The Constitution of
Holistic Enrichment Association for Recources and Technologies (HEART)
1. THE ASSOCIATION
1.1 This Association shall be known as the “Holistic Enrichment Association for Resources & Technologies”, hereinafter referred to as the “Association”.
2. PLACE OF BUSINESS
2.1 Its place of business shall be at 81 Ubi Avenue 4, #11-05 Singapore 408830 or such other address as may subsequently be decided upon by the Council and approved by the Registrar of Societies. The Association shall carry out its activities only in places and premises which have the prior written approval from the relevant authorities, where necessary.
3. OBJECTS
3.1 Its objects are:
- The Association is set up as the professional body to represent the interests of enrichment educators, practitioners, trainers & various stakeholders of the Enrichment Industry in Singapore. The stakeholders identified are the students, parents, schools, Ministry of Education, relevant government bodies and all Non Government Organisations including Charities.
- The Association will strive to set a quality training skills standards for its members – educators, practitioners, trainers in Singapore’s Enrichment Industry, and these standards are to be benchmarked against equivalent local or international standards ( see point c).
- The Association will also seek to be the standard bearer for the local Enrichment Standards for training and trainers via the Association Certification Courses for enrichment educators, practitioners and trainers. We strive to align with or to complement any national & international competency framework, whenever feasible.
3.2 In furtherance of the above objects, the Association may also be involved in furtherance of the Enrichment Industry standards and learning by;
- Providing Enrichment Industry Training & Certification Programs for enrichment educators, practitioners, trainers in the Enrichment Industry
- Organising & Participating in Enrichment Conference/ Exhibitions/ Trade Shows / Seminars for national, regional and international events to enrich & improve the standards of the local Enrichment Industry
- Organising Public Events and Activities for the betterment of the Enrichment Industry with various bodies, institutions and authorities, locally and internationally
3.3 MISSION & VISION
- Mission: To cultivate a long term, sustainable ecosystem of enrichment educators, practitioners, trainers who are in close partnership with the relevant authorities and the wider community, working to fulfil the fullest potential of every learner.
- Vision: Every student’s right and potential to learn is fulfilled through a mutually-beneficial partnership between stakeholders and enrichment educators, practitioners, trainers in Singapore and beyond.
4. MEMBERSHIP QUALIFICATIONS AND RIGHTS
4.1 Membership is open to all enrichment related companies & individuals with Singaporean / Permanent Residents and Employment Pass holders status.
- Corporate Membership (with payable annual fees of S$190 per annum) – this is open to any type of companies regardless of whether it is an international company, partnership or sole proprietorship, and is identified by its unique company registration numbers. Each corporate membership, regardless of the number of employees is allowed to join as a SINGLE member with a SINGLE voting right. Each company will have a nominated representative (or a proxy in the absence of the nominated representative) for the year of membership. All corporate members are to participate and be involved in all the Association activities – private functions or organised public events and they have Voting Rights.
- Individual Membership (with payable annual fees of S$90 per annum) – this is open to individuals who are educators, practitioners, trainers employed in the Enrichment Industry or individuals who have interest to be in the Enrichment Industry. Individual members are to participate and be involved in all the Association activities – private functions or organised public events and they have NO Voting Rights.
- Student Members (free & open to all students age from 16 to 30 years) – this is open to individuals who are schooling or in tertiary level of education. They may participate in the association’s organised public activities / events for free or at subsidised rates. Student members have NO Voting Rights.
- ‘Fellowship’ Members ( Honorary membership & prestigiously invited ) – individual who have been recognised as significant Association stalwarts & have contributed immensely to the enrichment industry. They will be given recognition in the office of the association and treated at the right level accorded them in each activity / event of the association where appropriate. These Fellowship Members would be invited to all association’s organised activities / events without charge and they shall have NO Voting Rights. Fellowship members will be accorded life time membership and be nominated by at least 5 corporate members, voted with at least 90% supporting vote count from the group of the current sitting Council Members + Existing Fellows in each term year. Such voting can be taken in a sitting meeting or an offline vote / phone vote / email vote.
- Retiree Memberships, the Annual Fee is waived each year of membership. Retiree Membership application process has to be supported by a photocopied NRIC / Passport proof of birth date. Anyone who is or more than 65 years of age can be admitted to the Association Retiree Membership with the soft copy Photo, CV and Application form. Retiree Membership has NO Voting Rights.
- Persons who are below 21 years of age shall not be accepted as members without the written consent of their parent or guardian.
4.2 Only Individual members who are 25 or above years of age can be nominated & voted be able to hold office in the Association.
5. APPLICATION FOR MEMBERSHIP
5.1 A Company wishing to join the Association must be proposed and seconded by existing members in writing or email. The company name will then be posted on the notice board / website in the Association premises for one MONTH at the end of which time the Council will decide on membership, taking into consideration any objection raised. The Council will have the final right of decision on the application for Corporate Membership with respect to any objection raised. The council decision will be final and any appeal will be taken into further reconsideration by the NEXT sitting Council for the new term year. Upon approval, the company should then submit the company information & relevant particulars to the Secretary on a prescribed “Corporate” Application Form” to join as Corporate Member, together with a recent softcopy or photocopy of the company business profile and the annual membership fees.
5.2 An Individual member wishing to join the Association should submit his particulars to the Secretary on a prescribed “Individual Application Form” to join as Individual Member, together with a recent softcopy photograph, a softcopy CV and the annual membership fees. The council will then be notified of these applicants and the processing of the application. Council reserve the right to stop any Individual application & not to approve any Individual Membership without the need to give reasons.
5.3 A copy of the Constitution shall be furnished to every approved member upon payment of the Annual Fee.
5,4 Code of Conduct for all members
Aim of this Code of Conduct
The Code of Conduct is deemed as an important documented standard expected of every individuals linked to the Association. The Code of Conduct is for the well being and running of the Association with regards to every members &/ employees professional conduct in the course of work duties for the association. It provides a set of general principles to guide the Association staffs & members in their conduct as employees & members respectively. These principles are designed to give guidance to Association when making both professional and personal decisions.
Applicability of the Code
The requirements of the Code of Conduct apply to members / employees in the daily performance of their work duties. Moreover, members / employees need to be aware that inappropriate or improper conduct even outside of the work environment or outside of normal working hours may still be regarded as misconduct and may bring their professional suitability into question.
Enforcement of the Code of Conduct
If any member / employee engages in conduct which may constitute a breach of this Code of Conduct, the Association employee / member may be the subjected to any formal disciplinary action as appropriate , including the engagement of the governmental laws, legal actions and relevant authorities This discipline action may also include termination of employment or expel from membership of the association.
Our Values
The Association promotes professionalism at every level in ethical practice and appropriate standards of conduct and behaviour, and is committed to work and learning environments where all individuals are treated with respect and dignity. Therefore, the actions of employees / members are to be guided by the Association’s values. These values reflect social responsibilities owed to fellow members, students, parents, general public, corporations, government authorities, and to each other.
The Other Values that the Association upholds are;
- Adaptability
- Collaboration
- Charitable
- Excellence
- Positivity
- Forward-looking
- Holistic
- Integrity
- Resourcefulness
- Respect
Our Cause
For students:
We believe that each student has the capacity and the right to pursue quality learning both within and beyond what is mandated in schools; our Association’s work is to enable us to fulfil such learning sustainably.
For self (Members):
We believe that quality learning is a crucial element that enables a vibrant and productive country, and the practices – be they individuals or business establishments – which provide it should be treated fairly, with respect and equity by all in the country they serve.
Learning:
We have a positive approach to learning and encourage it in others; we advance
student learning based on our belief that all students have the capacity to learn.
Excellence:
We set standards which we believe will uphold the excellence, integrity and well-being of enrichment practices, believing this will lead to quality learning for students, as well as long term, sustainable operations of all practices that provide such learning.
Equity:
We strive to create workplaces, operating environments and standards that are free of discrimination, abuse or exploitation.
Responsibility:
We treat all individuals with care. Our relationships are based on trust, mutual respect and self-initiated responsibility to uphold our Cause. We actively seek to create and maintain mutually-beneficial partnerships with relevant authorities and the wider community that enable us to provide quality learning for our students in a long term and sustainable manner.
Conflicts of Interest
As employees / members of the Association we ensure that our private interests and affiliations do not conflict, or appear to conflict, with our Values. In practice this means employees / members:
- verify that personal, financial or political interests of themselves or those of their family and/or associates do not conflict with, or influence, their professional obligations;
- make appropriate declarations of all actual, potential or perceived conflicts of interest; and
- Properly manage any actual, potential or perceived conflict of interest
Managing the Poaching of Staffs
It is deem professional & important that the members of the association do not poach staffs from other companies in the association. We would expect all members to behave with dignity in this area with a gentlemen’s agreement not to poach staffs or make offer to staffs from other member company.
6. ANNUAL FEES AND OTHER DUES
6.1 There shall be different annual fees payable for all members according to the membership types. Annual fee will be renewed on the last day of December every year. This will facilitate renewal and prorate computation for everyone in the new year. All membership fees are payable on site or online through any official payment system / cheque or credit card payment gateway.
6.2 The annual fees and subscriptions shall be determined by the sitting Council from time to time.
6.3 There shall be a S$190 Annual Fee for Corporate Membership & S$90 annual fee for Individual Membership payable by members for 1 year or prorate till the last day of December of each year . The funds of the Association shall ALSO be derived from the various association’s organised public activities / events / training courses & any Associations certifications programs.
6.4 For Student memberships, the Annual Fee is waived. Student Membership application process has to be supported by a photocopied NRIC / Passport proof of birth date. Anyone who is 16-30 years of age can be admitted to the Association Student Membership with the soft copy Photo, FULL TIME Student Status , evidence of full time school / institution and Application form. Part time students are not to be considered for Student Membership.
6.5 For retiree memberships, the Annual Fee is waived. Retiree Membership application process has to be supported by a photocopied NRIC / Passport proof of birth date. Anyone who is or more than 65 years of age can be admitted to the Association Retiree Membership with the soft copy Photo, CV and Application form.
6.6. Group Individual Membership. There is a desire to provide a group membership discount scheme for members. This scheme will be reviewed and released accordingly when ready or upon official request.
6.7 Fund Raising & Donations Campaigns – The Association may raise fund through Fund Raising or Donations Campaigns from time to time according to the needs / projects the Association plan to embark. Such Fund Raising & Donations Campaigns shall be determined by the Council through a simple majority vote process during the term.
6.8 (A) Fund-raising appeal records (Singapore Statues online – Association Regulations)
- The Chairman, secretary and treasurer (or other officers holding analogous positions) of every registered Association which conducts a fund-raising appeal shall — keep or cause to be kept proper accounts and other records of the fund-raising appeal; and do all things necessary to ensure that all payments out of the proceeds are correctly made and properly authorised
- All books of accounts relating to the fund-raising appeal shall be prepared and kept by the registered Association on a basis consistent with generally accepted accounting principles, standards and practices.
- Without prejudice to paragraph (1), every registered Association which conducts any fund-raising appeal referred to in that paragraph shall, in particular, maintain records as to — the name of each person authorised to participate in the fund-raising appeal;
- the dates on which the fund-raising appeal commenced and concluded;
- the gross proceeds received in response to the fund-raising appeal;
- the net proceeds applied to the purpose for which the fund-raising appeal was conducted and the means by which they are distributed; and the items of expenditure disbursed from the proceeds.
- The Chairman, secretary and treasurer (or other officers holding analogous positions) of every registered Association shall, within 60 days of the conclusion of any fund-raising appeal referred to in paragraph (1) or within such extended period as may be allowed by the Registrar, furnish to the Registrar a statement of accounts (income and expenditure and balance-sheet) relating to the fund-raising appeal audited by the Association’s auditor.
- The Chairman, secretary and treasurer (or other officers holding analogous positions) of a registered Association who fail to comply with any requirement of this regulation shall each be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, where the offence is a continuing one and relates to the failure to submit the statement of accounts within the stipulated period, to a further fine not exceeding $50 for every day after the first day during which the offence continues after conviction (Refer Singapore Statues online – Societies Regulations).
6.8 (B) Fund Raising Campaigns From Public. The Association will set aside at least 30% of its fund collected from the Fund Raising Campaign for the Charities1 or FAS students (Financial Assistance Scheme) for enrichment purposes. This application for the fund can be made officially to the Association, and will be dispensed using Association Vouchers with expiry dates to be utilised accordingly with the Enrichment Programs managed by the members of the Association. The organisation(s) to which the Association will dispense its funds will be decided by the Council. The Council will vote on the recipient(s) and the amount dispensed, in the case of multiple recipients, the allocation or the percentages as decided by the council. ( 1. Charities related to children, youth and education purposes.)
6.9 Corporate Sponsorship – all corporate sponsorship funds are accumulated for the running of the Association. Every Calendar year, the names of the Corporate Sponsors and their sponsorship amount will be put up on a Wall of Legacy ( Physical Wall or Website / Online) as a way for transparency & official accountability to all parties. However, at least 30% of these annual sponsorship will be designated as a ‘Bursary Fund” for Schools & Students alike to apply for financial assistance in Enrichment Courses & Training. The Fund may snowball to the following year, if it is not used up each calendar year. It is a key objective of the Association that this “Bursary Fund” is to be fully dispersed each year for the needy students for their enrichment courses.
6.10 Membership fees are payable annually in advance within the 30 days after the renewal date[ last day of December each year ]*. If a member falls into arrears with his membership fees or other dues, he shall be informed immediately by the Treasurer. If he fails to settle his arrears within Eight ( 8 ) weeks of their becoming due, the Chairman may order that his name be posted on the Association’s onsite notice board ( No public website or Social Media allowed ) and that he be denied the privileges of membership until he settles his account. If he fails to settle his arrears for more than three (3) months, he will automatically cease to be a member and the Council may take legal action against him provided that they are satisfied that he has received due notice of his debts.
6.11 Any change in Membership Fee or additional fund required for special purposes may only be raised from members with the approval of the sitting Council, base on a simple majority vote of the council members.
6.12 The income and property of the Association when so ever derived shall be applied towards the promotion of the objects of the Association as set forth in this Constitution and no portion thereof shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise howsoever by way of profit to the persons who at any time are or have been members of the Association or to any of them or to any person claiming through any of them.
6.13 This membership fees collected & income generated by the association shall be used for the general Association expenses for event management / activities / office usage / equipments / premise rental & employment (including bonuses) of employees.
7. SUPREME AUTHORITY AND ANNUAL GENERAL MEETINGS
7.1 The supreme authority of the Association is vested in an General Meeting of the members – and this can be called as Annual General Meeting ( AGM or Extraordinary General Meeting (EGM) called under certain circumstances.
7.2 An Annual General Meeting shall be held in locally in Singapore once annually, during the terms of the period of 12 month (to be assigned by the Registry of Societies).
7.3 At other times, an Extraordinary General Meeting must be called by the Chairman on the request in writing of not less than 25% of the total voting Corporate Membership or twenty five (25) voting members, whichever is the lesser, and may be called at anytime by order of the Council. The notice in writing shall be given to the Secretary setting forth the business that is to be transacted. The Extraordinary General Meeting shall be convened within two (2) months from receiving this request to convene the Extraordinary General Meeting.
7.4 If the Council does not within two (2) months after the date of the receipt of the written request proceed to convene an Extraordinary General Meeting, the members who requested for the Extraordinary General Meeting shall convene the Extraordinary General Meeting by giving ten (10) days’ notice to voting members setting forth the business to be transacted and simultaneously posting the agenda on the Association’s notice board. There can only be 1 EGM limited to each sitting Council in the 12 month period – this is to avoid calling of too many EGM within the 12 month period and incur additional cost burden & lost of productivity for the association.
7.5 At least four (4) weeks’ notice shall be given of an Annual General Meeting and at least fourteen (14) days’ notice of an Extraordinary General Meeting. Notice of meeting stating the date, time and place of meeting shall be sent by the Secretary to all voting members by emails & on the Association Notice Board / Website. The particulars of the agenda shall also be sent to members during the notice emails plus posted on the Association’s notice board / website four (4) days in advance of the meeting.
7.6 Proposals & Vote count in Meetings – while voting by Corporate proxy is not allowed at all General Meetings. Voting can be send in officially by email / official mail prior to the AGM or EGM meetings. Any proposal which is adopted by a resolution of a two-third majority of the members voting present at the meeting plus the number of official votes submitted or sent prior to the meeting shall be valid and binding upon all members.
7.7 The following points will be considered at the Annual General Meeting:
- The previous financial year’s accounts and annual report of the Council.
- Where applicable, the election of office bearers and Honorary Auditors for the following term. Any member who wishes to place an item on the agenda of a General Meeting may do so provided he gives notice to the Secretary six (6) week before the meeting is due to be held.
7.8 At least 25% of the total voting membership or twenty five (25) voting members, whichever is the lesser, present at an Annual General Meeting shall form a quorum and they shall have power to amend any part of the existing Constitution. Voting member can send in early prior to AGM meeting to register their votes. Proxies shall not be constituted as part of the quorum.
7.9 ANNUAL GENERAL MEETING ( AGM )
- The Association shall hold an Annual General Meeting ( AGM ) of members once in a designated 12 month period subject to the final Registry of Societies approval & registration of the Association.
- To confirm the Minutes of the last Annual General Meeting
- To receive, and if approved, pass the Report and Accounts for the previous year
- To elect the office bearers to fill the vacancies of up to 17 member council including the 6 key appointment members of the Council. The 6 key appointment holders must not hold the same key appointment for 3 consecutive years (ie the Chairman, Deputy Chairman , Secretary, Deputy Secretary, Treasurer and Deputy Treasurer)
- All Appointment holders & Deputy Appointment Holders must not be the same person with the same key appointment holder, 3 years in row);
- To appoint Auditors for the ensuing year, and
- To transact any other business which may be properly brought before such meeting; on other matters raised, the decision of the sitting Chairman holding the meeting shall be final.
- Effective start of Association till 30 December 2016: Nominations for election to the Council must be received at least 10 days before the date of the Annual General Meeting. Each member standing for election must be nominated by a member and seconded by another member, and the nominee must confirm in a letter of nomination his willingness to serve if they are not present at the AGM meeting, otherwise the nominee can confirm his nomination on site at the AGM meeting. Only members who have been members of the Association for not less than Six (6) months before the date of the Annual General Meeting shall be eligible to be elected to the Council
- To come into effect from 31 December 2016: Nominations for election to the Council must be received at least 10 days before the date of the Annual General Meeting. Each member standing for election must be nominated by a member and seconded by another member, and the nominee must confirm in the letter of nomination his willingness to serve it they are not present at the AGM, otherwise the nominee can confirm his nomination on site at the AGM meeting. Only members who have been members of the Association for not less than two (2) continuous years before the date of the Annual General Meeting shall be eligible to be elected to the Council
7.10 AMENDMENT TO THE CONSTITUTION
- No amendment to the Constitution shall be made except at an Annual General Meeting or at an Extraordinary General Meeting specially convened for that purpose.
- Any proposed amendment to the Constitution shall be submitted, duly proposed and seconded in writing, to the Council to be included into the agenda of meeting.
- The Secretary shall thereupon circulate the same to members and shall table them at the Annual General Meeting or if no such meeting is forthcoming convene an Extraordinary General Meeting to consider and, if thought fit, to adopt such proposal with or without modification.
- The notice convening any such meeting shall set forth the mover’s proposal and the reasons there for which he may have given.
- Any proposal which is adopted by a resolution of a two-third majority of the members present and voting at the meeting and which has been approved by the Registrar of Societies, shall be valid and binding upon all members.
MANAGEMENT AND COUNCIL
7. 11 MAKE-UP OF COUNCIL
- Propose maximum of 17 seats on the Council (for 17 Corporate Member)
- The Council will strive to maintain at most 3 members from the same enrichment DISCIPLINE, inclusive of one of its sub-discipline (e.g. performance arts, sports, outdoor adventure, life skills, academic, digital arts, classical arts, I.T.). The spread of representation should be garnered from the ENTIRE Association. After all, the Association’s voice to the government is not based only on those on the Council, but all the members within the Association.
7.12 DECLARING INTERESTS.
If a Corporate Member is nominated into the Council, it is this Member’s responsibility to declare interests (e.g. if the company is owned, in part or in whole, by a stakeholder who is already in the Council, or shares the same stakeholder as another Corporate Member in the Council). (Note to DISPUTE Council – For enforcement’s sake, we could include a possible denial of application or membership for a year, should it be discovered that interests were not honestly declared.)
7.13 The administration of the Association shall be entrusted to a Council of up to 17 members consisting of the following to be elected at [each / alternate]* Annual General Meeting:
- A Chairman
- A Deputy Chairman
- A Secretary
- A Deputy Secretary
- A Treasurer
- A Deputy Treasurer
Unless with the prior approval in writing of the Registrar or an Assistant Registrar of Societies, majority of the Council Members shall be Singapore Citizens. In addition, the Chairman, Secretary, Treasurer and their deputies shall be Singapore Citizens or Singapore Permanent Residents. Foreign Diplomats shall not serve as Council Members.
7.14 Names for the above offices shall be proposed and seconded at the Annual General Meeting and election will follow on a simple majority vote of the members. The term of office of the Council is one year.
7.15 Election will be either by show of hands or, subject to the agreement of the majority of the voting members present, by a secret ballot. In the event of a tie, a re-vote shall be taken and if it still results in a tie, the Chairman of the meeting shall have a casting vote.
7.16 A Council Meeting shall be held frequently, after giving fourteen ( 14 ) days’ notice to Council Members. The council is expected to meet at least 10 times a year with respect to the heavy commitments the enrichment companies faced in the different periods of academic year. This does not take into consideration the different projects / sub committees meeting in the Association.The Chairman may call a Council Meeting at any time by giving five (5) days’ notice. Majority of the Council Members must be present for its proceedings to be valid. The quorum for such meeting shall be more than 50% of the sitting council or nine ( 9 ) that is formed from the sitting 17 Council Members.
7.17 Any member of the Council absenting himself from three (3) meetings consecutively without satisfactory explanations shall be deemed to have withdrawn from the Council and a successor may be co-opted by the Council to serve until the next Annual General Meeting. Any changes in the Council shall be notified to the Registrar of Societies within two (2) weeks of the change.
7.18 The duty of the Council is to organise and supervise the daily activities of the Association. The Council may not act contrary to the expressed wishes of the General Meeting without prior reference to it and shall always remain subordinate to the General Meetings.
7.19 The Council has power to authorise the expenditure from the Association’s funds for the Association’s purposes. The expenditure control is to set different limits with different number of signatories . Hence all expenditure and control approval is set at S$10K with 2 signature, and 3 signatures if more than S$10K. ( this is to be in accordance to minimum of 3 quotes ). The sitting Treasurer MUST always be one of the signature regardless of the amount.
7.20 POWERS AND FUNCTIONS OF THE COUNCIL . The Council shall have the following powers and functions:
- To decide all matters concerning the management and working of the Association. All such decisions are to be made by simple majority voting, where applicable, in official council meetings and must be minuted for all members purview. The minutes of each council meetings will be put up within 2 weeks in a secure section of the Association website / portal. Minutes may be email to members upon requests.
- To be the sole and exclusive interpreter of these by-laws or rules.
- To employ and remunerate all categories of staff and agents as required and to discipline and discharge same where warranted. No employee or agent of the Association whether a member of the Association or not, may vote at any meeting of the Association.
- To delegate its powers and duties and to refer any matter to a sub-Council or person, provided, however, that any decision or action of the sub Council or person shall have no force or effect until it is confirmed by the Council.
- To authorise payment of travelling expenses and allowances of any of the Council members and employees on authorised business of the Association.
- To purchase, hire, make or provide and maintain all kinds of furniture, implements, tools, utensils, plate, glass, linen, books, papers, periodicals, stationery, games and other things required, or which may be conveniently used in connection with any club house and other premises of the Association by persons frequenting the same, whether members of the Association or not.
- To purchase motorcars, motorcycles and other vehicles and plant and equipment for the purposes of Association.
- To purchase, prepare, make, supply and sell and deal in all kinds of apparatus, appliances and accessories used in connection with any of the Association‘s official activities like Training / Event Management / Activities with motoring and all kinds of provisions and refreshments required or used by the members of the Association or other persons frequenting the club house or other premises of the Association.
- To invest and deal with monies of the Association, not immediately required, in such securities and in such manner as may from time to time be determined by the Council.
- To decide on or to vary, as the Council in its sole discretion thinks expedient, the rates for membership Annual Fee, membership category and/or membership subscription from time to time according to prevailing conditions or circumstances.
- To make by-laws consistent with these Rules for the proper administration of the Association, and where it considers necessary, to amend and repeal such by-laws. All by-laws and regulations made by the Council under this Clause, until repealed by the Council or set aside by a resolution at a General Meeting of the Association, shall be binding upon all the members.
- To adopt such means as it deems sufficient to bring to the notice of members of the Association all bye-laws and amendments to such bye-laws.
- Any proposal or arrangement to dispose of any asset having a net book value of or exceeding $200,000 shall be approved at an Extraordinary General Meeting by resolution of a two-third majority of the members of the Association present and voting at such meeting.
8. Fair Purchasing Process
8.1 As a best practise, the Association has to request for at least 3 quotations or price comparison from any independent vendors for purchase greater than S$500. Such purchases must be first proposed and approved by the Council before any acquisitions can be made.
8.2 For purchases less than S$500, the officer in charge has to be mandated or approved by the Treasurer or Deputy Treasurer for such purchases with proper receipts for claims.
8.3 Should the purchase be made from member companies for the Associations use, the documentation of the quotation / purchase and the reason of the of the purchase has to be explained ( eg best price, special arrangement or best service support…etc ) . This purchase must also be supported by comparison with 2 other competing quotations of the same.
8.4 All Associations quotations, purchases must be recorded filed and documented for members purview upon request.
9. DUTIES OF OFFICE BEARERS
9.1 The Chairman shall chair all General and Council meetings. He shall also represent the Association in its dealings with outside persons.
9.2 The Deputy Chairman shall assist the Chairman and deputise for him in his absence.
9.3 The Secretary shall keep all records, except financial, of the Association and shall be responsible for their correctness. He will keep minutes of all General and Council meetings. He shall maintain an up to date Register of Members at all times.
9.4 The Deputy Secretary shall assist the Secretary and deputise for him in his absence.
9.5 The Treasurer shall keep all funds and collect and disburse all moneys on behalf of the Association and shall keep an account of all monetary transactions and shall be responsible for their correctness. He is authorised to expend up to $500 per month for petty expenses on behalf of the Association. He will not keep more than $500 in the form of cash and money in excess of this will be deposited in a bank to be named by the Council. Cheques for payment or withdrawals from the bank will be signed by the Treasurer and either one / two authorised signatories according to the payment amount. ( eg Limit to S$10K amount with any 2 signature, and above S$10k requires 3 signatures ). There are altogether 6 authorised signatories in the association making up of the Chairman, Deputy Chairman, Secretary, Deputy Secretary, Treasurer and Deputy Treasurer.
9.6 The Deputy Treasurer shall assist the Treasurer and deputise for him in his absence.
9.7 Ordinary Council Members shall assist in the general administration of the Association and perform duties assigned by the Council from time to time.
10. AUDIT AND FINANCIAL YEAR
10. 1 A firm of Certified Public Accountants shall be appointed as Auditors at each Annual General Meeting for a term of one year and shall be eligible for reappointment.
10.2 They:
- Will be required to audit each year’s accounts and present a report upon them to the Annual General Meeting.
- May be required by the Chairman to audit the Association accounts for any period within their tenure of office at any date and make a report to the Council.
10.3 The financial year shall be from for a period of 12 months (to be assigned by the Registry of Societies).
11. TRUSTEES
11.1 If the Association at any time acquires any immovable property, such property shall be vested in trustees subject to a declaration of trust.
11.2 The trustees of the Association shall:
- Not be more than four (4) and not less than two (2) in number.
- Be elected by an Annual General Meeting of members.
- Not effect any sale or mortgage of property without the prior approval of the General Meeting of members.
11.3 The office of the trustee shall be vacated:
- If the trustee dies or becomes a lunatic or of unsound mind.
- If he is absent from the Republic of Singapore for a period of more than one (1) year.
- If he is guilty of misconduct of such a kind as to render it undesirable that he continues as a trustee.
- If he submits notice of resignation from his trusteeship.
11. 4 Notice of any proposal to remove a trustee from his trusteeship or to appoint a new trustee to fill a vacancy must be given by posting it on the notice board in the Association’s premises at least two (2) weeks before the General Meeting at which the proposal is to be discussed. The result of such General Meeting shall then be notified to the Registrar of Societies.
11.5 The address of each immovable property, name of each trustee and any subsequent change must be notified to the Registrar of Societies.
12. VISITORS AND GUESTS
12. 1 Visitors and guests may be admitted into the premises of the Association and its activities / events Association but they shall not be admitted into the privileges of the Association Membership. All visitors and guests shall abide by the Association’s rules and regulations.
13. PROHIBITIONS
13.1 Gambling of any kind, excluding the promotion or conduct of a private lottery which has been permitted under the Private Lotteries Act Cap 250, is forbidden on the Association premises. The introduction of materials for gambling or drug taking and of bad characters into the premises is prohibited.
13.2 The funds of the Association shall not be used to pay the fines of members who have been convicted in court of law.
13.3 The Association shall not engage in any trade union activity as defined in any written law relating to trade unions for the time being in force in Singapore.
13.4 The Association shall not indulge in any political activity or allow its funds and/or premises to be used for political purposes.
13.5 The Association shall not hold any lottery, whether confined to its members or not, in the name of the Association or its office bearers, Council or members unless with the prior approval of the relevant authorities.
13.6 The Association shall not raise funds / seek donations from the public for whatever purposes without the prior approval in writing of the Assistant Director Operations, Licensing Division, Singapore Police Force and other relevant authorities.
13.7 The Association shall not discuss nor allow nor set any pricing policies for the Enrichment Business / Training in the Industry. All pricing matters are in the discretion of the business owners and their companies.
14. INTERPRETATION
14.1 In the event of any question or matter pertaining to day-to-day administration which is not expressly provided for in this Constitution, the Council shall have power to use their own discretion. The decision of the Council shall be final unless it is reversed at a General Meeting of members.
15. DISPUTES
15.1 In the event of any dispute arising amongst members, they shall attempt to resolve the matter to the Council. The Council will then help mitigate & help resolve the issue , failing which a special ‘Dispute Committee’ can be form in accordance with this Constitution as a last resort .
15.2 A “Dispute Committee” can be form ad hoc. A Dispute Committee is specially formed ad hoc for specific issue by appointment of the current Chairman, and should only be the last resort. Such Dispute Committee can be formed consisting of a 3 – 5 man non council member team, regardless of Corporate or Individual Memberships. This special team members has to be totally independent and non party to the dispute raised in the specific case. Their main responsibility is to provide a recommended solution or resolution to all parties with regards to the specific cause of the dispute. We hope that the final decision taken & recommended by this Dispute Committee can be amicable & provide satisfactory resolution to all involved parties, so that members can work and participate in harmony. The “Dispute Committee” shall present the recommended solution & resolution to the Council for approval and sanction.
15.3 The remaining members who are in neither the Dispute Committee nor the disputing parties are automatically defined as Observers, who may be called upon to share their views (or as witnesses) by the Dispute Committee.
16. RESIGNATION AND EXPULSION OF MEMBERS
16.1 Any member wishing to resign from the Association shall, upon so writing to the Secretary, and upon payment of all outstanding dues, cease to be a member.
16.2 Any Discipline or Complaint Matter involving any dispute or the conduct of any member or his expulsion from the Association shall be referred to the Council at a meeting specially convened for the purpose as a first route for any disputes / complaints amongst the members.
16.3 The quorum for such meeting shall be more than 50% of the sitting council or nine ( 9 )that is formed from the sitting 17 Council Members.
16.4 Seven days’ notice of such a meeting shall be given by the Secretary to the member concerned and the notice shall set out the matter upon which the Council’s decision or advice is desired, and the member in question shall be entitled to be present and to be heard personally at the meeting.
16.5 Any member who has, in the opinion of not less than two-thirds of the members of the Council present and voting at such meeting, committed a breach of the Constitution, Code of Conduct or by laws / rules made there under, or who has acted in any way contrary to the interests of the Association or whose conduct has in such majority opinion of the Council as aforesaid rendered him unfit to be a member, may be expelled from the Association.
16.6 Where the Council has decided to expel a member under this Clause it shall not be obliged to give reasons in writing there for. However, if the member feels that he has been unjustly treated, he shall have recourse to appeal at an Annual General Meeting.
16.7 The name of a member who has been so expelled shall be removed from the register and he shall cease to be a member and shall forfeit all interest in the funds and property of the Association and shall thereafter be ineligible for membership without the special consent of the Council.
16.8 No entrance fee nor any proportionate part of a member’s subscription shall be returned to him upon his ceasing for any reason to be a member.
17. DISSOLUTION OF ASSOCIATION
17.1 The Association shall not be dissolved, except with the consent of not less than three-fifths (3/5) of the total voting membership of the Association for the time being resident in Singapore expressed, either in person or by proxy, at a Annual General Meeting or Extraordinary General Meeting convened for the purpose.
17.2 In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Association shall be fully discharged, and the remaining funds will be disposed of in such manner as the General Meeting of members may determine or donated to an approved charity or charities in Singapore.
17.3 A Certificate of Dissolution shall be given within seven (7) days of the dissolution to the Registrar of Societies.
18. GENERAL – MEMBERSHIP
18.1 Every member shall be bound by the Constitution of the Association and by any Rules / By- Laws made there under.
18.2 Any notice of communication shall be sent by email to any member at either of his last known email address (and posted on the Association website), and upon the email thereof the same shall be deemed to have been sent and received by such member upon the second day following that on which the same was emailed.
18.3 All members shall keep the Association informed of their email addresses, mobile contact number and of all changes thereof.
18.4 No member shall give any money or gratuity to any servant staff / employee or volunteer of the Association, unless the same be first sanctioned by the Council.
18.5 The Association is not responsible for the condition of its building and grounds and will not be liable to any member or other person for any damage or injury suffered in consequence of any accident arising through the negligence of any of the Association’s servants administration / staff / employer or 3rd party contractors or from any other cause whatever.
18.6 No member shall take away from the Association’s premises under any pretence whatever, or shall damage, any property of the Association.
18.7 No one except members of the Association or visitors introduced by a member, or other authorised persons, shall have the right of admission to the Association’s premises.
18.8 Association shall indemnify and hold harmless the Council, their employees, successors and assigns, and the appointed Association Manager, and his or her successors and assigns, from and against any claim, cost or expense that may arise from any act which is done in good faith or intended to be done in the execution or purported execution of these Rules or the By-laws, or that any such person may incur as a result of his or her status, actions or omissions in the course of carrying out his or her role in Association, other than as a direct result of the gross negligence or wilful misconduct of the person claiming under this indemnity.
19. Public Statements
19.1 No Member shall make any public statements in the name of the Association without the prior approval of the Council.
20. Annual Report
20.1 The Council shall cause to be made out and to be laid before the Members at the Annual General meeting a report of the affairs and activities of the Association during their term of office.