The Constitution of CMM

  1. NAME OF THE ASSOCIATION

The name of the Association is “The Company of Master Mariners of Sri Lanka” (CMM).

  1. REGISTERED OFFICE

The registered office of the Association is-
SECRETARIAT,
COMPANY OF MASTER MARINERS,
C/o Mission to Seafarers, Church St, Colombo 1.

  1. THE OBJECTIVES OF CMM ARE:

a: To endeavour to encompass all Sri Lankan Master Mariners into a coherent unit and to provide an opportunity for them to meet and interact with each other.

b: To facilitate continuous improvement of professional knowledge base of the CMM by publication and communication of information on new developments.

c: To enhance professionalism amongst Master Mariners and seafarers.

d: To make available to the government and the industry, the professional knowledge base of the CMM.

e: To print, publish and distribute any newsletters, periodicals, books or leaflets and maintain websites for the promotion of the Objects of the CMM.

f: To invest any monies of the Association not immediately required for any of its objectives in Licensed Banks and/or Government Securities, and with such sanction (if any) as may from time to time be prescribed by law.

  1. To provide, with the resources at the discretion of the CMM, in whole or in part for the support and maintenance of any Master Mariner in need and his dependents.

h: To make regulations for the good management of the affairs of the CMM and for the promotion of its objects.

Provided however that the CMM shall not support with its funds, or endeavor to impose upon, or procure to be observed by its members or others, any regulations or restrictions which would render it to be construed as a Trade Union.

  1. MEMBERSHIP

Membership of the CMM shall be open only to Sri Lankans holding a Certificate of Competency as a Master Class 1 Unlimited acceptable to the council.
No person shall be elected a Member unless he is of Sri Lankan nationality or has held Sri Lankan nationality at the time of commencing his sea career.

  1. CLASSES OF MEMBERSHIP

There shall be three classes of members – viz.

a: Ordinary member – new member joining by payment of ‘life membership fees’ upfront or existing ordinary member who continues to pay membership fees annually until the life membership is awarded after 15 years.

b: Life member – a member who paid ‘life membership fees’ upfront and continued as ordinary member for five years without blemish and upon acceptance by the council as life member.

c: Honorary member – a member who has made an outstanding contribution to the Shipping industry and CMM as recognized by the membership.

  1. MEMBERSHIP FEES SHALL BE AS FOLLOWS

Life Membership fees : Rs 25,000.00
Annual subscription- only for existing ordinary members : Rs 1,500.00

Admission and membership fees may be revised from time to time by a resolution passed with a simple majority of the membership
An existing ordinary member who is in arrears of membership fees for two (2) years shall ipso facto cease to be a member of the CMM, but shall be eligible to re-apply as a new member.

  1. COUNCIL

There shall be a Council of the CMM who shall be elected at the Annual General Meeting consisting of following office bearers and committee members

  • Office Bearers
  1. President.
  2. Vice President 1.
  3. Vice President 2.
  4. Secretary.
  5. Assistant Secretary.
  6. Treasurer.
  7. Assistant Treasurer.
  8. Editor.
  • Immediate Past President

The Immediate Past President who has completed a tenure in office shall be an ex-officio member of the council for the ensuing year.

  • Representative Members

In addition to the ex-officio members in a) and b), the Council shall consist of Five (5) members representing Non Sailing Members and Four (4) members representing Active Sailing Members. Each sailing member shall, in writing to the Secretary nominate an alternate sailing member before proceeding on a sailing tenure. In the absence of an Immediate past president as an ex-officio member, the number of non Sailing Members is to be increased to Six (6). (Amendment – 01/2014)

 

  1. FUNCTIONS OF THE COUNCIL
  2. a) to carry out the objectives of the CMM, including decisions for all matters incidental to or necessary for the fulfillment of the objectives of CMM.
  3. b) to prepare the annual Budget.
  4. c) to Admit members to CMM subject to council approval.
  5. d) to make Rules and regulations with regards to the functioning of the CMM in accordance with Resolutions and Regulations mentioned in Cl 14.
  6. e) to take steps for election of office bearers as per Cl 10.

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  1. f) to appoint standing committees and lay down standing orders for functioning of such committees.
  2. DUTIES AND RESPONSIBILITIES OF THE COUNCIL MEMBERS
  1. The President
  1. To be the head of the CMM and act on behalf of the CMM in all legal matters and to be the custodian of the common seal of the CMM.
  2. To preside at all meetings of the CMM and the Council.
  3. The general executive powers of the CMM shall vest in the President.
  1. The Vice Presidents
  1. To act for the President in his absence and/or as required by clause 11c and also to assist the President at all other times.
  2. To preside at all meetings where the President is unable to be present.
  1. The Secretary
  1. To make and keep records of the proceedings of the CMM and the Council and publish them as directed and approved by the Council.
  2. To conduct all correspondence concerning the work of the CMM in close co-operation with the Council.
  3. A Register of Members shall be maintained by the Secretary and shall be made available to the Council as and when required.
  1. The Assistant Secretary
  1. To act for the Secretary in his absence and/or as required by clause 11c and also to assist him at all times.
  1. The Treasurer
  1. To be the custodian of all funds and property of the CMM.
  2. To keep a record of all receipts and disbursements according to accepted business methods.
  3. To submit a statement of audited accounts at the Annual General Meeting.
  1. The Assistant Treasurer
  1. To act for the Treasurer in his absence and to assist him at all times.
  1. The Editor

The Editor shall endeavor to publish the journal of the CMM “Eight Bells” at least once a year. He also becomes a member of standing committee if any related to CMM publications.

  1. The Representative Members

To constitute the quorum at Council Meetings and to contribute to the deliberations and decisions of the Council. Also especially to represent the views of the members represented by them in matters concerning them.

  1. POWER OF COUNCIL TO BORROW AND SPENDING LIMITS
  2. The Council shall have the authority to borrow against CMM long-term fixed investments made as per Clause 3 (f). The total aggregate sum so borrowed in an administrative year shall not exceed Rupees One Million.
  3. The Council shall have the authority to utilize CMM funds upto Rupees One Million to facilitate one appropriate project approved by the Council for the administrative year. To utilize funds in excess of Rupees One Million the approval of the General Membership at a Special General Meeting or Annual General Meeting shall be required.
  4. The council will have authority to decide in providing Monetary assistance for immediate relief in case of a National Disaster which the council taking into consideration all aspects of the situation satisfies itself that such a relief measure is demanded by the circumstances and the limit of such monetary assistance shall be a maximum of Rs 200,000 per year. (Amendment – 02/2016).
  5. COUNCIL MEETINGS AND VALIDITY OF DECISIONS

The Council of the CMM shall, meet at least once every month or at more frequent intervals as may be necessary and be chaired by the President or one of the Vice Presidents in his absence. The quorum for such meeting shall be 7 members. Any decision of the Council shall be deemed valid if a simple majority is in favour. In the absence of a majority vote, the chair shall exercise the casting vote.

‘In exceptional circumstances where a council meeting cannot be held physically, due to Government declared restrictions, such meeting may be conducted virtually using a suitable online platform’.

  1. ELECTION OF COUNCIL AND VOTING
  2. The Council in every administrative year shall be elected by a ballot by the members at the Annual General Meeting (AGM).
  3. Any candidate for election as a Council Member shall with his written consent be proposed and seconded by two members. Notice of such proposal should reach the Secretary not less than three (3) weeks before the AGM.
  4. In the absence of a proposal in accordance with (b) of this clause, the Council may propose candidates with their consent.
  5. The candidates nominated for election including the proposals of the Council will be circulated to the general membership by the Secretary two weeks prior to AGM .
  6. The proposed names shall be announced by the President at the AGM. The members to the council shall be elected by a show of hands or by other means decided by the Council.
  7. Only names circulated as per (d) will be eligible for election as set out in (e).
  8. The elected Council will take office immediately after the election. The names of all members of the new Council will be circulated amongst the membership.
  9. At the election each member shall have one vote.
  10. Any member to be elected as a representative member in the CMM Council, the Member needs to have a minimum of two continuous years in the CMM as an Ordinary Member. (Amendment – 02/2016)
  11. Any member seeking to be elected as an office bearer must have served a minimum of one year as a member either in the council or in any of the sub committees.
  12. FILLING OF COUNCIL VACANCIES OCCURRIG AFTER AN AGM

Notwithstanding anything contained elsewhere to the contrary, and subject to sub clause ( c) hereof any vacancy in the Council arising after the Annual General Meeting shall be filled in the following manner.

  1. a) A vacancy occurring in any manner whatsoever in respect of the posts of President and Secretary of the Council of the CMM shall be filled at a Special General Meeting summoned for that purpose and any member seeking nomination for the said posts shall give written notice of such nomination to the Secretary not less than one (1) week before such Special General Meeting. Such vacancies shall be filled by a simple majority of members present and voting.
  2. b) Any other vacancy occurring in the Council after an Annual General Meeting shall be filled by a simple majority of the Council of the CMM.
  3. c) A vacancy referred in sub clause a) hereof, if occurring within three months preceding the next AGM, the Deputy official of the vacant Post as decided by the council shall act for the vacant position until the next AGM.
  4. RESOLUTIONS AND REGULATIONS

The Council shall be entitled to adopt with simple majority such resolutions as may be required for the procedures to be adopted in furtherance of the objectives of the CMM. Such resolutions shall be consecutively numbered and maintained as records. These resolutions may be appended to the constitution if deemed necessary as amendments passed at a general meeting or continued only as Resolutions as long as deemed necessary by the Council or shall be revoked when no longer required.

  1. GENERAL MEETINGS
  • The Annual General Meeting (AGM) of the CMM shall be held within Three (3) Calendar months after the end of each financial year. Written notice of such AGM, shall be given to members not less than two (2) calendar months before the said meeting. Members’ proposals to be tabled at the AGM should reach the Secretary within two weeks of such notice. The Agenda, Minutes of the previous AGM, Audited Accounts Statement and the said proposals, if any shall be circulated one month prior to the AGM. The quorum for such meeting shall be 30 members.

 

  • A Special General Meeting may be summoned at any time by a decision of the Council or by a written requisition signed by not less than 20 members. A written notice of thirty (30) days of such Special General Meeting shall be given to members and such notice shall specify the purpose for which the said meeting is summoned. The quorum for such meeting will be 20 members.

 

  • Notwithstanding the a) and b) above, an Emergency General Meeting may be summoned at short notice as deemed by the Council. The quorum for such meeting will be 15 members.
  • In exceptional circumstances where meetings referred in sub section a), b) and c) cannot be held physically, due to Government declared restriction, such meetings may be conducted virtually using a suitable online platform
  1. ADMINISTRATION / FINANCIAL YEAR AND AUDIT

The Administrative year of CMM shall be from one AGM to the next.

The Financial year of the CMM shall be from 1st April of each year to 31st March of the following year.

The finances of the CMM will be audited by an auditor appointed at the AGM.

  1. AMENDMENTS TO THE CONSTITUTION

Any amendment or revision of the constitution shall be at a General Meeting by simple majority in favor, provided that a minimum of 25% of the members present are voting.

 

The Company of Master Mariners of Sri Lanka.

Established                               08 12 1990

1st Constitution dated            05.01.1991

1st Amended constitution     1995

2nd Amended Constitution as Repealed and replaced 2006 a new (known as 2006 Constitution)

1st Amendment to 2006 Constitution; 2010

2006 CONSTITUTION – NEW

1st Amendment to 2006 Constitution 2010

2nd Amendment to 2006 Constitution 2011

3rd Amendment to 2006 Constitution 2012

4th Amendment to 2006 Constitution 2014

5th Amendment to 2006 Constitution 2016

6th Amendment to 2006 Constitution 2021

 

ANNEX 1; Table Of Council Resolutions

Consec. No Date adopted by Council Description / Name Remain as a resolution or appended to constitution Date appended to the Constitution
01/2010 June 2010 Insert Cl 3f and 12/Viii a) & b) Amended at AGM June 2010
01/2011 18th June 2011 Cl 7 Council and Functions Amended at AGM 18th June 2011
01/2012 June 2012 Cl 6 Life Membership Fees increased to 20,000 Amended at AGM June 2012
01/2014 14/06/2014 Council Members 7 (c) increased Amended at AGM 14 June 2014
01/2016 25/06/2016 10. Power of Council; insert (c) Election to Council insert 12 (i) and move existing I to j J Amended at AGM 25 June 2016
01/2021 01/10/2021 Cl. 5; Classes of Membership, CL 6; Membership Fees,  CL.11; Council Meetings and Validity Decisions, Cl. 15: General Meeting

 

 

 Amended at AGM 30 October 2021