1. Name:
The name of the Society is “The Offaly Society for the Prevention of Cruelty to Animals” (OSPCA).
2. Objectives:
The objectives of the Society are:
a) To promote and provide for animals’ welfare.
b) To bring to an end all unnecessary animal suffering among all species of animals, whether domestic or wild, whether captive or free, and to prevent the emergence or acceptance of cruel practices, through means which are wholly and exclusively charitable according to the law for the time being in the Republic of Ireland.
c) To establish the acceptance of animals as sentient beings.
d) To provide for the advancement of education by fostering knowledge among the public in general, and the young in particular, of the psychology and proper care of animals.
e) To secure, for companion, farm and captive animals in particular but for all animals so far as may be practicable, the following Freedoms: -
• Freedom from hunger, thirst and malnutrition;
• Freedom from discomfort;
• Freedom from disease and injury;
• Freedom to behave normally;
• Freedom from distress and fear.
3. Powers:
In furtherance of the aforementioned objectives, but not otherwise, the OSPCA shall have the following powers: -
a) To use every available lawful means to promote and advertise the OSPCA. to the public including:
I Radio and television broadcasts, advertisements, published articles, books, pamphlets, public meetings, exhibitions, receptions, entertainments, film shows, sales and the sponsorship of the same.;
II Providing information to public bodies, individuals and others who in the opinion of the OSPCA. are in a position to assist in the promotion of its main objectives.
III Participating with organisations provided that their main aims are compatible with the objectives of the OSPCA and are wholly and exclusively charitable according to the law for the time being of the Republic of Ireland.
b) To purchase, hire, take on loan, develop, exchange, lend, let, lease, mortgage, charge, sell, dispose of or improve, work, manage or cultivate any real or personal property, chattels, rights, privileges or such other main objectives or documents as the OSPCA. considers will enhance the promotion of its main objectives.
c) To obtain, collect and receive money and funds by way of contributions, donations, subscriptions, legacies, endowments, grants, or any other lawful method and to accept and receive any gifts or property of any description whether subject to any trust or not.
d) To appoint Trustees, being in number at any given time at least three, to hold, undertake or execute any charitable trust or hold in trust property as the case may be which may lawfully be held, undertaken or executed and which may further the above objectives.
e) To procure, publish, issue and distribute gratuitously or otherwise any newspapers, periodicals, books, pamphlets, leaflets, audio-visual material, advertisements, appeals or other literature.
f) To acquire or become a member of any charity or charities formed for main objectives compatible with those set out above.
g) To apply the income and property of the OSPCA when so ever derived solely towards the promotion of the main objectives of the Society and no portion thereof shall be transferred by way of dividend, bonus or otherwise howsoever by way of profit to any member of the Society.
h) To provide funds and to make or assist in the making of arrangements for initiating or sponsoring projects of research or study in relation to the above objectives and for publishing and disseminating the useful results of such research.
i) To vary any investments of the OSPCA from time to time in such a manner, as may be considered to be most advantageous to achieving is objectives.
j) To hold and administer legacies.
k) To enter into arrangements with Local Authorities in connection with animal welfare as provided for or envisaged by the provisions of the Control of Dogs Act, 1986 and any amending or enabling or replacing legislation or regulations made there under or any legislation pertaining to other species.
l) To make, amend, revoke or vary the Rules for the Operation of the OSPCA as may be from time in operation.
m) To add to, amend, delete, and alter revoke or vary any clause or sub clause of this Constitution of the OSPCA provided always that such addition, amendment, deletion, alteration or revocation shall be in the best interests of the OSPCA. and the attainment of its objectives and shall ensure or enhance the achievement of the said objectives and be wholly and exclusively charitable according to the law for the time being, of the Republic of Ireland.
n) To do all such acts and take all such steps as may be deemed incidental or conducive to the attainment of the main objectives of the OSPCA
4. Membership
Membership of the OSPCA. shall comprise Members and Junior Members.
Members:
Any person aged 18 years or over who supports the objectives of the OSPCA who completes the application form prepared by the OSPCA. and who pays the annual subscription shall be entitled to become a member of the Society subject to the approval of the Committee, whose consent may be withheld without assigning a reason.
Junior Members:
Any person under 18 years of age who supports the objectives of the OSPCA who completes the necessary application form and who pays the annual subscription, shall be entitled to become a junior member – subject to the approval of the Committee.
All members of the Society shall accept and abide by the Constitution of the Society as amended from time to time.
A register of all Members shall be kept, showing the name and address as supplied by each Member, and the record of all subscriptions paid. The register shall be open to inspection at all times.
Membership shall be terminated by: -
• The Resignation of the Member;
• The failure of the Member to pay the annual subscription for two consecutive years;
• The Expulsion of the Member in accordance with Section 5
Voting Rights:
Only Members who are on the register three months prior to the AGM and have paid up all subscriptions due on that date shall have a right to vote at that meeting. Honorary Members also have a right to vote.
Liability of members with reference to the obligations of their Society shall be limited to any subscriptions due from them. Subscriptions are due annually from the date of becoming a Member.
All persons who, at the date of the adoption of this Constitution, have paid their subscription for the current year will be deemed to Members of this Society and shall have the right to vote at that Meeting.
5. Expulsion of Members:
The Society shall have power to expel any Member including any Committee Member who shall offend against the Constitution of the Society or current Irish Law, or whose conduct shall, in the opinion of the Committee render such Member unfit for the Membership of the Society. Before any such Member is expelled, the Honorary . Secretary shall give such a Member seven days written notice to attend a meeting of the committee and inform such a Member of the complaints made against such a Member.
No Member shall be expelled without first having an opportunity of appearing before the Committee and answering complaints made against such a Member nor unless at least two-thirds of the Committee then present vote in favour of such expulsion.
6. General Meetings:
a) There shall be held each year in the months of March or April a Meeting known as the Annual General Meeting. All paid-up Members shall be entitled to notice of such Meeting and to attend. All Members, as defined under ‘Voting Rights’ in Section 4, may vote at such a Meeting. The quorum for such a Meeting shall be nine Members or such higher figures as the General Meeting may from time to time decide.
The Chairperson of the outgoing Committee shall Chair such a meeting till the election of a new Chairperson.
b) The Agenda for an AGM shall include a Minutes of the previous AGM, Matters arising there-from, discussion and adoption of the Annual Report and the Audited Accounts, any specific resolutions, election of Committee Members and appointment of Auditors and Trustees.
c) The Agenda of all other General Meetings shall include the Minutes of the previous General Meeting, business arising there-from and any specific resolutions for the Meeting.
d) The Committee or two thirds of the Members may convene an Extraordinary General Meeting.
e) Voting at all General Meetings shall be by a show of hands, unless a poll is, before the declaration of the result of the show of hands, demanded by: (1) The Chairperson or (2) by at least four Members present in person.
f) All General Meetings shall be convened on 21 days written notice of all Members sent by post to the latest address notified to the Society.
g) Resolutions must be received by the Honorary Secretary at least 7 clear days prior to the date of the AGM and no resolutions shall be carried unless it shall have the votes of not less than two thirds of the Members present and voting.
h) A quorum of all General Meetings shall be nine members
i) A Committee shall be appointed by the meeting consisting of not less than 5 persons and not more than 15 persons. All nominations must be proposed and seconded by a Society Member.
j) The Society shall appoint at the first meeting of the new Committee following the AGM Officers of the Committee, who shall be: Chairperson, Vice-Chairperson, Honorary Secretary, Honorary Treasurer, Public Relations Officer, Education Officer. Each nomination must be proposed and seconded by a Society Member.
k) All Officers shall be elected every year and no Officer may normally serve more than four consecutive years.
l) Trustees may be elected or removed at an AGM.
m) It shall be in the power of a General Meeting to elect Patrons and Hon. Life Members.
7. Committee:
a) The Committee shall assume responsibility for the general running of the Society within the framework of the Constitution.
b) The Committee shall co-opt additional Members to fill any vacancy on the Committee.
c) Committee Meeting shall be held nine times a year, or monthly if possible.
d) The Honorary Secretary shall at all times keep the Committee informed of all communications from Head Office of the ISPCA and all other correspondence.
e) The Committee shall appoint delegates to attend General Meetings, Regional Meetings and any other meetings that shall be arranged by the Irish Society for the Prevention of Cruelty to Animals (ISPCA)..
f) All meetings shall be called by the Honorary Secretary who shall give appropriate notice of not less than 7 days.
g) The quorum of a Committee Meeting shall be not less than 5 members.
8. Income and Property:
The income and property of the body shall be applied solely towards the promotion of its main object(s) as set forth in this Constitution. No portion of the Society’s income and property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit, to the Members of the Society. No Officer shall be appointed to any office of the Society paid by salary or fees, or receive remuneration or other benefit in money or money’s worth from the Society. However nothing shall prevent any payment in good faith by the Society of:
a) Reasonable and proper remuneration to any Member of the Society (not being an Officer) for any services rendered to the Society;
b) Interest at a rate not exceeding 5% per annum on money lent by Officers or other Members of the Society to the Society;
c) Reasonable and proper rent for premises demised and let by any member of the Society (including any Officer) to the Society;
d) Reasonable and proper out-of-pocket expenses incurred by any Officer in connection with their attendance to any matter affecting the Society.
e) Fees, remuneration or other benefits in money or money’s worth to any Company of which an Officer may be a member holding not more than one hundredth part of the issued capital of such Company.
9. Finance:
a) The Committee shall pay to the ISPCA any affiliation fees or other monies as agreed from time to time by the General Meeting of the ISPCA.
b) The Committee shall cause proper books of accounts to be kept relating to all sums of money received and expended by the Society. The books of accounts shall be held by the Honorary. Treasurer of the Society for the time being and shall at all reasonable times be open to inspection by the Committee.
c) The accounts of the Society shall be kept at a Branch of a Bank approved by the Committee. There must be three approved signatories of which one should be the Honorary Treasurer. Two approved signatures must be on all cheques.
d) The financial year of the Society shall be from 1st January to 31st December of each year.
e) Annual audited accounts shall be kept by the Society and made available to the Revenue Commissioners on request.
10: Affiliated Bodies
An organisation or association whose policies and objectives are in accordance with some or all of the OSPCA may apply to be an affiliated body of the OSPCA. Any such application may be considered by the next Annual General Meeting of the OSPCA and shall be decided by two-thirds majority of those qualified to vote, who are present and voting.
11. Alterations
a) Alterations to this Constitution shall require the assent of not less than two-thirds of those qualified to vote, who are present and voting at a General Meeting. No additions, alterations and amendments shall be made to or in the provisions of this Constitution and Rules unless they have been previously approved in writing by the Revenue Commissioners.
b) The Chairperson of the Society shall receive a resolution for the alteration of the Constitution at least 21 clear days before the meeting at which the resolution is to be brought forward. At least 14 clear days notice of such a meeting shall be given to the Members.
12. Winding-up
If upon the winding up or dissolution of the Society there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, it shall not be paid or distributed among the Members of the Society. Instead, such property shall be given or transferred to some other charitable institution or institutions having the main objects similar to the main objects of the Society. The institution or institutions to which the property is to be given or transferred shall prohibit the distribution of its or their income and property among its or their members to an extent at least as great as imposed on the Society under or by virtue of clause 8 hereof. Members of the Society shall select the relevant institution or institutions at or before the time of dissolution, and if and so far as effect cannot be given to such provisions, then the property shall be given or transferred to some charitable object.
13. The Interpretation Act, 1937
a) The Rules pertaining to the interpretation of Acts of the Oireachtas shall apply to the interpretation of this Constitution.
b) The Rules of Natural Justice shall apply to the interpretation of this Constitution and the application of its provisions in the same manner as they apply to Bunreacht Na hEireann, the Acts of the Oireachtas, Common Law, and Equity.
Signed;
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Chairperson
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Date _____________ |
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Treasurer
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Secretary |
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