Brunei Darussalam National Olympic Council

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Council

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Constitution

PREAMBLE

We the National Olympic Council of Brunei Darussalam, an organization belonging to the Olympic movement, duly represented by the undersigned, hereby undertake to respect the provisions of the Olympic Charter and the World Anti-Doping Code and to abide by the decisions of the International Olympic Committee.

We undertake, in accordance with our mission and role at national level, to participate in actions to promote peace and to promote women in sport. We also undertake to support and encourage the promotion of sports ethics, to fight against doping and to demonstrate a responsible concern for environmental issues.
NAME

The Council shall be called the "BRUNEI DARUSSALAM NATIONAL OLYMPIC COUNCIL" or [MAJLIS OLIMPIK KEBANGSAAN NEGARA BRUNEI DARUSSALAM in Malay Language]
INTERPRETATION

In the Interpretation of these Rules and all By-Laws made there under, unless the context otherwise requires;
"Affiliate" means a duly registered national sports association or other body affiliated to Brunei Darussalam National Olympic Council under these Rules;
"Association" means any Association, club, Institution or other body controlling any branch of sport in Brunei Darussalam;
"Committee" means the Committee of Management elected under Rule 15;
"Council" means the Brunei Darussalam National Olympic Council;
"Emblem" means the emblem of the Brunei Darussalam National Olympic Council;
"Officials" means office-bearers elected under Rule 15.
MISSION

To develop and protect the Olympic movement in Brunei Darussalam in accordance the Olympic Charter and if necessary in co-operation with government and non-governmental bodies in the country without contradicting the Olympic Charter.
ROLE
1. To propagate the fundamental principles of Olympism at National Level, within the frame-work of sports activities.
2. The diffusion of Olympism in the teaching programmes of physical education in schools and universities in the country.
3. To establish institutions like a National Olympic Academy, National Sports Museum and Cultural institutions related to Olympic movement in order to devote themselves for Olympic Education in the country.
4. To ensure and to observe the Olympic Charter in Brunei Darussalam.
5. To encourage the development of sports including Olympic Sports and non-Olympic Sports at all levels in Brunei Darussalam.
6. Help the training of sports administrators and sports officials for all sports in Brunei Darussalam.
7. To commit itself to take action against any form of discrimination in sport on the basis of race, religion, politics, sex or otherwise and also against any form of violence in sports.
8. To adopt and implement World Anti Doping Code, thereby ensuring that the Council anti-doping policies and rules, membership and/or funding requirements and results management procedures conform with the World Anti Doping Code and respect all the roles and responsibilities for NOCs that are listed within the World Anti Doping Code.
9. Work towards maintaining a harmonious co-operation and relation, with the government or its' agencies while maintaining its own autonomy as well as resisting any form of pressure on political, religious or economic grounds, that may prevent it from complying with the Olympic Charter.
OBJECTS

The objects of the Council shall be:
1. To promote and encourage the general interest of sports and recreation in Brunei Darussalam.
2. To act as coordinating body for all sporting and recreational organizations in Brunei Darussalam and to work in co-operation with private or governmental bodies concerning the promotion of sound sports policy.
3. To co-operate with National Olympic Council or such organization in other countries in all matters to the general interest of sports and in particular in the organization of international competitions, but not so as to limit any way the activities of existing associations.
4. To plan, select, train and administer Brunei Darussalam teams or organization whether representing Brunei Darussalam or as part of a joint team of organization with any other country or countries, and for the purpose to be affiliated to International Olympic Committee, the Commonwealth Games Federation, the Olympic Council of Asia, the South-East Asian Games Federation, and any other organization of a like nature.
5. To set qualifying standards for Individuals or teams for participation in competitions under the auspices of the organizations specified in paragraph (d] above;
6. To raise and administer, any funds of the Council for the furtherance of the objects of the Council;
7. To be completely independent and autonomous and shall resist all political, religious or commercial pressure;
8. To do all such other lawful acts and things as are incidental or conducive to the attainment of the above objects or any of them.
AUTONOMY

"In order to fulfil their mission, the NOCs may cooperate with governmental bodies, with which they shall achieve harmonious relations. However, they shall not associate themselves with any activity which would be in contradiction with the Olympic Charter. The NOCs may also cooperate with non-governmental bodies."(Rule 28.5)" The NOCs must preserve their autonomy and resist all pressures of any kind, including but not limited to political, legal, religious or economic pressures which may prevent them from complying with the Olympic Charter." (Rule 28.6)
MEMBERSHIP
1. Ordinary Membership
2. Associate Membership
3. Ex-Officio Membership
4. Government or other public authorities shall not designate any members of the Council. However, the Council may decide, at its discretion, to elect as members representatives of such authorities, if found necessary.
5. Except those who are involved in the administration of the Council, no member shall accept any salary or bonus of any kind in consideration for performance of their functions.
6. A Member, or Honorary Member, expelled from the IOC will automatically be expelled from the Council also.
CONSTITUTION

The Council consists of associations affiliated to the Council.
AFFILIATION
1. An application for affiliation to the council shall be made in writing, in accordance with Form I in the Appendix to these Rules and signed by the Secretary General or other responsible official of the applicant body and forwarded to the Secretary General of the Council.
2. The application for affiliation shall constitute an agreement by the applicant body and by every constituent official and affiliate or member therefore to be subject to and bound by these Rules and By-Laws made there-under.
3. Application shall be considered by the committee who may accept either unconditionally or on such terms as it deems fit or reject the same without assigning any reasons for its decisions, provided always that not more than one associate shall be affiliated in any one branch of sport.
DUTY OF AFFILIATE

An affiliate shall take necessary and proper steps to obtain the consent and acquiescence of all its constituent officials and affiliates or members to being bound by these Rules and any By-Laws made there-under.
NOTICE OF AFFILIATION

Immediately upon election, notice thereof shall be given to the affiliates and it shall be furnished with a copy of these Rules and By-Laws made there-under.
SUBSCRIPTION

An affiliate shall pay an annual subscription of $100.00 and such other contribution as the Committee may from time to time determine. In determining such contribution the Committee shall have power to decide on the manner in which and/or the amount which each affiliate shall be called upon to contribute.
EFFECT Of CEASING TO BE MEMBERS

If any member or associate member fails to pay its subscription within one month after the same become payable, the Secretary General of the Council shall send a notice by registered post to such member calling for payment within 30 days from date of receipt of such notice by such member, and if payment not made within that period, then such member shall be treated as a defaulter and its membership shall automatically be terminated accordingly and all its rights and interests [if any] in the funds and properties of the Council shall be deemed to have been forfeited to the Council.
MANAGEMENT

The Council shall be managed by a committee to be called the Committee of Management which shall be elected every 4 years during Elective General Assembly, consisting of the following, office-bearers:
1. A President
2. A Deputy President who shall be the (Minister in-charge of Sports)
3. Four Vice Presidents (Finance, Sponsorship and Marketing of Games and Activities, Sports Development, and, Media and Public Relation)
4. One Secretary General
5. One Assistant Secretary General
6. One Honorary Treasurer
7. Women's Representatives
8. Athletes Commission; and
9. Ten Committee members elected from Ordinary Members
  The voting majority of the Committee of Management shall consist of the votes cast by the representatives of the national federations affiliated to the International Federations governing sports included in the programme of the Olympic Games.
DUTIES OF OFFICE-BEARERS
1. The President shall be preside at all general meetings of the Council and all meetings of the Management Committee and shall be responsible for the proper conduct of all such meetings. He shall have a casting vote.
2. In the absence of the President, the Deputy President shall preside at such meeting. In the absence of the President and the Deputy President, one of the Vice-Presidents shall preside
3. The Secretary General shall conduct the business of the Council in accordance with its rules, and shall carry out the instructions of the general meeting and of the Committee. He shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and financial records
4. The Assistant Secretary General shall assist the Secretary General in carrying out the above mentioned duties. He shall carry out the full duties of the Secretary General on the letter's absence and in the event of a vacancy arising from any cause what so ever the vacancy shall be filled by the Management Committee
5. The Honorary Treasurer shall be responsible for the finance of the council. He shall keep accounts of all its financial transactions and shall be responsible for their correctness. After the end of each financial year he shall prepare a statement of receipts and payments and a balance sheet for audit
DURATION OF OFFICE

The President and office-bearers shall hold office for four years or until the next Elective General Assembly and, except the Committee members who are elected under Rule 15 [ix.], shall be eligible for re-election. No ordinary member shall have more than one of its representatives elected to the office-bearers.
NOTICE OF MEETINGS

At least seven [7] days' written notice shall be given for Committee meetings. The President may direct that a meeting be called at less than seven days' notice
ABSENT AT MEETING

Any official of the committee absenting himself from three consecutive meetings without an explanation satisfactory to the committee, ceases to be a member there of
POWERS

The committee, subject to the provision of these Rules, shall have the power to:
- Carry out the objects of the Council
- Fill any vacancy in its body and any vacancy in the office of auditor
- To invite a suitable person to be Patron-in-Chief
- Appoint and remove patrons
- Appoint Sub-Committee or Boards as from time to time considered advisable
- Enlist the service of or employ any person for the purpose of carrying out any business of the Council for the attainment of its objects
- Apply or expand the funds of the Council in such manner as it deems expedient
- Expel or remove any affiliate subject to an appeal to the Council as hereinafter provided or take such disciplinary action as may be deemed necessary
- Appoint, remove, dismiss and at its discretion remunerate such employees as it deems expedient
- Enter into contracts for the purpose of and incidental to the carrying out of the objects of the Council
- Frame by-laws, regulations and/or standing orders not inconsistent with these Rules
- Act in any manner deemed expedient should the occasion arise for which provision is not made in these Rules or by-laws made thereunder
OBLIGATION
- The Council is obliged to participate in the Games of the Olympics by sending Athletes
- The Council shall constitute organise and lead its delegation to the Olympic Games, and at the regional continental or world level multi-sports competitions patronised by the IOC
- The Council shall be responsible for the behaviour of its delegation referred above
- The Council may take part in activities led or patronised by the IOC and help in the development of Olympic movement
- The Council shall assist at local level, the implementation of IOC programmes including Olympic Solidarity programmes
- The Council at all circumstances will try to adhere to the Code of Ethics as provided in the Olympic Charter
EXCLUSIVE POWERS
1. The Council has the exclusive power to represent the country Brunei Darussalam at the Olympic Games and at the regional, continental or world level multi-sports competitions patronised by the International Olympic Committee
2. The Council has the authority to select and designate the city in its territory which may apply to organise the Olympic Games or any multi-sports competition on regional, continental or world level.
FLAG EMBLEM & ANTHEM

The flag, emblem and anthem adopted by this council for its use in relation to its activities, including the Olympic Games must be approved by the Executive board of the International Olympic Committee.
OLYMPIC GAMES

Athletes representing this Council and participating in the Olympic Games will undertake to respect the Olympic Charter, in particular but not limited to Rules 38 and its Bye-Law as well as Rule 45 and its Bye-Law.
COURT OF ARBITRATION FOR SPORT
1. Any decision made by Brunei Darussalam National Olympic Council the highest internal competent organ / authority, may be submitted exclusively by way of appeal to the Court of Arbitration for Sport, in Lausanne, Switzerland, which will resolve the dispute definitively 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.
2. Any dispute arising between the Brunei Darussalam National Olympic Council in connection with the Olympic Games shall be submitted to the Court of Arbitration for Sport in Lausanne, Switzerland, which will resolve the dispute definitively in accordance with the Code of sports-related arbitration.
3. Any decision made by Brunei Darussalam National Olympic Council further to a doping offence shall be submitted exclusively by way of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland, which will resolve the dispute definitively 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.
GENERAL POWERS TO DEAL WITH BREACHES OF RULES

Where any breach of these Rules or by-laws made thereunder has occurred, the Council shall have power to enquire into such breach itself of by a sub-committee appointed for the purpose. Upon any such enquiry, the Council may direct the offending affiliate or person to be cautioned, expelled from the Council or dealt with in any manner thought fit by the Council.
APPEALS
1. Any affiliate expelled or removed by the Council under Rules 14 or 20 may appeal from such decision to an Extraordinary General Meeting to be called in accordance with Rule 31, provided that written notice thereof be received by the Secretary General within fourteen days of the date of the decision against which such appeal is made.
2. On receipt of a notice of appeal by the Secretary General, the consequences of the decision appealed against shall be suspended 'pending the result of the appeal.
GENERAL MEETINGS
1. ORDINARY GENERAL ASSEMBLY
  
  An Ordinary General Assembly of the members of the National Olympic Council shall be held at least once a year to discuss matters of importance.
  
  In particular, the agenda of the annual meeting of the ordinary General Assembly shall include the following items:
  1. Confirmation of the minutes of the previous General Meeting;
  2. Consideration of matters arising out of the said minutes;
  3. Presentation and adoption of the annual reports of the Council and the passing of the audited statement of accounts of the preceding financial year;
  4. Election of an Auditor or Auditors; [NB: They may also be elected for a longer term than one year. It is up to your NOC to decide]
  5. Consideration of any resolutions of which due notice in writing shall have been given as hereafter provided;
  6. Transaction of any other business arising In accordance with the objects and Rules of the Council.
2. QUADRENNIAL GENERAL MEETING [ELECTIVE GENERAL ASSEMBLY]
  
  A quadrennial elective General Meeting shall be held on a date not more than four years from the date of the last quadrennial elective General Meeting or as soon thereafter as practicable [NB: preferably after each edition of the Games of the Olympiad (e.g. within 3 or 6 months after the Games, however we leave it up to your NOC to decide], upon a date and at a time to be fixed by the Committee for, in particular, electing the members of the committee as are required under the provisions of these Rules.
  
  Certified copies of the minutes of such meetings where elections or replacements have taken place shall be forwarded to the International Olympic Committee also.
  1. Confirmation of the minutes of the previous General Meeting;
  2. Consideration of matters arising out of the said minutes;
  3. Presentation and adoption of the annual reports of the Council and the passing of the audited statement of accounts of the preceding financial year;
  4. Election of an Auditor or Auditors; [NB: They may also be elected for a longer term than one year. It is up to your NOC to decide]
  5. Consideration of any resolutions of which due notice in writing shall have been given as hereafter provided;
  Transaction of any other business arising In accordance with the objects and Rules of the Council.
  1. To confirm minutes of the previous QUADRENNIAL General Meeting.
  2. To consider matters arising out of the said minutes.
  3. To adopt the Biennial Report of the Council and the passing of the audited statement of accounts of the preceding financial year or years;
  4. To elect members of the committee as are required under the provisions of these Rules;
  5. To elect an Auditor or Auditors;
  6. To consider any resolutions of which due notice in writing shall have been given as hereafter provided; and
  7. To transact any other business arising In accordance with the objects and Rules of the Council.
  The members of the executive organ of the Council shall be renewed at least every four years during a meeting of the General Assembly, the agenda of which includes such a renewal. Certified copies of the minutes of such meetings where elections or replacements have taken place shall be forwarded to the International Olympic Committee also.
Notice of General Meeting (ordinary and/or elective)

The Secretary General shall at least 30 days before the General Meeting (ordinary and/or elective), send to every member of the Council, a written notice of such meeting stating the date and time when and the place where it will be held and the audited statement of accounts for the previous year shall also be sent with the notice of meeting and business that will be brought before it. No business other than the business of a formal nature shall be brought (forward) at such meetings unless 14 days notice thereof shall have been duly given to the Secretary General.
NOTICE OF RESOLUTION

Any person desirous of moving any resolution at the General Meeting (ordinary and/or elective) shall give thereof in writing to the Secretary General at least one month before the date of the meeting.
EXTRAORDINARY GENERAL MEETING
1. The Committee may at any time for any special purpose call an Extraordinary General Meeting or shall do so forthwith upon the signed requisition of half of the members entitled to attend and vote at such meeting when called. No Extraordinary General Meeting shall be convened for the same purpose within the following six months.
2. Any business which is stated in the agenda approved by the President or Deputy President and is stated in the requisition of which at least 30 days notice before the meeting shall have been given to the Secretary General of Council may be considered at the meeting. The President or the Deputy President may allow shorter notice if in his opinion the shortening of such notice is expedient and is in the interest of the Council.
QUORUM
1. A quorum of a meeting of the Committee shall be at least one third of the voting membership of the Committee. A Quorum of the Council Meeting whether ordinary, extraordinary or elective shall be at least one half of the ordinary membership of the Council.
2. If there is no quorum after half an hour has passed after the time fixed for the meeting of the council, the meeting shall stand adjourned for at least one week, and the time, date and place of the adjourned meeting shall be notified to members within 3 days of the adjournment.
DELEGATES
1. Each affiliate, or body entitled by these Rules to appoint delegates, shall in writing nominate a maximum of three persons to be such delegates. These representatives shall be entitled to attend and vote at all General Meetings of the council, whether ordinary, extraordinary or elective and each representative shall be entitled to one vote. Notification of such nomination of the delegates who desire to attend the meeting shall be handed to the Secretary General before the commencement of the meeting.
2. Any Delegate so nominated shall continue to be the delegate of such affiliate or other body until notice in writing that he is no longer a delegate has been lodged with the Secretary General. Any affiliate may in writing addressed to the Chairman of a meeting appoint a substitute for that meeting. Only such delegate or substitute so nominated or appointed shall be entitled to vote at meetings.
3. If a representative of an ordinary member is unable to be present at any meeting of the Council, the member concerned shall be entitled to nominate a substitute to attend such meeting in the place of its representative.
4. MEETING
  1. Only one National Association affiliated to its International Federation for each sport will be recognized at any meeting of the council.
  2. However, the voting majority of the council and its executive committee shall be made up of representatives of those sports associations which are affiliated to the International Federations governing the sports that are included in the programmer of the Olympic Games.
  3. When dealing with questions relating to Olympic Games only the votes cast by the Executive Committee and representatives of National Associations affiliated to International Sports Federations of sports included in the Olympic programme will be taken into consideration.
CONDUCT OF MEETING
1. At all General Meetings whether ordinary, extraordinary or elective and at all Committee Meetings, the President, or in his absence, the Deputy President shall preside. In the absence of the President or the Deputy President, one of the Vice-Presidents present at the meeting shall be nominated by the meeting to preside.
2. The Chairman shall have a second or casting vote.
  Each person entitled to attend and vote shall be entitled to only one vote, even though he may attend in more than one capacity.
3. A resolution put to vote at the General Meetings whether ordinary, extraordinary or elective and the Committee Meetings shall unless otherwise provided by the Rules, be decided by simple majority of votes. A declaration by the Chairman of the meeting that a resolution has been carried or carried by a particular majority or lost or not carried out by a particular.
FINANCE AND ACCOUNT
1. The account of the Council shall be examined and audited at least once in every twelve months by the auditor or auditors elected at each [Ordinary or Quadrennial: up to your NOC to decide] General Meeting and circulated to all members.
2. The financial year of the Council shall be from 1st of January to the 31st December of the same year.
3. The authorizing for expenditure from the funds of the Council shall be vested in the Committee.
TRUSTEE

Any immovable properly of the council shall be vested in three (3) Trustees appointed by the Committee and the power of appointing new Trustee shall be vested in the committee.
AMMENDMENTS TO RULES

Amendments to the Rules shall be made by a resolution at the ordinary or extraordinary General Meeting, provided no such a resolution shall be deemed to have been passed unless it be carried by majority of at least two thirds of the votes recorded at the meeting.
INTERPRETATION OF RULES

In case of any dispute regarding the interpretation of these Rules or any clause thereof, the decision of the Council shall prevail.
STATUTES OF THE COUNCIL
1. The Statutes of this Council shall at all times be in accordance with the Olympic Charter and refer expressly to it. If there is any doubt as to the implication or interpretation of the statutes of the council or it there is a contradiction between the statues and the Olympic Charter; the Olympic Charter takes precedence.
2. Any subsequent change to this Statutes as originally approved by the International Olympic Committee shall be also be communicated to the International Olympic Committee for approval.