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Constitution

THE COMPANIES ACT 1994

BY-LAW NO. 1

A By-Law relating generally to the conduct of –

DOMINICA OLYMPIC COMMITTEE

BE IT ENACTED as the general By-law ofthe Dominica Olympic Committee (hereinafter called “the Committee”) as follows: -

CONSTITUTION OF THE

DOMINICA OLYMPIC COMMITTEE

 

1. NAME AND LEGAL STATUS

Under the terms of the Olympic Charter and in accordance with the provision of the laws of the Commonwealth of Dominica, the name of the Organization shall be “DOMINICA OLYMPIC COMMITTEE. The duration of the committee shall be unlimited.

2. OBJECTIVES

The objectives for which the Committee is established are:

• To affiliate with the International Olympic Committee [IOC] and to comply with and observe the Olympic Charter in Dominica and enforce all its rules and regulations and to safeguard its autonomy and resist all pressures whether of a political, religious or economic nature.

• To ensure the observance of the Olympic Charter in Dominica; and expressly undertake to comply with the Olympic Charter with regard to; Rules 31, 32, 33, 34 and 35 and Bye-laws as relates to the Mission, Role, Composition, National Federations, Name and Country, Flag, Emblem and Anthem of the Committee; Rules 38,39 and 40 in the event of a city in Dominica being selected to organize the Olympic Games; and Rules 41, 49, 59, 61, 62, 64 and 68 on the Organization and Participation in the Olympic Games. The flag, the emblem and the anthem adopted by the Committee for use in relation to its activities, including the Olympic Games, must be approved by the IOC Executive Board.

 

• To ensure the observance of the Olympic Movement Anti-Doping Code, the provision of which shall apply mutatis mutandis, to all persons and competitions under the Dominica Olympic Committee’s jurisdiction; and to fight against the use of substances and procedures prohibited by the IOC or the International Federations [Ifs]

 

• To arouse and maintain the interest of the people of Dominica in, and to obtain their support for, participation and representation of Dominica in the Olympics, Pan American, Commonwealth and Central American & Caribbean Games and any other Games and events sanctioned by the International Olympic Committee. The Committee shall be obliged to participate in the Games of the Olympiad by sending athletes.

 

• To ensure the development and protection of the Olympic movement and Sports and Games in general.

 

• To ensure through the governing bodies of Sports in Dominica, the representation of this Country by the best available competitors in Olympic, Pan American, Commonwealth and Central American and Caribbean Games and any other Games sanctioned by the International Olympic Committee by providing financial assistance to affiliated members in suitable cases towards development and preparation of competitors for these Games.

 

• To educate public opinion, particularly the youth of Dominica as to the importance of properly organized physical recreation in improving the health and welfare of the Country, thereby developing character and the spirit of citizenship. Propagate the fundamental principles of Olympism at national level within the framework of sports activity and otherwise contribute, among other things, to the spreading of Olympism in the teaching programmes of physical education and sport in schools and university establishments, and to the creation of institutions which devote themselves to Olympic education; in particular, with the establishment and activities of National Olympic Academies, Olympic Museums and cultural programmes related to the Olympic Movement. To assist in the training of sports administrators

 

• To assist and co-operate in the provision of better facilities for the people’s recreation.

 

• To raise funds for the purpose of sending teams to the Olympic, Pan American, Commonwealth and Central American and Caribbean Games, and any other Games sanctioned by the International Olympic Committee and for such purpose to borrow monies on security or otherwise as may be deemed advisable from time to time, and to repay such monies as and when arrangements may be made therefor.

 

• To exercise exclusive jurisdiction directly or through its constituent members or committees over all matters pertaining to the participation of Dominica in the Olympic, Pan American, Commonwealth and Central American and Caribbean Games and any other Games or events sanctioned by the International Olympic Committee including the selection of teams to represent Dominica in such Games, and to the designation of a city to host any such Games in Dominica.

 

• To work in concert with private or government bodies concerning the promotion of a sound sports policy and work to maintain harmonious and cooperative relations with appropriate governmental bodies. Nevertheless, the Committee shall preserve its autonomy and resist all pressures of any kind, including those of a political, religious or economic nature, which may prevent the Committee from complying with the Olympic Charter. Government or other public authorities shall not designate any member to the Committee. However the Committee may decide, at its discretion, to elect as members representatives of such authorities.

 

• To participate in actions to promote peace and to promote women in sport; also undertake to support and encourage the promotion of sports ethics, to fight against doping and to demonstrate a responsible concern for environmental issues and to take action against any form of discrimination and violence in sports on grounds of race, religion, politics, sex or otherwise

 

• To do all such other things as are incidental to or as the Committee may deem conducive to the attainment of these or other objectives, which may arise.

 

3. USE OF INCOME

 

The income and property of the Committee, from wherever derived, shall be applied solely towards the promotion of the objectives of the Committee as set forth in this Constitution.

 

4. HEADQUARTERS

 

The Headquarters of the Committee shall be in the Parish of St. George in the Commonwealth of Dominica.

 

• SEAL

 

The common seal, an impression of which is registered, shall be the common seal of the Committee.

 

6. MEMBERSHIP

 

There shall be three categories of members:

 

• Category “A”

 

• Any National Sports Association which is affiliated to an International Federation [IF] governing sports included in the programme of the Olympic Games. The number of such member associations shall not be less than five and they shall constitute the voting majority of the Committee. The Committee shall not recognize more than one national federation for each sport governed by such IF. Furthermore, such national federations or the representatives chosen by them must constitute the voting majority of the Committee and of its executive organ.

 

• Any National Sports Association whose sports are included in the programme of the Pan American, Commonwealth or Central America and Caribbean Games. The number of such member associations shall not be less than three.

 

• (a) Active and retired athletes who have taken part in the Olympic Games, provided that these members shall retire from membership at the end of the third Olympiad after the end of the Olympic Games in which they took part.

 

(b) In matters of voting these members, at 3) (a) above, shall be represented by two representatives (each of whom shall have one vote) elected by the National Sports Association.

 

4) Any member of the International Olympic Committee who is a citizen of Dominica.

 

5) The immediate past President of the Dominica Olympic Committee.

 

• Category “B”

 

Members-at-large

 

• These shall be citizens of Dominica prominent in the learned professions, business, sport or other wholesome and worthwhile community activity. They should have a strong and active interest in sport and the Olympic Movement.

 

2) The maximum number of members in this category shall not exceed one-third the total of Category “A”.

 

3) The Executive shall nominate them before the end of the Olympic year.

 

4) Nominations to this category of membership shall be prepared on the prescribed form and signed by any two Executives members.

 

5) The election of members to this category of membership shall be by the votes of a two-thirds majority of members of Category “A”.

 

6) Members under this category shall be elected at the Annual General Meeting of the Committee in the year following the celebration of the Games of the Olympiad and shall hold office until their successors are appointed.

 

 

 

• Category “C”

 

Honorary Members with no voting rights

 

• Persons who have rendered distinguished service to the Olympic Movement may be elected to honorary membership by a two-thirds majority of members in Category “A” and Category “B”.

 

• Honorary members shall be privileged to attend Meetings of the Committee but without the right to vote.

 

 

7. TERMINATION OF MEMBERSHIP

 

Membership shall be automatically terminated: -

 

• If a member resigns by delivering a written resignation to the Honorary General Secretary of the Committee.

 

• If he/she becomes bankrupt or suspends payment or compounds with his/her creditors.

 

• If at a special general meeting of members a resolution is passed by two-thirds of the members present at the meeting that he/she be removed from membership for conduct inimical to the interests of the Committee. Expulsion shall follow a hearing at which the member may appear and make representation on his/her own behalf.

 

• Upon disbandment by the IOC or National Sports Association or expiration of his/her term of office.

 

 

8. DELEGATES

 

• Each affiliated body shall appoint one delegate and an alternate to the Committee.

 

• Delegates and their alternates must be nationals of Dominica and should be of good standing, upright character, sound judgement and independent mind with a knowledge of, and belief in, Olympic principles.

 

• The names of delegates shall be communicated in writing to the Honorary General Secretary of the Committee and such delegates shall continue to be delegates at the pleasure of the bodies they represent. Any affiliate shall be entitled at any time to withdraw in writing the name of any delegate and to nominate in writing a delegate or delegates in place of or in succession to the former delegate or delegates.

 

• If any delegate is appointed or elected as an Officer of the Committee, the member body or affiliate concerned shall be entitled to appoint another delegate in place of that delegate.

 

 

9. OFFICERS

 

• The Officers of the Committee shall be elected at a General Meeting expressly convened for that purpose after the Annual General Meeting in the year following the celebration of the Games of the Olympiad, and shall hold office until their successors are elected.

 

• The Officers shall be:

 

(i) A President who need not be a delegate accredited by any affiliated Body.

 

(ii) A Vice President who shall be elected from among duly accredited delegates.

 

(iii) An Honorary General Secretary who need not be a delegate.

 

(iv) An Honorary Assistant General Secretary who shall be elected from duly accredited delegates.

 

(v) An Honorary Treasurer, who shall be elected from duly accredited delegates.

 

(vi) Four ordinary members, who shall be elected from duly accredited delegates.

 

• The President shall preside as Chairman over all meetings of the Committee and hereby, shall have authority to decide on every question of order and procedure. Among other things he/she shall hold the right to discipline members considered to be acting in a manner contrary to the good progress of meetings. In his/her absence the Vice-President shall preside, in the absence of both of them, the meeting shall elect a Chairman from among those present and entitled to vote.

 

• The Vice President shall be of general assistance to the President, and shall perform such duties as may be assigned by the President. The Vice President shall act for the President at the discretion of the Executive.

 

• The Honorary General Secretary shall have custody of all documents of the Committee. He/she shall convene meetings as may be necessary from time to time on giving notice to members. It shall be the duty of the Honorary General Secretary to prepare the agenda for all meetings and shall do so in consultation with the President. He/she shall keep a minute book in which shall be recorded the business transacted at all meetings. He/she shall have full responsibility for the property of the Committee and perform such duties in relation to the Committee as the Executive may require.

 

• The Honorary Assistant General Secretary shall be of general assistance to the Honorary General Secretary, and shall perform such duties as may be assigned by the Honorary General Secretary.

 

• The Honorary Treasurer shall keep such books of account as the Executive may from time to time direct and deposit the funds of the Committee in such bank or banks as may be selected by the Executive and shall present the audited financial Statements at the Annual General Meeting of the Committee and perform such other duties in relation to the Committee as the Executive may require.

 

• Ordinary members shall be entitled to fill any vacancy that the Executive may approve.

 

• There shall be a ceremony of installation of Officers and the hand-over of all insignia and materials pertaining to all offices as soon, as is practicable after the election of officers

 

 

10. EXECUTIVE BOARD

 

• The Board of Directors shall be called the Executive whose powers shall be:

 

(i) To carry out the objectives of the Committee.

 

(ii) To appoint and/or dismiss permanent employees and to fix if need be their remuneration.

 

(iii) To control expenditure.

 

(iv) To deal with affiliations.

 

(v) To raise funds and borrow monies for the administrative and other expenses of the Committee as may be deemed necessary.

 

(vi) Generally to manage, control and safeguard the affairs of the Committee.

 

(vii) To select representative teams.

 

(viii) To fill all vacancies (including that of auditors) as they arise.

 

(ix) To appoint a Standards Committee, a Finance Committee, a Public Relations Committee and other Committees as may be approved from time to time.

 

(x) To appoint from among its members suitable tribunals to consider and adjudicate on disputes/conflicts within National Sporting Associations affiliated to it.

 

• The Executive shall consist of the President, the Vice President, the Honorary General Secretary, Honorary Assistant General Secretary, the Honorary Treasurer, four members of the General Committee and ex-officio members consisting of all members of the International Olympic Committee who are citizens of and reside in Dominica. The Executive shall carry on the general routine work of the Committee and shall have the power to deal with all matters requiring immediate attention.

 

(c) The Executive may recommend to the Committee the removal from office of any Officer who refuses to carry out any of the functions of that office after being requested to do so or whose performance is unsatisfactory or inimical to the interest of the Committee or who has been absent from three (3) meetings of the Executive without permission during one (1) calendar year.

 

(d) An Officer may be removed from office only at a Special General Meeting called for the purpose.

 

• For the avoidance of doubt, it is hereby stated that ex-officio members of the Executive have the right to participate fully in the decisions of the Executive, including the right to vote.

 

• Officers shall perform their duties on a voluntary basis save as provided by the Executive. They may however be reimbursed for travelling, subsistence and any other justified expenses incurred by them in connection with their duties

 

 

• FOR THE PROTECTION OF DIRECTORS AND OFFICERS

 

No director or officer of the Committee shall be liable to the Committee for:-

 

• the acts, receipts, neglects or defaults of any other director or officer or employee or for joining in any receipt or act for conformity;

 

• any loss, damage or expense incurred by the Committee through the insufficiency to the DOC or deficiency of title to any property acquired by the Committee or for or on behalf of the Committee;

 

• the insufficiency or deficiency of any security in or upon which any of the moneys of or belonging to the Committee shall be paid out or invested;

 

• any loss or damage arising from the bankruptcy, insolvency or tortuous act of any person, including any person with whom any moneys, securities of effects shall be lodged or deposited;

 

• any loss, conversion, misapplication or misappropriation of or any damage resulting from any dealings with any moneys, securities or other assets belonging to the Committee;

 

• Any other loss, damage or misfortune whatever which may happen in the execution of the duties of his respective office or trust or in relation thereto; unless the same happens by or through his failure to exercise the powers and to discharge the duties of his office honestly and in good faith with a view to the best interests of the Committee and in connection therewith to exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

 

 

• SUB-COMMITTEES

 

• The Executive may from time to time as deemed necessary appoint sub-committees consisting of such number of Executive members or other members as may be deemed desirable and may prescribe their duties.

 

• Any sub-committee so appointed may meet for the transaction of business, adjourn and otherwise regulate its meetings as it thinks fit. Unless otherwise determined by the Executive, two members of a sub-committee shall be a quorum. Questions arising at any meeting of a sub-committee shall be decided by a majority of votes and in case of an equality of votes the chairman of the meeting shall have a second or casting vote.

 

 

13. SELECTION OF TEAMS

 

• (a) The Executive shall decide on the numerical strength and composition of the representative teams. The composition of the teams shall be determined from the nominations made by affiliated members of the Committee, the Executive reserving to itself the right to veto any nomination.
•  
• (b) The nominations shall comprise:

 

• (i) The names of the competitors in order of merit. Competitors must comply with the standards laid down by the Olympic Committee or the International Governing Body of the particular sport.

 

(ii) A record of performances of each competitor in the event for which he/she has entered.

 

(iii) The names of the Officials and their particular function.

 

(iv) The President and Secretary of the Member Body must sign the nominations.

 

(v) In the case of “team sports”, the Executive will receive nominations from affiliated members of the Committee not less than two (2) years before the Games. The nominations shall include the numerical strength, achievements and composition of the team, the training program and, where possible, names of players and officials.

 

(vi) “Team sports” means all sports in which individual events are not scheduled.

 

(vii) The Executive will determine which team(s) shall be eligible for the Games and shall notify the affiliate(s) of its selection not less than one (1) year before the Games.

 

(viii) The team may be required to pay to the Committee such portion of the total expenses of the team as the Executive may decide.

 

(c) The Executive shall elect the Chef de Mission and/or an Assistant Chef de Mission of any representative team from among its members. The Executive shall also appoint at its discretion other general team officials and auxiliaries that may be deemed necessary. The Executive shall also elect other sectional officials to accompany the competitors provided that the only competent body to nominate an Official for any particular sport shall be the affiliated body responsible for the administration of that particular sport.

 

(d) The selection of such team shall be final and no governing body of sport shall be allowed to send any other representatives, provided however that where financial consideration alone precludes the inclusion of eligible candidates, the Executive may approve of the inclusion in the official team of such candidates if the affiliate pays the Dominica Olympic Committee a subvention for the purpose. The Committee must constitute, organize and lead their respective delegations at the Olympic Games and at the regional, continental or world multi-sports competitions patronized by the IOC; and shall be responsible for the behaviour of members of the delegation.

 

(e) The criteria for selection for the following Games shall be: -

 

(i) Central American and Caribbean Games – medal potential

 

(ii) Commonwealth Games – achievement of medals at Central American and Caribbean Games.

 

(iii) Pan American Games – achievement of medals at (i) and/or (ii) above.

 

For the above Games, consideration may be given to individuals who have not qualified as stated above, but who may be considered as good prospects for the future.

 

(iv) Olympic Games – medal potential.

 

• Qualification at Tournaments arranged for that purpose by or as announced or declared by the respective international federation or regional organisation.

(f) When dealing with questions relating to the Olympic Games, only the votes cast by the Executive and by National Federations affiliated to International Federations governing sports included in the programme of the Olympic Games shall be taken into consideration.

 

 

14. MEETINGS OF THE EXECUTIVE BOARD

 

• Regular meetings of the Executive shall take place at least once every three months. Notwithstanding the above, special meetings of the Executive may be convened by the Honorary General Secretary in consultation with the President as may be deemed expedient provided, however, that not less than seven (7) days notice shall have been given to all members.

 

• Membership of the Executive may be suspended where a member has been absent without excuse from three (3) consecutive meetings of the Executive for which due notice has been given.

 

• Five members shall form a quorum of the Executive.

 

 

15. QUORUM FOR MEETINGS OF COMMITTEE

 

• Eight members of the Committee including delegates from not less than five affiliated bodies of sport in the Country shall form a quorum of the Committee. In the event of a quorum not being present within an hour of the time fixed for a meeting of which due notice shall have been given, the meeting stands adjourned for a period of two weeks at the same time and place. If at such adjourned meeting a quorum is not present, and then the Chairman shall conduct the meeting with those members present. The voting majority shall be as specified in Article 6 (a)(1).

 

 

16. VOTING POWERS

 

• Subject to article 6 each member of the Committee shall be entitled to one (1) vote.

 

• The Chairman shall preside over all executive meetings; in the event of the voting being equal, he shall have a casting vote in addition to his ordinary vote. Voting shall be by a show of hands, except where a secret ballot is requested by one or more persons.

 

17. SPECIAL GENERAL MEETINGS

 

• Special General Meetings of the Committee shall be called by the Executive or upon a requisition signed by any seven members of the Committee. Such requisition stating specifically the reason for calling the meeting shall be sent to the Honorary General Secretary who shall fix a date for the meeting which shall not be more than fifteen (15) days after the receipt of the request. Only the business for which the meeting is called shall be dealt with thereat. Copies of the Minutes of such meeting shall be sent to each affiliated body not later than fourteen (14) days after the holding of the meeting.

 

(b) (i) Immediately after the Annual General Meeting in the year following the celebration of the Games of the Olympiad there shall be convened a General Meeting at which the Election of Officers for the ensuing quadrennial shall be the only item. Copies of the minutes of the meetings at which elections or replacement of members have taken place shall be sent to the IOC. All documents must be certified as true copies by the President and the Secretary General of the Committee.

 

• Each member body or affiliate shall be entitled to be represented by two delegates but shall have only one vote.

 

• The Returning Officer shall have the conduct of the meeting and shall invite nominations and conduct the election of officers.

 

• All nominations shall be in writing and shall be set out on the prescribed form and submitted to the Honorary General Secretary not later than two (2) weeks before the date fixed for the General Meeting.

 

• Outgoing officers shall demit office before the close for the meeting and shall hand over all papers, books, documents pertaining to such office to the incoming officers then or within a reasonable time thereafter.

 

 

 

18. ANNUAL GENERAL MEETINGS

• The Annual General Meetings of the Committee shall be held in Dominica and not less than twenty-one (21) days written notice thereof shall be given to all members of the Committee and to all affiliated Bodies. A copy of the Agenda shall accompany each notice.

 

• The financial year of the Committee shall end on the 31 st December of each year, and the Annual General Meeting shall be held on or before the month of April in the preceding year.

 

• Subject to the provision of Article 6 (a)(1) eight members including delegates from not less than five Affiliates shall form a quorum at the Annual General Meeting.

 

• Each member body or affiliate shall be entitled to be represented at the Annual General Meeting by two delegates but shall have only one vote.

 

 

19. BUSINESS AT ANNUAL GENERAL MEETING

 

• (a) The business of the Annual General Meeting shall be conducted in the following order:-

 

(i) To confirm credentials of Delegates.

 

• To confirm the Minutes of the previous Annual General Meeting and any Special General Meetings.

 

• To receive, consider and if approved adopt the Annual Report of the Executive and the Audited Financial Statements.

 

• To amend, modify or amplify the Constitution of the Committee provided that due notice as hereunder provided for shall have been given.

 

• To appoint members of "Category "B" the Trustees and Auditor.

 

• To consider any other business approved by the Executive.

 

(b) (i) At the Annual General Meeting taking place in the year following the celebration of the Games of the Olympiad, the election of Members-at-Large and Trustees, Honorary Auditor for the ensuing quadrennial.

 

 

 

 

• EXECUTION OF INSTRUMENTS

 

• Contracts, documents or instruments in writing requiring the signature of the Committee may be signed by any two Executive members and all contracts, documents and instruments in writing so signed shall be binding upon the Committee without any further authorisation or formality. The Executive shall have power from time to time by resolution to appoint any officers or persons on behalf of the Committee either to sign contracts, documents and instruments in writing generally or to sign specific contracts, documents or instruments in writing.

 

• The common seal of the Committee may be affixed to contracts, documents and instruments in writing signed as aforesaid or by any officers or persons in paragraph (c) hereof.

 

• Subject to section 136 of the Act, any two Executive members shall have authority to sign and execute (under the seal of the Committee or otherwise) all the instruments that may be necessary for the purpose of selling, assigning, transferring, exchanging, converting or conveying any such shares, stocks, bonds, debentures, rights, warrants or other securities.

 

 

21. LEVIES

 

• The Committee shall be empowered by decisions of the Executive to levy on affiliated bodies for such purposes as it may deem fit, provided that the motion to levy be put on the agenda and not less than ten (10) days written notice is given for the meeting.

 

• Each affiliated body shall pay an annual membership fee as determined by the Committee from time to time and shall become due and payable by 31 st March of each year. Any affiliated body in arrears shall not be eligible to vote or to have its representatives or members at any meetings of the Committee.

 

 

22. BANK ACCOUNT

 

• Such investment accounts or banking accounts as are deemed to be necessary by the Executive shall be opened in the name of the Committee and all cheques, bills of exchange, promissory notes and other documents shall be signed by the President and/or Honorary Treasurer and countersigned by one of the Trustees, or the Honorary General Secretary or other person approved by the Executive.

 

 

 

 

 

23. HONORARY AUDITORS

 

• One Honorary Auditor who shall not be a delegate to the Committee shall be appointed at the Annual General Meeting in the year following the conclusion of the Olympic Games.

 

 

24. ALTERATION TO THIS BY-LAW

 

• No part of the Constitution may be amended, rescinded or altered except at an Annual General or Special General Meeting called for the purpose.

 

• Notice of any proposed alteration shall be sent in writing to the Honorary General Secretary of the Committee at least thirty (30) days before the meeting and the Honorary General Secretary shall forward a copy of such notice containing the proposed alterations to all members of the Committee and also to the Secretaries of all affiliated bodies at least twenty-one (21) days before such meeting.

 

• No alterations of the Constitution shall have effect unless it is passed by a two-thirds majority of those present and voting.

 

• Any subsequent change to the Constitution as originally approved by the IOC shall be communicated to the latter with a request for approval. Copies of the minutes of the meetings at which elections or replacement of members have taken place shall be sent to the IOC. All documents must be certified as true copies by the President and the Secretary General of the Committee.

 

 

25. NOTICE OF MEETINGS

 

• Method of giving Notice: Any notice or document required by the Act, the Regulations, the Articles or the By-Laws to be sent to any member, director or auditor may be delivered personally or sent by prepaid mail or cable or telex to any such person at his latest address as shown in the records of the Committee and to any such director at his latest address as shown in the records of the Committee or in the latest notice filed under section 69 or 77 of the Act, and to the auditor at his business address.

 

• Waiver of Notice: Notice may be waived or the time for the notice may be waved or abridged at any time with the consent in writing of the person entitled hereto.

 

• Undelivered Notices: If a notice or document is sent to a member by prepaid mail in accordance with this paragraph and the notice or document is returned on three consecutive occasions because the member cannot be found, it shall not be necessary to send any further notices or documents to the member until he informs the Committee in writing of his new address.

 

• Signatures of Notices: The signature of any director or officer of the Committee to any notice or document to be given by the Committee may be written, stamped, typewritten or printed or partly written, stamped, typewritten or printed.

 

• Computation of Time: Where a notice extending over a number of days or other period is required under any provisions of the articles or the By-Laws the day of sending the notice shall, unless it is otherwise provided, be counted in such number of days or other period.

 

• Proof of Service: Where a notice required under paragraph 20 hereof is delivered personally to the person to whom it is addressed or delivered to his address as mentioned in paragraph 20 hereof, service shall be deemed to be at the time of delivery of such notice.

 

• Where such notice is sent by post, service of the notice shall be deemed to be effected forty-eight hours after posting if the notice was properly addressed and posted by prepaid mail.

 

• Where facsimile, electronic mail, cable or telex sends the notice, service would be deemed to be effected on the date on which the notice is so sent.

 

• A certificate of an officer of the Committee in office at the time of the making of the certificate as to facts in relation to the delivery or sending of any notice shall be conclusive evidence of those facts.

 

 

26. ARBITRATION

 

• All affiliated National Sports Associations shall submit to the Dominica Olympic Committee for settlement of all disputes/conflicts within their Organisation which such Organisation deem to be unresolved.

 

• The Executive shall: -

 

(i) Within seven (7) days of receipt of the submission appoint such one or more of its members (not exceeding three) to sit as arbitrator(s) to consider the representations of the parties to the dispute/conflict;

 

(ii) Invite the parties to appear before the arbitrator(s) who shall be delivered to the parties within thirty (30) days of the date of receipt of the submission.

• The decision of the arbitrator(s) shall be delivered to the parties within fourteen (14) days of the date of the hearing.

 

• Any decision made by the arbitrator(s) on behalf of the Committee may be submitted exclusively by way of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland which will resolve the dispute definitely in accordance with the Code of Sports- Related Arbitration. The time limit for appeal is twenty-one days after the reception of the decision concerning the appeal.

 

 

27. BY-LAWS

 

(a) The Executive shall have power to pass By-Laws to deal with all matters not covered by the existing laws.

 

 

28. INTERPRETATION OF RULES AND BY-LAWS

 

• The Executive shall have exclusive right to interpret these rules or any by-laws that may be enacted from time to time. The interpretation of any rule or by-laws by a two-thirds majority of the Committee shall be final, and no member may have recourse to any Court of law on any matter arising out of the interpretation of these rules or by-laws.

 

• Where any doubt or dispute shall arise between the Committee and the Executive or the Members concerning the interpretation or application of these rules or any by-laws that may be enacted from time to time, or any omissions or any discrepancies which may exist between these rules or by-laws and the provisions of the International Olympic Committee and the provisions of the Olympic Charter shall prevail.

 

Passed unanimously at the Special General Meeting of the Dominica Olympic Committee held at Roseau on the 6 th day of December 2001.

© 2007 Dominica Olympic Committee. All Rights Reserved.