By-laws

Untitled Document

1. DEFINITIONS AND INTERPRETATIONS

1.1

Where words and phrases are bold in the text of these by-laws they shall bear the meaning assigned to them in this clause and where such words or phrases are not bold they shall bear the meaning consistent with the  context

1.2

Association” means the Africa Association of Quantity Surveyors, an association of institution members, associate members, honorary members and practice members engaged in quantity surveying or subscribing to the objectives and functions of the association

1.3

Associate member” or “associate membership” means such category of member or membership of the association established in terms of the constitution

1.4

By-laws” means these by-laws of the association with such amendments, modifications, alterations and additions thereto as may be made by the council or general assembly from time to time

1.5

Constitution” means the constitution of the association with such amendments, modifications, alterations and additions thereto as may be made by the general assembly from time to time

1.6

Council” means this council of the association from time to time, established in terms of this constitution

1.7

General assembly” means the triennial general assembly of delegates representing the membership established in terms of the constitution. The general assembly is the supreme governing body of the association

1.8

Honorary member” or “honorary membership” means such category of member or membership established in terms of the constitution

1.9

Institution member” or “institution membership” means such category of member or membership established in terms of the constitution

1.10

Member” or “membership” means an institution member or institution membership, an associate member or associate membership, an honorary member or honorary membership or a practice member or practice membership of the association as the case may be

1.11

Practice member” or “practice membership” means such category or member or membership established in terms of the constitution

1.12

Region” means a geographical region in Africa demarcated in terms of the constitution or any other region in Africa demarcated by the general assembly from time to time

1.13

In these by-laws, unless it appears to the contrary, the singular shall include the plural and vice versa.  Any reference to any gender shall also include other genders and any reference to a natural person shall include a juristic person

1.14

The headings of clauses are for reference purposes only and shall not be used in the interpretation thereof

1.15

The definitions shall be considered to be substantive provisions of these by-laws

1.16

Notice given in terms of these by-laws shall be addressed to the current address as provided  by the member and shall be deemed to be received by the member when :

 

1.16.1

delivered  by hand – on the day of delivery or

 

1.16.2

sent by electronic mail – 3 (three) days after transmission

 

1.16.3

sent by registered post or by courier – 14 (fourteen) days after postage

2. INSTITUTION MEMBERSHIP

2.1

Institution membership as defined in the constitution may be granted by the council

2.2

Application for institution membership shall be made to the Secretary General on the prescribed form and shall be supported by any additional information which the Secretary General may request

2.3

The Secretary General shall consider the representativity and eligibility of the applicant and make a recommendation to the council

2.4

An application for institution membership by a prospective institution member must be approved by a simple majority of votes cast in the relevant council meeting.  If a  postal vote is recommended by the Secretary General, then this will suffice

2.5

If an institution member's right to act as a representative of a country is contested by another body from the same country that wishes to participate as a full institution member of the association, the council, acting upon the results of an investigation by the Secretary General to verify whether the previously approved representative continues to fulfil the conditions that justified its original admission, will decide whether :

 

2.5.1

one body should be the sole representative or

 

2.5.2

both bodies should jointly represent the same country

3. ASSOCIATE MEMBERSHIP

3.1

Associate membership as defined in the constitution may be granted by the council

3.2

The same procedure shall be followed as for institution membership

4. HONORARY MEMBERSHIP

4.1

Honorary membership as defined in the constitution may be granted by the council

4.2

A decision of the council to recommend that honorary membership be conferred on an institute, organisation or individual must  be approved by a 4/5 (four fifth) majority of the council members at the relevant council meeting voting in favour of the recommendation

5. PRACTICE MEMBERSHIP

5.1

Practice membership as defined in the constitution may be granted by the executive committee

5.2

The same procedure shall be followed as for institution membership except that where reference is made to council it is replaced with executive committee

6. RATIFICATION OF MEMBERSHIP

6.1

A schedule of members admitted to the association following the previous general assembly, shall be tabled at each general assembly

7. MEETING RULES OF PROCEDURE

7.1

Subject to 7.3, at general assembly and council meetings, voting shall normally be by show of hands.  In case of doubt on the result of the ballot by show of hands, the President may proceed to a division

7.2

A division shall be ordered when it is requested by a majority of delegates present

7.3

The chairman :

 

7.3.1

shall give delegates permission to speak in the order in which they request to do so,

 

7.3.2

may limit the time granted to each speaker and

 

7.3.3

may at any time declare the list of speakers closed, unless the majority of the members shall decide otherwise

7.4

The immediate opening or closing of a debate may be decided by a 2/3 (two-thirds) majority

7.5

Drafts of resolutions, proposals, counter-proposals and amendments shall be presented in writing to the Secretary General who shall make every effort to ensure that they are distributed

7.6

The general assembly may refuse to discuss the draft of any text that has not been presented in writing to the delegates at least 2 (two) months before the meeting of the general assembly

8. ELECTION OF OFFICE BEARERS

8.1

The procedure for the election of the office bearers of the association shall be as follows :

 

8.1.1

the outgoing President shall conduct the election of the office bearers,

 

8.1.2

the Immediate Past President and the Outgoing Immediate Past President shall automatically be office bearers

 

8.1.3

the election of any office bearer shall be by secret ballot,

 

8.1.4

should a person standing for election not receive an outright majority of the votes, a second round of voting shall take place with the person who had received the least number of votes withdrawing from the election process. The same process shall be repeated until one person receives an outright majority of votes, and

 

8.1.5

the chairmen of the boards and the standing committees shall be decided upon and appointed by the abovementioned newly elected members of the executive committee at a meeting to be held immediately after the election of such members of the executive committee

9. FINANCIAL MATTERS

9.1

The financial year of the association is from 1 July to 30 June of the following year

9.2

Each year the Honorary Treasurer shall present the audited accounts of the previous year to the council for approval

9.3

The draft triennial budget and the detailed draft budget shall be enclosed with the agenda to be circulated to all council members at least 2 (two) months prior to the council meeting at which the budget is to be discussed and approved by council

9.4

The draft triennial budget approved by the council, shall be enclosed with the agenda to be circulated to all institution members prior to a general assembly

9.5

The subscription to be paid by institution members shall be determined by the council according to the number of quantity surveyors represented by the institution member

9.6

The council may approve a recommendation by the Honorary Treasurer that institution members be requested to support an appeal for financial assistance, should an exceptional need arise

9.7

Each new institution member shall pay an enrolment fee equivalent to one year's subscription, which shall be due and payable when application for institution membership is submitted to the Secretary General and which shall be returned if the institution membership application is not approved by the council

9.8

If the institution membership application is approved by the council, the initial current annual subscription shall be paid in full by the new institution member within the first 6 (six) months of the following financial year

9.9

Any institution member whose subscription has not been deposited into the association's bank account 1 (one) month prior to a general assembly shall forfeit :

 

9.9.1

the right to vote at that general assembly and

 

9.9.2

eligibility for representation on the council for the following period

9.10

If an institution member has been suspended in terms of the constitution the following rights shall be forfeited :

 

9.10.1

services of the association,

 

9.10.2

publications of the association,

 

9.10.3

communications of the association and

 

9.10.4

participation in the association by its individual quantity surveyor members

9.11

Suspension of an institution member may result in expulsion of the institution member by the general assembly in terms of the constitution

9.12

No debt may be simply cancelled, unless approved by the council

9.13

The association's funds may only be used in furtherance of the objectives of the association and in accordance with the budget approved by the council

9.14

Expenditure which has not been anticipated and which is likely to exceed the budget shall first be approved by the council

9.15

All office bearers of the association have honorary status, therefore the travelling and subsistence expenses of the President, Vice Presidents, the Secretary General, the Honorary Treasurer and other representatives of the association in the execution of their duties on behalf of the association, may be disbursed from association funds in accordance with the budget provisions proposed annually by the Honorary Treasurer and as approved by the council

10. AUDITOR

10.1

A professionally qualified auditor shall be proposed by the Honorary Treasurer and approved by the council

10.2

The auditor shall present an annual report to the council. This report shall be communicated to all institution members by the Honorary Treasurer

10.3

The full accounts, together with all relevant documents, shall be submitted to the auditor by the Honorary Treasurer

11. CONGRESSES

11.1

A world congress of the association shall be held from time to time.  It shall be open to quantity surveyors in all member countries.  The venue of such congresses shall be rotated among the various regions of the association

11.2

Quantity surveyors from non-member countries, guests and observers who are not quantity surveyors (representatives of certain international organisations, members of associated professions, quantity surveying students, the technical media and press) may attend the congress subject to the conditions laid down in the congress regulations as drafted from time to time

11.3

The Secretary General shall :

 

11.3.1

consult institution members on a suitable venue for each congress and

 

11.3.2

recommend a venue to the council

11.4

The arrangements for a congress shall be the responsibility of the host institution member in consultation with the Secretary General

11.5

The preparations and organisation of congresses shall be conducted according to the procedures as laid down in these by-laws

12. MEETINGS, EXHIBITIONS, AND OTHER EVENTS

12.1

Study tours, workshops and other events which promote general and specific aspects of quantity surveying education and research may be organised within the framework of the association's programme. Dates, venues, themes and all other arrangements shall be subject to prior approval by the council

12.2

The host institution member is solely responsible for the following :

 

12.2.1

funding and sponsorships

 

12.2.2

planning, promotion and organisation and

 

12.2.3

submission of a post-programme report to the council

12.3

An institution member or consortium of several institution members together, may organise regional meetings and arrangements shall be at the initiative of the institution members' consortium concerned

12.4

The budget of all meetings held under the auspices of the association shall include provision for the publication of the principal reports, other communication, a summary of debates and their conclusions and all formal motions

12.5

During congresses or meetings authorised by the council, or under any other circumstances and with the approval of the council, an institution member or region  may organise an event of own choice to be held under the auspices of the association

13. INTERNATIONAL LIAISON AND REPRESENTATION

13.1

Representatives of the association nominated to serve on any boards or councils of other organisations, or the delegates to certain congresses, meetings or events to which the association is invited, shall be approved by the council following nomination by the President in consultation with the Secretary General

13.2

Representatives of the association shall submit reports to the Secretary General, either annually or following upon attendance at a particular meeting

13.3

Travelling and subsistence expenditure incurred by representatives of the association in executing their official duties may be disbursed in accordance with 9.15 of these by-laws

14. INTERPRETATION OF THE BY-LAWS

14.1

Where the constitution and these by-laws do not specifically address or make express provision for any matter related to membership or function of the association, such matters shall be deliberated and determined by the council which shall also decide, in cases of doubt, on the interpretation of any text

15. EFFECTIVE DATE

15.1

The effective date of these by-laws is 21 September 2014

 
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