BARAKA STAFF WELFARE ASSOCIATION
CONSTITUTION
1. TITLE
The Constitution will be cited as BARAKA STAFF WELFARE ASSOCIATION Constitution
2. NAME
The name of the association shall be BARAKA STAFF WELFARE ASSOCIATION.
WELFARE: Refers to care, help and support.
3. OFFICE
The office of the Association shall be at Othaya House, Limuru P.O BOX 6 - 00217, Limuru.
4. OBJECTIVES
The objectives for which the Association is established are:
a) To bring staff together to think and work as members of one family.
b) Assist on an immediate basis in emergency matters.
5. MEMBERSHIP
a) Membership is open to all staff of BARAKA who are on permanent and pensionable terms, one-year contract or more and casuals above 6 months engagement period.
b) Every applicant for membership shall complete a “Registration Form”, attached as Appendix 1. Accompanying such a form shall be a registration fee determined by BARAKA Management Committee and ratified in an AGM.
c) Every registered member shall be required to pay a monthly contribution of KES. 300.00 (Three hundred shillings only) deducted directly from one’s salary through the check off system.
d) Membership to the Association shall cease with effect from a date of a member
i) Dying or,
ii) Being expelled from membership or,
iii) Exiting the Baraka employment or,
iv) Becoming certifiably insane
e) In case of a member exiting from the Baraka employment, the member shall be required to notify the welfare of such cessation through a written notice to the Chairperson. If a member ceases being a member before six (6) months of his/her registration, he or she gets no benefit if any.
f) A member can only benefit from the Association after having contributed for at least six months.
g) The Management Committee shall have powers to suspend a member from his/ her membership on the recommendation of the disciplinary committee. This shall be communicated to members in the subsequent AGM.
h) A suspended member may appeal to the Management Committee for review of his/her case. The Management Committee shall upon reception of the lounged appeal, constitute a three-bench appeals committee from the Management Committee. The appeals outcome shall be communicated to the Management Committee and a decision communicated to the aggrieved member within a month by the Management Committee. Expulsion of a member shall follow the procedure for suspension of a member. In addition, the final decision to expel a member shall be ratified by at least simple majority of subsequent AGM. The Management Committee shall communicate the expulsion to the aggrieved member.
6. FUNDS
The Association shall raise funds from the following sources
a) Members’ monthly contributions.
b) Registration fee
c) Interests charged on “I owe you” (IOU) extended to members by the Association
i) The Association shall extend IOU’s to members to a period determined by the Management Committee
ii) The Management Committee shall determine the interest chargeable on the IOU
iii) The Management Committee shall determine the type and number of such IOU‟s.
7. RECEIPTING FOR MONEY
a) An official receipt issued by the treasurer or an appointee of the Management Committee must evidence any money paid.
b) Money spent on behalf of Association must be evidenced by receipt, or other means ratified by the Management Committee, to facilitate an audit trail.
e) In case of a member exiting from the Baraka employment, the member shall be required to notify the welfare of such cessation through a written notice to the Chairperson. If a member ceases being a member before six (6) months of his/her registration, he or she gets no benefit if any.
f) A member can only benefit from the Association after having contributed for at least six months.
g) The Management Committee shall have powers to suspend a member from his/ her membership on the recommendation of the disciplinary committee. This shall be communicated to members in the subsequent AGM.
h) A suspended member may appeal to the Management Committee for review of his/her case. The Management Committee shall upon reception of the lounged appeal, constitute a three-bench appeals committee from the Management Committee. The appeals outcome shall be communicated to the Management Committee and a decision communicated to the aggrieved member within a month by the Management Committee. Expulsion of a member shall follow the procedure for suspension of a member. In addition, the final decision to expel a member shall be ratified by at least simple majority of subsequent AGM. The Management Committee shall communicate the expulsion to the aggrieved member.
6. FUNDS
The Association shall raise funds from the following sources
a) Members’ monthly contributions.
b) Registration fee
c) Interests charged on “I owe you” (IOU) extended to members by the Association
i) The Association shall extend IOU’s to members to a period determined by the Management Committee
ii) The Management Committee shall determine the interest chargeable on the IOU
iii) The Management Committee shall determine the type and number of such IOU‟s.
7. RECEIPTING FOR MONEY
a) An official receipt issued by the treasurer or an appointee of the Management Committee must evidence any money paid.
b) Money spent on behalf of Association must be evidenced by receipt, or other means ratified by the Management Committee, to facilitate an audit trail.
8. OFFICE BEARERS
The Welfare shall have 7 elected officials comprising of:
a) Chairman
b) Vice Chairman
c) Secretary
d) Assistant Secretary
e) Treasurer
f) Two ordinary Committee Members
9. MANAGEMENT COMMITTEE
The Management Committee shall run the affairs of the Association;
a) The Management Committee shall comprise of the chairman, vice chairman, secretary, assistant secretary and the treasurer
b) The two Ordinary Committee Members shall be invited to special Management Committee as may be decided by the Management Committee from time to time
c) The Management Committee meetings shall be made by at least presence of three (3) Management Committee Members present
d) The Management Committee may make such rules, not inconsistent with these by-laws, as they deem necessary for the conduct of the Association
e) Any such rules (as may apply to (d) above) shall be recorded in the minute file and shall take effect as determined by the Management Committee.
10. DUTIES
CHAIRMAN
The Chairman’s responsibility shall be to
a) Chair all Management Committee meetings and AGM
b) Ensure the Association’s constitution is protected and adhered to for all the
Association’s activities
c) Approve all membership applications
d) Sign all bank and cash transactions of the Association
VICE CHAIRMAN
The Vice Chairman shall perform the duties of the Chairman during the Chairman’s absence and shall perform such other duties as he/she may be assigned by the chairman and/or the AGM.
SECRETARY
The secretary shall;
a) Keep up to date records of the Association
b) Receive and file all correspondences
c) Send out all correspondences
d) Issue notices to convene meetings, take and keep minutes of all meetings
e) Be a signatory to the bank account and all cash transactions of the Association
ASSISTANT SECRETARY
The Assistant Secretary shall;
a) Deputize the secretary in all responsibilities except being a signatory to the bank account.
b) Perform all duties assigned to by the secretary or AGM or Management Committee
TREASURER
The responsibilities of the treasurer shall include;
a) To ensure that all money received is receipted and banked promptly.
b) To maintain full and complete records of the Association income and expenditure
c) To ensure safekeeping of the Association, monies, securities and books of account.
d) To ensure that all payments and expenditure are duly authorized
e) Shall be a signatory to all bank and cash transactions
SUPERVISORY COMMITTEE MEMBERS
The responsibilities of the supervisory committee members shall include;
a) To receive complaints from the members on issues to do with the welfare
b) To keep the Management Committee in track on running of the welfare
11. DISCIPLINARY COMMITTEE
The Disciplinary Committee shall carry out disciplinary actions against any member referred to it by the Management Committee. The Committee shall be constituted of
a) The Vice – Chairman: To Chair the Committee Meeting
b) Two Ordinary Committee Members
12. ELECTIONS
a) The office bearers shall hold office for 2 years from the date of their election, but officials shall be eligible for Re-election
b) Two-thirds (2/3) of the Management Committee members shall leave the office after their term expires (after 2 years) unless re-elected into office in an AGM. An office bearer, who ceases to be a member of the welfare, automatically ceases to be an office bearer thereof.
c) If an office bearer fails to attend two (2) consecutive Management Committee meeting without sending an apology, he/she shall be required to explain the circumstances of his/her absence to the Management Committee
in writing within a week of his/her last meeting absence. The reason shall be tabled in the Management Committee who shall discuss it. If the committee finds the reason(s) unacceptable, the officer’s position shall be subjected to disciplinary procedure as specified in 5 (g)
d) Election of office bearer shall be through casting of votes by secret ballot
13. BOOKS AND RECORDS
The Association shall keep up-to-date such books as necessary and in particular, shall keep the following books:
a) A register of members showing in respect of each member:
i) The date he/she was admitted to membership
ii) Next of kin and beneficiaries
iii) The date on which he/she ceased to be a member
b) Minutes files giving details of proceeding at General Meetings and all other committee meetings. The files shall be separated for each type of meetings as the secretary deems fits.
c) A cashbook showing details of all money received and/or expended or paid out by the Association.
d) A personal ledger for each member showing his/her transactions with the Association.
e) Such other books and records, as the Management Committee shall decide from time to time.
14. FINANCIAL YEAR
The financial year of the association shall be the same as the calendar year (January – December).
15. GENERAL MEETING
a) The welfare AGM can be held on any Saturday of February. Elections in the AGM shall occur once in every two (2) years, unless in special cases, after which the elected officials will take over office once the siting officials’ term expires.
b) The Management Committee may call a special General Meeting for any specific and urgent purpose. Notice in writing of such meeting shall be sent to all members not less than twenty one (21) days before the date thereof.
c) A special AGM may also be requisitioned for a specific/urgent purpose by order in writing to the secretary by not less than a third (1/3) of the registered members and such meetings shall be held within 21 days of the date of requisition.
d) The presence of at least twenty (20) members shall constitute a quorum for the conduct of business at any General Meeting. When the quorum is not at least twenty (20) members, the Chairman shall adjourn the meeting and shall set a date within twenty one (21) days for the adjourned meeting, which shall be advertised as prescribed in these by-laws. If at such a meeting, a quorum is again not sufficient; the Chairman shall declare the meeting open with those present.
e) In the absence of the Chairman, the Vice- Chairman shall preside over the General Meeting. In their absence, any Management Committee member elected by a majority of those present shall preside.
f) The Chairman has powers to adjourn a meeting should it prove disorderly. Any such adjourned meeting may be reconvened the same day or at another set date
g) Resolution shall be decided by a simple show of hands. In the case of equality of votes, the Chairman shall have a casting vote.
h) The general meetings shall be conducted and shall have the powers and duties as prescribed in these by-laws. The agenda of meetings shall include:
i) Confirmation of the minutes of the previous meeting
ii) Consideration of the statement of accounts, the audit report, and the reports of various committees and the activities of the Association during the year
iii) Consideration of membership of the Association iv) Elections
v) Other general activities of the Association
16. AUTHORIZATION TO SIGN DOCUMENTS
Unless decided otherwise by the AGM, cash transactions, cheques and other relevant documents as Management Committee may decide, shall be signed on behalf of the Association by
• The Chairman
• The Treasurer
• The Secretary
17. AUDITOR
a) An auditor shall be appointed at the Annual General Meeting. All the Association’s accounts, records and documents shall be open to the inspection of the auditor at any time.
b) The auditors shall present a full and accurate report of the Association’s financial position to the members during an Annual General Meeting.
c) The auditor shall be paid such amounts for his/her duties as may be resolved by the AGM appointing him/her.
d) No auditor shall be an office bearer or a member of any committee of the Association.
e) Voting of the auditor shall be by simple show of hands. In-case of a tie, the Chairman shall have a casting vote.
iii) The date on which he/she ceased to be a member
b) Minutes files giving details of proceeding at General Meetings and all other committee meetings. The files shall be separated for each type of meetings as the secretary deems fits.
c) A cashbook showing details of all money received and/or expended or paid out by the Association.
d) A personal ledger for each member showing his/her transactions with the Association.
e) Such other books and records, as the Management Committee shall decide from time to time.
14. FINANCIAL YEAR
The financial year of the association shall be the same as the calendar year (January – December).
15. GENERAL MEETING
a) The welfare AGM can be held on any Saturday of February. Elections in the AGM shall occur once in every two (2) years, unless in special cases, after which the elected officials will take over office once the siting officials’ term expires.
b) The Management Committee may call a special General Meeting for any specific and urgent purpose. Notice in writing of such meeting shall be sent to all members not less than twenty one (21) days before the date thereof.
c) A special AGM may also be requisitioned for a specific/urgent purpose by order in writing to the secretary by not less than a third (1/3) of the registered members and such meetings shall be held within 21 days of the date of requisition.
d) The presence of at least twenty (20) members shall constitute a quorum for the conduct of business at any General Meeting. When the quorum is not at least twenty (20) members, the Chairman shall adjourn the meeting and shall set a date within twenty one (21) days for the adjourned meeting, which shall be advertised as prescribed in these by-laws. If at such a meeting, a quorum is again not sufficient; the Chairman shall declare the meeting open with those present.
e) In the absence of the Chairman, the Vice- Chairman shall preside over the General Meeting. In their absence, any Management Committee member elected by a majority of those present shall preside.
f) The Chairman has powers to adjourn a meeting should it prove disorderly. Any such adjourned meeting may be reconvened the same day or at another set date
g) Resolution shall be decided by a simple show of hands. In the case of equality of votes, the Chairman shall have a casting vote.
h) The general meetings shall be conducted and shall have the powers and duties as prescribed in these by-laws. The agenda of meetings shall include:
i) Confirmation of the minutes of the previous meeting
ii) Consideration of the statement of accounts, the audit report, and the reports of various committees and the activities of the Association during the year
iii) Consideration of membership of the Association iv) Elections
v) Other general activities of the Association
16. AUTHORIZATION TO SIGN DOCUMENTS
Unless decided otherwise by the AGM, cash transactions, cheques and other relevant documents as Management Committee may decide, shall be signed on behalf of the Association by
• The Chairman
• The Treasurer
• The Secretary
17. AUDITOR
a) An auditor shall be appointed at the Annual General Meeting. All the Association’s accounts, records and documents shall be open to the inspection of the auditor at any time.
b) The auditors shall present a full and accurate report of the Association’s financial position to the members during an Annual General Meeting.
c) The auditor shall be paid such amounts for his/her duties as may be resolved by the AGM appointing him/her.
d) No auditor shall be an office bearer or a member of any committee of the Association.
e) Voting of the auditor shall be by simple show of hands. In-case of a tie, the Chairman shall have a casting vote.
18. BENEFICIARIES
The beneficiaries of the welfare funds/allocations shall include;
a) Registered member
b) Nuclear family members declared by the registered member. This shall constitute the spouse, children aged below 18 (eighteen) years of age and children between 18 (eighteen) and 21 (twenty one) years with evidence that the child is in a learning institution.
c) Declared parents of the registered members, both from the member and/or spouse. The parents shall be the mother and a father to the member and spouse
The allocations shall be as follows subject to review from time to time by the Management Committee;
a) Registered Member
i) Upon Hospital admission, due to illness, for more than three nights: Cash of KES. 5,000 (Five thousand shillings only)
ii) Upon death: Cash of KES. 50,000 (Fifty thousand shillings only) and facilitation of at least two members of the Association to the burial
iii) Upon wedding: Gift worth KES. 5000 (Five thousand shillings only)
b) Declared spouse
i) Upon hospital admission, due to illness, for more than three nights: Cash of KES. 3,000 (Three thousand shillings only)
ii) Upon death: Cash of KES. 30,000 (Thirty thousand shillings only) and facilitation of two members of the Association to the burial
c) Declared child
i) Upon hospital admission, due to illness, for more than three nights: Cash of KES. 3,000 (Three thousand shillings only)
ii) Upon death: Cash of KES. 30,000 (Thirty thousand shillings only) and facilitation of two members of the Association to the burial
d) Declared parent
i) Upon hospital admission, due to illness, for more than three nights:
Cash of KES. 2,000 (Two thousand shillings only) ii) Upon death: Cash KES. 20,000 (Twenty Thousand Shillings only) and facilitation of two members of the Association to the burial
Note: For hospitalizations, a member can only claim a maximum of three (3) times per beneficiary in a financial year.
19. DISSOLUTION
The welfare shall not be dissolved except by resolution passed at a General Meeting of members by a vote of a two-thirds majority of the members present. The quorum at the meeting shall be at least three- quarters of the registered members of the Welfare. After dissolution, the funds of the welfare shall be shared out to all members according to each member’s portfolio.
The beneficiaries of the welfare funds/allocations shall include;
a) Registered member
b) Nuclear family members declared by the registered member. This shall constitute the spouse, children aged below 18 (eighteen) years of age and children between 18 (eighteen) and 21 (twenty one) years with evidence that the child is in a learning institution.
c) Declared parents of the registered members, both from the member and/or spouse. The parents shall be the mother and a father to the member and spouse
The allocations shall be as follows subject to review from time to time by the Management Committee;
a) Registered Member
i) Upon Hospital admission, due to illness, for more than three nights: Cash of KES. 5,000 (Five thousand shillings only)
ii) Upon death: Cash of KES. 50,000 (Fifty thousand shillings only) and facilitation of at least two members of the Association to the burial
iii) Upon wedding: Gift worth KES. 5000 (Five thousand shillings only)
b) Declared spouse
i) Upon hospital admission, due to illness, for more than three nights: Cash of KES. 3,000 (Three thousand shillings only)
ii) Upon death: Cash of KES. 30,000 (Thirty thousand shillings only) and facilitation of two members of the Association to the burial
c) Declared child
i) Upon hospital admission, due to illness, for more than three nights: Cash of KES. 3,000 (Three thousand shillings only)
ii) Upon death: Cash of KES. 30,000 (Thirty thousand shillings only) and facilitation of two members of the Association to the burial
d) Declared parent
i) Upon hospital admission, due to illness, for more than three nights:
Cash of KES. 2,000 (Two thousand shillings only) ii) Upon death: Cash KES. 20,000 (Twenty Thousand Shillings only) and facilitation of two members of the Association to the burial
Note: For hospitalizations, a member can only claim a maximum of three (3) times per beneficiary in a financial year.
19. DISSOLUTION
The welfare shall not be dissolved except by resolution passed at a General Meeting of members by a vote of a two-thirds majority of the members present. The quorum at the meeting shall be at least three- quarters of the registered members of the Welfare. After dissolution, the funds of the welfare shall be shared out to all members according to each member’s portfolio.
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