UMBOGINTWINI BOWLING CLUB. Constitution and Rules

Revision 0.1 As adopted by the Executive Committee 16 July, 2009

_______________________________ Dave Gardner President – Umbogintwini Bowling Club

NAME 1. (1) The name of the Club shall be Umbogintwini Bowling Club and may be shortened to “Twini Bowling Club” or “TNI” and shall be referred to as “The Club” in this document (2) The Club will carry out lawn bowling activities at Oppenheimer Road, Umbogintwini, district of Amanzimtoti, KwaZulu-Natal, South Africa. COLOURS OF THE CLUB 2. The colours of the Club shall be Royal Blue, White and Gold or as the Executive Committee from time to time may determine, subject to approval or rejection by the PNB and or Bowls SA. INTERPRETATION 3. (1) In these rules, unless the contrary intention appears:- (a) “Committee” means the Executive Committee of The Club as described in Rule 16. (b) “Financial year” means the year ending on 31st October. (c) “General Meeting” means a general meeting of members convened in accordance with Rule 23. (d) “Member” means a full member of The Club. (e) “Ordinary Member of the Committee” means a non-executive member of the Committee. (f) “Executive Member of the Committee” means an executive member of the Committee as described in Rule 16. (g) “PNB” means Port Natal Bowls (District). (h) “Bowls SA” means Bowls South Africa the controlling body of the sport in South Africa. (i) The singular shall include the plural. (j) A reference to the male gender shall include the female gender. (2) In these Rules, a reference to the Secretary of the Club is a reference:- (a) To the person who holds office under these Rules as Secretary of the Executive Committee and; (b) In any other case, to the Public Officer of the Club. (3) The Executive Committee shall be charged with the interpretation and the meaning of any words or expressions contained in these Rules, where doubt arises, subject to confirmation of such interpretation or its contradiction by a general meeting called for that purpose. STATEMENT OF PURPOSES 4. (1) The objects for which the Club is established are:- (a) To maintain and conduct a Club of a non-political character and to provide a clubhouse, bowling green and other conveniences for the use and recreation of the members at such place or places as decided by the members. (b) To raise and borrow any monies required for the purposes of the Club upon such terms and conditions and/or on such securities as may be determined. (c) To purchase, take, lease, exchange, hire or otherwise acquire any real or personal property and other rights and privileges necessary or convenient for the purpose of the Club. (d) To construct, alter, add to, or maintain all buildings and other property belonging to the Club. (e) To improve, manage, develop, turn to account or otherwise deal with all or any part of the property of the Club. The Club is prohibited from making any distribution whether in money, property or otherwise to its members, unless it does so in terms of a dissolution resolution passed by a majority of members at a Special General Meeting called for the purpose of deciding on the fate of the Club and the distribution of its Assets upon dissolution of it due to circumstances beyond the control of the Executive Committee and or the members of the Club. In making such a resolution cognisance shall be taken of Rules 56 and 57, which will serve as a guideline in the absence of consensus. (f) To foster the game of bowls (g) To affiliate with Bowls South Africa and District Port Natal (h) To ensure that the game is played in accordance with the Laws of the Game as laid down by Bowls South Africa. (i) To apply for, hold and renew a club licence pursuant to the Liquor Control Act and any permit or authority there under. (j) To formulate and put into effect such other objects as the members shall determine, but always to have in mind the advancement and best interests of the game of bowls and the engendering by association of fraternal feeling amongst bowlers. (k) To do all such things as are incidental or necessary for the purpose of the above objects. MEMBERSHIP 5. (1) The Club shall consist of the following classes of Members:- (a) Full Bowling Members. (b) Social Members. (d) Junior Members. (2) Full Bowling Members (First call) alone shall be eligible for office (3) Full Bowling Members (Including Dual membership) shall be eligible to vote at meetings and be entitled to all the privileges of the Club. (4) Social and Junior Members shall be entitled to the privileges set out in these Rules, but have no voting rights APPLICATION FOR MEMBERSHIP 6. (1) A person aged not less than 18 years who is nominated and elected to membership as provided in these rules is eligible to be a member of the Club on payment of the entrance fee and annual subscription payable under these Rules. (2) A person who is not a member of the Club at the time of the incorporation of the Club (or who was such a member at the time but has ceased to be a member) shall not be elected to membership:- (a) Unless he is nominated as provided in sub-clause (3); and (b) His admission as a member is approved by the Executive Committee. (3) A nomination of a person for membership of the Club:- (a) Shall be made in writing in the form set out in Appendix 1; and (b) Shall be lodged with the Secretary of the Club. (4) As soon as is practicable after the receipt of a nomination the Secretary shall post it on the Club’s notice board for exhibition of least seven days immediately preceding the day of election, an interval of not less than two weeks shall elapse between the date of nomination and date of election. (5) Members shall be elected by the Committee by ballot; (a) Two adverse votes shall exclude the applicant. (b) The decision of the Committee as to whether any candidate has been duly elected or not shall be final. (c) A record shall be kept by the Secretary or members of the Committee voting at any election of Members of any classification. (d) Applicants may be required to attend an interview by two or more of the Executive Committee Members. During such an interview the club rules and any other relevant information may be disclosed to the applicant. During this interview process, the applicant may ask pertinent questions to gain an understanding of any matter pertaining to the law of bowls or the rules and regulations of the Club. (6) Upon a nomination being approved by the Committee, the Secretary shall, with as little delay as possible, notify the nominee in writing that he is approved for membership of the Club and request payment within the period of 28 days after receipt of the notification of the sum payable under these rules as the entrance fee and the first year’s annual subscription. (7) The Secretary shall upon payment of the amounts referred to in sub-clause 6. (6) within the period referred to in that sub clause, enter the nominee’s name in the register of members kept by him and, upon the name being so entered, the nominee becomes a member of the Club. (8) If a newly elected member fails to pay his subscription within 28 days after his election, his election shall be void unless he justify the delay to the satisfaction of the Committee. (9) The payment of the subscription or using the Club’s property shall imply a member’s acquiescence in the Rules, By-Laws and Regulations of the Club. (10) Any person whose application for membership is rejected or whose election is voided under Rule 6.(8) shall not again be nominated for a period of at least one year from the date of the rejection or voidance of membership. (11) A right, privilege, or obligation of a person by reason of his membership of the Club:- (a) Is not capable of being transferred or transmitted to another person; (b) Terminates upon the cessation of his membership whether by death, resignation or otherwise. SOCIAL MEMBERS 7. (1) Any person over the age of 18 years may be elected a Social Member of the Club. (2) Social Members shall be entitled to all the privileges of the Club other than the right to vote or to hold office or to take part in official bowling fixtures on the Club greens. (3) Subject to the provisions of Rule 10. (3), Social Members shall pay an annual subscription as laid down by the Executive Committee and ratified at the Annual General Meeting. JUNIOR MEMBERS 8. (1) No person under the age of 18 years shall be admitted as a member other than as a Junior Member. (2) Any person of good character aged not less than 12 years nor more than 18 years who is nominated and approved for Junior Membership of the Club in accordance with these Rules is eligible to be a Junior Member on payment of the entrance fee and Annual Subscription payable under these Rules. (3) Junior Members shall not be entitled to purchase or consume liquor on the premises of the Club nor shall they be eligible to hold office or vote at any meeting of the Club, but shall be entitled to participate in such Bowls activities on the greens as the Committee shall determine. (4) On attaining the age of 18 years, Junior Members shall be ineligible to continue in such membership class but shall be eligible for nomination and election to other membership as provided in these Rules without delay. ENTRANCE FEE AND ANNUAL SUBSCRIPTION 9. (1) The entrance fees unless otherwise determined by the Committee after the Annual General Meeting are:- (a) Full Members – R 0.00 (b) Social Members – R 0.00 (c) Junior Members – R 0.00 (2) Any member transferring to another class of membership shall pay the difference between the entrance fees for the respective membership classes where a higher entrance fee is applicable. (3) A defined annual subscription of not less than R160.00 or such lesser amount approved by the Committee for any particular class of member shall be fixed from year to year by the Committee prior to the Club’s Annual meeting and shall be due and payable in advance and immediately after being confirmed at such Annual Meeting. (4) The annual subscriptions shall be pre-determined by the Executive Committee and then ratified at the Annual General meeting (5) If a member enters after the 1st day of January in any year the subscription for the then remaining portion of the year shall be fixed at the discretion of the Committee, and will usually be calculated at a pro-rata rate (6) The Committee is empowered to prevent any member whose subscription is in arrear from exercising the whole or any of the privileges of the Club. (7) Any member failing to pay the Annual Subscription within three (3) months of the commencement of the year in which membership is due for, shall thenceforth cease to be a member, but should a sufficient explanation be made to the Committee, It shall have the power to restore his name to the members’ register upon payment of the amount due. (8) Should any member of the Club cease to be a member for any cause whatsoever, for one or more years he may be readmitted, without paying back-subscriptions, provided a majority of the Committee consent thereto. (9) Any member contemplating absence for a period may on application to the Committee be granted leave of absence for a period not exceeding two years, subject to the payment of a nominal amount fixed by the Executive Committee. REGISTER OF MEMBERS 10. (1) The Secretary shall keep and maintain, a register of members in which shall be entered the full name, address and date of entry of the name of each member together with the date of the latest payment of his subscription and the register shall be available for inspection by members at the address of the Club. (2) Every member shall communicate in writing any change of his address to the Secretary who shall register same. (3) Unless the Committee shall otherwise decide, the maximum number of members of the Club shall be two hundred (200). (4) The Committee shall ensure that Full Members constitute at least 40 per cent of the total membership of the Club excluding Junior and Social Members and persons who are members by reason only of reciprocal arrangements with another Club. LIABILITY OF MEMBERS 11. If a member, by breach of any of these rules, or by any unlawful act, causes the Club or any officer of the Club to pay any money, such member shall be civilly liable to the Club or such officer for the amount so expended RESIGNATION OF A MEMBER 12. (1) A member of the Club who has paid all money due and payable by him to the Club may resign from the Club, by giving one months notice in writing to the Secretary of his intention to resign and upon the expiration of that period of notice, the member shall cease to be a member. (2) Any member failing to tender his resignation prior to the beginning of each financial year shall be liable fo the subscriptions for the ensuing financial year except in the case of exceptional circumstances, when the Executive Committee shall have full discretionary powers. (3) Upon the expiration of a notice given under sub-clause 11 (1), the Secretary shall make in the register of members an entry recording the date on which the member by whom the notice was given ceased to be a member. (4) Any member retiring from the Club, or ceasing for any reason whatever to be a member thereof, shall not have any right, title or interest in or to any property of the Club. DISCIPLINE 13. (1) Should any member of the Club, in the opinion of the Committee, commit any wilful breach of the Constitution, Rules or Bye-Laws of the Club, or be guilty of improper, dishonest, or unsportsmanlike conduct, or be guilty of conduct in any way offensive to the members or to the Committee, or to introduce into the Club any person whose presence therein shall be prejudicial to the interest or reputation of the Club, or objectionable to the members, or be guilty of conduct unbecoming or prejudicial to the interests of the Club, the Committee may by resolution (a) Exonerate the member (b) Reprimand the member (c) Suspend the member for a period of not more than 3 months (d) Expel such member and in the case of expulsion, the subscription paid by such member shall be forfeited (e) Give such member the opportunity of tendering his/her resignation from the Club (2) A resolution of the Committee under sub-clause 13.(1):- (a) does not take effect unless the Committee at a meeting held not later than 14 days after the service on the member of a notice under sub-clause 13.(3) confirms the resolution in accordance with this clause; and (b) Where the member exercises a right of appeal to the Club under this clause does not take effect unless the Club confirms the resolution in accordance with this clause. (3) Where the Committee passes a resolution under sub-clause 13.(1), the Secretary shall, as soon as practicable, cause to be served on the member a notice in writing:- (a) Setting out the resolution of the Committee and the grounds on which it is based; (b) Stating that the member may address the Committee at a meeting to be held not later than 14 days after service of notice; (c) Stating the date, place and time of that meeting; (d) Informing the member that he may do one or more of the following:- (i) Attend that meeting; (ii) Give to the Committee before the date of that meeting a written statement seeking the revocation of the resolution; (iii) Not later than 24 hours before the date of the meeting, lodge with the Secretary a notice to the effect that he wishes to appeal to the Club in a General Meeting against the resolution. (4) At a meeting of the Committee held in accordance with sub-clause 13. (2), the Committee:- (a) Shall give to the member an opportunity to be heard; (b) Shall give due consideration to any written statement submitted by the member; and (c) Shall by resolution determine whether to confirm or to revoke the resolution. (5) Where the Secretary receives a notice under sub-clause 13. (3)(d)(iii), he/she shall notify the Committee and the Committee shall convene a General Meeting of the Club to be held within 21 days after the date on which the Secretary received the notice. (6) At a General meeting of the Club convened under sub-clause 13. (5):- (a) No business other than the question of the appeal shall be transacted; (b) The Committee may place before the meeting details of the grounds for the resolution and the reasons for the passing of the resolution; (c) The member shall be given an opportunity to be heard; (d) The members present shall vote by secret ballot on the question whether the resolution should be confirmed or revoked. (7) If at the General Meeting:- (a) two-thirds of the members present vote in favour of the confirmation of the resolution, the resolution is confirmed; and (b) in any other case, the resolution is revoked. (8) (a) At the expiration of any financial year in respect of which any person shall have paid the subscription, the Committee, if of the opinion that it is undesirable and not in the interest of the Club that such person should continue to be a member, may decline to accept any further subscriptions from such person. (b) The Secretary shall notify such person of this decision and he shall thereupon cease to be a member of the Club. (c) The member shall have the same right of appeal and on the same conditions as stated in sub-clause 12. (3)(d)(iii). DISPUTES AND MEDIATION 14. (1) The grievance procedure set out in this rule applies to disputes under these rules between:- (a) a member and another member; or (b) a member and the Club. (2) All disputes must, in the first instance, be referred to the Committee in writing, must be duly signed and clearly set out the precise nature of the dispute. (3) The parties to the dispute, must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties. (4) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend the meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator. (5) The mediator must be:- (a) a person chosen by agreement between the parties; or (b) in the absence of agreement- (i) in the case of a dispute between a member and another member, a person appointed by the Committee; or (ii) in the case of a dispute between a member and the Club, a person who is a mediator appointed or employed by PNB or Bowls South Africa. (6) A member of the Club may be the mediator. (7) The mediator cannot be a member who is a party to the dispute. (8) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation. (9) The mediator, in conducting the mediation, must:- (a) Give the parties to the mediation process every opportunity to be heard; and (b) Allow due consideration by all parties of any written statement submitted by any party; and (c) Ensure that natural justice is accorded to the parties to the dispute throughout the mediation process . (10) The mediator must not determine the outcome of the dispute. (11) If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Acts applicable otherwise at law. BOWLS SECTIONS 15. (1) The Club shall consist of two Bowls Sections - Ladies and Men’s - of which all members are affiliated with PNB. These sections are represented by duly elected, Men’s and Ladies’ Competition Secretaries. (2) The Men’s and Ladies Competition Secretaries shall be responsible to the Committee for the management and conduct of all Section Bowls activities including respective Club Championships, PNB competitions and normal Club weekend bowls. (3) The Men’s and Ladies Competition Secretaries shall both be responsible to the Committee for the conduct of mixed events as are approved by the Committee. (4) The duties of the Competition Secretaries shall be:- (a) to arrange the Section fixture programme for the season; (b) to arrange teams for and control all Section fixtures; (c) to make the draw for all Section competitions. (5) (a) The Section’s members shall all be affiliated to PNB (b) In playing Bowls members shall observe the Laws and Rules of both PNB, and Bowls South Africa. (c) Failure to observe any such Laws and Rules will render the offending player liable to disqualification from the match or competition. (6) Each Section’s Competition Secretary shall attend ordinary monthly meetings of the Committee and provide appropriate feedback regarding competitions, club championships and other pertinent events. EXECUTIVE COMMITTEE 16. (1) The affairs of the club shall be managed by the Executive Committee. (2) The officers of which shall be:- (a) The President (b) Two Vice Presidents (One Male and One Female) (d) The Secretary (f) The Treasurer (g) 1 or 2 additional members (3) Additionally the following office bearers may be appointed, but not form part of the Executive Committee:- (a) A Club Manager (b) A Green Keeper (c) A Spokesperson for the Catering Committee (4) The Executive Committee shall have the power to co-opt additional members for particular purposes whenever the need arises. (5) The Executive Committee:- (a) Shall control and manage the business and affairs of the Club; (b) Shall, subject to these rules and Regulations exercise all such powers and functions as may be exercised by the Club other than those powers and functions that are required by these rules to be exercised by the Members in General Meeting, of the Club; (c) Subject to these Rules and Regulations, the Committee has power to perform all such acts and things as appear to the Executive Committee to be essential for the proper management of the business and affairs of the Club; (d) May from time to time delegate any of their powers to such Sub-Committees consisting of members of the Club as they shall appoint and they; (i) may recall or revoke any such delegation or appointment; (ii) ensure that all Sub-Committees exercise their delegated powers in conformance with the Rules and Regulations of the Club and to any further regulations prescribed by the Executive Committee. Sub-Committees shall be subject and sub-ordinate to the Executive Committee, provided that the Executive Committee shall always have control over the supply of liquor to the Club. (e) Shall on the authority of a General Meeting of the Club impose levies on the members. (f) Shall authorise all expenditure and direct the method of dealing with monies received for or on behalf of the Club; and (g) Shall have power from time to time to make by-laws and regulations not inconsistent with these Rules for the efficient working of the Club, and (i) May alter, amend or rescind same as occasion may require; (ii) All by-laws shall be entered into a book by the Secretary, which shall be available for inspection by the members, on request. (6) Each officer of the Executive Committee shall hold office for 12 months or until his successor is elected but is eligible for re-election. (7) In the event of a casual vacancy in any office, the Committee may appoint one of its members to the vacant office and the member so appointed may continue in office up to and including the conclusion of the Annual Meeting next following the date of his/her appointment. 17. (1) Additional Sub-Committees may be appointed such as:- (a) A Disciplinary Sub-Committee (b) A Catering Sub-Committee (c) A Selection Sub-Committee (2) Each ordinary member of these Sub-Committees shall, subject to these rules, hold office for 12 months or until his successor is elected but is eligible for re-election. (3) In the event of a casual vacancy occurring in the office of an ordinary member of a Sub-Committee, the Committee may appoint a member of the Club to fill the vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the Section Annual Meeting next following the date of his appointment NOMINATIONS FOR EXECUTIVE COMMITTEE AND SELECTION COMMITTEE 18. (1) Nominations duly proposed, seconded and accepted in writing for Executive Committee, Members and Competition Secretaries for the ensuing year shall be made on the nomination lists provided on the club notice board. The list shall remain on the Club notice board for twenty one (21) days and shall be removed from the Club notice board not later than fourteen (14) days before the date set for the Annual General Meeting. (2) The Proposers, Seconders and Nominees must print and sign their names on the nomination forms for the above positions. (3) Only members of at least ONE year’s standing shall be eligible to serve on the Executive Committee. (4) In the event of insufficient nominations, the members whose nominations have been received by the Secretary on or before the closing date for nominations shall be declared elected at the Annual General Meeting and candidates for the remaining vacancies to be filled by the Executive Committee at its first meeting after the Annual General Meeting. (5) In the event of two or more nominations for the same office of the Committee being received, vacancies shall be balloted for at such meeting. Successful candidates declared elected at the Annual General meeting shall hold office for the ensuing year. (6) Competition Secretaries will be elected at the Annual General Meeting from nominations received on the nominations board. Men ONLY shall vote for the Men’s Competition Secretary and Women ONLY shall vote for the Women’s Competition Secretary. SELECTION SUB- COMMITTEE 19. (1) Two selection Committees, namely a men’s and a women’s selection committee comprising three members each, shall be elected at the Annual General Meeting men and women voting separately for their respective selection committees (2) In addition to the above, the competition’s secretary for each section shall form part of the selection committee. (3) From the elected members, the convenor of the selection committee shall be appointed by the Executive Committee (4) In the event of equal votes, the convenor of each selection committee shall have a casting vote in addition to his deliberative vote (5) The duties of the Selection Committee shall be:- (a) The selection of teams and sides to represent the Section in Competition fixtures; and (b) The selection and recommendation of other playing representatives of the Club. (c) To determine player handicaps for Section handicap competitions. (6) In the event of a casual vacancy occurring on the Selection Sub-Committee, the Executive Committee may appoint a member to fill such vacancy. (7) The Selection Sub-Committee shall have power to co-opt any member to assist in its duties but a final decision on any matter within its duties shall rest entirely with the Selection Sub-Committee. (8) Should any member of the Selection Committee be a candidate to represent the Club in any tournament or competition excluding league, he/her shall retire pro tem from his/her selection committee. Three members shall form a quorum. Should three not be available, the Executive committee shall appoint replacements. (9) Club representation in the Bowls SA Championships (Men and Women) shall be based on nominated teams only. No preconditions shall be imposed and the composition of such teams shall be the responsibility of those members involved. Participation shall be restricted to those members who are fully paid up and have nominated Twini Bowling Club as their “First call” club CATERING SUB- COMMITTEE 20. (1) A Catering Sub-Committee comprising three (3) members may be nominated by the Executive Committee. (2) The duties of the Catering Committee shall be:- (a) To organize and arrange the provision of catering and non-alcoholic refreshments at Club events. (3) In the event of a casual vacancy occurring on the Catering Sub-Committee, the Executive Committee may appoint a member to fill such vacancy. (4) The Catering Sub-Committee shall have power to co-opt any member to assist in its duties but a final decision on any matter within its duties shall rest entirely with the Catering Sub-Committee. PROCEEDINGS OF EXECUTIVE COMMITTEE 21. (1) The Executive Committee shall meet periodically at least 10 times in each year at such place and such times as the Committee may determine (2) A member of the Executive Committee unable to attend any meeting thereof shall notify the President or Secretary stating the cause of his/her inability to attend. (3) The absence from three consecutive meetings shall deprive a member of his position as an official of the Club, save that leave of absence may be granted by the Committee (4) Special meetings of the Committee may be convened by the President or by any 3 of the members of the Committee. (5) Notice shall be given to members of the Committee of any special meeting specifying the general nature of the business to be transacted and no other business shall be transacted at such a meeting. (6) Any 4 members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee. (7) No business shall be transacted unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to a mutually agreed date and time, unless the meeting was a special meeting in which case it lapses. (8) At meeting of the Committee:- (a) the President or in his absence the Vice-President shall preside; or (b) if the President and the Vice-President are absent, such one of the remaining members of the Committee as may be chosen by the members present shall preside. (9) Questions arising at a meeting of the Committee or of any sub-committee appointed by the Committee shall be determined on a show of hands or, if demanded by a member, by a poll taken in such manner as the person presiding at the meeting may determine. (10) Each member present at a meeting of the Committee or of any sub-committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote and, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote. (11) Written notice of each Committee Meeting shall be served on each member of the Committee by hand delivery, at a reasonable time before the meeting or by sending it by prepaid post addressed to the usual or last known place of abode of the Committee member, at least two business days before the date of the meeting. (12) Subject to sub-clause 21. (4), the Committee may act notwithstanding any vacancy on the Committee. (13) A copy of the minutes of any Executive Committee Meeting shall be made available to any member – on request. ANNUAL GENERAL MEETING 22. (1) The Club shall in each calendar year convene an Annual General Meeting of its members. (2) The Annual General Meeting shall be held at such date and place as the Executive Committee determines; but not later than the 30th day of November. (3) The Annual General Meeting shall be specified as such in the notice convening it, and such notice shall be posted on the notice board of the Club 21 days before the fixed date (4) The ordinary business of the Annual General Meeting shall be:- (a) to confirm the minutes of the last preceding Annual General Meeting and of any General Meeting held since that meeting; (b) to receive from the Executive Committee the Annual report upon the operations and activities of the Club during the last preceding year; (c) to receive from the Executive Committee the Annual Audited Financial report upon the transactions of the Club during the last preceding financial year. (d) to elect officers of the Executive Committee; (e) to confirm the amount of Annual Subscriptions; (f) to appoint an Honorary Auditor in accordance with Clause 40 of the Constitution (g) to elect such sub-committees as the Executive Committee shall determine; (h) to transact any other business affecting the interest and welfare of the Club, of which due notice has been given according to the Rules; and (i) to transact any other general business, of which due notice has been given according to the Rules; but any resolutions arising from such business shall be recommendations to the Executive Committee only. (5) A quorum for an Annual General Meeting shall be 25 full bowling members who are in good standing with the Club. If within half an hour after the appointed time for the commencement of the Annual General Meeting, a quorum is not present, the meeting shall be adjourned to the same day and time of the following week. If again there is no quorum present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than 15) shall be a quorum. (6) The President or in his/her absence, one of the Vice Presidents, or in the absence of all three Officers, any other Executive Committee member shall preside at such Annual General Meeting until a president for ensuing year has been elected (7) The Annual General Meeting shall be in addition to any other General Meetings that may be held in the same year. (8) No motion or proposal shall be carried without a two thirds majority of those present, in good standing and entitled to vote. SPECIAL GENERAL MEETING 23. All General Meetings other than the Annual General Meeting shall be called Special General Meetings. 24. (1) The Executive Committee may, whenever it thinks fit, convene a Special General Meeting of the Club and where, but for this sub-clause, more than 15 months would elapse between Annual General Meetings, shall convene a Special General Meeting before the expiration of the said 15 months from the date of the last Annual General Meeting. (2) The Executive Committee shall, on the requisition in writing of not less than 15 members whose subscriptions are not in arrear, convene a Special General Meeting of the Club. (3) The requisition for a Special General Meeting shall state the objects of the meeting and shall be signed by the members making the requisition and be sent to the address of the Secretary and may consist of several documents in a like form, each signed by one or more of the members making the requisition. (4) If the Executive Committee does not cause a Special General meeting to be held within one month after the date on which the requisition is sent to the address of the Secretary, the members making the requisition, or any of them, may convene a Special General Meeting to be held not later than 3 months after that date. (5) A Special General Meeting convened by members in pursuance of these rules shall be convened in the same manner as nearly as possible as that in which those meetings are convened by the Executive Committee and all reasonable expenses incurred in convening the meeting shall be refunded by the Club to the persons incurring the expenses. (6) No motion or proposal shall be carried without a two thirds majority of those present, in good standing and entitled to vote. NOTICE OF MEETING 25. (1) The Secretary of the Club shall except as provided in paragraph 24. (5), at least 14 days before the date fixed for holding a General Meeting of the Club and subject to Rule 34, cause to be sent to each member of the Club at his address appearing in the register of members, a notice by pre-paid post stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting. (2) A copy of the notice shall be posted on the notice board of the Club. (3) No business other than that set out in the notice convening the meeting shall be transacted at the meeting. (4) A member desiring to bring any business before a meeting may give notice of that business in writing to the Secretary, who shall include that business in the notice calling the next General Meeting after the receipt of that notice. (5) In accordance with the Constitution - twenty one (21) days notice of a General Meeting must be given to members on matters which require a resolution to be passed by three quarters of the members present and voting. NOTICES 26. (1) A notice may be served by or on behalf of the Club upon any member either personally or by sending it by post to the member at his address shown in the Register of Members. (2) Where a document is properly addressed pre-paid and posted to a person as a letter, the documents shall, unless the contrary is proved, be deemed to have been given to the person at the time at which the letter would have been delivered in the ordinary course of postal deliveries. PROCEEDINGS AT MEETINGS 27. (1) All business that is transacted at a Special General Meeting and all business that is transacted at the Annual General Meeting with the exception of that specially referred to in these Rules as being the ordinary business of the Annual General Meeting shall be deemed to be special business. (2) No item of business shall be transacted at a General Meeting unless a quorum of members entitled under these rules to vote is present during the time when the meeting is considering that item. (3) 25 members personally present (being members entitled under these rules to vote at a General Meeting) shall constitute a quorum for the transaction of the business of a General Meeting. (4) If within half an hour after the appointed time for the commencement of a General Meeting, a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and in any other case shall stand adjourned to a mutually agreed date and time or by written notice to members given before the day to which the meeting is adjourned, and if at the adjourned meeting the quorum is not present within half an hour after the time appointed for the commencement of the meeting, the members present (being not less than 15) shall be a quorum. 28. (1) The President or in his absence one of the Vice-Presidents shall preside as Chairman at each General Meeting of the Club. (2) If the President and the Vice-Presidents are absent from a General Meeting, the members present shall elect one of their number to preside as Chairman at the meeting. 29. (1) The Chairman of a General Meeting at which a quorum is present may, with the consent of the meeting, adjourn the meeting from time to time and from place to place, but no business shall be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place. (2) Where a meeting is adjourned for 14 days or more, a like notice of the adjourned meeting shall be given as in the case of the General Meeting. (3) Except as provided in sub-clauses 29. (1) and 29. (2), it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting. 30. A resolution of a question arising at a General Meeting of the Club shall be determined on a show of hands and unless before or on the declaration of the show of hands a poll is demanded. A declaration by the Chairman that a resolution has, on a show of hands, been carried, carried unanimously, carried by a particular majority or lost and so recorded in the Minute Book of the Club shall be evidence of the fact without requiring proof of the number or proportion of votes recorded in favour of, or against, that resolution. 31. (1) for the deciding of any questions arising at a General Meeting of the Club, a member has one vote only. (2) All votes shall be given personally. (3) In the case of tie of votes on a question, the Chairman of the meeting is entitled to exercise a second or casting vote. 32. (1) If at a meeting a poll on any question is demanded by not less then ten members, it shall be taken at the meeting in such manner as the Chairman may direct and the resolution of the poll shall be deemed to be a resolution of the meeting on that question. (2) A poll that is demanded on the election of a Chairman or on a question of an adjournment shall be taken forthwith and a poll that is demanded on any other question shall be taken at such time before the close of the Meeting as the Chairman may elect. 33 (1) At any Annual General Meeting, or Special General Meeting between the close of the previous financial year and the Annual General meeting, only those members who were fully paid up at the close of the previous financial year shall be entitled to vote. (2) A member is not entitled to vote at any other Special General Meeting unless all monies due and payable by him to the Club have been paid. 34. (1) Proxy voting shall only be permitted at the Annual General Meeting. (2) All resolutions of the Annual Meeting of members or of any Special Meeting of the Club shall be conclusive and binding on all members, whether they shall have been present at such meeting or not. NON-COMPLIANCE WITH RULES 35. Non - compliance with any of the Rules shall not render any proceeding void unless the members at a General Meeting so direct. PRESIDENT 36 (1) Except as otherwise provided in these Rules the President shall preside at all meetings, regulate and keep order in all proceedings, and carry into effect the Rules and By-Laws of the Club. (2) In the event of equality of votes at any Executive Meeting Annual General Meeting or General meetings, the chair person shall have a casting vote in addition to his/her deliberative vote VICE PRESIDENTS 37. The two vice presidents shall assist the president at all times and shall deputise for the president as stipulated in the Constitution SECRETARY 38. The Secretary of the Executive Committee:- (a) Shall be the Executive Officer of the Executive Committee; (b) Shall keep minutes of the resolutions and proceedings of each General Meeting and each Executive Committee Meeting in books provided for this purpose together with a record of the names of persons present at Executive Committee Meetings, and General Meetings. (c) Shall conduct all correspondence in connection with the general business of the Club; (d) Shall prepare for submission to the Annual General Meeting the report of the Executive Committee and on the activities of the Club during the year; (e) Shall in any other respect carry out the duties usually associated with the office of Secretary. (f) Shall keep in his/her custody or under his/her control all records, documents and securities of the club, except as otherwise provided in these Rules. (g) A register of members shall be kept by the Secretary. A copy of this register shall be held available at the Club premises at all reasonable times. TREASURER 39. (1) The Treasurer of the Executive Committee:- (a) shall collect and receive all moneys due to the Club and make all payments authorised by the Executive Committee; (b) shall keep correct accounts and books showing the financial affairs of the Club with the particulars usually shown in books of a like nature and full details of all income and expenditure connected with the activities of the Club; (c) Shall arrange for the deposit of all moneys belonging to the Club with the Club’s bankers; (d) Shall prepare annual financial statements and cause these to be audited by an Honorary auditor, as provided for in 22.4(c) and 40(1), and submit such audited financial statements to each Annual General Meeting; (e) Shall submit a statement of cash transactions and of the financial position of the Club, including bank balances, at each ordinary meeting of the Executive Committee. (2) The accounts and books referred to in sub-clause39 (1)(b) shall be made available for inspection by members – on request. HONORARY AUDITOR 40. (1) An Honorary Auditor shall be appointed at the Annual General Meeting, who shall examine all books and financial records in the hands of the Treasurer and certify the same annually. The Honorary Auditor shall be empowered to check all stock, books or vouchers pertaining to the Club and certify the same annually. (2) The Honorary Auditor might be a member of the Club (3) The Honorary Auditor may not be a member of the Executive Committee, or any person co-opted onto the Committee by the Executive Committee REMOVAL OF MEMBER OF THE EXECUTIVE COMMITTEE 41. (1) The Club in Special General Meeting may by resolution remove any member of the Executive Committee before the expiration of his term of office and appoint another member in his stead to hold office until the expiration of the term of the first-mentioned member (2) Where the member to whom a proposed resolution referred to in sub-clause 41. (1) makes representations in writing to the Secretary or President of the Executive Committee (not exceeding a reasonable length) and requests that such be communicated to the members of the Club, the Secretary or the President may send a copy of the representations to each member of the Club or, if they are not so sent, the member may require that they be read out at the Meeting. INDEMNITY OF OFFICERS 42. Where the Secretary or Treasurer in their official capacity, as such, has paid or is liable to pay any sum of money for any act, default or omission of another person in prejudice of the club, such money shall either be refunded to them by the Club or be paid by the Club. BANKING ACCOUNT 43. (1) The banking account of the Club shall be kept with such Bank as shall from time to time be nominated and appointed by the Executive Committee. (2) All cheques drawn on the account and all drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by two of the approved current signatories, provided that should any of these officers be absent through illness or other cause and a substitute or acting appointment be made by the Executive Committee, then such person acting in the place of any one of the officers, mentioned shall be empowered to sign in like manner. ACCOUNTS 44. No expenditure exceeding R1000.00 shall be entered into without the consent of the Executive Committee and all accounts due by the Club shall be passed by the Executive Committee before payment is made unless otherwise authorised by the Executive Committee. CONTROL OVER PROPERTY 45. (1) Except that the negotiation of a loan, the issuing of debentures, the giving of any security over any property of the Club, the selling or purchasing any realty, the leasing of any land or buildings the property of the Club for any term exceeding three years, and all other measures in any way extending the liabilities of the Club beyond the assets and estimated revenue of the Club shall require the previous sanction of a General or Special General Meeting of the Club, the property of the Club shall be subject to the control and disposition of the Executive Committee who are empowered to negotiate loans, issue debentures and sell or purchase any realty and lease any land or buildings of the Club for any term exceeding three years, subject to such sanction as aforesaid. (2) The orders in writing of a quorum of those assembled at the meetings, and signed by the President of the day, and attested by the Secretary, shall vindicate anything done or purported to be done by them in pursuance of such direction, and no person not being a member of the Club shall be entitled to enquire into the regularity of such direction beyond the verification of the signature of the Secretary. BORROWING POWERS 46. (1) If at any time the Club in General Meeting or Special General meeting shall pass a resolution authorising the Committee to borrow money, the Executive Committee shall thereupon be empowered for the purpose of the Club to borrow such amount of money, either at one time or from time to time and at such rate of interest, and in such form or manner and upon such security as shall be specified in such resolution and thereupon the Executive Committee shall make all dispositions of the Club property, or any part thereof and enter into such agreements in relation thereto as the Board may deem proper for giving security for such loans and interest. (2) All members of the Club shall be bound by the decision of the meeting. FUNDS 47. (1) The funds of the Club shall be derived from entrance fees , Annual Subscriptions, green fees, competition entry fees, donations and such other sources as the Executive Committee determines. (2) The Club shall provide and maintain its facilities from the joint funds of the Club. APPLICATION OF PROFIT 48. (1) The Club is a non-profit Club. (2) The profits and other income of the Club shall be applied to the promotion of the purposes for which the members of the Club are associated together and no payment of any dividends or distribution of profits or income to or amongst the members of the Club shall be made. (3) No person shall receive a greater profit benefit or advantage from the Club than that received by every member thereof other than a remuneration or honorarium approved by the Executive Committee for work done by the Secretary, Treasurer or other officer of the Club or salary or wages paid to employees. APPOINTMENTS 49. Club Manager (1) A Club Manager shall be appointed by the Committee as and when required. The duties of the incumbent shall be to manage, under the direction of the Committee, the clubhouse and all facilities therein. The incumbent shall be responsible for the selling of liquor in terms of the Club’s liquor licence and all matters incidental thereto. (2) The Club Manager shall account to the Treasurer for all money accrued from the sale of liquor or entrusted to his/her care from other sources. (3) No profit from the sale of liquor shall accrue to the Club Manager or any other member of the Club. 50. Green Keeper (1) A Club Green keeper shall be appointed by the Committee as and when required. His/her duties will be to maintain the greens in good playing condition, recommend to the Committee, the opening and closing of greens and/or rinks, maintain the banks and surrounding areas and supervise the maintenance of the green keeping machinery/equipment (2) The Green keeping staff shall be jointly managed by the Green keeper and the Club Manager (3) The Green Keeper shall have full control and supervision of the playing area and power to prevent play at any time when it is considered the area may be injured thereby and notice posted by the Green Keeper shall be sufficient. (4) No member shall be allowed to play on the playing area unless wearing approved smooth soled and heel-less bowling shoes. (5) In the absence of the Green Keeper, any two members of the Executive Committee shall have power to prevent play at any time. (6) In all other respects the supervision and control of the playing area and lawns shall be in the hands of the Executive Committee whose ruling thereon shall be final. SUPPLY OF LIQUOR 51. (1) A visitor shall not be supplied with liquor in the Club premised unless in the company of a member. (2) No persons shall be allowed to become honorary or temporary members of the Club or be relieved of the payment of the regular subscription except those possessing the qualifications defined in these Rules and subject to the conditions and regulations prescribed herein. (3) No liquor shall be supplied to any person under the age of 18 years. (4) No liquor shall be supplied or sold for consumption elsewhere than on the Club premises unless such liquor is removed from the premises of the Club by the member purchasing the same. (5) No persons under the age of 18 years, except persons who are being trained as waiters and who are not allowed to serve behind the bar, shall be employed by the Club. VISITORS 52. (1) Members of the Club may bring, 3 guests to the Club during the hours in which it is lawful to supply the guests to a licensed Club with liquor provided that no person shall be introduced as a visitor who has been expelled from membership of a bowling club or whose conduct or presence on the Club’s premises shall be considered objectionable or prejudicial to the interests of the Club. (2) The names of all guests and the names of members introducing them shall be recorded in a book kept for that purpose, and the introducers shall be responsible for their conduct and any damage they may cause while in the Club. Such visitors may only remain in the Club during the pleasure and in the presence of the member introducing them to the Club. (3) The foregoing restrictions shall not apply to visitors attending a particular function or particular occasion conducted on the Club’s premises (4) Any member may object to the presence of any guest, and in such case, the guest must immediately retire from the Club. (5) The privileges of this rule may be withdrawn by a majority decision made at an Executive Committee or Special Executive Committee Meeting called for such purpose. (6) Guests may be allowed to take part in bowls games (tabs in), but not to the exclusion of members of the Club. (7) Members introducing guests are held responsible for any debts contracted by them to the Club. OBJECTIONABLE BEHAVIOUR 53. (1) On the Club premises no objectionable language or unlawful gambling or betting shall be allowed. (2) Any infringement of this rule may be brought to the notice of the Executive Committee, who will take the appropriate action in accordance with the Regulations under 13 (1) DAMAGE TO PROPERTY 54. (1) No member shall remove from the Club House, deface or otherwise injure any article, the property of the Club. (2) Members removing, breaking or damaging any article, the property of the Club, shall pay for the same at a price fixed by the Executive Committee. CLUB-HOUSE OPEN 55. The Club-House shall be open to members for such times, and on such conditions, as may be decided and published by the Executive Committee from time to time. WINDING UP OR CANCELLATION 56. In the event of the winding up or cancellation of the incorporation of the Club, the assets of the Club, both real and personal, after payment of all debts and liabilities of the Club and of all costs, charges and expenses properly payable in connection with the sale and realisation of the Club’s property shall be divided up and amongst and between such charitable or kindred organisations in such manner and proportions confirmed by three quarters of the membership in a ballot conducted under Rule 57(2)(a). ALTERATION OF RULES AND STATEMENT OF PURPOSES 57. (1) These rules and the Statement of Purposes of the Club shall not be altered except in accordance with the Constitution. (2) (a) No new rule shall be made nor any existing rule nor the statement of purposes of the Club altered or repealed except at a Special General Meeting called for that purpose, and then only upon the motion being carried by a majority of three-fourths of the members present at the meeting. (b) A by-law may be repealed by a simple majority of the members present at the meeting called for that purpose. (3) A copy of the proposed new rule, alteration or repeal shall be delivered to the Secretary at least 21 days before such meeting, and shall be inserted in the Notice convening the meeting at which such proposed new rule, alteration or repeal is to be brought and notice thereof shall be posted on the notice board of the Club ten clear days before such meeting. (4) The Executive Committee shall cause every such alteration to be exhibited in the Club premises within 14 days after it has made the same.