Please contribute your comments (IN WRITING) to enhance the content and composition of the proposed Draft Constitution.

 

KUWAIT CANARA WELFARE ASSOCIATION - Kuwait

Established July 1988

Draft Constitution - 1997 Revised, ( 7th Draft April 1999)

 

PRIME MOTTO

Facilitate Primary education for Poor Children in India.

ALLIED PURPOSES

  1. Facilitate Job oriented computer education for the Physically disabled.
  2. Support Social causes of common community interest, in India & Kuwait.
  3. Cultivate contact with Cultural heritage.
  4. Establish a forum for social interaction and encourage personal Talents.
  5. Render regional Representation and promote Unity.
  6. Provide members with Assistance in times of need.
  7. Extend temporary assistance to persons facing extreme exigencies beyond their control.

FOUNDERS & CUSTODIANS

Predominantly Mangalorean / Konkan Catholic Laymen based in Kuwait.

COVENANT EXCLUSION

All conventions, understanding, statements and guidelines not formalized, commented or referred to by this constitution, stand abrogated. All past and emerging issues not commented by this constitution shall be discussed and adopted by duly called for General Body / Extra General Body Meeting, with a quorum consisting of not less than 1/5th of total members and by a 2/3rd majority of the house present.

 

GOVERNANCE

The Executive Committee

The Association will be governed by an Elected ‘Executive Committee" with a tenor of two years. The Executive Committee is elected by Secret Ballot, by the "General Body" of Members, every two years and comprises of

  1. The President
  2. Vice President
  3. General Secretary
  4. Assistant General Secretary
  5. Treasurer (General)
  6. Treasurer (Members Affairs)
  7. Cultural Treasurer
  8. Cultural Secretary (two)
  9. Auditor
  10. Sports Secretary
  11. Public Relations Officer
  12. Co-Ordinator - Liturgical Services

The Executive Committee has the prerogative to organize themselves in any manner to facilitate effective functioning as per emerging requirements and shall communicate their plan to the General Body at the first available instance.

In general, 7 additional candidates (members) who are well placed and willing to have render service to the cause of KCWA, can be co-opted to form a "Managing Committee".

The nominated candidates must have excellent capacity, track record and possess the potential to provide service to KCWA.

The Managing Committee shall meet atleast once every calendar month.

Director for Spiritual Guidance.

The Bishop of Kuwait may appoint himself or his ordained assistant, as a Spiritual Director to the Association to specially provide spiritual guidance. The Director Shall be pre-informed of a General or Extra Ordinary General Body Meeting and will have the privilege to attend and provide his spiritual comments. However, No voting rights will accrue.

 

Eligibility for Membership, Membership and Subscription Fee

Persons hailing from South Canara / The Konkan, or as accepted by the Managing Committee are generally eligible for membership.

The elected Managing Committee is vested with the discretion to Accept / Reject any person from obtaining membership.

Persons who have duly filled and tendered the prescribed membership application forms and have paid their annual subscription shall be deemed to be members.

A defaulting member has the right to renew his membership by paying his/her annual subscription for atleast last calendar Year.

For the purposes of reference at any point in time, a person who has duly paid his annual subscription upto and for the last calendar year shall be a "member".

The annual subscription shall be KD 6/- Or as decided by the General Body.

FUNCTIONS OF AND GUIDELINES FOR THE MANAGING COMMITTEE

The Managing Committee shall be elected by the AGBM, once every two years and shall have tenure of 2 Years or until the next Managing Committee is elected & installed, whichever is later.

All Managing Committee members shall attend the monthly meetings, decided upon by the President, in consultation with Vice President and General Secretary. Those who do not attend 3 consecutive meetings without extending a reason OR without adequate circumstantial reasons for are liable to forfeit their status, rights and privileges within the Managing committee.

The Managing committee must place such default on the agenda of an immediately following Committee meeting and expel by majority vote such defaulting committee member. However, the Managing Committee is bound to place and obtain ratification of such relieving of defaulting member, from the General Body.

The Managing Committee is authorized to nominate and appoint a member volunteer willing to assume the responsibilities of the outgoing Managing Committee member and shall obtain ratification from the immediately following General Body meeting or propose an interim election for that post, if there are more than 1 aspirant.

Each Managing Committee member shall execute the duties assigned to him / her, co-operate and facilitate the implementation of the collective decisions of the Managing Committee, even if he or she personally does not approve of the collective decision thereto.

Any member has the privilege to place before the Managing Committee a request for relieving of a Managing Committee member(s), who is cause for harm to the Body or Profile of the Association by neglect or deliberate acts or utterances through media or otherwise.

Each Managing Committee member is duty bound to present his / her objections, criticism, comments and remarks at the monthly meetings so that they can be collectively evaluated and resolved. Comments, objections and criticisms not presented at the Committee meetings shall be deemed to be non-existent. Committee members shall exercise restraint in such matters.

The Managing Committee has the powers to

  1. appoint Legal Counsel, Attorney (s) ,
  2. nominate Signatories (Members) to Open and operate Bank Accounts,
  3. Nominate Signatories (Members), give or take possession of premises where KCWA has specified interests.
  4. Allocate and utilize annual Budget.

The Managing Committee is responsible to discuss, propose and Fix the Agenda for the Annual General Body / Extra Ordinary General Body meetings and call for General Body Meetings, allocate budget and authorize payments of budgeted funds.

Co-Ordinators

The Managing Committee may appoint Co-Ordinators within nominated Special Sub-Committees to render assistance in programs undertaken by the association viz: Cultural, Sports, General Services, Fund raising and Membership drive as required from time to time. The Sub-committee shall be headed and represented by the relevant Managing Committee member or as nominated.

 

RESPONSIBILITIES, DUTIES AND RIGHTS

Member

Every member who has paid his subscription for the preceding calendar year shall have the Right to Vote at the AGBM / EOGBM and is eligible for the Universal privileges decided by the Managing Committee.

A member has the privilege to request the Association for personal assistance in times of need, which the Managing Committee is bound to evaluate and extend, if necessary.

A member intending to nominate himself for election to any post within the Managing Committee must be enrolled as member for a minimum period of 6 months.

A member, during the AGM / EOGBM has the privilege to place suggestions and/or to propose any project, subject or issue of common community interest for brief discussion by the AGBM / EOGBM.

Any two members of the Managing Committee have the right to request transfer of such suggestions, proposals and demands to the Agenda of immediately following Managing Committee meeting for evaluation. Evaluation, suggestion / proposals OR NON feasibility of proposal will be placed before the following AGM/ EOGM.

The Managing Committee may or may not request the persons (s) proposing the issue to attend the immediately following Managing Committee meeting, to provide clarifications and information required for the evaluation.

Life membership is conferred, upon one time payment of KD 50/-. Or as decided by the General Body. Life members shall enjoy privileges at par with Ordinary members without payment of annual subscription.

Patron membership is conferred persons upon one time payment of KD 250/- or as decided by the General Body. Patrons members shall enjoy privileges at par with Ordinary members without payment of annual subscription.

Founder Member

The Four Founder members viz: 1… 2… 3… 4…shall a hold a special place of honor and be invitees to relevant occasions hosted by the Association. No other privileges shall accrue.

However, they shall be eligible for the privileges of the ordinary members subject to payment of annual subscription and/or life membership/and/or Patron

 

The President

The President, elected by The Annual General Body every two years, shall be a honorable individual of Mangalorean Lineage, based in Kuwait, Philanthropically motivated, of sound moral integrity, with the capacity and inclination to devote time and thought for the progress and functioning of the Association, capable of representing the Association at Public Forums and guide the Association towards the mandate decided upon by the Association / Managing Committee.

The incumbent shall have absolute powers to take independent and overriding decisions on pressing matters until the next Managing Committee meeting is held and shall obtain ratification of his decisions, during the following Managing Committee meeting. The incumbent shall have powers to take independent and overriding decisions in case of lack of consensus on issues among committee members, during a Managing Committee meeting.

It is desirable that the incumbent is endowed with interpersonal skills to mediate and peacefully settle differences between conflicting members / parties / persons, in consultation with Office bearers neutral to the issue and develop a decision in the best interest of the Association.

The President is vested with powers to sign documents of commercial and organizational nature relevant to the functioning of the Association, or to depute any one or more Managing committee members to act or sign on his behalf for specific issues.

Documents related to Banks, Real Estate, Tangible or Intangible Assets shall be jointly signed along with the Treasurer or one other appointed Managing Committee member.

The President is duty bound to ensure a Managing committee once meeting every month, conduct a general body meeting every year (AGBM), An Extra Ordinary General Body Meeting (EOGBM) when required and hold elections to form a new Managing committee once every two years.

The President has the privilege to propose to the General Body to dissolve the Managing Committee in case of persistent non-performance and/or disputes beyond the control of the President which effectively impede the effective functioning of the organization.

The president will hold the position for one term of two years only and shall not contest the next election. The President shall groom a member of the Managing Committee for the Post to ensure succession Planning.

Vice President

The Vice President shall assume the role of the President, during the formers absence or in the event the President does not execute his duties and responsibilities as expected. The incumbent shall compliment the qualities and functions expected of the President. The incumbent shall assume the role of a "moderator" by default during all meetings, Fix the date, venue for the monthly Managing Committee meetings and co-ordinate with the General Secretary to issue mandatory notices and Fix the Agenda for the meetings in consultation with the President and General Secretary.

Additionally, The incumbent shall maintain files and records and jointly sign the correspondence pertaining to remittance to KCWA Poor children’s Education fund, as per procedure adopted by the Managing Committee from time to time.

General Secretary

The General Secretary shall facilitate to hold the Committee / Annual General Body / Extra Ordinary General Body Meetings in consultation with the President and/ or Vice President.

The incumbent shall be responsible to Record, present and maintain Minutes of the Meetings. Initiate and Issue public notices and advertisements through the media to inform members of the Association’s Meetings and activities from time to time, as required. However, for the sake of convenience such duties can he formally reassigned to the Asst. General Secretary as decided during the Managing committee meeting.

The General Secretary shall co-ordinate with the public Relations officer to procure and provide media information for consumption by members, public and concerned authorities.

Assistant General Secretary

Shall perform (and assist in) the duties of the General Secretary during the formers absence or in the event the General Secretary fails to perform his/her duties as expected by convention. The incumbent shall record and maintain attendance registers for all meetings. The incumbent shall endeavor to formally document all minutes / correspondence by the association.

Treasurer (General)

The Treasurer shall prepare, consolidate and maintain accounts & Financial reports for current year, prepare Budget for following years and present them to the Managing Committee for discussion / approval and onward presentation to the General Body as warranted.

All periodic reports and statements of accounts shall be presented to the Managing committee for review before presentation to the AGBM / EOGBM

The incumbent shall sign and issue receipts and Pay Expenses as approved by the President / Managing Committee.

The incumbent shall be one of the joint signatories to the Bank Accounts maintained by the Association.

The incumbent shall procure and consolidate accounts statements and financial reports from the Treasurer (member affairs) and Treasurer (Cultural affairs).

The incumbent shall keep track of budget allocations and periodically inform the managing committee of Budget Utilisation.

Treasurer (Member’s Affairs)

The Treasurer shall maintain list of all Active and defaulting members, endeavor to collect subscription and other dues receivable by the association, prepare and maintain reports and present them to the Treasurer (General) for presentation to Managing Committee for approval and onward presentation to the General Body as warranted.

The incumbent shall sign and issue receipts for Subscription paid by members and maintain periodic accounts and present the same to the Managing Committee as and when called for.

Cultural Treasure

Shall perform (and assist in) the duties of the Treasurer (General) during the formers absence or in the event the Treasurer fails to perform his/her duties as expected by convention.

The incumbent shall prepare and maintain all receipts and payments pertaining to individual cultural programs undertaken by the association issue receipts for Revenues, pertaining to a specific cultural program as per the mandate provided by the Managing Committee.

Secretary (two)

The incumbent shall generally take charge and co-ordinate all Cultural activities as assigned and guided by the association.

Auditor

The Auditor shall be a person capable of interpreting General Body / Managing Committee Mandates audit and comment on accounting procedures, implementation of duties and responsibilities assigned to Committee members.

The incumbent shall report to the General Body and must be well versed with Fiscal controls, capable of evaluating financial reports and commenting thereon. The auditor shall place his observations and relevant comments first to the Managing Committee for clarifications.

Audit comments not appropriately addressed by the managing Committee, which in the auditor’s opinion are of interest to the General Body Meeting, shall be placed directly before the General Body.

Sports Secretary

In general shall evaluate in detail proposals for sports activities and facilitate the successful Organisation and implementation of sports activities as decided by the Managing Committee. He will have the privilege to assign duties to the members of working committee to ensure implementation of decisions by the Managing Committee.

Public Relations Officer

The Public Relations officer shall endeavor to document and present an appropriate profile of the Association’s in the media, as decided by the Managing Committee. In case of emergencies the PRO in consultation with the President and any 3 other executive committee members, may deem it fit to issue interim press releases or statements. Such action must be ratified at the immediately following Managing committee meeting.

The incumbent shall be responsible to collect and evaluate under-lying Public Opinion, formulate and respond with Press / Media statements provide the Feedback to the Managing Committee.

Co-Ordinator – Liturgical Services

The incumbent shall o-ordinate the interaction of the association with the Catholic church in Kuwait and endeavor to procure and provide facilities and services to the church.

 

BENEFITS FOR MEMBERS

Mortuary Benefit

In case a member who has paid subscription upto the last calendar year expires in Kuwait, his family / kin will be eligible to receive KD 250/- to alleviate the trauma of documentation and dispatch of human remains to India. Additionally, placing obituary in the media and liturgical services will be arranged by KCWA. KCWA members will endeavor to provide assistance / advice in the process of documentation and dispatch.

Scholarship for Member’s children

The association will annually extend 5 grants of KD 100 each to member’s school going children by LUCKY LOTs at an appropriate function organized by KCWA.

The association will manage Merit based Scholarships for deserving students ) as proposed decided by donors / sponsors. (valid member’s child having minimum 6 months membership.

Other benefits shall be as proposed by the Managing committee and approved by the General Body from time to time.

The Managing committee shall in general arrange for the following tentative annual programs for the benefit of members at non-commercial tariffs, as is feasible.

1. Fellowship Dinner at the Monthi Saibinchem Fest On 8th Sept.

2. Children’s Christmas Tree in Dec.

3. Cultural program and Children’s competition in May

4. Family Picnic in Oct

The association may endeavor to conduct / co-ordinate commercial programs for fund raising.

 

GENERAL PROVISIONS

Conduct and Agenda for the General Body / Extra Ordinary General Body Meetings.

An AGBM / EOGBM shall be held 14 days after notifying Members through the local Media.

If conditions permit, such intimation maybe passed by Phone / Fax / eMAIL.

Only Issues placed on the Agenda by the Managing Committee shall be discussed.

Those issues raised by the Members during the AGBM / EOGBM under "any other Item" shall be placed in the Agenda of following "Managing Committee Meeting" and voted on in the following AGBM / EOGM discussed if necessary.

Voting by "Head count" shall generally be adopted in case of lack of consensus and shall be decided by simple majority. Secret ballot shall be adopted only if the AGM/ EOGBM so decides.

Any decisions required to be adopted on the issues presented outside the Agenda, shall be taken only at the following Managing Committee or AGBM / EOGBM as is appropriate.

The Use of Konkani shall be encouraged and appreciated for conducting the meetings. However, Language shall be not be the issue at any of the Association’s forum as long as it serves common interest of the Association.

Election procedure

    2. Election Commission to be appointed 45 days before election
    3. Rules – to be specified
    4. Supervision of polling
    5. Counting
    6. Recounting
    7. Any other (inviting suggestions)

Handing Over procedure

Audited Statement of Accounts

Files, Minutes Book, Attendance Register.

Lodging of Files, Original Records for Safe keeping with President.

Amendments

All amendments and updates shall be proposed to the duly called for General Body or Extra Ordinary General Body Meeting through a formal pre-arranged Agenda by the Managing Committee. Such amendments shall be placed in writing before the house, discussed and appropriately documented.

The amendments must then be adopted in a duly called for subsequent meeting by the General Body / Extra General Body with a quorum consisting of not less than 1/4th of total members and by a 2/3rd majority of the house present.