Chapter 11 - Forms-Clubs and Societies
Chapter 11 - Forms-Clubs and Societies
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Model Bye-laws of a Club
1. Guests. Non-members, other than permanent Guests, may be admitted to the Club premises
only when accompanied by a Member or his permanent Guest. The Committee reserves the right
to check all persons entering the Club premises to ensure that only Members and their genuine
guests are admitted.
A Visitors’ Book is kept in the main Entrance Hall of the Club House in which, in order to
comply with the Excise regulations members are requested to enter the names of their guests
other than golfing and tennis guests, for whom separate books are provided.
Members introducing guests are responsible for all charges incurred on their account. Any
individual, particularly a resident of Calcutta should not normally be introduced as a guest more
than six times in a year.
Members’ dependent children upto the age of 21 years only may use their membership;
special application to be made in respect of their children between the ages of 21/23 years.
Beyond the age of 23 years, members’ children must conform to guest rules.
2. Children. Members or their permanent Guests bringing children to the Club premises are
particularly requested to see that they do not interfere with the convenience of other members.
Ayahs are not allowed on the gravelled area or on the Tea Lawn, other than in the children’s
playground.
On Race mornings and afternoons, only those children who are accompanied by their own
parents may use the precincts of the Club other than the children’s playground.
3. Dogs. Dogs must be kept under proper control, and when within the precincts of the Club
House they must be on a leash. Dogs may not be taken into any of the Club buildings.
Any dog in the neighbourhood of the Club House which barks or otherwise causes annoyance
to members must be sent to the garage in charge of a dog boy.
Dogs brought into the Club compound on track must be under control at all times and when in
the vicinity of the Race Course they must be on a lease.
On Race mornings and afternoons they may not be brought into the Club Grounds even in
cars.
4. Closing hours. The Club House will be closed at 8 p.m. on week days and 10 p.m. on
Saturdays, Sundays and Public Holidays or at such times as the Committee may decide.
5. Motor Cars. Are not allowed to stand in the porch or in the roadway near the Club House,
on Saturdays, Sundays and Public Holidays.
Members are requested to assist the Committee by ensuring that their cars are parked
between the white lines in the covered garage area or the parking spaces defined in the
uncovered area to the North of the new tennis courts. Under no circumstances may cars be
parked along the verges of the ‘IN’ and ‘OUT’ roads.
The route to the Garage it via the Club House. Cars or other vehicles may not be driven direct
to the garage from the main Entrance Gate except on Race Afternoons and on track mornings.
Members are requested to see that their cars are driven slowly inside the Club Grounds and
they do not interfere with golfers when passing in front of the 13th tee. Horns should not be
sounded within the Club Grounds.
6. Transistors & Radios may not be played in the vicinity of the Club House. Music is
available in A.C. Bars over weekends and holidays.
7. Tipping of any Club Staff is strictly forbidden except only when an individual is employed as
a Caddy. Appreciation of service may be shown by a contribution to the Gratuity Fund for which a
book is maintained by the Club Stewards.
8. Complaints should be addressed to the Managing Member in writing or entered in a book
which is kept for that purpose in the lounge.
9. Suggestions. Constructive suggestions are welcomed, and may be entered in
‘SUGGESTION BOOK’ which is kept in the lounge.
GOLF
1. Caddies. Caddies must be engaged through the Caddy Master, and the Caddies’
Engagement Register must be signed before commencement of play or practice.
2. Payment due to caddies must, in all cases, be made by cash.
3. The employment of Forecaddies is permitted except where expressly disallowed, e.g. when
playing in competition.
4. A match between a member and a playing caddy has the same standing on the course
as other Two-Ball Matches.
5. Starting sheet. Matches will start in the order written on the Starting Sheet.
A match may not be entered on the Starting Sheet until two players in the match are within the
Club premises, except as provided for under Bye-laws 6 hereunder.
6. Booking of times. Starting times for Saturdays, Sundays and holidays will be allotted, and
Members may apply for times on those days not more than 14 days before the day of play. All
timings for competitions will be allotted.
Applications for starting times must specify the names of the players in the match. Where a
guest is one of a match, his name and the designation ‘GUEST’ must be entered on the slip.
7. Allotment of times. The allotment of times in the case of Three and Four Ball matches,
Fixed matches, will be subject to the limits laid down from time to time by the Committee. This
chart will be posted on the Club Notice Board and Members will be notified of changes
periodically when they occur.
8. Forward times. Subject to Bye-law 9 hereunder, any match may start at the 8th or any
subsequent Tee, provided that the following match has not reached the preceding Tee. A forward
booking may be made at the 1st Tee—But only for alternate times—on the Starting Sheet and, if
ready to start at such times on the 1st Tee, such match will be entitled to play. Under no
circumstances are three or four-ball matches, mixed matches and mixed foursomes permitted to
commence play outside the times laid down by the Committee.
9. Cutting in. Members may not at any time cut in unless there is a clear hole behind them;
for example, no match may start from the 8th Tee when there are players on the 7th hole or when
players have moved off the 6th green. Similarly, no match may start from the 11th, 12th, 13th,
15th or 17th Tees when the next following match has left the 9th, 10th, 11th, 13th or 15th green
respectively.
10. Shamianas. Players must leave the shamianas and be on the Tees at the 5th and 15th
holes before the match ahead has left the green, and be on the 10th tee before the match ahead
has played a second shot.
11. Golfing guest. Members may introduce, as Golfing Guests, visitors to, or residents of
Calcutta, provided that no resident non-Member shall be introduced on more than six occasions
in one calendar year in all, irrespective of the Members introducing him. Guests must play either
with their introducer or his Permanent Guest.
Names of guests must be entered in the Guest Book in the 18th Bar prior to commencing a
round.
12. Green Fees. Green Fees will be charged to Members of Golfing Guest introduced by
them or playing with the Permanent Guest as follows:
On Saturdays
Sundays and
Holidays Other days
13. 18th Shamiana Bar. Ladies are not permitted in this Bar before 1 p.m. on Sundays and
Holidays.
14. Dogs. Dogs, if brought on the course, must be kept under control. Dogs are not allowed
to be brought into the Club compound on Race days.
15. Closure of Course. The gold course, or any part thereof, may be closed, owing to
weather conditions at the discretion of the Managing Member or a Member of the Golf Sub-
Committee.
CATERING
1. Breakfast, Lunch, Tea and Supper are served daily on demand, according to the standard
menu. Members are asked to give 24 hours’ notice of any special menus, lunch parties, etc.
Except for Club evenings and special dinner parties booked in advance, the kitchen will normally
be closed at 9 p.m.
2. Large and small Cakes, Shortbreak, Club Biscuits and Fudge may be purchased from the
Club Bakery on giving 24 hours’ notice.
Sausages, Bacon, Pate and other items can also be obtained from the Club Deep Freeze.
3. Members may not have picnics within the Club grounds without the previous sanction of the
Managing Member.
4. The Club House and/or the Air Conditioned Bars may be engaged by Members for private
parties.
5. Under Excise Regulations, children under the age of 18 years are not permitted in the A.C.
Bar.
TENNIS
1. Booking. A member desiring to reserve a court or to book the marker should either enter
his name personally in the book kept for that purpose, or apply by letter or telephone ............... A
chart of bookings made will be displayed each day in the tennis court area, and this may be
referred to by all players.
Courts may be reserved not more than 14 days in advance, and it is helpful if 24 hours’ clear
notice of bookings is given.
2. Cancellations. If a court has been booked and is not required it will be charged for unless
(a) notice of cancellation is received 24 hours before the time for which it has been booked, or (b)
the court is used by some one else, or (c) it is closed under Bye-law 3 below.
Cancellation of Tennis Courts in the book must be initialled by the Member who booked the
court.
3. Closing of Courts. The Courts may be closed on any day or days at the discretion of the
Managing Member or a Member of the Tennis Sub-Committee.
4. Tennis Balls. Members must make their own arrangements for Tennis Balls, which are also
available for purchase at the Club Shop.
5. Tennis Guests. A fee of Rs. 3 will be charged to members for each guest introduced by
them or playing with their Permanent Guest.
6. Signing. Members are asked to ensure that they sign for their guests, marker, ball boys,
before vacating the court.
SWIMMING BATH
1. Hours. The Swimming Bath is open daily from 6-30 a.m. to 8 p.m. except only for annual
painting in January/February.
2. Children using the Swimming Pool must be accompanied at all times by either a Member
or Permanent Guest and under no circumstances should be left unattended in the Swimming
Pool where, if not under control, they can be in danger of injury or cause nuisance to other
Members.
3. Towels. Bath Towels are provided by the Club. They should on no account be removed
from the area of the Pool and Changing Rooms.
4. Servants. No servants are allowed inside the Swimming Bath premises other than Club
attendants.
5. Dogs. Dogs are not allowed within the precincts of the Swimming Bath under any
conditions whatever.
ACCOMMODATION
1. Reservation. Booking of the Club Suites may be made through the Head Steward at the
Club.
2. Charges. The rates for the Air-Conditioned room with attached bath have been kept
intentionally low, currently @ Rs. 40 per day for Permanent Members and Rs. 70 per day for
Reciprocal and Temporary Members. These charges cover electricity and service, with additional
Rs. 10 for a third occupant in any room.
3. Duration. Two Suites are available for extended occupation by firms, whilst the others are
intended for reservation for short periods. No member may normally occupy for more than 10
days at a stretch unless there is no pending booking for the room.
4. Accounts. Bills in respect of occupants will be submitted weekly for payment on
presentation.
5. General. Residents at the Club are particularly requested to abide by all Rules and
covenants pertaining to …………… CLUB.
Hacking—Bridle Path
MEMBERS and their guests are requested to refer to the Sketch Map posted on the Club Notice
Boards. When using the Bridle Path they are requested to give right of way to golfers when
crossing any fairway or approaching any tee.
ARTICLE II
Territorial Limits
The territorial limits of this club shall be as follows.
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ARTICLE III
Object
The object of Rotary is to encourage and foster the ideal of service as a basis of worthy
enterprise and, in particular, to encourage and foster:
First: The development of acquaintance as an opportunity for service;
Second: High ethical standards in business and professions; the recognition of the worthiness
of all useful occupations; and the dignifying by each Rotarian of his occupation as an opportunity
to serve society;
Third: The application of the ideal of service by every Rotarian to his personal, business and
community life;
Fourth: The advancement of international understanding, goodwill and peace through a world
fellowship of business and professional men united in the ideal of service.
ARTICLE IV
Meetings
Section 1. This club shall meet regularly once each week on the day and at the time provided
in the bye-laws, provided that in an emergency, or for good cause, the BOARD OF DIRECTORS
of the club may change the regular meeting of any week to a different day of the same week or to
a different hour of the regular day, or to a different place, or cancel the regular meeting of any
week when it falls on a legal holiday, or because of the death of the club President or an epidemic
or a disaster affecting the entire community.
Section 2. An annual meeting for the election of officers of this club shall be held not later
than the thirty-first day of March in each year as provided in the bye-laws of this club.
Article V
Membership
Section 1. Kinds. There are four kinds of membership, namely, active; senior active; past
service and honorary.
Section 2. Active membership. Each active member shall be an adult male person of good
character and good business or professional reputation—
(a) engaged as proprietor, partner, corporate officer, or manager of any worthy and
recognized business or profession; or
(b) holding an important position in an executive capacity with discretionary authority in any
worthy and recognized business or profession; or
(c) acting as the local agent or branch representative of any worthy and recognized
business or profession, having charge of such agency or branch in an executive
capacity; and
personally and actively engaged in the business or profession in which he is classified in the club
and having his place of business or residence located within the territorial limits of the club,
except as otherwise provided in Article 7, section 2A of this Constitution.
Section 3. Classifications. (a) Each active member of this club shall be classified in
accordance with his business or profession.
(b) The classification of each active member will be that which covers the principal and
recognized activity of the firm, company or institution with which he is connected, or if he be
independently engaged in a business or profession his classification shall be that which covers
his principal and recognized business or professional activity.
(c) How corrected. The Board, in its discretion, may correct or adjust the classification of any
member, whose membership has not terminated, if the circumstances warrant such action. Due
notice of such proposed correction or adjustment shall be given to the member and he shall be
allowed a hearing thereon.
Section 4. Limitation. The active membership shall consist of but one man from each
classification of business or profession, excepting the newspaper and religion classifications, and
excepting the provision for additional active members as provided in sections 5 and 6 of this
Article.
Section 5. Additional active member. (a) Any active member of this club may propose for and
the club may elect to active membership one additional man from the concern or establishment
with which the proposer is connected, whose classification shall be the same as that of the
proposer. The qualifications of such additional member shall be those required for active
membership. An additional active member is in all respects an active member except that the
membership of an additional active member elected under the foregoing provisions of this section
shall automatically terminate with the termination of the active membership of the active member
who proposed him.
(b) The club may, subject to the approval of the holder of the classification, elect to additional
active membership in the club any former active member of a Rotary Club whose place of
business whereat he is actively engaged in within the territorial limits of the club and who
otherwise qualified for membership, provided—
(1) that there shall, in no case, be more than one additional active member elected under
this paragraph of this section in respect of any one classification,
(2) that any member so elected shall have terminated membership of his former club only
because he ceased to be actively engaged within the territorial limits of that club in the
classification of business or profession under which he was classified in that club, and
(3) that an additional active member elected under this paragraph of this section shall cease
to be a member when the classification becomes vacant, provided that when the
classification is again filled, he may [without prejudice to the right of the holder of
the classification to propose an additional active member under para (a) of this section]
then be re-elected.
Section 7. Public office holder. Persons elected or appointed to public office for a specified
time only shall not be eligible to active membership in this club under the classification of such
office. This shall not apply to persons holding a position or office in schools, colleges or other
institutions of learning.
An active member of this club who is elected or appointed to public office for a specified period
may during the period in which he holds such office continue as such active member in the club
under the classification represented by him in the club immediately prior to such election or
appointment.
Section 8. Local preference. No man engaged as the local agent or branch representative of
an outside concern shall be eligible to active membership when a suitable prospective member
may be available whose principal place of business is within the territorial limits of this club.
Section 9. Senior active membership. (a) Any active member of this club—
(1) who has been an active member of this or other clubs for a total of fifteen or more years;
or
(2) who is of the age of sixty or more after having been an active member of one or more
clubs for a total of ten or more years; or
(3) who is of the age of sixty-five or more after having been an active member of one or
more clubs for a total of five or more years; or
(4) who is a present or a past officer of Rotary International; or
Any past service member of this club—
(i) who has been an active member of this club and who, at the time he ceased to be an
active member of this club, had the qualifications for senior active membership as
hereinbefore set forth; or
(ii) who has been an active and past service member of this and/or other clubs for a total of
fifteen or more years; or
(iii) who is a present or past officer of Rotary International shall automatically and forthwith
become a senior active member.
(b) This club may, at its option, elect to senior active membership in this club any former
member of any club, who was a senior active member or was eligible to become senior active
member at the time he ceased to be member of a club, provided such former member resides
within the territorial limits of this club or within the surrounding area.
(c) A senior active member shall have all the rights, privileges and responsibilities of an active
member, except that—
(i) he shall not be considered as representing a classification, and
(ii) he shall not have the right to propose an additional active member.
This club may admit to membership a qualified person in the classification of business or
profession in which such senior active member may be engaged.
Section 10. Past service membership. (a) A former active member of a club whose active
membership was terminated because of his retirement from active business or professional life,
may be elected a past service member in this club provided he has been an active member in
one or more clubs for or more years. Such former member may be elected to past service
membership at the time of, or at any time after, the termination of his active membership,
provided he has all the other qualifications of a past service member. If his retirement from
business or professional life occurs after he has ceased to be a member of a Rotary club, he is
not eligible to past service membership. He must reside and continue to reside within the
territorial limits of this club or within the surrounding area, unless he has been an active member
in this club in which event he may reside and continue to reside in the locality of his residence at
the time he ceased to be an active member in this club.
(b) A past service member shall have the rights, privileges and responsibilities of an active
member except that—
(i) he shall not be considered as representing a classification,
(ii) he may not become a senior active member (except as provided in section 9A of this
Article), and
(iii) he does not have the right to propose an additional active member.
Section 11. Honorary membership. (a) A male person who resides within or who has resided
within the territorial limits of the club and who has distinguished himself by meritorious services in
the furtherance of Rotary ideals there or elsewhere may be elected to honorary membership in
the club.
(b) Honorary members shall be exempt from payment of admission fees and dues, shall have
no vote and shall not be eligible to hold any office in the club; shall have no interest in any
property of the club; shall not be considered as representing a classification, but shall be entitled
to attend all meetings and enjoy all other privileges of the club. No honorary member of this club
is entitled to any rights or privileges in any other club.
ARTICLE VI
Officers and Directors
Section 1. The governing body of this club shall be a Board of Directors to be constituted as
the Bye-laws of the club may provide.
Section 2. Except as herein otherwise specifically provided, the decision of the Board in all
club matters shall be final, subject only to an appeal to the club. The Board shall have general
control over all officers and all committees and may, for good cause, declare any office vacant. It
shall constitute a board of appeal from the rulings of all officers and actions of all committees.
Appeal may be taken from any decision of the Board to the club. On such appeal, the decision
appealed from shall be reversed only by a two-thirds vote of the members present, at a regular
meeting specified by the Board, a quorum being present, notice of such appeal having been
given by the Secretary to all members of the club at least five days previous to such meeting.
Section 3. The officers of this club shall be a President, one or more Vice-Presidents, all of
whom shall be members of the Board, and a Secretary, a Treasurer, and Sergent-at-arms, any or
all of whom may or may not be members of the Board of Directors as the Bye-laws of the club
shall provide.
Section 4. Each officer shall be elected as provided in the Bye-laws of the club and, except as
may otherwise be provided in relation to the President, shall take office on the first day of July
immediately following his election and shall serve for the period of his election or until his
successor shall have been elected and qualified.
The President shall be elected at any time within the two-year period immediately preceding
the year for which he is elected to serve as President. The President shall take office on the first
day of July in the Rotary year for which he is elected to serve as President and shall serve for the
period of his election or until his successor shall have been elected and qualified. In the event
that the President is elected prior to the Rotary year immediately preceding the year in which he
is to serve as President, such President-elect shall, if he is not otherwise a member of the Board,
serve as an ex-officio member of the Board in the year immediately preceding the year in which
he is to serve as President.
Each officer and each director shall be an active (including additional active), senior active, or
a past service member in good standing of this club.
ARTICLE VII
Admission Fees and Dues
Section 1. Each active, senior active, and past service member of this club shall pay, as an
admission fee and as annual dues, such sums as may be prescribed in the Bye-laws of this club,
except that a senior active or past service member who has held active membership in this club
shall not be required to pay a second admission fee.
ARTICLE VIII
Duration of Membership
Section 1. Period. Membership shall continue during the existence of the club unless
terminated as hereinafter provided.
Section 2. How terminated. (a) Active membership shall automatically terminate, if, and when,
an active member ceases to be personally and actively engaged in the classification of business
or profession under which he is classified in the club or ceases to have his place of business or
residence located within the territorial limits of the club, or his connection with his business
establishment is severed.
Except that by permission of the Board of Directors, an active member, moving from the
territorial limits of the club, may be given special leave of absence for a period not exceeding one
year to enable him to visit and become known to a Rotary Club in the community to which he
moves, providing he is still active in the same classification of business or profession and
continues to comply with the attendance and all other conditions of Rotary membership. The
termination of his membership would take effect only at the end of the period of leave granted to
him.
In the event an active member of the club, after having been an active member of the club for
five or more years, ceases to have his place of business or residence within the territorial limits of
the club, he may retain his membership in the club provided his new place of business or
residence is located within the corporate limits of the city in which the club is located.
(b) The membership of an additional active member elected under the provisions of Article 5,
section 5A of this Constitution shall automatically terminate with the termination of the
membership of the active member who proposed him, or in the event such active member
becomes a senior active member of this club. If such additional active member is promptly re-
elected to active membership in this club, he shall not be required to pay a second admission fee.
An additional active member elected under Article 5, section 5B shall cease to be a member
when the classification becomes vacant provided that when the classification is again filled he
may (without prejudice to the right of the holder of the classification to propose an additional
active member under Article 5, section 5A of this Constitution) then be re-elected.
(c) Past service membership shall automatically terminate on the thirtieth day of June next
after the date of election. However, the Board in its discretion may, by resolution from year to
year, continue such honorary membership for the ensuing year. Such honorary membership may
be continued by the Board although the person so elected has ceased to reside within the
territorial limits of the club.
Section 3. How to rejoin. When the membership of an active member has terminated as
provided in the foregoing section 2, such person may make new application for membership,
under the same classification or another classification. Such application by an additional active
member elected under the provisions of Article 5, section 5A of this Constitution shall be
considered, before any other, for membership under the classification in which he applies. If
elected to membership he shall not be required to pay a second admission fee.
Section 4. Termination—non-payment of dues. Any member failing to pay his dues within
thirty (30) days after the prescribed time shall be notified in writing by the Secretary at his last
known address. If the dues are not paid on or before ten (10) days from the date of notification,
said membership shall automatically terminate.
Such former member, at the discretion of the Board, may be reinstated to membership upon
his petition, and upon the payment of all his indebtedness to the club, provided that no former
member can be reinstated to active membership if his former classification has been filled.
Section 6. Termination for other causes. (a) The membership of any member who shall cease
to have the qualifications for membership in this club may be terminated by the Board by the
votes of not less than two-thirds of the members thereof, at a meeting called for that purpose.
(b) The membership of any member may be terminated by the Board, for a reason which the
Board may deem to be sufficient by the votes of not less than two-thirds of the members thereof,
at a meeting called for that purpose.
(c) In either case (a) or (b) the member shall be given at least ten days’ notice in writing of
such pending action and an opportunity to submit to the Board a written answer. He shall also
have the privilege of appearing before the Board to state his case. Service of such notice shall be
made by personal delivery or by registered letter to his last address.
(d) In case of a decision to terminate membership, the secretary shall, within seven days after
the date of the Board’s decision, notify the member in writing of the decision of the Board. Such
member may, within fourteen days after the date of such notice, give written notice to the
secretary of his intention either to appeal to the club or to arbitrate as provided in Article 12 of this
Constitution. In the event he appeals, the Board shall set a date for the hearing of the appeal at a
regular meeting of the club, to be held within twenty-one days after the receipt of such written
notice of appeal. At least five days’ notice of such club meeting and its special business shall be
given in writing to every member of the club, and only members of the club shall be permitted to
be present when such appeal is considered at such meeting.
(e) When the Board has terminated the membership of an active member as provided for in
this section, the club shall not elect any member under his former classification, until the time for
hearing the appeal, if any, has expired and the club’s decision or the arbitrators has been
announced.
(f) The action of the Board shall be final if no appeal to the club is taken and no arbitration is
requested. If an appeal is taken, the action of the club shall be final.
Section 7. Resignation. The resignation of any member from this club shall be in writing
(addressed to the President or Secretary) and shall be accepted by the Board, provided that all
indebtedness of said member to the club has been paid.
Section 8. Property interest—forfeiture of. Any person whose membership in this club has
been terminated in any manner shall forfeit all interest in any funds or other property belonging to
the club.
ARTICLE IX
Community, National and International Affairs
Section 1. The general welfare of the community, the nation and the world is a concern to the
members of this club, and the merits of any public question involving such welfare shall be proper
subjects of fair and intelligent study and discussion before a club meeting for the enlightenment of
its members in forming their individual opinion. However, this club shall not express an opinion on
any pending controversial public measure.
Section 2. This club shall not endorse or recommend any candidate for public office and shall
not discuss at any club meeting the merits or demerits of any such candidate.
Section 3. (a) This club shall neither adopt nor circulate resolution or views, nor take
corporate action, dealing with world affairs or international policies of a political nature.
(b) This club shall not direct appeals to clubs, peoples or governments, or circulate letters,
speeches, or proposed plans for the solution of specific international problems of a political
nature.
ARTICLE X
Official publication
Section 1. By acceptance of active, senior active, or past service membership in this club,
such member voluntarily becomes a subscriber to the monthly publication of Rotary International.
His subscription shall be handled in six-month periods and shall continue as long as he is a
member of the club and to the end of any six-month period during which he may cease to be a
member of the club.
Section 2. The amount of the subscription shall be collected by the club from each member,
semi-annually, in advance. The secretary shall enter such subscriptions and amounts so
collected in a special subscription account and remit to Rotary International.
Section 3. The Board of Directors of Rotary International may prescribe this standard club
constitution without this article for the use of clubs outside of the United States of America and
Canada.
ARTICLE XI
Acceptance of object and compliance with
Constitution and Bye-laws
A member by payment of his admission fee and dues thereby accepts the principles of Rotary
as expressed in its object and submits himself to and agrees to comply with and be bound by the
Constitution and Bye-laws of this club, and on these conditions alone is entitled to the privileges
of the club. No member shall be absolved from the observance of the Constitution and Bye-laws
on the plea that he has not received a copy of them.
ARTICLE XII
Arbitration
Should any dispute arise between any member or members, or a former member or members,
and the club, or any officer or the Board of the club, relating to membership or any officer or the
Board of the club, relating to membership or to any alleged breach of the Constitution or Bye-
laws, or the expulsion of any member from the club, or on any account whatsoever which cannot
be satisfactorily settled under the procedure already provided for such purpose, the matters in
difference shall be settled by arbitration. Each party shall appoint an arbitrator and the arbitrators
shall appoint an umpire. Only members of a Rotary club may be appointed as umpire or as
arbitrators all functioning in accordance with the Arbitration and Conciliation Act 1996. The
decision arrived at by the arbitrators, or in the event of their disagreement, by the umpire, shall be
final and binding on all parties.
ARTICLE XIII
Bye-laws
This club shall adopt Bye-laws not inconsistent with the Constitution and Bye-laws of Rotary
International (and the rules of procedure for and area administration where established) and with
this Constitution, embodying additional provisions for the Government of this club. Such Bye-laws
may be amended from time to time as therein provided.
ARTICLE XIV
Amendments
Section 1. Time. This Constitution, except in an emergency as provided for in Article 6,
section 2 of the Bye-laws of Rotary International, and except as provided in section 4 of this
Article, may be amended only by action of the Council on legislation as part of the Convention of
Rotary International held in an even-numbered year, and except that in the event a sufficient
number of votes are cast by clubs against approval of action by the Council on any proposed
enactment to amend this Constitution, which will require action by the Convention, as provided in
Article 9, section 8G of the Bye-laws of Rotary International, this Constitution may be amended by
the Convention in an odd-numbered year by a majority vote of the electors present and voting at
the time such amendments are submitted to the Convention.
Section 2. Who may propose. Amendments to this Constitution, except as provided in section
4 of this Article, may be proposed only by a club, by a district conference, by the general council
or the conference of Rotary International in Great Britain and Ireland, by the Council-on-
legislation, or by the board of directors of Rotary International.
Section 3. Procedure. Any proposal to amend this Constitution shall be delivered to the
General Secretary of Rotary International not later than the first day of August, in the Rotary year
in which the Council-on-legislation is to meet.
The General Secretary of Rotary International shall mail a copy thereof to the Secretary of
each club by the first day of November in the Rotary year in which the Council-on-legislation is to
meet.
The General Secretary of Rotary International shall transmit directly to the Council all duly
proposed amendments.
The Council shall consider and act upon each such duly proposed amendment and any
preferred amendment thereof.
Section 4. Article 1 (Name) and Article 2 (Territorial Limits) of this Constitution may be
amended at any regular meeting of this club by the affirmative vote of a majority of members
present and voting, provided that notice of such proposed amendment shall have been mailed to
each member at least ten (10) days before such meeting, and provided further, that such
amendment shall be submitted to the Board of Directors of Rotary International for its approval
and shall become effective only when so approved.
Societies
Societies in India were originally registered under Societies Registration Act 1860 (Act XXI of
1860) unless there is some local legislation in the State. The old Act (Act XXI of 1860) was
repealed in its application to West Bengal with effect from 1st April 1963. The old Act was
modelled after the Library and Scientific Institution Act 1854 of England. In West Bengal they are
now registered under the W.B. Societies Registration Act 1961 (West Bengal Act XXVII of 1961).
Any seven or more individuals associated with any of the objects—religious, charitable or literary,
prescribed under sub-section 2 of section 4 of the Act—form a society by filing with the Registrar
a Memorandum of Association and a copy of the Regulations.
The society so registered is neither a corporation nor a limited company incorporated under
the Companies Act. It is an independent registered association but not a partnership of
individuals which has acquired a legal status by virtue of its registration with the Registrar
appointed by the State Government under the provisions of the Societies Registration Act. It
enjoys the status of a legal entity apart from the members constituting the same. Every member
of a corporation or an incorporated company join the same on that basis. The majority of the
members is entitled to exercise its powers and control its operation generally. The same would be
the position in the case of unincorporated associations of individuals whether the same be
registered under the Societies Registration Act or not. The rule of majority is the normal basis of
these associations. The members join these associations whether incorporated or
unincorporated, whether registered or unregistered, knowing fully well that affairs of these
associations would be conducted normally by the vote of the majority of the members thereof. In
the absence of any specific rules and regulations governing the conduct of these affairs, this
would be normal presumption and no member who joins any association would be heard to
contend to the contrary. The properties belonging to any society vest in the trustees and in the
absence thereof are deemed to vest for the time being in the governing body.
* * * *
SOCIETIES REGISTRATION ACT XXVI OF 1961
Memorandum of Association
1. The name of the society shall be “…………… ”
2. The Registered Office of the society shall be situated at ………, ………………… in the State
of West Bengal.
3. The aims and objects of the society are as follows:
(a) To perpetuate the memory of …………
(b) To help and give relief to the poor and indigent and other deserving person or persons
by providing food, shelter, periodical distribution of cloth, medicine and money and
other necessities, also to provide books to deserving students and sanyasis and to
distribute alms in cash or kind annually out of the funds of the society.
(c) To give lessons and instructions on the Geeta, Bible, Koran and other religious
scriptures and arrange for and provide all suitable and necessary ways and means for
the daily worship and periodical festivals of ……… according to the wishes of ………
and offering of Puja and Bhoga to ……… and for observance of such other occasional
religious festivals at the Samadhi Mandir at ……………… as may be decided by the
society from time to time.
(d) To perpetuate, keep and maintain the aforesaid Samadhi Mandir and other premises
and the land attached thereto at ……… in good state and condition and make such
additions, alterations and repairs thereto as may be necessary.
(e) To construct, maintain, extend, alter, repair or improve any temple building and
premises that may be acquired by the Ashram. To undertake administration of any
religious or charitable institution or endowment, e.g. church, temple, math or others.
(f) To receive and collect any gifts, subscriptions and donations either in cash or in kind,
or acquire by any other lawful ways and means and spend the same in fulfilment of all
or any of the aims and objects of the society. The income and properties of the society
shall be applied solely for the promotion and fulfilment of the aims and objects of the
society, provided if any donor intends that his contributions, donation or subscription
shall be applied to the attainment of any particular object or objects of the Ashram,
such contribution, donation, subscription shall be spent towards the promotion of that
particular object or objects only.
(g) To acquire by purchase, take on lease, hire or by gift or otherwise and hold any
movable or movables and also any immovable property or properties or any rights or
privileges that may be deemed necessary or useful for the advancement of the objects
of the Ashram or any of them.
(h) To arrange and/or provide for the long-standing practice of annual observation of
…………… Utsava at the Samadhi Mandir of ………… at …………
(i) To do all such other lawful acts, deeds and things as are incidental and conductive to
the attainment of the objects or any of them.
(j) To manage and administer any orphanage, nursing home, hospital, library, reading
room, trust, school, college and other institution irrespective of caste, creed or social
status.
(k) To take over, absorb or amalgamate with any other society or association or institution
whose objects are similar to the objects of the society.
(l) To apply the income and properties of the society for the fulfilment of its objects and
not to pay any portion thereof by way of profit or dividend or bonus.
4. Without prejudice to the generality of the above objects and for effectively carrying out the
same the society shall have power to receive, hold and possess any property including securities
of any kind and to construct and maintain any building, to manage transfer or otherwise dispose
of or deal in any property of security and to enter into any contract for or in connection with the
purposes of the society to raise moneys and funds including debentures and to establish
provident fund or funds for the benefit of the employees of the society and to accept the
management of any trust or endowment in which the society may be interested. The society shall
have also the power to frame rules and bye-laws under its Constitution.
5. The management and control of the ……………… shall be in the hands of a Committee of
Management of the society to be elected annually by the Mantra Sishyas of …………… and shall
be carried on in accordance with the rules as may be framed or modified from time to time by the
said Committee of Management, whose names, addresses and descriptions are subscribed
hereunder:
The following persons shall be the members of the first governing body of the society:
Name Address Description
1. Sri ……………………… ………………………… President
2. ” ……………………… ………………………… Secretary
3. ” ……………………… ………………………… Treasurer
4. ” ……………………… ………………………… Assistant Secretary
5. ” ……………………… ………………………… ”
6. ” ……………………… ………………………… Member
7. ” ……………………… ………………………… ”
8. ” ……………………… ………………………… ”
9. ” ……………………… ………………………… ”
WITNESS:
…………………… Society
* * * *
Memorandum of Association
1. The name of the society is …………
2. The registered office of the society will be situated at No. ………… for the time being. The
said office may be removed to such other place or places as the COUNCIL OF PROMOTERS shall
think fit and proper from time to time. It may open and close any branch office or offices at any
other place or places as it may decide from time to time.
3. The objects for which the society is established are:
(i) To preach the Message of Jesus Christ, to hold meetings, Crusades and Campaigns,
to pioneer and support Gospel work in Virgin Areas, to print and publish religious
literature such as tracts, magazines, pamphlets, books and booklets.
(ii) To train workers for Gospel outreach, to support Christian workers, for the propagation
of the Gospel.
(iii) To co-operate with Christian Organisations or Associations in India and abroad to work
within the scope of the ‘India Evangelistic Crusade’.
(iv) To help local churches in the construction of Church and to administer the same and to
establish community halls and support social work through schools and orphanages
and to provide for stipends, scholarships, prizes, library, reading-room, lectures etc.,
and to provide and give medical relief and monetary help and shelter to poor and
deserving children. To administer any trust or endowment.
(v) The receive any sum or sums of money as gifts or donations in cash or kind or
subscriptions given to or acquired by any other means by the Crusade and to spend in
fulfilment of all or any of the objects of the Crusade.
(vi) To purchase or to acquire on lease or in exchange or hire or to acquire by gift or
otherwise and to hold and deal in whenever necessary in movable and immovable
property or any right or privilege that may be deemed necessary for the promotion and
advancement of the objects of the Crusade or any of them and to enter into any
contract or contracts and to execute such conveyance or conveyances as may be
necessary or required.
(vii) To borrow or raise money whenever necessary for some urgent and important work of
the Crusade or for its maintenance and uplift or for any other religious or charitable
purpose by the issue of or upon Bond, Promissory Notes, Debentures or other
securities or by mortgaging the property of the Crusade, or to meet other obligations as
may be determined by the Crusade from time to time. The value of such loan shall in
no case exceed half of the total value of the properties.
(viii) To do all such lawful things as are incidental or conducive to the attainment of the
above objects or any of them.
4. If upon the dissolution or winding-up of the society there remains after satisfaction of all
debts and liabilities any property whatsoever the same shall not be paid to or distributed among
the members of the society but shall be given or transferred to some other institution or
institutions having objects similar to those of the society to be determined by the votes of three-
fourths of the members of the society for the time being present personally at the time of
dissolution or in default thereof, by the court having jurisdiction in the matter.
5. No portion of the income and property of the society shall be paid, applied or transferred
directly or indirectly by way of dividends, bonus or otherwise howsoever by way of profit to any
member of the society or any person claiming through any of the members PROVIDED THAT
nothing hereto contained shall prevent the payment in good faith of remuneration or reward to
any officer, employee or servant of the society or any member of the society or other persons in
return for any service actually rendered to the society.
6. The management and control of the affairs of the society and/or of the branches of the
society shall be carried on in accordance with the Articles of Association of the society and/or the
rules and bye-laws and regulations framed by the COUNCIL OF PROMOTERS for the said purpose.
7. The names and addresses of members and office-bearers of the First Council of Promoters
are:
COUNCIL OF PROMOTERS
1. ................................................. President
2. ................................................. Secretary-cum-Treasurer
3. ................................................. Member
4. ................................................. Member
5. ................................................. Member
6. ................................................. Member
7. ................................................. Member
8. We the several persons whose names and addresses are subscribed hereto are
desirous of being formed into a society in pursuance of this Memorandum of Association
and under the provisions of the West Bengal Societies Registration Act 1961 (Act XXVI of
1961).
* * * *
Trade Union
FORM A
(Regulation 3)
Application for Registration of a Trade Union
Dated the ……… day of ………… 19………
1. We hereby apply for the registration of a trade union under the name of …………………
2. The address of the head office of the union is ………………
3. The union came into existence on the …………… day of …………… 19……… (and has on
its roll on the date of his application ………… members).
4. The union is a union of employers/workers engaged in the …..……… industry (or
profession).
5. The particulars required by s. 5(1)(c) of the Indian Trade Unions Act 1926, are given in
Schedule I.
6. The particulars given in Schedule II show the provision made in the rules for the matters
detailed in s. 6 of the Indian Trade Unions Act 1926.
7. (To be struck out in the case of unions which have not been in existence for one year before
the date of application). The particulars required by s. 5(2) of the Indian Trade Unions Act 1926,
are given in Schedule III.
8. We have been duly authorised to make this application by ……………
To
The Registrar of Trade Unions, West Bengal
SCHEDULE I
List of officers
SCHEDULE II
Reference to Rules
The numbers of the rules making provision for the several matters detailed in column 1 are
given in column 2 below:
1 2
Matter Number of Rules
Name of union
The whole of the objects for which the union has been
established
The whole of the purposes for which the general funds of the
union shall be applicable
The maintenance of a list of members
The facilities provided for the inspection of the list of members
by officers and members
The admission of ordinary members
The admission of honorary or temporary members
The conditions under which members are entitled to benefits
assured by the rules
The conditions under which fines or forfeitures can be
imposed or varied
The manner in which the rules shall be amended, varied or
rescinded
The manner in which members of the executive and the other
officers of the union shall be appointed and removed
The safe custody of the fund
The annual audit of the accounts
The facilities for the inspection of the account books by
officers and members
The manner in which the union may be dissolved
SCHEDULE III
(This need not be filled in if the union came into existence less than one year before the
date of application for registration) Statement of liabilities and assets on the ………… day
of ……… 19………
Liabilities Rs. P. Assets Rs P.
Amount of general fund Cash
Amount of political fund In hand of Treasurer
Debts due to
………………………… Loans to
………………………… ………………………
Total liabilities
Total assets
List of Securities
Particulars Nominal value Market value In hands of
Signed1 …………………………………
2 …………………………………
3 …………………………………
4 …………………………………
5 …………………………………
6 …………………………………
7 …………………………………
* * * *
* * * *