Constitution of the SBDIA
Hereinafter
referred to as "the association"
1.
TITLE
The
name and title of the Association shall be the Sodwana Bay Dive Industry
Association. The Association is a non profit association, and as such a legal
persona.
2.
PURPOSE
The
purpose of the association is to represent the dive operators and in general
promote the interest of its members.
3.
OBJECTIVES
The
main objective of the Association is to promote stakeholders in the industry for
the benefit of all people involved in the dive industry.
4.
MEMBERSHIP
Membership
of the Association shall be open to all commercial dive industry operators in
Sodwana Bay and subject to the rules laid down by the Association. Only one
member per company will be allowed to become a member.
5.
MEMBERS ADMISSION
Any
commercial dive industry operator will be admitted to the membership of the
Association with the fulfilment of the following:
Having
read and agreed with the rules laid down by the Association.
Having
paid his/her entry fees and all other fees payable on request.
6.
APPLICATION FOR MEMBERSHIP
Application
for membership will be in writing, accompanied by the membership fee. All
applications must be approved by the committee at the next committee meeting.
7.
VOTING
All
paid up members will have the right to vote at all general meetings. All
committee members will have one vote at committee meetings except the chairman
who also has a casting vote.
8.
SUBSCRIPTIONS
Membership
fees will be laid down by the Association committee and updated whenever it is
necessary. At the beginning of each financial year, which is the first day of
March and notice shall be sent to all members as a reminder that the fees have
become due. All paid up members shall be notified of any changes to membership
fees in writing by the committee at least twenty one days before the fees become
due and this will serve as notice that the fees have become due. Subscription
becomes due on the first day of March every year. New members will pay a
proportional membership fee. Membership and the privileges thereof are
exclusively for paid up members only.
9.
BEHAVIOUR AND EXPULSION
The
Association requires every member to act at all times in accordance with
generally
accepted
norms and standards of good behaviour. Any member shall be liable to expulsion
from the Association as a result of unethical behaviour, dishonesty, immoral
conduct, unbecoming behaviour or any other malpractice of any nature.
Disciplinary procedures can only start once an official complaint has been laid
with the committee in writing. The Committee will then consider the case and if
it is necessary appoint a sub committee made up of the chairman or treasurer,
secretary, D.o.T. liaison officer, KZN NCS. Liaison officer and two additional
members appointed by the Committee. This Committee will investigate the
complaint and make the necessary recommendations to the Committee. The sub
committee will give both parties the opportunity to present their side of the
situation at a time and venue that suits all concerned parties. After careful
consideration of all the events this Committee must decide on the action to be
taken, this decision must be taken with at least a two-thirds majority. Both
parties shall retain the right to appeal to the Committee. Any appeal must be
made in writing within fourteen days after receiving written notice of the
outcome of the decision.
10.
MANAGEMENT AND CONTROL (Administration)
The
day to day running of the Association shall be vested in the Committee
consisting of:
Chairman
Vice
Chairman
Secretary
Treasurer
KZN
NCS and D.o.T. Liaison Officers
Two
additional Committee Members
Only
one person from each company may be elected onto the committee. One alternate
per committee member by committee approval.
The
management and control of assets and affairs of the association shall be vested
in and governed by the committee. In the event of the Chairman being unable to
attend any meeting, the elected Vice-Chairman shall automatically fill his
place. The committee may co-opt as many additional members for any specific
reasons as it may deem necessary. The committee shall further have the right to
delegate powers and authority to individual members or Sub committees, and to
make and amend rules and regulations regarding the running of the association as
it from time to time deems necessary.
11.
DUTIES OF THE COMMITTEE
THE
CHAIRMAN
The
Chairman of the Committee shall be the administrative head of the association
and
preside
at all General and Committee meetings and will ex officio represent the
association in any proceedings, whether administrative or legal. The Chairman
shall have a casting as well as an ordinary vote.
THE
VICE CHAIRMAN
To
act as Chairman in the absence of the chairman.
THE
TREASURER
The
treasurer shall keep books of accounts to the satisfaction of the association,
reflecting the details of the income and expenditure of the association, its
assets and liabilities, and shall prepare the balance sheet and income and
expenditure accounts as at the 28 February in each year for the presentation,
duly audited, to the AGM of the association. Such books and accounts will be
open for inspection to any paid-up member.
THE
SECRETARY
The
secretary shall conduct all correspondence, issue all notices, keep minutes of
all meetings and keep a register of all members, their addresses, dates of
birth, and all the general administration and communication for the effective
running or the association.
KZN
NCS LIAISON
The
liaison person is to liase with KZN NCS , go to all KZN NCS meetings pertinent
to the Association and to problem solve, under direction and accordance of the
Committee with the KZN NCS. The liaison person must be accompanied by another
member and must take notes.
D.o.T.
AND DIVING LIAISON
The
DOT liaison person shall report and co-ordinate investigations of all incidents
or accidents where a member of the Association is involved. DCC, liaison to
report to the Association on any other incident or accident.
12.
VOTING AT MEETING AND QUORUM
Any
member will have one vote. A majority of one third of the paid up official
members plus one will form a quorum at the AGM and general meetings. A majority
of votes will be half plus one. Voting shall normally done by a show of hands,
but may be by ballot at the request of any paid up member present at the
meeting. Any absent member can vote by proxy for any point on the agenda. The
secretary should receive proxy votes no later than 48 hours before the meeting.
13.
ANNUAL GENERAL MEETING
The
AGM of the Association shall be held by no later than the 30 August of each
year. AGM to fall on the last Saturday of the month. The AGM will he held
separate from any other activity. 40% of the paid up members of the club will
constitute a quorum. If a quorum is not present at the start of the meeting the
meeting shall be postponed for one hour. Notice of the AGM shall be posted to
each paid up member no less than 21 days before such meetings. Such notice will
be accompanied by the agenda for the AGM. The agenda shall have at least the
following topics:
1.
Welcoming
2.
Apologies
3.
Personalia
4.
Minutes of previous meeting
5.
Chairman's report
6.
Committee's report
7.
Financial report
8.
General matters
9.
Selection of new committee
Notice
of a resolution to be proposed at the AGM must he lodged with the secretary in
writing, one month before the AGM
14.
SPECIAL GENERAL MEETINGS
A
Special General Meeting of members shall he called by the committee to discuss
any urgent matters that may arise from time to time. Notice and rules of such a
meeting shall be the same as for an AGM.
15.
THE BUSINESS OF THE ANNUAL GENERAL MEETING
To
receive the Chairman's report on the activities of the Association during the
previous year.
To
receive the Treasurer's report, audited balance sheet, income and expenditure
account as at 1st March each year.
To
elect the Chairman and Office bearers.
To
consider members resolutions.
To
attend to general business.
16.
COMMITTEE MEETINGS
The
Committee shall meet monthly or at least bi-monthly and on such other occasions,
as it may deem fit and necessary. Sixty percent of the members of the committee
shall form a quorum. Any member of the Committee absenting himself from three
consecutive committee meetings without having received leave of absence by
giving satisfactory reasons shall automatically cease to be a member of the
committee. The Committee will have the power to appoint a new committee member
17.
FUNDS (FINANCES)
The
funds of the Association shall be paid into a bank account opened specifically
for the Association. Withdrawals shall only be made upon completion of a
requisition signed by at least two members of the committee. The committee shall
appoint three members of the committee to have signing power on the Association
bank account; one of these members must be the Treasurer. At all times the
Treasurer is to sign and one of the additional appointed members.
18.
DISSOLUTION
Should
the Association be dissolved by resolution of two thirds of the paid up members
taken at the AGM or SGM any debts left by the Association will he settled by the
selling off of such assets as required and the members present at the meeting
should decide what is to be done with the rest of the assets.
19.
AMENDMENTS
Any
amendments to this constitution must be done in writing and signed by the
Chairman and Secretary after resolution by at least two thirds of those paid up
members present at the AGM
