BYE-LAWS OF THE JERSEY BADMINTON ASSOCIATION

(Founded 1924) Amended September 2007 

ANNUAL AFFILIATION FEES 

SUBSCRIPTION

Each Affiliated Club or Organisation shall pay the Association the Annual Affiliation Subscription to be determined at the AGM.

 

LEVY

Each affiliated Club shall pay the Association an annual levy for each playing Member thereof, as determined at the AGM, as follows:

(a)        Affiliated clubs, junior clubs and other organisations based at The New Gilson Badminton Hall - a sum fixed at the Annual General Meeting per playing member,      which sum shall include the Governing Body of English Badminton's affiliation fee; with the exception of Association Life members for whom no levy shall be paid and junior playing members for whom a sum fixed at the Annual General Meeting shall be paid.

(b)        Affiliated Clubs not based at The New Gilson Badminton Hall - the Governing Body of English Badminton's fee, applied to members in the Channel Islands, per playing member.

 

AFFILIATED CLUBS 

An Affiliated club shall be considered a Junior club if all its playing members thereof are under the age of 18 years, other  clubs shall be considered Senior Clubs.

 

NUMBER OF DELEGATES AND COUNCIL MEMBERS 

Each Senior Affiliated Club may have up to 6 delegates Each Junior Affiliated club may have up to 6 delegates at each Extraordinary or General Meeting of the Association. Each Senior Affiliated Club may have no more than 3 voting members Each Junior Affiliated Club may have no more than 3 voting members Sitting on Council as Council Members at any one time. Substitution of Council Members may be made by the clubs in case on need.

 

CONDUCT OF BUSINESS 

POINT OF ORDER

At any meeting of the Association, whether General or of Council or of a Committee, the decision of
The Chairman upon all points of order shall be final.

 

MOTION 

(a)        At any meeting of the Association, whether General or of a Council or of a Committee, resolutions shall be duly proposed and seconded and may arise out of any matter under debate. Amendments to any resolution before the meeting may be proposed and seconded, but no second amendment can be moved until a previous amendment has been disposed of.  It shall be permissible for any member to give notice of a further amendment whilst a previous amendment is under discussion, but no member shall move two amendments himself to the same resolution.

(b)        No resolution passed at a meeting can be rescinded at the same meeting.

(c)        A resolution passed at any previous meeting shall not be rescinded unless due notice to do so shall have been given in writing to the Secretary and such notice of intention to move the rescinding shall appear of the Agenda of the next meeting together with the name of the proposer.

 

MINUTES

Minutes shall be kept of all General Meetings and Council Meetings.  The Minutes of an Annual General Meeting shall be signed and approved at the next Annual General Meeting, those of an Extraordinary General Meeting at the next Extraordinary General Meeting, or Annual General Meeting,whichever is sooner and those of a Council Meeting at the next Council Meeting.

 

COMMITTEES

There shall be Committees where appropriate to allow the Association to carry out its normal functions.

           

DUTIES AND POWERS

(a)        A Committee shall be responsible to the Council for the matters set out herein below as well as for such other duties as may be from time to time delegated to them.

(b)        All Committees shall report their progress at Council Meetings.

 

CALL OF MEETING

A Committee Meeting shall be called at such times and in such a manner as shall be arranged between the committee's Chairman and the members of the Committee.

 

MEETINGS

Minutes or Reports shall be made of Committee Meetings and shall be presented to Council for consideration each time such Committee reports its progress in accordance with Article 10(b) hereof.  It shall be the duty of the Committee's Chairman to draw council's attention to any recommendation which covers a course of action or relates to expenditure of monies beyond the Committee's terms of reference.  Council shall be empowered to reverse or amend a Committee's decision or to refer such decision back to Committee for further consideration.

 

CHAIRMAN

In the absence of the Committee's Chairman a Committee shall appoint another member of the Committee to take the Chair. 

The roles of the Committees as required are:

 

ADVISORY COMMITTEE

Comprised of members of the executive, shall have full    powers to deal with any matter in an emergency which may arise between council Meetings and will advise the Council at the next meeting thereof of any matter so arising and with such matters as are delegated to it by Council.  They may authorise expenditure up to a maximum of £500.00 in any one instance for the general maintenance and upkeep of the facilities and running of the association.

           

HALL

The Hall committee shall be responsible for all routine matters of maintenance,     repair and replacement at The New Gilson Badminton Hall, including the engagement  and conditions of service of cleaners and caretakers, provided that no financial commitments in respect thereof shall be made without prior consent of the Council or Advisory Committee.

 

JUNIOR COMMITTEE

The Junior Committee shall be responsible for formulating plans and bringing these to the notice of Council and be responsible for the selection of a Junior team to represent the Association in any Junior match in accordance with Appendix 1 (which can be amended at Council Meetings).

 

LEAGUE COMMITTEE

The League Committee shall be responsible for the running of the league and shall be empowered to deal with all matters arising therefrom.  It shall be empowered to decide on the number of leagues and the number of teams in each league and to see that the rules governing the league function in accordance with the rules of each competition, which rules shall be displayed on a notice board at The New Gilson Badminton Hall.  The League Committee shall meet before the season commences each year to determine the structure of the league and will nominate a club to take sole responsibility thereafter for the day to day running of the league.  Any proposed alteration of, addition to or deletion from the

League rules must be submitted to the Council for final approval.

 

SELECTION COMMITTEE

The Selection Committee shall be responsible for selecting and managing badminton teams to represent Jersey in all representative matches in accordance with the criteria set out in Appendix 1 for each event (which can be amended at council meetings). 

 

SOCIAL COMMITTEE

The Social Committee shall be responsible for the organisation    of all social functions sanctioned in council or the social aspects, including catering, of competitions and matches held during the season.  It shall work in conjunction with the tournament Committee and Advisory Committee where necessary.

 

TOURNAMENT COMMITTEE

The Tournament Committee shall be responsible for all arrangements necessary for the holding of the Annual Open, restricted, Handicap and junior open and restricted Tournaments, all subsidiary badminton events held in connection therewith and all             other tournaments to which the Association commits itself           provided that Council shall first agree to the conditions and dates of any such event.

 

UMPIRES COMMITTEE

The Umpires Committee shall be responsible for providing umpires at Association fixtures; it will encourage umpiring and recommend to Council   persons suitable for membership of the Badminton Umpires Association of England.

 

COACHING COMMITTEE

The Coaching Committee shall consist of members who are qualified coaches or persons wishing to assist with coaching; they shall encourage coaching when necessary, arrange courses and assess the needs for the coaching of Badminton throughout the island, provided always that any expenditure which may be          incurred has first been approved by the council or Advisory Committee.

 

OTHER DUTIES AND PROCEDURES.

 

CREDIT

Members of the Advisory Committee and other Association officials duly authorised by the Advisory Committee shall be the only officials of the Association with authority to pledge the credit of the Association.

 

SECRETARY

The Secretary shall keep correct Minutes of the business of all Council Meetings and General Meetings and shall generally carry out all duties required of him by Council.  He shall prepare or cause to be prepared convening notices as he may be directed to do so, and keep records of all correspondence of the Association.  The Honorary Secretary may be aided in his work by the Assistant Honorary Secretary to whom he may delegate such tasks as may appear expedient to him; one such task being to ensure that a copy of the Rules and Bye-laws of the Association are displayed on a Notice Board at The New Gilson Badminton Hall.

 

HONORARY TREASURER

The Honorary Treasurer shall keep books of account and he shall prepare a Balance sheet and an annual statement of the income and expenditure for the period ending 30th April each year, duly audited, for presentation to delegates at the Annual General Meeting.  The Honorary Treasurer shall be responsible for the collection of all fees, rental, levies and other sundry income in accordance with the rules of the Association and the decisions made by Council and will ensure that the Associations' assets are adequately insured.  The Honorary Treasurer may be aided in his work by the Assistant Honorary Treasurer to whom he may delegate such tasks as may appear expedient to him.

BADGES

There shall be four badges, namely:

• (a) one for players representing the Association in the Gilson Cup Match;
• (b) one for players representing the Association in the R.S.L Shield match;
• (c) one for players representing the Association in the Junior Inter-Island match'
• (d) one for players representing the Association in the Veterans Inter-Island match

Such players shall be given the appropriate badge on their first appearance in such teams and shall be entitled to wear it thereafter at any time.  Additional badges may be purchased by those entitles thereto.

 

REPRESENTATION

In accordance with the rules of other Associations or Councils, to which the Jersey Badminton Association is affiliated or is a member, delegates will be elected annually by the Council, at the first Council meeting following the Annual General Meeting, to represent the Association at meetings called by such Associations or Councils.  Such representatives while having no vote thereat shall be entitled to attend Council Meetings of the Jersey Badminton Association and will receive due notice thereof.

September 2007

 

APPENDIX 1

SELECTION COMMITTEE'S RESPONSIBILITIES

GILSON/RSL/VETERANS/JUNIOR INTER-INSULAR MATCHES

The selectors, as nominated at the AGM held prior to the beginning of the season, must contact the secretary to ascertain court availability for the trials. 

The selectors must request the secretary to place a notice up at the hall inviting any eligible members of the association to attend the first trial.   The first trial should be held at least 6 weeks before the match is due to be played.

Any member wishing to put themselves forward for selection should attend the first trial., thereafter it will be at the discretion of the selectors as to who attends subsequent trials.  After the third and final trial the team must be named and only the players/reserves selected for the team asked to come back to the remaining sessions which will be practices not trials.  (The trials are only for 3 weeks).

A register must be kept detailing attendance to each trial and all games played should be written down with the scores recorded.

When picking the team, results from the trials should be taken into account as well as attendance at the trials.  Any genuine reasons for non attendance at trials may also be taken into account.

If the match is to be held in Guernsey, the Secretary will be responsible for booking the flights and will hold 16 flights with Aurigny but must be informed of the team once selected.

The selectors (with the assistance of the JBA Secretary) must ensure that they have the trophy and the individual performance trophy (if appropriate) at least one week prior to the date of the fixture.  Also ensure these are engraved.

The selectors must ensure that they collect, or appoint the team captain to collect, the match fee from all players (except reserves) and that all the monies are handed to the treasurer of the association.

The original score sheet along with a brief report (to be presented at council) must be given to the secretary.

The selectors must ensure that arrangements are made for the result to be reported in the Jersey Evening Post and on BBC Radio Jersey.

ISLAND GAMES

The selectors will pick a team taking into account results for the previous and current season from county/tournaments/inter-insulars in accordance with the Island Games Association of Jersey's rules.

COMMONWEALTH GAMES

The team will be picked in accordance with the criteria set out by the Commonwealth Games Association of Jersey.

COUNTY

Teams will be picked by the selectors, as nominated at the AGM held prior to the beginning of the season.

JUNIOR INTER-COUNTIES TOURNAMENT

The team will be picked by the Team Manager appointed for that particular season.

 

RULES OF THE "JERSEY BADMINTON ASSOCIATION."

 

1.                    The name of the Association is "THE JERSEY BADMINTON ASSOCIATION".

2.                    The objects for which the Association is established are:-

 

(a)                   To acquire and take over all or any part of the assets and liabilities of the present unincorporate body known as "Jersey Badminton Association".

 

(b)                   To promote the game of badminton and other sports and pastimes and to promote social activities between the members of the Association.

 

(c)                   To ensure the adoption by badminton players in theIsland of Jersey of the badminton rules as laid down by the Badminton Association of England and the International Badminton Federation, and to decide all doubtful and disputed questions as to the rules and laws of the game of badminton and all matters in connection with the game.

 

(d)                   To promote badminton matches, leagues, ties, tournaments and other competitions and to confer give contribute towards and receive for presentation prizes, cups, medals and other awards therefor.

 

(e)                   To promote, hold, give, contribute towards and support luncheons, dinners, balls, socials, concerts, all kinds of performances and other functions.

 

(f)                    To acquire by purchase, lease or otherwise, for any estate or interest and on any tenure, land, buildings, and any other real or personal property, and to lay out, prepare and maintain the same for badminton or other athletic sports and pastimes and to provide clubhouses, dormitories, pavilions, changing rooms, shower and bathhouses, restaurants, dwelling houses, bungalows, and flats, sheds, garages, stores and other conveniences and amenities in connection therewith and to furnish, decorate, alter, enlarge, demolish, repair, uphold and maintain the same and to permit the same to be used, whether for profit or otherwise by members and employees of the Association and their families and others.

 

(g)                   To purchase, hire, prepare, make, provide, maintain, supply, sell, deal in, let out on hire, or otherwise dispose of all kinds of badminton rackets and shuttlecocks and all apparatus, equipment, badges, footwear and clothing, used in connection with the game of badminton and other sports and pastimes and all kinds of food, provisions, refreshments, liquor, drinks, required or used by the members and employees of the Association and their families or other persons frequenting the property or premises of the Association or attending functions or events arranged by or connected with  the Association.

 

(h)                   To present, initiate, promote, organise, provide, conduct, arrange, manage, assist, develop, exploit, finance, make advances to and generally sponsor the presentation, production, direction, performance, playing, programmes, of any form of performance, entertainment, competition, exhibition, sporting recreational or other activity, (whether public or private) of any nature whatsoever, plays, fils, concerts, and broadcasts.

 

(i)                    To purchase, hire, prepare, make, provide, maintain, supply, sell, deal in, let out on hire, or otherwise dispose of all kinds of furniture, plate, linen, glass, books, papers, tools, equipment, and other effects, which may be required or conveniently used in connection with the Association.

 

(j)                    To hire and employ all classes of person considered necessary for the purposes of the Association and to pay to them and to other persons in return for services rendered to the Association salaries, wages, pensions, and gratuities.

 

(k)                   To establish, promote or assist in establishing or promoting and to subscribe to or become a member of any other associations or clubs whose objects are similar or in part similar to the objects of the Association or in establishment or promotion of which may be beneficial to the Association.

 

(l)                    To support, subscribe, give to any charitable or public body or institution and to any institution, society or club which may be for the benefit of the Association or its employees, directly or indirectly or may be connected with sport in general, and to give pensions, aid, gratuities, Christmas boxes, wreaths, presentations, payments towards the insurance of, and to form, contribute to and provide funds for the benefit of any person who may have served the Association or to the family of such persons.

 

(m)                  To manage, improve and maintain all or any part of the lands, buildings, rights, privileges and other property whether real or personal belonging to the Association and to sell, lease, sublease, exchange or otherwise deal with and dispose of the same, either as a whole or in portions for such consideration as the Association may think fit.

 

(n)                   To buy, take on lease or otherwise acquire any land, building rights, privileges or other property and such as may be deemed by the Association as likely to advance or benefit either directly or indirectly the interests of the Association.

 

(o)                   To invest and deal with the monies of the Association not immediately required upon such securities and in such a manner as may from time to time be determined and to deposit the monies of the Association with any Bank and to advance and lend money upon such terms as may be arranged with security.

 

(p)                   To borrow, raise and give security for money and to guarantee, secure or discharge any debt or obligation of or binding on the Association by issue of debentures, debenture stock, bills of exchange, promissory notes, or other obligations or securities of the Association and to give mortgages, charges and liens upon the whole or any part of the Association's property and assets (whether present or future).

 

(q)                   To do all such other lawful things as are incidental to or conducive to the attainment of the above objects or any of them.

 

 

 

Affiliation to the association

 

3.        GRANT.   Affiliation shall be granted to any bona fide Badminton Club that is willing to conform to the rules of the Association and whose rules are accepted by Council after is has vetted them.  An annual subscription to the Association shall be paid by Affiliated Clubs and shall become due firstly on the date of their acceptance by the Association, and thereafter annually on the 1stNovember, in each year.  The amount of the subscription shall be laid down in the Byelaws of the Association.

 

4.        RETIREMENT.   An Affiliated Club which wishes to retire from the Association may do so on giving notice in writing to that effect to the Honorary Secretary.  Unless such notice is given before 1stOctober in any year, the Club in question shall be liable to pay the subscription due on 1st November of that year. 

                                             

5.                    HONORARY AFFILIATION.   Honorary affiliation may be given to individuals after notice in writing is sent to the Honorary Secretary of such proposal which shall be put upon the Agenda of the next Council Meeting and to be voted on thereat.  Such persons when elected shall be known as Life Members.  Honorary affiliation does not of itself entitle a Life Member to vote at General Meetings nor to hold office in the Association.

 

 

ANNUAL GENERAL MEETING

 

6.                     DATE.   The Annual General Meeting of the Association shall be held between the 1st May and 30th June in each year,  after seven days' notice in writing as to the date thereof and the business to be transacted thereat shall have been sent in writing to all Executive, Delegates and Life Members.

 

7.         DELEGATES.  Every Affiliated Club shall nominate each year a number of persons who are fully paid members thereof to act as its Delegates at the next Annual General Meeting.   The number of Delegates from each Affiliated Club shall be laid down in the Byelaws of the Association.  A Delegate shall have the right to vote at the next Annual General meeting of the Association and shall be eligible for election to an Executive position on Council or to be a Council Member.   Every Affiliated Club shall forward the names and addresses of their Delegates before 15thApril in each year to the Honorary Secretary.

                                     

8.                     VOTE.  The Annual General Meeting shall be open to all members of Affiliated Clubs, but only the Delegates shall be entitled to vote.

 

9.        BUSINESS.    The President of the Association shall take the Chair or failing him a Vice-President, or failing them an Executive, or failing him the Annual General Meeting shall be postponed and reconvened upon the terms stated in Rule 11 hereof.   The following business shall be transacted in the following order, at the Annual General Meeting:-

 

(a)                   To receive the Minutes of the last Annual General Meeting and of the last Extraordinary General Meeting if any;

 

(b)                   To receive the Council's annual report;

 

(c)                   To receive a duly audited financial statement;

 

(d)                   To elect first the Executive then the Council Members and then Committee Members for the ensuing year, which office shall be held from the time of closure of the Annual General Meeting;

 

(e)                   To elect a Public Relations Officer of the Association, who although he shall have no vote thereat shall be entitled to attend all Council Meetings;

 

(f)                    To elect Auditors who shall be at least two in number or a professional body;

 

(g)                   To deal with any other business of which notice shall have been given to the Secretary before 1stApril of that year.

 

In case of equality of votes the Chairman shall have a casting vote.

10.                     QUORUM.   The quorum for the Annual General Meeting shall be one-third of those entitled to vote thereat.  If the quorum is not filled, the meeting shall be adjourned and further seven days' notice given in the manner laid down in Rule 6 hereof.  On the date set, the meeting shall proceed in any event.

 

EXTRAORDINARY GENERAL MEETING

 

11.                       DATE.   An Extraordinary General Meeting of the Association shall be called after ten days' notice in writing as to the date thereof and the business to be transacted thereat shall have been sent to the Executive,  Life Members and Honorary Secretaries of each Affiliated Club for distribution to their Delegates by the Honorary Secretary of the Association after (a) a resolution to that effect has been made by the Council, OR (b) at least twelve members of Affiliated Clubs shall have requested the same in writing to the honorary Secretary.

 

12.              DELEGATES.  As soon as the notice referred to in Rule 11 hereof has been received, every Affiliated Club shall nominate a number of persons who are fully paid members thereof to act as its Delegates and shall forward their names and addresses to the Honorary Secretary.   The numbers of Delegates from each Affiliated Club shall be laid down in the Byelaws of the Association but every Executive and Council Member shall be one of the number of Delegates from his own Affiliated Club which number is laid down in the Byelaws as aforesaid.

 

13.             VOTE.   The Extraordinary General Meeting shall be open to all members of Affiliated Clubs, but only the Delegates shall be entitled to vote.

 

14.          BUSINESS.   The President of the Association shall take the Chair, or failing him, a Vice-President, or failing both of them an Executive or failing all of them the Extraordinary General Meeting shall be postponed and reconvened on the terms laid down in Rule 15 hereof.  The business transacted shall be within the terms of reference of the notice convening the meeting.

                                                                                                                 

15.            QUORUM.   The quorum for an Extraordinary General Meeting shall be one-third of those entitled to vote thereat.   If the quorum is not filled, the meeting shall be adjourned and a further ten days' notice given in the manner laid down by Rule 11 hereof.  On the date set, if there is still no quorum present, the Extraordinary General Meeting shall be completely cancelled.

 

COUNCIL

 

16.           DATE.    A Council Meeting shall be called at least four times annually to arrange the affairs of the Association.  One of such Council Meetings being held between the 1st March and 21st March in each year to consider nominations and to nominate persons for Executive positions on the Council which shall have been sent in by Affiliated Clubs in accordance with Rule 17 hereof, and another of such Council Meetings being held between 31st August and 30th September in each year.  A Council Meeting may also be called at the request in writing to the Honorary Secretary of twelve persons who are either Council members or Executive, which shall state the nature of the business to be transacted; the Honorary Secretary shall thereupon arrange a Council Meeting to be held, the date of such meeting being at the latest twenty-one days after the Honorary Secretary has received the said notice of request.

 

            Notice of all meetings shall be sent to each Executive and Council Member to reach him at least seven days before the date of the meeting.

 

17.             EXECUTIVE.   Executive  shall be elected at Annual General Meetings from Delegates who have been nominated for an Executive position on the Council and duly Proposed and Seconded by two members of any Affiliated Club which nomination shall be sent in writing to the Honorary Secretary by the 1st March in each year.   Nominations may however be put forward by Council after that date.

 

18.          COUNCIL MEMBERS.    Council Members shall be elected from the Delegates of Affiliated Clubs at each Annual General Meeting.  The number of Council Members who shall come from each club shall be laid down in the Byelaws.   If, as a result of the election for Executive positions at the Annual General Meeting, there should be less Delegates left in an Affiliated Club, than the number required to be Council Members therefrom, such club shall be empowered to complete its permitted number of Council Members with persons who are non-Delegate Members of that Club, and such appointment shall be made by such Affiliated Club within twenty-one days from the date of the Annual General Meeting, if made at all, and shall be conveyed in writing to the Honorary Secretary.                                     

            

19.           COMPOSITION.   Council shall consist of the President, 2 Vice-Presidents, Honorary Secretary, Assistant Honorary Secretary, Honorary Treasurer, Assistant Honorary Treasurer and the Council Members.

         

20.                         CONDUCT OF COUNCIL MEETINGS.   At Council Meetings the President or in his absence a Vice-President, or in their absence an Executive or a Council Member selected by those present shall take the chair.  Every Executive and Council Member present shall be entitled to one vote upon every motion and in the case of equality of votes the Chairman shall have a casting vote.

 

21.           QUORUM.  The quorum for Council Meetings shall be half of those entitled to vote thereat.  Should there be no quorum at the start of a Council Meting, the meeting shall be adjourned for thirty minutes and shall then proceed in any event.

 

22.            POWERS OF DELEGATION.   Council shall have the power to create Committees whose members shall be elected at each Annual General Meting.  At least one of each Committee's members shall be a Council Member.  Each Committee shall elect a Chairman where required who shall be a Council Member.  In addition to elected Committee Members certain Executive may also sit on each Committee at such times as seem expedient to them during their term of office.  Details thereof shall be laid down in the Byelaws. Council shall have power to delegate to each Committee the administration of such matters as it deems expedient.  The composition and powers of each Committee shall be set out in the Byelaws.  

 

RULES.

 

23.              No Rule of the Association shall be altered or repealed and no new Rule shall be made save by a two-thirds majority of the Delegates present at a duly convened General Meeting, after which such alteration, repeal or new rule shall be presented to the Royal Court of the Island of Jersey for registration.

 

 

 

 

BYELAWS.

 

24.        Byelaws in order to regulate the Administration of the Association may be created, altered or repealed by a simple majority of the Delegates and Executive present at a duly convened General Meeting providing that they are not inconsistent with the Rules of the Association. 

 

 

EXPULSION.

 

25.         An Affiliated Club may be expelled from the Association once it has been found at a duly convened General Meeting (a) that it has not complied with the Rules of the Association or (b) that the conduct of its members in their capacity as members thereof is such as to bring the Association into disrepute or conflict with or be prejudicial to the objects of the Association or (c) that its rules are such as to bring the Association into disrepute or be prejudicial to the main objects of the Association.   Persons wishing to present such a charge shall notify the Honorary Secretary who shall present the question before the next Council Meeting where a decision shall be taken as to whether to proceed therewith.   If an Affiliated Club is to be so charged, the Honorary Secretary shall state such charge on the Agenda of the Notice convening the General Meeting.   At the General Meeting the Delegates from such Affiliated Club shall have the charge read out to them and they shall have an opportunity to reply to such charge, and the hearing of witnesses and the production of other evidence on both sides shall be permitted. When all statements and evidence have been given, the Chairman shall order a secret ballot to be taken, all Delegates present being entitled to vote with the exception of the persons charged and the person or persons making the charge.  If a two-thirds majority be in favour of expulsion, the Affiliated Club shall be declared expelled from the Association and shall not be permitted to apply for Affiliation for a period of twelve months thereafter.           

 

INDEMNITY.

 

26.                       Every Executive Council Member or servant of the Association shall be indemnified by the Association against all costs and losses as shall be deemed reasonable by Council to which he may become liable or may incur by reason of any act or default or thing done by him in the discharge of the business of the Association.

 

DISCLAIMER.

    

27.           The Association shall not be held responsible or liable in any action whether for negligence, breach of contract or otherwise brought in respect of damage or loss whether physical, mental, economic or otherwise caused by or at the premises of the Association or by its servants, agents or officials.

 

REPRESENTATION.

28.              An Executive or a Council Member duly authorised by a Resolution of the Association shall represent the Association in the Royal Court of Jersey and other tribunals for the purpose of any transaction in real estate, or otherwise, in accordance with the provisions of the law.

 

SEAL.

29.         The Association may authenticate its act by use of a Common Seal.  The Common Seal should be fixed to any document by two persons who are Executive or Council Members or either duly authorised in each and every instance by a Resolution of the Council such persons shall also sign every instrument to which the Seal of the Association is so fixed.

 

TRANSITIONAL POWERS.

 

30.                   Until the first Annual General Meeting of the Association following incorporation all powers of the Association shall be exercised by and vested in the Council of the unincorporate body known as "JERSEY BADMINTON ASSOCIATION"  as at present constituted.

DISSOLUTION

 

31.               A Resolution for the dissolution of the Association shall be approved at an Extraordinary General Meeting of all Delegates to the Association and shall be decided by a two-thirds majority thereof whether voting in person or by proxy.  Proxies shall be permitted and shall be lodged with the Honorary Secretary at least twenty-four hours previous to the meeting.  Such Resolution before it shall become effective shall be confirmed by a two-thirds majority of votes cast by the Delegates at a subsequent Extraordinary General Meeting convened for that purpose and held not less than one month nor more than three months thereafter.  The proceeds of the assets upon realisation after payment of all debts and liabilities shall be utilised for the furtherance of the game of badminton and/or any charitable purposes. 

 

INTERPRETATION.

 

32.              In these rules unless the context otherwise requires the following expressions shall have the following meanings thereby assigned to them respectively, that is to say:-

 

"The Association means the "JERSEY BADMINTON ASSOCIATION" as incorporated under the "Loi (1862 and 1963) sur les teneures eu fidei-commis et l'incorporation d'Associations".

 

"Affiliated Club" means a Badminton Club in Jersey affiliated to the Association in accordance with Rule 3 hereof.

 

"Life Member" means a person granted honorary Affiliation to the Association in accordance with Rule 5 hereof.

 

"Delegate" means a person nominated by an Affiliated Club to act as its representative at a General Meeting of the Association in accordance with Rule 12 hereof.

 

"Council" means the body composed of Executive and Council Members in the hands of which is the administration of the Association.

 

"Executive" means a person holding an Executive position i.e. is either President, Vice-President, Honorary Secretary, Assistant Honorary Secretary, Honorary Treasurer or Assistant Honorary Treasurer, who is entitled to sit upon Council and who is elected in accordance with Rule 17 hereof.

 

"Council Member" means a person not holding an Executive position who is entitled to sit upon Council and who is elected in accordance with Rule 18 hereof.

 

"Committee" means a body created by Council to carry out certain functions in respect of the administration of the Association in accordance with Rule 22 hereof.

 

"Byelaw" means a regulation established by General Meeting of the Association for the good administration of the Association in accordance with Rule 24 hereof.

 

"Servant" means a paid employee of the Association.

 

"Seal" means the Common Seal of the Association.

 

Words importing males shall include females.