Constitution

Definitions In this Constitution and all documents created under this Constitution.
 

  • words importing the singular include the plural and vice versa;

  • words importing the gender include the other gender;

  • a reference to “writing” or “correspondence” shall, unless the contrary intention appears appropriate, be construed as including references to any mode of representing or reproducing words in a visible form, including messages sent by electronic mail.
     

In addition the following words and expressions shall, unless the context otherwise requires, have the following meanings:-

 

“Code of Conduct” – means the documents promulgated by Council from time to time which set out the behavioural standards to be followed by participants in all of the Association’s activities.
 

“Council” – means the body of people comprising Delegates and the Officers and Executive Officers appointed in accordance with this Constitution.

 

“Council Members” – means all of the members of Council including the Delegates, Substitute Delegates, the Officers and Executive Officers

 

“Delegate” – means a person elected or nominated by their Member Club to represent that Club on Council. There shall be 2 Delegates per Member Club.

 

“Executive Officers” – means the persons appointed under clause 4.9 of this Constitution.

 

“Management Committee” – means the Committee comprising the Officers and which is charged with the day-to-day management of the Association
 

“Members” – includes Member Clubs (including Individual Club Members), Affiliate Members, Associate Members and Honorary Members all as defined in this Constitution.

 

“Officers” – means the Chairperson, Vice-Chairperson, the Secretary and the Treasurer.
 

“Policies” – means the documents promulgated by Council from time to time which set out the policies to be followed by the Members in pursuing the objectives of the Association.

 

“President” - means the persons appointed under clause 4.3 of this Constitution.

 

“Regulations” – means the documents promulgated by Council from time to time governing bowls competitions organized by the Association.

 

“Rules” – means the documents promulgated from time to time by Council governing disciplinary procedures.

 

“Substitute Delegate” – means a person nominated in writing by the secretary of a Member Club to substitute for a Delegate from that Member Club for a given period of time.

 

 

 

 

 

  1. NAME OF THE ASSOCIATION
     

    1. The Association shall be called “Bowls Cyprus” hereafter referred to as the “Association”.

 

  1. OBJECTIVES AND AFFILIATIONS
     

    1. The objectives of the Association shall be to institute, arrange, promote, regulate, safeguard and govern the sport of bowls in the Republic of Cyprus.
       

    2. The Association will be a member of World Bowls and shall at all times comply with the Memorandum of Association of World Bowls, with the Laws of the Sport of Bowls and all World Bowls Regulations as determined from time to time.
       

    3. The Association will be a member of the European Bowls Union (EBU) and shall at all times comply with the constitution of the EBU.
       

    4. In pursuing the objectives of the Association, the Association and all of its Members will abide by the laws of the Republic of Cyprus at all times.

 

  1. MEMBERSHIP

 

    1. There shall be five Membership categories as defined below:-
       

      1. Member Club. A bowling club having a constitution which has been ratified by its members and facilities or facility arrangements which, Council, acting reasonably, deems proper.
         

      2. Affiliate Member. A properly constituted legal entity which possesses facilities to play the game of bowls and which Council, acting reasonably, deems proper.
         

      3. Associate Member. A person who is not an Individual Club Member but wishes to maintain his coaching or officiating qualifications or be involved with officiating the sport and whom Council, acting reasonably, considers is a worthy candidate.
         

      4. Honorary Member. A person who, by virtue of their position among bowlers, or in view of their exceptional service to the Association and/or to the sport in Cyprus, has the recommendation of Council and the approval of an Annual General Meeting to be an Honorary Member.
         

      5. Individual Club Member. Any person who is a member of a Member Club and entitled to play bowls at that Member Club under the terms of that membership.
         

    2. All applicants for Membership shall be required to complete the Membership application form provided by Council and submit the said form to the Secretary

 

    1. In signing the Membership application form, the person concerned agrees that he and, in the case of a Member Club or an Affiliate Member, all persons constituting the said Member Club or Affiliate Member as aforesaid, shall be deemed to be, and be in fact, bound by the constitution, Code of Conduct, Rules and Regulations promulgated there under.
       

    2. In all cases the decision of Council on applications for Membership and decisions on whether or not they should be accepted, shall be the sole responsibility of Council, and in the event that any application is refused, Council shall not be under obligation to assign any reason for such refusal.
       

    3. Membership is annual and, except on the express authority of Council, automatically renewable on 1st January each year.
       

    4. Notice of resignation from Membership of the Association is to be submitted in writing to the Secretary of the Association.
       

    5. In the event that a Member Club changes its name and/or materially changes its facilities and/or facility arrangements it shall be required, within 14 days of such change or changes coming into effect, to make a submission to Council demonstrating that the Club still merits its status as a Member Club. The Secretary shall notify the Club in writing of Council’s decision on the said submission within 14 days of receipt of such submission and, in the event of a rejection, shall give the reasons for rejection. If the Club fails to satisfy Council that it has resolved the reasons for rejection within 31 days of the notice rejecting the initial submission, the Club shall be deemed by Council to have resigned from the Association and the Secretary shall so inform the Club in writing.

       

    6. Any Member Club which has either resigned from the Association or allowed its membership to lapse for more than one year and subsequently re-applies for membership shall be treated as a new applicant.
       

  1. COUNCIL OF THE ASSOCIATION
     

    1. Council of the Association will consist of:

      1. Delegates, 2 from each Member Club

      2. Secretary

      3. Treasurer

      4. Executive Officers

      5. Chairperson
         

    2. Except as provided herein in the event of a tied vote, every member of Council specified in Clause 4.1 present at a Council Meeting will have a vote, on issues raised at that meeting. Where a member is present in more than one capacity that member will only have one vote. Delegates have the authority to cast the vote on behalf of their Club but may seek the directions of their members or Club committee as to how to vote if they so wish. For a Council Meeting to be quorate a nominated Delegate of a majority of Member Clubs must be present. Delegates may hold the office of Secretary, Treasurer or Executive Officer.
       

    3. The Association President will be an honorary position and the holder will be nominated on an annual rotational basis between Member Clubs and subject to approval by Council. The current rotation is Aphrodite followed by Peyia, then the Aliathon and finally Coral Bay.
      The holder will not be involved with the running of the Association. In the event of, for whatever reason, the position becoming vacant during the year of office the current Member Club in the rotation may nominate a replacement. If no such nomination is forthcoming within 30 days of the position becoming vacant the next Member Club in the rotation will be offered the opportunity of making a nomination. All nominees must have the approval of Council before their appointment is confirmed.

       

    4. The Council Chairperson shall not be a Delegate and shall be elected at the AGM in accordance with the procedures set out in Clause 4.10. In the event of the Chairperson retiring or resigning the Vice Chairperson will undertake his duties until another Chairperson is elected by the Delegates. At any Council meeting, the Chairperson will hold the free casting vote in the event of a tied vote on any matter under consideration.
       

    5. The Council Vice Chairperson shall be a Delegate and be elected by the Delegates at a meeting held within 14 days after the AGM. If, for whatever reason, the Chairperson is no longer a Member of Council, or unable to attend a meeting, the Vice Chairperson will assume the Chairperson's position.

In the event that the Vice Chairperson assumes the Chairperson’s position for any period:-

a) he/she shall forgo his/her position as a Delegate and shall appoint a Substitute Delegate for that period;

b) he/she will have the casting vote in the event of a tied vote on any matter under consideration during that period.

 

    1. The Secretary shall be elected at the AGM in accordance with the procedures set out in Clause 4.10. The Secretary will attend Council meetings and handle all secretarial duties commensurate with the affairs of the Association.
       

    2. The Treasurer shall be elected at the AGM in accordance with the procedures set out in Clause 4.10. The Treasurer will attend Council meetings and handle all financial affairs commensurate with the affairs of the Association.
       

    3. The Delegates will be appointed by each Member Club. Each Member Club will nominate two Delegates but will be entitled to one vote at General Meetings and one vote per Delegate in attendance at Council Meetings. In the event of a nominated Club Delegate being unable to attend any Council meeting(s) a Substitute Delegate will be permitted provided that the Secretary has been duly notified in writing in advance of the said meeting(s) by the secretary of the said Club. A Substitute Delegate shall have the same authorities, obligations and responsibilities as a Delegate for the period of his appointment.
       

    4. Executive Officers shall be elected at the AGM in accordance with the procedures set out in Clause 4.10 to deal with specific duties of the Association. Executive Officers will attend Council meetings and report on matters within their remit.

 

    1. In circulating the notice of the AGM in accordance with Clause 6.2, the Secretary shall include a form inviting applications for the positions of Chairperson, Secretary, Treasurer and the Executive Officers. Applicants for any of the positions shall return the said form, duly signed by the applicant, a proposer and a seconder to the Secretary at least 21 days before the AGM. All proposers and seconders must be Individual Club Members. In circulating the agenda for the AGM in accordance with Clause 6.2 the Secretary shall include a list of all applicants for the positions, including the names of the proposers and seconders. At the AGM Delegates shall vote (one vote per Member Club) by secret ballot on all applications and have the right to reject any applicant they consider is not qualified for the position for whatever reason. The Chairperson at the commencement of the AGM shall have a casting vote in the event of a tied vote for the position of the incoming Chairperson. The incoming Chairperson shall have a casting vote in the event of a tied vote for any of the other positions. The results of the voting shall be announced at the AGM.
       

  1. DUTIES AND AUTHORITY OF COUNCIL
     

    1. To decide on matters of strategy and policy to be followed in carrying out the objectives of the Association.
       

    2. To make, maintain, publish and enforce the Constitution and all necessary Policies, Codes of Conduct and Rules and Regulations in connection with the objectives of the Association.
       

    3. To delegate any of its duties to a duly appointed sub-committee, or individuals whether or not the persons to whom the powers are delegated, are Council Members. All sub committee members, whilst serving on a sub committee, will be deemed to be Council Members and will be indemnified under Clause 10 and bound by the Code of Conduct for Council Members for the duration of that service.
       

    4. To ensure the Member Clubs, Affiliates and others, over whom it may have jurisdiction, accept that their members and individuals comply with and adhere to the Constitution and any Codes of Conduct or Rules or Regulations and Policies made or referred to.
       

    5. To nominate representatives to other bodies to represent the Association.
       

    6. Subject to the provisions of this Constitution, Council may regulate proceedings as it sees fit. In addition to the Annual General Meeting, the Council will meet as and when is deemed necessary but shall always meet 14 days after the AGM when the business shall at a minimum be:-
       

      1. to ratify the nominee for Vice Chairperson elected in accordance with Clause 4.5;

      2. to confirm the appointments of any Individual Club Members co-opted onto Council as provided for in Clause 5.8;

      3. to confirm the names of the signatories of the Bank account;

      4. to provisionally approve the minutes of the AGM;

      5. to agree responses to any outstanding queries raised at the AGM.
         

    7. The day to day affairs of the Association will be conducted by the Management Committee comprising Chairperson and Vice Chairperson, the Secretary and the Treasurer. The Management Committee shall be accountable to Council and shall keep Council informed by email as soon as practicable after such actions have been taken.
       

    8. If there are any vacancies in the membership of Council at the conclusion of an AGM, Council shall have the authority to co-opt Individual Club Members to fill such vacancies and shall ratify such appointments at a Council meeting to be held within 14 days after that AGM. If vacancies remain after that meeting or if any positions subsequently become vacant prior to giving notice of the next AGM, Council shall, within 14 days, through the secretaries of the Clubs, invite applications from Individual Club Members to fill such vacancies. Voting on these applications shall be in accordance with the provisions of Clause 4.2 and all voters have the right to reject any applicant they consider is not qualified for the position for whatever reason. If all applicants for a given vacancy are rejected or if there are no applicants within 21 days of such advertisement, Council shall have the authority to co-opt an Individual Club Member to fill such positions in order to ensure that Council business may be carried out with the minimum disruption.
       

    9. Notice of resignation from Council or any of the Association’s committees / sub committees is to be submitted in writing to the Secretary.
       

    10. Any Council Member who stands to give or gain either a real or apparent advantage of any kind by virtue of his/her position on Council must declare his/her interest prior to any discussion on the matter. Failure to declare such interest shall be considered as misconduct and dealt with accordingly. In the event of an interest being declared Council must take the necessary steps to exclude that person from exerting any influence on the associated decision

 

  1. GENERAL MEETINGS
     

    1. This Constitution can only be changed through resolutions properly tabled and approved at General Meetings which shall include Annual General Meetings (A.G.M.) and Extraordinary General Meetings (E.G.M.). Voting at all General Meetings is restricted to Member Clubs who shall have one vote each. All individual Club Members, Affiliate Members, Honorary Members, Associate Members and the President have the right to attend General Meetings but shall have no vote and may only speak with the permission of the Chairperson.
       

    2. The A.G.M. of the Association shall be held in February of each year as determined by the Council at a Council meeting where the date of the A.G.M. is an agenda item. The minimum notice period for notifying Member Clubs of the AGM will be 28 days. Any item of business which any Member Club wishes to have placed on the agenda should be notified to the Secretary 21 days prior to the date of the meeting. The agenda shall be prepared by Council and issued as part of the notice of the meeting 14 days prior to the due date. No motions from the floor will be accepted at the meeting.
       

    3. Notice of the A.G.M. to include the date, time and place of the meeting and the agenda shall be sent to the President and all Honorary Members and Associate Members and to the secretaries of Member Clubs and Affiliate Members.
       

    4. No business shall be transacted at any A.G.M. unless a majority of the Member Clubs entitled to vote is present. If after thirty minutes there is still no quorum present, then the meeting will be re-convened fourteen days later. At the second meeting the business of such an A.G.M. will proceed whether or not a quorum is present.
       

    5. The business of the A.G.M. shall be:-

      1. to receive the report of Council and the financial statements;

      2. to announce the appointment of the President, Officers and Executive Officers.

      3. to appoint the Auditor for the ensuing year;

      4. to confirm the rates of various subscriptions and fees payable to the Association as appropriate for current, subsequent and future years as the case may be;

      5. to debate and vote on resolutions of which due notice has been given.

      6. To approve the appointment of any person recommended by Council for Honorary Membership

    6. The Secretary shall call an E.G.M. at the request of a majority of Delegates or upon receipt of a request in writing signed by the secretaries of at least two of the Member Clubs, stating the purpose for which the meeting is to be called and the resolution or resolutions which will be voted on at the meeting.

       

    7. The E.G.M. shall be held within 28 days of the request being received by the Secretary and notice shall be sent to the secretaries of Member Clubs and Affiliate Members, the President and Honorary and Associate Members at least 14 days prior to the date of the meeting. No other business shall be conducted at such a meeting except that of which notice has been given. If after 30 minutes a majority of the Member Clubs entitled to vote is not present the meeting will be abandoned.
       

  2. RECORDS OF MEETINGS
     

    1. All Council and Management Committee meetings will be recorded by the Secretary.
       

    2. All sub-committee meetings will be recorded and minutes sent to the Secretary for distribution.

 

  1. FINANCE

 

    1. The financial year of the Association shall end on 31st December each year.
       

    2. Annual membership fees as determined in accordance with this Constitution shall be due by 31st January each year. Any Member Club admitted to the Association after that date in any year shall be required to pay, prior to being admitted, a joining fee as determined in accordance with this Constitution together with the appropriate annual membership fee in full. Annual membership fees for Member Clubs shall comprise a capitation charge for each of the Individual Club Members in the Club (including Honorary Members) at 1st January or, for a new Member Club, on the date of joining the Association. Affiliate Members, Associate Members and Honorary Members shall not be required to pay a joining fee but shall be required to pay, prior to being admitted, the prevailing annual membership fees for that Membership category.
       

    3. Member Clubs are required under World Bowls rules to maintain a register of the names of its Individual Club Members and will be required to make this register available to the Association for the purpose of reconciling capitation fees due to World Bowls and membership fees due to Bowls Cyprus.
       

    4. Any Club failing to meet its financial obligations to the Association by the required date may be suspended by Council until such time as the dues have been met in full. Suspension will mean that no member of that Club will be able to fulfil the duties of any office they may hold within the Association or take part in any competition or activity for which the Association is responsible.
       

    5. There will be no refund of membership fees on resignation, suspension or termination of membership of the Association.
       

    6. The signatories to the Association’s Bank account shall be any 2 of the Officers of the Association.
       

  1. DISCIPLINARY HEARINGS AND APPEALS PROCEDURE
     

    1. The Rules of the Association will contain detailed references to misconduct, disciplinary hearings and disciplinary procedures in accordance with the rules of Bowls Cyprus, the European Bowls Union and World Bowls. In the event of reported misconduct or violation of the said Rules by any Member, a disciplinary sub-committee may be constituted to deal with the matter. The sub-committee members should, as far as is practicable, have no vested interest in the outcome of the disciplinary hearing.
       

    2. All complaints will be made in writing to the Secretary.

 

  1. INDEMNITY
     

    1. All Council Members and the President, except in any such case where any such costs, expenses and liabilities arise in connection with any negligence, default, breach of duty or breach of trust, shall be indemnified by the Association out of all assets, but limited to the extent of the assets available to the Association, against costs, expenses and liabilities whatsoever incurred by such Council Members or the President in the proper execution and discharge of duties undertaken on behalf of the Association, or incurred in good faith in the discharge of such duties, provided that any such Council Member or the President, so indemnified, has been properly authorized by the Association in relation to the duties undertaken.
       

    2. Neither any Council Member nor the President, in the proper execution of their duties, shall have any personal liability for loss, damage or mis-fortune that may be incurred by the Association.

       

    3. Dissolution of the Association. If at any General Meeting there shall be passed a resolution, by a majority of at least three quarters of the Member Clubs present, calling for the dissolution of the Association, the Association shall be wound up by such person or persons as the meeting shall determine who shall act as liquidator. After discharge of the liabilities of the Association, the remaining assets of the Association shall be distributed to those Member Clubs pro-rata, any share being calculated by reference to the number of Individual Club Members.