SRI LANKAN
MUSLIM
FOUNDATION
LEICESTER
(SLMFL)
Chapter 1 – Name
The name of the organization is SRI LANKAN MUSLIM FOUNDATION LEICESTER with the approval of the charity commission for England and Wales. Sri Lankan Muslim Foundation Leicester will be here in after called and referred THE CHARITY all verbal and documentation purposes.
Chapter 2 - Administration
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 Chapter 9 Clause F of this constitution ("The Executive Committee")
Chapter 3 - Objects.
The charity objects are:
To further or benefit the community of Leicester and the surroundingarea, and in particular but without prejudice to the generality of the foregoing, the Muslim community, by: I. The advancement of education;
II. The relief of poverty and sickness;
III. The advancement of the Muslim religion;
IV. Providing facilities in the interests of social welfare for recreation and leisure time occupation with the objective of improving the conditions of life of the said community.
Chapter 4 - Vision of the charity
To be a model community in the broadest sense, not leaving anything of value out, a community which is balanced, witnessing to all people, a community that ALLAH helps establish, approves of and supports.
Chapter 5 - Mission of the charity
To make every individual emerge as a pious, well mannered individual, knowledgeable in Al Quran and As-Sunnah, literate, healthy, creative and a thinking individual who loves his religion, family, society and country.
Chapter 6 - Goals of the charity
I. Establish and administer a centre for Worship, Education, Preaching, Religious and Cultural activities for the community.
II. Facilitate acceptable recreational and leisure activities for men, woman, youth, children and disabled.
III. Provide personal development, leadership training for members.
IV. Assist for Circumcision, Marriage, Divorce and Counselling services.
V. Assist new members to settle down in Leicester.
VI. Initiate a news letter, annual souvenir and other appropriate publications.
VII. Conduct English and Arabic classes to improve language skills.
VIII. Conduct career guidance and awareness programs to eradicate anti-social activities and behaviours to make our youth better citizens.
IX. While maintaining our identity coordinate and cooperate with other groups and faiths towards peaceful co-existence and better intercommunity communication and relationship.
Chapter 7 - Membership
I. All Sri Lankan Muslims living in Leicester and neighbouring towns and villages are eligible for the membership.
II. Membership is open to individuals over eighteen.
III. Muslims hailing from other than Sri Lanka can be honorary members by submitting the prescribed application along with monthly subscription. Honorary members can enjoy everything except holding posts as office bearers of the Exco.
IV. The Exco may only refuse an application for membership if, acting reasonably and properly, they consider it to be in the best Interests of the Charity to refuse the application.
V. The Exco must inform the applicant in writing of the reasons for the refusal within twenty-one days of the decision.
VI. Membership is not transferable to anyone else.
Chapter 8 - Membership Fee
I. There shall be an annual membership fee to be used for the day-to-day maintenance of the charity as recommended by the AGM held every year. This fee will be due by the end of each accounting year or upon terms agreed between the member paying the fee and the Treasurer. A membership receipt will be issued to the member upon payment of the fee and it must be produced as evidence of paid up membership. Only those members who have paid their membership fees in full will be eligible to vote. Any member who has more than two years membership fee outstanding should pay the full amount at least three (3) months in advance of the Annual General Meeting in order to participate in the AGM.
II. Any members of the community having difficulties of paying their membership fee the Exco will take consideration according to their circumstances.
Chapter 9 - Organizational Structure
This will consist of thirteen (13) members forming into an Executive Committee (Exco). The management structure will consist of
A. President
B. Vice President
C. Joint Secretary
D. Treasurer
E. Asst. Treasurer
F. Seven Executive Committee members
Clause A – President
I. The President will chair all Exco meetings and community gatherings.
II. The President can take any decision for the betterment of the community after the discussions and listening to views of other members of the Exco. But it is necessary that the president defends and provides reasons to act in that manner.
III. In case of his absence for valid reasons work should be delegated to the Vice president.
IV. President must take total responsibility for all conducts and affaires.
V. President must delegate the project works amongst able and efficient members.
VI. President can appoint an Exco member as Team Leader of a project and a sub committee consisting Exco and general membership
VII. To protect the constitution of the charity fully and see that rules properly are equitably administered.
VIII. To preserve order, maintain discipline, reconcile and adjudicate differences, settle disputes and establish conduct such to expedite the charities dealings and business.
IX. To have the casting vote in cases of equality.
Clause B - Vice-president
The Vice-president is authorised to discharge all duties and responsibilities of the president, in his absence.
Clause C – Joint Secretary
I. The secretary shall convene the all Exco meeting in consultation with the president inclusive of the agenda.
II. He shall circulate previous minutes endorsed by the president along with the agenda for the meeting.
III. He must record all the discussions, views and decisions of the meeting. Once minute is ready he must record a copy of the minutes with the joint secretary.
IV. He shall maintain attendance records with signatures at the Exco and other meetings.
V. The secretary is responsible and accountable for all materials such as letter heads, documents and correspondence. It should not be given to any individual or group without the written consent from the Exco.
VI. All official documents and correspondence prepared should be forwarded to the president for his perusal and review.
Clause D&E – Treasurer & Assistant Treasurer
I. The treasurer is responsible for all funds and account records of the charity.
II. The treasurer shall keep proper records of the charities bank account in files.
III. All incoming funds must be deposited within a week of receipt and all the payments paid by the cheque only.
IV. Receipts must be given to all payments received and vouchers must be written for all payments made. Copies of receipts and vouchers must be maintained in separate files. These files must be submitted on request to the Exco for any clarifications needed.
V. The treasurer shall maintain proper account book and submit the balance sheet at the monthly Exco meeting and exhibit the financial statement quarterly at prayer hall for the public and shall provide a quarterly and annual report as well. In the absence of treasurer the assistant treasurer will assume his responsibilities
Clause F - Executive Committee
I. The Exco shall consist of not less than 9 members no more than 13 members being.
II. The Exco shall be elected at the General Meeting by the general members every three years. Any position in the Exco which subsequently becomes vacant due to resignation can only be filled by a meeting of the GM.
III. There shall be a quorum when at least 51% of members of the Exco for the time being are present at a meeting.
IV. The Exco shall keep minutes, in books kept for the purpose, of the proceedings at meetings of the Exco and any sub-committee.
Chapter 10 - Responsibilities and Powers of Executive Committee
Furtherance of the objects, but not otherwise, the Exco may exercise the following powers:
I. To make provision for daily and Friday Jummah prayers, funerals and burial arrangements, marriages and other religious and social ceremonies.
II. To buy, take on lease or in exchange any property necessary for the achievement of the objects and to maintain and equip it for use and subject to any consent required by law to sell, lease or dispose of all or any part of the property of the charity.
III. To raise funds by means of donations, gifts, legacies, grant aid from statutory authorities and other loans and fund raising events provided that in raising funds the Exco shall not undertake any substantial permanent or profitable trading activities and shall conform to any relevant requirements of the law.
IV. Power to employ such staff (who shall not be members of the Exco) as are necessary for the proper pursuit of the objects and to make all reasonable and necessary provision for the payment of pensions and superannuation for staff and their dependants.
V. To establish or support any charitable trusts, associations or institutions formed for all or any of the objects.
VI. To promote co-operation and unity among Muslim members in furtherance of the common cause and in the interest in Islam.
VII. Do all such other lawful things as are necessary for the achievement of the objects within the limits of Islamic Law.
VIII. Any fault in electing or co-opting an Exco Member or failure in doing so shall not invalidate the proceedings of the Exco.
IX. The Exco will have the power to appoint other functional officers.
X. It will be the duty of the Exco to carry out the general policy of the charity subject to any condition imposed by the membership through resolution at the GM or SGM. Furthermore it shall be the duty of the Exco to provide for the day-to-day administration, management and control of affairs and property of the charity.
XI. Every matter shall be determined by a majority of votes of the members of the Exco present and voting on the question but in the case of equality of votes the president of the meeting shall have a second or casting vote.
XII. The Exco may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.
XIII. The Exco may appoint one (1) or more sub-committees consisting of three (3) or more members of the Exco for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Exco 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 Exco.
Chapter 11 – Eligibility to be a Member of Exco
I. Should be a Sri Lankan Muslim living in Leicester and surrounding areas.
II. Age over eighteen (18) years.
III. He shall not be a person convicted under the UK Law or home country.
IV. If Sri Lanka Muslim contributed or volunteered for the development and progress of the trust in the past may be considered.
V. He must possess suitable character and be of good standing in the Muslim community and should be reasonably versed in religious knowledge and interested in religious activities.
Chapter 12 - Terms of Disqualification to hold office as Exco Member
I. By acting as a Trustee by virtue of section 72 of the 1993(statutory re-enactment or modification of the provisions)
II. Become incapable by reason of mental disorder, illness or injury of performing his delegated duties and roles.
III. Involvement in any un-Islamic activities or any other activity which prohibited by the Islamic and British Law.
IV. Act to degrade or misuse the properties of this charity.
V. Ceases to be loyal to the declared vision of the Trust and involved in the sabotage activities against the charity.
VI. Making absence without a legitimate reason in writing to the president and/or secretary for three (3) consecutive meetings.
VII. Notifies to the Exco a wish to resign (but only if at least three (3) members of the Exco will remain in office when the notice of resignation is to take effect)
Chapter 13 – Vacancies
In the event of an Exco member vacating post before the completion of his term of office, the President will notify the membership after Jum’ah prayer and request to elect a new member. In case of more than (1) proposal the charity members will vote for the selection.
Chapter 14 - Voluntary and paid staff
The Exco may engage such Officers as Managers, Bankers, Solicitors, Agents, Clerks or other person upon terms as to their duties, powers, duration of office or employment, remuneration or otherwise, as it thinks necessary, in the interest of the charity pprovided that no member of the Exco shall be appointed to a salaried position. However, the important task of the appointment and employment of an Imam for the charity can only be performed by an AGM or SGM.
Chapter 15 - The Ulama Board
I. This is for the purpose of consultation for issues arising beyond Exco's control in Islamic fique issues.
II. The board will consist of all Leicester living Sri Lankan Ulama who are members of SLMFL.
III. The board will be invited for the Exco meeting for consultation when need arises.
IV. It is expected the board will act according to authentic Islamic law and decisions in case of conflict resolution.
V. The Exco is bound by the constitution to implement the decisions reached by the Board of Ulama.
Chapter 16 - Advisory Board
I. This is for the purpose of consultation for issues arising beyond Exco's control. The Advisory board will consist of president of the Ulama Board and four (4) senior and/or intellectuals who are members of SLMFL.
II. Term for the Advisory Board
a. The President of the Ulama Board will be remain
permanent basis.
b. The other four (4) members will continue to be in office for
three (3) years and re-elected.
III. The Exco will nominate up to ten (10) members from the community to elect four (4) members to the Board.
IV. The board is elected at the AGM (annual general meeting) or SGM (special general meeting) by membership. When a vacancy created the Exco and remaining Board will select a member.
V. The board will be invited for the Exco meeting for consultation when need arises. If a board member makes more than two (2) absences his post will be opened for a new member who will be selected by the Exco.
VI. The Advisory board will act as an election committee when Exco’s requirement.
VII. To discharge, reprimand, discipline or remove from office any member of the Exco whose conduct or actions are non conductive and damaging to the affairs of the charity subject and conditional to a decision of the advisory board indicating this action.
Chapter 17 - EXCO Meetings
I. The Exco shall hold a monthly meeting and other meetings optional. President also can call special purpose meetings by giving not less than twenty four (24) hours notice.
II. The first meeting of Exco shall be called within two (2) weeks of their appointment and set up their monthly meeting calendar.
III. (Special purpose Meetings) may be called at any time by the President giving notice not less than twenty-four (24) hours notice to all the Exco members.
IV. The Exco shall meet at least twelve (12) times a year, unless decided otherwise. A special meeting may be called at any time by the president or by the secretary upon not less than three (3) days notice being given to other members of the Exco of the matters to be discussed.
Chapter 18 – AGM & Election
I. The first President and first members of the Exco for the charity shall serve a term of no more than one year from the date of the adoption of this constitution.
II. Subject to sub-clause l. above, the term for the elected President shall be three (3).
III. Subject to sub-clause l. above, all the members of the Exco shall retire from office together at the end of three (3) years subsequent to the general meeting during which they came into office, but they may be re-elected or reappointed.
IV. The quorum of AGM shall consist of 51% of members of charity.
V. Announcement and notification for AGM should be done for three (3) consecutive weeks at the Jum’ah (Friday noon prayer)
VI. At the AGM of the charity, at which all charity members in Leicester and surrounding areas are entitled to attend, members will propose and vote for the position of the President and twelve (12) other committee members.
VII. Subject to sub-clause l. above, the president shall be elected at the General Meeting by the general members every three (3) years. In case of more than one (1) proposal the charity members will vote for the selection. Maximum proposals should not be more than three (3).
VIII. Subject to sub-clause l. above, the Exco members shall be elected at the General Meeting by the general members every three (3) years. In case of more than twelve (12) proposals the charity members will vote for the selection. Maximum proposals should not be more than twenty five (25).
IX. All the members of the charity shall be entitled to attend and vote at the meeting.
X. Nomination for electing the president and the Exco must be proposed by members of the charity in the AGM.
XI. Procedures for the election, including nomination, withdrawal shall be determined by the Exco and approved by the Election Commission.
XII. The AGM will be of two sessions as below:
a. Session- 1: The Outgoing Exco shall be responsible for conducting this session. In this session, the Exco shall submit annual progress and activity reports and audited accounts etc, to the General Membership.
b. Session- 2: the new president for the forth coming term will assume the presidency and chair the meeting.
Chapter 19 - Annual Report
I. The Exco shall comply with their obligations under the Charities Act 1993 (or any statutory re-enactment or modification of that Act) with regard to the preparation of an annual report and its transmission to the Commission
Chapter 20 - General Meeting
II. Every general meeting shall be called by the Exco. The Secretary shall give at least twenty (21) days notice of the 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.
III. The Exco shall present to each general meeting the report and accounts of the charity for the proceeding three (3) years.
IV. The Secretary or other person specially appointed by the Exco shall keep a full record of proceedings at every general meeting of the Charity.
V. There shall be a quorum when at least half of the numbers of members of the charity are present at any general meeting.
Chapter 21 - Special General Meetings
The Exco may call a special general meeting of the charity at any time. If at least 30% members request such a meeting in writing stating the business to be considered the secretary shall call such a meeting. At least seven (7) days notice must be given. The notice must state the business to be discussed.
Chapter 22 - Quorum
Exco 7 members, AGM 51 % of the general membership and SGM 30% of the general membership
Chapter 23 - Management of Property
I. Exco must inform the general membership details on properties and materials of high value. In the events of disposing any properties the Exco must inform the general membership
II. The Exco ensures that all purchases and lease shall be for the betterment of the foundation.
Chapter 24 - Finance
I. All accounts of the charity shall be named as SLMFL.
II. The funds of the charity, including all donations, contribution and bequest, shall be paid into an account operated by the Exco in the name of charity at such a bank as Exco shall from time to time decide. All cheques drawn on the account must be signed by the president and the treasurer.
III. In the absence of the treasurer assistant treasurer shall be entitled and authorised to sign cheques issued on behalf of the charity.
IV. Treasurer shall be responsible for the internal audit. Proper receipts and accounting system must be employed. The President shall designate resources to assist the Treasurer preferably at least one other member of the Exco shall be involved.
V. The Exco shall take responsibility for any misappropriation of funds and any body found to be involved in such act, the Exco shall take necessary actions to take legal proceedings against such person.
VI. Payment made over five hundred £500 consent of the Exco should be sought by the treasurer.
VII. Exco must appoint an external auditor
Chapter 25 - Funds and Monies belonging to the charity
I. The funds of the charity will consist of donations collected for various purposes, children's education fees, gifts, loans, raised funds and all other receipts received from any source and such other income as the charity may derive.
II. All donations collected and all other funds raised by whatever means will be made in the name of SLMFL such fund raising exercises or collection will only be made on the express authority of the Charities Exco.
III. The income property and all assets of the charity shall be applied by at the direction of the Exco solely towards the promotion of the aims and objects of the charity and to manage, improve and maintain all or any part of the land, other property of the Organization or carry out new work as approved by the Exco.
Chapter 26 – Amendments
I. The Exco may amend any part of this constitution and get it approved at a general meeting.
II. No amendment may be made which has the effect of charity ceasing to be charity Law.
III. General membership can make suggestions to the Exco in writing at least two (2) weeks before the AGM for any amendments they think need to be made.
IV. In amending any part of Chapter 3 (Objects), prior consent shall be obtained from the charity commission for the change.
V. The Exco should promptly send to the charity commissioners a copy of such an amendment made.
Chapter 27 - Dissolution
If the Exco decides that it is necessary or advisable to dissolve the charity it shall call a meeting of all members of the charity, of which not less than twenty one (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 Exco shall have power to realize 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 institutions having objects similar to the objects 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 shall be sent to the Commissioners.
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This Constitution was adopted at a General Meeting
On 30th July 2010
I, Faleel Hakeem hereby certify that this is a true copy of the
Constitution of Sri Lanka Muslim Foundation Leicester
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Mr Faleel Hakeem
The President
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