Constitution

MAHARASHTRA OLYMPIC ASSOCIATION
(Affiliated to Indian Olympic Association)

I) NAME : The name of the association shall be “Maharashtra Olympic Association ” (Herein after referred to as the “M.O.A” or “Maharashtra Olympic Association)

II) JURISDICTION: The Maharashtra Olympic Association (Maharashtra Olympic Association) is a non-governmental, not-for-profit organization, of unlimited duration, which exercises its jurisdiction over the whole territory of Maharashtra as defined in the Indian Constitution from time to time.

III) HEADQUARTERS: The registered office of the Association shall be Maharashtra Olympic Association. In Pune.

IV) AIMS AND OBJECTS:

The objects of the Association for which it is registered are:

The Maharashtra Olympic Association being part of the Olympics movement, undertakes to respect the Olympic Charter, the Olympic movement, the World Anti doping code, and to abide by the decisions of the Indian Olympic Association
To promote and encourage the physical, moral and cultural education of the youth of the State for development of character, good health and good citizenship.
To affiliate itself to the Indian Olympic Association and to enforce all rules and regulations of the I.O.A. i.e. to do every Act that may be necessary or expedient to keep the Olympic movement completely independent, autonomous and entirely free from all political, religious or commercial influence.
To be the only Official Organization in complete and sole charge of all Olympic matters in Maharashtra State.
To maintain the highest ideals of sport and to promote interest therein, particularly in connection with the State Olympic Games and other Games under the patronage of I.O.A., Government of Maharashtra and Government of India
To have full and complete jurisdiction overall matters pertaining to the participation of Maharashtra State at the National Games or other such games organized under the patronage of I.O.A. & Government of Maharashtra and Government of India.
To further the cause of the Olympic movement and of amateur sports and to guard and enforce the rules of amateurism.
To intervene and to regulate the selection process of any team in case of disputes in the State Sports Association, if so desired by the concerned National Federation.
To undertake with the assistance of the State Associations concern the financing, management, providing necessary kits, transportation, maintenance and welfare of the teams from the Maharashtra State, taking part in the State, National and other games, held by or under the auspices of Maharashtra State Government, MOA, I.O.A. or Government of India.
To certify the amateur status of competitions in Maharashtra State, and for taking part in such competitions if it requires certification.
To educate the public of the state as to the value of amateurism in sports. In co-operation with the National Sports Federation/Association
to guard and enforce amateur rules. To maintain the highest ideals of amateurism and to promote interest therein, particularly in connection with the Olympic Games and other Games under the Patronage of the I.O.C. as well as the I.O.A.
To assist in co-operation with National Sports Federation/Associations, the selection, training and coaching of the teams that will represent
India in the Asian, Commonwealth, Olympic and other International competitions and tournaments, under the patronage of the I.O.C. as well as I.O.A.
To organize “Maharashtra State Olympic Games” possibly after every 2 years.
To arrange for the holding of the National Games in any city of the Maharashtra State as and when considered desirable.
To stimulate the interest of the people of the Maharashtra State in the promotion of sports and games in the Olympic program and to that end assisting for the formation of State Sports Controlling Bodies for items included in the Olympic program.
To directly manage if necessary, any games or sports for which there is no existing recognized or affiliated Association.
To be solely responsible for the Olympic Flag Day collection arrangements in the Maharashtra State.
To give financial assistance as and when possible to its affiliated members in need of such help. To act as a channel of communication between State Sports Associations and the Government of Maharashtra for financial or other assistance to the Association.
To do all such other acts and things generally as are incidental or conducive to the attainment of the above objects or any of them. To admit the membership of State Sports Association that shall be required to submit their Annual Reports and Audited Statements of Account to the Maharashtra Olympic Association for record and information before 30th September of that year.
To take disciplinary action against any sports associations for misbehavior or any other undesirable activity bringing discredit to the State and Sports.
To raise funds, to get sponsors, or to appoint an Event Manager/Company if found necessary for holding Competitions.
To take steps for creation of State Sports Academies, State Sports Museum, and other related Institutes related to Olympic movement.
The Maharashtra Olympic Association is a public trust duly registered. The property and income of the Association, howsoever derived shall be applied solely towards the promotion of its objects.
The Maharashtra Olympic Association is a public trust duly registered. The trust and the Trust Funds shall be and irrevocable for all times.
The Maharashtra Olympic Association is a public trust duly registered. The beneficiaries will be a section of the public and not any specific
individuals.

V) DEFINITIONS AND EXPLANATIONS

Unless otherwise indicated by the context :-

i) The “State” means Maharashtra State.

ii) The “Association” means the Maharashtra Olympic Association also referred to as M.O.A.

iii) The “I.O.A & I.O.C.” means the Indian Olympic Association and International Olympic Committee.

iv) The “Constitution” means the Constitution of the Maharashtra Olympic Association.

v) The “Executive Council” means the Executive Council / Committee of the Maharashtra Olympic Association constituted under Rules and
Regulations hereinafter contain to whom the management of the affairs of the association is entrusted.

vi) The “Member” means a Member of the Maharashtra Olympic Association.

vii) The “Office Bearers” means the posts of President, Sr. Vice President, Vice President, Secretary General, Joint Secretary and Treasurer.

viii)The “General Assembly” means and includes the Representatives deputed by the member Association in accordance with the Rules herein after contained and the persons holding Indian Citizenship.

ix) “State Sport Association” mean affiliated units of Maharashtra Olympic Association.

x) The words importing the singular number include the plural and vice-versa.

xi) The words importing the masculine gender include the feminine gender and vice-versa.

xii) Amateur: An Amateur is one who competes for the love of `sports and as a means of recreation, without any motive of securing any material
gain or pecuniary reward from such competition. The Eligibility will be governed by the Fundamental Rules of the International Olympic Association.

RULES AND REGULATIONS OF MAHARASHTRA OLYMPIC ASSOCIATION

I. MEMBERSHIP :

A) The membership of the Association shall consist of :

PATRON-IN-CHIEF & PATRON: The Governor of the State May be the Patron-in-Chief of the Association.
The Chief Minister of the state May be Patron of the Association and;
Member / Associate Member:

Member: Apart from the Patron, the associations (which are duly registered under societies Registration Act and/or Maharashtra Public Trust Act, having at least 15 active District Bodies for promotion and Development of the particular game or sports) of the games which are included in the Olympic games and the approved list of the Olympic Council of Asia for the Asian Games and which are affiliated to the Indian Olympic Association; the Associations (which are duly registered under Societies Registration Act and/or Maharashtra Public Trust Act, having at least 15 active District Bodies for promotion and Development of the particular game or sports) of the games which are not included in the Olympic Games and the approved list of Olympic Council of Asia for Asian Games but are included in National Games conducted under the Patronage of I.O.A. and which are affiliated to the Indian Olympic Association can be included as the member of the Maharashtra Olympic Association.
The Game of Kho-Kho and Kabadi are widely played games in State of Maharashtra and approved by I.O.A.. The Associations of the respective games are the members of The Maharashtra Olympic Association since establishment of Maharashtra Olympic Association and hence those are included as the members of Maharashtra Olympic Association irrespective of the provisions regarding Membership as the exceptional cases.
Associate Member: The Associations of the Games, which are neither included in the Olympic Games and the approved list of Olympic Council of Asia for the Asian Games nor included in National Games conducted under the Patronage of I.O.A., but are widely played in the State of Maharashtra or recognized by the Government of Maharashtra for various tournaments held under its patronage may be included as the Associate Member.
The Associations of the Games, which are run by the Mahamandals of the Maharashtra State may be included as the Associate Member.
All Applications for admission as the Member/Associate member of Maharashtra Olympic Association shall only be entertained in respect of purely amateur body having been affiliated to them at least 15 active District Bodies for the promotion and Development of the particular game or sports and that such Association is affiliated to its National Federation. The Body concerned shall apply for Affiliation in the prescribed form Appendix –A.
The application shall be accompanied by a deposit of the admission fee and the Annual Subscription along with copy of registration certificate, a true copy of the Constitution and a list of the office bearers and members affiliated to such State Body, along with a certified copy of affiliation to the respective national sports federation.
On receipt of the admission form of any Association for its membership, the Secretary General shall scrutinize its documents and if satisfied about its correctness put it before the Executive Council in the next meeting for its acceptance. If the Executive council is satisfied about the membership of that Association, it will be placed for confirmation before the General Assembly in the next meeting. If the application is not accepted by Executive Council and/or General Assembly the amount paid shall be returned. In case of acceptance, the fact of such admission shall be notified in writing by the Secretary General. A copy of the Rules and Regulations of the Association will also be sent free of charge to the newly added member.
The Association/s who have applied for getting the membership/s and who have complied all the requirements stated above may be given the membership of Maharashtra Olympic Association for a period of three years as the provisional membership and such membership will be confirmed by the General body after three years looking to the working of the Association in the interest of its game/sports. Till this period of three years such member will have no voting right.
The Associate members shall have no voting right or right to contest for any office of the Maharashtra Olympic Association, but shall have right to participate in all meetings of the General Assembly of Maharashtra Olympic Association. The Members from the Associate Members will be nominated by the elected Executive Council as the members of Executive Council as mentioned in Clause 6 of the Constitution.
All the Members including the Associate Members of Maharashtra Olympic Association have to conduct their elections under the supervision of representative of Maharashtra Olympic Association, which is mandatory holding Elections without inviting its representative is null and void and will lead to termination of membership. The intimation regarding the election meeting should be given by the Association to the Secretary General of Maharashtra Olympic Association at least 15 days before the date fixed. It is mandatory to send the complete Election Report with its List of Newly Elected Office Bearers, along with a non edited video recording of the Election Annual General Meeting to MOA within 30 days after holding of the Election.
In case the Member / Associate Member is found to have sent any wrong or misguiding information or has used the funds allotted for the specific purpose MOA has right to take disciplinary action on the above.
In case of any dispute arising within two State Associations and as and when MOA is made a party to the above in the Court of law it is the responsibility of the affiliated Member/ Associate Member Association to pay all legal expenses incurred for such proceedings and for travel lodging and boarding of representative/s

B) Termination of Membership:

A member shall cease to be a member for the following reasons:

Upon dissolution or declaration of insolvency.
If the Member does no longer fulfill the requirements of this Constitution.
Upon expulsion in case of violation of this Constitution and / or MOA Code of ethics, subject to a decision made at the General Meeting and after having given a reasonable opportunity to the member concerned to be heard. Such decision shall be made by a majority of 2/3 of votes cast by the voting members present.

II. MEMBERSHIP FEES :

The Annual Membership/Renewal fee Payable in advance by a Member/Associate Member to the Association shall be as under:
Admission Fees: Rs. 25,000/- Annual/Renewal Fees for Member: Rs. 5,000/- Annual/Renewal fee for Associate Member: Rs. 3,000/-
Every member shall be bound by the Memorandum and Rules Regulations and Bye-laws or any future amendments made thereof.
Membership fees shall be paid on or before 30th September of every year. Defaulters shall not be entitled to attend the meetings of the General Assembly, Executive Council and other Committees, nor shall they be permitted to participate in the National Games, or any such games held by MOA or Government of India or Government of Maharashtra. They will, however, be entitled for restoration of rights and privileges only on payment of the arrears of Membership fee together with a surcharge of Rs. 1,000/- for that year or part of a year of default.
If even after serving of one month prior notice (Written/Electronic Form) by the Treasurer of Maharashtra Olympic Association, a State Sports Association does not pay the renewal fee along with full applicable penalty fee on or before the last day of the month of September of the same financial year, the Executive Council of Maharashtra Olympic Association will recommend to the General Assembly, the disaffiliation of the member of the Maharashtra Olympic Association The decision of the Maharashtra Olympic Association General Assembly will be final and mandatory in this respect.

III. FINANCIAL YEAR: The financial year of the Maharashtra Olympic Association shall be the financial year i.e. 1st April to 31st March of the following year.

IV. Notices and Quorum for Meetings : In convening meetings, the Notice period and quorum as given hereunder shall be observed:

Meeting	Notice	Quorum
Annual General Meeting (Annual Meeting of the General Assembly)	21 clear days	One third of the representatives entitled to vote
Special General Meetings	15 clear days	-do-
Meetings of the Executive Council	15 clear days	One third of the members of the Executive Council entitled to vote
Emergency Meetings of Executive Council	5 clear days	-do- the

Notes:

Notification for the meetings may be sent by letter or by e-mail/Speed Post/Courier as considered expedient and be also posted on the MOA website.
For adjourned meetings to be held on the same day or at a later date due to lack of quorum at the first meeting, no quorum is necessary.

V. GENERAL ASSEMBLY-

The General Assembly shall consist of MOA Executive Committee and the Representatives of the Members of the Maharashtra Olympic Association viz. one / two representatives each, (provided that one member of associated unit and two members of affiliated units should be the Executive Members/Representatives of the State Association and at least one of them must be a female member) of the respective affiliated body, inclusive of the elected Office Bearers if any of the Executive Council.

Association shall be governed by the General Assembly who shall supervise and control the finance and Administration, of the Association which shall be vested in the said General Assembly.

V. (A) FUNCTION AND DUTIES :

The General Assembly‟s functions and duties shall be :

To formulate and enforce the policy of the Association.
To carry into effect the aims and objects of the Association.
To hold election of the Office-bearers and Members of the Executive Council every four years in accordance with the rules of the Constitution.
To admit to membership any organization eligible under the Constitution.
To hold and Supervise the funds and other properties of the Association.
To consider the Annual Report, Statement of Accounts and Budget estimates of the Association.
To appoint Sub- Committees as and when found necessary.
To enforce all Rules and Regulations, of the Indian Olympic Association.
To be the official organization in complete and sole charge of Olympic matters in the State, as per the directives of I.O.A.
To certify the amateur status of competitors of the State for the National Competitions as and when require such certificate.
To take disciplinary action against any Member/ Associate Member Association for mis-conduct or any other undesirable activity, bringing discredit to the State/Country.
To exercise power to frame Bye-laws and Rules which are not inconsistent with the Constitution?
To purchase, take on lease or hire or otherwise acquire and dispose off any moveable or immoveable property or for any right or privileges necessary or convenient for the purpose of the Association.
To hire and employ Secretaries, Clerks, Managers, Coaches, Professionals, Technical advisers, service staff as may be required from time to time by the Association and to pay them salaries, wages, gratuities and pensions.
To invest the money of the Association not immediately required, in authorized securities and to vary and transpose such investments and release any of such investments and obtain payments of any moneys so invested from time to time as may be determined by the General Assembly.
To sell, improve, develop, lease, mortgage, dispose off or otherwise deal with all or any part of the property of the Association whether moveable or immoveable with power especially to sell and distribute sports goods and other stores among members and spectators and other persons, for consumption inside the permanent or any temporary premises of the Association, subject to rule.
To act as Trustees of any funds, trophies or other property settled or donated for the promotion and encouragement of any sport.
To hold elections once in four years, at the Annual General Meeting (Meeting of the General Assembly) to elect the Executive Council from amongst the Representatives of members.
To grant under special circumstances recognition to such Sports and indigenous games which are widely spread and are popular in the Districts and rural areas of Maharashtra State and whose State Associations are neither Members or Associate Members. No membership fees will be charged to such units and they shall have no voting rights.

V. (B) ELECTION PROCEDURE :

The Election of the Executive Council (including Office-Bearers) shall be from amongst the Representative Members (excluding the Associate Members) comprising the General Assembly.

The office-bearers viz. the President, Senior Vice-President, Four Vice- Presidents, Secretary General, Four Jt. Secretaries, Treasurer and Nine Members, shall be elected every four years. (21 in all).

The election shall be conducted in the following manners:

The Secretary General shall publish the provisional list of the valid voters prior to 45 days of the Annual General Meeting in which election is to be held and call for any objection.

The objection regarding membership should be filed within 7 days of such publication.

The Executive Council shall decide such objection within 3 days of receipt of the same.

The Secretary General shall publish the final voters list prior to 30 days of Annual General Meeting.

For conducting the election, the executive council will appoint an Election Officer (who is not the member of Maharashtra Olympic Association) before one month of the date fixed for Annual General Meeting in which the election is to be held.

The Executive Council will also nominate a panel of grievance/ appellate committee for the purpose of Election process, consisting of three persons from legal and/or sports field, who are not the members of Maharashtra Olympic Association. Grievance /appellate committee shall be constituted prier to election notice. Its sitting be at head office of MOA. And such grievance / appellate committee shall decide dispute within 7 days

The Executive council with the help of Election Officer will decide the programme of the election and the Secretary General shall send the notice by e-mail/speed post/courier/telecommunications of Annual General Meeting to all the members, at least 21 clear days before the date of Annual General Meeting such notice shall include the name of the Election Officer, the names of the grievance committee members, the program of the elections and the list of all the members who are qualified to vote, along with a format of the nomination form.

The Affiliated members, who are entitled to vote, may send their Representative Forms, nominating not more than two persons who shall be bonafide member of their Executive body.

The nomination forms and representative forms must be accompanied by a letter signed by the President and Secretary, authorizing their nominations. Such Nominated persons must signify their assent on the nomination paper, that if elected, they are willing to serve on the Executive Council. Such nominated persons shall be citizens of India and persons of good standing, sound judgment and independent mind with a knowledge of and belief in Olympic principles. They must be amateurs according to the rules of International Olympic Committee.

If nominations are received for election of the same person for more than one position, such person will have to withdraw either of his forms, as one person cannot contest the election for more than one post. If till the time of displaying of list of nominations after withdrawal, the person does not withdraw his nomination then the person having filed his nomination for more than one position, such all nominations shall be considered as null and void.

The Scrutiny of the received nominations shall be done within two days of last day of nominations. The Election Officer shall scrutinize the nominations and will decide any grievance received against any nomination within that period and shall display the list of valid nominations after scrutiny and after resolving the grievance. The aggrieved member can file the appeal against the decision of the Election Officer before the grievance committee within 24 hours at the office of Maharashtra Olympic Association itself; the grievance committee will decide the appeal within the 24 hours next. Decision of the grievance committee will be final. After decision of grievance committee the Election Officer will prepare and display the final list of the nominations. The nominees so nominated in the final list will be at liberty to withdraw their nomination within 24 hours of displaying of the list. After withdrawal the Election Officer will display the final list of the valid nominations on the board of office of Maharashtra Olympic Association and Web-Site of Maharashtra Olympic Association immediately.

The list showing the names of the Candidates shall also be exhibited on the Notice Board and on the Web-Site of the Association at least Five days before the date of the Annual General Meeting at which the election will be held

The issue of voting paper shall begin an hour before the time fixed for the meeting. The persons entitled to vote shall do so by placing a cross (x) against the name of the candidate for whom he desires to vote. He shall not place a cross against more names than the number of Office- Bearers and members to be elected. The voting paper shall be invalidated if the number of votes cast is more than the number required. The voting paper shall not be signed by the voter.

In the event of default of any of the above conditions by the voter or if there are any erasures obliterations or alterations on the voting papers, the scrutinizers shall reject such a voting paper. The voter shall deposit his voting paper in the Ballot Box which shall be sealed in the presence of two Members by the Election Officer as soon as the meeting begins and of which he shall give due intimation .

The Election officer shall appoint three scrutinizers. The Election Officer and Scrutinizers shall count the votes openly in presence of the candidates or their representative who are present at the times of counting of the votes. After counting of the votes the Election Officer shall announce the name of successful candidates along with the votes received by each.

In the event of a tie, the candidate will be elected on the basis of Toss (Spin of Coin). Any candidate who has a doubt regarding the election can ask for recounting of the votes immediately, which can be done by the Election Officer and scrutiny committee in presence of contesting candidates (present at that time), the result of such counting will be final and binding.

The voting papers shall be sealed by the scrutinizers after declaration of result and be kept in the sealed condition for a period of six month unless contrary directed by any Authority.

In the event of an insufficient number of nominations having been received, the persons whose valid nominations have been received shall be considered to have been ipso facto elected and the deficiency shall be made up by election at the Annual General Meeting by voters from nominations proposed and seconded at the meeting. For such a nomination, a candidate must be present at the meeting, or his written consent to serve on the Council shall be submitted by the member proposing the candidature.

VI. EXECUTIVE COUNCIL :

The management of the Maharashtra Olympic Association shall vest in an Executive Council elected for four years and nominated by the General Assembly at its meeting from amongst the nominees of the affiliated bodies.

The Executive Council shall consist of :

President
Senior Vice President
Four Vice Presidents
Secretary-General
Four Jt. Secretaries
Treasurer
Nine Executive members (3 posts are reserved for Women in all 21 Members + 8 Nominated as below)

Apart from the elected members, the Executive Council will nominate two members from amongst Associate members as the Associate Vice- Presidents, Two members from the Associate Members as the Associate Joint Secretaries, and Two members from Associate Members as the Associate Executive Members. These nominated members can participate in the Executive Council Meetings.
The General Assembly may also nominate Two representatives (At least one be female) from Athletes who are permanent residents of Maharashtra State and have excelled in the National Games recently held, representing State of Maharashtra, for a specified period which shall not be more than four years in any case, as the member of Executive Council. These Nominated Members shall however have No Voting rights.
The Patrons, and/or nominated members have no right to contest or to vote in any election of Maharashtra Olympic Association.
Life President: The Maharashtra Olympic Association by the resolution in General meeting may nominate a person as the Life President of Maharashtra Olympic Association, however such person must have completed two terms as the president of Maharashtra Olympic Association prior to such nomination. Such Life President may attend all the meetings of the Association and guide the Executive Council whenever found necessary. Such Life President being Honorary will not hold the powers of elected President.

VII. POWER AND DUTIES OF THE EXECUTIVE COUNCIL

The Executive Council shall subject to the supervision and control of the General Assembly, have control of the finances of the Association within the limits of the Budget. They shall prepare for submission to the General Assembly the Annual Budget and the Statement of Accounts.
Subject to the general control of the General Assembly, the Executive Council shall have the power of general management of the property of the Association and shall also have the power to enforce the Rules, Regulations and Bye-laws of the Association and shall have power from time to time to make, vary and rescind such Bye-laws not inconsistent with the Rules and Regulations of the Association as they may be considered necessary for the internal management and well being of the Association.
They shall subject to similar control, have power to engage and appoint the Association Officers and Staff and such establishment as they may consider necessary for the Association and to dismiss, reduce or alter the same from time to time; they shall determine the scale of charges to be paid for the supplies and for sports and games, they shall make provision for and carry out the improvement, maintenance, upkeep, repair and renewal (as the case may be) of the lands, buildings and property of the Association for the time being; and they shall also have such powers as may from time to time be delegated to them by the General Assembly or may be vested in them by the Rules, Regulations or Bye-laws of the Association, for the time being.
The Executive Council may appoint Sub-Committees for any purpose and may delegate to them such powers as they may think fit to prescribe in the terms of reference. Such Sub-Committees may comprise of persons who are not members of the Executive Council.
All Office Bearers and Members of the various Sub-Committees shall continue to hold office and serve on the Committees till such time as their successors are duly appointed, elected or nominated.

VIII. EXECUTIVE COUNCIL MEETING.

The Executive Council shall meet at least twice a year and often if necessary. 1/3 of the members shall form a quorum.

At least 15 clear days notice shall be given to the members for every meeting of the Executive Council, provided that an Emergency Meeting of the council may be held giving a 5 days notice.

Every member will be deemed to have received the notice in the ordinary course, if it is sent by e-mail /speed post /courier

/telecommunications to the member’s at last known registered address,

prior to clear 15 days of the date of the meeting.

All questions shall be decided by show of hands and in case of a tie, the Chairman shall have a casting vote.

IX. DUTIES OF OFFICE BEARERS AND OTHERS :

- PRESIDENT
The President shall be the head of the Maharashtra Olympic Association and he shall preside over all meetings of the General Assembly or Annual General or Special General Meeting and meetings of the Executive Council.
He shall guide M.O.A in all its activities. He shall exercise superintendence over Office Bearers and members of the Executive Council and other Committees in the discharge of their duties. He shall have all powers of supervision over their duties. He shall have overall power of supervision over the working of the Association and its efficient administration. In particular, the President shall have the following Powers/responsibilities:-
1. To implement the objectives of the administration.
2. To deal with all disciplinary matters arising in Maharashtra Olympic Association or in the State Associations as per Rules on the subject. This would be subject to ratification in the next Executive Council Meeting of the Association.
3. The President is authorized to sanction the expenditure upto Rs. 50,000/- for any one item. Expenditure in excess of this amount shall be sanctioned by the Executive Council.
4. In case of a tie except in the General election, the President will have a right of casting vote.
5. The President shall ensure that the financial position of Maharashtra Olympic Association is strong and that no unauthorized expenditure is incurred.
6. The President may perform any other task/functions as directed by the Executive Council or the General Meeting.
7. President may direct to General Secretary to Conduct / call any kind of meeting.
- SENIOR VICE PRESIDENT & VICE-PRESIDENT
In the absence of the President, the Senior Vice President shall preside over the meetings. In the event of prolonged absence of the President, the Senior Vice President will take over the duties and responsibilities of the President during the period of absence. In the absence of Senior Vice President, the Vice President by order of precedence, shall replace the Senior Vice President.
The Senior Vice President and the Vice Presidents may perform any other tasks/functions as directed by the President, the Executive Council or the General Assembly.
1. SECRETARY GENERAL:
1. Subject to the general control of the Executive Council, the Secretary General shall be in charge of the day to day administration of the Association and shall transact all official business in accordance with the decisions of the Executive Council. He shall be responsible for calling meetings of the Executive Council as per rules and implement their decisions.
2. He shall carry out all correspondence in the name of the Association save as otherwise directed by the President. He shall keep and maintain the Minutes of all meetings of the Association, the Register of members and all such records as may be necessary for the smooth and efficient working of the Association. He shall also be responsible for the maintenance of the properties (moveable and immovable) of the Association. He shall prepare and submit the Annual Report to the General Assembly at an Annual General Meeting of the Association.
c. The Secretary General shall ensure that the Accounts of the Association have been regularly audited. The financial power of the Secretary General are restricted to sanctioning of Rs. 25,000/-. Any expenditure exceeding the said amount shall require the previous sanction of the President or the Executive Council.
1. Joint SECRETARIES :
The Joint Secretaries subject to the control of the Secretary General and the Executive Council shall perform such duties as may be assigned to them from time to time. They shall help the Secretary General in each and every matter of the Association.
1. TREASURER :-
1. The Treasurer shall do all financial transactions of the Association, pay bills approved by the Executive Council or certified by the President or Secretary General unless the amount of a bill exceeds the budgeted amount in which case the excess amount must have the sanction of the Executive Council before it is paid. He shall maintain the books of accounts submit Half-Yearly Statement of Accounts and get the Accounts duly audited in time. He shall also maintain an inventory of the Association’s property and submit the same along with the audited Accounts.
2. The Treasurer shall not keep with him any amount exceeding Rs. 10,000/- but shall deposit the same, within one week of its receipts, in a Bank approved by the Executive Council. All receipts shall be signed by him.
Administrative officer
There shall be Permanent one Administrative officer and more sub administrative officers and supporting staff for the Association to look after the day- to-day administration of MOA Secretariat under the guidance and supervision of the Secretary General and President only. The financial powers of the Administrative officer will be restricted to the sanction of Rs. 5000/- for any one item.

X. TENURE OF POSTS :

An Office Bearer and Members of the Executive council may hold office as such for one term or 4 years whichever is more and will be eligible for re-election for a like term or period for any number of times.
An individual elected as an Office Bearer, including Executive Council member, on the basis of accreditation by a Member Association will be permitted to complete his tenure of post, even if the concerned member Association withdraws the accreditation given to the individual earlier at a later date.

XI. HOLDING OF OFFICE :

The Office Bearer of Maharashtra Olympic Association can be the Office Bearer only of the Affiliated Member Association, which has nominated him. He cannot hold the office as an Office Bearer of any other Affiliated Member Association of Maharashtra Olympic Association.
If a member absents himself/herself for three consecutive meetings of the Executive Council without a just cause or without leave of absence of the Executive Council, the member may be removed as a member from his or her office.
The Member can be removed from his post if he is convicted for an offence of serious nature under Indian Penal Code or any other law of land for a period of one year or more, or convicted under Prevention of Corruption Act for any period, the General Council can remove him as a member. Such person who is removed as a member will not be allowed to contest in the elections of the Executive Council till three years after completion of the sentence.

XII. CASUAL VACANCIES :

Any Casual vacancy in the post of the President, Senior Vice President, Vice Presidents, Secretary General, Jt. Secretary or Treasurer may filled by the Executive Council from amongst its members to be ratified by the General Assembly at its next meeting.

XIII. ANNUAL GENERAL MEETING:-

i) The Annual General Meeting also known as Annual Meeting of the General Assembly shall be held during the months September to December every year at a place, date and time to be decided upon by the President. As far as possible, the meetings shall be held by rotation at different places. 21 clear days prior notice shall be given for the Annual General Meeting to all the members.

The matters to be taken up during the Annual General meeting are……..

Confirmation of the minutes of the last Annual General or Special General meeting, a copy of the said Minutes as approved by the Executive Council having been circulated to the members not later than three months from the date of holding the Annual General Meeting or Special General Meeting as the case may be.
Adoption of the Annual Report, Budget and the Audited statements of Account and the Balance Sheet.
Quadrennial Election of the President, Office – bearers and Members of the Executive Council as provided for by the Rules.
Appointment of Auditors and fixation of their remuneration.
Appointment of Honorary Legal Advisor.
Other items on the agenda of which due notice has been given.
Any other business which the Chairman of the meeting may permit.
To admit to membership any organization eligible under this Constitution or to terminate their Membership as per the Constitution.
To appoint Committees and Sub Committees as and when found necessary.

XIV. SPECIAL GENERAL MEETINGS :

The president or the Executive Council may call a Special General meeting on his or its own initiative or on a requisition in writing to the Secretary General signed by not less than 15 members or at least one-third of the number of members then on the Association’s roll, whichever is less, specifying the particular object for which it is called. Such meeting shall be convened within one month of the receipt of such requisition and at least 15 day’s prior notice shall be given to every member.

At such meeting no proposition shall be considered except that relating to the particular object for which the meeting is convened.

If within 15 minutes of the time fixed for the meeting a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved; in any other case it shall stand adjourned to be held half an hour later, on the same, day, at the same place, and if at this adjourned meeting a quorum is not present within 15 minutes of the time fixed for the meeting, the members present shall form a quorum and may transact the business for which the meeting was called.

XV. QUORUM AT GENERAL MEETINGS :

One-Third of the members then on the roll shall form the quorum at all General Meetings.

If within 15 minutes from the time fixed for an Annual General Meeting a quorum is not present; the meeting shall stand adjourned to be held half an hour later, on the same day at the same place. At such adjourned meeting, the members present shall form a quorum and may transact the business for which the meeting was called.

XVI. VOTING

At the Annual General Meetings and Special General Meetings, Member Associations shall be entitled to send their two representatives and associate member shall send one representative who shall be Executive Members of their Association, out of such two representatives at least one of them may be a female member.
Each Representative shall be entitled to one vote except Associate members.
The right of exercising the vote shall vest in accredited representatives deputed by the Members.
One and the same person shall under no circumstances, be entitled to represent more than one member.
Voting by proxy shall not be allowed.
Voting if necessary shall be by show of hands. Election of the Office Bearers and Executive Council members of the Maharashtra Olympic Association shall always be by secret Ballot.

XVII. ADJOURNMENT OF MEETINGS:

The Chairman of a Meeting may adjourn the said meeting from time to time and place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. Notice for such adjourned meeting may or may not be given to members as may be decided at the meeting.

XVIII. BANKING ACCOUNT :

The Banking Account of the Association shall be maintained in such Scheduled of Nationalized Bank or Banks as may be approved by the Executive Council, in the name of the Association and shall be jointly operated upon under the signatures of any of the two signatories amongst the President, Secretary General and the Treasurer.

XIX. AUDIT :

Every year the accounts of the Association shall be examined and the correctness ascertained by a recognized, qualified Auditor or Auditors duly appointed.

The Auditor then shall file the returns and upload the same with the Income Tax Office and Charity Commissioner. He shall also comply with other statutory compliances if any.

XX. NOTICE OF MOTION

Notice of any Motion to be brought forward before Annual General Meeting by a Member shall be sent in writing to the Secretary General preferably two months before the Annual General Meeting. The Executive council shall include it in the Agendas of the next Annual General Meeting with their recommendations thereon, if any.

XXI. COMPLAINTS OR SUGGESTIONS :

Any member having any complaint or suggestions to make, shall do so in writing and address the same to the Secretary General, who shall place it before the next meeting of the Executive Council and will inform the complainant about the decision taken in the meeting, immediately.

XXII. INSPECTION OF RECORDS :

Any member of the Association shall have the right to inspect any record of the Association and to take copies thereof on an advance payment of Rs. 500/- per inspection of the document.

Such inspection and taking of copies by paying appropriate cost shall be allowed in the office of the Association only. Members of the Executive Council shall not be required to make any payment for such inspection.

XXIII. NO CONFIDENCE MOTION :

Any member or body of members in office shall vacate the same when a No Confidence Motion is passed by a majority of at least two-thirds of the members present and voted for at a General Assembly Meeting. Provided that such no-confidence motion can be moved against any such member only on the requisition of at least half of the members of M.O.A general assembly and further that No Confidence Motion cannot be passed against any person without giving him the opportunity of being heard before the General Assembly or the Special Assembly as the case may be.

XXIV. INTERPRETATION OF RULES REGULATIONS AND BYE-LAWS :

The interpretation of the Rules, Regulations and Bye-laws and the Constitution, construction and effect, rest with the Executive Council and any ruling given by the Council shall be final and binding on all members.

XXV. AMENDMENT OF RULES AND REGULATIONS

These Rules and Regulations may be repealed, altered, added to or amended, by a resolution at an Annual or a Special General Meeting, provided that two-thirds of the representatives present and entitled to vote at the meeting, vote for the same and provided that the proposed changes are on the Agenda of the Meeting.

XXVI. FLAG AND EMBLEM :-

The Flag and Emblem for use in relation to its activities as approved by IOA is orange in Color with MOA Monogram.

XXVII. DISSOLUTION :

For dissolution of association such resolution shall be passed in special general meeting with three-fourth majority of total representatives. If upon dissolution of the Association there shall remain after satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid or distributed amongst the members of the Association but shall be given to some other institution or institutions having objects similar to the objects of the Association as may be determined by the members of the Association at or before the time of dissolution.

XXVIII. FORCE OF RULES AND BYELAWS

For all the purpose of the Bye Laws made under the Rules of Society as provided for the Constitution shall have the same force as of the Rules in the Constitution

BYE-LAWS

GENERAL DISPLINARY REGULATIONS :

All existing Rules & Regulations, and those amended thereafter will be binding on all the Member / Associate Member State Associations

1. 1. 1. Violation of the existing Rules cannot be excused on grounds of ignorance of the said rules.

whoever incites a Member unit to commit an infraction or aids and abets the said unit‟s infraction shall be sanctioned in the same manner as the unit which commits the infraction.

All units of the Maharashtra Olympic Association shall undertake to supply to the Maharashtra Olympic Association copy of their respective statues, Constitution and Rules and Regulations, a list of their respective accredited Member units and their Office- Bearers and Members, a copy of Annual Report, Annual Balance- Sheet and audited statement of Accounts and a report of their activities duly approved by their General Body within six months of the closing of the financial year along with a calendar for the ensuing year. Failure to supply this information within the stipulated period will constitute a breach of this rule and may render the defaulting unit to disciplinary action under these rules.

SETTLEMENT OF DISPUTES/CONFLICTS IN THE SPORTS AND GAMES ASSOCIATIONS :

1. All sports Associations affiliated to the Maharashtra Olympic Association shall include in their Constitution a provision that the Association would have all unresolved disputes settled by the Maharashtra Olympic Association under the Arbitration Act, 1940.
2. Every member shall be deemed to continue its membership of the Maharashtra Olympic Association on the specific condition that it voluntarily surrenders its right of seeking redress in any Court of law.
3. All unresolved disputes arising within the state Sports/Associations/affiliated to the Maharashtra Olympic Association shall be referred by associations to the Maharashtra Olympic Association for settlement by the Maharashtra Olympic Association under the Arbitration Act 1940. For this purpose the Maharashtra Olympic Association shall elect a panel of Arbitration to be decided by the Maharashtra Olympic Association General Assembly at their Annual General Meeting, out of whom parties to the disputes in a State Federation/Association will select one arbitrator each and the third Arbitrator out of the said panel will be mutually agreed upon by the Two Arbitrators. The Arbitration proceedings shall be completed within the period specified under the Arbitration Act or within the time extended by the Arbitrators with the consent of the parties.
4. In the event of a dispute within an affiliated unit of the Maharashtra Olympic Association which affects normal working of the State Unit and prevents selection preparation and training of the Sport/Team under the charge of the Unit for purposes of National representation Competition under the Aegis of the Maharashtra Olympic Association, the Maharashtra Olympic Association will constitute and Ad-hoc body from within the members of the General Assembly associating such persons from outside as may be necessary, to continue with the work of selection preparation and training of that particular sport/team until the dispute within the unit is resolved, this will only be done if the National Federation gives its consent to do so.
5. All disputes between State Sports and Games Association and the Maharashtra Olympic Association within the Maharashtra Olympic Association itself will be dealt with in the same manner as laid down in (c) above.
1. DISCIPLINARY COMMITTEE :
The Maharashtra Olympic Association will appoint a Disciplinary Committee from among the members of the Executive Council, not exceeding three, to deal with all matters pertaining to disciplinary regulations and the Committee will submit its report or findings to the Executive Council in a stipulated period, which will not be more than three months. The decision of the Executive Council will be put up for ratification of the General Assembly.
1. DISCIPLINARY SANCTIONS :
The Maharashtra Olympic Association Member are liable to the following disciplinary sanctions.
1. Warnings
2. Caution
3. Suspension for a specified period of time
4. Expulsion from the Maharashtra Olympic Association
1. The MAHARASHTRA OLYMPIC ASSOCIATION will ensure that :
1. (i) Each State Sports/Association in its particular field of specialization has been appointed or would appoint a National Coach who possesses a valid coaching diploma. Prior approval of the Maharashtra State Sports Council would be necessary if the person already appointed or proposed to be appointed as a Coach does not possess requisite coaching qualifications.
1. The State Sports Associations, in their respective field of specialization; have been holding or would hold, where feasible, not less than two competitions annually for specified age groups at the Junior and Sub-Junior levels. These competitions should be organized through inter- District Competitions in the State, leading to the Competition at the National Level.
2. The membership for the State Sports Associations, within their particular fields of specialization is confined to the State, and such members will have the right to vote in any of Federations/Association meetings.
1. State Sports/Association shall affiliate a Sports Unit of any Dist/Department that has not been recognized by the M.S.S. Council.
(C) The Association may sue or be sued in the name of the Secretary General. A law suit can only be filed at Pune the head-quarters of the Maharashtra Olympic Association.
1. The provisions of the Societies Registration Act XXI of 1860 will apply to the Association.
2. In all matters relating to the interpretation and application of the Constitution as well as in matters not specifically provided for herein, the decision of the Executive Council shall be final and binding on all concerned.
3. No decision taken at an Annual General Meeting (also known as Meeting of the General Assembly or Meeting of the Council) shall be reopened, modified or cancelled within a period of six months thereof or for period which shall be considered reasonable by Executive council.
4. The Executive Council, may at its discretion, frame Bye-laws not inconsistent with or contrary to this Constitution, for the proper and efficient administration of the Association.
5. In all matters relating to the interpretation and application of the Constitution as well as in matters not specifically provided for herein, the decision of the Executive Council shall be final and binding on all concerned.
6. No decision taken at an Annual General Meeting (also known as Meeting of the General Assembly or Meeting of the Council) shall be reopened, modified or cancelled within a period of six months thereof or for period which shall be considered reasonable by Executive council.
7. The Executive Council, may at its discretion, frame Bye-laws not inconsistent with or contrary to this Constitution, for the proper and efficient administration of the Association.
8. The Maharashtra Olympic Association shall be guided by the Statutes, Rules, Regulations, Bye-laws, directions and instructions issued from time to time by the I.O.A

APPENDIX „A‟
MAHARASHTRA OLYMPIC ASSOCIATION

(Application Form For Affiliation)

To,

The Secretary General Maharashtra Olympic Association, Mumbai

Dear Sir,

Kindly Affiliate

as Member/Associate member of the Maharashtra Olympic Association with effect from

The Admission fee Rs. and the Annual Affiliation fee of Rs.

is forwarded herewith in cash/by cheque/by M.O. Our Association agrees to abide by the Constitution Rules and Regulations and Bye-laws of the Association as now existing or as they may be altered hereafter. A copy of the Rules and Regulations of our Association alongwith other documents as per list is enclosed.

Yours Faithfully

President/Secretary of the Association Name of Association

E-mail ID of Association Address of Headquarters Telephone No.

Mobile No. Year of Formation Names of Office Bearers President

Vice – President

E-mail ID of President & Secretary

Mobile No. of President & Secretary Hon-Secretary

Hon. Treasurer Address of Hon. Secretary Telephone No. Proposed By Seconded By

Roll No. :- Accepted by Executive Council on :

Admission Fee :- Rs. 25,000/- Member Affiliation Fee :- Rs. 5,000/- Associate Membership fee Rs. 3,000/-

NOTE:-Application for Affiliation must be accompanied by 1)Xerox Copy of Registration Certificate

True certified copy of the Constitution

List of the Office Bearers and Executive Council Members and their Address & Phone Numbers

Name, Address & Phone Numbers of President/ Secretary of District units affiliated

Certified copy of affiliation to the respective National Sports Federation recognized by I.O.A.

* means columns shall be filled compulsory/ mandatory

महाराष्ट्र ऑलिम्पिक असोसिएशन

Maharashtra Olympic Association

CONSTITUTION

RULES AND REGULATIONS OF MAHARASHTRA OLYMPIC ASSOCIATION

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Office Time

MAHARASHTRA OLYMPIC ASSOCIATION