Constitution

1. Name

The name of the Club is Stragglers of Asia Cricket Club, hereafter to be referred to as “the Club”.

2. Aims and Objectives

(a) To foster and promote the sport of cricket and the playing of it in the Corinthian spirit within the community and within the sport, providing opportunities for recreation, coaching and competition.

(b) To ensure that all members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket.

(c) To ensure a duty of care to all members of the club by adopting and implementing the ECB Cricket Equity Policy and any future versions of the Policy.

(d) To encourage all members to participate fully in the activities of the Club.

3. Membership

(a) Membership of the club shall be open to anyone interested in the sport of cricket on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.  However, limitation of membership according to available facilities is allowable on a non discriminatory basis.

(b) The club may have different classes of membership and subscription on a non discriminatory and fair basis.  The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.

(c) Application for membership of the club shall be by completion of a membership application form and by payment of the relevant subscription/joining fees as determined by the Annual General Meeting of the Club.

(d) No person shall be eligible to take part in the business of the Club or eligible for selection for the Club in a match unless the appropriate subscription has been paid by the specified date or membership has been agreed by the Committee.

(e) The Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the club or cricket into disrepute.  Appeal against refusal of membership may be considered by the Committee on the written request of the candidate’s Proposer and Seconder. In the case of a Member whose membership is removed, they may appeal to the Committee who shall appoint an Appeals Committee to hear the appeal.

(f) All members will be subject to the regulations of the Constitution and by joining the club will be deemed to accept these regulations and any Codes of Conduct that the club has adopted.  The Constitution shall identify those members eligible to vote at any General Meetings.

4. Classes of Membership

The following classes of membership available:

  • Playing Member
  • Non-playing Member
  • Social Member
  • Honorary Member
  • Paid Up Life Member

A list of members in each category shall be maintained by the Treasurer or the Secretary of the club.

5. Officers

The Officers of the club shall be as follows:

Executive Officers

  • Chairman
  • Vice Chairman
  • Secretary
  • Treasurer
  • Fixture Secretary
  • Match Secretary
  • Cricket Secretary
  • Social Secretary
  • I&DM Manager (Information and Data Management)

Non Executive Officer

  • President

Honorary Officers

  • Patron
  • President
  • Vice-President(s)

6. Election of Officers

(a) All Officers shall be elected at the Annual General Meeting of the club from, and by, the members of the Club. All Officers shall be elected for a period of three years, but shall be eligible for re-election to the same office or to another office at the completion of their term.

(b) The President shall hold office for three years. He shall be eligible for re-election.

7. Management Committee

7.1 The affairs of the club shall be conducted by a Committee (the “Committee”) comprising the President, the Officers and up to 6 Members of the club elected from, and by, the Members of the club.  Only these members of the Committee shall be entitled to vote at Committee meetings. The Committee will be convened by the Secretary and shall meet at agreed intervals and not less than four times per year. The quorum required for business to be agreed at Committee meetings shall be 5.

The duties of the Committee shall be:

a) To control the affairs of the club on behalf of the members.

b) To keep accurate accounts of the finances of the club through the Treasurer.  These should be available for reasonable inspection by members.  The club shall maintain a bank current account and the following Officers shall be authorised to sign club cheques: any two from the Chair, Treasurer and Secretary.

c) To co-opt additional members of the Committee as the Committee feel is necessary.  Co-opted members shall not be entitled to a vote on the Committee and shall serve until the end of the next Annual General Meeting.

d) To make decisions on the basis of a simple majority vote. In the case of equal votes, the Chairman shall be entitled to an additional casting vote.

7.2 The Committee shall have powers to appoint sub-committees as necessary and to co-opt advisers who may be non club members invited to advise on specialist subjects.

7.3 An elected Committee member ceases to be such if he or she ceases to be a member of the club, resigns by written notice, or is removed by the Committee for good cause after the member concerned has been given the chance of putting their case to the Committee.  Appeal against removal may be made to the Appeals Committee.  The Committee shall fairly decide time limits and formalities for these steps.

7.4 The Committee has the power to:

(a) acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities

(b) provide coaching, training, medical treatment, and related social and other facilities

(c) take out any insurance for club, employees, contractors, players, guests and third parties

(d) raise funds by appeals, subscriptions, loans and charges

(e) borrow money and give security for the same, and open bank accounts

(f) buy, lease or licence property and sell, let or otherwise dispose of the same

(g) make grants and loans and give guarantees and provide other benefits

(h) set aside funds for special purposes or as reserves

(i) invest funds in any lawful manner

(j) employ and engage staff and others and provide services

(k) co-operate with or affiliate firstly to any bodies regulating or organising the sport of cricket and secondly any club or body involved with cricket and thirdly with government and related agencies

(l) do all other things reasonably necessary to advance the aims and objectives of the club.

NONE of the above powers may be used other than to advance the aims and objectives in a manner consistent with the Rules and the general law.

8. General Meetings

The Annual General Meeting of the club shall be held not later than the end of January each year.  21 days written notice of the Annual General Meeting shall be given to members by circulating a copy of the notice to every member at their home address and posting the notice on the club website.  Members must advise the Secretary in writing of any other business to be moved at the Annual General Meeting at least 14 days before a meeting.  The Secretary shall circulate or give notice of the agenda for the meeting to members not less than 7 days before the meeting.

The business of the Annual General Meeting shall be to:

a) Confirm the minutes of the previous Annual General Meeting and any General Meetings held since the last Annual General Meeting

b) Receive the accounts for the year from the Treasurer

c) Receive the annual report of the Committee from the Secretary

d) Receive the report from the Fixture Secretary

e) Receive the report from the Keeper of the Records

f) Receive the report of the Match Secretary

g) Elect the Officers of the Club (i.e. President; Vice Presidents, Chair etc.) and Members to any vacant positions on the Committee

h) Elect new members of the Club

i) Review club subscription rates and agree them for the forthcoming year

j) Transact such other business received in writing by the Secretary from members 14 days prior to the meeting and included on the agenda.

Nominations of candidates for election of Offices shall be made in writing to the Secretary at least 14 days in advance of the Annual General Meeting date.  Nominations can only be made by Members and must be seconded by another Member.

Special General Meetings may be convened by the Committee or on receipt by the Secretary of a request in writing from not less than 10 Members of the club.  The meeting shall be called within 42 days from the date of receipt of the request.

At all General Meetings, the Chair will be taken by the Chair or, in their absence, by a deputy appointed by Full Members attending the meeting.  Decisions made at a General Meeting shall be by a simple majority vote from those Full Members attending the meeting.  In the event of equal votes, the Chairman of the meeting shall be entitled to an additional casting vote.

A quorum for a General Meeting shall be 5 Members including Officers of the Club.

Each Member of the Club shall be entitled to one vote at General Meetings.

9. Alterations to the Constitution

Any proposed alterations to the club Constitution may only be considered at an Annual or Special General Meeting, convened with the required written notice of the proposal.  Any alteration or amendment must be proposed by a Member of the club and seconded by another Member.  Such alterations shall be passed if supported by not less than two-thirds of those Members present at the meeting, assuming that a quorum has been achieved.

10. Finance

All club monies shall be banked in an account in the name of the club.

The Treasurer shall be responsible for the finances of the club and for providing a report on the financial position as required by the Committee.

The Treasurer shall ensure that the club maintains adequate and appropriate insurance to cover the activities of the club.

The financial year will end on 30 November.

The Treasurer will present a statement of the annual accounts at the Annual General Meeting.

Any cheques drawn against club funds should hold the signatures of the Treasurer and or the Chairman

11. Property and Funds

(i) The property and funds of the club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits shall be reinvested in the club.

(ii) The club may also in connection with the sports purposes of the club:

(a) sell and supply food, drink and related sports clothing and equipment

(b) employ members and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present

(c) pay for reasonable hospitality for visiting teams and guests

(d indemnify the Committee and members acting properly in the course of the running of the club against any liability incurred in the proper running of the club (but only to the extent of its assets).

12. Discipline and Appeals

12.1 All complaints regarding the behaviour of members should be lodged in writing with the Secretary. The Committee shall appoint a Disciplinary sub-committee who will meet to hear complaints within 28 days of a complaint being lodged.  Any member requested to attend a Disciplinary sub-committee shall be entitled to be accompanied by a friend or other representative and to call witnesses.  The Committee (or its sub-committee) has the power to take appropriate disciplinary action, including the termination of membership.

12.2 The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the member against whom the complaint was made within 14 days following the hearing.

12.3 There shall be a right of appeal to the Committee against either the finding or the sanction imposed or both following disciplinary action being taken.  The Committee shall appoint an Appeals Committee (a maximum of three) which shall not include members involved with the initial disciplinary hearing but may include non members of the club.  The Appeals Committee shall consider the appeal within 14 days of the Secretary receiving the appeal. The individual submitting the appeal shall be entitled to be accompanied by a friend or other representative and to call witnesses.  The decision of the Appeals Committee shall be final and binding on all parties.

13. Dissolution

(a) If at any General Meeting of the club, a resolution be passed calling for the dissolution of the club, the Secretary shall immediately convene a Special General Meeting of the club to be held not less than one month thereafter to discuss and vote on the resolution.

(b) If at that Special Meeting, the resolution is carried by at least two-thirds (three quarters) of the Membership present at the meeting, the Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the club and discharge all debts and liabilities of the club.

(c) The Committee will then be responsible for the orderly winding up of the club’s affairs.

(d) After settling all liabilities of the club, the Committee shall dispose of the net assets remaining to one or more of the following:

(i) To Eastbourne College so long as it retains its charitable status or should it lose such charitable status another club with similar sports purposes which is a registered charity and/or to another club with similar sports purposes which is a registered Community Amateur Sports Club and/or

(ii) to the Marylebone Cricket Club for use by them for related community sports.

For the avoidance of doubt, such a disposition shall be in lieu of a return to the membership of any subscriptions paid.

14. Declaration

The Stragglers of Asia CC hereby adopts and accepts this Constitution as a current operating guide regulating the actions of all members.

SIGNED (CLUB CHAIRMAN)

NAME  ATD Lerwill OBE                                              20th Mar 14

SIGNED (CLUB SECRETARY)

NAME  ST Collins                                                          20th Mar 14