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Donegal Society for the Protection of Cruelty to Animals

The main objective of the Society is:

To promote and provide for animal's welfare and to bring to an end all unnecessary animal sufferingamong all species of animals, whether domestic or wild, whether captive or free, and to prevent the emergence or acceptance of cruel practices, through means which are wholly and exclusively charitable and in accordance with the law for the time being in the Republic of Ireland.


Animal Welfare

Animal welfare is the viewpoint that animals, especially those under human care, should not suffer unnecessarily, including where the animals are used for food, work, companionship, or research.


The Five Freedoms

1. Freedom from thirst and hunger
2. Freedom from discomfort
3. Freedom from pain, injury and disease
4. Freedom to express normal behaviour
5. Freedom from fear and distress


Constitution of the DSPCA -
Amended July 09

DECLARATION ON ANIMAL RIGHTS

In as much as there is ample evidence

THAT WE SHARE THE EARTH with other animals, great and small;

THAT MANY OF THESE ANIMALS experience pleasure and pain;

THAT THESE ANIMALS deserve our just treatment; and

THAT THESE ANIMALS are unable to speak for themselves.

WE DO, THEREFORE, DECLARE THAT THESE ANIMALS,

HAVE THE RIGHT to live free from wanton exploitation, whether in the name of science or sport, exhibition or service, food or fashion;

HAVE THE RIGHT to live in harmony with their nature rather than according to human desires;

HAVE THE RIGHT to live on a healthy planet.

WE DO THEREFORE CALL FOR THE PROTECTION OF THESE RIGHTS.

CONSTITUTION

Name:

1 .The name of the Society is "The Donegal Society for the Prevention of Cruelty to Animals”.

Objectives:

2. The main objective of the Society is:

To promote and provide for animal’s welfare and to bring to an end all unnecessary animal suffering among all species of animals, whether domestic or wild, whether captive or free, and to prevent the emergence or acceptance of cruel practices, through means which are wholly and exclusively charitable and in accordance with the law for the time being in the Republic of Ireland.

3. Subsidiary Objectives

a) To establish the acceptance of animals as sentient beings.

b) To provide for the advancement of education by fostering knowledge among the public in general, and the young in particular, of the psychology and proper care of animals.

c) To disapprove of all “Blood Sports”

d) To establish and, maintain, an inspector.

e) To establish and, maintain a centre for injured and abused animals within the county and to provide appropriate treatment for their rehabilitation.

f) To secure, for companion, farm and captive animals in particular but for all animals so far as may be practicable, the following Freedoms: -

Freedom from hunger, thirst and malnutrition;

Freedom from discomfort;

Freedom from disease and injury;

Freedom to behave normally

Freedom from distress and fear.

4. Powers:

In furtherance of the aforementioned objectives, but not otherwise, the Donegal S.P.C.A. shall have the following powers: -

  1. To use every available lawful means to promote and advertise the Donegal S.P.C.A. to the public including, but not limited to:
  2. Co-ordination and encouragement of animal welfare in the county including participating with organisations provided that their main aims are compatible with the objectives of the Donegal S.P.C.A.
  3. Radio and television broadcasts, advertisements, published articles, books, pamphlets, public meetings, exhibitions, receptions, entertainment’s, film shows, sales and the sponsorship of the same;
  4. Providing information to public bodies, individuals and others who in the opinion of the Donegal S.P.C.A. are in a position, to assist in the promotion of its main objectives.
  5. Co-ordination and encouragement of animal welfare in the county including participating with organisations provided that their main aims are compatible with the objectives of the Donegal S.P.C.A.
  6. To purchase, hire, take on loan, develop, exchange, lend, let, lease, mortgage, charge, sell, dispose of or improve, work, manage or cultivate any real or personal property, chattels, rights, privileges or such other main objects or documents as the Donegal S.P.C.A. considers will enhance the promotion of its main objectives.
  7. To construct, maintain and to restore, replace, renew, rebuild, furnish, equip and alter any property of the Donegal S.P.C.A.
  8. To pay for or discharge any rent, rates, taxes, costs, insurance, improvements, repairs or other outgoings payable from time to time in respect of any property of the Donegal S.P.C.A.
  9. To obtain, collect and receive money and funds by way of contributions, donations, subscriptions, legacies, endowments, grants, loans or any other lawful method and to accept and receive any gifts or property of any description whether subject to any trust or not.
  10. To appoint Trustees, being in number at any given time not fewer than three, to hold, undertake or execute any charitable trust or hold in trust property as the case may be which may lawfully be held, undertaken or executed and which may further the above objectives.
  11. To procure, publish issue and distribute gratuitously or otherwise any newspapers, periodicals, books, pamphlets, leaflets, audio-visual material, advertisements, appeals or other literature.
  12. To provide, maintain, manage, operate and assist in or contract for the provision, operation, maintenance and management of land and premises, including animal shelters, in connection with the aforementioned objectives whether gratuitously or otherwise
  13. To acquire or become a member of any charity or charities formed whose objectives are compatible with those set out above.
  14. Through its appointed Trustees to purchase or otherwise acquire all or any part of the property, assets, liabilities and engagements of any other charity as may be beneficial to the Donegal S.P.C.A.
  15. Reasonably to remunerate any employee and to remunerate any person or body for services rendered. To grant pensions, gratuities, allowances or charitable aid to any person who may have served the society as an employee, or to the wives, husbands, children or other dependents of such person provided that such pensions, gratuities, allowances or charitable aid shall be no more than that provided by an occupational pension scheme and provided that such occupational pension scheme has been operated by the Society, and the beneficiary of the pensions, gratuities, allowances or charitable aid, or their spouse or parent, has been a member of the occupation al pension scheme while employed by the Society. And to make payments towards insurance and to form and contribute to provident and benefit funds for the benefit of any person employed by the society and to subscribe to guarantee money for charitable objects.
  16. To apply the income and property of the Donegal S.P.C.A. when so ever derived solely towards the promotion of the main objectives of the Society and no portion thereof shall be transferred by way of dividend, bonus or otherwise howsoever by way of profit to any member of the Society other than is provided for in sub-clause 3 (k).
  17. To provide funds and to make or assist in the making of arrangements for initiating or sponsoring projects of research or study in relation to the above objectives and for publishing and disseminating the useful results of such research.
  18. To invest in the name of the Trustees or a Nominee account designated to the Society, maintained by the Society's stockbrokers, monies and investments of the Donegal S.P.C.A which may require investment in any manner which may be thought fit, whether such investments are Trustee investments or otherwise or by the purchase of freehold or leasehold property. Provided however, that prior permission shall be obtained from the Revenue Commissioner in any case where income has been accumulated for a period in excess of two years, and the Revenue Commissioners shall be informed of the purpose of such accumulation.
  19. To vary any investments of the Donegal S.P.C.A. from time to time in such a manner, as may be considered to be most advantageous to achieving its objectives
  20. To borrow or raise money in such a manner as the Donegal S.P.C.A. shall think fit, and to secure the repayment of any money borrowed, raised or owing by mortgage.
  21. To hold and administer legacies
  22. To enter into arrangements with Local Authorities in connection with animal welfare as provided for or envisaged by the provisions of the Control of Dogs Act, 1986 and any amending or enabling or replacing legislation or regulations made there under or any legislation pertaining to other species.
  23. To form a Society (including to form itself into a Society) or- companies with limited liability to facilitate the operation of the Donegal S.P.C.A. and the achievement of its main objectives.
  24. To do all such acts and take all such steps as may be deemed incidental or conducive to the attainment of the main objectives of the Donegal S.P.C.A.

5. Membership

Membership of the Donegal S.P.C.A. shall comprise Members, Associate Members and Junior Members.

(i) Members:

Any person aged 18 years or over who supports the objectives of the Donegal S.P.C.A., who completes the application form prepared by the Donegal S.P.C.A. and who pays the annual subscription shall be entitled to become a member of the Society subject to the approval of the Committee, whose consent maybe withheld without assigning a reason.

  1. People who are involved in any activity which is considered by the Committee of the Donegal S.P.C.A. to be a form of cruelty towards any animal, whether domestic, farm or wild, cannot be accepted as a member.
  2. The Society disapproves of (1) Puppy Farming (2) Fox Hunting (3) Hare Coursing (4) Stag Hunting (5) Mink Hunting (6) Trapping, and although these activities are deemed legal within Irish Law they are not acceptable to the Society as it cares for all animals, domestic, farm and wild.

(ii) Associate Members:

Any person who supports the objectives of the Donegal S.P.C.A. and who the Committee agrees may become an Associate Member in order to give tangible support to the Society. Associate Members do not have voting rights.

(iii) Junior- Members:

Any person under 18 years of age who supports the objectives of the Donegal S.P.C.A. who completes the necessary application form and who pays the annual subscription.

(iv) Duties of Members:

  1. All members of the Branch shall accept and abide by the Constitution of the Society as amended from time to time.

  2. It shall be in the power of a General Meeting to elect Patrons and Hon. Life Members.

  3. A register of all Members shall be kept, showing the name and address of each Member, and the record of all subscriptions paid. The register shall be open for inspection at all times.

  4. Membership shall be terminated by;-

    (1) The Resignation of the Member.
    (2) The failure of the Member to pay the annual subscription fee within six months of the Annual General Meeting at which it was due
    (3) The Expulsion of the Member in accordance with the next succeeding clause.

  5. Voting Rights; Only Members who are on the Register three months prior to the AGM and have paid up all subscriptions due at that date shall have a right to vote at that Meeting.

  6. Liability of Members with reference to the obligations of their Society shall be limited to any subscriptions due from them. Subscriptions for the following year” are due on the “date of the AGM.

  7. All persons who, at the date of the adoption of this Constitution, have paid their subscription for the current year will be deemed to be Members of the Society and shall have the right to vote at that Meeting.

(v) Expulsion of Members:

The Society shall have power to expel any Member including any Committee Member who shall offend against the Constitution of the Society or current Irish Law, or whose conduct shall in the opinion of the Committee render such a Member unfit for the Membership of the Society. Before any such Member is expelled, the Hon Sec. shall give such a Member seven days written notice to attend a meeting of the Committee and inform such a Member of the complaints made against such a Member.

No Member shall be expelled without first having an opportunity of appearing before the Committee and answering complaints made against such a Member nor unless at least two-thirds of the Committee then present vote in favour of such expulsion.

6. General Meetings:

  1. There shall be held each year, at a time which coincides approximately (within 14 months of the previous Annual General Meeting) with the annual anniversary of the inaugural meeting, a Meeting known as the Annual General Meeting. All paid up Members shall be entitled to notice of such Meetings and to attend. All Members qualified under Membership rule 5(g) may vote at the first such meeting. – Rule 5(vi)(e) applies at all subsequent meetings. The quorum for the Annual General Meetings shall be 25% of registered members or such higher figures as the General Meeting may from time to time decide.

    The Chairperson of the outgoing Committee shall Chair such a Meeting till the election of a new Chairperson.

  2. The Agenda for an AGM shall include the Minutes of the previous AGM, Matters arising there from, discussion and adoption of the Annual Report and the Audited Accounts, any specific resolutions, election of new Officers and appointment of auditors and trustees.

  3. The Agenda of all other General Meetings shall include the Minutes of the previous General Meeting, Business arising there from and any specific resolutions for the meeting.

  4. The Committee or two thirds of the Members may convene an extraordinary General Meeting.

  5. Voting at all General Meeting shall be by a show of hands by all members who qualify under Rule 5(iv) (e), unless a poll is, before the declaration of the result of the show of hands, demanded by (1). The Chairperson , (2.) by at least four members present in person.

  6. All General Meetings shall be convened on 21 days written notice of all members sent by post to their latest address notified to the Society or E mail and non receipt of notification does not invalidate the proceedings of that meeting.

  7. Resolutions must be received by the Hon Sec at least 7 clear days prior to the date of the AGM and no resolution shall be carried unless it shall have the votes of not less than two thirds of the members present and voting.

  8. The quorum of all General Meetings shall be 25% of registered members as set out in Rule 6(a).

  9. The Society shall appoint a committee to be known a the “Management Committee” at the AGM consisting of
    a) Four members elected by the members present at the Annual General Meeting, and
    b) Two members – one member representative of the north of the County and one member representative of the south of the County. North and South will be determined by a line bisecting the county from Lifford to Dungloe and the individual representing the area (ie. north and south of the line) must reside in that area
    c) Individuals appointed at the Annual General Meeting following a nomination to the current chairperson by:
    c1) The District Veterinary Officer
    c2) The District Wildlife Officer
    c3) The County Veterinary Officer of Donegal County Council
    c4) The Chief Superintendent of the Donegal Garda Division
    c5) Two representatives of the ISPCA
    c6) One representative of the animal inspector service for the county, and
    c7) One representative of the Dog Warden Service for the County.
    and any other statutory body that the Meeting may from time to time consider appropriate.

  10. A Committee shall be appointed by the Meeting consisting of 6 persons as indicated . in Rule 6 (i) (a) and (b).and the nominated persons in Rule 6 (i) (c). Other than at it’s first meeting, all nominations for election to the Committee may be returned at the AGM . All nominations for elected positions must be proposed and seconded by a Society Member.

  11. At its first meeting, the new Committee shall elect, from within it’s own members, a Chairperson, who shall be one of the elected persons on the Committee. The Chairperson shall be deemed elected on a simple majority vote of those present.

    A Vice chairperson, Hon. Secretary, Hon Treasurer, Hon. Public Relations Officer and Hon Educational Officer shall also be elected by the Committee from those committee members present. All elected Officers shall be elected every year and no person elected to the committee may serve in any position for more than three consecutive years. The Helpline Co-ordinator or the Chief Executive Officer (as appropriate) of the society may attend at committee meetings but shall not have voting rights at these meetings

  12. Trustees may be elected or removed at an AGM.

7. Committees:

  1. The Committee shall assume the responsibility for the general running of the Society within the framework of the Constitution.

  2. The Committee may co-opt additional members to fill any vacancy on the Committee.

  3. The Committee shall have the powers to appoint all staff and to determine remuneration.

  4. The Hon. Sec shall at all time keep the Committee informed of all communications from Head Office of the ISPCA and all other correspondence.

  5. The Committee shall appoint delegates to attend General Meetings and Regional Meetings and any other meetings that shall be arranged by the ISPCA.

  6. All meetings of the committee shall be called by the Hon. Sec.

  7. The quorum of a Committee Meeting shall be not less than 5 members.

8. Finance:

The income and property of the Donegal S.P.C.A. shall be applied solely towards the promotion of its main objective as set out in this Constitution. No portion of the Society’s income and property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to members of the society. No officer shall be appointed to any office of the society paid by salary or fees, or receive any remuneration or other benefit in money or money’s worth from the society. However nothing shall prevent any payment in good faith by society of:

  1. reasonable and proper remuneration to any remuneration to any member of the society (not being an Officer) for any services rendered to the society.
  2. interest at a rate not exceeding 5% per annum on money lent by Officers or other members of the society to the society.
  3. reasonable and proper rent for premises demised and let by any member of the society (including any Officer) to the society.
  4. reasonable and proper out of pocket expenses incurred by any Officer in connection with their attendance to any matter affecting the society.
  5. fees, remuneration or other benefit in money or money’s worth to any Company.
  6. The Committee shall pay to the ISPCA any affiliation fees or other monies as agreed from time to time by the General Meeting of the ISPCA.
  7. The Committee shall cause proper books of account to be kept relating to all sums of money received and expended by the Society. The books of accounts shall be held by the Hon. Treasurer of the Society for the time being and shall at all reasonable times be open to inspection by the Committee.
  8. The Accounts of the Society shall be kept at a Branch of a Bank approved by the Committee. Two signatures must be on all cheques, one of which must be that of the Hon. Treasurer.
  9. The financial year of the Society shall be from 1st January to 31st December of each year.
  10. Annual Audited Accounts shall be kept by the Society and made available to the Revenue Commissioners on request.

9. Expenses and Remuneration

Every Member, Officer and Committee Member of the Society, unless otherwise stipulated by agreement, shall be remunerated by the Society for all costs, losses and expenses (including travelling expenses) incurred in or about the lawful business of the Society, carried out at the request of the Committee, except such costs, losses or expenses as have been incurred or occasioned by his or her own wilful act or default. All such expenditure shall be sanctioned by the Committee.

10. Affiliated Bodies

An organisation or association whose policies and objectives are in accordance with some or all of those of the Donegal S.P.C.A. may apply to be an Affiliated Body of the Donegal S.P.C.A. and be considered by the next Annual General Meeting of the Donegal S.P.C.A. and shall be decided by a two-thirds majority of those qualified to vote, who are present and voting.

11. Alterations

Alterations to this Constitution shall require the assent of not less than two- thirds of those qualified to vote, who are present and voting at a General Meeting.

(b) The Chairperson of the Society shall receive a Resolution for the alteration of the Constitution at least 21 clear days before the meeting at which the resolution is to be brought forward. At least 10 clear days' notice of such a meeting shall be given to the Members.

12. Winding Up

If on winding up or dissolution of the association there remains, after the satisfaction of all of its debts and liabilities, any property whatsoever, it shall not be paid to or distributed among the members of the society. Instead such property shall be given or transferred to the Irish Society for the Prevention of Cruelty to Animals having the main objects similar to the main objects of the society. The ISPCA shall prohibit the distribution of its income or property among its members The ISPCA shall have the obligation to hold such funds for the time being until a branch of the ISPCA shall be re-established within the County of Donegal

13. The Interpretation Act, 1937

10 (a) The Rules pertaining to the interpretation of Acts of the Oireachtas shall apply to the interpretation of this Constitution.

b) The Rules of Natural Justice shall apply to the interpretation of this Constitution and the application of its provisions in the same manner as they apply to Bunreacht Na hEireann, the Acts of the Oireachtas, Common Law, and
Equity.



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Donegal Society for Prevention of Cruelty to Animals
Donegal SPCA, P.O Box 115, Letterkenny, Co. Donegal
Freephone: 1800 303 202
Email: info@donegalspca.com
 
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