In keeping with Gujarati tradition and principle, WE shall conduct ourselves with Kinship and Unity.
WE DO HEREBY ADOPT, ENACT AND ACCEPT THIS CONSTITUTION AT OUR GENERAL MEETING THIS 19TH DAY OF FEBRUARY, 1984 AT OTTAWA IN THE REGIONAL MUNICIPALITY OF OTTAWA-CARLETON.
b) To plan and establish a “MANDIR”, a permanent place for worship and to perform religious services.
c) To plan, establish, and operate a centre for education, preservation, and advancement of Gujarati Language, culture, philosophy, history, religion, and folklore including research and teaching of such subjects.
d) To establish a library for members and patrons of the community containing publications related to Gujarati culture, heritage, language, and history.
e) To endeavour to establish a chair at a particular Canadian University for understanding, study, and propagation of Gujarati Culture, language, history, philosophy, and folklore. The Chair would have some type of affiliation with a University in Gujarat (India) and will arrange for the visit of outstanding Gujarati scholars to Canada for studying and contributing to the objectives of the association.
f) To promote cultural understanding with the other communities in the Canadian Society.
g) To assist and cooperate with other organizations in Canada with objectives similar to and complimentary with those setout herein.
h) To make or award, if and when the Corporation may deem it advisable, gifts, or awards to outstanding individuals, organizations or institutions for attaining excellence pertaining in particular to drama, sports, arts and science and to promotion of Gujarati culture in general.
i) To receive and maintain a fund or funds and other property and to apply from time to time such funds or part thereof or the income therefrom for charitable purposes and without limiting the generality of the foregoing.
b) To acquire, accept, solicit or receive by purchase, lease, contract donations, legacy, gift, grant, request or otherwise any kind of real or personal property whether or not the same may be in form of investments in which trustees are authorized to invest funds and to enter into and carry out agreements contracts and undertakings incidental thereto.
c) To hold, manage, sell or to convert any of the real property from time to time owned by the corporation, and invest and reinvest any principal or income of the corporation in investments authorized by law for investment of trust funds.
d) To acquire, by purchase, lease, gift, and other title and to hold any real property necessary for the carrying on of its objectives and convey the same any part thereof as may be considered advisable.
e) To demand, receive, sue for, recover and compel the payment of all sums of money that may become due and payable to the Corporation and to apply the said sums for the objectives and purposes of the Corporation and generally sue.
f) To acquire, accept, solicit or receive any gift of real or personal property either an annual or as other contribution or as an addition to the fund or funds of the Corporation.
g) To borrow, mortgage, charge, or pledge or give security in any manner whatever upon, all or any of the property, real or personal, immovable and moveable, undertakings and rights of the Corporation.
h) To transact its banking with such banks, trust companies, or other firms or corporations as may from time to time be designated by or under the authority of the Board of Directors of the Corporation.
i) To employ and pay such assistants, clerks, agents, representatives, contractors, and employees to procure, equip, and maintain such officers and other facilities to incur such reasonable expenses as may be necessary.
j) To enact and amend the by-laws and letters patent within the laws of the Corporation Act. Other Laws applicable.
PROVIDED, however, that it shall not be lawful for the Corporation hereby incorporated directly or indirectly to transact or undertake any business within the meaning of Loan and Trust Corporation Act.
b) The Corporation shall be subject to the Charities Accounting Act, the Charitable Gifts Act and the Mortmain and Charitable Uses Act.
c) The Directors shall serve as such without remuneration, and no Director shall directly or indirectly receive any profit from his position as such; provided that a Director may be paid reasonable expenses incurred by him in the performance of his duties.
d) The borrowing power of the Corporation pursuant to any by-law passed and confirmed in accordance with section 59 of the Corporation Act shall be limited to borrowing money for current operating expenses, provided that the borrowing power of the Corporation shall not be so limited if it borrows on the security of real or personal property.
e) Upon the dissolution of the Corporation and after the payment of all debts and liabilities, its remaining property shall be distributed or disposed of to charitable organizations, which carry on their work solely in Canada.
f) If it is made to appear to the satisfaction of the Minister, upon report of the Public Trustee, that the Corporation has failed to comply with any of the provisions of the Charities Accounting Act, the Minister may authorize an inquiry for purpose of determining whether or not there is sufficient cause for the Lieutenant Governor, in his discretion, to make an order under sub-sec. 317 (I) of the Corporation Act to cancel the letters patent of the Corporation and declare to be dissolved.
1.01 (b) The “Executive Committee” shall mean the Board of Directors of the Corporation.
1.01 (c) The “Association” shall mean the Corporation, the Gujarati Cultural Association of Ottawa.
1.01 (d) One “Gender” shall include the other Genders;
1.01 (e) “Letters Patent” shall mean the Letters patent incorporating the Corporation, and shall include any supplementary Letters Patent issued to the Association.
3.01 HEAD OFFICE AND AREA OF OPERATION
5.01 ATTAINMENT OF OBJECTIVES
5.01 (b) The Association shall conduct itself with humility and mutual respect without any form of discrimination based on age, sex, creed, economic status or any political differences of opinion.
(i) The Chairman, who shall be the President of the Association, elected from the general membership at the Annual General Meeting.
(ii) Seven members shall be elected from general membership at the Annual General Meeting.
(iii) An ex officio member who shall be immediate past President of the Association. In the event that the past President is not available, the past Vice President or any other member of the past Executive Committee shall be nominated by the outgoing Executive Committee.
6.02 FIRST BOARD
6.03b To be elected to Executive committee the candidate for the President’s Office shall have been member of the Association for at least one year and for others, it shall be at least 6 months.
6.03c Any member of the Association (i) who is not an undischarged bankrupt (personal) (ii) who is not charged with any Criminal Offence and (iii) Who is not of an impeachable moral character, shall be eligible to become a member of the Executive Committee.
6.05b The Executive Committee may exercise all such powers of the Association as are noted by the Ontario Corporation Act or those by-laws required to be exercised by the members at General Meeting.
6.05c The Executive Committee shall have power to authorize expenditure on behalf of the Association from time to time and may delegate by resolution to an officer or officers of the Association the right to make expenditure of a routine nature. The Executive Committee shall establish the maximum limit from time to time, exceeding such a limit for expenses shall require prior approval of the Executive Committee.
6.05d All disbursements or commitments above amount of $5,000 (Five Thousand) shall require authority from General Body by proper resolution at duly constituted meeting.
(i) if member shall resign his office.
(ii) if the member is found to be lunatic or becomes of unsound mind.
(iii) if the Director becomes bankrupt or suspend payments or compounds with his creditors.
(iv) on having a conflict of interest with the office he is holding.
(v) failure to attend three consecutive Executive Committee meetings without proper justification.
(vi) On death; provided that if any vacancy shall occur for any reason in this paragraph, or in Section 6.07, it shall not impair the right of the remaining Executive Committee member.
6.08b Any vacancies occurring by reason of the above shall be filled for the unexpired term by nomination of any member or members by the President in consultation with the Executive Committee. Such nominations shall not exceed three at any time during the life of the Executive Committee.
6.09 EXECUTIVE COMMITTEE MEETINGS & QUORUM
The Executive Committee shall meet as often as deemed necessary but not less frequently than once in every two calendar months.
The President may at any time convene a meeting of Executive Committee Members and shall also convene a meeting upon request in writing by not less than three Executive Committee Members.
The secretary shall give at least one week’s notice of a meeting, unless a majority of the Executive Committee waive notice, in which case the meeting shall be deemed as dully called.
No person shall be admitted to a meeting of the Executive Committee unless authorized by the Act or By-laws or on invitation of the Chairman of the meeting or on the consent of the meeting. However, such person(s) shall have not voting right.
There shall be no vote by proxy.
A minimum of five members shall constitute a quorum for the Executive Committee meetings.
6.11 LIABILITY OF EXECUTIVE COMMITTEE MEMBERS
6.12 INDEMNITY OF EXECUTIVE COMMITTEE MEMBER
(i) borrow money upon the credit of the Association in such amount and in such terms as may deemed expedient by obtaining loans or advances or by way of overdraft or otherwise.
(ii) issue debentures or securities of the Association.
(iii) pledge or sell such bonds, debentures or other securities for such sums and at such prices as may be deemed expedient.
(iv) secure any such bonds, debentures or other securities or any other present or future borrowing or liability of the Association, by mortgage, charges or pledge of all or any currently owned or subsequently acquired real and personal, movable and immoveable; property of the Association, and the undertakings and rights of Associations.
(v) delegate to such one or more of the officers and Executive Committee members of the Association, as may be designated by the Executive Committee all or any of the powers conferred by the foregoing clauses of this by-law to such extent and in such manner as the Executive Committee shall determine at the time of each such delegation.
6.13b The borrowing power of the Association, in accordance with sec. 59 of the Corporation Act shall be limited to borrowing money for current operating expenses, provided that the borrowing power of the Association shall not be so limited if it borrows on the security of real or personal property.
6.13c All borrowings by the Executive Committee for amount above $5,000 (Five Thousand) shall require on authority from the General Body by proper resolution at duly constituted meeting.
6.14b The Executive Committee shall through the President, submit before the members at the Annual General Meeting a report of the Association during the preceding twelve months.
6.14c The Executive Committee shall through the Treasurer, submit before the members at the Annual General Meeting a report of the financial status of the Association including Financial Statements, budget estimates and Auditors report.
(b) The Executive Committee shall take such steps as they may deem requisite to enable the Association to receive donations and benefits for the purpose of furthering the objectives of the Association.
(c) The Executive Committee shall be under a duty to seek all possible tax relief and benefits for the Association, in accordance with law.
(d) The Executive Committee shall be under a duty to adequately insure against any liability or risk arising out of the operations of the association.
(e) As it may be appropriate in circumstances the Executive Committee may acquire an indemnity insurance for officers responsible for collection or safe keeping of cash or other valuable property of the Association.
7.01 PRESIDENT, VICE-PRESIDENT, SECRETARY AND TREASURER
The President upon being elected by the General Body, at an Annual General Meeting, shall in consultation with the Executive Committee nominate from among the elected members a Vice President, a Secretary and a Treasurer who shall hold office until the dissolution of a meeting at which their respective successors are appointed.
7.01b OTHER OFFICERS
The Executive Committee may appoint such other officers or agents or attorneys as may be necessary and may combine any of such offices. The officers so appointed may but need not be a member of the Association.
7.01c One person may but need not hold more than one office
7.03b The President, and elected member to the office, can be impeached only by the General Body by the procedure described in Sec. 6.07.
7.04 INABILITY TO ACT
7.04b In the absence or inability to act by the President, the Vice President or the Treasurer or the Secretary in that order shall perform the duties of the President.
7.06a DUTIES OF THE PRESIDENT
7.06b DUTIES OF THE VICE PRESIDENT
7.06c DUTIES OF THE TREASURE
(ii) The Treasurer shall maintain up-to-date list of fixed assets and records of the financial transactions of the Association. The Treasurer shall be responsible for preparing an Annual Statement of the Finance of the Association, for getting it approved by the Executive Committee, for getting it audited and for presenting the Audited Financial Statement for approval at the Annual General Meeting of the Association.
(iii) The Treasurer shall be subject to the control of the President, and shall exercise such other powers and authority and perform such other duties as may from time to time be prescribed by the Executive Committee or by the President.
7.06d DUTIES OF THE SECRETARY
8.02 NOMINATING COMMITTEE & ELECTION
8.02b The duties of the Nominating Committee subject to the direction of the Executive Committee, is to present nominations for the Executive Committee and a President to be elected at the Annual General Meeting of the Association.
8.02c Any member seeking election or re-election shall not be eligible to be on the Nomination Committee.
8.03d Nominations from members shall be accepted by the Chairman of thee Nominating Committee until seven (7) days prior to the Annual General Meeting provided that all nominations are submitted in writing, duly proposed and seconded by at least two (2) members in good standing and delivered to the President or Secretary of the Association.
8.02e In the event that sufficient nominations to fill the positions described in Section 6.01 are not received by seven days prior to Annual General Meeting, nominations shall be accepted from the floor at the time of the Annual General Meeting. Such nominations has to be proposed and seconded by at least two (2) members in good standing.
8.02f All nomination dully proposed and seconded shall require the written consent of the Nominee.
8.02g All nominations shall be scrutinized by the Nomination Committee for their eligibility. Further provided that it is within the discretion of the Nominating Committee to allow the nominee to stand for an election, such a discretion, being based on the nominees seeking the election, who shall fairly and broadly represented the Interest of Gujarati community in Ottawa and vicinity. Permission to stand for election is deemed to be approval by the Nominating Committee of the nomination.
8.02h Having completed its slate of nominees – the Nominating Committee shall report its recommendations to the Annual General Meeting. For purpose of the election the President shall request the Chairman of Nominating Committee to take over the Chairmanship.
8.02i The Chairman of Nominating Committee may disqualify a nominee if he is found to be unethical in seeking such an election.
8.02j The Chairman of Nominating Committee shall not permit nominee or their supporters to canvass verbally, by signs or by advertising on the day of election, within 100 meters of the precinct where such elections are held. After due warnings to such nominees, if the breach continues, the Chairman may disqualify the nominee from elections and withdraw his name from the nomination. Any member who is aggrieved by the refusal of the Nominating Committee to allow that member to stand for an election shall have recourse to the Executive Committee who may overrule the decision of the Nominating Committee by a two-third majority. The aggrieved member shall be entitled to appear before the Executive Committee to present his case.
8.02k Should a nominee or any other member persist in unparliamentary conduct at a meeting, the Chairman shall be compelled to name him and submit his conduct to the judgement of the meeting. In such case, the person whose conduct is in question should explain and then withdraw, and the meeting shall determine what course to pursue in the matter.
8.02l If the election of the Executive Committee is not by acclamation, the voting shall be by secret ballot.
8.02m The Nomination Committee, with assistance from the Secretary shall count the votes or ballots and declaration by the Secretary shall be final in regards to count in favour or against the candidate or in the matter discussed.
8.02n Recounting of the votes shall be done by the Nominating Committee when the margin of difference is three votes or less.
8.02o On completion of elections, Nominating Committee shall list the names of the new President and Seven Executive Members. The Secretary shall enter these names including the name of ex-officio Member in the records of the Association and notify appropriate authorities.
(ii) Family (husband, wife, and their dependents or a brother/sister and his/her dependents shall constitute a family).
(iii) Honorary Membership shall be available to senior citizens and others who in the opinion of Executive Committee possess exceptional qualities conductive to the furtherance of the objectives of the corporation.
(iv) Life Membership shall be granted to such member upon payment of appropriate fees and on such terms established by the Executive Committee and ratified at the General Body meeting.
9.02 RIGHT TO VOTE
9.02b A family membership shall carry a maximum of two votes to be cast by husband and wife. In the case of a family headed by brother or sister, the head of the family shall be entitled to one vote.
9.02c Honorary members will have the right to attend Annual and Special General Meetings of the members. They shall have no right to vote at such meetings but if elected to Executive Committee, they shall have full voting rights at the meetings of the Executive Committee and General Meetings.
9.02d Life members shall carry one vote.
(i) a member has acted contrary to the interest of the Association
(ii) a member has contravened by-law or the Act.
(iii) a member who has been convicted of criminal offence.
(iv) a member has been identified as being of unfit mind.
9.06b Failure of a member to discharge any financial obligation, including payment of fees to the Association within 120 days of the due date, shall constitute cessation of membership from the association.
9.06c Notwithstanding termination of membership pursuant to section 9.04, 9.05 and 9.06(b),a member shall continue to be liable for any financial obligation and/or fees due and owing at the time of termination of membership.
9.07 CODE OF CONDUCT
9.07b All members shall refrain from smoking and not be permitted to consume liquor, intoxicating drug or non-vegetarian food, within precinct of a temple so as to maintain purity and sanctity of the place of worship.
Annual General Meeting of the corporation shall be held at such time and place as may be decided upon by the Executive Committee. The meeting shall be held on or before the last Sunday of April, each year. Elapsed time between Annual Meetings shall not exceed the maximum time permitted by the Act.
A Special General Meeting of the members may be held at such time and place as may be decided upon by the Executive Committee. It shall be called based upon resolution passed by a two-thirds majority vote of the Executive Committee, or by the President, or by a written request to the President signed by at least fifteen voting members or fifteen percent of the membership, whichever is less. Upon receipt of such a request the President shall call a Special General Meeting within six weeks from the date of receipt of written request.
10.03 NOTICE OF MEETINGS
10.04b All available officers and no less than five members of Executive Committee shall be present at a General Meeting.
10.04c Auditor of the Association, may attend the Annual General Meeting.
10.07 VOTING AT MEETING
10.07b If a poll be required by the Chairman of the meeting or be duly demanded by majority of members and the demand not be withdrawn, a poll on the question shall be taken in such manner and at such time as the Chairman of the meeting shall direct.
10.07c Unless a poll is demanded by a majority of members, a declaration by the Secretary shall be admissible in evidence as prime facie proof of the facts concerning any resolution without proof of number of proportion of the votes accorded in favour or against such a resolution.
10.08 CASTING VOTE
10.10 BUSINESS TO BE TRANSACTED
(i) Reading and approval of minutes of the last General Meeting.
(ii) Reports on activities of the Association by the President and/or Secretary.
(iii) Treasurer’s Report including an audited Statement of Accounts.
(iv) Determination of membership dues for the following year.
(v) Appointment of Auditor.
(vi) Announcement of the name of the ex-officio member by the outgoing Executive Committee.
(vii) Election of the President and seven members of the Executive Committee.
(viii) Any other pertinent business.
10.10b Special General Meeting shall deal only with the subject specified in the notice of the meeting.
10.10c In addition to all rights and powers otherwise enjoyed and subject to any provisions to the contrary in the Act, or the Letters Patent the members may transact and do all business at a duly called and held meeting of members, which the Executive Committee can transact and do at a meeting of the Executive Committee.
10.10d Meeting shall be conducted in the Gujarati and/or English languages and the minutes shall be recorded in English.
11.01 FISCAL YEAR
12.01 FISCAL MATTERS
12.01b All monetary transactions shall be made in the name of the Association. All cheques or withdrawal pertaining to outgoing funds shall be signed jointly by the President or the Vice President together with the Secretary or the Treasurer.
12.02 CAPITAL FUND
13.01 EXECUTION OF DOCUMENTS
13.01b The Executive Committee shall have power from time to time by resolution to appoint any other officers or persons on behalf of the Association to sign specific instruments in writing under the Seal of the Corporation.
15.01 INTERPRETATION AND AMENDMENT OF BY-LAWS AND LETTERS PATENT
15.02b Amendment to Letters Patent shall require approval of a clear 2/3 majority at a General meeting.
15.02c Provided the amendments under a and b shall not be enforced or acted upon until approval of the Minister or other person if any designated in the Act has been obtained.
16.01b The Association shall use its funds only to accomplish the objectives and purposes specified in these by-laws and Letters Patent. No part of said funds shall inure, or be distributed to the members of the Association. On dissolution of the Corporation and after payment of all debts and liabilities, its remaining property shall be distributed and disposed of by the Executive Committee as approved at a General Meeting to one or more recognized educational, scientific, philanthropic or similar organizations within Canada.
|Name in full, including all given names||Residence address giving street & No. or RR No. & Municipality or Post Office and Postal Code||Profession|
|Dr. Surendra Patel||18 Fifeshire Cres.,Nepean, Ontario, K2E 7G8||Physician|
|Virendra Mehta||23 Dorey Court,Kanata, Ontario, K2L 2V5||Accountant|
|Janak Shah||7 Mancil Drive,Nepean, Ontario, K2J 2K5||Chartered Accountant|
|Mahendra Karia||428A Moodie DriveNepean, Ontario, K2H 8A6||Accountant|
|Vinod Shah||27 McLennan Way,Kanata, Ontario, K2L 2N1||Prof. Engineer|
|Mahendra Patel||347 Dufferin Street,Carlton Place, Ontario, K7C 3K4||Engineer|
|Shobhna Patel||7 Klein Court,Kanata, Ontario, K2L 2X7||Homemaker|
|Swati Patel||537-790 Springland Dr.,Ottawa, Ontario, K1V 6L7||Homemaker|
|Narendra Mehta||938-2660 Norberry Cres.,Ottawa, Ontario, K1V 6N2||Engineer|
|Jayvadan Bhatt||7 Lacewood Court,Nepean, Ontario, K2E 2E2||Prof. Engineer|
|Kishor Shanghavi||241 Patricia Ave.,Ottawa, Ontario, K1Y 0C6||Accountant|
BOARD OF TRUSTEES
DUTIES AND POWERS
- The Board of Trustees is responsible for ensuring that the management activities and fiscal affairs of the Association are run within the confines of the Constitution. The Board of Trustees will give due consideration to a complaint or complaints given in writing laid by any member of the Association and cosigned by two active members of the Association within this context.
- The Board of Trustees will take over the management and running of affairs of the Association in the event that the Executive Committee is not elected in conformity with the constitution, or in the event that the Executive Committee members resign en masse.
- The Board of Trustees may appoint, at its discretion, members from the General Body to the Executive Committee to run the affairs of the Association until such time that a new Executive Committee is duly elected.
- In the event that the Executive Committee is not able to fulfill its obligations, the Board of Trustees shall take adequate action required by the Act and Laws of Ontario.
- In the event that grievances have been filed by the members of the Executive Committee against each other to the Board of Trustees, and if in the opinion of the Trustees the Executive Committee has been dysfunctional, the Trustees may at its discretion dissolve the Executive Committee and propose necessary actions without any further recourse by the outgoing Executive Committee. Decisions will be by simple majority within confines of By Laws within the context of the general interest of the Community.
- In order for the Trustees to remain abreast on the affairs of the Association. The Executive Committee shall pre inform the Trustees of upcoming meetings. Trustees may attend all Executive Committee meetings and may express opinions, but shall have no voting privileges. Copies of all minutes shall be sent to all members of the Board of Trustees.
The chairman of the Board of Trustees shall present a report of the past years activities at the Annual General Meeting.
ELECTION OF TRUSTEES
Elect one trustee to serve for a period of five ( 5 ) years,
Elect one trustee to serve for a period of four ( 4 ) years,
Elect one trustee to serve for a period of three ( 3) years,
Thereafter, upon expiration elect a new Trustee or same Trustee can be reelected.
We are also pleased to announce that at Special General Meeting following Trustees were duly nominated and elected for a term of five years on rotation basis.
Mr. Balwant Mistry 613-825-3160
Dr. Pradeep Merchant 613-737-4062
Mr. Chandrakant Mehta 613-592-7670
Mr. Raman Desai 613-726-8870
Mr. Kalyandas Kanabar 613-721-9955