SAMPLE OF CONSTITUTION (TAYOTA)

THE CONSTITUTION

TABLE OF CONTENTS:

1. HEAD OFFICE
2. MISSION
3. VISION
4. STATUS
5. AIMS AND OBJECTIVES
6. THE LIABILITY OF MEMBERS.

7.    ACQUISITION OF MEMBERSHIPS

8.    MEMBERSHIP CATEGORIES

9. MEMBERS’ RIGHTS

10.  RESPONSILITIES OF EVERY MEMBER

11.  CESSATION OF MEMBERSHIP

12.  RE-ADMISSION TO MEMBERSHIP
13.  ORGANIZATION
14.  OFFICE BEARERS
15. MANAGEMENT
16. STANDING COMMETTEES
17. EXECUTIVE COMMETTEE MEETINGS
18. THE ELECTION PROCESS IN ELECTIVE OFFICESS.
19. REMOVING AN OFFICER FROM AN ELECTIVE OFFICE.
20. INTERPRETING THE CONSTITUTION.
21. SOURCES OF FUNDS AND OTHER RESOURSES.
22. SIGNATORIES.
23. FINANCIAL YEAR
24. APPOINTMENT OF AUDITORS
25. THE SEAL.
26. DISSOLUTION OF THE ORGANIZATION
27. AMMENDMENT
28. COMMENCEMENT

THE CONSTITUTION.

The name of the Association is Tanzania Youth Talent Association (TAYOTA)

1.     MISSION

Our mission is to offer opportunities to young men to demonstrate and enjoy their talents and efforts in their area of careers on culture, sports and traditional values as well as the opening doors for entrepreneurships ideas.

2.    VISION

Our vision for Tanzania Youth Talent Association (TAYOTA) is one of a warm place where young people aged 12-30 acquire the knowledge, attitudes, and behaviors to become independent adults capable of realizing their full potential and participating actively in their communities.

3.  PROGRAM

The programs of Tanzania Youth Talent Association (TAYOTA) are founded on voluntary participation in activities structured to maximize the opportunity for young people to engage in terms of their unique development capacities and needs. Every program operates within a framework designed to:

        Strengthen personal knowledge and skills and the promotion of healthy behaviors and lifestyles.

        Develop interpersonal skills and practices of understanding, tolerance and inclusion.

        Contribute to a sense of civic responsibility and engagement in community.

4.    STATUS.

Upon registration, the Organization will operate nation-wide and will acquire a legal personality with the capacity to sue and to be sued in its own name, to acquire, dispose and hold movable and immovable property, to enter into contracts, to borrow and lend money or other property, and to receive grants and kinds of support to enable it to achieve its goals. The Organization is a non-profit sharing and non-denominational.

Tanzania Youth Talent Association (TAYOTA) aiming to be the most excellent institutes, the flag of young men, excellent products serving community, and excellent creativity to improve youth’s talents and generating their entrepreneurship ideas for sustainable development.

  

5.    OBJECTIVES.

The general objective of this organization is to make sure that young men have confidence mindset in using their talents as methods of reducing financial crime (poverty, economical drop and underdevelopment)

(a      To provide advice and consultancy services of expertise and professional nature.

(b)     To sensitize the establishment and development of cottage industries.

(c)    To promote and provide general community education and networking with local and international community.

(d)   To promote tourism and rational environmental use and conservation.

(e)    To promote human and economic rights, patriotism and self reliance

(f)     To create employment opportunities and impart people with entrepreneurship skills to improve life standards.

(g)   To review and promote cultural development, with a view of eradicating outdated cultural practices.

(h)   To fight against HIV/AIDS, gender discrimination and general public health education.

6.    OUR TARGET

   Tanzania Youth Talent Association (TAYOTA) established to save the lower income people/people living in rural area especially the young men (aged to 12-30) who have their talents but lacks supports to generates their talents

   Why this group? Because Young men have their talents but they lack financial facilities/they lack capital, also they are working in a bad working condition (low wages/cheap labour, long working hour, harsh supervision and some has no employment opportunity) which accelerates to failure of developing their talents.

    TAYOTA will be enhancing/influencing/financing young men to develop their talents for well being.

   TAYOTA will be looking alternative ways on how to improve youth’s talents/career basing on music, sports and creative arts. Also we target to help young men to get vocational training certificate basing on their career/ideas/talents.

 

7. SOURCES OF FUNDS AND OTHER RESOURSES.

. The funds and resources of the Organization shall be raised from:

1. Such sums as may be realized from entry fees, yearly subscription and other fees by members and non members.

b.    Supporter/grants from public and private organizations, Fund raising session.

c.    Fee paid by members to join our program.

4. Such sums or other property as may be given to the Organization through voluntary contributions by members and non members.
5. Such monies or other property as may be given to the Organization by way of donations, gifts, grants, fund raising, movable and immovable property rentals, sales, bank interests, stocks, loans, bequests and any other legal sources as may be determined from time to time.

6. Such sums as may be payable to the Organization as a result of or in the course of discharging and carrying out its functions.
7. Any other legal income generating activities

All funds of the Organization shall be deposited in designated bank(s), Investment houses and instruments as the executive Committee shall determine from time to time.

7.    THE LIABILITY OF MEMBERS.

The liability of the members is limited. Every member of the Organization undertakes to contribute to the assets of the Organization in the event of the same being winder up during the time that he or she is a member, or within one year afterwards, for payment of the debts and liabilities of the Organization contracted before he/she ceases to be a member and of the costs, charges and expenses of winding up and for the adjustment of the rights of the contributors amongst themselves. Such amount as may be required not exceeding Fifty Thousand Tanzanian Shillings (Tshs. 50,000/=).

8.  ACQUISITION OF MEMBERSHIPS

The subscribers to the Constitution of the Organization and such other persons as the Board shall admit to membership shall be members of the Organization. Application for membership shall be done by aspirants in prescribed forms, filled and submitted to the Director.

9.    MEMBERSHIP CATEGORIES

Membership shall be open to any person or organization interested and qualifying in furthering the objectives of the Organization. There shall be six categories of members, namely;-

a)    Founder members

b)   Ordinary members

c)    Associate members

d) Juvenile members

e) Honorary members

10. Definitions and Conditions

Any person who is genuinely interested in general or specific development of the Organization and ascribes to the objectives, functions and purposes, may become an ordinary, Associate, Institutional, Juvenile or Honorary member, on fulfilling the conditions for admissions of the respective category

a)    Founder members are those who attended the meeting on which the idea of forming the Organization was originated and adopted and others who shall be admitted thereto.

b)   Any person who has attained the age of 18 years and above, is of sound mind and ascribes to the objectives/aims of the Organization may become an ordinary member of the Organization.

c)    An Associate member is an individual or organization who contracts to make substantial and outstanding contribution(s) towards the development and attainment of the aims and objectives of the Organization. Once she/he fulfils his part of the contract, he is automatically entered into the register of members.

d)   Juvenile members are persons who are below 18 years of age.

e)   Honorary members are individuals or organizations that shall be identified by the Organization to have made outstanding contribution to the Socio-Economic development in Tanzania. The approval for this category of membership will be done at the Annual General Meeting. There shall be no application for membership in this category.

The Executive Committee shall make rules and regulations governing admission of all members and will review them every year. Such rules shall be brought to the Board of Directors’ meetings for approval.

11.  MEMBERS’ RIGHTS.

 All members of the Organization shall have the following rights:

1. To request and receive quarterly financial statements and progress reports.
2. To attend all meetings they are entitled to. However the following rights are reserved only for ordinary and founding members. These are:

a)    Making decisions in any meeting of the Organization

b)   Voting during any election of the Organization

c)    Contesting to any leadership positions in the Organization.

  iii.        To receive an Identity Card and a copy of the constitution on payment of a prescribed fee.

12.  RESPONSILITIES OF EVERY MEMBER

i.             To do volunteer work in furtherance of the Organization’s objectives

ii.            After admission, each member shall pay prescribed fees in order to become a live member and to be entitled to membership rights. An Identity Card will provide after all payments.

iii.          Any person whether a member or otherwise may at any time give extra gratis contribution to the Organization, over and above the volunteer work, fees and /or annual subscription as the case may be.

iv.           The Executive Committee shall make rules regarding the payment of fees and other sources of income and revise them whenever necessary.

v.            The executive committee may from time to time request for volunteer work, donations, gifts, grants and extra gratis contributions from members and non-members, within the country and abroad in order to enhance and strengthen the Organization’s financial position and material base to be able to carry out its objectives.

13. CESSATION OF MEMBERSHIP

1.      Any member shall cease to be a member of the Organization on any of the following grounds:

2.     Voluntary resignation by presenting a formal letter showing this intention.

3.     Suspension by the Executive Committee, of a member who violates the Constitution, Rules and Regulations of the Organization

4.     Death.

5.     Failure to pay subscription fees or other membership dues within a prescribed period of time.

6.     Proven insanity or unsound mind.

7.     Convictions on any offence that seriously affects the image or business conduct of the Organization.

8.     Proven unbecoming conduct to the objectives/aims of the Organization. 

9.     Any other unbecoming conduct that shall be proved to the satisfaction of Executive Committee.

 The Executive Committee shall report at each Annual General Meeting each case of cessation of membership or new admissions. The Executive Committee shall not terminate or dismiss any person from membership unless it has carried out an appropriate inquiry, including giving the person the opportunity to be heard in oral and/or writing as it may be necessary.

14. RE-ADMISSION TO MEMBERSHIP.

A person whose membership has been terminated may be readmitted to membership if he/she applies through the Executive Committee and his/her application is admitted by the committee after a careful scrutiny. The application may be rejected with or without reasons

A person who ceases to be a member of the Organization shall not be entitled to any refund of his/her fees, subscriptions or contribution whatsoever.

15. ORGANIZATION

     The Organization shall have the following principal organs:

1. The Board of Directors
2. The Executive Committee
3. Annual General Meeting

15.1. The Board of Directors.

    Members of the Board will be selected by the founding members. This will be the highest decision making body. Its main duties shall be;

(a)  To elect the Chairperson, who shall be the Chief Executive Officer

(b) To select the Executive Committee.

(c)  To make and unmake offices and appoint or employ officials thereto.

(d) To approve or disapprove membership applications, plans, programs, budget, expenditure and sources of income.

(e) To foresee that the aims and objectives are being fulfilled through established organs.

(f)  And any other duties in respect of this Organization.

(g) To authorize all expenditure.

15.2. The Executive Committee

Founding members will be responsible for selecting the Executive Committee to run the Organization. This shall be responsible for all day to day activities of the organization.

15.4. Annual General Meeting:

1. There shall ordinarily be convened an Annual General Meeting of the Organization once in every calendar year at a place and time to be determined by the Executive Committee.
2. Any other General Meeting of the members of the Organization other than the Annual General Meeting shall be called Extra-Ordinary General Meeting and shall be called in case of an emergency issue that requires all members to convene.
3. The quorum at any meeting shall be 60% and above of members in good standing entitled to attend. A decision of 75% of the members present and voting at the meeting shall be deemed to be a decision of the Organization.
4. The business of the Organization at the Annual General Meeting shall be:

a)    To consider and adopt reports from organs of the Organization relating to the activities for the preceding year.

b)   To deliberate upon annual programs, plans, budget and other activities of the Organization for the forthcoming year.

c)    To elect office bearers and members of the committees in elective offices, if elections are due.

d)   To deal with any other matters relating to the Organization as shall be tabled by the Executive Committee.

5. The CEO may at any time call an Extra-Ordinary General Meeting of the Organization either on his/her motion or upon the request in writing signed by at least 25% of the members of the Organization stating an emergency purpose for which the meeting is to be called to deliberate upon.
6. A 75% vote of attending members will decide issues.
7. Notice of the Annual General Meeting or Extra Ordinary General meeting shall be by notice in writing or any other convenient and effective means of the time, to all members and shall be issued at least 28 clear days before the date and stating the time and the venue of the meeting.

16. The Organization shall have the following office bearers:

16.1 Chairperson (Chief Executive officer).

The chair person shall have the following responsibilities;

(a)  To be the overall in charge of all activities of the organization.

(b) To preside over all meetings except where it is provided to the contrary.

(c)   To be the chief spokesperson of the organization.

(d) To sign financial, legal and other instruments.

The chairperson may delegate any his responsibilities when need arises.

16.2Secretary.

The Secretary shall have the following responsibilities;

(a)  to supervise day to day activities

(b) to call meetings and prepare agenda

(c)  to keep all records of the organization

(d) to receive and respond to all mails

(e) To prepare all official drafts of the organization.

(f)  To be the chief adviser to the chair person

(g) Any other responsibility as may be assigned to him by the chair person

16.3Treasurer.

The Treasurer shall have the following responsibilities;

(a)  to be responsible for all financial matters

(b) to be the chief financial adviser to the chair person

(c)  to keep all books of accounts

(d) To receive all monies and other resources on behalf of the organization and issue receipts.

(e) To make all purchases on behalf of the organization  

17. MANAGEMENT

 The management of the affairs and conduct of the business of the Organization shall be vested in the Executive Committee which shall discharge its function in accordance with the constitution, Rules, Regulations and other lawful resolutions. The Executive Committee shall consist of:

1.     Chief Executive Officer.

2.    Secretary

3.    Treasurer

4.    All Heads of Departments.

 The Executive committee shall be overall in-charge of the day to day management and conduct the affairs and business of the Organization and shall for that purpose:

1. Manage the business of the Organization, formulate, and plan the activities, programs and projects of the Organization.
2. Prepare or cause to be prepared and submit to the Board of Directors’ Meeting necessary reports on the Organization’s activities; audited statements of accounts and financial reports and annual and long term-work plans and the Organization’s budget estimates.
3. Prepare, conceptualize, identify and implement development activities for the betterment of the Organization.
4. Arrange for the implementation of all resolutions by the organs of the Organization.
5. Adopt such rules and regulations as may be necessary or appropriate to conduct the business of the Organization with the approval of the Board.
6. Conceptualize and organize conferences, workshops, symposia, training programs and other activities in accordance with approved programs of work.
7. Prepare proposals for joint action programs with other persons and organizations.
8. Be responsible for the budget implementation and financial management of the Organization as approved by the Board.
9. Employ or engage any person for any post or consultancy in the Organization with the authority of the Board.
10. Receive and evaluate any application for membership and take any appropriate action against any member who has failed to obey the provisions of the constitution.
11. Do all such lawful acts and things for the purpose of ensuring the effective and efficient operation and discharge of the objects and purposes of the Organization and its organs.
12. Provide provisional membership status to applicants before approval by the Board.

18. STANDING COMMETTEES.

 The Executive Committee may appoint standing or ad-hoc sub-committees whenever considered necessary for the purpose of better discharge of the Organization’s functions. The Executive Committee may co-opt any of its members into such appointed standings or ad-hoc sub-committees.

19. EXECUTIVE COMMETTEE MEETINGS

(a)   The Executive Committee shall ordinarily meet once every month but the CEO may convene extra-ordinary meetings at any time in accordance with the rules and regulations of the Organization.

(b) Every meeting will be chaired by the chairperson/Vice chairperson or appointed Executive Committee member, incase of absence of chairperson and vice chairperson.

(c.) At any meeting of the Executive Committee, 51% of the members shall constitute a quorum. A decision shall be passed by 51% of the votes of the members present and voting. In the event of equality of votes, the chairperson shall have a casting vote in addition to his/her deliberative vote. Votes shall be taken by a show of hands or any other way prescribed by the rules made under this constitution.

20.THE ELECTION PROCESS IN ELECTIVE OFFICESS.

(a)  The Executive Committee will appoint a person to chair the election, one month before the due date.

(b)   Then it will announce the Election Day a month before

©   prospective candidates will fill and return election forms to the chairperson, accompanied by          a short letter introducing the candidate with all important details and the reasons why he/she deserves to be elected, three days before the elections day.

(d)  The election process will be in the form of secret ballot and the Executive Committee may call observers.

21. REMOVING AN OFFICER FROM AN ELECTIVE OFFICE.

(a)  An officer may be removed his post  by the Executive Committee if it satisfied that he/she has failed to carry out his duties or that he conducts himself/herself in a manner that  contravenes this constitution or any regulations made under its authority.

(b) Any member who has any evidence as mentioned in (a) above may present it to Executive Committee, which shall carry out extensive investigation and use all available means, including giving the accused an opportunity to be heard. Finally, the committee will give its verdict. More details will be found in the regulations that will be made under this constitution.

22.INTERPRETING THE CONSTITUTION.

Any problems relating to the interpretation of this constitution will solved by utilizing all the available means within the organization. If they persist, they will be taken to a court of law as the last resort and laws of Tanzania will be applied.

23.SIGNATORIES.

There shall be three persons, appointed by the Board, to be designated as signatories, any two of which shall lawfully sign cheques and other financial instruments. Such appointments shall be in writing, signed and stamped by the CEO.

24.FINANCIAL YEAR

 The financial year of the Organization shall be a period of twelve months and shall follow a calendar year.

25.APPOINTMENT OF AUDITORS

(a). The Executive Committee shall, with the approval of the Board, and at reasonable remuneration, appoint a professionally qualified and dully registered person or body of persons to be the External Auditor(s) of the accounts of the organization, either in respect of each financial year or generally as provided by the Act.

(b). The books of accounts of the Organization shall be audited within three months after the close of each financial year; and there shall be submitted at the following Annual General Meeting a report containing:

i. Statement of income and expenditure during the past financial year.

ii. Statement of assets and liabilities of the Organization on the last day of the financial year.

iii. A report of auditors on the audited accounts.

     iv. The audited accounts of the organization shall be made available for inspection by the members at the principal and at all other established offices of the Organization on request.

26.THE SEAL.

There shall be a common seal of the Organization, inscribed on a metal; rubber or such other object as shall be determined by the Executive Committee. The seal shall only be used by a person authorized in writing by the Board. The Board shall determine who shall sign any instrument to which the seal is affixed and unless otherwise so determined; it shall be signed by the Chairperson or by the secretary in his absence or the Treasurer in absence of the Secretary.

27.DISSOLUTION OF THE ORGANIZATION.

The Organization can be dissolved by a two-third majority decision of ordinary and all founding members entitled to vote at the Annual General Meeting or an extra ordinary General Meeting. After outstanding debts are paid, the assets of the organization will be donated to another organization to be chosen by the members. Such organization shall be one with similar objectives with this organization and must be a non profit sharing.

28.AMMENDMENT

The Constitution of the organization shall only be amended by the founding members if need arises.

29.COMMENCEMENT.

This constitution shall come into operation on the day it will be passed by the founder members.

This constitution is officially passed this ………day of ………..2017

We, the several persons, whose names and addresses are subscribed below, and are desirous of being formed into an organization in pursuance of these aims and objectives; unanimously decide to form an organization namely; TAYOTA