The Constitution of the Kingston Federation of Allotment Gardeners (KFAG)
A- Name
The name of the organisation shall be Kingston Federation of Allotment Gardeners, hereinafter called 'the Federation'
B Aim and Objectives
To promote and encourage allotment gardening in the Royal Borough of Kingston by:
i) providing information to local residents about the benefits of allotment gardening
ii) encouraging full use of allotments in the borough
iii) introducing, informing and demonstrating to those Council sites that are interested, the benefits of forming an allotment committee and/or Voluntary Management.
C Powers
In furtherance of the objects but not otherwise the Management Committee may exercise the following powers:
i. power to raise funds and to invite and receive contributions provided that in raising funds the
Management Committee shall not undertake any substantial permanent trading activities and shall conform to any relevant requirements of the law.
ii. power to buy, or exchange, any property necessary for the achievement of the objects and to maintain and equip it for use.
iii. power subject to any consents required by law to sell, lease or dispose of all or any part of the property of the Federation.
vi. power to co-operate with charities, voluntary bodies and statutory authorities operating in furtherance of the objects or of similar charitable purposes and to exchange information and advice with them.
vii. power to establish or support any charitable trusts, associations or institutions formed for all or any of the objects
viii power to appoint and constitute such advisory committees as the Management Committee may think fit.
ix. power to do all such other lawful things as are necessary for the achievement of the objects.
D Membership
1. Membership of the Federation is open to organisations that support the aims and objectives of The Federation.
2. Membership applications will be considered at Management Committee meetings. Membership will be granted by unanimous vote. The Federation Secretary will respond in writing to applicants and keep a proper record of all members.
3. Each member organisation shall appoint an individual to represent it and to vote on its behalf at meetings of the Federation; and may appoint an alternate to replace its appointed representative at any meeting of the Federation if the appointed representative is unable to attend.
4. Each member organisation shall notify the name of the representative appointed by it and of any alternate to the secretary. If the representative or alternate resigns from or otherwise leaves the member organisation, he or she shall forthwith cease to be the representative of the member organisation.
5. The Management Committee may unanimously and for good reason terminate the membership of any individual or member organisation: provided that the individual concerned or the appointed representative of the member organisation concerned (as the case may be) shall have the right to be heard by the Management Committee, accompanied by a friend, before a final decision is made.
E Management Committee
1.The management of the Federation shall be vested in a Management Committee, consisting of no less than 9 members nor more than 16. This number shall comprise the following Honorary Officers- a Chairperson, a Secretary and a Treasurer, plus such other members of the Federation elected by members at the Annual Meeting.
2. Election to the Management Committee shall be for three years and such members shall be eligible for re-election.
3. The Federation shall have the power to co-opt persons having special knowledge or experience. .
4. The number of co-opted members shall not exceed one-quarter of the total membership of the Management Committee.
5. In the event of nominations exceeding vacancies, elections shall be by ballot of those attending the Annual General Meeting and any casual vacancy in the offices for the period up to the next Annual General Meeting of the Federation.
a. The Management Committee may appoint such person or persons as it thinks fit to be Chair of the Federation for a fixed term of three years.
b. The Committee may invite any person to attend its meetings as an observer but without the power to vote.
6. The Management Committee shall have the power to set up separate sub-committees as necessary. The sub-committees shall report to the Management Committee as soon as possible.
7. The proceedings of the Committee shall not be invalidated by any failure to appoint or any defect in the appointment, election, co-option, or qualification of any member there.
F Determination of Membership of Management Committee
A member of the Management Committee shall cease to hold office if he or she:
1. is disqualified from acting as a member of the Management Committee by virtue of section 45 of the Charities Act 1992 (or any statutory re-enactment or modification of that provision):
2. becomes incapable by reason of mental disorder, illness or injury of managing and administering his or her own affairs:
3.is absent without the permission of the Management Committee from all their meetings held within a period of six months and the Management Committee resolve that his or her office be vacated: or notifies to the Management Committee a wish to resign (but only if at least three members of the Management Committee will remain in office when the notice of resignation is to take effect).
G Management Committee Members not to be personally interested
1. Subject to the provisions of sub-clause 2 of this clause no member of the Management Committee shall acquire any interest in property belonging to the Federation (otherwise than as a trustee for the Federation) or receive remuneration or be interested (otherwise than as a member of the Management Committee) in any contract entered into by Management Committee.
2. Any member of the Management Committee for the time being who is a solicitor, accountant or other person engaged in a profession may charge and be paid all the usual professional charges for business done by him or her or his or her firm when instructed by the other members of the Management Committee to act in a professional capacity on behalf of the Federation: provided that at no time shall a majority of the members of the Management Committee benefit under this provision and that a member of the Management Committee shall withdraw from any meeting at which his or her own instruction or remuneration, or that of his or her firm, is under discussion.
H Meetings and proceedings of the Management Committee
1. The Management Committee shall hold at least five ordinary meetings each year. A special meeting may be called at any time by the chairman or by any two members of the Management Committee upon not less than 7 days' notice being given to the other members of the Management Committee of the matters to be discussed but if the matters include an appointment of a co-opted member then not less than 21 days' notice must be given.
2. The chairperson shall act as chairperson at meetings of the Management Committee. If the chairperson is absent from any meeting, the members of the Management Committee present shall choose one of their number to be chairperson of the meeting before any other business is transacted.
3. There shall be a quorum when at least one third of the number of members of the Management Committee for the time being or three members of the Management Committee, whichever is the greater, are present at a meeting. At least one of those present must be an officer.
4. Every matter shall be determined by a majority of votes of the members of the Management Committee present and voting on the question but in the case of equality of votes the chairperson of the meeting shall have a second or casting vote.
5. The Management Committee shall keep minutes of the proceedings at meeting of the Management Committee and any sub-committee.
6. The Management Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents. No rule may be made which is inconsistent with this constitution.
7.The Management Committee may appoint one or more subcommittees consisting of three or more members of the Management Committee for the purpose of making any inquiry or supervising or performing any function or duty which in the opinion of the Management Committee would be more conveniently undertaken or carried out by a sub-committee: provided that all acts and proceedings of any such sub-committees shall be fully and promptly reported to the Management Committee.
I Receipts and expenditure
1. The funds of the Federation, including all donations contributions and bequests, shall be paid into an account operated by the Management Committee in the name of the Federation. All cheques drawn on the account must be signed by at least two signatories from a list approved by the Management Committee.
2.The funds belonging to the Federation shall be applied only in furthering the objects
3. The Federation’s Annual Accounts shall be independently reviewed.
J Annual General Meeting
1. The Annual Meeting shall be held in each year at such time (not being later than 15 months after the preceding Annual Meeting) and such place as the Management Committee shall determine.
2. Every annual general meeting shall be called by the Management Committee. The secretary shall give at least 21 days' notice of the annual general meeting to all the members of the Federation. All the members of the Federation shall be entitled to attend and vote at the meeting.
3. Before any other business is transacted at the first annual general meeting the persons present shall appoint a chairperson of the meeting. The chairperson shall be the chairperson of subsequent annual general meetings, but if he or she is not present, before any other business is transacted, the persons present shall appoint a chairperson of the meeting.
4. The Management Committee shall present to each annual general meeting the report and accounts of the Federation for the preceding year.
5. Nominations for election to the Management Committee must be made by members of the Federation in writing and must be in the hands of the secretary of the Management Committee at least 14 days before the annual general meeting. Should nominations exceed vacancies, election shall be by ballot.
K Special General Meetings
1. The Management Committee may call a special general meeting of the Federation at any time. If at least ten members request such a meeting in writing stating the business to be considered the secretary shall call such a meeting. At least 21 days' notice must be given. The notice must state the business to be discussed.
L Procedure at General Meetings
1. The secretary or other person specially appointed by the Management Committee shall keep a full record of proceedings at every general meeting of the Federation.
2. There shall be a quorum when at least one tenth of the number of members of the Federation for the time being or ten members of the Federation, whichever is the greater, are present at any general meeting.
M Notices
1. Any notice required to be served on any member of the Federation shall be in writing and shall be served by the secretary or the Management Committee on any member either personally or by sending it through the post in a prepaid letter addressed to such member at his or her last known address in the United Kingdom, and any letter so sent shall be deemed to have been received within 10 days of posting.
N Alterations to the Constitution
1. The Constitution may be altered by a resolution passed by not less than two thirds of the members present and voting at a general meeting. The notice of the general meeting must include notice of the resolution, setting out the terms of the alteration proposed.
0 Dissolution
1. If the Management Committee decides that it is necessary or advisable to dissolve the Federation it shall call a meeting of all members of the Federation, of which not less than 21 days' notice (stating the terms of the resolution to be proposed) shall be given. If the proposal is confirmed by a two-thirds majority of those present and voting the Management Committee shall have power to raise any assets held by or on behalf of the Federation. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable institution or institutions having objects similar to the objects of the Federation as the members of the Federation may determine or failing that shall be applied for some other charitable purpose.
This constitution was adopted on 3rd February 2004 (original copy held) and amended at the AGM, April 2008, (minuted).
Page Updated 18th May 2009
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