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CONSTITUTION

 

ARTICLE I: NAME

The Association shall be called: 

World Thamil Creative Writers Association (WTCWA)

ARTICLE II: OBJECTIVES 

The objectives of the Association shall be:

1. To foster the study of Thamil language and literature.

2. To promote Thamil arts and culture.

3. To disseminate knowledge regarding science and technology.

4. To provide a forum for the critical study and teaching of works of Sankam poets.

5. To publish a journal dedicated to promote Thamil writers and scholars.

6. To promote an awareness of the global presence of Thamil people;

7. To support multi-cultural activities connected with the Thamil people.

8. To foster a climate of global friendship and co-operation between all Thamil writers and poets.

9. To establish a network of writers, scholars, artists, and cultural workers at global level.

10. To award scholarship to encourage the study of Thamil language and literature worldwide.

11.To publish works of Thamil writers and poets.

12. To improve the quality and practice of Thamil journalism.

13. To fight all forms of social evils, inequality, superstitions, discrimination based on gender and take the Thamil society to meet the social, political and economic challenges of the 21st century and beyond.  

ARTICLE 111: RULES OF THE ASSOCIATION
PART I - PRELIMINARY
Interpretation

1. In these rules, except in so far as the context or subject-matter otherwise indicates or requires - 

“Ordinary Member” means a member of the association pursuant to rule 2;

“Secretary” means –

(a) The person holding office under these rules as secretary of the association; or

(b) Where no such person holds that office - the public officer of the association; 

“Special general meeting” means a general meeting of the association other than an annual general meeting;

(2) In these rules –

(a) A reference to a function includes a reference to a power, authority and duty; and

(b) A reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. 

PART II - MEMBERSHIP
Membership qualifications

2. A person is qualified to be a member of the association if, but only if 

(a) The person is a person whose application for membership has been approved by the Executive Board.

(b) The person is not in arrears of membership for a period over one year. , and

(c) In the case of an Ordinary Member - 

(i) Any person who is a writer, journalist or editor in the media, including professional publications, shall be eligible for membership.

(ii) The person shall adhere to the Code of Ethics as amended by the association (Appendix 3). 

Nomination for Membership

3. (1) An application of a person for membership of the association -

(a) Shall be made in writing in the form set out in Appendix 1 to these rules; and

(b) Shall be lodged with the secretary of the association. 

(2) As soon as practicable after receiving an application for membership, the secretary shall refer the application to the committee which shall determine whether to approve or to reject the application.

(3) Where the committee determines to approve an application for membership, the secretary shall, as soon as practicable after that determination, notify the applicant of that approval and request the applicant to pay within the period of 28 days after receipt by the applicant of the notification the sum payable under these rules by a member as entrance fee and annual subscription.

(4) Where the committee determines to reject an application for membership, the secretary shall, as soon as practicable after that determination, notify the applicant of that refusal, including the reasons for such refusal and refund any monies paid by the applicant at that time.

(5) The secretary shall, on payment by the applicant of the amounts referred to in clause (3) within the period referred to in that clause, enter the applicant’s name in the register of members and, upon the name being so entered, the applicant becomes a member of the association. 

Cessation of membership

4. A person ceases to be a member of the association if the person - 

(a) Dies;

(b) Resigns that membership; or

(c) Is expelled from the association. 

Membership entitlements not transferable

5. A right, privilege or obligation which a person has by reason of being a member of the association - 

(a) Is not capable of being transferred or transmitted to another person; and

(b) Terminates upon cessation of the person’s membership. 

Resignation of membership

6. (1) A member of the association is not entitled to resign that membership except in accordance with this rule. 

(2) A member of the association who has paid all amounts payable by the member to the association in respect of the member’s membership may resign from membership of the association by first giving notice (being not less than 1 month or not less than such other period as the committee may determine) in writing to the secretary of the member’s intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.

(3) Where a member of the association ceases to be a member pursuant to clause (2), and in every other case where a member ceases to hold membership, the secretary shall make an appropriate entry in the register of members recording the date on which the member ceased to be a member. 

Register of members

7. (1) The Secretary of the association shall establish and maintain a register of members of the association specifying the name and address of each person who is a member of the association together with the date on which the person became a member. 

(2) The register of members shall be kept at the principal place of administration of the association and shall be open for inspection, free of charge, by any member of the association at any reasonable hour. 

Fees, subscriptions, etc

8. (1) A member of the association shall, upon admission to membership, shall pay an annual membership fee to the association a fee of $50 or, where some other amount is determined by the committee, of that other amount. 

(2) In addition to any amount payable by the member under clause (1), an Ordinary Member of the association shall pay to the association any additional amount as determined by the committee.

Members’ liabilities

9. The liability of a member of the association to contribute towards the payment of the debts and liabilities of the association or the costs, charges and expenses of the winding up of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by rule 8. 

Disciplining of members

10. (1) Where the committee is of the opinion that a member of the association - 

  1. Has persistently refused or neglected to comply with a provision or provisions of these rules; or
  2. Has persistently and wilfully acted in a manner prejudicial to the interests of the association,

The committee may, by resolution -

(c) Expel the member from the association; or

(d) Suspend the member from membership of the association for a specified period.  

(2) A resolution of the committee under clause (1) is of no effect unless a general meeting confirms the expulsion in accordance with this rule: 

(1) Where the committee passes a resolution under clause (1), the secretary shall, as soon as practicable, cause a notice in writing to be served on the member - 

  1. Setting out the resolution of the committee and the grounds on which it is based; 

    until the expiration of the period within which the member is entitled to appeal against the resolution where the member does not exercise the right of appeal within that period; or
  2. Where within that period the member exercises the right of appeal, unless and until the association confirms the resolution pursuant to rule 11(4).
PART III - THE COMMITTEE
Powers, etc., of the committee

12. The committee shall be called the committee of management of the association and, subject to the Act, the Regulations and these rules and to any resolution passed by the association in general meeting - 

(a) Shall control and manage the affairs of the association;

(b) May exercise all such functions as may be exercised by the association other than those functions that are required by these rules to be exercised by a general meeting of members of the association; and

(c) Has power to perform all such acts and do all such things as appear to the committee to be necessary or desirable for the proper management of the affairs of the association. 

PART IV - GENERAL MEETINGS
Annual general meetings - holding of

22. (1) With the exception of the first annual general meeting of the association, the association shall, at least once in each calendar year and within the period of 6 months after the expiration of each financial year of the association, convene an annual general meeting of its members. 

(2) The association shall hold its first annual general meeting - 

(a) Within the period of 18 months after its incorporation under the Act; and

(b) Within the period of 2 months after the expiration of the first financial year of the association. 

(3) Clauses (1) and (2) have effect subject to any extension or permission granted by the commission under section 26(3) of the Act.

Annual general meetings - calling of and business at

23. (1) The annual general meeting of the association shall, subject to the Act and to rule 22, be convened on such date and at such place and time as the committee thinks fit. 

(2) In addition to any other business which may be transacted at an annual general meeting, the business of an annual general meeting shall be -

(a) To confirm the minutes of the last preceding annual general meeting and of any special general meeting held since the meeting;

(b) To receive from the committee reports upon the activities of the association during the last preceding financial year;

(c) To elect office-bearers of the association and Ordinary and Affiliate Members of the committee; and

(d) To receive and consider the statement which is required to be submitted to members pursuant to section 26(6) of the Act.

    (3) An annual general meeting shall be specified as such in the notice convening it. 

Special general meetings - calling of

24. (1) The committee may, whenever it thinks fit, convene a special general meeting of the

Association.

    (2) The committee shall, on the requisitioning of not les than 25 per cent of the total number of members (not including Affiliate Members), convene a special general meeting of the association.  

(3) A requisition of members for a special general meeting - 

(a) Shall state the purpose or purposes of the meeting;

(b) Shall be signed by the members making the requisitions;

(c) Shall be lodged with the secretary; and

(d) May consist of several documents in a similar form, each signed by one or more of the members making the requisition.

(4) If the committee fails to convene a special general meeting to be held within 1 month after the date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special general meeting to be held not later than 3 months after that date. 

  1. A special general meeting convened by a member or members as referred to in clause (4) shall be convened, as nearly as is practicable in the same manner as general meetings are convened by the committee and any member who thereby incurs expense is entitled to be reimbursed by the association for any expense so incurred.

    Notice 

25. (1) Except where the nature of the business proposed to be dealt with at a general meeting

Requires a special resolution of the association, the secretary shall, at least 14 days before the date fixed for the holding of the general meeting, cause to be sent by pre-paid post to each member at the member’s address appearing in the register of members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.

(2) Where the nature of the business proposed to be dealt with at the general meeting requires a special resolution of the association, the secretary shall, at least 21 days before the date fixed for the holding of the general meeting, cause notice to be sent to each member in the manner provided in clause (1) specifying, in addition to the matter required under clause (1), the intention to propose the resolution as a special resolution.

(3) No business other than that specified in the notice convening a general meeting shall be transacted at the meeting in the case of an annual general meeting, and business which can be transacted pursuant to rule 23(2).

(4) A member desiring to bring any business before a general meeting may give notice in writing of that business to the secretary who shall include that business in the next notice calling a general meeting given after receipt of the notice from the member.

Procedure

26. (1) No item of business shall be transacted at a general meeting unless a quorum of members entitled under these rules to vote is present during the time the meeting is considering that item.

(2) Five members, present in person (being members entitled under these rules to vote at a general meeting), constitute a quorum for the transaction of the business of a general meeting.

(3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to the same day in the following week at the time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting communicated by written notice to members given before the day to which the meeting is adjourned) at the same place.

(4) If at the adjourned meeting a quorum is not present within half an hour after the time appointed for the committee of the meeting, the members present (not being Affiliate Members) being not less than 3) shall constitute a quorum.

Presiding member

27. (1) The president or, in the president’s absence, the vice-president, shall preside as chairperson at each general meeting of the association.

    (2) ) The president and the vice-president are absent from a general meeting or unwilling to act, the members present shall elect one of their number to preside as chairperson at the meeting.

Adjournment

28. (1) The chairperson of a general meeting at which a quorum is present may, with the consent of the majority of members present and entitled to vote at the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

  1. Where a general meeting is adjourned for 14 days or more, the secretary shall give written or oral notice of the adjourned meeting to each member of the association stating the place, date and time of meeting and the nature of the business to be transacted at the meeting.
  2. Except as provided in clauses (1) and (2), notice of an adjournment of a general meeting or of the business to be transacted at an adjourned meeting is not required to be given.
Making of decisions

29. (1) A question arising at a general meeting of the association shall be determined on a show of hands unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the minute book of the in favour of or against that resolution.

less than 3 members present in person or by proxy at the meeting.

(3) Where a poll is demanded at a general meeting, the poll shall be taken - 

(a) Immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment; or

(b) In any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter.

Special Reso1ution

30. A resolution of the association is a special resolution if - 

    (a) The association as, being entitled under these rules so to do, vote in

    Person or by proxy at a general meeting of which not less than 21 days’ written notice

    specifying the intention to propose the resolution as a special resolution was given in

    accordance with these rules; or

(b) Where it is made to appear to the Commission that it is not possible or practicable for the manner specified by the Commission.

Voting

31. (1) Upon any question arising at a general meeting of the association a member has one vote only, provided always that an Affiliate Member is not entitled to vote.

(2) All votes shall be given personally or by proxy.

(3) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.

(4) A member or proxy is not entitled to vote at any general meeting of the association unless all amount of the annual subscription payable in respect of the then current year. 

Appointment of proxies

32. (1) Each member (not being an Affiliate Member) shall be entitled to appoint another member as proxy by notice given to the secretary no later than 24 hours before the time of the meeting in respect of which the proxy is appointed.

    (2) The notice appointing proxy shall be in the form set out in the Appendix 2 to these rules.

PART V - MISCELLANEOUS

33. (1) The association shall effect and maintain insurance pursuant to section 44 of the Act. 

(2) In addition to the insurance required under the clause (1), the association may effect and maintain other insurance.

Funds - source

34. (1) The funds of the association shall be derived from entrance fees and annual subscriptions of members, donations, proceeds from functions organised by and for the Association and, subject to any resolution passed by the association in general meeting, such - other sources as the committee determines.

(2) All money received by the association shall be deposited as soon as practicable and without deduction to the credit of the association’s bank account.

(3) The association shall, as soon as practicable after receiving any money, issue an appropriate receipt.

Funds - management

35. (1) Subject to any resolution passed by the association in general meeting, the funds of the association shall be used in pursuance of the objects of the association in such manner as the committee determines.

    ( (2) ) All cheques, drafts, bills of exchange, promissory notes, and other negotiable instruments shall be signed by any 2 members of the committee or employees of the association, being members or employees authorized to do so by the committee.

Alteration of objects and rules

36. The statement of objects and these rules may be altered, rescinded or added to only by a

special resolution of the association.

Common Seal

37. (1) The common seal of the association shall be kept in the custody of the public officer. 

(2) The common seal shall not be affixed to any instrument except by the authority of the committee and the affixing of the common seal shall be attested by the signatures either of 2 members of the committee or of 1 member of the committee and of the public officer or secretary.

Custody of books etc

38. Except as otherwise provided by these rules, the public officer shall keep in his or her custody or under his or her control all records, books and other documents relating to the association.

Inspection of books etc.

39. The records, books and other documents of the association shall be open to inspection, free of charge, by a member of the association at any reasonable hour.

Service of notices

40. (1) For the purpose of these rules, a notice may be served by or on behalf of the association upon any member either personally or by sending it by post to the member at the member’s address

shown in the register of members.

( (2) ) Where a document is sent to a person by properly addressing, prepaying and posting to the person addressing, a letter containing the document, shall, unless the contrary is proved, be deemed for the purposes of these rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.

Surplus Property
  1. (1) At the first general meeting of the association, the association shall pass a special resolution regarding the incorporation of the association.