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ABAANA TANZANIA

ABAANA TANZANIA

BUKOBA, Tanzania

 

Abaana Tanzania, a CBO established in may 2012, to carpet relevant intervention to the activities left by closed Bona- Bana project under Red cross(T) in 2002, and TAPSE in 2009 simultaneously.

The chief co-ordinator of the then two projects and tct, Kagera Region Tanzania committed to sipplement the willies of most vunerable children.

We offer humalitalian aids- materials ,spirutual support and psychosocial supports to the street children whom are help less victims of social circumtances( drug abusers).

CONSTITUTION OF ABAANA TANZANIA

PREAMBLE

WHERE AS- the founder member of Abaana Tanzania understanding that in our Country like other African and developing countries some children face various Problems of being deserted by their parents, Parents die and children are left without care of any body, Parents are poor Unable or do not bother to take care for the education of their children.

AND

Where as: Founder member have detected an alarming Increase of street children Hence the National losses man power, talents and children are easily exposed to Aids/HIV attack, drug abuse, raps and violence

AND

Where as: The cumulative effect of the above is to course injustice to Innocent street children of the United Republic of Tanzania hence cause lack of confidence over their own good Government.

AND

Where as: The founder member believe that the above mentioned calamitous calls for a non Governmental organization of committed citizen of the United Republic of Tanzania hence establishment of this Organization.

AND

Where as: This organization is Intended not to operate commercially but to render gratis service for the betterment of the good governance welfare and justice for the street and most venerable children of and in the United Republic of Tanzania without any Political, religious, Tribal or any however classic

AND

Where as: We several persons whose names, postal address and occupation are subscribed here with are desirous of being formed into founding an organization in the pursuance of the constitution of ABAANA TANZANIA.

 

     
     

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

     
     

 

   

 

 

   

 

   
     

ENTERPRETATIONS: In this articles unless there be in the context anything inconsistent here with.

  • Education…………Shall mean and very statuary modification of reenactment there of for the time being in force
  • Association………..Shall mean and very statuary modification of reenactment there of for the time being in force
  • Executive committee………Shall mean the executive committee of the association.
  • The seal………..Shall mean the seal of the Association
  • The Month……….Shall mean the calendar Month.
  • The year………….Shall mean calendar year
  • Street Children……….Shall mean a child below 18 years old, without particular assailment due to his/her failure to execute responsibility or because of not given his right
  • Individual………….Shall mean single person.
  • NGO………………Shall mean non-Governmental organization.
  • Combat…………….Shall mean Fighting
  • Officers…………….Shall mean the chairman the Treasurer, the executive officer   the secretary General
  • Ordinary member…….Shall mean individuals, partnerships, bodies corporate,    Co-operative society , professional, Service Institutions and foreign bodies which have been established in the united republic of Tanzania
  • Associations………… Shall mean registered institution other than the association constituting, respectively, merchants, Traders, Manufacture, Producers, Professionals services and constructions bodies.
  • Founder Member……… Shall mean those who have signed the founding instrument and has full paid their contribution.
  • Area of Operation……….. Shall mean area where members are drawn.
  • Neglected Child…………..Means a child, who is being given too little attention or care
  • MVC……………………….most venerable children.

Weeds and expressions defined in the ordinance shall of not inconsistent with the subject or context bear the same meaning in these articles weeds importing the singular number shall include the plural numbers and vice versa. Words importing the masculine gender shall include the feminine. The word Member in respect of firms and bodies corporate shall include the property accredited representative of the member.

  1. (I) Name: of organization shall be ABAANA TANZANIA

(ii) The organization shall be a non commercial, non Governmental, non political, non religious and shall achieve the objectives free from classic segregation whatever and shall be strictly a community based organization.

  1. AREA OF OPERATION

The head office of the organization will be situated in Bukoba Town. Will cover whole of lake zone ,Kagera Region being the pilot area..

  1. OBJECTS

The objects of which the organization is established for are:-

  1. To arrange and provide education and training to deserted and neglected children.
  2. To arrange and seek opportunities for establishment of a primary school and secondary school and school for vocational training to most venerable children.
  3. To under take training research and consultancies on street children’s.
  4. To arrange and provide shelter cloth and food to street children’s.
  5. To promote and strengthen cooperation and consultation between local and International communities on matters of common interest.
  6. To develop strong network of members across the country.
  7. To act as centre of information exchange and publicity for various groups working for the interest of street children.
  8. To establish, develop and manage rural and urban settlements for the street children.
  9. To plan, establish and develop projects geared for the welfare are Interest of most venerable children which will include reverse of spread of HIV/AIDS, and drug abuse
  10. To apply to Government, authorities, Public bodies co-0peration, NGO’s for and to accept grants of money donation, gifts, subscriptions and other assistance with the view promoting the objects of the objects of the organization,
  11. To collect and circulate statistics and other information relating to street children.
  12. To insert in any news paper or other publication any matter calculated in the opinion of the association to further any of the objects.
  13. To conduct tracing for family and child reunification and regular follow up of child relatives to accelerate re unification process.
  14. To develop support mechanism to the reunified families
  15. To stop adolescent trafficking emphasis to stop child recruitment, transportatation, transfer which involves deception, coercion, threat, force and abuse of power for the purpose of sale, sexual exploitation, forced lab our or service, slavery and servitude..
  16. To inverse the fund of the organization not immediately required for the purposes there of upon investments authorized by law or to place the same on deposit as may from time to time be determined by the organization.
  17. To collaborate with relevant institution through( P.P.P)public private partnership in establishment of remand homes for juvenile delinquent and young offenders who are abused in adult custody. For the betterment of child rights.

PART II

  1. MEMBERSHIP

5.1. ELIGIBILITY: Member shall be a Tanzania of age of majority above 18 years Old with sound mind.

5.2. CLASSES OF MEMBERS: There shall be four categories of members, ordinary members, associate members and honorary members.

5.3. ADMISSION: Ordinary members and Associate members shall upon payment of membership fee become automatic members of the association. The Honorary members shall become member upon being elected as such by annual General meeting or extra ordinary General meeting provided that in certain circumstances the executive committee may waive membership fees payable by any associated member or honorary member.

5.4. TERM OF MEMBERS SHIP:

  1. Every members defined by article 5.2 is desirous of becoming a member of the association shall sign and deliver to either the association or to its Branch an application for the membership as the case shall be in the form to be provided by the association. This requirement may be waived in the case of honorary member.
  2. Membership is confined to Tanzanians
  3. Membership fee shall be in two categories
    1. Entrance fee
    2. Annual subscriptions.

5.5. CEASATION OF MEMBERSHIP

A member shall cease to be a member if such member.

  1. Resigns by giving one month notice in writing to the association.
  2. Became unsound mind or Dies
  3. Fails to pay his fees in term of article 5.4(iii)
  4. Is excluded pursuant to article 5.5 VII and VIII
  5. Is adjudicated bankrupt, goes into liquidation or compound with his creditors.
  6. Provided that any member who leases to be a member shall remain liable in terms of constitutions and annual fees falling due within the year in which he ceases to be a member.
  7. The executive committee may terminate the membership of any member who by his conduct renders himself unfit in the opinion of a majority to the committee to a member of the organization.
  8. No member may exercise any of the rights of the rights and privileges of the membership if his subscription fee remains un paid for more than two months after due date. The executive committee may terminate the membership after six months

SUSPENSION:

  1. The executive committee shall have the power by majority vote suspend any member from membership for reasonable cause and for any period.
  2. Cause and Suspension:- Distilment to the objective of the association.
  3. During suspension the member forfeits all rights and privileges except that of appeal pursuant to article 5.5.
  4. Member wishing to appeal shall lodge his application to the executive committee in writing through the Executive Director of the association within thirty day from the date of the written notice suspending or terminating the amender of the Annual G.M. or E.G.M called at the earliest opportunity there after or in the amender of the ensuring Annual meeting.

RE- ADMISSION:

  1. Member whose membership has been terminated may- re-apply for membership after twelve months from the date of the letter information/ informing his of such termination of membership. He should regret of his termination and declare that never again will repeat what made out of the association.

PART: III

6.0MANAGEMENT OF THE ORGANISATION

The organization section shall have the following principle organs.

a)     Annual General Meeting

b)     Executive committee

c)      Management Committee

7.1. The re shall be a Management Committee which shall comprise of:-

a)     Chairman of the organization

b)     Treasurer General

c)      Secretary General

d)     Executive Officer

SUB COMMITEES

7.2. Management committee acting on advice given to it by the executive committee and as directed by the annual general meeting shall within thirty days appoint

Sub- committee chairman to deal with objective issues in Science subjects learning students

Provided that the executive committee shall give brand terms of reference such committee either informally of formally in writing including directions regarding any reporting procedures which the executive committee may require

7;3; Each sub committee shall comprise not less than three members who shall be appointed by the management committee.

7.4. Each sub-committee shall advice the management committee on matters coming within its terms of reference as defined by the executive committee

7.5. The executive committee may appoint sub committee as are considered by them necessary. Such committees shall be given directed there in.

7.6 The executive committee may from sections of the association for the benefit of any other interest or group of interest on a requisition from the management committee of the Association each section shall elect its chairman and vice chairman and a   section committee comprising not more than ten members of section and shall meet at least four times per annual. Section committee shall report to the executive committee through the management committee of the Association and shall have such executive power as may specifically be granted to each committee of the Association.

7.7 The officers of the Association shall be ex-official member of all section.

OUORUM OF MANAGEMENT COMMITTEE

7.8; the quorum of the management committee shall be one third of its members.     

7.9; When in view of the chairman an urgent decision is required he shall make such decision but at the first opportunity report to seek the approval of the management committee and if appropriate of the executive committee.

7.10 The management committee shall be   responsible to the executive committee for all administrative matters related to finance and for the general of the general day to day running of the association and shall meet at least once per month or more often as need be.

CASUAL VACANCIES;

7; 11 A casual vacancy occurring in the membership in any committee or sub committee or the management committee may be filled by the executive committee.

CO-OPTION

7;12 Subject to the approval of the executive committee the management committee may co-opt such auditioned member as are consider necessary for the better functioning of that committee. When so appointed such members shall have the same rights as elected members of that committee.

VOTES;

   7.13. Each member shall have one vote.

            No member shall be entitled to vote unless he shall have paid in full all membership fees due to the Association.

7.14; voting at meeting of the Association shall be any show of hands prevented that to the general voting shall be by secret ballet

7.15. In the event any equality of votes the chairman of a meeting shall have a casting vote as well as deliberative vote .This procedure shall not apply in the case of election at general meeting.

7.16; an employee of the organization shall neither be appointed as accredited representative of association nor have a vote.

NOTICE OF MEETING

7.17; Entice for general meeting of the association shall be thirty days. However non-receipt of notice there of shall not in it self invalidate the preceding of such meeting.

7.18; Members may be nominated by the association through the management committee for appointment of the association on the business of the bodies in question.

INDEMNITY

   7.19; Every members or servant of the association acting pursuant to the duties entrusted to him by the association shall be indemnified by the association against all costs losses and expenses which he may incur or for which he may become liable by reason of any act or commission in the discharge of such duties unless he same should happen through his own negligence default breach of duty or breach of trust

OFFICERS OF THE ORGANIZATION;

8.1; There shall be a chairman of the organization who shall be elected every five years and is eligible for re-election for more term of five years There after if not elected he can sit on the executive committee as immediate chairman until a new chairman(i.e. his successor) replace him the duties of the chairman shall be to preside at the annual meeting extra ordinary Gimleting at the meeting of the executive committee and of the management committee He shall be the spokes men of the association on all policy matters. After his term of office he will serve in the executive committee chairman after getting approval of the new existing executive committee.

8.2. There shall be a vice chairman of the organization who will be elected every five years and are eligible for re- elected for only one more term of five years.

8.3. There shall be a secretary General a, Treasurer who will be elected every five years and are eligible for re-election for more terms of five years.

8.4. There shall be an executive officer who shall be elected among the members or employed in case of good financial position.

8.5. The Chairman , Treasurer, Secretary General Executive officer constitute the officers of the organization and shall assume office immediately after the close of annual General meeting or G.M. at which they have been elected.

8.6. Only members whose dues to the Association are fully paid up at the date of annual General Meeting shall be, eligible for elections as officers of the association.

8.7. (I) Any officers of the Association can be reprimanded or removed from the office at an annual General meeting or at Extra-ordinary General Meeting especially demanded by more than half of the total number of paid up members.

Unless the annual General Meeting orE. G.M... After due hearing of his defense dismisses the charge brought against the particular officer.

8.8. If the officer fails to attend for reason not acceptable to the A.G.M. or E.G.M. may delegate making of final decision to the Executive committee if however the officer, having duty notified of the case against him, the case may be decided in his absence.

8.9. If the office of the chairman, Treasurer, Secretary General shall be vacant by reason of resignation, death, or article 8.08 or for other reason an EMERGENCY, Meeting of Executive committee shall be called to elect an interim chairman, Treasurer or Secretary General pending the A.G.M. or E.G.M. where the position shall be filled.

New officers shall remain in office until the Expiry of the balance of the term of tenure.

9.0. PATRON/ MATRON

Patron/Matron of the organization shall be appointed by the Executive Committee by power given by the A.G.M.

PART: IV

MEETING OF THE ORGANIZATION

10 Executive Committee:

The affairs of the organization shall be managed by the executive committee in accordance with directions given by organization in the A.G.M. it shall comprise

(a)   The officers of the organization

(b)   Immediate past chairman provided his name has been approved by the existing executive committee.

(c)   Two members elected at annual General Meeting

(d)   The Executive committee shall be responsible to the Annual General Meeting which shall have final say on all matter including those previously delta with Executive committee.

(e)   Any member of the Executive, Management Committee who fails to attend three consecutive meeting of the Executive or Management Committees for whatever reason shall to be a member of the Executive or Management Committees.

(f)     The Executive Committee shall replace with another person.

10.1. The executive Committee shall meet four times per annual (March, June, Sept, December).

QUORUM OF EXECUTIVE COMMITTEE

11.1. The quorum of the executive committee shall be more than ½ of its members.

Meeting of the organization

11.2. The organization shall have two types of General Meetings.

(a) Annual General Meeting which shall meet every year on such day at such place and time as the executive committee shall determine but in any as case not later than 31 March, each year (A.G.M.).

(b)Extra ordinary General Meeting (E.G.M)

11.3. Annual General Meeting

(a) Every area office if there is area office shall be represented by three delegated who shall be elected by the respective A.G.M. .

(b) Every designated sectoral association shall be represented by two delegates.

(c)Every designated professional association shall be represented by one delegate.

(d)Members of the Executive Committee.

11.4. Business of Annual General Meeting be to;

(a) Approve the, minutes of the previous annual General meeting and E.G.M. held in the mean time.

(b) Received the report of the chairman of the activities of the organization during the past year.

© Receive the audited accounts of the organization for the proceeding year and the report of auditors thereon.

(d) Receive consider and approve the plan of action for the coming year.

(e) Approve the Budget for the coming years.

(f) Appoint and fix the numeration of the auditors of the organization for the ensuring years.

(g) Elect officers of the association when due provided that nomination for elections shall be made in writing on prescribed from and delivered to the executive Director not less than the fourteen days prior to the schedules date of the annual General meeting.

(h) Hear appeals (if any) from members whose membership has been suspended or terminated.

(I) the annual General meeting shall have the right to comment and direct on the structure of standing committee or any matter what so ever proposed by the executive committee.

EXTRA- ORDINARY GENERAL MEETING

11.5. Extra- ordinary General meeting shall be conversed by the Executive Committee on its own motion or upon the request in writing of at least one half of the member of the Association standing the purpose for which the meeting is to be called.

11.6. The business of the extraordinary meeting shall be con fined to the matters disclosed in the notice of the meeting.

QUORUM OF GENERAL MEETING

11.7. Save or otherwise provided quorum for all General meeting shall be one third of the total number of delegates that are entitled to attend the meeting and entitled to vote which ever is the least.

12. Annual reports

Annual reports shall be prepared by executive director with collaboration with the chairman.

P A R T. V

13. Alteration: of the constitution and by laws

13.1. This constitution may be amended by 2/3 majority vote of the voting members of the annual General meeting or E.G.M. called for the purpose. Such resolution must get the final approval of 2/3 of founder member for the first ten years.

13.2 In all cases notice for any proposed amendment shall be communicated to each member of the annual G. Meeting at least 14 days before the date fixed for the debate of the proposed amendment.

13.3. The executive committee shall have powers to make and amend the by law provided that such amendment are laid before and approved by the annual G.M. prior their becoming effective.

APPOINTMENT OF STAFF

14.1. The executive committee shall appoint the executive officer for the association following interviews and recommendations by the Management committee at the following A.G.M. or E.G.M. and delegates shall be informed of the appointment.

14.2. The Executive officer shall be responsible to the Management committee through the chairman and shall refer to the Management committee for detailed directors.

14.3. Other senior officers shall be interviewed and appointed by the Management committee shall be informed of the appointment. Provided that no appointment shall be made unless it has been provided for in the budget

PART. VI

Financial year

Financial year of the association shall be the calendar year.

15. FINANCIAL ARRANGEMENT:

- Source of finance

- Accounting and Auditors

1. The funds of the association shall consist of entrance fees, annual subscriptions, grunts donations trading surpluses and funds from any other sources available to the association.

15.1. The fund of the association shall be devoted only to the promotion of stated objects of the association, he running of the association and such other purpose as are set out in this constitution.

1. The Management committee of the organization shall prepare the estimates of income and Expenditure for the next ensuring year in such detail as is appropriate for discussion and comment by the executive committee.

The estimate must be submitted to the association’s General meeting for approval before the commencement of the period to which the estimates relate.

2. The association shall not in our expenditure exceeding that provided in the estimates provided always if there are votes likely to exceed the limits of the estimate then a supplementary budget must be prepared and approved by the General meeting before expenditure is inhumed.

3. Expenditure must always be authorizes by at least two responsible of the association.

4. The books of account of the association must be kept up to date Final Accounts and Balance sheet must be ready for audit within a period of three months after the close of the financial period.

The Accounts must be presented to the Executive committee within a period of six months after the close of the financial period and to the General Meeting within a period of twelve months after the close of the Accounting period

5. The employment of the Association’s financial head shall be in format with the requirements of the National Board of Accounts and Auditors.

6. The External Auditor shall be appointed at the Annual General meeting.

7. There shall be statuary reserve Fund at the rate of not less than 20% of the net surpluses retained in any one year determined after Audited Accounts

8. After provision for statutory Reserve has been made the remaining balance of net surplus together with any sum available for distribution from previous years may be decided upon by the General Meeting for distribution as follow:-

(1) Contribution to any charitable, educational medical or any other relevant purpose.

(2) In payment of 30% honoraria/bonus to Executive Committee and other unsalaried employees of the association

(3)In any other approved by the General Meeting.

12: The balance of net surplus remaining after distribution shall be carried forward to the following year

12. The reserve fund created in sect 9 shall be utilized in business of the association for capital expenditure.

23. The association shall enter into contracts which have prior approval of the General meeting

       The contract shall always be signed by the chairman and Executive Director or their.

14. Assistant in last they are absent.

15. The property of the association shall consist of such movable and immovable property us the association may from time to time acquire.

The associating must keep an inventory/ property Register to record the property of the association

16. The executive committee shall prepare financial activities.

Rules:

18. The Executive committee shall provide for the safe custody of the seal. The seal shall be used only by the authority of the Executive committee and any Instrument to which the shall be affirmed shall be signed by any two officers of the Association.

Register of member:

19. There shall be a register of members who will be given identity of membership valid and subjected to membership regulation. No claim in of be a member without an identity with receipt of full paid fees. The register shall be kept at the headquarter of the Association and should appear in any A.G.M. or E.G.M.

Dissolution of the Association:

20. If upon winding up or dissolution of the organization there remain after the satisfaction of all its debts and liabilities of any property whatsoever the same shall not be paid or distributed among the members. But shall be given or transferred to some other institution having object of similar to the association and which shall prohibit the distribution of its or their income and property at amongst or their members to an extent at least as great as imposed on the Association.

The Fonder members shall decide if seemed reasonable to handle property of the Association to charitable objects to be determined by the founder members