| Part II: The Association |
|
| 2. |
Name |
|
The Association is named the ASSOCIATION OF CONSULTING ENGINEERS BOTSWANA. |
|
| 3. |
Administrative Offices |
|
The administrative offices of the Association shall be centred in Gaborone. |
|
| 4. |
Objects of the Association |
| 4.1 |
The objects of the Association are as follows: |
| 4.2 |
To promote the advancement of the profession of consulting engineering. |
| 4.3 |
To participate in the national and international affairs which affect the profession. |
| 4.4 |
To enhance the collective reputation and economic vitality of the Members of the Association. |
| 4.5 |
To provide Government, public bodies and others with facilities for conferring with and ascertaining the collective views of consulting engineers. |
| 4.6 |
To improve the quality of life for all by the promotion of superior engineering knowledge and skills and their application to projects with professionalism, integrity, independence of judgement and sympathetic consideration of the environment. |
| 4.7 |
To confer with associations representing manufacturers, contractors and other persons engaged in engineering works on matters of common interest. |
|
| 5. |
Powers of the Association |
| 5.1 |
In order to promote its objects the Association shall; |
| 5.2 |
Ascertain the collective views of Consulting Engineers and make these known to the legislature, public bodies and others. |
| 5.3 |
Seek representation on educational bodies in connection with the training of professional engineers. |
| 5.4 |
Confer with Associations representing other professions, manufacturers, contractors and persons engaged in engineering works on matters of common interest. |
| 5.5 |
Act as a medium through which the public can be informed of the standing, experience and qualifications of its Members, and if required advise the public and produce short lists on the suitability of various Firms of Consulting Engineers for specific projects, when requested to do so. |
| 5.6 |
Purchase, lease, hire or otherwise acquire any movable or immovable property or any rights or privileges which the Association may think necessary or convenient for its objects, and in particular any land, buildings or works, and construct, maintain and alter any buildings or works. |
| 5.7 |
Sell, let, mortgage, donate, dispose of or turn to account all or any of the property, rights or privileges of the Association. |
| 5.8 |
Undertake and execute any trusts which may lawfully be undertaken by the Association. |
| 5.9 |
Borrow or raise money on such terms and on such security as may be approved by a General Meeting of the Association. |
| 5.10 |
Invest the funds of the Association and lend or advance money to any persons or companies without security, or upon such security and terms and subject to such conditions as may be approved by the Council of the Association. |
| 5.11 |
Give any guarantee for the payment of any money or the performance of any contract or obligation by any company or person in such manner and on such terms as may be approved by the Council of the Association. |
| 5.12 |
Establish and support or aid in the establishment and support of any charitable or benevolent associations or institutions and subscribe or guarantee money for charitable or benevolent purposes. |
| 5.13 |
Draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange or other negotiable or transferable instruments. |
| 5.14 |
Take disciplinary action pursuant to Clause 30 hereinafter. |
| 5.15 |
Do any other things incidental or conducive to the attainment of the above objects or any of them. |
|
| 6. |
Income and Property |
| 6.1 |
The income and property of the Association shall be applied solely for the promotion of the objects of the Association and no part of it shall be paid or transferred to the Members of the Association except as: |
| 6.2 |
Reasonable and proper remuneration to any employee or servant of the Association, or |
| 6.3 |
Return for any service actually rendered to the Association, or |
| 6.4 |
Interest at a rate not exceeding the prevailing Bank of Botswana prime rate per annum on money lent, or |
| 6.5 |
Reasonable and proper rent for premises let to the Association, or |
| 6.6 |
Repayment of out-of-pocket expenses. |
|
| 7. |
Liability of Members |
| 7.1 |
The liability of members is limited to the subscriptions payable in terms of this Constitution. |
|
| 8. |
Dissolution |
| 8.1 |
If upon the winding up or dissolution of the Association there remains any property whatever after the satisfaction of all debts and liabilities, it shall not be paid to or distributed among the Members of the Association, but given or transferred to some other institution or institutions having objects similar to the objects of the Association, such institution or institutions to be determined by the Members of the Association at or before the time of dissolution, and if and so far as effect cannot be given to such provision, then to some charitable object. |
| 9.1 |
The Association shall hold its Annual General Meeting in each year between 1st February and 31st March at a venue appointed by the Council. |
| 9.2 |
All General Meetings, other than Annual General Meetings, shall be called Extraordinary General Meetings. |
| 9.3 |
The Council may convene an Extraordinary General Meeting whenever it sees fit. An extraordinary General Meeting shall also be convened by the Council within twenty-one days of the deposit at the administrative offices of the Association or deposit with the secretary of a requisition in writing signed by not less than ten Members in good standing stating the objects of such meeting. |
| 9.4 |
If the Council does not within twenty-one days from the date of the deposit of the requisition convene a meeting as required by Clause 9.3, the requisitionists, or any of them numbering not less than one half, may on twenty-one days notice themselves convene a meeting stating the objects thereof but no meeting so convened shall be held after the expiration of three months of the date of the deposit of the requisition. |
| 9.5 |
Any meeting convened by the requisitionists under Clause 9.4 shall be convened as nearly as possible in the same manner as that in which meetings are convened by the Council. |
| 9.6 |
Any reasonable expense incurred by the requisitionists because the Council fails duly to convene a meeting shall be repaid to them by the Association. |
| 9.7 |
At least ten days notice of every General Meeting (including the day on which the notice is served or posted and the day of the meeting) specifying the place, the day and the hour of the meeting and the general nature of any special business to be done, shall be given to all Members and others persons (including the Auditors) entitled to receive such notice from the Association; but with the consent of two-thirds of the Members entitled to receive notice, a meeting may be convened upon whatever notice those Members may think fit. |
| 9.8 |
The accidental omission to give notice of a meeting to, or the non-receipt of such notice by, any person entitled to receive notice shall not invalidate any resolution passed or proceeding taking place at a General Meeting. |
| 9.9 |
The following kinds of business shall be deemed to be special: |
| 9.9.1 |
All business transacted at an Extraordinary General Meeting. |
| 9.9.2 |
All business transacted at an Annual General Meeting with the exception of the consideration of the audited accounts, the reports of the Council and of the Auditors, the election of Members of the Council and the appointment of an Auditor or Auditors. |
|
| 10. |
Proceedings at General Meetings |
| 10.1 |
At every Annual General Meeting the Association shall: |
| 10.1.1 |
Declare the results of the election of Members of Council. |
| 10.1.2 |
Consider the audited accounts of the Association and any
reports laid before it by the Council.
|
| 10.1.3 |
Appoint an Auditor or Auditors. |
| 10.2 |
No business shall be transacted at a General Meeting unless a quorum is present when the meeting proceeds to business. Save as otherwise provided in this Constitution seven Members present in person shall be a quorum. |
| 10.3 |
If within half an hour from the time appointed for the holding of a General Meeting a quorum is not present the Meeting, if convened on the requisition of Members, shall be dissolved. The Secretary shall advise all members of an adjourned meetings by convenient means on the following working day.
In any other case it shall stand adjourned to the same day in the next week at the same time and place, or at such other place as the Chairman shall appoint and if at such adjourned meeting a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum. |
| 10.4 |
The Chairman of the Association shall preside as Chairman at every General Meeting but if there shall be no Chairman of the Association or if at any meeting he shall not be present within fifteen minutes of the time appointed for the meeting, or if he is unwilling to preside, the Vice-Chairman shall take his place, failing which the members present shall choose another Member of the Council, or (if no such Member be present of if each of the Members of the Council present declines to take the chair) a Member of the Association present to preside as Chairman. |
| 10.5 |
The Chairman of the meeting may, with the consent of any meeting at which a quorum is present (and shall, if so directed by the meeting) adjourn a meeting from time to time and from place to place but no business shall be transacted when the meeting is reconvened other than business set down for the original meeting. Whenever a meeting is adjourned for thirty days or ore, notice of the adjourned meeting shall be given in the same manner as for a new meeting, but otherwise Members shall not be entitled to any notice of adjournment or of the business to be transacted when the meeting is reconvened. |
| 10.6 |
At all General Meetings a resolution put to the vote of the meeting shall be decided on a shown of hands unless, before or upon the declaration of the result of the show of hands, a written poll is demanded by the Chairman of the meeting or by at least three Members present in person and entitled to vote; unless a poll be so demanded, a declaration by the Chairman of the Meeting that a resolution has been carried, or carried unanimously or by a particular majority, or lost, or not carried by a particular majority, and an entry to that effect in the Minute Book of the Association, shall be conclusive evidence of the vote without proof of the number or proportion of votes recorded in favour of or against that resolution. Any demand for a poll may be withdrawn. |
| 10.7 |
Subject to the provisions of Clause 10.8, if a poll be demanded, it shall be taken at such time and place and in such manner as the Chairman of the meeting shall direct and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded. |
| 10.8 |
No poll may be deemed on the election of a Chairman of a meeting or on any motion of adjournment. |
| 10.9 |
The demand for a poll shall not prevent the continuance of a meeting for the transaction of any business other than the motion on which a poll has been demanded. |
| 10.10 |
If there is an equality of votes, whether on a show of hands or on a poll, the Chairman of the meeting shall be entitled to a second or casting vote. |
| 10.11 |
Any member entitled to be present and vote at a General Meeting may submit any resolution to the meeting provided that at least seven days before the day appointed for the meeting he shall have served upon the Association a notice in writing signed by him containing the proposed resolution and stating his intention to propose it at the meeting. |
| 10. |
Upon receipt of the notice required by Clause 10.11 the Secretary shall circulate to all Members the terms of the rsolution and the name of the proposer. |
|
| 11. |
Votes of Members |
| 11.1 |
Each Member shall have one vote. Members may vote in person or in the case of a member by proxy; the proxy shall be appointed by the Member in writing. |
| 11.2 |
No person other than a Member's Representative of a Member duly registered who has paid every subscription and other sum due and payable to the Association in respect of his membership shall be entitled to be present or to vote at any General Meeting or to participate in any poll. |
|
| 12. |
Byelaws |
| 12. |
Byelaws to regulate the affairs of the Association, including Rules of Professional Conduct to regulate the behaviours of Members, may be proposed by the Council or any Member of the Association. They shall conform to the provisions of the Constitution and become effective immediately they are approved by the Council. Each Member of the Association shall receive a copy of the Byelaws after approval. The same procedure shall be followed to vary or rescind Byelaws. |
|
| 13. |
|
| 13.1 |
A notice may be served by the Association upon any Member either by hand or by facsimile transmission or by sending it through the post in a prepaid letter to the address appearing in register of members to be kept by the Secretary. |
| 13.2 |
Any notice served by post shall be deemed to have been served on the day it is posted and in proving such service it shall be sufficient to prove that the letter containing the notice was properly addressed and postage was prepaid. |
|
| 14. |
Accounts |
| 14.1 |
The Treasurer shall keep or see to the keeping of books of account and the preparation of Final Accounts annually. The books of account shall give a true and fair view of the Association's financial affairs and record: |
| 14.2 |
All money received and expended by the Association and the reason for each transaction. |
| 14.3 |
All sales and purchases. |
| 14.4 |
The assets and liabilities of the Association. |
| 14.5 |
All monies, cheques, bills and notes received by the Association shall be deposited in an account in the name of the Association with the Association's bankers. Unless, otherwise resolved by the Council, cheques on the Association's bankers shall be signed either by one Member of the Council and the Secretary or two Members of the Council. The Association's bankers shall be selected by the Council. |
| 14.6 |
The books of account shall be kept at the administrative office or whenever the Council shall think fit, shall always be open to inspection by Members of the Council and, subject to any restriction imposed by the Byelaws of the Association, to inspection by Members of the Association. |
| 14.7 |
Final Accounts, including an Income and Expenditure Account and a Balance Sheet for the last day of the Association's previous financial year, signed by the Chairman and Treasurer (or two Members of the Council) and the Auditor, shall be laid before the Annual General Meeting, at which the Treasurer shall present a financial report. The financial year shall end on 31 December. |
|
| 15. |
Audit |
| 15.1 |
Each year the Association's final accounts shall be examined and certified by the Auditors, who shall report upon them as they choose. |
| 15.2 |
Auditors shall be appointed at an Annual General Meeting, and they shall hold office until they resign or are removed at a General Meeting. Any casual vacancy occurring in the office of Auditor may be filled by the Council and any person so appointed shall continue in office until the Annual General meeting next after his appointment, but while any such vacancy continues the surviving and continuing Auditors may continue to act. |
| 15.3 |
The Auditors shall at all reasonable times have access to the books and accounts of the Association and they may in relation thereto examine the Members of the Council or other officers of the Association. |
|
| Part III: The Council |
|
| 16. |
Powers of the Council |
| 16.1 |
The affairs of the Association shall be managed by a Council which may exercise all the powers of the Association in conformity with the Constitution and Byelaws. |
| 16.2 |
The Council shall from time to time as is deemed necessary shall fix the remuneration of the Auditor or Auditors. |
| 16.3 |
No decision of the Association in general Meeting shall invalidate any prior act of the Council valid at the time of its performance. Any act of the Council or of any committee of the Council or of any person acting as a Member of the Council or of any person acting as a Member of the Council shall, notwithstanding it be afterwards discovered that there was some defect in the appointment or continuance in office of any such Member or person acting as aforesaid, or that they or any of them were disqualified, be as valid as if every such person had been duly appointed or had duly continued on office and was qualified to be a member of the Council. |
| 16.4 |
The Members of the Council may act notwithstanding any vacancy in their body: provided that if the Members of the Council shall at any time be less than four in number they shall act as the Council for the purpose of filling up vacancies in their body or of summoning a General Meeting, but not for any other purpose. |
|
| 17. |
Composition and election of the Council |
| 17.1 |
The Council shall consist of not less than five nor more than seven Members. No Member will be represented by more than one Member's representative on the Council. |
| 17.2 |
At a meeting prior to the Annual General Meeting the retiring Council shall elect one of their Members, other than retiring Chairman, to serve as Chairman for the next year, a second to serve as Vice-Chairman and a third, who shall be the retiring Chairman if available, to serve another year as a Member of the Council. All other Members of the Council shall retire at the Annual General Meeting but shall be eligible for re-election. |
| 17.3 |
Not less than twenty eight days before the Annual General Meeting in each year the Secretary shall send to each Member of the Association a list of members of the Council specifying the retiring Members and those appointed to continue in office for a further year in terms of Clause 17.2, together with a form of nomination for the vacancies to be filled in the ensuing year. |
| 17.4 |
Each member may nominate not more than four Members for election as Members of the Council and shall enter the nominations on the forms mentioned in the preceding Clause. The form shall be signed by the Members nominating and seconding each nomination and by the nominees, and delivered to the Secretary not less than twenty one days before the date of the Annual general Meeting at which the election of the Council is to be declared. |
| 17.5 |
The Secretary shall send to each Member of the Association a complete list of such nominations on ballot forms giving names and business addresses of nominees at least ten days before the date of the Annual General Meeting at which the result of the election is to be declared. Each Member may mark on each such ballot paper a cross against the names of each person for whom he wishes to vote but shall not vote for more persons that are required for a Council of seven. Ballot papers shall be returned to the Secretary not later than two days before the Annual general Meeting in a sealed envelope, enclosed within a second envelope, marked to identify the contents and signed by the voter. |
| 17.6 |
The Council shall appoint from amongst the Members of the Association not nominated for election, two Members to act as scrutineers who shall, prior to the Annual General meeting, open the ballot papers and count the votes and shall at the Annual General Meeting declare to be duly elected as Members of the Council such candidates as receive the most votes. In the event of an equality of votes the names of such candidates as have an equal number of votes shall be submitted to a vote of the Members present at the Annual General Meeting and the election shall be determined accordingly. |
| 17.7 |
Any ballot paper with more than the prescribed number of names marked, or received late, shall be declared a spoilt paper and not counted by the scrutineers. |
| 17.8 |
The Council may co-opt two additional Members if this is considered necessary to secure adequate representation of a particular geographical area or engineering discipline. |
| 17.9 |
Any vacancy which may arise in the Council shall be filled by the Council. |
|
| 18. |
Disqualification of Council Members |
| 18.1 |
A Member of the Council shall vacate his office if he: |
| 18.2 |
Ceases to be a Member of the Association, or |
| 18.3 |
Resigns his office by notice in writing to the Secretary of the Association, or |
| 18.4 |
Fails to attend three or more of any six consecutive meetings of the Council unless he has obtained from the Council leave of absence owing to illness or other sufficient reason, or |
| 18.5 |
Is removed from office by a resolution passed at a General Meeting. |
|
| 19. |
Proceedings of the Council |
| 19.1 |
Subject to the provisions of this Constitution, the Council may frame standing orders for the conduct of its business, including the determination of the place and time of meetings of the Council and for giving notice of Council Meetings. |
| 19.2 |
The first meeting of the Council shall be within one month of the Annual General Meeting. |
| 19.3 |
The quorum at meetings of the Council shall be four Members. |
| 19.4 |
Voting at Council meetings shall be by show of hands and every Member of the council shall have one vote; in the event of an equality of votes the Chairman of the meeting shall have an additional or casting vote. |
| 19.5 |
A member of the Council may, and on the request of a Member of the Council or any five Members of the Association the Secretary shall, at any time summon a meeting of the Council by notice served upon the several Members of the Council. The notice shall state the purpose of the meeting and be served at least fourteen days in advance. |
| 19.6 |
Notice of any Council meeting shall be deemed to have been duly served upon a member of the Council if sent through the post in a prepaid letter addressed to him at his address as it appears in the Register of Members of the Association. |
| 19.7 |
The Chairman of the Association shall preside as Chairman at every meeting of the Council but if there shall be no Chairman of the Association or if at any meeting the shall not be present with five minutes after the time appointed for holding the same or if he is unwilling to preside, the Vice-Chairman shall take his place, failing which the members of the Council present shall choose one of their number to be Chairman of the meeting. |
| 19.8 |
The Council shall cause proper minutes to be made of all appointments made by the Council and of the proceedings of all meetings of the Association, of the Council and of the committees of the Council and all business transacted at such meetings; any minutes of any meeting, if signed by the Chairman or such meeting, if signed by the Chairman of such meeting, or by the Chairman of the next succeeding meeting, shall be sufficient evidence of the proceedings without any further proof of the facts therein stated. |
| 19.9 |
A resolution in writing signed by a majority of the members of the Council or of any committee of the Council who are duly entitled to receive notice of a meeting of the Council or of such committee, shall be as valid and effectual as if it had been passed at a meeting of the Council or of such committee duly convened and constituted. |
| 19.10 |
The Council may at any time take a poll on any matters relating to the affairs of the Association in such form and manner as it may prescribe. |
|
| 20. |
Committees of the Council |
| 20.1 |
The Council may delegate any of its powers to any Committee of its members and any Committee so formed shall conform to any regulations imposed on it by the Council. The meetings and proceedings of any such committee shall, so far as applicable, be governed by the provisions of this Constitution for regulating the meetings and proceedings of the Council. The Council may also appoint committees composed of Members of the Council and other Members of the Association, with such powers as the Council may prescribe. |
|
| Part IV: Officers and Staff |
|
| 21. |
Secretary, Treasurer and Staff |
| 21.1 |
At its first meeting the Council shall appoint a Secretary and treasurer to hold office until the close of the first meeting of the Council following the next Annual General Meeting of the Association. One person may hold both appointments. If a Member of the Council is elected to either post, his position shall be Honorary. |
| 21.2 |
If a vacancy arises at any time in any of these offices it shall again be filled by appointment by the Council, and the person so appointed shall hold office until the close of the first meeting of the Council following the next Annual General Meeting of the Association. |
| 21.3 |
The Council may appoint and discharge staff and determine all conditions of their employment. |
|
| 22. |
Indemnity for Council Members, Officers and Servants |
| 22.1 |
Every Council Member, officer or servant of the Association shall be indemnified by the Association against, and it shall be the duty of the Council to pay out of the funds of the Association, all costs, losses and expenses which any such officer or servant may incur or become liable to by reason of any contract entered into or act or deed done by him in the proper discharge of his duties. |
| 22.2 |
No Council Member shall be liable for the acts, receipts, neglects or defaults of any other Council Member or officer or servant or for joining in any receipt or other act of conformity or for loss or expense happening to the Association through the insufficiency or deficiency of title to any property acquired by order of the Council for or on behalf of the Association, or for the insufficiency or deficiency of any security in or upon which any of the monies of the Association shall be invested, or for any loss or damage arising from the insolvency or tort of any person with whom the monies, securities of effects shall be deposited, or for any loss or damage occasioned by any error of judgement or oversight on his part, or for any other loss, damage or misfortune whatever which shall happen in the exercise of the duties of his office or in relation thereto, unless the same happen through his own dishonesty or negligence. |
|
| Part V: Membership |
|
| 23. |
Members |
| 23.1 |
An applicant for membership of the Association shall: |
| 23.1.1 |
Be a firm of Consulting Engineers as defined in Clause 1 "Definitions". |
| 23.1.2 |
Maintain an office and staff in Botswana. |
| 23.2 |
A member must be represented with the Association by either one or two members of staff from their Botswana office who qualify in terms of Clause 24, and who shall be designated as a "Member's Representative". |
| 23.3 |
Failure on the part of a Member to maintain its level of membership in terms of Clause 23.2 may at the discretion of the Council cause its membership to be terminated. |
| 24. |
Member's Representative |
| 24.1 |
A member's Representative shall: |
| 24.1.1 |
Be resident in Botswana. |
| 24.1.2 |
Be in practice as a Consulting Engineer either individually or as a Partner, Resident Representative or Consultant to a Firm of Consulting Engineers or as a Director of a company incorporated with limited liability under a Memorandum of association which restricts its activities to those permitted to a member of the Association. |
| 24.1.3 |
Be a Corporate Member of a professional institution approved by the Council, or a professionally registered engineer whose registration is approved by Council. |
| 24.1.4 |
Have been in practice as a Consulting Engineer for a period of not less than three years but the Council may reduce such period to one year for an Engineer who in the opinion of the Council, attained an eminent position in the engineering profession before taking up Consulting practice. |
| 24.2 |
No person shall be a Member's Representative if he shall: |
| 24.2.1 |
Be a Director, Employee, or Partner in, or agent for a Company or Firm carrying on any commercial contracting or manufacturing business dealing with the class of work to which his practice relates; or the holder in any such Company or Firm of shares or other financial interest either directly or indirectly likely to influence his exercise of independent professional judgement in matters upon which he advises; or |
| 24.2.2 |
Be a Director or Employee or agent for any Company Undertaking engineering insurance work; or |
| 24.2.3 |
Advertise or canvass for or be connected with or interested in any Company, Firm or person who advertises or canvasses for Consulting Engineer's work. |
| 24.3 |
No person shall be a Member's Representative unless, in the opinion of the Council, his standing and experience entitles him to practice as a Consulting Engineer.
|
|
| 25. |
Election of Members |
| 25.1 |
Every application for membership of the Association shall be made in writing on a form approved by the Council. On receipt of an application form the Secretary shall circulate it to Councillors and submit it to a meeting of the Council; if approved by the Council, the applicant shall be nominated for election. Notice of the nomination giving the name(s), address(es) and qualifications of the representative(s) of the applicant shall be sent to each Member of the Association, advising that any objection to the nomination must be lodged with the Secretary within two weeks of the date of the notice. |
| 25.2 |
If no Member of the Association objects to the nomination within the prescribed period the applicant shall be duly elected upon the payment of any fee or subscription due and the Secretary shall add his name to the Register of Members. If any Member objects to the nomination the Council shall invite whatever evidence it shall consider proper and decide whether to admit the applicant to membership or not. |
|
| 26. |
Reinstatement to Membership |
| 26.1 |
A Firm previously a Member in good standing may be reinstated with no formality except the approval of the Council. |
|
| 27. |
Designation of members |
| 27.1 |
Members may declare their membership by indicating this on their official stationery together with the Association logo and may display the Association logo on site and office sign boards. No other firms are permitted to so use this designation. |
| 27.2 |
Members shall use the abbreviation MACEB (with or without stops) and no other, to signify membership of the Association. |
|
| 28. |
Entrance Fees and Subscriptions |
| 28.1 |
Immediately upon election, every new Member shall pay his entrance fee and subscription for the current year and no election shall become effective until this is done. |
| 28.2 |
Entrance fees, subscriptions and due dates for payment, shall be fixed by the Council. |
| 28.3 |
Not less than two weeks before due date, a request for payment Shall be mailed to each Member by the Secretary. If any subscription remains unpaid for more than three months after due date, a reminder shall be mailed to the Member by the Secretary and, if full payment is not received within one month of that notice, the Council may order the removal of the Member's name from the Register of Members. |
|
| 29. |
Cessation of Membership |
| 29.1 |
A Member shall cease to be a Member of the Association: |
| 29.1.1 |
Upon giving the Association notice in writing that they resign, or |
| 29.1.2 |
If a sequestration order is made against them or they make any arrangement or composition with their creditors, or |
| 29.1.3 |
A Member's Chief Executive Officer becomes of unsound mind or is convicted of a criminal offence of a nature which the Council considers would or might react unfavourably upon the Association, or |
| 29.1.4 |
A Member's Chief Executive Officer ceases to be qualified or becomes disqualified, or |
| 29.1.5 |
If the council calls upon a Member to resign, or |
| 29.1.6 |
If a Member's name is removed from the Register of Members by order of the Council. |
| 29.2 |
A Member's Representative shall cease to be such: |
| 29.2.1 |
Upon his giving the Association notice in writing that he resigns, or |
| 29.2.2 |
If a sequestration order is made against him or he makes any arrangement or composition with his creditors, or |
| 29.2.3 |
If he becomes of unsound mind or if he is convicted of a criminal offence of a nature which the council considers would or might react unfavourably upon the Association, or |
| 29.2.4 |
If he shall cease to be qualified or becomes disqualified, or |
| 29.2.5 |
If the Council calls on him to resign. |
|
| 30. |
Disciplinary Action |
| 30.1 |
If in the opinion of the Council a Member has been guilty of a Breach of the Association's Rules of Professional Conduct or any other serious misconduct likely to bring the Engineering Profession into disrepute the Council may censure the member or impose on him a fine or suspend him from membership for a specified period or terminate his membership. |
| 30.2 |
If a Member fails to pay any fine imposed by the Council within thirty days of its imposition the Council may terminate his membership. |
| 30.3 |
Disciplinary action under Clause 30 shall be taken only by resolution of not less than two-thirds of the Members represent at a Council meeting duly convened. Thirty days written notice of the Council meeting (including details of the allegations against him) shall be given to the Member concerned, who shall be allowed to present to the Council, either in person or in writing, any explanation or defence he desires before the Council takes its resolution. |
| 30.4 |
The Council may direct that particulars of any disciplinary action taken against a Member, and of the reason for it, be communicated to any professional institution to which the Member belongs, and to the Members of the Members of the Association, in whatever terms it considers fit and any such communication shall for all purposes be deemed privileged. |
