Statutes

ARTICLES

1. NAME

The Union formed under these rules shall be called MAURITIUS AIRLINE PILOTS’ ASSOCIATION and is hereinafter referred to as the Association. It shall have a seal bearing its title.

2. REGISTERED OFFICE

The registered office shall be at 1 PLACE DU QUAI, PORT LOUIS-MAURITIUS, or at such other place as the Executive Committee may from time to time decide. In the event of any change in the situation of the registered office, notice of such change shall be given at once to the Registrar.

3. OBJECTS

The principal objects of the Association shall be:

a)             To regulate the relations between employees and employers, and between employee and employees.

b)             To secure the complete organisation of all persons eligible for membership for purposes of solidarity and cooperation.

c)             To constitute a body of experienced  pilots who will be available to act, or who may be appointed by the Executive Committee to act, as member of, or to hold seats on, or give evidence before, Courts of Inquiry, Committees of Boards, of any description  whatsoever, or governing, examining or other bodies, official or otherwise, and who will be available for advice or consultation on all questions relating to air transport or to commercial, scientific, educational or technical matters connected therewith.

d)             To regulate, protect and improve the conditions under which Members, and those eligible for membership, are employed.

e)             To protect and further the interest of the profession of Airline Pilot and to safeguard and improve the interests and rights of the members of the Association.

f)               To take any lawful action deemed desirable for the benefit and advancement of members and to uphold their interests in case of disputes between employees and employers or any other persons by all legal measures.

g)             To aid and affiliate with any other Associations or Federation having like aims, membership and objects.

h)             To establish and maintain funds by means of admission fees, contributions, subscriptions and levies in order to further the lawful purposes of the Association.

i)               To establish funds to assist members and/or dependents in distress through sickness or other causes.

j)               To promote strict adherence to all laws, rules and regulations framed for the promotion of air safety.

k)             Generally to promote the welfare of the members and to do all other things as may be incidental to, or conducive to, the attainment of the above objects or any of them.

4. MEMBERSHIP

a)           Membership of the Association is open to citizen of Mauritius holders or past holders of a professional pilot's license or in the case of non citizen of Mauritius, currently or having been employed by a person or company actively operating in Mauritius and flying within or based in Mauritius holding a work permit.

b)         The entrance fee shall be one thousand rupees (Rs. 1,000), and the monthly contribution six hundred rupees (Rs. 600). The contribution is payable at the beginning of each month.

c)         Members shall give to the Secretary their precise residential address and place of employment.

d)          Applications for membership shall be made to the Secretary on the prescribed form, and accompanied by the admission fee and amount of the subscription for the time being in force. All applications are accepted or rejected by the Managing Committee.

e)         With a view to promoting the advancement of the Association, selected individuals who are not qualified to be members of the Association may be admitted by the executive committee as honorary members of the Association. An honorary member shall not have the right to vote but may enjoy certain other rights of membership.

f)         The signature on the application form is deemed to be an undertaking by the applicant to be bound by the rules of the Association then in force.

g)           An up-to-date list of the members shall be maintained at the headquarters by the Secretary and shall be available for inspection by any member of the Association who requests it.

h)         A member of the Association may be subject to suspension or expulsion from the Association:

  1. when he ceases to be qualified for membership as per paragraph 4 (a) of these rules;

  2. when his arrears of subscription exceeds four months;

  3. when, in the opinion of the Managing Committee members his conduct has proved detrimental to the best interests of the Association.

i)         A member may appeal against suspension or expulsion to a Special General Meeting of the Association.

5. APPEAL TO SPECIAL GENERAL ASSEMBLY

Whenever in these rules there is a right of appeal to a special general meeting against any decision of the Managing Committee, such a decision shall be communicated by the Secretary to the person concerned by registered post and electronic mail with acknowledgement and a letter in his approved letterbox. 

Any appeal, which must be backed by at least three compliance members, should be sent to the Secretary by registered post, electronic mail or letter in the Association’s letterbox not later than fifteen days after the date of the notification of the decision. The Managing Committee shall convene a special general meeting to be held within one month of receipt of the notice of appeal for the purpose of hearing the appeal and the Secretary shall notify the person concerned by registered post or electronic mail of the time, place and date of the special general meeting at least five days before the date fixed for such a meeting. The person concerned shall have the right to bring witnesses to depone on his behalf and he shall have the right to speak at the meeting if he so wishes, to uphold his case. The decision of the special general meeting shall be final.  

6. RESIGNATIONS

Any member  may resign by giving the  Secretary written  notice of  his intention,  provided  that  such  resignation shall not exempt him from  any unpaid  payment  of outstanding subscription or other financial obligations to the  Association.

7. ORGANISATION AND ADMINISTRATION

The supreme authority of the Association is vested in the Annual General Meeting and, subject to that authority, the Association is governed by the Managing Committee, consisting of: 

a)             President

b)             Vice President

c)             Secretary

d)             Treasurer

e)             Assistant Secretary

f)               IFALPA Director

g)             Two other members

The Managing Committee of the Association shall be selected for a term of two years by secret ballot at the Annual General Meeting. Each Managing Committee member shall be eligible for re-election after completion of his term of office. The procedure for taking a ballot shall be the same as in rule 24. The result of the election shall be ascertained by the scrutineers and made known through the member presiding the meeting. 

The Managing Committee may co-opt other members to serve on the Managing Committee, and may from time to time form sub-committees.

8. REMOVAL OF THE MANAGING COMMITTEE

The whole Managing Committee may be removed by a resolution carried at a special general meeting convened for the purpose. One-fifth of the number of compliance members shall constitute a quorum. The special general meeting shall, after removing the members of the Managing Committee, appoint an ad hoc committee for a period of not more than four months for the purpose of administering the affairs of the Association and electing a new Managing Committee in accordance with rule 7. 

8.1 REMOVAL OF MEMBERS OF THE MANAGING COMMITTEE

general meeting convened for the purpose. The quorum for such a meeting shall be one fifth of the number of compliance members. The special general meeting shall appoint from among the members present at the meeting another member to fill the vacancy. 

Any member of the Managing Committee who absents himself from four consecutive meetings of the committee without good and sufficient cause shall cease to be a member of the committee by a decision of the committee. The member shall be notified in writing of the decision. The vacancy shall be filled in accordance with rule 13. 

Any office bearer may be removed and replaced as such by a decision of the majority of the members of the Managing Committee. Any office-bearer who is thus removed shall continue, however, to be member of the Managing Committee. 

9. MANAGING COMMITTEE MEETING

a)          The Managing Committee meeting shall be held during the first week of each month or on such alternative day as may be fixed by the President.  A special committee meeting may be convened at any time by the President, or shall be convened by the Secretary at the written request of two members of the Managing Committee. 

b)          A quorum at an Executive Committee meeting shall consist of four members and all questions shall be decided by a majority vote of the members present. In the event of an equality of votes the Chairman shall have a second or a casting vote. 

c)          The President of the Association shall be the Chairman of the Managing Committee meeting or, in his absence, the members shall elect a chairman from amongst themselves. 

d)          The minutes of the proceedings of the Managing Committee meeting shall be taken by the Secretary or, in his absence, by a member of the Committee appointed at the meeting and, when confirmed at the following meeting shall be signed by the president.

10. QUALIFICATIONS FOR CANDIDATURE AS AN OFFICER

No member shall be an officer of the Association unless:

i.                  He is a compliance member

ii.                 He is not a member of another trade union

11. DISQUALIFICATION FROM HOLDING OFFICE IN THE EXECUTIVE COMMITTEE

a)                No member shall be qualified to become, or having been so appointed or elected, shall continue to be an officer who:

i.                  is a minor ; 

ii.                 is an undischarged bankrupt or is insolvent;

iii.                has, within the three preceding years, been convicted of an offence involving fraud or dishonesty;

iv.                  is not a member of the Association; and

v.                  is incapable of performing his duties.

b)             No member shall be qualified to become, or having been so appointed or elected, shall continue to be an officer who:

i.                  is a minor;

ii.                 is an undischarged bankrupt or is insolvent;

iii.                Has, within the three preceding years, been convicted of an offence involving fraud or dishonesty;

iv.                 is not a member of the Association; and

v.                 is incapable of performing his duties.

c)                A member whose contributions are three months in arrears shall not be eligible to hold any office or act in any representative capacity in the Association; but nothing in these rules shall invalidate any prior act or thing done by such member in the performance of his duties as an officer of the Association.

12. POWERS AND RESPONSIBILITIES OF THE MANAGING COMMITTEE

a)             The Managing Committee shall be vested with full powers for the administration of the affairs of the Association. It shall give instructions to the Secretary and other officers for the conduct of the business of the Association. It may appoint such organisers and such clerical staff as it may consider necessary. It may suspend or dismiss any member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decision of the Managing Committee or any other reason which it deems good and sufficient in the interests of the Association. Any member of the staff not satisfied with the decision of the Managing Committee shall have the right to appeal to a Special General Meeting, 

b)             The Managing Committee shall be empowered to delegate to the President and any other member of the committee such powers as may be expedient for carrying out the objects of the Association. 

The Association may, through its Managing Committee, be affiliated to similar associations in Mauritius or overseas, provided that such affiliation is not detrimental to the objects of the Association. 

d)             The Managing Committee shall be vested with full powers for the administration of the affairs of the Association. It shall give instructions to the Secretary and other officers for the conduct of the business of the Association. It may appoint such organisers and such clerical staff as it may consider necessary. It may suspend or dismiss any member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decision of the Managing Committee or any other reason which it deems good and sufficient in the interests of the Association. Any member of the staff not satisfied with the decision of the Managing Committee shall have the right to appeal to a Special General Meeting, 

e)             The Managing Committee shall be empowered to delegate to the President and any other member of the committee such powers as may be expedient for carrying out the objects of the Association. 

f)               The Association may, through its Managing Committee, be affiliated to similar associations in Mauritius or overseas, provided that such affiliation is not detrimental to the objects of the Association. 

g)             Between Annual General Meetings, the Managing Committee shall interpret the rules when necessary and determine any point in which the rules are silent. 

h)             The Managing Committee shall be empowered to use the Association funds to further the objects of the Association as laid down in the rules. 

i)               The Managing Committee shall be entitled to accept donations and legacies from any source provided that such donations and legacies are free from any conditions detrimental to the objects of the Association. 

j)               The Managing Committee shall not be empowered to borrow money or mortgage, pledge, charge or dispose of any property of the Association unless a majority of all the members of the Association who are not disqualified from voting have consented to the transaction. 

k)             The Managing Committee shall be bound to take such action as may be decided upon by a majority vote of the members present at a Special General Meeting or at the Annual General Meeting, provided that such action is in accordance with provisions of the Employment Relations Act 2008.

l)               The Managing Committee shall represent the members in any negotiation and subject to provisions of the Employment Relations Act 2008, enter into any agreement with the employer or employees. 

m)            The Managing Committee may secure representation on any council or committee now in existence or that may be set up in future which affects it.

n)             The Managing Committee may appoint special committees, whenever necessary, to study and report on problems and matters concerning the Union. 

13. VACANCIES IN THE MANAGING COMMITTEE

Vacancies in the Managing Committee occurring within one month of the date of the next annual general meeting shall remain unfilled until the meeting. 

In the case of office bearers, members of the Managing Committee shall be co-opted to fill in vacancies. 

The Managing Committee shall have power to fill vacancies occurring during any year up to a maximum of two (2). Any vacancy in excess of two (2) which occurs in any year shall be filled by a Special General Meeting convened for the purpose. 

The manner for filling the vacancies shall be as follows: 

The Secretary shall inform all compliance members of the Association of the vacancies and any member wishing to stand as candidate shall send in his letter of candidature to the Secretary not later than two weeks before the date of the meeting. The candidates shall be elected by show of hands or by ballot if so requested by one-fifth of the number of members present and entitled to vote. 

The candidates shall be elected separately according to the group in which the vacancies exist. The procedure shall be the same as in rule 25. 

14. DUTIES OF THE PRESIDENT AND VICE-PRESIDENT

The President shall preside at all meetings and sign the Minutes of Proceedings and other official documents. He shall have an original vote and, in case of equality of votes, he shall have a casting vote. He shall in conjunction with the Treasurer or the Secretary sign all cheques, deeds, and other documents. He will be paid such honorarium as may be approved by the Annual General Meeting.

15. DUTIES OF THE SECRETARY

The Secretary shall attend all meetings and record minutes of proceedings which he will sign when approved. He shall have the right to speak and to vote. He shall also prepare the Annual Report. He shall conduct the business of the Association in accordance with the rules and act under the instructions of the Managing Committee.

He shall send to the Registrar, not later than the end of April of each year, a general statement duly audited of all receipts and expenditure of the Association in respect of every year, and of the assets and liabilities of the Association existing on the 31st December in every year. The Statement shall show separately the expenditure in respect of the several objects of the Association and shall comprise such particulars as the Registrar may from time to time require, and every member of the Association shall on application to the Secretary or the Treasurer of the Association be entitled to receive a copy of such general statement free of charge.

The Secretary shall submit to the Registrar, not later than the end of February of each year, a return containing the names of its president, secretary and treasurer and the number of its members as at 31 December of the preceding year.

The Secretary shall be responsible for maintaining an up-to-date list of current members of the Association, together with their contact details and any other relevant details required by the Managing Committee. 

Any change of office-bearer shall be notified to the Registrar within 7 days of such change. The Secretary shall within 21 days after the receipt by him of a written request by the Registrar furnish to him a true statement showing any particulars relating to the Association as may be specified in the request.

His remuneration shall be fixed by the Annual General Meeting. 

 

16. DUTIES OF THE TREASURER

The Treasurer shall keep a book of accounts showing receipts and payments of the Association, and other books as may be necessary and shall be responsible for all money belonging to the Association. He shall have the right to speak and vote. He shall prepare an audited financial statement in the prescribed form in accordance with the relevant provisions of the Employment Relations Act 2008 for the Annual General Meeting and every member shall be entitled to a copy of the annual statement of Accounts of the Association free of charge. He shall keep a register showing the names, occupations, addresses and payments made by members and shall cross out from the register the names of lapsed members. 

He shall deposit in a in a local bank chosen by the Managing Committee all moneys received by him. 

His remuneration shall be fixed by the Annual General Meeting. 

17. AUDITORS

Two Auditors shall be appointed by the Annual General Meeting, every two years, with the approval of the Registrar. The Auditors may be removed and replaced by a decision of a Special General Meeting convened for the purpose. 

The Auditors shall examine at least once every year the Register of Members and all the account books of the Association, check all receipts and payments and shall certify accordingly. They shall have access to all books, accounts, vouchers and other documents of the Association which they may consider necessary. They shall prepare a report of the financial position of the Association, and the manner in which the accounts have been kept. This report shall accompany the annual statement of accounts. A copy of the annual statement of accounts and of the auditors' report thereon shall be conspicuously placed at the Registered Office of the Association.

The remuneration of the Auditors shall be fixed by the Annual General Meeting. 

18. RIGHTS AND PRIVILEGES OF MEMBERS

Every member of the Association shall equally enjoy the following rights and privileges: 

a)             the right to record one vote at any meeting of the Association, provided that any member acting as Chairman of a meeting shall have a second or casting vote.

b)             a share in the facilities, amenities and benefits provided by the Association, for its members, in pursuance of its aims and objects.

c)             a share in the divisions of the funds and assets of the Association on dissolution. 

A member may continue to benefit from all rights and privileges of membership after retirement or loss of license due to sickness or injury, provided that he continues to pay his subscription and complies with the rules of the Association.

Legal beneficiaries of deceased members in good standing shall be entitled to representation by the Association for the purposes of preserving their interests and privileges afforded to them by virtue of the deceased member’s membership in the Association. They will however not enjoy any of the privileges listed in 18 (a), (b) and (c) above.

On ceasing to be a member for any reason, a member shall forfeit all his rights and privileges from the date of cessation of membership. 

19. THE ANNUAL GENERAL MEETING

a)             The Annual General Meeting shall be held on or before the 31st March of every year.

b)             One fifth of the compliance members of the Association shall constitute a quorum. Should there be no quorum, the meeting shall be adjourned for four weeks and at that subsequent meeting, whatever the number of members present shall constitute a quorum. 

c)             The business of the Annual General Meeting shall be to receive reports including the statement of accounts and of the assets and liabilities of the Association for the preceding year from the Managing Committee, to review the past work of the Association and plan future tasks, to elect the members of the Managing Committee and appoint two auditors and to consider all matters upon the Agenda.  

d)              Matters for discussions at the Annual General Meeting, motions for amendment of rules, and candidatures for election to the Managing Committee, shall be sent to the Secretary not later than two weeks before the opening of the meeting. 

e)             The Secretary shall prepare an agenda for the meeting including all matters submitted to him for discussions and the names of candidates for election to the Managing Committee and shall forward it by post or electronic mail to the members not later than one week before the opening of the meeting. 

f)               Notice convening an Annual General Meeting shall be published not less than 21 days before the date fixed for the meeting in two daily newspapers approved by the Registrar. 

The notice shall specify the day, time and place of the meeting and shall also specify:

i.                  that  the meeting is convened as an Annual General Meeting;

ii.                  that the matters to be considered at the meeting will include: 

1.              the statement of accounts of the Association for the preceding year; 

2.              the election of the officers and members of the Managing Committee.

 

20. SPECIAL GENERAL MEETING

The Executive Committee may at any time convene a Special General Meeting

A Special General Meeting shall also be convened if a requisition fully stating the terms of the question and signed by not less than one tenth of the number of members not disqualified from voting is made. The Secretary shall within two weeks of the receipt of such requisition convene the Special General Meeting which shall be held within six weeks of the date of receipt of the requisition to consider the question.

In case the President and/or Secretary refuse to convene the meeting, a majority of the members of the executive committee may decide to do so and one of the members shall act as Secretary for the purpose.

Notice of the time, place and date of the Special General Meeting shall be given to the members by post at least five days before the date fixed for the meeting.

The quorum for a Special General Meeting shall be one-fifth of the number of members of the trade union not disqualified from voting. If no quorum is obtained, the meeting shall be dissolved absolutely.

The decision reached at such meeting shall be binding on the Association unless otherwise provided for in these rules or required by the Employment Relations Act 2008  

21. DISPUTES

Disputes between members and their employers must at once be reported to the Secretary. The Secretary shall forthwith call a meeting of the executive committee and lay the whole matter before it.

No industrial action shall be taken unless a majority of the compliance members have so decided by a ballot vote at a Special General Meeting. It shall be the duty of the President and the Secretary to give instructions to the members for any kind of industrial action.

 

22. DUES IN ARREARS

 

a)             It shall be the duty of every member to see that his contributions are paid at the beginning of each month.

b)             If the contributions of a member fall in arrears by four months, he shall not be eligible to any benefits of the Association until two weeks after such arrears have been paid. The Secretary shall notify the member of the arrears due by him and if such arrears are not paid within two weeks of the date of such notice, the member’s name shall be crossed out of the Register of Members and his membership shall cease. He shall be informed by registered post of the date and the reason for the cessation of his membership. 

c)            Accidental omission on the part of the Secretary to give such notice to, or the non-receipt thereof by, any member shall not invalidate the operation of these rules.

d)             Should a person whose membership is terminated under (b) above desire to join the Association again, he shall have to pay, on re-admission, a re-admission fee representing the entrance fee and three months contributions. 

 

23. MODE AND RIGHT OF VOTING

a)             Voting shall take place by show of hands or by ballot whenever so required by the rules of the Association or by the Employment Relations Act, 2008.

b)             A member whose contributions are three months in arrears shall not have the right to attend meetings or to vote. 

 

24. TAKING OF BALLOTS

Whenever a ballot is necessary, it shall be taken in the following manner:

a)             not less than 21 days before the date of the taking of the ballot, the Secretary shall cause a notice of the ballot to be published in one daily newspaper approved by the Registrar of Associations, specifying the day on which, the time and place at which the ballot is to be taken and the matter which is to be determined by the ballot;

b)             the Executive Committee shall appoint three persons, who are not members of the Executive Committee, to be scrutineers;

c)             ballot boxes shall be inspected by the scrutineers and by any member present who so desires and sealed by the Secretary in their presence prior to the issue of ballot papers;

d)             the scrutineers shall supervise the ballot and ascertain the result thereof in the presence of the Chairman, Secretary and as many members of the Association who desire to attend;

e)             the Chairman shall, in the presence of the scrutineers, deliver to each member present, in person or by proxy, are entitled to vote, a ballot paper stamped with the seal of the Association and the Secretary shall check off each ballot paper against the name of such member. No ballot paper shall be used for voting which is not so stamped;

f)               apart from the cross required, no mark shall be made to any part of the ballot paper. Any contravention to this Rule by a member voting shall render the ballot paper invalid, and the ballot paper shall not be counted;

g)             no member shall be entitled to more than one vote;

h)             each member, after having voted, shall fold and deposit his ballot paper in the ballot box;

i)               on completion of the ballot, the result thereof shall be ascertained by the scrutineers in the presence of the Chairman, the Secretary and other members who desire to be present and made known through the Chairman;

j)               the persons appointed as scrutineers of a ballot shall, after the counting of the votes certify the result of the ballot to the Registrar in Form 9 of G.N. 16/74. They shall secure the ballot papers which have been counted and those which have been rejected in separate sealed parcels which shall be retained by the Association for a period of at least six months;

k)             if the seal of any ballot box is broken at the close of the voting except in the presence of the scrutineers, the Chairman and other members who are present, all the ballot papers shall be destroyed and a new ballot taken;

l)               the executive committee shall be bound to take action according to the decision taken on ballot by a majority of members who are not disqualified from voting, unless such action is contrary to law;

m)            no ballot involving the declaration or participation in a strike shall be taken until the matters giving occasion thereto are dealt with as provided by law.

 

25. ELECTIONS

Elections shall be held by ballot if requested by 2 members present. If the number of candidates is less than or is the same as the number of vacancies that have to be filled, the candidates shall be appointed by proclamation.

26. VOTE BY PROXY

Voting by proxy shall not be allowed, except when a resolution is to be taken by a ballot vote. The person voting for a member shall be a compliance member and he shall not have the right to vote as proxy for more than 4 compliance members.

27. AMENDMENT OF RULES

These rules shall be amended, altered or rescinded save by a resolution approved at a General Meeting of the Association by a majority vote of the members present and voting thereat. Every amendment, alteration or rescindment of the Rules shall be registered with the Registrar and shall take effect from the date of registration.

28. DISSOLUTION

a)          The Association may be dissolved if a resolution for its dissolution is approved at a Special General Meeting of the Association by a majority vote of the members present and voting thereat.

b)          In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Association shall be discharged and the remaining funds and property divided equally among the members whose names are not crossed out the register of members in accordance with these Rules.

c)          The Association shall, not later than fourteen days after the date of which the resolution for the dissolution is approved, give written notice of the resolution to the Registrar.

d)          The Treasurer shall, not later than fourteen days after the dissolution submit, to the Registrar a detailed statement of the assets and liabilities of the Association at the time of the dissolution and of the arrangements made for the disposal of its funds and other property.

 

29. DISCIPLINE

a)          Any member acting contrary to the rules of the Association may be expelled from the Association or suspended.

b)             In every case the defaulting member shall be convened before the Managing Committee and he shall have the right to be heard by the Managing Committee to lay his defense. He shall also be entitled to call witnesses to depone on his behalf if he so wishes. If a member is summoned for disciplinary reasons to appear before the Managing Committee and fails to do so for no valid reason, the committee shall either expel or suspend the member. The Secretary shall communicate by registered post or electronic mail to the member concerned any decision of the Managing Committee as soon as possible. 

c)          The member may appeal, in accordance with rule 5, against the decision of the Managing Committee to a Special General Meeting, the decision of which shall be final. 

30. INQUIRY INTO COMPLAINTS OF MEMBERS

If a member complains that action contrary to the rules of the Association has been taken by the Association or by any person acting on its behalf, he shall have the right to address such complaint in writing to the Secretary stating the grounds of the complaint. The Secretary shall submit the matter to the executive committee within fifteen days of the receipt of the complaint. The executive committee shall thereafter examine the complaint and shall afford the member every opportunity to substantiate his complaint. In case the allegation is admitted, the executive committee shall take immediate steps to redress the situation. The decision of the executive committee shall be communicated in writing to the member by registered post. If the member is not satisfied with the decision of the executive committee, he shall have the right to appeal to a Special General Meeting in accordance with rule 5. The decision of the special General Meeting shall be final.

31. PROPERTY AND FUNDS OF THE ASSOCIATION

The funds of the Association shall be deposited a local bank chosen by the Executive committee save a sum not exceeding one hundred rupees which the Treasurer shall keep for emergencies.

32. PURPOSES FOR WHICH THE ASSOCIATION FUNDS CAN BE USED

The funds of the Association shall be used for the following purposes:

a)             Expenditure incurred for the purpose of complying with the provisions of the Employment Relations Act 2008.

b)             The payment of reasonable emoluments to officers;

c)             Reasonable expenditure for the administration of the Association and the auditing of its accounts;

d)             The conduct of legal proceedings to which the Association or any of its members is a party, if the proceedings are undertaken for the purpose of securing or protecting any rights of the Association or of any of its members in relation to his contract of employment. 

e)             the conduct of an industrial dispute on behalf of the Association or any of its members, and the payment of compensation to members of the Association for any loss arising out of an industrial dispute;

f)               Any other purpose approved by the Minister.

33. MANNERS IN WHICH THE FUNDS OR PROPERTY OF THE ASSOCIATION ARE AUTHORISED TO BE APPLIED

The Managing Committee shall authorise the Treasurer through the Secretary to apply the funds and property of the Association for the purposes enumerated in rule 32 and for the purpose of furthering the objects of the Association as laid down in the rules. However, the Treasurer is also authorized to apply the Association funds on his own as regards recurrent expenditure. 

34. INSPECTION OF BOOKS

Any member of the Association may inspect, at any reasonable time, any books or papers of the Association and more specifically the Association’s accounting records and the Register of Members.

35. CHANGE OF ADDRESS OR EMPLOYMENT

Any member changing his residence or his place of employment or his employment shall give notice thereof to the Secretary immediately.

36. SUPPLY OF RULES

The Secretary shall supply to each member a copy of these rules. In addition, the Secretary shall supply, within a reasonable amount of time, either a printed or an electronic copy of these rules to any member upon request.

37. LEGAL PROCESS

The Association shall sue and be sued, implead and be impleaded, and shall do all other legal acts in its corporate name through its Secretary.

When the Association is sued or impleaded, or when it shall be necessary to serve notices or summonses or any legal process, judicial or extra-judicial, on the Association, service on the Secretary shall be good and sufficient service of the Association.

38. WITHDRAWAL OF SERVICES

When it appears that a withdrawal of services is or may be necessary in the interests of members, the Executive Committee shall conduct a secret ballot on the matter, at a duly convened Special General Meeting.

If a two-thirds majority of the total membership of the Association votes in favour of a withdrawal of services, the Executive Committee or a specially appointed strike committee may:

i.                  Order, so far as it is lawful to do so, a withdrawal of services in the area or field of employment affected;

ii.                  terminate the withdrawal of services when it thinks fit.

 

39. MISCELLANEOUS

Any matter not dealt with in these rules shall be governed by the provisions of the Employment Relations Act 2008 and the schedules thereto, and with the advice and approval of the Registrar of Associations whenever necessary.