Copy of Kenyans in Queensland (KIQ) Welfare Fund Policy
- Josphat Kimani
- Feb 20
- 28 min read
Date of Effect: [Insert Date] Review Date: [Insert Date] Version: 2.0
TABLE OF CONTENTS
THE PREAMBLE
1. ESTABLISHMENT AND NAME.
2. INTERPRETATION
CHAPTER ONE: PURPOSE AND OBJECTIVES.
Article 1: PURPOSE.
Article 2: OBJECTIVES.
CHAPTER TWO: MEMBERSHIP OF THE KENYANS IN QUEENSLAND WELFARE FUND
Article 1: MEMBERSHIP.
Article 2: MEMBERSHIP SUBSCRIPTION..
Article 3: NOTIFICATION OF CLAIM AND DISBURSEMENT OF FUNDS.
Article 4: CESSATION OF MEMBERSHIP.
a) Voluntary Cessation.
b) Involuntary Cessation.
CHAPTER THREE: OFFICE BEARERS.
Article 1: OFFICE BEARERS OF THE ASSOCIATION.
Article 2: POWERS, FUNCTIONS AND DUTIES OF THE OFFICE BEARERS.
The Chairperson.
b) The Vice Chairperson.
c) The Secretary/Organizing Secretary.
d) The Treasurer
e) 3 Ex - official members.
CHAPTER FOUR: ELECTIONS AND REMOVAL FROM OFFICE OF OFFICE BEARERS
Article 1: ELECTIONS.
Article 2: VOTING RIGHTS AT ELECTIONS.
Article 3: BY - ELECTIONS
Article 4: REMOVAL OF OFFICE BEARERS FROM OFFICE.
CHAPTER FIVE: MEETINGS OF THE ASSOCIATION AND QUORUM.
Article 1: MEETINGS OF THE WELFARE ASSOCIATION.
a) ANNUAL GENERAL MEETINGS.
b) EXTRA - ORDINARY GENERAL MEETING.
Article 2: QUORUM AND VOTING RIGHTS.
a) ANNUAL GENERAL MEETINGS.
b) SPECIAL GENERAL MEETING..
Article 3: PROCEDURE AT THE MEETINGS OF THE ASSOCIATION..
CHAPTER SIX: FINANCE AND ACCOUNTS.
Article 1: BANK ACCOUNT.
Article 2: ANNUAL ACCOUNTS, INCOME AND PROPERTY.
Article 3: INSPECTION OF ACCOUNTS AND MEMBERS' REGISTER.
Article 4: AUDITORS.
CHAPTER SEVEN: GENERAL PROVISIONS, AND AMENDMENT TO THE CONSTITUTION
Article 1: GENERAL PROVISIONS
a) DISPUTE RESOLUTION AND GRIEVANCE PROCEDURE
b) NOTICES.
c) MISCELLANEOUS.
d) ALTERATION OF RULES/WELFARE POLICIES.
Article 2: AMENDMENT TO THE CONSTITUTION.
a) TRANSITIONAL AND CONSEQUENTIAL PROVISIONS.
b) AMENDMENTS TO THE CONSTITUTION.
c) WINDING UP.
SPECIAL CLAUSES.
SCHEDULE I
Preamble.
RULE 1: PAYMENT OBLIGATION.
RULE 2: PENALTIES.
RULE 3: EXCEPTIONS.
RULE 4: COMMUNICATION REQUIREMENT.
RULE 5: CONSTITUTIONAL COMPLIANCE.
RULE 6: NO REFUNDS.
RULE 7: ABUSIVE AND/OR UNETHICAL BEHAVIOR.
RULE 8: AMENDMENTS TO THE RULES AND POLICIES.
THE PREAMBLE
The members of the Kenyans in Queensland Welfare Fund, acknowledge the Traditional Owners and Custodians of the land on which they converge, and Turrbal and Yuggera pay them respect to their founders. They recognize their continuing connection to the land, water, and culture and acknowledge the important role they play in the community.
The members of the, Kenyans in Queensland Welfare Fund in recognition of the importance of unity, compassion, and support within their host community, hereby establish this Constitution to govern the operation and management of the Kenyans in Queensland Welfare Fund; with a commitment to provide reasonable financial assistance and support to members in times of need, and to uphold the values of solidarity and care that define the core objective of the association.
1. ESTABLISHMENT AND NAME
A) The Name of the Association shall be Kenyans in Queensland Welfare Fund; set up within all the enabling provisions of the Law applicable in Australia, which will act and function following this constitution.
B) This Constitution is set up to govern the operation and management of the Kenyans in Queensland Welfare fund under the auspices of the Kenyans in Queensland Welfare, hereinafter referred to as "the Welfare fund".
C) The Registered Office of the Kenyans in Queensland Welfare shall be at ............ which shall be the place of meeting for conducting the business of the Association.
D) The Welfare Association fund is incorporated in Australia and shall have perpetual succession.
E) The Welfare Association shall be non-partisan, non-religious, non-affiliated to political divide and non-governmental.
F) The Constitution shall be binding on ALL MEMBERS OF KENYANS IN QUEENSLAND.
2. INTERPRETATION
1.1 The following words shall, unless otherwise required, have the meanings hereinafter assigned to them:
2.1.1. "Association" means KENYANS IN QUEENSLAND.
2.1.2. "Auditors" means the auditors for the Association Welfares.
2.1.3. "Chairperson" means the chairperson appointed as a trustee of the Association Welfare.
2.1.4. "Management committee" means persons appointed to manage the welfare funds of the Association.
2.1.5. "Member" means an active member of the Association who has paid the requisite registration fee and all other prescribed payments.
2.1.6. "Family Member" means nuclear family member (Father, Mother/Guardian, Brother, Sister, Spouse, Son or daughter of a member of the KENYANS in Queensland Welfare Fund.
2.1.7. "Guardian" means an adult parent who took care of the Association member before the member attained the age of majority (18 years). This will equally include a stepparent.
2.1.8. "Office" means the registered office of the Association Welfare.
2.1.9. "Special resolution" means a resolution passed at a special general meeting.
2.1.10. "General meeting" means meeting convened and held after the end of the financial year on such day and at such place as the officials shall determine.
1.2 Unless the context otherwise requires, any words importing the singular number only shall include the plural number, and vice versa; and the words importing any one gender only shall include the other two gender.
CHAPTER ONE: PURPOSE AND OBJECTIVES
Article 1: PURPOSE
To facilitate the development and provision of appropriate welfare services to the Kenyans in Queensland Welfare Fund members in Australia.
To coordinate and deliver welfare services to the Kenyans in Queensland Welfare Fund members in Queensland, Australia.
To sensitize and influence the policies and practices of government and organizations in the delivery of welfare services to the Kenyans in Queensland Welfare Fund members in Queensland, Australia.
To promote recognition of, and respect for, the contributions of the Kenyans in Queensland Welfare Fund members in Queensland, Australia.
To support those working with Kenyans in Queensland in the welfare sector by providing advice and information.
To undertake community development, community education, advocacy, and other functions deemed appropriate in the provision of welfare services to the Kenyans in Queensland Welfare Fund members in Queensland, Australia.
To promote the well-being of the Kenyans in Queensland welfare fund association members in Queensland, Australia.
Article 2: OBJECTIVES
1. To provide monetary support to members and immediate family members during times of bereavement in the following circumstances:
1.1 Death of a member of the Kenyans in Queensland Welfare Fund.
1.2 The death of a welfare member's nuclear family member (Father, Mother/Guardian, Brother, Sister, Spouse, Son, or daughter of a member of the Kenyans in Queensland Welfare Fund.
1.3 Death of a Guardian of a member of the Kenyans in Queensland Welfare Fund. A member can only nominate a guardian in the absence of both biological parent(s) or where stepparents raised the member.
2. To improve economic welfare of Kenyans in Queensland Welfare Fund members by supplementing their income generating resources.
CHAPTER TWO: MEMBERSHIP OF THE KENYANS IN THE QUEENSLAND WELFARE FUND
Article 1: MEMBERSHIP
Any person who is a registered member of the Kenyans in Queensland Inc shall be eligible to become a member of the Kenya Queensland Welfare Fund.
Members joining the Kenyans in Queensland Welfare Fund shall be required to complete an application form to be submitted to the Secretary; stating the name, Physical address, telephone number and occupation of such a person and such notification shall be signed by an accredited representative of the Association and the prospective member.
At the time of joining the Kenyans in Queensland Welfare Fund, the joining member shall be required to fill out a declaration form within five [5] days of joining, which form shall include details of:
• a) Immediate family members including biological Father, Mother, Brother, Sister, Spouse, Son, or Daughter of the member of the member, or.
• b) The appointed Guardian of the member of the Kenyans in Queensland Welfare Fund. It should be noted that this list shall strictly be adhered to in all future claims of assistance unless there is a subsequent birth of a child who should be included as soon as possible.
The name and address of each person admitted or introduced for membership of the Association shall be notified to the Chairman of the Association management committee who will bring up such proposal to the Management Committee of the Association for vetting on suitability.
The Secretary of the Management Committee shall keep a register of members and enter in it, the names and contacts details of all persons who become members of the Association.
No member shall be entitled to any of the privileges of membership unless and until he/she has paid every subscription and other sums (if any), which shall be due and payable to the Association fund in respect of his/her membership thereof.
Article 2: MEMBERSHIP SUBSCRIPTION
Every member joining the welfare Association shall pay $100 as a registration fee for the kitty.
After the transfer of any amount to a member faced with bereavement outlined in Article 3 of this Constitution, all members of the Association shall contribute equally to reimburse the amount availed to the bereaved member within a period of fifteen (15) days from the day the members were notified of such disbursement.
Any member, who fails to contribute as stipulated in Chapter 2, Article 2(2) of this constitution, and remains so after the lapse of Fifteen (15) days' Notice, such a member shall be declared DORMANT and as such, A three-month dormancy shall be imposed, during which the member shall not receive any benefits or a member shall receive $2500 benefits during dormancy if all arrears are paid and comply with rules, additionally, a member must pay a $500 refundable fine after three months. Demonstrating intent to retain active membership.
Should any member's account fall to DORMANT status, and he/she wishes to be absorbed to ACTIVE status, such a member MUST clear all the outstanding arrears plus, liquidated penal damages equivalent to $65 of the amount such a member was required to contribute.
The treasure shall share records either before or after each reimbursement cycle to all members within seven (7) days:
• a) A list indicating which members have reimbursed and which have not,
• b) The outstanding deficit {if any},
• c) A financial statement showing the funds balance before and after the contribution cycle.
This disclosure may be distributed electronically and must be accessible to all members upon request.
The Annual General Meeting or Extraordinary General Meeting shall have power to vary the subscription by an ordinary resolution duly passed at the meeting.
A person who is admitted being a member after the adoption of this constitution shall be required to pay the prescribed joining fee and consequently, continue to pay monthly subscription. Such a member shall however, benefit from the welfare kitty upon the lapse of 30 days from the date of joining.
The Association may canvass, solicit for and receive material/financial support from individuals, government and their agencies for the promotion of its objectives.
Article 3: NOTIFICATION OF CLAIM AND DISBURSEMENT OF FUNDS
In the event of the unfortunate demise of a member of the Kenyans in Queensland Welfare Fund, the affected member or their family must fill out a death notification form provided by the welfare Committee, outlining the details of the deceased member and the claim for assistance. Failure to provide accurate information may result in the denial of assistance and subsequent cessation of membership.
That subject to the contents of sub article (1) above, the following documents shall be submitted to the welfare Committee for verification within 5 days of the knowledge of the demise or 5 days upon burial:
Prior to funeral:
i) National ID
ii) Birth certificate
iii) Member's birth certificate.
iv) Member's ID or passport.
v) National ID of the immediate parent/guardian.
vi) Birth certificate of the immediate parent/guardian.
Upon burial:
i) Notification of surrender of National ID of deceased family member.
ii) Burial permit.
iii) Death certificate.
If a member of the welfare Association is affected by circumstances enunciated in Chapter Two of Article 1 of this Constitution, that particular member shall be given $5,000 from the funds of the Association. When bereavement has occurred, the member affected will notify the welfare Committee by filling a death notification form, and the member shall receive his/her dues within 2-5 working days. If the member will be outside Australia at the time of transfer, this money will be sent to an account of his/her choice, and any transaction fee will be borne by the member.
If in the unlikely event the demise is that of a member of the Association, the management committee shall disburse to the deceased's family an amount equivalent to $10,000 from the funds of the Association.
A members shall nominate one member from nuclear family or guardian who will be first of keen in case of demise of a member under the beneficiaries list with accurate names, address, phone number.
Article 4: CESSATION OF MEMBERSHIP
a) Voluntary Cessation
Any member wishing to voluntarily exit the Kenyans in Queensland Welfare Fund must submit a written notice of their intention to the Secretary management Committee at least 30 days prior to their desired exit date.
Upon exiting, the member forfeits any rights to the benefits and services provided by the Welfare Fund from the date of exit.
A member who has exited voluntarily may reapply for membership, subject to the approval of the Committee and adherence to the re-entry guidelines.
No member ceasing to be a member of the Association for any reason shall, have any claim upon or interest in the funds or other property of the Association, but this clause shall be without prejudice to the rights of the Association to claim from such a member or his estate any arrears of subscriptions or other sums due from him/her to the Association at the time of his/her ceasing to be a member.
b) Involuntary Cessation
A member may be involuntarily exited from the Welfare association by the management committee of the fund for the following reasons:
a) Failure to adhere to the rules and regulations set forth in this constitution.
b) Non-payment of dues for a period exceeding three months.
c) Conduct that is deemed detrimental to the interests or reputation of the Association.
d) Provision of falsified details or information.
Before an involuntary exit is determined, a notice to show cause shall be served upon such a member requiring the member to show cause within 14 days in writing and with evidence in support of the response, why he/she should not be expelled from the activities of the Association.
The management Committee of the fund will review the members' response and the evidence in support thereof, if any, and make a final decision, which will be communicated to the member in writing but not later than 14 days from the date of receipt of the member's response.
The management committee at its own discretion shall forthwith expel such a member or, convene a management committee meeting for disciplinary hearing. wherein the decision shall forthwith be communicated and relayed too other members of the Association.
An involuntarily exited member may appeal the decision within 30 days to the management committee, wherein a special management committee meeting and 3/4 of the members of the Association shall make the final through a confidential vote to be cast by members present.
Consequently, such a member will forthwith forfeit all benefits and services provided by the Welfare Fund from the date of exit and may not reapply for membership for a period of at least one year from the date of exit.
CHAPTER THREE: OFFICE BEARERS
Article 1: OFFICE BEARERS OF THE ASSOCIATION
The affairs of the Association shall be administered by an elected Management Committee to be drawn from Kenyans Queensland Welfare Fund. The Management Committee of the welfare Association Fund shall consist of the following officers:
• a) The chairperson.
• b) The vice chairperson.
• c) The Secretary/Organizing Secretary.
• d) The Treasurer.
• e) 3 ex - official members.
Article 2: POWERS, FUNCTIONS AND DUTIES OF THE OFFICE BEARERS
The Chairperson
The Chairperson shall organize and in liaison with the relevant authorities and nongovernmental Agencies; implement and supervise the programs of the association, and shall ensure the proper and effective functioning of the organs of the welfare Association.
The Chairman of the welfare Association shall act as the Image maker of the Association.
The Chairman shall preside over all meetings of the welfare Association and shall carry out other functions as may be delegated to him/her by the Kenyans in Queensland Welfare Fund as well as the Management Committee.
The Chairman shall call Extraordinary and Annual General Meetings of the welfare Association as provided for in the Constitution.
Shall have a casting vote.
Shall together with the Treasurer and the approval of other officials operate the accounts of the welfare Association Fund in accordance with the Constitution.
Shall be a signatory to the welfare Association bank accounts.
b) The Vice Chairperson
The Vice Chairman shall in the absence of a Chairman exercise all the powers vested in the Chairman.
Shall carry out such other functions as may be delegated to him by the Management Committee and the Chairman.
c) The Secretary/Organizing Secretary
The Secretary shall carry out all secretarial functions including the handling of all correspondence, writing minutes of the meetings, preparing circular letters, agenda for meetings and communicating all necessary information to members.
The Secretary shall keep records and carry out all functions that the Chairman and Management Committee may authorize from time to time.
The Secretary shall be responsible for organizing and coordinating the affairs of the association including arranging entertainment and social engagements for the Association.
The secretary shall also give due publicity to the Association's activities if necessary.
The Secretary shall be the Signatory to the association's Bank accounts.
d) The Treasurer
The Treasurer of the welfare Association Fund shall collect and keep an inventory and records of subscription fees, levies etc, from members and issue receipts to such members accordingly if necessary.
The treasurer shall maintain a proper record of accounts of all monies collected for and on behalf of the welfare Association Fund.
The Treasurer shall receive and pay promptly into the association's account all monies received for and on behalf of the Association.
The treasurer shall present to the Association a financial report at the A.G.M.
The treasurer shall be a mandatory signatory to the association's bank account.
The treasurer shall pay only bills, payment vouchers or disbursements approved by the management committee.
The treasurer shall work hand in hand with Secretary to keep proper records of the Association.
To recommend subscription fees and such monies that members of the Association is obliged to pay to keep the Association running and its projects afloat.
To draw up annual budgetary provision for the Association.
To monitor the income and expenditure of the Association.
To recommend the appointment of Auditors to investigate the books of the Association.
To give an estimate of the probate cost of the association's programs/projects.
e) 3 Ex - official members
The Ex officio members of the management committee shall be elected during the Annual General Meeting from within the members of the Kenyans in Queensland Welfare Fund.
The Ex officio members typically shall have full voting rights and participate in the management committee's decision-making processes.
They shall participate in committee management discussions, decision-making processes, and any other decisions of the Kenyans in Queensland Welfare Funds.
Ex officio members shall serve in the management committee for the duration and during their pendency within the association, unless otherwise ceases to hold such responsibility.
CHAPTER FOUR: ELECTIONS AND REMOVAL FROM OFFICE OF OFFICE BEARERS
Article 1: ELECTIONS
Any member of Kenyans in Queensland Welfare Fund who is desirous of vying for any elective position shall communicate to the secretary via email at least Thirty (30) days before election.
The secretary shall in turn communicate such information to the Association members through the designated official WhatsApp forum or any communication medium through a designated website at least Fifteen (15) days before the election.
Officers of the management committee shall be elected at the annual general meeting and they shall serve a concurrent one-year term. Any of such officers may contest and serve for a second term of another Two years, but no officer shall remain in a particular office for more than two consecutive terms.
Elections into the management Committee of the welfare Association Fund shall be by secret ballot and presided over by an Officer to be known as the "RETURNING OFFICER" who shall oversee the conduct of the election and elected at the Annual General Meeting and or the Special General Meeting whichever shall be applicable.
Two members shall be nominated at the Annual/Special General Meeting to form the Electoral Panel.
6. The Electoral Panel shall be charged with the responsibility of:
• (i) Conducting the Election.
• (ii) Performing other duties relating to the Elections.
All complaints and suggestions relating to the election shall be lodged with the Returning Officer, who shall report the same to the General Meeting for necessary action.
The Returning Officer shall submit to the General meeting a full report of the conduct of the election immediately after the election for their necessary action.
Upon declaration of the election outcome, there shall be a transition period of 14 days for the new office bearers to assume office.
Article 2: VOTING RIGHTS AT ELECTIONS
Every member who has fully paid his annual and/or relevant subscriptions and all other levies up to the end of the year preceding any election of officers, shall be eligible to vote and be voted for at the General Meeting summoned to elect such officer.
Any member, who joins the Association in the election year but 30 days before the election date shall equally have a voting right provided he/she has fully paid the requisite Subscription as shall be specified and all other levies due and payable prior to the election.
Any member who defaults in full payments of the relevant financial obligation to the Association cannot vote or be voted for at any election of officers of the welfare Association Fund.
Article 3: BY - ELECTIONS
There shall be a by-election when an Office becomes vacant either by operation of law, death, incapacitation and or removal from office as provided by Chapter Two Article 4 herein where after a by-election shall be conducted within 15 days of the vacancy, and the filling of the vacancy shall be ratified at the next special meeting or General Meetings of the Association.
The election shall be by nominations of members present followed by voting by the simple show of hands or any other convenient voting pattern.
In the unlikely event the entire leadership of the welfare association resigns, the ex - official members of the welfare association shall assume office in an acting capacity for a duration not exceeding 3 months, until new officials are elected through a special/ extra- ordinary general meeting (SGM) to be convened under this sub-Article within 30 days from the date of assumption of office.
Subject to Sub Article (3) above, if no elections are conducted within the herein specified duration, the ex-officials shall cause to have the activities of the welfare wound up through a Notice to all the available members and as such, the provisions resonating with winding up of the welfare Association shall be executed by the ex - official members to logical conclusion.
Article 4: REMOVAL OF OFFICE BEARERS FROM OFFICE
Any officer of the welfare Association or member of the management committee who refuses and/or neglects to carry out clear and definite decisions of the welfare Association Fund or fails to perform his/her duty as expected of him/her, without any justification shall be voted out and replaced temporarily by any appointed member but subject to ratification at the next special meeting or general meetings of the Association.
Any member of the management committee absenting themselves from three consecutive meetings of the Association or any committee meeting without the consent of the chairman and/or secretary shall cease to be a member of the management committee and shall subject to prescribed sanction pay penal fee in equivalent.
No defaulting member shall be so removed from office without being given an opportunity for a fair hearing
The decision to remove and replace a defaulting officer shall be taken at a General Meeting of the Association on a motion supported by a simple majority of the members present.
CHAPTER FIVE: MEETINGS OF THE ASSOCIATION AND QUORUM
Article 1: MEETINGS OF THE WELFARE ASSOCIATION
There shall be two classes of general meetings: - Annual general meetings (AGM) and special/ extra- ordinary general meetings (SGM).
a) ANNUAL GENERAL MEETINGS
The A. G. M shall be held on 30th June of every year at such place and time as the Management Committee shall decide.
All items of Agenda for the AGM shall be delivered to the Secretary two (2) weeks before the date of the meeting.
The meeting shall be the forum for the assessment of the association's activities during the past year and the mapping out of plans and activities for the current year.
The AGM shall receive and deliberate on the Chairman's Annual Report and Treasurer's financial Report and records.
The election of the association's office shall be held every two years at an AGM.
All officer elected at the A. G. M. shall serve a concurrent two-years terms. Any of such officers may contest and serve for a second term of another two years, but no officer shall remain in a particular office for more than two consecutive terms.
Every member shall be entitled to one 1 share which shall be equal to 1 vote thusly 1 subscription charge.
The Chairman shall only have a casting of an equality or stalemate votes.
A resolution made by a simple majority during a meeting by the management committee with those present physically or virtually after voting will be binding to all the members.
b) EXTRA - ORDINARY GENERAL MEETING
1. An extraordinary general meeting of the Association may be convened at any time to deliberate on matters requiring urgent attention by:
• a) The Chairman acting at sole discretion.
• b) The Chairman on receiving notice from members of the Association calling for such a meeting.
Article 2: QUORUM AND VOTING RIGHTS
a) ANNUAL GENERAL MEETINGS
At least 75% of the members of the welfare Fund must be present to form a quorum at Annual General Meetings.
2. The Agenda of the Annual General Meeting shall include:
I. Preliminaries
ii. Reading and confirmation of previous AGM Minutes.
iii. Elections
iv. Treasurers financial Report.
v. Auditor's report, which shall be made public to all members not less than fifteen (15) days before the date of the meeting
vi. Budget Approval.
vii. Amendment of the Constitution
viii. Any other matter deemed to be important to members
b) SPECIAL GENERAL MEETING
A special General meeting may be called at any time by the management committee as the need arises.
At least sixty per cent (60%) of the members of the welfare Association Fund must be present to form a quorum at Special General Meetings.
Article 3: PROCEDURE AT THE MEETINGS OF THE ASSOCIATION
At all meetings of the Fund the Chairperson or in his/her absence the vice Chairperson or in the absence of both officers, a member selected by the meeting shall take the Chair.
The Chair may at his discretion limit the number of persons permitted to speak in Favor of and against any motion.
Any decision of general meeting shall be passed through voting by show of hand or by a simple majority apart from elections. In case of any disputes secret ballot shall apply to decide.
CHAPTER SIX: FINANCE AND ACCOUNTS
Article 1: BANK ACCOUNT
A bank account shall be kept at such bank or banks as shall be determined by the management committee and all monies received on behalf of welfare Association fund shall be deposited to the credit of such account(s).
The bank account shall have a total of Four (4) signatories with Three Signatories having the mandate to sign but the Treasurer shall be a mandatory signatory.
All payments except for petty disbursements shall be made by a cheque or electronic transfer. Such electronic transfer or cheques issued on behalf of welfare Association funds shall be signed as provided for in this Constitution. In the absence of any of the signatory for a prolonged period, the management committee shall appoint a temporary signatory from amongst its members to assume the functions of the substantive office in acting capacity.
Kenya Queensland Welfare Fund is independent, and all funds shall always be deposited in the Welfare Association ACCOUNT. This money shall not be used for any other purpose apart from those outlined in this constitution.
Article 2: ANNUAL ACCOUNTS, INCOME AND PROPERTY
The yearly accounts shall be closed on the last day of June in each year. The accounts shall be audited, and circulated to the members at least fourteen (14) days before the annual general meeting.
As soon as practicable, after the end of the financial year, there shall be prepared statement of the assets and liabilities of the Association at the end of the Financial year and statement of income and expenditure during that year.
Copies of the audited statement of accounts shall be sent to every member with the notice convening the General Meeting.
Article 3: INSPECTION OF ACCOUNTS AND MEMBERS' REGISTER
The books of accounts and all documents relating thereto and a list of the Members of the Association shall be available for inspection by any member of the association
A member of the Fund on giving seven (7) days' notice in writing to the secretary of the Fund shall be entitled to inspection. After the approval of the management committee.
Article 4: AUDITORS
The Auditors shall be a professional accountant and shall not be a member of the Association. He or she shall be appointed at each Annual General Meeting and shall hold office until end of the year following the Annual General Meeting.
All monies received by the Association shall be paid into an account in the name of the Association at banks appointed by the management Committee and cheques and other instruments drawn on and directions to the banks shall be signed by any of the three signatories as provided in this constitution.
CHAPTER SEVEN: GENERAL PROVISIONS, AND AMENDMENT TO THE CONSTITUTION
Article 1: GENERAL PROVISIONS
a) DISPUTE RESOLUTION AND GRIEVANCE PROCEDURE
1. The grievance procedure set out in this constitution applies to disputes under these rules between:
a. A member and another member; or
b. A member and The Association and/or the officials or
c. An official and another official.
Members are expected to treat each other with utmost decorum. Unethical verbosity and vituperation is highly discouraged. Any member who utters demeaning information against another member either impliedly, physically or through print media shall forthwith be suspended and required to show cause why he/she shall not be expelled from the activities of the welfare Association.
Such a member shall be required to within 3 days show cause to the chairman of the welfare Association, why disciplinary actions should not be taken. The chairman in conjunction with the officials reserves the right to determine the appropriate punishment or decision on account of misconduct which in any event, shall be communicated to the adversarial party. Any decision approved by the officials on account of misconduct shall be final wherein the affected member shall forthwith cease to be a member of the welfare and the benefits associated with the welfare shall stand forfeited.
In the event of a dispute, the parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within fourteen days after the dispute comes to the attention of all the parties and to the attention of the chairman.
If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within ten days, hold a meeting in the presence of a mediator to be appointed by the management committee.
6. The mediator must be:
a. A person chosen by agreement between the parties; or in the absence of agreement and in the case of a dispute between a member and another member, a person appointed by the management committee; or
b. A member of the Association can be a mediator.
c. The mediator cannot be a member who is party to the dispute.
d. The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
7. The mediator, in conducting the mediation, must:
a. Give the parties to the mediation process every opportunity to be heard.
b. Allow due consideration by all parties of any written statement submitted by any party; and
c. Ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
d. Be impartial.
The decision of the mediator shall be made available to the parties within three (3) days from the date of the hearing.
Any party aggrieved by such decision shall be at liberty to Appeal the same by writing the grounds of appeal inform of a letter addressed to the mediator within Seven (7) days from the date of the decision/award.
10. The mediator upon received of the Appeal shall convey the same to the management committee to constitute an appellate panel that will comprise of:
a. Any three officials of the welfare Association.
b. Any two ex - official members of the welfare Association.
c. Three (3) appointed members of the welfare association.
The appellate panel shall within three (3) days set the appeal for hearing wherein the aggrieved party shall be accompanied by a representative who shall be a fellow welfare association member.
At the hearing of the Appeal, minutes shall be recorded and the decision of the appellate panel shall be final.
The decision by the mediator and subsequently the appellate panel shall not be challenged in any other legal forum.
b) NOTICES
Unless otherwise provided in these rules, a notice may be served by or on behalf of The Association upon any member, either personally or by sending it by email, to the member at the address shown in the register of members.
Where a document is properly addressed, pre-paid and posted to a person as a letter, the document shall, unless the contrary is proved, to be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of post.
Except for general meetings, it shall be sufficient for notices to be displayed on the association's notice board and/or association's WhatsApp group wall or website. No notice or placard, posters shall be exhibited without the authority of the Organizing secretary and notices shall not be altered without approval.
c) MISCELLANEOUS
It shall be the duty of every member to notify the secretary in writing of any change of address/ phone number for purposes of communication of notices or any other relevant information.
d) ALTERATION OF RULES/WELFARE POLICIES
No alteration or addition to these rules shall be made except by means of a special resolution at a general meeting.
The resolution of the special general meeting shall be passed by a majority of the members present and entitle to vote.
An alteration shall only take effect upon approval by the relevant authority if necessary.
Article 2: AMENDMENT TO THE CONSTITUTION
a) TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
This Constitution shall come into force on its adoption date, hereinafter referred to as the 'effective date'.
The management committee immediately before the effective date shall continue to hold or act in those offices under this Constitution for the unexpired period, if any, until the first elections are held under this Constitution, or, unless they vacate office in terms of the provisions of the Constitution.
b) AMENDMENTS TO THE CONSTITUTION
The constitution shall always retain its integrity and shall not be rescinded, amended or added to, except by a resolution of a duly convened Annual or special general meeting of full members of The Association passed by a majority vote of members of the Association present during voting.
If a proposal for amendment originates from a member, the written text of such amendments shall be submitted to the secretary in writing at least twenty-eight (28) days before the date of the meeting at which such amendments are to be discussed. The Organizing secretary shall circulate the proposal to the members with the notice of the annual or special general meeting at least twenty-one (21) days before the date of the meeting at which the amendments are to be discussed.
If a proposal for amendment originates from the management committee, the Organizing secretary shall circulate the written text of such amendments to every member of the Association at least twenty-one (21) days before the date of the meeting at which the amendments are to be discussed.
c) WINDING UP
The Association may be wound up only by a resolution passed at an annual or special general meeting by a majority of all the full members of Association.
No such winding up resolution shall be considered unless notice of the proposal has been given in writing to all members at least six (6) calendar months prior to the date of the meeting.
Upon the passing of a winding up resolution as aforesaid, the management committee shall implement the resolution and may employ such professional advisors as may be deemed necessary to assist in the winding up process.
The remainder of all assets of the Association if any shall be surrendered and/or disposed as the members may agree.
SPECIAL CLAUSES
THE INCOME AND PROPERTY OF THE BERUR WELFARE ASSOCIATION FUND whensoever derived shall be applied solely towards the promotion of the objects of the ASSOCIATION as set forth in the RULES AND REGULATION/CONSTITUTION AND POLICIES OF THE ASSOCIATION: and no portion thereof shall be paid or transferred directly or indirectly, by way of dividend, bonus, or otherwise however by way of profit, to the members of the ASSOCIATION.
PROVIDED that nothing herein shall prevent, in good faith, or reasonable and proper remuneration to any officers or servant of the ASSOCIATION in return for any service rendered to the ASSOCIATION.
NO ADDITION, alteration, or amendment shall be made in the RULES, POLICIES AND REGULATIONS/CONSTITUTION for the time being and in force, unless the same has been previously submitted to and approved by the management committee and the members.
If, in the event of a winding up or dissolution of the ASSOCIATION there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall be paid to or distributed among the members of the ASSOCIATION OR shall be given or transferred to some other institution or institutions, having objects like the objects of the ASSOCIATION and the body or bodies are prohibited from distributing its or their income and property amongst its or their members.
The members of the management committee shall not be liable (otherwise than as members) for any loss suffered by the Association because of the discharge of their respective duties on the association's behalf, except such loss arising from their respective wilful default, and shall be entitled to payment for expenses and other liabilities incurred by them in the discharge of their respective duties.
SCHEDULE I
WELFARE POLICIES, RULES AND REGULATIONS OF UMOJA.
Preamble
The aims and objective of the Association and the interests of the members of the Association is no doubt coterminous. Both share a desire to provide monetary support to members and immediate family members during times of bereavement. Both want a dignified set off, sufficient peace of mind during and during bereavement. Of course, to achieve the objectives, all must work together to ensure that these are not mere wishes.
Consequently, the following Policies, Rules and Regulations, having been adopted by the Associations, shall be binding on all members of UMOJA Welfare Association. Furthermore, the Association, pursuant to its aims and objectives, shall have powers to make further policies, rules and regulations in the interest of its members as at when necessary.
RULE 1: PAYMENT OBLIGATION
All members are required to contribute equally to the welfare kitty as per the agreed schedule. Failure to pay within the specified time frame will result in the member being declared dormant thusly susceptible to the penalty prescribed in Chapter 2 Article 2 of the Constitution.
That failure to pay subscription charges, the right to vote and the right to privileges shall be extinguished.
The management committee shall periodically assess whether contribution amounts remain fair, sustainable, and adequate to cover current funeral and bereavement costs in which circumstances shall prescribe and make the necessary adjustments to the amount payable.
RULE 2: PENALTIES
$65 penalty shall be applied on late payment of the share a member is supposed to contribute either monthly or annually after 15 days when the said payment was due.
The penal amount shall accrue an interest of 1% per day until payment in full.
3. Any member who attempts to or defrauds the Fund shall be subject to the following penalties:
• a) All the money paid to the member shall be recovered immediately in full plus a surcharge of 10% of the total amount paid.
• b) In case of any investigations the member shall pay the full cost of the investigations subject to a minimum payment of $ 500.
• c) Depending on the outcome of the investigations, the said member may be expelled from the Fund and/ or any further disciplinary action as the management committee may prescribe.
Any member, who fails to contribute or reimburse the welfare kitty as, and remains so after the lapse of Fifteen (15) days, will be notified through writing of the need to remedy the default within Fifteen (15) days and if such member persistently remains in default, the said member will be declared DORMANT and as such, A three-month dormancy shall be imposed, during which the member shall not receive any benefits, or a member shall receive $2500 benefits during dormancy if all arrears are paid and comply with rules, additionally, a member must pay a $500 refundable fine after three months. Demonstrating intent to retain active membership.
Should such a member's account fall DORMANT, and he/she wishes to be absorbed to ACTIVE status, such a member MUST clear all the outstanding arrears plus, liquidated penal damages equivalent to $65 of the amount such a member was required to contribute.
Any Member who persistently fails to reimburse or pay the required subscription as at when required and such a member's account remains dormant twice within a year, such a member shall forthwith be removed from the welfare and will henceforth cease to be a member of the welfare Association.
RULE 3: EXCEPTIONS
Every member is obliged to contribute the activities of the welfare. Consequently, No exceptions will be made for non-payment or late payment unless approved by the welfare committee in extraordinary and excruciating circumstances.
RULE 4: COMMUNICATION REQUIREMENT
Members are required to maintain accurate contact information and respond to any welfare committee notifications within a reasonable timeframe but not later than 7 days from the date of such notification.
Any notification conveyed and not respondent to any member shall by all means be construed as approval.
RULE 5: CONSTITUTIONAL COMPLIANCE
Members must adhere to the welfare constitution, policies and Rules.
Non-compliance will lead to suspension without prejudice to any further available cause of action.
RULE 6: NO REFUNDS
Any member who voluntarily or involuntarily is removed from the welfare or ceases to be a member of the welfare Association due to non-compliance or any adverse reason, shall forfeit any rights to the benefits and services provided by the Welfare Fund from the date of exit and as such, not be eligible for refunds for the contributions made.
RULE 7: ABUSIVE AND/OR UNETHICAL BEHAVIOR
Members of the Association are expected to carry out and conduct themselves with decorum and utmost respect to each other. Consequently, the management committee of the welfare Association fund strictly prohibits any form of intimidation, coercion, vituperation or unethical animosity towards the members of the Association or members of the management committee.
Should it be revealed, reported and/or made known that a member has engaged in a behaviour so unethical in the face of the right-thinking members of the society, the management committee will take immediate action to initiate the relevant disciplinary procedure that would automatically lead to expulsion from the welfare Association and its activities thereof.
RULE 8: AMENDMENTS TO THE RULES AND POLICIES
The welfare committee reserves the right to amend or update these policies as necessary, with notification to all members.
Matters Regarding contributions, reimbursements, penalties, and removals will be clearly communicated to all members upon joining the group and periodically updated as need be.
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