
22. DISCIPLINE
22.1 Should any
Member, in the opinion of the National Council, National Management Committee or
his
Member Club Executive Committee, commit any wilful breach of the
Constitution, Rules, Regulations or
Bye-Laws of Nomads, or be guilty of
improper, dishonest, unsportsmanlike or unseemly conduct or of
conduct which is
prejudicial to the interests of Nomads, whether within the bounds of Nomads or
outside
then such Committee shall have the power
22.1.1 To expel such Member, or
22.1.2 To deprive such Member of all or any rights and
advantages of his or her membership during such
time or period as such Committee
in its absolute discretion may deem fit and advisable; or
22.1.3 To call upon such Member in writing through the
Secretary to resign and if he fails to resign within 7
(SEVEN) days of the date
of such request to expel such Member; or
22.1.4 To reprimand such Member.
22.2 Any Member
under suspension , for whatever reason, by their Member Club, shall likewise be
de-barred
from participating in any of the activities of any other Nomads Club
for the duration of that suspension.
22.3
Notwithstanding anything hereinbefore contained, no Member shall be expelled or
suspended for a period
exceeding two months unless and until such Committee shall have given him an opportunity to appear
before it at such time and place as it in its discretion may deem fit, to
explain his or her conduct. At any such
hearing such Committee shall determine
the procedure to be adopted, but such Committee shall have the
power to summon
any Member or any person to appear before it to give evidence for or against
such
Member and any such Member shall have the power to cross-examine any such
witness, and shall have the
power to tender the evidence of any Member or any
other person he may deem fit, and in addition the
following shall apply:
22.3.1 For the purpose of considering the expulsion of a
Member, a quorum of two-thirds of such
Committee shall be present. At least
three-quarters of the votes of those present at such meeting
must be in favour
of the decision.
22.3.2 It shall not be encumbent upon such Committee to state
its reasons for such expulsion, and no
Member shall have cause for action for
alleged wrongful expulsion.
22.3.3 It shall be obligatory on the Member Club to notify all
the other Member Clubs of any membership
which they have been compelled to
terminate or of the resignation of a Member in circumstances
set out above.
22.4 Any Member
expelled as a result of a decision of his Member Club shall be entitled to
appeal against such
decision to the National Council. The appeal by the expelled
Member shall be lodged in writing with the
National Secretary within 14 days of
the decision of his Member Club and shall state such expelled
Member's grounds
of appeal and a copy thereof shall simultaneously be delivered to the Secretary
of his
Member Club. In such event the Secretary of such Member Club shall,
within 30 days of the noting of such
appeal, transmit a copy of the proceedings
of the meeting at which the decision to expel such Member was
taken together
with a résumé of the evidence led, and the findings of the Member Club and its
reasons
therefor, duly certified by the Captain of the Member Club as being a
correct record of the proceedings to
the National Secretary. The National
Secretary shall circularise copies thereof to the Members of the
National
Council to be received by them not later than 30 days before the next annual
meeting of the
National Council. Such appeal shall be adjudicated upon by the
National Council who shall not be
competent to hear additional evidence but who
shall receive argument from such expelled Member and the
Captain of his Member
Club in that order. The expelled Member shall be entitled to a right of reply.
Having
heard such argument the National Council shall allow or disallow such
appeal on a majority vote but the
Member Club of which the expelled Member is a
Member shall have no vote. Pending the outcome of the
appeal, such expelled
Member's membership shall be suspended and all his rights and obligations shall
be
suspended until the decision of the National Council shall be made known. The
decision of the National
Council shall be final and binding.
[ Back ] [ Next ]