Constitution

CONSTITUTION

OF

THE PINELANDS CRICKET CLUB

(Last amended 9 June 2010)

Constitution Of The Pinelands Cricket Club

1. Name

The name of the Club shall be:

THE PINELANDS CRICKET CLUB,
(hereinafter referred to as “The Club”)

2. Colours

a) The colours of the Club shall be:
Navy Blue, Old Gold and Light Blue.
b) The Club Cap shall be Navy Blue together with a badge consisting of a Light Blue Squirrel.
c) The Club Sweater or Pullover shall be white with a Light Blue Squirrel Badge.

3. Object of the Club

The dominant object of the Club shall be the playing of, promotion and development of the game of cricket but, as a subsidiary thereto, the Club may engage in promotion and playing of other games, sports or pastimes, either outdoor or indoor, and shall incidentally have power to create and provide for the benefit of its members all such amenities as are provided by an ordinary Social Club.

4. Management of the Club

4.1 The Club shall be managed by a committee which shall be called the
“Management Committee”, (hereinafter referred to as “the Committee”)

4.2 The Committee shall consist of, and be elected by, full members of the Club
at the Annual General Meeting of the club and shall hold office from the date of their appointment until the next succeeding Annual General Meeting.

4.3 The following shall compromise the Committee:
a) The Chairman of the Committee, who shall also be the Club Chairman;
b) The Club Captain;
c) The Honorary Secretary;
d) The Honorary Treasurer;
e) The Honorary match Secretary;
f) The Entertainment Organiser;
g) The Fund Raising Organiser;
h) The House and Grounds organiser;
i) The Chairman of the Selection Sub-Committee;
j) The Captain of the First Team.

4.4 Replacement / Co-option of members of the committee
The Committee shall have the power to:
a) Replace a member of the Committee who has resigned or who has not
attended three consecutive meetings and has not been granted leave of absence by the committee;
b) To co-opt an additional member or members.

4.5 Quorum of Committee
Five (5) members of the Committee shall form a quorum at a meeting of the Committee

4.6 Executive Committee (hereinafter referred to as “the Executive”) The Executive shall comprise:
a) The Club Chairman;
b) The Club Captain;
c) The Honorary Secretary;
d) The Honorary Treasurer.

5. Duties and powers of the management and executive committee

5.1 THE COMMITTEE shall have the power to:
a) Arrange matches;
b) Appoint sub-committee;
c) Accept members;
d) Approve Rules and Bye-Laws for the regulation of the affairs of the Club, provided such Rules and Bye-Laws are not in conflict with the Constitution of the Club;
e) Administer the finances and assets of the Club, including the approval of expenditure;
f) To appoint and discharge officials on terms and conditions approved by the Committee;
g) To do all such things as it may consider necessary or desirable for the benefit of the Club;
h) To solicit, obtain or accept subscriptions, donations or gifts (whether real or personal estate) and legacies and bequests for any purpose or purposes within the objects of the Club; from any person, company, corporation, institute or association whatsoever;
i) To borrow or raise money for the purpose of the Club on such terms and on such security as may be deemed fit by the Committee;
j) To sell, dispose of or turn to account all or any of the assets of the Club as may be thought expedient with a view to the promotion of its objects.

5.2 THE EXECUTIVE shall have the power to act only in matters of urgency where it is not practical to convene a meeting of the Committee to deal with the urgent issue. Any decision taken by the Executive is such circumstances shall be binding on the Committee and shall be ratified at the next meeting of the Committee.

5.3 THE COMMITTEE shall cause a record of its proceedings to be maintained and the accounts of the Club shall be kept in a proper books of account which shall be audited annually.

The financial year of the Club shall end on 31 May
5.4 All decisions of the Committee shall be taken by a majority vote on a show of hands by all members present and voting. The Chairman shall have a casting, as well as deliberative vote.

6. Membership of the Club

6.1 The membership of the Club shall consist of Honorary, Life, Ordinary, Social (Male and Female), Student and Scholar members:
a) HONORARY MEMBERS are persons who, by reason of holding a public office or having rendered some special benefit or service to the Club, may be nominated as an Honorary member by the Committee and shall thereafter be entitled to all the privileges of membership without payment of any annual subscription to the Club, Honorary members shall comprise Patrons and Vice-Presidents.
Ordinary members, as hereinafter defined, shall be entitled to nominate Honorary members. Such nomination(s) must be submitted in writing to the Committee for the approval and shall reach the Honorary Secretary not later than 30 June in each year.
b) LIFE MEMBERS – Upon the recommendation of the Committee, a member who has rendered some special benefit or service to the Club over a long period may be elected as a Life Member at the Annual General Meeting of the Club, and thereafter be entitled to all the privileges of membership without payment of any annual subscription to the Club.
c) ORDINARY MEMBERS shall be those members who have been elected to the full privileges of the Club and shall consist of Senior members who have attained the age of 19 years as a 31 December, and Junior members who are below the age of 19 years as a 31 December and part time Students. (articled clerks and apprentices)
d) SOCIAL MEMBERS shall be members who have been elected to this class of membership and such members shall be entitled to all privileges of the Club but shall not be entitled to represent the Club in League matches
e) STUDENT MEMBERS shall be members who are at college or university on a full time basis and who are not self supporting.
f) SCHOLARS shall be those members who are at school, up to Grade 12. This class of member shall have no vote.

6.2 A register of all members of the Club shall be maintained by the Honorary Secretary and such register shall record all elections, resignations, terminations, expulsions and deaths of members.

6.3 The list of members in any class of membership may be closed by resolution of the Committee.

6.4 In the Constitution full membership means all classes of members, except scholars.

7. Election to membership of the Club

Only those persons shall be members of the Club who have been duly admitted to one of the classes of membership set out in clause 6. All members of the Club as at the date of coming into force of this Constitution shall continue as members without having to make a new application for membership.

Intending members shall make application for membership on the prescribed form and shall be proposed and seconded by two (2) members of the Club.

The election of Club members shall in all cases be by majority of the Committee who shall be satisfied that the applicant has been cleared by their previous Club provided that such Club falls under the jurisdiction of the Western Province Cricket Association. The Committee mat delegate it’s power of acceptance of the playing members to the Selection Committee whose decision must be confirmed by the Committee at its next meeting.

8. Annual Subscriptions

8.1 The liability of a member shall be limited to the amount unpaid in respect of subscriptions and to any such amounts as the member may from time to time owe in respect of fees and charges.

8.2 The annual subscription is due at the beginning of each season and must be paid to the Honorary Treasurer or such person delegated by him on or before 30 November each year. In the event of the subscriptions of a playing member being unpaid by 31 December, the defaulter shall not be eligible to participate in any match thereafter until such subscription has been paid. Such defaulter shall not, however be released from his liability or obligations as a member, and the Committee may take such steps as it considers fit to recover the outstanding subscription.
The Committee shall be empowered to exercise its discretion and waive this condition should circumstances so demand.

9. Annual General Meeting

9.1 The Annual General Meeting of Members of the Club shall be held on or before the 15th day of August in each year, at such place and at such time as the Committee may fix for the purpose of dealing with the business set out in item 11.

9.2 Ten (10) clear days’ notice of the date , venue and time at which such meeting is to be held shall be given by the Honorary Secretary to all members.

9.3 Twenty (20) members present and entitled to vote shall form a quorum.

9.4 The Club President shall preside over the Annual General Meeting and, in his absence; the Club Chairman shall preside over such meeting.

9.5 All members shall be entitled to attend and speak at the Annual General Meeting but only those full members shall be entitled to vote at such a meeting.

10. Business of the Annual General Meeting

The business of the Annual General Meeting shall be:
a) To confirm the Minutes of the previous Annual General Meeting and any Special General Meeting or meetings held since the previous Annual General Meeting;
b) To receive, consider and adopt the Committee’s Report in Respect of the previous year;
c) To receive, consider and adopt the Financial Statements and the Honorary Treasurer’s report in respect of the previous year;
d) The election of the following persons for the ensuing year;
i. President;
ii. Vice-President;
iii. Life Members;
iv. The Club Chairman;
v. The Honorary Secretary;
vi. The Honorary Treasurer;
vii. The Club Captain;
viii. The Chairman of the Selection Committee;
ix. The Honorary Match Secretary;
x. The Honorary Entertainments Organiser;
xi. The Honorary Fund Raising Organiser;
xii. The Honorary House and Grounds Organiser;
xiii. The Honorary Auditor.

Candidates for the election for offices (ii) and (v) to (xiv) above must signify their willingness to stand for election, either in person at the meeting, or in writing before the meeting.
e) To consider any special business, notice of which has been given to the Honorary Secretary not later than the previous 30 June.
f) General business.

11. Special General Meeting

11.1 The Committee may call a Special General Meeting of members of the Club for any special purpose, provided notice thereof specifying the purpose of the meeting is given in writing to all members at least ten (10) clear days before the date set for the Special General Meeting.

11.2 The Committee shall call a Special General Meeting of members when so requested by a written requisition signed by at least ten (10) full members, within fourteen (14) days of the receipt of such requisition by the Honorary Secretary.

11.3 At Special General Meetings convened in terms of Clauses 11.1 and 11.2 only the business for which the meeting has been called shall be considered.

11.4 A quorum at the Special General Meeting terms of Clauses 11.1 and 11.2 shall be twenty (20) members present and entitled to vote.

11.5 The Club President shall preside over a Special General Meeting and, in his absence; the Club Chairman shall preside over such meeting.

12. Quorum at meetings

12.1 The quorum required at meetings of members of the Club and the Committee shall be as follows:
a) At any Annual or Special General Meeting of members of the Club twenty (20) full members;
b) At a meeting of the Committee of the Club, five (5) members of the Committee.

12.2 If a quorum is not present within half an hour of the time fixed for the holding of any meeting of the Club or Committee, such a meeting shall be postponed to the same day and hour in the following week. And at the adjourned meeting the members present shall be deemed to be quorum.

13. Voting at meetings

13.1 Voting at all meetings of the Club, the Management Committee or any Special Committee of the Club shall be by a show of hands, unless majority of members present at such a meeting demand a ballot, or unless otherwise provided for by the Constitution.

13.2 Unless otherwise specially provided, all decisions shall be by a majority vote, the Chairman of the meeting concerned having a casting vote in addition to his deliberative vote.

13.3 The Chairman of the meeting concerned shall announce whether or not any resolution put to the vote has been carried or not.

14. Amendments to the Constitution

The Constitution of the Club may be altered from time to time, provided that:
14.1 Any amendments to the Constitution may only be considered at a Special General Meeting of the Club held on the same date as, but prior to, the Annual General Meeting of the Club.

14.2 Due notice of the amendments is furnished to all members of the Club with the notice of the Annual General Meeting, but should a notice inadvertently not be sent to any member, this omission shall not invalidate the meeting in question.

14.3 The amendment is adopted by at least two-thirds of the eligible members present and voting at the Special General Meeting called for this purpose.

15. Interpretation of this Constitution, Rules and Bye-Laws

If any doubt or dispute shall arise as to the proper construction or interpretation of any of the clauses of this Constitution or of any Rules or Bye-Laws of the Club, the matter shall be referred to the Management Committee whose decision shall be final unless such decision is reversed by a two-thirds majority of eligible members present and voting at a General Meeting.

16. Termination of membership and suspension and expulsion of members

16.1 A member may terminate his membership in writing addressed to the Secretary of
the Club.

16.2 Any member of the Club may be expelled or suspended forthwith by a decision of the Management Committee if in the opinion of the Management Committee such member has committed any wilful breach of the Constitution, Rules and Bye-Laws or Regulations of the Club; or whose presence or membership is deemed to be prejudicial to the interest or reputation of the Club; or whose presence or membership is objectionable to the members of the Club, or has been guilty of unbecoming conduct prejudicial to the interest and reputation of the Club.

16.3 Any such member as specified in the previous clause shall be afforded by the Management Committee an opportunity of disproving, explaining or justifying his conduct before any decision upon his suspension or expulsion is taken.

16.4 It shall not be incumbent upon the Management Committee to state its reasons for suspension or expulsion of a member of the Club and no member shall have any cause for action for alleged wrongful suspension or expulsion.

16.5 Any member of the Club, whether directly concerned or otherwise, shall have the right to appeal to a General Meeting of the Club against the decision of the Management Committee in terms of the previous clause, provided that such a member gives notice in writing to the Executive of such appeal within fourteen (14) days of notification of such a decision and provided further that such notice of appeal is supported by the signature of not less than ten (10) full members of the club, in addition to that of the appellant.

16.6 No decision for the suspension or expulsion shall be reversed except by a two-thirds majority of members present and voting at the General Meeting convened for the purpose and the decision of such General Meeting shall be final

17. Indemnifying of members of the Committee

All acts done by the Committee or by an individual member of the Committee in the bona fide execution of their duty shall be deemed to have been done by the Club as a whole, and the member of the Committee in their individual capacities shall incur no further liabilities in respect of such acts other than would be incurred by any other member of the Club in their individual capacity.

18. Liability of members

All contracts entered into with or on behalf of the Club shall be deemed to be entered into on the basis that credit is given solely to the Club as a body to the extent of its funds and assets, and that no personal liability shall attach to any member of the Club for any such contract whether or not the member participated in the making or authorisation of the contract.

19. Miscellaneous

19.1 Any member having a grievance or complaint may notify the Committee in writing of such grievance or complaint. Should the member so desire, personal access to the Committee shall be available. Having interviewed the member concerned and taken any other action which it deems necessary, the Committee’s decision regarding the grievance shall be final.

19.2 Members shall acquire no right, title, interest, claim or demand in or to any monies, property, or asset of the Club but shall only acquire the right and privilege of entering in and upon the Club premises and of using and enjoying the same free of charge in accordance with the use to which the same is denoted by the Committee of the Club and subject to such reasonable restrictions as the Committee may from time to time impose and subject to the Rules and Bye-Laws of the Club from time to time force.

20. Selection Committee

The Committee shall consist of:
a) The Chairman, as elected under clause 10(d)(ix);
b) The Captain of the team to be selected, together with the Captain of the next senior team, or their respective nominees;
c) Those additional members who may be proposed as co-opted members and approved by the Management Committee

21. Election of captain of the First XI

21.1 The Captain of the First XI shall be nominated and elected at a Special Meeting held by as many of the following members as may be present, this meeting to be held ten (10) days before the first playing game of the season.
a) All players who played for the First XI in the immediately preceding season;
b) The Club Chairman, Club Captain and Chairman of the Selection Committee.

21.2 Nominations and election shall take place by means of a ballot.

21.3 The successful candidate must obtain and absolute majority.

21.4 In the event of any one candidate not obtaining an absolute majority, a second ballot shall be held between the 2 members with receiving the highest number of votes.

21.5 In the event of a tie between two (2) members, the Club Chairman shall exercise his casting vote to decide the winner.

21.6 In the event of the Chairman being one of the nominees, he shall hand over to the Chair, for the purpose of this election, to the Club Captain or the Secretary or the Treasurer or the Match Secretary, in that order, provided the Club Captain so appointed is not a nominee.
The Chairman of the meeting appointed in terms of this paragraph shall only have a casting vote unless eligible in terms of (a), (b), and (c) above, when he shall have both a deliberative and casting vote.

21.7 The election of the Vice-Captain shall follow the same procedure.

22. Election of Captains and Vice – Captains of teams other than the first XI
The Captain and Vice – Captain of teams, other than the first XI, shall be appointed by the Committee in consultation with the Selection Committee. If deemed necessary, the Committee may also consult with any of the team chosen for the first match of the Season before making any appointments.

23. Winding up of the Club
In the event of the dissolution or winding up of the Club, the members shall decide as to the disposal of the assets at a special General Meeting called for this purpose

Rules and Bye – Laws

The Bye Laws of the club are to be confirmed by the Committee prior to the commencement of the season and must be communicated to the members.