|
|
|
|
Constitution
(agreed 6th June 1993 - amended 29th February 1998)
A. NAME
1. The Organization shall be called the TRADE UNION DISABILITY ALLIANCE or TUDA.
B. OBJECTS
1. The objects for which TUDA is established are
as follows:
• To coordinate the voice of disabled people in the trade union movement.
• To relieve the disability of people with physical, mental, or sensory
impairments and further their independence and full participation in the workplace
and wider community.
C. POWERS
In furtherance of these objects, but not other or
otherwise, TUDA shall enjoy the following powers:
1. To organize and support activities which educate and bring together members
of trade unions and members of disability organizations to further the said
objects.
2. To provide a forum for the free exchange of information, ideas and views,
and to collect and disseminate information with other bodies having a similar
object.
3. To hold, sponsor, arrange, organize or otherwise make facilities available
(with or without charge) conferences, meetings, training sessions, lectures
and talks in furtherance of TUDA’s object and to advertise and purchase
advertising pace to promote the object of TUDA.
4. To carry out programmes designed to promote the active participation of disabled
people through the promoting equality of opportunity and their full integration
into the community.
5. To promote action and education on employment issues with the aim of achieving
opportunities for integrated and equal employment of disabled people.
6. To promote the lawful use of all powers conferred on bodies (whether statutory
or otherwise) for the greater good of disabled people and their active participation
in the community.
7. To employ and retain on a full or part-time basis, and on such terms a to
pay and other conditions of employment as TUDA shall agree all such staff (not
being member of the Executive Council) as may be required for the purposes of
TUDA.
8. To recruit volunteers to assist in the work of TUDA and to establish and
maintain good cooperation with such other organizations as are concerned with
the work of TUDA.
9. To assist in resolving the social issues concerning disabled people by research,
studies, projects, training, education, liaison, representation, and to provide
such other facilities to assist the advancement in life of all disabled people.
10. To print, publish, distribute, or procure to be distributed (with or without
charge) any newsletter, pamphlets, newspaper, periodical, magazine, book, circular,
leaflet, or any other written or spoken work to be broadcast or communicated
through any other media.
11. To permit any part or parts of the property belonging to TUDA to be used
(with or without charge) to further the object of TUDA.
12. To raise funds, invite and receive contributions from any person(s) whatsoever
by way or subscriptions and otherwise provided that TUDA shall not undertake
permanent trading activities in raising funds for its primary objects.
13. To purchase, lease, or otherwise acquire real and personal property and
any rights and privileges which shall be necessary for the promotion of the
objects of TUDA and to maintain construct, alter, convert or demolish any such
buildings a may be necessary for the work of TUDA.
14. To accept gifts which may, or are intended, to further the work of TUDA.
15. To establish, subsidize, promote, co-operate or federate with, affiliate
to, or become affiliated to, act as trustees or agents for or manage, lend to
or otherwise deal with associations, societies, and bodies established for charitable
purposes only.
16. Subject to such consents a may be required by law: to sell, let mortgage,
dispose of, turn to account, and otherwise deal with such property and assets
of TUDA within its objects.
17. To undertake and execute such charitable trusts and commissions as may be
lawfully undertaken by TUDA within its objects.
18. To draw, accept, endorse, issue, or execute promissory notes, bills of exchange,
bills of trading, warrants and all other negotiable, transferable or mercantile
instruments for the purpose of or in connection with the objects of TUDA.
19. To receive loans at interest or otherwise from and to lend money and give
credit to, to take security for such loans or credit and to guarantee and become
or give security for the performance of contracts by any person/company as may
be necessary for the work of TUDA.
20. To make donations to assist financially or otherwise, and to cooperate with
any other charity having objects similar to those of TUDA.
21. Subject to such contracts as required by law, to borrow or raise money in
such amounts as TUDA shall think fit, and when thought desirable, to execute
and issue security of such land, subject to such conditions, for such amount,
and payable in such place or manner and to such person as may be thought necessary
to promote TUDA’s objects, including the power aforesaid (and without
prejudice to its terms) the power to issue as primary or other security, debentures
stock (perpetual or otherwise), mortgage, charges or securities over the whole
or any part of it assets (if any), and such consents (if any) as may for the
time being imposed or required by law and subject also hereinafter provided.
22. To invest and deal with moneys of TUDA not immediately required in such
manner as TUDA may from time to time determine consent (if any) a may for the
time being or required by law and subject also hereinafter provided.
23. To establish, promote, or assist companies and trusts with charitable objects
similar to those of TUDA or to carry on any authorized activity of TUDA or for
any other charitable purpose.
24. To purchase, acquire, or undertake all or any of the property, liabilities
or engagements of charitable associations, society, or bodies with which TUDA
may cooperate, affiliate, or federate.
25. To pay out of TUDA funds, the costs of forming and registering TUDA.
26. To do all such other lawful things and shall further any, or all of TUDA’s
objects.
D. RESTRICTIONS ON POWERS
PROVIDED THAT:
1. In case TUDA shall take or hold any property which shall be subject to any
trust TUDA shall only deal or invest the same having regard to the provisions
of such trusts in a manner as is prescribed by law.
2. TUDA’s objects shall not extend to regulation of workers and employers
or organizations of workers and employers.
3. In case TUDA shall hold any property subject to the jurisdiction of the charity
commissioners for England and Wales, TUDA shall not sell, mortgage, charge or
lease the same without authority, approval or consent as may be required by
law, and as regards to any such property, the executive council and members
of TUDA hall be chargeable for any such property that may come into their hands
and shall be answerable and accountable for their own acts, receipts, neglects
and defaults, and for the due administration of such property.
4. The income and property of TUDA wherever derived, shall be applied solely
towards the proportion of the objects of TUDA and set forth in this memorandum
of constitution of TUDA, and no portion thereof shall be paid or transferred
directly or indirectly, by way or profit to the members of TUDA provided that
nothing herein shall prevent payment in good faith, of reasonable and proper
remuneration to any officer o TUDA staff in return for any services actually
rendered to TUDA, nor prevent the payment of interest at a rate prescribed exceeding
2% per annum, les than base rate prescribed for the time being by TUDA bankers
on money lent, or reasonable and proper rent for premises demised or let by
a member of TUDA.
But no member of the Executive Council shall be appointed to any salaried office
of TUDA, or any office of TUDA paid by fees, and that no remuneration or other
benefit paid in money, or money’s worth shall be given by TUDA to any
member of the executive council except payment of out of pocket expenses and
interest at the rate aforesaid on money lent or reasonable and proper rent for
premises demised or let to TUDA, or of fees, remuneration or other benefits
in money or money’s worth to any company of which a member of the executive
committee may also be a member holding not more than 1/100th part of the capital
of that company.
E. MEMBERSHIP OF CONSTITUENT BODIES:
1. Membership of TUDA shall derive from individual
groups, organizations, association, societies, or bodies, who belong to national
or local trade unions and having like, or similar charitable objects to TUDA.
TUDA may (upon conditions as to payment or registration fees or otherwise as
it may from time to time determine) register the same into membership. Such
registration by TUDA shall confer upon the applicant the status of being a member,
organization, or a member at large (hereinafter known as a member).
2. A member organization hall elect from amongst its membership, two persons
with the direct experience of disability, to represent the interests of that
organization on matters or TUDA business.
3. Members hall have the right and privileges to attend meetings, activities,
or business of TUDA with the condition that direct experience of disability
hall confer where applicable full voting rights where indirect or no experience
of disability shall confer consultative voting rights.
4. The rights and privileges bestowed by membership shall not be transferable.
5. No body or individual shall be admitted into membership of TUDA unless they
are prepared to uphold and assist to the best of their ability in the advancement
of TUDA’s objects.
6. Membership shall cease on the occasion of one or more of the following events:
• Upon written notice being served on the secretary of TUDA stating that
a member organization or a member has the intention to resign.
• Upon the failure of a member failing to pay such membership subscription
fee as TUDA may from time to time prescribe within three (3) months of the same
falling due.
• Upon a member under sub-clause E(1) hereof failing to meet or continue
to meet the terms and conditions imposed under the said sub-clauses.
• Upon the executive council resolving by two thirds majority, that in
the opinion of the executive council, a member has not accepted or ha ceased
to accept the principles upon which TUDA operates, and by so doing that member’
membership shall be relinquished, provided that all members so expelled under
the proceeding sub-clauses D(4) and E(1) hereof, shall have the right to appeal
to a special panel. Such a panel shall consist of no less than three and no
more than five representatives of member organizations belonging to TUDA and
no less than two and no more than four representative of members at large. The
person sitting on the panel must not also represent a member organization or
be a current member of the executive council.
7. The executive council shall cause the following registers to be kept at the
TUDA office:
• A register of Member Organizations
• A register of Members at large
• A register of Executive Council members
• A register of Officers
F. EXECUTIVE COUNCIL:
1. The business of TUDA shall be managed by the executive
council who may pay all expenses incurred in forming and registering TUDA and
may exercise all such of TUDA’s powers except those required to be exercised
by TUDA in general meetings. Subject nevertheless to any regulations not being
inconsistent with the aforesaid regulations or provisions as may be prescribed
by TUDA in general meetings, but no regulation made by TUDA in general meetings
shall invalidate any prior act of the executive council which would have been
valid, save for the regulation being made.
2. National member organizations which have twenty or more individual members
of TUDA shall have the right to elect four representatives onto the executive
committee. This election is to be organized at the sole discretion of the national
organizations; save that all must have direct experience of disability and at
least two of these representative must be women. These executive committee members
will hold office for one year from the time of their election.
All other executive committee members shall be elected at the AGM and hold office
between AGM’s. All full members of TUDA (i.e. those with direct experience
of disability) shall be eligible to stand.
The AGM shall strive to ensure that the executive committee comprises a representative
balance of affiliated organizations, gender, racial origin, and sexuality.
The number of places on the executive committee to be selected at the AGM will
be determined by the outgoing executive committee and notified to members prior
to, or at AGM itself.
The executive committee shall have the power to co-opt up to six further members,
should it be necessary.
3. Only named representatives of member organizations and members at large shall
be eligible to vote having one vote each. All matters requiring votes shall
be determined by a simple majority, subject to at least two third majority required
to amend the constitution or dissolve TUDA.
4. Where a representative of a member organization is not present at a meeting
of the executive council a representative may cast a proxy vote. In the event
of neither representation being present the member organization giving prior
notice to the general secretary shall be able to send a deputy representative.
5. In the event of the representative of the member being unable to attend,
a meeting of the executive council giving prior notice to the general secretary
shall a named deputy be unable to attend.
6. A quorum of the executive council shall be seven voting members, at least
two of whom must be officers.
7. The executive council shall meet at least four times each year including
each Annual General Meeting.
8. The executive council may delegate any of their powers to committees of such
member or members of their body as they think fit to deal with specific issues.
Any committee so formed shall in exercise of the powers so delegated, conform
to any regulation that might be imposed upon it by the executive council including
all matters concerning its composition and function.
9. Executive committee members who have missed three consecutive EC meetings
will be asked for an explanation by the general secretary, and may be required
to resign by the executive committee in the light of their response.
G. TUDA OFFICERS:
1. The officers of TUDA shall be elected at the first meeting of TUDA’s executive committee following the Annual General Meeting. The officers for election shall be two co-chairpersons, up to three deputy chairpersons (at least half of whom should be women), a general secretary, a treasurer and such other functional officers as the executive committee at its absolute discretion shall see fit. The term of office shall be for a year but the outgoing office holder may seek re-election.
H. ANNUAL GENERAL MEETING:
1. In anyone financial year the executive council must hold an annual general meeting. At such a meeting, which will be presided over by the chairperson of TUDA, or in their absence one of the deputy chairpersons, the audited accounts shall be offered for the meetings approval.
I. SPECIAL GENERAL MEETING:
1. A Special General Meeting will be called if requested
by 50, or two thirds (whichever is the lesser) of the members eligible to vote.
It will consider only those items of business for which it was called. At least
14 days notice of such a meeting shall be given to the membership by the secretary
and shall include details of the business of the meeting.
J. THE TREASURER:
1. The treasurer shall be authorized to sign cheques oh behalf of TUDA, together with other such members of the executive council (if any) as TUDA may deem appropriate. The treasurer shall be responsible for keeping good and proper books of account which shall be open to inspection by any officer, executive council member or any member organization or member at large under such terms and conditions as the executive council may from time to time decide.
K. THE AUDIT:
1. In any one year there shall be an audit of the TUDA accounts conducted by an independent auditor as qualified to act under the company’s act 1985, in respect of companies registered there under.
L. AMENDMENTS TO THE CONSTITUTION:
1. Alterations to this constitution hall receive the assent of two-thirds of the members present and voting at an Annual general Meeting or a Special General Meeting. A resolution for the alteration of the constitution must be received by the secretary of TUDA at least 21 days before the meeting at which the resolution is to be brought forward. At least 14 days notice of such a meeting must be given by the secretary.
M. DISSOLUTION:
1. The required procedure to affect a voluntary dissolution
of TUDA shall be that a described in the last proceeding clause L (1), subject
to there being a proposed dissolution rather than an alteration or amendment
to the TUDA constitution.
2. If upon winding up or dissolution of TUDA there remains after satisfaction
of all debts and liabilities, any property whatsoever, the same shall not be
paid or distributed among members of TUDA, but shall be given or transferred
to some other charitable organization, having objects similar to that of TUDA,
and which shall prohibit the distribution of its or their income among its or
their members to an extent at least as great as it imposed on TUDA under or
by virtue of clause C hereof, such institution or institutions to be determined
by the members of TUDA at or before the time of dissolution, and if in so far
as effect cannot be given to such provision, then to any institution having
charitable objects not similar to TUDA.
Using this site: A word in bright blue indicates a link that you can access by clicking on it; a word in orange indicates that you have followed this link already.