1.0 CONSTITUTION
1.1 The Association was incorporated at Piraeus.
1.2 The name of the Association is Greek Indian Cultural Association
Incorporated.
2.0 INTERPRETATION
2.1 In these Rules, unless such meanings are excluded by the context, the
following terms shall have the following meanings:
"Association" means The Greek Indian Cultural Association Incorporated
"Branch" means an organization that is affiliated to the Association; allows
persons of Indian (as defined below) origin to become members, is an
incorporated body under the Act and operates within an area either specified
or agreed by the Association, and has voting rights
"Executive Committee" means the Executive Committee referred to in Rule 10.1
"Member" means a member of a Branch who is deemed to be a Member of the
Association pursuant to Rule 5.3(c) hereof
"Associate Member" means an Associate Member admitted pursuant to Rule 5.4
hereof
"Indian" means a person domiciled in Greece or in other European countries
descended from the inhabitants of the region now known as the Republic of
India and includes a quarter caste and a person intermediate in blood
between quarter castes and persons of pure descent and also the spouse of
such a person
"Registrar" means the Registrar under the Act.
3.0 OBJECTS
3.1 The primary objects of the Association are:
a) To conserve, promote and advance generally the interests and welfare and
status of Indians resident in Greece.
(b) To join in, concur in, promote and assist measures for the protection
and the advancement of Indians in Greece.
(c) To provide a link between the Indian community in Greece and throughout
the world so that information on matters of common interest may be exchanged
and fraternal feelings fostered.
(d) To promote or oppose bills, legislation or other measures or bylaws
affecting the interests of the Indian community.
(e) To preserve and foster the Indian culture, to promote the advancement of
education and generally to render charitable and benevolent assistance to
any and all Indians in Greece as herein defined who may in the opinion of
the Association be in need of or be benefited by such assistance and further
to render such charitable or benevolent assistance to any organization or
body as the Association may think fit.
(f) To promote youth and women involvement at Branch level and to encourage
and organize forums for their participation at regional and/or National
conferences.
(g) To administer the affairs of any dormant or defunct Branch and stand
possessed of any funds or property of such dormant or defunct Branch until
such time as such Branch is re-established and in such case shall hand over
any funds and property so held to such Branch.
(h) To do all things as are incidental or conducive to the attainment of the
above objects.
3.2 without detracting from the primary objects, the secondary objects of
the Association are to:
(a) Establish codes of behavior applicable to Members, and
(b) Make regulations or bylaws to advance the attainment of any of the above
objects.
4.0 POWERS
4.1 In addition to its statutory powers, the Association:
(a) May use such of its funds to pay the costs and expenses of furthering or
carrying out its objects, and for that purpose may employ such people as may
seem expedient,
(b) May purchase, lease, hire or otherwise acquire, may exchange, and may
sell, lease or otherwise dispose of property, rights or privileges to
further or carry out its objects as may seem expedient,
(c) May invest in any investment in which a trustee might invest, and
(d) Shall have power to borrow or raise money by debenture, bonds, mortgage
and other means with or without security, but such borrowing powers shall
not be exercised other than by resolution of a General Meeting of which
proposed resolution at least ten clear days' written notice was given by
circulation to all Branches.
4.2 notwithstanding any other provision, the Association shall not expend
any money:
(a) Other than to further purposes recognized by law, nor
(b) For the sole personal or individual benefit of any Member.
4.3 Any transactions between the Association and any Branch, Member, officer
or member of the Executive Committee, or any associated persons shall be at
arms' length and in accordance with prevailing commercial terms on which the
Association would deal with third parties not associated with the
Association, and any payments made in respect of such transactions shall be
limited to:
(a) A fair and reasonable reward for services performed,
(b) Reimbursement of expenses properly incurred,
(c) Usual professional, business or trade charges, and
(d) Interest at no more than current commercial rates.
5.0 BRANCHES AND MEMBERSHIP
5.1 Branches as Members of the Association
(A) Any application from an organization for affiliation to the Association
shall be made as follows:
(i) The application is to be received by the General Secretary at least six
months before the AGM of the Association. Any such application shall be
considered and approved by the Executive committee by a two-thirds majority.
(ii) The Executive committee shall consult with the existing Branches that
adjoin the area served by the new organization before deciding if the
application should proceed.
(iii) The Executive may recommend an application subject to approval by the
Executive by a two-thirds majority of votes cast to the next AGM of the
Association.
(iv) All applications are to be approved by a two-thirds majority of the
votes cast at the next AGM of the Association. Only the Foundation Branch
delegates and officers of the Association shall be entitled to vote.
(c) After considering the opinions of those Branches whose areas include or
adjoin an area where a new Branch is proposed, the Association shall have
the power to assist in the establishment of new Branches in such places as
the Executive Committee may from time to time determine, and for those
purposes the Executive Committee may expend such funds as it thinks fit to
promote such establishment.
5.2 Members of Branches as Members of Association
(a) Membership of Branches shall be open to all Indians domiciled in Greece
of or over the age of eighteen years and who are of good repute.
(b) The members of the Branches, by virtue of such Branch membership, shall
automatically be Members of the Association.
(c) Any member of a Branch may resign from membership of the Members' Branch
and the Association by written notice to the Branch Secretary, and each such
resignation shall take effect from the end of the Association's then current
financial year.
(d) A Branch Committee may declare that a member is no longer a member (from
the date of that declaration or such date as may be specified) if that
member ceases to be qualified to be a member or is convicted of any
indictable offence or offence for which a convicted person may be
imprisoned. The Branch Secretary shall forthwith notify the General
Secretary of any such declaration.
(e) Any complaint about any Member in relation to conduct alleged to be
contrary to these Rules or inimical to the objects or interests of the
Association, whether from another Member or any other person, shall be
lodged in writing with the Branch Secretary, and the procedures set out
below shall be observed:
(i) The Branch Committee shall have the following discretions:
(A) If the nature of the complaint indicates that the subject matter should
be dealt with by any Court or tribunal, the Branch Committee may decline to
investigate or deal with the complaint until any such body has dealt with
the issues which are the subject of the complaint. If the decision of any
such body:
Effectively disposes of the complaint, the Branch Committee may decide to
take no further action, or may on the basis of that decision without further
investigation take such action as it deems appropriate, with or without
calling on the complainant or Member to provide further information or to
make submissions, or
Does not effectively dispose of the complaint, the Branch Committee may
decide to undertake such further investigations as it thinks fit, and then
follow the procedures set out in paragraph (ii)(D) to (G) of this rule.
(B) The Branch Committee may decline to investigate or consider the
complaint if the nature of the complaint indicates that the subject matter
is petty, frivolous, or inconsequential.
(C) The Branch Committee may decline to investigate or consider the
complaint if, during enquiries being made by or on behalf of the Branch
Committee, in the opinion of the Branch Committee that it is not appropriate
further to investigate or consider the complaint.
(D) If the investigation or consideration of the complaint is likely to
require extensive enquiries, a considerable time input, or advice to the
Branch Committee from professional advisers, the Branch Committee may at any
time:
Decline further to investigate or consider the complaint, or
Require the complainant to deposit with the Branch such sum as the Branch
Committee thinks fit to reimburse the Branch wholly or partly for the costs
of those making the enquiries or considering the complaint and/or the
Branch's professional adviser's fees before further investigating or
considering the complaint.
(ii) The following procedures shall be observed when a complaint is
investigated and considered by a Branch:
(A) The Member shall be given a copy of the complaint,
(B) The Member shall have the opportunity to provide a detailed written
response to the complaint to the Branch Committee within not less than two
weeks after receiving a copy of the complaint, and such response shall be
copied to the complainant,
(C) Further enquiries may be made by or on behalf of the Branch Committee,
and the results of those enquiries shall be made known to the complainant
and the Member,
(D) The Branch Committee shall allow the complainant and the Member the
opportunity to be heard by the Branch Committee or any special committee
established by it for the purpose of hearing and deciding upon the complaint
(and no person who has any direct or indirect interest in the complaint or
who is in any way biased shall hear and determine the complaint),
(E) The Branch Committee or any special committee hearing and deciding upon
any complaint may:
Dismiss the complaint, or
Uphold the complaint and:
Reprimand or admonish the Member,
Suspend the Member from membership for a specified period,
Expel the Member.
(F) The Branch Committee or any special committee hearing and deciding upon
any complaint shall respect the confidentiality of the proceedings, and
(G) The decision and any reasons which may be given (without any obligation
to give such reasons) for that decision shall be conveyed to the complainant
and the Member in writing, shall be forwarded to the Association, and may at
the discretion of the Branch Committee or any special committee hearing and
deciding upon the complaint be conveyed to Members.
(iii) The decisions of the Branch Committee or any special committee hearing
and deciding upon any complaint under this Rule shall be final and binding
on the complainant and the Member complained against, and shall not be
subject to any review or challenge. The Member may appeal to the Association
as provided by Rule 7.2(ii).
(f) Termination of a Member's membership of a Branch under this Rule, shall
automatically terminate that Member's membership of the Association, and.
the Branch secretary shall forthwith notify the General Secretary of any
such termination.
(g) A member who resigns or has membership terminated under this Rule during
any financial year shall remain liable to pay all Association and Branch
subscriptions, levies and any other fees to the end of that year, and shall
cease to hold himself or herself out as a member of the Association and
Branch, and shall return to the Association and Branch all material produced
by the Association and Branch (including any Membership certificate and
other materials).
5.3 Associate Members
(a) The Executive Committee or any sub-committee given delegated powers for
that purpose may admit as a Probationary Associate Member any incorporated
Society which fulfils the following criteria:
(i) Has been in existence for at least 3 to 5 years,
(ii) Has rules consistent with the aims and objects of the Association,
(iii) Has a credible membership,
(iv) Has a credible level of activity,
(v) Has published Annual Reports and Audited accounts,
(vi) Represents a distinct cultural identity from India, and
(vii) More secular than purely religious in its outlook.
(b) Such a Probationary Associate Member shall have the following privileges
so long as it remains a Probationary Associate Member:
(i) To have its members participate in the activities of the Association,
(ii) To have no more than one observer attend meetings of the Executive
Committee, and
(iii) To have no more than two observers attend the Association's Annual
General Meeting.
(c) After a period of not less than twelve months as a Probationary
Associate Member the Association may admit a Probationary Associate Member
to join as an "Associate Member" by a resolution passed by a two-thirds
majority at a General Meeting of the Association.
(d) Such an Associate Member shall have the following rights as an Associate
Member:
(i) To have its members participate in the activities of the Association,
(ii) To have no more than one speaking and voting delegate attend meetings
of the Executive Committee as an Executive Committee member, and
(iii) To have no more than two speaking and voting delegates attend the
Association's Annual General Meeting.
5.4 Life Members
(a) The Association may confer life membership upon any Member in
recognition of his/her outstanding services to the Indian Community and the
Association, but such member shall be nominated by one of the following:
1. An affiliated Branch Association six months prior to the AGM of the
Association, have the two-thirds approval of the Executive Committee of the
Association;
2. By the Executive Committee of the Association and such nomination to be
considered at the next meeting of the Association's Executive Committee and
have two-third approval of the Executive Committee;
3. By an AGM of the Association and such a nomination to be considered at
the next meeting of the Association;
And be elected at a General Meeting of delegates to the Association,
provided that there shall be no more than twenty (20) Life Memberships of
the Association in existence at any one time.
(b) The election shall be by ballot at which the nominee must at least
receive two-thirds of the votes cast.
(c) Life membership shall only be considered for special service rendered.
(d) Life Members shall be entitled to the same rights and privileges as the
delegates at a General Meeting of the Association, but at an Executive
Committee meeting they are entitled to take part in deliberation without
voting right.
(e) Branches may confer life membership upon any of their members for
outstanding services rendered to their Association. Such life membership
must be reported to this Association for recording in the Annual Report of
the Association.
(f) The Association shall provide each life member with a suitable
medallion.
5.5 Honorary Members
An Honorary Member is a person honored for services to the Association or in
an associated field elected as an Honorary Member by resolution of a General
Meeting passed by a two-thirds majority of those present and voting. An
Honorary Member shall have no membership rights, privileges or duties in the
Association or any Branch.
5.6 All Members, Officers and Executive Committee members shall promote the
interests and the objects of the Association and shall do nothing to bring
the Association into disrepute.
5.7 Copies of these Rules shall be available at all reasonable times for
inspection by Branches and Members, and copies shall be provided (at cost)
to any Branch or Member on request.
6.0 SUBSCRIPTIONS AND LEVIES
6.1 Every Member shall pay to that Member's Branch such annual subscription
as may be set by resolution of a General Meeting of the Branch from time to
time, but such subscription shall not be fixed at any amount less than the
annual affiliation fee payable by the Branch to the Association in respect
of each Member.
6.2 The Executive Committee may by resolution impose a levy on Branches in
proportion to the number of Members of the Branches in any calendar year.
6.3 Where any Branch's remittances of affiliation fees or levies are not
paid despite demand by 31 December in any year it shall be deemed to be
unfinancial and its Delegates shall not be entitled to take part in any
proceedings or exercise any voting rights at any General Meetings.
6.4 If such arrears are not paid by the end of the financial year in which
the subscription or levy became due or such later date as the Executive
Committee may determine the Branch and its members shall be deemed to have
ceased to have any rights in respect of the Association and the Association
shall determine what further action be taken at an Annual General Meeting or
Special General Meeting of the Association.
7.0. RELATIONSHIP BETWEEN THE ASSOCIATION AND BRANCHES
7.1 Every Branch, Member and Officer shall at all times comply with the
provisions of these Rules.
7.2 Each Branch shall at all times comply with the following obligations:
(a) Each Branch shall be and remain affiliated to the Association.
(b) Each Branch's Constitution shall be deemed to include the following
provisions:
People who dare to dream. Indians and India have a
story to tell.
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