1. The name of the Company is "THE BOAT HOUSE CLUB LIMITED".
2. The Registered Office of the Company will be situated in Uttaranchal at Nainital (Amended on 26-5-2001)
3. The objects for which the Company is established are :—
(i) To take over from the Nainital Club Limited through Mr. James Stephens the building known as Boat House together with its furniture and fittings and other accessories.
(ii) To afford to its membes all the usual privileges, advantages, conveniences and accommodation of a Club and to promote social and literary enjoyments of the members and others,
(iii) To acquire by purchase or lease or otherwise suitable lands, buildings, rights, privileges, furniture and other effects for the purpose of the club.
(iv) To construct, alter and maintain any buildings acquired or used by or for the club.
(v) To improve, manage, develop, sell, transfer, lease out, mortgage or otherwise dispose of any property or effects of the club.
(vi) To invest monies belonging to the Club which may not be immediately required for the objects of the club in such manner as may be determined by the Committee.
(vii) From time to time to borrow monies which may be required for the purpose of the Club on security of the Club's property or otherwise or by taking loans or issuing debentures.
(viii) To purchase wines, spirits and other stores and to sell the same to the Members or visitors of the Club.
(ix) To distribute any of the property of the Company amongst the members in specie or kind.
(x) To amalgamate with any Club or Clubs having objects altogether or in part, similar to those of this Club.
(xi) To create any depreciation fund, reserve fund for repairing, improving, extending or maintaining any of the property of the Club.
(xii) To pay all the costs, charges and expenses incidental to the promotion, formation, registration and establishment of the Club.
(xiii) To draw, accept and make and to endorse, discount and negotiate cheques and drafts.
(xiv) To do all such other acts as may be deemed expedient and conducive to the attainment of the objects of the Company.
4. The income and property of the company whensoever derived, shall be applied solely towards the promotion of the objects of the Company as set forth in this Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever, by way of profit to the Members of the Club, or to any person, claiming through them or any of them. Provided that nothing herein contained shall prevent in good faith payment of remuneration to any officers or servants of the Company, or to any members thereof or other person, in return for any services actually rendered to the company, nor prevent the payment of interest at a rate not exceeding 6 percent, on money borrowed from any member of the Company.
5. The liability of the members is limited.
6. If upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any properties whatsoever, the same shall be paid to or distributed among the Members of the Club in equal shares (excluding Temporary Members). (Amended on 16-06-78)
7. Every member of the Company undertakes to contribute to the assets of the Company, in the event of the same being wound up during the time that he is a member, or within one year afterwards, for payment of the debts and liabilities of the Company contracted before the time at which he ceases to be a member, and of the costs, charges and expenses of winding up the same, and for the adjustment of the rights of the contributories among themselves, such amount as may be required not exceeding Rs. 50/- (Fifty).
We the several persons whose names and addresses are subscribed are desirous of being formed into an Association in pursuance of the Memorandum of Association.
Names, description and addresses Witnesses of subscribers
1. Sri E.M. Sontin
President, Kanpur Development Board
Civil Lines,Kanpur
2. Sri B. N. Jha,
Chief Secretary, U.P. Govt.,
Lucknow
3. Sri P.A. Gopalkrishanan,
Finance Secretary, Govt. of U.P.
Lucknow.
4. Sri P.S. Humm,
Dental Surgeon,
Lucknow.
5. Sri A. J. C. Richardson,
Nainital.
6. Sri K.M. Wilcox,
Chartered Accountant, Kanpur Club,
Kanpur.
7. Sri P.L. Tondon,
Registered Accountant, Ailenganj,
Kanpur.
8. Sri L. Craighton,
Chartered Accountant, Civil Lines,
Kanpur.
Dated :
1. In these Articles, unless there be something in the subject, or context inconsistent therewith, the words "The Club", means "The Boat House Club Limited", incorporated under the Indian Companies Act of 1913 as a Limited Company of Association formed for purposes not of gain.
2. "Member" means a member of the Club either admitted or elected as hereinafter provided, but does not include a visiting member or a temporary member. No one under 21 years of age shall be eligible for permanent membership. (Amended on 29-06-91)
2. (a) The word HE shall include SHE, whenever the context so requires in the Article of Association.
(Amended on 29-06-91)
3. The “Committee" means the Managing Committee and the "Secretary" means the Honorary Secretary or in his absence the Hony. Joint Secretary for the time being of the Club. (Amended on 12-06-99)
3. (a) "Act" means "Companies Act, 1956". (Added on 05-07-61)
4. The Club shall consist of a maximum number of 3500 members. The Managing Committee should ensure that the limit of the members is maintained. It may take an exception in the case of dependents conversion to Permanent Membership and Service Members if required. However, no vacancy shall be available for new members as long as the total membership exceeds 3500. In any Financial year number of new members should not exceed 50 (excluding exceptions). No new members should be made between 15th May and 30th June in any year. The outstanding Membership applications of Dependent Members up to 28-9-2012 to be cleared one time during 2012-13 taking it as exception. After that 50% quota is reserved for Dependents each year for new Membership. If 50% Dependents are not there then other category of Members can be taken in their place. (Amended on 29-09-12)
5. (a) The Managing Committee may invite distinguished persons having national recognition to become Patrons of the Club and it may also invite persons to become Honorary Members of the Club but the number of Honorary Members shall not exceed firve (5). Patrons and Honorary members will be entitled to all the privileges and rights of the members but shall not be liable for any subscription nor have any obligation/entitlement in the event of liquidation nor will be entitled to vote in the election of the members of the Managing Committee. However they may be coopted as a member of the Managing Committee. (Amended on 12-06-99)
5. (a) (i) Deleted on 12-06-99
5. (b) Deleted on 12-06-99
5. (c) The members of the Club shall consist of :—
(i)
(Amended on 16-06-78)
5. (c) (ii)
5. (c) (iii)
1. Class I and Class II Gazetted Officers of Central and State Governments.
2. Commissioned Officers of the Indian Defence Forces.
3. Staff of educational institutions i.e. Lecturers and above in the University, Principals of Government Intermediate Colleges or above or equivalent recognized educational institutions.
4. Officers of National Undertakings of State and Central Governments of the rank equivalent to Class I and Class II gazetted officers. (Amended on 21-09-2002)
5. (d)
5. (e) SENIOR CITIZEN : A senior citizen aged 65 years or above will be required to pay 50% of the permanent membership fee as entry fee, if elected for the permanent membership on his application in the prescribed form duly proposed and seconded for the purpose. Hereafter the Senior citizens who are members of the club will be required to pay 50% of the annual subscription in future, other charges such as card fee etc. will be payable by them as applicable to other members.
Those Senior Citizens who has completed 80 years of age will not be charged annual subscription.
(Added on 04-10-13)
5. (f)
(Amended on 22-06-2013)
6. A candidate of any category of membership mentioned in article 5 except as a visiting member, shall have to apply in a form prescribed in article 15. The application shall be proposed by a member of at least 15 years standing and seconded by a member of at least 10 years standing. Thereafter the application will be referred to a screening committee appointed by the Managing committee. The screening committee will have seven members, two from Managing committee and five other permanent members of at least 15 years standing. The members of screening committee will not be proposer and seconder of any candidate. The screening committee will ensure that the applicant fulfills the qualification laid down for membership. An expelled member or any candidate whose application for membership has been rejected, will not be considered for membership untill one full year has elapsed. Every such complete application shall be kept into a candidate's book to be copied by the Secretary which shall at reasonable times be open for inspection by members of the club.
(Amended on 26-05-2001)
7. The Screening Committee will also function as balloting committee. However if the Managing Committee disagrees with the recommendations of the Screening Committee it shall refer it back to the screening committee with its objections for its reconsideration. however if the screening committee still sticks to its recommendation then the Managing Committee will be bound to accept it.
(Amended on 12-06-99)
8. If a Ballot Box is used and if the total number of balls in the box does not agree with the number of persons voting who shall before casting their votes, sign the paper or the register placed before the Ballot Box, the Ballot shall be declared invalid and the secretary may arrange a second ballot where ballot has been invalidated by the aforesaid reason.
9. Any candidate for dependent/permanent/Service membership will not to be allowed to use the club in anticipation of his/her membership pending the declaration of the result of his/her election.
(Amended on 22-06-96)
10. The name of a candidate for election shall not be withdrawn except upon his own written request or that of his Proposer or Seconder.
11. If the Ballot Box is used for election of Permanent Member it shall be kept in the Honorary Secretary's Office till the results of ballot are announced.
(Amended on 23-10-69)
12. If upon voice voting or on opening of the Ballot Box, as the case may be, it shall appear that the candidate has been duly elected, the Secretary shall notify the fact to him in writing and shall forward to him a copy of the Club's Memorandum and Articles of Association requiring him to sign necessary declaration as provided in article of Association of the Club and as prescribed by the rules framed by the Committee and if he has not paid his Entrance fee along with his Annual Subscription at the time of making his application, to request him to do so within a period to be fixed by the Honorary Secretary and to sign a declaration in the following form : (Amended on 23-10-69)
I...........................................................................of....................................................................having applied for being elected
to be member of the Boat House Club Ltd., Nainital and having been so elected, agree with the Boat House Club Ltd. to abide by its Memorandum and Articles of Association and also to abide by all Rules and regulations formed by its Committee to enter my name in the Register of its Permanent Members and further agree that I accept the liability that may be imposed on me as a Permanent Member under Clause 7 of the Memorandum of Association of the Boat House Club Ltd. Nainital.
Dated this.....................................day of...........................200.....
Signature
(Form amended on 07-10-71)
13. If a candidate is not elected the fact shall be recorded by the Secretary in a book kept for the purpose and the Secretary shall inform his Proposer of his non-election. Particulars of the voting are confidential and shall not be disclosed by those who open the Ballot Box for permanent membership.
14. Deleted on 05-10-60.
15. (a) The entrance fee for permanent membership will be Rs. 2,50,000/- subject to change if so desired at any subsequent Annual General Meeting.
The retired Government servants from Government of India and State Government residing in Nainital district shall pay 40% of the permanent membership fee provided they are getting pension of Rs. 6000/- or more per month.
In addition to the above amount every applicant shall deposit Rs. 5000/- as security money which will be refundable provided he has cleared all the dues of the Club.
(Amended on 23-06-12)
15. (b) Service member shall pay an entrane fee of 25% of the permanent membership. The Service member shall cease his/her membership at the time of transfer from Nainital, Municipal Board area and cantonment area, Nainital, or expiry of three years after his/her being enrolled as a service member whichever is earlier. Within this period if he/she is willing to be permanent member he/she shall have to pay 25% additional fee of the permanent membership as conversion charges.
(Amended on 26-05-2001)
15. (c) Lady members Deleted on 22-06-96.
15. (d) A widow or widower of erstwhile member shall be admitted as a member without payment of any entrance fee provided she or he pays liabilities of the deceased member. In the event of the said widow or widower remarrying, her/his right as a member of the club shall cease with effect from the date of such re-marriage. Spouses of such permanent members will be entitled to all amenities and rights including right of vote to which their member husband/wife were entitled to.
DEPENDENT means the son and the daughter of a permanent member upto the age of 21 years. The dependent member can become permanent member in between the age of 21 years to 30 years provided his/her father has completed 7 years membership of the club and his application is cleared from the screening committee on payment of 10% of the entrance fee of the permanent member. All permanent members whose dependent has completed 12 years of age will obtain a dependent card of his/her dependent on one time payment of Rs. 1000/-. The dependent who has not obtained the above mentioned dependent card shall not be considered for the permanent membership.
The Club shall maintain a permanent register of the dependent specifying the details which shall be open for inspection by members at all reasonable times. (Amended on 29-09-12)
16. The Managing Committee at any time and from time to time may determine, increase, reduce, alter, modify or vary the rates of service charge and fees for the use of Club facilities of Card-room, Billiard, Library, N.T.Y.C. etc. or for participating in activities, entertainment or any other amenity provided by the Club. (The Annual and monthly subscription can be changed only when approved in the Annual General Meeting).
(Amended on 29-06-91)
17. Members shall not be allowed any credit facility. All dues are to be paid monthly. Every year the bill for the annual subscription for the current financial year will be realized and sent to the members in the beginning of the financial year i.e. in the month of April. If the dues including the Annual Subscription are not paid by the end of the financial year i.e. 31st March, the Honorary Secretary will send the bill of the Annual Subscription for the current financial year along with the previous year's dues to the member through registered post at the address of the member or members given by him/them in their application form and request the members to clear all the dues within six months i.e. by 30th September. If the dues are not paid by 30th September, the Honorary Secretary will issue a notice by ordinary post to such members having dues more than Rs. 4000/- and again request them to clear the dues within one month from the date of issue of the notice. If dues are not received by 31st October, the names of such member/members shall be posted on the Club Notice Board and shall cease to be members of the Club and thereby forfeit all rights and privileges of or claim upon the club or its property, but shall remain liable to the extent of his/their guarantee under the Memorandun of Association for one year from the date of ceasure. The name of such member/members shall be struck off from the list of the members after the expiration of one year from the date of his/their ceasure, provided no satisfactory replies are received. A member/members whose name(s) has/have been struck off from the list of the members may represent within one year to the Managing Committee for restoration of his/their membership and the Managing Committee after satisfying itself, in its discretion may restore the membership of such member/members on payment of Annual Subscription and other dues along with restoration fee which will be 25% of the total membership fee payable at that particular time. Such member/members in addition to the above dues/charges shall also be liable to pay other dues/charges and arrears payable by other members at that time. Postal charges of registration will be paid by the member. (Amended on 29-9-2012)
18. Any person paying a visit to Nainital may on being proposed by a Founder or Permanent Member be admitted by the Committee or by a Sub-Committee appointed for the purpose as a Visiting Member or temporary member, on payment of Monthly or Daily Subscription at rates as laid down in its byelaws. The proposer shall be responsible for all debts due to the Club by a visitor or temporary member and Members of the Committee are absolved from this liability. A list of temporary members shall be maintained and their entry into the Club shall be regulated by Identity cards. However in the month of May and June the number of Temporary members is restricted to maximum of 50. (Amended on 29-09-12)
19. Permanent Members, Founder Members and Service Members shall have the right to vote. They shall also have the privilege of enjoying reciprocal arrangements with any other Club which has affiliation with the Boat House Club Ltd. Nainital.
(Amended on 21-09-2002)
19. (a) Deleted on 21-9-2002
20. Any member who may have been dismissed from service on the charge of bribery, embezzlement or involving any kind of moral turpitude or who may have been declared insolvent by a Court of Law shall cease to be a Member of the Club. No person who at the time of making an application for Membership of the Club has been convicted on any of the above charges or is standing trial for any of the aforesaid charges or is an undischarged insolvent or may have taken benefit of any of the insolvency laws of the country, shall be admitted as a member of the Club by the Committee of Management, No member of the Committee shall propose or second any proposal form for Membership.
(Amended on 05-07-61 and 07-10-71)
21. All visiting and temporary members shall ascertain whether they are in debt to the Club for subscriptions or supplies or otherwise and must settle their account before leaving Nainital.
(Amended on 29-06-91)
Any such member not paying his bill within the calendar month in which it is sent to him shall be charged Rs. 2/- for each hundred or part of a hundred rupees owing to the Club per month for each month the amount remains unpaid (figure "2/-" substituted on 7-10-71). A warning notice to this effect will be sent to the member's last known address on the 20th of the month.
22. DELETED ON 26-05-2001.
23. If the ceased member under the preceding articles after his name has been struck off from the list of members represents within one year and satisfies the committee, the committee in its discretion may restore his name to the register of members on payment of annual subscription, postal and correspondence charges and all other arrears and dues. Incase, the ceased member whose name has been struck off form the list of members represents and applies for restoration of his membeship after the lapse of aforesaid period provided for representation and the managing committee decides to restore his membership, he will have to pay restoration charges which will be 25% of the total membership fees payable at the particular time in addition to other dues, charges and arrears payable by him on the date of his ceasing to be a member and thereafter. (Amended on 12-06-99)
24. Founder Members, Permanent Members, Service Members, Lady Members (Not Temporary Members) may introduce guests to the Club subject to byelaws and following conditions :—
(i) Members will be responsible for the action of their guests.
(ii) An expelled Member or a black-balled Member shall not be introduced as a guest. A Member who has ceased to be a Member under Article 17 for non-payment of Club dues shall not be introduced as a guest.
(iii) No guest can be introduced for more than 4 days in a month, irrespective of the change in host.
(iv) Guest Fee as may be fixed from time to time will be chared from the host.
(v) Dependants and Temporary Members cannot introduce guests. (Amendd on 16-06-78)
(vi) The Managing Committee can inpose any restriction on the use of any facilities of the Club by temporary members and their guests.
(vii) The use of the Club facilities such as cards, Billiards and bar by temporary members and guests of permanent members will be at sole discretion of the Managing Committee who may exercise their right collectively or delegate to one or more members of the Managing Committee. (Amended on 29-06-91)
25. A member shall cease to be a Member of the Club in any of the following ways :—
(i) By his or her being adjudged insolvent by a competent court.
(ii) By his her being dismissed from Service for any moral charge.
(iii) By his or her being found guilty by a competent Court involving gross misconduct including moral turpitude.
(iv) In case the conduct of a member or his/her family members or his or her guest was not in the interest of the Club in the opinion of the majority of Members present at the meeting of the Managing Committee specially summoned to consider the case and was injurious to the character and interest of the Club. If it is found that particulars given in his/her application for the membership were wrong in any way. in such cases procedure laid down in Article 26 shall be followed.
(v) Resignation. A member may resign Membership of the Club by notifying the Secretary in writing to that effect. Such Member's membership and liability to further subscription will only terminate with the expiry of 30 days of the receipt of such notice by the Secretary. In case of terminated member under (iv) above, the membership will be terminated by resignation or expulsion as the case may be. Such member has a right to refer the dispute to arbitration under the Arbitration Act. In case of (ii) above no person who has been dismissed from the public service can become or continue as a Member of the Club unless re-instated. Any member so dismissed shall cease to be a Member of the Club. But on re-instatement can be reelected a member and if re-elected will not have to pay a second admission fee.
(Amended on 29-06-91)
26. If the Managing committee finds the conduct of a member, his wife, his dependent or his guest in any way dishonourable or detrimental to the Club, the Committee will give him an opportunity to explain such conduct and should the explanation of the Member be unsatisfactory, ask him to resign. If he fails to resign or invokes the provisions of the Indian Arbitration act within a period of 15 days of the intimation by the Managing Committee that his explanation was not acceptable to the Committee and they demand his resignation within 15 days of the receipt of the notice under Article 26 of the Article of Association, The Committee will be fully empowered to expel him without assigning any further reason or time whatsoever.
27. A Member aggrieved by the decision of the Managing Committee may request the President to refer the matter to Arbitration. This reference shall be provided in the Arbiration Act. The award of the Arbitration will be final and binding on the Club as well as the Member concerned.
(Amended on 16-06-78)
28. If any temporaty member or his/her dependent taken into the Club behaves obnoxiously and their conduct is found to be detrimental to the interest of the Club in any way, the Hony-Secretary or in his absence Hony. Joint Secretary may call upon him/her to stop using the Club after giving him/her an opportunity to explain the conduct and instituting any enquiry if deemed necessary. if found guilty, the temporary membership shall be terminated after consulting other members of the Managing Committee. Any deposit in excess of the dues payable by him/her shall be refunded
(Amended on 29-06-91)
29. The Management of the Club shall vest in a Managing Committee consisting of 9 members elected at the Annual General Meeting to be held between 14th and 26th June each year. The nine elected members shall co-opt four other members of the club. The elected members of the Managing Committee will co-opt the Commodore of N.T.Y.C. and one senior citizen member of at least 20 years membership. The Commissioner and the District Magistrate posted at Nainital during their tenure in office shall be co-opted as members of the Managing Committee and shall be ex-officio President and Vice-President of the Club. The Managing Committee immediately after the election and before co-option of any members shall elect an Honorary Secretary and two Honorary Joint Secretary of the Club for supervising day to day working of the Club. (Amended on 29-09-2012)
30. The Managing Committee may elect a President and two Vice-Presidents. The President so elected shall preside over the Annual and Extraordinary General Meeting of the Club if he be present. In his absence the first Vice-President shall take the Chair and if the first Vice-President is also not present then the second Vice-President shall take the chair and in case all of them are absent the Members present in the meeting may elect a Member to preside over the meeting. For a meeting of the Managing Committee four Members of the Committee shall form a quorum and all questions shall be decided by a majority of votes, each Member of the Committee having one vote and the President presiding over the meeting shall likewse have one vote but shall be entitled exercise a casting vote in case of equality of votes. Vacancies occurring in the Managing Committee during the period of its office shall be filled by the Committee by co-opeting any Permanent Member. (Amended on 07-10-71)
31. The Committee meeting shall usually be held in Nainital, but the Managing Committee may meet at other places at the Committee Member's own expenses during winter months when the Club is closed. The Committee of Management shall also have a right to decide any matter by circulating the proposal to its Members.
(Amended on 07-10-71)
32. The Committee shall be the governing body of the said Club and in addition to the powers and authorities by statute or by these articles expressly conferred upon them, may exercise all such powers and do all such acts and things as shall be by statute or these Articles of Association, directed or authorised to be done by the Club as a Company limited by guarantee, and which are not by these Articles or by statue expressly directed to be done by the Club, or General Meeting, but nevertheless subject, as to such acts and things are not regulated by statute or by these Articles of Association to such regulations and directions as may from time to time be determined upon or given at any Ordinary of Extraordinary General Meeting of the club, Provided that no such regulations or drection shall invalidate any prior act of the Committee which would have been valid if the regulation or direction had not been made or given.
33. In furtherance and not in limitation of and without prejudice to the general powers conferred by or implied in Article 32, it is hereby expressly declared that the Committee shall be entrusted with and exercise and perform the following powers and duties :—
(a) Generally to purchase, to take on lease or in exchange or hire or otherwise acquire for the purpose of the said club any movable or immoveable property, and in particular lands, buildings, furniture, club and household effects, wines stores, utensils, books newspapers, periodicals, musical instruments, fittings, apparatus, appliances, conveniences and accommodation, and so far as the law may from time to time allow, to sell, device, let, mortgage, or dispose off movable assets which are not in a condition to be of use to the Club, Bulk purchases shall be made for goods as provisions, wines, cutlery, crockery, cards etc. costing more than Rs. 1 lac in a year after inviting tenders, from at least three suppliers and after accepting lowest reasonable quotation. Proper stocks register, bills and invoices shall be kept for all purchases made for the club.
(b) To borrow or raise money in such manner as the committee may think fit, and in particular, by issue debentures or debenture-stock, perpetual or otherwise, charged upon any of the club property both present or future including the sums not called upon the guarantee of each member, or by issue of bills of or exchange, promissory notes or other obligation or securities of the club or by mortgage or of change of all or an of the property or assets of the Club. Provided always that the committee shall not borrow or raise any such loan at any one time of any sum exceeding Rs. 50000/- without the sanction of 2/3rd of those members present in general meeting voting in person.
(c) To take or lease any building for the purpose of the Club.
(d) To enter into such contracts and do all such acts and things as they think expedient for the purpose of the said Club and subject to the regulations contained in these Articles, to dispose of the funds of the said Club for the promotion of the objects thereof, and to invest the funds in such securities as they may think fit.
(e) To make and frame generl rules or by-laws relating to the internal economy and general management of the Club, such as rates of subscription of visitors, the prices of refreshments, the hours of using the Club and general discipline and decorum of Club members and visitors and regulations of social functions on the regulations of social functions on the premises so as not to cause inconvenience to other member. Such rules or byelaws shall be posted in the Club-house and shall be binding on the members in the same way as if they had been contained in these Articles of Association, and until other rules or bye-laws are prescribed, made or framed by the Committee, those bye-laws should be the bye-laws of the Club.
(f) To make donations for purpose of promoting social and sports activities Rs. 5,000/- and a further Rs. 5,000/- during natural calamities will be ceilling of each committee of management.
(Amended on 22-06-96)
(g) For construction and addition in the building of the club, the managing Committee will engage a licenced Architect to prepare the design and estimate for the above works. It will be placed before the Annual General Meeting for approval. The Managing Committee may undertake essential works upto the cost of Rs. One lac in a financial year at their discretion.
(Added on 26-05-2001)
34. The committee may hold an ordinary meeting every month and as many times oftener as they may think necessary and shall keep a Minute Book in which the proceedings of the meetings shall be recorded and signed by the President and they shall cause proper books of accounts to be kept by the Club staff. Notice of such meeting is to be given usually three days before the date fixed to all members except in case of an emergent meeting when only members present in Nainital nee be informed as early as it may be possible to do so.
"Club Staff" for purpose of this Articles shall always mean the Administrative Officer and all officials under him. (Amended on 29-06-91)
35. The Committee shall be elected by ballot with the following provisions:—
(a) Only Founder Members and Permanent Members having 10 (Ten) years standing as a member of the Club shall be eligible for Election to the Managing Committee.
(Amended on 29-09-2012)
(b) The Committee shall be elected by ballot at the Annual General Meeting and there shall be no election if the number of candidates does not exceed the vacancies to be filled for the time being in which event the candidate or candidates shall be declared duly elected (Effective from the Election) to be held in June 2014)
(Amended on 04-10-2013)
(c) No Member who is in default in regard to Club dues shall have a right to contest the election or cast his vote unless he had paid all the bills presented to him by the Club before the date of the Meeting. This disqualification will stand removed if the Member concerned pays off his dues even during the continuance of the Meeting. Any payment made by cheque shall not be considered a payment until it is encashed and the amount credited to the Club account.
(Amended on 29-06-91)
(d) A candidate for election willing to withdraw can do so upto 4 days before the A.G.M.
(Amended on 04-10-2013)
(e) The Secretary will ascertain the names of Members willing to serve on the Committee by 1st June or by such Date as the Managing Committee may decide. The Annual General Meeting in which election is held may cease doing any other work till the period of polling for which the meeting may fix such number of hours or days as in its opinion would be sufficient to allow maximum number of Members to exercise their franchise. The meeting will resume its work soon after the period fixed by it for cast of ballot has expired. The counting of votes will then be taken up in hand and the result of election declared. Thereafter remaining business shall then be taken up by the meeting.
(f) The Election to the Managing Committee shall be held in the Annual General Meeting of the Club and the Election shall be supervised by the President of the Club should he not be a candidate for election and in case the President of the Club be not present to supervise the election or is a candidate for election himself then by the first or second Vice-President of the Club, if he or they be not candidates for election or by any other members of the Managing Committee who is not a candidate for the Committee of Management. In case all outgoing Members are candidates then the Managing Committee shall appoint a Returning Officer before the commencement of the election. Any dispute arising during the election shall be referred for the immediate decision of the President if he be present or in case the President of the Meeting is also a candidate and a Returning Officer has been appointed before the election then to the Returning Officer. The decision of the President or Returning Officer as the case may be, shall in all cases be final.
(g) Members entitled to vote shall obtain a "No Dues" certificate from the Office. The No-Dues Certificate will be issued only to the member concerned on identification and to no one else. The Member will append his signatures to the No Dues Certificate.
The Presiding Officer will obtain the Member's signature on membership list when the No Dues certificate is presented to him and ballot paper will be issued only if the signatures tally.
(h) The membership of a person elected to the Committee of Management shall cease in Accordance with Indian Companies Act and also under the following conditions :—
(i) If a member loses his membership of the Club.
(ii) If a member fails to attend three consecutive regular meetings of the Managing Committee unless on grounds of ill-health or absence outside India.
(Amended or clauses added on 28-04-62, 23-10-69, 07-10-71 and 16-06-78)
36. The Committee may elect a member or Members of the Club to be Honorary Secretary and Honorary Joint Secretary who may look after the correspondence, exercise the authority of the Committee in regard to appointment of Staff and discipline of the Club and shall sign all cheques and receipts subject to such limitation as the Committee of Management may deem fit to impose on them. The Honorary Joint Secretary if appointed shall be eligible to perform any of the aforesaid duties only when the Honorary Secretary is absent or delegates such of his powers to the Honorary Joint Secretary as he may deem fit.
37. The Managing Committee may appoint a suitable person as Administrative Officer for the Club and may enter with him into a contract with regard to his service. The Administrative Officer so appointed shall be responsible for proper upkeep and maintenance of the movable and immovable proprities of the Club. Any loss or damage to Club property or stock shall be immediately reported by him to the Hony. Secretary or in his absence to the Hony. Joint Secretary for suitable action. He shall check and verify the stocks and properties when taking over and handing over his charge and at the end of each financial year of the club. He shall be responsible for maintaining discipline and allotting duties of the Club Staff under him. He shall perform other such duties as may be required from him by the Managing Committee or by the Hony. Secretary and in the absence of the Hony. Secretary by the Hony. Joint Secretary. To assist A.O. a suitable regular employee be promoted as A.A.O.
(Amended on 29-09-2012)
38. The Committee may appoint one or more Sub-Committee to carry on and supervise any branch of the concerns of the Club and every such Sub-Committee shall exercise such authority and perform such duties as are delegated to it by the Managing Committee, the latter, however, will remain responsible for all acts of all Sub-Committees.
39. Nainital Yacht Club which is a branch and unit of the Boat House club Ltd., shall be under financial control of the Boat House Club, but however, be permitted to elect its own sub-committee shall be known as Nainital Yacht Club, Sub-Committee, but the Honorary Secretary shall be an ex-officio Member of that Sub-Committee. The Nainital Yacht Club shall have full freedom to elect or nominate its own office bearers but shall not allow any person other than a Member of the Boat House Club Ltd., to become its Member. No teenager or a dependent member shall be allowed to hold any Office in the Nainital Yacht Club. Nainital Yacht Club shall be at liberty to frame its own Rules and Regulations but shall frame no such rule without the previous approval of the Committee of Management as may burden the Club with financial responsibilities. While the boatmen shall be the employees of the yacht owners, the main Club shall provide a Bo'sun to the Yacht Club. The Bo'sun so provided and the yachtmen (Boatmen) shall be under disciplinary control of the Boat House Club Ltd., and shall be liable to be suspended and dismissed by the Honorary Secretary of the Boat House Club Ltd. or by the Managing Committee as the case of appointment of a Bo'sun the Hony. Secretary or the Committee of Management as the case may be, may consult the ruling Commodore of the Nainital Yacht Club about the desirability of a person to be so appointed.
40. A resolution in writing, signed by all the Committee Members shall be as valid and effectual as if it has been passed at a Meeting of the Committee duly called and constituted.
41. The Annual General Meeting shall be held each year between the 14th and 26th June in the Club Premises in Nainital. (Amended on 29-06-91)
42. No resolution involving the Club in any pecuniary liability shall be moved at the General Meeting unless at least twentyone days notice of such resolution has been given to the Club Secretary in writing. Any such notice shall be posted by the Club Secretary on the Notice Board of the Club House as soon as may be after receipt.
43. The date and hour of a General Meeting shall be published by the Committee by notice put on the Notice Board of the Club House twentyone days before the date of such Meeting.
44. During the period between April 15th and October 15th the Committee may of their own motion and shall on requisition of ten members call an Extraordinary General Meeting. Notice of such call and objects thereof shall be sent to each member at his registered address twenty one days before such meeting.
45. No existing Article or rule shall be modified or rescinded and no new Article or rule shall be made except in accordance with the provisions of the Indian Companies Act 1956, but this does not apply to rules and Bye-laws made or framed by the Committee under Article 33.
46. No subject which has been decided at any General or Extraordinary General Meeting shall be brought forward again within a period less than 51 weeks, except that which concerns the winding up or dissolution of the Club.
47. Each Founder and Permanent Member and Service Member present at a General Meeting shall be entitled to one vote. (Amended on 29-06-91)
48. The President of Committee or failing him the Vice-President if present at a General Meeting, shall take the chair, Otherwise the Members present shall elect one of their members to be Chairman for the meeting.
49. Thirty Members present will constitute a quorum for Annual General Meeting and Extraordinary General Meeting. (Amended on 29-06-91)
50. (a) Every question submitted to the Meeting shall be decided in the first instance by show of hands. If a poll is not demanded a declaration by the Chairman that resolution has been carried or lost, and entry to that effect in the book of proceedings shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.
(b) If a poll is demanded by at least five Members it shall be taken either by open voting or by ballot as the Chairman may direct and at such time as the Chairman may direct.
(c) In case of any equality of votes, whether on a show of hands or on a poll, the Chairman shall be entitled to a second or casting vote.
51. A General Meeting may be adjourned to another day by chairman of the Meeting, or by the Managing Committee, if a quorum be not present, and no Chairman has consequently been elected.
52. The minutes of each Meeting shall be recorded in Minute Book to be kept for the purpose, and shall be signed by the Chairman of the Meeting.
53. (a) A notice may be served upon any member either personally or by sending it through the post to his registered address, and no member who has failed to register his address shall be entitled to receive any notice, nor shall any proceedings of the Club in General Meeting or of the Managing Committee be affected or nullified by the fact that Notice has not been served on any such member.
(b) If a member leaves no address the Club shall be deemed to be in the know of his last known address.
(c) Any notice sent by post shall be deemed to have been served at the time when the letter containing the same could be delivered in the ordinary course of the post, and in proving such notice, it shall be sufficient to prove that the letter containing the notice, was properly addressed and posted.
VII ACCOUNTS
54. The Committee shall couse true accounts book e.g. Day Book, Cash Book, Ledger, Stock Registers, Cheque registers be kept for all sums of money and stocks received, all and every kind of expenditure and payments made, receipts and invoices received so that correct position of assets, credit and liabilities of the Club be known at any time.
(Amended on 29-06-91)
55. The books of account shall be kept at the Registered Office of the Club or at such other place as the Committee may think fit; and subject to any reasonable restriction as to time and manner of inspecting the same that may be imposed by the Committee, shall be open to the inspection of Permanent Members.
56. At the Anual General Meeting the Committee shall lay before the Club a Profit and Loss Account and the Balance Sheet containing a summary of the property and liabilities of the Club. Every such Balance Sheet shall be accompanied by a Report of the Committee as to the state and condition of the Club, and the accounts, report and Balance Sheet shall be signed by at least two members of the Committee and countersigned by the Secretary. Copies of such account, Balance Sheet and report shall be exhibited on the Notice Board at the Club at least twentyone clear days previous to the Meeting and a copy also be sent at least twentyone days before the date of Meeting to every Member of the Club who has registered his address with the Secretary in the manner in which the notices are directed to be served.
The following lists will be exhibited on the Club Notice Board prior to the Annual General Meeting:—
i) Details of bad debts written off.
ii) List of defaulters.
iii) List of Members of the Committee of Management who were in arrears for more than Rs. 500/- at any time. (Amended on 29-06-91)
iv) Number of meetings attended by each Member of the Managing Committee.
57. (a) Once at least in every year the accounts of the Club be examined and the correctness of the Balance Sheet ascertained by one or more auditors.
(b) The Auditors shall be appointed by the members of the said Club. If one auditor only be appointed, all the provisions herein contained relating to auditors shall apply to him.
(c) The auditors or auditor may be members of the said Club. No person is eligible as auditors who is interested, otherwise than a member, in any transaction of the said Club Association; and no member of the Committee or other officer of the Club is eligible during his continuance in office.
(d) The remuneration of the auditors or auditor shall be fixed by the members.
(e) Any auditor shall be eligible for re-appointment on his quiting office.
(f) If any casual vacancy occurs in the office of auditor the Committee shall forthwith appoint an auditor to fill the vacancy.
(g) Every auditor shall be supplied with a copy of the Balance Sheet, and it shall be his duty to examine the same with the accounts and vouchers relating thereto. It shall be his duty to give fullest information of the Accounts, Stocks, Income and Expenditure and that the Stocks have been personally checked and verified by the Auditors.
(h) Every auditor shall have a list delivered to him of all books kept by the said Club. And shall at all reasonable times have access to the books and accounts of the Club. He may at expense of the Club, employ accountants or other persons to assist him in investigating such accounts and he may in relation to such accounts examine any Member of the Committee or any other Officer of the Club.
58. These regulations shall be printed, and a copy of them shall be delivered or sent to every Founder and Permanent Member after his election, but no member shall be absolved from their effect on any allegation of not having received them or ignorance of their contents. As payment of subscription will entitle the member to enjoy the benefits of the Club such payment shall be his direct acknowledgement of, and acquiescence in the existing regulations or such other regulations as may from time to time be framed by constituted authority.
59. The Committee of Management may from time to time alter the Club Byelaws as provided in Article 33 and Article 45.
(Amended on 16-06-78)