HTO Final Constitution

8/8/2019 HTO Final Constitution

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HUMANSDORP TOURISM ORGANIZATIONFINAL CONSTITUTION

1. MEMORANDUM OF UNDERSTANDING

The duly constituted Humansdorp Tourism Organization (HTO) agrees to abide

by the five guiding principles for the establishment of LTOs as defined by the

Kouga Municipality and Cacadu District Municipality (CDM) in consultation with

functional tourism organizations already established and operating within the

Cacadu district.

Principle 1: The Kouga Local Municipality and any public organization may

be involved in the HTO, as an Observer / technical advisor;

Principle 2: The local communities must be involved in and represented on

the HTO;

Principle 3: There must be a formal agreement in place (Memorandum of

Understanding) between the parties to the HTO;

Principle 4: All geographic areas incorporated in the Humansdorp area must

be represented on the HTO. In cases where there is a lack of

participation and involvement the HTO must make every effort

to encourage representation. They shall be properly constituted

and be affiliated;

Principle 5: The primary function of the HTO is marketing the Humansdorp

area as a tourism destination, in partnership with the Local

Municipality whose role is tourism development.

2. NAME:

The name of the Humandorp Tourism Organization shall be Humansdorp

Tourism Organization, hereinafter referred to as the "HTO".

3. LOCATION:


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The office of the HTO shall be at Humansdorp Cultural Centre.

4. ROLE AND FUNCTION OF THE H TO :

The key functions of the HTO are to serve as:

Facilitator

Initiator

Match-maker

Communicator

In fulfilling these key tasks the Core Function of the HTO is to effectively implement

the Kouga Responsible Tourism Sector Plan (RTSP) and the agreed Plan ofAction

from which an overall Tourism Strategy for the Kouga Local Municipality area

should be developed.

5. OBJECTIVES:

The objective of the HTO shall be:-

5.1To develop and promote tourism in the Humansdorp area.

5.2To establish a vigorous tourism culture in the Humansdorp area and to

ensure that the benefits of tourism flow to the local community and are

understood and shared by all.

5.3To protect the natural and built environment of the Humansdorp area from

exploitation.

5.4To preserve the cultural heritage of the Humansdorp area.

5.5 To formulate strategies which ensure that socio-economic needs are

balanced with the preservation of cultural and biological diversity of

the Humansdorp area.


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5.6To build a positive image and brand identity for the Humansdorp area and

its geographic position.

5.7 To originate and facilitate publicity campaigns and events to attract

attention to the Humansdorp area and its immediate environs.

5.8 To adopt an integrated approach to all tourism development in the

Humansdorp area in harmony with the environment.

5.9To co-operate with any other bodies or organizations, at local, regional,

provincial or national level, to optimize the full tourism potential of the

Humansdorp area.

5.10 To implement a continuous program of product development to widen

the scope for tourist interest and activity, to include tourist routes,

packaged tours and marketing tools such as promotional items for

sale, activity maps, visitor guides and product brochures.

5.11 To implement a cost-effective program of marketing actions to

promote the tourism products of the Humansdorp area to domestic

and international markets.

5.12 To manage the HTO, either in a virtual or real office for the

dissemination of information, assistance and education, for the benefit

of both visitors and residents.

5.13 To encourage excellence in all aspects of tourism service in the

Humansdorp area and to foster training to that end.

5.14 To foster and encourage a spirit of civic pride and civic consciousness

among the citizens of Humansdorp thereby enhancing a sense of well

being.

6. STATUS:

6.1The HTO is an unincorporated legal entity.


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6.2The income of the HTO shall be applied solely towards the achievement of

the objects as outlined in the Constitution.

6.3 All assets, funds and property of the HTO shall be registered in the nameof Humansdorp Tourism Organization.

6.4 No member of the HTO shall be liable for any debts or obligations of the

HTO or any claim or action brought against the HTO.

7. MEMBERSHIP

7.1 Any person or organization who subscribes to the object of the HTO may

apply for membership.

7.2Applications for membership shall be on the prescribed form and signed

by the Applicant

8. TRUSTEES:

The Chairperson, Vice-Chairperson and Treasurer shall be the Trustees of

Humansdorp Tourism.

By resolution of the Management Committee, any one of these Trustees may

be authorized to sign a Power of Attorney, Deed, Document or Transfer in the

name of the HTO and to institute or defend any action at Law on its behalf.

9. MANAGEMENT AND THE MANAGEMENT COMMITTEE:

Management of the HTO shall be vested in a Management Committee which

shall be constituted of representatives nominated annually at the Annual

General Meeting by tourism sector stakeholders and members of the HTO ingood standing. Each stakeholder and / or member shall carry one vote only.

The size of the Committee should not exceed 8 - 10 members and have

balanced representation from Tourism skilled and experienced people and

representation of various race groups to ensure that sufficient skills and

experience are available to implement a strategic Plan of Action.


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Preferably members nominated from the tourism industry should be

registered with one of the 16 travel & tourism industry associations in South

Africa and also with the Eastern Cape Tourism Board (ECTB) to ensure

provincial and national support and for lobbying purposes.

The composition of the Management Committee should include if possible

representatives from a wide cross section of stakeholders with a vested

interest in the future development and promotion of tourism in the

Humansdorp area such as:

9.1 A representative from each of the Geographic Local Tourism Offices within

the Kouga Municipality boundaries;

9.2 One representative from Arts & Crafts;

9.3 One representative from the Cultural Sector e.g. Local Museum;

9.4 One representative from the Accommodation & Restaurants sector;

9.5 One representative from the Protected Area/ Conservation Sector;

9.6 One Representative from a Tour Operator Association;

9.7Additional Members with relevant expertise could be co-opted on an ad

hoc basis when certain skills and expertise are required.

Management of the HTO:

10.1A Chairperson and Vice-Chairperson shall be elected at the first

Management Committee meeting after the Annual General Meeting, by

a show of hands or by secret ballot as shall be decided at such a

meeting;


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10.2 The Management Committee shall have the power to co-opt

members, appoint special Sub-Committees, and to co-opt members to

serve on such Sub-Committees;

10.3 Such co-opted members shall not have a vote.

10.4 The Management Committee shall meet every two months or more

often if necessary.

10.5 A quorum of the Management Committee shall consist of fifty

percent plus one of the elected members;

10.6 Minutes shall be kept of all Management Committee meetings;

10.7 In cases of equality of votes, the Chairperson shall at all meetings

have a casting vote in addition to his/her own vote;

10.8 Should a Management Committee member be absent for three

consecutive meetings, he/she shall forfeit his/her position and a

replacement shall be co-opted until the next Annual General Meeting.

Such a replacement would be entitled to a vote;

10.9 The Management Committee shall have the right to co-opt a

Director/ Officer and whatever other staff are required for the efficient

conduct of the HTO business but on the understanding that funds

provided by the Cacadu District Municipality cannot be used for this

purpose.

11. POWERS OF THE MANAGEMENT COMMITTEE:

The Management Committee shall have power to carry out the objects of the

HTO in accordance with this Constitution and in particular, but without limiting

the generality of same to have the following powers:-

11.1 To receive, administer and apply the monies of the HTO.


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11.2 To open and conduct a bank account.

11.3 In all financial transactions, the authorized signatories of the HTO

shall be any two of the following three office holders: The Chairperson,

Vice-Chairperson and the Treasurer.

11.4 To appoint and determine the remuneration of an Auditor and in the

event of the Auditor resigning to appoint an Auditor to take his/her

place until the next Annual General Meeting.

11.5 To enter into and sign any contract or documents in the name of the

HTO and to institute, conduct, defend, compound or abandon any legal

proceedings by or against the HTO.

11.6 To institute, conduct, defend, compromise or abandon any legal

proceedings by or against the HTO or its officers or otherwise

concerning its affairs.

11.7 The Management Committee may purchase or otherwise acquire,

let, hire, sell or deal with property, movable and immovable. Such

property shall be registered in the name of the HTO and all property,movable and immovable, shall always be held and dealt with subject to

the approval of the Management Committee.

11.8 To regulate these meetings and meetings of any sub-committee

thereof in such manner as it may decide.

11.9 To do all such other acts as in its opinion are conducive to the

attainment of the objects of the HTO.

12. THE EXECUTIVE COMMITTEE:

12.1 An Executive Committee shall be elected at the first Management

Committee meeting following the annual general meeting. The


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Executive Committee shall consist of the Chairperson, Vice-

Chairperson and the Treasurer.

12.2 The Executive Committee will be responsible, under the Management

Committee, for taking decisions relating to the day-to-day running of the HTO,

including the development of marketing tools, advertising in tourism-relatedpublications, interactive website design, travel trade shows, road shows,

educational tours, media tours, etc.

12.3 The Executive Committee shall meet bi-monthly or more often if

necessary.

12.4 Minutes shall be kept of all Executive Committee meetings.

13. FINANCIAL ADMINISTRATION:

13.1 True accounts shall be kept of monies received and

expended by the HTO.

13.2 The HTO shall maintain account(s) under its name with any bank or

financial institution as it may from time to time determine.

13.3 All monies received shall be paid into a Bank account and all

disbursements shall be made by internet banking and requisitions shallbe signed by all three of the following:-

The Chairperson, Susan, and Treasurer and one other member

appointed in the absence of an officer.

13.4 The financial year shall be from 1st July of one year to

30th June of the next year.

13.5 The accounts shall be examined monthly by a suitably qualified

person or account firm appointed by the HTO.

13.6 Such accounts shall be presented annually at the Annual General

Meeting.


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14. GENERAL MEETINGS:

14.1 The HTO shall hold its Annual General Meeting on or near the last

Thursday of August in order to:-

14.2 Receive an annual report;

14.3 Consider the audited accounts;

14.4 Elect Management Committee members;

14.5 Deal with any other matters raised by paid-up members at the

meeting.

14.6 A Special General Meeting may be called on written request by at

least 25% of the members of the HTO, or at the discretion of the

Management Committee, should the need arise.

14.7 At least 14 days notice shall be given to members of any Special or

Annual General Meetings.

14.8 A quorum at any Special or Annual General Meeting shall be 10% of

members present in person.

14.9 Should such a General Meeting not constitute a quorum, a Special

General Meeting shall be called for within three weeks thereof to

consider the same business and at which all those present shall

constitute a quorum.

15. AMENDMENT OF CONSTITUTION:

The Constitution of the HTO may be amended or added to by the members at

any Special or Annual General Meeting provided that at least 14 days notice of

such amendment is given to members before the Special or Annual General

Meeting in question is held and that such amendment is approved by at least

two-thirds of the members present.


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16. DISSOLUTION

16.1 In the event of the Management Committee being of the opinion that

the HTO is no longer able to carry out the objects for which it was

originally established, the Management Committee shall convene anExtraordinary General Meeting of the HTO on 21 (twenty one) day's

notice to all members to consider and vote upon whether the HTO

should be wound up and dissolved.

16.2 In the event of a majority of the votes passed at such meeting being in

favor of the winding up and dissolution of the HTO, the Management

Committee shall remain in office until such time as the debts of the

HTO have been paid and the assets of the HTO delivered to a new LTO

of like aims and objectives as determined by the ManagementCommittee.

Dated at HUMANSDORP on this..dayof..2010

Juline Prinsloo_________________ MJ de Bruyn_______________

Full name of the Signatory Full name of the Signatory

Chair Person_________________ Vice Chair__________________Capacity of Signatory Capacity of Signatory

... .

..Signature Signature

Anita van der Merwe______________Full name of the Signatory


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Treasurer______________Capacity of Signatory

...Signature

HTO Final Constitution

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Transcript of HTO Final Constitution