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Constitution

GHANA LIFESAVING AND DIVING ASSOCIATION
CONSTITUTION AND BY-LAWS

ARTICLE 1 –GENERAL
This constitution is supreme and its articles and by-laws shall have binding force on all members, athletes, swimmers, officials, lifeguards, coaches, pool attendants and instructors.

ARTICLE 2 -TITLE
The name of this Association shall be:” Ghana Lifesaving and Diving Association”

ARTICLE 3 -ACRONYM
The acronym of the Ghana Lifesaving and Diving Association shall be known as GHALDA

ARTICLE 4 -DEFINITIONS

1. ADVISOR- means a person who is elected or appointed annually by the board to provide specialist advice and assistance with particular GHALDA activities, programs and or services

2. ASSOCIATION- means “Ghana Lifesaving and Diving Association” GHALDA

3. AUXILIARY ORGANISATION- means an organization with aims and objects

4. REGIONAL BRANCH- means a branch affiliated with GHALDA

5. CONSTITUTION-means this constitution of GHALDA

6. CLUB-means a Lifesaving and Diving club affiliated with GHALDA

7. GENERAL ASSEMBLY- means the governing body of the association responsible for elections and other specific matters.

8. RULES- means the rules of lifesaving adopted by the General congress

9. REGULATIONS - means the regulations relating to competitions and other matters adopted by the General congress

10. LIFEGUARD - means a professional whose primary role is to ensure the health and safety of the users of a specified aquatic environment through enforcing all facility/venue policies and procedures and through preventive actions, responding to persons likely to come into or in difficulty or in a hazardous situation, and to rescue persons in danger and provide necessary after care

11. ATHLETE includes a lifesaver, a diver, water sport player, masters, open water and beach/pool lifesaving competitors

12. SCHOOL means any educational establishment recognized by the ministry responsible for education, and includes any college or university.

13. ORDINARY MEMBER means any individual person interest in swimming who has paid an annual subscription as laid down

14. HONORARY LIFE MEMBER means any member of the Executive committee who has rendered distinguished service on the committee.

15. HONORARY LIFE PRESIDENT means an outgoing president who has served the association diligently for two terms.

16. AQUATICS means lifesaving, swimming, pool lifesaving competitions, open water lifesaving, scuba diving, surf lifesaving, beach/pool lifesaving competitions, and masters programmes or activity

17. ILS means The International Life Saving Federation.

18. ILSA means The International Life Saving Federation - Africa.

19. FIS means Fédération International de Sauvetage Aquatique.

20. WLS means World Life Saving.

21. RLSS (UK) means Royal Life Saving Society

22. ARC means American Red Cross

23. RNLI Means Royal National Lifeguard Institute

ARTICLE 5 -COLOUR
The colour of GHALDA shall be predominantly blue, yellow, red, black, green and white

ARTICLE 6 -REGISTERED OFFICE
GHALDA secretariat shall be located at Media Center, Accra Sports Stadium

ARTICLE 7 -SEAL AND LOGO
GHALDA shall have a seal and a logo identifiable with its mission. The executive council of GHALDA shall provide for the safe custody of the seal which shall only be used by the authority of the council or a committee of the council authorized by the council on its behalf and every instrument to which the seal shall be affixed shall be signed by the Chairperson of the council and or his / her deputy (in his / her absence) and shall be counter-signed by the secretary of GHALDA or any other member of the Executive council so appointed.

ARTICLE 8- THE AIMS

1. To find the best methods and means of aquatic life, saving, resuscitation of the apparently drowned and emergency care

2. To teach lifesaving and establish educational exchanges of aquatic life saving techniques and operations

3. To promote and organize lifesaving sports and to regularly organize national aquatic life saving competitions in order to stimulate the interest of members to improve their ability and willingness to save people who are in danger in the aquatic environment

ARTICLE 9-OBJECTIVES
The objectives of the Association are:

1. To promote uniformity concerning equipment, information, symbols and laws for control and regulation within the aquatic environment

2. To exchange medical and scientific experiences in the field of aquatic lifesaving and drowning prevention

3. To encourage the conduct of training and development of standards available to the whole of the aquatic lifesaving national for drowning prevention, lifesaving and lifesaving sport

4. To teach lifesaving and establish educational exchanges of aquatic lifesaving and drowning prevention

5. To extend the teachings and activities of GHALDA to all places throughout Ghana, and communicate and act in co-operation with other national humanitarian bodies

6. To encourage measures to prevent the pollution of waters and beaches and other elements, which are dangerous to the public and users of the aquatic environment

7. To lead the national effort to develop and recommend best practice in drowning prevention, aquatic lifesaving, resuscitation and emergency care.

8. Teach lifesaving and establish educational exchanges of aquatic life saving techniques and operations

9. Promote and organize lifesaving sports

10. To form co-operation between coaches, lifeguards, instructors pool attendants, international bodies, media and sponsoring organizations

11. To foster the employment of full time lifeguards/instructors pool attendants with professional status, and adequate salaries in all pools throughout the country. To persuade educational institutions, private clubs, public pool etc… to elevate their present lifeguards to a higher professional status

12. To license all lifeguards practicing in Ghana and renewing their licenses after every three years.

13. To assist in rescue operations in open water and during flooding by setting up a rescue team in conjunction with forces and relevant authorities in Ghana

14. To enforce safety rules for boating, canoeing, open water crafts and vessels

15. To advice and recommend to the government and local government authorities on water safety.

16. To maintain a register of all lifeguards and instructors pool attendants in Ghana. Reject anyone acting as a lifeguard in Ghana unless they are registered and confirmed as qualified to do so by GHALDA.

17. To promote personal survival in schools, by training and awarding of Bronze to Platinum certificates

18. To organize drowning prevention/water safety education and aquatic survival seminars/workshops

ARTICLE 10-ORGANIZATION OF GHALDA

1-The Executive Council
There shall be an executive council here-in-after referred to as ‘officers’ of GHALDA, they shall consist of the following:

President
1st Vice President
2nd Vice President
Secretary
Assistant Secretary
Financial secretary / Accountant
Assistant Secretary / Accountant
Treasurer
Assistant Treasurer
Information and publicity officer
Assistant Information and publicity officer
Programme officer
Assistant Programme Officer
Technical Director
Assistant Technical Director
Director of training
Assistant director of training
Legal advisor / consultant
Term of office (7 Years)

Honorary Life Presidents
Honorary Life Members

And they shall enforce the procedures set out in the bye-laws.

ARTICLE 11-FINANCE
Funds of GHALDA shall be derived from:

1. Dues, subscription and other levies from members
2. Donations
3. Fund raisers
4. Sponsorships from organizations and companies
5. And other sources approved by the General Congress

All financial transactions shall be carried out in accordance with the procedures spelt out in the bye-laws and regulation of GHALDA.

ARTICLE 12-ACCOUNT AND AUDIT
1. The General congress shall cause proper books of accounts to be kept by the treasurer and an income and expenditure account as well as the balance sheet to be prepared audited, and circulate to members in accordance with the established bye-laws.
Auditing shall be carried out annually

2. There shall be three (3) signatories to the account including the

  • President
  • 1st Vice President
  • 2nd Vice President
  • Treasurer
  • Financial Secretary / Accountant
  • Secretary

3. Any two (2) to sign with the President, 1st Vice President or 2nd Vice President

ARTICLE 13 - FORMATION OF BRANCHES

1. The association shall be responsible for the formation of regional branches, while regional branches shall adopt the same constitution as adopted by the genera congress

2. Any region having at least five group members as herein defined shall apply to the association in writing with the names of its proposed officers. On approval by the executive council or the annual General Assembly, such branch shall be a recognized regional branch

3. Any regional branch shall pay annual subscriptions and swimmer registration fees to the association to be fixed at a general congress of the association and which shall be paid by 31st December each year

4. The association shall have power to suspend any regional branch which in the opinion of the executive council is not performing its functions in accordance with its constitution and if such branch does not comply with the requirements of the association within a reasonable time then the executive council shall appoint a caretaker committee to run the affairs of the branch while arranging for fresh elections
5. All regional branches shall forward copies of their minutes and financial statements to the secretary of the council within 21 days of the relevant committee or general meeting.

6. Any regional branch intending to compete in another country must seek clearance from the National association three months in advance. The National association will at times appoint its representative to accompany the regional team. Such a representative may either be a member of the executive council or its appointee at the full cost of the regional branch.

7. No regional branch member shall communicate directly any information with ILS, RLSS, ILSA, WLS, RNLI and ARC. Appropriate disciplinary action will be taken upon breach of this clause

8. The board may authorize the formation and or affiliation of auxiliary organizations, under terms and conditions the board deems appropriate

ARTICLE 14-FORMATION OF CLUBS
Clubs shall be established as follows:

1. Apply to the regional branch for admission
2. Have a valid constitution approved by the association
3. Athletes shall be eligible to compete for one club only after being a member for minimum six months prior
4. The club must provide members register for inspection at any time by the branch

ARTICLE 15-FOREIGN LIFEGUARDS AND DIVERS
Foreign lifeguards and divers are not permitted to lifeguard, teach and or conduct any seminars without the approval and authority of the executive council

ARTICLE 16-TOURS IN FOREIGN COUNTRIES

1. All competitions must have received sanction by the member where the competition take place, and all competitors or clubs must have permission from their respective branches

2. In every case a dispute, the rules of the member under whose jurisdiction the meeting is held shall be enforced. During the world lifesaving championships, and at ILS rules are applicable

3. No affiliate member shall have any kind of relationship with a non-affiliated or suspended body.

4. The exchange of competitors, administrators, directors, judges, officials, trainers, coaches etc. with non- affiliated or suspended bodies is not permissible.

5. Any member of the association wishing to participate or compete, train as a team etc. in another foreign national must be cleared by the National association

ARTICLE 17-DISSOLUTION

1. The association shall not be dissolved except by a resolution passed at the a general meeting of members by vote of 2/3 of members present.

2. Notice of this meeting shall be given to all members of the association at 14 days before the date of the meeting.

ARTICLE 18- ADMINISTRATIVE LANGUAGE

The administrative language of GHALDA is English and it shall be used:

1. In all records, archives, minutes, correspondence, communications, handbooks, circulars and other documentation of GHALDA; and
2. At all meetings, workshops, seminars, programmes, sessions, galas, competitions, championships and other events under the auspices or control of GHALDA

ARTICLE 19-AFFILIATION
GHALDA shall affiliate with the following:

ILS means The International Life Saving Federation.
ILSA means The International Life Saving Federation - Africa.
FIS means Fédération International de Sauvetage Aquatique.
WLS means World Life Saving.
IOC means International Olympic Committee.
RLSS (UK) means Royal Life Saving Society
ARC Means American Red Cross
RNLI Means Royal National Lifeguard Institute

ARTICLE 20-ADOPTION AND AMEMDMENT OF CONSTITUTION
Once adopted, no part of this constitution of GHALDA may be modified, altered, repealed nor any addition(s) made unless and until:

Due notice of the proposed modification, alteration, repeal or addition (s) shall have been sent to the Executive Council a fortnight before a General Congress meeting.

Such proposals must receive approval from at least two third (2/3) majority of the General Congress meeting.

ARTICLE 21-INTERPRETATION
The Executive Council shall have the final power to interpret the provisions of this constitution of GHALDA, which shall be final and binding on members thereof

ARTICLE 21-PROMULGATION
This constitution (amendment) comes into effect this 26th August 2012

BYE-LAWS
The following bye-laws are subject to the constitution.

BYE-LAW 1-MEMBERSHIP QUALIFICATIONS

1.1 - Regular Membership
Membership in this category is open to any applicant (male or female) who have been actively engaged in the coaching or administration of swimming, officiating, lifeguarding, lifesaving as a sport, diving or water polo in Ghana and subscribes to the objectives and meets the financial obligations of the Association. Regular members shall have the privilege to hold office, speak and vote on all issues at meetings they attend.

1.2 Associate membership
Associate membership is available to any other person interested in the betterment of the Ghana Aquatic Programs. Associate members may attend all meetings, speak on all
Issues presented, but will have no vote nor will be permitted to hold office.

1.3 Honorary Membership
Honorary Members may be added by a majority vote of the Executive Committee at any regular meeting called by the president. An Honorary member shall be entitled to all rights and privileges of the Association. He /She shall not vote or hold office (Except the legal advisor / consultant).The Legal advisor / consultant shall hold office but do not have right to vote. This person shall pay no dues. Honorary membership shall be given to an individual outside the Lifeguarding / coaching profession who has rendered some special service to aquatic programs in Ghana
.
1.4 Life Membership
The Executive Council may, from among persons, who have provided long and meritorious service to the Ghana Lifesaving and Diving Association, appoint Life Members in recognition of their efforts in furthering the Ghana Lifesaving and Diving Association Objects and/or interests

1.5 Cessation of Membership
A person ceases to be a Member of the Ghana Lifesaving and Diving Association if the person resigns or is expelled.

1.6 Membership Fees
Membership fees shall be determined at the General Congress by the Executive Council and be retained for a seven (7) year term.

1.7 Register of the GHALDA Members
1.7.1 The Executive Council must keep and maintain a register of all
Members at the GHALDA principal place of administration

1.7.2 The name, address and email address of each member, the date on which the person became a member and such other information as may be required must be entered in this register

1.7.3 Having regarded to privacy and out of confidentiality considerations, an extract of the register, including the address of any Life Members or Chairperson, is to be kept available for inspection by Members.

1.7.4 The register shall not be copied, sold or passed to a third party, unless Members have given individual written permission for their names to be used for commercial use by GHALDA.

BYE-LAW 2-FUNCTION OF THE GENERAL CONGRESS:

2.1 Nominate and elected executive council members

2.2 Review and endorse recommendation for and termination of membership

2.3 Review, reject or approve annual reports of activities submitted by the executive council

2.4 Discuss and approve annual budgets

2.5 Deliberate on matters in furtherance of the objectives of GHALDA

BYE-LAW 3-FUNCTION OF THE EXECUTIVE COUNCIL

3.1 Regulate and manage the General Administration or Organization of the association

3.2 Appoint / re-appraisal of members of the various sub-committees of the association subject to the approval of the General congress

3.3 Review, reject, amend or approve recommendation from the various sub-committees

3.4 Monitor and co-ordinate the implementation of policies, programmes and procedures of the association

3.5 Supervise and monitor budgetary and financial affairs of the association

3.6 Approve / reject nomination for competitions, workshops and conferences upon recommendations from the appropriate sub-committees.

3.7 Take disciplinary measures in respect of members who have misconduct themselves

BYE-LAW 4-SANCTIONS

4.1-Discontinuance of Membership
If a Member's obligation to pay money under this Constitution remains due and unpaid for more than six (6) months after the start of the new financial year, the executive council may suspend or terminate the Member's membership of GHALDA, or otherwise impose such conditions on the Member's membership, as the Executive Council sees fit

4.2-Expulsion
4.2.1 Any member may be censured, suspended or expelled by the executive council for any conduct which, in the opinion of the executive council, deems to be improper or prejudicial to the welfare and reputation of GHALDA and its members.

4.2.2 No such action shall be taken except at a regular or special meeting called for such purpose

4.2.3 Written notice shall be given to the member of the complaint against him/her, at least sixty (30) days prior to the date of the meeting

4.2.4 The member may submit to the Board of Directors a written answer to the complaint
.
4.2.5 Any suspended or expelled member shall not participate in any of GHALDA’s activities.

BYE-LAW 4-FINANCIAL / ASSETS
A bank account shall be opened in the name of the Ghana Lifesaving and Diving Association at any level and all funds received shall be deposited in the bank approved by the executive council.

Funds and other properties held by or on behalf of the Association shall be used only towards the promotion of the objectives of GHALDA
An annual budget will be prepared under the supervision of the treasurer, considered by the Executive Council and approve by the General Congress.
Where funds are available, the Executive Council may authorize the continuation of expenditure as and when necessary in the event where budget has been exceeded with approval of General Congress.

BYE-LAW 5-SUB-COMMITTEES
Sub committees shall be formed to deliberate on issues that are identified as being pertinent to the advancement of the cause of the Association by the Executive Council and approve by the General Congress.
Members of the various committees shall be nominated by the Executive Council and approved by the General Congress.
The sub Committees shall operate on such terms of reference as determined by the Executive Council.
These include the following:

1. Welfare Committee
2. Technical Committee
3. Planning Committee
4. Finance Committee
5. Publicity Committee
6. Disciplinary Committee
7. Medical Committee
8. Disaster management Committee

Other standing committees approved by the General congress may be formed. They shall operate on such terms of reference as defined by the Executive Council.

TERMS OF REFERENCE OF EXECUTIVE COUNCIL

1. PRESIDENT
The president shall be responsible for chairing meetings and set the agenda for meetings in close consultation with the secretary.
He / she in consultation with the Executive Council shall represent or delegate an officer (s) to represent GHALDA at all fora and shall co-ordinate the work of committees. He / she shall be signatory to GHALDA bank account.

2. 1st VICE PRESIDENT
The 1st vice president shall assist the president in his / her duties.
He / she shall also deputize in the absence of the president. He / she shall be a signatory to the GHALDA account

3. 2nd VICE PRESIDENT
The 2nd vice president shall assist the president in his / her duties.
He / she shall also deputize in the absence of the president and the 1st vice president. He / she shall be a signatory to the GHALDA account

4. SECRETARY
The secretary shall record the minutes of meetings, prepare documents of GHALDA including correspondence and organize meetings.
He / she shall be a signatory to the GHALDA account

5. ASSISTANT SECRETARY
The assistant secretary shall assist the secretary in his / her duties

6. INFORMATION AND PUBLICITY OFFICER
The information and publicity officer is responsible for meeting and liaising with the media to inform them of activities of the association as well as maintaining, updating and dissemination information of GHALDA and other relevant issues.

7. ASSISTANT INFORMATION AND PUBLICITY OFFICER
The assistant information and publicity officer shall assist the information and publicity officer in his / her duties

8. TREASURER
The treasurer is responsible for monitoring the financial records / activities of GHALDA. The treasurer will give financial report at GHALDA meetings and yearly audited reports of the Association. He/she shall be a signatory to the GHALDA account

9. ASSISTANT TREASURER
The assistant treasurer shall assist the treasurer in his/her duties

10. FINANCIAL SECRETARY / ACCOUNTANT
The financial secretary shall be responsible for keeping of accurate records/accounts on the financial transaction of GHALDA. He/she shall be signatory to the bank account.

11. ASSISTANT FINANCIAL SECRETARY / ACCOUNTANT
The assistant financial secretary shall assist the financial secretary/accountant in his / her duties

12. PROGRAM OFFICER
The program officer shall be responsible for drawing out program activities for GHALDA and must be in consultation with Executive Council.

13. ASSISTANT PROGRAM OFFICER
The assistant program officer shall assist the program officer in his/her duties

14. TECHNICAL DIRECTOR
The technical director shall advise the Executive Council of GHALDA on all technical and health-related issues. He / she is in consultation with director of training.

15. ASSISTANT TECHNICAL DIRECTOR
The assistant technical director shall assist the technical director in his/her duties

16. DIRECTOR OF TRAINING
He / she shall be in charge of training. He/ She must be lifeguard trainer or lifeguard assessor

17. ASSISTANT DIRECTOR OF TRAINING
The assistant director of training shall assist the director of training in his/her duties.

18. LEGAL ADVISER / CONSULTANT
The legal adviser / consultant shall provide legal and consultancy services to and GHALDA also enter into legal negotiation with and on behalf of the Association. He/her shall be an honorary member.

BYE-LAW 7-MEETING

7.1 GHALDA General Congress
One General Congress shall be held, at least once every seven (7) years, during the month of December or as determined by the members at the previous General Congress
.
7.2 The Congress has the power to change and approve changes of the GHALDA Constitution and Bye-Laws

7.3 Only regular Members who pay an annual membership have the right to vote and other members can attend as observers but do not have the right to vote

7.4 Meetings and other GHALDA activities can be arranged throughout the year to establish and safeguard the status, welfare and interest of all members and to increase the prestige GHALDA and its members Executive Council meetings shall be held once in the last Sunday of every month
.
7.5 The Executive Council meetings are open meetings. Person(s) not on the
Executive Council may speak with permission of the president, but shall not vote.

7.6 All committees shall be appointed by, and meet the approval of the Executive Council

7.7 Notice of Meetings is to be given for:

7.8 General Congress – three (3) months prior notice

7.9 The Executive Council meetings - six days prior notice.

7.10 Special Executive council meetings may be called by a minimum of 10 Executive members, provided six days prior notice is given to all the executive Members.
.
7.11 The quorum for the Executive Council Meeting shall be nine (9) voting members
.
7.12 Attendance of all Officers of the Executive and other member is mandatory, when meeting upon matters regarding change of policy.

BYE-LAW 8- SETTLEMENT OF DISPUTES
Dispute between members shall be presented to the executive committee for settlement. Where the parties are unsatisfied with the ruling, such dispute(s) shall be referred to the national congress
Should the dispute still be unresolved such matter will then be referred to the special committee of arbitration. All rulings and decisions of this arbitration shall be final and binding

BYE- LAW 9-PROCEDURE ON ELECTION OF MEMBERS OF THE EXECUTIVE COUNCIL

9.1 Nomination for election as members of the executive council shall be submitted in writing to the secretary to arrive not less than three (3) months on prescribed association forms before the date of the general congress

9.2 Nominations will be valid only if signed by the president or secretary of the affiliated body

9.3 Nominations shall be made only by branches whose membership is of good standing and which are affiliated to the association

9.4 If only one nomination is received for one position declared, the candidate shall be declared duly elected unopposed

9.5 If two(2) or more nominations are received for one position, a secret ballot shall be conducted

9.6 Any person appointed by the council to fill a vacancy of the president or any other position in the executive council shall hold office until the expiry of the term of his predecessor and accordingly shall hold office for remainder of the term of office for the officer whose casual vacancy he fills subject to ratification by the general congress

9.7 Elections shall be decided by a straight majority vote. In the event of a tie the outgoing president shall have a second or casting vote

9.8 The members of the executive council shall be at the general congress convened after every seven years

9.9 An outgoing member of the executive council shall be automatically eligible for re-election

9.10 Voting shall be by secret ballot

9.11 Executive council members shall be elected by a simple majority (50% + 1 vote) of the votes cast. Except of legal advisor

9.12 Proxy voting is not allowed, except for those regular members living outside Ghana

9.13 Each member present has one (1) vote

BYE –LAW 10- SELECTION
10.1 Selection of athletes shall be based on participation in national competitions.

10.2 Any school/ club wishing to conduct any aquatic competition must seek and received approval from the national executive council, notice or request of such intention must be made within 5 month

BYE-LAW 11-AFFILIATION
GHALDA shall be affiliated to the international Aquatic and Lifesaving Associations /Organizations around the World

BYE-LAW 12-ADDITIONS, ALTERATIONS AND AMENDMENTS ADDITIONS
12.1 No additions, alterations or amendments must be made to this Constitution unless a Special Resolution has been approved by the General congress

12.2 All GHALDA members shall be notified in writing of proposed changes to the Constitution or By-Laws at least sixty (60) days prior to General Congress.

 
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