Chapter
1
INTRODUCTION TO THE CONSTITUTION
1. Interpretation
All
words and expressions used in this document are consequently defined as set out
in the Sections below. The following words or expressions shall have the
meaning respectively assigned to them below:-
a.
“AGM” means the
Annual General Meeting of this Association which shall have the period of
twelve months hiatus to hold. Beginning on every January 1st, and
ending on the following 31st December. That means the meeting will
be expected to hold between January and February, every year.
b.
“Constitution” means the ‘Farmers
Cooperative Associations’ regulatory document as unanimously accepted and
approved for use by the members of the Association commencing on the 7th
of January, 2013., which can be amended from time to time, with a vital reason.
c.
“HE/SHE” here means same
as the affiliated members/co-operative Societies registered with this Association.
d.
“President” the president shall be the
head of the Association. And this position shall be contested for by any
interested members of the group who feel he/she is capable to pilot the affairs
of the Association. Therefore anybody that wants to work in this capacity must
be a full time farmer, (someone that must be available whenever his/her
attention is needed).
e.
“ACFA” means All Co-operative
Farmers Association, Edo State. As can also be referred to as Association of
Co-operative Farmers, or Farmers Co-operative Association, Edo State.
f.
“Vision Bearer,
Live Patron (VIBLIP)”
the VIBLIP of this Association shall be the member of this group who have seen
the full benefit of coming together as an Association and spread the progress
news to others who later became members of this Association. This position is
not rotational, nor to be contested, complemented or amended. And it is
different from the position of Live Patron of the Association.
g.
“Special Life
Patron (SPELIP)”
the SPELIP of this Association shall be the member of this group who have labored
assiduously by collaborating with the VIBLIP to achieve success and development
of this body. The VIBLIP and SPELIP positions are very important and sensitive to
this Association. Hence, it will never be classified among the contestable
positions (positions to be contested for). The person considered to be the collaborator
or someone who had play fundamental role towards the success of ACFA only shall
be eligible for this SPELIP position..
h.
“ACFA” All Co-operative
Farmers Association, Edo State.” this shall be the name of this
group. ‘ASSOCIATION’ in this context mean ‘Friendly coming together’ while “CO-OPERATIVE”
‘here mean, persons who have develop the habit to help one another’ “FARMER”
used here in relation to this Association
mean ‘cultivators’. In summing up the various words used in relation to the
purpose of founding this Association, we could say that this Association is a
Co-operative Farmers Community Association, Edo State. That is, they have
brought themselves together as good friends to set up a community made up of
persons with the intention to help one another, in the area of agriculture.
i.
If there shall arise any doubt regarding the meaning
or intention of any of the words used in this constitution, please consult the “Code
of Conduct” or the “Exclusive paper” of this Association. Or otherwise, refer
the matters to the Honorable Commissioner for Youth and Sports, for Ruling.
2.
Name,
Address and Area of Operation
a.
This amalgamated group
shall be called ALL CO-OPERATIVE FARMERS ASSOCIATION,
EDO STATE. (ACFA)
as registered with the Ministry of Youth and Sport, Edo State. And the official
address shall be 262 UPPER EKENWAN ROAD,
UGBIGHOKO QUARTERS, BENIN CITY, EDO STATE.
b. This
Association Of Co-operative Farmers, Edo State, having
solemnly resolved to live in unity and harmony as one indivisible and indissoluble
organization under Jehovah’s guidance, and dedicated to the promotion of ideas expected
to lead to the success of all its members/affiliates and has anticipated to
operate in all the Local Government Areas of Edo State, within the Nigeria boundary, the Africa continent and the world at large; In order to promote
the state, national, and international Co-operation and understanding, among
the co-operative enthusiasts.
And to provide: For all members
of the Association a constitution for the purpose of promoting the good
intention of the VISSION BEARER of this alliance, and to be concern with the
welfare of all its registered members on the principles of freedom, equality
and justice. For the
purpose of consolidating the progress of all members/affiliates of this
conglomerate. Its motto shall be “Great Farmers! Great
Nation….. No Farmers! No Food….. No Food! No Life…….”
3.
Supremacy
of the Constitution
A. This
constitution is supreme and its provision shall be binding on all the
authorities and members that are registered with The All Co-operative Farmers Association,
Edo State. Throughout the local government area, the state,
nation and the world at large.
B. All Co-Operative
Farmers Association, Edo State. Shall be governed only by persons
that come into service/authority in accordance with the provision of this
constitution.
C. This Association shall operate in
all the 18 Local Government Areas of the state, which shall be categorized into three zones, as follows:-
1.
Edo South zone
2.
Edo Central Zone
3.
Edo North Zone
D.
There shall be, for this
Association, seven
members of Executives, of which the Secretary is a member.
E.
The Trustees of this Association
shall consist of the president, secretary and one other person,
as may be approved by the executives. They shall be saddled with the
responsibilities to meet from time to time in order to run the business of the
Association, effectively and profitably.
F.
There shall be an appointment letter
to be addressed to every member who have been voted for or appointed to serve
in the position of executive of this Association. It shall be certified by the
beneficiaries that he understands what the assignment contained, and that
he/she still wish to accept it. By signing the document will attest to the fact
that he/she understood what his assignment mean ‘Putting the Interest of the
Association, above other responsibilities’.
4.
Aims and Objectives
The aims
and objectives of the ALL CO-OPERATIVE
FARMERS ASSOCIATION
shall be;
1.
To engage in thrift/credit operations and other
transaction that is geared towards
assisting all members of this Association
financially.
2.
To engage in any agricultural undertakings
that will spur up the interest of all
members of this Association into developing
more concentration for this venture.
3.
To assist small scale businessmen/women with
micro loan to boost their Businesses by organizing them into clusters to form
co-operative entrepreneurial groups. And to bring the women together to form groups
in order to care for the need of all women, affiliated to this Association.
4.
To undertake simple processing, packaging
and marketing of co-operative farm products.
5.
To create avenue for peaceful coexistence
among all its members and individual Farmers in the State.
6.
To primarily operate on the principle of
self-help in every aspect of our economy.
7.
To stock and distribute consumers
commodities to the communities at reasonable prices. To engage in
import/export, act as manufacturers’ representatives and to operate transport
services.
8.
To provide effective and profitable
agricultural services to all, and to market/distribute fresh and original
foodstuffs direct from the farm to interested customers, in HOME service
transactions.
9.
To
be present in every Agricultural and Co-Operative Meetings, Seminars, Workshops
and Summit organized/held in the
instance of promoting the welfare of all co-operative farmers in the state.
10.
To
encourage and assist in giving our members the privilege to complete their
secondary school course, if he/she so wish for this assistance. As we will set-up
Adult school for our farmers in the ACFA farming Communities.
11.
To become a member of any National or
international Association whose objectives are whole or similar to the objects
of the Association.
12.
To
print, publish and distribute to members newspaper or other publications
designed in the
interest
of promoting co-operative principles and practice.
13.
To
organize and congregate all co-operative farmers in the state, assist them to Acquire
Lands/Building for use, to affect the life of the general public positively,
and to undertake any civil works.
14.
To
engage in oil field services and any other engineering/construction works.
15.
To
protect and defend all co-operative farmers in the state, by making meaningful
representation to
the Legislative, Executive and the Judiciary.
16.
To operate one of the most potent means of
capital accumulation, through the savings of
members.
17.
To
carry out any other activities designed to encourage the spirit and practice of
cooperation,
and to promote the business and lifestyle of all members of this Association.
5.
Our
Mission
Our
mission shall be to make sure that all Co-operative Farmer in the state speak
collectively as one indivisible and indissoluble entity. As this will assist in
appreciating the individual effort put in, to addressing the problems affecting
both the individual and co-operative farmers registered to this Association, in
the State.
6. Membership and Liability
The membership of Association shall
consist of;
1.
Members
who joined by means of registration.
2.
Members
admitted in accordance with this constitutional provision.
7. Qualifications to becoming a member of The Association
Every member of The Association Of Co-Operative
Farmers, Edo State must be;
1.
Discipline,
honest, and loyal to the rules of law of The
Association as
stipulated in this constitution, and the Associations Code of Conduct.
2.
Members’
groups must be made up of mature mind of not less than 18 years old. They
should be enterprising and business like.
3.
Members
must be ordinarily residence in Edo State, but in the case that a member leave
the area of membership of this Association; he/she may retain his/her
membership therein. But may not borrow there from, excess of his/her capital.
4.
Members
of this Association, must be truthful, self-employed and someone who is
motivated and passionate about farming as a business.
5.
Intending
affiliate members must be good listeners. They must never at any time be rude
to any member of the executives, and must listen carefully before commenting in
the meetings.
6.
The
Association wished to be made up of people who do not say what they cannot
establish the fact. This attracts a fine.
7.
This
Association will never admit groups or Societies who already is a member of any
organizations of which its aims is in any way, similar to that of this
Association. If the group, Society or organization still wishes to affiliate to
this Association, he must therefore resign his membership with his previous organization.
8.
Requirements
for admission
a. Application form
shall be collected from the office Secretariat for the sum of non-refundable N500= (five
hundred naira only)
b.
An
application for membership which must be attached to the form shall be made in
writing and conveyed through the Secretary whom, shall disposed it of to the
executives who may grant or refuse admission of such application which they assumed
is not qualified to be a member of the
Association.
c.
An
appeal can be made through a member to the general meeting, if the executives
refuse his/her application.
d.
Every
member on admission shall provide a comprehensive list of the name of their
members and the activities they have embarked on so far, since the formation of
the affiliating group.
e.
The
affiliating co-operative society shall subscribe to the associations’ identity card,
which certifies that they are bonafide member of the All Co-Operative Farmers Association, Edo State (ACFA).
9.
Termination of
membership
Membership shall be terminated;
1.
By death.
2.
In case of
permanent insanity.
3.
If not
willing to obey the rules and regulations of the Association anymore.
4.
If he ceases
to reside in the area of operation as described in this constitution.
5.
If a member of this Association
is found to belong to another group of which its aim is same as that of this Association.
6.
If he ceases
to hold one full capital share with this Association.
7.
If he
willingly decides to withdraw from the Association, but must convey the notice
to the Association through the secretary. So that his record can be checked
whether he/she is owing, or a surety to any other person.
8.
If deceit,
lies, double game, is found in him/her. And if he/she is found to be
prejudicial.
10. Past members liability
a. If
a member seizes to be an affiliate of this Association, he shall be referred to
as a past member. And he shall be liable for the debt owed by this Association,
if the debt was incurred when he was still a member. He is free from such dept
only if the fact shows that the dept was incurred two years after he ceases to
be a member.
b. The
property of a member group who determine to terminate his membership with this
Association, shall be liable for the dept owed by such group to the Association,
if it is confirmed that such property existed within the period he was a member
of the Association till his intentions became known, Or within the period of
two years after his intention had been known.
c. If
a member owes the Association at the time of account check and balance, whether
present member or past member, his money with the Association will be used to
offset the dept owed. If he has no savings with this Association at this time,
other legal measures will be taken by the Association to recover the debt. Even
if it is a surety he/she stands for, for another member.
Chapter
2
The
Power and Duties of the Executives
11. Officers
The president, the Vice President
and Treasurer of the association shall have the period of three years to operate
and shall resign at the Annual General Meeting which falls on the third year
from the date he/she was elected into office as official of the Association,
but shall be eligible for re-election. If not re-elected, they shall function
as ex-officio members of the executive. What the co-operative sector has been
missing all these while in this part of the globe has been their ability to make a clear distinction between
the “management” and “governance” of the movement. The president there to govern, why the
secretary/manager is to manage. Any vacancy arising due to the death of a member of the executives
elected at an executive Meeting shall temporarily fill removal, withdrawal or
transfer of an officer.
The officers shall consist of the
following;
A.
president
B.
Vice
president
C.
Secretary
D.
Treasurer
E.
Head
of Coordinators (HOC)
F.
Task
force chairman
G.
Public
relation officer
H.
Farm
Manager
I.
Assistant
treasurer
J.
Assistant
farm manager
12. Duties of the officers and the secretary
i.
President; the
president shall preside at all general and executive meetings of the association,
and shall have the power to convey meetings. Therefore anybody that intends to function
in the capacity of the president of this Associations’ must be a full time
farmer, (must be available, whenever needed) someone that must be available
whenever his/her attention is needed.
ii.
Vice President; in the absence
of the president, the vice president shall have all the powers of the
president, and shall preside in all executive and general meetings.
iii.
The Treasurer; the treasurer
shall take charge of all the money received by the organization from both its
members and from other transactions made. And shall make disbursement in
accordance with the instruction by the trustee of the Society, as recommended
by the executives. Any fund realizes by the organization, should be deposited
by the treasurer in any bank approved for the purpose by the general meeting.
All such fund must be deposited in the name of THE ASSOCIATION OF CO-OPERATIVE
FARMERS. Therefore anybody that wants to work in the capacity of the Associations
Treasurer must be a full time farmer, (someone that must be available whenever
his/her attention is needed).
iv.
Task force
chairman;
the Task Force Department of ASSOCIATION OF CO-OPERATIVE FARMERS shall be
headed by a Taskforce Chairman who will work closely with the secretary in
order to have access to the record of all the members and non members of the association
that has borrowed money from this body.
a.
The
task force chairman shall have the power(s) to seal up the business place of
any beneficiary of this association that mismanage the money borrowed or
default, in payment.
b.
The
task force department shall be obligated to serve as inspector to assist the
secretary recover any money (loan) given out to both the members and non
members of this Association, the Task force chairman will be made to lead a
team that will monitor the usage of such money by the individual or group.
c.
All
matters regarding loan recovery is strictly the responsibility of the task
force department who will closely work with the secretary, in order to achieve
this goal.
v.
Farm manager; the farm
manager shall be in charge of all activities relating to the farming sector of
this Association and will be headed by the farm manager who will always report all
its activities to the office of the Secretary/manager, for prompt response.
vi.
Public Relation
Representative (PRR); the public
relation representative of
this
association, must be a complete gentleman, a full time farmer found to be
excelling in his farming business. He must have a formal understanding of Agric
business, So that he can be able to represent the group effectively when called
upon to do so. This office will work directly with the office of the Secretary
in order to be furnished with the latest information of the Association.
Therefore the public relation representative
is expected to represent the organization anytime a representative is requested
for. Either in the media or other relevant places the attention of this body
may be required.
vii.
Assistant farm
manager;
the assistant farm manager will act in the place of the farm manager, in the
absence of the farm manager.
viii.
Secretary;
The
executives of this Association shall appoint a General Secretary. Who will be
entrusted with the management of all ventures of the Association, including
keeping in safe custody of the seal, certificate and other relevant documents
of the ACFA. Therefore anybody that wants to work in the capacity of the
Associations Treasurer must be a full time farmer, (someone that must be
available whenever his/her attention is needed).
13. Competencies (in order of
Importance)
(A) An executive should be person(s) of
high Integrity.
because his assignment requires his being honest and ethical
(B) A member of the executive must be
person(s) who have concern for others as it is very obvious that his assignment
requires being sensitive to the plight of others. In the case of their needs
and feelings.
(C) The Associations’ executive must be understanding
and helpful. Both to the people inside and even outside the Associations range.
(D) A member of the executive must be
ready to display the spirit of cooperation at free will in order to
fulfill his obligation which requires him/her, to be pleasant with others in
the process of accomplishing his responsibilities. He should also learn to
display a good-nurtured cooperative attitude.
(E) He must be patient enough to give
attention to detail because as a member of the executive, he is
expected to give true judgment to issues. Hence he is required to be careful
about details or the information’s he receives which is expected to be
forwarded to others, may have been corrupted be fore sending it. Cautiousness
in this regard will show that he is thorough in doing his work task.
(F) An executive should accept Dependability.
Since his work requires being reliable, responsible, dependable and fulfilling
obligations without regret.
14. Qualities
Required From Persons Vying For The Position Of An Executive of ACFA
Persons intending to serve in the
position of an Executive/Committee Member of this All Co-Operative Farmers Association
must be ready to display the qualities outlined below. He/she must also be free
from speculating/promulgating prejudicial stories, as this negative quality if
exhibited, can tear apart an organization within the twinkle of an eye.
This prejudicial spirit if displayed
can lead to acute jealousy known as envy. Hence anyone who urges to serve as a
member of the management team must avoid being prejudicial.
1. Must be Positive
2. Must be ready to work together with others
3. Must be receptive
4. Must be sincere
5. Must be truthful
6. Display Genuine love
7. Must be ready to serve Faithfully
8.
Must
be ready to put the interest of the Association above his personal interest.
Therefore, in their conduct of the affairs of the
Association, the Executive/Committee members shall exercise the prudence and
diligence of ordinary men/women of business and shall be responsible for any loose
sustained through acts of omission contrary to the law, the regulation or this
constitution.
Note: The various Executive positions to
be contested for in this Association will not be assigned to zones or areas;
rather it is base on the credit of the individuals and their qualifications.
And in the consideration for persons for these responsible positions, the
contestants must meet up with the specified legal requirement for vying for
these positions as outlined below.
1. Contestants must not be owing the
Association.
2. He must be a regular and financial
member of ACFA.
3. He must be known to be free of
prejudice. (should be of good standing with ACFA)
4. He must be well acquainted with the
principles and structure of the co-operative movement.
5. Every contestant must be known to be
truthful, sincere and determined to work towards the growth and development of
the Association.
15. Duties s of the Secretary/Manager
The
duties of the secretary have been assigned as follows;
1.
To
summon and attend General Meetings, executives, and Committee Meetings
2.
To
manage the affairs of the association in accordance with the principles and
structures of the co-operative society movement as approved by the
International Co-operative Alliance (ICA)
3.
To
maintain correctly and up-to date the prescribed books and registers.
4.
To
procure from borrowers the due execution of bonds with security
5.
To
prepare all receipt, vouchers and documents required by the regulations
Or the constitution or called for by the
executives.
6. To
sign all relevant documents on behalf of the association and conduct its
correspondence.
7. To
record the proceedings of such meetings and have them duly signed.
8. To
prepare and submit to the Committee the Annual Accounts and Statements
9. To
certify copies of entries in book under section 21 of the co-operative Bye-law.
10. To
supervise the transactions of the organization and to spell out the penalties
for all offence committed by any member (s) of the organization.
11. To
hold in safe custody the Seal and relevant document of all the dealings of the association,
including the Certificate of registration of the ACFA Association.
12. To
perform such other duties of managing the affairs of the association
effectively, or other responsibilities such that the executive of the
association may delegate to him.
16.
Qualification To The Executive Offices
1.
The president; A person shall be qualified for the
election into he office of the president if:-
a)
He
is legitimate citizen of Edo State by birth.
b)
He
is up to the age of 30 years.
c)
He
has been educated up to the Primary
School Leaving Certificate or it’s equivalent.
d)
He/she
is willing to uphold the ability to give attention to what others are saying
and to give positive response to it. And to adjust his/her actions in relation
to the action of others, in order to be able to manage his own time and the
precious time of others.
e)
He
must be free of prejudicial character of any sort and must be full time Farmer.
2.
Vice-President; same as president
3.
Treasurer; A person vying for election into
the office of the Treasurer:
a. He must be legitimate citizen of Edo
State by Birth.
b. He must be up to the age of 30 years
and,
c.
He
has been be educated up to the Primary
School Leaving Certificate or its equivalent.
d. Must be free of prejudicial
character of any sort, and must be full time Farmer.
4.
Secretary; A person to be appointed into the
office of the Secretary,
a. Must be a legitimate citizen of Edo
State by Birth.
b. He must be up to the age of 30 years
and,
c.
He
must have been educated up to the First
School Leaving Certificate or its equivalent.
d. Must be free of prejudicial
character of any sort, and must be full time Farmer.
Note: this will be applicable to other relevant positions of the associations
as certified by the
Executives.
17.
The Women Should Be Empowered To
Obtain Their Targeted Full Objectives
Women, a viable tool for economy
stabilization have not fully been empowered to demonstrate their skills as it
relates to community development and human management. This act of seclusion
has not essentially allowed them to exhibit to the full, the gift of nature
imbedded in them, the various governmental authorities therefore should
recognize the fact that for reality, women have important role to play in order
to promote the economic stability of their immediate environment, locality,
communities, states, and the nation in-general.
Because of this undisputable fact, the All Co-Operative
Farmers’ Association, Edo State has resolved to empower women as recommended by
the Associations’ Constitution Drafting Committee, and approved by the general
house. The followings are some resolve made;
a. That AFCA women will be ascribe
their proper place in the scheme of things,
b. That AFCA women will be given the
opportunity to occupy about 20 – 25% of the seat of executives of the
Association.
c. That appropriate sensitization will
be made to enable women understand the system of operation in this Association.
d. That an arm will be set up in the
Association to be operated by women themselves, which will be known as Co-operative
Women Marshal (COWOM) they shall be the representatives
of all women farmers and entrepreneurs operations in the state. If this is
done, they are sure to help the movement identify the felt need of all their
members, and to make sure they are wholly being represented.
Some other ways to empower women as
recommended by the All Co-operative Farmers movement, is for women to be
ascribe their proper place in the scheme of things, which otherwise could mean
that women should in practical zing made to occupy to 20% of the seat of the
executive of the Association of
Co-Operative Farmers.
The general view of women is, if
they are fully mobilize, and given the clout authority) to operate
independently with all the required assistance rendered, they will be able to
identify the peoples felt need which will enable them to know the appropriate
program to set-up in order to meet the need of the people, one on one or
attending to them individually. Such inclusion of women into community
development programs will bring out the potentials in them. This will give them
joy as they are no more sidelined.
Chapter 3
18. CONSTITUTION AND THE DUTIES OF THE GENERAL
MEETING
The
ultimate authority under the law in all the affairs of the ASSOCIATION OF
CO-OPERATIVE FARMERS, Edo State, shall be the general meeting. But, the
Trustees shall meet from time to time or at least once in three months to
review and direct the work of the association.
Meeting
Attendance:
It is
the duty of all registered members of the ASSOCIATION
OF CO-OPERATIVE FARMERS to attend all schedule meetings. Failing to do
so;
i. Fine
will be impose on any member who fails to attend any meeting
Called
for by the executives, the secretary, the president, or the VIBLIP of this Association.
ii. All
matters shall be decided by a majority vote by members up to one forth
of the
members in attendance. When such matters are decided, each member shall have
one vote only. In all the meetings.
iii. Therefore,
meeting attendance is a major requirement for any group that
have decided
to be a member of this ASSOCIATION OF CO-OPERATIVE
FARMERS.
19.
The
duties of the ordinary general meeting shall be as follows:
(1)
Suspend or remove from office any
member, officer or member of the executive who erred, in accordance with the associations
constitution.
(2)
Confirm the admission or expulsion
of members.
(3)
Fix the rate of interest to be
charged on loans to members;
(4)
Ratify the appointment of the
Secretary on the recommendation of the Executives. But members must have a
logical reason to support such move.
(5)
Dispose-of
any other business, duly brought before it.
20.
Powers
And Meetings Of The Executives Of All Co-operative Farmers Association, Edo State
Meetings of the executives shall
be held when necessary and at least once a month. The attendance of such
meeting will be at least, five members to be able to dispose of any business.
And the executives shall exercise all the powers of the association, except
those reserved for the general meeting. Subject to any regulation or
restriction duly lay down in the associations’ constitution by the general
meeting. The executives shall have the powers stated as follows;
(1)
To observe in all their
transaction the constitution the regulation, and the Bye-Laws.
(2)
To ensure the maintenance of true
and accurate accounts of money received and expended, and all the assets and
liabilities of the Association. To make sure they are properly entered into the
Ledger or relevant account books
(3)
To make sure the register of
members is kept correct and up-to-date.
(4)
To present to the annual General
Meeting an income and expenditure account and an audited Balance Sheet;
(5)
To examine the accounts, sanction
contingent expenditure, and supervise the maintenance of the Associations’
register.
(6)
To consider the inspected notes
of the Government Staffs and take necessary action;
(7)
To recommend the admission of new
members subject to the confirmation of a General Meeting.
(8)
To arrange for the recovery of
share installments and interest on overdue installments.
(9)
To summon General Meeting.
(10)
The
executive committee shall have the power to set up representatives in the Local
Government Areas and Zones. The LGA shall be referred to as Area while the
Zones will be called zone. The Association will be represented in all the L.G.A
areas by area Coordinators and represented in the zones by Zonal Coordinators.
(11) To contract loans subject to any restriction
imposed by General Meeting, the president or the VIBLIP of the Association.
(12) To decide the terms on, and the periods for which
loans are to be given and to approve or reject the security offered by
borrowers.
(13) To remind the secretary/manager to arrange for the
recovery of loans and interest and to sanction renewals when necessary.
(14) To decide the terms of, the periods for, and the
rates of interest at which deposits and loans from non-members are to be
received, and to arranged for the payment or return of such deposit or loans.
(15) To decided
the terms of purchase and sales of any goods or stock which the Association may
require for its members and to arrange for the sales and the safe custody of
such assets while in stock.
(16) To critically observe that members/borrowers
utilize the loans for which purpose it was requested for.
(17) To assist in the inspection of the books by any
person/agent authorized to do so.
(18) To institute conduct, defend, compromise, refer to
arbitration, or abandon legal proceedings by or against the Committee, its
Officers or employees in matter concerning the affairs of this Association.
(19) To take necessary action regarding debtor or
delinquent members
(20) To carry on the business of the Association, watch
over the interest of its members, and to set an example of keenness and
co-operative spirit to others who are not yet members of the Association.
(21)
The All
Cooperative Farmers Association, Edo State shall act as an agent on
behalf of
all co-operative Farmers, and Small Scale Entrepreneurs in Edo State of Nigeria
for easy facilitation of any kind of incentives and information’s to all Cooperative
farmers in the state.
In their conduct of the affairs
of the organization, the executives are expected to exercise the prudence and
diligence of ordinary men/women of business and shall be responsible for any
loss sustained through the acts of omission contrary to the laws, the
constitution, and the Bye-Laws.
21. Disposal
Of Contract
1.The
presence of at least one forth of the total members of the executives shall
have the power(s) to disposal of any business. Provided that, where the total
numbers of members exceeds seven, two or three members as the case may be shall
surface. But the General Secretary must be aware and fully involved.
2.
|
3.
BORROWING: The
Executive may on behalf of the Association borrow such money as may be
necessary to promote the objects of the Association from sources approved
by the General Meeting of the Association, as recommended by the Executive
Committee.
|
Chapter 4
Finance
22.
Creation of fund
The primary source of income generation for the Association (ACFA) shall
consist of the followings;
1.
Membership
form of non refundable N500= (five hundred naira only) as the need
arises.
2.
Entrance
Fee of N5,
000= (five thousand naira only) must be paid by every cooperative
society that wish to affiliate to this Association.
3.
Every
member must be registered to the Associations’ Community farm with a non
refundable sum of N3, 500= (three thousand, five hundred naira only) to
subscribe for one acre of farmland.
4.
In
accordance with this constitutions requirement, every affiliated members of the
Association must subscribe to a minimum share of N20, 000= (twenty thousand naira only).
5.
There
shall be compulsory thrift and saving to be paid by every members of this
Association.
6.
Every
registered members of this Association shall pay monthly dues of N1, 000= (one
thousand naira only) for the running of the Association. These can
be amended from time to time.
7.
Every
member shall be made to pay project dues anytime there is a project to be
embarked upon by the Association.
23. Payment and Operation Of Shares
Every member must hold at least 20,000 full shares of the minimum of N1.00= per share, the share shall not be transferable. But divided shall be
paid to subscribers anytime there is profit realized from the business the
investment was used for.
Shares shall be paid up in not more than 6 monthly installments. Any
member may pay up the full value in advance at any time. Members not paying
their installments by the due date may be fined for every full month of
arrears.
24. Maximum on Share Holding
No member shall hold more than one fifth of the number of shares paid,
by a member group. If any member, by Inheritance or otherwise, become possessed
of more than the maximum share permitted, the executives, may sell the excess
or buy them on behalf of and for disposal by the Association.
25. Confiscation of Shares
Shares shall not be
unconditionally withdrawn; but if at the end of the financial year the association
financial situation is favorable, the executives may repay to any member whose
membership was terminated during the year a sum not exceeding the amount paid
by him on account of shares, when a written document has been effected in
respect of the groups withdrawal from the Association. Provided that not more
than five percent of the total paid share capital shall be returned back to
investors in any one year without the VIBLIP permission-
26. Loans
a).
Deposit and loans from
non-members;
The Association shall not incur any liability towards non-members in
excess of the sum equal to three fourths of the total cumulative value of the
paid up share capital, all reserves and Thrift savings, and shall not begin to
accept any such deposits or loans from non – members.
b).
Loans from External Body; The All Co-Operative Farmers Association can seek for
loan from any external body provided majority of the executives of Association approves
of it to cater for the need of its registered members.
c).
Interest
on loan to non members;
The rate of interest the Association shall pay to
non-members on loans or deposits to the body shall not exceed 6% per annum nor
shall it exceed three fourth of the rate of interest charged by the Association
on loans to members.
d). Purpose of loan;
Loans may be granted to member only for purposes,
which in the belief of the executives are productive, or necessary, and in the
best interest of the borrower. Any loan giving out; and found not to be used
for the purpose it was given to such individual/group(s) shall be demanded back
from the borrower, without prior notice, by the executives of this Association
(complete with all its interest).
e). Application for loans;
Application for loan shall be made through the
secretary and disposed of by the
executives.
f). circumstance surrounding giving/approval
of loans;
No
loans shall be granted to:
i.
Any individual other than a
member of the Association.
ii.
Any member whose installments of
shares are still pending.
iii.
Any member who has not paid
thrift savings under section AP3
of this constitution
g).
Loans to members;
No loans shall be granted to a member within a
month of his admission by the executives except in the case of the transfer of
an existing loan of a past member to his nominee or other successor in interest
who is or become a member of the Association.
h).
Loans to other registered Society/Associations
With the prior approval of one third of the
executives of this Association, a loan may be granted to another registered
society/Association’s who may have not been affiliated to this Association.
i). No loans shall be approved
for any member;
1.
For a
period exceeding the time limit fixed by the executives of
the Association
2.
If it will
make a member’s debit at the time of the loan
to the amount to be borrowed
exceeds his maximum credit limit.
3.
Unless
approved by majority of the members of the executives
who were present in the meeting at which the
approval was considered.
j). Amount to be paid as Interest
on loan to members
Interest on loan to members shall be charged at a
rate to be fixed by the Committee annually and approved by the General Meeting,
but shall in no case exceed 20% per annum. In the case of default in repayment
penal interest shall be charged at twice the nominal rate.
27.
Uses and custody of funds
The fund of this Association
shall be called trustee fund and it shall be utilize for the purpose of
developing the activities and programs of the Association.
28. Investments Such of the funds of the Association as are not
required for currents use may be invested in any manner permitted by Law as set
out in this constitution, or for other purpose considered to be beneficial to
this Association and its members.
Chapter
5
29. Marketing Members
Produce
To
thrive in achieving the target of acquiring and effectively marketing all
members produce realized from the Associations Community farm, as outlined
below, the following must be accomplished;
1. The president, secretary, H.O.C and
the VIBLIP of this Association shall be entitle to a means of mobility i.e.
motorcycle, car. etc. to enhance fluent operation of this Associations’
transaction.
2. The Association shall make sure all
required official provisions available to make sure they are connected to the
web services, n order to promote the goods and services of ACFA members’ goods
and services.
3. The farmers Cooperative Community
farm will be operated by the design made available by the secretary of this
Association and approved by the members.
(a)
The Association shall decide
which produce it shall market and shall
make plans ultimately to market such goods for all such registered
members.
(b)
When
the Association has decided to market any particular type of
Produce for its members, it shall be bound to sell that produce primarily
to interested members otherwise can market to external organizations.
(c)
Members shall take steps to ensure that their
produce is of the
highest quality and free from adulteration. Produce, which falls below
the standards set by the Association, may be rejected and the erring Society/member
shall be disciplined appropriately.
(d)
The
Association shall have genuine measuring scales or other means
of measuring produce and shall give member a receipt showing the weight
volume or other measure, and the value of the produce after deducting toll, if
necessary.
(e)
The Association may either pay
the member the value of the produce at the time of purchase or the benefiting
co-operative society may wait until the Association has sold the produce, or
may pay an installment of the value as the member may decide.
30.
Budget/Appropriations:-
i.
A
budget of anticipated revenues and expenditures for the ensuring year shall be presented
by the executive directors of this Association and shall be submitted to the
Annual General meeting for approval.
ii.
No
resolutions shall be introduced nor declaration made at a meeting of the
Association of the executives or Committees or at any other meeting under the
auspices of the Association which in the opinion of the presiding officers is
contrary to this constitution, and no officers, director, employee or agent
when speaking or acting on behalf of the Association shall speak contrary to
this constitution or the Bye-law.
iii.
What The Appropriation shall contain:
a.
About
10% shall be credited to Education Fund
b.
At
least 25% shall be credited to the Associations’ Reserve Fund
c.
Dividend
not exceeding 10% shall be directed towards, or regarded as reward for members
who have paid their full membership capital share. This may be facilitated in any
particular year the Association makes good turn-over in the Ventures embarked
upon.
d.
There
shall be Five percent of the total profit made by the Association put forward
as an appreciation by the Association as will be remunerated as honoraria to
the VIBLIP of this association, annually, for conceiving and
demonstrating that farmers can manage their affairs effective, and sustainably.
e.
There
shall payment of honoraria to the members of executives who have worked
relentlessly towards the growth of the Association, as may be decided by the
General Meeting.
f.
Dividend
shall be paid to members for their savings with the Association as may be
decided by the General Meeting.
g.
The
SPELIP of this Association shall be rewarded with three percent of
the total profit made by the Association
h.
10%
of the net surplus shall be directed towards charitable purposes.
i.
The
balance shall be credited to any developmental, propaganda, insurance or other
funds authorized by the General Meeting. Dividend shall not be paid to any
member while any claims due from depositor or lender remain unsettled.
NOTE: There shall be constructed in the
farm community;
1.
A
Ware house.
2.
A
cottage/processing mill, which shall accommodate Drying machine, Packaging facilities,
and etc.
3.
There
shall be constructed blocks of offices to be utilized by the various working
officers.
4.
Main
Hall for meeting Seminars and workshop shall also be constructed in the
co-operative farm community.
5.
The
Association shall be responsible for the sales, purchase, processing and
marketing of all produce from the farm.
6.
That
as All Co-operative farmers Associations representatives, our tentacles drape all
features of Agriculture. Ranging from any kind of Animal Husbandry, Tree Crops,
Cash Crops, Arable Crops etc, cultivated in Edo State.
Chapter 6
31.
The Decree
CD1.
Issues
discussed in the executives meeting which has not been approved by the
executives
or the president shall not be convey to members, i.e. if the executives are working
on modality to purchase a large expanse of land to be distributed to all
members at a considerable price, must not be put across to anyone, except to a
member of the executive, until the person so appointed makes it public.
Violators will be punished according by the specified law.
CD2.
The
president shall not be allowed to transact any business in the Name of the
Association
single-handedly. Neither should he receive goods, incentives, or other benefit
aimed towards ameliorating the plight of the members of the Association without
the knowledge of, or involvement of one or two other executives. Of which the
Secretary should be one. And should not be found to be diverting the business
of this Association, or agreeing with others to divert/convert a business
directed towards this Association.
CD3.
Business
aimed at improving the lifestyles of All Co-Operative Farmers
Association
directly or indirectly must never be re-directed to the custody of any
individual in the Association, Except a unanimous agreement was first reached
by the executives. As violators will be punished according to the law.
CD4.
The
section of this constitution that relates to the positions of the VIBLIP
and
SPELIP
of this Association, shall never be amended nor adjusted, unless more
recognition is going to be attached to it.
CD5.
Absenteeism
shall never been entertained from any registered members of this
Association, as it attracts fine. Late arrival to meeting
will pay a fine.
CD6.
This
Association shall not condone members’ failure to pay his Thrift,
dues, and other gainful due and savings. As failure to pay
up regularly attract
price.
CD7.
Noise
making in the meeting/phone ringing shall strictly be prohibited. As the
meeting
is a place were like-minded business oriented individuals collectively come
together to finalize their contract. Hence noise may cause distraction.
Therefore offender shall be made to pay a price for the breach.
CD8.
Insulting
one another in the meeting shall be regarded as a serious offence by
this
Association, and shall attracts fine. As both parties except one kept quiet or
does not respond. This later one shall be free of the fine.
CD9. The divided paid on shares shall not exceed 5% and no dividend shall
be paid if any overdue claim to a
depositor or lender remains unclear.
CD10.
|
/pg. 17
|
|
|
32.
PENALTIES
The General Meeting of this Association shall
impose fines on members and staffs that violates the rules and regulations as
lay down by this Association. Minimum fine will not be below
two hundred Naira (N 200.00) in any one case, for flagrant or repeated
contravention of these Laws or Decrees.
AP1.
Any executive who reveals the
confidential matters of the Association without prior permission by the appropriate authorities shall
be expelled from the Association and all his previous dues and benefits shall
be confiscated.
AP2.
The president or any member of the
executives who divert, plan to divert, coalesce with others to divert or is aware
of the plot to divert programs/projects directed towards the Association. Shall
be fined N10, 000= (ten thousand naira only), queried, or suspended from his
office. Or may attract all aforementioned punishments.
AP3.
Any member group who fails to pay
his Thrift/Dues, Savings consecutively for three months shall be suspended,
unconditionally, from the Association, for failure to meet up with his membership
obligation(s). If negotiations for reinstatement is started, the group shall be
made to pay three (3) times what he owes. Such group may not benefit from any
incentives from the Association henceforth.
AP4.
Absenteeism from meeting for 6
consecutive times attracts suspension from the
Association.
AP5.
If it is found out that any
executive of the Association of Co-Operative Farmers is going into contract
with any individual, organization or governmental parastal in lieu of the
Association without the knowledge of one or two other executives of which the
secretary should be one, will lead to the suspension of such person. Pending,
the outcome of the committee so set-up to investigate the purpose for such
actions.
AP6.
Absenteeism from meeting for 6
consecutive times attract fine of N2, 000= (two
thousand naira only) or suspension
from the Association, pending when the fine is paid, and they prove to be of
good behavior.
AP7.
Fine for late arrival to meeting
will be decided by the members present in that
meeting.
AP8.
If any business transaction or
contract embarked upon by this Association fails because the treasurer becomes
inefficient, he/she shall be made to refund the total gain expected to be realized
from such business by the Association, be suspended for six months, be expelled
from the Association. Or may attract all aforementioned penalties.
AP9.
Noise making in the meeting attract
fine of N200= 9 (two hundred naira only).
AP10.
Phone ringing in the meeting is
fined at 200= (two hundred naira only).
AP11.
If members/executives are found to
bandy words with each other in the meeting shall attract fine of N2, 000= (two
thousand naira only). But if in a public place or when members or executives
Insult themselves, they will pay fine equal as same as above.
AP12.
Arresting
your fellow member for any reason, without first reporting the matter to the house, attracts the fine of
suspension or membership termination from the Association.
Chapter 8
33.
Miscellaneous
Provisions
Improved farming and supply of
consumer goods
a.
Members, in the General Meeting of
this Association, shall decide what better methods of farming are to be adopted,
after seeking the advice of the Officer of the Ministry of Agriculture. They
shall also undertake simple increased cultivation wherever possible;
b.
Member who fails to adopt any
latest means of cultivation, approved by the General Meeting may be Penalized,
or expelled from the Associations’ Farming Community.
c.
The Association shall purchase
for supply to members such equipment, seeds or other Agricultural supplies as
are necessary for the development of members’ farms. Where the members are not
in a position to pay cash for these supplies, the value of the materials may be
treated as a loan under ACFA constitution.
d. The Association shall receive/stock on behalf of all co-operative
Farmers in the state in order to distribute/sale to members/general public for domestic
and personal use, fertilizer, seeds and any other kind of in-puts, or any
financial assistance for all members of this Association. Including
agricultural Grants.
e. The Association shall include food-stuffs or its like among such food supplies
that may be supplied to members on credit. Member may not benefit from these
incentives if the member is indebted to the Association.
34. Sureties
Surety shall be the person/group
or organization who volunteer
himself to be held responsible if the person/group
he is standing surety for, fails to pay back any assistance rendered to him.
A surety must be a
reputable member of the Association, but not an executive. He shall personally
guarantee;
(i) Repayment of the loan if the borrower defaults;
(ii) The correctness of the particulars on which the
value of the borrower’s securities are based;
(iii) That the loan is used for the purpose stated by the
borrower in his
application. If misuse is noticed, the surety
should report it to the executives,
immediately.
(iv). All loans so approved shall
be subject to the right of the Association.
And repayment
can be called for, immediately misappropriation is noticed. Or in the case that the borrower
gives an indication of resignation.
35. Books and Account Records
A.
The books accounts registers and
papers of this Association shall be open at all reasonable times for inspection
by members of staff of any accredited Offices for the purpose. Provided that no
other person, whether the Associations’ executive or members shall be allowed
to see the personal account/record of any other member without that member’s
consent. Copies of the Association constitution, the regulations and of the
co-operative society Bye-Laws shall be available for inspection, at all
reasonable hours, as these contain the registered address and other
information’s of the Association.
B.
Each member shall purchase from
this Association a passbook showing particulars of his personal activities/account
with the Association.
36. Informal books
The Secretary shall not keep any
book that does not have a direct dealing with the affairs of the Association or
its members except those officially recognized and prescribed.
37. Receipts
It shall be
the duty of every member;
A. To insist upon obtaining from the Secretary a separate printed receipt
from the proper receipt book, or such other forms of receipt as may be approved
by the General Meeting, the Executives or the Trustees of this Association for
every sum of money paid by him to the Association.
B. To sign, or make his thumb print
in the proper book, in token of receipt when ever any sum of money is paid or
repaid to him by the Association.
38. The Vision
Bearer
That
after carefully recognizing the effort and sacrifice Putin by a man who
conceived this idea of amalgamating the co-operative farmers groups, and
developed it to this logical maturity, we the members and executives of All Association Of Co-operative Farmers, Edo State (ACFA) has unanimously agreed to assign this position
of the VIBLIP of this Association to Mr.
Agbonlahor Osamuyimen. While the position of the SPELIP has been assigned to
Mr. John Obasogie
39.
Affiliation
to Other National and International Bodies
Unless there are reasons to the
contrary, the Association shall affiliate itself at the earliest possible
moment to any National and International Credit Co-operative Association,
Agricultural institutions, women affairs organizations and shall also serve and
be represented as a humanitarian group.
40. Disputes
Any dispute arising in or concerning this Association and its members
or past members shall be resolved in accordance to this constitution,
principles from the Associations Code of Conduct/Duty Ethics, or may be referred
to the office of the Commissioner for youth and Sport, Edo State for settlement
by arbitration.
41.
Certificate and seal
The Secretary shall hold in safe custody the certificate and seal of
this ACFA on behalf of the trustees. The seal shall be of a pattern approved by
the executives, AND APPROVED BY THE General Meeting. All legal documents of
this Association must be sealed, or otherwise stamped before such documents can
be considered valid for use by this Association. Document shall be sealed by at
least two of the trustees one of whom shall be Secretary.
No comments:
Post a Comment