Yachting Association of India

1. NAME : The name of the Association is Yachting Association of India (hereinafter referred to as “YAI” or “the Association”)

2. OBJECT: The object of the YAI is the promotion of the sport of yachting. The Yachting Association of India is the apex body for yachting in the country.

3. CLASSES OF MEMBERSHIP:

(a) Membership of the YAI shall be open to all Clubs, Class Associations, State Yachting Associations, (hereinafter referred to as “Member Clubs”) within the territories of the Indian Union having as one of their main objects the promotion of the sport of yachting.

(b) Any person interested in the sport of yachting shall be eligible to become an Associate Member in any one of the following categories:-

(i) Life Associate Member

(ii) Annual Associate Member

(iii) Annual Junior Associate Member (Annual Junior Associate Member is restricted to persons below the age of 18 years of age)

(iv) Honorary Members (as decided by the YAI Council from time to time).

4. ADMISSION TO MEMBERSHIP:

(a) Every application for membership as a Member Club shall be submitted on the appropriate form to the Hony Secretary General furnishing such particulars as may be required by the Council. The application shall be proposed and seconded by Member Clubs of the YAI.

(b) The Council shall have full authority to accept or reject any application for membership as a Member Club without assigning any reasons therefore. The decision shall be taken by a simple majority in the Council.

(c) The Honorary Secretary General will intimate to the proposer whether or not the membership has been granted.

(d) Individuals interested in the sport of yachting may apply for admission to any category of Associate Membership. His/her application has to be proposed and seconded by Life Associate Members.

(e) The Honorary Secretary General will approve or reject the grant of any type of Associate Membership. The Honorary Secretary General thereafter will inform the proposer whether or not the membership has been granted.

(f) Clubs or other organisations elected to membership, or individuals elected to associate membership shall be deemed members of the YAI only:-

(i) After their membership application has been approved and

(ii) Their entrance fee and first annual subscription has been received ,and

(iii) Their membership application is accompanied by evidence that their constitution includes a provision for arbitration in the event of disputes similar though not necessarily identical to those contained in clause 26 of this Constitution . If no such evidence is available the Council may waive such requirement on receiving an undertaking from the Club or other organization that it will procure an amendment to its constitution to that effect within a period of six months.

5. ENTRANCE FEES/SUBSCRIPTION: RATES OF FEES:

(a) The entrance fee to the YAI, which is payable on application, shall be as follows:

(i) State Yachting Association - Rs. 3000/-

(ii) Class Associations - Rs. 3000/-

(iii) Clubs - Rs. 2000/-

(iv) Life Associate Members - Rs. 2000/-

(b) Annual Subscriptions payable by Member Clubs/associate members are as follows:-

(i) State Yachting Association - Rs. 3000/-

(ii) Class Associations - Rs. 3000/-

(iii) Clubs - Rs. 2000/-

(iv) Life Associate Members - Nil

(v) Annual Associate Members - Rs. 1000/-

(vi) Honorary Members - Nil

(c) All subscriptions payable to the YAI shall become due on 1st April. In the case of a new member Club/associate members, the subscription shall be payable within two months of election and shall cover the remainder of the current financial year.

(d) Fine for late payment of yearly subscription by Clubs, State and Class Associations for the year will be as follows:-

(i) Payment after 30th April and before 30th Sep, 50% of subscription due.

(ii) After 30th Sep 100% of subscription due

(iii) The Council shall have the right to revise the rates of entrance fee/subscription.

6. CESSATION OF MEMBERSHIP:

(a) Any member club/associate member, desirous of retiring from the YAI shall notify its/his intention in writing to reach the Honorary Secretary General on or before the 31st March, otherwise it/he shall be liable to pay the subscription for the following year.

(b) Any member club/associate member adjudicated bankrupt shall ipso facto cease to be a Member provided that it shall be at the discretion of the Council to reinstate it/him/her as a Member if they shall think fit.

(c) The General Body may, for sufficient reasons, at any time cancel the membership of any member provided that no such action shall be taken before giving the party concerned a chance to be heard.

(d) The Council may cancel the membership of any member club/associate member whose subscription remains unpaid for more than one year after the same becomes due, provided that it shall be at the discretion of Council to reinstate it as a Member if they shall think fit.

7. PRIVILEGES OF MEMBERSHIP:

(a) All member clubs/associate members shall be entitled to receive all publications of the Association on such payment as may be determined by the Secretariat.

(b) All member clubs/associate members shall be entitled to participate in any regatta or sailing races held in India by other member clubs subject to the rules and conditions framed by the member club under whose burgee the regatta or sailing race is held.

(c) All Member Clubs and Life Associate Members shall be entitled to receive notice of, and to attend, General Body meetings of the Association.

8. OFFICERS OF THE YAI:

(a) The Officers of the YAI shall consist of :

(i) President

(ii) One Vice President

(iii) Honorary Treasurer

(iv) Honorary Secretary General

(v) Honorary Joint Secretary General

(b) The Officers shall be elected/appointed in the following manner:

(i)    All members of the YAI shall be elected by member clubs, except the Chairman Selection Committee, the Honorary Secretary General and one prominent sportsperson who shall be appointed by the President of the YAI.

(ii) The Honorary Secretary General and the Honorary Joint Secretary General shall be appointed by the President of the YAI.

(c) The term of office of the Officers of the YAI will not exceed 4 years.

(d) No office bearer shall hold the office for more than two consecutive terms.

(e) Each member club shall be entitled to propose one candidate for each of the elective office of the Association.

(f) Election of office bearers may be carried out either at General Body meeting or by postal ballot, as decided by the Council. The Honorary Secretary General shall send a notice to each member club inviting proposals for the post(s) of office bearer(s). The notice shall indicate whether the election is to take place at a General Body Meeting or by postal ballot.

(g) In case the election is to take place at a General Body Meeting, the names of the candidate(s) if any, shall be communicated by the Member Clubs to the Honorary Secretary General so as to reach him before the General Body Meeting. At the General Body Meeting, Member Clubs may vote in person or by proxy, or by indicating their preference in writing. Voting at a General Body Meeting for any of the elective offices of the YAI shall be by secret ballot.

(h) In case the election is to take place by postal ballot, the following procedure shall be followed:

(i) The name of candidate(s) if any shall be communicated by the Member Clubs in writing to the Honorary Secretary General within 30 days of dispatch of the Notice calling for election of any of the elective offices.

(ii) If there is more than one candidate for any of the elective offices, then the Honorary Secretary General or the Honorary Joint Secretary General shall send to the Member Clubs a ballot paper by post.

(iii) The Member Clubs will return the ballot paper duly filled in within 30 days of dispatch of postal ballot.

(j) Any post of office bearer falling vacant during a term shall be filled for the remainder of the term by postal ballot.

(k) All officers of the YAI shall be Life Associate Members of the YAI.

(l) The President shall have the power to appoint one or more Secretaries and one or more Assistant Secretaries and Treasurers to assist the Honorary Secretary General, Honorary Joint Secretary General and Honorary Treasurer respectively. The Assistant Secretary and Assistant Treasurers shall not be considered as “Officers” of the YAI.

9. THE COUNCIL:

(a) The affairs of the YAI shall be managed by the Council.

(b) The Council shall consist of the following:-

(i) The President; the Vice President; the Treasurer; the Chairman Sailing & Club Development Committee; the Chairman Youth Classes Committee; the Chairman National (Asian Games & Olympic) Classes Committee; the Chairman Offshore & Motor Boating Committee; the Chairman National Classes Committee; the Chairman Sailing Performance Development Committee; the Chairman Events Committee; the Chairman Fund Raising & Publicity Committee; Chairperson Women’s Sailing Committee; and appointed members as per clause 8 above.

(ii) Duly appointed alternates may attend and vote at Council meetings only during the absence of their principal, with the approval of president YAI.

(iii) The Chairman of the Selection Committee and the Honorary Secretary General shall also be members of the Council without voting rights.

(iv) The Council may co-opt upto 1 advisor from amongst prominent sportspersons. The tenure of such an advisor shall be of two years and he / she shall not hold office for more than two consecutive two year terms. Such co-opted member shall have no voting rights.

(c) Only Life Associate Members of the YAI shall be eligible for election to or to serve on, the Council and/or on any of the Committees approved by the Council.

(d) The decisions of the Council will be final in all matters concerning the YAI.

(e) The composition the three Classes Committees at Article 9 (b)(i) shall be as follows: -
(i)   National (Asian Games & Olympic) Classes Committee – will comprise of all Asian Games & Olympic Class Associations affiliated to the YAI, except Youth Classes.
(ii)  National Classes Committee – will comprise of all other Class Associations affiliated to the YAI, except Youth Classes.
(iii) Youth Classes Committee – will comprise of all Youth Class Associations affiliated to the YAI viz the National Optimist Class Association of India and the 420 Class Association of India.
(iv)  The Presidents of all affiliated Class Associations governing more than 50 boats in the country shall only be eligible for elections as per the groupings made above. The composition of the Classes will be reviewed by the Council every 04 years. 
(v) Match Racing in India shall be represented, through a Committee to be established under the Chairman National (Asian Games & Olympic) Classes Committee.

10. DUTIES OF THE COUNCIL:

(a) The Council shall manage the affairs of the YAI according to the Rules and shall take such steps as they may consider desirable for the promotion of the sport of yachting.

(b) The Council shall apply the funds of the YAI towards the objects of the YAI or to such other purposes as they shall deem expedient in the interest of yachting.

(c) The Council shall cause proper books of accounts to be kept of the assets of the YAI and shall present at the Annual General Meeting each year a duly audited Income and Expenditure Account and Balance Sheet.

(d) The Council may appoint such committees/sub committees as they may deem necessary, and may delegate to them such of the powers and duties of the Council as they think fit.

(e) The Council may meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit.

(f) The Council may invite persons of eminence to be Patrons of the YAI.

11. PROCEEDINGS OF THE COUNCIL:

(a) All matters may be dealt with by correspondence with the Council members by the Honorary Secretary General/Honorary Joint Secretary General (except when the Council is to meet) and the decisions received from members of the Council will be submitted to the President by the Honorary Secretary General /Honorary Joint Secretary General. The President shall arrive at the final decision through simple majority of the decisions conveyed by the members.

(b) The President, or in his absence one of the Executive Vice Presidents, shall take the Chair at the meetings of the Council. If neither the President nor the Executive Vice Presidents shall be present at any meetings within fifteen minutes after the time appointed for holding the same, the members of the Council present shall choose one of their members to be Chairman of such meeting.

(c) The Council shall meet for any special business at the request of at least five of its members who shall also notify the Honorary Secretary General of the nature of business to be dealt with.

(d) At all meetings of the Council, five members (of those entitled to vote) shall form a quorum.

(e) The Council shall cause proper minutes to be made of all proceedings of the Council.

12. DUTIES OF OFFICERS OF THE YAI AND OF OTHERS:

(a) PRESIDENT:The President shall preside at all meetings of the YAI and perform such other duties as may be delegated to him by the Council.

(b) EXECUTIVE VICE PRESIDENT : The Executive Vice Presidents shall perform such duties as are allotted to them by the President and one of them shall preside at all meetings of the General Body and of the Council during the absence of the President.

(c) HONORARY SECRETARY GENERAL : The Honorary Secretary General shall keep a true record of the proceedings of all meetings of the General Body and of the Council in a book provided for the purpose. He will perform such duties as are delegated to him by the Council/the President. Unless determined otherwise by the Council/the President, he will be by and large responsible for the conduct of the YAI Secretariat (s).

(d) HONORARY JOINT SECRETARY GENERAL : The Honorary Joint Secretary General will assist the Honorary Secretary General and will officiate for him during his absence as directed by the Honorary Secretary General. The Honorary Secretary General may delegate some of his functions to the Honorary Joint Secretary General.

(e) HONORARY TREASURER: The Honorary Treasurer (s) shall collect and receive all moneys due to the YAI and deposit the same in the name of the YAI in such banks as may be decided by the Council. He shall pay all accounts contracted by the YAI and keep an accurate statement of receipts and expenditure in book or books provided for that purpose. He shall present at each Annual General meeting of the YAI a statement of receipts and expenditure of the YAI and of the funds in his control. The Honorary Treasurer shall also be responsible for:

(i) Producing a consolidated annual budget

(ii) Ensuring that each permanent Committee (and if need be other committee/sub committees) of the YAI submits its budget.

(iii) Controlling and co-ordinating expenditure so that it remains within the consolidated annual budget and within the annual budgets submitted by each Committees/sub Committee of the YAI.

(f) ASSISTANT SECRETARY/ASSISTANT SECRETARIES: The Assistant Secretary/Secretaries shall assist the HSG/HJSG in the performance of their duties.

(g) ASSISTANT TREASURER (S): The Assistant Treasurer (s) shall assist the Honorary Treasurer in the performance of his functions.

(h) The Honorary Secretary General shall have the authority to incur financial liability for day to day expenditure. Any expenditure involving policy change shall require the prior approval of the Council.

13. SECRETARIAT (S) :

The Secretariat (s) of the YAI shall be located in such place or places as may be decided by the Council as required for the efficient running of the YAI and achieving its objectives.

14. GENERAL MEETINGS:

(a) The General Meeting of the YAI shall be held each year on such day and at such time and at such place in India as the Council may determine. Notice of any resolution/nomination to be proposed at this meeting shall be sent to the Honorary Secretary General within 10 days of the receipt of Notice calling for a General Meeting.

(b) The Council may call a special General Meeting whenever they consider such a course necessary. Upon the requisition, in writing, of five Member Clubs entitled to attend and vote at a General Meeting, the Honorary Secretary General shall call a special General Meeting to consider such matters as shall be stated in the requisition.

(c) Thirty days notice at least of any General Body Meeting (including Special General Meeting) shall be given to each member club/associate member. Such notice shall specify the place, the day and the hour of the Meeting and the general nature of the business to be transacted, and may be accompanied by voting papers for use in the event of a pool being demanded.

15. PROCEDURE AT GENERAL MEETINGS:

(a) At all General Meetings the Chair shall be taken by the President, or in his absence by one of the Executive Vice Presidents. If neither the President nor the Executive Vice President shall be present within fifteen minutes of the time appointed for holding the meeting, the Member Clubs present shall choose one of those present to take the Chair.

(b) No business shall be transacted at any General Body Meeting unless a quorum is present when the Meeting proceeds to business. For all purposes the quorum shall be member clubs personally present and entitled to vote not being less than ten. If within half an hour from the time appointed for the meeting a quorum be not present, the Meeting if convened upon the requisition of , or by, Member Clubs shall be dissolved and in any other case it shall stand adjourned to the same date and the same place in the month following. At any such adjourned Meeting the members present and entitled to vote, whatever their number, shall have power to decide upon all matters which could properly have been disposed of at the Meeting from which the adjournment took place.

(c) The Chairman, may with the consent of the Meeting, adjourn any General Meeting from time to time and from 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.

(d) Every question shall be determined by a simple majority of votes unless otherwise expressly provided by these rules.

(e) A resolution put to vote of the Meeting may be decided by a show of hands, unless before or upon the declaration of the show of hands a poll be demanded by the Chairman or by at least five persons present and entitled to vote at the meeting. Unless a poll be so demanded, a declaration by the Chairman that a resolution has on a show of hands been carried, or carried unanimously or by a particular majority, shall be conclusive and an entry to that effect in the minute book shall be conclusive evidence thereof.

(f) If a poll be demanded in the matter aforesaid, it shall be taken at such time and place and in such manner as the Chairman may direct and the result of poll shall be deemed to be the resolution of the meeting at which the poll was demanded. Member Clubs who were not present at an original meeting shall be entitled to attend and vote at an adjournment thereof.

(g) In the case of equality of votes, either on a show of hands or on poll, the Chairman of the Meeting shall be entitles to a further or casting vote.

(h) The demand of a poll shall not prevent the continuance of the transaction of any business other than the question (s) on which a poll has been demanded.

16. VOTING POWER AT GENERAL MEETINGS:

(a) Every Member Club shall be entitled to one vote. Associate Members shall not be entitled to vote.

(b) A Member Club shall be entitled to depute one or more representative to attend on its behalf the General Body or other meetings of the YAI but shall appoint only one of them by name to exercise all its rights of voting. Production of written authorisation by the Member Club or of the voting papers or paper issued to a member club which is entitled to vote at a General Meeting of the YAI shall be deemed to be due authorisation to the bearer to vote on such Member Clubs behalf at the meeting.

(c) A Member Club may vote by proxy, a Member Club may also send its views in writing (so as to reach the Honorary Secretary General on or before the General Meeting) on any time of business to be transacted at a General Meeting, which shall be considered for the purpose of counting the votes.

(d) Voting at General Body Meetings for any of the elective offices of the YAI shall be by a secret ballot.

17. PROCEDURE ON BALLOT

(a) One ballot paper shall be sent to a Member Club in respect of each vote to which the Member Club is entitled.

(b) Properly completed ballot papers received by the Honorary Secretary General not later than the time fixed for the General Meeting at which the result is to be declared shall alone be taken into account.

(c) Where a vote is taken by postal ballot, the properly completed ballot papers must reach the Honorary Secretary General within the time period stipulated.

18. RACING RULES:

The YAI shall adopt as a national code of Racing Rules those of the International Sailing Federation subject to the special provisions stipulated by the YAI where latitude is allowed to such modifications as local conditions may render necessary.

19. APPEALS:

Appeals from Member Clubs and Associate Members etc shall lie on a protest under the Racing Rules to the Yachting Association of India.

20. RELATIONSHIP BETWEEN YAI & MEMBERS:

(a) YAI shall be responsible for overall co-ordination of the sport of sailing in the country and for activities involving various members.

(b) YAI shall be responsible for international competitions like Olympics, Asian Games, Asian Regattas Commonwealth Games, Regional Regattas and other regattas of the some type.

(c) Class Associations shall be by and large autonomous for the conduct of class activities, meets involving their own class and class championships held in India and abroad.

21. THE RELATION BETWEEN YAI, IOA & ISAF:

YAI shall be guided generally by the statutes, rules regulations, by-laws, directions and instructions issued from time to time by ISAF as relating to the conduct of yacht racing and by IOA relating to general administration.

22. NOTICES:

A notice or any other document may be served by the YAI upon any Member Club/Association Member, either directly or by sending it through the post addressed to such Member Clubs/Associations Members at its last known address but the accidental omission to give such notice or other documents or the non receipt of such notice or other document by any such Member Club/Association Member shall not invalidate any resolution passed or election concerned herewith.

23. AUDITORS:

The General Body shall have power to appoint an auditor annually and to fix his remuneration.

24. YEAR:

The financial year of the Association shall be 1st April to 31st March.

25. ANTI - DOPING RULES :

YAI and all its members shall comply with the ISAF Anti-Doping Rules as if such rules were specifically incorporated in this constitution.

26. ARBITRATION:

Any dispute between YAI and one or more of its Members, whether the same are Club Members or Associate Members, or between Club Members or between Club Members and Associate Members, shall be referred to arbitration. Such arbitration shall be conducted by a single arbitrator to be appointed ( in the absence of agreement between the parties to the dispute) the President of the YAI. The arbitration shall be conducted in accordance with the Indian Arbitration Act and the arbitrator shall have power to award costs against one or both of the parties if he sees fit. This Clause shall not apply to disputes arising from the Racing Rules of Sailing , in which case the matter shall be dealt with in accordance with the provisions of those Rules.