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(Effective from the 12th of October 2005) 1. Name: This Union shall be called “THE DUTCH BURGHER UNION OF CEYLON”.
2. Objects: The objects of the Union shall be –
2.1. To promote the moral, intellectual and social well-being of the Dutch and Dutch Burgher descendants in Ceylon (Sri Lanka).
2.2. To inculcate in the minds of the youth of the Dutch Burgher Community principles of fellowship, self-help, self-reliance and thrift; to foster and encourage by financial aid, when necessary, talent and industry in those who are deserving and to relieve, by charitable help, distress and want among those of the Community who may be in destitute circumstances.
2.3. To revive and conserve some of the useful and beneficial customs of the Dutch and Dutch Burgher ancestors of its members.
2.4. To promote and foster a feeling of fellowship among all its members and to draw their families into closer association with each other.
2.5. To gather by degrees a library for the use of the Union composed of all obtainable books and papers relating to the Dutch period in Ceylon.
2.6. To cause to be prepared and read at its meetings, or printed and published, papers, essays etc. on questions relating to the history and origins of the Dutch and Dutch Burghers of Ceylon and to publish authenticated genealogies of Dutch Burgher families now in Ceylon.
2.7. To prepare and publish a memorial history of the Dutch and the Dutch Burghers in Ceylon descriptive of their social life and customs, their methods of administration, and the influence of these upon existing institutions in the Island.
2.9 To consider and discuss any other matters kindred to the above enumerated objects which may commend themselves to the Union.
3. Members: Any Dutch descendant of full age and of respectable standing in the Community shall be eligible as a Member of the Union. The term ”Dutch descendant” shall include the descendants in the male line of all those of European nationality who were in the service or under the rule of the Dutch East India Company in Ceylon, and the children of such descendants in the female line by marriage with Europeans.
4. Associate Members:
4.1. Applicants unable to furnish sufficient genealogical evidence to qualify under Rule 3, may at the entire discretion of the General Committee be admitted as “Associates”. They will not have voting rights.
5. Overseas Members:
Applicants residing permanently abroad who satisfy all the requirements set out in Rule 3 may at the entire discretion of the General Committee be admitted to membership of the Union under the classification of “Overseas Members” and shall be entitled to the rights and privileges of Members in Rule 3.
6. Overseas Associate Members:
Applicants residing permanently abroad who satisfy the requirements set out in Rule 4.1 may at the entire discretion of the General Committee be admitted to membership of the Union under the classification of “Overseas Associate members” and subject to the limitations imposed in Rules 4.1 and 4.2.
6A.1 The General Committee may at its entire discretion and not withstanding anything to the contrary in Rules 9.1 and 9.2, invite and admit as a Member of the Union any permanent resident of Sri Lanka who is a member of and of respectable standing in the Burgher Community, and who is interested in the Objects of the Union even if such a person is not a “Dutch Descendant” within the meaning of Rule 3. Such members shall be entitled to all the rights and privileges and shall be subject to all the duties and responsibilities of Members, and shall be eligible to be elected as a member of the General Committee but shall not be eligible for election to The Dutch Burgher Union Board as mentioned in Rule 8.11.
6A.2. For the purpose of this Rule, the term “Burgher” shall apply to all persons of European descent, born in Ceylon (Sri Lanka) and their descendants in the male or female lines, provided they are described on their birth certificates as “Burgher”. Their mother tongue must be English and they should be of a social and cultural background that is consistent with the ethos and culture of theUnion. 6A.3 The General Committee shall be solely competent to determine the application of the definition in Rule 6A.2 to any candidate for membership under this rule.
6B. Honorary Members:
The General Committee may at its entire discretion and not withstanding anything to the contrary in Rules 9.1 and 9.2, invite and admit as a member of the Union any permanent resident of Sri Lanka of respectable standing who is interested in any of the Objects of the Union, even if such a person is not a “Dutch descendant” within the meaning of Rule 3. Honorary Members shall have no voting rights and shall not be eligible for election as an officer or member of the General Committee of the Union, but shall be entitled to all other rights and privileges and shall be subject to all the duties and responsibilities of members. Honorary Members shall be exempt from annual subscriptions
6C. Temporary Honorary Members :
The General Committee may at its entire discretion and not withstanding anything to the contrary in Rules 9.1 and 9.2, invite and admit as a member of the Union, during any period of residence in Sri Lanka, any citizen or permanent resident of the Netherlands, who is interested in any of the Objects of the Union, even if such a person is not a “Dutch descendant” within the meaning of Rule 3. Temporary Members shall have no voting rights and shall not be eligible for election as an officer of the Union, but shall have such rights, privileges and obligations as the General Committee may determine. Temporary Honorary Members shall be exempt from annual subscriptions
6.D Temporary Members:
The General Committee may at its entire discretion and not withstanding anything to the contrary in Rules 9.1 and 9.2, invite and admit as a member of the Union, during any period of residence in Sri Lanka, any foreign citizen , who is interested in any of the Objects of the Union, even if such a person is not a “Dutch descendant” within the meaning of Rule 3. Temporary Members shall have no voting rights and shall not be eligible for election as an officer of the Union, but shall have such rights, privileges and obligations as the General Committee may determine.
6E. Honorary Life Members:
The General Committee may at its entire discretion confer Honorary Life Membership of the Union on any Member of the Dutch Burgher Community who has given outstanding service to the Community and / or the Union. Honorary Life Members shall continue to having voting rights.
7. Principal Officers and Committee Members:
7.1 A President, a Deputy President, a Secretary, a Treasurer (which four shall constitute the Principal Officers of the Union) shall be chosen by the vote of the majority of the Members present at each Annual General Meeting and they shall hold office until the next Annual General Meeting, at which they shall be eligible to be re-elected.
7.3A The three ex-officio Members shall have one specific function only , that being confined to the powers of sanction given to the General Committee over any transaction effected in respect of the shares held by the Union in the DBU Building Company Limited, and the land and buildings of St Nikolaas’ Home and all other immovable property owned by the Union, vide Rule 8.11.
7.4 Those elected as aforesaid may hold office for no more than four consecutive terms in the same office held by them. Any Member of the General Committee may seek election as a Principal Officer, if time qualified under Rule 7.5. However, all the above mentioned shall be eligible for election to the same office as earlier held by them after a break of one year.
7.5 Members seeking election as President will be eligible only if they have remained as Member of of the Union for four consecutive years, and other three Principal Officers if they have remained as Members of the Union for a period of three consecutive years. Members seeking election as Committee Members and ex-officio Committee Members, will be eligible only if they have remained as Members of the Union for one year and eight consecutive years respectively.
7.6 If the office of President shall fall vacant during a term of office, the Deputy President shall act in the office of President till the next Annual General Meeting.
8. Powers and Duties of Principal Officers, Committee members:
8.3. The Treasurer shall function in accordance with the directions of the Dutch Burgher Union Board and the terms and conditions of the Order referred to in Rule 8.11 and be responsible for the collection of all monies and for the defraying of all required expenditure therefrom. He shall also act in accordance with any decision of the General Committee in relation thereto. The Treasurer shall cause regular accounts to be kept which shall be available for examination by any Member . He shall submit at each Annual General Meeting a statement thereof duly audited by auditors appointed at the previous Annual General Meeting. He shall maintain an account or accounts at any bank, as approved by the General Committee, in the name of the Union and the two authorized signatories for any drawings therefrom shall be the Treasurer and the President or the Secretary. If at any given time, the Treasurer is not available due to reasons of being out of the island or ill-health, it shall be competent for the Deputy President to sign for any drawings during the absence of the Treasurer.
8.4 The General Committee shall have charge of the affairs of the Union.,subject to the provisions of Rules 8.3 and 8.11.
8.5. The General Committee shall have the power to appoint any two of its members to function as Assistant Secretary and Assistant Treasurer. These two members shall not be deemed to be Principal Officers and their function will be to assist the Secretary and Treasurer in the discharge of their respective assigned duties
8.6. The General Committee shall have the power to fill any vacancy for the un-expired period of office of any Member of the Committee other than the President ,subject to the provisions of Rule 7.5, and shall also have the power to co-opt to the Committee any member with the required knowledge, skills, experience or expertise, for any such period as the Committee deems is necessary .The number of co-opted members at any given time shall not exceed two and they shall have no vote.
8.7 The General Committee shall cause to be prepared annually a detailed statement of the financial condition of the Union, showing its receipts and expenditure for the current year, the number of members by category and other matters of general interest to the Union to be read at the Annual General Meeting.
8.8 The General Committee may from time to time make or repeal By-laws for the carrying out of the objects of the Union and the administration and discipline of its employees provided they are not inconsistent with the Rules herein contained.
8.9 The General Committee shall function as the Standing Committee for Finance and the Treasurer shall table a monthly report at the General Committee meeting pertaining to the Union’s financial transactions and financial position in that period.
8.10 Sub Committees:
8.10.1 The General Committee shall appoint from among all categories of members of the Union and their immediate families, the following Standing sub-Committees for the purposes pertaining to the objects of the Union:
8.10.1.1 St Nikolaas’ Home
8.10.3 Appointments to the sub-Committee for Genealogy, Archives and Journal shall be confined to Members only.
8.10.4. All sub-committee members too shall hold office until the next Annual General Meeting.
8.10.5 Each such sub-committee, appointed under Rule 8.10.and 8.10.1 above, the
Chairperson of which shall be a member of the General Committee, shall consist of not less
than three members and it shall report to the General Committee regarding the purpose for
which it was appointed, at such frequency as is determined by the General Committee.
8.11 The Dutch Burgher Union Board: In accordance with the terms and conditions of the Order made under Section 114 of the Trusts Ordinance No.9 of 1917,on 12th June 1937 and published in the Ceylon Government Gazette of 18th June 1937 which appears as Appendix “A”, the President, Secretary and Treasurer of the Union, constitute the Dutch Burgher Union Board which said Board and their successors for the time being, duly appointed under the Constitution of the Union are a body incorporate with perpetual succession under the name and style of “The Dutch Burgher Union Board”, and by that name and style receive, take hold and dispose of all descriptions of property , both movable and immovable, on behalf of the said Union, subject to the conditions specified in the Schedule to the said Order, and in particular the monies and property of the Union shall be vested in the “ Dutch Burgher Union Board” with full authority, subject to the sanction of the General Committee of the Union, to invest the same on such security as they may deem fit or otherwise utilize them for the purposes of the said Union.
8.12. No transaction may be effected by the Dutch Burgher Union Board in respect of (i) shares held by the Union in the DBU Building Co .Ltd. (ii) the land and buildings of St Nikolaas’ Home and (iii) any other immovable property owned by the Union, except with the prior approval of the General Committee at which two of the three ex-officio members are present.
8.13 The General Committee shall from time to time determine the quantum of payment sanctioned
by the Treasurer and any one of the other two members of the Dutch Burgher Union Board.
9.1 Candidates for admission as members must be proposed and seconded by members., at least one of whom shall be a Member of the General Committee. Every candidate for membership shall duly complete the relevant form for membership prescribed for that purpose by the General Committee in the By-Laws
9.2. The prescribed forms for membership duly filled in and bearing the signatures of the Candidate, the proposer and seconder shall be sent to the Secretary, who shall process them in the following manner:
9.2.1 Application forms submitted by candidates for Membership and Overseas Membership under Rule 3 shall be sent to the Genealogy and Archives sub-Committee and on being returned by the sub-Committee with its report, the names of the candidates shall be submitted to the Members of the General Committee at least seven days before they are balloted for, and these application forms shall be tabled at the meeting of the General Committee at which the ballot is due to be taken.
9.2.2 Application /Registration forms in respect of all other categories of membership shall be tabled at the meeting of the General Committee at which the ballot is due to be taken.
9.2.3 All categories of members shall be elected by ballot by the General Committee. Prior to balloting, candidates will normally be required to meet or be interviewed by the General Committee.
9.3. No candidate shall be elected unless he receives an affirmative vote of at least two-thirds of those present (or two thirds plus one vote if the number of members present is indivisible by three). The application of any candidate who has failed to secure a sufficient number of votes at a meeting of the General Committee may be submitted again at a subsequent meeting on the written requisition of three Members of that Committee.
9.5 The admission fee and the annual subscription fee which shall from time to time be determined by the General Committee shall entitle all categories of members, subject to the limitations ,exclusions and restrictive clauses in these Rules and the By Laws, to the privileges of the Union for himself, his spouse and his unmarried children excepting sons over 21 years of age. This is subject to the right of the General Committee to make rules from time to time with regard to the introduction of children into the Union premises.
9.6. The subscriptions shall be due on the first day of each year and be payable on or before the thirty first of January of that year. Any member whose subscription remains unpaid at that date shall be notified of this fact under registered cover by the Treasurer. If his subscription remains unpaid by the twenty eight day of February,his name shall be submitted by the Treasurer to the General Committee and the Committee may take such action as is necessary , including at its entire discretion, the removal of the name of such individual from the membership register. Such individual whose name is so removed, shall thereafter cease to be a member until such time as he may be restored to membership by fresh election,on payment of the prescribed fees and on such other terms and conditions the General Committee may deem proper. On a name being removed from the membership register , the member shall immediately be notified by registered post of the fact , and shall cease to be be entitled to the rights and privileges of being a member until his membership ,arrears , and any other charges as determined by the General Committee, are paid in full. Members who have not paid9.7. Eligibility for election.
9.7.1. Members qualifying under Rule 3 paying the prescribed rates, and who are not in arrears of subscriptions or any other dues on the first day of March of that year, shall alone be eligible for election as President, Deputy President, Secretary, Treasurer , Committee Members and ex-officio Committee Members, all being subject to Rule 7.9.7.2. Members qualifying under Rule 6A paying the prescribed rates, and who are not in arrears of subscriptions or any other dues on the first day of March of that year, shall alone be eligible for election as Committee Members and ex-officio Committee Members, all being subject to Rule 7.
9.8 In the event of the conduct of any member being likely,in the opinion of the General Committee, to endanger the welfare, interest or character of the Union or should there be a specific complaint of misbehaviour made by one member against another in writing, the General Committee shall, within a period of not more than 14 days be summoned by the Secretary to consider such matter.
9.8.1. The General Committee may, if it deems necessary and at its sole and absolute discretion, suspend such member immediately, pending final determination of the matter by the General Committee and direct the Secretary to inform the member concerned by registered post of the complaint against him and call for his written explanation within ten days of the date of the letter.
9.8.2 If, after fourteen days of the sending of the aforesaid letter, the member concerned fails to make an explanation or if his explanation is considered to be unsatisfactory or unacceptable, the General Committee shall appoint a Commission of Inquiry comprising not less than three members of the Union, the Chairman of which shall be a member of the General Committee or a Member who counts over eight years continuous membership in the Union, to investigate the matter and before whom the member concerned should be heard in defence if he so chooses. The Commission shall decide on its own agenda, apply the rules of “Best Evidence” and take all such steps as is necessary or expedient to record evidence from witnesses called by the member concerned and from those who are privy to the complaint or alleged offence . A report on the conclusion of the Commission of Inquiry shall be submitted to the General Committee within fourteen days of its appointment.
9.8.3 Within a period of thirty days from the date of receipt of the Report of the Commission of Inquiry, the General Committee, at least ten members of whom shall be present on that occasion, shall meet to consider the Report and thereafter by a vote of at least two-thirds of the members present (or two thirds plus one vote if the number of members present is in divisible by three) vote to take action to suspend or cancel the membership of any member for conduct on his part likely, in their opinion, to endanger the welfare, interests or character of the Union. In the event of suspension of membership, it shall not exceed twelve months from the date of the first suspension. by the General Committee. Such individual who is suspended shall not be entitled to be entertained as a guest or to enter the Union premises for the duration of his suspension.
9.8.4 A member whose membership has been cancelled shall cease to be a member of the Union with effect from the date of decision of the General Committee. Such individual shall not be entertained as a guest or permitted to enter the union premises and shall be ineligible for re-admission thereafter.
9.8.5. The Secretary shall convey by registered post, the decision of the General Committee to every member who is suspended or whose membership has been cancelled.
9.8.A. If at any time it comes to light or if any person brings to the notice of the General Committee in writing supported by sufficient evidence, that any member whilst in a past office had acted fraudulently ,or with the intent to defraud or mislead the Union or Committee or acted in contravention of any of the provisions of the Constitution or By Laws of the Union, which in the opinion of the General Committee had endangered or could endanger the welfare, interests or good name and reputation of the Union, , it shall be competent for the General Committee in its absolute discretion to proceed with such courses of action as provided in Rule 9.8 and provided that such individual’s membership is current.
9.9 Resignations.
9.9.2 A member who resigns in good stead, will be eligible to rejoin by fresh election, on payment of the prescribed fees and on such other terms the General Committee may deem proper.
9.9.3 A member who resigns without settling his dues to the Union shall be ineligible for admission thereafter .
10. Meetings:
10.1. The Annual General Meeting of the Union shall be held on or before the 31st day of March every year, thirty Members to form a quorum. Save as provided in Rule 12, matters taken up at any meeting shall be decided by a simple majority. Members who have not paid their current year’s subscriptions prior the Annual General Meeting shall not be entitled to attend the meeting.
10.2. No Special General Meeting of the Union shall be called at any time except by order of the President, with the approval of the members of the General Committee, or,by the Secretary whenever he shall be requested in writing by twenty Members setting forth the purpose of such meeting. At any such Special General Meeting no business other than that specified in the agenda shall be considered. At least fourteen days notice shall be given to Members of all General Meetings of the Union.
10.3 The General and General Committee meetings of the Union shall be held at the Headquarters of the Union.
10.4 If at the expiration of exactly half an hour from the time appointed for any Annual or Special General Meeting there shall be less than thirty Members, no business shall be transacted and the meeting shall stand postponed to such date as the President shall decide upon, and fourteen days notice thereof shall be given by the Secretary to the Members of the Union .
10.5 Associate, Honorary and Temporary members and the spouses of Members and Members by invitation who are not members of the Union, may attend General Meetings of the Union, as observers, but shall not take or have any part in the proceedings.
10.6 The General Committee shall hold regular meetings at least once a month, except in the month of December, seven Members to form a quorum.
10.7 The President may convene a Special meeting of the General Committee by letter, email, fax or Telephone for any matters that need urgent attention; and no business other than those which have been specified in the agenda or call shall be conducted.
11. Notices:
All notices shall be sent to such address as shall be left at the Registered Office If no address be so given, such notices shall be sufficient if addressed to the member at his last known place of residence or place of business.
12. Amendments to the Constitution:
The Rules herein contained, save and except Rule 1 , which shall not be subject to any amendment, may be amended by an affirmative vote of two- thirds of the Members present (or by two thirds plus one vote , if the number present is indivisible by three ),at the Annual or any Special General Meeting ; but no amendment shall be considered except on the recommendation of the General Committee or upon the written request of at least twenty Members of the Union and after notice of the proposed amendment, at least twenty one days before the meeting at which it is intended to be considered.
13. Affiliation:
The General Committee shall have the power to affiliate to the Union, subject to the written and binding conditions as it may deem fit to impose, any club or association, which applies for such affiliation, provided that the said club or association can offer reciprocal facilities to the members of the Dutch Burgher Union:
13.1 the rules of such club or association restrict their voting membership only to members of the Burgher Community.
13.2 individual members of clubs and associations which may so affiliate to the Union with the unanimous approval of the General Committee shall not have any voting rights in the Union, but may have the use of only those facilities as determined by the General Committee and subject to the terms and conditions which the General Committee may impose from time to time,and to the code of conduct and discipline in these Rules and the By Laws by which members of the Union are governed .
1.3 the said club or association , so affiliated, shall not in any way impede the full implementation of the Rules and By-Laws of the Union, by the Union, or take any part in the formation,administration and implementation of the stated Union’s objectives, policies and programmes, and shall be bound by all decisions and directives of the General Committee that are made from time to time in furtherance of the objectives and interests of the Union.
14. Dissolution:
The Union shall not be dissolved except by a vote of nine-tenths of the Members of the Union then resident in the Island. Upon such dissolution , the Dutch Burgher Union Board shall hold all property and assets of the Union ,and proceeds of sale thereof in trust for the education and the relief of poverty amongst members and the general upliftment of the Burgher community in Sri Lanka, and shall have the power to apply to any competent court for directions as to all matters relating to the execution of such trust, or connected therewith or incidental thereto.
15. Effective date:
This Constitution shall come to force with effect from 12th October 2005 and the provisions of this constitution shall apply so as to enable all Members of the General Committee continue to serve on the said Committee till the Annual General Meeting in the year 2006.
16. Interpretation:
16.1 Wherever the terms “he”, “his” and “himself” appear in these Rules, they shall be deemed to include the terms “she”, “her” and “herself”, as the case may be.
16.2 The term “Associate” wherever used in these Rules shall refer to and include “Associate member ”and “Overseas Associate member.”
16.3 The terms “member” or “members” wherever used in these Rules or in the By Laws refer to all categories of members of the Union; and the term “Member”,(denoted with a capital “M”),refers only to those Members defined in Rule 3 and 6A.
16.5 The term “Registered Office of the Union” shall refer to the Registered office of the Union located at No 114, Reid Avenue, Colombo 4, Sri Lanka.
The side headings in these Rules are for convenience of reference only and do not affect the construction of these Rules or form any part thereof.
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