RULES (AS AMENDED UPTO 29TH JUNE 2009)
INDEX TO RULES PART-I
NAME, OBJECTS AND DEFINITIONS RULE 1 RULE 2 RULE 3
Permanent Member, Honorary Life Member, Temporary Member, Service Member, Civil Service Member, Corporate and Associate Members General Restrictions
Duration of Membership
ENTRANCE FEE AND SUBSCRIPTION :
Receipt & accounting of Membership Entrance Fee
Certification from Auditors on Rule 12
Mode of Payment of Entrance Fee
GENERAL BODY MEETINGS :
Annual General Meeting
Extra Ordinary General Meeting
Powers of the General Body
Conduct of General Body Meetings
Powers of the Chairman
Members Entitled to Attend and Vote
COMPOSITION AND POWERS OF THE GENERAL COMMITTEE RULE 23 RULE 24 RULE 25
Permanent Member, Senior Dependent Member, Sons & Daughters of Permanent Member, Civil Service Member, Corporate & Associate Members
DURATION OF MEMBERSHIP
RULE 16 RULE 17 RULE 18 RULE 19 RULE 20 RULE 21 RULE 22
RULE 10 RULE 12 RULE 13 RULE 14 RULE 15
Membership of Club Ceiling of Permanent Members
ELECTION OF MEMBERS
CATEGORIES OF MEMBERSHIP RULE 6
Name and Address Objects of the Club Definitions and Interpretations
MEMBERSHIP (GENERAL) RULE 4 RULE 5
: : :
Composition and Powers of the General Committee
Payment of Subscription and reminders
Restriction on credit of Members
Repairs, alterations, constructions with the approval of General Body
GUESTS AND AFFILIATED CLUB MEMBERS RULE 27 RULE 28
GENERAL RULE 29 RULE 30 RULE 31 RULE 32 RULE 33
Members address for Club communication
Employees of the Club shall not be reprimanded / punished by Members.
No Member shall give an Employee of the Club gratuities
Members shall abide by the Rules, Bye-Laws
Duty of a member
WINDING UP RULE 34 RULE 35
Winding up procedure
Appointment of Liquidators
BANGALORE CLUB RULES (AS AMENDED UPTO 28TH JUNE 2008)
PART-I NAME, OBJECTS AND DEFINITIONS RULE 1 : NAME AND ADDRESS : The Club shall be called "BANGALORE CLUB". Its office and premises are situated on Field Marshal K.M. Cariappa Road, (formerly Residency Road), Bangalore-560 025. RULE 2 : OBJECTS OF THE CLUB :
To provide for its Members, social, cultural, sporting, recreational and other facilities.
To promote camaraderie and fellowship among its members.
To run the Club for the benefit of its Members from out of the subscriptions and contributions of its Members and its income from other sources keeping in view its financial viability.
To receive donations and gifts without conditions for the betterment of the Club. The General Committee may use its discretion to accept sponsorships for sporting areas.
To undertake measures for social service consequent on natural calamities or disasters, National or Local.
To enter into affiliation and reciprocal arrangements with other Clubs of similar standing both in India and abroad.
To do all other acts and things as are conducive or incidental to the attainment of the above objects. Provided always and notwithstanding anything hereinafter contained, the aforesaid objects of the Club, shall not be altered, amended, or modified, except, in a General Meeting, for which the unalterable quorum shall not be less than 300 members. Any resolution purporting to alter, amend or modify the objects of the Club shall not be deemed to have been passed, except by a two thirds majority of the Members present and voting thereon.
RULE 3 :
DEFINITIONS AND INTERPRETATIONS :
In these Rules unless the context otherwise requires : 3.1
"The Club" means the Bangalore Club.
"Bye-Law" means a regulation framed by the General Committee of the Club in accordance with Rule 23.10(i).
(i)“Member” means a Member of the Club irrespective of the category of membership to which he / she is elected, invited or nominated, as the case may be.
(ii) “Permanent Member in Longstanding” means a permanent Gentleman or Lady Member who has been on the Rolls of the Club as such Member for an uninterrupted period (a) in excess of ten years at the time his / her first child is proposed for Membership under the Category o Sons & Daughters of Permanent Members in Longstanding, (b) in excess of fifteen years when his / her second child is proposed for such aforesaid Membership and twenty years when his / her third and other children are similarly proposed. Provided further upon demise of a Permanent Member and the consequent accord of Permanent membership to his / her spouse the cumulative tenure of membership of the said member and that of his / her spouse shall determine the status to be accorded to him / her, hereunder. Provided always Permanent Members who were formerly Service Members shall be entitled to have the tenure of such membership taken into consideration whilst determining their status as Long Standing Permanent Members, if there has been no interruption in the Membership of such Members in these aforesaid categories.
(iii) “Family” means the Member, his / her spouse and their children who are under the age of 18 years.
"Dependent Member" means a son or a daughter of a Permanent Member, who is between the ages of 18 and 25 years.
"Senior Dependent Member" means a son or daughter of a Permanent Member between the ages of 25 and 40 years who has applied for Permanent Membership and has been permitted to use the facilities of the Club. (Resolution 6, AGM /EGM 2007).
“Voting Member" means a Permanent Member, with a minimum membership of 12 months as on the preceding 31st March, unless disqualified to vote. Spouses of deceased Permanent Members shall have no voting or other special rights as applicable to Permanent Members.
"General Body" shall consist only of voting members.
"Financial Year" means the period commencing on the First day of April of the year and ending with the Thirty-first day of March of the succeeding year.
PART II MEMBERSHIP (GENERAL) RULE 4 :
Membership of the Bangalore Club is open to Ladies and Gentlemen who are above the age of 25 years. Membership is also open to Corporate organizations and others listed under Rule 6.2.
RULE 5 :
The total number of Permanent Members excluding Honorary Life Members shall at no time exceed two thousand. However, the General Committee shall have the discretion to exceed the limit in the case of admission of : a)
Spouses of Permanent Members
(i) Sons & Daughters of Permanent Members of more than ten years standing in the Club. (ii) In the case of Service Members the aforesaid period of ten years shall include their Service Membership of the Club provided there has been no interruption in the change of status from Service Membership to Permanent Membership of the said Member.
PART III CATEGORIES OF MEMBERSHIP RULE 6 : The Membership shall comprise the following categories : 6.1
PERMANENT MEMBERS : (i) Ladies & Gentlemen above the age of 25 years who have applied for Membership in this category on election by the General Committee shall become Permanent Members. Transitory Provision: Notwithstanding the provisions under the rules it is resolved to enforce a moratorium on membersâ€™ proposals for all Permanent Memberships excepting the Sons & Daughters of Permanent Members category, from 28.06.2008 until 27,06.2013. (vice resolution # 6 of AGM 2008) (ii) Sons / Daughters of Members between the age of 25 and 40 years who apply for Membership under the category of Sons & Daughters of Permanent Members who have applied for Membership in this category on election by the General Committee shall become Permanent Members, they may be married or unmarried. If the applicants under this category are married at the time of election, or marry thereafter, their spouses shall be eligible to use the facilities of the Club. (Resolution No.6, AGM / EGM 2007). (iii) Honorary Life Members : Members as per Rule 7.3.
Permanent Members shall ipso facto become Honorary Life
OTHER CATEGORIES OF MEMBERSHIP : (i)
Temporary Members : Persons who are not ordinarily resident within the State of Karnataka are eligible for Temporary Membership upon payment in advance of the monthly subscription as set out in Rule 15.1(v) below. No Temporary Member shall use the Club for more than six months consecutively, or if measured in broken periods, for more than one hundred and eighty days in the aggregate during any calendar year. The total number of Temporary Members shall at no time exceed One hundred.
Honorary Members : The General Committee may invite distinguished persons to be Honorary Members and the General Committee may at its discretion waive payments of entrance fee and any subscriptions. Honorary Membership is valid for a maximum period of twelve months at a time.
The General Committee may also invite visiting teams or distinguished visitors under this class of Membership for a period not exceeding thirty days without subscription. (iii)
Service Members : Officers who are full time Members of the Indian Armed Forces may become Service Members for the period of their stay in the Revenue District for Bangalore.
Dependent Members : Sons and daughters of Permanent Members, between the ages of 18 and 25 years, shall be classified as Dependents Members and they shall be permitted to use the facilities of the Club.
Senior Dependent Members : (a) Sons and daughters of Permanent Members whose subscription as Dependent Members has been paid for a minimum period of five years and who have applied for Permanent Membership under the category of Sons and Daughters of Permanent Members, shall be classified as Senior Dependent Members. (b)
On receipt of a written request from the parent, addressed to the Secretary of the Club, they shall be allowed the privilege of using the facilities of the Club until such time as their applications for Permanent Membership are considered by the General Committee. However, in the event of death of both their parents they may themselves apply for use of the Club facilities and in such a case they shall be assigned a separate account number. (c)
They shall have no voting or special rights.
They shall also not be allowed to propose or second any application of a person seeking membership to the Club.
He / she may be permitted to bring guests.
Spouses of such Senior Dependent Members shall be permitted to use the Club's facilities and also bring guests subject to the above restrictions provided they have not, earlier, been refused Permanent Membership.
Provided no son / daughter of a Permanent Member may be proposed for such Membership unless the parent Member has been a Permanent Member for a period of not less than ten years and provided additionally such Member shall not be entitled to propose another of his / her children till he / she has been on the Rolls for fifteen years and finally that his / her other children may be proposed only after he / she has been on the Rolls for twenty years.
Sons and Daughters of Permanent Members : Sons / Daughters of Permanent Members between the age of 25 and 40 years who are not entitled to Senior Dependent Membership are entitled to apply for Membership as Sons & Daughters of Permanent Members, as per applicable norms as in Rule 6.2(v) with regard to qualification period of the Membership of the Permanent Member. Transitory Provision: The above amendment does not apply to applications received till August 10, 2007 under this category. (Resolution No.6, AGM / EGM 2007). However, on payment of a non-refundable sum of Rs. 3,000/- they may be extended the same privileges as are available to Senior Dependent Members.
Civil Service Members : Persons who are resident in the Revenue District of Bangalore and who are in the Consular Corps, United Nations, Officers of the Central and State Government not below the rank of Joint Secretaries of the State Government or equivalent thereto and High Court Judges may become Civil Service Members. The duration of such Membership shall be
two years. The General Committee however, may grant one extension of such Membership for a period of two years. Such Membership shall stand automatically terminated on the Member being transferred from the Revenue District of Bangalore or by reason of his / her resignation or retirement from service. Competent State / Central Government authority should certify that the applicant is not below the rank of Joint Secretary to the State Government and is in service & posted within the revenue district of Bangalore. The total number of Civil Service members shall at no time exceed one hundred and fifty. (viii) (a)
Corporate Membership : A Public or Private Limited Company incorporated in India, Nationalised Banks, State Bank of India and its subsidiaries, Private Banks, Financial Institutions, Foreign Banks, Insurance Companies and Public Sector Undertakings having an office or factory in the State of Karnataka with a paid up capital of not less than Rs. 10 Crores, or a wholly owned subsidiary Company incorporated in India of a holding Company incorporated overseas with a paid up capital of not less than US $ 10 million or its equivalent shall be eligible upon the proposal of a Permanent Member, duly seconded and accompanied by a Statement of Particulars relating to such Corporate Organisation, furnished by the Chief Executive thereof to be elected as a Corporate Member of the Club. Any such entity can opt for more than one Corporate Membership by being the last in the waiting list, if any, as on the date of registration of application provided there are no vacancies. Such Membership shall entitle the Corporate Member to nominate three of its full time Directors / Senior Executives for use of the facilities provided by the Club. Notwithstanding a nomination not being made, the Corporate Member shall be liable to effect immediate payment of the prescribed fees for the use of the facilities of the Club by such nominees. Each of the Corporate nominees shall furnish a Certificate from their Auditor/s confirming that the intended nominee is a full time Director / Senior Executive of the aforesaid Corporate Organisation holding the position stated in its nomination form. Such a certificate shall be submitted every year as on 31st March, in the absence thereof, the nominee/s will not be allowed use of the Club facilities. (vide resolution # 1 of AGM 2009) The Club shall have authority to reject a nominee if it considers him / her unsuitable. The total number of Corporate Members shall at no time exceed One Hundred and Seventy Five.
A Corporate Member shall ensure prompt payment of Club dues by its nominees and shall lose its membership in the event any or all of its nominees after being denoted a defaulter fails to pay their / his / her dues to the club within the period prescribed in these Rules. Provided that the Corporate Membership of such Company/ Organisation shall stand automatically terminated upon the expiry of 10 years from the date of election, or earlier in the event of a change in status of the Company/Organisation, under which it ceases to exist by reason of its amalgamation with another organisation, its liquidation or otherwise and upon such termination all nominations of such Corporate Member shall ipso facto determine. Corporate Members may however, apply for re-election if they are eligible to do so and their said application for re-election shall be considered immediately, if they apply for such Membership not less than six months before the date on which their existing Membership ceases. Transitory Provisions : The enhancement in the capital base and automatic termination clause under this category shall not affect the Membership of the existing Members in this category.(vide resolution # 1 of AGM 2009)
Long Term Temporary Membership : Deleted
Transitaory Provision : The deletion of this category shall not affect the existing Members under Long Term Temporary Membership category. These Members will continue till their term ends. (x)
Associate Member : Executives of reputed registered Corporate Organisations or Partners of registered firms and Trustees of reputed Organisations, all of which have a net worth of not less than Rs. 3 crores (duly certified by their auditors) or professionals and executives of reputed organisation with an individual income of not less than Rs. 10 lakhs per annum for period of three years duly supported by Income Tax Returns for the period. The applicant should be a resident of and employed in the Revenue District of Bangalore. He / she may become an Associate Member if duly proposed by one and seconded by two Permanent Members of the Club and elected by the Managing Committee. The applicant should be above the age 25 years. The tenure of such membership shall be three years. However, if a fresh application is received duly proposed by one and seconded by two Permanent Members. The General Committee at its discretion may consider the application for a second and final term. The total number of such members shall at no time exceed one hundred and fifty.
PART IV ELECTION OF MEMBERS RULE 7 :
PERMANENT MEMBERS : 7.1 (i) Each candidate for Membership shall be proposed by one and seconded by five other Permanent Members to all of whom he / she is personally known. (ii) Every proposal for Membership together with the prescribed entrance fee shall be handed over to the Secretary, who shall scrutinise the particulars in the presence of the proposer and verify all signatures on the proposal. If the proposal is complete in all respects, it shall be accepted by the Secretary for Registration, a serial number allotted to it and a receipt issued to the proposer for the aforesaid fee. Simultaneously the name of the candidates shall be entered in the Waiting List Register for Permanent Members under written advice to the Computer Section, which shall make necessary entry in the master tape. (iii) The Secretary shall publish an updated Waiting List of applicants from time to time on the Club Notice Board in the Main Lounge and this shall be in strict chronological order. (iv) All proposals shall be considered only as per the published Waiting List. Before the proposals come up for consideration by the General Committee, the Secretary shall get the Waiting List Register initialled by the President or in his / her absence, by the Vice-President. The Secretary shall notify the candidates names and particulars and also the names of the proposer and seconders on the aforesaid Notice Board for a period of thirty days before the names come up for consideration by the General Committee. Objections, if any against a candidate being considered for Membership, may be submitted to the Secretary in writing by any Permanent Member during the aforesaid period of thirty days. Such objections shall be treated as privileged communications. (v) Whilst considering proposals for Membership, the General Committee shall scrutinise them and satisfy themselves that they are in accordance with the Waiting List and in strict chronological order. The General Committee may reject a proposal at this stage if it considers it prudent to do so. If the General Committee does not reject the proposal at this stage the candidate shall be called for an interview and the General Committee shall proceed with the election which shall take place after expiry of the period of 30 days specified in Rule 7.1(iv). If the General Committee has been unable to verify any of the facts in issue of any candidate, it may postpone the election of such candidate for a period not exceeding sixty days from the date he / she became eligible for balloting. An application once rejected shall not be reviewed by the General Committee. The election shall be by simple majority. (vide resolution # 11 of AGM 2008)
The unalterable quorum for election of candidates shall not be less than Seven Members. 7.2
HONORARY LIFE MEMBERS :
Permanent Members of the Club with a continuous membership of 25 years and who are above 65 years of age shall ipso facto become Honorary Life Members and the same shall be intimated immediately without delay by the President of the Club to the member / members concerned and the same displayed on the clubs Notice Boards. Such Honorary Life Members shall have no obligation to pay monthly subscription but will continue to enjoy all the privileges and be subject to all obligations of Permanent members except the payment of monthly subscription. Spouses of deceased Honorary Life Members shall have the same privileges as those enjoyed by the deceased Honorary Life Member except voting and other special rights as applicable to Permanent Members. In case of spouses of deceased Permanent Members for the purpose of becoming Honorary Life Member, the period of membership of the deceased Member, as Permanent Member shall be taken into account. 7.4 The provisions of Rules 7.1 (iv) and 7.1 (v) shall be followed by the General Committee whilst electing Sons & Daughters of Permanent Members and Senior Dependent Members. 7.5 Candidates seeking Membership under Rules 7.1 above who are rejected shall not be proposed for Membership until the expiry of at least twelve months from the date of rejection. 7.6
TEMPORARY MEMBERS :
Candidates shall be proposed by one Permanent Member and seconded by two other Permanent Members and be elected by the President or in his / her absence by the Vice President after he / her has interviewed the candidate. This decision shall be ratified by the General Committee subsequently. If the General Committee fails to ratify this decision, the Membership if granted, shall lapse automatically with immediate effect and the monies collected proportionally refunded. 7.7
SERVICE MEMBERS :
Service Members shall be recommended by the Air Officer Commanding-in-Chief, Training Command or the Sub-Area Commander and shall be elected by the General Committee by simple majority. Service Members are not permitted to use the facilities of Affiliated Clubs. (vide resolution # 11 of AGM 2008) 7.8
CIVIL SERVICE MEMBERSHIP :
Each candidate for Civil Service Membership shall be proposed by one and seconded by two other Permanent Members to all of whom he / her is personally known and shall be elected by the General Committee in the same manner as Permanent Members. Civil Service Members are not permitted to use the facilities of Affiliated Clubs. (vide resolution # 11 of AGM 2008) 7.9
CORPORATE MEMBERS :
Applicants for Corporate Membership shall apply in the prescribed form. The nominee or nominees of Corporate Members shall be elected by the general Committee in the same manner as is applicable Permanent Members. Corporate Members and its nominees are not permitted to use the facilities of Affiliated Clubs. (vide resolution # 11 of AGM 2008) 7.10 7.11
LONG TERM TEMPORARY MEMBERS : Deleted
SPOUSES OF CIVIL SERVICE, CORPORATE AND LONG TERM TEMPORARY LADY MEMBERS :
Spouses of Ladies granted Civil Service or Corporate, Associate or Short Term Temporary Membership are permitted to use the Club's facilities without voting or other special rights during the period of Membership of such Ladies. (vide resolution # 11 of AGM 2008) RULE 8 :
GENERAL RESTRICTIONS :
No Member of the General Committee shall during his / her tenure thereon propose or second a candidate for any category of Membership.
No Permanent Member shall be entitled to propose or second a candidate for any category of Membership unless he / she has been on the Rolls of the Club for a period of twelve months.
No Permanent Member shall propose or second more than one candidate for each of the following categories of Membership during one Functional Year of the Club: (a) (b) (c) (d) (e)
Permanent Membership Long Term Temporary Membership (deleted) Civil Service Membership Corporate Membership Associate Membership
Deleted in view of new rule.
There shall be a common Waiting List for applicants to Permanent Membership. There shall however be an individual Waiting List for every other category of applications for Membership.
PART V DURATION OF MEMBERSHIP RULE 9 : Membership of the Club shall commence from the date of election and shall cease on death; resignation or as otherwise provided for in these Rules.
PART VI ENTRANCE FEE AND SUBSCRIPTION RULE 10 : ENTRANCE FEE : Entrance Fee payable for each category of Membership shall be as follows : 10.1
PERMANENT MEMBERSHIP : a) Gentlemen / Ladies
Rs . Rs. Rs.
Rs . Rs .
b) Son / Daughter of Permanent Member c) Spouse of deceased Permanent Member
Civil Service Member
Civil Service Member applying for extension of Civil Service Membership
Long Term Temporary Member (Deleted)
Corporate Member with option to nominate three persons
Non-refundable Associate Membership fee for first term
Non-refundable Associate Membership fee for second & final term
Rs . Rs . Rs .
Once elected, the entrance fee shall not be refunded for any reason whatsoever. In addition to the above, taxes as applicable at the time of accord of membership shall be paid. Transitory Provision: The increase in entrance fee shall be paid in full by all the applicants in waiting latest by 31.03.2010. The applications of all those who do not pay the additional amount within this date will be returned and the entrance fee paid by them refunded. (vide resolution # 1 of AGM 2009) RULE 11 : Deleted in view of new rule. RULE 12 : All amounts received by the Club as Entrance Fee from all categories of applicants for Membership of the Club shall be kept in a separate account or accounts in nationalised Banks and State Bank of India and its subsidiaries who are Corporate Members of the Club. Only the amounts equivalent to the Entrance fee of applicants on their being elected as Members of the Club shall be transferred to the Capital Fund of the Club. Under no circumstances shall the balance of the amount in the aforesaid accounts be withdrawn or any charge created thereon. RULE 13 : Every Annual Audited Statement of Account of the club shall contain a Certificate from the Auditors that Rule 12 has been complied with. RULE 14 : MODE OF PAYMENT OF ENTRANCE FEE : 14.1
Applicants for all categories of Membership except Sons & Daughters of Permanent Members shall pay the entire Entrance Fee prescribed under these Rules along with their applications. Applicants under the latter category shall pay one half of the entrance fee prescribed under this Rule along with their application and the balance on election. All entrance fee shall carry no interest.
RULE 15 : SUBSCRIPTION :
All Permanent and Service members shall pay a monthly subscription of Rs.125/(Rupees One hundred Twenty-five only) each. All Civil Service members shall pay a monthly subscription of Rs.150/- (Rupees One hundred Fifty only) each. The subscription of such members covers the use of the Club by their Spouse and Children as are below the age of eighteen years.
Temporary Members shall pay a monthly subscription of Rs.750/- (Rupees Seven hundred and fifty only) each or a part thereof if the tenure of membership be less than a month or part thereof.
Dependent Members : The monthly subscription of an Unmarried Dependent Member shall be Rupees. 50/- (Rupees fifty only).
Corporate Members : Each nominee of a Corporate Member shall pay a monthly subscription of Rs. 750/- (Rupees Seven hundred and fifty only) provided however, that a Corporate Member shall pay a monthly subscription for three persons whether nominated or not, in one lumpsum in the month of January each year for the whole year.
Long Term Temporary Members shall pay a monthly subscription of Rs.500/- (Rupees Five Hundred only).
Senior Dependent Members : A Senior Dependent Member shall pay a monthly subscription of Rs.150/- (Rupees one hundred and fifty only). The subscription covers the use of the club by his / her spouse and such of their children as are below the age of 18 years.
Associate Member : An Associate Member shall pay a monthly subscription of Rs. 750/(Rupees Seven Hundred and Fifty only).
Minimum Charge : Notwithstanding anything hereinbefore contained, all Members other than Honorary Life Members, widow of Permanent Member and all Permanent Members who are serving members of the Defence Forces are consistently expected to utilise facilities or services provided by the Club in its Bars, Canteen and Departmental Store to a minimum monthly value of Rs. 150/- (Rupees one hundred fifty only). If this quantum of expenditure is not incurred in any month the Club shall recover the said sum of Rs. 150/- (Rupees one hundred fifty only) or to the extent un-utilised, by debiting the members account in the Club, without corresponding obligation to provide facilities therefor. Utilisation of the prescribed Club facilities in excess of the minimum limit stipulated herein in any month shall not be carried forward.
15.9 Permanent Members of the Club be offered the following credits on the monthly bills excluding Chambers and Banquets billing : a) Billing between Rs.1,000/- and Rs.3,000/- (excluding Chambrs and Banquets billing) a credit of 1% of the net bill amount. b) Billing Between Rs.3,001/- and Rs.5,000/- (excluding Chambers and Banquets billing) a credit of 2% of the net bill amount. c) Billing above Rs. 5,001/- (excluding Chambers and Banquets facility) a credit of 2.5% of the net bill amount. This is effective from 1st July 2005.
PART VII GENERAL BODY MEETINGS RULE 16 : 16.1
ANNUAL GENERAL MEETING :
The Annual General Meeting shall be held on a Sunday as soon as possible after the 31st day of March and before the 1st day of July in each year. (vide resolution # 10 of AGM 2008) A minimum of twenty-one clear days notice shall be given to all Permanent Members in India and the notice shall also be simultaneously posted for the same period on the Club Notice Boards. The meeting shall have placed before it the Report and Balance Sheet and Audited Statement for the previous financial year and it shall elect the General Committee and appoint Auditors and fix their remuneration for the current year. Provided that no auditors shall be appointed more than 5 years continuously. The auditor or partners of the audit firm so appointed shall not be members of the General Committee. (vide resolution # 1 of AGM 2009)
The notice containing the Agenda for such a meeting shall be posted to all Permanent Members in India and shall be accompanied by a copy of the Minutes of the last Annual General Meeting, the Annual Report of the General Committee, the audited accounts with the report of the auditors thereon.
Any Permanent Member desirous of moving a resolution at such Annual General Meeting shall give notice thereof in writing together with an explanatory note to the Secretary not less than ten days before the date fixed for such meeting and a copy of such resolution shall be posted on the Notice Board and circulated to all Permanent Members seven days before the date of Meeting. Membersâ€™ resolution will be discussed and decided before the resolutions of the General Committee are discussed and decided. (vide Members resolution # 3 of AGM 2008)
RULE 17 :EXTRA ORDINARY GENERAL MEETING :
A minimum of one hundred and fifty Permanent Members of the Club may requisition an Extraordinary General Meeting of the Club. The President or in his / her absence the Vice President or in the absence of both, the Secretary shall convene an Extraordinary General Meeting which shall be held within thirty days from the date of the requisition.
A minimum of Twenty one clear days notice of such meeting shall be given to all Permanent Members in India. The notice shall also be displayed for the same period on the Notice Board of the Club.
The General Committee shall have the power to convene an Extraordinary General Meeting at shorter notice subject to a minimum of fourteen clear days.
In the case of an Extraordinary General Meeting called for by the General Committee, the notice shall state precisely the resolution to be proposed and be supported by an explanatory note. In the case of Members' requisition, a copy of the requisition together with the remarks of the General Committee if any, shall be sent not less than ten days before the date fixed for such meeting.
RULE 18 : POWERS OF THE GENERAL BODY : 18.1
At the Annual General Meeting, Members may discuss and decide on any matters relevant to the Report and Accounts placed before it, provided that no resolution other than one accepting the accounts, shall be put to the meeting unless ten days previous notice of the resolution shall have been given and such notices shall have been posted and displayed in the manner stated above except as to time provided for notice of meeting. The meeting shall additionally discuss and decide on any matters of which due notice may have been given notwithstanding no resolution is being moved on the same.
At an Extraordinary General Meeting no resolution shall be proposed and no matter discussed of which due notice has not been given.
A resolution of which due notice has been given may be modified at a meeting by a relevant amendment.
Notwithstanding any other provisions to the contrary, a resolution altering the Rules of the Club or establishing a new Rule shall not be voted upon unless there is a quorum of 150 Members present and shall not be passed except by a majority of a clear two thirds of the Members voting thereon in person at the Meeting. Unless provided otherwise in these Rules, all other resolutions shall be carried or rejected by a simple majority of votes.
RULE 19 : CONDUCT OF GENERAL BODY MEETINGS : 19.1
The President of the Club or failing him the Vice President or failing the Vice President the Member of the General Committee of the longest Permanent Club Membership shall be the Chairman of the General Body Meetings of Members. If none of these is present the Chairman shall be chosen by the Members present.
One Hundred and Fifty Members present in person, shall form a quorum. If there is no quorum within half an hour of the appointed time the meeting shall stand adjourned to the same day in the next week, at the same time and place. No quorum shall be necessary at the adjourned meeting.
RULE 20 : POWERS OF THE CHAIRMAN : 20.1
The Chairman shall conduct and regulate the proceedings of the Meeting and as far as the Meeting is concerned his / her decision on points of order may be modified or reversed by a resolution of which due notice has been given at the subsequent General Meeting. Questions of the validity of a vote, of an irregularity in form and notice, of the relevancy of an amendment, or whether a resolution would alter the Rules of the Club, are, for this purpose, points of order
The Chairman shall allow no resolution to be put to the Meeting which in his / her opinion reopens a question which has been decided by a General Body Meeting within the preceding year.
RULE 21 : VOTING : 21.1
A resolution submitted to a Meeting shall be decided in the first instance by show of hands, but a poll may be demanded by any Member and such poll shall be taken as directed by the Chairman.
The Chairman shall have a casting vote in addition to his / her own vote.
RULE 22 : MEMBERS ENTITLED TO ATTEND AND VOTE : 22.0
Permanent Members whose credit in the Club has not been stopped and who shall have been on the Rolls of Permanent Membership for not less than twelve months as on the preceding 31st day of March, shall alone be entitled to attend and vote on any Resolution at General Body Meetings.
The draft minutes of the General Body Meetings shall be circulated to the members within 60 days from the date of the meeting. These minutes shall be ratified at the subsequent meeting.
PART VIII COMPOSITION AND POWERS OF THE GENERAL COMMITTEE RULE 23: COMPOSITION AND POWERS OF THE GENERAL COMMITTEE : 23.1 The General Committee shall consist of a President, a Vice President and seven Members elected by the General Body, the Immediate Past President and two Members of the Defence Services invited by the Committee. 23.2
ELECTION : The Elections to the General Committee for the Functional Year shall be held on a Sunday before the end of June of the preceding Functional Year. (vide resolution # 10 of AGM 2008) A minimum of twenty-one clear days notice about the elections shall be given to all Permanent Members in India and the notice shall also be simultaneously posted for the same period on the Club Notice Boards. (i) Every candidate for membership of the General Committee shall have been a Permanent Member of the Club for atleast five years at the time of filing his / her nomination and shall not be in default of payment of Club bills either at the time of filing his / her nomination or at the time of voting. A Permanent Member shall not be eligible to contest for membership of the General Committee if he / she has filed a case in any Court against the Club and the litigation is continuing at the time of filing his / her nomination or at the time of voting. Every candidate for the post of Vice President shall have been a Member of the General Committee for atleast two full terms of 12 months each at the time of filing his / her nomination. Every candidate for the post of President shall have been a Member of the General Committee atleast for two full term of 12 months at the time of filing his / her nomination. (Resolution No.6, AGM /EGM 2007). (ii) Candidates contesting for any post on the General Committee shall be duly proposed by one Permanent Member and seconded by two Permanent Members entitled to vote at the ensuing election. Such nominations in the prescribed form shall be filed with the Secretary as per Calendar of Events notified by the General Committee. (iii) Members who have served on the General Committee for three consecutive years shall not be eligible for re-election for a period of two years thereafter.
(iv) The General Committee shall fix a convenient date in the last week of June on a Sunday for conducting elections to the succeeding General Committee and publish the Calendar of Events. (vide resolution # 10 of AGM 2008) The list of candidates with their bio-data shall be published on the Club notice boards in the sequence indicated in the Clubâ€™s alphabetical order of members, and circulated alongwith the notices of the election meeting. A bio-data of the candidate contesting the election shall be filed alongwith the nomination form in the following format and a passport size photograph which shall also be circulated to the voting members : Name : Age : Educational qualifications : Occupation and position held : Year of becoming member of the Club : Previous experience in the management of the Club : Membership of other Clubs : Has the Member been reprimanded / suspended by the General Committee. If yes details: (v) The alphabetical sequence of names of the candidates as provided for in Rule 23.2(iv) above shall be followed while publishing the ballot papers. Members shall cast one vote for the Presidential candidate, one vote for the Vice Presidential candidate and one vote each for seven candidates of their choice to the General Committee by registering their votes for the candidates of their choice in the electronic voting machine. (vide resolution # 10 of AGM 2008) (vi) The balloting shall be held between 12.00 PM & 6.00 PM on the same day as the Annual General Meeting and the period can be extended at the discretion of the Chairman. (vide resolution # 10 of AGM 2008) (vii) Permanent Members whose credit in the Club has not been stopped and who shall have been on the Rolls of Permanent Membership for not less than twelve months as on the preceding 31st March, shall alone be entitled to vote at the election. (viii) The General Committee shall constitute a Committee under the Chairmanship of a senior member to supervise the balloting, counting of votes and declaration of results. In the event of a tie, the candidate who has been Permanent Member of the Club for a longer period shall be declared elected and in the event of a further tie, the oldest Member, by age, shall be declared elected. 23.3
The elected Members shall constitute the General Committee of the Club for the ensuing functional year or till the next elections are held, whichever is later.
(i) In the event of the whole General Committee resigning office or the General Committee ceasing to exist from any other cause or in the event of a no confidence resolution being moved and passed against the whole General Committee, any ten members of the Club may requisition an Extraordinary General Meeting which shall elect a new General Committee which will function until the next Annual General Meeting in the manner provided above. (ii) Provided in the event of there being a likelihood of a vacuum in the Management of the Club, the aforesaid General Committee shall continue in office as Caretakers till the new General Committee is elected.
The General Committee shall fill vacancies in their body occurring between one Annual Election and another by co-option.
Any Member of the General Committee who is unable to attend four consecutive Committee meetings without leave of absence shall cease to be a Member of the General Committee.
Seven Members of the General Committee shall constitute a quorum of the said Committee and if for any cause the available number of members for a Meeting has fallen below seven, the Meeting shall be postponed to the same day and time in the following week. In the absence of the President and the Vice President, the senior most member of the Committee shall chair the meeting. For this purpose the seniority will be considered by years of membership first and then by age.
Meetings of the General Committee shall ordinarily be held twice a month and on such days and times as they may fix, but it shall be competent for any two Members of the General Committee to call a special Meeting at any time. Notice of the time and place of the Meeting shall be sent to every Member of the General Committee.
Subject to these Rules and to any specific directions, which may from time to time be given by a resolution at a General Body Meeting, the General Committee shall have the entire management of the affairs of the Club. (i) The General Committee shall not make any borrowings, by way of loans, mortgages or debentures without the previous sanction of two thirds of the Members present and voting at a General Body Meeting. (ii) The General Committee is not empowered to make grants or donations in cash or in kind to outside bodies or causes exceeding Rupees Ten Thousand per Functional Year without the previous sanction of the General Body nor is it authorised to incur expenditure of any kind unconnected with the Club's affairs. (iii) The General Committee is authorised to incur capital expenditure not exceeding Rupees Sixty lakhs per financial year and in all cases where the expenditure exceeds the aforesaid figure by not more than 10% it shall seek ratification of the General Body at the next Annual General Meeting. If the General Committee anticipates having to incur capital expenditure exceeding 10% of the aforesaid figure of Rupees Sixty lakhs, the prior sanction of the General Body shall be obtained. (vide resolution # 1 of AGM 2008) (iv) The General Committee is authorised to incur revenue expenditure on repairs and renewals not exceeding Rupees Ninety lakhs per financial year and in all cases where the expenditure exceeds the aforesaid figure by not more than 10% it shall seek ratification of the General Body at the next Annual General Meeting. If the General Committee anticipates having to incur revenue expenditure of the above nature in excess of 10% of the aforesaid figure of Rupees Ninety lakhs, prior sanction of the General Body shall be obtained. There shall be an automatic increase of 5% on this limit every financial year. (vide resolution # 1 of AGM 2008) (v) No Member of the General Committee shall directly or indirectly be appointed as a contractor, sub-contractor or supplier of goods and services to the Club during his / her tenure of office. Likewise no Member of a Sub-Committee shall be appointed directly or indirectly as a contractor, subcontractor or supplier to the Department for which that Committee or Sub-Committee is responsible. No member of the General Committee shall directly or indirectly supply his / her services or be a supplier of goods to any contractor, sub-contractor or supplier of goods and services to the Club during their tenure in office. Likewise, no Member of a Sub-Committee shall directly or indirectly supply his / her services or be a supplier.
As incidental to their powers but not in limitation thereof the General Committee may : (i) Make or amend Bye-Laws as they deem necessary or convenient for the proper management and administration of the Club and to alter or repeal the same. The quorum for making, amending or repealing Bye-Laws shall be seven and such action shall be approved by a two thirds
majority of those present and voting. All such Bye-Laws shall be consistent with these Rules and not ultra vires thereof. A copy of any new Bye-Law or amendment to or repeal of an existing Bye-Law shall be displayed on all the Club Notice Boards, after the approval of the General Committee, for a period of 14 days and shall be finalised and brought into force only after the General Committee has considered any objections received in writing from Members during the aforesaid period. All such Bye-Laws shall be binding on Members but may be set aside by a resolution passed at a General Body Meeting of the Club. Such Bye-Laws shall have the force of Rules. (ii) Appoint a paid or Honorary Secretary. The Secretary shall be a Member of the Club, so long as he is in service of the Club. (iii) Appoint Sub-Committees, the Chairman or Convenor of which shall be an elected Member of the Committee, who will have the power to appoint upto a maximum of five Members of the Club to serve on each Sub-Committee. The President's decision on the appointment of the Chairman of each Sub-Committee shall be binding. The General Committee shall ratify the appointment of the Members of the various Sub-Committees. (iv) Determine the optimum number of employees and the qualifications they should possess to be employed in the Club and fix their salaries. (v) Fix and regulate, from time to time all charges for games, drinks, meals, rent of rooms and incidental services to Members. (vi)
Delegate any of their functions to Sub-Committees.
(vii) Subject to what is stated herein supra, in the ordinary performance of their duties, pledge the credit of the Club and no Member of the General Committee shall be individually responsible for liabilities so incurred. (viii) Arrange affiliations with other Clubs or withdraw the same after following the procedure prescribed for passage of a Bye-law. (ix) If, in the opinion of the General Committee the conduct of any Member of the Club whether in or out of the Club is injurious to the reputation and interest of the Club or is likely to disturb the order and harmony of the Club, the General Committee shall cause a written notice to be sent to him / her at his / her last known address by a registered letter stating that on a date fixed, the General Committee will consider an explanation or defence of his / her conduct, which he / she may choose to submit to them. The General Committee may however, suspend such Member from Membership of the Club, if in their opinion the gravity of the case so warrants, before the notice is sent, provided that the period of suspension does not exceed one month pending enquiry. On that day at a Meeting specially convened or at any adjournment of such meeting, the General Committee shall conduct the enquiry giving adequate opportunity to the member to explain his/her conduct as per principles of domestic enquiry and thereafter the General Committee taking all facts into consideration shall decide by two thirds of the Members of the General Committee voting at the Meeting whether the Member concerned has merited a reprimand or a suspension provided suspension of a Member as a measure of punishment shall not exceed 12 calendar months. A notice of the decision shall be sent to him / her by the Secretary immediately. If the General Committee is of the unanimous opinion that the member merits suspension beyond the maximum period stipulated or merits expulsion from the membership of the Club, the General Committee may make such recommendation to the General Body who shall be the final authority to decide in the matter. In the event of any disciplinary action being challenged in a Court of Law the General Committee shall engage legal counsel to represent the Club from among the legal fraternity who are not members of the Club. (vide Members resolution # 2 of AGM 2008) RULE 24 : Should the subscription, Club Bills or other liability of a Member remain unpaid by the end of the month succeeding that in which it was incurred, he / she shall be sent a reminder and if the bill remains unpaid on the 15th day of the following month, his / her credit shall be stopped
automatically under intimation to the Member, who shall be sent a notice by registered post calling upon him to pay his / her defaulted dues in full within fifteen days from the date of the notice failing which he / she shall be posted as a defaulter. When a Member has been so posted as a defaulter for one calendar month, his / her name shall be removed from the list of Members, but his / her name and the amount due from him / her shall remain posted until payment is made in full. A Member whose name has been so removed may re-apply for Membership of the Club on payment of his / her dues in full. RULE 25 : The General Committee shall have power to restrict the credit of any Member who in its opinion is irregular in payment of his / her dues to the Club notwithstanding what is provided above. RULE 26 : The General Committee shall have no power to effect repairs, renewals, modifications, alterations, additions or other constructions and items of Civil Work, which will or may alter the existing elevation, facade, landscape or architectural features and attributes of the Clubâ€™s campus without the prior consent / approval of the General Body.
PART IX GUESTS AND AFFILIATED CLUB MEMBERS RULE 27 :
Any Member other than Temporary, Dependent and Affiliated Club Members may bring their friends into the Club, as their guests, provided that such guests are basically eligible for Membership of the Club, and they may be introduced into the Public Rooms of the Club. The host member must necessarily be present in the Club for the duration that his / her guests remain.
No person shall be introduced as a guest in the Club by the Members on more than twelve occasions in one Financial Year.
Rule 27.2 will not apply to guests invited by Members to parties held in Party Halls, Reserved Areas and Rooms and to guests or residents in the Club in their respective rooms.
The names of guests shall be entered in the book provided for the purpose. Every Member introducing guests shall be responsible for their compliance with the Rules and Bye-Laws of the Club.
RULE 28 :
AFFILIATED CLUBS :
Members of Affiliated Clubs who are not ordinarily resident within 40 Kilometres of the Club premises are eligible to use the facilities of the Club. Such Members may do so for a period not exceeding ten days at a time subject to a maximum of thirty days in any Financial Year. Such Members will be charged a subscription as may be fixed by the General Committee in its Bye-Laws. Members of Affiliated Clubs shall not be entitled to introduce guests. The restriction on the period shall however not apply to Permanent Members of Affiliated Clubs who take up residence in the Cubâ€™s chambers, who shall be governed by the period fixed in accordance with the Bye-Laws.
PART X GENERAL
RULE 29 :
It shall be the duty of the Members to furnish the Secretary with an address to which their Club Bills and other communications should be sent. The non-receipt of Bills by Members shall not discharge them from the penalties of non-payment.
RULE 30 :
Employees of the Club shall not be reprimanded or punished by Members. Any impropriety on the part of the Employees shall be reported in writing to the Secretary.
RULE 31 :
No Member shall give an Employee of the Club gratuities or anything in kind upon any pretext whatsoever.
RULE 32 :
All Members shall be deemed to have agreed to abide by the Rules, Bye-Laws and directions of the General Committee.
RULE 33 :
It shall be the duty of members to indent requirements of food, drink, refreshment etc., by personally signing chits prior to supplies made. Such signatures shall also be legible and shall carry the Memberâ€™s number. Club Staff shall make no supplies unless this requirement has been met.
PART XI WINDING UP RULE 34 : If at any time it should appear to the General Committee that it is necessary or desirable that the affairs of the Club should be wound up, an Extraordinary General Meeting shall be convened under Rule 17 to consider the matter. Any resolution under this Rule must be passed by a majority of ninety percent of votes of the total number of Permanent Members on the Rolls of the Club on the date of meeting, at the Meeting of the General Body, specially called for the purpose, the unalterable quorum for such a Meeting, being the said ninety percent. This Rule can be amended at a General Meeting only by a majority as indicated in this Rule. RULE 35 : APPOINTMENT OF LIQUIDATORS : If it be resolved to wind up, the Meeting shall appoint a liquidator or liquidators and fix his or their remuneration. The liquidation shall be conducted as nearly as practicable in accordance with the laws governing voluntary liquidation under the Companies Act or any statutory modifications thereto and any surplus assets remaining after all debts and liabilities of the Club have been discharged shall be divided equally amongst the Members of the Club as defined in Rules 6.1(I), 6.1(ii), 6.1(iii), 6.2(I), 6.2(ii), 6.2(iii), 6.2(vii), 6.2(viii) and 6.2(ix).
Bangalore Club Rules