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BYLAWS OF THE ROTARACT CLUB OF COLOMBO EAST

(Corpus Juris as per the Second Amendment Act of the Rotaract Club of Colombo East)

[Adopted on 18th June 2021]

Bylaws of the Rotaract Club of Colombo East.

Adopted by the Rotaract Club of Colombo East by unanimous consent on 18th June 2021.

Approved by the Rotary Club of Colombo East (by expressed consent of the President and

Rotary Advisor on 18th June 2021.

Article 1 — Definitions

1. Board : The club’s board of directors


2. Director : A member of the club’s board of directors
3. Member : A member of the club
4. Quorum : The minimum number of participants who must be present when a
vote is taken; a majority of the club’s members in good standing for club
decisions and a majority of the directors for resolutions of the board.
5. RI : Rotary International
6. Year : The 12-month period that begins on 1 July.
7. Member in good standing : any member having no financial obligations to
the club and deemed to be an ‘active member’ in the membership rolls of the club.
8. Club : The Rotaract Club of Colombo East
9. President : The incumbent President of the club.
10. President Elect : The President who shall take office after the
incumbent President of the club.
11. President Nominee : The President who shall take office after the
President Elect of the club.
12. Appeal Process : The system of dispute resolution and
arbitration as provided in Article 11 of these bylaws and other processes
expounded herein.
13. He/Him/His : The singular pronoun shall refer to any
member of the Club and shall be applicable in the context of the member’s
preferred pronoun.
14. Rotary Advisor : The Chairman of Youth Services of the Rotary
Club of Colombo East or any other official appointed by the Rotary Club of
Colombo East to oversee the activities of the Rotaract Club of Colombo East in
any one year.
15. Rotary Club : The Rotary Club of Colombo East/ Rotary Colombo East.
16. Member : Member of the Rotaract Club of Colombo East

Article 2 — Elections and Terms of Office

1. Election for the office of President Nominee shall be held annually prior to January
31st. In the event of unforeseeable circumstances and/or uncontrollable
restrictions that do not allow the holding of elections annually prior to January
31st, upon a resolution passed by the Board and adopted unanimously by the
College of Presidents, the election may be postponed provided that it is no later
than May 30th in the current Rotary year.

2. The President Elect shall appoint other officials to serve in the Board of Directors
and Board of Administration of the club as specified in Article 3 of these bylaws
and notify the club at either a general meeting or in writing of these appointments
prior to March 31st of the year preceding the year they take office. The President
Elect and his Board of Directors shall take office on 1 July.
2.1 In the event that the President Elect, for whatsoever reason is unable to
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assume office following the announcement of the Board (as specified in
Article 2- Clause 2 of these bylaws), his nominated Vice President shall
assume the position of President Elect and continue to serve as the
President.
2.1.1 In the event the President Elect has appointed two Vice Presidents,
a by-election shall be held in accordance with the provisions for
elections laid in Article 2 – Clause 4 hereunder, adjusted to
accommodate time as the urgency may present itself.
2.2 Should the President Elect be unable to assume office or continue in his role
prior to the announcement of the Board (as specified in Article 2-Clause 2
of these bylaws), the President Nominee shall assume the responsibilities
and tenure of the President Elect and subsequently serve as the President.
2.3 Should the position of President Nominee fall vacant, pursuant to the
provision in Article 2 – Clause 2.2 of these bylaws, or for any other reason
thereafter the Board of Directors with the affirmation of the College of
Presidents and the Rotary Advisor shall call for a new election in line with
the provisions laid down in these bylaws, adjusted to accommodate time as
the urgency may present itself.

3. Call for nominations for President Nominee shall be announced at least fifteen
days prior at a general meeting of the Club or in writing. Nominations shall be
made at a stated meeting and may be made from the house by any member in good
standing.
3.1 A member may not nominate himself.
3.2 By notion, the President, and the Secretary may not propose nominations
although they may be nominated. The incumbent President shall not be
nominated.
3.3 Once a nomination has being made by a member in good standing, the same
must be seconded by a member in good standing. The nominated member
must thereafter accept such a nomination.
3.4 Once a candidate has accepted a nomination, the same candidate cannot
propose or second another candidate without first withdrawing acceptance
of the nomination.
3.5 A member who has proposed or seconded a candidate may not be
nominated.

4. The method of election for President Nominee shall be by a simple majority of the
preferential votes of the members in good standing.
4.1 Following the meeting at which nominations are called, all Nominees shall
be interviewed prior to the subsequent meeting at which voting shall be
held.
4.2 The interview shall be conducted by a panel comprising of the incumbent
President, incumbent Secretary, the President Elect, Honorary Advisor, the
Chairman of the College of Presidents, and the Rotary Advisor and/or his
representative(s) provided that they are members of the Rotary Club. This
panel may be altered by a referendum of the Club provided such an
alteration is authorized by the sponsor Rotary Club.
4.2.1 The panel by consensus, shall appoint one official to serve as the
‘Elections Commissioner’.
4.2.2 This panel shall, by unanimous consent, have the authority to declare
for cause, any of the candidates so interviewed as inapt for office.
This declaration of inaptness shall result in the termination of a
candidate’s candidacy. This shall be final and not be subject to appeal
or review of any kind, or in any jurisdiction.
4.3 At the subsequent meeting at which elections are held, the aforementioned
panel shall moderate. Each candidate shall be able to nominate a
representative to serve as an observer during the election process.
4.4 All members in good standing who have maintained membership for a
period exceeding sixty days, counting from the date of the election shall be
eligible to vote.
4.4.1 Members wishing to exercise their ballot, shall be present, in propria
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persona, or
4.4.2 Members wishing to exercise their ballot remotely shall notify all
members of the panel (as specified in Article 2 – Clause 4.2, above),
seven days prior to the election of their intention to exercise a ‘postal
vote’.
4.4.2.1 The President of the Club shall prepare and circulate to all
members wishing to exercise a ‘postal vote’ a draft ballot
paper.
4.4.2.2 These ballots, signed by the member in question may be
tendered in writing to the Elections Commissioner,
through any media (as communicated to the Elections
Commissioner prior), provided they reach the Elections
Commissioner prior to the counting of ballots, or
4.4.2.3 These ballots, signed by the member in question, may be
carried to the election by another member in good
standing, provided that the name of the member carrying
the ballot is notified to all members of the panel at least an
hour before the counting of the ballots.
5. If any officer or board member vacates a position, the President shall appoint a
replacement for the remainder of the term.

Article 3 — Duties of Officers

1. President

The president presides at all regular and special meetings of the club and the board
of directors. The president, with the approval of the board, appoints all standing
and special committees and fills vacancies in the board of directors by appointment
until the next regular election of the club. The president is an ex officio member of
all committees. The president maintains regular communication with the sponsor
club, the district Rotaract representative, and Rotary International.

2. Vice-President

The vice president succeeds the office of president in the event of the removal of
the latter for whatever cause, and, in the absence of the president, presides at all
meetings of the club and of the board.

3. Secretary

The secretary maintains all club records, records minutes of all the meetings of the
club and of the board, and provides copies of such to the sponsor club upon
request.

4. President Elect

The President Elect of the Club shall serve on the Board of Directors in an advisory
and executive capacity assisting the President in the execution of his duties.
5. Treasurer

The treasurer shall have custody of all club funds, maintaining all necessary
records and depositing all such funds in a bank approved by the board of directors.
He shall report on the club's financial status at each meeting of the club and shall
hold all records available for inspection by any club member. All disbursements
shall be by check and with the signature of two authorized officers from among
the Trustees of the Club (as specified in Article 3 – Clause 12 of these bylaws).

6. Editor(s)

The Editor shall manage and spearhead all editorial and other related
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requirements of the Club, assisted by those Officials who are relevantly
appointed.

7. Assistant Secretary.

The Assistant Secretary shall assist the Secretary in the fulfillment of his duties
and in the event of the absence of the Secretary, shall fulfill all duties and
responsibilities associated tothe same.

8. Honorary Advisor.

The Immediate Past President shall serve as the Honorary Advisor of the Club and
shall act in an Advisory and Executive capacity in the Board of Directors.
8.1. In the event of the Immediate Past President ceasing to hold membership in the
Club, the Chairman of the College of Presidents shall serve as the Honorary
Advisor of the club.

9. Sergeant(s) at Arms.
The Sergeant at Arms shall fulfill all duties traditionally associated with the office.
Furthermore, the Sergeant at Arms shall be entrusted with the maintenance of
discipline in the Club, and shall Chair the Disciplinary Commission. The Sergeant
at arms shall be directed to act for the development of the Club by the Board of
Directors and shall be expected to execute the orders of the Board.
9.1. In the event of two Sergeants at Arms holding office, they shall Co-Chair the
Disciplinary Commission.

10. The aforementioned officials shall constitute the Board of Directors of the Rotaract
Club of Colombo East and shall be the governing body of the Club in accordance with
Article 7; Clause 2 of the Standard Rotaract Club Constitution.

11. In addition to the aforementioned officers, the President may appoint Directors to
administer the Standing Committees of the club, as specified in Article 4 below who
shall not constitute the Board of Directors, but shall constitute the administrative
body of the Club.

12. The board of directors shall be the governing body of the club, as provided in the
constitution.

13. The incumbent President, Secretary, and Treasurer of the Club shall constitute the
Trustees of the Club. They shall not be subject to removal by any process less than a
motion to impeach adopted in the Board and subsequently adopted by a two- thirds
majority of the members in good standing and approved by the Rotary Club.

14. The Board of Directors shall hold regularly scheduled meetings, at least once a month,
which shall be open to the attendance of any club member in good standing.
Members attending such meetings, however, shall not address the meeting except
with the expressed permission of the board.

15. The meetings of the Board of Directors shall be called either by the President or Vice
President who shall serve as the presiding officer at the meeting.

Article 4 — Committees

The president, with the approval of the board of directors, may appoint the following
standing committees, additional committees, or special committees as necessary or
convenient for the administration of the club, citing their duties at the time of
appointment:

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1. International service.

This committee shall identify opportunities in order to plan and implement at least
one activity or service project annually designed to create sustainable change that
directly benefits the international community, involving all or most of the club
membership.

2. Community service.

This committee shall identify in order to plan and implement at least one activity or
service project annually designed to create sustainable change that directly benefits
the local community, involving all or most of the club membership.

3. Green life Initiatives

This committee shall identify opportunities in order to plan and implement at least
one activity or service project annually designed to create sustainable change and take
action in the cause of environmental conservation, mitigation of climate change and
any other activity encouraging members to champion the cause of environmental
conservation et al.

4. Professional development.

This committee shall be responsible for developing a program designed to expand


professional networks, allow members to exchange ideas with other leaders, and build
skills through leadership training.

5. Membership

This committee shall be responsible for tracking attendance, developing membership,


promoting activities, coordinating public relations, and other matters as appropriate.

6. Finance.

This committee shall devise ways and means of financing any and all club activities
requiring funds, in cooperation with the appropriate committee and shall expand the
administrative reserves of the club.

7. Public Image.

This Committee shall in conjunction with the Editor(s) aim to develop the public
image of the club through targeted programs all in conjunction with the other
activities of the club.

8. Foundation.

This committee shall provide training opportunities, develop fundraising strategies,


and share information with the club’s members in support of The RotaryFoundation.

Article 5 — Meetings

1. Meetings of the club shall be not less than twice a month, and meetings of the board
not less than once a month, at a time suited to the convenience of the membership.
The meetings shall be called at the discretion of the board and these regularly
scheduled meetings may be set aside in the case of unforeseeable circumstances
and/or uncontrollable restrictions that do not allow the meeting to be held.

2. A majority of the members in good standing shall constitute a quorum at any


regular or special meeting of the club. Any four members of the board one of whom
must be the president or vice-president shall constitute a quorum at any meeting
of the board.

3. An annual meeting of this club and the board of directors is held no later than the
3oth of June of the preceding year in which the Board take office each year, for the
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purpose of discussing plans and objectives for the year and/or upcoming year. All
resolutions so passed, plans so discussed, and objectives so set shall be adopted at
the first meeting of the Board held after the 1st of July.

4. This club ordinarily meets as follows: on the first Wednesday and third Saturday
of a month. Reasonable notice of any change or cancellation of the regular meeting
shall be given to all club members.

5. Each member of this club shall attend at least 60% of this club’s regularly
scheduled meetings unless excused in writing by the Sergeant-at-Arms of the club
and provided that the member attends a minimum of one meeting in every three
months of a single year. This provision shall not apply for non-resident members
of the club.

6. The board meets once a month. Special meetings of the board are called with
reasonable notice by the President or Vice President or upon the request of two
board members.

7. An annual meeting of this club, the board of directors, and sponsor club is held no
later than July 31st each year for the purpose of affirming the responsibilities and
commitment of the sponsorship relationship. One or more members of the
sponsor club shall attend no fewer than three regular meetings of the club
annually, and no fewer than one regular or special meeting of the board of directors
annually.

8. Any member absent from a regularly scheduled meeting of the club may make up
for an absence as follows:

8.1 Attend a regular meeting of any other another Rotaract club or Rotary club,
provided such a substitution is approved by the board;or
8.2 Attend and participate in a club service project or a club-sponsored
community event; or
8.3 Attend a convention or preconvention of RI, a Rotary or Rotaract district or
multi-district conference or training seminar, or other meeting, provided
such a substitution is approved by the board.

9. A majority of the members in good standing shall constitute a quorum at any


regular or special meeting of the club. Any four members of the board, one of whom
must be the president or vice president, shall constitute a quorum at any meeting
of the board.

Article 6 — Fees and Dues

1. The admission for the new members and the annual dues shall be decided by general
consensus of the board-elect and notified to the membership at a General Meeting, or
in writing prior to June 30th annually of the year preceding the year in which the
board shall take office.

2. All fees and dues must be paid before a member will be considered in good standing.

Article 7 — Membership

1. Membership to the Rotaract Club shall be strictly by invitation only.


2. Any member in good standing shall be eligible to nominate a member for
membership in the Rotaract Club of Colombo East.

3. All members shall be between the ages of eighteen (18) and thirty (30).
3.1 This provision shall permit persons who will be celebrating their eighteenth
birthday within the ordinary year (calendar year) to hold membership in the
Rotaract Club of Colombo East.
3.2 Members shall continue to hold membership in the Rotaract Club of
Colombo East up until the date of their thirty-first (31st) birthday.

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4. This Club shall have two types of Membership. Namely;
4.1 Ordinary Membership, which shall be bifurcated as:
4.1.1 Resident Membership – Members of the Club who are resident in the
District of Colombo or other neighboring jurisdiction, of whom full
participation in Club activities shall be expected, and
4.1.2 Non-resident Membership – Members of the Club who are not resident
in the District of Colombo, or any member who has obtained the
approval of the Board to be designated as such, of whom full
participation in Club activities shall not be expected.
4.2 Honorary Membership – as set forth in Clause 6 of this article.

5. The ordinary system of membership induction shall be:


5.1 A member in good standing shall be able to nominate a student, or young
professionals of good character and leadership potential between the ages
of eighteen (18) and thirty (30) years of age. This provision shall:
5.1.1 Permit persons who will be celebrating their eighteenth birthday to be
nominated for membership, but
5.1.2 It shall not permit members who have concluded the date of their
thirtieth birthday to be nominated for membership.
5.2 A member shall nominate an individual for membership only after he has
attended one meeting of the Club as a ‘Guest’.
5.3 Once an individual has attended a meeting of the Club as a Guest, the
Secretary of the Club shall notify members of the names of nominees at a
General Meeting, or in writing.
5.3.1 It shall be the prerogative of any member in good standing to object the
names of a nominee, on personal grounds provided that such an
objection is not be of malicious or political motivation.
5.3.1.1 Personal grounds shall be defined as ‘a reasonable premise that
would cause personal discomfort to an existing member’,
provided that,
5.3.1.2 This discomfort shall not be premised upon the prospective
Members voting habits, and or any other premise found to be
beyond the scope of “personal discomfort” to be left to the
subjective interpretation of the panel as specified in Clause 5.5 of
this Article.
5.3.2 Objections to nominees on the basis of discrimination as laid out in
Article 8 – Clause 1 of these bylaws shall at not be permitted.
5.3.3 If the rejection of a Nominee is disputed, then the member who
proposed that Nominee shall be able to appeal such rejection in
accordance with the provisions of Clause 5.5 of this Article.
5.3.4 If no objection is tendered against a Nominee, the Secretary shall notify
the Chairman of the Standing Committee on Membership (for the
purpose of this Article, sometimes referred to as the “Chairman of
Membership”, who shall tender notice of the same to both the
Nominator and the Nominee.
5.3.5 Following this Notice the Nominee shall become a ‘Prospective
Member’.
5.3.5.1 Prospective Members shall be eligible to participate in Meeting of
the Club, serve as members on project Committees, and be
eligible to all other rights and privileges, save those reserved for
members in good standing by the Constitution, Bylaws, Code of
Policy, and/or any other legislation applicable to the Club.
5.3.6 Prospective shall attend two meetings in addition to the one attended as
a Guest prior to induction as a Member.
5.3.7 It shall be the obligation of the Chairman of the Standing Committee on
Membership (for the purpose of this article sometimes referred to as the
‘Chairman of Membership’) to interview all Prospective Members prior
to their induction as members.
5.3.7.1 In the event wherein the panel appointed to review the
Prospective Member’s eligibility for induction deems it
serviceable to defer the induction of the Prospective Member, it
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shall be notified in writing to the Chairman of Membership.
5.3.7.2 The Chairman of Membership shall hold final discretion with
regard to the provisions laid down in Article 7 Clause 4.3.7.1 of
these bylaws.
5.4 At the conclusion of this process, the Chairman of Membership shall notify
the member of his ascent to the general membership in the Club.
5.4.1 The induction of the member shall only take place after the Prospective
Member has paid all membership dues and outstanding financials to
the Treasurer.
5.4.2 The Chairman of Membership shall organize a formal induction in line
with the policies and customs of the Club at the subsequent meeting
after full membership has being attained. Should unforeseeable
circumstances not permit the holding of such an induction, it shall not
affect the Prospective Member’s ascent into general membership.
5.5 A member disputing the objection of a nominee as laid forth in the
provisions of Article 7 Clause 4.3.1 of these bylaws.
5.5.1 He shall notify the Secretary in writing of his intention to dispute the
objection tendered to his nominee.
5.5.1.1 It shall only be the prerogative of the member whose Nominee
was rejected to present an objection.
5.5.2 The Secretary shall notify the Chairman of Membership in writing of the
dispute with regard to the objection.
5.5.3 Under his auspices of the Chairman of Membership shall appoint a
panel to arbitrate the dispute composed of;
5.5.3.1 One, two, or three members in good standing appointed by the
member disputing the objection under the provisions of Clause
4.5.2 of this article.
5.5.3.2 An equal number of members in good standing appointed by the
member who presented the objection under the provisions of
Clause 4.3.1 of this article.
5.5.3.3 An additional arbitrator, from among the members in good
standing of the Club appointed by unanimous consent of the
nominated Arbitrators, who will be the Chairman of the panel.
5.5.4 The decision(s) of the Arbitration panel (as convened under the
provisions of Article 7 Clause 4.5.3 of these bylaws) shall be submitted
in writing to the Chairman of Membership.
5.5.5 The decision reached shall be final and binding with the exception of,
5.5.5.1 Appeals on the grounds of procedural discrepancy, illegality,
and/or irregularity with regard to the proceedings of the
arbitration may be tendered to the College of Presidents in line
with the provisions of Article 11 – Clause 3.4 and all subsequent
clauses of the same Article in these bylaws deemed to be
reasonably relevant and read in conjunction with the provisions
and limitations set forth in Clause 5.5.5.2 and Clause 5.5.5.3 of
this Article.
5.5.5.2 The decision of the panel appointed from among the membership
of the College of Presidents shall not discuss the merits of the
arbitration and shall only tender a judgement on the three
provisions set forth in Clause 5.5.5.1 of this Article.
5.5.5.3 If the judgement of the panel convened under Clause 4.5.5.2 of
these bylaws, deems the arbitration to have erred, the Chairman
of Membership shall convene a new panel of arbitration in line with
the provisions laid down in Article 7 - Clause 4.5.3 of these bylaws.
6. Honorary Membership.
6.1 This club may elect honorary members for terms set by the board, who shall:
6.1.1 be exempt from paying dues;
6.1.2 not vote;
6.1.3 not hold any club office;
6.1.4 shall not appear on the membership rolls of the Club;
6.1.5 pay all invoices as tendered by the Club Treasurer for personal expenses,
and
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6.1.6 be entitled to attend all meetings and enjoy all other privileges in the
club, but
6.1.7 have no rights or privileges in any other club, except to visit without
being a Rotaractor’s guest.
6.2 Members of the College of Presidents, holding membership in the College
of Presidents by virtue of the provisions set forth in Article 12 Clause 1.6 of
these bylaws shall be Honorary members, who shall be subject to all the
provisions of Article 7 – Clause 6.1 of these bylaws.
7. Membership on Invitation by Special Consideration.
7.1 The Board reserves the right to tender invitation to individuals,
notwithstanding the provisions of Article 7 – Clause 5 of these bylaws,
deemed to be of special importance and whose membership in the Club
shall be deemed to be both beneficial to the Club and whose character is
deemed to be a preferred addition to the essence of the Club by the Board.
The procedure for such inductions shall be:
7.1.1 The names of the individual(s) to be inducted with a valid cause for their
special consideration, shall be tendered by a member of the Board to the
Chairman of the Membership Committee.
7.1.2 The Membership Committee shall review such names and submit the list
for consideration to the Board.
7.1.3 If the Board unanimously accedes to the special consideration, the
individual(s) shall be required to attend one meeting as a Prospective
member.
7.1.4 The Secretary shall notify the individual of the invitation under the
provisions of special consideration. Such invitations shall be tendered in
the name of the Board.
7.1.5 Thereafter he shall make the payment of his membership dues to the
Treasurer and submit the receipt to the Chairman of the Membership
Committee.
7.1.6 Subsequently, the Chairman of the Membership Committee shall submit
the names of Members to be inducted to the President and they shall be
publicly inducted into the Club at the meeting following the receipt of
payment of all dues as specified by the Treasurer. The provisions
applicable in the case of inductions not being held on account of the
circumstances as prescribed in Clause 5.4.1 of these bylaws.
7.2 Individuals who have served as members of the Interact District Council,
and the Rotaract District Steering Committee wishing to join the Club shall
be considered eligible for Invitation by Special consideration, as a matter of
course, subject to the approval of the Board.
7.2.1 In the event of members of the Interact District Council joining the
membership of the Rotaract Club of Colombo East subsequent to the
conclusion of their tenure of service in Interact, their membership shall
be considered to have taken effect from the 1st of July, provided that they
have attended at least one meeting of the Club prior to July 1st.
8. At the discretion of the Board, the Club dues as set forth under the provisions of
Article 6 of these bylaws, may be differed for Non-resident Members and Resident
Members (as specified in Article 7 – Clause 4.1 of these by-laws).
9. Suspension of Membership. A suspended member shall;
9.1 Forfeit the right to attend and/or represent the Rotaract Club of Colombo
East at any meeting, event, function, and/or other program organized by
the Club, the District (shall for the purpose of this clause be read to refer to
the Rotary, Rotaract, and/or Interact District administration and/or any
Club and/or coalition of Clubs within those jurisdictions) whether held in
propria persona, and/or on any platform.
9.2 Forfeit the right to be present, vote, or express an opinion at the elections,
referendums, meetings, and/or any other forum organized by the Club,
wherein the right to vote, and/or express an opinion is derived from
membership in the Club and/or of the Club.
9.3 Forfeit the right to hold any office, be nominated to hold any office, serve in
a standing Committee, transitional Committee, Project Committee and/or
any other forum wherein the privilege and/or right is derived from
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membership in the Club and/or of the Club.
9.4 For the purpose of this clause a breach of suspension shall be the read to be
any action or omission that is reasonably understood to be the prerogative
of a member or a prospective member of the Rotaract Club of Colombo
East.
9.5 During the period of suspension, all rights, privileges, prerogatives, and all
other vestiges conferred upon a member by these bylaws, the Constitution,
or any other legislative and/or policy enactment of Rotary International,
the Rotary Club, the District (shall for the purpose of this clause be read to
refer to the Rotary, Rotaract, and/or Interact District administration
and/or any Club and/or coalition of Clubs within those jurisdictions), and
or the Club shall be considered to be completely curtailed and restricted in
its entirety.

Article 8 – Prevention of Discrimination and Harassment

1. The Club shall not tolerate discrimination of members, members of the wider
Rotary fraternity, or guests on the basis of race, religion, social and/or cultural
background, gender, gender identity, disability, language, and/or sexual
orientation at any time.

2. The Club shall not tolerate any action that might reasonably be interpreted as
harassment.

3. It shall be the duty of all members to pro-actively ensure that the Club remains
accepting, and tolerant of all members and guests immaterial of race, religion,
social and/or cultural background, gender, gender identity, disability, language,
and sexual orientation. Furthermore, all Members shall ensure that discrimination
and harassment is not tolerated within the confines of the Club.

4. If a member is found guilty of breaching the Club’s law on discrimination and


harassment as specified in Article 8 – Clause 1 and Clause 2 of these bylaws, then
he shall be subject to one of the following penalties as the case, may present itself:

4.1. Suspension of at least a minimum period of one month up to a maximum


period of one year.
4.2. Indefinite and/or permanent suspension of membership, provided that
such a verdict is obtained unanimously from the Board of Directors and
subsequently approved by the Rotary Advisor.
4.2.1. Notice of such Termination shall be signed by both the President and
the Rotary Advisor.

5. At all stages of the inquiry, the officials shall ensure that comments, or statements
made in jest shall not be subject to penalty provided that they are not of malicious
intent and/or truly held beliefs of the member in question.

5.1 The onus of proving the absence of malicious intent and/or truly held belief
shall fall to the accused member and/or his representative.

6. In the event of breach of the regulations against discrimination and harassment


against the provisions laid down in this Article, an aggrieved member may appeal
to the President for the setting up of a disciplinary inquiry into the matter.
6.1 The President shall submit such a request to the Sergeants at Arms for
inquiry, no later than three days following receipt of the complaint.
6.2 In the event that the accused party is the Sergeant at Arms, the President
shall appoint another official from among the Board to lead the inquiry. If
the accused is any official duly required to be present on the Disciplinary
Commission, then that member shall not sit in on the proceedings in
accordance with the equitable principle of nemo judex in sua causa.
6.3 The Disciplinary Commission shall commence inquiry no later than three
days following the receipt of the notice from the President.
6.4 The Disciplinary Commission shall inquire into the matter, deliberate and

Page 10 of 18
present a verdict and a recommended penalty (in accordance with the
provisions of Article 10 of these bylaws) to the President no later than
fourteen days following the commencement of the inquiry.
6.5 The President shall notify all parties concerned regarding the decision so
given.

7. Should the aggrieved member be dissatisfied with the verdict, the member shall be
able to contest such a verdict in accordance with the provisions set forth in Article
11 of these bylaws.

8. In the event the accused member disputes the verdict so given at any stage of the
process, the member may resort to the provisions for dispute resolution and appeal
laid forth in Article 11 of these bylaws.

9. If the aggrieved member shall be dissatisfied with the decision given through the
appeal process of the Club, the member shall notify the President of the Rotary
Club of Colombo East, in writing of such. The decision of the President of the
Rotary Club of Colombo East in this matter shall be final and binding.

Article 9 - Resolutions

1. The Board of Directors of the Club shall have the power to adopt policy of the Club by a
resolution adopted by a simple majority of a quorum of the Board of Directors. These
resolutions shall be secondary legislation of the Club provided that they do not
contravene anything in the Constitution, Bylaws or Code of Policies as applicable to
the Club.

2. Secondary legislation adopted in accordance with this Article shall be held in force
until they are repealed expressly and/or implicitly by the Board in the form of
resolutions adopted subsequently.

3. The Board may impose exemptions to such regulations retrospectively by a resolution


adopted by a two-thirds majority of a quorum of the Board of Directors present and
voting.

4. Disputes with regard to the conflict of such resolutions against the legislation of the
Club as found in the Constitution, By Laws, Code of Policy and/or any other
legislation or laws:

4.1. Shall be referred to the Rotary Advisors with provisions for appeal to the Rotary
Advisors.

4.2. Any member in good standing of the Club, may refer policy and/or resolutions for
review in accordance with the provisions of Clause 4.1 of this Article. Such
requests shall be tendered to the Secretary of the Club who shall be required to
submit them within three days of receipt to the Chairman of the College of
Presidents

4.3. The Chairman of the College of Presidents shall appoint an independent


commission (for the purpose of this Article hereafter referred to as ‘the
Commission’), composed of members of the College of Past Presidents, to
review the policies brought to his attention.

4.4. The Commission shall be chaired by a member of the College of Presidents,


appointed by consensus of the College of Presidents who may invite as
collaborators i.e. members in good standing of the Club, proficient in law or any
other expertise as deemed necessary by the Chairman of the Commission,
provided that such invitation is approved by the College of Presidents.

4.5. The Commission shall submit a report of its findings to the Chairman of the
College of Presidents who shall put it to a vote of the College of Presidents and it
shall be adopted by a simple majority of the members of the College of Presidents
in accordance with the designated ballots of the members of the College of
Page 11 of 18
Presidents as specified in Article 12 – Clause 4 of these bylaws. The review shall
either uphold or nullify the policy resolution so reviewed. The Chairman of the
College of Presidents shall communicate the decision concerning the dispute to the
President and Secretary. The judgement so adopted shall be considered binding.

4.6. Should the member in question still dispute the verdict of the review, he shall
submit such a dispute to the Chairman of the College of Presidents in writing,
who shall tender it to the Rotary Advisor.

4.7. The Rotary Advisor shall review the dispute and the verdict of the College of
Presidents. The verdict of the Rotary Advisor shall be considered final and
binding.

4.7.1. The provisions of Article 11 – Clause 4.2 shall be applicable in the instances
described in Clause 4.7 of this Article.

Article 10 – Disciplinary Inquiries and the Disciplinary Commission

1. In the instance where the President and/or any official of the Club is notified of a
breach of the reasonable standard of conduct expected of a Rotaractor of Colombo
East, by a member of the Club at any program, meeting, or other function hosted by
the Club, or any function wherein the member is representing the Club, the official
shall refer it to the Disciplinary Commission of the Club (for the purpose of this Article
sometimes referred to as ‘the Commission’).

2. The Disciplinary Commission shall compose of the Sergeant(s) at arms, the Secretary,
and four members duly appointed by the President prior to July 31st annually.

2.1. In the instance wherein two members hold the office of Sergeant at Arms, the
President shall appoint only three members to the Commission.

3. The Sergeant(s) at arms of the Club shall serve as the (C0-)Chairman of the
Disciplinary Commission.

4. If the accused is any official duly required to be present on the Disciplinary


Commission, then that member shall not sit in on the proceedings in accordance with
the equitable principle of nemo judex in sua causa.

4.1. At any stage of the inquiry proceedings, the equitable principle of nemo judexin sua
causa shall be applied barring any individual member and/or official from
participating in the proceedings if he is the accused party.
4.2. If any member(s) forfeit the right to sit on the Commission in accordance with the
provisions of Clause 4 and Clause 4.1 of this Article, the President shall appoint
replacement(s) in order to ensure an odd number of members act as
Commissioners on the Disciplinary Commission.

5. The Commission shall meet no later than three days following the receipt of notice of a
breach (as specified in Clause 1 of this Article).

6. Thereafter the Commission shall:

6.1. Notify the accused member of such accusation in writing.


6.2. Provide an opportunity for the member in question to present a defense, if any.
6.3. Investigate the allegation.

7. The Commission shall be empowered to issue summons to any member of the Club in
order to facilitate the purpose of a thorough investigation into the allegations somade.

8. At the conclusion of the investigation:

8.1. The Commission shall submit a report, in writing, of its findings and propose
disciplinary actions that ought to be taken against the accused member (if any) to
the Board.

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8.2. The Board shall direct the Secretary and/or Treasurer to give notice, in writing, to
the member of the findings of the Commission and direct the member on
compliance with the verdict so issued by the Commission.

8.3. Should the member dispute the findings of the Commission, the member shall
notify the Chairman of the College of Presidents, in writing, of his intension to
dispute the findings of the Commission in accordance with the provisions of
Article 11 of these bylaws.

8.4. Should the member commence a formal appeal, the provisions laid down in Clause
9 of this article shall not be held to be valid, until the conclusion of the appeal
procedure as laid down in these bylaws.

9. As the circumstances so require, the Commission may propose the imposition of:

9.1. A monetary penalty not exceeding LKR 5,000 (five thousand Sri Lankan rupees),
and/or

9.2. Suspension of membership not exceeding six months, barring the provisions laid
down in Article 8 of these bylaws.
9.2.1. Should the breach of conduct be found to be so great as to merit a
greater penalty, the fact of the same shall be mentioned in the report tendered
to the Board.
9.2.2. It shall be left to the discretion of the Board to determine the period
of suspension, provided that the period of suspension (if any) does not exceed
one year.
9.2.3. Notwithstanding the provisions laid down in Article 4 – Clause 5 of
the Standard Rotaract Constitution, with the unanimous consent the Board,
with the approval of the Rotary Advisor may suspend indefinitely the
membership of any member whose breach of the standard of conduct is
considered to be so great, that his continued presence is found to be
pernicious to the continued wellbeing of the Club.

10. Should a member fail to comply with the directives of the Commission as
communicated by the Club Secretary and/or Treasurer within thirty days of the
tender of such written notice, the member’s membership shall be considered forfeit.

11. It shall be the duty of the Chairman of the Disciplinary Commission to maintain a
written account of all proceedings and/or meetings of the Commission and submit that
record to the President at the conclusion of the year. This record shall form a part of
the permanent records of the Club.

Article 11 – Dispute Resolution and Arbitration

1. Any member aggrieved by the action of a member(s) of the Club, in the context of a
breach falling under the jurisdiction of the Club that cannot be resolved in the confines
of a discussion and or a non-official mediation, shall refer a complaint in writing to
the President for redress, if any.
1.1. Members may also appeal under the provisions of this Article, if they dispute the
findings of Committees, Commissions, Panels, or any other body appointed by
virtue of the provisions laid down in these bylaws, wherein the relevant provision
explicitly refers to this Article and presents it as the provisional method for appeal.

2. The President may:


2.1. Provide settlement on his volition and provide redress, if any; or,
2.2. Appoint a Committee of inquiry to review the complaint and recommend redress.
2.3. If the redress or lack thereof provided by the Committee (as laid out in the
provisions of Clause 2.2 of this Article), fails to satisfy the aggrieved member
and/or another party(ies) to the dispute, they shall be able to appeal to the
President for redress (if any), by his own volition.
3. If the aggrieved member and/or another party(ies) to the dispute, remains unsatisfied
Page 13 of 18
with the redress, or lack thereof provided by the provisions as set forth in Clause 2 of
this Article, he shall;
3.1. Notify, in writing, his intention to submit the verdict and/or redress for review, to
the Chairman of the College of Presidents.
3.2. The Chairman of the College of Presidents shall notify the President of the receipt
of such a request, and direct both the appellant and the respondent to appoint a
representative from among the membership of the College of Presidents as
specified in Article 12 of these bylaws.
3.3. The two appointed arbitrators shall, by consensus, appoint a third arbitrator from
among the membership of the College of Presidents, who shall serve as the
Chairman of the Arbitration Panel.
3.4. The decision reached by a majority of the Arbitrators shall be considered binding,
unless a member wishes to appeal. He shall;
3.4.1. (An aggrieved member from among the parties) request a review of the
decision and/or redress so given, provided that his objections are based upon
illegality, irregularity, procedural discrepancy, and/or an error of law, or a
deeply erroneous reading of the facts that led to an inequitable award, or
provides what is a greatly inequitable award that can reasonably be seen to be
so.
3.4.2. The aggrieved member shall submit, in writing, his objections to the
Chairman of the College of Presidents.
3.4.3. The Chairman of the College of Presidents shall place both the verdict issued
by the Arbitrators and the objections of the member so tendered (under the
provisions of Clause 3.4.2 of this Article) for consideration by the College of
Presidents in accordance with the provisions laid in Article 12 Clause 4 of
these bylaws.
3.4.4. The College of Presidents shall not adjudicate on the merits of the case but
rather the six provisions laid out in Clause 2.4.1 of this Article.
3.4.5. Should the College of Presidents, deem the process to have faltered so
much, so as to render it contrary to the principles of equitable resolve, they
shall have the mandate to declare the Arbitration annulled and direct the
parties to revisit the dispute in accordance with the provisions laid forth in
Clause 3.3 of this Article.
4. If either party appealing under the provisions of Clause 3 of this Article, having
exhausted opportunity for redress laid out in these bylaws, fails to receive satisfactory
redress, he shall present a written complaint to the Rotary Advisor.
4.1. The Rotary Advisor shall review the complaint and all documents submitted and
present his views, opinions, and recommendations, in writing, to the College of
Presidents. It shall be the mandate of the Rotary Advisor to solicit the College of
Presidents to revisit the issue, if he so deems it fit.
4.2. If the Rotary Advisors serves as a member of the College of Presidents, pursuant
to the constraints as laid forth in Article 12 of these bylaws, then by the principle
of nemo judex in sua causa, he shall be ineligible to present views, opinions, or
recommendations as laid forth in Clause 4.1 of this Article. He shall then,
4.2.1. In consultation with the President of the Rotary Club of Colombo East,
appoint a Rotarian from the Rotary Club of Colombo East to review the
submission received in accordance with the provisions laid forth in Clause 4
of this Article and submit his views, opinions, and recommendations, in
writing, to the College of Presidents.
5. Should a member wish to seek redress from the actions of the President, and/or the
Board (as a collective), he shall then submit his complaint directly to the College of
Presidents, pursuant to the provisions laid forth in Clause 3 of this Article.
5.1. Appeals against the executive actions of the President and/or the Board of
Directors shall only be on the basis of illegality, irregularity, and/or procedural
discrepancy.
6. Notwithstanding any of the provisions of this Article, the procedure of appeal and
redress as specified in various Articles of these bylaws shall be applicable, unless
otherwise, expressly or implicitly stated.
7. Notwithstanding any provisions of the guidelines, polices, and/or administrative
policies of the Rotaract District 3220 adopted, passed, promulgated, or circulated for

Page 14 of 18
use in Clubs, and/or by Clubs; the provisions of this Article and other provisions laid
forth in these bylaws shall be the only redress for dispute resolution, mediation,
arbitration, and any other form of redress for disputes in and between members of the
Rotaract Club of Colombo East.
7.1. Any member seeking restitution for disputes in and between members of the
Rotaract Club of Colombo East in any jurisdiction not laid forth in these bylaws or
not included in the laws, customs, and regulations of the Rotary Club of Colombo
East, by virtue of any action, written or otherwise tendered, shall be considered to
have forfeited his membership, latae sententiae.
7.1.1. The provisions of Clause 7.1 of this Article, shall not be read to implicitly or
explicitly refer to action relating to any criminal conduct and or other breach
of the laws of the Democratic Socialist Republic of Sri Lanka communicated
to, prosecuted, and/or any other action by a member, provided that it is
through the appropriate channels involving the relevant state authorities.
Furthermore,
7.1.2. The provisions of Clause 7.1 of this Article, shall not be read to implicitly or
explicitly refer to any action effected with the written consent of the President
of the Rotary Club of Colombo East, and the Rotary Advisor.
8. The provision laid forth in this article shall be the final course of action permitted to
Members of the Rotaract Club of Colombo East for the resolution of disputes of and
between members of the Rotaract Club of Colombo East subject to the provisions of
Clause 7.1 of this Article and its subclauses.
8.1. The verdicts so reached, by the panels, committees, and collegiate institutions laid
forth in this Article and other Articles of these bylaws shall be final and binding,
as is applicable in the reading of the bylaws.
8.2. Failure to comply with the judgements, verdicts, redress, compliances, awards,
penalties, recommendations, and/or any other actionable directives shall result in
the indefinite and/or permanent suspension of membership until full compliance
is received.
8.3. A suspended member failing to provide full compliance for a period exceeding one
calendar year shall be considered to have forfeited his membership, latae
sententiae.
9. The provisions of the legal doctrine of res judicata shall be applicable for the purpose
of this Article and all other Articles of these bylaws.

Article 12 - College of Presidents

1. The members of the College of Presidents of the shall be composed of:

1.1. The incumbent President of the Rotaract Club of Colombo East.

1.2. The duly elected President Elect of the Rotaract Club of Colombo East.

1.3. The duly elected President Nominee of the Rotaract Club of Colombo East.

1.4. Past Presidents of the Rotaract Club of Colombo East, who have served a full term
of office, who are members in good standing of the Rotaract Club of Colombo
East.

1.5. Past Presidents of other Rotaract Clubs duly chartered under Rotary
International, who have served a full term of office, who are members in good
standing of the Rotaract Club of Colombo East.

1.6. Past Presidents of the Rotaract Club of Colombo East, who are no longer
members of the Club, who fulfill the following obligatory requirements:

1.6.1. The Past President shall not hold active membership in another Rotaract
Club within the jurisdiction of the RI District 3220.

1.6.2. The Past President in question shall tender a formal request to be a


member of the College of Presidents to the incumbent President of the Club
and copy the same request to the Chairman of the College of Presidents and
Page 15 of 18
the incumbent Secretary of the Club.

1.6.3. The request must be approved unanimously by the Board of Directors of


the Rotaract Club of Colombo East and the resolution so adopted must be
communicated in writing to the Chairman of the College of Presidents.

1.6.4. Subsequently, the request must be approved unanimously by all


members of the College of Presidents and the decision communicated to the
incumbent President in writing.

1.6.5. The approval received shall constitute a license for the Past President in
question to be a member of the College of Presidents and be awarded all
privileges accorded to Past Presidents in accordance with this Article for the
duration of a Rotary year.

1.6.6. It shall remain the personal prerogative of each subsequent President to


propose the renewal of such a license to the Board of Directors prior to July
31st annually and inform the Chairman of the College of Presidents of such
renewal in writing. The Chairman shall then circulate the written approval
among all members of the College of Presidents.

1.6.6.1. If the President fails to renew the license on account of an error, it shall
be the duty of the Past President in question, to submit his name for
approval, once again, in accordance with the provisions of Clause 1.6 of
this Article.

1.6.7. The absence of such written renewal of such a license shall constitute a
lapse of the license and the forfeiture of the Past President’s right to be a
member of the College of Presidents.

1.6.8. Any Past President forfeiting his license to sit in the College of Presidents
in accordance with Article 12 – Clause 1.4 of these bylaws and wishing to be
readmitted to the College of Presidents, shall apply for membership in
accordance with the Article 12 – Clause 1.6.1 of these bylaws and all
applicable subsequent requirements.

2. By the unanimous asset of the Board of Directors, the membership of any member of
the College of Presidents with the sole exception of those members of the College of
Presidents holding membership by virtue of Article 12 – Clause 1.4 of these bylaws
may be deprived of membership in the College of Presidents for the duration of the
year, provided that notice of deprivation is given to the Chairman of the College of
Presidents in writing bearing the signature of all the members of the Board of
Directors.

3. A majority of the members of the College of Presidents shall constitute a quorum at


the meeting of the College of Presidents.
4. In the event of a vote with regard to any matter being placed before the College of
Presidents the ballots accorded to members of the College of Presidents shall be as
follows:

4.1. The Chairman of the College of Presidents, duly elected in accordance with Article
12 – Clause 5 of these bylaws shall be accorded four ordinary ballots.

4.2. The incumbent President of the Club, holding membership in the College of
Presidents by virtue of Article 12 – Clause 1.2 of these bylaws shall be accorded
four ordinary ballots.

4.3. All members of the College of Presidents holding membership by virtue of Article
12 – Clause 1.3 and Clause 1.4 of these bylaws, shall be accorded two ordinary
ballots.

4.4. All members of the College of Presidents holding membership by virtue of Article
12 – Clause 1.4 of these bylaws, shall be accorded three ordinary ballots.
Page 16 of 18
4.5. All members of the College of Presidents holding membership by virtue of Article
12 – Clause 1.5 of these bylaws, shall be accorded one ordinary ballot.

4.6. All members of the College of Presidents holding membership by virtue of Article
12 – Clause 1.6 of these bylaws, shall be accorded two ordinary ballots.

5. Election for the office of Chairman of the College of Presidents

5.1. Elections for the office of Chairman of the College of Presidents shall take place
annually prior to June 30th of the preceding year in which the Chairman is to
serve.

5.2. Only those holding membership in the College of Presidents by virtue of Article 12
– Clause 1.4 of these bylaws shall be eligible for nomination for the position of
Chairman of the College of Presidents.

5.3. The Chairman of the College of Presidents shall be elected for a period of one
Rotary year.

5.4. No Chairman of the College of Past Presidents shall serve for more than three
consecutive years.

5.5. The allotment of ballots for the election of the Chairman of the College of
Presidents shall be as follows:

5.5.1. The incumbent President of the Club, holding membership in the


College of Presidents by virtue of Article 12 – Clause 1.2 of these bylaws shall
be accorded four ordinary ballots.

5.5.2. All members of the College of Presidents holding membership by virtue


of Article 12 – Clause 1.3 and Clause 1.4 of these bylaws, shall be accorded two
ordinary ballots.

5.5.3. All members of the College of Presidents holding membership by virtue


of Article 12 – Clause 1.4 of these bylaws, shall be accorded three ordinary
ballots.

5.5.4. All members of the College of Presidents holding membership by virtue


of Article 12 – Clause 1.5 of these bylaws, shall be accorded one ordinaryballot.

5.5.5. All members of the College of Presidents holding membership by virtue


of Article 12 – Clause 1.6 of these bylaws, shall be accorded two ordinary
ballots.
6. The Chairman of the College of Presidents may appoint a Secretary from among the
membership of the College of Presidents.

7. The College of Presidents by unanimous affirmative assent shall be able to veto the
name of any nominee for the position of President of the Club during the elections
process as specified in Article 2 of these bylaws, for cause. This shall not be subject to
appeal or dispute of any form.

Article 13 – Sponsorship & the Rotary Club of Colombo East

1. The Rotaract Club of Colombo East shall be sponsored by the Rotary Club of Colombo
East.
1.1. For the purpose of this Article, the word “sponsorship” shall be read to be the
‘parental relationship between the Rotary Club and Rotaract Club chartered under
the parent Club’ with all the duties, responsibilities, and obligations as is
reasonably understood to exist between the two clubs, and as specified in the
legislative documents of Rotary International.
2. All Articles in these bylaws referencing a/the Rotary Club shall be read so as to refer
to the Rotary Club of Colombo East, except where it is reasonably understood to
explicitly and/or implicitly refer to other Rotary Clubs in general.
Page 17 of 18
3. The Club shall aim to foster a relationship of familial relationship of fraternity in
partnership with the sponsor Rotary Club of Colombo East and other Clubs
sponsored by the Rotary Club of Colombo East.

Article 14 — Amendments

1. The Board of Directors, with the consent of the membership of the Club shall appoint
an Advisory Panel on Constitutional Affairs, composed of members of the Club in
good standing understood to be sufficiently proficient in law, that shall propose
amendments to be adopted by the majority vote of the members in good standing at
any regular or special meeting of the club at which a quorum is present, provided
notice of intention to call such a vote is given at least fourteen days prior at a meeting
of the club at which a quorum is present, or in writing and provided such
amendment(s) is/are approved by the sponsoring Rotary club.
1.1. Any member in good standing shall have the right to propose the convening of the
Advisory Panel on Constitutional Affairs, provided that a request to summon the
Advisory Panel on Constitutional Affairs is approved by a majority vote of the
members in good standing at a regular or special meeting of the Club at which a
quorum is present; or,
1.2. A member in good standing may write requesting the convening of the Advisory
Panel on Constitutional Affairs to the Board of Directors, leaving the final
decision on the matter to the Board.
2. If a member requests the convening of the Advisory Panel on Constitutional Affairs,
in accordance with the provisions of Clause 1.1 or Clause 1.2 of this Article, he shall be
afforded a seat on the Advisory Panel on Constitutional Affairs.
3. Changes made to these bylaws must be consistent with the Standard Rotaract Club
Constitution and the Rotary Code of Policies.
3.1. Changes made to these bylaws shall be consistent with the customs, traditions,
and other practices and procedures of the Club.
3.2. Changes made to these bylaws may be consistent with the guidelines, polices,
and/or administrative policies of the Rotaract District 3220 adopted, passed,
promulgated, or circulated for use in Clubs, and/or by Clubs.
3.3. Changes made to these bylaws may be consistent with the guidelines, polices,
and/or administrative policies of the Rotaract District 3220 adopted, passed,
promulgated, or circulated for use in the Rotaract District 3220, and/or by the
Rotaract District 3220.
3.3.1. Clause 3.3 of this Article shall not be read to implicitly and/or explicitly
refer to the Rotary District Governor and/or directives to the Club issued by
his hand. These shall be held to be binding.

[END]

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