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CHESSAM STATUTES
Sunday, 18 August 2019 07:19

CHESS ASSOCIATION OF MALAWI (CHESSAM) STATUTES
Adopted at the Annual General Meeting of CHESSAM held on the 26 th day of
August 2018



1. INTERPRETATION
In these Statutes, unless stated otherwise, or the context otherwise requires:

"Arbiters Commission" means a commission comprising of FIDE Arbiters in Malawi

"CHESSAM" means the Chess Association of Malawi;

"Council" means the Malawi National Council of Sports;

"Co-opted member" means a member appointed into the Executive Committee by the Executive Committee;

"Executive Board" means an organ of CHESSAM consisting of the President, Vice President Treasurer, General Secretary and Legal Advisor;

"Executive Committee" means an organ of CHESSAM consisting of all elected officials of CHESSAM, co-opted members, honorary members and ex-officio members;

"Ex Officio member" means a Chairperson of a League, Chairperson of the Trainers' Commission, Chairperson of the Arbiters Commission or their representatives;

"Federation Internationale des Echecs (FIDE)" means the world chess governing body;

"Honorary Member" means a member conferred honorary membership by the General Assembly;

"General Assembly" means the legislative arm of the CHESSAM consisting of members of the Executive Board, the Executive Committee, Ex-official members, Principal Officers of a League and Chairperson of a Zone;

"League" means a chess organization subordinated and affiliated to CHESSAM;"MOC" means Malawi Olympic Committee;

"Official" means a member of the Executive Board, the Executive Committee, a trainer, an arbiter or any person assigned by the Executive Board to perform the business of CHESSAM

"Principal Officer of a League" means the Chairperson, Secretary and Treasurer of a League;

"Trainers Commission" means a commission comprising of FIDE Trainers in Malawi;

"Zone" means a geographical area set by CHESSAM that is affiliated to a League.

2. STATUS

2.1. CHESSAM was founded in 1985 and is the only body recognized in Malawi to administer chess. CHESSAM is recognized by the Council as the supreme governing body of chess in Malawi.

2.2. CHESSAM is the only affiliate of the FIDE, the supreme governing body of Chess in the world and is an associate member of MOC.

2.3. CHESSAM’s Headquarters shall be in Lilongwe with the following address: Chess Association of Malawi, Private Bag 346, Capital City, Lilongwe 3, Malawi. CHESSAM may establish regional and district offices in any other part of Malawi.

2.4. CHESSAM shall exclusively be concerned with chess activities.

2.5. CHESSAM is democratically established and bases itself on principles of equal rights of its members. It rejects discriminatory treatment for national, political, racial, social, religious or gender reasons.

2.6. Chess is fully recognized as a sport by the Council and MOC. Any form ofpractice of the game of chess and any decision thereon by CHESSAM falls within the definition of the sport.

3.0 OBJECTIVES OF CHESSAM
3.1 To administer and regulate chess activities in Malawi through its Leagues and Zones.

3.2 To spread the educational benefits of chess in schools through clinics.

3.3 To organize a variety of competitions for the youths and adults regardless of ability or gender.

3.4 To organize training for players and CHESSAM officials.

3.5 To select players to represent Malawi in international chess games.

3.6 To promote, develop and exercise disciplinary control of chess in accordance with the laws of the game as published by FIDE.

3.7 To foster friendly relations with other national chess federations by promoting international chess games.

4.0 POWERS AND FUNCTIONS OF CHESSAM

CHESSAM shall have the following powers and functions:

(a) to receive money, gifts and donations of any kind from any organisation or person as beneficiaries or trustees;

(b) to purchase, lease, rent or acquire any property connected with the objectives of CHESSAM;

(c) to consider and where appropriate implement the decisions of FIDE;

(d) to invest in any kind of security, as the Executive Board shall deem;

(e) to raise money for the association;

(f) to make rules and regulations pertaining to chess and amend the same as and when it deems fit;

(g) to review and amend these Statutes as it deems fit;

(h) to dissolve a committee of any League or Zone;

(i) to develop and implement the association's strategic plan;

(j) to develop and implement principles for settling disputes and differences which may arise between or among Leagues, Zones and individual chess players;

(k) to provide subventions or funding to Leagues and Zones.

5.0 MEMBERS, THEIR RIGHTS & DUTIES

5.1 CHESSAM shall have the following membership;

(a) Leagues;

(b) qualified International Organizers,

(c) Members of the Arbiters Commission in Malawi;

(d) Members of the Trainers Commission in Malawi; and

(e) Honorary Members.

5.2 The General Assembly may admit any person to Honorary Membership if such person has rendered significant services to Chess.

5.3 Any other body or person may be admitted as member only by the General Assembly.

5.4 Application for membership shall be in writing addressed to ‘The President.’

5.5 The Executive Board may admit any body or person to membership provisionally. Full admittance to membership shall be made by the General Assembly.5.6 Each member shall on admission pay a registration fee set by the Executive Board

5.7 Each Member shall pay annual fees as set by the Executive Board from time to time.

5.8 Only players registered with a League shall be eligible to compete in any of the competitions organized by CHESSAM – be it club championship or individual championship.

5.9 Only a League registered with CHESSAM shall be allowed to conduct chess activities on behalf of CHESSAM.

5.10 All registered Members shall have membership cards developed by CHESSAM

5.11 All Members shall be bound by these Statutes, rules and regulations of CHESSAM.

5.12 The President, any member and any individual may be granted an Honourary Title for meritorious services rendered to CHESSAM by the General Assembly.
5.13 The Executive Committee and the General Assembly shall make nominations for such honorary Title.

5.14 All Members, except a member admitted provisionally, shall be eligible to attend and vote at a meeting of the General Assembly.

6.0 CHESSAM STRUCTURE

6.1 CHESSAM shall consist of the following organs;

(a) the General Assembly;

(b) the Executive Board; and

(c) the Executive Committee

6.2 The General Assembly

6.2.1 The General Assembly shall have the following powers and functions:

(a) to elect the office-bearers of the association;

(b) to consider and approve the annual reports;

(c) to make and amend these Statutes, Rules and Regulations of the association;

(d) to consider and decide any matter related to Chess;

(e) to take such other steps as may be necessary or expedient for carrying out the objects of the association;

(f) to frame Rules and Regulations for proper conduct of the functioning and administration of the association and the Leagues and Zones;

(g) to take disciplinary action against its members, the office bearers, officials and chess players recognized by the federation or of any recognized Members; and

(h) to do all such other things as may be necessary for the proper administration chess in Malawi.

6.3 The Executive Board

6.3.1 The Executive Board shall consist of the following;

(a) the President;

(b) the Vice President;

(c) the General Secretary;

(d) the Treasurer General; and

(e) the Legal Advisor

6.3.2 The Executive Board shall have the following powers and functions:

(a) to formulate policies and programmes for CHESSAM

(b) set up commissions and committees on an adhoc basis to undertake tasks and assignments specified by the Executive Board;

(c) To represent CHESSAM locally and internationally;

6.3.3 The Executive Board shall meet at least once every six (6) months. The meeting of the Executive Board may either be a physical meeting or a virtual meeting.

6.3.4 The quorum of any meeting of the Executive Board shall be three (3) members of the Executive Board

6.3.5 Members of the Executive Board shall hold office for a period of four (4) years and shall be eligible for re-election.

6.3.6 Duties of members of the Executive Board

(a) The President

(i) Shall provide overall leadership to CHESSAM.

(ii) Shall have the authority to make decisions on behalf of CHESSAM provided that such decisions (Contractual or other) are reported to the Executive Board at its next meeting. Shall preside over all meetings of the association.

(iii) Shall be the principal executive in sourcing funds to run the affairs of the association.

(iv) Shall be the addressee of all official communication to the association.

(v) Shall nominate team leaders to any competition either within or outside the country.

(vi) Shall be the association's delegate to FIDE Congress.

(vii)Shall have the power to nominate a maximum of three (3) players to participate in any tournament. Such nomination shall be approved by the Executive Committee.

(b) Vice President

(i) Shall preside over all meetings of the association when the President is not available.

(ii) Shall take the responsibilities of the president in the event that the President is outside the country or is the President is incapacitated.

(c) General Secretary

(i) Shall be the Chief Executive Officer of the association.

(ii) Shall take minutes at all meetings of the association and shall

distribute such minutes to all members present at such meetings.

(iii) Shall be responsible for soliciting and providing agendas for all meetings.

(iv) Shall maintain the asset register of the association

(v) Shall receive and record all mail directed to the Association and direct all mail to the President for appropriate action.

(vi) Shall be responsible for notifying members and organizing meetings for CHESSAM

(d) Treasurer General

(i) Shall handle all the financial matters of the association including preparation of budgets, midyear reports and annual accounts.

(ii) Shall be the principal signatory to the associations accounts

(iii) Shall be the principal advisor to the Executive Board on matters offinance including looking for possible sponsorship.

(iv) Shall be someone with working accounting knowledge

(e) The Legal Advisor

(i) Shall provide legal advice to the association.

(ii) Shall be responsible for reviewing and drafting legal documents and instruments of the association

6.4 The Executive Committee

6.4.1 The Executive Committee shall consist of the following:

(a) Members of the Executive Board;

(b) Ex - Official members;

(c) the Chairperson of the Arbiters Commission in Malawi;

(d) the Chairperson of the Trainers Commission in Malawi;

(e) the Technical Director;

(f) the Publicity Secretary;

(g) the National Schools Coordinator;

(h) the Ratings Officer;

(i) Honorary Members

(j) Committee Members; and

(k) Co-opted members;

6.4.2 Committee Members

(a) There shall be four elected Committee Members.

(b) Notwithstanding paragraph (a) above, in an event that the four Committee Members elected are of the same sex, the President shall have the power to appoint a fifth Committee Member who shall be of the opposite sex.

(c) The President shall report any appointment made under paragraph (b) above at the next AGM of CHESSAM.

6.4.3 The Executive Committee shall have the following powers and functions:

(a) to implement the objectives of CHESSAM;

(b) to implement the decisions of the General Assembly and the Executive Board;

(c) to manage or administer all the business and financial affairs and property of CHESSAM

(d) to perform any other function assigned to it by the General Assembly and the Executive Board;

(e) to make or give such interpretations of these Statutes as may be required or necessary;

(f) to recommend the approval of these Statutes, and any amendments thereto or Rules and Regulations there under to the to the General Assembly.

6.4.4 Duties and functions of the Technical Director, the Publicity Secretary, the National Schools Coordinator and the Ratings Officer

(a) The Technical Director
(i) Shall be the director of all tournaments organized by CHESSAM vested with responsibility to set the annual calendar, rules/regulations of the tournament, tournament venues and all related activities.

(ii) Shall be the custodian of all chess equipment (Boards, Chessclocks and tournament record sheets) to be used during tournaments and belonging to CHESSAM

(b) Publicity Secretary
(i) Shall be the spokesperson of the association on all matters involving CHESSAM upon consultation with the President.

(ii) Shall assist the Vice President in organizing and running of all tournaments organized by the association including provision of tournament rules and interpretation of the same.

(iii) Shall in the absence of GS take minutes assist the Secretary General in taking minutes at meetings at the General Assembly.

(iv) He shall assume the office of the Secretary General in an event that the latter is incapacitated or is unable to run his office due to one cause or the other.

(c) The National Schools Coordinator
(i) Shall be responsible for organizing and coordinating all national youth programs.

(ii) Shall be the link between CHESSAM and regional chess coordinators.

(iii) Shall be responsible for planning implementing and evaluating youth chess programs.

(iv)  Shall facilitate national training and coaching clinics.

(d) The Ratings Officer
(i) The Ratings Officer shall be appointed by the Executive Board.

(ii) The Ratings Officer shall

       (1) be responsible for liaising with FIDE on all matters relating to ratings;

       (2) calculate player ratings and make corrections on the rating with FIDE where necessary;

       (3) keep records and statistics of the progression of players.

7. ELECTIONS
7.1 Term of Office

   7.1.1 Members of the Executive Board, the Technical Director, the Publicity Secretary, the National Schools Coordinator and the Ratings Officer shall hold office for a period of four years and shall be eligible for re-election for one more term.

   7.1.2 A person may, after serving in office on a particular position for two consecutive terms, express interest to contest for election on another position either in the Executive Board or the Executive Committee

   7.1.3 A person shall, after serving in office on a particular position for two consecutive terms, be eligible to contest for election on the same position only after a break of one term.

7.2 The General Assembly shall elect the office bearers mentioned in Paragraph 7.1 into office at an AGM.

7.3 No person shall be eligible to hold an office in CHESSAM:

(a) if he has, within the last six (6) years, been convicted by a competent court of a crime which is punishable with imprisonment without an option of a fine;

(b) unless he has a minimum qualification of Malawi School Certificate of Education;

(c) unless he is an active member of a League or Zone or holds a position either in CHESSAM or a League.

7.4 Voting shall be by secret ballot

7.5 Voting by proxy shall not be allowed

7.6 A simple majority of the vote shall be required for:

    (a) any amendment to these Statutes;

    (b) amendment of an agenda of a meeting of the General Assembly

    (c) election into office

7.6. Candidates aspiring for any post shall declare their interests in writing to Council and copy to the General secretary at least 14 days prior to the AGM.

7.7. A candidate's expression of interest shall be seconded by another person at the AGM for the candidate to qualify for election.

7.8. The Secretary General shall post the names of all candidates on the door and inside the meeting room on the voting day.

7.6. The General Secretary shall call for additional nominations in cases where a position does not have aspirants. Such call for additional nominations shall be made at least two days before the day for elections.

7.7. In the event that at an AGM called for elections, a position has no candidates, the presiding officer may call for additional nominations for that particular position.
7.8. A candidate shall have the right to withdraw his candidature for election.

7.9. A candidate shall have the right to withdraw his candidature for a particular position and express interest to contest for another position provided that this is done not later than seven (7) days before the election.

7.10. No person shall compete for more than one position either in the Executive Boardor in the Executive Committee.
7.11. Elections for Leagues

All Leagues registered with CHESSAM shall hold elections on a date not later that 31 st October in an election year.

8. ANNUAL GENERAL MEETING (AGM)
8.1 The AGM shall be held not later than 31st day of August of each calendar year.

8.2 The AGM shall be attended by the General Assembly.

8.3 The Secretary General shall give notice of the AGM at least 28 calendar days prior to the date of the AGM stating the date, time, venue and agenda in writing to the affiliated leagues. He may also do so by placing the notice in at-least one of the popular daily newspapers at the time.

8.4 The ordinary agenda for the AGM shall be:

(a) President’s Welcome Address;

(b) Minutes of the previous AGM;

(c) Matters arising from the previous minutes;

(d) President’s Report;

(e) The Secretary General’s Report;

(f) Treasurer General’s Report;

(g) Where applicable, election of new office bearers.

8.5 The Council shall be the presiding office during an election.

9. EXTRA ORDINARY GENERAL MEETING
9.1 The President or any member of the Executive Board may call for an ExtraOrdinary General Meeting (EGM) of CHESSAM at any time.

9.2 The EGM shall be attended by those authorized to attend the AGM and shall exercise the same powers as the AGM except where such exercise is inconsistent with the provision of these Statutes.

9.3 A notice of the EGM shall be placed in at least one of the popular daily newspapers 14 days prior to the date of the meeting

10. MEETINGS
10.1 All meetings shall be called by the President.

10.2 The President shall preside over all meetings

10.3 A quorum shall be formed when 60% of the members are present

10.4 A meeting shall be called to order when the quorum has been formed

10.5 All meetings must start at the specified times on the specified dates at the specified venue. When the President is not available, the Vice President shall call the meeting to order and handover the seat upon arrival of the former. When both the President and the Vice President are late, the Executive Board shall select one of its member to preside over the meeting and proceed with the business of the day as laid down in the agenda.

10.6 If the quorum fails to be fulfilled during an Executive Board Meeting, the president shall have the liberty to act on behalf of the association without further consultations if he so desires.

10.7 The Executive Committee shall meet quarterly unless called for an extra – ordinary meeting.

10.8 There shall be no more than three extra – ordinary meetings in any one-year.

10.9 Voting during meetings where required shall be by show of hands unless agreed otherwise.10.10 The President shall have a casting vote in an event of a tie.

10.11 The executive committee shall fix the date and venue of the AGM and EGM.

11. FINANCES
11.1 CHESSAM shall maintain a bank account in the name of ‘CHESS ASSOCIATION OF MALAWI’ for its ordinary business at a bank determined by the Executive Board.

11.2 All withdrawals on the account shall be signed and countersigned by any two of the following with all cheques bearing at least one signature of category A.

Category A:

        Treasurer General

         President

Category B:

         Secretary General

         Vice President

11.3 The financial year for CHESSAM shall be from July to June (12 Months).

11.4 The budget and accounting will be based on the Malawi Kwacha.

11.5 The Treasure shall, each year at the AGM, present the financial report for approval by the General Assembly. The Treasure General shall circulate the financial report to all members 21 days before the AGM.

11.6 The General Secretary's report at the AGM shall include a calendar of events for the succeeding year.

11.7 CHESSAM revenues shall be generated through:

        (a) Membership fees

        (b) Entry fees for tournaments

        (c) Fees for services provided by CHESSAM11.8

        (d) Donations

        (e) Sponsorships

        (f) Subventions

        (g) Other revenues

11.8 The amount for membership and entry fees for tournaments shall be fixed by Executive Board from time to time.

11.9 Members who have not paid their membership fees by the time the AGM is being held, shall lose their vote and shall be charged 20% interest on their fee.

11.10 The Executive Board shall have the power to exclude any member who has not paid membership fees from CHESSAM events.

12. COMMISSIONS
12.1 For the accomplishment of certain tasks, the Executive Board may set up a commission which shall comprise not more than five (5) members.

12.2 The Chairman of any commission shall be appointed by the President.

12.3 The Vice President shall appoint the Chairman of a commission in cases where the commission is set to undertake any task which concerns the President.

13. VACANCIES

 
13.1 A position in CHESSAM shall become vacant if the holder thereof:

       (a) resigns;

       (b) dies;

       (c) has been absent from three consecutive meetings of CHESSAM, of which he has had prior notice, without a reasonable cause;

       (d) becomes, by reason of mental or physical infirmity, incapable of efficiently performing his duties;

       (e) is dismissed.
13.2

Filling of Vacancies

13.2.1 A vacancy shall be filled at the next AGM of the association.

13.2.2 The Executive Board may in the interim appoint any person to act on any position until the position is substantially filled at an AGM.

14. DISMISSAL FROM OFFICE
14.1 A person may be removed from office by a two thirds majority vote of the Executive Committee at a meeting called for that purpose.

14.2 The grounds upon which a person may be removed from office shall include:

   (a) conduct which is contrary to the text and spirit of these Statutes;

   (b) poor performance;

   (c) misconduct including conduct that brings disrepute to CHESSAM;

   (d) any other reason which in the opinion of the Executive Committee justifies the removal of the person from office.

14.3 Before being removed from office, a person shall be afforded an opportunity to defend himself before the Executive Committee.

15. RESIGNATION FROM OFFICE
15.1 Any person may resign from the association by giving a written notice to that effect to the Secretary General.

16. ETHICS
16.1 The game and concept of Chess is based on the assumption that everyoneinvolved observe existing rules and regulations and attaches the greatest importance to fair play and good sportsmanship.

16.2 In most cases, common sense will tell the participants the standards of behavior that is required.

16.3 A person shall be deemed to have breached The Code of Ethics where:

    (a) he directly or indirectly offers or attempts to offer or accepts any consideration or bribe with a view of influencing the result in a game of chess or election into CHESSAM;

    (b) he is guilty of fraud in administration of CHESSAM activities;

    (c) he cheats during games and tournaments;

    (d) he withdraws from a tournament without valid reasons or without informing the tournament organizers.

    (e) he is guilty of conduct likely to injure or discredit the reputation of CHESSAM

16.4 The association may fine a player or any person in breach of the Code of Ethics. The fine so charged as determined by the association shall be final.

16.5 During tournaments, the organizers may also forfeit a player’s game if the situation so demands.

16.6 Notwithstanding any provisions to the contrary in these Statutes, any dispute related to CHESS:

    (a) if not resolved by CHESSAM; or

    (b) where any person is aggrieved with a decision made by CHESSAM shall be referred shall be referred to the Council for arbitration.

17.MISCELANEOUS REGULATIONS

17.1 The official CHESSAM language shall be English.

17.2 These Statutes may be reviewed or amended by the General Assembly only upon proposal by the Executive Committee.

17.3 CHESSAM shall dissolve as soon as the number of members has been reduced to four (4).

17.4 CHESSAM may be dissolved CHESSAM may be dissolved by a decision of the General Assembly if at-least two thirds of the voting members express themselves in favor of the dissolution.

17.5 In the case of a dissolution under Paragraph 17.4 the General Assembly shall decide on the way forward.

17.6 Disputes arising during a game or tournament shall be resolved in accordance with the rules of play in existence at the time and with the tournaments regulations.

18. FINAL PROVISIONS
18.1 The Executive Committee shall settle any matter not provided for under these Statutes and its decision shall be final, .

18.2 No member of CHESSAM shall be held personally liable for any act done in the exercise of his or her official duties. CHESSAM shall indemnify any of its members or officials for any liability that may arise in the course of performance of their duties.

18.3 In an event of dissolution of CHESSAM, its funds and Assets shall not be distributed but shall be deposited with the Council for safe keeping with proper handover notes prepared by the last President of the Association until the re-establishment of CHESSAM.

19. ADOPTION AND RATIFICATION

These statutes were adopted by CHESAM General Assembly held on the 26 th day of August 2018.

These Statutes shall be effective from the 26th day of August 2018.

All the pages have been signed by the President and the General Secretary.

 
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