Amended up to January-2018 |
I. | Patron | His Excellency, the Governor of Jammu & Kashmir(UT) |
2. | President | Chief Minister of Jammu & Kashmir(UT) |
3. | Short title & Commencement | (i) This constitution may be called the constitution of Amar Singh Club, Jammu (Regd.) 1993 read with amendments there-to from time to time ending January 2018 (AGM held on 8th ofJanuary 2018).(ii) It shall come into force on the day it is passed by the General Body of the Club. |
4. | Name of the Club | The name of the Club shall be AMAR SINGH CLUB JAMMU (Regd.) (Here in after referred to as the Club) which is a society registered under the J&K Societies Registration. Act. (3I42/RS/3527 dated 20-1-1987 w.e.f.12-1-1987). The Secretary of the Club shall be the Principal Executive and the Club may sue or be sued in the name of the Secretary, Amar Singh Club, Jammu. |
5. | Registered Office | The Registered office of the Club shall be at Jammu. |
6. | Jurisdiction | In case of any dispute or claim arising in connection with the Management, Election, appointment of various committees/ Sub committees, accounts and all other allied matters, Courts at Jammu alone shall have jurisdiction. |
7. | Aims and Objectives | I) To enroll Members in accordance with the provisions made in this constitution. ii) To provide special recreational and sports facilities to its Members and their families. iii) To provide a forum for get-together and informal exchange of ideas between its Members and their families, iv) To arrange special programmes, cultural, literary and sports events, v) To undertake relief measures and collect donation for distribution amongst victims of calamities. vi) To undertake such other charitable and social programmes as are considered suitable and appropriate by the Executive Committee. |
8. | Classes of Members | There shall be following classes of members: i) Life members. ii) Permanent Members. iii) Honorary Members iv) Temporary Members v) Reciprocal Member vi) Short Term Members vii) Corporate Members. |
9 | Definition | In the constitution unless the context otherwise requires: a | “Absentee member” means such permanent member of the Club who remains out of Jammu for a minimum period of six Calendar months continuously. | b | “Family” shall mean the spouse, sons below the age of 29, unmarried daughters, parents of the member and in case of deceased son, daughters-in-law and their children. | c | “General Body” means and comprises the body of all permanent members of the Club who are not in arrears. | d | “Honorary Member” means such member of the Club who is exempted from payment of admission fee and Club subscription under these rules. | e | “In Arrears” means nonpayment by a member of any amount due to the Club from such member for such a bill pertaining to the previous month presented to him for its payment. | f | “Permanent member” means a member who is admitted as such under the provisions of the constitution | g | “Resident” means a person engaged in any recognized profession, business or trade who has his permanent domicile in the local area and also resides there ordinarily. | h | “Temporary Member” means such member of the Club who is enrolled under the constitution as such for a period one month or less at a time, but not exceeding 2 months in a calendar year on different times. | i | “Reciprocal member” means a person who is a permanent member of any Club with which reciprocal arrangement exists for providing all or any of the facilities of the Club. | j | “Short term member” means any person eligible for membership under this constitution who ordinarily resides outside the State of Jammu & Kashmir but is residing in Jammu City only for the purpose of his service, business or profession, Provided that the total strength of the short term membership shall not exceed 5% of the total membership of the Club. | k | “Corporate Members” shall mean Public Sector Undertakings & limited companies of repute notified by the Executive Committee from time to time which may be considered for admission in this category with one to three of their senior officials to be nominated for using the club facilities, Provided that the fees for Corporate Membership for three nominated officials shall be Rs. 2,00,000/- and for up to two nominated officials it shall be Rs. 150,000/- or as may be decided by the Executive Committee from time to time. The monthly club subscription shall have to be borne by the Corporate Members as per the governing club norms. Provided further that the Corporate Membership shall be allowed to companies for a period of five years only at one time. The Officer should not be below the rank of regional Manager/ Area Heads. |
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10 | Membership | The membership of the Club shall be restricted to a | Gazetted officers, in service or retired, of the Jammu and Kashmir State. | b | Gazetted and Commissioned Officers, in service or retired, of the Union of India or any State in India. | c | Senior Executives/ Officials of Public Sector Undertakings owned/controlled by Central or State Governments as may be notified by the Executive Committee from time to time. Provided that in case of Nationalized Banks, no officers below the rank of Senior Branch Manager/ Chief Manager; in case of insurance Companies and State/Centre owned corporations no officer below the rank of Divisional Manager; and in case of other Banks, no officer below the rank of Dy. Gen. Manager shall be considered for admission in this category. | d | Non official’s individuals of good social position and their families and sportsmen of good standing who in the opinion of the Executive Committee are considered suitable for admission as permanent members. The criteria for admission as sportsmen of good standing shall be laid down by the Executive Committee from time to time. Provided, however, the members in categories (i). (ii) and (iii) shall be 50% of the total membership and members belonging to the category (iv) shall also not exceed 50% of the total membership of the Club.(2) In clause (iv) of Section (10) “good social position” shall mean that a person should be atleast a Graduate and income Tax Payee.(3)The President shall have the discretion to nominate four persons as permanent members of the club in one Calendar Year, provided that such persons are otherwise eligible to become permanent members of the Club.(4) The spouse of the candidate shall have to be a graduate. |
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11. | Life Members | Any person who wishes to be a life member of the Club can be admitted so, provided he/she is otherwise eligible for admission as a permanent member and shall have to pay a membership fee of Rs. 20,0000/- (Rupees two lac ) in lump sum if the age of member is upto 50 years and Rs. 1,50,000/- (Rs.one Lac and fifty thousand only) in lump sum if the age of member is above 50 years or as may be decided by the Executive Committee from time to time. During his/her tenure as life member, he/she shall be exempted from the payment of club subscription. |
12. | Method for enrollment | The total number of permanent Membership of the club shall not ordinarily exceed 1700. Provided however while computing the total strength of the membership of the Club, the spouses of such permanent members shall beProvided further that such spouses shall have all the privileges available as in the case of a permanent member of the Club including right to vote in AGM/EGM and elections to the Executive Committee. a | The proposal for admission as a permanent member of the Club shall be contained in Form A’ annexed to the Constitution of the Club. The proposal form shall be available from the Office of the Club on payment of an amount to be decided by the Executive Committee from time to time. | b | Such a proposal as referred to in Sub Clause (a of this section shall be sponsored by a permanent member of the Club with a standing as a permanent member for a period not less than five years and seconded by another permanent member of equal standing in the Club & supported by three other permanent members of more than one year’s standing in the club, provided that none of such members is in arrears exceeding the limit, ending previous month as prescribed in sub clause of section (c) 37 of this constitution. | c | Every application for enrollment as permanent member shall be accompanied by a receipt of the admission fee as set out in Annexure ‘B’. | d | No member of the Executive Committee shall be entitled either to propose, second or support any such proposal | e | No person other than those referred to in section 10 of this Constitution shall be eligible to become permanent member of the Club. | f | Family of a permanent member shall have the right to use the Club without payment of admission fee but shall be liable to pay other fees and charges as set out in Annexure ‘B’.However, any permanent lady member shall be entitled to avail all the facilities and privileges granted under the Constitution of this Club independently in her own right. | g | The dependants of the permanent members of the Club after having attained the age of 21 years can be enrolled as permanent members of the Club if otherwise eligible and after due screening as in the case of other members but they shall have the precedence over other new applications subject to the availability of the vacancies. The development charges payable by such wards who are enrolled as members shall be one third of the prevalent charges at the time of admission in non-official category and half of the development charges in official category. However, this concession in development charges shall be available only to wards who become members before the age of 38. Also, such benefit of reduced development charges shall be available to wards of members of atleast 10 years standing in the Club. Provided that wards/dependents who do not become members of the club after attaining the age of 29, shall cease to be given free entry and shall use the club facilities only as guests. Provided that the application form for admission for dependents shall be accompanied by a request from the concerned member in the specified format. Also that the Executive Committee shall consider these cases for admissions after at least 90 days of submission of application form, Provided further that a member may relinquish the membership in favour of son and daughter who is otherwise eligible to become a permanent member of the club on payment of one fourth of the development charges prevalent at the time. This option shall be exercised by a member who has remained permanent member of the club for atleast 15 years prior to date of request of such transfer. In case of deceased member the minimum membership shall be atleast 5 years in this category.The total strength of members admitted under wards category shall not exceed 25% of the total membership of the club. | h | When the proposal for permanent membership as referred in Clause (b) of this section is received, it shall be posted on the Notice Board of the Club for a period of 15 days prior to its consideration by the Executive Committee. After the expiry of the period of 15 days, the Executive Committee shall on such dates as may be fixed by it in this behalf consider the proposal and give its decision by majority of votes of not less than three-fourths of the members present by a secret ballot as explained below: Members Present Minimum votes required And voting | for getting elected | 15 | 12 | 14 | 11 | 13 | 10 | 12 | 9 | 11 | 8 | 10 | 7 | 9 | 6 | 8 | 5 |
It shall be within the powers of the Executive Committee to call any proposed member for an interview on such date and time as may be notified to the proposed member Provided however an applicant who fails to secure the requisite number of votes to be enrolled as permanent Member shall be eligible to reapply for membership after one year from the date of decision of the Executive Committee. Provide further that such persons may not be introduced as guests ordinarily except in parties/Club functions for a period of one year. | i | The requisite admission fees as prescribed in the constitution shall be received from the applicant who applies for enrollment as permanent member of the Club. The application shall have to wait according to the turn and his proposal for admission as permanent member of the Club shall be considered when the vacancies become available. | j | The Secretary shall send a copy of the constitution and bye-laws of the Club to the member on his admission as a permanent member of the Club with a covering letter in the following form:- “I am directed by the Executive Committee of the Amar Singh Club to inform you that you have been admitted as a permanent member of the Club. I enclose a copy of the Constitution and Bye-laws of the Club along with a declaration form. On your signing and returning the accompanying declaration, you will be entitled to all the rights and privileges of a Permanent Member of the Club. DECLERATION To The Secretary Amar Singh Club, Jammu. I…………………………………………………. son of…………………………………………………………………… R/O………………………………………… here by declare that having been admitted as a permanent member of the Amar Singh Club, Jammu, I will conform to and in all respects be bound from this date by the provisions of the Constitution and Bye-laws of the club for the time being in force or which may be framed from time to time. Dated……………….. this…………………………….. day of…………………………………. 20……………….. Signature…………………………………….. Name in Block Letters ………………………………….. ………………………………….. |
| k | Such a member after having been admitted as a permanent member of the Club shall remain on probation for a period of one year. In case nothing adverse is reported against the said member during this period of probation, he/she shall be deemed to be permanent member of the club. In case something adverse is reported against such a member during his/her probation period, the Secretary shall refer the issue to the Executive Committee for further consideration. | l | If any such member is not admitted as permanent member, the amount paid as admission fee by him/her shall be refunded to him/her and he/she shall neither use the Club nor can be brought as a guest to the Club by any permanent member. | m | After the admission of a permanent member to the Club, if it is found that any information given by him/her in his/her application form was false or incorrect or that he/she had concealed or suppressed any material fact, the Executive committee may cancel his/her admission without reference to the General Body. | n | Provided, however, no such order of cancellation of membership by the Executive Committee shall be passed without affording an opportunity to such a person of showing cause and of being heard. |
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13. | Admission of Temporary Member | a | All such persons who are not permanent residents of Jammu City and who in the opinion of the Secretary and on approval of the Executive Committee, are considered suitable for enrollment as Member, in the prescribed form may be enrolled by the Secretary as temporary members for a period of one month or less at a time but not exceeding 3 month in a calendar year on different occasions provided that this period shall not be continues. | b | An applicant who has applied for enrolment as temporary member is not allowed to use the Club until he is in possession of permission in writing from the Secretary to do so. | c | Temporary Member shall pay an admission fee of Rs. 2000/- along with the Club subscription in advance and shall also make payment in cash for the facilities enjoyed by him from time to time. | d | Temporary member shall not introduce any guests. | e | Temporary member shall be bound by the provisions of the Constitution and rules but shall not have any voice in the management of the Club. | f | Temporary member shall have no right to attend any General Body Meeting or Extraordinary General Body Meeting or the Club. He shall have no right to vote. | g | Temporary membership can be terminated by the Secretary of the Club in the event of the violation of Constitution and rules thereof. |
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14. | Admission of Honorary Members | i | The Executive Committee may invite any distinguished personality, dignitary, celebrity or outstanding sportsperson to become honorary member of the Club. | ii | An Honorary member shall not be required to pay any entrance fee or monthly subscription, but shall pay for all other bills and facilities in cash. | iii | An Honorary member shall have no voting right and no credit facility. | iv | The Patron, president and Vice-President of the Club shall be honorary members till the currency of their tenure, after which they shall have the choice to remain as honorary members or become permanent members on payment of monthly subscription. They will be exempted from payment of development charges. |
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15. | Admission of Reciprocal Members | Members of affiliated clubs and the clubs, with whom there is reciprocal arrangement, may be allowed to use the facilities of the club for a period not exceeding seven days in a month and thirty days in an year. The Facilities to a reciprocal member shall be extended only on production of a letter from their club or the membership card of the concerned club.Bonafide members of Amar Singh Club, Srinagar may use the Club facilities on payment of monthly subscription up to a maximum of six months in a calendar year. However this fee shall be accepted only for one month at a time, beyond which the person shall re-apply on the prescribed form for further permission on month to month basis. Provided that the rules governing reciprocal members from Amar Singh Club, Srinagar may be modified by the Executive Committee from time to time. |
16. | Short Term member | The period of membership of a short term member shall not exceed more than two years initially. However, this period can be extended for a further one year by the Executive Committee. The short term member shall not be entitled to credit facilities of the Club. The short term member shall have no right to attend General Body Meeting or Extraordinary General body Meeting of the Club and shall have no right to vote. |
17. | President | The Hon’ble Chief Minister of Jammu & Kashmir State shall be the EX-Officio president of the Club. |
18. | Vice President | The Vice President of the Club shall be one of the sitting judges of the Hon’ble High Court or any suitable high official from the administration as nominated by the Hon’ble Chief Minister (President). |
19. | The Executive Committee | The affairs of the Club and its internal working shall be managed by Executive Committee which is constituted under this Constitution. i | The total number of members of the Executive Committee shall be Fifteen excluding the President and the Vice-president | ii | Eleven member of the Executive Committee shall be elected by the general body of the club. Four members including two lady members will be nominated by the President of the club from amongst the permanent members, out of the panel of names proposed by the Executive Committee. | iii | Only such permanent members of the club shall be eligible for election as member of the Executive Committee who are not in arrears and have been members of the Club for a period not less than seven years on the date of election. | iv | A member of the Executive Committee shall IPSO- FACTO cease to be a member of the Executive Committee for the following reason. a) | for default specified in section 36 of the Constitution | b) | if he absents himself from the three consecutive meetings of the Executive Committee or remains absent for three months without intimating the Secretary. | c) | If he resigns, and the resignation is accepted by Executive Committee. In such case the vacancy shall be filled up by co-opting a member out of the permanent members of the club by the Executive Committee. |
| v | The term of the Executive Committee shall be for a period of two years | vi | A member can serve only two consecutive terms as a member of the Executive Committee. After a break of one term the member shall be free to contest the elections again. This restriction of contesting the elections will apply to the spouse of the member irrespective of the fact whether the spouse was in the Executive Committee or not. |
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20. | Secretary | i | The Executive Committee shall elect the Secretary of the Club out of the 11 elected members of the Executive Committee .The Secretary of the Club may be paid Rs.5000/- RM. as Honorarium. The Secretary shall also be entitled to actual expenses when he is deputed by the Executive Committee to travel out of Jammu for performing Club duties; | ii | The Secretary and his family members shall be exempted from payment of subscription during his tenure as Secretary of the Club. |
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21. | Guest | i | A permanent member of the club can entertain upto four guests at any one instance. However, such restriction shall not apply on special (occasions and club functions. Provided that the same person cannot be brought as guest to the club more than four times in a month. | ii | The name of the guest shall be entered by the introducing member in the Guest Book kept at the Reception for such purpose. | iii | The guest so introduced may be permitted to take part in the Club activities on payment of usual charges as may be fixed by the Executive Committee from time to time. The member introducing the guest shall be responsible and liable for all the liabilities incurred by his guest and for his conduct in the Club. | iv | A person who is not eligible for membership of the club cannot be introduced as guest to the Club. |
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22. | Dress | During the club hours every member shall wear a well presentable dress such as trousers and shirt or suits with or without a necktie. On Sundays & Gazetted holidays white/light pastel coloured kurta-pyjama, salwar-kameez, will also be allowed. This dress restriction shall not apply to gentlemen who exclusively wear Khadi clothes and Indian dresses. T-shirts/Bush shirts with collar or High necks/ mock necks are allowed. Sikh gentlemen shall not be allowed if wearing Patka and only dependents below 21 years of age may wear Patka. Hawaii Chappals, Rubber/Plastic Slippers are not allowed. This dress code shall not apply in case of dependents who may wear casual clothes according to the prevailing fashion, provided they are otherwise decently dressed. Any members/guests violating the dress code shall be denied entry. |
23. | Sports Dress | Gentlemen wearing sports gear shall have to change into a suitable dress before using other facilities of the Club. |
24. | Subscription, Admission Fees Development Charges | The Executive Committee from time to time may prescribe & Admission fees, Subscription and Development charges for various categories of Membership, and determine the terms and conditions upon which the fees and Subscription specified in this constitution shall by payable. Until otherwise prescribed the Fees, Subscription and Development charges shall by payable as set out in Annexure ‘B’ provided under this Constitution or rules framed there under: |
25. | Absentee Member | i | It any permanent member absents himself for a period of more than six calendar months, he shall before so absenting himself, notify in writing that so proposes to absent and shall intimate the club tentative date of his return. On his doing so he shall be charged as Absentee Member. | ii | If any such permanent member fails to intimate the club that he so proposes to remain absent, he shall be liable to pay full subscription and shall not be entitled to Absence member’s Subscription; | iii | Any permanent member who is being charged as absentee member can casually use the Club without paying regular charges for a period not exceeding four days in a calendar month. | iv | Any member who is in Town or is posted in Districts of Kathua, Udhampur, Reasi and Samba cannot be treated as Absentee Member. |
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26. | Election of the Member of the Executive Committee | i | The Management will ensure timely conduct of election at the due time every two years. The term of the Executive Committee shall be exactly two years from the date of notification of election results and after the expiry of the two years, the Executive Committee shall be deemed to be dissolved. | ii | The nomination form for election as member of the Executive Committee shall be duly proposed and seconded by the permanent members of the club who are not in arrears; The contesting candidates shall deposit Rs. 6000/- along with the nomination form as the refundable deposit. However this deposit will be forfeited if the candidate secures less than 30% of the total votes polled. | iii | The Secretary or if he himself is a candidate at the election, such person as may be nominated by the President/Vice President shall act as the Returning Officer at the election. The nomination of the Returning Officer shall be twenty one days earlier to election date. | iv | The nomination forms shall be filled in the office of the Returning Officer 15 days before the date of the Annual General Body Meeting who shall scrutinize the forms and declare such candidates duly eligible for election who fulfill the conditions as laid down in the sub clause (iii) of section 19 of this constitution. If for any reason to be recorded in writing the nomination paper of any candidate is rejected, the Returning Officer shall inform the candidate or his proposer about such rejection and the candidate may appeal against such rejection to the Vice President within 24 hours of such rejection. | v | The Vice President shall hear both the candidate and the Returning Officer and give his decision within 24 hours of such hearing which shall be final and conclusive. | vi | The Returning Officer will circulate to all the present members of the club the list of candidates whose nominations are valid .A list of the validity of such candidates shall be pasted on the Notice Board of the Club in a conspicuous manner at least 10-days before the date of General Meeting. | vii | The nomination of a candidate may be withdrawn on or before such a date fixed by the Returning Officer for the said purpose upon a request to that effect addressed to the Returning Officer/Secretary of the Club by any of the contesting candidates. Provided that the list of final contestants after withdrawals shall be displayed in the club atleast 7 days before the election date. | viii | In the EGM/ AGM Only permanent members of the Club and their spouses shall be entitled to vote. In the Elections to the Executive Committee of the club the permanent members of the club ( who are not in arrear) and their spouses shall be entitled to vote on the date and hours notified for the election; | ix | No member who is in arrears shall be entitled to vote at any meeting of the club unless he pays arrears before such meeting is held; | x | No canvassing by way of distribution of hand bills or slips etc. shall be allowed in the Club premises. | xi | The Returning Officer may nominate any number of co-opting members to assist him in scrutinizing and counting the ballot papers and for other matters connected there with. Provided that such co-opted members shall not be the family members of any of the contesting candidates. No outside agencies/individuals shall be associated in the conduct of election. | xii | In the event of any differences as to validity of any ballot paper, the decision of the Returning Officer shall be final and conclusive; | xiii | If, in any case the votes secured by the duly elected members are equally divided, the President/Vice President or the person presiding shall have the casting vote. | xiv | The Returning Officer shall declare such members as duly elected who secure the highest number of votes. | xv | The Ex-Secretary of the Club shall continue to be the Secretary of the Club till four members are nominated by the President and thereafter the new Secretary shall be elected. Provided that if no nominations are received within 60 days of the election, the outgoing Secretary shall convene a meeting of the elected body to be chaired by the Vice President wherein the Secretary will be elected and will start functioning. A request for nominating four members shall be made to the President by the Vice President immediately after election of new committee. |
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27. | Power & Duties | I. PRESIDENT: In addition to the powers conferred on him by any other provision of this Constitution, the President of the club shall also exercise the following powers i | He shall nominate the office bearers of the Executive Committee in the absence of their formal election in accordance with the provisions of this Constitution. | ii | He may call an extra ordinary General Body Meeting of the club with seven days notice in advance | iii | If the president is of the opinion that decision of the Committee arrived at in his absence is likely to affect the character or endanger the stability of the club or is in any way injurious to its interests, he may suspend the resolution and ask the Committee to discuss it when he is present in the meeting. | iv | The president shall preside over the meeting of the Annual General Body Meeting and extra-ordinary General Meeting of the club. If the President is not present, the Vice-President shall preside over the meetings. In absence of both the President and the Vice- president, the members of the Executive Committee may appoint any member from amongst themselves to preside over any such meeting. | v | The president will be empowered to condone the period of limitation. |
2. VICE PRESIDENT: In the absence of the President, the Vice President shall exercise all the powers of the President. 3. EXECUTIVE COMMITTEE: The management and control of the club shall vest in the Executive Committee which shall be the governing body of the Club and which may exercise all such powers and do all such acts and things for the club by virtue of this constitution or rules made there-under. In furtherance of and without prejudice to the general or special powers conferred by or implied, it is hereby expressly declared that the Executive Committee shall be entrusted with the following powers and duties : a | The Executive Committee shall frame or amend rules for the club for carrying out the provisions of this constitution. | b | It shall provide a common seal for the purpose of the Club and to affix it to any deeds or other documents required under its common seal, provided that the seal shall be so affixed only under the authority of a resolution of the Executive Committee and that all such deeds or other documents shall be signed by two members of the Executive Committee and countersigned by the Secretary. | c | It shall prohibit playing of a particular game in the club premises entirely or for any particular time and regulate the rules to be observed and stakes to be played by the members or guests playing any game in the club premises. If any complaint is received which in the opinion of the Executive Committee violates the provisions of the constitution and rules, the ExecutiveCommittee may proceed against the member/members involved in the manner provided in section 34 or section 36 of the constitution.Any member of the executive committee, witness to any breach of discipline or violation of the constitution, can recommend invocation of section 34 or section 36 of the Constitution. This action is to be ratified within seven days by a disciplinary committee comprising of any four members of the Executive Committee along with the Secretary. | d | It may write off, in the accounts of the club, such sums as they may deem expedient in respect of bad and doubtful debts subject to the approval of the General Body, provided such amount exceeds Rs.30,007- at a time. | e | It may grant sanction to pay the charges and expenses, preliminary and incidental for smooth running and promotion of the activities of the club; | f | It may invest and deal with funds of the club not immediately required for the purpose there of upon such securities and in such manner as they deem fit and from time to time realize such investments; | g | It may authorize the Secretary to enter into all such negotiations and contracts and rescind and vary all such contracts and execute and do all such acts, deeds and things in the name and on behalf of the Club as it may consider expedient for and in relation to any of the matters aforesaid or otherwise for the purpose of the club. | h | It shall determine who will be entitled to sign on behalf of the Club bills, notes, receipts, acceptance, endorsements, cheques, release, contracts and documents | i | It may authorize, by a resolution, the Secretary to appoint any person to be the attorney of the Club for specified purpose or for general purpose. It may authorize the attorney so appointed or amount due to the Club or recoverable from any member or others and also may authorize the attorney to represent the Club in any proceedings filed against it in any court, tribunal or before any other authority | j | The Executive Committee shall meet at least once a month for the transaction of business. At the meeting the Executive Committee shall examine the accounts of the Club pertaining to previous month a) | Subject to aforesaid the Executive Committee may meet together for discharge of business, adjourned and otherwise regulate its meetings and proceedings as it deem fit. Eight members personally present shall form the quorum | b) | If a meeting of the Executive Committee could not be held for want of quorum the meetings shall be adjourned to some other day. At the ensuing meeting the business of the adjourned meeting shall be disposed off whether there is a quorum or not. No fresh business shall however be brought up at such adjourned meeting | c) | The secretary may at any time convene a meeting and shall also do so if requisitioned in writing by any three members of the Executive Committee. Notice of every meeting of the Executive Committee shall be issued in writing to every member of the committee at his usual address.Question arising in any meeting shall be decided by majority of votes and in case of equality in votes, the President/Vice President/Chair person shall have a second or casting vote. |
| k. | The Executive Committee may delegate any of its powers to or appoint for any special purpose subcommittees of such other members of the Club as they deem fit. Any subcommittees so formed shall be in accordance with the process of constitution and rules that may, from time to time, be made by the Executive Committee. The Secretary shall be ex-officio member of every sub-committee. The meeting and proceedings of any such subcommittee shall be governed by the provisions regulating the meeting and proceedings of the Executive Committee |
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28. | The Secretary shall cause | i | The minutes of proceedings of the Executive Committee to be entered in the minute book kept for the purpose. | ii | The minutes of each meetings shall contain a fair and correct summary of the proceedings there-at; | iii | In case of a meeting of the Executive Committee or Sub-Committee of the Executive Committee of the executive Committee, the minutes shall also contain; a) | The names of members present at the meeting | b) | In the case of the resolution passed at the meetings the names of the members of the committee if any, dissenting from or not concurring to the resolution. |
| iv | The member presiding over any such meeting may in his absolute discretion refuse to include any part of the proceedings or which can reasonably be regarded as defamatory to any person/class of persons or which may be detrimental to the interests of the Club. | v | Any such minutes if purporting to be signed by the President/Chairman of the meeting in which the proceedings took place off by the President of the next succeeding meeting shall be an evidence of the proceedings. | vi | Minutes of the proceedings of any General Body Meeting of the Club shall however be open to inspection by any member without charges for two hours up to seven days between 6 RM. to 8 RM. on each day which is not a public holiday. |
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29. | Functions | In addition to the power conferred by any other provision of this constitution or rules, the Secretary shall discharge the following functions: i | General management of the Club subject to the supervision and control of the Executive Committee to which he shall be responsible | ii | He may impose fines upto Rs 1000/- on the club employee for their misbehavior, negligence of duty or any default on their part | iii | He shall have the power the appoint and to suspend any suspend any defaulting employees of the club and make temporary arrangement in place of such suspended employees subject to the post confirmation by Executive Committee | iv | He shall receive all money payable to the club | v | He shall place orders and make payment of bills in respect of cleaning material, electricity, gardening, glassware, insurance, newspaper, periodicals, sports facilities, postage, printings, servants, soda water, stationary, playing cards, telephones and other miscellaneous requirements | vi | He may incur expenditure not exceeding Rs. 2000/- per item, But total purchases shall not exceed to an amount of Rs. 10,000/- PM. However this will not apply to consumable items of day to day use or money spent towards expenses on approved developmental projects |
PROVISO : i | All the payment above Rs. 20,000/- shall be made through cheques. However, this does not apply to payments towards provident fund, sales tax, license fees electricity bills and all other government dues. | ii | Cheques shall be signed by the Secretary and one of the Executive Member as nominated by the Executive Committee | iii | The Secretary may suspend under Article 34, any member found guilty of violating the Constitution or indulging in any indiscipline. The suspension of a member by the Secretary of the Club shall be subject to confirmation by the disciplinary committee within 7 days from the date of suspension. If such suspension is not confirmed by the disciplinary committee the matter shall be placed before the Executive Committee. If the suspension of the member is confirmed by the Executive Committee, the member concerned shall be apprised of the charges in writing along with a show-cause notice as to why his membership should not be terminated under Article 36. The Secretary may restrict the entry of such member to the club till the enquiry process is over. | iv | The Secretary of the Club shall have the power to restrict the entry of any guest who in his opinion is undesirable |
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30. | Annual General Body Meeting | A) Annual General Body Meeting 1 | A General Body Meeting of the permanent member of the Club shall be held annually before the end of April on the date to be fixed by the Executive Committee | 2 | The date fixed for the meeting under sub-section (i) shall be notified by the Secretary in writing to each permanent member. Notice to this effect shall be affixed on the Club notice board 21 days prior to the date of meeting. | 3 | Every notice for meeting of the club shall specify the place, date and time of the meeting and shall contain a statement of the business to be transacted there at | 4 | The incidental omission to give notice or non-receipt of notice by any member or other person to whom it should be given shall not invalidate the proceedings of the meetings | 5 | The statement of accounts of the preceding year of the club shall accompany the notice to individual Member of the club |
B) The following business shall be transacted in Annual General Body Meeting of the Club 1 | To consider and if approved pass the accounts of the preceding year | 2 | To elect every two years by ballot members of the Executive Committee other than those nominated by the President under section 19 of this Constitution | 3 | To approve, modify or reject suggestions made by the Executive Committee for amending the Constitution of the Club | 4 | To appoint an auditor for the ensuing 2 years and fix his remuneration | 5 | To transact such other business as may regularly be brought before the meeting and of which 10 days notice in writing has been given to the Secretary | 6. | To consider and ratify if approved, any resolution passed at Extra-ordinary General Body Meeting if held from the last Annual General Body Meeting |
C) Every question other than the election of Member of the Executive Committee shall be decided by majority show of hands. In the case of an equality of votes, the president/ Chairman of the meeting shall have a second or casting vote. Any resolution passed in General Body Meeting shall have immediate effect. |
31. | Extra – Ordinary General Body Meeting | All general body meetings other than the annual general body meeting shall be called Extraordinary General Body Meetings. The extra-ordinary General Body meeting of the Club may be convened at any time in accordance with the provision contained herein below : i | The Executive Committee after giving not less than 10 days notice and specifying the object of the meeting may at its discretion or upon a requisition in writing made by 50 permanent members. Who are not in arrears, convene an Extra-ordinary General Body Meeting for the purpose; | ii | Such requisition shall state the subject of the proposed meeting and shall be left at the office of the Secretary. | iii | Upon the receipt of such requisition the Executive Committee shall forthwith proceed to convene an Extra- ordinary General Body Meeting | iv | If the Executive Committee does not convene the same within ten days from the date of requisition, the President shall call an Extra-ordinary General Body Meeting suo moto; | v | The business to be considered or transacted at such an Extra-ordinary meeting shall be strictly confined to the matter specified in the notice convening such meeting and to such motions and amendments as in the opinion of the President or Vice President are relevant thereto | vi | Any resolution passed at an Extra-ordinary General Body meeting shall have immediate effect but shall be subject to ratification at the next Annual General Body Meeting |
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32. | Quorum | 1 | 100 permanent members of the club shall form the quorum in case of Annual General Body Meeting and also for an Extra-ordinary Annual General Body Meeting | 2 | If within one hour after the time appointed for the Annual General Body or extra-ordinary General Body meeting, the requisite quorum is not complete the meeting shall be adjourned and will be convened next week on the same day and time and members present at such time shall form the quorum and in case the adjourned meeting could not be convened due to unforeseen reasons, the meeting shall be convened following week same day same time |
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33. | Voting | 1 | The provision of section 30-C of this Constitution shall apply mutatis mutandis to the Annual Extra-ordinary General Body Meeting also so for as the same relate to the manner and the right of voting | 2 | At a General Body Meeting, unless a poll is demanded by at least 40 members, a declaration by the President, that a resolution has or has not been carried and an entry to that effect in the minute book of the club shall be sufficient evidence of that fact without any further proof of the number of votes recorded in favour of or against such a resolution |
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34. | Suspension | 1 | If in the opinion of the Executive Committee, the activities of any member are undesirable and objectionable, he shall be liable to be suspended from the Membership of the Club for a period not exceeding three months ordinarily. | 2 | Any member suspended under Sub Section (I) of this Section shall not use the Club other than parties/Functions | 3 | On the expiry of the suspension period, the Executive Committee shall reconsider the matter and may by resolution either remove the ban on such terms and conditions as it may deem proper or take action against him in accordance with the procedure laid down under section 36 of this constitution. | 4. | Provided that no Member ordinarily shall be suspended unless such Member has been given an opportunity of being heard and has been apprised of the charges in writing and the decision for his suspension for the period is approved as per the provision of section 29 (viii). |
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35. | Expulsion | Any member, who has been suspended from the membership of the club under Section 34, shall be liable for expulsion in case he goes for litigation against his suspension. |
36. | Termination of Membership | A member shall cease to be member of the club for one of the following reasons: a | By voluntary resignation by a letter addressed to the Secretary/Executive Committee and its acceptance thereof; | b | By his being adjudicated insolvent | c | By his dismissal from the public service | d | By his having been found guilty by a competent authority, tribunal or Court of Law in a case involving a criminal offence or moral turpitude. | e | By the deletion of his name from the list of members for nonpayment of bills | f | If he is found to be of unsound mind | g | A permanent Member who has been warned/censured three times by the Executive Committee on account of misconduct | h | Any information required under the provisions of the constitution, if found incorrect |
1. Any person ceasing to be a member by the operation of clause a, b, e & i of the foregoing section and who intends to become again a permanent member of the Club shall make an application as prescribed under Section 10 of the Club Constitution and fulfill all the requirements set forth therein, provided all dues to the Club shall have first to be paid. But persons ceasing to be a member under other clauses of this section c, d, g & h shall not be readmitted as member of the Club; Provided that the Members terminated due to nonpayment of Bills and who subsequently seek readmission shall make an application to the club which shall be put up for consideration/approval before the Executive Committee. If their application for readmission is approved by the Committee, they shall deposit the prevalent Fees afresh in addition to their previous outstandings, before they can be readmitted. 2. A member resigning his membership must clear all the liabilities of the Club upto the time of withdrawal; 3. A person ceasing to be member is not entitled to the benefits of the Club nor can he be brought as a guest. Provided this clause shall not apply to person who has voluntarily resigned. Same equally applies in the case of persons under reciprocal arrangements |
37. | Non Payment of Bills | a | Monthly bill shall ordinarily be made out and tendered to the members by the 10th of the month. If any member on presenting of bill subscription, supplies or other charges for payment, neglects or refuses to pay such bills within 21 days of its presentation, he shall be reminded again for payment of the bill under the certificate of posting. Ordinarily the bill will be posted in the prescribed manner but if any member does not receive the bill, it would be incumbent on the member to verify his Club dues from the club office. When the dues of a member exceed the credit facility, and he does not make the payment within 21 days from the date of presentation of the bill, his name shall be posted in a conspicuous part of the club. A notice of the Committee’s intention to so post his name shall be sent by a Registered letter addressed to his last known place of residence or business, intimating that unless payment in full be made within 15 days on the receipt of the said notice the name shall be duly posted. His name shall remain posted for 15 days. If the outstanding is not fully cleared, the Committee may delete his name from the list of Members and an intimation to this effect shall be sent to him by the clubThe Executive Committee shall have no powers to review its decision taken under this section after the expiry of six months from the date of termination of membership unless such a review is expressly recommended by the Vice-President for consideration in the next meeting of the Executive Committee. | b | A member who is posted out as defaulter under the provisions of this section shall not be entitled to any of the privileges of the Membership. He cannot be brought as a guest by any member. | c | Without prejudice to the foregoing provisions of the section permanent Member shall be allowed a credit upto Rs. 2000/- only Provided that no Club dues will be allowed to be carried over after 31st March each year. A member failing to make full payment to the club of all the dues whatsoever outstanding against him till the previous month shall not be eligible for contesting election. |
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38. | Accounts | 1 | The Executive Committed shall cause true accounts to be kept of all amounts received and spent by the Club and the matters in respect of which such receipts and expenditure take place, of all sales and purchases of goods by the Club and of the assets, credits and liabilities of the Club. | 2 | The accounts of the Club shall be closed and balanced annually by 31″ day of March and shall be audited by an auditor appointed at the Annual General Body Meeting The books of the accounts shall be kept at the registered office of the club and at such other place as the Executive Committee may deem fit. The Executive Committee shall from time to time determine whether and to what extent and at which time and place and under what circumstances or regulations, the accounts books and documents of the club or any of them shall be open to the inspection of the Executive Committee members. |
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39. | Auditor | 1 | The auditor shall audit the accounts of the Club and shall submit his audited report containing the balance sheet and accounts in every such report he shall state whether in his opinion the balance sheet is properly drawn up so as to exhibit a true and correct state of affairs of the Club. In case he has called for any explanation or information from the Executive Committee, he shall state in the report whether or not such explanation or information given by the Committee is satisfactory | 2 | Auditor shall have access to the account books of the club, the stocks and cash and he may in relation, examine the officers of the club or make any inquiry from the members of the committee. | The Auditor’s report shall be read in the Annual General Body Meeting and shall be open to inspection by any member of the Club. |
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40. | Notice | A notice may be given by the Club to any member either personally or by sending it by post on his registered address. 1 | Where a notice is sent by post, service of the notice shall be deemed to have been affected by properly addressing and posting a letter containing the notice, unless the contrary is proved | 2 | Every member shall register his address at the office of the Club and from time to time give notice of any change of address as aforesaid. A member who has not registered the address shall not be entitled to object to any action taken-under, on the ground that the notice has not been received by him. Every member of the Executive Committee and every Sub-Committee and other officers or servants of the club and any person employed by the Club as auditor or legal advisor shall be indemnified by the Club and it shall be the duty of the Executive Committee to bear all costs, losses and expenses out of the Club funds. |
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41 | Amendment to the Constitution | Any amendment to this constitution may be initiated in writing to the Secretary by at least 25 members of the Club who are not in arrears, or by the Executive Committee. The proposed amendment may be placed before the Annual General Body/Extra-ordinary General Body Meeting which shall be adopted by a majority vote. However, no amendment to the constitution may be taken up unless the same is submitted atleast seven days before the date of the general body meeting. Further, no amendment may be carried out unless approved in a meeting comprising of atleast 100 members. |
42 | For the Superintendence, control and Submission of Rules | The payment of admission fee by a person at the time of submission of form of the membership shall not entitle him/her to enjoy benefits and privileges of the Club. 1 | An appeal against the decision of the Executive Committee under section 35 & 36 of this Constitution shall lie with the General Body with in a period of 30 days from the date of its decision, provided that 50 permanent member not in arrears support the memorandum of appeal. Such an appeal should be filed before the Secretary of the Club within 30 days from the date of decision. | 2 | An appeal under sub section (I) shall be addressed to the Secretary who shall convene an Extra-ordinary General Body Meeting for consideration of the appeal, in case the Annual General Body Meeting is not likely to be held within period of two months from the date the appeal is preferred by the appellant. | 3. | The General Body shall consider the appeal and decide it by majority of vote |
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43 | Employee Welfare Fund | The Club shall create an employee’s welfare fund which will exclusively be spent for the welfare of the staff members or as the Executive Committee shall deem fit in the circumstances of the case. However a sum of Rs 1,00,000/- (Rupee one lac) shall always remain in the said account for any contingency |
44 | Repeal and saving | The Constitution of Amar Singh Club, Jammu in force immediately before the Commencement of this constitution is hereby repealed. Notwithstanding such repeal, anything done or any action taken under this Constitution shall be deemed to have been done or taken under this Constitution or as if this Constitution was in force on the day such thing was done. |