2010
CONSTITUTION
1.1. The name of the organization is the Guyana Animal Rescue Society which may be abbreviated GARS hereinafter referred to as The Society
1.2. The Society shall be a charitable, non-governmental, non-political and non-profit entity.
2.1. The Registered Office of the society shall be ______________________________________________________.
2.2. The Registered Office shall not be changed except by a resolution passed at a General Meeting of the society.
2.3. If the Registered Office is changed, the Society shall notify the Registrar of such change within 14 days. Name of society shall be painted and affixed outside of every office or place in which business of the society is carried out in a conspicuous position.
The mission of the Society includes promoting and fostering all those activities, works and objectives as related to animal rescue and sanctuary and includes, but is not limited to, the following purposes, goals and objectives:
3.1. To conduct and engage in the rescue of homeless, neglected, abused or wild animals or domesticated animals and provide care, food, shelter, medication, veterinary services, sanctuary or other health and welfare services as necessary for animals, their owners and/or the community and public at large;
3.2. To foster education, training, instruction and/or guidance as related to: the rescue of animals; the responsible and humane care and treatment of animals, the rescue, spay, neuter, and adoption of animals; and all other services or operations as related to the humane rescue and sanctuary for animals, domestic or wild;
3.3. To maintain a network of people, businesses, and organizations, working together to advance the rescue and sanctuary of animals which may also include using the Internet to advertise and promote the rescue and sanctuary of animals;
3.4. To focus efforts on establishing, maintaining, and operating an animal rescue and sanctuary, which may include, but is not limited to, providing an office, facilities, animal shelter, animal sanctuary, mobile animal rescue vehicles or units, and all other properties, equipment, vehicles, or other resources which may necessary for the operation and conduct of animal rescue and sanctuary.
3.5. To organize, conduct or and foster educations programs, training, workshops, publications, networking, co-operative developments and programs, exchange programs, or other activities and events as may relate to animal rescue and sanctuary;
3.6. To foster international relations and co-operative efforts, sponsorship, funding, awareness, relationship building, grant acquisition, and development and implementation of projects and programs related to the rescue and sanctuary of animals so as to achieve a better quality of life for both people and animals throughout the nation and the world;
3.7. To engage in any and all other activities, business, efforts, or enterprise which is legal and/or necessary for the conduct of an animal rescue and sanctuary business and achievement of these purposes and goals.
In carrying out its objectives the Society shall have the following powers:
4.1. To conduct and carry out all business and activities of the Society; to raise awareness with respect to all aspects of animal rescue and the need to provide for the humane care and treatment of animals;
4.2. To acquire, establish and support animal rescue centers, offices and sanctuaries; to conduct and foster all activities as related to animal rescue and the humane treatment and care of animals;
4.3. To maintain a website and on-line presence; to establish libraries, databases and educational resources; to publish reports, articles, essays, letters, art, graphics, videos, or other material and documents, including electronic or broadcast media, that may be of educational or informative aid to members of the Society and the general public;
4.4. To work with and disseminate information through primary and secondary schools, the University of Guyana and other educational establishments as well as through clubs, groups, churches, organizations or the general public;
4.5. To cooperate, collaborate and exchange information with other organizations whether national, foreign or international;
4.6. To arrange or hold exhibitions, meeting, training courses, workshops, seminars, fund raising events, concerts, lectures or other events either alone or with other organizations or individuals; to conduct or foster programs, research, animal welfare, the humane treatment of animals, and all educational efforts related to the objectives and purposes of the Society;
4.7. To advocate for the rescue, humane treatment, health, care, welfare and safe sanctuary of animals, including, but not limited to dogs, cats, horses, farm animals, other domestic animals, birds, and wildlife in general; to establish animal rescue shelters, offices, facilities, preserves, sanctuaries or other safe zones, sites and habitats; and to foster relevant legislation with respect to local, regional, national, and global plans, including treaties, conventions and agreements;
4.8. To establish and operate bank accounts and to invest any moneys of the Society not immediately required for use;
4.9. To purchase, acquire, sell or lease any land, buildings, plant, equipment, materials or other property;
4.10. To raise funds and invite and receive contributions from any person, group, agency or organization;
4.11. To employ and pay persons including any technical advisers or consultants to advise, supervise or carry out any work on behalf of the Society;
4.12. To create advisory boards, panels of experts, and committees to assist the Society;
4.13. To do all such lawful things as are necessary for or incidental or conducive to the attainment of the objectives, purposes, goals and mission of the Society.
5.1. Membership shall be open to any person who is in sympathy with the objectives, purposes, goals and mission of the Society; members are expected to accept the principles of the Society and to be bound by this Constitution and any rules of the Society:
5.2. There shall be four classes of membership
a) Executive membership;
b) Contributing membership;
c) Volunteer membership; and
d) Honorary membership
5.3. Executive membership must be not less than 21 years of age at the time of their application, be a founding member, or have three years of experience in the Society or a similar society or non-profit organization.
5.4 Contributing membership is anyone 18 years of age or older who makes a contribution to the Society at the time of their application. Categories of contributing membership may be established any executive member, committee or officers.
5.5. Volunteer membership is open to any persons who volunteers their work or in-kind-services to the Society at the time of their application.
5.6. Honorary member is anyone so granted membership by the Committee, as recommended by the President or by petition to the Committee from at least three (3) members, to any person who is not already a member and who they feel has provided so much assistance and support to the Society that their contribution should be recognized.
5.7. Any person who wishes to join the Society as a member must fill in an application form and submit it to the Society; members may also join through making an on-line application; all contributing members must make a categorical contribution to the Society.
5.8. Any person who applies to join the Society may be admitted as a member by the Committee by a vote of not less than two-thirds in favour or approval.
5.9. An Ordinary member is entitled to attend, speak and vote at any Annual or Special General Meeting of the Society unless he/she owes any subscription fee to the Society or has been suspended.
5.10. Any member who is under the age of 18 is entitled to attend and speak but not vote at any Annual or Special General Meeting of the Society.
5.11. An Honorary member is entitled to attend any Annual or Special General Meeting of the Society and may speak with the permission of the Chairperson. An Honorary Member has no voting rights.
6.1. A member will automatically cease to be a member if:
a) He/she gives the Secretary a written notice of resignation;
b) He/she is found guilty by a court of law of any felony crime
c) He/she is found guilty of a cruelty to animals charge by a court of law
d) He/she dies or is found to be incompetent by a court of law
e) He/she is commits any grievous offense or crime against the Society
a) To receive and approve the minutes of the last Annual General Meeting;
b) To receive the annual reports of the President and Secretary;
c) To receive and approve the annual audited accounts;
d) To elect the members of the Committee.
7.2. Meetings, including an Annual General Meeting, may be conducted and attended through on-line conference or other electronic means.
8.1. In each year at least one other general meeting known as a Special General Meeting shall be held for the purpose of reporting to members and discussing matters.
8.2. In addition the Secretary must call Special General Meetings whenever a majority of the members of the Committee request it; or
a) Not less than one-third of the members ask the Secretary to convene a Special General Meeting; or
b) Directed by the President to call the meeting under Clause 14.1.
8.3. Special General Meetings may be conducted and attended through on-line conference or other electronic means.
9.1. The quorum for an Annual General Meeting or for a Special General Meeting is two-thirds of the Ordinary members of which at least three must also be members of the Executive Committee.
9.2. An ordinary resolution has to be passed by a single majority of those present and entitled to vote.
9.3. A special resolution has to be passed by not less than two-thirds of those present and entitled to vote.
9.4. Except where specified elsewhere in this Constitution voting shall be by ordinary resolution.
a) An Annual General Meeting is not less than thirty (30) days notice.
b) A Special General Meeting is not less then seven (7) days notice.
10.2. Notice will be deemed to be properly given if
10.3. A written notice is given to the member; or
10.4. The date, time and place of the next meeting is fixed by resolution at a general meeting.
10.5. A written notice is published by the Society via email to all members or by posting on the Society's website.
11.1. The society shall be governed by an Executive Committee (the Committee) which shall consist of the following members:
a) President
b) Vice-President
c) Secretary
d) Treasurer
e) Three Coordinators
11.2. Members of the Committee shall be elected by a simple majority at the Annual General Meeting but no member shall be eligible for election if that member owes any subscription dues.
11.3. No member of the Committee shall serve as President for more than three consecutive terms.
11.4. No person shall hold more than one office on the Committee.
11.5. Nominations for the Committee must be made by a proposer and a seconder.
11.6. The Committee shall be responsible for the day to day administration and organization of the Society and may set rules, systems and procedures in order to ensure proper accountability and good governance.
11.7. The founding members of the Committee shall be as set out in the attached Schedule.
12.1. The Committee shall meet monthly at the registered office of the Society unless the Secretary notifies the Committee members of another location.
12.2. The Secretary shall give each Committee member at least three (3) days notice of a Committee meeting.
12.3. The President shall chair the meeting and in absence of the President, the Vice-President shall chair.
12.4. The quorum for a Committee meeting shall be three (3) members of the Committee.
12.5. Monthly meetings may be held via on-line conference or other electronic telecommunication means.
13.1. A member of the Committee may be suspended from office for activities prejudicial to the interests of the Society by a majority vote of those present at a meeting of the Committee
13.2. The Secretary shall immediately send to the suspended member a notice informing the member of suspension and giving the reasons for the suspension.
13.3. A Committee member (whether suspended or not) may be removed at any time by a majority vote of those present at a general meeting of the Society.
13.4. In the event that the Committee is not functioning in the best interests of the Society, members of the Society may request that a Special General Meeting be summoned for the purpose of considering the matter.
13.5. If in the opinion of the majority of the members is that the Committee should be removed, the members shall call upon the Committee members forthwith to vacate their seats and shall elect a Committee in their place.
14.1. The President shall
a) Present the annual report at the Annual General Meeting and/or publish said report on the Society's website.
b) Direct the Annual General Meeting generally
c) Direct the activities of the Society by assisting and coordinating the work of the Committee
d) Have the power to call a Special Meeting
e) Post, publish, and maintain the annual report or any other records of the Society that may be of general interest or importance to all Society members on the Internet at a website maintained by the Society.
f) Direct any other business of the Society through application of the Society's website.
14.2. The President shall have a casting vote in any circumstances.
15.1. The Vice-President shall
a) Support the President in carrying out the duties assigned to the President
b) In the absence of the President, carry out the Presidents functions
16.1. The Secretary shall:
a) Conduct the correspondence of the Society as directed by the Committee, including correspondence via email, teleconference, video conference or any other means necessary
b) Keep a register of members which shall be updated upon receipt of new information
c) Keep a complete and accurate record of the payment of any dues or subscription fees and notify the Treasurer accordingly
d) Maintain records for the Society including minutes of meetings which may be published on the Society's website
e) Carry out such other duties as would normally form part of the role of Secretary of an organization including reporting to the committee
f) Report to the Annual General Meeting
17.1. The Treasurer shall:
a) Deposit all funds in the Societys bank account without delay
b) Keep complete and accurate records of all financial transactions of the Society
c) Be responsible for collecting all fees and all monies from any fundraising event or any donor
d) Compile and submit to the Committee an itemized financial statement immediately after each fundraising event
e) Compile and submit to the Committee a monthly financial statement showing all receipts and expenditure for the previous calendar month and the amounts held in each account by the Society
f) Compile and submit to the Annual General Meeting annual accounts which give a true and fair reflection of the Societys financial position
g) Ensure that the annual accounts are audited by an independent auditor before presentation to the Annual General Meeting
h) Prepare and publish annual accounts and/or financial reports for publication on the Society's website
18.1. The Coordinator shall:
a) Assist the President and Vice-President to carry out their duties
b) Provide general support to the Committee.
c) Assist in any activities or business for the Society
19.1. The Committee shall ensure that the books of the Society are available for inspection by any member of the Society, the Auditor or any other authorized person upon not less than 24 hours notice.
19.2. All registers, books, financial records, financial statements, accounts and receipts shall be kept at the Registered Office.
19.3. Any member of the Society may obtain a copy of the Treasurers financial statement presented to the Committee or the audited accounts upon payment of a reasonable fee for photocopying; or the Treasure's financial statement may be published on the Society's website that it may be available freely for any person to see.
20.1. All funds which are raised, granted, donated to or on behalf of the Society, as well as gifts in kind shall be applied to further the mission and objectives of the Society.
20.2. All funds held by the Society shall be kept in a bank account (checking or savings).
20.3. Checks drawn on any account of the Society shall require the signature of:
a) The Secretary or the Treasurer; and
b) The President or Vice-President or Coordinator.
21.1. Members of the Society may be employed by the Society provided that the terms of such employment are approved by the Committee and that any fees or salary are not above market rates as reasonably determined by the Committee.
21.2. Members who incur expenses on behalf of the Society (including travel and purchase of materials for used) may be reimbursed by the Society provided that such expenses are authorized or approved by the Committee and receipts are given to prove all such expenses.
22.1. If any dispute arises under the Constitution or between any member or any aggrieved person who has ceased to be a member, and the Society or any officer of the Society it shall be decided by an independent Arbitrator appointed at the Annual General Meeting in accordance with Section 47 of the Friendly Society Act Chapter 36:04.
22.2. The Arbitrator shall fix a date for hearing the dispute and shall give a decision in the writing not less than 14 days after the hearing.
23.1. An auditor will be appointed by the Registrar to audit the records of the Society annually in accordance with Section 27 of the Friendly Society Act Chapter 36:04
24.1. No amendment may be made to this constitution unless such amendment is approved by not less than two-thirds of all members entitled to vote.
24.2. All amendments to the constitution must be notified to members not less than 30 days before a General Meeting at which the amendments are to be voted on.
24.3. Any resolution that seeks to make an amendment that may alter the status of the society from a charitable, non-governmental, non-political and non-profit making entity shall be void.
24.4. No amendment is illegal unless rejected by the Registrar
25.1. The society may have a seal, which may be a graphic image file, for usage upon all official Society documents, websites, or other publications.
25.2. The seal or an electron image file copy of the seal shall be kept by the secretary and may be used for official documents and correspondence of the society
25.3. The seal may also be used as a logo or symbol for the Society and may be used as a sign, emblem, badge, flag or other method to identify any official Society property.
26.1. No part of the net earnings of the society shall inure to the benefit of, or be distributed to its members, officers, or others private persons, except that the society shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof.
26.2. No substantial part of the activities of the society shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the society shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
27.1, Upon the dissolution of the Society, its debts shall be paid; any remaining assets shall be distributed for one or more purposes of the organization, or shall be distributed to as permitted by the Friendly Societies Act, for a public purpose by the Registrar.
27.2. Any such assets not disposed of shall be disposed of by the Registrar, administrative government officials, or agencies having this responsibility and jurisdiction, exclusively for such public purposes or to such societies or organizations having been organized exclusively for public purpose, as said Registrar, administrative government officials or agencies having jurisdiction in this matter shall determine, deem and so order.
28.1. Any provision that is not inconsistent with the law for the regulation of the internal affairs of the Society is permitted by the Society.
29.1. At no time shall the members or officers of the Society, incur or encumber any personal debts or liability for the Society; the members and officers are not to incur or encumber any personal debts or liability for the acts, deeds, hurt, harm, damages, or any other liability whatsoever, real or imagined, with respect to the Society which is solely responsible for all acts of the society.
For legal and tax purposes the Society shall use the date of certification of the Society by the Registrar.
IN SO AS GOD IS MY WITNESS, the undersigned member/s executes this Constitution on this ________________ day of ______________________________, 2010.
(Type name)
President
(Type name)
Vice-President
(Type name)
Secretary
(Type name)
Treasurer
(Type name)
First Coordinator
(Type name)
Second Coordinator
(Type name)
Third Coordinator