The name of the Club shall be the “FORT BEAUFORT COUNTRY CLUB” (hereinafter styled ‘the Club’)
Fort Beaufort shall be the headquarters of the Club.
The objects of the Club shall be :
To foster and promote the game of golf as played under the rules of the Royal and Ancient Club of St. Andrews and to provide facilities and other amenities therefor.
To provide facilities and other amenities for the playing of the games of cricket
To establish and provide amenities from time to time, as may be deemed fit, for the promotion and playing of any other game or sport, or the carting on of any activity conducive to the entertainment or well-being of the members, subject to such conditions as may be imposed.
To promote social intercourse and fellowship among sportsmen, through the medium of a clubhouse for the use of the members.
To do all things necessary to achieve the aforesaid objects.
In the pursuance of, but without limiting, the aforesaid objects the Club shall have the following powers:
To acquire by purchase, exchange, lease, sub-lease, donation or otherwise, movable and immovable property of all kinds, including land, stands and buildings and rights of all kinds.
To erect, construct, maintain, improve, alter, manage and control any buildings or other erections.
To sell, lease, mortgage, dispose of, give in exchange, turn to account, donate or otherwise deal with all or any part of the property and rights of the Club.
To fulfill all the usual objects of a Social and Sports Club, and to hold and arrange or conduct any social functions at any time and to provide refreshments for such functions and generally to buy and sell and deal in all kinds of provisions and refreshments, including wines, spirits and malt liquors; to buy sell and deal in any goods and movable property of all kinds, and to apply to the competent authorities for and to hold all licences that may be required from time to time in connection therewith.
To lay out as gardens for recreation, sporting and other purpose, land acquired or controlled by the Club.
To borrow or raise money in such a manner as the Club may think fit, and in particular by means of entrance fees, subscriptions, mortgage or notorial bonds, debentures, or other obligations or securities of the Club, and to secure the repayment of any money borrowed or raised or owing by either special or general mortgage upon the whole any part of the Club’s property, either movable or immovable, or upon any or all of the Club’s revenue or assets(whether present or future), and to give and grant to subscribers, mortgagees, debenture holders, or others, all such rights, benefits or privileges as the Club may deem fit from time to time, and at pleasure to revoke any such rights, benefits or privileges.
To lend money on any terms that may be thought fit, and to invest monies in any class of security.
To accept any gift, endowment or bequest made to or for the Club, and to carry out any trust allotted, stipulated or constituted in respect of any such gift, endowment or bequest.
To draw, make, accept, endorse, discount, execute and issue cheques, promissory notes, bills of exchange, debentures, perpetual or otherwise, or any kind of negotiable or transferable instruments; to open and operate upon any banking or savings account/s.
To found, inaugurate or promote sub-clubs and/or branches within the Club, and to grant to any such sub-clubs or branches any benefits or privileges which may be requisite or necessary and to enter into arrangements or contracts with any person, sub-club, branch or body for the promotion of sport or for the promotion of any other object of the Club and to dissolve such sub-clubs or branches or to withdraw any benefits or privileges as granted to them.
To charge any person/s or class of person/s or member or class of members for admission to all or any of the grounds or buildings or property or social functions of the Club, and to refuse admission to or expel from such grounds or buildings or property or social functions any person/s or class of person or member or class of member.
To enter into arrangements with any Government, Municipal, local or other authorities, or any corporations, companies or persons that may be conducive to the Club’s objects or purposes or any of them and to obtain from any such authorities, corporations, companies or persons any charters, contracts, decrees, rights, privileges and concessions, and to carry out, exercise and comply with the conditions attaching to any such charters, contracts, decrees, rights, privileges and concessions.
To subscribe for, take, purchase or otherwise acquire and hold shares or other securities of any company or institution through which the Club or any of its objects or purposes may be benefited or furthered, either directly or indirectly.
To act in any business, matters or affairs of the Club through or by means of agents, brokers or trustees.
To remunerate any person, firm or company rendering services to the Club and, in particular. Any employee of the Club.
To enter into any arrangement for the union of interests, co-operation, joint adventure, reciprocal concession, affiliation, sharing of profits or otherwise with any club, person, company institution or society.
To do all or any of the above things either as principals, agents, contractors, trustees, or otherwise and to do all such things as are incidental or conducive to the attainment of the above objects or any of them.
ORDINARY MEMBER – One who pays the full annual subscription and is entitled to all the privileges of the Club, including voting rights.
COUNTRY MEMBER – One who pays a lower annual subscription, who is entitled to all the privileges of the Club save voting rights. Such a member must be resident outside the magisterial districts of Fort Beaufort and Stockenstroom.
STUDENT MEMBER – One who is over the age of 18 years and who pays a lower annual subscription, who is entitled to all privileges of the Club save voting rights. Those attending universities. technicons or similar educational facilities, though ordinarily residents of either Fort Beaufort or Stockenstrrom magisterial districts. (added15/04/2009)
JUNIOR MEMBER – One who is under the age of 18 years and who pays a lower subscription, having only playing rights as laid down by the Club Committee. Upon attaining the age of 18 years, a junior shall be required to assume full membership but subject to the ballot procedure as prescribed in these rules.
TEMPORARY MEMBER – Any person who in terms of the Liquor Act is allowed the privileges of membership while engaged in any match or competition, or a bona-fide visitor to Fort Beaufort, or a bona-fide candidate for membership who may by resolution of the Club Committee be allowed such privileges of membership for a maximum of thirty days in any year, subject to the Liquor Act and conditions imposed by the Club Committee.
HONORARY LIFE MEMBER – On the recommendation of the Club Committee, Honorary Life Membership may be conferred at a General Meeting of the Club, upon any person who, in the opinion of the majority of members present, merits such distinction by reason of such person holding some public or other office or having conferred some special benefit upon the Club.
PENSIONER MEMBER – One who is over the age of 60 years and who pays 75% of the current subscription, who is entitled to all privileges of the Club, including voting rights.
UNDER 25 MEMBER – One who 24 years of age or younger and is no longer a student or scholar. who pays a lower annual subscription and is entitled to all privileges of the Club including voting rights, and ordinarily residents of either Fort Beaufort or Stockenstrrom magisterial districts. (added 18/4/2012)
All persons who are members in any class at the date of the adoption of this Constitution shall automatically become such members under this Constitution. The membership of the Club shall at all times be not less than thirty-five Ordinary members, and the Club Committee shall have the right to determine the maximum number of members from time to time.
The liability of the members of the Club is limited to the payment of any amount owing by them, to the Club, under these Rules.
Only Ordinary, Honorary Life and Pensioner members shall be eligible and entitled to vote at any General Meeting of the Club and each such member shall have one vote.
Membership of the Club does not and shall not give to any member of any class any right, title, interest, claim or demand in or to any of the monies, property or assets of the Club, but only confers upon such Member the right and privilege of entering in and upon the grounds and premises of the Club, and of using same in accordance with the use to which the same are devoted by the Club Committee , and subject to such restrictions and charges as the Club Committee may from time to time impose, and subject to the rules and bye-laws of the Club from time to time in force.
No profit from the sale of liquor by the Club shall accrue to any individual.
a) A member may on written application to and with the consent of the Club Committee transfer from one class of membership to another from a date and on condition fixed by such Committee, in its entire discretion, but subject to this Constitution.
b) The Club Committee shall have power to re-admit a member who has relinquished membership, on such terms and conditions as the Committee in its entire discretion shall determine in each case.
Any candidate for election as a member, other than an Honorary Life Member , shall complete an application in writing specifying such particulars as the Club Committee may from prescribe and must be proposed by one Ordinary member of the Club and seconded by another Ordinary Member, in writing, and the candidate’s full name, occupation and address, and the names of his proposer and seconder, shall be submitted to the Club Committee for approval and posted on the Club Notice Board for at least 14 days prior to election. Both proposer and seconder must ……/4
be members in good standing. No member shall propose or second or support by his signature a candidate not personally known to him. Applications shall be considered by the Club Committee at the next meeting held after the expiration of the period of 14 days mentioned above.
The election of members shall be by a secret ballot conducted at a meeting of the Club committee and no candidate shall be elected unless he receives the votes of not less than two-thirds of the members of the Committee present and voting. The club Committee shall not be obliged to give reasons for any decision relating to the application/s membership.
No rejected candidate shall be proposed again until the expiration of twelve months from the date of his last rejection.
If at any time after the election of the candidate it shall appear that he has been elected under misrepresentation as to identity or owing to any other misrepresentation, the Club Committee shall, within one month of such misrepresentation being ascertained, have the power to cancel his election. The member whose election is thus cancelled shall thereupon cease to be a member and shall have no claim whatsoever against the Club for damages, return of entrance fee or subscription or on any other grounds whatsoever, but the Club Committee shall be entitled to make such ex gratia refund of entrance fee or subscription as it may consider proper.
The Club Committee shall have the right to declare the membership list closed from time to time when in the opinion of the Committee the premises or amenities of the Club are unduly congested and in their discretion to raise such closure or under such circumstances to close, for any particular period or periods, the membership list in respect of any particular class or classes of members. Notwithstanding such closure, however, the Club Committee shall have the power to admit to membership any person who, in the opinion of the Committee, merits such preferential treatment.
All entrance fees and/or subscriptions shall be payable on application for membership.
The payment by or on behalf of a member of his subscription shall be an acknowledgement on the part of such a member that he is bound by the rules and regulations of the Club, and all the byelaws that have been or may hereafter be made by the Club Committee, and that he accepts the ruling of the Club Committee in all cases, and no person shall be absolved from the effects of the Constitution and rules on the plea of not having received a copy of them or any of them.
A bona fide candidate for membership shall be considered as a temporary member of the Club until such time as his candidature has been balloted upon.
The Executive Committee of the Club (hereinafter styled “the Committee” shall consist of:
President
Vice President
Secretary
Treasurer
Three Ordinary members of the Club.
It shall be competent , however, for the Club Committee at any time in its discretion, to vary, subsection a) 3 and 4 of this rule, in such a manner that the appointment of a full-time, paid Secretary and/or Treasurer may be made, in which case the word ‘Secretary’ in the sub-section a)3 and the word ‘Treasurer’ in sub-section a)4, shall be deemed to have been deleted.
The Chair at all Club Committee meetings shall be taken by the President of the Club, or failing him, by the Vice-President, or failing both, the members present shall elect one of their number
present, to be chairman of the meeting.
The Chairman shall have a casting vote as well as a deliberate vote.
The first Club Committee under this Constitution shall be appointed at the meeting at which the formal adoption of this Constitution takes place.
Except as provided in (e) above, all members of the Club Committee shall hold office until the next Annual General Meeting, but shall be eligible for re-election. …./5
Any casual vacancy occurring in the Club Committee shall forthwith be filled by that Committee by co-opting a member to fill such a vacancy. Such member shall retire at the next Annual General Meeting.
The Club Committee may grant leave of absence from meetings to its members for a period not exceeding six months. Any member of the Club Committee absenting himself from three consecutive meetings without leave of absence shall, ipso facto, cease to be a member thereof. The record of attendance at meetings of each member of the Club Committee during the year shall be reported to members at the Annual General Meeting.
At a Club Committee meeting, four(4) members shall be a quorum.
The Clun Committee shall meet at such times and as often as it thinks fit, but not less than once per month. Special meetings may be called by the Chairman, Secretary or at the request of three Committee members.
The entire management and control of the Club shall be vested in the club committee, and the Club Committee shall have full power and authority to do any acts, matter or things which could or might be done by the Club, except as otherwise specially provided in these rules, and without, in any way, limiting such powers and authorities, the club committee shall have the following powers:
To make, vary and repeal rules and regulations for carrying out the provisions contained in this Constitution, for the management of the affairs and the use of the premises of the Club by its members, and generally for all matters connected with the Club, provided that such rules and regulations do not conflict with the Constitution.
To acquire by purchase, lease, sub-lease or otherwise any movable or immovable property for the Club calculated to benefit the Club and to advance its objects.
To secure the fulfillment of any contracts or engagements entered into by the Club Committee by mortgage or charge of all or any part of the movable property of the Club or in such other manner and under such conditions as it may think fit.
To sell, alienate or otherwise dispose of any part or parts of the movable property of the Club as it may think most beneficial to the Club, and to apply the consideration arising there from as it may think most advantageous to the Club, but the Club Committee shall not have the power to dispose of the whole of the movable property of the Club unless such sale is ratified and confirmed by a resolution passed by a majority of not less than two-thirds of the members present at an Extraordinary Meeting of the Club called for that purpose.
To appoint and, at its discretion, remove or suspend such attorneys, agents, secretaries, officers, clerks and employees for permanent, temporary or special services, as it may think fit, and to invest them with such powers as it may think expedient, and to determine their duties and fix and vary their salaries or emoluments (if any), and to require security in such instances and to such amounts as it may think fit.
To institute, conduct, defend, compound or abandon any legal proceedings by and against the Club, or its officers or otherwise, concerning the affairs of the Club; and also to compound and allow time for payment or satisfaction of any debts due to the Club and of any claims or demands by the Club.
To refer any claim or demand by or against the club to arbitration, and to give effect to or refuse to give effect to the award.
To make and give receipts, releases and other discharges for monies payable to the Club, and for the claims and demands of the Club, and except where otherwise provided in these rules, such receipts shall be signed by the secretary or such person lawfully acting in place of such Secretary.
To open one or more banking and/or savings accounts in the name of the Club and to operate on and overdraw the same, and to draw, accept, endorse, make and execute bills of exchange, promissory notes, cheques and other negotiable instruments connected with the business of the Club. Such bills of exchange, cheques and other negotiable instruments shall be signed by any two signing officials designated from time to time by the Club Committee.
To invest and to deal with any monies of the Club not immediately required for the purposes of the Club upon such securities and on such terms as it may think fit, and from time to time may vary or realise such investments.
To borrow or raise money in such a manner as it may think fir and in particular by the debentures or debenture stock, upon such terms and conditions as it may think fit, and as security for any monies so borrowed or raised to mortgage, pledge or charge the whole or any part of the property, assets or revenue of the Club, present or future, upon such terms and conditions as it may think fit.
To negotiate, stipulate for grant and arrange reciprocity between the Club and any other Club or association.
To appoint sub-committees and to delegate to them all or any of the authorities by these presents conferred on the Club Committee and also the power to co-opt, and any such subcommittee shall have such powers as may be conferred on it at the time of it’s appointment, or thereafter, by the Club Committee, and shall be subject in all respects to such rules and regulations or instructions as may from time to time be framed or given by the Club Committee.
To grant consent to persons not members of any class to use the Club’s property or to enter the grounds or buildings used or owned by the Club upon such terms as it may think fit, or at it’s discretion, to refuse consent.
To hold supporting tournaments or social functions and to make any special arrangements therefor and to make and impose charges for entrance or admission to the Club’s grounds or property or elsewhere against any members of any class or classes or other persons on such occasions, or to set aside the Club’s grounds or premises or any part thereof for a limited time for any special purpose whatsoever.
To enter into contracts with clubs or outside bodies or associations for the promotion of sport and for any other purpose incidental to the Club’s objects.
To insure any property of the Club(either movable or immovable) against any risk whatsoever.
To apply for and renew from time to time such liquor and/or other licences that may necessary in or upon Club premises.
The powers of the Club Committee as set out in the preceding clauses of this article are expressly declared to be subject to the following restrictions:-
That the Club Committee shall not, unless the sanction of the members of the Club in General Meeting first had and obtained:
Enter upon or commit the Club to any one project or transaction calculated to involve the Club in an expenditure of a capital nature exceeding R15 000-00 or
Mortgage, pledge or otherwise encumber any portion of the movable property or assets of the Club for an amount exceeding R10 000-00
Sell, exchange or otherwise dispose of, in any one transaction, any portion of the movable property or assets of the Club in value exceeding R5000-00
Buy, sell, mortgage or otherwise alienate or charge any immovable property of the Club.
The Annual General Meeting of the members of the Club shall be held at such time and place as the Club Committee may determine but as soon as possible after the first day of March in each year but not later than the last day in May.
Notice of the date, time and place for the holding of the AGM and of any special business shall be posted by the Secretary upon the Club Notice Board and sent to members at least 14 days prior to such meeting. The omission to send by post any such notice to any member shall not invalidate the holding of the meeting, or the passing of any resolutions thereat.
Notice of any resolution to be proposed by a member at any AGM must be signed by at least two members having voting rights and lodged with the Secretary before the 14th day of February, and by him posted forthwith on the Notice Board of the Club and such resolution shall be incorporated in the notice convening the meeting.
The business to be conducted at an AGM shall be:
To confirm the Minutes of the previous Annual and/or Special General Meeting/s.
To receive and consider the Annual Report by the Club Committee on the affairs of the Club, and the Audited Statement of Accounts, for the preceding year.
To elect members to the Club Committee in terms of the Constitution.
To appoint an Auditor/s and, if necessary to fix his/their remuneration.
To elect Honorary Life Members, if any, in terms of the Constitution.
To deal with any special business submitted to the Meeting of which due notice has been given. Items a,b, c and d shall be regarded as ordinary business.
The Club Committee may at any time call an Extraordinary General Meeting of the Club on giving at least 14 days notice, specifying the object for which the meeting is called. The Club Committee shall, in like manner, call such meeting on receipt of a requisition signed by twenty members specifying the object for which such meeting is called, and, if a resolution is to be submitted to the meeting, the text of such a resolution. Subject to the powers of the Club Committee as stated in the next rule, no business other than that so specified, shall be transacted at such meeting, but any resolution or amendment strictly relating to such business may be submitted to the meeting. Five or more members may demand that the vote on a resolution so submitted to a meeting shall be taken by ballot.
The Club Committee may, at any meeting of members, bring forward any special business of which notice has been duly given.
All business that is to be transacted at an Extraordinary General Meeting and all that is to transacted at an Ordinary Meeting, other than ordinary business as defined in clause 23, shall be deemed special business.
The quorum for a General Meeting called by a requisition shall be twenty members and for all other General Meetings, fifteen members, provided that, should no quorum be present within thirty minutes of the time fixed for the meeting, the meeting shall, in the case of an Annual Meeting or Extraordinary Meeting called by the Club Committee, stand adjourned to the same place, day and hour in the following week, and at such adjourned meeting the members present shall be deemed to be a quorum for the transaction of all business of the meeting. In the case of an Extraordinary General Meeting called by requisition of members, if no quorum be present within thirty minutes of the time fixed for the meeting, it shall be finally dissolved.
The chair at all General Meetings shall be taken by the President of the Club Committee, or failing him, by the Vice-President or failing both, the members present shall elect one of the Club Committee, but in the absence of all members of the Club Committee, one of their number present at the meeting, to be Chairman of the meeting. Every question submitted to a meeting shall be decided, in the first instance, by a show of hands, the Chairman having a second or casting vote in case of an equality of votes, and unless a poll be demanded by at least five members, the declaration by the Chairman of the result of the voting shall be conclusive.
If a poll be demanded as aforesaid, it shall be taken in such a manner and at such time as the Chairman directs, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded, A demand for a poll may be withdrawn. On a show of hands every member present in person and entitled to vote shall have one vote, and upon a poll every member participating in person and entitled to a vote shall have one vote.
The Chairman of a General Meeting may, with the consent of the meeting, adjourn the same, from time to time, and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
General Club notices to members shall be posted on the Notice Board provided for that purpose in the Club’s premises, and notice so given shall be due notice to each member. Each member shall provide the Secretary with an address to which notices, other general Club notices, intended for him are to be sent. The Secretary should be promptly advised by each member should he change his address. Delivery of all notices, other than general club notices, to members shall be validly made if posted to the addresses furnished by them respectively. Should any member fail to provide an address in terms of this rule, special notices to such member shall be properly delivered if placed on the Club’s Notice Board.
Should any member fail to make payment of monies due to the Club (from whatever cause arising) after one month’s notice in writing shall have been by the Secretary to such member, or should any member, in opinion of the club Committee, commit any willful breach of the Constitution, Rules or Regulations of the Club, or, having been warned or notified by the Club Committee, willfully introduce on to the Club’s premises any person whose presence thereon, in the opinion of the club Committee, shall be prejudicial to the interests or reputation of the Club or objectionable to members, or should any member, in the opinion of the Club Committee, be guilty of conduct unbecoming to a gentleman or prejudicial to the interests or reputation of the Club, whether on the club’s premises
or outside .them or should any member, in the opinion of the club Committee, be guilty of conduct offensive to members of any class or to guests or to staff or to the Club Committee, the committee shall, after giving such a member a reasonable opportunity of disproving the alleged breach or of explaining or justifying his conduct have the power:
to reprimand and/or censure and/or caution and/or deprive such member of any or all rights, benefits, advantages or privileges of his membership, during such period as the Club Committee in its discretion may deem fit, or
to call upon such member, in writing through the Secretary, to resign and if he fails to resign within 14 days of the date of such request, to expel such member, who shall be ineligible for re-election, or
to expel such member, who shall be ineligible for re-election for a maximum of 5 years; Provided that the Club Committee may in its discretion re-instate any person whose membership of the Club ceased by reason of non-payment of monies due to the Club, upon payment of such monies, and provided further, that this clause shall not be construed as requiring the club to give notice that any payment (from any cause arising) is due by any member.
Any expelled member shall be eligible to re-apply for membership ( following clauses 12 – 18 of this constitution) after the specified period of expulsion.
A previously expelled member, who has successfully re-applied for membership, who then, in the opinion of the club Committee, becomes guilty of conduct offensive to members of any class or to guests or to staff or to the Club Committee, the committee shall, after giving such a member a reasonable opportunity of disproving the alleged breach or of explaining or justifying his conduct have the power to expel such a member, who shall then be ineligible for re-election.
Any member who shall have been expelled or shall have resigned, in terms of this clause, shall forthwith cease to hold any interest in the Club and shall forfeit any entrance fee or subscriptions he may have paid into the Club’s funds and shall forfeit any other rights or interest which he may have had in the assets of the club:
The decision of the Club Committee pursuant to Clause31 et seq shall be notified to such member by registered letter posted to his registered address.
A member suspended in terms of this Article shall not be relieved from liability to pay his subscription in respect of the period of suspension.
The quorum of a Meeting of the Club Committee called for the purpose of considering the suspension or expulsion of a member shall be six.
The decision of the Club Committee shall be arrived at by ballot and such member shall not be suspended or expelled except by the vote of not less than two-thirds of those present at the meeting.
It shall not be encumbent upon the Club Committee to state its reasons for such suspension or expulsion and no member shall have cause for legal action of alleged wrongful suspension or expulsion.
The powers and duties of the Club Committee relating to discipline shall not be delegated to any other sub-committee or body.
Members may introduce guests, in their company, to the Club’s premises, subject to the Constitution and Rules and Regulations of the Club, and/or of the particular sub-club in the activities of which the guest may or are to participate.
Members introducing guests shall inscribe their names in the Visitor’s Book immediately on arrival, and shall sign the entry.
No member shall introduce anyone to the Club’s premises who has been rejected as a member, or suspended or who has resigned when called upon by the Club Committee to do so in terms of Clause 30 or who has been expelled.
Nothing shall be supplied to guests except on the order and at the expense of a member. The admission of guests on the special social days or occasions shall be regulated by the Club Committee
No guest shall be introduced on more than four occasions in any one year.
Members are responsible for their guests’ conduct whilst on the premises and such guests have no membership privileges.
The conduct of any member or employee of the Club, or any other alleged cause for complaint, shall in no instance be made a personal reprimand by any member, but he must place such complaint in writing before the Club Committee.
There shall be a non- refundable entrance fee payable by members joining the Club the amountwhich will, from time to time, be decided by the members in a General meeting.
Subscriptions as determined by the Club Committee, with an annual increase of not more than 15%, shall be payable by the various classes of members of the Club, in addition to any subscriptions or fees required by any sub-clubs/sections of which such member is a member.
In addition to certain conditions of membership referred to elsewhere in these Rules, the following shall apply:
Save in the case of new members, annual subscriptions shall become due and payable on the 1st day of January in each year.
Subscriptions due by Temporary members are payable in advance.
Any member who has not paid his subscription to the Club within three months of the due date shall automatically cease to be a member; provided that the Club committee may in its discretion re-instate such member upon payment of subscriptions in arrears.
Members elected or rejoining after the first day of June in any year, shall not be require to pay the full annual subscription, but only 1/12th of the same for each remaining month, or part thereof, reckoned from the date of proposal to the end of the Club’s financial year (31st December).
The Club Committee may in its discretion, on application by a member, convert his class of membership to membership of any other class to which he is eligible, in which event, the member in question shall pay an additional amount required to bring his entrance fee and subscription to that of the class concerned.
Any member intending to resign his membership shall notify the Secretary in writing to that effect prior to the date upon which his next subscription becomes due, otherwise he shall be liable for payment of his subscription for the ensuing year, whether he has entered the Club premises or not.
The Club may sue or be sued in any Court of Law in its own name, and be represented in any legal proceedings by the Club Committee or any such person or persons delegated by the Club Committee for such purpose.
All powers of attorney, contracts and other documents executed or to be executed on behalf of the Club shall be signed by two members of the Club Committee duly authorized thereto by a resolution of the Club committee, or by one such member of the Club Committee and the secretary of the Club for the time being.
The club Committee and the secretary and all other officials of the Club are hereby indemnified out of and from the funds and property of the Club from and against all losses, charges, costs, damages and all and every other expense and liability they may incur or to be put to concerning or about the execution of their respective duties as officers of the club and none of them shall be held answerable for any act or default of the one or the other of them or for any deficiency or insufficiency of any title or security, nor shall they be liable for any loss occasioned by any bank or other person with whom monies or securities may be deposited or entrusted, nor for any involuntary loss, misfortune or damage which may happen or take place in the execution of their respective offices, or as a result thereof; provided, however, that in any such loss, misfortune or damage be not occasioned by the mala fide acts of such officer or through his willful default. …../11
Minutes shall be kept in books specially provided for the purpose:
of all resolutions and proceedings of General meetings and of Meetings of the Club Committee.
of the names of all members present at any such meetings; and
of all appointments made by the club Committee.
Any such minutes of any meetings of the club Committee and any extract therefrom if purporting to be signed by the Chairman of such meeting or by the Chairman of the next succeeding meeting shall be receivable as prima facie evidence of the matter stated in such minutes or extract.
The Club Committee shall cause true accounts to be kept of the sums of money received and expended by the Club, and the matters in respect of which such receipts and expenditure take place, and of the assets, credits and liabilities of the Club.
The Club’s financial year shall end on the last day of December each year.
At each Annual General Meeting the Club Committee shall lay before the Club a statement of the income and expenditure and a Balance Sheet containing particulars of the assets and liabilities of the Club made up to the last day of December in that year.
Every such Statement and Balance sheet shall be accompanied by a report of the Club Committee as to the state and condition of the Club. The Statement, Balance Sheet and report shall be signed by the Chairman of the Club Committee and counter-signed by the Secretary or by some duly authorized person acting as secretary.
a) Once at least in every year the accounts of the Club shall be examined and the correctness of the statement and Balance sheet before referred to shall be ascertained by an Auditor.
There shall be an Auditor whose duty it shall be to audit the books and accounts of the Club, and who shall hold office until such time as he resigns or is replaced by resolution of an Annual General Meeting of the club
No officer of the Club shall be eligible for the post of Auditor during the continuance of his office.
The Auditor shall be supplied with copies of the statement of income and expenditure and Balance Sheet intended to be placed before the AGM. The Auditor shall make a report to the members on the Balance sheet and accounts, and in every such report he shall state whether, in his opinion, the balance sheet is a full and fair Balance sheet containing the particulars required by these presents and properly drawn up so as to exhibit a true and correct view of the whole of the affairs of the Club and such report shall be laid before the AGM.
Every account of the Club, when audited and approved by an AGM, shall be deemed conclusively correct and shall not be reopened, but if an error is discovered within three months next after the approval thereof the account shall be forthwith corrected and shall thenceforth be deemed conclusively correct.
A copy of Rules and Regulations, and of any repeal or amendment thereto, or new rule effected from time to time, shall be made available to the members for inspection by way of the Notice Board or upon application to the Secretary.
All members shall communicate their addresses from time to time to the secretary who shall keep a Register of the names of the members and their addresses.
Payment for all refreshments or goods supplied to members must be made in cash at the time of supply and no credit shall be given under any circumstances.
All articles of glass or other effects broken or damaged by any member or his guests must be paid for by such member. . …./12
Any other rules and/or bye-laws of the Golf, Cricket, Bowls or any other sub-section shall not be in conflict with these presents and shall be subject to the approval of the committee of the Club. The internal control and management of the sub-sections will be vested in the committee elected by the active members thererof.
a) The Constitution may be altered by a resolution passed by not less than two-thirds of the persons present in person entitled to vote at a Special General meeting called for that purpose or at an AGM, provided, however, that no such resolution shall be passed unless 14 days’ written notice of the intention to consider any such resolution is given to the members in writing prior to the date of such Special General meeting, or AGM. Such notice shall clearly set forth the nature of the resolution to be considered and not less than fifteen members shall be personally present at any such Special general Meeting or AGM. But if at any Special general meeting properly called as aforesaid the requisite quorum shall not be present, the meeting shall stand adjourned to the same day, time and place in the next following week and special notice of the adjourned meeting shall be given by the Secretary and at such adjourned meeting any members present shall be deemed to be a quorum, and shall have full power to act, and the decisions of the majority present in person at such adjourned meeting shall bind the majority. The accidental omission to send any notice to any member shall not invalidate the meeting.
Except so far as a Special General Meeting shall otherwise determine, the Club Committee shall be the Liquidators of the Club whenever it shall be liquidated or wound up or re-constructed.
If the Club shall be wound up and assets available for distribution be more than sufficient to repay the liabilities of the club, the surplus assets and/or funds shall be distributed by members resolution passed by not less than two-thirds of the persons present in person and entitled to vote at a Special General meeting; provided, however, that not less than thirty days notice of the special general meeting to consider such question of distribution shall be given and that such notice shall clearly set forth the objects of the Special General Meeting and provided further, that not less than nine members shall be personally present at any such Special General Meeting.
a) In case of doubt as to the meaning or interpretation of the Constitution and rules and regulations of the Club the Club Committee shall be the final arbiter and its decision shall be binding upon the members.
b) Where the context in any of the foregoing Rules so requires, the masculine gender shall be deemed to include the feminine and the singular shall be deemed to include the plural.
Should the Legislature at any further time further amend or repeal and/or re-enact the liquor Act of 1928, insofar as it effects Clubs, such amendment or amendments, repeal and/or re-enactments shall be deemed to be incorporated in these rules and shall prevail if in conflict therewith.
