The Constitution

Rules of the Jamaica Badminton Association

1. NAME

The body shall be called “The Jamaica Badminton Association”, hereinafter referred to as “the Association”,
and these Rules shall hereafter be referred to as “the Constitution”.

2. OBJECTS

The objects of the Association shall be:

(a) To act as the governing body for the sport of Badminton in Jamaica and to manage and oversee the development of the game of Badminton in Jamaica.
(b) To uphold the laws of the game as adopted by the World Badminton Federation, with such alterations and additions thereto as may from time to time in the opinion of the Association be necessary.
(c) To make, maintain and publish regulations for the proper management of Tournaments and Competitions.
(d) To arrange, oversee and manage tournaments, matches and any other competition in Jamaica from time to time promoted by the Association or its members.
(e) To make, maintain, and publish regulations for any of the purposes of this Constitution.
(f) To implement the process for the selection of national team representatives at all levels and to appoint such managers and support officials as may be necessary for the preparation and management of national badminton teams;
(g) To enter into and carry out agreements and arrangements with other national and international bodies, governmental agencies and private corporations of any kind and with any individual to further the interests of the game of Badminton in Jamaica,
(h) Generally, to advance the interests of the game of Badminton in Jamaica and to encourage the establishment of Clubs, Affiliated Sectorial Badminton Associations and other organizations interested in the sport of badminton.

3. MEMBERSHIP

3.1 The Membership of the Association (collectively referred to as “the members” or “the membership”) shall consist of the following persons or entities provided that they meet the Association’s specified criteria for membership, and have agreed to abide by the Association’s bylaws, rules and regulations and have been approved by the Council for membership pursuant to Clause 3.2. :
(a) All affiliated Clubs (“Clubs”)
(b) Affiliated Sectorial Badminton Associations (“ASBA”)
(c) Individual Members.

3.1.B. For the purposes of this Constitution:
(a) A Club shall be a grouping of natural persons(not being less than 7) interested in playing badminton, with rules as to membership, duly appointed officers, regular meetings and playing times.
(b) An ASBA shall be an association of persons interested in the sport of badminton and may include persons with special interests in badminton (such as umpires, lines persons, schools) or regional bodies (such as municipality, town or parish associations), with rules as to membership, duly appointed officers, and regular meetings.

3.2 Membership Application

3.2.1 Application for membership by a Club or ASBA shall be made in writing to the Secretary on the form prescribed at Schedule A. The acceptance or rejection of such application shall rest entirely with the Council. The application shall indicate the name and address of the Club/ASBA, the number of members and the names of its Officers. The application shall also include a copy of the Club’s or ASBA’s rules.

3.2.2 Application for Individual Membership shall be made in writing to the Secretary on the form prescribed at Schedule B. The acceptance or rejection of such application shall rest entirely with the Council.

3.2.3 The specified criteria for membership shall be as required under this Constitution and determined by the Council from time to time and shall be published on the Association’s website, provided that where there are proposed to be variations in the criteria for membership, these shall be approved by the members at a general meeting.

4. GOVERNMENT

4.1 The Association shall be governed by a General Meeting at which delegates, nominated by the Clubs and ASBAs, and Individual Members shall be entitled to attend. The qualifications for attendance and voting powers of the membership shall be as set out in this Constitution, but the Chairman shall have a casting vote.

4.2 The Association shall be administered by a Council consisting of:
(a) The President,
(b) the Immediate Past President,
(c) a First Vice President,
(d) a Second Vice President,
(e) a Secretary,
(f) a Treasurer,
(g) 5 Councillors.
The individuals listed at (a) – (f) are hereafter referred to as “the Officers” and all of the members of the Council shall hereafter be referred to collectively as “the Council Members”.

5. APPOINTMENT OF COUNCIL

5.1 Each Annual General Meeting shall appoint a Council, which shall have administrative powers to carry out the work of the Association.

5.2 The Officers of the Council with the exception of the Immediate Past President shall be elected at General meetings and shall hold their positions for a term of two years; however, such Officers may continue to hold their positions until the conclusion of the Annual General Meeting when elections are held. In the case of the Immediate Past President, he or she shall hold his post for the period of one year.

5.3 Any Individual Member or member of a Club or ASBA nominated by that Club or ASBA shall be eligible to hold the office of Officer, and shall be at liberty to seek re-election at the end of their term of office.

5.4 The Councillors shall be elected at General Meetings and shall hold their positions for a term of one year; however, Councillors may continue to hold their positions until the conclusion of the Annual General Meeting when elections are held.

5.5 Any nominee of Club or ASBA or Individual Member, in good standing, shall be eligible to hold the office of Council Member.

5.6 Election of the Council shall be by ballot at the Annual General Meeting.

5.7 The term of office of any Officer or Councillor may be terminated at any time, by the Members voting in the General Meeting called for that purpose, on the basis of a request made by at least sixty percent of the Clubs and ASBAs in the Association.

5.8 The Council shall have power to appoint any individual who is a member of a Club or ASBA or Individual Member to fill any vacancy occurring among the Councillors until the next Annual General Meeting. In the event that an existing officer is appointed to fill a vacancy, upon the holding of the next Annual General Meeting, that officer shall cease carrying out the duties of the previously vacant post and shall resume his substantive duties. During the temporary absence from the island of any Council Member, the Council may appoint any nominee of a Club or ASBA or Individual Member to act in his place during such absence. Such appointee shall be an Individual Member or duly nominated representative of a Club or ASBA that is in good standing and shall not vote at Council meetings.

5.9 In the case of a vacancy arising in the office of President, the First Vice President shall immediately be appointed by the Council as President, until the next Annual General or Extraordinary General Meeting at which his position will be ratified or another President appointed. In the case of a vacancy arising in the office of First Vice President, the Second Vice President shall immediately be appointed by the Council as First Vice President until the next Annual General or Extraordinary General Meeting at which his position will be ratified or another First Vice President appointed. In the case of a vacancy arising in the office of the Secretary or Treasurer, the Council shall appoint from among its members, officers to fill these posts, provided that the President or First Vice-President may not be appointed to these positions.

5.10 Persons shall be considered for election to the post of any Council Member upon nomination by a Member and seconded by another Member from the floor at an Annual General Meeting

5.11 No person may hold the post of President for more than 3 consecutive terms.

6. POWERS OF THE COUNCIL

6.1 The Council shall exercise all powers and do all such things as may be exercised or done by the Association and (without prejudice to the generality of the foregoing) shall have power:
(a) To make and enforce regulations for Tournaments and Competitions from time to time promoted by or held under the auspices of the Association.
(b) To sanction, approve and regulate the dates of the holding of all matches, tournaments and Inter-Club competitions.
(c) To prohibit any act or practice by Members, which in the opinion of the Council is detrimental to the interest of the game, and to deal with Members disregarding such prohibition in such a manner as it may in its absolute discretion think proper.
(d) To suspend, revoke the membership, or otherwise impose sanctions on Members for any offence under the Constitution or Rules and Regulations of the Association, AND further to reinstate and restore the rights and privileges of such Members or players on such terms as it deems fit.
(e) To determine and administer sanctions on Members and players for any breach or infringement of the laws of the game or of the Constitution or Rules and Regulations of the Association.
(f) To decide all doubtful and disputed points in connection with the game and the laws thereof, and the Constitution, Rules and Regulations of the Association and any decision of the Council in this respect shall be final.
(g) To consider and deal with all applications for membership.
(h) To delegate any of its power, except that of borrowing money, to its duly appointed -Committees PROVIDED THAT in all cases the Chairman of any such Committee shall be a Council Member.
(i) To borrow money for any of the purposes of the Association.
(j) To enter into agreements, arrangements or affiliations with other parties on behalf of the Association and members.
(k) To do all such other things in the interests of the game and the Association as it may deem expedient.

7. MEETINGS OF THE COUNCIL

7.1 The Council shall meet at such times and places as it may from time to time decide, but it shall meet six (6) times at least every year.

7.2 Notice of every Council meeting, stating the business to be transacted thereat shall be sent to each member of the Council at least seven (7) days prior to the date fixed for such meeting and any notice required to be sent under this section may be by electronic mail or such other manner as may be determined by the Council.

7.3 Save as provided in 7.5 below, each Council Member shall have one (1) vote and the quorum for each meeting shall be five (5).

7.4 At each meeting of the Council, the President shall be Chairman, and in his absence, the First Vice President. In the absence of both of these officers, the Second Vice President shall be Chairman. In the absence of these three officers, the members present shall select a Chairman.

7.5 At each meeting of the Council, the Chairman shall have a vote as a Council Member, as well as the casting vote.

7.6 In the event of the lack of a quorum, a further Council meeting shall be held within thirty days of the adjourned meeting, at a date and time to be specified and advised to Council Members by the Honorary Secretary, not later than seven (7) days before such meeting date.

7.7 The Association may pay any reasonable expense which the Council or its members properly incur in connection with the discharge of their duties provided that such expenditure is approved by the Council and a record and accounting of such expenses is maintained by the Council and is available for inspection by members upon the giving of 7 days notice to the Council.

7.8 No council member may obtain a loan from the Association or receive any remuneration from the Association and shall not enter into any transaction or arrangement which may place that person in a position of a conflict regarding his duties to the Association unless the details of such proposed transaction or arrangement is disclosed to the Council and the Council indicates its non-objection.

7.9  Any member of the Council shall cease being a member in the following circumstances
(a) that person has been absent from 3 consecutive Council meetings without sufficient reason and without the permission of the Council;
(b) the person is requested to resign by all the members of the Council acting together provided that the person shall be afforded the opportunity to attend at that meeting and be heard;
(c) the term of his office expires and he is not re-elected;
(d) he or she resigns from his or her post with no less than 30 days notice to the Council;
(e) an ordinary resolution is passed for the removal of that person at a General Meeting or at an Extra-Ordinary General meeting, provided that the person shall be afforded the opportunity to attend at that meeting and be heard.

8. GENERAL MEETINGS

8.1  An Annual General Meeting of the Association shall be held at such a place as the Council shall decide during the month of April when:
(a) the accounts for the past year, duly audited, shall be presented.
(b) the Officers and Councillors for the respective terms be elected and,
(c) any general business transacted.

8.2 All members are entitled to attend General Meetings.

8.3 Clubs in good standing are entitled to nominate in writing two (2) representatives, each of whom shall have one (1) vote.

8.4 ASBAs in good financial standing are each entitled to two (2) representatives each having one (1) vote.

8.5 Individual members in good financial standing are entitled to attend General Meetings and speak but will not have a vote.

8.6 The Council Members shall be entitled to attend and speak at every General Meeting, but shall have no vote, save and except in the case of the President in his capacity as chairman.

8.7 Five (5) Clubs or ASBAs, duly represented, shall form a quorum for every General Meeting.

8.8 Every nomination of a Club/ASBA Representative for a General Meeting shall remain valid for every adjournment of such meeting and every such nomination may be cancelled or changed by written notification delivered to the Honorary Secretary of the Association at any time prior to the commencement of the meeting to which nomination related or an adjournment thereof.

8.9 If no quorum is present half an hour after the time appointed for such meeting, the meeting shall standad journed for a period not exceeding 30 days. The Secretary shall be responsible for advising Members of the date set for the next meeting. In the event that a quorum is not present on that occasion, the meeting shall nevertheless be deemed fully constituted.

8.10 Subject to 8.14, an Extraordinary General Meeting may be called at any time at the discretion of the Council, and shall be called by the Secretary within twenty-eight (28) days after the receipt of a request in writing to that effect given by five (5) or more Clubs or ASBAs. Such request shall state the business for which the meeting is to be called.

8.11 Any of the Membership whose subscription is in arrears shall not be entitled to nominate any representative to a General Meeting or to request an Extraordinary General Meeting.

8.12 At all General Meetings and Extraordinary General Meetings, the President shall be Chairman and in his absence, the First Vice President, and in the absence of both of these Officers, the Second Vice President, and in the absence of these, a Chairman shall be elected by the members present.

8.13 The Chairman of any General Meeting shall have an original as well as a casting vote.

8.14 Notwithstanding the provisions of 8.10, where the Council does not convene an Annual general Meeting in accordance with the Constitution, the Secretary shall convene an Extra-Ordinary General Meeting within 90 days of the elapse of the period for calling the Annual General Meeting at which:
(a) The Officers of the Council shall indicate the reasons for not holding the Annual General Meeting;
(b) The business of the Annual General meeting shall be conducted;
(c) The meeting shall consider (where considered necessary) resolutions pursuant to 7.9(e)

9. NOTICE OF GENERAL MEETINGS

Notice in writing of every General Meeting, stating the business to be transacted thereof and accompanied in the case of the Annual General Meeting by a Statement of Account for the past year and the names of the retiring Council Members, shall be sent to the Secretaries of all Clubs and ASBAs and to the other Council Members at least fourteen (14) days prior to the date fixed for such meeting and notice convening every such meeting, for the benefit of all, may be advertised in any newspaper or newspapers which the Council may think desirable.

10. NOTICE OF RESOLUTIONS FOR GENERAL MEETINGS

Particulars of resolutions to be proposed and carried at the Annual General Meeting or Extraordinary General Meeting shall be sent to the Honorary Secretary (in the case of the former) no less than twenty-one (21) days before such Annual General Meeting or Extraordinary General Meeting.

11. HONORARY LIFE MEMBERSHIP

11.1 The distinction of Honorary Life Member may be conferred at an Annual General Meeting at the nomination of a Club/ASBA or at the nomination of the Council for outstanding services rendered in connection with the game. Such a nomination must be approved by a majority voting at a general meeting. Clubs/ASBAs Constitution – Jamaica Badminton Association – November 2014 wishing to nominate a person for this office shall give due notice in writing to the Honorary Secretary at least twenty-one (21) days prior to the date fixed for the meeting.

11.2 The distinction shall carry with it the right to be notified of, and to attend and speak but not to vote at all General Meetings, but shall not preclude such person from being a representative of a Club or ASBA or from holding office.

12. RESIGNATION OF CLUB / ASBA FROM ASSOCIATION

12.1 Any Club/ASBA/IAM wishing to resign must give notice in writing to the Secretary before the 30th day of September in any year, and in default will be held liable, at the discretion of the Council, for the subscription for the ensuing year. Such Club or ASBA should provide such particulars to the Association relating to the reasons for its retirement upon giving its notice.

13. RESOLUTION OF DISPUTES

13.1 In all cases where any dispute arises between two or more Members of the Association, the matter shall,
in the first instance, be referred to a Sub-Committee of the Council for its determination on the facts and a
recommendation for action to the Council.

13.2 In any case where there arises a dispute between the Council and a Member or Members of the Association, the parties shall, in the first instance, refer the matter to a process of Arbitration, whereby the parties involved shall by mutual agreement name an Arbitrator. In the event that the parties are unable to agree on an Arbitrator, each party shall nominate an Arbitrator who shall sit on a Tribunal composed of such nominees, together with the nominee of the Jamaica Bar Association President. This latter nominee shall be the Chairman of such Tribunal and shall have a casting vote in its determination.

13.3 Nothing in this section shall prevent the duly appointed Sub-Committee or the Council from taking such action as it deems necessary to fulfil its function PROVIDED THAT in all cases the parties involved shall have an opportunity to make representations to the Sub-Committee, Council, or Arbitration Tribunal.

14. DISCIPLINARY MATTERS

14.1 In any case where the Council receives a complaint in writing, relating to the conduct of any Member or individual who is a member of a Club or ASBA, the Council shall appoint a Sub-Committee to hear and determine the facts of each case, and to make its recommendations to the Council for appropriate action, if
necessary. In all cases the parties involved shall be afforded the opportunity to make representations to the said Sub-Committee.

15. ACCOUNTS

15.1 The Financial year of the Association shall be prepared as at the 31st day of December of each year and finalized by March 1 of the following year. There shall also be prepared an annual Statement of Accounts by the Treasurer and duly audited by an Auditor to be appointed annually by the Council and who shall not be a member of the Council.

16. SUBSCRIPTIONS

16.1 The first annual subscription of the Association in all cases shall be payable upon the acceptance or notice of the application.

16.2 All Clubs shall pay an annual subscription fee, which becomes due and payable on the first day of January in each year. The annual subscription fee shall be as determined by the Council and approved by the Members at each Annual General Meeting.

16.3 All ASBAs shall pay an annual subscription fee, which becomes due and payable on the first day of January in each year. The annual subscription fee shall be as determined by Council and approved by the Members at each Annual General Meeting.

16.4 All Individual Members shall pay an annual membership fee on such date as shall be determined by the Council and approved by the Members at each Annual General Meeting. Constitution – Jamaica Badminton Association – November 2014

16.5 Any Club, ASBA or Individual Member whose first subscription remains unpaid for one (1) calendar month after the receipt of notice of affiliation, or whose annual subscription remains unpaid for one (1) calendar month after notification in writing of such non-payment, shall cease to be a member of the Association unless the Council shall otherwise determine.

17. PROPERTY

17.1 The property of the Association and all monies that may from time to time become the property of the Association shall be vested in the Officers as Trustees for and on behalf of the Association.

18. ADOPTION OF LAWS, ETC.

18.1 The laws of the game and the Rules and Regulations of the Association for the time being in force and the decisions of the Council on all doubtful and disputed points arising in connection therewith, shall be binding on all Clubs/ASBAs, the members thereof, and Individual Members.

19. ALTERATION OF THE CONSTITUTION

19.1  No alterations shall be made in these rules except at a General Meeting, notice whereof containing particulars of the proposed alterations shall have been given to the Affiliated Clubs/Groups at least fourteen (14) days before such meeting, and unless the resolution embodying such alteration shall be carried by a majority of at least two-thirds (2/3) of the persons present and voting at such meeting. Any alteration made shall take effect as from the date of such meeting, unless the meeting shall by like majority decide otherwise.

20. DISSOLUTION

20.1  The Association shall not be dissolved except at a General Meeting specially convened for the purpose and by a proposal carried by a majority of four-fifths of the votes cast.

20.2 In the event of such dissolution, any assets in hand shall be dealt with in accordance to such advice as received from the Association’s Accountants and Attorneys-at-law, as notified to the Members by the Council and passed by the Members at the General Meeting referred to at 20.1, and by a proposal carried by a majority of four-fifths of the votes cast.

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