THE CONSTITUTION (AS REVIEWED BY LAW FIRM)
ARTICLE 1: NAME, MOTTO, SLOGAN, LOGO & OFFICE
(1). The Association shall be known and called Ghana Hotels Association, hereinafter referred to as the “Association” or the “GHA”
(2). The motto of the association shall be “at your service” and the slogan shall be “service with a smile”
(3). The logo of the Association shall bear the name of the Association, year of establishment, the motto of the Association, a hotel building and a male waiter with a glass on a tray
(4). The Head Office of the Association shall be in the city of Accra.
ARTICLE 2: AIMS AND OBJECTIVES
(1). The aims and objectives of the Association shall be to:
(a). Ensure the practice of professional ethics among its members.
(b). Provide technical advice, information, assistance or consultancy services to members of the Association.
(c). Enhance the dignity of the Hotel Industry in Ghana
(d). Promote and maintain high standards in all aspects of the Hotel industry in Ghana.
(e). Facilitate the exchange of information and ideas among members on matters of general interest affecting the industry.
(f). Offer sound professional advice, co-operate and arrange with statutory or other bodies on any matters that may contribute towards the attainment of higher standards in the Hotel Industry, and for the furtherance of the aims and objectives of the Association.
(g). Assist in all matters relating to education and training of personnel at all levels and branches of the Hotel Industry.
(h). Acquire land or any other landed property for use by the Association for any purpose agreed upon by the National Executive Council
(i). Hold, promote and organize conferences, meetings, exhibitions, professional demonstrations, reading of papers, courses and lectures connected with the objectives of the Association.
(j). Issue statements and circulate professional periodicals among its members and publish magazines relevant to the hotel industry.
(k). Contribute in any manner possible towards the improvement and advancement of tourism in Ghana and other states in Africa particularly within the context of the Economic Community of West African States (ECOWAS) and the African Union (AU).
(l). Offer grants, give prizes and awards as may be determined from time to time to members and non-members for excellent achievement in the field of the Hotel Industry.
(m). Establish affiliations with like-minded Associations outside Ghana.
(n). Raise or borrow funds to advance the aims and objectives of the Association and secure the repayment thereof on such terms as may seem expedient.
(o). Undertake projects like farming, transport services, building, import and export trade and such other enterprises as shall promote the aim and objectives of the Association and the Hotel Industry.
(p). Enter into such arrangements that advance the Association’s objectives with any official organizations or authorities, local or foreign or otherwise to obtain from any such organizations or authorities any rights, privileges, concessions, etc. which the Association deem desirable and in the best interest of members.
(q). Accept, invite and procure subscriptions, donations and grants and apply all and any funds received for the establishment and support of the Association or the promotion of any of the objectives of the Association.
(r). Invest the funds of the Association not immediately required in such securities or in such manner as may from time to time be determined by the National Executive Council.
(s). Assist prospective proprietors or units to attain recognition.
(t). Do all such other lawful things as are incidental or conducive to the attainment of any of the above objectives.
(u). The available resources of the Association shall be applied solely towards the promotion of the objectives of the Association as set out in this Constitution.
(v). The aims and objectives of the Association shall not be pursued for the personal gains of any member and that no part of the Assets of the Association shall inure to the benefit of any office holder or member PROVIDED THAT where special duties are assigned to a member or an officer, a reasonable remuneration or allowance or other facilities may be allowed by the National Executive Council.
ARTICLE 3: MEMBERSHIP
(1). Membership shall be open to all Hotels, Inns, Home Lodges, Guest Houses or other accommodation establishment.
(2). Members of GHA shall be represented by their Managing Proprietors, Managing Directors or Accredited Representatives.
(3). Qualified Prospective members shall first be admitted by their respective Regional Branches before being enrolled at the National level upon payment of prescribed Registration Fees to the Regional Branch. Such Registration Fees received at the Regional Branch shall be paid in full to the GHA National Office.
(4). A form (as in Schedule 1) shall be completed by the applicant and the Association’s Receipt and Membership Certificate duly signed by the National President and the Regional Chairperson shall be conclusive evidence of membership status.
(5). A Membership Identity Card signed by the President and renewable every two years subject to payment of the required fees, shall be issued by the GHA National Secretariat to members.
ARTICLE 4: CESSATION OF MEMBERSHIP
(1). Any member shall cease to be a member of the Association by death or resignation or expulsion or other incident or conduct by a member that brings the Association and its membership into disrepute.
(2). Any member may resign upon the expiration on one (1) month’s notice in writing to the Regional Secretary, however any subscription, charges, fees which may have fallen due shall remain as debt to be paid.
(3). A member shall be liable for expulsion from the Association if he/she misconducts himself/herself in a manner not consistent with the spirit and letter of the Constitution and or undermines the attainment of any of the aims and objectives of the Association.
(4). No member shall be expelled or dismissed from the Association unless s/he has been given an opportunity of being heard before a National Executive Council (NEC) or any other body appointed in accordance with this Constitution and its recommendations have been duly confirmed by the National Executive Council and communicated to the member affected at within 7 working days after that decision is made.
(5). Any member so expelled may within thirty (30) wording days, shall have the right to appeal against his or her expulsion to the President’s Advisory Council (PAC) of the Association.
(5.1) PAC shall hear the appeal from the decision of NEC to uphold or reverse that decision by NEC against any member and PAC shall communicate its ruling to any appellant not later than 14 working days after it concludes hearing of the appeal.
(5.2) Any member dissatisfied with the ruling of PAC on any appeal shall
(6). The expulsion of a member shall be effective until
(7). A member shall ipso facto cease to be a member of the Association if the Hotel or Accommodation Enterprise for any reason other than suspension, cease to operate or exist.
(8). A member shall cease to be a member of the Association if he/she neglects to pay his/he subscriptions for one (1) calendar year, or if he/she persistently neglects or refuses to pay any other fees and or subscription, which may be due from him/her to the Association.
(9). On the death of a member, the accredited successor of the deceased shall automatically become a member.
(10). Any misconduct by a representative of a member contrary to the tenets of the Association may subject to clause (4) be expelled or removed from the membership of the Association upon information or complaint signed by four (4) members of the Association in a Regional Branch including at least two(2) Regional Executive members.
ARTICLE 5: GOVERNANCE STRUCTURE
(1) The structure of the Association shall comprise:
– President’s Advisory Council
– National Executive Council
– Working Committees
– National Officers
– National Secretariat
– Regional Branches
(a). It shall be the Governing Body of the Association and its decisions shall be final.
(b). It shall be convened by the President in consultation with the National Executive Council
(c). It shall be held biennially in Accra or other venues as may be determined by the National Executive Council.
(d). Congress shall be composed of all Past Presidents, National Officers, and ten (10) delegates from each Regional Branch.
(e). The ten (10) delegates from each Region shall include the Regional Chairperson and the Regional Secretary.
(f). The quorum at Congress shall be two-thirds (2/3) of its constitutional composition as provided in Article 5 Clause (2d)
(g). Agenda for Congress shall be tabled by the President for discussion and approval at National Executive Council Meeting and shall be circulated to Regional Branches at least thirty (30) clear days before Congress.
(h). Regions with up to Ten (10) members or more in good standing but cannot raise the ten delegates, may in writing appoint any of the number of delegates raised, as proxies to vote on their behalves to make up the shortfall of the ten delegates. Such request must reach the National Secretariat ten (10) working days before the Congress
(i). The President shall preside at Congress
(j). Congress shall consider and ratify annual Reports and Financial Statements of the Association, and any other Reports from Working Committees.
(k). Where the President fails without reasonable cause to convene Congress, two-thirds (2/3) majority of the Regional Chairpersons in consultation with the Trustees coming together can convene Congress.
(l). A Special Congress may be called by a minimum of four (4) Regional Chairpersons in consultation with the Trustees, by giving members not less than twenty-one (21) days’ notice with an Agenda to the Secretariat to that effect.
(m). Congress shall be funded by contributions from the Host Region, Regional Branches and the National Office in a ratio of 15%, 70% and 15% respectively.
(n). A Congress Budget submitted by the Host Region shall be discussed and approved at the 4th National Executive Council Meeting of the year preceding Congress
(3) National Executive Council
(a). It shall be the Representative Body of the Association.
(b). It shall have all such powers as may be necessary to enable it carry out the aims and objectives of the Association.
(c). It shall be composed of the following:
(i). The President as Chairman
(ii). First Vice President (Finance and Administration)
(iii). Second Vice President (Operations)
(iv). National Secretary
(v). Assistant National Secretary
(vi). National Treasurer
(vii). National Financial Secretary
(viii). Four (4) Trustees
(ix). All Regional Chairpersons
(x). All Regional Secretaries
(xi). Past Presidents of the Association
(d). It shall in particular have the powers to:
(i). Make, vary and/or rescind regulation for the proper management and administration of the Association.
(ii). Enter into contracts and agreements on behalf of the Association.
(iii). Employ the services of accountants, attorneys, agents or such professionals or other assistance as they may consider necessary and to pay such fees, charges and expenses so incurred,
(iv). Exchange, sell, lease or otherwise deal with the assets of the Association,
(v). nt shall preside at the Annual Invest or reinvest assets of the Association in such shares, securities, or other investments as the Council may deem fit,
(vi). Borrow funds at such rate of interest or other consideration and upon such terms and conditions as it deems reasonable.
(vii). Appropriate and utilize the capital and income of the Association for all such purposes which shall be deemed necessary and expedient in the interest of the Association for the management and administration of the Association.
(viii). National Executive Council may at its discretion delegate specific responsibilities as detailed above to appointed Working Committees that may be set up.
(ix). It shall solely apply the property of the Association towards the promotion of the goals and objectives of the Association as set forth herein and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise to any member.
(e). Meetings of NEC
(i). The National Executive Council shall meet four (4) times in a year and quorum at such meetings shall be no less than two-thirds (2/3) of its members.
(ii). Emergency meetings of the National Executive Council may also be called by the President, and at least seven (7) days’ notice shall be given, including the agenda for the meeting.
(iii) Funding of National Executive Council shall be determined and reviewed by members of the Council as and when necessary.
(4). National Officers
(a) National Officers shall comprise of members of the Association elected at Congress as follows: President; 1st Vice President (Finance and Administration); 2nd Vice President (Operations); National Secretary; Assistant National Secretary; National Treasurer; National Financial Secretary; and Four (4) Trustees
(b) The functions and powers of the President shall be as follows:
(i). The President shall convene and preside over Congress as well as meetings of the National Executive Council and National Officers. He shall have a casting vote at meetings.
(ii). The President shall present the Association’s Annual Reports to NEC and a biennial report at the Congress.
(iii). He shall be the first signatory to all cheques of the Association.
(iv). The President shall confer with National Officers in matters affecting the Association and lead delegations as the chief spokesperson.
(v). The President shall be guided by the decisions of the National Executive Council in all deliberations.
(vi). In the event of the President vacating his post or being incapacitated and unable to discharge his functions as prescribed in Article 5(4) (b i-v) of the Constitution, the First Vice President shall automatically assume the duties as the acting President during the intervening period until elections are held to elect a substantive President.
(c) The functions and powers of the First Vice President (Finance and Administration) are:
(i) Shall deputize for the President;
(ii) Shall exercise supervisory role over the Treasurer and Financial Secretary;
(iii) Shall exercise oversight responsibility over activities at the National Secretariat to ensure effective and efficient operation of the Secretariat”
(iv) Shall ensure that the Association is compliant with statutory bodies such as Register General’s Department, Ghana Revenue Authority, Accra Metropolitan Assembly, Data Protection Commission and the Secretariat’s Landlord”
(d) The functions and powers of the Second Vice President (Operations) are:
(i) Shall assist the President and shall be in charge of operations;
(ii) Shall have an oversight responsibility for Regional Branch growth and development;
(iii) Shall co-ordinate the activities of the Regional Branches and shall be responsible for members’ better understanding and appreciation of the importance of the hospitality industry in the economic set-up of the country with particular reference to the promotion of tourism.
(iv) Shall coordinate and supervise preparations towards National Officers Meetings, National Executive Council Meetings and Congress inliaison with the National Secretariat
(e) The functions and powers of the National Secretary are as follows:
(i). The National Secretary shall act as head of the National Secretariat and oversee the administration of the National Secretariat as directed by the President.
(ii) Shall summon meetings of National Officers, National Executive Council and Congress upon directives of the President.
(iii) Shall record minutes of National Officers Meeting, National Executive Council Meeting and Congress and circulate same upon approval by the President.
(iv) Shall be an alternate signatory to all cheques of the Association.
(v). Shall be responsible for the Public Relations of the Association and to further encourage and foster good cordial relations between the Association and all other Agencies connected with Tourism as well the general public in consultation with the President.
(vi). Shall be responsible for collection and dissemination of information of value to the Association and exchange ideas and experiences in all aspects of the hotel industry.
(vii) Shall edit and publish a House Magazine subject to allocated funds for such purpose.
(f) The functions and powers of the Assistant National Secretary are as follows:
(i) Shall assist and deputize for the National Secretary during his/her absence and perform other administrative duties, as may be assigned by the National Executive Council from time to time.
(g) The functions and powers of the National Treasurer shall be as follows:
(i) Shall be responsible for the effective running of the Association’s treasury
(ii). Shall prepare quarterly and annual financial statements and submit same to the National Executive Council.
(iii). Shall keep the cheque book of the Association and be an alternate signatory to all Cheques.
(iv). Shall perform any other functions, which may be assigned by the President or the First Vice President.
(h). The functions and powers of the National Financial Secretary are:
(i) Shall receive, record, and deposit all funds received by the Association in the Association’s bank account.
(ii) Shall reconcile the financial records quarterly against the records of the treasurer and investigate discrepancies if there are any
(iii) Shall assist to ensure that the financial records of the Association are complete and in good order for annual audit purpose.
(iv) Shall perform any other functions, which may be assigned to him by the President from time to time.
(v) Shall have the mandate to prepare annual budget for the ensuing year and present same to the National Executive Council for approval.
(i) There shall be four (4) Trustees, elected at Congress.
(ii) Their powers shall be governed by the Trustees Incorporation Act, 1962 Act 106 .
(iii) Each Trustee shall exercise supervisory role over two or more Regional Branches as assigned by the President
(5) Election of National Officers
(a) Election of National Officers shall be organized every four years at Congress
(b) A member of the Association shall be eligible to contest any of the National Office positions provided his/her hotel has been a member in good standing with the Association for a minimum of five (5) consecutive years and is nominated by his/her Regional Branch.
(c) Nominations for election of National Officers shall be vested in the Regional Branches. A person seeking for election to any of the offices of the National Executive Council shall be nominated by their Regional Branch.
(d) Regional Branches shall submit on a prescribed Nomination Form one name each for each elective national office position to the National Secretariat at least one (1) month to election date.
(e) A candidate may be nominated in absentia provided he/she consents to the nomination in writing and the letter is submitted together with the Nomination Form by the Regional Branch.
(f) An Electoral Committee composed of at least three (3) Regional Chairpersons or their Representatives shall be charged with the responsibility for vetting, collating and submitting the final nominations of the candidates for election as National Officers of the Association.
(g) Election of National Officers shall be under the supervision of an independent Returning Officer from a Governmental Agency e.g. National Electoral Commission.
(h) Where at the close of the nomination no candidate is presented by the Electoral Committee, the Returning Officer shall have the authority to invite names of members for the vacant position to be contested for during the Election Day, provided the invited members meet the criteria for election.
(i) Where the nomination of a candidate is declared unopposed, the Returning Officer shall pronounce the candidate as duly elected.
(j). Voting to elect all National Officers shall be by simple majority of the members of the Association at a General Conference. Each member shall have one vote and voting shall be by secret ballot.
(6) Tenure of National Officers
(a) All national officers shall hold office for four(4) years and shall be eligible for re-election for another four-year term of office”
(b) All the National Officers, with the exception of the President, shall be eligible for re-election for third-term or more.
(7) Filing of Vacant Positions for National Officers
(a). A national Office Position shall be declared vacant when the incumbent resigns, is indisposed, is dismissed or dies.
(b). The National Executive Council shall appoint an officer in an acting capacity and schedule a Special Congress within six(6) months (whichever comes earlier) to conduct a bye-election to fill the vacancy.
(8) Swearing-in and Handing-Over
(a) All Elected Officers shall be sworn into office at the next National Executive Council meeting following their elections. The swearing-in shall be done by the most senior past President of the Association. In his/her absence other former Presidents or former Trustees shall conduct the swearing as decided by members of the National Executive Council
(b) Handing-over notes shall be prepared by an outgoing President and discussed at a meeting with both incoming and outgoing National Officers.
(c) The outgoing President shall officially present the handing over notes to the incoming President during the swearing–in ceremony.
(9) National Officers shall meet at least a month prior to National Executive Council Meetings and such meetings shall be chaired by the President, or in his absence, the 1st or 2nd Vice President, respectively.
(10) Removal of National Officer from Office
(a) Any National Officer may be removed from office upon written information or complaint signed by ten (10) members representing three (3) Regional Branches stating among other things the following offences:
(i) That the officer is misusing his office to gain benefits for himself, stating clearly examples of his conduct.
(ii) That the officer has given false information about the Association or about another officer resulting in the loss of the confidence in the Association.
(iii) That the officer has diverted or caused to be diverted funds or other resources intended for the Association.
(iv) That he/she has embezzled funds belonging to the Association.
(v) That he/she has conducted him/herself in a manner that shall bring the Association into disrepute.
(11) National Secretariat
(a) There shall be established a National Secretariat of the Association, which shall be located in Accra.
(b) The National Secretary shall exercise oversight responsibility over the National Secretariat in consultation with the President
(c) The National Secretariat shall be manned by an Administrative Officer supported by an Office Clerk
(d) The Administrative Officer and Office Clerk shall be appointed by the President in consultation with National Officers
(e) The minimum qualification of the Administrative Officer shall be a first degree, preferably in the humanities.
(f) The Administrative Officer’s appointment letter shall outline his/her job description, general responsibilities and emoluments.
(g) Functional supervision (supervision related to the task requirements of the job, such as what work to be performed, how it is to be done, and when it is to be performed) of the Administrative Officer and Office Clerk shall be the responsibility of the National Secretary whilst administrative supervision (efficient and effective delivery of work) shall be the responsibility of the President.
(12) Regional Branches
(a) Shall be responsible for the regional (local) administration and organization of the Association.
(b) Shall be the organizational force of the Association in the Region.
(c) Shall meet at least quarterly and shall at all times comply with the Constitution and Bye-Laws of the Association.
(d) Shall ,where necessary, make Bye-Laws within the framework of the GHA Constitution.
(e) Shall hold elections in October every two years for Regional Branch Officers.
(f) The Regional Branch Officers shall include the following:-
(iv) Assistant Secretary
(v) Financial Secretary
(g) The tenure of office for Regional Branch Officers shall be two years
(h) All Regional Branch Officers, except Regional Chairpersons, shall be eligible for re-election so long as they wish to contest.
(i) Regional Chairman who has served for two (2) consecutive terms shall not be eligible for re-election for a third term.
(j) A member who has served as Regional Chairperson for two (2) consecutive terms shall be eligible as Patron of the Regional Branch.
(k) The Regional Chairman shall preside over all meetings in the Region.
(l) The Chairperson and Secretary shall be automatic members of the National Executive Council.
(m) The functions and operations of the Regional Branches shall be guided by this constitution
(n) The Regional Branch may operate any business in conformity with local aspirations and shall use the benefits to further the aims and objectives of the Association.
(o) The Regional Branches shall contribute a percentage of dues collected from members to the National Secretariat for the management and administration of the Association as decided by Congress.
(p) Regional Chairpersons and Secretaries attending National Executive Council meetings shall be sponsored by their Regional branch.
(q) Regional Branches shall be obliged to host a National Executive Council Meeting at least once during the tenure of any particular President.
(r) Meetings of Regional Branches shall include:
(i) Ordinary General Meeting: This is a meeting held by the general membership of the Regional Branches of the Association and is done on a regular basis. The Regional Branches shall hold such meetings at least quarterly. Notice of Ordinary General Meetings shall be served to all paid-up members at least fifteen (15) working days to the holding of the meeting. The notice shall specify the agenda of the meeting as well as the venue, day and the hour of the meeting. Two-thirds (1/3) of members in good standing shall form a quorum at Ordinary General Meeting.
(ii) Special General Meeting: Special General Meetings shall be called when a special resolution has to be passed urgently. The Special Resolution shall be passed by two-thirds (2/3) majority of paid-up members present and voting at the meeting. Special General Meetings shall be called by a Special Resolution and at least 10 working days in writing. Such Notice must include the Special Resolution having been duly signed by the proponent of such Resolution and authenticated by the names of those who supported the motion for the Resolution. The accidental omission to give notice of the meeting, or the non-receipt of a notice of meeting by any member entitled to receive the notice shall not invalidate the proceedings of the meeting.
(13) Working Committees
(a) The National Executive Council may establish Working Committees to handle specific matters affecting the Association.
(b) The Chairperson and members of the Working Committees shall be appointed by the National Executive Council.
(c) The Working Committees shall make recommendations to the National Executive Council on matters referred to them for approval or otherwise.
(14) President’s Advisory Council
(a) There shall be a President’s Advisory Council. This council shall be Past Presidents who have successfully served two (2) term in office.
(b) National President’s Advisory Council Member may be removed from office upon recommendation by the National Executive Council to Congress, when it is proved that his/her conduct is inconsistent with the interest of the Association.
(c) In the event of crisis, the President’s Advisory Council in consultation with Regional Chairpersons may convene a special Congress and shall sit and conduct such meetings in a manner to end the crisis and restore normalcy.
ARTICLE 6: FUNDING AND FINANCE
(1) The Association shall be funded through the following sources:
(a). Mandatory Membership Registration fees as determined by National Executive Council.
(b). National Officers shall propose Annual Subscription or dues for recommendation by the National Executive Council and approval by Congress.
(d). Special Levies on members for specific projects to be undertaken by the Association and the determination of such levies shall be subject to a two-thirds (2/3) majority vote of National Executive Council Members.
(2). The Association shall have Bank Accounts in registered Banks in Ghana to be agreed upon by the National Executive Council and all funds realized from the Association’s sources of funds shall be paid into the Accounts.
(3). All Cheques of the Association shall be signed by the President and any of the officers below:-
(a). National Secretary
(b). National Treasurer
(4) cretaryAny change in Signatories of the Cheque of the Association shall be by a resolution of a simple majority of the National Executive Council.
(5). The Accounting year of the Association shall be January 1, to December 31, each year.
(6). Statement of Accounts must be obtained from the banks quarterly, for presentation to the National Executive Council Meeting.
ARTICLE 7: FEES, DUES & SUBSCRIPTIONS
(1). There shall be payment by each new member, the required Registration Fee before attaining membership status.
(2). Each member shall pay an annual subscription (dues) and the payment shall be due from January first (1st ) of every year.
(3). Any review of the Registration Fees and the Annual Subscription shall be recommended by the National Executive Council and approved at Congress.
(4). The Regional Branches shall pay a proportion of all annual subscription fees received from members to the National Secretariat as agreed by Congress. Any review of the proportion to be paid at any period of time shall be recomended by the National Executive Council and approved at Congress.
(5). Contributions for special projects shall be approved by the National Executive Council and levied on members from time to time. Such levies shall be paid within a stipulated period.
(6). Annual subscription shall be due from the 1st day of January each year and must be paid in full by the last working day of April of same year. A member is deemed to be in arrears if his/her annual subscription is not paid in full by the last working day of April of the same year.
(7). A member whose subscription is in arrears cannot vote, and all privileges of membership shall be forfeited..
(8). Fees and Dues are subject to review by the National Executive Council of the Association from time to time and subject to approval at Congress.
ARTICLE 8: AUDIT AND AUDITORS
(1). There shall be appointed a competent Ghanaian Firm of Accountants as the Auditors of the Association upon the recommendation of the National Executive Council.
(2). The Auditors so appointed shall duly audit the Accounts of the Association annually and submit its report and make appropriate recommendation to the National Executive Council.
ARTICLE 9: MISCONDUCT
(1). A member of the Association shall be considered to have misconducted himself/herself if:
(a) He/she willfully contravenes any of the provisions of this Constitution:
(b) He/she does any act or omits to do any act, which may tarnish the image and reputation of the Association.
(2) A member who shall be found guilty of misconduct by a Committee of the Association may be sanctioned by:
(b). Imposition of a fine
(3). There shall be appointed a Committee, which shall investigate and adjudicate on all disciplinary matters referred to it by the National Executive Council. The committee members shall be appointed from the NEC membership by the President.
(4). Any person who is aggrieved by any decision of the Committee so appointed may appeal to President’s Advisory Council of the Association and further appeal to Congress whose decision on the matter shall be final.
ARTICLE 10: PROPERTY OF THE ASSOCIATION
(1). The Association shall have the power to acquire by lease or assignment or any lawful means, any movable or immovable property and likewise have power to sell, let, mortgage, donate, or otherwise deal with or dispose of same for profit or otherwise.
(2). No member of the Association shall have any right, title or interest in the property of the Association.
(3). Should there be any just debts remaining unpaid upon the dissolution of the Association, all members shall be held responsible on a pro rata basis.
(4). On dissolution of the Association its assets shall be realized by a liquidator appointed by the National Executive Council or the High Court as the case may be, and the proceeds, if any, shall be distributed amongst members of the Association on pro rata basis subject to payment of any just debt owed by the Association.
ARTICLE 11: SEAL OF THE ASSOCIATION
(1). The Association shall have a Common Seal with the name of the Association. The Association shall also have a Logo and a Flag to be determined by the National Executive Council.
(2). All agreements and any other legal documents to which the Association shall be a party shall be authenticated by the Seal of the Association.
(3). The Association shall maintain a Retainer Lawyer, who shall advise and represent the Association on all legal matters affecting the Association.
ARTICLE 12: AMENDMENT OF THE CONSTITUTION
(1). The provision of this Constitution may be amended, added to or altered by two-thirds (2/3) majority of members voting at Congress provided that:-
(a). Not less than twenty-one (21) days’ notice in writing has been given by the proposers, specifying the amendment being proposed.
(b). The proposed amendment should have been approved in writing by the Regional Branch to which the proposer belongs.
(c) The President, acting on behalf of the Association may also initiate amendment of the Constitution through the setting up of a Committee for such purpose.
(d) The Constitutional review may be triggered once every ten (10) years by the National Executive Council to conform with the General development and outlook of the Association. This shall be placed before Congress for approval and adoption.
ARTICLE 13: DISSOLUTION
(1) The Association may be dissolved upon:-
(a). A resolution passed by two-thirds (2/3) majority of members present at a special meeting of the General Conference convened for such purpose.
(b). Application to a court of competent jurisdiction upon a resolution passed by the said special meeting.