Logo

Home
Contacts
News
Program
Results
Facilities
Club history
Links
Accomodation
event_details_

Honour Roll

PROMOTION/OPEN DAYS

JUNIORS DEVELOPMENT

SKEET CHAMPION OF THE YEAR

     

     
Last Updated    31 January, 2011
    

NEW CONSTITUTION AND RULES 2008

  ADOPTED ON THE  02/08/2008

    

 

TABLE OF CONTENTS

Part 1 – Preliminary. 4

 

1 Name. 4

2. Definitions. 4

3. Construction. 4

4 Objects. 4

5 Powers. 5

 

Part 2 – Membership. 6

 

6 Classes of Members. 6

7 Transitional Membership. 7

8 Applications for membership. 7

9. Duties of members. 8

10 Discipline of members - Relevant Conduct.... 8

11 Discipline of members - Committee Powers. 8

12 Disputes among members. 9

13     How membership ends.... 9

14 Membership entitlements not transferable. 9

15 Liability of members.... 9

16 Register of members. 9

17     Fees and Subscriptions. 10

 

Part 3 – The Committee. 10

 

18 Rules and Membership. 10

19 Powers of the Committee 10

20 Election of Committee Members. 10

21 Public Officer / Secretary Duties. 11

22 Treasurer. 11

23. Casual Vacancies. 11

24 Removal of a Member 12

25 Meetings and Quorum.. 12

26 Chair of Committee. 12

27 Delegation by Committee to Sub-Committee. 13

28 Voting and decisions. 13

 

Part 4 – General meetings. 13

 

29 Annual General Meetings (‘AGM’) 13

30. Special general meetings (‘SGM’) 13

31 Notices. 14

32 Quorum.. 15

33 Presiding Member 15

34 Minutes to be kept. 15

35 Adjournment 15

36 Making of decisions. 16

37 Voting. 16

 


 

Part 5 – Miscellaneous. 16

 

38 Source of Funds. 16

39 Management of Funds. 16

40 Alteration of Rules. 17

41 Common Seal. 17

42 Custody of Books. 17

43. Inspection of Books. 17

44 Notices. 17

45 Manner of Giving Notices Members. 17

46     Time When Notice Effectively Given. 17

47. Surplus Property. 17

 

 

 


Part 1 – Preliminary

1                    Name

The name of the association is Newcastle Lake Macquarie Clay Target Club Inc.

2                    Definitions

In this document, unless the context otherwise indicates or requires:

a)     the Act means the Associations Incorporation Act 1984;

b)     ACTA means the Australian Clay Target Association Incorporated;

c)     the Club means the Newcastle Lake Macquarie Clay Target Club Incorporated;

d)     Club Rules means rules made by the Committee from time to time for the conduct of members and competitions and any other matter relating to the Club;

e)     Committee means the Executive Committee of the Club as elected in accordance with these Rules;

f)       Financial member means a member who has paid all membership fees for the relevant calendar year;

g)     Presiding Member means the member responsible for running a meeting (whether a Committee meeting or a general meeting);

h)     Regulations means the Associations Incorporation Regulation 1999;

i)        Rules is a reference to the provisions of this document;

j)        Shooting Rules is a reference to the shooting rules as adopted by the ACTA;

k)      Special Resolution means a special resolution passed in accordance with the requirements set out in the Act from time to time; and

l)        State Association means the New South Wales Clay Target Association Incorporated.

3                    Construction

This document must be construed with reference to the provisions of the Act and, unless the context otherwise indicates or requires, terms used in this document have the same meaning as they have in the Act.

The provisions of the Interpretation Act 1987 apply to this document in the same manner as they would apply if this document were an instrument made under the Act.

4                    Objects

The objects of the Club are to:

a)     promote and administer the sport of clay target shooting within the Newcastle, Lake Macquarie and surrounding region;

b)     act in good faith to ensure the maintenance and enhancement of the Club and the sport of clay target shooting;

c)     control, manage and conduct clay target shooting competitions and championships;

d)     enforce and uphold the Shooting Rules, regulations and competition formats;

e)     promote the safe handling of firearms;

f)       promote the health, safety and sportsmanship of shooters, and assist them to realise their athletic potential;

g)     obtain for the Club, its members or shooters, sponsorship or other forms of support for the sport of clay target shooting;

h)     have regard to the public interest and ensure that environmental considerations are taken into account where relevant to the Club’s activities;

i)        select, control and support teams or sides to represent the region, zone and/or state in competition;

j)        strive for greater public recognition of the sport of clay target shooting and the Club;

k)      participate as a member Club in affiliation with ACTA in uniform promotion and administration of the sport of clay target shooting throughout Australia.

l)        The Club recognises the New South Wales Clay Target Association Incorporated as the authority for the sport of clay targeting shooting in New South Wales. The Club recognises the ACTA as the national authority for the sport of clay targeting shooting in Australia.

5                    Powers

Solely for the purpose of furthering its objects, the Club has the rights, powers and privileges of a natural person. Without limiting the generality of the foregoing, it has the power to:

a)     buy, sell, and generally deal with property of all kinds;

b)     construct, develop, improve or maintain buildings, grounds or amenities;

c)     engage or otherwise deal with employees;

d)     invest and deal with the money of the Club in such a manner as from time to time is thought fit;

e)     borrow or raise money on any terms and conditions, with or without security;

f)       draw, make and endorse cheques;

g)     lend money or give credit to any person for the purpose of pursuing the objects of the Club;

h)     prepare and publish, in any form, material relating to clay target shooting or the activities of the Club;

i)        join or affiliate with other clubs having like or similar objects;

j)        obtain relevant gaming and liquor licences;

k)      receive and accept gifts;

l)        sponsor and award scholarships out of Club funds;

m)   maintain insurance required by law and may maintain any insurances considered appropriate by the Committee; and

n)     do all other acts necessary or incidental to promote and attain the objects of the Club.

 

Part 2 – Membership

6                    Classes of Members

a)     The classes of membership are:

i)        General Members, who have the right to be present, speak and vote at General Meetings;

ii)       Paid Life Members, who have the right to be present, speak and vote at General Meetings;

iii)     Honorary Life Members, who have the right to be present, speak and vote at General Meetings; and

iv)      Temporary Members, who have no right to be present, speak or vote at General Meetings.

b)     General Member

A person is a General Member if he or she has:

iv)     submitted a written application to the Secretary of the Club;

v)      paid all of the membership fees set by the Club; and

vi)     been approved by the Committee.

c)     Paid Life Members

A person is a Paid Life Member if he or she has prior to the date of these Rules being adopted:

i)        submitted a written application to the Secretary of the Club;

ii)       paid a prescribed sum determined by the Committee being not less than 10 times the annual fee;

iii)     been approved by the Committee.

There are to be no further Paid Life Members to be approved by the Committee after the adoption of these Rules.

d)     Honorary Life Members

The Committee may confer an Honorary Life Membership for meritorious service to the Club if the member has been:

i)        a General Member or equivalent for at least five consecutive years;

ii)       recommended by the Committee and such recommendation has been posted on the Club noticeboard for one month prior to the Annual General Meeting at which their eligibility for Honorary Life Membership is to be considered; and

iii)     voted an Honorary Life Member by seventy five percent of members present at the Annual General Meeting.

At no time can the Club have any more than three Honorary Life Members. An Honorary Member will not be required to pay membership fees.

e)     Temporary Members

A person may apply to be a Temporary Member if the member:

i)        attends at the Club and completes a written application to the Club on the day of attendance;

ii)       submits an application for temporary exemption to the NSW Firearms Registry of the NSW Police Force; and

iii)     pays the temporary membership fee.

Temporary membership must be exercised under the supervision of a member holding a current firearms licence and is valid for a period of up to 3 months.

7                    Transitional Membership

a)     All members of the Committee immediately prior to the adoption of these Rules will continue to be members of the Committee subject to these Rules after their adoption. Those who held an executive office will continue in that office subject to these Rules after their adoption.

b)     All persons who were members under the rules of the Club prior to the adoption of these Rules will continue to be members after the adoption of these Rules but will be re-classified as follows:

 

Old Classification

New Classification

POWERS

 

 

Attend Meetings

Speak

Vote

Veteran

 

 

 

 

General Member

 

 

 

 

Lady

 

 

 

Adult

Family

 

 

 

Junior

 

 

 

 

Temporary

Temporary Member

X

X

X

Paid Life Member

Paid Life Member

Honorary Life Member

Honorary Life Member

8                    Applications for membership

Any person may apply to become a member of the Club by submitting a written application form along with membership fees to the Club Secretary. An applicant becomes a member when the application is approved by the Committee and the register of members must be amended accordingly. 

The Committee may accept or reject the application. If an application is rejected, the Committee need not give any reasons for the rejection.

 

9                    Duties of members

Members must:

a)     pay annual membership fees and monies owing to the Club by a date to be determined by the Committee;

b)     notify the Club of any change in address or contact details; and

c)     at all times comply with:

i)        these Rules;

ii)       the Shooting Rules and regulations;

iii)     any reasonable direction given by the Committee;

iv)     any law of Australia which relates to ownership and use of firearms; and

v)      Club Rules.

10               Discipline of members – Relevant Conduct

If an allegation is made that a member has:

a)     breached, failed, refused or neglected to comply with these Rules and/or Club Rules;

b)     acted in a manner prejudicial to the objects and interests of the Club or the sport of clay shooting, whether at the Club or outside of the Club;

c)     contravened any laws relevant to drugs in sport or to ownership or use of firearms;

d)     risked the safety of the members or of fellow members or any other persons;

e)     caused serious damage to property; or

f)       acted in an unsportsmanlike manner;

the matter may be referred for determination to the Committee after which they may:

i)      dismiss the allegation as being vexatious, trifling or frivolous; or

ii)   notify the member of the alleged conduct in writing; and

iii)      receive in writing or hear submissions from the member at a meeting in response to the notice should the member wish to make any such submissions and/or attend the meeting.

11               Discipline of members – Committee Powers

If the Committee is satisfied the conduct has occurred, the Committee may decide by majority to either:

a)     acquit;

b)     expel;

c)     suspend;

d)     warn; or

e)     fine

the member as the Committee deems appropriate. The decision must be made in writing, with reasons, and provided to the member as soon as practicable.

 

The Committee has the discretion to refer disciplinary matters to ACTA where appropriate.

12               Disputes among members

The Committee may refer disputes (not being disciplinary complaints subject to the jurisdiction of ACTA) between members, or between members and the Club, to a Community Justice Centre for mediation in accordance with the Community Justice Centres Act 1983 (NSW).

At least 7 days before a mediation session is scheduled to commence, the parties must exchange written statements of the issues that are in dispute between them and give copies to the mediator.

13               How membership ends

Membership will be terminated if the member:

a)     dies;

b)     fails to renew their membership;

c)     fails to pay monies owing to the Club within two months of the monies being due;

d)     resigns after having paid all fees and monies owing in accordance with the provisions of these Rules;

e)     is expelled by the Committee in accordance with these Rules; or

f)    ceases to be a member of the ACTA and the Committee deems it appropriate to cancel the membership.

 

14               Membership entitlements not transferable

A right, privilege or obligation that a member has by virtue of being a member cannot be transferred and ends when the membership ends. The Club will not refund membership fees or other donations on termination of membership.

15               Liability of members

The liability of a member of the Club to contribute towards the payment of the debts and liabilities of the Club or the costs, charges and expenses of the winding up of the Club, is limited to the member’s unpaid membership fees and other charges, if any.

16               Register of members

The Public Officer of the Club must keep and maintain a register of members of the Club specifying the name and address of each member, the date on which they became a member and, if applicable, ceased to be a member.

For security reasons, the full register will not be available for inspection but members may arrange by reasonable notice and request to the Public Officer to inspect an extract which includes the names of current members and the date of their admission but not their addresses.

 

17               Fees and Subscriptions

Annual membership fees and other subscriptions will be determined by the Committee. The Committee may set different fees for different categories of general members (eg Veteran, Family, Junior). The Committee has the authority to alter these fees without the approval of the majority of voting members. Any changes must be notified to all members.

Fees and subscriptions will be due on a date determined by the Committee. A member admitted to membership during the year must pay the full fees and subscriptions for the year.

 

Part 3 – The Committee

18               Rules and Membership

The Club will be managed by a Committee of no more than ten General Committee Members together with the following office bearers:

a)     President;

b)     Vice-President;

c)     Public Officer / Secretary;

d)     Treasurer; and

e)     Club Captain.

19               Powers of the Committee

The Committee subject to any resolution passed at a Club General Meeting:

a)     is to control and manage the affairs of the Club;

b)     may exercise the functions required of the Club for the proper management of its affairs not allocated to an office bearer; and

c)     make rules being Club Rules regarding the conduct of Members and competitions.

20               Election of Committee Members

a)     The Office Bearer position and the Committee positions will be elected at each Annual General Meeting.

b)     Retiring officers will be eligible for re-election.

c)     Nominations for Office Bearers and Committee members must be given to the Secretary prior to the Annual General Meeting.

d)     Nominations must be signed by one other member prior to being given to the Public Officer/Secretary.


e)     If the number of nominations for Committee positions received exceeds the number of vacancies to be filled a ballot is to be held in a usual and proper manner to be determined by the Committee.

f)       If the number of nominations for Committee positions received is equal to the number of positions to be filled, the persons are taken to be elected.

g)     If there is only one nomination for each Office Bearer position the persons are taken to be elected.

h)     If insufficient nominations are received then any vacant positions are casual vacancies which may be filled in accordance with the casual vacancy clause below, provided that the position of Public Officer / Secretary must at all times be filled in accordance with the Act.

i)        Any person who is not elected as an office bearer at the Annual General Meeting is still eligible thereafter to be voted in as a General Committee Member.

j)        The term of appointment shall be for a period of twelve months or until the next Annual General Meeting.

21               Public Officer / Secretary Duties

a)     The Secretary must as soon as practical after being elected to the position informs the Club of his or her address.

b)     It is the duty of the Secretary to keep minutes of:

i)        all appointments of Office-Bearers and Committee Members;

ii)       which Committee Members are present at meetings; and

iii)     all proceedings at meetings.

c)     The minutes are to be signed by the Presiding Officer of the meeting.

d)     It is the responsibility of the Secretary to perform the duties of Public Officer.

e)     It is the responsibility of the Secretary to oversee the collection and processing of:

i)        incoming mail;

ii)       Committee Nominations; and

iii)     Membership Applications.

22               Treasurer

It is the duty of the Treasurer of the Club to ensure that:

a)     all money due to the Club is collected and received and that all payments authorised by the Club are made; and

b)     correct books and accounts are kept showing the financial affairs of the Club  including full details of receipts and expenditure connected with its activities.

23               Casual Vacancies

a)     The office of a member of the Committee shall become vacant if the member:

i)        dies;

ii)       ceases to be a member of the Club;

iii)     becomes bankrupt;

iv)     resigns office by notice in writing given to the Club;

v)      becomes an employee of the Club;

vi)     is absent without the consent of the Committee for three consecutive meetings of the Committee;

vii)   is removed from office under Rule 24 a).

b)     The Committee may elect any member of the Club to fill a casual vacancy.

24               Removal of a Member

a)     The Committee may remove a Committee member by a majority of votes cast at a meeting of the Committee called for that purpose. The Committee member in question must be given reasonable opportunity to address the meeting of the Committee before the vote is taken.

b)     A member of the Committee who fails to attend three consecutive meetings without apology to the President or Secretary ceases to be a member of the Committee with the position becoming vacant.

25               Meetings and Quorum

a)     The Committee must meet at least six times a year on a date set by the Committee.

b)     Notice of a meeting given under clause 25 b) must specify the general nature of the business to be transacted at the meeting and no business other than that business is to be transacted at the meeting expect business which the Committee members present at the meeting unanimously agree to treat as urgent business.

c)      If the business to be transacted at the meeting includes:

i)        removal of a Committee Member; or

ii)       winding up of the Club

then written notice of the meeting must be given by the Public Officer/Secretary to each member of the Committee at least five business days before the time appointed for the holding of the meeting.

d)     Subject to clause c), oral or written notice of a meeting of the Committee must be given by the Public Officer/Secretary to each member of the Committee at least 48 hours (or such other period as may be unanimously agreed on by the members of the Committee) before the time appointed for the holding of the meeting.

e)               At all meetings of the Committee, five Committee members including office bearers will form a quorum.

f)    If a quorum of members is not present within 30 minutes of the commencement of the meeting, the meeting will be cancelled and another meeting called giving 21 days notice.

 


26               Chair of Committee

a)     The President or in the President’s absence, the Vice-President, is to preside as chairperson at each general meeting of the association.

b)     If the President and the Vice President are absent or unwilling to act, the members present must elect one of their number to preside as chairperson at the meeting.

27               Delegation by Committee to Sub-Committee

The Committee may delegate in writing to one or more sub- committees (consisting of Club members as chosen by the Committee) the exercise of its functions, other than:

a)     this power of delegation, and

b)     a function which is a duty imposed on the Committee by the Act or by any other law.

28               Voting and decisions

Questions arising at a meeting of the Committee or of any Sub-Committee appointed by it, are to be determined by a majority of the votes of Committee or Sub-Committee members present at the meeting. In the event of an equality of votes on a question, the chair may exercise a second (or casting) vote.

Part 4 – General meetings

29               Annual General Meetings (‘AGM’)

Calling an AGM

 

a)     The Committee must convene an AGM each year at a place, time and date chosen by the Committee in compliance with the requirements of the Act.

 

AGM Business

 

b)     The business of an AGM must include (in addition to any other business that may be transacted at an AGM):

i)        confirming the minutes of the last preceding AGM and of any special general meeting held since that meeting;

ii)      receiving from the Committee reports on the activities of the Club in the last preceding financial year;

iii)    receiving and considering the statement which is required to be submitted to members under of the Act; and

iv)    electing office bearers of the Club and ordinary members of the Committee.


30               Special general meetings (‘SGM’)

Committee may call an SGM

a)     The Committee may, whenever it thinks fit, convene a SGM of the club.

b)     The Committee must convene a SGM of the Club on the requisition of ten percent of the voting members of the Club.

Members may requisition an SGM

c)     A requisition of members for a SGM:

i)        must state the purpose or purposes of the meeting;

ii)       must be signed by the members making the requisition;

iii)     must be delivered to the Public Officer of the Club; and

iv)     may consist of several documents in similar form each signed by one or more of the members making the requisition.

d)     If the Committee does not convene a Special General Meeting within 45 days of the requisition being delivered to the Public Officer, any one or more of the members who made the requisition may convene a SGM. The meeting must be convened as soon as practicable in the same manner as General Meetings, and any member who incurs expense in convening the meeting is entitled to be reimbursed by the Club.

31               Notices

General Meetings GM

a)     At least 28 days notice of a General Meeting must be given to each member entitled to attend. The notice must specify the place, date and time of the meeting, and the nature of the business to be transacted at it.

b)     A member entitled to vote who wishes to bring any business before a General Meeting must request to do so in writing to the Secretary. The Committee must include this business in the next notice calling a General Meeting.

Annual General Meetings AGM

c)     If the meeting is an AGM, in addition to meeting the requirements of the notice must specify that it is an AGM and at least seven days before the date of the meeting the Committee must provide to all members entitled to attend the meeting:

i)        a written report of the President on the activities of the Club during the relevant financial year;

ii)       a report of the Treasurer containing a statement of the Club’s income and expenditure;

iii)     an up-to date balance sheet for the Club for the Club’s financial year; and

iv)     the details of any mortgages, charges and other securities of any description affecting any property of the Club at the end of that financial year.

 


Special Resolutions

d)     If the nature of any business proposed to be dealt with at the meeting requires a special resolution, the notice, in addition to meeting the requirements of b)  must specify the intention to propose the resolution as a special resolution.

Business not to be Transacted Unless Notified

e)     No business other than that specified in the notice convening a general meeting is to be transacted at the meeting, except, if the meeting is an AGM, business which must be transacted under c).

 

32               Quorum

a)     No item of business is to be transacted at a general meeting or AGM unless a quorum of at least 10% of all General Members entitled to vote is present.

b)     If within 30 minutes of the appointed time for the commencement of a General Meeting or AGM a quorum is not present the meeting:

i)        if convened on the requisition of members must be dissolved;

ii)       in any other case, is to stand adjourned to the next day at the same time and place.

c)     If at the adjourned meeting a quorum is not present within 30 minutes of the appointed time for the commencement of the meeting, five (5) members present in person will constitute a quorum.

33               Presiding Member

The President or, in the President’s absence, the Vice-President is to preside at General Meetings or AGMs as the Chair. If the President and Vice-President are both absent, unwilling or unable to act, the members present must elect another member to preside as the Chair.

34               Minutes to be kept

The Chair must ensure that minutes of the proceedings at a meeting are made. Minutes must be signed by the Chair of the meeting or by the Chair of the next general meeting.

35               Adjournment

a)     The Chair of a general meeting or AGM may, with the consent of the majority of members present, adjourn the meeting to another time and place.

b)     No business is to be transacted at an adjourned meeting other than the business left unfinished at the meeting at which the adjournment took place.

c)     Notice of an adjourned meeting need not be given unless the adjournment is for 14 days or more. If a meeting is adjourned for 14 days or more, a notice of the adjourned meeting must be given to each member of the Club entitled to be present, stating the place, date and time of the meeting and the nature of the business to be transacted at it.


36               Making of decisions

Questions determined by show of hands

a)     Questions arising at a General Meeting or AGM may be determined on a show of hands unless a poll is requested under clause 36 c) before or on the declaration of the show of hands.

b)     If a poll is not requested, a declaration by the Chair that a resolution has been carried or lost is evidence of the fact without proof of the number or proportion of votes recorded in favour of or against that resolution.

Poll may be required

c)     A poll on any question may be requested by the Chair or by at least three (3) members present in person at the meeting.

d)     If a poll is requested, the poll must be taken:

i)        immediately if it relates to the election of the Chair or to an adjournment;

ii)       if it relates to any other matter, before the close of the meeting, but otherwise in the manner and at the time directed by the Chair.

e)     The resolution of a poll on a question is to be taken as the resolution of the meeting on that question.

37               Voting

a)     On any question arising at a General Meeting or AGM each member has one vote only.

b)     All votes must be given personally.

c)     Only financial members are entitled to vote at any General Meeting or AGM.

d)     In the case of equal votes on a question at a General Meeting or AGM, the Chair may exercise a casting vote.

Part 5 – Miscellaneous

38               Source of Funds

a)     The funds of the Club are to be derived from entrance fees and annual subscriptions of members, donations and any other sources determined by the Committee.

b)     All money received by the Club must be deposited into the Club bank account as soon as practicable.

c)     Receipts must be issued as soon as practical after receiving money.

39               Management of Funds

a)     The funds of the Club are to be used for the objects of the Club in a manner to be determined by the Committee.

b)     All cheques, drafts, bills of exchange, promissory notes and other negotiable instruments must be signed by any two Committee members authorised by the Committee.


40               Alteration of Rules

These Rules may be altered, rescinded or added to by only by a special resolution of the Club’s members.

41               Common Seal

a)     The common seal of the Club must be kept in the custody of the President.

b)     The common seal must not be affixed to any instrument except by the authority of the Committee and the affixing of it must be attested by the signature of the President and another member of the Committee.

42               Custody of Books

Except as otherwise provided by these rules, the Public Officer must keep in his or her custody or under his or her control all records, books and other documents relating to the Club.

43               Inspection of Books

Subject to Rule 42 the records, books and other documents of the Club must be open to inspection, free of charge, by a member of the Club at any reasonable hour.

44               Notices

A notice may be given to the Club by:

a)     addressing it to the Club and leaving it at or sending it by post to the address of the Public Officer of the Club last notified under the Act, whether or not            there is at the time a vacancy in the office of Public Officer; or

b)     by delivering it personally to the Public Officer or to each of two members of the Committee; or

c)     sending it by email or fax to the Club’s email address or fax number, as published by the Club in the current ‘Blue Book’.

45               Manner of Giving Notices to Members

A notice may be given to a Member of the Club by:

a)     delivering it personally to the Member; or

b)     sending it to the Member by post, email or fax at the address or number last provided to the Club by the Member.

46               Time When Notice Effectively Given

A notice is to be taken as given, unless the contrary is proved:

a)     in the case of a notice given personally, when it is delivered;

b)     in the case of a notice left at the address of the Public Officer, the next business day after it has been delivered;

c)     in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post; or

d)     in the case of a notice sent by email or fax, on the day it was sent.


 

47               Surplus Property

The assets and income of the organisation shall be applied solely in furtherance of its above-mentioned objects and no portion shall be distributed directly or indirectly to the members of the organisation except as bona fide compensation for services rendered or expenses incurred on behalf of the organisation.

 

 
To top
 © 1999-2011  Newcastle Lake Macquarie Clay Target Club Inc
 
Web Site Maintained by