Federal REPUBLIC OF SOMALIA
SOMALI CHESS FEDERATION
PREAMBLE TO CONSTITUTION
The first organized formation of Somali Chess as national level was established in 1997.
There shall be no any political or governmental interference with the rights of the federation or with its individual Associates, like clubs, regions Schools or Universities.
All associates shall enjoy freedom of participation, movement or facilities and live in peace, harmony, comfort and protected by state law and constitution and have their rights to elect and be elected.
The philosophy of non tribalism, racialism, religious or color discrimination to be guiding principles in the organization and in our endeavor to strive for unity, peace and harmony in our Country Mind Sport.
That the aforementioned social conditions are the fundamental requirements for entry of Somali Mind sport into the international Mind Sport community in general, and in respect of Chess in particular to the international and continental federations
To constitute that all clubs of different divisions, regions, schools and Universities are members of the Somali Chess Federation, into an indissoluble single organization under the Somali Chess Federation and under the constitution hereby established to Promote and control the practice of Chess in the Federal Republic of Somalia.
The Headquarter of Somali Chess Federation shall be in Mogadishu.
This Somali Chess federation enjoys full membership of the International Chess Federation and declares to respect its charter rules, regulations and Chess movement.
Somali Chess federation undertakes, in accordance with its mission and role at national level, to participate in actions to promote peace and women participation in Mind sport.
SCF also undertakes to support and encourage the promotion of sport ethics to fight against doping and demonstrate a responsible concern for environmental issue.
Whatsoever is not contemplated in this constitution should be referred to this federation rules and regulations hereby attached or to the status, rules and regulations of the international and continental Federations.
End of preamble.
SCF’s LEGAL CONSTITUTION
This constitution shall include all rules regulations and byelaws promulgated from time to time by the SCF.
Art.1: Name: The federation hereby constituted shall be known as the Somali Chess Federation and hereinafter called as SCF and is the only recognized Federation in Somalia in the domain of Chess founded 1997.
Art.2: Colors and emblem: The emblem of the SCF is Chess Board Black colored with knight on top and Somali Flag at upper edge.
Art.3: Area of jurisdiction: The area of jurisdiction of the SCF shall be the Federal republic of Somalia.Art.4: Legal power.
The federation will be the body with legal rights, capable of suing, and being sued, and no member shall have any right to its assets nor incur any liability for its obligations.
Art.5: Aim & Objectives
a) To promote advanced administer co-ordinate and generally encourage the competition of Chess in Somalia in accordance with the principles as laid down in the statutes of the international Chess Federation (FIDE.)
b) To consider and establish rules to control Chess in Somalia.
c) To enforce the rules of the competition as promulgated by the international Chess Federation (FIDE) from time to time and to protect the competition against any form of harassment and abuse.
d) To initiate, negotiate, arrange, finance and control tours and matches of teams to and from Somalia.
e) To settle disputes arising between members or bodies or persons connected directly or indirectly with Chess within the jurisdiction of the Federation.
f) To rise administer the funds of the federation in such manner as federation may deem advisable and particular by means of subscriptions, donations, and sponsorship.
g) To acquire and develop playing facilities including the construction of stadium (building for Chess matches).
h) To affiliate to international federation continental and regional confederation and National High Sports Authority; and NOC.
i) To do all such things as may be incidental or conductive to the attainment of the objectives or anyone of them.
Art.6: Power of the Federation
The federation shall have the full power and authority to do any act, matter or things as may be required to give effect to the objects of the federation as described herein and addition to the general powers and authority herein conferred on federation and without in any way limiting such power and authority, the federation shall have the following powers: –
a) To engage staff acquire assets and enter into commitments for the promotion of its aims and objectives.
b) Grant practical assistance to organizations engaged in promoting the objectives and ideas of the federation consistently within the country.
c) To enter into donor funding arrangements, accept contributions, subscriptions for any of the purposes of the federation to provide suitable financing, to open bank accounts and secure payments.
d) To assure that all rules and regulations made by the federation must be in harmony with FIDE; rules and regulations and constitution of the same federation and must be consistent with the terms of the international federation. (FIDE).
e)To select teams for international and representatives matches at all levels and to the sanction matches in and regulate the transfer of players to and from the Federal Republic of Somalia in terms of the rules of the international federation FIDE).
f) To keep true accounts of all receipts, credits, payments, assets and liabilities of the federation and all other matters necessary for showing the correct financial state of affairs of the federation.
g) The accounts shall be kept in such books and in such manner as the executive committee deems fit and to the satisfaction of the auditor of the federation.
h) The Federation shall appoint auditors to audit the annual accounts of the federation by the decision of the general assembly.
i) To inquire into the administrative or financial affairs of a member associates or any other member under direct control of the federation.
j) To appoint such sub-committees or commissions upon such terms, as it may consider necessary to give effect to its powers. Such committee may be: –
a) The referee committee.
b) Medical Committee.
c) The competition committee.
d) The technical committee.
e) The disciplinary and appeal committee, or any other committee deemed necessary. Each of the above committee, may have co-opted member within the federation executive to function as technical hands without right of vote but participate in the discussions.
f) To suspend, fine, terminate, the membership of any associate member of individuals affiliated to the federation for in infringing the constitution rules, policies, principles or resolutions of the federation or for engaging in acts of misconduct, improper practices, misdemeanor and acts or defiance or for bringing the federation into the disrepute.
7.1. The federation shall be conducted on a non-profit basis, with the intent and purpose that its capital and income whensoever derived, shall be applied solely towards the promotion of its objects and no amount can be paid to any without prior approval of the executive committee and signed by the president and general secretary-treasurer.
7.2. Costs and other commitment expenses authorized by the exco should be reimbursed.
7.3. The federation president, general secretary, treasurer or other “ex officio” members delegated by them during their absence should sign all finance documents.
7.4. Activities relating to utilization of rights to the benefit of the federation emanating from television, film, video and publicities or other such rights shall be the property of the federation.
7.5. The financial year of the federation shall close on 31 December in each year.
Art.8. Composition& Membership
8.1. The membership of the federation shall consist of the following:
A- The national clubs of division.
B- The regional associations.
C- The University and school associations.
8.2. The above are recognized full members of this federation with all rights provided that they respect the federation constitution rules and regulations and accept the same aims and objectives.
Art.9. Office Bearers
The executive committee, which shall be constituted by the following office bearers, shall exercise
9.1. The powers of the federation: –
a- The President.
b- Three vice President
c- General Secretary-
d- Deputy & Treasurer.
e- Five executive members
9.2. The members of the executive committee shall be elected or nominated.
Power and duties of the executive committee:
The affairs of the federation shall be controlled and governed by the executive committee which shall be elected as provided herein and which, in addition to the general powers and the authority herein conferred on the executive committee and without in any way limiting such powers and authority, shall have the following powers and duties: –
9.3. A. To appoint sub-committees.
B. To veto or accept all decisions of the sub-committee.
C. To co-opt such member or members with such power for such periods as it may deem expedient. To approve all intended expenditure of the federation before such time as any person may commit of the federation to such expenditure.
D. The executive committee shall meet at least once every month.
E. Duration of all executive committee meetings shall be distributed to members of the committee within seven days of such meeting.
F. Summary of decisions take by the executive committee shall be distributed to all members of the federation ones per month.
G. The duration of the general assembly shall be distributed one month after each assembly meeting.
Art-10: Elections And Nominations of Office bearers
Election of the executive committee: –
10.1. Nominations of candidates for elections by associate members shall be submitted to the general secretary thirty days before the date of the general assembly.
The closing date for the presentation of the candidates shall be 10 days before the date fixed for the general assembly and not prorogue able.
10.2. The aforementioned nominations shall be submitted in written and signed by the nominated member and declare the willingness to accept office in the federation for the duration of the mandate. In case of not receiving a declaration from the nominated member, such nomination shall be invalid.
10.3. The executive committee members shall be elected as aforesaid at the biennial general assembly and shall retain in office for 4 years and successors have been elected. During the four years, a general assembly shall be called biennially every two years and at the second biennial assembly elections shall be held, beside deliberations at each biennial assembly.
10.4. The general secretary shall notify 8 days prior of the relevant general assembly in writing all members and the names of the candidates.
10.5. The order of the election shall be that the general assembly and then the vice presidents shall elect president and executive members as mentioned in article nine –9- above.
10.6. Voting for the election for the executive committee will be by secret ballot and in the event of more than one candidate being received for the same office, and elimination vote shall take place.
In such a case all members present and entitled to vote, shall vote for candidates in the order established in Art.10. par.5. And any ballot paper containing remarks or names than there are places to be filled shall be declared spoiled paper.
10.7. Prior to the elections, the assembly shall elect and electoral scrutinizers, being not less than two, who are not candidates to conduct the elections.
10.8. In case the president’s office becomes vacant, the senior vice president shall take the power and duties of the president, till the next assembly. In case any executive member office becomes vacant, the executive committee shall have the power to co-opt a member in his/her place till next assembly meeting.
10.9. A Vacancy in any office of the executive shall occur: –
A. Upon the death of a member.
B. If a member is absent for three consecutive meetings of the executive without prior permission unless the executive committee upon good cause shown otherwise decides;
C. If a member is found guilty of having conducted himself in any manner likely to prejudice the objects or activities of the federation or whose conduct has the effect of bringing the federation into disrepute;
D. Upon the resignation of a member or at the age of 70.
Art-11: Biennial General Assembly
11.1. A biennial general assembly shall be held for the purpose of transacting such business as is required of the general assembly of all associate members and for the purpose of examining the activities and the financial statements of the federation and taking of any resolution requiring the approval of the general assembly. The general assembly shall elect a new executive committee each 4 years but held the general assembly each 2 years. The general assembly regularly be held on February of every year, of which written notification shall be send to all members via registered post.
11.2. Motions to general assembly shall be submitted to the general secretary of the federation in writing per registered post not less than 30 days prior to the date of such general assembly the general assembly the general secretary of the federation shall circulate all motions submitted to him/her together with agenda for the assembly and audited financial statements of the federation to all members via registered post not less than 14 days prior to the general assembly meeting. The executive committee shall have the power to condone the late submission of motion, provided that such is received by general secretary prior to the circulation of the notice and agenda of the assembly.
11.3. In the event of quorum not being present sixty (60)- minutes after the proposed time of the general assembly, it will be postponed after three days at the same time and at such postponed date whoever shall be present shall then constitute a quorum and the general assembly meeting will proceed.
Any decisions made or taken at such postponed assembly must be ratified at the following assembly.
11.4. The following affairs will be considered at each general assembly;
a) Delegates roll call and control of credentials.
b) To confirm and adopt the duration of the previous general assembly, and any other intervention.
c) To nominate an auditor, who each general assembly shall produce an audited balance sheet and report.
d) To receive the president address and adopt the executive committee report and audited account.
e) To consider amendments to the constitution and new application of membership or grant observer status before full membership.
f) To determine subscriptions, fees and division of gate receipts of all competitions.
g) To hold elections every 4 years.
Art-12: Extraordinary General Assembly
12.1. An extraordinary general assembly shall be called whenever the executive committee deems it necessary or by request signed by not less than 5 associate members qualified to attend general assemblies, and the agenda for such assembly shall be specified in the requisition and notice shall be given 14 days before the day of the assembly.
12.2. Only the business for which the assembly is called shall be discussed and the provisions of article .11.3 – shall apply to the extraordinary assembly.
Art. 13: Representation.
13.1. Each associate member shall be entitled to appoint not more than 3 delegates to the ordinary or extraordinary general assembly meetings and delegates shall be bona Chess member of the association they represent to the general assembly
Art.14: Voting Rights.
14.1. All representatives of associate members shall be entitled to speak at the general assembly of the federation and have only one vote each.
14.2. The general assembly shall vote by show of hand for the various deliberations and by secret ballot for the various elections. Voting for resolutions or elections shall be decided by simple majority 50+1, on a show of hands and by a secret ballot.
14.3. The president shall act as a chairman at all meetings of the federation and shall have a deliberative as well as a casting vote during executive committee meetings.
Art-15: Review and Rescission.
15.1. Affiliate members shall have the right to move a motion to review and rescind any resolution of the federation.
Notice of such motion shall be send in writing 30 days before the general assembly to the general secretary of the federation.
15.2. No resolution may be rescinded unless 2/3 majorities of the members present and empowered to vote are in favor of the rescission.
15.3. Upon the rescission of the resolution the federation shall have the power to pass a new resolution as it deems fit at the general assembly. No resolution might be reviewed more than once in any general assembly.
Art-16: Amendments of The Constitution.
16.1. This constitution shall not be amended if not by a resolution passed by 2/3 of those entitled to vote and present at the time of voting at the general assembly, after considering such amendment.
16.2. When considering and amendment to the constitution, it shall be competent to adopt such amendment.
16.3. Notice and text of any attended motion by associate members to amend the constitution shall be submitted in writing to the general secretary at least 30 days prior to the date of assembly. All amendments to the constitution shall become effective from the time of adoption.
Art.17: Role of the government.
17.1. For the benefit and welfare of the citizens, this committee will assist the government to initiate and carry out a program of physical culture, recreation and health for the youth of its country, but shall be completely independent from government conditioning or interference. Control of competitive amateur sport in both its national and international phases must be left however to the national federations and this committee.
17.2. The government should give yearly financial Assistance to the Somali Chess Federation for the development of amateur sport for the youth of the country and to help national federations participate in the various international competitions.
Art.18: General Provisions
18.1. The Somali Chess Federation is responsible of all members associated and makes all arrangement to keep under control any of its representative or delegation. All international or internal communications shall be addressed to the Somali Chess Committee office in Mogadishu.
18.2. A copy of this constitution shall be submitted to the FIDE Headquarter.
18.3. After each election, certified minutes shall be submitted to the FIDE showing that the procedures where rightly followed.
All rights to the Somali Chess Symbol, The Chess flag, the Chess MOTTO and the Chess anthem belong exclusively to the FIDE. The Somali Chess may use the Chess symbol. Flag, Motto and anthem only with the framework of its non-profit making Activities, provided such use contributes to the development of the Chess movement and does not Detract from its dignity and provided that the Somali Chess Federation has obtained the prior approval of the FIDE.
Art-19: Cases Not Provided By This Constitution.
19.1 All cases not provided by this constitution shall refer to the constitutions of international (FIDE) and continental federations.