Constitution of Sutton Tamil School & Welfare Centre
Page 1 of 8
Constitution of Sutton Tamil School &
Welfare Centre
Name
1. The name of Association shall be "Sutton Tamil Welfare Centre” (STWC) (hereinafter referred to as "the charity").
2. The registered office of the charity shall be in England, UK at a place to be determined by the Executive Committee from time to time.
Patron
3. Mr K Sivakurunathapillai shall be the Patron of the charity.
Administration
4. Subject to the matters set out below the charity and its property shall be administered and managed in accordance with this constitution by the members of the Executive Committee, constituted by Clauses 13-22 of this constitution (“the Executive Committee”). [The term "charity trustee" is defined in section 97 of the 1993 Act as "the persons having the general control and management of the administration of a charity". This is a legal definition of those people who will run and be responsible for the charity. For the purpose of understanding, “the Executive Committee” in this document is equivalent to the “charity trustee” as defined in section 97 of the 1993 Act.]
Objectives
5. The charity shall function as a non-profit making voluntary organisation with the welfare of the Tamil Community in and around Sutton as its primary aim. Subject to the approval of the charity commission, this will be a registered charity with charity commission in England and Wales.
6. The objects of the charity shall be:
 To advance and promote the Tamil language and cultural interests of Tamil community residing in Sutton and neighbouring boroughs.
 To establish and run a school for teaching Tamil language and Tamil Culture to help the younger generation of British Sri Lankans in Sutton to understand their culture and tradition.
 To hold concerts, workshops, lectures, classes, courses, exhibitions, meetings, social gatherings or other events either alone or others with similar aims and objectives.
 To provide facilities for the recreation or other leisure-time occupation of such persons of Tamil origin and others who have need of such facilities by reason of their age, infirmity, disability, poverty or social and economic Page1out of 9
circumstances with the object of improving their condition of life.
 To help the adults and children of the Tamil Community to integrate into
the main stream British society seamlessly
Constitution of Sutton Tamil School & Welfare Centre
Page 2 of 8
Authority
7. In furtherance of the objectives but not withstanding the Executive Committee may exercise the following authority:
Authority to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law;
Authority to buy, take on lease or in exchange any property necessary for the achievement of the objectives and to maintain and equip for its use;
Authority subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Charity;
Authority subject to any consents required by law to borrow money and to change all or any part of the property of the Charity with repayment of the money so borrowed;
Authority to employ such staff (who shall not be members of the Executive Committee) as are necessary for the proper pursuit of the objectives and to make all reasonable and necessary provision for the payment of pensions and superannuation for staff and their dependants;
Authority to co-operate with other charities, voluntary bodies and statutory authorities operating in furtherance of the objectives or of similar charitable purposes and to exchange information and advice with them;
Authority to establish or support any charitable trusts, associations or institutions formed for all or any of the objectives;
Authority to appoint and constitute such advisory committees as the Executive Committee may decide fit;
Power to do all such lawful things as are necessary for the achievement of the objectives.
Membership
8. Membership shall be open to any person over the age of 18 years who subscribe to the aims and objects of the Charity. and who has paid the annual subscription laid down from time to time by the Executive Committee.
Full membership: Parents or guardian of pupils under eighteen and pupils over eighteen of the Association shall be entitled to full membership.
Associate membership: Parents of past pupils, past pupils over eighteen, past and present teachers of the Association shall become associate members.
9. The Executive Committee shall determine Annual Subscription for members, tuition fees for pupils and any concessions that may be afforded to members of sister organisations. The Executive Committee may also waive, reduce or extend the time limit for payment under special circumstances.
Page 2 out of 9
10. The Executive Committee may by majority vote and for good reason terminate the membership of any individual; provided that individual concerned shall have the right to be heard by the Executive Committee, accompanied by a friend, before a final decision is made. Such member may appeal within four weeks, from the date of receipt of the order of suspension by him/her, to the Board of Appeal.
11. Every member over the age of 18 shall have one vote.
Constitution of Sutton Tamil School & Welfare Centre
Page 3 of 8
Executive Committee
12. The Executive Committee shall be initially elected at a special meeting to be called for this purpose. The first Executive Committee shall comprise of an Administrator, Treasurer, Head of School, School Secretary and Social Secretary. The Executive Committee can co-opt up to two members to acquire expertise. The first Executive committee shall have a minimum period of two years. If any existing members of the Executive Committee is unable to serve the minimum period, the rest of the members of the committee shall have the right to replace the existing member. The Executive Committee meetings will be chaired by a person elected by the members of the Committee prior to a meeting.
After the two year period, the Executive Committee shall be elected at an Annual General Meeting which will be held within four months of the end of the two year period.
13. The second and subsequent Executive Committee shall consist of not less than nine members and not more than Eleven members.
14. At the first election nomination shall be called to elect „four members for one-year period‟ and „four members for two year period‟ who shall hold office from the conclusion of that meeting.
Subsequently at every AGM, four members shall retire and four new members will be elected for two-year period.
Co-optees can serve for one year only.
15. The Executive Committee at its first meeting shall elect a Chair, Secretary, Treasurer, Vice Chair, Assistant Secretary, Assistant Treasurer amongst its committee members.
16. The Executive Committee may Co-opt up to three more persons to acquire expertise and wider representation.
17. The Executive Committee may co-opt a member to fill any vacancy in their numbers.
18. All members of the Executive Committee shall retire from office at the end of the period after the date on which they came into office but they may be re-elected or re-appointed.
19. The proceedings of the Executive Committee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment or qualification of a member.
20. No person under the age of 18 years shall be elected or appointed as a member of the Executive Committee.
21. No person shall be entitled to act as a member of the Executive Committee whether on a first or on any subsequent entry into office until he/she has signed in a minute book of the Executive Committee a declaration of acceptance and of willingness to act in the interests of the Charity.
22. No person who is disqualified by law from acting as “an Executive Committee member” (charity trustee), including anyone described in section 72(1) of the Charities Act 1993 shall be elected or appointed to the Executive Committee. Broadly that covers:
- Anyone who has been convicted of an offence involving deception or dishonesty, unless the conviction is spent;
- Anyone who is an undischarged bankrupt;
- Anyone who has previously been removed from trusteeship of a charity by the Court or the Commissioners;
- Anyone who is subject to a disqualification order under the Company Directors Disqualification Act 1986.
[It is an offence to act as an “Executive Committee” member (charity trustee) while disqualified unless the charity commission have given a waiver.]
Constitution of Sutton Tamil School & Welfare Centre
Page 4 of 8
Determination of Membership of the Executive Committee
23. A member of the Executive Committee shall cease to hold office if he or she:
Is disqualified from acting as a member of the Executive Committee by virtue of section 72 of the Charities Act 1993 (or any statutory re-enactment of modification of that provision);
Becomes incapable by reason of mental disorder, illness or injury of managing his or her own affairs;
If absent without the permission of the Executive Committee from all their meetings held within a period of six months and the Executive Committee resolve that his or her office be vacated; or
Notifies to the Executive Committee a wish to resign (but only if at least three members of the Executive Committee will remain in office when the notice of resignation is to take effect).
Executive Committee Members are not to be personally interested
24. [Subject to the provisions of sub-clause of this clause] No member of the Executive Committee shall acquire any interest in property to the Charity (otherwise than as a trustee for the Charity) or receive remuneration or be interested (otherwise than as a member of the Executive Committee) in any contract entered into by the Executive Committee.
25. [Any member of the Executive Committee for the time being who is a solicitor, an accountant or other person engaged in a profession, may charge and be paid all the usual professional charges for business done by him or her, or his or her firm, when instructed by the other members of the Executive Committee to act in a professional capacity on behalf of the Charity: Provided that at no time shall the majority of members of the Executive Committee benefit under this provision and that the member of the Executive Committee shall withdraw from any meeting at which his or her own instruction or remuneration, or that of his or her firm, is under discussion.]
Meetings and Proceedings of the Executive Committee.
26. The Executive Committee shall hold meetings as required; there shall be at-least four meetings held each year. A special meeting may be called at any time by the Chair or by any two members of the Executive Committee upon no less than four (4) working days notice being given to the other members of the Executive Committee of the matters to be discussed but if the matters include an appointment of a co-opted member then not less than twenty one (21) days notice must be given.
27. The Chair person shall chair the meetings of the Executive Committee. If the Chair is absent from any meetings, then the members of the Executive Committee present shall appoint one of the Officers present to act as Chairman for the meeting.
28. There shall be a quorum when at least one third of the number of members of the Executive Committee are present at a meeting, including at least one Officer.
29. Every matter shall be determined by a majority of votes of the members of the Executive Committee present and voting on the question but in the case of equality of the votes, the Chairman of the meeting shall have a second or casting vote.
30. The Executive Committee shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Executive Committee and any sub-committee.
31. The Executive Committee may from time to time make and alter rules for the conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with the constitution.
32. The Executive Committee may appoint one or more sub-committees consisting of three or more members of the Executive Committee for the purpose of making any enquiry or supervising or performing any function or duty which in the opinion of the Executive Committee would be more conveniently undertaken or carried out by a sub-committee: provided that all acts and proceedings of any such sub-committees shall be fully and promptly reported to the Executive Committee. The Executive Committee
may co-opt any person to be a member of the Sub-committee for the particular business of that Sub-committee.
Constitution of Sutton Tamil School & Welfare Centre
Page 5 of 8
Receipts and Expenditure
33. (i) The funds of the Charity, including all donations, contributions and bequests, shall be paid into an account operated by the Executive Committee in the name of the Charity at such bank, as the Executive Committee shall from time to time decide.
(II) All monies otherwise than those required for immediate use shall be duly deposited in the bank.
(III) All cheques drawn on the account must be signed by Treasurer and at least one out of two members of the Executive Committee.
34. The funds belonging to the Charity shall be applied only in furthering the objectives.
Property
35. Subject to the provisions of sub-clause of this clause, the Executive Committee shall cause the title to:
all land held by or in trust for the Charity which is not vested in the Official Custodian for Charities; and
all investments held by or on behalf of the Charity
to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by the Executive Committee as holding trustees. Holding trustees may be removed by the Executive Committee at their pleasure and shall act in accordance with the lawful directions of the Executive Committee. Provided that they act only in accordance with the lawful directions of the Executive Committee, the holding trustees shall not be liable for the acts and defaults of its members.
36. If a corporation entitled to act as custodian trustee has not been appointed to hold the property of the Charity, the Executive Committee may permit any investments held by or in trust for the Charity to be held in the name of a clearing bank, trust corporation or any stockbroking company which is a member of the International Stock Exchange (or any subsidiary of any such stockbroking company) as nominee for the Executive Committee, and may pay such nominee reasonable and proper remuneration for acting as such.
Constitution of Sutton Tamil School & Welfare Centre
Page 6 of 8
Accounts
37. The Executive Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to
The keeping of accounting records for the Charity;
The preparation of annual statements of account for the Charity;
The auditing or independent examination of the statements of account of the Charity; and
The Accounting Period to run from 1st April to the 31st March in the following year.
Annual Report
38. The Executive Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to he preparation of an annual report and its transmission to the Commission.
Annual Return
39. The Executive Committee shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to he preparation of an annual return and its transmission to the Commission.
Annual General Meeting
40. There shall be an annual general meeting of the Charity which shall be held within four months of the end of the financial year.
41. Every annual general meeting shall be called by the Executive Committee. The secretary shall give at least 21 days notice of the annual general meeting to all the members of the Charity. All the members of the Charity shall be entitled to attend and vote at the meeting;
42. The Executive Committee shall present at each annual general meeting the report and accounts of the Association for the preceding year.
43. The Executive Committee shall present to each annual general meeting the report and accounts of the Charity for the preceding year;
44. Nominations for election to the Executive Committee must be made by members of the Charity in writing and must be in the hands of the secretary of the Executive Committee at least 7 days before the annual general meeting. Should nominations exceed vacancies, election shall be held by ballot.
Constitution of Sutton Tamil School & Welfare Centre
Page 7 of 8
Special General Meetings
45. The Executive Committee may call a special general meeting of the Charity at any time. If at least ten members request such a meeting in writing, stating the business to be considered, the secretary shall call such a meeting. At least 21 days notice must be given. The notice must state the business to be discussed.
Procedure at General Meetings
46. The secretary or other person specially appointed by the Executive Committee shall keep a full record of the proceedings at every general meeting of the Charity;
47. There shall be a quorum where at least one tenth of members of the Charity for the time being or fifteen members of the Charity, which ever is greater, are present at any general meeting.
48. All full members of the Association shall be entitled to attend and vote at the meeting provided that the member or a child of the member has 65% attendance in the preceding three terms of the financial year and has no arrears of tuition fees and membership fees.
49. Decisions at the AGM and SGM shall be arrived by a show of hands, provided however the Executive Committee or the AGM or SGM may determine that a decision on a particular matter shall be by secret ballot.
50. Every matter shall be determined by a majority of votes of the members present and voting on the question but in the case of equality of votes the chairman of the meeting shall have a second or casting vote.
Notices
51. Any notice required to be served on any member of the Charity shall be in writing and shall be served by the secretary or the Executive Committee on any member either personally or by sending it through the post in a pre-paid letter addressed to such member at his or her last known address in the United Kingdom or Europe, and any letter so sent shall be deemed to have been received ten days after posting.
Alterations to the Constitution
52. Subject to the following provisions of this clause the constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of any resolutions, setting out the terms of the alterations proposed;
53. No amendment may be made to clause 1 (the name of the Charity), clauses 5 & 6 (the objectives clause), clauses 24 & 25 (Executive members are not be personally interested), clause 55 (Dissolution) or this clause without prior consent in writing of the Commissioners;
54. No amendment may be made which would have the effect of making the Charity cease to be a charity at law; page 8 out of 9
55. The Executive Committee should promptly send to the commission a copy of any amendment made under this clause.
Constitution of Sutton Tamil School & Welfare Centre
Page 8 of 8
Board of Appeal
56. The Board of Appeal shall consist of a Patron, an executive committee member appointed by the Executive Committee and another person who is not a member of the executive committee, agreed by the Executive committee and the Patron.
Dissolution
57. If the Executive Committee decides that it is necessary or advisable to dissolve the Charity it shall call a Special General Meeting of all members of the Charity, of which not less than 21 days notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Executive Committee shall have the authority to realise any assets held by or on behalf of the Charity. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objectives similar to the objectives of the Charity as the members of the Charity may determine or failing that shall be applied for some other charitable purpose. A copy of the statement of accounts, or account and statement, for the final accounting period of the Charity must be sent to the Commission.

Corner