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RULES AND CONSTITUTION
Rule 1: Name of the Union The name shall be called PAPUA NEW GUINEA ALLIED HEALTH WORKERS ASSOCIATION.
Rule 2: Definitions
In these Rules, unless the contrary intention appears: -
2.1 “The Act” means the Industrial Organisations Act Chapter No. 173, as amended from time to time and Regulations under that act.
2.2 “Registrar” means the Industrial Registrar appointed under the Act.
2.3 “Association” means the PNG ALLIED HEALTH WORKERS ASSOCIATION.
2.4 “Branch” means a group of members of a stipulated industry or industries approved by the Executive to form a Branch.
2.5 “Financial Member” means a member who is not arrears in the payment of any contribution fines, levy or dues lawfully owing by or imposed on him.
2.6 “Financial Year” means the year beginning 1st January, and ending 31 December.st
2.7 “Member” means a member of either male or female.
2.8 “Month” means a calendar month.
2.9 “The Executive” means the Executive of the Association as defined in Rule 10.
2.10 “The Secretary” Includes the General Secretary or acting Secretary or Honorary General Secretary.
2.11 “The Treasurer” includes an acting treasurer.
2.12 “Written” or includes printing, typewriting, lithography and other means of “In Writing” reproducing or representing words in a visible form. Words importing the Plural number also shall include the singular number and vice-versa
Rule 3: Registered Office
3.1 The Registered office shall be ALLIED HEALTH WORKERS ASSOCIATION P.O BOX 431 WAIGANI, N.C.D
3.2 Notwithstanding the provision of Rule 6 (c) the Executive Committee may change the Registered Office of the Allied Health Workers Association. In the event of such changes being made, the Secretary shall forthwith notify the Registrar.
Rule 4: Objective of the Association
The objectives of the Allied Health Workers Association of PNG shall be:-
a) To improve, protect and foster the best interest of all members by any means consistent with the provisions of the laws of the Independent State of Papua New Guinea.
b) To secure redress for any grievances had or injustices suffered by any Members in relation to this employment.
c) To make claims, enter negotiations, join councils established under the Industrial regulations Act Chapter No. 174, as amended from time to time, to obtain equitable rates of pay and better working conditions for all Members.
d) To Affiliate, to Federate with or Amalgamate with any registered industrial to the objectives similar in whole or in part to the objectives of the PNG Allied Health Workers Association.
e) To formulate and pursue schemes for the industrial social, educational, cultural or vocational welfare of all members and/or their dependants.
f) To establish Branches within the Association in PAPUA NEW GUINEA.
g) To constitute, conduct, carry on or manage clubs in the interest of all Members.
h) To enter into contracts and agreements for the purpose of furthering directly or indirectly any or more of those objectives.
i) Raise money, be contributing levies or fines for the purpose of carrying out the objectives of the ASSOCIATION.
j) To arrange for the procure for the ASSOCIATION or its Members on such terms as the ASSOCIATION shall deem fit all such legal advice, expert opinion, assistance and help in connection with any matters or in defending or prosecuting the rights of Members provided that such legal advice, expert opinion, assistance and help is not contrary to any law of the country.
k) To undertake by arbitration or otherwise, the settlement of any dispute concerning a member.
l) To generally purchase, take or lease or otherwise acquire any real or personal property and any rights and privileges which the PNG ALLIED HEALTH WORKERS ASSOCIATION may think is necessary or convenient for any for any of the purposes of the ASSOCIATION for the benefit or convenience of its Members.
m) To sell, improve, manage, develop, lease, mortgage, dispose of turn to account or to otherwise with all or any part of the property of the ASSOCIATION.
n) To invest any Monies of the ASSOCIATION as the Association may from time to time deem fit.
o) To promote the welfare of Members and/or their dependants and to establish a Welfare Fund of Funds to assist Members and/or their dependants in distress through sickness, death or other cause.
p) To print, publish and distribute any newspaper, periodical, books, and leaflets that the ASSOCIATION may think desirable for the promotion of the objectives of the ASSOCIATION.
Rule 5: Constitution
The Association shall be constituted of any unlimited member of persons, employed by the state of Papua New Guinea of Health as Pharmacy personnel, Dentals Anesthetics, X-Ray personals who is a citizen of Papua New Guinea and not otherwise disqualified.
Rule 6: Rules of the Allied Health Workers Association, PNG.
a) The rules of the ASSOCIATION shall be adopted at a General Meeting of the EXECUTIVES and shall upon adoption be binding upon all Members.
b) Any Members refusing to obey or comply with the rules of the ASSOCIATION may after being asked by the Executives to show the cause why he/she should not be expelled from the ASSOCIATION by a secret ballot of the of the Executives or fined an amount not exceeding ten kina (K10.00).
c) The rules of the ASSOCIATION should not be altered or rescinded or added to by a secret ballot of a General Meeting held specially for that purpose. At least (1) one month’s notice specifying the proposed alteration, rescindment or addition to the rules of the agreed shall be by a majority of votes and twenty percent (20%) or more of the total number of financial members must record a vote.
d) Notwithstanding Rule 6 (c) the Executive shall have power to repeal, alter or add to any rule to enable the registration of the ASSOCIATION as an Industrial Organisation or to remove a ground of objection by an objector in accordance with the Regulations under the Act.
e) The cost of any copy of the Rules and Constitutions of the ASSOCIATION and other than a copy supplied under the provisions of the Rule 6 (e) shall be as determined by the Executive but shall not exceed the amount of Two Kina (K2,00). f) One copy of Rules and Constitutions of the ASSOCIATION shall be supplied free of charge to financial members of the ASSOCIATION by the within thirty days (30) of the registration of the ASSOCIATION by the Registrar. New members subsequent to Registration shall be supplied free of charge one copy of the Rules and Constitutions.
Rule 7: Membership
a) Every application for Membership of the ASSOCIATION shall be in the form contained in Schedule A of these Rules and should be accompanied by the fee specified in Rule 16 (c).
b) Applications for Membership shall be considered by the Secretary who shall have power to approve the application or to refer the application to the Executive.
c) Membership for the application should date from the time of approval for the application for membership.
d) If an application of Membership be refused or deferred under Rule 7 (b) by the Secretary, the application shall be referred to the Executive which may approve or refuse the application. The Secretary shall advice the applicant in the event of a refusal and return to the applicant the fee lodged in accordance to Rule 7(a).
e) Membership shall continue from year to year unless otherwise determined by these Rules.
f) A member may resign his/her membership of the ASSOCIATION on giving three (3) months notice to the Secretary of his intention to resign and the payment of all the fee levies and fines to the date of his/her resignation.
g) Notwithstanding the provision of Rule 5, a member transferred from the ASSOCIATION of otherwise leaving the ASSOCIATION may return his membership of the Union for the remainder of the current financial year.
h) A financial member of the an industrial organisation of employees granting reciprocal rights of membership to members of this ASSOCIATION may return his membership at which time he shall be obliged to pay a subscription under the provision of Rule 16.
i) The Executive may arrange reciprocal membership with any Registered Industrial Organisation of Employees which have objectives similar to the objectives of the ASSOCIATION.
Rule 8: Life Membership
Any office bearer or other member of the executives or past officers or past members of the Executive may be elected a life member of the ASSOCIATION at an Annual General Meeting of the Executives provided that at least one (1) month's notice of intention to nominate a life member is given to all members.
Rule 9: Management of the ASSOCIATION
The Management of the ASSOCIATION shall to the extent provided in this Rules be vested in an Executive Committee of the ASSOCIATION.
Rule 10: Executive Committee of the Association
a) The Executive shall be elected by a secret ballot at the Annual General Meeting and shall comprise of:-
i) President
ii) Senior Vice President
iii) Vice President
iv) Treasurer
v) Three (3) Trustees
vi) The President, Senior Vice President and Treasurer shall be elected from the National Capital District (NCD) and Central Province.
b) All nominations for positions on the Executive Committee shall be in the form contained in Schedule B of these Rules and shall be signed by no less than two (2) Financial Members and the Nominee.
c) Where the Membership of any Branch exceeds one hundred Members, that Branch shall be entitled to elect in addition to the Chairman of the Branch further representatives to the Executive on the following basis:-
100 Members but not exceeding 200 Members = 1 Representative
200 Members but not exceeding 300 Members = 2 Representatives
300 Members but not exceeding 400 Members = 3 Representatives
d) Notwithstanding Rule 10 (a) and (b) a General Secretary may be appointed by the Executive Committee for a period not exceeding (4) four years at any one time and at such salary and on such conditions of appointment as may be determined.
e) If at any time following the appointment of a General Secretary, the office of the General Secretary is vacant by reason of resignation or termination or if the General Secretary is on leave, the Executive may appoint an Honorary General Secretary for the period the office is vacant or during the period of such leave provided such period does not exceed (12) twelve months.
Rule 11: President
a) The President shall be the Chief Executive Officer and shall speak in the names of the ASSOCIATION. He shall be entitled to take the chair when present at any meeting of the ASSOCIATION or any committee of the ASSOCIATION and shall have a casting vote in addition to his own in all cases of equality of voting ballot on any question. He shall, ex-officio, be a member of all committee.
b) The President shall ensure that all elected officers and members comply with the Rules of the ASSOCIATION.
Rule 12: Vice President
a) The Senior Vice President shall, in the absence of the President, exercise all the powers of the President.
b) The Vice President shall in the absence of the President and Senior Vice President exercise all the powers of
the President. c) In the event of the resignation, death or impulsion of both the President and Senior Vice President, the Vice President shall assume the office of President until the next general elections of offices or until the president is elected at a Special General Meeting specially convened for the purpose. Rule 13: Secretary a) The secretary of the ASSOCIATION shall be responsible for all records and matters connected with the management of the ASSOCIATION. b) The Secretary shall undertake all duties necessary to obtain such registration. c) The Secretary shall undertake all nominal role of members of the ASSOCIATION showing the name, occupation, address and financial status of each member and shall enter in such role of any changes as to occupation or address of members. d) The Secretary shall keep minutes of all general meetings of the ASSOCIATION and all minutes of the Executive committee and other Committees formed by the ASSOCIATION and shall ensure that such minutes are fully authenticated by the signature of the President or in his absence, the Senior Vice President. e) The Secretary shall prominently display in the office of the ASSOCIATION the names and titles of all officers and trustees of the ASSOCIATION. f) The Secretary shall notify the Registrar of any change of officers of the ASSOCIATION without seven (7) days of such changes. g) The Secretary shall notify the Registrar within twenty-one (21) days of any changes of alteration of Rules the ASSOCIATION and shall apply for registration of such new rules or alteration of rules. h) The Secretary shall notify the Registrar within one (1) month:- i) The establishment of any Branch of the ASSOCIATION ii) Of any amalgamation, affiliation of federation of the ASSOCIATION with one (1) or more registered industrial organisations. iii) Of any change of names of the ASSOCIATION; and iv) Of any of Registered Office of the ASSOCIATION. Rule 14: Treasurer a) Subject to the Rules of the ASSOCIATION, the Treasurer shall be responsible for the funds of the ASSOCIATION and the keeping of full and accurate accounts of the ASSOCIATION. b) The Treasurer shall keep books of accounts of the ASSOCIATION showing all monies received and all money expended by the ASSOCIATION Books of Accounts shall include: Receipt Books (in triplicate); i) A Bank Deposit Book (with original and duplicate sheets); ii) A Cash Journal; iii) A General Journal iv) A Ledger; v) A Petty Cash Journal; vi) A Register of Receipt Book vii) A Register of fixed and other assets viii) Such other Books as the Register may require c) All monies received by way of membership fees or otherwise shall be accounted for by an official receipt of the ASSOCIATION issued on the authority of the Treasurer. d) The Treasurer shall bank all money received on behalf of the ASSOCIATION as soon as possible after receiving them in a bank account at the bank in the name of the ASSOCIATION. e) The Treasurer of the ASSOCIATION shall, before resigning or vacating office as at, and within one (1) month after the 31st day of December in each year and at such other times as he may be required by the Registrar of a resolution of members of the Executive, prepare a true account of the receipts, expenditure and balance of moneys held by him/her since the date of his/her assuming office of since his last previous account under his/her section. The form of account shall be prescribed under the Act. f) The Treasurer shall file with the Registrar at the completion of each year a copy of his/her accounts as prepared by him/her under the last proceeding sub-rule. Rule 15: Trustees I. a) All property received by the ASSOCIATION and all moneys of the ASSOCIATION shall be vested in three (3) duty elected Trustees for the benefit of all members generally and such Trustees shall have power to control and invest same subject to the direction of the Executive. b) The Trustees shall be elected by secret ballot at the Annual General Meeting. In the event of a Trustee resigning or otherwise vacating his/her office the Executive may appoint and Acting Trustees to fill the vacancy until the next Annual General Meeting. c) Nominations for the positions of Trustees shall be in the manner prescribed in Rule 10 (b). Rule 16: Fees, Levies and Fines a) They early subscription of the members shall be due and payable on the first day of January each year. b) In the event of any member failing to pay his subscription with (3) three months after same has fallen due, the Executive by resolution, may declare such member shall have, forfeited his membership and will forfeit all interest in the ASSOCIATION. Executive may impose a fine of ten (K10.00) upon any member who fails to pay his subscription fee by the first day of April. c) Until altered by a General Meeting of members fortnightly subscriptions payable by members shall be at the rate of 1.5% of base salary fortnightly. d) A levy upon members may be imposed by a decision of a Referendum upon the recommendation of the Executive for the following purposes:- i. Defraying expenses of any application or claim made to any Court or other component tribunal or authority in respect of salaries, wages or conditions affecting members; or ii. Providing Funds for the furtherance of objectives of the ASSOCIATION. e) One month’s notice of the recommendation of a levy shall be given to all members before the matter is submitted to Referendum. f) Subscriptions, levies and Fines shall be paid to the Treasurer or a member authorised in writing by the Treasurer to receive such monies. g) Notwithstanding this Rule the Executive, if it sees fit, may waive payment of the whole or any portion of a levy or subscription owing be a member if, in the opinion of the Executive, special circumstances make it desirable to do so. h) All subscription, levies and fines are recoverable form member as a civil debt. i) Levies shall not total more than fifty kina (K50.00) in any one financial year. Rule 17: Funds of the ASSOCIATION a) The funds of the ASSOCIATION shall be kept in a Bank account of the ASSOCIATION and this account shall only be operated on three (3) signatures:- i) of the Trustees; ii) President or Vice President; iii) Treasurer b) The funds of the ASSOCIATION shall not be expended on any matter outside of the objective of the ASSOCIATION and in particular may be expended on:- 1. the payment of salaries, allowances and expenses of officers of the organisations; 2. the payment of expenses for the administration of the organisations, including audit of the accounts of the funds of the organisation; 3. the prosecution or defense of any legal proceeding to which the organisation or a member of the organisation is a party, when the prosecution of defense is undertaken for the purpose of securing or protecting any rights of the organisation as such or any rights arising out of the relations of a member with his/her employer; 4. legal advice for the purpose of securing or protecting any rights of the organisation as such or any rights out of the relations of a member with his employer, or any rights of member or his dependents arising out of a civil case; 5. the conduct of industrial disputes on behalf of the organisation or any member of the organisation; 6. the compensation of members of the organisation for loss arising out of industrial disputes; 7. allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of members; 8. allowances to members in distress; 9. social insurance, medical aid, and the supply if medications and drugs to members of their dependants, and any expenses incidentals too; 10. expenses incurred on the business of the organisation by the elected representatives of the employees; 11. the purchase of lease of any building or land required for the purposes of the organisation, and for the rent, up keep and furnishing of that building or land; 12. federation or affiliation fees or contributions; 13. contributions to charitables, educational or cultural institution or society approved by the Secretary of Labour; 14. contributions to any registered industrial organisation in financial difficulties for the purpose of assisting the organisation; 15. the educational, cultural or vocational training as approved by the Secretary of Labour, for members of the organisation and any expenses incidental thereto; 16. the organisation of any theatrical performance concert, reception, dance, sports, meeting or excursion; 17. the purchase of books, newspapers and other literature and the upkeep of a reading room for the use of members of the organisation; 18. the editing, printing, publication and circulation of any book, newspaper or other periodical bulletin, pamphlet or other printed matter for the advancement of the 19. objects of the organisation of the other promotion of the interests of its members as such; 20. interest on loans, income tax and other legally imposed taxes and fees; 21. assistance, whether by way of loans or grants or otherwise to producer or distributor co-operative societies of co-operative housing schemes for the benefit of members of the organisation; 22. assistance to members of the organisation in the education of dependants; and 23. and other objective which, by notice in the Gazette the Registrar, on the application of an industrial organisation, and subject to any directions given by the Secretary of Labour, declares to be an objective for which the funds of an industrial organisation may be expended, the expenditure to be subject to such conditions as the Registrar may be the same or a subsequent notice direct. Rule 18: Welfare Funds a) Any funds received by the ASSOCIATION in respect of any contributory provident fund or pension fund scheme or for any provident benevolent or similar fund kept by the ASSOCIATION for the benefit of members shall be kept in the trust accounts separate from the general funds of the ASSOCIATION. b) Any member who shall resign or cease to be a Member shall be refunded subject to the following provisions of all monies paid by him/her by way of contribution to any provident benevolent of similar fund which may be established by the ASSOCIATION for the benefit of its members. Such refund shall be less the total of payments (if any) made to the Members from Welfare Funds. Rule 19: Audit The Executive Committee of the ASSOCIATION shall appoint an Auditor for the ASSOCIATION and such appointment shall be subject to approval by the Registrar. The auditor shall at least once a year and as soon as possible after the 31st day of December each year and such times as the Executive Committee direct audit the books of accounts of the ASSOCIATION and draw up a report upon the same. The report of the auditor shall be placed before the Executive Committee for the ASSOCIATION. The Auditor shall have full and complete access to all books of accounts of the ASSOCIATION. Rule 20: Elections a) All officers of the Executive Committee with the exception of the General Secretary if appointed under Rule 10 (d), shall be elected by secret ballot of all financial Members. A secret ballot for the election of such officers shall not be valid unless at least ten percent (10%) of the Members entitled to vote record their vote. b) As soon as possible after the first day of January each year the Secretary shall advise all Members that nominations shall be received for all positions on the Executive other than General Secretary if appointed under the provisions of Rule 10 (d). The Secretary shall fix a date not less than one (1) months after the date of notification when such nominations shall close. Rule 21: Voting a) Unless otherwise provided for in the Rules questions or resolutions at any meeting of the ASSOCIATION Executives, Committees or Branches shall be decided by majority in votes. In the event the equality of voting the presiding officer shall have a casting vote as well as deliberative vote. b) Notwithstanding this rule or any other rule of the ASSOCIATION a secret ballot shall be taken in respect of:- i. election of officers; ii. amendment of rules; iii. strikes; iv. federation of affiliation; or v. amalgamation or dissolution. c) Such secret ballots shall be conducted by the Chief Electoral Officer appointed under the Election Act 1963-1967 in such manner as he directs and under the supervision of the Registrar and shall be decided by a majority of votes. Rule 22: Meetings of the ASSOCIATION a) The members of the ASSOCIATION shall hold an Annual General Meeting on a date determined by the Executive no later than the thirty-first (31st) day of March each year. One month’s written notice of Annual General Meeting of the ASSOCIATION shall be given to the members by the Secretary. b) General Meetings may be held at any other time the Executive may deem such a meeting by the Secretary. c) Members should be given at least seven (7) days notice in writing of any Annual General Meeting by the Secretary. d) The Executives shall meet at least once a month. e) Notwithstanding Rule 22 (b) twenty (20) or more members may, at any time in writing, request the Secretary to call a general meeting and the Secretary shall forthwith call such general meetings in accordance with Rule 22 (c). Rule 23: Quorums a) Forty (40) members present at any General Meeting of the ASSOCIATION shall constitute a Quorum providing that when the total membership is reduced to less than fifty (5), 25% of shall constitute a quorum. b) 50% of members present at any Executive Committee meeting shall constitute a quorum. c) A Quorum of any other Committee shall be determined by that Committee d) Should there be no Quorum present within thirty (30) minutes from the time which any meeting is called, the meeting is to be dissolved to a time to be fixed by the Executive. Rule 24: Branches a) The Executive may approve the establishment of Branches within the ASSOCIATION to better provide for the interests of and shall comprise Members of the ASSOCIATION engaged in such industries as are specified by the Executive for each Branch. b) The Secretary of the Branch shall forward to the Secretary of the ASSOCIATION for submission to the Annual General Meeting, a report of the work of the Branches during the year together with a statement of receipts and expenditure, should be submitted to the Secretary at least two (2) weeks prior to the date set for the Annual General Meeting. c) The Secretary of the Branch shall refer all matters out of the Branch business to the Executive of the ASSOCIATION for its consideration and action. d) The Chairman of the Branch shall be the Chief Executive of the Branch and shall report there on to the Executive. e) The Secretary of any Branch shall keep Minutes of every Meeting to the Branch and any Committee formed by the Branch and ensure that such Minutes are fully authenticated by the Treasurer of the ASSOCIATION. Rule 25: Inspection of Books The Registrar or a person authorised in that behalf may at any time inspect the Books of accounts and register of members of the ASSOCIATION. Rule 26: Power of Attorney The ASSOCIATION may appoint by instrument in writing under its seal a person as its attorney or attorneys in respect of specified matters and to act in any place wheresoever and all deeds signed by the attorney or attorneys on behalf and under his/her or their seal are binding upon the ASSOCIATION and have the same effect as if they were under the seal of the ASSOCIATION. Rule 27: The Seal The Seal of the ASSOCIATION shall be kept in the custody of the Secretary. Such Seal shall not be affixed to any instrument without the authority of the Executive and of the President or officer presiding in his absence and by the Secretary. Rule 28: Amalgamation, Federation or Affiliation a) A proposal for amalgamation, federation or affiliation shall be circulated in writing to each Members. b) A secret ballot to decide a proposal to amalgamate, federate or affiliate shall be held not less than thirty (30) days after the circulation of the proposal. c) A secret ballot to decide a proposal to amalgamate, federate or affiliate shall not be valid unless twenty percent (20) of financial members exercise their right to vote. Rule 29: Application of Income The profits and other income (if any) of the ASSOCIATION whensoever derived shall be applied solely in promoting the objective of the ASSOCIATION and no portion thereof shall be paid or transferred directly or indirectly by way of dividends, bonus, or otherwise howsoever to the members of the ASSOCIATION. Rule 30: Dissolution of ASSOCIATION a) If:- i. At a general meeting a resolution for the dissolution of the ASSOCIATION is passed by a majority of members present; and ii. at a special general meeting held not less than one half of the ordinary members are present; and that resolution is confirmed by a majority of two thirds of the members voting thereon; iii. The Executive Committee shall thereupon or at such future date as it specified in the resolution proceed to realize the property of the ASSOCIATION. b) If upon the winding up of the ASSOCIATION there remains, after the satisfaction of all its debts and liabilities any property whatsoever, that shall not be paid to or distributed among the members of the ASSOCIATION but shall be given or transferred to some other institution or institutions having objectives similar to the objectives of the ASSOCIATION and which prohibits the distribution of its or their income and property among its or their members to an extent at least as great as it imposed on the ASSOCIATION by the Rule 17.