KANDY FRIEND-IN-NEED SOCIETY

Constitution (2019 Amended)

(Amended New Constitution of Kandy Friend-in-Need Society Unanimously carried at Annual General Meeting 175 held on 07th July 2013 and amended, upon agreement of the Annual General Meeting 176 held on 21st December 2014 and The Annual General Meeting 181 held on 07th April, 2019, upon provisions under Section 07 of the Kandy Friend-in-Need Society (Incorporation) Act No.02 of 1984)

Name of the Society:

Kandy-Friend-In-Need Society

Registration No:

NSE/0003/2013/CP

Date of Commencement:

04.11.1837

Prior Registration:

Registration under Voluntary Societies Registration Ordinance No 16 of 1891
Published as an approved Charity under Inland Revenue Act No.4 of 1963 and Section 167 of No.06 of its Amended of 1969 and as a Notice appeared in Government Gazette No. 70 of 27.07.1973.
Legalized as a Corporation on 13th January, 1984, after approval of the Kandy Friend-in-Need Society (Incorporation) Act No.02 by the Parliament of Sri Lanka.

Objectives of the Society:

Implement suitable methods and strategies to afford relief for the protection and well being of the deprived elders due to social and economic grounds, belong to various levels of the society.
Towards this, the objective of Kandy Friend-in-Need Society is to establish and maintain Elders Homes, Retirement homes, Villages of retired persons, Elderly Bhikkuni and Sil Matha homes, Elderly Bhikku rest homes, and other ancillary institutions, and carrying out various programs for the relief expecting sections in the society.

Society Membership:

Any Sri Lankan Citizen, Above 18 years of age, with good character, who have never been found guilty of any court of law for any immoral act, possess the right to obtain the membership of the Society.

Membership Categories and Procedures:

Life Membership: Life Membership of the Society can be obtained upon payment of Rs.2,500/- and with the approval of the Executive Council.
Non-Resident Life Membership: Sri Lankans residing abroad can obtain Non-Resident Life Membership by paying Rs.5,000/- and obtaining approval from the Executive Council.
Institutional Membership: Certain common institutions or companies can acquire Institutional Life Membership by paying Rs.25,000/- and obtaining approval from the Executive Council.
Honorary Life Membership: Honorary Life Membership can be granted to individuals for exceptional service to the Society, upon proposal by the Executive Council and approval at a General Meeting.
Official Membership: The Secretary to the Ministry of Social Services of Central Provincial Council and the Director of the Department of Social Service of Central Provincial Council are ex officio members of the Society.
Membership Application Procedure: Application for Life, Non-Resident, and Institutional Membership should be made through a formal application issued by the Society. The proposal must be endorsed by two members of the Society with a membership of more than two years. Membership is granted upon confirmation by the Executive Council.
Disqualifications and Membership Restrictions: The Executive Council determines the number of new members to be admitted each year. Individuals convicted of a crime, mentally ill persons, and bankrupt individuals are disqualified from applying for membership.

Voting Rights and Office Holding:

Only Life Members and Honorary Life Members have voting rights at General Meetings. The Chairman holds a deciding vote.

Board of Trustees:

The guardianship of Society assets is entrusted to a 7-member Board of Trustees, including 6 elected members and the Chairman. Trustees are appointed from Life and Honorary Life Members. The Chairman also serves as the Chairman of the Board of Trustees ex officio. Vacancies in the Board are filled at General Meetings. The Board makes decisions regarding Society assets with 2/3 approval, subject to further approval by the Executive Council. The Board of Trustees meets quarterly to review Society assets and submit reports to the Executive Council.

Society Office Bearers:

Chairman
Secretary
Treasurer
Assistant Secretary
Assistant Treasurer
Four Vice Presidents
Legal Consultant
Financial Consultant
Medical Consultant
Chairpersons and Secretaries of 4 Committees
7 Persons appointed by the Chairman

These officials are elected annually by members with voting rights, with eligibility restricted to those with membership of over 2 years for the positions of Chairman, Secretary, and Treasurer.

Committees:

Committees could be established as stated below in order to accomplish services and activities of the Society aright. The Chairman of Committees should be elected at a General Meeting. There should be 07 members in a Committee and except the positions of Chairman and the Secretary the other 05 members should be nominated by the Chairman of the Committee.

Committee for Management of Homes, Welfare, Admission of Elders, Social Services, Religious, Meditation Centre at Kahambe and other Charitable activities.
Financial Administration and Planning Committee.
Assets and Legal Activities Committee.
Medical Services and Deshabandu Prem Weerakoon Fund Committee.

Powers delegated to the Committees, actions required to perform, responsibilities, should be approved at an Executive Council Meeting of the Society and they are considered as regulations of the Society. New Additional Committees and officials could be included at a General Meeting for New subjects added with the expansion of activities of the Society. All decisions taken at the Committees could be implemented after obtaining approval of the Executive Council, for said decisions.

Consultants:

In order to advise the Society concerning Legal Affairs of the Society, Financial Affairs and Medical Services Affairs, a Legal Consultant (Attorney-at law) Financial Consultant (A Charted Accountant) and a Medical Consultant (Recognized Medical Officer) should be elected at a General Meeting.

Management of the Society

Absolute Power and Responsibility concerning the Management of the Society is empowered to the Executive Council headed by the Chairman.

Executive Council:

The Executive Council of the Society consists of The Chairman of the Society, Secretary, Treasurer, Joint Secretary, Assistant Treasurer, Four Vice Chairmen, Chairmen of four Committees/Secretaries and the Seven members nominated by the Chairman (to represent various ethnicity, Religions and various professionals) and 3 Consultants of Legal, Finance, & Medical (Total Number 27) In case of any member of the Executive Council becomes absent without prior notice for 03 sessions of consecutive meetings of the Executive Council, the membership of the Executive Council and position held if any in the Society shall be treated as having vacated. For this, it has to be approved by the Executive Council. The Executive Council can appoint a suitable person at a time a position falling vacant in the Executive Council, on account of the death of an official of the Executive Council or Resignation or being absent for 03 consecutive sessions of Executive Council meetings without intimation.

Funds and Financial Responsibilities:

Cooked Food, Food Stuffs, Financial Aid, Equipment and Services could be accepted as donations from donors in order to accomplish the responsibility and execute Services of the Society. In addition to donors, financial and other aids, donations and “Grants” could be accepted as Assets of the Society from various Government and Non-Governmental Organizations, and lawfully received from Government, Provincial Council. Such aids and donations received, should be taken over by the Treasurer, and a receipt should be issued after making proper entries in the registers. The Society could obtain Land, Buildings and other Fixed and movable assets from the Government, from Individuals, from Organizations, for the expansion of the services of the Society. All these Assets should be governed under the Board of Trustees of the Society.

Financial Administration:

All financial resources owned by the Society should be deposited in a Government or Private Bank or Banks in the name of “Kandy Friend-In-Need Society”. These financial resources could be invested in Government recognized approved private financial institutions as well. All these could be attended to after the formal approval received from the Executive Council and the Board of Trustees. Working expenses should be met only from the earned interests received for the deposits. In addition to this, Material and Financial donations received for a specific work of the Society could be made used for the said task.

Treasurer:

Execution of daily activities concerning Society Funds should take place under the direct monitoring of the Treasurer. Timely reporting to the Executive Council with regard to the financial position of the Society and submission of proposals, preparation of accounts and annual financial reports are the responsibilities of the Treasurer.

Chairman:

The Chairman is the head of the Executive Council and the Board of Trustees of the Society. He is the Chief Executive Officer of the Society. The Chairman should always take decisions subject to the approval of the Executive Council. The Chairman could take decisions at a situations confronted in an emergency but for such decisions, should meet with the approval of the Executive Council subsequently. Such decisions taken at an emergency, should be informed to the following Executive Council meeting and obtain approval.

Secretary:

The Secretary should duly maintain the reports of General Meetings, Executive Council, Special Meetings of the Society. The Seal of the Society should be kept, in the custody of the Secretary. Notification of the decisions taken at the Executive Council, Correspondence with external parties on behalf of the Society, signing letters relevant to the appointments of the Officers and Employees of the Society are the responsibility of the Secretary. The confidential files and confidential documents of the officers and the employees of the Society, should be kept in the custody of the Secretary.

Staff:

There should be a staff to accomplish the services in the institutions which are under the Society. The rules and regulations have to be approved by the Executive Council of the Society relevant to the number of Employees and Officers to be included into the staff cadre, the recruitment procedure of them, qualifications, age limits, service Conditions, administrative laws and procedures, leave, salaries and allowances and disciplinary procedure. When appointments are made, the Letters of Appointments for them, have to be signed by the Chairman and/or the Secretary.

Head Office:

A Head office should carry out, at Mulgampola Premises of Kandy friend-In-Need Society, with an Administrative Officer together with a Staff under the direct management of the Chairman, and under the direct monitoring made by the Secretary and the Treasurer. The sub offices of the Institutions established under the Society, should be attached to the Head Office and function under the direct management of the Chairman, and under the monitoring by the staff of the Society.

Admission into Homes:

Relevant conditions and procedures for the admissions of elders, into the Institutions of Elders homes, Retirement Homes, Senior Citizens Homes, Elderly Bhikku , Bhikkuni, Sil Matha homes, which are in operation under the Society, have to be formally approved by the Executive Council of the Society.

Meetings of the Society:

1. Annual General Meetings
  1. To be held annually, before the 30th day of March of the coming year. (The executive Council can change the relevant date under unavoidable circumstances)
  2. The Secretary should present the Report of activities relevant to the past year. Said report should be formally adopted by the meeting.
  3. The Annual Accounts Statement with regard to financial status of the Society, should be presented by the Treasurer and get the approval by the meeting.
  4. The Secretaries of 04 Committees should present the relevant reports of committee activities during the year.
  5. In addition, take for discussions the special suggestions forwarded to the Secretary 07 days in advance and obtain approval for respective suggestions.
  6. Thereafter new board to be elected by the membership for the coming year.
2. Special General Meeting: A request could be forwarded with signatures of 10 members, to the Chairman, to call a Special General Meeting of the Society, in order to draw attention towards urgent situations emerged. In case, said request has been approved at the following Executive Council only, within 10 days from the date of approval, the Chairman should call the relevant Special General Meeting.

1. Executive Council Meetings: Executive Council Meeting should be called once in every month.
  1. The Secretary to present the report relevant to last month and get the approval of the meeting.
  2. The Treasurer to present the Budget relevant to last month and get the approval of the meeting.
  3. Presentation of Committee Reports.
  4. Discussions regarding letters and recommendations made to the Executive Council.
  5. Filling vacancies in the Executive council of the Society.

1. Special Meetings of the Executive Council: The Chairman can call Special Meetings of the Executive Council on account of urgent situations emerged.

Inspection of Past Meetings Minutes: The Membership has the right to inspect the minutes concerning Past General Meeting and Executive Council Meeting, after intimations to the Secretary 07 days in advance.

Audit:

All financial transactions have to be formally carried out by a recognized Institution of Chartered Accountants, approved at the General Meeting. The Reports of Annual Accounts certified by said Audit Company should be presented to the General Meeting and the Department of Social Services.

Quorum and Notification for Meeting:

The Quorum for the Meeting of the Board of Trustees should be 05 Members.
The Quorum for a General Meeting or Special General Meeting should be 15 Members.
The Quorum for a monthly Executive Council Meeting should be 07 Members.
The Notification concerning to hold a General Meeting should be carried out by the Secretary 14 days ahead.
The Notification concerning to hold a Executive Council Meeting should be carried out by the Secretary, 07 days ahead.

Amendments to the Constitution:

Amendments can be made to the existing Constitution upon approval of a Special General Meeting or Annual General Meeting. Proposals for the amendments should be notified to the membership 14 days ahead. Amendments of Laws, Procedures and Regulations already approved by the Executive Council under the Constitution, could be made at a Executive Council Meeting with simple majority of votes cast. Said Amendments should be notified to the membership by the Secretary, in writing 14 days ahead.
The responsibility of enacting new laws procedures and regulations appropriately, required to maintain activities of the Society under the Constitution, is vested with the Executive Council.

Rules and Regulations of the Government:

The Society is bound to follow Rules & Regulations ratified by the Government, Ministry of Social Services, and Provincial Council, in the process of executing its tasks and activities. The Constitution and laws had in force up to 07th July 2013 become null and void with the formal approval of this Amended Constitution and Laws, at the General Meeting held on 07th July 2013. The New Amended Constitution and Laws shall be in force onward, as the lawful Constitution and Laws of Kandy Friend-In Need Society. The Amendments made to the Constitution at the General Meeting 176, held on 21st December 2014 shall be in force effective 21.12.2014. Further, the Amendments made to the Constitution at the General Meeting 181, held on 07th April, 2019 shall be in force effective 07.04.2019. *In the event of any inconsistency between the Sinhala and English texts of this Constitution the Sinhala texts shall prevail.

Dr. H.B. Jayasinghe

Honorary President

07th April 2019

Mr. S.M.M.G.Abeyratne

Honorary Secretary