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CONSTITUTION
Formed 1994 - Revised 1996
CONSTITUTION OF THE TARADALE CLUB INC.
BOWLING SECTION
OTHERWISE KNOWN AS "BOWLS TARADALE"
1.
NAME
2.
OFFICE
3.
OBJECTS
4.
MEMBERSHIP
5.
PATRON
6.
EXECUTIVE
7.
ELECTION
OF OFFICERS
8.
VACANCIES
9.
SECRETARY AND TREASURER
10.
GENERAL
MEETINGS
11.
POWERS OF
THE EXECUTIVE
12.
QUORUM
13.
SUBSCRIPTIONS
14.
LAWS OF
THE GAME
15.
COMMON
SEAL
16.
INDEMNITY
17.
ALTERATIONS TO THE CONSTITUTION
18.
WINDING
UP
19.
MATTERS
NOT PROVIDED FOR
20.
REPEALS
AND SAVINGS
1 NAME
The name of the Section shall be "BOWLS TARADALE"
2. OFFICE
The registered office shall be that of the TARADALE CLUB INC. situated at 55 Wharerangi Road, NAPIER.
3. OBJECTS
The objects for which the Section is established are to.
3.1 Promote foster and safeguard the game of Bowls and other sports and pastimes.
3.2 Establish, maintain and conduct a Bowling Section and generally afford to its members the accommodation, advantages, privileges and conveniences of the Section.
3.3 Deleted
3.4 Lay down, prepare and maintain Turf and/or Synthetic Outdoor or Indoor Bowling Green(s) and build or otherwise provide pavilions, clubhouses, sheds, workshops shelters and other buildings and conveniences in connection therewith and equip, furnish, alter, improve, repair, uphold and maintain the same respectively for the benefit and convenience of Members.
3.5 Provide facilities for, promote, organise, regulate, hold other events and give provide or contribute towards trophies and awards therefore.
3.6 Conduct such social activities as the Executive may from time to time approve.
3.7 Affiliate with N.Z.B.A and N.Z.W.B.A inc. or until it becomes Bowls N.Z. and do or join in doing all things calculated or tending to engender and maintain a fraternal feeling amongst bowlers.
3.8 Raise such sums of money in such manner and for such purposes as the Members in General Meeting may consider proper or expedient in accomplishing the objects and well-being of the Section
3.9 Use the funds of the Section for and to do all things as may be incidental or conducive to the attainment of the forgoing objects or any of them.
3.10 Deleted
3.11 Deleted
4. MEMBERSHIP
4.1 Classes of Membership
4.1.1 The membership of the Bowling Section shall consist of such numbers of Full Members and Life Members and of such respective numbers of the classes thereof as the Executive shall from time to time determine.
4.1.2 Full Members shall be entitled to all the playing and other privileges and advantages of full membership of the Section, except that only "Active Playing Members" of the Section shall be permitted to (enter Section Championship play and) represent the Section in Centre or National Championships Inter-Club Matches.
4.1.3 Deleted
4.2 Application for Membership
4.2.1 Application for membership shall be in writing addressed to the Secretary and in making such application the applicant shall be deemed to have agreed to be bound by this Constitution and the Rules made pursuant thereto. Eveiy application for membership shall be submitted to the Executive for approval subject to their clearance from their former Bowling Club. New members shall be admitted after payment of the annual subscription and approval of Mother Club.
4.2.2 The membership application form shall include an acknowledgment by the applicant that as a condition of membership of the Section, the applicant consents pursuant to the Privacy Act 1993 to personal information in the form of his/her name and residential address, office held [if necessary] and telephone number [if necessary] being included in a membership list for display in the club house and/or circulation to the members and inclusion in the annual statistical return supplied by the Section to the Centre for any one or more of the following purposes:
[1] the Centre's Membership records including Centre levy purposes:
[2] for publication and distribution in the Centre handbook [if necessary]:
[3] for distribution by the Centre for arrangements entered into with the sponsors
[4] for forwarding to Bowls N.Z. for its records including capitation fee purposes and/or for distribution by Bowls N.Z. pursuant to arrangements entered into with Sponsors.
If the application form omits, to include the acknowledgment referred to in 4.2.2 or if the acknowledgment is unsigned then it shall be the duty of the Proposer, Seconder and Secretary of the Section to ensure that the applicant is made aware of this provision of the Constitution.
4.3 Termination of Membership.
Any Member wishing to resign shall give notice to the Secretary who after acceptance by the Executive, shall at once inform the Member, but the Executive shall not accept the resignation until the financial obligations of the Member have been met.
The Secretary shall give to any financial Member whose resignation is accepted, or on request a Clearance Certificate on the approved form.
All resignations shall be in the hands of the Secretary prior to the Annual General Meeting in each year. In the absence of such notice Members will be liable for the current year's subscription unless reasons satisfactory to the Executive are given.
4.3.2 The Executive shall have the power to determine the membership of any Member who makes default in the payment of the Annual Subscription and other moneys |if any] owed by the Member for one month after written notice of the debt has been given by the Secretary.
4.3.3 Any Member whose membership is determined for failure to pay the Annual Subscription and or other due to the Section shall be reported to the Centre as a defaulter. However such Member shall not be relieved from the liability to pay such money.
4.4. Expulsion or Suspension of membership.
4.4.1 If the conduct of any Member of the Bowling Section shall be reported as objectionable other than relating to the laws of the game the Executive of the Bowling Section will report such Member to Taradale Club Inc. [Mother Club].
4.4.2 If the conduct complained of is deemed by the Executive of The Taradale Club Inc. [Mother Club] to be contrary to its Constitution or inconsistent with the character, welfare or interests of the Bowling Section and the Members response is considered to be unsatisfactory the Executive of the Taradale Club Inc. [Mother Club] have the power to expel or suspend or otherwise deal with the offending Member. In the event of expulsion or suspension, the Centre should be notified immediately.
4.4.3 Any Member dealt with in accordance with clause 4.4.2. of this constitution may within seven days after being notified thereof, appeal therefrom by notice in writing to the Secretary and thereupon within ten days a Special General Meeting shall be convened at which a report shall be presented by the Executive, the Member concerned heard and the matter determined by ballot. A majority of those valid votes cast by Full Members present [excluding Members of the Executive whose decision is subject to appeal] shall be required to carry any motion either to confirm the action of the Executive or determine otherwise and the Centre shall be notified of the decision of the Club. Pending the hearing of any appeal by any Member, any penalty or suspension shall not be operative until final adjudication thereon.
4.5. Deleted
Mother Club deals with discipline.
5 PATRON
On recommendation of the Executive the Section may elect a Patron at the Annual General Meeting.
6.1. The management of the affairs and business of the Section shall be vested in an Executive Committee of management in this Constitution referred to as the "Executive" consisting of the Officers, as herein after defined the Green Superintendent and a minimum of five other Full Members of the Section in the event of any Executive Officer of the Section filling two offices, an additional Member shall be elected to the Executive.
6.2. The Officers of the Section shall be the President, the two Vice President [s] the Immediate Past President, the Secretary and the Treasurer.
7.1. The Officers (other than the Immediate Past President] and other members of the Executive shall be elected at the Annual General Meeting, when they shall retire, but be eligible for re-election.
7.2. The retiring President shall hold the hold the Office of Immediate Past President until the next ensuing Annual General Meeting or until a successor shall become qualified to hold that Office.
7.3. Elections shall be conducted and declared in the following order;
[Patron]
President
[2 (two) ] Vice President [s]
Secretary
Treasurer
Delegate [s] and or Substitute Delegate [s] to the Centre
(Green Superintendent]
[5 Five] other Members of the Executive.
7.4. When more than the required number of candidates are nominated for any office, the election shall be by ballot, and no ballot paper shall be valid which does not record a vole for the exact number to be elected.
7.5. Any indication on any ballot paper of the status or qualification of any candidate shall render such ballot paper and vote invalid.
The Executive shall have the power to fill any casual vacancy occurring thereon.
9.1. Secretary - Duties
9.1.1 The Secretary shall:
(a) Summon and attend all General Meetings and Meetings of the Executive, keep Minutes of the proceedings thereof and record the attendance at Meetings of the Executive. (particulars of which shall be included in the Annual Report]
(b) Conduct all correspondence and generally perform such duties required under the Constitution and rules of the N.Z.B.A. and the N.Z.W.B.A. Inc. or until it becomes Bowls N.Z. and the Centre and/or this Constitution and any Rules promulgated pursuant thereto and such other duties as are usual to the Office.
9.2. Treasurer - Duties
9.2.1. The Treasurer shall:
(a) Collect and account for all subscriptions and other moneys payable to the Section. Bank to the credit of the Sections banking account, disburse the moneys of the Section under the authority of the Executive, and keep proper accounts of the financial affairs of the section.
(b) Keep a register of Members.
(c) Immediately after the close of each financial year prepare and submit to audit the statement of Accounts and Balance Sheet for the year, and present them together with a budget of the Income and Expenditure for the ensuring year, to the Annual General Meeting.
(d) The auditing of the Bowling Section Accounts and Balance Sheet shall be in accordance with procedures required and provided for by The Taradale Club Inc. (Mother Club) and be carried out by the Clubs appointed Auditor
10.1. Annual General Meetings
10.1.1. The Annual General Meeting of the Section shall be held in the month of (June) in each year, on such a day and at such a place as the Executive shall fix and determine. The business of the Meeting shall be to receive the Annual Report, Statement of accounts and balance sheet for the preceding year to elect and appoint office-bearers for the ensuing year, to consider and deal with Notices of Motion (which shall have been received by the Secretary not less than [thirty] days before the Meeting) and to transact any other general business of the Section
10.2. Special General Meeting
10.2.1. A Special General Meeting at which the only business for which the Meeting is convened shall be dealt with, may at any time be summoned upon the initiative and order of the Executive.
10.3. Notices of Meetings
10.3.1. At least seven clear days notice in writing of every General Meeting, specifying the place, day and hour of the Meeting and the nature of the business to be considered thereat, shall be given by the Secretary to every financial Full Member of the Section. The accidental omission to give any such Member notice of the Meeting, or the non receipt of same shall not invalidate the proceedings of the any General Meeting.
10.4. Chairman
10.4.1. The President or a vice President in that order shall preside at all General Meetings. However, if neither of these Officers be present or willing to act, the Meeting shall appoint any financial Full Member present to act as Chairman.
10.5. Procedure
10.5.1. At all General Meetings even financial Full Member Personally shall on each question have one vote, and in the case of an equality of votes the Chairman shall have a further or casting vote which, if exercised, shall be cast, except for elections when there shall be a re-ballot, with regard to the status quo.
10.5.2. Except for contested elections of office-bearers or otherwise provided by this Constitution, voting at General Meetings shall be on the voices or, if the chairman or any two Members present and entitled to vote shall so require by a show of hands, or by secret ballot as the case may be.
10.6. Minutes
10.6.1. The Chairman shall declare the result of the voting; an entry to effect made in the Minutes of the proceedings and duly confirmed as hereinafter provided. Such evidence shall be conclusive of the terms of any resolution of a General Meeting and of its being passed or rejected.
10.6.2. The Minutes of each General Meeting shall be confirmed at the ensuing Meeting of the Executive and finally confirmed at the next Annual General Meeting.
11 POWERS AND PROCEEDINGS OP EXECUTIVE
11.1. Without prejudice to the general powers by this Constitution conferred upon it by the Executive shall have the power to do all things which it may consider proper or expedient for accomplishing the objects and carrying on the affairs of the Section and in particular shall have the specific power to:-
11.1.1. Control, manage or expend the funds of the Bowling Section, including the power to invest or otherwise deal with such funds not currently required.
11.1.2. Appoint from its own Members or otherwise such sub-committees as it may from time to time deem necessary or proper. The President or in the absence of that Officer a Vice-President shall be ex-officio a Member of every such committee.
11.1.3. Appoint at pleasure remove Greenkeepers and other employees and define their duties and powers.
11.1.4. Make and repeal such decisions as arc not required by this constitution and the Rules of the Section associated therewith to be submitted to a General Meeting as it may consider necessary or proper for the well-being of the Section.
11.1.5. Waive reduce or remit subscriptions.
11.1.6. Deleted
11.2. Every resolution of the Executive which is not inconsistent with, or does not purport to repeal or alter anything contained in the respective constitution and Rules of N.Z.B. A. or N.Z.W.B.A. or until it becomes B.N.Z Inc. The Centre and this Bowling Section, or any resolution of any General Meeting of the Bowling Section, shall be binding on all Members of the Bowling Section unless and until set aside by a resolution of a General Meeting of the Bowling Section.
11.2.3. The Executive may meet together for the dispatch of business, adjourn and otherwise regulate its Meetings as it shall think fit. A Meeting of the Executive may be convened by the President or the Secretary, or by any two other Members of the Executive.
11.2.4. The President, or in his/her absence, a Vice-President shall preside at all Meetings of the Executive at which he/she is present. In the absence of these Officers, the Meeting shall appoint its own Chairperson
11.2.5. Except as otherwise required by this constitution. All questions shall be determined by a bare majority of voles. Each Member personally present and entitled to vote shall on each question have one vote, and in the case of an equality of votes the Chairperson shall have a further or casting vote which shall have due regard to the status quo. No proxies shall be allowed.
12. QUORUM
12.1. The quorum for all Section General Meetings shall be no less than 12 financial members and for any Executive Meeting shall be one more than half of the number of financial Full Members entitled to vote provided that should such number not be a whole number, the quorum shall be the next whole number.
12.2. No business shall be transacted at any General Meeting or Executive Meeting unless a quorum shall be present except that those present may fix a date and venue for the re-convening of the Meeting.
12.3. If a quorum is not present within an hour after the appointed time for it, the Meeting, if convened upon the requisition of Members shall be dissolved. In every other case it shall stand adjourned to a time and place to be fixed by the Chairperson on adjourning the Meeting. If at the adjourned Meeting a quorum is not present within half an hour after the appointed time, the Members shall be a quorum.
13. SUBSCRIPTIONS
13.1. The Annual Subscription due and payable by Members on the first day of APRIL in every year shall be such as shall from time to time be prescribed by the Section in General Meeting after consultation with the Taradale Club Inc.
13.2. If paid within [thirty days] [one month] after due date, the subscription of Subscribing Full Members may be subject to such amount of rebate as the General Meeting shall determine.
13.3. If the annual subscription of any Member and any other moneys owing by such member to the Section shall remain unpaid after the [first] day of November in any year the Member shall be deemed to be unfinancial and shall not thereafter, unless the Executive shall otherwise determine in special circumstances, be entitled to exercise or enjoy any right, or privilege or advantage of Membership until all such moneys shall have been paid.
14. LAWS OF THE GAME
14.1. All Matches shall be played in accordance with the Laws of the Game and its Associated Regulations provided by N.Z.B.A. or N.Z.W.B.A or until it becomes BNZ Inc. the Section and its Members shall, as a condition of the continuance of affiliation lo the said Association, at all times and in all respects conform to and be bound by the constitution and Rules of such Association.
15. COMMON SEAL
The Common Seal of the Bowling Section shall be that of The Taradale Club Inc.
16. INDEMNITY
The Executive and other Officers of the Bowling Section shall be indemnified by the Section against all disbursements, expenses, liabilities and losses incurred by them in or about the discharge of their duties except such as happen from their own wilful act, neglect or default.
17 ALTERATIONS TO CONSTITUTION
This Constitution shall be amended, added to, or rescinded only by a resolution in that behalf by a majority of Full Members present and voting at an Annual meeting convened for that purpose, providing the written notice of the proposed amendment, addition or rescission shall have been given to the Secretary not less than [thirty] days before the meeting.
No such amendment, addition or rescission shall be valid unless or until approved by the Centre and accepted by the Registrar of Incorporated Societies. No addition to or alteration or rescission of this Constitution shall be adopted if it in anyway affects the Winding-Up Clause 18 hereof unless it shall be approved by the Inland Revenue Department.
18. WINDING UP
In the event of the Bowling Section winding up the funds and assets shall return to The Taradale Club Inc. [Mother Club]
If any matter shall arise which is not, or in the opinion of the Executive is not provided for, by or under this Constitution, the same shall be determined by the Executive in such a manner as it shall deem fit, and every such determination shall be binding upon the Section and its Members unless and until set aside by a resolution of a General Meeting.
The Constitution and Rules of the Section as operative at the date of adoption of the Constitution herein are hereby repealed, but all existing appointments to office and all acts of authority which originated thereunder and are subsisting or in force on the coming into operation of this Constitution shall endure as if they had originated under this constitution.