MALTA FEDERATION OF ORGANISATIONS PERSONS WITH DISABILITY
Our Statute
1. Establishment and Mission Statement
1.1. This Statute is dated 21st May, 2024
1.2. There shall be established a voluntary organisation in terms of Chapter 492 of the Laws of Malta named “Malta Federation of Organisations Persons with Disability” bearing registration number VO/0042, hereinafter referred to as the “Federation” is established with the following mission statement:
“The Federation aims to create a movement in favour of rights for persons with disability and the development and strengthening of measures and services which improve the life of persons with disability and that of their family.”
1.3. The address of the Federation shall be Level 3, Verdi Court, Parata Street, Santa Venera, SVR1310 Malta or otherwise as the Federation shall from time to time determine.
1.4. The Federation shall be an autonomous Non-Profit voluntary organisation set up in terms of the Laws of Malta, with a distinct legal personality and subject to the provisions of this Statute, and shall be capable of entering into contracts, of acquiring,
1.5. holding and disposing of property, movable and immovable, by any title; borrowing money and granting security also by means of hypothecs and privileges on its assets; of suing or of being sued; and of doing all such things and entering into such obligations and transactions as are incidental and / or conducive to its proper functions and purposes.
2. Aims of the Federation
2.1. The Federation is hereby established with the following aims, objectives and purposes:
• To be the focal point of Organisations for persons with disability, for those who work with and provide services for persons with disability, as well as for individuals who share the same objectives and aspirations of the Federation.
• To create an appropriate environment for discussion among its members with the intention of taking action in favour of the rights of persons with disability and of improving their quality of life and that of their family.
• To work for the Federation’s member organisations to continue to strengthen regional and national structures and their services by giving its support to initiatives for persons with disability, by increasing cooperation among organisations and spurring new initiatives where these may be lacking.
• To represent this movement in favour of persons with disability wherever and with whosoever has the authority to improve the situation of persons with disability and their family.
3. Definitions
3.1. For the purpose of this statute, the following terms are defined as:
“Administrative Report” shall mean the report drafted by the Secretary General in accordance with Section 12.1.6 outlining all the decisions and action taken in the fulfilment of the mission statement of the Federation. It shall include an annex of the minutes of the Executive Committee Meetings. The Administrative Report is to be presented to the General Meeting.
“Disability” shall have the same definition as that given by the World Health Organisation (WHO). It includes any person with physical, mental, intellectual or sensory long-term impairment and persons for whom encounter with various barriers may prove a hindrance from participating fully and effectively in society on an equal basis with others.
“Executive Committee” shall be the committee as set up in Section 8 composed of five (5) members which shall be tasked with the day-to-day running of the Federation.
“Federation Council” shall be the council as set up in Section 7 composed of three (3) members which shall have those functions as listed in Section 7 .1.
“Federation Member” shall mean those Member Organisations and Individual Members having membership in the Federation and falling within Categories A, B and C.
“Financial Report” shall mean the report drafted by the Treasurer approved by auditors contracted by the Federation and which is presented to the General Meeting.
“General Meeting” shall mean the Annual General Meeting or the Extraordinary General Meeting as convened in accordance with Section 14 of the Statute.
“Individual Member(s)” shall mean those individuals having membership in the Federation and falling within Category C.
“Member Organisation(s)” shall mean those organisations which are accepted as a member of the Federation.
“Non-Profit” shall have the definition conferred upon it in the First Schedule of the Voluntary Organisations Act (Chapter 492 of the Laws of Malta) including that any excess of funds derived from the activities of the Federation must be re-invested in the same Federation whilst no part of the income, capital or property is or shall be made available directly or indirectly to any individual person or group of persons including but not limited to promoter, founder, member, administrator, donor or any other private interest unless the person is a recipient as defined in the objectives above.
4. Membership
4.1. The Federation shall be open to organisations representing persons with disability, their family, service providers in this sphere, and individuals who may wish to commit themselves in favour of the mission of the Federation.
4.2. The Federation shall be made up of Member Organisations and Individual Members composing of three different categories:
4.2.1. Category A
Organisations which represent persons with disability, parents, carers and / or guardians of persons with disability, who cannot represent themselves and whose aims are the interests of disabled persons.
4.2.2. Category B
Organisations whose principal purpose is the provision of some form of service to persons with disability and / or their family, so long as it functions on a voluntary basis and its profits are re-invested exclusively and specifically for the benefit of persons with disability and for the aims and purposes as specific to the said Organisation.
4.2.3. Category C
Any adult, whether with disability or otherwise, whose interest lies in the sphere of disability, may become a member of the Federation.
4.3. Applications for membership in any of the three categories shall be submitted to the Executive Committee in any manner as the Executive Committee may from time to time deem fit.
4.4. The Executive Committee shall have the duty to refer any applications submitted to it, within two (2) months of submission, with its recommendation(s) to the Federation Council which shall have the exclusive prerogative to approve or reject such applications subject to the review and endorsement of the Federation in General Meeting.
4.4.1. Decisions on applications shall be taken by a simple majority by the Federation Council.
4.4.2. The Federation Council shall have the right to reject applications on the basis that membership of the applicant may in its opinion, to an extent jeopardise the ongoing benefits, aims, objectives or mission of the Federation.
4.4.3. Without prejudice to the above, the applicant shall have the right to request a written justification for a rejection issued in his regard.
4.5. Membership shall be subject to a one-time membership fee of €25 for Member Organisations and €10 for Individual Members.
5. Conditions of Membership
5.1. Federation Members are expected to be active. It is expected that the conduct of all the Federation Members, as well as their representatives, is consistent with the furtherance of the aims and purposes of the Federation. Disorderly conduct which in any shape or form hinders the operations of the Federation shall be subject to disciplinary action in accordance with this statute.
5.2. Federation Members and representatives thereof shall cooperate and work toward the general interest of the Federation and avoid any conduct which disturbs, or which is unbeneficial to the mission statement of the Federation.
5.3. Federation Members and their representatives shall strive to ensure the best ethical practices. They shall in all cases bring to the attention of the Executive Committee any conflict of interest that there may be, or which may from time to time arise.
5.4. Federation Members shall bring to the attention of the Executive Committee issues of national interest, and where possible strive to include it in the discussion of those matters.
6. Disciplinary Action
6.1. In the event that a Federation Member is:
6.1.1. Subject to criminal proceedings or criminal investigations
6.1.2. In case of Member Organisations, no longer registered with the Commissioner for Voluntary Organisations for reasons of non-compliance and / or lack of good standing.
6.1.3. In the opinion of the Federation Council, no longer following the ethos or the mission statement of the Federation.
6.1.4. No longer eligible to fall within Categories A, B and C.
6.1.5. Committing or has committed breaches of ethics going against the values or code of conduct of the Federation.
6.1.6. In any other way or form in breach of any obligations arising from this statute,
The Federation Council shall have the duty to establish the facts and after listening to the Federation Member involved, and following the rules of natural justice, it shall give its decision and where necessary issue disciplinary action in the Federation Member’s regard outlining the reasons for its decision.
6.2. Individuals in the Federation Council and the Executive Committee shall also be subject to disciplinary action and / or disqualification in the following circumstances:
6.2.1. Where they are disruptive or disorderly in their conduct hence hindering the progress of meetings and the overall direction of the Federation’s work.
6.2.2. Where they are subject to criminal proceedings or criminal investigations.
6.2.3. Where they are interdicted or incapacitated.
6.2.4. Where it has come to the knowledge of the Federation Council and the Executive Committee, that the person has been convicted of a crime punishable with imprisonment.
6.2.5. Where they have a conflict of interest which disrupts their commitment towards the mission statement of the Federation.
6.2.6. Where they have breached their fiduciary duties towards the Federation.
6.2.7. Where they have carried out conduct which, is in the opinion of the Federation Council (excluding the individual subject to disciplinary action), an abuse of power, dishonest, tantamount to harassment or discrimination or any other violation or breach of obligations or duties arising out of his or her position on the Executive Committee or Federation Council.
In such cases, the individual facing disciplinary action or disqualification shall have the right to be heard but they shall lose the right to vote in the Federation Council or Executive Committee on a decision in their regard.
In any case, the Federation Council shall follow the rules of natural justice in issuing its decision and shall refer the matter to the Federation in General Meeting should it feel that the Federation Council cannot issue such decision in accordance with the rules of natural justice, if necessary by calling an Extraordinary General Meeting.
6.3. Where there is reasonable suspicion that a Federation Member or a representative thereof may be subjected to disciplinary action, the Executive Committee shall have the duty to swiftly and as soon as possible investigate and establish the necessary facts and refer the matter to the Federation Council for its determination and decision.
6.4. Complaints may be made by any Federation Member to the Federation Council which shall have the duty to investigate, establish the facts, and issue a decision.
6.5. The Federation Council shall deliver its decision after giving the member facing disciplinary action the possibility to defend himself in person. The decision shall be communicated to the Executive Committee, to the Federation Member or individual in whose regard the decision was taken as well as to the complainant, outlining the reasons behind the decision.
6.6. The decision of the Federation Council shall be effective immediately. Any member aggrieved, including the member or individual facing disciplinary action, shall have the right of appeal by requesting an Extraordinary General Meeting which shall be convened within three (3)months during which General Meeting, the Federation Members shall have the opportunity to review the decision of the Federation Council.
6.7. The Federation Council shall have the power to expel, suspend, or issue any other disciplinary action it may deem fit to members who are in default of their obligations arising from this statute.
7. The Federation Council
7.1. There shall be established a Federation Council which shall have the following functions:
7.1.1. The Federation Council has a disciplinary function by ensuring that the highest ethical standards are followed by all stakeholders. It shall do so by adhering to principles of natural justice and by establishing all the necessary facts before taking disciplinary action and then providing reasons for the decisions it has taken which should be as impartial as possible.
7.1.2. It should oversee the elections which shall be under the direction of the Secretary General and ensure that due transparency and fairness is present throughout all the stages of the elections.
7.1.3. The Federation Council shall have the power to approve or reject membership applications submitted to the Federation.
7.2. The Federation Council is to be composed of three (3) individuals, not necessarily members of the Federation.
7.3. The Federation Council shall hold term for three (3) years after being elected or appointed by the Federation in General Meeting.
7.4. In case the Federation Council is by virtue of resignation, expiration or termination of the term, composed of less than the statutory minimum of three members, then the General Meeting shall hold an election to fill up the vacant position(s) as soon as practicable, and as soon as the appropriate candidate(s) are found.
7.5. The members of the Federation Council shall elect amongst themselves a Chairperson who shall have a casting vote.
7.6. The Federation Council shall take minutes of their meetings and decisions taken. Meetings of the Federation Council shall be held only whenever so required.
7.7. The Federation Council shall draw up a brief report with an account of the minutes and decisions taken to be presented at the next General Meeting.
7.8. The decisions of the Federation Council may be subjected to review of the Federation in General Meeting.
7.9. Membership approvals by the Federation Council shall be tabled at the subsequent General Meeting and endorsed by the Federation in General Meeting.
7.10. The Federation Council shall have the right to disallow candidates from contesting elections should it find a conflict of interest or any other grave misconduct.
8. The Executive Committee
8.1. There shall also be established the Executive Committee which shall have the following functions:
8.1.1. It shall be tasked with the day-to-day running of the Federation including the administration of assets and liabilities.
8.1.2. It shall be responsible for the implementation of the agenda, policy and mission statement as decided upon by the General Meeting.
8.1.3. It shall also be responsible for the investigation and gathering of facts in case of potential misconduct of the members of the Federation. This is to be done also by listening to all involved parties and keeping as much as possible an objective point of view.
8.1.4. It shall work on the decisions taken at General Meetings.
8.2. The Executive Committee shall be composed of five (5) individuals forming part of Member Organisations being from Category A, B and / or of Individual Members from Category C.
8.2.1. The officials of the Federation shall be the President, two Vice-Presidents, a Secretary General and a Treasurer.
8.3. The Executive Committee is elected at the General Meeting and shall hold term for two (2) years. It shall be answerable to the General Meeting.
8.4. Executive Committee members shall not be entitled to any remuneration in connection with the fulfilment of their actions save for the reimbursement of out-of-pocket expenses incurred which should in any case be accounted for in the annual Financial Report.
8.5. The Executive Committee members shall have the option to co-opt up to two members to the Executive Committee.
9. Meetings of the Executive Committee
9.1. On the first meeting of the newly appointed Executive Committee, the Executive Committee shall appoint between themselves the posts of President, Secretary General, the Vice-Presidents, and the Treasurer.
9.2. The President, or the Secretary General in his absence, shall set the date, time, and venue of all Executive Committee meetings.
9.3. Executive Committee meetings require a quorum of 60% of the officials of the Executive Committee.
10. The President
10.1. The President shall carry out the following tasks:
10.1.1. To preside over Executive Committee meetings.
10.1.2. To bring forth and explain the matters to be discussed and the questions to be decided.
10.1.3. To ensure the execution of the decisions taken.
10.1.4. To ensure that minutes of the meetings are kept adequately and confirm their contents.
10.1.5. To represent the Federation on all occasions.
10.1.6. To represent the aspirations of the members and take such action as necessary and appropriate to realise these aspirations, duly expressed in General Meetings, in the Executive Committee meetings.
10.1.7. To comply with the provisions of the Statute and the rights of the members.
10.1.8. To induce unity among the members by keeping constant contact with and among Member Organisations and individual members.
10.1.9. To ensure accountability of the Executive Council.
10.2. The President shall be vested with the legal representation of the Federation.
11. Vice-Presidents (VP)
11.1. By agreement within the Executive Committee, one of the VPs shall assume the powers of the President in his absence.
11.2. The VPs shall by decision of the Executive Committee be tasked with a particular sphere of activity or be given the responsibility to lead a particular project - where they can channel their expertise as the needs may arise.
11.3. In case of resignation of the President, one of the VPs shall take up the duties of the President in the interim period until a new President is elected.
11.4. In any case, the VPs shall be responsible to:
11.4.1. Keep the list of member organisations updated
11.4.2. Propose new member organisations to the Council
12. Secretary General
12.1. The Secretary General shall:
12.1.1. Keep the minutes of every meeting of the Executive Committee.
12.1.2. Vouch for their correctness by their signature together with that of the President.
12.1.3. Keep any statutory records as required by law.
12.1.4. Be in charge of all correspondence and communications except for that relating to financial matters which shall be dealt with by the Treasurer.
12.1.5. Assist the President in the work of the Executive Committee particularly by notifying members thereof about meeting and other matters and to regularly update members of the Federation of the outcomes of meetings and other activities of the Federation.
12.1.6. prepare the Administrative Report for the General Meeting and any other matters pertaining to the appropriate administration of the Federation.
12.1.7. Carry out the elections of the Executive Committee and the Federation Council in the most transparent of manners.
12.1.8. Communicate with the Federation Council any matters for their consideration in accordance with this statute.
13. Treasurer
13.1. The Treasurer shall:
13.1.1. Administer the finances of the Federation and ensure the collection of all membership fees.
13.1.2. Keep proper books of accounts and shall submit a Financial Report supported by the auditors to the General Meeting.
13.1.3. Shall ensure that the Financial Report is reviewed and or audited in accordance with the Voluntary Organisations Act (Cap. 492 of the Laws of Malta).
13.1.4. Shall ensure the compliance with the law of Voluntary Organisations and submit the necessary documents on time.
13.2. The Treasurer is allowed to make one-off payments of up to €100 without the authorisation of the President. Official receipts are to be kept and documented at all times.
13.3. The President may authorise the Treasurer to make payments up to €500. However, payments in excess require the authorisation of the Executive Committee. Official receipts are to be kept and documented at all times.
14. General Meetings & Extraordinary Meetings
14.1. A General Meeting shall be convened at least once a year during which an Administrative report and a Financial Report are to be read and approved by the members present and voting. The report of the Federation Council shall also be read and approved by the members present and voting.
14.2. Notification of the forthcoming General Meeting shall be sent to members not later than one (1) month prior to the date set by the Executive Committee. Motions and amendments to the Statute are to be sent by members not later than three (3) weeks prior to the General Meeting. In case of proposed motions or amendments, the Secretary General is bound to forward notice thereof to all members not later than one (1) week from the date of the General Meeting.
14.3. The notification of the General Meeting shall indicate the venue and time of meeting and be accompanied by the agenda of the meeting.
14.4. The agenda of every General Meeting is to include:
14.4.1. The reading and approval of the Administrative and Financial Reports.
14.4.2. The reading and approval of the Federation Council Report
14.4.3. The appointment of an independent auditor for the Financial Report for the following year.
14.4.4. The appointment of an Administrator
14.5. An Extraordinary General Meeting is to be convened if fifty percent (50%) of the members of the Federation submit a written request to the President requesting such a meeting indicating the agenda they wish to put forward. The President and the Executive Committee shall be obliged to convene such extraordinary meeting, not later than six (6) weeks from the official submission of the written request.
14.5.1. Provided that the Secretary General is to notify all the members of the forthcoming Extraordinary General Meeting, which notification is to include the agenda, indicating the date, time and place of meeting, not later than four (4) weeks prior to the actual Extraordinary General Meeting.
14.6. For the purpose of voting for motions or amendments to the Statute or during Extraordinary General meetings, Member Organisations in Category A carry a weight of three (3) votes whilst Member Organisations in Category B and Individual Members carry one (1) vote.
14.7. Amendments to the statute require a simple majority vote unless they revise sections relating to elections, the Executive Committee’s functions and powers and the Federation Council’s functions and powers, the General Meeting rules as well as rules relating to membership which amendments shall require a two-thirds majority (2/3) of those present and voting.
14.8. The General Meeting may overturn any decisions taken by the Federation Council in relation to the acceptance or rejection of applications by simple majority. It may also review and overturn decisions in relation to disciplinary action taken by the Federation Council by simple majority.
15. Elections
15.1. Every two years, the General Meeting shall elect the five (5) members of the Executive Committee. Nominations of persons who wish to stand for the election must be submitted to the Secretary General by not later than one week from the date of the General Meeting.
15.2. The Secretary General shall prepare for the Executive Committee election by drafting a ballot sheet with a list of the names of those contesting the election. The ballot sheet must be distributed to the members eligible to vote at the General Meeting at least three (3) days before the General Meeting.
15.3. Each member may vote for up to five members in equal preference. The five (5) members with the most votes shall be elected to the Executive Committee. In case, there are only five (5) candidates, they shall be appointed to the Executive Committee.
15.4. The Secretary General shall also prepare for the Federation Council election in a similar fashion by preparing a ballot sheet with a list of the names of those contesting the election. Each member may vote for up to three members in equal preference. If there are only three (3) candidates, then they shall be appointed to the Federation Council.
15.5. Candidates for the election of the Executive Committee must be individuals who are part of a Member Organisation falling within Categories A, B or else individuals falling within Category C. Individuals part of a Member Organisation must show sufficient proof of their affiliation with that Member Organisation.
15.6. The Executive Committee shall in all cases be composed of at least 51% of individuals forming part of Member Organisations falling within Category A or Individuals from Category C who are either a person with a disability or a parent or guardian of a person with a disability who cannot speak for him / herself.
15.7. Where there is doubt that a candidate might have a conflict of interest, then his candidacy shall be referred to the Federation Council which shall without delay decide whether his candidacy is valid giving due regard to principles of natural justice.
16. Miscellaneous
16.1. There shall be an Annex 1 to the Statute with a list of all Member Organisations which list shall be kept up to date by the Secretary General.
16.2. The financial year of the Federation shall be from January 1st until 31st December.
16.3. The Federation shall designate three members of the Executive Committee as bank signatories being the President, Secretary General and the Treasurer. For the purposes of cheques, two signatures are sufficient for the validity of the issuance of such cheque.
16.4. In case of conflict, the English text of this Statute shall prevail over the Maltese version.
17. Dissolution
17.1. In the event that the Federation holds no meeting for a period of two (2) full years, this shall be construed to mean that the Federation has become inactive and therefore shall be dissolved. The remaining assets of the Federation shall be donated to a registered voluntary organisation for persons with different needs. In any case, it shall be communicated to the Commissioner for Voluntary Organisations the donations made by it. The Federation shall also send to the Commissioner for Voluntary Organisations any and all records it may have.