SOUTH COAST DISTRICT CRICKET ASSOCIATION INCORPORATED CONSTITUTION

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1 SOUTH COAST DISTRICT CRICKET ASSOCIATION INCORPORATED CONSTITUTION The following forms the basis of what the SOUTH COAST DISTRICT CRICKET ASSOCIATION stands for, and how it is governed. INDEX Part I PRELIMINARY Name of the Association Interpretation Headings Part II AFFILIATION AND MEMBERSHIP Affiliation Membership Termination of Membership Membership Entitlements Not Transferable Resignation from Membership Register of Members Fees, Subscriptions etc. Member s Liabilities Disciplining of Members Right of Appeal of Disciplined Member Part III THE BOARD Powers etc. of the Board Constitution and Membership of the Board Election of Members President Vice President Secretary Treasurer Other Office Bearers Removal of a Member Meeting and Quorums Delegation by Board to Committee Voting and Decisions Part IV GENERAL MEETINGS Annual General Meeting Other General Meetings Special General Meetings Notice Procedure Presiding Member Adjournment Making of Decisions Special Resolution Voting Part V MISCELLANEOUS Insurance Funds Source Financial Year Alteration of Objects and Rules Common Seal Custody of Books etc. Inspection of Books etc. Service of Notice Powers of the Judiciary Protest and Disputes Surplus Property

2 PART I - PRELIMINARY 1. The name of the Association shall be SOUTH COAST DISTRICT CRICKET ASSOCIATION INCORPORATED (the Association). 2. Interpretation (1) In the constitution, unless the context dictates otherwise, the following definitions apply: (a) words implying the singular include the plural and vice versa; (b) words implying one gender include and other gender; (c) ordinary member means a member who is not an office bearer; that is Directors who act on behalf of the South Coast District Cricket Association. (d) office bearer means a person elected or appointed to the position of President, Vice President, Secretary, Treasurer, Junior Secretary/Registrar or Senior Registrar of the Association in accordance with the provisions of Clause 16 of this Constitution; (e) secretary means the person who holds office of secretary of the Association in accordance with the provisions of Clause 16 of this Constitution {or, where no person holds that office, the public officer of the Association}REMOVE - NEGATED ; (f) the Act means the Associations Incorporation Act 1984; UPDATE (g) the regulations means the regulations made in accordance with the provisions of the Associations Incorporation Act 1984; UPDATE (h) Other bodies covers any Associations or Incorporated Bodies within and outside of the South Coast District Cricket Association. (2) In this Constitution: (a) a reference to a function includes a reference to a power, authority or duty; (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. 3. Headings Headings to Clauses in this Constitution are intended as a reference only and are not to be taken into consideration when interpreting specific clauses in this Constitution. Page 2

3 PART II AFFILIATION AND MEMBERSHIP 4. Affiliation (1) The Clubs and bodies affiliated with the Association shall be Cricket Clubs of Albion Park. Gerringong, Jamberoo, Kiama, Lake Illawarra, Oak Flats, Shellharbour City, The Rail and Warilla Sports. (2) The affiliated clubs and bodies may be added to, deleted and changed in name by way of special resolution in accordance with Clause 37 of this Constitution. (3) Affiliated clubs shall pay to the Treasurer an affiliation fee as set by the Association Annually prior to the Annual General Meeting. Failure to pay this fee and/or any other outstanding Association accounts from the previous season renders their members ineligible to vote at this and any subsequent meeting until such monies are paid. (4) Other affiliated bodies shall not be required to pay an affiliation fee. (5) All clubs and/or other bodies to which affiliation is granted pursuant to paragraph (1) of this Clause and all members belonging to those clubs and/or other bodies shall be bound by the provisions of this Constitution and Bye Laws of the Association and shall comply with such rules and programmes made by the Board of Management in accordance with the provisions of sub-paragraph (d) and (e) of Clause 14 of this Constitution as if they were members of this Association. 5. Membership (1) The ordinary members of the Association shall be elected annually by the clubs and/or other bodies entitled by the Association to elect members as per direction in paragraph (3) of this Clause. (2) Life Members (a) Members or past members of the Association may be made Life Members of the Association; (b) Nominations for Life Membership must be forwarded to the Secretary no later than twenty eight (28) days prior to the Annual General Meeting and must be signed by at least two (2) members of the Association and with the consent of the nominee. These nominations are to be circulated to all clubs. (c) To be elected as a life member the nominee must receive three fourths of the vote cast in a ballot by the committee to be voted on at the AGM. (d) The secretary shall maintain a record of the life members. (e) Life Members, unless they are office bearers of or delegates to the Association, shall not take part in the proceedings of any meeting of the Association except by invitation by the board. (f) Life Members, unless they are office bearers of or delegates to the Association, are not required to receive notice of any meeting of the Association or vote on any matter before meeting of the Association. (g) No more than two (2) life members shall be elected in any one year. Nominations shall be accompanied by a detailed document explaining the reason the nominee has been put forward, as it shall assist the Board in determining the eligibility of each nomination. (3) The Association shall consist of ordinary members as follows: (a) Two (2) delegates from each of the affiliated clubs as defined in Clause 4(1), (b) Two delegates from the South Coast District Cricket Umpires Association, (c) The members of the Board, elected in pursuance of Clause 16. Page 3

4 6. Termination of Membership (1) A person shall cease to be a member of the Association if the person: (a) Dies; (b) Resigns from membership; (c) Is expelled from the Association; (d) Is absent without leave from two consecutive meeting of the Association; (e) Ceases to be a member of the club or other body which elected him in accordance with Clause 5(3) of this Constitution. (f) Should the club which elected him become no longer financial in accordance with Clause Membership Entitlements not Transferable A right, privilege or obligation which a person has by reason of being a member of the Association is personal and: (a) It is not capable of being transferred or transmitted to another person; and (b) Subject to the provisions of Clause 11 of this Constitution, terminates upon cessation of that person s membership. 8. Resignation from Membership (1) A members is not entitled to resign that membership except in accordance with this rule. (2) A member of the Association who has paid all amounts payable by the member to the Association in respect of the member s membership may resign from membership of the Association by first giving notice (being not less than one month or not less than such other period as the Board may determine) in writing to the secretary of the member s intention to resign and, upon expiration of the period of notice, the member ceases to be a member. (3) Where a member of the Association ceases to be a member pursuant to clause 2 and in every case where a member ceases to hold membership, the secretary shall make an appropriate entry in the list of members recording the date on which the member ceased to be a member. 9. Register of Members (1) The secretary of the Association shall maintain a list of members of the Association, specifying the name and address of each person who is a member of the Association together with the date on which the person became a member. (2) The list of members shall be kept at the principal place of administration of the Association and shall be open for inspection, free of charge, by any members of Association between the hours of 9am and 5pm on any business day. 10. Fees, Subscriptions etc A member of the Association shall not be required to pay to the Association any fee on becoming a member of the Association, nor shall any member of the Association be liable to pay an annual subscription to the Association. 11. Member s Liabilities The liability of a member of the Association to contribute towards the payment of the debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association is limited to an amount of $1 and every person who becomes a member of the Association is deemed to have undertaken to pay such amount, if so required, in the event that the Association is wound up while he is a member or within a period of one year after ceasing to be a member thereof. Page 4

5 12. Disciplining of Members (1) Where the Board is of the opinion that a member of the Association: a) has persistently refused or neglected to comply with a provision or provisions of this constitution, b) has persistently and wilfully acted in a manner detrimental to the interests of the Association; c) has neglected to comply with any requirements or direction of the Association or the Board, The Board may, by resolution i) expel the member from the Association; or ii) suspend or disqualify the member from membership of the Association for a specified period. (2) A resolution of the board under Clause (1) is of no effect unless the Board confirms the resolution in accordance with this rule after the member has been served a notice as per Clause (3). The resolution shall be addressed by the board at a meeting held not earlier than 14 days and not later than 28 days after the member has received notice. (3) Where the Board passes a resolution under Clause (1), the secretary shall as soon as practicable, provide a notice in writing which is to be served on the member that will: a) set out the resolution of the Board and the grounds on which it is based; b) state that the member may address the Board at a meeting to be held not earlier that 14 days and not later than 28 days after the service of the notice; c) state the date, place and time of that meeting; d) inform the member that the member may do either or both of the following: i) attend and speak at that meeting; ii) submit to the Board at or prior to the date of that meeting written representation relating to the resolution. (4) At a meeting of the Board held as referred to in paragraph (3) of this Clause, the Board shall: (a) allow the member an opportunity to make oral representations; (c) give due consideration to any written representations submitted to the Board by the member at or prior to the meeting; (c) by resolution determine whether to confirm or revoke the resolution. (5) A resolution confirmed by the Board under paragraph (4) does not take effect: (a) Until the period of time, in which the member is entitled to appeal, has expired. (b) Where, within that period, the member exercises the right of appeal, unless and until the Association confirms the resolution pursuant to Clause 13 (4). Page 5

6 13. Right of Appeal of Disciplined Member (1) A member may appeal to the Association against a resolution of the Board which has been confirmed under Clause 12 (4) by lodging with the secretary a notice to that effect as long as the appeal is within 7 days, after the notice has been served on the member. (2) Upon receiving a notice from a member under paragraph (1) of this Clause the secretary shall notify the Board which shall convene a general meeting of the Association to be held within 21 days after the date on which the secretary received the notice. (3) At a general meeting of the Association under paragraph (2) of this Clause: a) No business other than the question of the appeal shall be addressed; b) The Board and the member shall be given the opportunity to state their respective cases orally or in writing or both; and c) The members present shall vote by secret ballot on the question of whether the resolution should be confirmed or revoked. (4) If at the general meeting the Association passes a special resolution in favour of the confirmation of that resolution, the resolution shall be confirmed. (5) If the resolution is confirmed in accordance with paragraph (4) of this Clause the member may, within seven days, lodge with the secretary of the Association a further appeal to Southern Zone Cricket Incorporated and the secretary shall forthwith send such appeal to the secretary of Southern Zone Cricket Incorporated for consideration by Southern Zone Cricket Inc. Page 6

7 PART III THE BOARD 14. Powers, Etc of the Board The Board shall be called the Board of Management of the Association and, subject to the Act, the Regulations, and this Constitution and to any resolution passed by the Association in general meeting: a) shall control and manage the affairs of the Association; b) may exercise all such functions as may be exercised by the Association other than those functions that are required by these rules to be exercised by a general meeting of members of the Association; and c) has power to perform all such acts and do all such things as appear to the Board to be necessary or desirable for the proper management of the affairs of the Association. d) each year shall prepare rules for the conduct of: i) The South Coast District grade cricket competition. ii) Such other cricket competitions as the Association may conduct from time to time; iii) report such rules to the Association at an ordinary meeting of members no later than 1 st September each year; e) Each year prepare programmes of matches to be played in such competitions as required, and any other matches in conformity with the objects of this Constitution; f) Maintain tables of points earned by each cricket team taking part in each cricket competition conducted by the Association in each and every year, to enable the winners of such competitions to be determined at the conclusion of such competitions each year. 15. Constitution and Membership of the Board (1) Subject to Section 21 of the Act and n the case of the first members of the Board, the Board shall consist of: (a) The office bearers of the Association as set out in sub-paragraph (2) of this Clause; (b) Three ordinary members, who will act as Directors, each of whom shall be elected by the ordinary members of the Association at the Annual General Meeting of the Association in accordance with Clause 16 of this Constitution. (2) The Office bearers shall be: (c) (d) (e) (f) (g) (h) the President the Vice President the Secretary the Treasurer the Junior Secretary Publicity Officer (3) Each member of the Board shall, subject to this Constitution hold office until the conclusion of the Annual General Meeting following the date of the member s election, but is eligible for reelection. (4) In the event of a casual vacancy occurring in the membership of the Board, the Board may appoint a member of the Association to fill a vacancy and the member so appointed shall hold office, subject to these rules, until the conclusion of the Annual General Meeting following the date of the appointment. Page 7

8 16. Election of Members (1) Nominations for election as office bearers of the Association or an ordinary member of the Board shall be in writing and submitted to the Association secretary at least 14 days before the Annual General Meeting. The secretary shall notify clubs of such nominations at least 7 days before the Annual General Meeting. (2) If insufficient nominations are received, any vacant positions on the Board shall be deemed to be casual vacancies. (3) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected. (4) If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held. (5) The ballot for the election of office bearers and ordinary members of the Board shall be conducted at the Annual General Meeting in a proper manner as the Board may direct. (6) A nomination for a candidate for election under this Clause is not valid if that candidate has been nominated for and elected to another office at the same time. 17. President The President shall; (1) be the President of the Association (2) Preside at all meetings, (3) Subject to this Constitution, ensure that the day to day running of the Association is carried out so as to achieve the objectives of the Association. 18. Vice President The Vice President shall assist the President where necessary at all meetings and, in the absence of the President, to preside at meetings as well as attended all Council meetings and Sports Council meetings and to perform other duties as directed by the President. 19. Secretary The Secretary shall; (1) Keep minutes of all Board meetings, (2) Report Board decisions to the next ordinary general meeting, (3) Keep a record of names and addresses of all members of the Association, (4) Convene special Board meetings, (5) Keep minutes of all general meetings. Copies of all minutes shall be distributed to secretaries of all Bodies and members of the Board within fourteen days of any meeting, (6) Receive all correspondence and be responsible for the general clerical work of the Association, Page 8

9 (7) Prepare on behalf of the Board a report on the activities of the Association at the Annual General Meeting. 20. Treasurer The Treasurer shall; (1) Ensure that all money due to the Association is collected and received and that all payments authorised by the Association are made; (2) Ensure the correct books and accounts are kept showing financial affairs of the Association including full details of all receipts and expenditure connected with the activities of the Association. (3) Present a financial statement of the Association affairs at each Board meeting and at general meetings, (4) At the end of each financial year, prepare all such statements as are required to be presented to the Annual General Meeting in accordance with the provisions of section 26(6) of the Act and shall present such statements together with the report of the Auditors thereon to the Annual General Meeting. 21. Other Office Bearers It is the duty of any other office bearers to take part in all business matters dealt with by the Board and to perform such other tasks as may be delegated to them. 22. Casual Vacancies For the purpose of these rules, a casual vacancy in the office of a member of the Board occurs if a member: (1) dies (2) ceases to be a member of the Association (3) resigns office by notice in writing given to the secretary (4) is removed from office under Clause 24 (5) becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health (6) is absent without the consent of the Board from all meetings of the Board held during a period of 6 months 23. Removal of Member (1) The Association, in a general meeting, may by resolution remove any member of the Board from office of member before the expiration of the member s term of office in a position and may by resolution appoint another person to hold said position until the expiration of the term of office of the member so removed. (2) As per clause (1), Where a member of the Board to whom a proposed resolution related makes representations in writing to the secretary or president (not exceeding a reasonable length) and requests that the representations be notified to the members of the Association, the secretary or the president may send a copy of the representations to each member of the Association or, if they are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered. 24. Meeting and Quorums (1) The Board shall meet once a month during the competition season. Additional meetings may be convened by the President or any member of the Board. (2) Oral or written notice of a meeting shall be given by the secretary to each member of the Board at least 48 hours (or such period as may be agreed unanimously by the members of the Board) before the time appointed for the holding of the meeting. Page 9

10 (3) Notice of a meeting under paragraph (2) shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, except business the Board members present at the meeting unanimously agree to treat as urgent business. (4) Any 4 members of the Board constitute a quorum for the transaction of the business of a meeting of the Board. (5) No business shall be transacted by the Board unless a quorum is present if within half an hour of the time appointed for the meeting a quorum is not present the meeting stands adjourned to the same place and at the same hour of the same day in the following week. (6) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting shall be dissolved. (7) At a meeting of the Board - a) the President or, in the President s absence, the Vice President shall preside: or b) if the President and the Vice President are absent or unwilling to act as such, one of the remaining members of the Board may be chosen by the members present to preside said meeting. 25. Delegation by Board to Committee (1) The Board may, by instrument in writing, delegate to one or more committees (consisting of such member or members of the Association as the Board thinks fit) an exercise of such of the functions of the Board which are specified in the instrument excluding - a) this power of delegation, and b) a function which is a duty imposed on the Board by an law (2) A function the exercise of which has been delegated to a committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the committee in accordance with the terms of the delegation (3) A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified in the instrument of delegation (4) Notwithstanding any delegation under this rule, the Board may continue to exercise any function delegated (5) Any act or thing done or suffered by a committee acting in the exercise of a delegation under this has the same force and effect as it would have if it had been done or suffered by the Board (6) The Board may, by instrument in writing, revoke wholly or in part any delegation under this Clause (7) A committee may meet and adjourn as it thinks fit. 26. Voting and Decisions (1) Questions arising at a meeting of the Board or of any committee appointed by the Board shall be determined by a majority vote, by the members of the Board or committee present at the meeting. (2) Each member present at a meeting of the Board or any committee appointed by the Board (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote. (3) Any act or thing done or suffered, or purporting to have been done or suffered, by the Board or by a committee appointed by the Board, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Board or committee PART IV GENERAL MEETINGS 27. Annual General Meeting/s (1) The Annual General Meeting shall be held not later than 30 th June each year, at such time and place as the Board sees fit. Page 10

11 (2) All Affiliated Clubs are to hold their Annual General Meetings prior to the South Coast District Association Annual General Meeting. (3) The first Annual General Meeting shall be held no later than 31 st May (4) The regular business of the Annual General Meeting shall be: a) to confirm the minutes of the last preceding Annual General Meeting and of any special general meeting held since that meeting; b) to receive from the Board reports on the activities of the Association during the last preceding financial year; c) to receive and consider the statement which is required to be submitted to members pursuant to section 26(6) of the Act; d) to elect such number of delegates to Southern Zone Cricket Incorporated as the Association is entitled to elect in accordance with the rules of Southern Zone Cricket Incorporated; e) to elect office bearers of the Association and ordinary members of the Board; f) to elect an Auditor; All other business at the Annual General Meeting shall be special business. 28. Other General Meetings of the Association (1) Ordinary general meetings of the Association shall be scheduled by the Board as required. (2) There shall be a minimum of three ordinary general meetings in each twelve months. (3) All general meetings other than the Annual General Meeting and ordinary general meetings shall be Special General Meetings. 29. Special General Meetings (1) The Board may, whenever it thinks fit, convene a Special General Meeting of the Association. (2) The Board shall, on the requisition in writing of not less than 5 percent of the total membership of members, convene a Special General Meeting of the Association. (3) A requisition of members for a Special General Meeting a) shall state the purpose or purposes of the meeting b) shall be signed by the members making the requisition c) shall be lodged with the secretary, and d) may consist of several documents in a similar form, each signed by one or more of the members making the requisition (4) If the Board fails to convene a Special General Meeting, which is to be held within one month after the date on which a requisition of members for the meeting is lodged with the secretary, any one or more of the members who made the requisition may convene a special General Meeting which is to be held no later than 3 months after that date. (5) A Special General Meeting convened by a member or members as referred to in clause (4) shall be convened as early as practicable and in the same manner as general meetings are convened by the Board and any member who thereby incurs expense is entitled to be reimbursed by the association for any expense so incurred. 30. Notice (1) Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the Secretary shall, at least 14 days before the date fixed for Page 11

12 the holding of the general meeting, serve a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting. (2) Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the association, the secretary shall, at least 21 days before the date fixed for the holding of the general meeting, explain the intention to propose the resolution as a special resolution. (3) No business other than that specified in the notice convening a Special General Meeting shall be transacted at the meeting. 31. Procedure (1) No item of business shall be transacted at a general meeting unless a quorum of members (entitled under this constitution to vote) is present during the time of the meeting to consider that item. (2) Ten members present in person (being entitled under his constitution to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting. (3) If within half an hour after the appointed time for the commencement of a general meeting a quorum is not present, the meeting shall be dissolved and in any case shall stand adjourned to the same day in the following week at the same time and (unless another place is specified at the time of the adjournment by the person presiding at the meeting or communicated by written notice to members given before the day to which the meeting is adjourned) at the same place. (4) If at the adjourned meeting a 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 5) shall constitute a quorum and if 5 members are not so present the meeting shall be dissolved. 32. Presiding Member (1) The President or, in the President s absence the Vice President, shall preside at each general meeting of the Association. (2) If the President and the Vice President are absent from a general meeting or unwilling to act, the members present shall elect one of their number to preside at the meeting. 33. Adjournment (1) The chairman of a general meeting at which quorum is present may, with the consent of the majority of members present at the meeting, adjourn the meeting from time to time and 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 general meeting is adjourned for 14 days or more, the secretary shall give written or oral notice of the adjourned meeting to each member of the association stating the place, date and time of the meeting and the nature of the business to be transacted at the meeting. (3) Except as provided in clauses 1 and 2, notice of an adjournment of a general meeting or to the business to be transacted at an adjourned meeting is not required to be given. Page 12

13 34. Making of Decisions (1) A question arising at a general meeting of the association 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 or carried unanimously or carried by a particular majority or lost, or an entry of that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution. (2) At a general meeting of the association, a poll may be demanded by the chairman or by not less than 3 members present in person. (3) Where a poll is demanded at a general meeting, the poll shall be taken Special Resolution a) immediately in the case of a poll which relates to the election of the chairman of the meeting or to the question of an adjournment; or b) in any case, in such manner and at such time before the close of the meeting as the chairman directs, c) the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter. (1) A resolution of the association is a special resolution if it is passed by a majority which comprises not less than three quarters of such members of the association as, being entitled under these rules so to do, vote in person at a general meeting of which not less than 21 days written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules. 36. Voting (1) Upon any question arising at a general meeting of the association a member has one vote only. (2) All votes shall be given personally. (3) In the case of an equality of votes on a question at a general meeting, the chairman of the meeting is entitled to exercise a second or casting vote. (4) A member is not entitled to vote at any general meeting of the association unless all money due and payable by the member of the Association has been paid, other than the amount of the Annual subscription payable in respect of the then current year. Page 13

14 PART V MISCELLANEOUS 37. Insurance (1) In respect to the insurance required to be maintained by the Association pursuant to Section 44 of the Act, it shall be a function of the Board to ascertain whether or not the Association is covered by a policy held by the New South Wales Cricket Association every year and, if not so covered, to effect such insurance forthwith and ensure that the Association maintains such insurance either on its own account or by a policy held by the New South Wales Cricket Association. (2) In addition to the insurance required under paragraph 1 of this Clause the Board may effect and maintain such other insurance as it deems necessary either on its own account or through policies held by the New South Wales Cricket Association. 38. Funds - Source (1) The funds of the Association shall be derived from affiliation fees, registration fees and fines, donations and, such other sources as the Board determines. (2) Other sources of income may be determined by the Board, subject to any resolution of the Association in a general meeting. (3) All monies received by the Association shall be deposited as soon as practicable and without deduction to the credit of the Association s bank account. (4) The Association shall, as soon as practicable after receiving any money, issue an appropriate receipt. (5) The funds of the Association shall be used solely in pursuance of the objects of the Association. (6) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two of the president, vice president, secretary and treasurer. 39. Financial Year The Financial Year of the Association shall end on 31 st May in each and every year. 40. Alteration of Objects and Rules The statement of objects and these rules may be altered, rescinded or added to only by a special resolution of the Association. 41. Common Seal (1) The common seal of the Association shall be kept in custody of the secretary. (2) The common seal shall not be affixed to any instrument except by the authority of the Board and the fixing of the common seal shall be attested by the signature either of 2 members of the Board or 1 member of the Board and the secretary. 42. Custody of Books, etc Except as otherwise suggested by this Constitution, the secretary shall keep in his or her custody or under his or her control all records, books and other documents relating to the Association. Page 14

15 43. Inspection of Books, etc The record books and other documents of the Association shall be open for inspection, free of charge, by a member of the Association between the hours of 9.00am and 5.00pm on any business day. 44. Service of Notices (1) For the purpose of this Constitution, a notice may be served by or on behalf of the Association upon any member either personally or by sending it by post to the member at the member s address shown in the register of members. (2) Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of this Constitution to have been served on the person at the time at which would have been delivered in the ordinary course of the post. 45. Powers of the Judiciary The Judiciary Committee shall have the powers set out in Competition Rule 12 of the Association and the provision of that Rule shall apply to all matters referred to the Judiciary Committee of the Association. 46. Protest and Disputes All protests and disputes shall be adjudicated on in the first instance by the Board or a committee provided that any party to such protest or dispute may lodge an appeal or appeals as follows: a) in the first instance to the Association with the secretary of the Association within 7 days of the date on which the Board or committee hands down its decision on such protest or dispute. b) In the second instance of the Southern Zone Cricket Inc. with the secretary within 7 days of the date on which the Association hands down its decision as in Clause 49(1)(a). The Secretary shall forthwith send such appeal TO THE SECRETARY of the Southern Zone Cricket Inc. for consideration by Southern Zone Inc in accordance with its rules and policies. 47. Surplus Property In the event of the winding up or cancellation of the incorporation of the Association all the surplus property of the Association pursuant to section 53(2) of the Act shall vest in an incorporated association. Such incorporated association shall have similar objects to those of the Association. Page 15

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