Dunfermline Wanderers’ Cricket Club Constitution

Name

1.1 The Club shall be called “Dunfermline Wanderers Cricket Club”  (hereinafter referred to as “the Club”).

 

Objects

2.1 The objects of the Club shall be:

 

(a) To promote and encourage the game of cricket, to improve playing standards and conditions amongst players and spectators.

(b) To arrange league and cup competitions; and

(c) To provide coaching facilities when and where practicable for the benefit of the Club cricketers of all ages.

 

Affiliation to the East of Scotland Cricket Association

3.1 The Club shall affiliate to the East of Scotland Cricket Association and by its affiliation recognises the Constitution of the aforementioned Association, agrees to be bound by it and to recognise the right of the Association to act as an appeal body for any dispute, always accepting that the said appeal body shall confine its jurisdiction to the procedures and legalities of actions taken by the Club, between members of the Club or between the Club and any of its members which shall have been referred to it by any provision of this Constitution or by any provision of the Association Constitution, and the Club and each of its members agrees to abide by the decision of the Association in any such matter.

 

Membership

4.1 Ordinary membership of the Club shall be open to application by any person if it appears reasonable to do so and after enquiry by the General Committee.

 

4.2 Associate membership may be granted to individuals, as the General Committee shall determine appropriate at the time.

 

4.3 No application for membership will be refused on other than reasonable grounds. There will be no discrimination on grounds of race, sex or religious, political or other such opinion.

 

4.4 Any person previously expelled from the Club may be readmitted to the Club if and only if a majority of members present at and voting at any General Meeting of the Club vote in favour of such readmission.

 

Subscriptions

5.1 The Club shall determine at its Annual General Meeting the annual subscription to be paid for the time being by members of the Club (whether ordinary or associate members). The Club at its Annual General Meeting shall have power to fix different levels of subscription for members who do not intend to participate in any such competitions.

 

Payment of Subscriptions and other dues

6.1 The annual subscription shall be payable no later than 24 hours before the first Saturday of the designated league season. If a member has not paid their subscription by the third Saturday of the league season, will be expelled from the Club, although his/her membership will be retained for the season thus restricting application to any other club associated within the jurisdiction of the East of Scotland Cricket Association or Scottish Cricket Union. In the event that any member (including Associate member) shall not have paid their subscription by 30th September in the year in which it became due, such member shall be deemed to have resigned from the Club.

 

Participation in Competitions  

7.1 The Club (unless otherwise disqualified by any other provision of this Constitution) shall be entitled to apply to participate in any league and competition as deemed appropriate by the General Committee.

 

Office Bearers

8.1 The office bearers of the Club shall be elected annually at the Annual General Meeting of the Club and shall consist of a President, Vice-President, Secretary, Assistant Secretary and Treasurer.

 

8.2 The President shall not be entitled to hold office for more than two consecutive years.

 

8.3 In addition, an Honorary Vice -President, or Honorary Vice-Presidents, having previously given distinguished service to the Club, may be elected.

 

General Committee

9.1 The General Committee shall be elected annually at the Annual

 

General Meeting. It shall consist of the office bearers and:

(a) Club Captain(s)

(b) Chairman of Team Selection     

(b) Any three club members

 

Team Selection Sub-Committee

10.1 The Team Selection Sub-Committee shall be elected annually at the Annual General Meeting. It shall consist of the Chairman of Team Selection, Club President, Captain and Vice-Captain of each of the Club teams.

 

Remit of the Committees

11.1 The General Committee shall administer the whole affairs of the Club and shall appoint Sub-Committees to carry out any function delegated by the General Committee. The General Committee shall delegate such of the General Committee’s powers as may be required to enable the Sub-Committees to carry out the functions delegated to them.

 

11.2 Insofar as any act done by the General Committee or its Sub-Committees in pursuance of any power hereafter provided for shall be done in good faith, the General Committee or Sub-Committees and any member thereof shall be entitled to be indemnified by the Club in respect of any personal liability which any member of the General Committee or Sub-Committee may incur by the doing of any such act.

 

11.3 A quorum of the General Committee shall be four members and a quorum of Sub-Committees shall be two members. In the event that the General Committee shall be equally divided on any matter, the Chairman shall have a second or casting vote, or may at his discretion refer the matter to a General Meeting of the Club. In the event that a Sub-Committee shall be equally divided on any matter, it shall be referred to the next meeting of the General Committee for a decision, which will thereafter be implemented by the relevant Sub-Committee.

 

11.4 The Chairman of the General Committee shall be the President, whom failing the Vice President, whom failing the members present and forming a quorum shall appoint a Chairman for the purposes of that meeting. The Chairman of Sub-Committees shall be the Convener, whom failing the members present and forming a quorum shall appoint a Chairman for the purposes of that meeting.

 

11.5 Without prejudice to their general power to administer the whole affairs of the Club, the General Committee and its Sub-Committees are empowered:

 

(a) To interpret the Constitution of the Club;

(b) To collect, manage and apply the finances of the Club for any purposes consistent with the objects of the Club.

(c) To organise, administer and control all matters relating to the Club’s affairs in conjunction to this Constitution.

(d) To select teams to participate in matches arranged in pursuance of the foregoing power and to delegate to others the power of selection of such teams.

(e) To resolve disputes by members of the Club, to consider complaints against any member by other clubs or by any other body or person where circumstances are alleged which could, in the opinion of the Committee, constitute, if established to have occurred, conduct detrimental to the game of cricket, or to the objects of the Club; to investigate and consider allegations by any member or any other person of a breach, or breaches, of any rule, or rules, at any time in force for the Club; to adjudicate in such manner as it shall consider appropriate in the circumstances (but always subject to the principles of natural justice) upon any such complaint or allegation; and in the event that it shall find any such complaint or allegation to be well founded, to take such action against the offending member as it shall consider appropriate in the circumstances, including any or all of the following:

(i) Warning or reprimand;

(ii) Suspension for such period as the Committee shall deem appropriate.

(vi) Furthermore, where any member has been found to have committed persistent breaches of the rules for the administration of the Club, the General Committee, having so found, shall be entitled to call a General Meeting and to propose at that General Meeting, due notice of such meeting and of such proposal having been given in terms of the succeeding provisions of the Constitution, that the offending member shall be expelled from the Club if the proposal so to expel is carried by a simple majority of the members of the Club present, entitled to vote and voting at the said meeting. The offending member shall not be entitled to vote upon a motion proposing expulsion.

Any penalty imposed by the General Committee upon an offending member, or any decision of the Club to expel a persistently offending member shall not be subject to the right of that member or of any person aggrieved thereby to appeal.

(f) To co-opt any person to fill a vacancy on the General Committee or Sub-Committees until the succeeding Annual General Meeting and to invite any person to attend any meeting of the General Committee, or of any Sub-Committee, in an advisory capacity, without power to vote, to assist the General Committee or Sub-Committees.

(g) To admit associate members of the Club and to have the like powers in relation to them as they have in the case of ordinary members; and

(h) To do all and any acts necessary for the carrying out of all or any of the foregoing powers, including the entering into on behalf of the Club such contracts binding upon the Club, as the Committees shall consider necessary for the proper conduct of the affairs of the Club.

(i) Where any member is involved in disputes, or make complaints against other members, then the Committees can only act where the matter has been brought to their attention within two weeks of the date of the alleged incident.

Similarly, a member may only appeal against a decision made by a Committee within two weeks of receiving notification of the initial decision.

 

General Meetings

12.1 The Annual General Meeting of the Association shall be held in each year after 28th September, and before 1st November.

 

12.2 A Special General Meeting of the Association shall be held if convened by the President, in the event as provided for above when the General Committee shall be equally divided, by the General Committee, or on a requisition in writing signed by no less than four members. In the event that a requisition is made, such requisition shall state the object for which the Special General Meeting is required to be held and shall contain a motion to be put to and voted upon at such a meeting.

 

12.3 The Committee shall fix the date of the Annual General Meeting. The

Honorary Secretary shall, upon a request from the President (in the circumstances herein provided for), the General Committee, or on receipt of the requisition, convene a Special General Meeting within one calendar month of such a request or requisition and shall give notice to each member not later than 21 days before the date fixed for such Special General Meeting of the date, time and place of such meeting and the business to be transacted then (including, if appropriate, notice of any motion to be put and voted upon at such meeting). No business other than that contained in the notice convening the meeting shall be transacted at any Special General Meeting.

 

12.4 A quorum at a General Meeting of the Club shall be one-third of the ordinary members of the Club entitled to vote.

 

12.5 The President of the Club, whom failing the Vice-President, whom failing a member of the General Committee elected or appointed by the members present at the meeting shall be the Chairman of any General Meeting and shall have, in the event of an equality of voting on any motion put to the meeting, a casting vote.

 

12.6 Each member of the Club shall have one vote at any General Meeting of the Club. Voting shall be conducted, either by a secret ballot or by each member intimating a vote verbally at the meeting, upon being called to do so by the Honorary Secretary or his Deputy appointed by the General Committee as the meeting shall determine prior to the commencement of the vote. Associate members shall be entitled to vote only on matters relating solely to associate membership.

 

12.7 Any motion put to any General Meeting to amend this Constitution shall be carried only in the event that two-thirds of those members present entitled to vote and voting, vote for such motion. Any other business of such a meeting shall be decided by a simple majority of those members present, entitled to vote and voting.

 

12.8 Any member whom wishes to nominate any person as an Office Bearer, or as a member of the General Committee or Sub-Committees, or desires that an item of business be discussed and/or a motion be voted upon by the members at the Annual General Meeting, shall give written notice of such nomination, item of business, or motion to the Secretary, seconded in writing in the case of motions by another member, no later than 30th September in each year.

 

12.9 The Secretary shall, as soon as practicable, (and in any event not less than 28 days before the date of an Annual General Meeting) give written notice of the date, place and time of the Annual General Meeting to each member (including Associate members). The notice of the Annual General Meeting shall contain intimation of the business to be transacted thereat including, in the case of the Annual General Meeting, nominations for Office Bearers, members of the General and Sub-Committees for the ensuing year and motions. Said notice shall state in the case of every nomination, item of business or motion by whom it is proposed and, if requisite, seconded. Motions proposed by the General Committee shall not require to be seconded.

 

12.10 Any member may, not later than 21 days prior to the date fixed for the Annual General Meeting and 10 days prior to the date fixed for any other General Meeting propose, by written notice to the Secretary, any amendment to any motion proposed either by the General Committee or any member. Such amendment shall not require to be seconded other than at the Meeting. The Secretary shall forthwith and in any event no later than 14 days prior to the date fixed for the Annual General Meeting and 7 days prior to the date fixed for any other General Meeting give written notice to the members of any amendment so proposed.

 

12.11 The Chairman of any General Meeting may allow at such meeting any member then present (even though no prior notice of the same may have been given) to propose an alteration to any motion or amendment proposed in terms of the preceding provisions hereof provided that such proposed alteration is, in the Chairman’s sole opinion, of a minor technical or textual nature and would not radically or fundamentally alter the motion or amendment proposed.

 

12.12 In the case of a motion, which has been proposed in accordance with the preceding provisions and to which an amendment or alteration has also been proposed, the amendment or alteration to the motion shall be voted upon prior to the motion being put to the meeting. Similarly, any alteration to an amendment shall be voted on prior to the original amendment being put to the meeting. An amendment or alteration to a motion or to alter an amendment to a motion shall not require to be voted upon if accepted by the proposer of the original motion or amendment.

Any amendment or alteration, notwithstanding that it is shall be an amendment to a motion, which shall require a two-thirds majority, may be carried by a simple majority. Thereafter, the motion as proposed or as amended or as altered as the case may be, shall be voted upon by the meeting. The Chairman of any General Meeting at which an amendment to a motion is proposed shall call for a seconder for such amendment at the meeting. In the event that an amendment does not obtain a seconder it shall fall and shall not be put to the vote. If there be more than one amendment or alteration proposed to any motion, the Chairman shall decide the order in which they shall be put to the meeting.

 

12.13 Save as provided for in the foregoing provisions, no business (other than formal business) shall be transacted at the Annual General Meeting other than such discussion, as the Chairman at his/her sole discretion shall permit upon matters of interest to members.

 

12.14 In the event that more than one nomination is received for any position as an Office Bearer or as a member of the General Committee or Sub-Committees there shall be an election for that position by a secret ballot of those members present and entitled to vote, and such position shall be filled by the person gaining the largest number of votes in a single ballot. Similarly, in any case where there are more nominations received than there are positions to fill, the required positions shall be filled by those persons gaining the largest number of votes in a ballot held as above.

 

12.15 In the event that any difference arises at any General Meeting as to the interpretation of this Constitution, shall be determined by the Chairman whose decision shall be final.

 

12.16 No General Meeting nor any business transacted at any such meeting shall be invalidated by the non-receipt of any notice thereof by any member.

 

Finance

13.1 The Finances of the Club shall be managed by the Treasurer. The financial year of the Association shall be from 1 October until 30 September. The Treasurer shall maintain such accounts as the General Committee shall determine and shall for each financial year prepare annual accounts. An Auditor appointed by the members at the preceding Annual General Meeting shall audit such accounts annually prior to the Annual General Meeting.

The annual accounts and the Auditor’s Report thereon shall be (if practicable) sent by the Secretary to each member prior to the Annual General Meeting and shall in any event be presented to the Annual General Meeting.

 

Dissolution

14.1 The Club may be dissolved in the event that two-thirds of the ordinary members so resolve at a Special General Meeting convened for the purpose of considering such dissolution. In that event the assets of the Club after the discharge of its whole liabilities will be paid over by the last Treasurer (who shall remain empowered by the members to settle the Club’s liabilities) to the SCU to be applied by the SCU for the promotion of the game of cricket in the East of Scotland and none of such assets shall be distributed to the members of the Club.