Rules and Regulations
1.1.
The name of the
Association shall be the Association of Specialised
Kinesiologists, South Africa (ASKSA).
1.2.
The head office of the
Association will be situated at the office of the National
Secretary.
2.1.
ASKSA is an Association
not for Gain.
2.2.
The Association shall be
controlled by the Regional Committees (RC) and be administered and managed
together with the National Committee. (NC)
3.1.
The Association is, and
shall be, a separate legal entity, with the capacity to acquire rights and
obligations and having perpetual succession.
3.2.
All proceedings at law
shall be brought by, or against, the Association in the name of the Association.
The NC may authorise any person to act on behalf of the Association and
to sign all such documents and to take all such steps as may be necessary in
connection with any such proceedings.
Notwithstanding anything to the contrary herein
contained:
4.1.
The Association is not
formed and does not exist for the purpose of carrying on any business that has
for its object the acquisition of financial gain by the Association or its
individual members.
4.2.
The income and assets of
the Association shall be applied solely towards the promotion of the aims for
which it is established.
As set out in the
Constitution the NC shall provide a
representative professional Association for Specialised
Kinesiologists.
6.1.
Members shall be
classified into the following three categories: Members, Student members or
Affiliate members.
6.2.
Where the term ‘member’ is
used in any ASKSA documents it will be inferred that it shall mean any kind of
member unless specifically mentioned otherwise.
6.3.
As set out in the
Constitution the NC shall;
6.3.1.
determine membership based
on the knowledge, learning and experience of Specialised Kinesiology techniques
(Training Procedures and Standards, Schedule 1.2 and Scope of Practice, Schedule
2).
6.3.2.
set Training Procedures
and Standards (Schedule 1.2) by which the NC and the RC may decide
membership.
6.3.3.
communicate all relevant
ASKSA business fully and timeously to its members.
7.1.
Members
7.1.1.
The Membership Application
Form prescribed by the NC from time to time shall be completed by the applicant
and submitted to the region together with the prescribed registration fee and
annual subscription.
7.1.2.
The RC may seek further
information with regard to the application from the applicant, or from any other
person, and may interview the applicant.
7.1.3.
The RC may consider such
application and may grant or reject the application and then inform the
applicant thereof. If the application is rejected, all monies paid by the
applicant shall be refunded.
7.1.4.
If the application is
granted, the RC shall after receipt of such papers, the registration fee and the
annual subscription, admit the applicant as a Member and issue a Certificate of
Membership. The date of admission as a Member shall be the date of receipt by
the RC of such papers and payments.
7.2.
Student Members
7.2.1.
Student members shall be
persons who are enrolled with an ASKSA Endorsed School or Instructor (Schedule 3) for the
purpose of completing a prescribed course in Specialised Kinesiology or any
other approved course as may be considered valid by the NC. Student Membership
may be granted as set out in Training Procedures and Standards (Schedule
1.2).
7.2.2.
The student is invited by
the RC to become a member upon receipt of details from an ASKSA Endorsed School or Instructor (Schedule 3) or,
certified copies of course attendance.
7.2.3.
Where a student has
attended a course with a non ASKSA registered instructor, certified copies of
course attendance are required.
7.2.4.
The RC shall be entitled
at any time for any valid reason to deprive a Student Member of her/his status
as such, and to remove their name from the Roll of Student
Members.
7.2.5.
Every Student Member shall
pay to ASKSA such registration fee as shall be determined from time to time by
the RC, which shall not in any circumstances be refunded or credited to the
Student Member.
7.2.6.
A Student Member shall be
entitled to attend Meetings of the RC, but shall not be entitled to vote at any
such meetings or to be elected to a RC
7.2.7.
A Student Member who
wishes to become a MEMBER shall re-apply in terms here-of.
7.3.
Affiliate Members
7.3.1.
Persons or associations
who, in the opinion of the NC or a RC, are interested or closely associated with
the development of Specialised Kinesiology, may become affiliate members. Such
persons or body should apply for such membership and will, for administrative
and financial purposes, follow the same rules as student
members.
As set out in the Constitution the NC
shall;
8.1.
protect the rights of
members, who have the right to elect the National and Regional Committees in
properly held elections.
8.2.
Every fully paid up
member, other than Student or Affiliate members, shall be entitled to vote at
any meeting.
As set out in the Constitution the NC
shall:
9.1.
Regulate standards of
conduct as described in the Rules and Regulations and discipline practitioners
as per the Member’s Code, (Schedule 4) and the Disciplinary Code (Schedule
5).
9.2.
This procedure is set out
in the Disciplinary Code (Schedule 5).
9.3.
The NC or any RC may
institute an inquiry into any complaint, charge or allegation of unreasonable,
improper or disgraceful conduct against any member.
9.4.
The NC or any RC may, on
finding the member concerned guilty of such misconduct, impose any of the
penalties referred to in the Disciplinary Code. (Schedule
5)
10.1.
Members’ fees constitute
the funds of ASKSA. These fees will include; registration fees and annual
subscription fees and any other fees that the National Committee, together with
the Regions, may deem necessary.
10.2.
Fees established by the
Regional Committees may only be proposed and/or altered by a vote. Notice of
such an alteration, must be sent to all members of the Association not less than
one month before the date of the Annual General Meeting. Adoption of such change
is subject to consensus of the quorum.
11.1.
All fees payable in terms
of the Rules and Regulations shall be paid to the credit of ASKSA and shall
constitute the funds of the Association.
11.2.
A percentage of the annual
fees collected will be given over to the NC from each RC.
11.3.
The NC and RC shall
utilize these funds for defraying expenses incurred in connection with the
performance of its functions.
11.4.
The NC and RC may invest
any monies not required for immediate use, and may establish such reserve funds
and deposit such amounts therein as necessary or
expedient.
11.5.
Contributions, donations
and all other monies received may be banked, invested and used for the purpose
of the Association as determined by the NC and RC.
11.6.
The Association is
entitled :
11.6.1.
To purchase, hire, or
otherwise acquire any movable or immovable property, and to erect buildings
thereon, and to sell, improve, lease or otherwise deal with all or any of the
property or assets of the Association.
11.6.2.
To maintain and furnish
offices, lecture rooms and any other facilities for use by the
Association.
11.6.3.
To open banking accounts
and operate thereon.
11.6.4.
To invest in
recognised banking institutions,
building societies, government or municipal stocks, any monies of the
Association not required for immediate use.
11.6.5.
To make money available
for fellowship, study grants, travel allowances or awards of a similar nature,
to members of the Association or such persons as the Committee may
decide.
11.6.6.
No member of the
Association will have the right to pledge the credit of the
Association.
11.6.7.
The Association may raise
funds as deemed necessary from time to time.
12.1.
The Annual General Meeting
(AGM) of the NC and all RC’s will be held annually at a place decided upon at
the preceding Annual General Meeting or, in the absence of such decision, as
arranged by the NC and the RC.
12.2.
The meeting referred to
above will be called the Annual General Meeting and all other general meetings
shall be called Special Meetings.
12.3.
No business shall be
conducted at any AGM unless 30% of members are present, excluding student and
affiliate members.
12.4.
No business shall be
conducted at any Special Meeting unless 30% of members are present excluding
student and affiliate members.
12.5.
Notice of an Annual
General Meeting or Special Meeting must be given not less than 30 (thirty) days
in advance.
12.6.
All notices of
abovementioned meetings shall be in writing, including e-mail and/or
postal.
12.7.
No business shall be
conducted at a National Executive AGM unless one (1) member from each Region is
present.
13.1.
Voting
Procedure
13.1.1.
Every full member has one
vote, and, in the case of equality of votes, the Chairperson shall have a
casting vote in addition to his/her deliberate vote. Members unable to attend a
meeting may register their votes by letter (proxy) to reach the Secretary at
least 24 (twenty-four) hours before the commencement of the
meeting.
13.1.2.
Students and affiliate
members are not entitled to vote.
13.1.3.
Voting shall be by a show
of hands unless otherwise agreed upon at the meeting.
13.1.4.
All motions shall be
considered binding upon all members, once ratified by a majority vote, with the
exception of any alteration to the Constitution as set out
therein.
13.1.5.
The Chairperson may give a
casting vote in all cases of equality.
13.1.6.
The decision of the
committee shall be binding on all members.
13.2.
A financial report, which
may include a balance sheet, will be submitted to the Annual General Meeting for
approval.
13.3.
The Chairperson will
prepare an annual report on the general state of affairs of the Association for
presentation at the AGM and circulation to all members.
14.1.
The National Committee
(NC):
14.1.1.
The NC will consist of the
elected national representatives of each Region as well as other members, as the
NC may determine from time to time.
14.1.2.
Only fully paid up members
are eligible for election as committee members.
14.1.3.
No student or affiliate
members may be elected onto the National Committee.
14.1.4.
The NC will consist of at
least 4 officers and shall include a Chairperson, Vice-Chairperson, Treasurer,
Secretary and such other appointments as the committee may deem to be necessary
e.g. Membership Secretary.
14.1.5.
The NC will elect the
annual Chairperson by majority vote at its AGM.
14.1.6.
The term of any one office
for all officers shall be up to a maximum of 3 (three) consecutive
years.
14.1.7.
If a vacancy occurs
prematurely for any office, a new officer shall be elected by a majority vote of
the remaining NC.
14.1.8.
The Officers of the NC may
not be officers of any Regions but may serve in other capacities on such
committees.
14.2.
The Regional Committees
(RC)
14.2.1.
The RC will consist of
elected fully paid up members of ASKSA.
14.2.2.
The officers of a Region
will consist of at least 4 fully paid up members, who will include a
Chairperson, Vice-Chairperson, Secretary and Treasurer, and any other members as
the Regional Committee may deem necessary.
14.2.3.
The administration of the
Region will be managed by the RC of that region.
14.2.4.
The RC will follow the
Rules and Regulations that apply to the NC.
14.3.
The Training
Committee
14.3.1.
The Training Committee
(TC) shall be set up by the NC to oversee and regulate the administration of all
training matters as set out in Training Procedures and Standards. (Schedule
1.2)
14.3.2.
The TC shall consist of at
least 2 members of each Region.
These members will be elected by each RC, at least one of whom will be an
Instructor from that region. The TC
shall consist of at least one instructor from each of the different listed
Kinesiology Introductory courses as described in Schedule
1.2.
15.1.
As set out in the
Constitution the NC :
15.1.1.
shall administrate the
affairs of the Association in accordance with the laws of
SA.
15.1.2.
shall have the authority
to do anything that will enable the attainment of the purpose of ASKSA, subject
to the Constitution and these Rules and Regulations.
15.1.3.
shall promote the welfare
of its members.
15.2.
A Chairperson of any
committee will preside at all meetings.
15.3.
A Vice Chairperson will
assist the Chairperson in the performance of her/his duties and may preside at
meetings or undertake other duties in her / his absence. Similarly, any of the
officers may stand in for one another.
15.4.
A Secretary and a
Treasurer will carry out duties delegated to them by the
NC.
15.5.
A full record (the Record
Book) of all meetings and proceedings of all meetings will be
kept.
16.1.
The NC shall at its
discretion divide the country into geographical areas to be termed
"Regions”.
16.2.
The NC may add additional
Regions or amend the boundaries of existing Regions as and when
necessary.
16.3.
Structure of the Regions
:
16.3.1.
All members of the
Association, as well as student members and affiliate members, will belong to a
Region.
16.3.2.
All fully paid up members
of a Region will vote for the Regional Committee members of that
Region.
16.3.3.
A member is not precluded
from applying for membership of another Region.
16.3.4.
The NC may nominate a
member who is resident within a defined Region to convene the inaugural meeting
of a new Region.
16.3.5.
The RC will follow the
Rules and Regulations that apply to the NC
16.4.
Dissolution of a
Region
16.4.1.
Should a Region decide
that they can no longer operate in terms of the Constitution, they may apply to
the NC for dissolution. Upon dissolution of a Region any funds pertaining to
that Region must be transferred to the National Association.
17.1.
The NC and RC’s may from
time to time establish such ad hoc Committees as they deem advisable and may in
the same manner define the authority and duties of such
Committees.
17.2.
Ad Hoc Committees will
cease to exist when their tasks have been completed.
17.3.
Any such Committee may
also be abolished at any time by a resolution of the NC or
RC.
18.1.
Each member of the
Association will be notified of an impending amendment, alteration or addition
to the existing Rules and Regulations not less than 30 (thirty) days before the
Annual General Meeting or a Special Meeting.
18.2.
Any such amendment,
alteration or addition shall not be deemed to be passed unless approved by 2/3
(two thirds) of the members present together with postal/email
votes.
19.1.
In case of doubt as to the
interpretation of the Rules and Regulations, the NC shall be the final arbiter
and its decision shall be binding upon its members.
20.1.
If at any time it is
resolved that ASKSA should be wound up, then the NC shall deal with the assets
as follows:
20.1.1.
Creditors’ claims will
first have to be liquidated.
20.1.2.
The balance of assets,
whether in monetary form or otherwise, shall then be donated to an association
which, in the opinion of the NC and the RC’s, has similar objectives to that of
the Association and which is authorised to accept
contributions.
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