MONTMORENCY BOWLING CLUB INC.
Mountain View Road Montmorency Ph 9435 5811
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MONTMORENCY BOWLING CLUB INCORPORATED CONSTITUTION - PURPOSES, RULES AND BY-LAWS Revised 08/05/05, 06/05/2007, 17/10/07, 18/02/09, 20/05/09 SECTION 1 NAME 1. The name of the Club is Montmorency Bowling Club Incorporated – (in these rules called “the Club”). INTERPRETATION 2. (1) In these rules, unless the contrary intention appears:- (a) “Board” means the Board of Management of the Club. (b) “Financial year” means the year ending on 31 st March.(c) “General Meeting” means a general meeting of members convened in accordance with Rule 29. (d) “Member” means a full member of the Club. (e) “Ordinary Member of the Board” means a member of the Board who is not an officer of the Board under Rule 42. (f) “RVBA” means the Royal Victorian Bowls Association Inc. (g) “VLBA” means the Victorian Ladies Bowling Association Inc. (h) “The Act” means the Associations Incorporation Act 1981. (i) “The Regulations” means regulations under the Act. (j) “The singular shall include the plural. (k) “A reference to the male gender shall include the female gender. (l) “Month” means the calendar month. (m) “Rules” means the rules of the Club in force for the time being. (2) In these Rules, a reference to the Secretary of the Club, is a reference:- (a) where a person holds office under these Rules as Secretary of the Board to that person; and (b) in any other case, to the Public Officer of the Club. (3) The Board shall interpret the meaning of any words or expressions contained in these Rules in any case where doubt arises subject only to confirmation of contradiction by a general meeting called for the purpose. STATEMENT OF PURPOSES 3. The objects for which the Club is established are:- (a) To maintain and conduct a Club of a non-political, non racial, non sectarian 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 sell, mortgage, improve, manage, develop, lease, dispose of, turn to account or otherwise deal with all or any part of the property of the Club except that the Club is prohibited from making any distribution whether in money, property or otherwise to its members. (f) To affiliate with the RVBA and VLBA. (g) To apply for, hold and renew a club licence pursuant to the Liquor Control Act and any permit or authority thereunder. (h) To apply through an authorised officer of the Club to the Liquor Licensing Commission and the Raffles and Bingo Permits Board for a permit to conduct a game of Bingo in accordance with the Lotteries Gaming and Betting (Raffles and Bingo) Act 1977. (i) 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. (j) To do all such things as are incidental or necessary for the purpose of the above objects. (k) As an Incorporated body to adhere to the rules, by-laws and regulations set down in the Associations Incorporation Act 1981. SECTION 2 MEMBERSHIP 4. (1) The Club shall consist of the following classes of Members:- (a) Full Members. (b) Life Members. (c) Honorary Members. (d) Special Members. (e) Social Members. (f) Junior Members. (2) Full and Life Members, who alone shall be eligible to vote at meetings and to hold office in the Club, shall be entitled to all the privileges of the Club, while Honorary, Special, Social, and Junior Members shall be entitled to the privileges set out in these Rules. APPLICATION FOR MEMBERSHIP 5. (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 nomination 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 Board. (3) A nomination of a person for membership of the Club shall be made in writing in the form set out in appendix 1. (a) The nomination form when properly completed shall be handed to the Secretary of the Club together with the appropriate nomination fee (b) The Proposer and Seconder of the nomination of each candidate must have been a financial member of the Club for at least 120 days prior to the date of the nomination of the candidate for membership. (4) As soon as is practicable after the receipt of a nomination form and a nomination fee the Secretary shall post the form on the Club‟s notice board for exhibition at least seven days immediately preceding the day of election and an interval of not less than two weeks shall elapse between the date of nomination and election. (5) Members shall be elected by the Board by ballot and (a) election shall be effected by a simple majority. In the event of a tied vote the application will fail. (b) the decision of the Board as to whether any candidate has been duly elected or not shall be final. (c) a record shall be kept by the Secretary of the Board voting at any election of Members of any classification. (6) Upon a nomination being approved by the Board, 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 first year‟s annual subscription. (7) The Secretary shall upon payment of the amounts referred to in sub-clause (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 and the Secretary shall forward or hand to such member, a copy of the Rules, By-Laws and Regulations of the Club for the time being in force. (8) If a newly elected member fails to pay his subscription within 28 days after notification of his election, his election shall be void unless he justify the delay to the satisfaction of the Board. (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 5(7) shall not again be nominated for a period of at least two years 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 or resignation or otherwise. LIFE MEMBERS 6. (1) Any person who shall have rendered special service or services to the Club may at any General or Special General Meeting, on the unanimous recommendation of the Board and on receiving the votes of at least three-quarters of the members present at such meeting, be elected a Life member of the Club with full privileges without payment of any annual subscription. (2) A Life Member shall not be relieved of any financial obligation other than the Annual Subscription. HONORARY MEMBERS 7. (1) Friends of members and members of other Bowls Clubs present at the Club for the purpose of playing bowls are Honorary Members for that day. (2) Any member of any Bowls Club whose green is distant more than 20km from the Club premises may, on the introduction by a member of the Club, be elected by any two members of the Board as an Honorary Member for a period not exceeding fourteen consecutive days without payment of any subscription, and the Board shall have power to extend the period for a further fourteen consecutive days, if so desired, on conditions to be determined by the Board. (3) Honorary Members may be elected and the period of their membership fixed or extended by an Election Committee consisting of any two members of the Board and the name and address of each Honorary Member, together with the name of the introducing member and the names of the members of the Board by whom they are elected shall be entered in a book to be kept for that purpose, and the introducing member shall be responsible for the bona fides of the person introduced. (4) The Board shall have power to withdraw any or all privileges from Honorary Members, and Honorary Members are not and shall not be entitled to take part in any annual or special meeting nor vote upon any subject thereat. They shall not have any right, title or interest in or to any of the property of the Club. (5) No person shall be allowed to become an Honorary or Temporary Member of the Club or be relieved of the payment of subscription or other financial obligations, except as provided for by these Rules. SPECIAL MEMBERS 8. (1) Public officials, civic or parliamentary dignitaries may be elected Special Members of the Club by the Board on such conditions and for such period as the Board shall determine. (2) The Board of the Club shall have the power to elect Special Members on such conditions as shall be fixed by such committee. (3) Special Members shall not be eligible to hold office or to vote at any meeting of the Club nor to participate in official bowls fixtures but shall be entitled to use the club-house facilities and accommodation of the Club. SOCIAL MEMBERS 9. (1) Any person over the age of 18 years may be elected as a Social Member of the Club. Prospective new members should be nominated as per Rule (5). (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 bowling on the Club green. (3) Subject to the provisions of Rule 11(3), Social Members shall pay an annual subscription to be determined by the Board. JUNIOR MEMBERS 10. (1) No person under the age of 18 years shall be admitted as a member other than as a Junior Member. Prospective new members should be nominated as per Rule (5) and the relative nomination form shall include a clause permitting Junior Members to be present on the licensed premises of the Club and must be signed by the candidate‟s parent or guardian. (2) On applying for Junior Membership the applicant must attend an interview with the Board and will be accompanied by his parent(s) or guardian. (3) (a) Junior members under the age of Sixteen (16) years must at all times be accompanied by a Guardian (who is registered with the Club) at all competitions, social and/or practice matches and practice sessions including transport to and from every match. (b) Junior members as are all members of the Montmorency Bowling Club Inc., are protected against Harassment, Discrimination, Abuse, Vilification by a Code of Behaviour to protect the health, safety and well being of all the people participating in the activities of the R.V.B.A. & V.L.B.A. This Code of Behaviour is outlined in “Member Protection Policy of the R.V.B.A. & V.L.B.A. (4) 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 Board shall determine. (5) 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. NOMINATION FEE AND ANNUAL SUBSCRIPTION 11. (1) The nomination fees for all classes of membership shall be determined by the members at the Annual General Meeting, or at a Special General Meeting convened for that purpose. (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 $10 or such lesser amount approved by the Liquor Licensing Commission for any particular class of member shall be fixed from year to year by the members at the Club‟s Annual General Meeting and shall be due and payable in advance and immediately after being fixed at such Annual Meeting. (4) The annual subscription for all classes of membership shall be determined by the members at the Annual General Meeting, or at a Special General Meeting convened for that purpose. (5) If a member enters during the year the subscription for the then remaining portion of the year shall be fixed at the discretion of the Board, but shall be not less than that defined by the Liquor Control Act, 1987. (6) The Board is empowered to prevent any member whose subscription is in arrear from exercising the whole or any of the privileges of the Club. (7) If any members fails to pay the Annual Subscription within two (2) months of the commencement of the financial year in any year his membership shall thenceforth cease but should a sufficient explanation be made to the Board it shall have the power to restore his name to the register upon payment of the amount due. (8) Should any member of the Club from any cause whatsoever cease to be a member for one or more years he may be readmitted without paying back subscriptions, provided a majority of the Board consent thereto. (9) Any member contemplating absence for a period may on application to the Board be granted leave of absence for a period not exceeding two years, subject to the payment of a nominal amount fixed by the Board. REGISTER OF MEMBERS 12. (1) The Secretary shall keep and maintain, in a form approved by the Liquor Licensing Commission, 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 and officers authorised under the Liquor Control Act 1987 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) The Board shall have the power to determine from time to time the maximum number of each class of membership. (4) The Board shall ensure that Full and Life Members constitute at least 60 per cent of the total membership of the Club excluding Junior, Special, or Honorary Members and persons who are members by reason only of reciprocal arrangements with another Club. LIABILITY OF MEMBERS 13. If a member, by any breach 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 paid. RESIGNATION AND EXPULSION OF MEMBER 14. (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 first 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) Upon the expiration of a notice given under sub-clause (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. (3) 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. 15. (1) Subject to these rules, the Board may by resolution:- (a) expel a member from the Club; (b) suspend a member from membership of the Club for a specified period; or (c) fine a member in accordance with The Regulations, if the Board is of the opinion that the member - (i) has refused or neglected to comply with these rules; or (ii) has been guilty of conduct unbecoming a member or prejudicial to the interests of the Club. (2) A resolution of the Board under sub-clause (1):- (a) does not take effect unless the Board at a meeting held not earlier than 14 and not later than 28 days after the service on the member of a notice under sub-clause (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 Board passes a resolution under sub-clause (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 Board and the grounds on which it is based; (b) stating that the member may address the Board at a meeting to be held not earlier than 14 and not later than 28 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 Board 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 Board held in accordance with sub-clause (2), the Board:- (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 (3), he shall notify the Board and the Board 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 (5):- (a) no business other than the question of the appeal shall be transacted; (b) the Board 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 Board, if it is of the opinion that it is undesirable 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 (2). 16. Disputes and Mediation(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 Board 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 Board; or (ii) in the case of a dispute between a member and the Club, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice). (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 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 Act otherwise at law. SECTION 3 BOWLS SECTIONS 17. (1) There shall be two Bowls Sections one of which shall comprise the members of the Club who are affiliated with the RVBA and the other shall comprise the members of the Club who are affiliated with the VLBA. (2) The Sections shall each be responsible to the Board for the management and conduct of all Section Bowls activities including Pennant and Social Bowls, respective Club Championships, Association events and any other special events approved by the Board. (3) The Sections shall be jointly responsible to the Board for the conduct of such mixed events as are approved by the Board. (4) (a) The Sections shall seek affiliation with the RVBA and the VLBA as appropriate. (b) In playing Bowls members shall observe the Laws and Rules of the respective Associations. (c) Failure to observe any such Laws and Rules will render the offending player liable to disqualification from the match or competition. (5) Not later than the 15th April of each year the Sections shall each submit to the Secretary of the Board a copy of its Annual Financial Statement showing details of all monies received and expended in connection with its activities. These statements shall have been audited by the Auditors and all funds shall be dealt with as provided in Rule 41. SECTION ORDINARY AND ANNUAL MEETINGS 18. (1) Each Section may hold such ordinary meetings of its members as may be convened under these Rules, but shall hold a Section Annual Meeting at such date and place as the Section Committee determines provided that the Annual Meeting is at least one month prior to the Annual General Meeting of the Club. (2) The business of the Section Annual Meetings shall be:- (a) to confirm the minutes of the last preceding Section Annual Meeting and of any Section Ordinary Meetings held since that meeting. (b) to receive from the Section President a report on the transactions of the Section during the last preceding year. (c) to elect officers of the Section, the members of the Section Committee and the Club Delegates. (d) to elect the Section Social Bowls Committee. (e) to elect the Section Pennant Selection Committee. (f) to determine the number of Pennant sides to be entered in Pennant Competitions but on the resolution of the members this matter may be referred to the Section Committee with power to act. (g) to transact any other business of which notice has been given. (h) to transact any other general business but any resolutions arising from such business shall be recommendations to the Section Committee only. (3) The rules for general meetings of the Club, suitably modified to provide for equivalent section office bearers and the like, and for a quorum of one third of financial members of the section, shall apply to Section ordinary and annual meetings. SECTION COMMITTEES 19. (1) The affairs of each of the Sections as provided in Rule 17(2) shall be managed by the respective Section Committees. (2) The officers of each Section shall be:- (a) a President (b) a Vice President (c) a Secretary (d) an Assistant Secretary (e) a Treasurer (3) The provisions of Rule 24 so far as they are applicable and with the necessary modifications, apply to and in relation to the election of persons to any of the offices mentioned in the sub-clause (2). (4) Each officer of the Sections shall hold office for not less than 12 months and until his successor is elected but is eligible for re-election. (5) In the event of a casual vacancy in any office referred to in sub-clause (2), 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 appointment. 20.(1) Each Section Committee shall consist of:- (a) the Officers of the Section; and (b) between seven and nine ordinary Committee members - each of whom shall be elected at the Section Annual Meeting. (2) Each ordinary member of the Committee shall, subject to these rules, hold office for not less than 12 months and until his successor is elected but is eligible for re-election. (3) The members of each Section Committee i.e. R.V.B.A. and V.L.B.A. shall have joint responsibility for catering for various Club functions/Pennant days, “housekeeping” , forming a Social Committee to run and organise Club social functions, and production of a Club newsletter. (4) In the event of a casual vacancy occurring in the office of an ordinary member of the 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. CLUB DELEGATES 21. (1) Two Delegates to the RVBA and VLBA, at least one of whom shall be a member of the Committee, shall be elected by the Section Annual Meeting. (2) Any Delegate absenting himself from two consecutive meetings of the RVBA or VLBA (or Country Association) without good and valid reason to satisfaction of the Committee shall be held to have vacated the office. (3) The Committee shall have the power to fill any vacancy. (4) The Delegates shall make regular reports to the respective Committees. SECTION SOCIAL BOWLS COMMITTEE 22. (1) A Section Social Bowls Committee comprising 5 financial members shall be elected by the members at the Annual Meeting of the Section. (2) The duties of the Social Bowls Committee shall be:- (a) to arrange the Section fixture programme for the year, including all social bowls, respective Club Championships, Association events and special events. All mixed social bowls to be arranged jointly by the R.V.B.A. and V.L.B.A. Sections as per Rule 17(2). (b) to arrange teams for and control all Section fixtures; (3) In the event of any member or members of the Social Bowls Committee vacating his or their position for any reason whatsoever, then such vacancy or vacancies shall be filled by another financial member or members to be appointed by the Section Committee. (4) The Social Bowls Committee shall have power to co-opt any financial member to assist in conducting tournaments, but a final decision on any matter within its duties shall rest entirely with the Social Bowls Committee. SECTION PENNANT SELECTION COMMITTEE 23. (1) A Pennant Selection Committee comprising 5 financial members shall be elected by the members at the Section Annual Meeting. (2) The duties of the Pennant Selection Committee shall be:- (a) to select teams and sides to represent the Section in Pennant fixtures; and (b) to select or recommend other playing representatives of the Section. (c) determine handicaps for Section competitions. (3) In the event of a casual vacancy occurring on the Pennant Selection Committee, the Section Committee may appoint a financial member to fill such vacancy. (4) The Pennant Selection Committee shall have power to co-opt any financial member to assist in its duties but a final decision on any matter within its duties shall rest entirely with the Pennant Selection Committee. ELECTION OF OFFICERS, COMMITTEES AND VACANCY (See also Rule 44 ). 24.(1) Nominations of candidates for election as officers of the Sections or as ordinary members of the Committees and nominations for the positions of Club Delegates to represent the Club at meetings of the RVBA or VLBA (and Country Association) and for the Social Bowls and Pennant Selection Committees:- (a) shall be made in writing, signed by two members of the respective Section and accompanied by the written consent of the candidate (which may be endorsed on the form of nomination); and (b) shall be delivered to the Secretary of the Section not less than 14 days before the date fixed for the holding of the Section Annual Meeting. The candidate, his proposer and seconder must all have been financial members of the Club for at least one year before the Annual Meeting. Retiring officers shall be eligible for re-election. (2) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated shall be deemed to be elected and further nominations shall be received at the Section Annual Meeting. (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 exceeds the number of vacancies to be filled, a ballot shall be held. (5) The ballot for the election of officers and ordinary members of the Committee shall be conducted prior to the commencement of the Section Annual Meeting by two scrutineers and a returning officer appointed by the Committee at such meetings. (a) The method of voting shall be by crossing out the name of the member or members nominated not desired and leaving the correct number of members to fill the vacant offices. (b) Ballot papers containing a greater or lesser number of persons to be elected shall be informal. (c) If event of a tie for the lowest place or places on the list of those to be elected, an extra ballot of those who had tied shall be taken to decide who shall be elected. In the event of the second ballot not determining a winner, the position shall be decided by drawing of a lot by the Chairperson. (d) Postal votes should be directed to the Secretary so that he receives them by mail prior to the commencement of the Annual Meeting . The Secretary shall hand all postal votes received by him to the Scrutineers at the Annual Meeting. Such postal votes must be sealed by the member in such a way that they shall be handed to the Scrutineers unopened. (6) There shall be no restrictions on any member holding office on more than one Committee. 25. (1) For the purpose of these rules, the office of an officer of the Section or of an ordinary member of the Committee becomes vacant if the officer or member:- (a) ceases to be a member of the Club; (b) becomes an insolvent under administration within the meaning of the Companies (Victoria) Code; (c) resigns his office by notice in writing given to the Section Secretary; or (d) fails to attend for three consecutive Committee Meetings without leave or apology delivered at or prior to the meetings. (2) An officer or ordinary member of the Committee shall not be held to have resigned his office until his resignation has been accepted by the Committee. PROCEEDINGS OF COMMITTEES – (i.e. BOTH BOARD and SECTIONS) (See also Rule 44). 26. (1) (a) The Board Committee shall meet periodically at least 10 Times in each year at such place and such times as the Committee may determine. (b) The Section Committee shall meet periodically at least 6 times in each year at such place and such times as the Committee may determine. (2) Special meetings of the Committee may be convened by the President or by any 5 of the members of the Committee. (3) 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. (4) Any 8 members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee. (5) 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 the same place and at the same hour of the same day in the following week, unless the meeting was a special meeting in which case it lapses. (6) 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. (7) 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. (8) 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. (9) Written notice of each Committee Meeting shall be served on each member of the Committee by delivering it to him at a reasonable time before the meeting or by sending it by prepaid post addressed to him at his usual or last known place of abode at least two business days before the date of the meeting. (10) Subject to sub-clause (4), the Committee may act notwithstanding any vacancy on the Committee. SECTION 4 BOARD GENERAL MEETINGS – ANNUAL GENERAL MEETING 27. (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 Board determines; but not later than the 31st day of May in each year. (3) The Annual General Meeting shall be specified as such in the notice convening it. (4) The ordinary business of the Annual General Meeting shall be:- (a) vale. (b) apologies. (c) reading of notice convening the meeting. (d) to confirm the minutes of the last preceding Annual General Meeting and of any General Meeting held since that meeting. The Chair has the opportunity to draw members attention to any item of interest. (e) presentation of Annual Report. Presenters to speak to or read their Reports. (f) presentation of Balance Sheet, Statement of Accounts and Auditor‟s Report upon the transactions for the last preceding financial year (g) adoption of Balance Sheet and Statement of Accounts. (h) to receive and consider the statement submitted by the Club in accordance with Section 30(3) of the Act; (i) to elect officers of the Board and the ordinary members of the Board; (j) to elect an Auditor; (k) to elect a Club Bar Manager; (l) to Elect a Club Greens Director and a Greens Committee of Five (5) Members. (m) to fix the amounts of Nomination Fees, Annual Subscriptions and levies; (n) to elect such sub-committees as the Board shall determine; (o) 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 (p) to transact any other general business, but any resolutions arising from such business shall be recommendations to the Board only. (5) The Annual General Meeting shall be in addition to any other General Meetings that may be held in the same year. SPECIAL GENERAL MEETING 28. All General Meetings other than the Annual General Meeting shall be called Special General Meetings. 29. (1) The Board 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 lapse between Annual General Meetings, shall convene a Special General Meeting before the expiration of that period. (2) The Board shall, on the requisition in writing of not less than 15 financial members, 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 Board 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 Board and all reasonable expenses incurred in convening the meeting shall be refunded by the Club to the persons incurring the expenses. NOTICE OF MEETING 30. (1) The Secretary of the Club shall, at least 14 days before the date fixed for holding a General Meeting of the Club and subject to Rule 31, 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 14 days before the date of such Meeting. (3) No business other than that set out in the notice convening the meeting shall be transacted at the meeting. (4) 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) A member desiring to bring business in the form of a Notice of Motion before a General Meeting may do so by having the Notice in the hands of the Secretary at least 21 days prior to the date of the Meeting. The Motion shall be included in the Notice convening that Meeting . NOTICES 31. (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 post. PROCEEDINGS AT MEETINGS 32.(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) One third of the Club membership personally present (being members entitled under these rules to vote at a General Meeting) 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 the same day in the next week at the same time and (unless another place is specified by the Chairman at the time of the adjournment or by written notice to members given before the day to which the meeting is adjourned) at the same place 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 20% of the Club membership eligible to vote) shall be a quorum. If a quorum is not present the meeting shall lapse. 33. (1) The Chairperson or in his absence the Vice-Chairperson shall preside as Chairperson at each General Meeting of the Club. (2) If the Chairperson and the Vice-Chairperson are absent from a General Meeting , the members present shall elect one of their number to preside as Chairperson at the meeting. 34. (1) The Chairperson 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 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 (1) and (2), it is not necessary to give notice of an adjournment or of the business to be transacted at an adjourned meeting. 35. 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 Chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, and an entry to that effect in the Minute Book of the Club is evidence of the fact, without proof of the number or proportion of the votes recorded in favour of, or against, that resolution. 36. (1) Upon any questions arising at a General Meeting of the Club, a member has one vote only. Except as provided for in sub-clause (3). (2) All votes shall be given personally. (3) In the case of an equality of voting on a question, the Chairperson of the meeting is entitled to exercise a second or casting vote. 37. (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 Chairperson 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 Chairperson 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 Chairperson may elect. 38. (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 financial 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. 39. (1) Proxy voting shall not be permitted. (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 40. Non-compliance with any of the Rules shall not render any proceeding void unless the members at a General Meeting so direct. SECTION 5 BOARD OF MANAGEMENT 41. (1) The affairs of the Club shall be managed by a Board of Management constituted as provided in Rule 42. (2) The Board:- (a) shall control and manage the business and affairs of the Club; (b) may, subject to these rules, the Regulations and the Act, 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 General Meetings of the members of the Club; (c) subject to these rules, the Regulations and the Act, has power to perform all such acts and things as appear to the Board 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 (i) may recall or revoke any such delegation or appointment; (ii) all Sub-Committees shall, in the exercise of the powers delegated, conform to any regulation that may be prescribed by the Board; and shall be subject and sub-ordinate to such Board, provided always that the Board shall have no power to delegate their control of 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, provided that notice of intent to alter, amend or rescind is given at least one Board meeting prior to the meeting voting on the Rule change; (ii) all by-laws shall be entered by the Secretary in a book to be kept for the purpose, and be available for inspection by the members. 42. (1) The office bearers of the Board shall be:- (a) a Chairperson; (b) a Vice Chairperson; (c) a Secretary and Assistant Secretary; (d) a Treasurer and Assistant Treasurer; (e) the Immediate Past Chairperson. (2) The Chairperson shall be elected from the two Section Presidents and the Vice Chairperson shall be the other of the Section Presidents. (3) The Secretary shall be elected from the two Section Secretaries and the Assistant Secretary shall be the other of the Section Secretaries. (4) The Treasurer shall be elected from the two Section Treasurers and the Assistant Treasurer shall be the other of the Section Treasurers. (5) If either of the respective Section Officers is not desirous of occupying the office of the corresponding position on the Board he shall be declared elected to the more junior position and the other shall be declared elected to the more senior position unopposed. (6) Each member of the Board shall hold office for not less than 12 months and until his successor is elected but is eligible for re-election. (7) In the event of a casual vacancy in any office referred to in sub-clause (1), the Board 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 General Meeting next following the date of his appointment. 43. (1) Subject to Section 23 of the Act, the Board shall consist of :- (a) the officers of the Board; and (b) six ordinary members, of whom two shall be elected from each Section Committee and one from the eligible members of each of the Sections. (2) Each Section Committee shall be entitled to nominate from its members a substitute to act during any absence of an ordinary member of the Board for the period of such absence. (3) Each ordinary member shall hold office for not less than 12 months and until his successor is elected but is eligible for re-election. (4) The Board shall be responsible for the areas of Club sponsorship, management of building and surrounds, maintenance, greens and recruiting of new bowlers. (5) In the event of a casual vacancy occurring in the office of any member of the Board, the Board may appoint an eligible 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 Annual General Meeting next following the date of his appointment. (6) The members of the Board shall be elected by members of the class of members that constitutes not less than sixty percent of the total membership of the Club, excluding temporary or honorary members and persons who are members by reason only of reciprocal arrangements with another Club. (7) The names and addresses of persons proposed for election as members of the Board of Management of the Club shall be displayed in a conspicuous place in the Club premises for not less than two weeks before the date of the election. 44. The rules for election of officers, committees and vacancy and for the proceedings of committees so far as they are applicable and with the necessary modifications shall apply to and in relation to the Board of Management. (See Rule 24 and 26). 45. Any 8 members of the Board constitute a quorum for the transaction of business of a meeting of the Board. CHAIRPERSON 46. Except as otherwise provided in these Rules the Chairperson shall preside at all meetings, regulate and keep order in all proceedings, and carry into effect the Rules and By-Laws of the Club. SECRETARY 47. The Secretary of the Board:- (a) shall be the Executive Officer of the Board; (b) shall keep minutes of the resolutions and proceedings of each General Meeting and each Board Meeting in books provided for this purpose together with a record of the names of persons present at Board Meetings. A typed copy of extracts of the minutes from the minute book shall be posted on the Club notice board. (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 Board 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 ensure that there are kept proper accounts and records of the transactions and affairs of the Club and such other records as will sufficiently explain the financial operations and financial position of the Club; and (g) shall keep in his custody or under his control all books, documents and securities of the club, except as otherwise provided in these Rules. TREASURER 48. (1) The Treasurer of the Board:- (a) shall collect and receive all moneys due to the Club and make all payments authorised by the Board; (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 and submit financial statements to each Annual General Meeting; and (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 Board. (2) The accounts and books referred to in sub-clause (1) shall be available for inspection by members. PUBLIC OFFICER 49. (a) There shall be a Public Officer qualified under the provisions of the Act who shall be appointed by the Board and who may hold office until he vacates in accordance with the provisions of the Act, or the Board at any time removes the Public Officer from office. The Board shall forthwith fill any vacancy occurred. (b) The Public Officer shall have and perform any duties conferred or imposed upon a Public Officer by the Act. REMOVAL OF MEMBER OF BOARD 50. (1) The Club in General Meeting may by resolution remove any member of the Board 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 firstmentioned member. (2) Where the member to whom a proposed resolution referred to in sub-clause (1) makes representations in writing to the Secretary or Chairperson of the Board (not exceeding a reasonable length) and request that they be notified to the members of the Club, the Secretary or the Chairperson 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 51. If the Secretary or Treasurer in his office as such has paid or is liable to pay money for any act, default or omission of any other person, such money shall be refunded to him by the Club or be paid by the Club. SECTION 6 FINANCIAL – BANKING ACCOUNT – PAYMENTS TO PLAYERS 52. (1) The banking accounts of the Club shall be kept with such Bank and/or Building Society and/or Credit Union as shall from time to time be appointed by the Board and all monies banked therein. (2) All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments drawn on the account, shall be signed by any two the Secretary, Treasurer and Assistant Treasurer or any one of those officers conjointly with any one of the Chairperson or Vice Chairperson. (3) Under no circumstances will payment of any kind, including the subsidising of Subscriptions be made to Pennant players. ACCOUNTS 53. No expenditure exceeding $1,000.00 shall be entered into without the consent of the Board and all accounts over $500.00 against the Club shall be passed by the Board before payment is made unless otherwise authorised by the Board. CONTROL OVER PROPERTY 54.(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 Board 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 Chairperson 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 55. (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 Board 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 Board 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. AUDIT 56. (1) An auditor who shall not be an office-bearer of the Club shall be appointed at each Annual General Meeting. (2) Nominations for such office shall be taken at the Annual General Meeting in each year. (3) The Auditor shall have power at all times to examine the books and documents of the Club, and shall, as soon as conveniently may be after the close of the financial year in each year audit a Statement of Income and Expenditure and Balance Sheet, setting forth the financial business of the Club since the end of the preceding financial year prepared by the Treasurer. (3) Any report of the auditor shall be submitted to the Annual General Meeting. FUNDS 57. (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 Board determines. (2) The Club shall provide and maintain its facilities from the joint funds of the Club. APPLICATION OF PROFIT 58. (1) The Club is a non-proprietary Club. (2) The profits and other income of the Club shall be applied to the promotion of the purposes for which the members of he 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 Liquor Licensing Commission for work done by the Secretary, Treasurer or other officer of the Club or salary or wages paid to employees. SECTION 7 GENERAL COLOURS OF THE CLUB 59. The colours of the Club shall be as all members at a General Meeting of the Club may determine, subject to approval or rejection by the Royal Victorian Bowls Association Inc. and the Victorian Ladies Bowling Association Inc. HONORARY SOLICITOR 60. There may be an Honorary Solicitor to the Club, who may be appointed by the Board upon such terms and for such period as such Board shall direct. GREEN OR PLAYING AREA DIRECTOR 61. (1) The Greens Director and a Greens Committee of Five (5) members to be elected at the Club Annual General Meeting. (2) The Green Director or his deputy 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 Director shall be sufficient. (3) No member shall be allowed to play on the playing area unless wearing approved smooth soled and heel-less bowling shoes. (4) In the absence of the Green Director or his deputy , any two members of the Board shall have power to prevent play at any time. (5) In all other respects the supervision and control of the playing area and lawns shall be in the hands of the Board whose ruling thereon shall be final. SEAL 62. (1) The Common Seal of the Club shall be kept in the custody of the Secretary. (2) The Common Seal shall not be affixed to any instrument except by the authority of the Board and the affixing of the Common Seal shall be attested by the signatures either of two officers of the Club or of one officer of the Club and of the Public Officer of the Club. SUPPLY OF LIQUOR 63. (1) A visitor shall not be supplied with liquor in the Club premised unless in the company of a member. (2) No liquor shall be supplied to any person under 18 years of age unless such person is accompanied by a spouse, a parent or a guardian and the liquor is supplied as part of a meal on the premises of the Club. (3) No liquor shall be supplied or sold for consumption elsewhere than on the Club premises. (4) All liquor sold or supplied is subject to the hours determined by the existing Permit as authorised by the Liquor Control Commission. (5) The words “Club premises” mean “licensed premised” within the meaning of the Liquor Control Act 1968 and the word “liquor” means “liquor” within the meaning of the Liquor Control Act 1968. (6) No persons under 18 years of age except persons who are being trained as waiters and are not allowed to serve behind the bar shall be employed by the Club. (7) No payment or part payment shall be made to any Secretary Manager or other Officer or servant of the Club by way of commission or allowance from or upon the receipts of the Club for liquor supplied. (8) The Club shall not be obliged to sell liquor to persons who appear to be intoxicated. VISITORS 64. (1) Members of the Club may bring 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 licensed premises in respect of which a limited licence has been obtained under the Liquor Control Act 1987. (4) Any member of the Board 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 a Board or Special Board Meeting called for such purpose. (7) Guests may be allowed to take part in games, but not to the exclusion of members of the Club. (8) Members introducing guests are held responsible for any debts contracted by them to the Club. (9) No more than 250 persons being such number as the licensed premises can adequately accommodate, will be permitted on the licensed premises at any one time. OBJECTIONABLE BEHAVIOUR 65. (1) On the Club premises no objectionable behaviour, including language or unlawful gambling or betting shall be allowed. (2) Any infringement of this rule may be brought under the notice of the Board, who will take appropriate action. DAMAGE TO PROPERTY 66. (1) No member shall remove from the Club House or deface or injure any article, the property of the Club. (2) Members removing, breaking or damaging any article, the property of the Club,(excluding any accidental damage) shall pay for the same at a price fixed by the Board and shall forfeit all privileges until payment in full is made. CLUB-HOUSE OPEN 67. The Club-House shall be open to members for such times, and on such conditions, as may be decided by the Board from time to time. WINDING UP OR CANCELLATION 68. 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 70(2)(a). COMPLAINTS AND SUGGESTIONS 69. All suggestions and complaints shall be made in writing to the Secretary who shall bring the same before the Board at the next meeting. ALTERATION OF RULES AND STATEMENT OF PURPOSES 70. (1) These rules and the Statement of Purposes of the Club shall not be altered except in accordance with the Act. (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) While and so long as the Club is licensed under the Liquor Control Act, the Secretary of the Club shall, within one month from the making of any amendment or alteration in the rules of the Club, forward to the Secretary of the Liquor Licensing Commission a certified copy of every such amendment or alteration. (5) (a) In the event that the Board shall be advised that for the purpose of any application to the Liquor Licensing Commission, any rule or rules require to be altered, amended or repealed for the purpose of complying with the Liquor Control Act 1987 or any subsequent amending or corresponding enactment of the policy of the said Commission, the Board shall have power to alter, amend or repeal any such rules accordingly and any such alteration, amendment or repeal shall not withstanding anything elsewhere contained in these Rules forthwith take full effect. (b) The Board shall cause every such alteration to be exhibited in the Club premises within 14 days after it has made the same. APPENDIX 1 APPLICATION FOR MEMBERSHIP OF ............................................................................................. (Name of Club) To The Hon. Secretary ............................................ Club Inc. Address ........................................................... ........................................................... I, ................................................................................................................................................................................ of ...........................................................................................................................................................................…. ............................................................................ Post Code ........................ Telephone Number ............................ Occupation (or former occupation) ..................................................................Date of Birth......................................... desire to become a Member of the ..................................................................................................................................................................................... In the event of my admission as such a member, I agree to be bound by the Rules of the Club for the time being in force. I have not previously been a member of a Bowls Club/I have previously been a member of the following Bowls Club(s):- ................................................................................................... ................................................................................................... ................................................................................................... Date last affiliated ...................................................................... . ............................................................................... Signature of applicant Date ....................................... We ........................................................................................... and ................................................................................ Financial members of the Club for at least 120 days prior to the above date, nominate/second the nomination of the Applicant who is personally know to us, for membership of the Club. ....................................................................... Signature of Proposer, Date ...................................... ....................................................................... Signature of Seconder, Date...................................... Date of lodgement of application .................................................................................................................................................. Date of election .................................................. Result ..................................................... Date of payment of - nomination fee .................................... amount $ ............................... “ “ “ - annual subscription .............................. amount $ ...............................
INDEX Rule A Absence of Committeeman/Board Member 25(1)(d) Absence of Member 11(9) Accounts - Books of 48(1), 48(2) Address - Members 12 Adjourned General Meeting 32(4), 34 Alteration to Rules 70 Annual Meeting 27 Annual Report 27(4), 47(d) Annual Subscriptions 11(4) Appeal Against Expulsion, etc 15 Assets - Disposal of 68 Auditors - How appointed 56 Auditors - Number 56(1) Auditors - Powers 56(3) Auditors - Report 56(4) B Banking Account 52 Board of Management 41 Board Member - Removal of 50 Board - Absence of Member 42(6) Board - Delegation of Powers 41(2)(d) Board - Minutes 47(b) Board - Powers 41(2) Board - Quorum 45 Board/Committee - Meetings 26, 44 Board/Committee - Notice of Meetings 26(3) 44 Board/Committee - Vacancy 25(1),26(10), 43(3) Board/Committee - Voting 26(7) 44 Books of Accounts 48(1), 48(2) Book - Visitors 64(2) Borrowing Powers 55 Bowls - Laws of 17(4) Buildings 3(d) By Laws 41(2) (g) C Ceasing Membership 14(1),15(8)(b) Chairperson - Board 42, 46 Chairperson - Committee 26(6) Chairperson - Vote 36(3) Cheques (Signing) 52(2) Club House - Hours Open 67 Colours 59 Committee - Absence of member 25(1)(d) Committee - Chairman 26(6), 44 Committee - Dual Office 24(6) ,44 Committee-Pennant Selection-Appointment 23(1) Committee-Pennant Selection-Powers 23(2) Committee - Quorum 26(4) Committee – Social Bowls- Appointment 22(1) Committee – Social Bowls- Powers 22(2) Complaints and Suggestions 69 Correspondence 47(c) D Damage to Property 66 Delegates 21 Delegation of Powers by Board 41(2)(d) Director - Green 61 Disposal of Assets 68 Disputes 16 Disputes and Mediation 16 Dissolution of Club 68 Dual Office 24(6) Duties -Chairman 46 Duties - Secretary 47 Duties -Treasurer 48 E Election of Members 5(4) Election of Officer, etc 24 , 44 Employment of Staff 63(5) Expenditure - Authorised 41(2)(f),48(1)(a), 53 Expulsion of Member 15 F Financial – to Vote 38 Financial Obligation - Life Member 6(2) Financial Statements 17(5),27(4),48 Fines 15(1),66(2) Forfeiture of Membership 11(7) Funds -Management 48, 52, 53 Funds – Sources 57 G Gambling 65 General Meeting - Adjourned 32(4), 34 General Meeting - Business at 27(4),30(3) & (4) General Meeting -Chairperson’s Vote 36(3) General Meeting - Notice 30, 31 General Meeting - Poll 37 General Meeting - Procedure 32 to 39 General Meeting - Quorum 32(3) General Meeting - Quorum Not Present 32(4) General Meeting - Resolutions Binding 39(2) General Meeting - Voting 35,36,37,38,39 General Meeting - Who Entitled to Vote 38 Green Director - Absence 61(4) Green Director - Appointment 61(1) Green Director - Powers 61(2) H Honorariums 58(3) Honorary Members 7 Hours Club House Open 67 I Immediate Past Chairperson 42(1) Incorporation 3(k) Indemnity of Officers 51 Insufficient Nominations for Officers 24(2) Interpretations 2 Introduction - Honorary Members 7(2) J Junior Members 10 L Language - Objectionable 65(1) Law of Bowls 17(4) Levies 41(2)(e) Liability of Members 13 Life Members - How Elected 6(1) Life Members - Financial Obligation 6(2) Liquor 63 Liquor - Board’s Power re 4 1(2)(d) Liquor - re Employment 63(5) Liquor - Restrictions on Supply 63(1)(9) M Management 41 Meetings of Committee 26 Member-Absence of 11(8) Member-Ceasing to be 11(6)(7)(8),14(1) Member-Expulsion of 15 Member-Misconduct of 15(1) Member-Resignation of 14 Member-Undesirable 15(8) Members-Address 12 Members-Election of 5(4) Members-Liability 13 Members-Notice to 31 Members-Number of 12(3) Members-Obligation of new 5(8) Members-Register 12 Members-Requisition by 29(2) Members - Rights 4(2) Members - Special - No Vote 8(2) Members - Special - Not Eligible for Office 8(2) Members - Subscription of New 5(5),(7) Members - Unlawful Act by 13 Membership 4 Membership - Forfeiture 11(6),(7) Membership - Full 4, 5 Membership - Honorary 4,7 Membership Life 6 Membership - Nomination for 5(2) Membership - Social 9 Membership-Special 8 Membership - Refusal to Continue 15(8)) Minutes of Committee Meeting 47(b) Misconduct of Members 15(1) N Name of Club 1 New Member’s Subscription 5(6),(7) Nomination Fee 5(1),11(1) Nomination of Membership 5 (1),(2),(3) Nomination of Officers 24 Nomination of Officer Insufficient 24(2) Non-compliance with Rules 40 Notices of Motion for General Meeting 30 (5) Notices to Committee 26(9) Notice to Members 30, 31 Number of Members 12(3) O Objectionable Language/Behaviour 65(1) Objects 3 Obligations of New Members 5(8) Officers 19(2), 42(1) Officers - Honorariums 58(3) Officers - Indemnity 51 Officers - Nominations 24 Officers - Resignations 25(1c) Other Bowling Club Members 7(1) P Past Chairperson - Immediate 42(1) Payment to Players 52(3) Payment of Subscription 11, 12 Pennant Selection Committee 23 Pennant Sides 17(2) Playing Area 61 Poll - Annual or Special Meeting 37 Privileges - Withdrawal of 7(4) Proceedings - Board/Committee 26 , 44 Profits - How dealt with 58(2) Property 3(c) Property - Control 54(1) Property - Damage to 66 Property - Right to 14(3) Proposal for Membership 5 Proxy Voting 39(1) Public Officer 49, 2(b) Q Quorum - General Meeting 32(3) Quorum - General Meeting - Not Present 32(4) Quorum - Board 45 Quorum - Committee 26(4) R Record - Custody of 47(g) Re-election Retiring Officers 19(4) Register of Members 12 Rejection of Proposal for Membership 5(9) Report - Annual 27(4), 47(d) Requisition for Special Meeting 29(2) Resignation of Member 14 Resignation of Officer 25 Resolutions - Binding 39(2) Resolutions - General Meeting 35 Restoration of Membership 11(7) Retiring Officers 19(4) Returning Officer 24(5) Rights of Members 4(2), 11(6) Rights to Property 14(3) Rules - Alteration to 70 Rules - Refusal to Comply with 15(1)c RVBA Members Section 17(1) S Scrutineers 24(5) Seal 62 Secretary - Duties 47 Section Committee 19 Section Ordinary & Annual Meetings 18 Selection Committee 23 Smoking - Club Policy By-Law No.3 Social Bowls Committee-Appointment 22(1) Social Bowls Committee-Powers 22(2) Social Members 9 Solicitor - Honorary 60 Special Meeting 28 Special Meeting - Date 29 Special Meeting - How Convened 29 Special Meeting - Notice of 30, 31 Special Meeting - Quorum 32(3) Special Meeting - Quorum Not Present 32(4) Special Meeting - Requisition by Committee 29(1) Special Meeting - Requisition by Members 29(2) Special Meeting - Voting 35 to 39 Special Members 8 Staff - Employment of 63(5) Statement of Purposes 3 Statement of Purposes-Alteration 70 Statements - Financial 17(5),27(4),48(1) Sub Committees 41(2)(d) Subscription - Amount 11(3), 11(4) Subscription - Payment 11, 12 T Treasurer - Duties 48 U Unbecoming Conduct 15(1), 65 Undesirable Member 15(8) Unlawful Act by Members 13 V Vacancy on Board or Committee 19(5), 25, 26(10), 44, 42(7),43(5) Visitors 64 Visitors Book 64(2) VLBA Members Section 17(1) Voting- Financial 38 Voting – Postal 24(5)(d) Voting - Special Members 8(2) Voting - At General Meeting 35 to 38 Voting - At Board or Committee Meeting 26(7) W Winding Up 68 Withdrawal of Privileges to Hon Members 7(4) MONTMORENCY BOWLING CLUB INCORPORATED BY – LAWSOfficial Record of By-Laws with originating date, Proposer and Seconder kept by the Secretary. No.1 BAR TRADING HOURS. In accordance with Liquor Control Board – Licensed Bar Trading hours are :- MONDAY TO SATURDAY (Incl.) ---12 noon to Midnight. SUNDAYS---12 Noon to 8-00 p.m. No.2 BEER ISSUE WHEN ALL PENNANT SIDES WIN ON SAME DAY. The Club will provide beer when all sides win their Pennant matches on the same day. To be distributed by the Chairman/President of the day and controlled by the bar staff. No.3 CLUB POLICY PERTINENT TO SMOKING/NON SMOKING The Clubrooms of the Montmorency Bowling Club Inc. shall be a non--smoking area The Greens and Surrounds of the Montmorency Bowling Club Inc. shall be a non-smoking area with the exception of The east and west bank of both greens where smoking shall be permitted in assigned areas. Within the car parking area at eastern end of Clubhouse smoking shall be permitted. No.4 CLUB COMPETITIONS. R.V.B.A. SECTION. The following Rules/conditions shall apply:- CLUB SINGLES CHAMPIONSHIP (25 Shots Up) Open Event. CLUB PAIRS CHAMPIONSHIP. (18 Ends) Open Event. CLUB MIXED PAIRS (18 Ends) Open Event. CLUB TRIPLES CHAMPIONSHIP. (Two Bowls).Sectional Play 12 ends. Others 15 ends. Finals 18 ends. PRESIDENT‟S HANDICAP (100 up + Handicap) Open Event. VICE PRESIDENT‟S HANDICAP (21 Shots Up + Handicap) Previous winners of a Singles event (4 bowls) in this or any other Club are not eligible. MINOR SINGLES (21 Shots Up - 25 Shots Up for Semi-final and Final). Not more than 8 games higher than Division 5 in previous season. Previous winners are not eligible. N.B. R.V.B.A. Rules for competition , Rule 2 (ii) (c) also applies:- V.L.B.A. SECTION. The following Rules/conditions shall apply:- CLUB SINGLES CHAMPIONSHIP (25 Shots up) Open event. MINOR SINGLES (21 Shots up) Limited to bowlers of no more than 5 Years experience. (Amendment ratified Board Meeting 20/05/09. A.T. Sec) PRESIDENT‟S HANDICAP (100 up ). CLUB PAIRS CHAMPIONSHIP (18 Ends) Knockout. Sectional play 15 Ends. CLUB TRIPLES CHAMPIONSHIP (18 Ends) Knockout. Sectional play 15 Ends. CLUB FOURS CHAMPIONSHIP (18 Ends) Knockout. Sectional play 15 Ends. N.B. V.L.B.A. Rules for competition , Rule 2(6)(b). V.L.B.A. By-Laws Section E (Clearances) & DDDD (Inter-Club) apply. **** Other Championship Matches to be at the discretion of the two Bowls Sections to arrange. No.5 DRESS LAWS. R.V.B.A. and V.L.B.A. Dress Laws will apply for all Pennant, Tournaments, Social Bowls and Wednesday Bowls. CLUB COMPETITIONS. R.V.B.A.EVENTS – Casual dress may be worn for all matches up to and including Semi-Finals except where Round(s) of a Competition are organised to be played on a specific day by the Section Social Bowls Committee - dress shall then be Whites/Creams. Whites/Creams will be worn for all Finals. MIXED EVENTS – Appropriate approved bowls attire will be worn for all matches. DRESS FOR PRACTICE OR WITHIN THE CLUB ROOMS – Neat casual wear. THONGS – Not permitted. INDOOR CARPET BOWLS – Flat bottom shoes must be worn when bowling. No.6 NOMINATION FEES APPLICABLE TO PREVIOUS MEMBERS RE-NOMINATING FOR MEMBERSHIP. Previous members of the Club who nominate for re-admittance to the Club within two (2) years of their resignation from Membership shall not be required to pay a Nomination (Joining ) Fee. More than two (2) years absence – A Nomination (Joining) Fee of $50-00 will be required. No.7 RULES AND PRIVILEGES OF JUNIOR MEMBERSHIP. (SEE RULE 10 – JUNIOR MEMBERS.) 1. For existing Junior Member to become a Full Member once reaching the age of 18 years, they must pay the Club‟s Nomination Fee and pay full or pro-rata subscriptions as determined by the Board of Management. 2. To play Pennant the junior member must be of the age determined by the R.V.B.A. and V.L.B.A. if applicable. 3. Full practice rights as determined by the Board of Management. 4. Have the right to play Bankers. 5. Have the right to play on Social Bowls days. 6. Have the right to participate on Tournament days when the greens have not been filled by Full Members. 7. Have the right to enter Club Competitions, but must be of the age determined by the R.V.B.A. and V.L.B.A. (if applicable) to enter the Club Championships and Pairs. No.8 USE OF GREENS FOR COMPETITION GAMES AND PRACTISE. On Pennant Days practice only when an entire green is free. On all other organised days there must be at least two (2) rinks between practice rink and organised bowls. Practice is permitted in mufti (Amended at meeting of Board of Management held on 18th February 2009.) No.9 WINTER ATTIRE. Neat casual attire at all times. Bowling shoes must be worn. No.10 SECRET BALLOT – When Board consider Applications for Membership. (Refers to Constitution Rule 5). All voting by Board of Management on New Members to be conducted by Secret Ballot. (Ratified at Committee Meeting held 3rd January 2004.) No.11 NEW/EXPERIENCED BOWLER. A person applying for membership, if has played bowls previously, shall be treated as an Experienced bowler and pay full subscription. (Ratified at Board Meeting held on 25th August 2004). No.12 SAFETY. As a safety measure all games played on Top Green shall commence from North bank. (Ratified at Board Meeting held on 24th November 2004.) NOTES TO BY – LAWS. Old By-Law No. 1 “MEMBERSHIP CEILING AND RIGHTS OF COMMITTEE OF MANAGEMENT”. Now covered by new Rule 12(3). No. 3 „BAR MANAGER‟ covered in Agenda for Annual General Meeting Rule 27(4) (k). PAYMENT TO PLAYERS now Rule 52(3). |
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