(a) These Rules shall be called the MAHANADI CLUB RULES 2004 here in after referred to as the Rules.
In these Rules unless there is something repugnant in the subject or the context.
- ‘Committee’ means the Executive Committee constituted under the Rules.
- ‘Member’ means all categories of Members admitted under Rule-4.
- ‘Non-Resident Member’ means a Permanent Member who has shifted his residence either temporarily or otherwise, a place which is more than 50 kms, from the Municipal limits of Sambalpur.
- ‘Guest’ means and includes parents of the Member, sisters of the Member dependent on him. Sons and daughters above the age of 25, family guest of the Member residing temporarily with him, casual guests nor ordinarily resident within 10 km of Sambalpur Municipal area and casual guests resident within 10 Kms of Sambalpur Municipal area but not a person whose application for membership has ceased or whose membership has been suspended for a length of period under the provisions of these Articles.
- President, Vice-President, Honorary Secretary/Secretary, Treasurer and Joint Secretary means those persons who have been duly nominated or elected to the respective posts as per provisions of these rules.
- ‘Returning Officer’ means the person approved by the Executive Committee for conducting the annual election of the Members of the Executive Committee.
- A Notice to the Member will be deemed to have been given if such notice is sent to the address indicated in the Member’s application for admission or the latest address notified by the Member or where no such address as available, if the notice is put on the Club’s Notice Board.
- The words he or derivatives thereof shall include the word she or derivatives there of where ever so applicable.
- ‘Family’ means family of a Member consisting of his/her spouse, and unmarried dependent children below the age of 25.
- Month means calendar month and shall include also unexpired part of the month.
Membership of the club is open to Ladies and Gentleman who are above the age of 25 years. The total number of Permanent Members excluding other categories of Members shall at no time exceed one thousand. However, the Committee shall have discretion to exceed this limit in the case of admission (a) widows of Permanent Members and (b) children of Permanent Members of more than 10 years Membership tenure in the Club.
CLASSES OF MEMBERS
Permanent Member :
- The following categories of persons will be eligible to be considered for admission as Permanent members.
- Officers of Govt. of Orissa/India/Any State/UT
- Senior Officers belonging to PSU/PSC Bodies/Autonomous Bodies of Govt. of Orissa/India/Any Other State/UT
- Retired Govt. Servants with excellence in any creative field.
- Member’s eligible child nominated by member.
- Others (Ladies & Gentleman having good social standing and status in the society)
- Non Resident Member means a Permanent Member as is ordinarily not resident within 50 Kms of Sambalpur Municipal Area or is ordinarily resident within this area but who may cease to reside within these limits for a continuous period of three months or more and give notice in writing to the Secretary of such ceasure of residence and of his desire to be treated as a Non Residence Member. The Committee has the power to fix from time to time the subscription of Non Resident Members. The Committee has also power to fix from time to time the terms and conditions for the use of amenities of the Club by Non Resident members do not enjoy voting rights in the meetings of the General Body.
(a) Honorary Member/Patron.
Honorary Members/Patrons include persons of eminence who may be invited with the approval of the Executive Committee to become Honorary members without the usual admission procedure and without payment of entrance fees or subscription for the period to be determined by the Executive Committee.
When a person is admitted as a Patron, Vice-Patron or Honorary member, the Committee shall indicate whether such privilege is conferred on the person in his individual capacity or in ex-officio capacity. In case it is in ex-officio capacity this privilege will automatically cease to exist when the person vacates the concerned office. Honorary members do not enjoy voting rights in the meetings of General Body.
(b) Life Member
Persons, in their individual capacity, coming within the definition of Permanent Members who wish to become Life Members, on payment of the prescribed entrance fee can be admitted as Life Members, as decided by the Executive Committee as per usual admission procedure. This class of Members enjoys voting rights in the meetings of the General Body.
(d) Corporate Member
Companies registered under Companies Act, 1956, other forms of business organizations, voluntary associations registered under the Registration of Societies Act and any other association can be admitted at the discretion of the committee as a Corporate Member of the Club. The procedure prescribed for admission of a permanent member shall mutadis mutandis apply for admission of such Corporate Members.
PROVIDED that the organization admitted as a Corporate Member shall nominate three persons not below the status of a covenanted officer or senior executive as their representative who will be entitled to enjoy the facilities of the Club and such nomination can be changed from time to time by notice in writing to the Secretary.
PROVIDED FURTHER that the initial nomination and subsequent changes shall become effective after approval by the Secretary subject to such conditions as may be prescribed from time to time by the Committee.
PROVIDED FURTHER that the Organization admitted as a Corporate Member can nominate more than three persons as their representative if they pay the prescribed amount for each additional representative. This class of Members enjoys voting rights provided a Corporate Member irrespective of number of nominees has only one vote in the meeting of the General Body.
(e) Institutional Member
Institutional Members include Institutions, autonomous bodies incorporated under special statute, voluntary bodies, associations which are registered under the Societies Registration Act, 1860 or Co-operative Societies Act can be admitted on usual prescribed procedure. Institutional members do not enjoy voting rights in the meeting of the General Body.
(f) Temporary Members
Temporary members shall be admitted on payment of prescribed non-refundable entrance fee. Temporary members shall be proposed by one permanent members and seconded by two permanent members of not less than two years standing and approved by the Honorary Secretary subject to formal ratification by the Executive Committee and subject further to the following conditions:-
- No one can be a temporary member of the Club for more than 90 days in a calendar year or more than three times in a Calendar year for a period of the 30 days each. Periods of shorter duration will count as 30 days.
- No one permanently residing in Sambalpur shall be eligible to become a Temporary Member.
- Temporary members shall have all the privileges of members except those of attending and voting at the General Body meeting, serving as Members of any Committee of the Club or proposing or seconding new candidates for members.
ADMISSION PROCEDURE & COMMENCEMENT OF MEMBERSHIP
- Every candidate for admission to the club must be proposed for admission by one Member and seconded by another Member to both of whom the applicant must be known personally. The proposal will be in the form as may be prescribed from time to time by the committee.
PROVIDED that the Entrance Fee shall accompany the proposal in the form of cash or Bank draft or cheque on any Bank in Sambalpur drawn in favor of the Club. Proposal without Entry fee shall be treated as invalid. PROVIDED FURTHER that a proposal to admit a new Member is rejected or withdrawn as per provision of the Rules, the Entry fee shall be returned by the Club to the applicant for such membership.
PROVIDED that the proposer or the seconder shall not be a defaulter in payment of the Club’s dues in excess of the permissible limit fixed by the Club committee from time to time.
- The proposal form for admission of a new Member duly filled up shall be put on the Notice Board of the Club at least two weeks in advance of the date of the Committee meeting when the proposal shall be considered. If not less than ten permanent or life members of the club object in writing to the Secretary against the admission, such application for the membership should be rejected provided that such objection in writing shall be kept confidential but the secretary. In all other cases the Committee will decide whether to admit or not to admit the applicant as a Permanent Member. Membership shall be decided by the Members of the Committee.
PROVIDED that when a application for memberships which has been proposed or seconded by any member(s) of the Committee, such member(s) of the Committee shall abstain from the deliberations of the Committee when such question of admission is being discussed and not take part in the secret ballot process.
PROVIDED that the proposal for the admission of the Corporate Members hall also contain the permanent address of the Head Quarters Office of the Corporate Organization.
- The candidate can withdraw his name before expiry of the period of two weeks mentioned above.
- If the applicant is not admitted the Secretary shall inform the proposed of the same. Particulars of Members who objected to the admission shall be kept confidential by the Secretary.
- An applicant whose application is rejected or whose name is withdrawn shall not again be proposed for admission to the Club for a period of six months from the date of publication on the Notice Board.
- The Executive Committee shall approve or reject the applications for membership.
- A new member (excluding Corporate / Institutional members, and Temporary members) will be in probation for a period of one year from the date of induction or till he is confirmed a regular member whichever is later. Such confirmation will be in the shape of a resolution of the Executive Committee. During the period of probation he/she will not having voting rights. During the period of probation, the members who have proposed or seconded the application for membership, will be held responsible for any default in payment of club dues or any so of in-discipline or misconduct. During the period probation he/she will not have voting rights.
(b) Commencement of membership
- In case of Permanent Members, Life Members, Corporate/Institutional Members, the membership of the club shall commence from the date of approval by the Executive Committee in the prescribed manner.
- In the case of the Honorary Members, it will be from the date of receipt by the Honorary Secretary of the acceptance of the offer extended by the Executive Committee.
- In the case of Temporary Members, it will commence from the date of approval by the Honorary Secretary.
- All classes of membership shall automatically cease on death, resignation after settlement of dues up to date or as otherwise provided for the Rules. A member, who has resigned his membership in good standing from the Club, may with the approval of the Executive Committee be readmitted out of turn on payment of entrance fee.
- Application have to pay the following entry fee at the time of application
|1) Permanent Member||Entrance fees|
(a) Officers of Govt. of Orissa / India /Any State/UT Senior officers belonging
|(b) Retd. Govt. servants with excellence in any creative fields||Rs. 5000|
|(c) Members’ Child nominated by the Member||Rs. 25000|
|(d) All others(Ref. clause (i)(e)of Rule-4)||Rs. 50000|
|2) Life Members||Rs. 100000|
|3) Corporate Members/Institutional Members*||Rs. 150000|
|4) Temporary Members (3 months tenure)||Rs. 2000|
*Corporate member can nominate more than three members if they pay RS 50,000/-for each additional representative
B. The entry/entrance fee will not be refunded once the applicant member has been admitted as a member and the same will in no case be refunded even on cessation/death or resignation/termination or any such contingent circumstances.
- The monthly subscription of all categories of members (excepting the Life Members) shall be as decided by the Committee from time to time.
PROVIDED that the Members shall be liable to pay additional charges for Club services provided by the Club, the charges for each service being fixed by the Committee from time to time.
PROVIDED that these mentioned in the proviso above shall be so fixed by the Committee that the cost of providing facility or service is recovered from particular charges so fixed.
PROVIDED that any Members may pay the subscription in advance if he so desired.
- All payments to the Club will be either in cash or in shape of cheque or demand draft or pay order payable on any bank situated in Sambalpur. In case of out-station cheques a separate collection charges will be levied.
- It is incumbent on all categories of Members to ascertain the dues payable to the Club and to pay such dues within the period. The Club is not responsible for any liability accruing to the Member due to non-payment of the dues of the Member solely due to reason that the Club has not sent the bills for such dues to the Members for any reason whatsoever
- The monthly subscription shall be paid in advance. All others dues of the Members shall be paid within the period prescribed by the Committee. If the dues are not paid within prescribed period, interest /surcharge on such dues may be charged at the rates as decided by the Committee.
No non-members shall be allowed to the Club unless introduced and accompanied by Member except as otherwise permitted as under:
- Any Member, other than affiliated and other eligible Members may bring their friends into the Club as their guests, provided that such friends are eligible for Membership of the Club, and they may partake of meals or other refreshments and may be introduced into the public rooms of the Club.
- Bonafide visitors to Sambalpur may be introduced as guests for not more than twelve occasions during a calendar year by the same Member. A guest who is a resident of Sambalpur may be introduced for not more than six occasions during a calendar year by the same Member.
- The names of the guests shall be entered in the book provided for the purpose. Every Member introducing guest shall be responsible for their conduct and for the compliance with the Rules and Bye-Laws of the Club.
PROVIDED that the guest who are resident within 10Kms. Of Sambalpur Municipal area will not be admitted to the Club as a guest unless so permitted by the Secretary or a Member of the Committee authorized in this behalf.
PROVIDED FURTHER that a member can get the permission mentioned in the foregoing provisions on a looting subject of such terms and conditions as the Committee may decide upon for such purpose.
PROVIDED FURTHER that the Committee has the power to lay down the terms and conditions for the use of the Club by guests including the guest charges to be levied and all other matters relevant thereto. The Committee may relax the rule.
CLUB FACILITIES / AMENTIES AND PAYMENT OF CLUB DUES
The amenities at the Club are intended primarily for the benefit of the Member and his family.
PROVIDED that the guest will be permitted to use the facilities of the Club subject to such restrictions and condition as may prescribed time to time by the Committee.
PROVIDED FURTHER that Members of affiliated Clubs can avail facilities of the Club subject to such terms and conditions as may be prescribed from time to time by the Committee.
b) Payment of the Dues and credit facilities
Club facilities are provided to the members (excepting Temporary Member and members of the affiliated Clubs) against credit for a month. All Clubs Bills shall be mailed or presented not later than the 15th of each month and all sums due shall be settled in full not later than 5th of the ext month irrespective of amount due. Any Member who has not paid his bill on due date shall be changed surcharge@21% p.a (or at such rate as may be fixed by the committee from time to time) from due date to the date of payment subject to other restrictions like deprival of Credit facilities, deprival of services etc.
- Credit facilities to the Member for Club services The Committee may fix a limit for credit facilities to be availed by members of the Club. However the Committee reserves the rights to disallow such credit facility to the defaulting member/members if it is deemed necessary.
- It shall be the duty of every member of the Club to ascertain whether or not he is indebted to the Club, and it shall be especially incumbent on him not to leave Sambalpur without discharging such debt. The provision in the clause (i) regarding the presentation of the bills to members who may be indebted to the Club shall not be held to relieve them of their responsibility in this aspect, and not receipt by members of a bill or bills will in no way free them from the penalty attached to non-payment. Any change of address must be noticed to the Office in writing and the member must insist on a confirmation of recording change of address from the office.
If a member has not paid his bill by the fifth day of the month, succeeding the month for which the bill has been sent, the Member’s name shall be posted on the Club Notice Board as a defaulter under postal intimation to the concerned Member. Thereafter, in case the Member does not pay his bill within ten days of his name being posted, on the Club Notice Board as defaulter, his membership may be terminated by the Executive of the Club. Example: ”The for the month of March will be sent to the member before 15th of April and it is payable on or before 5th of May in case failure of making payment, the member’s name will be posted on the Club Notice Board as defaulter under postal intimation to the concerned member. In case of failure to pay the bill by 15th of May, the membership of the defaulting Member may be terminated by the Executive Committee”.
CESSATION OF MEMBERSHIP, DISCIPLINE AND RESTORATION OF MEMBERSHIP
(A) Cessation of membership
A Member shall cease to be a member and his connection with the Club shall be terminated in any of the following ways.
- On a voluntary resignation in a letter addressed to the Secretary provided of outstanding dues have been paid at the time of sending the letter of resignation.
- On being adjudged an insolvent by the competent court of law.
- On being dismissed by Member’s employer for an offence involving moral turpitude or a Member being convicted by a competent court of law of an offence involving moral turpitude.
- On being found guilty of grave misconduct of the Members himself or his guest. PROVIDED that the Committee arrives at such a decision after giving the Member an opportunity to be heard by the Committee. PROVIDED FURTHER that the Member has the right of appeal against such a decision of the Committee to the Annual General Meeting. Till the appeal decided upon, the Member shall not be eligible to use the facilities of the Club.
- On expulsion by a vote of majority of not less than two thirds of the Members present at an extraordinary General Meeting convened for the purpose.
- On removal of his name from Membership Register of the Club on account of negligence/refusal in the payment of the Club dues.
On vacating the concerned office by a Patron/Honorary Member admitted in his ex-officio capacity.
1) If any Member uses, in the Club premises, improper language or indecorous behavior towards another Member or Member’s family or guest or any Club employee or breaks or otherwise damages any Club property deliberately or behaves in a manner not befitting a Member of the Club or assaults or threatens to assault any employee of the Club or if a Member’s guest commits any of the acts of misconduct he may become liable for summary punishment by the President of the Club and such punishment may be any all of the following.
- Deprival of all or some of the facilities of the Club to the errant Member for a period to be specified in the order of the President.
- Levy of penalty not exceeding six times the cost of replacement or repair of the Club properly broken or damaged by the errant Member.
- Suspension of Membership for a period to be specified in the orders of the President.
- Termination of the Membership: PROVIDED that the President of the Club can act suo moto in initiating the proceedings under this Rule either on receipt of written or oral communication from anybody or based on his own information.
PROVIDED FURTHER the President of the Club shall give an opportunity to the errant Member to be heard before awarding the punishment. These proceedings shall however be of a summery nature.
PROVIDED FURTHER that an appeal against the order of the President of the Club shall lie with Committee if the errant Member prefers an appeal in writing in this regard to the Secretary within seven days of the order of the President of the Club. During the pendency of the appeal the order of punishment of the President of the Club shall remain in force. The errant member has the right of appeal against the decision of Committee to the annual or extraordinary General Meeting. The Committee may prohibit any Member or Members whose conduct forms the subject of enquiry, from using the Club, pending the decision of the Annual/Extraordinary General Meeting.
PROVIDED FURTHER that it is open to the President of the Club to refer the matter to the Committee for taking action if his is of the opinion that the acts of errant Member are sufficiently serious to warrants such course of action.
PROVIDED that in the emergency, when the President is not available, the Vice-President may exercise the above powers subject to ratification by the President and all action taken by the President and Vice-President under the Article shall be placed before the Committee.
(2) A Member whose connection with the Club is terminated or ceased by virtue of operation of the provision of RULE-10 shall, in case he is a Member of the Committee automatically ceases to be a Member of the Committee from the date of such termination or cessation.
(3) Notwithstanding anything contained in RULE -10 (B) (1), the President, or in his absence, the Vice-President or in the absence of the President as well as Vice-President, the Honorary Secretary may suspend, the membership of any member of any category for such period as it may be specified for the purpose where the disciplinary proceeding against such member is contemplated or in pending against him. The order of suspension made or deemed to have been made shall continue to remain in force until it is modified or revoked by such authority who is competent to pass the order or by the Committee or by the General body in the AGM or EGM. During the period of suspension, the member against whom the disciplinary proceedings are pending shall be deprived of all or any of the facilities of the Club, as may be specified in the order.
(4) Carrying the fire arms to the Club premises is prohibited and violation of condition shall attract the provisions of this Rule
(C) Readmission of Terminated Members:
- Persons ceasing to be Members on account of grave misconduct himself or his guest shall not be considered for readmission as Members of the Club.
- Persons ceasing to be Member on account of non-payment of dues may be readmitted as Members on application and approval by the Committee, out of turn only after expiry of six months from that date from which he ceased to be a Member on payment of all dues payable during the period for which he is ceased to be a Member provided that he has not been a defaulter in payment of the Club dues more than once. The Committee however, reserves right of admission or otherwise, of such ceased Member, provided that an appeal against the decision of the Committee for the refusal on readmission of the ceased Member shall lie with the Annual General Meeting and the decision of the AGM is final.
ANNUAL GENERAL MEETINGS,
EXTRA ORDINARY MEETINGS-QUORUM
- The General Body shall elect the Executive Committee out of all eligible voting members annually in the Annual General Meeting.The Executive Committee shall consist of 15(fifteen) members including the President, out of these 15 members, 8 members shall be Govt. officials serving at Sambalpur and seven members shall be from other categories. PROVIDED further that the Committee shall co-opt such members (Govt. as well as other categories) to confirm to the provision of the above rules. PROVIDED that at no time the number of Government officials (serving at Sambalpur) in the Committee shall be less than half of the total number of persons in the Committee. If the total number of members in an odd number, the number of Government officials (serving at Sambalpur) shall not be less than a number equal to half of the total number of such members added by one. PROVIDED FURTHER that the Committee shall co-opt such member so as to conform to the provisions of this Rule. PROVIDED FURTHER that the post of President and Vice-President shall not be contested and RDC, ND, Sambalpur, DIGP, NR, Sambalpur shall be nominated as the ex-officio President and Vice-President of the Club. PROVIDED FURTHER that a person eligible for the post of Secretary should be senior State or Central Govt. official serving at Sambalpur.
- A General Meeting of the Club shall be held after the month of March of each year or as may be predictable.
- The Meeting held shall be called Annual General Meeting and all other meetings of the Club shall be called Extraordinary General Meeting.
- The Committee at any time on their own authority may, or in a written requisition of not less than one tenth of the total of all the Members having at the said date a right to vote in regard to the matter, shall call an Extraordinary General Meeting, specifying shortly the particular for which the Meeting is called and such Meeting shall not be at liberty to discuss any subject other than that specified in the notice or requisition as the case may be.
- Decisions on all issues/items discussed in any Annual and Extraordinary General Meeting including adjourned Meetings thereof shall be by majority of vote the Members present and entitled to vote provided that Members present constitute the prescribed quorum. PROVIDED that will govern the procedure for ascertaining majority where applicable.
- On a date fixed by the Committee the Honorary Secretary shall cause notice to be sent to Members of the Annual General Meeting or Extraordinary General Meeting at fifteen days before the date of the Meeting along with the Agenda items for discussions. The dates and Agenda item have to be approved by the Committee before issue of notice by the Honorary Secretary. The notice shall be sent by post to the address given by the Members in their membership application forms. A copy of this notice and Agenda items will be put on the Notice Board of the Club fifteen days before the date of Meeting. Any claims that notice or the Agenda items were not received by any Members shall not invalidate the proceedings of any such Meeting.
- The proceedings of Annual General Meeting shall include:............
- To receive the Committee’s report.
- To adopt the Audit report and to accounts for the preceding year (1st April to 31st March).
- To elect the Honorary Secretary, a joint Secretary and six Members of the Committee.
- To transact any other business duly brought forward.
- To appoint Auditors
- To transact any other business duly brought forward.
- When it is proposed to after or revises any of these Rules or adds thereto, such proposal shall be published in the Club’s Notice Board and a notice intimating such publication shall be sent to the Members in the manner prescribed for sending notices for Annual General Meetings or Extraordinary General Meetings.
- When a Member proposed any alteration or addition in Rules or withdrawal thereof, he shall intimate the details to the Secretary along with the details of the proposed changes not less than ten days before the date of Meeting. The Secretary shall put these proposals on the Club’s Notice Board and notify the Members about the fact of such publication in the Club’s Notice Board.
- Thirty Members present in person shall constitute a quorum for the Annual and Extraordinary General Meeting. The President of the Club shall be the Chairman of the Meeting. In the absence of President and Vice-President the members present shall choose any one of the Members present to be Chairman of the Meeting.
- Any Member of the Club entitled to attend and vote at a meeting of Club shall not be entitled to appoint another person (whether a member or not) as his proxy to attend and vote instead of himself.
- If within a hour from the time appointed for any Annual or Extraordinary General Meeting a quorum is not present the Meeting shall stand adjourned to the same day in the next week in the same time and place and if at such adjourned Meeting a quorum is not present those Members who are present shall form the quorum and may transact the business for which the Meeting was called.
- At any Annual or Extraordinary General Meeting or adjourned meeting thereof unless voting is demanded by at least five members present, a declaration by the Chairman that a resolution has been carried or carried by a particular majority or lost or not carried by a particular majority and an entry to that effect in the book of proceedings of the Club shall be conclusive evidence of the fact without proof of the number proportion of the votes recorded in favor of or against such resolution. PROVIDED that any members willing to be on the Committee of Management has to have completed two years of continuous membership of the Club on or before that date of c filling of the nomination for being elected as a Member of Committee of Management. However, this will not be applicable to such members who at a given point of time in the past have already completed one year as a Member of the Club. Nonresident Members are not eligible to vote or contest for any post on the Committee of Management. PROVIDED that for election of Honorary Secretary, Jt. Secretary and the six Committee Members. If more valid nominations than the number prescribed for each office have been received, the election of Honorary Secretary and the six Committee Members as the case may be shall be by poling of the votes of the Members. PROVIDED FURTHER that the Committee shall decide the procedure for filling the nomination for the post, the Honorary Secretary, Jt. Secretary, the six Members of the committee, for scrutiny of such nominations, for withdrawal of such nominations, for polling of votes for election of these bearers, for declaration of results of election and for the appointment of the Returning Officers for these purposes.
- If a poll is demanded as aforesaid or where a poll is mandatory it shall be taken in such manner and at such time and place as the Chairman of the Meeting directs and either at once or after a interval or adjournment or otherwise; and the result of the poll shall be deemed to the resolution of the Meeting at which the poll was demanded. In case of poll at an Annual or Extraordinary General Meeting or adjourned Meeting thereof each member entitled to a vote. In case of equality of the vote the Chairman of the Meeting or the adjourned Meeting as the case may be shall have casting vote in addition to the vote he is entitled to as a Member.
- The Chairman of the Annual or Extraordinary General Meeting may with consent of the Meeting adjourn the same from time to time and from place to place; but no business shall be transacted at any adjourned Meeting other than the business left unfinished at the Meeting from which the adjournment took place.
- The adjourned of a poll shall not prevent the continuance of the Meeting for the transaction of any business other than the question on which the poll has been demanded.
- The annual accounts of the Club, duly audited by the Charted Accountants firm/s appointed for the purpose shall be placed before the Annual General Meeting along with the Audit Report and the Annual Report for adoption.
- Voting Rights
- A Member who is defaulter of payment of any dues of the Club in excess of the permissible limit fixed by, the Committee of the Club from time to time shall not be entitled to contest or propose or second for any office or participate in the Annual or Extraordinary General Meeting.
- Members are envisaged under Rule-4(except for Temporary, Honorary or Institutional) are eligible to enjoy voting rights in the Meeting of General Body.
- Irrespective to the number of nominees, the non-defaulting corporate member (including non-defaulting nominees) is entitled to authorize only one nominee (from among those approved nominees as per Club Records) and has to intimate the name of such authorized nominee in advance to the Honorary Secretary of the Club.
MANAGEMENT BY EXECUTIVE COMMITTEE (EC) MEETING AND QUORUM
- The management of the affairs and concerns of the club shall vest in a committee called the Committee of the Club which shall consist of a President , a Vice-President, an Honorary Secretary, a Joint Secretary, six other elected members and such other members co-opted in pursuance of Rule-11
- The Committee shall hold a Meeting at least once in a month.
- If any Member of the Committee is absent from three successive meetings of the Committee without adequate reasons, the Member present may remove such a Member from the Committee. The decision of the Committee in this regard shall be final and binding.
- Any vacancy occurs in the Committee Membership, the others officers of the Committee and the co-opted Members of the Committee shall be filled by the Committee by any eligible Member of the Club. PROVIDED that the Joint Secretary shall exercise all the powers of the Honorary Secretary during latter’s absence from Sambalpur and he shall perform others duties as the Committee may entrust. PROVIDED that Members who have not paid all their dues including the dues against whom there are written and oral complaints or the President of the Club has his own information of any of the acts or who is subject matter of notice for Extraordinary General Meeting shall not be co-opted as Members of the Committee.
- The Honorary Secretary have the power to convene the Committee meeting by giving seven days’ notice along with agenda for discussion. Items not in the Agenda can be discussed by the permission of the Chair. PROVIDED that the Committee meetings’ will not be invalidated for the reason that adequate notice was not given or items in the agenda for discussions were not circulated. PROVIDED FURTHER that the Secretary shall cause to be put on the Notice Board of the Club within seven days of the days of the date of meeting of the Committee all decisions taken resolution passed in the said meeting except matters, which in the opinion of the President of the Club, is likely to be unwarranted intrusion into the privacy of the Member or is likely to lead to a liable suit by any Member against the Club. The decision of the President of the Club in this regard is final.
- One third of the total memberships of the Committee reduced by vacancies, if any, shall form the quorum at any meeting of the Committee. Each Member of the Committee shall have one vote and in the event of an equality of votes the chairman of the Meeting shall have a casting vote in addition to his own vote. The President of the Club shall be the Chairman of the Committee Meetings. In the absence of the President, the Vice-President shall be the Chairman of the Committee Meeting and in the absence of the President and Vice-President; the Members of the Committee present shall elect a chairman from among them.
- No Resolution shall be deemed to have been duly passed by the Committee or Committee thereof by circulation unless the resolution has been circulated in draft, together with the necessary papers if any, to all the members of the Committee (not being less in number than the quorum fixed for a meeting of Committee as the case may be and all other members of the Committee at their usual address) and has been approved by majority of such if them, and are entitled to vote on the resolution.
- Minutes of the Meetings shall be kept in a permanent Register.
- The Members of the Committee may be entrusted with specific assignment by the Committee including that of Treasurer.
RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE
- The Committee shall have the responsibility to prescribe such bylaws and Regulations and Procedures not being inconsistent with these rules as amended from time to tome at any Annual or Extraordinary General Meetings and to appoint sub-committees for the internal management of the Club and for the regulation of all the facilities and concerns of the Club and from time to time amend or cancel any Rule and Regulation and procedures being in force and to appoint and dismiss the employees of the Club.
- Without prejudice the general powers conferred on the committee, it is hereby declared the Committee shall have the following powers, that to say:
- To make or sign all such contracts, bills, documents and to draw accept endorse, negotiate cheques, drafts, bill of exchange, promissory notes, hundies,(;.P. Notes, Government and other securities including shares and debentures and deeds, instruments etc. as shall be necessary proper or expedient for carrying on the business of the club.
- To purchase, take on lease, hire or otherwise acquire for the club as property rights, agencies or privileges which the Club is authorized to acquire at such price and generally on such terms and conditions though fit. To invest, deposit and deal with any money of the Club in such manner as thought fit to pay or realize the same.
- To open and operate any scheduled or other Bank on behalf of the Club and also determine who shall be entitled to sign on club’s behalf bills, notes, receipt acceptance, endorsements, cheque releases, contracts and documents.
- To institute, defend, conduct, compound, abandon, any legal proceeding by or against the Club, or its officers or otherwise concerning the affairs of the Club and also to compound and allocate time for payment or satisfaction of any debts and of any claim or demand by or against the Club and to refer to any dispute or difference arbitration.
- To register all kinds of documents relating to transaction by the Club to receive back documents filed therein.
- From time to time to make, vary and rescind bye-law firm regulations of business of the Club, its officers and servants.
- To affix the common seal of the Club to any deeds or other documents required to be under its common seal. All such deeds and common documents sealed with common seal and signed by two Members of the Club, one of whom shall be the Honorary Secretary, shall be deemed to be executed. When the deed/document required to be executed provide for any one signatory, the person executing such a deed/document shall be the Honorary Secretary.
- To appoint, remove, suspend employees of the Club, agents and brokers and to engage or otherwise the services of attorneys, lawyers, advocates, solicitors, etc.
- To constitute special fund like Mutual Benefit Fund, debt redemption fund, building fund, and any other funds as approved by the Committee, in addition to creation of funding under various statutes.
- To exercise all such powers as may be conducive for the betterment of the Club.
- The Committee shall cause true accounts to be kept of all sums of money received and expended by the Club and all matters in respect of which such receipt and expenditure take place and of all the assets, credits, liabilities of the Club.
- The Committee may be general or specific order, delegate to the President, the Honorary Secretary or to any other Committee member or to a sub-committee or to a member of the Club, employee of the Club, subject to such conditions and limitations, if any as may be specified in the order, such of its powers and duties under these Rules as it may deem necessary.
(a) Duties/Responsibilities of the President
Notwithstanding anything contained in these Rules the President shall preside over the meetings of the Committees, the AGM and the EGMs, if any, and conduct/regulate the proceedings of the meetings and as far as meeting are concerned his decision on points of order may be modified by a resolution of which due notice has been given at a subsequent general meeting. Questions of validity of a vote, of an irregularity in form and notice, of the relevance of an amendment, or whether resolution would alter the Rules of the Club, are for this purpose, points of order. The President shall allow no resolution to be put to the Meeting which in his opinion reopens a question which has been decided by a General meeting within the preceding year. The President shall have rights to exercise casting vote in case of equality of votes in addition to his vote is entitled to his vote. The president shall be the appellate authority in discipline matters.
(b) Responsibilities/duties of the Vice-President
In the absence of the President the Vice-President will discharge the responsibilities of President and shall be the Chairman of the Meeting of the General Body and Committee Meetings and in the absence of both President and Vice-President and members of the Committee present shall elect the Chairman from among them to conduct the meetings.
(c) Responsibilities/duties of the Secretary
All operations of the Club shall vest in the Honorary Secretary with such powers and functions as would be necessary to provide effective and efficient management and smooth running of the Club. Provided, nevertheless the powers and functions shall be subject to the superintendence, control and directions of the Executive Committee. Notwithstanding what has been stated in the provisions of the Articles of Association of the Club he shall convene the meetings of the Committee, Annual General Meetings, Extraordinary meetings and exercise day to day supervision and control of the operation of the Club.
(d) Responsibilities of the Joint Secretary
The Joint Secretary shall exercise all powers of the Secretary in his absence and also exercise such powers as are specially assigned to him by Committee.
ACCOUNTS AND AUDIT
Books of Accounts
- The Executive Committee shall cause to be kept proper books of account with respect to :-
- All sums of money received and expended by the Club and the matters in respect of which the Receipts and Expenditure take place.
- All sales and purchase of the goods and services by the Club and
- The assets and liabilities of the Club.
- The books of accounts shall be kept at the Registered Office of the Club or at such other place or places as the Committee think fit and subject to any reasonable restriction as to time and manner of inspection that maybe imposed by the Committee, they shall be open to inspection of the Members of the Club.
- Before the Annual General Meeting the accounts of the Club for the previous year shall be approved and the correctness of the Profit and Loss Account shall be certified by a Charted Accountant or a firm of Charted Accountants who shall appointed by the Members in every Annual General Meeting.
- At the Annual General Meeting of every year the Committee shall lay the duly audited Profit and Loss Accounts and the Balance Sheet of the Club containing a summary of the assets and liabilities of the Club made up to the preceding 31st day of March. Copies of such Accounts and Balance Sheet and the Auditors report shall be put on the Notice Board of the Club at least twenty-five days before the date of the Meeting.
- Every account of the Club when audited and approved by the Annual General Meeting shall be conclusive except as regard any error discovered therein within three months after the approval thereof. Whenever any such error is discovered with that period the accountants shall forth will be corrected and henceforth shall be conclusive.
COMMON SEAL OF THE CLUB
To affix the common seal of the Club to any deeds or other documents required to be under its common seal, all such deeds or other documents sealed with the common seal and signed by two members of the Committee, one of whom shall be Honorary Secretary shall be deemed to be executed. When the deed/document required to be executed provides for only one signatory, the person executing such a deed/document shall be the Honorary Secretary.
AFFILIATION WITH OTHER CLUB
- The Committee may allow affiliation of any other Club of comparable standards and facilities with the club on a reciprocal basis, subject to the Rules approved by the Committee.
- Infraction and violation of the Rules and Regulations of the Club on the part of members of affiliated clubs, will entail disciplinary action, in the first instance, by the Honorary Secretary with due report to the affiliated club concerned, not excluding suspension from use of facilities for such periods as may be deemed warranted.
- The Committee reserves the right for disqualification with the concerned club should there be reason warranting the same.
POWERS TO AMEND THE RULES
These Rules may be altered or added to or deleted at any time by resolution passed by the majority of Members present at the Annual or Extraordinary General Meeting.
PROVIDED that at the Annual or Extraordinary General Meeting, it is open to the members to the Condone the absence of advance notice of the proposed alteration or addition or deletion of the Articles by a vote by majority of the Members present in favor of condoning such absence notice.
POWERS TO FRAME CLUB BYE LAWS
The Committee may frame bye-laws consistent with the Rules of the Club in respect of smooth functioning of the Club.
- Any notice if served by post shall be deemed to have been served at the time when the letter containing the same was put into post and in providing such service it addressed and put in the Post Office. All notice given by the advertisement shall be deemed to have been given on he day on which the advertisement thereof first appeared.
- A copy of this Rule of any Bye-Laws, Rules and Regulations made by the Committee shall be furnished to every Member of the Club on application.
- Any doubt/clarification regarding interpretation of the Rules framed there under, the decision of the Executive Committee in the matter shall be final.
- Any Bye-Laws or regulations shall be posted in a conspicuous place in the Club as soon as possible after they have been made.
- The Committee shall take immediate cognizance of any infraction of the Rules or Bye-Laws or Regulations of the Club and should such information not to be promptly regularized in the manner they may consider fit, or should any circumstances occur likely to interrupt the harmony to affect the character or endanger the stability of the Club, it shall be their duty to call an Extraordinary General MEETING; NAD IN THE EVENT OF NOT LESS THAN TWO=TIRDS OF THE Meeting deciding by ballot or otherwise on the expulsion of Member or Members concerned, he or they shall cease to belong to Club and shall forfeit all claims and privileges thereunto belonging.
Every member or Executive Committee, Manager, Secretary, trustee for the Club, its members or debenture holders, members of a committee, officer, servant, agent, accountant or other person employed in or about the business of the Club shall, if so required by the Executive Committee, before entering upon his duties sign a declaration pledging himself to observe a strict secrecy respecting all transaction of the Club with its customers and the state of accounts with individual and in matters relating thereto, and shall by such declaration pledge himself not to reveal any of the matters which may come to his knowledge in the discharge of his duties except when, required to do so by the Executive Committee or by any General meeting or by a Court of Law and except so far as be necessary in order to comply with any of the provisions in these Articles and the Act.
At any point of time if the Club is dissolved, the assets of the club shall be reverted back to State Government.