MBA Constitution & By-Laws

CONSTITUTION OF MIZORAM BADMINTON ASSOCIATION

Registration No. 13 of 1981 Under Societies Act XXI of 1860

(Affiliated to Badminton Association of India)

CHAPTER 1

PRELIMINARY

1 Short title and extent:

(1) This constitution may be called The Constitution of Mizoram Badminton Association

(2) It shall extend to the whole of Mizoram.

2. Definiton: In this constitution, unless the context otherwise requires:-

(a) Every reference in these rules to the masculine gender includes the feminine gender and also reference in singular includes the plural as well.

(b) “Association’ shall mean the Badmintion Association in Mizoram in general.

(d) ‘BAI’ means the Badminton Association of India.

(e) ‘Club’ shall mean the badminton club affiliated to DBA.

(f) ‘DBA’ shall mean all affiliated District Badminton Association.

(g) ‘Executive Committee’ shall mean the Executive Committee of the Association.

(h) ‘General body’ shall mean the General Council of the Association.

(i) ‘MBA’ shall mean Mizoram Badminton Association.

(j) ‘Member’ shall mean a member of the association.

(k) ‘Registered player’ shall mean any badminton player registered with the Association.

(l) ‘Rules’ shall mean the rules, regulations and by-laws of the Association for the time being in force.

(m) ‘State’ shall mean the State of Mizoram

3. Aims and Objects: The aims and objects of the Mizoram Badminton Association shall be:

(i) To encourage, standardize, control, promote and develop the game of badminton in Mizoram especially by organizing coaching, tournaments and exhibition games amongst schools, colleges, universities through and by affiliated organizations, on an amateur basis for men, women, boys and girls.

(ii) To maintain general control of Badminton in Mizoram particularly with reference to the rules and regulations for the conduct of the game.

(iii) To act as the accredited authority of all the affiliated organizations in matter of common interest as its Central State Level Organization.

(iv) To co-ordinate District and Club activities in respect of Badminton in all ways, including holding of inter-district tournaments, organising State Championship tournaments and or other tournaments or matches.

(v) To receive grants-in-aid and funds for the purpose of the Association and employ the same in such a manner as may be considered desirable for the Association.

(vi) To inculcate the spirit of friendship and brotherhood through the game of Badminton amongst the players.

(vii) To hold umpire examinations and clinics for State level umpires for practical examination at National level for promotion to National Umpires as per BAI rules.

(viii) To do all such other to activate and impliment things as may seem to the association necessary and conducive to the carrying on the aims and objects of the Association.

3. Language: The official language of the Association shall be English and Mizo.

4. Official Year: The official year of the association shall be from 1st April of a current year to 31st March of the following year.

CHAPTER II

MEMBERSHIP & REGISTRATION

5. (1) Any individual residing in Mizoram who has genuine interest in the game of badminton as player or promoter shall be eligible as member.

(2) Such individual shall apply for membership in a prescribed form (Form I) for enrolment to a club of his/her choice by paying such amount of fees as prescribed by the Executive Committee of the Club.

(3) Club membership shall be only for a period of one year.

(4) A member shall continue to be a member of the club if he pays annual renewal fees as prescribed by the Club. No contract letter or forms shall be required for renewal of member.

(5) No individual members shall directly be enrolled by the DBA and MBA.

(6) No individual shall be a member of more than one clubs.

(6) (a) An individual can be considered as temporary member of the club if he so desires and if and only if he resides within the jurisdiction of different DBA other than his original DBA due to his transfer and posting associated with his jobs for such period of his stay.

(6) (b) A temporary member shall enjoy such rights including contesting the election as member within the jurisdiction of the DBA only if the Executive Committee of the concerned DBA agrees.

(6) (c) A temporary member shall represent only his original club and DBA in all state level tournaments approved by MBA.

(7) (a) A member is eligible for transfer to any club of his choice. The club shall not have any rights to keep him for such period longer than the player desires.

(7)(b) Transfer of membership shall be done within the month of April every year unless otherwise specified by the Executive Committee of MBA due to unavoidable circumstances. Application for Transfer or membership shall be done in a prescribed format only. (Form II)

6. (1) The MBA shall maintain a system of registration of players for its members.

(2) Any member shall be eligible for registration only with prior consent from the concerned DBA

(3) Each registered player shall be issued an unique identification (ID) number.

(4) Only the registered player shall be allowed to participate in any of the state level tournaments approved by the MBA.

CHAPTER III

CONSTITUTION OF THE ASSOCIATION

7. The Mizoram Badminton Association shall have three tiers administrative system such as Badminton Club, District Badminton Association and Mizoram Badminton Association.

7.1 CLUB:

1) Club shall be the smallest unit of the association formed by a group of individuals.

2) There shall not be any geographical demarcation as to the eligibility of individual to be a member of the club.

3) Club shall apply for affiliation to the concerned District Badminton Association. Such application shall be sent to the General Secretary of the DBA.The acceptance or rejection of such application shall rest with the Executive Committee of the DBA. A club whose application is rejected may appeal to the General Body of the DBA. The amount of affiliation fee may be refunded in the event of the application being rejected.

4) The registered club shall pay an annual fee of such amount as prescribed by the Executive Committee of DBA.

5) Office bearers: The club shall have the following office bearers

President - 1 no

Vice President - 1 no

Secretary - 1 no

Asst. Secretary - 1 no

Finance Secretary - 1 no

Treasurer - 1 no

6) Executive Committee: The Executive Committee of the Club shall comprise of the followings-

a) Office Bearers

b) Executive Committee members, as appointed by the Office bearers.

c) Office bearers of District Badminton Association who are members of the club, if any.

d) Office bearers of Mizoram Badminton Association who are members of the club, if any.

e) Advisers, as appointed by the Office Bearers of the Club, if any.

f) Patrons, as appointed by the Office Bearers of the Club, if any.

7.2 DISTRICT BADMINTON ASSOCIATION:

1) There shall be one District Badminton Association within a political district of the state and or as demarcated by the General Body of the MBA.

2) DBA shall apply for affiliation to the Mizoram Badminton Association. Such application shall be sent to the Honorary Secretary of the MBA. The acceptance or rejection of such application shall rest with the Executive Committee of the MBA. A club whose application is rejected may appeal to the General Body of the MBA. The amount of affiliation fee may be refunded in the event of the application being rejected.

3) The affiliated DBA shall pay annual fees of such amount as prescribed by the Executive Committee of MBA.

4) Office bearers: The DBA shall have the following office bearers

President - 1 no

Vice Presidents - 2 no

General Secretary - 1 no

Asst Secretary - 1 no

Finance Secretary - 1 no

Treasurer - 1 no

5) Executive Committee: The Executive Committee of the DBA shall comprise of the followings-

a) Office Bearers

b) Executive Committee members, as appointed by the Office bearers.

c) Office bearers of Mizoram Badminton Association who are within the jurisdiction of the DBA, if any.

d) Advisers, as appointed by the Office Bearers of the DBA, if any.

e) Patrons, as appointed by the Office Bearers of the DBA, if any.

7.3 MIZORAM BADMINTON ASSOCIATION:

1) The Mizoram Badminton Association shall be the apex body of badminton in Mizoram.

2) The MBA shall get affiliated to Badminton Association of India.

3) Office bearers: The MBA shall have the following office bearers

President - 1 no

Senior Vice President - 1 no

Vice Presidents - 5 nos

Honorary Secretary - 1 no

Honorary Joint Secretaries - 2 no

Finance Secretary - 1 no

Treasurer - 1 no

4) Executive Committee: The Executive Committee of the MBA shall comprise of the followings-

a) Office Bearers

b) Executive Committee members, as appointed by the Office bearers.

c) Advisers, as appointed by the Office Bearers of the MBA, if any.

d) Chief Patron/Patrons, as appointed by the Office Bearers of the MBA, if any.

e) All Chairmen and Secretaries of Sub Committees constituted by the Executive Committee.

CHAPTER IV

ELECTION

8. All elections to the Office Bearers shall be held from time to time at regular intervals but positively within thirty calendar days from the date of expiry of the term of an existing Executive Committee.

9. Election shall be held by secrect ballot only. The Presidents shall have the right of casting vote whenever required.

10. Immediately after the declaration of result of the election, formal handing over of the charge of the respective officers of the office bearers shall take within seven (7) days.

Only after the completion of the process of handing over and taking over the charge, the new office bearers shall be deemed to have duly entered the office in their respective capacities.

In case of failure on the part of any outgoing office bearer to hand over the charge to his successor within a week as required under this rule, he shall be deemed to have ceased to function any more in his/her respective capacity and it will suffice for his successor to take over the office after filing a joining report.

Provided that in case of such failure or omission on the part of an Office Bearer dealing with cash and accounts, his liability to submit the up-to date cash and accounts shall continue, and the new Executive Committee shall secure the cash and accounts even after he vacates his office, as per the prevailing law.

11. Election of all Office Bearers shall be held as follows:-

11.1 CLUB:

(a) Election of the Office Bearers of the Club shall be held every year at such time and place and such manner as decided by the Executive Committee.

(b) All members of the club shall have voting rights.

(d) All Office Bearers shall be eligible for re-election.

(e) The list of all elected Office Bearers and appointed Executive Committee members shall be submitted to the concerned DBA.

11.2 DBA:

(a) Election of the Office Bearers of the DBA shall be held every two years at such time and place and such manner as decided by the Executive Committee.

(b) All members of the Executive Committee and two representatives each from the affiliated Clubs as appointed by the Executive Committee of the respective Clubs shall have voting rights.

(d) The Office Bearers shall not hold the same post of the office for more than two consecutive terms.

(e) The list of all elected Office Bearers and appointed Executive Committee members shall be submitted to the concerned DBA.

11.3 MBA:

(a) Election of the Office Bearers of the MBA shall be held every two years at such time and place and such manner as decided by the Executive Committee.

(b) All members of the Executive Committee and four representatives each from the affiliated DBAs as appointed by the Executive Committee of the respective DBA shall have voting rights.

(d) The Office Bearers shall not hold the same post of the office for more than two consecutive terms.

CHAPTER V

POWERS AND DUTIES OF THE OFFICE BEARERS

12 The elected Office Bearer may call Office Bearers’ (OB) Meeting as and when deemed necessary and in case of emergency or as directed by the Executive Committee. The resolution of the Office Bearer Meeting shall be reported in the first meeting of Executive Committee thereafter.

12.1 President:

(i) The President shall be the head of the Associations and Clubs. He shall be responsible for the smooth functioning of the Association/Club.

(ii) He shall convene and preside over all the meeting of the General body and of the Executive Committee.

(iii) He shall represent the Association/Club whenever necessary. He shall have financial power to the extent delegated to him by the Executive Committee.

12.2 Senior Vice President: In the absence of the President, he shall chair all the meetings and he shall exercise all the powers of the President.

12.3 Vice Presidents: In the absence of the President (and the Senior Vice President for that matter), the Vice President shall exercise all the powers of the President. In case where there are more than one Vice Presidents, the Executive Committee may elect one among the Vice Presidents.

12.4 Honorary Secretary/General Secretary/Secretary:

(i) He shall carry on correspondences on behalf of the Association/ Club and give effect to the regulating of the General Body and or the Executive Committee. He shall be responsible for the maintenance of the other records or register as well as the custody of all papers of the Association/clubs and for carrying out other duties that may be assigned to him.

(ii) He shall cause minutes of the General Body and or the Executive Committee meetings of the Association/clubs to be correctly recorded, confirmed and kept including the reports of all sub-committees.

(iii) He shall convene the General Body and or the Executive Committee meeting whenever desired by the President with sufficient time of notice to the members.

(iv) He shall prepare and submit annual report on the activities of the Association/club.

(v) He shall have financial power to the extent delegated to him by the Executive Committee.

12.5 Honorary Joint Secretaries/Asst General Secretary/ Asst. Secretary: They shall assist the Honorary Secretary/General Secretary/Secretary in the discharge of his duties and perform such other duties as may be entrusted to them from time to time by the Executive Committee. In the absence of Honorary Secretary/General Secretary, one of the Honorary Joint Secretaries/Asst General Secretaries shall be elected and he shall exercise all the duties and functions of the Honorary Secretary/ General Secretary/Secretary.

12.6 Finance Secretary:

(i) He shall receive all the cash and disbursed it to the Treasurer.

(ii) He shall exercise general supervision over the funds of the Association and inform the Executive Committee as regard of its financial policy.

(iii) He shall collect all fees, dues and donations payable to the Association and keep a regular account of receipts and disbursements.

12.7 Treasurer:

(i) He shall be responsible for all money disbursed and received by the Association through the Finance Secretary from whatever sources derived, shall issue receipt for the same on the official form.

(ii) He shall report to the Executive Committee a statement of the receipts and expenditures, the balance sheet as audited and the financial estimates.

(iii) He shall pay all bills certified by the Honorary Secretary/ General Secretary/ Secretary.

CHAPTER VI

POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE

13 The Executive Committees shall exercise the following powers:

13.1 CLUB:

1) to maintain and manage the affairs of the Club.

2) to sanction and control of all expenditures.

3) to fix the amount of membership fees and annual fees.

4) to appoint and create Sub-Committees as the committee deems necessary.

5) to frame rules and guidelines of the club in accordance with and not repugnant to the memorandum of the association.

6) to take disciplinary action including imposition of penalties for violation of rules of the Association and of the clubs by any members on its own accord or at the behest of the DBA and or MBA for that matter.

7) to accept or reject the resignation submitted by any of the members of the Executive Committee.

8) to appoint any persons amongst themselves to fill up the vacant post of elected Office Bearers or Executive Members which are fallen vacant for any reasons before the expiry of their terms.

9) to cause to audit the accounts of the clubs and to appoint auditors as it deemed necessary.

13.2 DBA:

1) to maintain and manage the affairs of the DBA.

2) to sanction and control of all expenditures.

3) to fix the amount of affiliation fees and annual fees to be paid by Clubs.

4) to appoint and create Sub-Committees as the it deems necessary.

5) to frame rules and guidelines of the DBA in accordance with and not repugnant to the memorandum of the association.

6) to take disciplinary action including imposition of penalties for violation of rules of the Association by any affiliated clubs on its own accord or at the behest of the MBA.

7) to accept or reject the resignation submitted by any clubs and by any members of the Executive Committee.

8) to appoint any persons amongst themselves to fill up the vacant post of elected Office Bearers or Executive Members which are fallen vacant for any reasons before the expiry of their terms.

9) to cause to audit the accounts of the clubs and to appoint auditors as it deems necessary.

13.3 MBA:

1) To manage all affairs of the Association within the provision of the constitution and regulation and the by-laws.

2) to sanction and control all expenditures in accordance with the budget approved by the General Body and shall generally supervise and conduct the business of the Association.

3) to entertain and address such issues and agenda submitted by the DBA.

4) to hear and decide all questions, complaints and appeals submitted by the DBA and to refer to the General Body such appeal(s) made against the decision so taken.

5) to occupy such building for office on payment of rents and to employ office staff for the smooth working of the Association and to fix their remunerations and terms of service.

6) to appoint and create Sub-Committees as the committee deems necessary.

However, for the better functioning of the Association, the President and/or Honorary Secretary of the Association shall be ‘Ex-officio Members’ at all times for all the committees/sub committees constituted by the Executive Committee.

7) to frame by-laws in accordance with and not repugnant to the memorandum of the association.

8) to print, publish and circulate rules and any periodical or leaflet for the promotion of the objects of the Association.

9) to impose and enforce penalties for violation of rules of the Association by any affiliated DBA or its registered players.

10) to direct the affiliated DBA for taking necessary displinary action on the clubs and individuals who violates the constitution, by-laws and rules & regulations.

11) to accept or reject the resignation submitted by any affiliated DBA and by any memberds of the Executive Committee.

12) to issue registration number to the registered players and maintain proper list.

13) to build and maintain web site.

14) to appoint any person(s) amongst themselves to fill up the vacant post of elected Office Bearers or Executive Members for the remainder of the term.

15) to open and maintain joint account(s) by Honorary Secretary, Financial Secretary and Treasurer in the name of the Asociation. (Any two of the signatories shall operate the account).

16) to cause to audit the accounts by chartered accountant.

CHAPTER VII

GENERAL BODY

14 The MBA shall hold the General body meeting annually.

14.1 Composition: The General Body will comprise of:-

(i) All Office Bearers, Advisers and Patrons.

(ii) All Executive Committee members

(iii) Four representatives each from amongst the members of the Executive Committee of each affiliated DBAs.

(iv) All Chairmen and Secretaries of the Sub Committees appointed by the Executive Committee.

14.2 Functions and powers of General Body:

(i) To elect the Office Bearers of the Association every two years.

(ii) To pass the Budget Estimate and Tournament Calendar of the Association.

(iii) To adopt the annual report submitted by the Executive Committee.

(iv) To pass the audited statement of accounts.

(v) To hold control and administer the property and funds of the Association.

(vi) To make and amend constitution, by-laws and rules of the Association as and when considered necessary.

(vii) To consider and decide matters not covered by the rules.

(viii) To take other steps as may be necessary or expedient to carry into effect the object of the Association.

(ix) To approve any resolutions, amendments or alterations in any rule as passed and approved by the Executive Committee.

(x) to abolish or alter the power and jurisdiction of the existing affiliated units and simultaneously to create new organizations such as Urban or Rural District, Zonal, Block, Institution, Department, City Council Level, Association etc. to be affiliated directly to the Mizoram Badminton Association in order to suit the changing administrative system of the state as well as the introduction of new policy and working pattern of development of games and sport within the State.

(xi) To demarcate and alter areas of DBA as it deems necessary.

CHAPTER VIII

DISCIPLINARY ACTIONS

15 Expulsion or suspension:

15.1 If an affiliated DBA or clubs or a registered member or an individual directly or indirectly connected with the Association refuses or neglects to comply with any provision of the statutes or is guilty of any misconduct deemed to affect the character or stability or interest of the Association, such person or organization shall be liable to expulsion/suspension or any other appropriate action, for such periods as the Executive Committee deems fit. The Executive Committee of MBA or DBA for that matter can directly take necessary actions, or at times refer the case to the respective District Association and or Clubs for necessary action where the organization or persons in question is affiliated to.

Provided that at least 14 (fourteen) days prior notice shall be given.

Provided further that an opportunity is given to the organization or individual for giving orally or in writing, any explanation or defense he may think fit before the Executive Committee Meeting.

15.2 On the adoption of such resolution the person or organization shall not have any claim against the Association/Club.

16 Re-admission: The association, club or individual so expelled or suspended may be re-admitted by the Executive Committee if the amount of the subscription dues be paid.

CHAPTER IX

MISCELLANEOUS

17 Quorum:

1) One third of the members shall form a quorum in any meetings.

2) If there is no quorum, the meeting shall stand adjourned to the next convenient day. No quorum shall be necessary at this adjourned meeting.

18 Adjournment: Except for want of quorum, no meeting of the General Body or Executive Committee, once held, shall be adjourned unless two-thirds of the members present ask for the adjournment.

19 Amendment

19.1 No amendment or addition of the rules in the constitution shall be made except at a General Body meeting by a resolution carried by a majority of least two-thirds of the votes of the members of the meeting or by circulation amongst the members of the General Body who have given their approval in writing. Any amendment of the alteration or addition so made shall take effect immediately, unless the meeting shall decide otherwise.

19.2 Proposal for any changes in these rules must reach the HonorarySecretary at least 15 days before the General Body Meeting at which they are to be considered. All such proposal shall be circulated to all those who have a right to attend the meeting as a part of the agenda for such meeting.

19.3 The Executive Committee may make amendments, if and only if the General Body Meeting authorised it. However, such amendments should be circulated to all affiliated District Associations before the next General Body Meeting.

20 Dissolution:

1) The association shall not be dissolved unless decided upon by a resolution passed in General Body meeting convened particularly for the purpose by a majority of three-fourths of its members present and entitled to vote. At least thirty days clear notice should be given for such meetings along with the copy of the resolution pertaining thereof.

2) In the event of dissolution, any assets or property whatsoever that may remain after satisfying all debts and liabilities shall be handed over to the Mizoram State Sports Council or any other agency appointed by the Government of Mizoram.

21 Residuary powers: All residuary powers not specifically mentioned or included here shall vest in the Executive Committee.

22 Mandatory: Rules and regulations of the Badminton Association of India and guidelines of Government through Badminton Association of India issued from time to time shall be automatically part of the Constitution.