Sikh Association of South Australia ... - Gursangat Sahib

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1 | Page Sikh Association of South Australia Incorporated CONSTITUTION ਏਕੁ ਪਿਤਾ ਏਕਸ ਕੇ ਹਮ ਬਾਪਿਕ

Transcript of Sikh Association of South Australia ... - Gursangat Sahib

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TABLE OF CONTENTS

PAGE

1. ASSOCIATION NAME 3

2. OBJECTIVES 4

3. PRINCIPLES 5

4. MEMBERSHIP 6

5. TEAMS 7

6. WORKING COMMITTEE 8

7. GOVERNING COUNCIL 9

8. SUSPENSION OR EXPULSION OF MEMBERS 10

9. GOVERNING COUNCIL RESPONSIBILITIES AND AUTHORITIES 10

10. MANAGEMENT OF ASSOCIATION 11

11. PROCEEDING OF THE WORKING COMMITTEE 15

12. GENERAL MEETINGS 16

13. QUORUM AND PROCEEDINGS AT MEETINGS 17

14. MINUTES OF MEETINGS 19

15. RULES OF ASSOCIATION 20

16. GURDWARA SAHIB MARYADA 21

17. COMPLAINTS RESOLVING 21

18. COMMON SEAL OF THE ASSOCIATION 22

19. RECORDS OF THE ASSOCIATION 22

20. DISTRIBUTION OF SURPLUS PROPERTY ON WINDING UP 23

21. DONATION AND FUNDS 24

22. INTERNAL RULES 26

APPENDIX - DEFINITIONS 27

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1. ASSOCIATION NAME

1.1 Name The name of the incorporated Association is Sikh Association of South Australia

Incorporated (the Association)

1.2 Powers of the Association The Association shall have all the powers conferred by section 25 of the Act to further

the objects of the Association.

1.3 Background

South Australia supports a massive multicultural society which is growing at rapid pace. In parallel to other communities, the Sikh community, which is the fifth largest religion of the world, has also grown in numbers in the last decade and is still growing. The primary and highly important part of being a Sikh, in addition to other important parts of life, is living a life as per Guru’s teachings, irrespective of where in the world a Sikh is living. In order to fulfil and accomplish the religious needs (refer to Clause 2.1) of the growing Sikh community, we need to develop a religious place that will be large enough to meet the growing Sikh community needs.

1.4 Policy The Association is dedicated to the religious development of the Sikh community. The purpose of the Association is to fulfil the socio- religious needs of the community in the future. In order to run the Association independently and smoothly, it will have regulations and policies as determined by the Governing Council; it will abide by all laws and regulations, including the Associations Incorporation Act 1985 (the Act). The Association will hold the following policies in order to perform various internal and external functions and to fulfil the objectives as detailed in Clause 2.1

1.4.1 As foremost policy, the Association will follow the ‘Sikh Code of Conduct’ (Shri Akal

Takhat Sahib Rehat Maryada 1950) at the strictest level. 1.4.2 The Association has a policy of no discrimination against any individual or group of

individuals based on their gender, social/financial status, caste (social status as practised in India), physical deficiency or religion.

1.4.3 The Association has a policy of following the three pillars (Kiirat Karo, Naam Japo, and Vandand Shako) constructed and taught by the first Guru of Sikhs named Sri Guru Nanak Dev Sahib Jee.

1.4.4 The Association has also a policy of helping people, communities and anybody in need due to natural disaster, poverty, medical illness or any other natural or genuine cause.

1.4.5 The Association has a policy of promoting, educating and making the local communities aware of Sikhism for mutual peaceful understanding and multi-cultural coexistence as one humanity.

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2. OBJECTIVES

The main objective of the Association is to provide service to the Sikh community from a religious development perspective. The objectives of the Association mainly focus on the basic concept of Sikh religious principles, as applicable to the individual Sikh, to live a life of a true Sikh. Other than serving the Sikh community for their religious education and development, service to other communities for their welfare will always be the secondary aim of the Association. As per Sikh principles, a Sikh should serve and work for the welfare of the whole of mankind without any discrimination. The true living of Sikh is only possible with timely and dedicated development of Sikhs in order to spread the message of selfless service to all humans. Thus, the development to be a true Sikh becomes the primary objective of this Association. Objectives in detail are given below.

Cultural rituals, traditions, functions and events of the present age Sikhs are respected but won’t form part of the religious development as these do not depict the true picture of Sikh history and religion, but a mix of many existing cultures, rituals and traditions in the native country. This type of changed culture shall never be attached as part of the Association throughout the life of the Association for any direct or indirect related activities such as dance, entertainment sessions, celebrations of birthdays, marriages and so on. The cultural values and traditions established, taught, developed and introduced into Sikhism by the Gurus will always stay the integral part of the teachings and promotions along with practical aspect in order to induce true values of a true Sikh as defined in Sri Guru Granth Sahib Jee and Bhai Gurdas Ji.

2.1 Primary Objectives The Association is formed to be a charity to advance the Sikh religion, by fulfilling the following purposes:

2.1.1 To help the Sikh community to have an ample and genuine opportunity to be a true Sikh as per Sikh principles;

2.1.2 To establish and maintain a regular and disciplined school to teach Punjabi language and Sikh history, imparting the knowledge and opportunity to learn spiritual concepts in order to sustain a well balanced approach to live life in mind and body, for overall development as a responsible human being and a Sikh. The school will support cultural education including teaching of Punjabi language, traditional cultural music, Sikh history, traditions, values and culture, health of mind and body, peaceful co-existence of multicultural societies and tolerance and many more valuable concepts of life to the existing and future Sikh generations;

2.1.3 To establish and run an independent worship place of religious education and development;

2.1.4 To organise various prayer and meditation activities for all age groups of the Sikh community, without hampering the Sikh code of conduct;

2.1.5 To help the Sikh community socialise and interact with other communities within Australia for peaceful co-existence in institutes such as schools, universities etc., through local engagement with other communities;

2.1.6 To establish and maintain an elderly care centre for relevant people of the Sikh community and other communities, without violating basic Sikh principles.

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2.2 Foundation of Objectives The foundation of the objectives of the Association shall be directly based on the teachings and guidance of the ten Gurus and Sri Guru Granth Sahib Jee. The primary objective of this organisation shall be to always serve the Sikh community’s religious and spiritual development at all levels. Further objectives at secondary level are to provide similar selfless service to other communities without any direct or indirect contradictions to the Sikh code of conduct and basic principles of Sikhism.

2.3 Priorities of Objectives In order to accomplish the objectives of independent Sikh Gurdwara, the Association may require funds which shall be raised by the members. The Association may also require establishing commercial ventures to financially support the Association in establishment of Sikh Gurdwara.

Free or low cost services shall be initiated for the benefit of other communities, such as blood donation camps, provision of free food, and other services in accordance with the objectives of the Association, on its own or in partnership with other non-profit organisations.

2.4 Not for Profit The property and income of the Association shall be applied solely towards the promotion of the objects of the Association and no part of that property or income may be paid or otherwise distributed, directly or indirectly to members.

3. PRINCIPLES

3.1 Definitions of the words related to Sikhism There are various words which form a vital part of this document and have roots in the Sikh religion, its language Gurmukhi and Punjabi, its history and so on. The details of all such words are included in the Appendix. No changes as such to the basic facts and historical meanings of these words shall be permitted at any stage of the Association.

3.2 Living as a Sikh Living as a Sikh is at the highest level of simplicity and has two aspects: personal (spiritualism) and Panthic (religious activities).

3.3 Sikh Code of Conduct (Rehat Maryada) The Sikh code of conduct is known as Rehat Maryada in Punjabi, and is the highest level of promise for a Sikh to accept and practise in daily and spiritual, and life as close functioning with and in the vicinity of the Guru. Rehat Maryada is the code of conduct for Sikhism. The Rehat Maryada as documented and accepted in this document is in Association with the Standard Rehat Maryada developed by Sikh scholars in 1950 and is part of the code of conduct for Sikhs in the SGPC2 constitution. Rehat Maryada is the minimum level of standard practice that a Sikh or a devotee needs to follow for any activity at a personal or communal platform while in the Gurdwara or within the community. Rehat Maryada is a basic discipline for a Sikh in order to coexist in Gurdwara and participate in the communal activities of the Association. Rehat Maryada is not restrictive but is a defined way to perform various religious activities.

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4. MEMBERSHIP

The purpose of membership is to provide Sikh Sangant platform to be part of the

Association and to maintain Gurudwara Sahib as per Sikh code of conduct.

4.1 Membership Eligibility Any person willing to become a member must comply with the following:

1. Any person who believes in the Sikhism and has faith in the Sri Guru Granth Sahib Ji

and follows the Akal Takhat Rehat Maryada.

2. Any person who genuinely wants to be a part of the Association and to achieve the

objectives of the Association.

3. Any person who is an Australian citizen or Permanent Resident or holding any other

permanent Visa that will allow them to stay in Australia for minimum of three years.

4. Any person who has lived in South Australia for at least one year

5. Membership will be allowed to one member per family to represent their views in the

Association, where a family includes husband, wife and children under 18.

6. Persons over 18 can apply for their own membership.

7. The member must complete and sign the membership form provided by the Association

and must pay the membership fee paid into the Association’s bank account.

8. The length of the membership is two years

9. Every member must renew their membership every two years. Membership renewal will

open six months prior to the Working Committee selection process.

10. The membership process must be completed three months before the Working

Committee selection process.

11. Members must provide their phone number, address and email address to the

Association, and must advise of any change to these details.

4.2 MEMBERSHIP NUMBER & REGISTER Every member of the Association will be assigned a membership number which will be

their identification for the use of the Association. The membership number will be used

to generate the teams for the selection of the Working Committee and for the Governing

Council. The membership number will be assigned on a first-come-first-serve basis, in

the presence of the Governing Council. A bank receipt showing payment of the

membership fee must be attached to the membership form.

A register of members must be kept and contain: a) the name and address of each member b) the email address of each member c) the phone number of each member d) the date on which each member was admitted to, or resigned from, the

Association e) the date of and reason(s) for termination of membership (if applicable).

4.3 RESIGNATIONS A member may resign from membership of the Association by giving written notice to

the secretary or public officer of the Association. Any resigning member shall be liable

for any outstanding subscriptions which may be recovered as a debt due to the

Association.

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5. TEAMS

5.1 TEAMS FORMATION The purpose of making teams of members is to make the selection process easy, fair

and as per Sikh philosophy of selection. After finalising the membership process, the

Governing Council will form the teams of the members. The rules to make teams are:

5.1.1 Team formation of the members will be according to the membership numbers assigned

to every member as per section 4.2.

5.1.2 For simplicity, the teams will be named as Number 1, Number 2, etc.

5.1.3 Teams will be reconstructed every time there is a selection of a new Working Committee.

5.1.4 The teams must have an equal number of members. If the number of members is not

equal, then a member may be in more than one team.

5.1.5 The minimum number of the members in each team will be five and maximum number

of members is fifteen. The size of the team will be selected to comply with rule 5.1.3.

The number of members in a team will be decided by the Governing Council according

to the total membership of the Association.

5.1.6 A team must not consist of consecutive membership numbers; rather it must be a

random sequence of membership numbers.

5.1.7 The number of teams must be at least double the number of committee members to be

selected. There is no maximum number of teams.

5.1.8 Teams must be created at least two months prior to the committee selection process.

5.1.9 Teams must be created in the presence of the Governing Council.

5.1.9.1 It is the responsibility of the secretary to form the teams and to notify the members.

5.1.9.2 The team number, member list, team leader selection, time and place for meeting will

be sent to every member via email or post.

5.1.9.3 Team leader selection will be completed by the Governing Council within six weeks

of the teams being formed, and two weeks prior to the Working Committee selection

process.

5.1.9.4 At least two thirds of the team members must be present to select the team leader

5.1.9.5 Nomination for the team leader must be in writing. Nominations can be sent

electronically or in paper form.

5.2 TEAM LEADER SELECTION To become the leader of a team, an individual must comply with the Rehat Maryada

described by Shri Akal Thakhat Sahib. A team leader can only be selected twice

consecutively to act as a team leader. A team leader cannot serve more than six years

in any eight year period. It is the responsibility of each team leader to manage effective

communication within their team and to deliver Association messages to every member

of the team.

The section of the team leader will be conducted by the Governing Council. The

procedure to select team leader is:

5.2.1 Any member interested to be a team leader should submit the nomination form provided by the Association.

5.2.2 The Governing Council will arrange a meeting for each team. 5.2.3 Governing Council members will discuss all the nominations with the team. 5.2.4 Team members will be allowed time to decide a team leader through Gurmatta. 5.2.5 If team members can not agree on one leader then the names of all the nominees will

be written on identical paper slips and placed in front of Guru Granth Sahib Ji. The name slips are placed in different boxes marked with the team name and Granthi Singh is asked to perform Ardas.

5.2.6 After completing the Ardas, Granthi Singh will pick one slip from each box and read the name to Sangat.

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5.2.7 To keep the process free from any influence, it is Governing Council’s duty that the person performing the Ardas and picking the slips must not be present while the name slips are being written.

5.2.8 During the Ardas, all team members must be present 5.2.9 The Governing Council can arrange more than one team meeting on consecutive days

if required. 5.2.10 Governing Council must document all the nominations and other proceedings in the

meeting minutes.

6. WORKING COMMITTEE

The first Working Committee will be formed when the project of new Gurdwara Sahib

physically starts. The Governing Council will decide with the advice of Sikh Sangat when

the Working Committee will take charge of the project. When the Working Committee is

formed, it will handle the day to day work of the Gurdwara Sahib and Governing Council

will oversee it. The Governing Council and Working Committee duties and powers are

as per Section 10.

6.1 SELECTION OF WORKING COMMITTEE The selection of the Working Committee will be as per the procedure below:

6.1.1 The selection of the Working Committee will take place every two years at the Annual

General Meeting (AGM) of the Association.

6.1.2 The names of all the team leaders selected as per section 5, written on identical paper

slips, will be placed in front of the Shri Guru Granth Sahib Ji.

6.1.3 The Granthi Singh on duty will perform Ardas and will seek the permission from Shri

Guru Granth Sahib Ji to select the Working Committee.

6.1.4 The Granthi Singh will pick seven slips and will read the name of the selected Committee

members to the AGM.

6.1.5 To keep the process free from any influence, it is Governing Council’s duty that the person performing the Ardas and picking the slips must not be present while the name slips are being written.

6.1.6 The team members selected as Working Committee members or Governing Council members must provide their written consent for a police check.

6.1.7 The Working Committee shall appoint a public officer as required by the Act. 6.1.8 The Working Committee may appoint a person to fill a casual vacancy, and such a

working Committee member shall hold office until the next Annual General Meeting of the Association and shall be eligible for selection to the Working Committee, as per the above procedure.

6.2 DISQUALIFICATION OF WORKING COMMITTEE MEMBERS The office of a Working Committee member shall become vacant if a working Committee member is a) Disqualified from being a committee member by the Act b) Expelled as a member under these rules c) Permanently incapacitated by ill health, or d) Absent without apology for more than four meetings in a financial year.

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7. GOVERNING COUNCIL

Governing Council will work in two phases throughout the Gurdwara Sahib project.

Phase One: this starts by selecting the first Governing Council.

Phase Two: this starts when Gurdwara Sahib is physically built.

7.1 SELECTION OF TEMPORARY GOVERNING COUNCIL

A temporary Governing Council will be selected by Sangat. Any person who was an

active member of any Gurdwara or a member of a similar project may not be selected

as a member of the temporary Governing Council. The temporary Governing Council

will register the Association with the appropriate authority, open a bank account in the

name of the Association and start the membership process as described in section 4.

The temporary Governing Council will form the teams and choose the team leaders as

per section 5. The names of the team leaders will be placed in front of Guru Granth

Sahib Ji and Granthi Singh will seek permission from Guru and pick five slips.

These five members will form the first Governing Council of the Association and will lead

the project of building the new Gurdwara Sahib.

7.2 SELECTION OF GOVERNING COUNCIL Phase two of the Governing Council will be considered when the Gurdwara Sahib project

is completed and Guru Granth Sahib parkash is done. During the first year of Gurdwara

Sahib operations, the Governing Council members will stay the same as those selected

during first phase. The Governing Council members will be changed one by one, not

replaced at once. Every year one member of the Governing Council will be replaced with

a new member. The process of changing Governing Council members is:

7.2.1 The Governing Council will ask if anyone is willing to leave their position voluntarily as a

Governing Council member.

7.2.2 If no volunteer comes forward, then the names of all members will be written on identical

paper slips and presented in front of Guru Granth Sahib Ji. Ardas will be performed and

one name will be selected. Next year the retiring member will be chosen from the

remaining four Governing Council members and so on.

7.2.3 The above process to replace Governing Council members will continue for four years

until all members of the first Governing Council have been replaced with new members.

7.2.4 After replacing all five members of the first Governing Council, every year a Governing

Council member who has completed their five year term will retire.

7.2.5 The retiring members are eligible to be selected again as team leaders and can be

selected as members of the Governing Council or the Working Committee.

7.2.6 The selection of the Governing Council member will be the same as choosing a name

from the existing team leaders in front of Guru Granth Sahib Ji.

7.2.7 The selection of a new member of the Governing Council will occur every year at the

AGM.

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8. SUSPENSION OR EXPULSION OF MEMBERS

The rules of suspension or expulsion of members from the Association applies to team members and team leaders, as per the procedure below:

8.1 If the Working Committee considers that a member should be suspended or expelled from membership of the Association because his or her conduct is detrimental to the interests of the Association, the Committee must communicate in writing, to the member: a. notice of the proposed suspension or expulsion and the time, date and place of the

Working Committee meeting at which the matter of that suspension or expulsion

will be decided; and

b. particulars of the detrimental conduct. not less than 30 days before the date of the Working Committee meeting referred to in paragraph a.

8.2 At the Working Committee meeting referred to above, the Working Committee may,

having afforded the member concerned a reasonable opportunity to be heard by or to

make representations in writing to the Working Committee, suspend or expel or

decline to suspend or expel that member from membership of the Association and

must, after deciding whether or not to suspend or expel that member, communicate

that decision in writing to that member.

8.3 A member who has his or her membership suspended or is expelled from membership of the Association, ceases to be a member 14 days after the day on which the decision to suspend or expel a member is communicated to him or her under section 8.2

8.4 A member who is suspended or expelled under section 8 must, if he or she wishes to appeal against that suspension or expulsion, give notice to the Secretary of his or her intention to appeal the decision within the period of 14 days referred to in section 8.3. When notice is given under sub-rule (4)-

a. the Association in a general meeting, must either confirm or set aside the decision of the Working Committee to suspend or expel the member, after having afforded the member who gave that notice a reasonable opportunity to be heard by or to make representations in writing to the Association in the general meeting; and

b. the member who gave that notice is not suspended or does not cease to be a member unless and until the decision of the Working Committee to suspend or expel him or her is confirmed.

9. GOVERNING COUNCIL RESPONSIBILITIES AND AUTHORITIES

The Governing Council will be the formation of the Panj Pyarey (five beloved baptised Sikhs) and will directly rule anything related to the spiritual tasks and development of the Association. The functioning of the Governing Council will always be governed by the supreme authority of Sri Guru Granth Sahib Ji. The key responsibilities of the Governing Council are:

9.1 The Governing Council will deal with any issue related to the Sikh code of conduct and not resolved using the processes included in the Sikh code of conduct.

9.2 Governing Council shall lead all occasions and spiritual celebrations and always play a

foremost part in activities such laying the foundation stone of building, the inauguration

of any activity, building, business, leading the holy processions, marches etc.

9.3 The Governing Council will check all the activities of the Association’s Working Committee and sub-committees and will make sure that all activities are according to the Association constitution and as per Sikh way of life.

9.4 The Governing Council will open and count Golak in the presence of the Sangat and hand it over to the Working Committee in the presence of the Sangat.

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10. MANAGEMENT OF ASSOCIATION

As required under the Act, the management of the Association is the responsibility of the Working Committee. The management of the Association is divided into two phases as described in section 7. During the first phase, the Governing Council shall be responsible for the management of the Association. The Governing Council shall develop the basic structure of the organisation, keeping the objectives of the Association in mind and shall run the day to day functioning of the organisation such as raising of funds, search for property for Gurdwara and all other related matters in the development of the Association to reach the second phase.

10.1 Working Committee During the first phase, the five Governing Council members shall be the only management of the Association until the Gurdwara work is initiated or land has been purchased in relation to Sikh Gurdwara. In the second phase, the Governing Council members will be replaced as per section 7 of this document from the first AGM after the physical existence of Gurdwara. The formation of the Working Committee of seven members will be selected as per section 6.

10.1.1 At no time can two directly or indirectly related individuals be part of the Governing Council or Working Committee at the same time.

10.1.2 The Working Committee members must be free from prohibited things in Sikhism, such as:

a. Worship should be rendered only to the One Timeless Being and to no God man or Goddess

b. Members must not consume cannabis, opium, liquor, tobacco, or any intoxicant substance.

c. Members should be free from gambling etc. 10.1.3 The Working Committee may delegate, in writing, to one or more sub-committees

(consisting of members of the Association at the discretion of the Working Committee) the exercise of such functions of the Working Committee. Functions that may not be delegated are:

a. the power of delegation; b. a function which is a duty imposed on the Working Committee by the Act or any other

law; c. any constitutional right or decision-making authority as held by the Working

Committee itself 10.1.4 Sub-committees shall have the full right of making decisions in consultation with

committee members for their respective area of allocated tasks unless all committee members disagree with proposals.

10.1.5 All members of the any delegated sub-committee need to satisfy the basic rules of membership as given under section 4 and must accept the rules of the Association as such while applying for the membership of any sub-committee.

10.2 Duties and Powers of the Working Committee 10.2.1 As per the direction and guidance of Guru, no member should be assigned any status

or designation while doing Sewa or any other similar activity. The act of indulging in these activities is the moral duty of a Sikh in addition to serving others selflessly while performing the spiritual meditation part of life as the highest priority. Working Committee members shall appoint amongst themselves the various roles of the Working Committee. The details of the respective minimum duties, tasks, Sewa and roles are set out further in this section.

10.2.2 In addition to constitutional duties or roles, all members holding the four main positions shall perform their respective minimum level of tasks related to Sewa and as defined further in this section.

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10.2.3 As part of their moral duty, reporting of tasks related to Sewa is the sole responsibility of each individual, even though the duty of records maintenance is held by the Secretary. At least one regular visiting Sikh shall confirm the tasks completed as witness in case any doubt is raised on the actual performance of the task.

10.2.4 As a part of the Sewa, the other remaining members of the Working Committee must perform individually one task out of three as assigned to the President as per section 10.3 once a month and be recorded, thus covering each task within the span of three months without any repetition.

10.2.5 The Working Committee shall: a. manage the affairs of the Association with its growth, organise events to help the

community, especially new migrants settling in Australia, educating them about local laws and regulations as relevant;

b. open and operate financial matters such bank accounts; c. incur expenditure on services so that Katha, Kirtan, Sikh history lectures,

seminars and other discussions for the welfare of the Sikh and other communities are organised to maximum effect;

d. incur expenditure and maintain separate accounts for the operation and maintenance of the Punjabi School for language, music classes, Sikh history education, awareness of drugs and alcohol and other community matters required to be taught to the existing community and future generations.

10.2.6 The Working Committee shall a. Appoint, hire or recruit as required professional teachers, Sikh history scholars

and language scholars for the education of the Sikh community; b. Incur expenditure required to build a school and for ongoing maintenance c. Organise positive competitions within the local community and interstate Sikh

communities in the field of Punjabi/Gurmukhi language, Sikh history, values, historical culture and interaction of Sikhism in the modern developing world and technology;

d. Organise and engage different schools for mutual community education and understanding, encouraging peaceful coexistence and tolerance while living as one human race;

10.3 President and Secretary 10.3.1 Subject to this clause, the President must preside at all general meetings and Working

Committee meetings. 10.3.2 In the event of the absence from a general meeting of

a. the President, the Secretary will preside; or b. both the President and the Secretary, a member elected by the other members

present at the general meeting, will preside at the general meeting. 10.3.3 In the event of the absence from a Working Committee meeting of

a. the President, the Secretary will preside; or b. both the President and the Secretary, a Working Committee member elected by the

other Working Committee members present at the meeting will preside at the meeting.

10.3.4 In addition to above tasks, the President must perform with at least 80% attendance annually for the following Sewa throughout his term as President: a. minimum Sewa of cleaning and polishing the shoes of the Sangat for one hour

during the busiest time of any program during weekend. b. at least once a fortnight, cleaning of toilets and bathrooms of the Gurdwara

irrespective of the condition and existing cleaning processes c. at least once a month, cleaning of the dirty utensils of the Sangat after the Langar

is served 10.3.5 The Secretary is subject to the same rule in section 10.3.4. All records of the above

tasks respectively by the President and Secretary shall be maintained by the Assistant Secretary as detailed in section 10.4.

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10.3.6 The President and Secretary shall not have any power to overrule the decisions of the Working Committee; the President and Secretary have the same right of vote as other Working Committee members.

10.4 Assistant Secretary 10.4.1 The Assistant Secretary must:

a. co-ordinate the correspondence of the Association; b. keep full and correct minutes of the proceedings of the Working Committee and of

the Association; c. comply on behalf of the Association with the Act, with respect to maintaining the

register of members of the Association; maintaining the rules of the Association, and upon the request of a member of the Association, must make available those rules for the inspection of the member and the member may make a copy of or take an extract from the rules but will have no right to remove the rules for that purpose; and maintaining a record of the names and addresses of the persons who hold the offices of the Association. The Assistant Secretary must, upon the request of a member of the Association, make available these records for the inspection of the member and the member may make a copy of or take an extract from the record but will have no right to remove the record for that purpose

d. unless the members resolve otherwise at a general meeting, have custody of all books, documents, records and registers of the Association, including those referred to in sectoin10.4.1 c. but other than those required by rule 10.5 to be kept and maintained by, or in the custody of, the Treasurer; and

e. perform such other duties as are imposed by these rules. f. keep full and detailed records of the tasks related to the Sewa of all Working

Committee members. 10.4.2 The Assistant Secretary must perform with at least 80% attendance annually for the

following Sewa: a. minimum Sewa of cleaning and polishing the shoes of the Sangat for 30 minutes

during the functioning time of any program during the weekend. b. at least once a month, cleaning of the prayer and langar hall after the congregation

is performed during the weekend. c. at least once a month, cleaning of toilets and bathroom of the Gurdwara irrespective

of the condition and existing cleaning processes d. assist all working and operational aspects of the Secretary.

10.5 Treasurer 10.5.1 The Treasurer must:

a. be responsible for the receipt of all moneys paid to or received by the Association and issue receipts for those moneys in the name of the Association;

b. make payments from the funds of the Association with the authority of a general meeting or the Working Committee and ensure that all cheques are signed by himself or herself and at least one other authorised Working Committee member, or by any two others that are authorised by the Working Committee;

c. comply on behalf of the Association with respect to the accounting records of the Association by- (i.) keeping such accounting records as correctly record and explain the financial

transactions and financial position of the Association; (ii.) keeping its accounting records in such manner as will enable true and fair

accounts of the Association to be prepared from time to time; (iii.) keeping its accounting records in such manner as will enable true and fair

accounts of the Association to be conveniently and properly audited; and

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(iv.) submitting to members at each annual general meeting accounts of the Association showing the financial position of the Association at the end of the immediately preceding financial year.

d. whenever directed to do so by the President, submit to the Working Committee a report, balance sheet or financial statement in accordance with that direction;

e. unless the members resolve otherwise at a general meeting, have custody of all securities, books and documents of a financial nature and accounting records of the Association; and

f. perform such other duties as are imposed by these rules on the Treasurer. 10.5.2. The Treasurer must perform with at least 80% attendance annually for the following

Sewa throughout the tenure of the post: a. Minimum Sewa of cleaning and polishing the shoes of the Sangat for 30 minutes

during the functioning time of any program during weekend. b. Preparation of complete langar at least once every two months during special or

weekend program with minimum participation of other members or non-members and complete cleaning of kitchen

c. At least once a month the detailed cleaning of toilets and bathroom of the Gurdwara irrespective of the condition and existing cleaning processes

10.5.3. All responsibilities of the Treasurer can be undertaken and controlled by the Secretary or Assistant Secretary if required from time to time or on a permanent basis. The Treasurer will retain the same power and level of responsibility.

10.5.4. The Treasurer will ensure all payments completed by Association have a minimum of two authorised and valid signatories, whether using online transactions or cheque payments.

10.6 Other Members of the Working Committee 10.6.1 The other members of the Working Committee must:

a. be responsible for the actions and decisions taken in the Working Committee meetings and other Working Committee proceedings directly or indirectly related to the Association;

b. whenever directed to do so by the President, participate and work with different members as described in Clause 10.3, 10.4 and 10.5;

c. share the workload of different members as described in Clause 10.3, 10.4 and 10.5 whenever the request is made in the Working Committee meeting;

d. be active participants in all the activities of the Working Committee meetings to avoid any delays in the work of the Association;

e. act, commit and have complete sincerity to whichever task is allocated without hampering any work of the Association;

f. be honest, caring and sincere to sharing the workload or any direction from the Working Committee proceedings;

g. be in continuous positive communication in order to avoid any misunderstanding of tasks;

h. be ready to accept any work allocated in Working Committee meeting, individually or to a group of members

10.6.2. All members of the Working Committee, other than those listed in Clause 10.3, 10.4 and 10.5 must perform with at least 80% attendance annually for the following Sewa throughout the tenure of their membership: a. Minimum Sewa of cleaning and polishing the shoes of the Sangat for 30 minutes

during the functioning time of any program during weekend. b. Preparation of complete langar at least once every two months during special or

weekend program with minimum participation of non-members and complete cleaning of kitchen

c. At least once a month the detailed cleaning of toilets and bathroom of the Gurdwara irrespective of the condition and existing cleaning processes

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d. At least once a month the cleaning of dirty utensils after the langar for minimum of 30 minutes .

11 PROCEEDINGS OF THE WORKING COMMITTEE

The proceedings of the Working Committee for its day to day functioning of the Gurdwara or any other matters related to the operation of the Association shall be held during the general meetings of the Working Committee as follows:

11.1 The Working Committee must meet at least once a month and the President or Secretary, or at least two-third of the members of the Working Committee, may at any time convene a meeting of the Working Committee.

11.2 Meetings can be called by any of the existing Working Committee members with 14 days written notice to the Secretary and President or to the Secretary. The Secretary shall invite other eligible members to the meeting using email or general announcements among members at least one week before the meeting. Only one meeting can be called per month, in addition to the mandatory meeting specified in clause 11.1.

11.3 All members can attend meetings at the time and place specified by the Secretary and President.

11.4 A question arising at a Working Committee meeting must be decided by a two-third majority of votes, but, if there no such majority, the person presiding at the Working Committee meeting will have a casting vote in addition to his or her deliberative vote.

11.5 At a Working Committee meeting, 80% of Working Committee members will constitute a quorum for any decision to be taken regarding Association or Gurdwara matters. In other non-critical matters, 60% of Working Committee members will constitute a quorum. In case of any matter relating to this constitution or the Sikh Code of Conduct, decision and voting must only be undertaken in an Annual General Meeting or a Special General Meeting, as specified in clause 12.

11.6 A Working Committee member having any direct or indirect pecuniary interest in a contract, or proposed contract, made by, or in the contemplation of, the Working Committee (except if that pecuniary interest exists only by virtue of the fact that the member of the Working Committee is a member of a class of persons for whose benefit the Association is established), must: a. as soon as he or she becomes aware of that interest, disclose the nature and extent

of his or her interest to the Working Committee; and b. not take part in any deliberations or decision of the Working Committee with respect

to that contract. 11.7 The Secretary must record every disclosure made under clause 11.6 by a member of

the Working Committee in the minutes of that Working Committee meeting. 11.8 The Secretary must record decisions made during the meeting in the minutes of that

meeting and produce the minutes of the meeting for approval by all Working Committee members present in the respective meeting, within 14 days of the meeting if required urgently, otherwise in the next meeting of the Working Committee.

11.9 No matter decided in the Working Committee meetings shall be initiated prior to the approval of the minutes of that meeting. Approval can be recorded by signature of the members who were present and then attached to the minutes of meeting or by email acceptance of the same members or a combination of both. The approval paper or email must have reference to the meeting date, time and place along with all members marked present or absent respectively.

11.10 All concerns or matters can be requested for decision or discussion in the Working Committee meetings except matters related to the Sikh Code of Conduct. Any such request must: a. be in writing and include the purpose of the request, details of the matter and reason

for it to be considered; b. be signed

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c. be submitted at least seven days prior to the meeting. 11.11 In the case of any of the concern or issue that is not agreed or the quorum not met

within one hour of discussion shall be passed for decision and the person raising the issue has the option to take back the issue.

11.12 Working Committee meetings should be as far as possible, restricted to day to day operational matters, financial matters, and management of activities for the development of the Association.

11.13 Any complaints or issues raised by members of the Association or by a member of the public, must be submitted in writing, and shall also be discussed in Working Committee meetings.

11.14 No more than two Working Committee meetings can be held in any one month.

12. GENERAL MEETINGS

There are two types of meetings of meetings that will be conducted from time to time by the Association, for all members of the Association.

12.1 Annual General Meeting (AGM)

12.1.1 The Working Committee must convene an Annual General Meeting each year within five months after the end of the Association's financial year, except for the first Annual General Meeting which may be held at any time within 18 months after incorporation;

12.1.2. Subject to clause 12.1.3, the Secretary must give to all members not less than 21 days’ notice of an Annual General Meeting and that notice must specify: a. when and where the Annual General Meeting is to be held; b. the business which is to be transacted, and the order in which it is to be transacted,

as follows- i. first, the consideration of the accounts and reports of the Working Committee; ii. second, the election of Working Committee members to replace outgoing

Working Committee members; and iii. third, any other business requiring consideration by the Association at the

meeting. 12.1.3. A special resolution may be moved either at an Annual General Meeting or a Special

General Meeting; however, the Secretary must give to all members not less than 21 days’ notice of the meeting at which a special resolution is to be proposed. In addition to those matters specified in clause 12.1.12, the notice must also include the wording of the special resolution and the intention to propose the special resolution at the meeting.

12.1.4. The Secretary must give notice under this clause by serving it on a member personally, sending it by post to a member at the address of the member or by email at the email address of the member.

12.2 Special General Meeting (SGM) 12.2.1 The Working Committee

a. may at any time convene a Special General Meeting; or b. must, within 30 days of receiving a request in writing from not less than 80% of

members, convene a Special General Meeting for the purpose specified in that

request; or

c. must, within 30 days of the Secretary receiving a notice under clause 8.4, convene a Special General Meeting to deal with the appeal to which that notice relates.

12.2.2 The members making a request referred to in clause 12.2.1b must state in that request the purpose for which the Special General Meeting is required, and sign the request.

12.2.3 If a Special General Meeting is not convened within the 30 day period referred to

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a. in clause 12.2.1b, the members who made the request may themselves convene a Special General Meeting as if they were the Working Committee without violating the quorum and voting majority for the Special General Meeting as per clause 13.3.

b. in clause 12.2.1c, the member who gave the notice concerned may him or herself convene a Special General Meeting as if he or she were the Working Committee without violating the quorum and voting majority for the Special General Meeting as per Clause 13.3.

12.2.4 When a Special General Meeting is convened under clause12.2.3 the Association must pay the reasonable expenses of convening and holding the Special General Meeting.

12.2.5 The Secretary must give to all members not less than 21 days’ notice of a Special General meeting and that notice must specify: a. when and where the Special General Meeting is to be held; and b. particulars of the business to be transacted at the Special General Meeting and the

order in which that business is to be transacted.

12.2.6 The Secretary must give notice under this clause by serving it on a member personally, sending it by post to a member at the address of the member or by email at the email address of the member.

12.2.7 A special resolution may be moved as per clause 12.1.3. In addition to those matters specified in clause 12.2.5, the notice must also include wording of the special resolution and the intention to propose the special resolution at the meeting.

12.2.8 When a notice is sent by post under clause 12, sending of the notice will be deemed to be properly given if the notice is sufficiently addressed and posted to the member concerned by ordinary prepaid mail.

13. QUORUM AND PROCEEDINGS AT MEETINGS

13.1 Working Commitee Meeting 13.1.1 At a Working Committee meeting, a quorum shall be 80%, as per clause 11.5 13.1.2 If within 15 minutes after the time specified for the holding of a Working Committee

meeting in a notice under clause 11.2 a. as a result of a request referred to in clause 11.10 or 11.13 a quorum is not present,

the Working Committee meeting lapses; or b. otherwise than as a result of a request, notice or action referred to in clause 13.1.2a,

the Working Committee meeting stands adjourned to the same time on the same day in the following week and at the same venue.

13.1.3 If within 30 minutes of the time appointed by clause 13.1.2b for the resumption of an adjourned Working Committee meeting a quorum is not present, the members who are present in person may nevertheless proceed with the business of that Working Committee meeting as if a quorum were present.

13.1.4 The President may, with the consent of a Working Committee meeting at which a quorum is present, and must, if so directed by such a Working Committee meeting, adjourn that Working Committee meeting from time to time and from place to place.

13.1.5 There must not be transacted at an adjourned Working Committee meeting any business other than business left unfinished or on the agenda at the time when the Working Committee meeting was adjourned.

13.1.6 When a Working Committee meeting is adjourned for a period of 30 days or more, the Secretary must give notice under rule 11 of the adjourned Working Committee meeting as if that Working Committee meeting were a new Working Committee meeting.

13.2 Annual General Meeting 13.2.1 At an Annual General Meeting, 90 % members present in person constitute a quorum. 13.2.2 If within 30 minutes after the time specified for the holding of an Annual General

Meeting in a notice given under clause 12.1.2 a quorum is not present, the meeting

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stands adjourned to the same time on the same day in the following week and at the same venue.

13.2.3 If within 30 minutes of the time appointed by clause 13.2.2 for the resumption of an adjourned Annual General Meeting a quorum is not present, the meeting is further adjourned as per clause 13.2.2 again and absent members shall be immediately notified as per clause 12.1.4 and must pay a minimum fine of $150 per member. If the fine is not paid, the member shall be expelled unless an explanation with proof is provided within one week of the last meeting date and other present members accept the explanation as reasonable. Main points of reasonable explanation will include out of country or state; major family or health problem or an accident or other unavoidable circumstance.

13.2.4 If within 30 minutes of the time appointed by clause 13.2.3 for the resumption of an adjourned Annual General Meeting a quorum is not present, the members who are present in person may nevertheless proceed with the business of that Annual General Meeting as if a quorum was present

13.2.5 The President or Secretary may, with the consent of the Annual General Meeting at which a quorum is present, and must, if so directed by such a meeting, adjourn that meeting from time to time and from place to place but not more than twice

13.2.6 There must not be transacted at an adjourned Annual General Meeting any business other than business left unfinished or on the agenda at the time when the meeting was adjourned.

13.2.7 When an Annual General Meeting is adjourned for a period of 30 days or more, the Secretary must give notice under clause 12.1 of the adjourned meeting as if that meeting were a new Annual General Meeting.

13.2.8 Any decision regarding the Sikh Code of Conduct will be considered for amendment if the issue or concern given in writing doesn’t violate or contradict any specific or collective aspect of the Sikh Code of Conduct.

13.3 Special General Meeting 13.3.1 At a Special General Meeting, 80% of members present in person constitute a quorum. 13.3.2 If within 30 minutes after the time specified for the holding of a Special General Meeting

in a notice given under clause 12.2.5 a. as a result of a request or notice referred to in clause 12.2.1b or as a result of action

taken under clause 12.2.3 a quorum is not present, the meeting lapses; or b. otherwise than as a result of a request, notice or action referred to in clause 13.3.2a,

the meeting stands adjourned to the same time on the same day in the following week and at the same venue.

13.3.3 If within 30 minutes of the time appointed by clause13.3.2b for the resumption of an adjourned Special General Meeting a quorum is not present, the members who are present in person may nevertheless proceed with the business of that meeting with a quorum of not less than 70%. If a quorum of 70% is not present, a new Special General Meeting must be called.

13.3.4 The adjournment procedure of the Special General Meeting will be as per clauses 13.2.5 to 13.2.7.

13.3.5 At an Annual General Meeting or a Special General Meeting: a. an ordinary resolution will be decided by simple majority of votes cast on a show of

hands b. a special resolution will be decided by a majority of 75%.

13.3.6 A declaration by the President at an Annual General Meeting or a Special General Meeting that a resolution has been passed as an ordinary resolution at the meeting will be evidence of that fact unless, during the meeting at which the resolution is submitted, a poll is demanded in accordance with clause 13.3.7.

13.3.7 At an Annual General Meeting or a special General Meeting a poll may be demanded by the President, the Secretary or by five or more members present, and if so demanded, must be taken immediately and in such a manner as the President directs.

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13.3.8 If a poll is demanded and taken under clause 13.3.7 in respect of an ordinary resolution or a special resolution, a declaration by the President of the result of the poll is evidence of the matter so declared.

14. MINUTES OF MEETINGS

14.1 The Secretary must cause proper minutes of all proceedings of all Working Committee meetings held every month to be taken and then to be entered within 14 days if urgently required after holding each Working Committee meeting, in a minute book or file kept and maintained for that purpose.

14.2 The Secretary must cause proper minutes of all proceedings of all Annual General Meetings and Special General Meetings to be taken and entered in a minute book or file kept for that purpose.

14.3 The President or Secretary must ensure that the minutes taken under clause 14.1 are checked and signed as correct by the President or authorised signatory of the meeting to which those minutes relate, within 14 days of the meeting, or at the start of the next succeeding Working Committee meeting or as required.

14.4 In case of Annual General Meetings and Special General Meetings, the minutes of meetings must be checked as per clause 14.3 within 30 days of the meeting, and approved and signed by at least two authorised signatories who attended the meeting. Each member must be provided with a copy of the minutes after approval either via email or post or in person.

14.5 When the minutes have been entered and signed as correct under this clause, they are, until the contrary is proved, evidence that a. the meeting to which they relate was duly convened and held; b. all proceedings recorded as having taken place at the meeting did in fact take place

at the meeting; and c. all appointments made at the meeting have been validly made.

14.6 In the event of the Secretary not being available for recording and entry of the minutes, the Assistant Secretary, Treasurer or any other member appointed by the Working Committee must record and enter the minutes for the meeting.

14.7 The language of the minutes of meetings shall be in English or English and Punjabi but in cases where there is confusion on words and its meanings, Punjabi language meanings shall be considered to have clear understanding of any particular word or combination of words.

14.8 Any amendment to the constitution or the Sikh Code of Conduct of the Association must be in bold letters in the minutes of the meeting and a record of all voting shall be entered into the minutes of meetings.

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15. RULES OF ASSOCIATION

15.1 The Association may alter, rescind or add to this constitution in accordance with the Act, and as follows: a. Subject to this clause, the Association may alter its constitution by special resolution

at an Annual General Meeting or a Special General Meeting. b. Within one month of the passing of a special resolution altering its constitution, the

Association must lodge with the Commissioner notice of the special resolution setting out the details of the alteration to the constitution;

c. An alteration of the constitution of the Association does not take effect until clause 15.1b has been completed;

d. An alteration of the constitution of the Association having effect to change the name of the Association does not take effect until clause 15.1b has been completed and approval of the Commissioner is given to the change of name;

e. An alteration of the constitution of the Association having effect to alter the objects or purposes of the Association does not take effect until clause 15.1b has been completed and the approval of the Commissioner is given to the alteration of the objects or purposes.

15.2 This constitution binds every member and the Association to the same extent as if every member and the Association had signed and sealed this constitution and agreed to be bound by all their provisions.

15.3 Alteration of the rules related to the following matters a. Sikh code of conduct b. funds management c. Eligibility and qualifications of Working Committee members or applicants to

become member d. Process for selection of teams e. Quorum, meetings and voting f. Power and rights of members, suspension or termination of membership g. Dispute management shall be introduced into the Annual General Meeting or Special General Meeting as per clause 15.1 and can only be considered passed with complete Gurmata.

15.4 The final changes require Puran Gurmata from the Governing Council and then the alterations will come into place. Any suggestions regarding alteration to the selection process of the Working Committee and Governing Council must be issued at least one month before the Annual General Meeting or Special General Meeting to all the members. Alterations will only be accepted if all the members present agree to the alterations.

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16. GURDWARA SAHIB MARYADA (PROCEDURES)

16.1 GURU DARBAR MARYADA The Maryada for the Darbar of the Gurdwara must be as followed at the Darbar

Sahib, Amritsar. Guru Granth Sahib Ji parkash must be at highest place in the

Darbar. No other seat or picture or statue may be placed higher than Guru’s parkash.

16.2 LANGAR DI MARYADA The Langer hall of the Gurdwara will always operated as per Sikh values of Sangat

and Pangat. The ideal Maryada to follow for Langar Hall is as per Darbar Sahib

Amritsar. This section of the constitution cannot be changed throughout the life of the

Association.

16.2.1 There will be no discrimination against any person in the Pangat on the basis of their

race, cast or gender etc.

16.2.2 Head must be covered before entering the Langar hall.

16.2.3 No person should be served langar at a special place or with special varieties of the

food, according to their social or political status. Everyone should be served in Pangat

with all the Sangat.

16.2.4 Entering Langar hall wearing shoes is not allowed.

16.2.5 Only Gursikh will be appointed for langar duties, when the Association has to hire staff

for Langar duties. There is no restriction for anyone to do Sewa in Langar until he/she

ignores cleanliness or violates basic Sikh rules (smoking etc.)

16.2.6 Langar will be always served in Pangat on the floor. Chairs are not allowed in the

Langar hall. To assist the elderly and disabled, a sitting system which is above the

ground will be provided when needed.

17. COMPLAINTS RESOLIVG

Any complaint related to the day to day operations of the Gurdwara or complaints against a Working Committee member or Governing Council member will be dealt as follows:

17.1 Only written complaints will be considered. No anonymous complaints will be

accepted.

17.2 Complaints about the general day to day operation of the Gurdwara will be resolved by the Governing Council members, but if the Governing Council believes it should be addressed by involving the Working Committee, then the complaint can be resolved by the Governing Council and the Working Committee members together.

17.3 If there is a complaint against the Working Committee or its members then it will be resolved by the Governing Council, but if necessary, the Governing Council can call GM for further action.

17.4 If there is a complaint against a Governing Council member, it will be resolved in an Annual General Meeting or Special General Meeting in the presence of two thirds of the members. The Working Committee can call a Special General Meeting for this purpose as per clause 12.2.

17.5 If the complaint is against a person appointed by the Association for taking care of the Gurdwara or associated properties, it will be resolved by the Governing Council and the Working Committee together.

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18. COMMON SEAL OF ASSOCIATION

As required by the Act and for the validation of the business documents of the Association, a common seal shall be created for the Association. The common seal shall be include the following details and be used as follows:

18.1 The common seal shall be kept in the safe custody of one Working Committee member as decided by resolution or by the President

18.2 A register shall be maintained to record each use of the common seal and this register shall be controlled and maintained by passwords to prevent any unauthorised access. The register will be accessible to all Working Cmmittee members whenever required

18.3 The common seal shall be used as required by the law or on specific written request by any interested party

18.4 The common seal shall bear the the name of the Association in full. 18.5 Any changes to the common seal shall be a matter of special resolution at an Annual

General Meeting or Special General Meeting. 18.6 The Secretary or Treasurer shall be responsible for the use and record of usage of the

common seal, as per clause 18.2. 18.7 The affixing of the common seal of the Association must be witnessed by any two of

the following; the President, the Secretary and the Treasurer.

19. RECORDS OF ASSOCIATION

19.1 Records Records shall be maintained as per the requirements of the Act and according to the following rules of the Association:

19.1.1 All records i.e. accounting records, member records, constitutional documents, internal policies and procedures, and all other relevant records of the Association shall be maintained by the Association.

19.1.2 Minutes of meetings as per clause 14 shall be taken for the different types of meetings and all records of minutes of meetings shall be maintained.

19.1.3 Records relating to constitutional amendments, additions to internal rules and amendments to the Sikh Code of Conduct must be kept in electronic and physical form, throughout the life of the Association.

19.1.4 Electronic records must have a suitable backup storage system. 19.1.5 Records related to any private information such as members’ personal details etc

shall be maintained in accordance with the Privacy Act. 19.1.6 Maintenance of records is the responsibility of the Secretary, Assistant Secretary and

Treasurer. They can delegate the responsibility to other committee members with reference to the workload and with the consent of all committee members.

19.1.7 All records are to be maintained as specified in legisilation or implied as an obligation of a not for profit organisation; in other regards all records shall be maintained as part of the history of the Association.

19.1.8 Physical records shall be kept to minimum level in consideration of the environment and to promote savings and efficiency in the administration work of the Association.

19.2 Inspection of Records 19.2.1 A member may at any reasonable time inspect without charge the books, documents,

records and securities of the Association. 19.2.2 All members may have complete access to the records of the Association and

members who wish to use this access must comply with the obligations under the Privacy Act for any such records.

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19.3 Financial Year The first financial year of the Association shall be the period ending on the next 30 June following incorporation, and thereafter a period of 12 months commencing on 1 July and ending on 30 June of each year.

19.4 Accounts and reports to be laid before members If the Association is a prescribed association, as defined under the Act, the accounts, together with the auditor’s report on the accounts (if required), the Working Committee’s statement and the working Committee’s report, shall be laid before members at the annual general meeting.

19.5 Periodic Return If required under the Act, the periodic (annual) return shall be lodged with the Consumer and Business Services within six months after the end of each financial year. It must be accompanied by a copy of the accounts, the auditor’s report, the Working Committee’s statement, and the Working Committee’s report.

19.6 Appointment of Auditor If required under the Act, or under any other legislation or regulation: a) At each annual general meeting, the members shall appoint a person to be auditor

of the Association. b) The auditor shall hold office until the next annual general meeting and is eligible for

re-appointment. c) If an appointment is not made at an annual general meeting, the committee shall

appoint an auditor for the current financial year.

20. DISTRIBUTION OF SURPLUS PROPERTY ON WINDING UP

The Association may be wound up in the manner provided for in the Act. If upon the winding up or dissolution of the Association there remains after satisfaction of all its debts and liabilities any property whatsoever, the same must not be paid to or distributed among the members, or former members. The surplus property must be given or transferred to another entity which has similar objectives, and which is not carried out for the purposes of profit or gain to its individual members, and which Association shall be determined by resolution of the members of the Association.

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21. DONATIONS AND FUNDS

21.1 Donations Donations are a vital part of the financial support of the Association from the local Sikh community and other communities. All donations made shall be advised to the Working Committee members at soon as possible or in the next meeting. Donations from any person or any community are welcome and acceptable as far as any donation satisfies the conditions in clause 21:

21.1.1 The Association will not promote or accept donations from earnings related to the selling of meat or any other animal products linked to live animal slaughter.

21.1.2 The Association will not support and will reject and denounce donations that are linked to illegal earnings, activities or practices.

21.1.3 Donations from earnings related to the selling of alcohol, non-prescription drugs, cigarettes or any other type of intoxication are also discouraged

21.1.4 Donations from earnings related to dance, strip or any other similar clubs, prostitution or such activities are also not to be accepted.

21.1.5 The maximum donation from any single person is limited to $10,000 in any financial year.

21.1.6 The maximum donation from any group or family or company is limited to $25,000 in any financial year.

21.1.7 The maximum unconditional loan subject to zero interest is restricted to $50,000 and $100,000 from any single person and group or family or company respectively in any financial year.

21.1.8 Anybody making a donation accepts the constitution and Sikh Code of Conduct as defined in this document .

21.1.9 Non-monetary donations are acceptable up to the values specified in clause 21.1. A written letter or email of acceptance must be issued by the Working Committee prior to the donation being made. This clause does not apply to non-monetary donations less than $100.

21.1.10 Only unconditional donations shall be accepted, and no Working Committee member may commit to any conditions attached to a donation at any time. Any consultation or conditional argument of an individual or group against a payment in the form of a donation shall be subject to a meeting with all Working Committee members and approval by simple majority.

21.1.11 Persons or groups making a donation shall not be promoted or advertised for their donations irrespective of value, during, before or after Ardaas, Keertan or any such other activities conducted by the Association or on any display board, public space, website or similar platform of the Association.

21.1.12 Donations from people who are linked to deras are not acceptable in any instance or circumstance.

21.1.13 Announcements or public disclosure of the donations from persons or groups shall not be made at any stage of the functioning of the Association. Information to the members as such regarding the donations is not denied.

21.1.14 A receipt shall be issued for each donation made by any member or non-member.

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21.2 Funds The funds of the Association must always be in the control of the Working Committee. Funds may be in the form of cash, non-monetary, properties, or other types of assets. All dollar values referred to in this constitution are referencing the Australian dollar. All funds donated and associated with the earnings of the Association shall be controlled in accordance with procedures set our below, and those procedures specified by the Working Committee from time to time.

21.2.1 The Treasurer or Secretary shall maintain all financial records of invoices, receipts, contracts etc.

21.2.2 During any time of the financial activities of the Association, a minimum of three signatories selected from the Governing Council or Working Committee shall have the authority to sign or/and approve any expenditure, after the approval from all members of the Working Committee.

21.2.3 Any processing of funds shall be documented, to allow each transaction to be checked and verified against the original documents such receipts, delivery dockets and invoices, for all items purchased and delivered to the Association.

21.2.4 Any financial documents, records of donations, contracts, agreements, insurances, receipt books or any other documents related to funds and transactions of the Association shall be maintained and retained for any audit by third parties as required.

21.2.5 The Association bank accounts shall not have any form of credit card issued in any member’s name.

21.2.6 The Association can apply and sustain a debit or EFTPOS card in order to manage its funds and any expenditure shall be in accordance with clause 21. This clause shall be considered and applied collectively as a cluster of rules.

21.2.7 In no direct or indirect way, are any Association funds to be distributed for the personal benefit of any member. Any religious or community services provided by any of the Working Committee members on behalf of the Association shall not be paid service.

21.2.8 Cash dealing shall be at the minimum possible level and no transaction more than $100 shall be in cash and no cash transaction is to be repeated within the same week.

21.2.9 Any payment to an external organisation, company, third party or person and reimbursements to members and/or non-members shall be made either through online internet banking or by cheques.

21.2.10 The Treasurer and Secretary along with two authorised signatories shall control the internet or phone banking transactions and keep records in electronic form with back up and hard copy if required.

21.2.11 Association funds to be paid to any other non-profit organisation shall be in accordance with the Act and the decision on the transfer of funds of $1000 or more will be with 100% agreement of the Working Committee members.

21.2.12 At no stage in the life of the Association shall funds be invested in stocks, shares, money market funds, bonds or any other similar kind of investments.

21.2.13 All online bank transfers or cheque payments to be completed for any third party on behalf of the Association shall be processed by any two authorised signatories out of at least three approved signatories as a safeguard against misuse or mishandling of funds.

21.2.14 Online transactions to third parties or different accounts of the organisation shall only be possible through cheque accounts and bank saver accounts shall mainly be used for the collection of donations or the maintenance of savings as required.

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22. INTERNAL RULES

The Association will produce and maintain a set of internal rules which will be amended from time to time as per the procedure outlined in this this clause. Internal rules shall cover each section of tasks to be controlled and organised by the Association. These rules shall cover, but are not limited to:

Schedule 1 - Vehicle Fleet Management Schedule 2 - Funds Management Schedule 3 - Community Language Schedule 4 - Rehat Maryada (Sikh Code of Conduct) Schedule 5 - Foundation Member and Committee Member contact details Schedule 6 - Membership Application forms Schedule 7 - Membership Fee and Donation Register

22.1 Amendment of Internal Rules There shall be control over any changes made to the internal rules of the Association and each schedule has a different requirement to have the updates or changes applied:

22.1.1 Additions and updates related to Schedule 3 directly or indirectly must always be submitted to the Annual General Meeting as per the procedures in this constitution and all updates must be reflected in the copy maintained by the Association.

22.1.2 Any changes to the membership fees shall be approved by a simple majority of the Annual General Meeting, with the proviso of not increasing the existing annual membership fees by twice its present value within three years and a maximum one time increase limited to 50% of its present value.

22.1.3 Changes to internal rules must always be consistent with the constitution of the Association.

22.1.4 Internal rules shall not be made to allow any discrimination of any person due to colour, caste, creed, gender, social status, financial or other status.

22.1.5 Changes to the format or content of any application forms can be made as part of the internal rules and copies of previous forms must be kept for audit purposes.

22.1.6 Any feedback from the local community or other communities involved with the Association shall be included in the internal rules

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APPENDIX

Definitions Act Associations Incorporation Act 1985

Amrit the word used for the Sweet Holy Water prepared in specific and highest form of Spirituality by utmost devotion and truth by very highly devoted Gursikhs to proceed with the procedure of Baptism as per Hukam of the Tenth Guru in the auspicious and blessed presence of Sri Guru Granth Sahib Jee.

Ardaas a Punjabi word, derived from the Persian word 'Arazdashat', meaning a request, a supplication, a prayer, a petition or an address to a superior authority. It is a Sikh prayer that is a done before performing or after undertaking any significant tasks such as recitation of the daily Bannis (prayers) or completion of a service such as Sewa

Banni the short form of the Gurbanni and is the term used by Sikhs to refer to different sections of the Sabad as whole organised, uttered and authorised by One Universal Creator, The Lord. Banni or Gurbanni refer to same and comprise all Sabad as compiled in Sri Guru Granth Sahib Jee2 by the Tenth Guru of Sikhs i.e. Sri Guru Gobind Singh Jee1 and Sri Dasam Granth Sahib Jee as written and depicted by Tenth Guru of Sikhs i.e. Sri Guru Gobind Singh Jee1

Commissioner head of the administrative body dealing with incorporated associations in South Australia

Cultural Activities refers to all the activities given and bestowed by the Gurus themselves to the Sikhs during the era of their physical existence starting from first Guru to the Tenth Guru. Activities directly associated with the life of a Sikh as guided by Gurus such as physical fitness, mind health exercise, meditation, martial arts, horse riding and so on form part of culture as accepted by Association. The activities which became part of Punjab state culture such as bhangrha, gidhaa (cultural dance) during modern period are not part of the definition hereby.

Dera refers to self-created sects within religion or mix of religions by normal human beings for their own benefit in financial and self-praise terms. There has been number of such small to big groups already created in Punjab India and claim themselves individually to be spiritual institutes but steal the hymns of Sri Guru Granth Sahib Jee hymns, words for their promotions. In the darkness of illusion and low knowledge, vast majority of different sections of people from different religions linked to such groups and Sikhism doesn’t accept and allow any such groups and their leaders as true Guru. These groups since long time are modes of personal gains on the name of spirituality and are completely false baseless creations making benefit out of low awareness and ignorance of general public. These are formed in large numbers in India especially in north India under corrupted political gains.

Deyg also known as Karha Parshad, is a sweet vegetarian pudding, which is offered to all visitors to the visiting Sikh Gurdwara.

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Karha Parshad is made from equal parts, by weight, of flour, ghee (clarified butter) water and gur (raw sugar) and is understood and experienced as a blessing from the Guru. Those who prepare it bathe beforehand and recite hymns from the Sri Guru Granth Sahib Jee2 as it’s prepared.

Direct or indirect relatives people sustaining direct relations such as wife, son, daughter, brother, sister, father or mother. Indirect relations include relatives who are related to each other to first level such as first cousin, daughter in law or son in law, grandfather or grandmother and similar.

Gurbanni Gurbanni and Banni refers to same meaning. ‘Gurbanni’ comprises of two words ‘Gur’ refers to the ten4 Gurus of the Sikhs and ‘Banni’ refers to their utterances and writings as Sabad. Guru also included the words uttered by various Hindu/Muslim True Perfect Complete Saints into the compilation of Sri Guru Granth Sahib Jee2 as Guru Himself know in perfect complete sense the Complete Saint and God authorise the Sabad in various occasions and situations as sacred Word i.e. Sabad. Only and Only Perfect True Guru i.e. ten4 Gurus knew the Perfection as conceptually and practically all at same status i.e. God. Thus, Gurbanni also refers to Banni of True Perfect Saints of the complete history whom Guru accepted as One and same as God, when Gurbanni as in Sri Guru Granth Sahib Jee2 is considered.

Gurmukhi the most common script used for writing the Punjabi language in India. Gurmukhi was standardised and taught by second Guru of Sikhs (Sri Guru Angad Dev Jee1) and whole of the Sri Guru Granth Sahib Jee’s 2 1430 ANG3 (Pages) are written in this script. This script being used to present the Sabad (Words of God, Waheguru Jee) in the highest possible holiest Sri Guru Granth Sahib Jee2, thus taking the state of ultimate respect as script.

Gursikh is formed from two words ‘Gur’ and ‘Sikh’. Gursikh literally means the Sikh who is completely fully and by depth of true heart is devoted and surrendered to the True Perfect Complete Guru. Gursikh follows the path of Guru in complete sense as primary task of the life. Gursikh never cut or trim hair or any part of hair on whole body, never indulge in any kind of intoxication to minor or major level, always recite the Name of God (Waheguru), always follows Guru’s path and should be strictly baptised by only and only Panj Pyarey( Five Blessed Gursikhs of the Guru)

Guru defined as a combination of two words “GU” (Dispels the darkness/blindness of ignorance at materialistic and spiritual level and “RU” (Brings enlightenment and vision to complete life invading mind blindness same as Sun light invades the darkness of night). Only ten Gurus are accepted in physical form of body and all belong to the history now and only one True Perfect Ideal is Guru of Sikhs forever and ever, wherever in World i.e. Sri Guru Granth Sahib Jee2. Guru is completely different from preacher or teacher as Guru is forever and shares no tiniest possible difference between Him and God.

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Gurudwara or Gurdwara integration of two words ‘Guru’ means Guru as defined above and ‘Dwar’ means the boundary of the premises or also the gate of the premises. Thus, the word means the gateway to Guru. Also no building without the Guru can be designated at Gurudwara or Gurdwara.

Hukam the Punjabi word used as the Order of the Guru. Hukam is derived from Arabic language, meaning ‘Command’ or ‘Order’. Mainly referred to the Command of God or Guru not a normal human being.

Katha means to narrate the Banni with cross references to other similar concepts within the Sikh Scriptures and support explanation with references from Sikh history or other histories associated with histories as mentioned in the Sikh Scriptures.

Keertan (Kirtan) means praising of the Divine by singing the Banni as documented in the hymns and compositions of the Sikh Scriptures . “Keertan” as in this document refers to the traditional singing of the Banni as carried on as it is from the Sikh history.

Khalsa the collective body of the group of Sikhs whose last name is Singh (for male Sikh) and Kaur (for female Sikh) and they are ordered and authorised to add the above last names to their given names only and only if they are baptised as ordered by Guru and as ordained by the Tenth Guru during the history of first Initiation Ceremony held on 30 March 1699.

Langar a Punjabi word, used to refer to free food (completely vegetarian) offered at all Sikh Gurdwaras to all devotees visiting the Gurdwara or whoever needs food. Food offered should be as simple as possible for basic needs and never be charged for offering and equally shared with everybody visiting as far as possible.

Panj Pyarey a Punjabi word used to refer to the group of five beloved baptised Sikhs who are known at high eternal and spiritual values while living a life of true Gursikh. The Five are selected as per the Hukam of the Guru and form a group which is authorised by tenth Guru to act on behalf of Guru in human body form and always in presence of Sri Guru Granth Sahib Jee2 and within the core principles of Sikhism and Rehat Maryada (Sikh Code of Conduct)

Panthic Punjabi word used by the Sikhs for the concept of religious communal activities such as religious activity like preaching, community religious education & learning is the Panthic activity.

Path refers to the recitation of the Banni with dedication and maximum concentration.

Punjabi an Indo-Aryan language spoken by inhabitants of the historical Punjab region in India. In Pakistan also, Punjabi is the most widely spoken native tongue.

Rehat Maryada the Punjabi word used to define the Code of Conduct to live a life as per the direction, teaching and Hukam (Order of Guru) of the True Perfect Complete Forever Guru. This is very detailed concept of discipline and rules applicable to each and every

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aspect of performing duties and tasks related directly to the Sri Guru Granth Sahib Jee2 and Gurdwara.

Sabad (Word of God, Waheguru Jee) is ever present articulated through the human medium i.e. ten Gurus, so ordained and ordered and authorised by the Supreme One Lord, the Only Creator. Sabad is also known pronounced as Shabad and means same. Sabad is Guru Himself. Combination of Sabad forms Banni which is integral and conceptual part of Sri Guru Granth Sahib Jee2. Sabad is the Word of God and hence, Guru Granth Sahib Jee2 include the Banni of ten4 Sikh Gurus along with Banni of Complete True Saints of other religions as well such as Hindus & Muslims.

Sahib a Punjabi word, basically from Arabic/Urdu language, is the highest possible level of respect with a deep devotion a human being can hold in true heart for Spiritual Leader such as Guru. This word is used by Sikhs to glorify the greatness of the Guru and hence used most commonly with the Name of the Guru only as referred here in this document. Also assign the Guru as Owner, Master, Lord, Originator or Commander.

Sangat a Sikh word with its origin from the Sanskrit work “Sangh” which means company, fellowship and Association. In particular sense, it means the company of the holy or holy congregation where Sikhs get together in the presence of the Sri Guru Granth Sahib Jee and perform the spiritual true perfect prayers as governed and authorised the true perfect Guru.

Sanskrit an historical Indo-Aryan language, the primary liturgical language of Hinduism and a literary and scholarly language in Buddhism and Jainism.

Sewa also Seva, is the Punjabi word and refers to "selfless service", work or service performed without any thought of reward or personal benefit. In the Punjabi language the person performing such service is called a Sevadar.

Sikh as per the definition provided on the Sikh Gurdwara Parbandhak Committee (SGPC) website and constitution

Simren a Punjabi word meaning as devotional remembrance, reminiscence, and recollection of one Universal Creator Almighty God. “Simren” refers to the highest level of devotional worship, consistent and continuous meditation of the Name of God i.e. ”Waheguru” as disciplined and directed by the Gurus.

Sukhmani Sahib the name of one of the Bannis included in the Scripture of Sri Guru Granth Sahib Jee

Waheguru is the word ordered by Guru for Sikh to chant with each breath as the Name of Almighty, One Creator. Waheguru is the primary Mantra, Gurmantra (Guru’s Mantra given to Sikh) for spiritual meditation and Sikh as ordered should chant after it’s been blessed by Five Baptised Sikhs