(Note: This revised Constitution by the AGM on April 30, 2002 in Jiangmen, China, shall supersede all other revisions hitherto made thereto)
Article 1: ACRONYMS
1.1 For the purpose of this Constitution, the following acronyms shall apply:
ACBS -Asian Confederation of Billiards Sports
IBSF -International Federation of Billiards Sports
GAASF -General Association of Asian Sports Federations
OCA -Olympic Council of Asia
SEAGF -SEA Games Federation
IOC -International Olympic Committee
WCBS -World Confederation of Billiards Sports
APBU -Asian Pocket Billiards Union
ACBC -Asian Carom Billiards Confederation
NOC -National Olympic Committee
NSA -National Sport Association
ASF -Asian Sports Federation
AGM -Annual General Meeting
EGM -Extraordinary General Meeting
Article 2: NAME
2.1 This organisation shall be named the “Asian Confederation of Billiards Sports”, hereinafter referred to as the “Confederation” or bearing the acronym “ACBS”.
2.2 The ACBS is accredited by the OCA, the GAASF and the SEAGF as the ASF for their respective multi-sport games in Asia. It is duly represented on the Board of the IBSF, and, through the latter, directly or indirectly on the WCBS Board.
Article 3: REGISTERED OFFICE
3.1 The registered address of the Confederation shall be as designated by the Council. The correspondence address shall coincide with that of the office of the Secretary for the time being.
Article 4: LANGUAGE
4.1 The official language of the Confederation shall be in English.
Article 5: OBJECTS
5.1 The objects of the Confederation shall be:
5.1.1 to promote, foster, sanction and promulgate the game of “Billiards & Snooker” throughout Asia;
5.1.2 to advise NSAs on all aspects in organising “Billiards & Snooker” under ACBS competitions and conditions;
5.13 to foster friendly relationship among all NSAs so registered within or without the Confederation;
5.1.4 to co-operate with the WCBS, IBSF and any other international/regional organizations of the billiards sports for the common promotion thereof;
5.1.5 to become joint partners, sponsors, promoters and organizers for the sport;
5.1.6 to publish newsletters, journals, periodicals, and articles of common interest on the billiards sports;
5.1.7 to help promote pool and carom and to work closely with the APBU and ACBC for organising the billiards sports in multi-sport events within Asia; and
5.1.8 to do any such other things or matters that will further enhance the good image of the sport and/or the Confederation.
Article 6: THE COUNCIL
6.1 The organisation structure of the ACBS shall consist of the “Council”, duly represented by one (1) accredited delegate from each Country Member; four (4) elected Executive Officers comprising the President, Executive Vice-President, Secretary and Treasurer; and one(1) member each appointed by the Executive Officers to represent the Asian regions under East Asia, South-East Asia, South-West Asia and West Asia.
Article 7: THE EXECUTIVE BOARD
7.1 The Executive Board (hereafter referred to as the ”Board”) shall comprise the elected Executive Officers, namely, the President, Executive Vice-President, Secretary and Treasurer, together with one appointed regional representative of each Asian Region.
7.2 The Board shall exercise such administration powers that are consistent with and in conformity to the provisions of the Constitution.
Article 8: THE EXECUTIVE OFFICERS
8.1 The Executive Officers, elected at an AGM, shall comprise the President; Executive Vice-President, Secretary and Treasurer. They shall be in full charge of the day-to-day administration of the Confederation.
8.2 The Executive Officers shall be elected for a term of two (2) years at an AGM; each is eligible for re-election upon expiry. Every candidate for an elective office shall be nominated, duly proposed and seconded by a Country Member who is in benefit. At its first available opportunity, the Executive Officers shall appoint a representative from each of the 4 (four) Asian regions, who collectively with the elected Executive Officers, shall constitute the Executive Board.
8.3 Nomination for election of Executive Officers
8.3.1 A candidate standing for election and having been duly nominated, properly proposed and seconded, for any executive position shall be required to submit his written consent thereto, either by himself or by proxy, to the Secretary at least six (6) weeks before the AGM concerned.
8.3.2 Such a nomination shall be either proposed or seconded by his own Country Member, together with a brief resume of his track records of service hitherto rendered to the game and/or the ACBS, to be further supplemented by a brief manifesto of his service contributions, if elected. This submission so received by the Secretary shall be circulated to all Country Members at least four (4) weeks prior to the said AGM.
8.4 President
8.4.1 The President shall be the chief executive officer of the Confederation; he shall preside at all meetings of the ACBS and have a general supervision of the affairs thereof. He shall sign and countersign all certificates, vouchers and any outgoing cheques for payment on behalf of the ACBS. He shall submit a report to the Council at an AGM and perform such other duties incidental to his office or as are properly required of him by Council for due performance.
8.5 Executive Vice-President
8.5.1 The Executive Vice-President shall exercise such functions and duties of the President in the latter’s absence. He shall have such powers and shall discharge such responsibilities as may be assigned to him from time to time by the Council and/or the President.
8.6 Honorary Vice-President (Championship)
8.6.1 The Honorary Vice-President shall be the current president of a Country Member so entrusted with the responsibility to organise the Asian snooker championship for that year. He shall report to the Board from time to time the progress concerning the aforesaid organising.
8.6.2 His term of office shall commence from the date of appointment of his Country as host for the said championship till the conclusion thereof. He is required to summarize at the AGM any problems hitherto encountered therefrom for future improvements by subsequent hosts.
8.7 Secretary
8.7.1 The Secretary shall carry out such daily affairs of the Confederation and shall perform such duties as may be assigned/delegated thereto by the President and/or the Executive Board. The Secretary shall handle all correspondence, issue all notices of meetings, keep all minutes and hold custody thereof all records of the Confederation.
8.8 Treasurer
8.8.1 The Treasurer shall hold in trust all monies and securities of the Confederation and keep a good record on regular bookkeeping and accounts thereof. He shall disburse such funds in such manner as may be authorized for time to time by the President and/or the Executive Board or Council.
8.8.2 He shall prepare the annual audited accounts of the Confederation for circulation to all Country Members at least thirty(30) days before each AGM. He together with the Secretary and/or the President shall be the signatories of all authorized out-going cheques and telegraphic transmissions issued on behalf of the ACBS.
8.9 Vacancies
8.9.1 Any vacancy in office of the Confederation arising from whatever causes may be filled in such an acting capacity for the remaining term by appointment of the President in consultation with the Executive Board. Except in the case of the vacancy of the President, the new President shall be duly elected at the next AGM or by postal ballot under Article 13 herein. For the time being, the Executive Vice-President shall be the acting President of the ACBS.
8.10 Co-opted Officers
8.10.1 The President may, in consultation with the Executive Board, appoint such co-opted officers as the ACBS may deem necessary or expedient for the good running of the Confederation. Such co-opted officers shall hold office under such specific terms so determined therefor. Co-opted officers shall be entitled to attend an AGM or any other authorised meetings but shall have no voting rights therein, unless they are also the duly accredited delegates representing their own Country Members.
Article 9: ANNUAL GENERAL MEETING
9.1 The Council shall convene an AGM to coincide with its annual snooker championship, and any other such meetings as may be necessary.
9.2 Country Members and/or Executive Board members attending the said AGM shall be members who are in benefit in their annual subscription payments at the material time.
9.3 Six (6) weeks prior to the date fixed for the AGM, the Secretary shall issue a written notice thereof setting out the date, time and venue of the said meeting and the agenda containing, inter alia, the following listed business to be transacted thereat, including any motion hitherto received under the Constitution and necessitating decision thereof:
9.3.1 To read the notice convening the AGM;
9.3.2 To read and approve the minutes of the previous AGM or, if applicable, the minutes of other Council/Board meetings hitherto convened;
9.3.3 To receive the President’s report;
9.3.4 To receive the Annual Report from the Secretary;
9.3.5 To receive the Treasurer’s audited Statement of Accounts for the year ending December 31 preceding, and a current statement of accounts ending one (1) month preceding the said AGM;
9.3.6 To receive a report from the host Country Member on the on-going championship;
9.3.7 To elect, where applicable, the Executive Officers, whose term of office shall be biennial;
9.3.8 To decide on the next hosting Country Member for the Asian snooker championship, and, if available, two (2) other Country Members for subsequent hosts;
9.3.9 To decide on any circulated motion(s) for which a four (4) week notice has been duly given by the Secretary in advance; and
9.3.10 To conduct any other business.
9.4 : Quorum at Meetings
9.4.1 At an AGM, one-third of the total Country Members in benefit present shall constitute a quorum. At any other meetings, a simple majority thereof shall constitute the required quorum.
9.4.2 At all Executive Board Meetings, one half of the Board members present shall constitute the required quorum.
9.4.3 In the event of a quorum not being achieved at an AGM within one (1) hour after commencement time, the said AGM shall be declared null and void. Thereafter, if it is proceeded thereon by request from the floor, it shall remain null and void, save for the purpose of social gathering.
9.4.4 If the aforesaid AGM has been aborted due to lack of quorum, a fresh AGM, if necessary, may be convened, based on the same procedures, timetable and agenda as per the aborted AGM. If no quorum is further achieved at this re-convened AGM, it shall be proceeded therewith as constitutional, irrespective if there be a quorum achieved thereat or otherwise.
9.5 Voting
9.5.1 At an AGM, each Country Member is entitled to one (1) vote; Affiliate Members are not entitled to vote. Proxy votes are not allowed under whatever circumstances.
9.5.2 At an AGM, the Country Members present shall appoint a Returning Officer who shall not be a candidate standing for election and having no direct conflict of interest thereat, to oversee the election process. Two (2) other scrutiners may be appointed from the floor to assist in the said election process.
9.5.3 All votes cast at an AGM shall be duly counted. Voting shall be by secret ballot. Country Members, candidates, officers of the ACBS whose subscriptions are not in benefit at the material time shall not be entitled to vote or stand for election, as the case may be.
9.5.4 The chairman of the AGM shall have the casting vote on all issues in the event of a tie. An Executive Officer shall not be entitled to vote, unless he is similarly the duly accredited delegate representing his own Country Member thereat.
9.5.5 Save on matters relating expressly to Articles 10, 11.6, 13 and 15 herein, all other matters requiring voting shall be decided thereupon by a simple majority of votes either by a show of hands or as expressly required by the floor for secret balloting.
Article 10: EXTRAORDINARY GNERAL MEETING
10.1 For the purpose of calling an EGM, all procedures relating to the conduct of an AGM shall equally apply herewith, save that the said agenda so circulated and the proceedings conducted thereof, shall explicitly be confined to the said motion(s) contained therein.
Article 11: MEMBERSHIP
11.1 Country Member
11.1.1 A Country Member shall mean a NSA duly accredited by its NOC, or its equivalent, for the “Billiards & Snooker” or any other disciplines of the billiards sport or an accredited delegate attending the AGM/EGM of the Confederation.
11.2 Affiliate Member
11.2.1 A NSA not yet accredited to its NOC or a person or a trade organisation having substantial dealings with the billiards sports, may apply to be an Affiliate member of the ACBS.
11.2.2 Affiliate Members shall have the rights to attend the AGM/EGM, as observers, but they posses no voting rights or hold any office of the ACBS.
11.3 The acceptance of membership by the ACBS is governed by a majority decision of the Executive Board or of the Council, whichever is applicable, made either at an AGM or by postal ballot under Article 13 herein, provided always that the said Country Member so accepted shall:
11.3.1 be accredited as the NSA for the billiards sports by its NOC or by any other similar government agency;
11.3.2 possess a constitution, by-laws, rules & regulations that are in general compliance with the aims and objects of the Confederation;
11.3.3 pay the entrance and subscription fees as prescribed;
11.3.4 undertake to abide by the ACBS Constitution & By-laws;
11.3.5 uphold the image, integrity and ethics of the Confederation;
11.3.6 abide by all the rules & regulations so issued by the ACBS from time to time; and
11.3.7 participate, whenever possible, in its AGM, annual competition and/or any other competitions so sanctioned by the ACBS.
11.4 ACBS Jurisdiction in Membership
11.4.1 Nothwithstanding the aforesaid, in the event of an indecision arising from the aforesaid, the ACBS shall remain the sole judge and authority in the acceptance of its memberships.
11.5 Application Procedures
11.5.1 Intending applicants shall complete on the prescribed application forms and submit same to the Secretary, together with the relevant fees, a copy of its constitution, its registration certificate and/or any other documentary evidence in support of its accreditation status by its NOC.
11.6 Resignations
11.6.1 A Country Member or an Affiliate Member not in breach of its membership obligations, may resign therefrom the ACBS, in good standing by giving one (1) month due written notice to the Secretary.
11.6.2 Any Country Member whose membership has been terminated due to non-payment of membership subscriptions may apply for reinstatement, which approval is subject to the pleasure of the ACBS and, if so approved, it is further subject to payment of arrears and any applicable administration charges so incurred therefrom.
11.7 Suspension and Expulsion of Members
11.7.1 A Country Member or an Affiliate Member may be suspended from ACBS membership, if it fails to pay its annual dues or charges, for two (2) successive years.
11.7.2 A Country Member or an Affiliate Member may likewise be expelled from ACBS membership, if it is found acting willfully in an ignominious manner that is prejudicial or detrimental to the fundamental interest of the Confederation, or that it has brought disrepute thereto.
11.7.3 Notwithstanding the aforesaid, prior to any such expulsion being taken against the defaulting Country Member, the Executive Board shall appoint an investigating committee to investigate into the said matter, which proceedings shall accord an equal opportunity to the accused to enter its defence.
11.7.4 After due investigation, if the said Member is found guilty for the breach that warranted its expulsion, the Secretary shall issue a written notice thereof to the said effect, with copies to be circulated to all Country Members. Such a decision shall be duly ratified at the next AGM.
11.8 Reinstatement
11.8.1 Any Country Member so suspended or expelled may apply for membership reinstatement, after a lapse of six (6) months thereof, which reinstatement, with or without conditions, shall be by decision of the Executive Board, duly ratified at the next AGM.
Article 12: SUB-COMMITTEES
12.1 For effective management, the Executive Board is empowered to appoint standing committees, sub-committees and ad hoc committees to act on specific functions so delegated thereto.
12.2 The respective chairman of such committees shall preferably be an Executive Board Member. And any such committee may be dispensed off after having discharged its specified duties and functions or, in the alternative, be reinstated to function afresh, should the need arise. Each sub-committee is allowed to co-opt additional members therein as it deems fit.
12.3 The Executive Board shall appoint Ad hoc committees as required.
Article 13: ACTION WITHOUT MEETING
13.1 In case of emergency, any matter within the jurisdiction of the Executive Board, save that concerning proposed amendments to the Constitution, may be acted thereupon by postal ballot. In such an event, at least six (6) weeks written prior notice shall have been given by the Secretary to each Country Member, setting forth the matters expressly required to be decided thereupon by postal voting.
13.2 If, after the expiry of the aforesaid six (6) weeks, no reply is forthcoming from a Country Member, it is deemed that the said Country Member shall abstain from voting and, in which case, its vote shall be counted as absentee vote.
13.3 Two (2) days immediately after the aforesaid decision, the Secretary shall inform all Country Members in writing of the result thereof. A simple majority in votes, discounting the aforesaid absentee votes, shall carry the said motion.
Article 14: FINANCE
14.1 Dues and Fees
14.1.1 The amount of subscription fees and any other payments and the mode of payment connected therewith from Country Members shall be determined from time to time by the Council based on recommendation of the Board.
14.2 Funds
14.2.2 The funds of the Confederation shall be deposited by the Treasurer into such bank(s) of the ACBS as may be recommended by the Executive Board and duly ratified by Council.
14.2.3 Outgoing payments shall be duly authorized by the Executive Board.
Article 15: AMENDMENTS OF CONSTITUTION
15.1 Any proposed amendments to the Constitution shall be properly proposed and seconded by the Country Members concerned, with the details thereof to be circulated by the Secretary in advance for an AGM/EGM, as per the Constitution.
15.2 Such a motion shall be sent to the Secretary by the proposer concerned at least ten (10) weeks prior to the aforesaid AGM/EGM. On receiving the same, the Secretary shall forthwith circulate the said motion to all Country Members at least six (6) weeks before the said AGM/EGM. Such proposed amendments shall be duly adopted at the said AGM/EGM, if they are voted in favour thereupon by a two-thirds majority of votes of all Country Members.
Article 16: PATRONS
16.1 The Confederation may by unanimous decision grant the title of Patron to any person or persons or billiards trade organisation in due recognition of the meritorious contributions made towards the billiards sport and/or the Confederation. Prior consent of acceptance by the said nominee shall be sought therefrom by the Executive Board.
Article17: BY-LAWS
17.1 The Executive Board is empowered to enact by-laws for the proper running of the Confederation made pursuant to the Constitution. It is further empowered to repeal, amend or add further provisions thereto as necessary from time to time.
17.2 Any said changes to the by-laws as adopted by the Executive Board shall be circulated to all Country Members, giving notice thereto that after a further lapse of two (2) weeks thereof, such changes shall take immediate effect for adoption.
Article 18: WINDING UP
18.1 If, at any time, Country Members by unanimous decision agree to wind up the Confederation, the nett assets thereof, if any, shall be distributed in such a manner as the Confederation at an EGM so especially convened therefor shall decide.
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