SECTION 3 - COMMITTEES
3.1 Committees
The Board may establish Committees from time to time and may determine the duties of such Committees. The Board shall appoint Executives and Members to Committees by majority vote.
The Standing Committees of the Board shall be:
a) the Executive Committee, Governing Council, New Membership Committee, Education and Training Affairs Committee, Social media Promotion Committee and Disciplinary committee
b) Special Committees, being Committees appointed for specific duties whose mandate shall expire with the completion of the tasks assigned (“Special Committees”).
3.2 Committee Composition
(1) Any Committee member may be removed by resolution of the Board.
(2) Committee members shall receive no remuneration for serving as such, but are entitled to reasonable expenses incurred in the exercise of their duties.
(3) Each Committee shall operate in accordance with the Mandate and Charter established by the Board in respect of each Committee.
(4) Each Committee chairperson shall present a yearly report to the Board summarizing the activities of the Committee over the previous year and its objectives for the upcoming year in accordance with the Committee Mandate and Charter.
(5) Anytime the Chairperson of a Committee is vacant, the Executive Committee will fill the Chairperson position until such time as a Executive is appointed or elected to the
Chair position.
3.3 Education and Training Affairs Committee
The Education and Training Committee shall:
a) Recommend to the Board of Executives goals and priorities for the Committee; It will regularly work on Training and educational workshops on different aspect of industry.
b) Organize, plan and deliver member education programs in co-operation with the
Chapters in keeping with the objectives of the Association and the needs of the
Members.
3.4 Governing Council of Association
The Governing Council is upper house of association. It will consist of 7 maximum members. The purpose of this Governing Council is to use the expertise of senior persons of association.
The Governing Council shall:
a) Upon the request of the President, recommend solutions, contacts, goals and priorities;
b) Inform the President of issues important for the Association’s operation and goals, such as threats and opportunities; and
c) may assist the President with senior executive projects on the President’s request.
d) The Council will also work as caretaker of all activities of association.
e) Members of this council will not hold any office/post in association.
f) Members will participate in meetings of executive as special invitees. But they will participate on invitation only.
g) Executive will nominate members of this council and they will hold membership for tenure of 6 years. Member of council will go for election as executive neither during their membership nor thereafter.
Role of Governing Council:This Council would take care of Executive Body’s working as per written constitution and by-laws. If President will not follow the rules of Association governing council shall have power to issue show cause notice to President and ask for explanation and they can direct President to rectify their activities.
3.5 Special Committees
The Board may from time to time appoint any Special Committee or Committees, as it deems necessary or appropriate for such purposes and with such powers as the
Board shall see fit. The chairperson of each Committee shall be a Executive but the other members of a Committee who shall be appointed by the Chairperson of the
Committee with the approval of the Board may, but need not, be Executives. Any such Committee may formulate its own rules of procedure, subject to such regulations or directions as the Board may from time to time make. Any Committee member may be removed by a resolution of the Board, which is passed by a majority of the Executives. The Board may fix any remuneration for Committee members who are not also Executives of the Association.
SECTION 4 - MEETINGS OF EXECTIVES
4.1 Place of Meeting
Meetings of the Board may be held at any place where all members decide with majority.
4.2 Notice
The President or General Secretary may convene a meeting of Executives at any time provided that there shall be at least eight (8) meetings of the Board per fiscal year.
The General Secretary shall convene a meeting of Executives. Notice of any such meeting shall be served by email or through other media available.
4.3 Regular Meetings
The Board may appoint a day or days in any month or months for regular meetings of the Board at a place or hour to be named by the Board and a copy of any resolution of the Board fixing the place and time of regular meetings of the Board shall be sent to each Executive forthwith after being passed, but no other notice shall be required for any such regular meetings.
4.5 Voting
Any decision on any issue in Executive shall be decided by majority of votes of present executives, by participation through phone calls, video calls & other media.
4.6 Modes of Participation
If all the Executives of the Association consent thereto in advance, generally or in respect of a particular meeting, and all Executives have equal access, a meeting of
Executives may be held by means of such telephone, electronic or other communication facilities as permit all persons participating in the meeting to hear simultaneously, and a Executive participating in such meeting by such means is deemed to be present at that meeting. The chair of the meeting shall ensure that each particular meeting is handled in a secure fashion.
4.7 Minutes of Meetings
The minutes of the Board of Executives shall not be available to the general membership of the Association but shall be available to the Board of Executives, each of whom shall receive a copy of such minutes.
SECTION 5 – OFFICE BEARER
5.1 Election of Office Bearer
(1) The Board shall annually or more often as may be required, elect a President, Sr Vice-President, Vice Presidents, General Secretary, Secretaries and a Treasurer (the “Office Bearer”) from among themselves within executives only.
5.1 (a)- ELECTION OF EXECUTIVES
(2) The Election Committee would conduct election on behalf of Association. Election Committee will receive BALLOT Papers and will announce the result of elected Executive members by Registered members of Association. The Election committee has full right scrutinize, accept/reject the Ballot Paper, if they are not according to the requirement of constitution. Election of Executive members will be held by e-Ballot only.
5.2 Electronic Ballots
Registered Members shall be entitled to vote by electronic ballots
The Board may by resolution permit and count the results of an electronic poll of the Registered Members for special matters in the event that a special general Members’ meeting cannot be held or is not feasible to be held.
5.3 Qualifications
(1) The President/ General Secretary of the Association shall have a minimum of two (2) years of experience on the Board or member of working committee.
(2) Any Office bearer shall not previously have convicted in any criminal case in the matter related with our industry.
5.4 Duties of Officers May be delegated
In case of the absence or inability to act of any Officer of the Association or for any other reason that the Board may deem sufficient, the Board may delegate all or any of the powers of any such officer to any other officer for the time being.
5.5 Powers and Duties
All Officers shall, if so authorized, sign such contracts, documents or instruments in writing as require their respective signatures and shall respectively have and perform all powers and duties incident to their respective offices and such other powers and duties respectively as may from time to time be assigned to them by the
Board. The duties of the Officers shall include:
a) President. The President, when present, shall preside at all meetings of the Board and the members. The President may veto decisions of the Board, which may be overcome by a majority vote of the Board. The President shall be charged with the presentation of the Association and the supervision of its affairs and operations.
b) The President shall be an ex officio member of all committees of the Association and Member and Chair of the Executive Committee. The President shall ensure that all orders and resolutions of the Board of Executives are carried into effect, and that each Executive performs his or her duties as per designated portfolio. The President, immediately after the President’s election to such office, together with the Board of Executives shall establish the objectives and strategies the Association and generate for each fiscal year an annual detailed operational plan including a budget. The President shall ensure proper financial and administrative controls for the deliverance of the operational plan of the Association. The President shall select and supervise any employee of the Association approved by the Board of Executives.
b) Vice-President. The Vice-President shall be vested with all the powers and shall perform all the duties of the President in the absence or inability or refusal to act of the President and shall perform such other duties as may from time to time be assigned to him or her by the Board. The Vice-President shall assist the President in all his duties. The Vice-President shall serve on the Executive Committee.
c) General Secretary. The Secretary shall give or cause to be given notices for all meetings of the Board or committees of Executives, if any, and Members when directed to do so and have charge of the corporate seal of the Association, the minute books of the Association and of the documents and registers of the
Association including, without limitation, the register of past and present Members of the Association and the registers of past and present Executives and Officers of the Association and shall perform such other duties as may from time to time be assigned to him or her by the Board. The Secretary shall serve on the Executive Committee.
d) Treasurer. The Treasurer shall recommend a budget to the Board as part of an annual operational plan for the Association, and shall be responsible for the efficient management of the financial resources of the Association. As such, the Treasurer shall, in each quarter, report to the Board the financial statements and controlling results. The Treasurer shall assist in the creation of annual audited financial reports.
The Treasurer shall keep or shall caused to be kept an accurate account of all receipts and disbursements of the Association and proper books of account, and shall deposit or shall cause to be deposited all moneys or other valuable effects in the name and to the credit of the Association in such bank or banks as may be designated from time to time by the Board. The Treasurer shall disburse or cause to be disbursed the funds of the Association under the direction of the Board, receive proper vouchers thereof and render them to the Board at its regular meetings or whenever required, an account of all of his or her transactions as Treasurer, and of the financial position of the Association and shall perform such other duties as may from time to time be assigned to him or her by the Board.
SECTION 6 – MEMBERSHIP
6.1 Members
Membership in the Association shall be available only to individuals interested in furthering the Association's purposes and who have applied for and been accepted into membership in the Association by resolution of the Board or in such other manner as may be determined by the Board. Each Member shall be entitled to receive notice of and attend all meetings of the Members of the Association.
6.2 Qualifications:
(a) To become a Member of the Association, following condition must be fulfilled:
1) Company/Member – Approved by Government or has applied for the same.
2) Company/Member- Has to submit TWO reference from Present members and ONE reference from representing institution.
3) Company/Member- Statutory Declaration – abide by code of ethics and other of provision of constitution.
4) One year Track Record of Same Business (Bank Statement, Company Registration etc)
b) Apply to the Membership Committee for such membership in the form and manner as the Committee may from time to time determine by policy;
b) Undertake to uphold and be governed by the purposes of the Association and to otherwise comply with these By-laws and all rules and provisions of the Association;
and
c) Pay the applicable fee, as set by the Association.
6.3 Rights and Obligations
All Members of the Association shall have the right to receive notice of and attend all meetings of the Members of the Association but only Registered Members shall have the right to vote at such meetings. In addition, only Registered Members are entitled to be elected to the Board.
Members shall have such additional rights as are determined from time to time by the Board. Members of the Association shall adhere to the Code of Conduct and Ethics of the Association established by the Executives by resolution to govern, among other things, the professional conduct of the Members of the Association, as may be amended by the Executives at their discretion from time to time. A copy of the Code of Conduct and Ethics shall be given to each Member of the Association at the time of initial registration or made available to Members other Associations’ website.
6.4 Policies and Procedures
The Board of Executives may establish policies and procedures to enforce the
By-laws, rules, policies, processes and procedures of the Association which may include, without limitation, suspension of membership, termination of membership or other such sanctions that may be set from time to time.
6.5 Discipline of Members
The Board shall have authority to suspend or expel any Member from the
Association for any one or more of the following grounds:
a) Violating any provision of the Articles, By-laws, or policies of the Association;
b) Carrying out any conduct, which may be detrimental to the Association as determined by the Board in its sole discretion;
c) Carrying out any conduct or behavior that may bring discredit to the Association or its Members.
d) For any other reason that the Board in its sole and absolute discretion considers being reasonable, having regard to the purpose of the Association.
In the event that the Board determines that a Member should be expelled or suspended from membership in the Association, the President, or such other Officer as may be designated by the Board, shall provide twenty-eight (28) days notice of suspension or expulsion to the Member and shall provide reasons for the proposed suspension or expulsion. The Member may make written submissions to the
President, or the Board may designate such other Officer as, in response to the notice received within such twenty-eight (28) day period. In the event that the
President receives no written submissions, the President, or such other Officer as may be designated by the Board, may proceed to notify the Member that the
Member is suspended or expelled from membership in the Association. If written submissions are received in accordance with this section, the Board will consider such submissions in arriving at a final decision and shall notify the Member concerning such final decision. The Board’s decision shall be final and binding on the Member, without any further right of appeal.
6.6 Resignation
Any Member may withdraw from the Association by delivering to the Association a written resignation and lodging a copy of it with the Secretary of the Association. A resignation shall be effective from acceptance thereof by the Board. In the case of resignation, a Member shall remain liable for payment of any fees, assessments or other sum levied or which became payable by the Member to the Association prior to the effective date of his or her resignation. A resignation does not terminate any disciplinary procedures.
6.7 Termination of Membership
The interest of a Member in the Association is not transferable and lapses and ceases to exist:
a) Upon the death of the Member;
b) When the Member ceases to be a Member by resignation in accordance with the
By-laws;
c) If the Member fails to pay membership dues, fees or assessments, as applicable, within thirty (30) days of the due date of same, provided that if the Member pays such dues, fees or assessments, as applicable, within ninety (90) days of the due date of same together with an administration charge as set by the Board from time to time, he or she shall be reinstated as a Member;
d) If resolutions are passed to remove the Member by majority of present
Executives of the Association at a meeting called for that purpose; or
e) If a committee established for the purpose of dispute resolution and/or the administration of the Code of Conduct and Ethics so determines, provided that the
Member shall have the right to appeal such determination to the Board.
6.8 Membership Dues
The Board may from time to time fix and determine the amount and time for payment of dues, fees or assessments payable by Members. Those Members who have paid their dues, fees and assessments, if any, shall be considered Members in
Good Standing. Members shall be notified in writing of the membership fees, dues or assessments at any time payable by them. Upon approval of membership application, a Member shall pay the prorated annual dues applicable to the year of admission within ten (10) days of admission.
SECTION 7 - MEMBERS’ MEETING
7.1 Annual General Meetings
(1) At every Annual General Meeting, in addition to any other business that may be transacted, the reports of the Committees, the financial statements and the report of the auditors shall be presented, and auditors shall be appointed for the ensuing year. Outstanding Member performances for the Association will be presented and awarded. The Members may consider and transact any business, either special or general, at any meeting of Members.
(2) Notice of the time and place of a meeting of Members shall be given to each Member entitled to vote at the meeting and each Executive and the auditor of the Association by the following means:
a) By mail, courier or personal delivery to each Member entitled to vote at the meeting, during a period of 11 to 30 days before the day on which the meeting is to be held; or
b) By telephonic, electronic or other communication facility to each Member entitled to vote at the meeting, during a period of 11 to 30 days before the day on which the meeting is to be held.
7.2 Proceedings at Annual General Meetings
(1) A quorum at an Annual General Meeting shall be twenty (20) Members present or attending by phone or electronically or represented by proxy;
(2) No business, other than the adjournment or termination of the meeting, may be conducted at an Annual General Meeting at a time when a quorum is not present;
(3) If at any time during an Annual General Meeting there ceases to be a quorum present, business then in progress shall be suspended until there is a quorum present;
(4) If within 30 minutes from the time appointed for the commencement of a general meeting or from any time during an Annual General Meeting when a quorum is not present, the meeting must be adjourned;
(5) In the absence of both the President and the Executive of the Board, an acting chair for an Annual General Meeting must be elected by a majority vote of the Members present;
(6) An Annual General Meeting may be adjourned from time to time and from place to place, but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place;
(7) When an Annual General Meeting is adjourned in accordance with subsection (4) or by motion, notice of the rescheduled meeting must be sent out at least ten (10) days prior to the rescheduled meeting.
7.3 Chairperson of the Meeting and Secretary
In the event that the President is absent and there is no Vice-President present, the persons who are present and entitled to vote shall choose another Executive as chairperson of the meeting. If the Secretary is absent, the chair of the meeting shall appoint someone, who need not be a Member, to act as secretary of the meeting.
SECTION 8 – DISPUTE RESOLUTION
8.1 Mediation and Arbitration
Disputes or controversies among Members, Executives, Officer Bearers, Committee members, or volunteers of the Association are as much as possible to be resolved in accordance with mediation.
8.2 Dispute Resolution Mechanism
In the event that a dispute or controversy among Members, Executives, Officers, Committee members or volunteers of the Association arising out of or related to the Profession, or out of any aspect of the operations of the Association is not resolved in private meetings between the parties, then without prejudice to or in any other way derogating from the rights of the Members, Executives, Officers, committee members, employees or volunteers of the Association, such dispute or controversy shall be settled by a process of dispute resolution as follows:
a) The dispute or controversy shall first be submitted to a panel of three members Dispute resolution committee. The three mediators will then meet with the parties in question in an attempt to mediate a resolution between the parties.
b) All proceedings relating to arbitration shall be kept confidential and there shall be no disclosure of any kind. The decision of the arbitrator shall be final and binding and shall not be subject to appeal on a question of fact, law or mixed fact and law.
c) All costs of the mediators appointed in accordance with this section shall be borne equally by the parties to the dispute or the controversy. All costs of the arbitrators appointed in accordance with this section shall be borne by such parties as may be determined by the arbitrators.
Section 9 AMENDMENT CLAUSES
9.1 Amendment of Constitution
Constitution/ By-Laws can be amended by full majority in Executive but must be presented in very next meeting of AGM.
