RULES
of the CAERPHILLY SOCIAL CLUB AND INSTITUTE LIMITED
1. Name and Objects
The society (hereinafter called "the
Club") shall be called the CAERPHILLY SOCIAL
CLUB AND INSTITUTE LIMITED. Its objects are to carry
on the business of a club by providing for the use
of its members, the means of social intercourse, mutual
helpfulness, mental and moral improvement, rational
recreation and the other advantages of a club.
2.
Registered Office
Its registered office shall be at
44, Castle Street, Caerphilly, Glam.
Notice of any change in the situation of the registered
office shall be sent by the secretary within 14 days
thereafter to the Registrar of Friendly Societies
in manner and form provided by the Treasury regulations.
3.
Seal of the Club
The club shall have its name engraven
in legible characters upon a seal, which shall bear
the device of a circle having the word "Limited"
in the centre and the remaining words of the name
of the club in the margin. The seal shall be in the
custody of the secretary, or such other officer as
the committee appoint, and shall be used only under
the authority of a resolution of the committee, the
date whereof shall be mentioned on the instrument
to which the seal is attached, and shall be attested
by the signatures of two members of the committee
and the secretary.
4.
Use of Name
The registered name of the club shall
be kept painted or affixed on the outside of every
office or place in which the business of the club
is carried on, in a conspicuous position, in letters
easily legible and shall be engraven in legible characters
on its seal, and shall be engraven in legible characters
in all business letters notices, advertisements, and
other official publications of the club and in all
bills of exchange, promissory notes, endorsements
cheque, and orders for money or goods, purporting
to be signed by or on behalf of the club, and in all
bills, invoices, receipts and letters of credit of
the club.
5.
Powers
The Club shall have full power to
do all things necessary or expedient for the accomplishment
of all objects specified in its rules, including the
power to purchase, hold, sell, mortgage, rent, lease,
or sub-lease, lands of any tenure, and to erect, lease,
sub-lease, pull down, repair, alter, or otherwise
deal with any building thereon.
6.
Shares
Shares shall not be withdrawable
or transferable and shall be of the value of 10p
No member shall hold more than one
share, and no interest or dividend shall be paid upon
it. A member shall forfeit his share on ceasing from
whatever cause to be a member.
7. Admission
of Members
A candidate for election must sign
an application for membership and deposit the full
amount payable for one share. The amount deposited
shall be returned to the member in the event of non-acceptance
as a member. The candidate must be proposed and seconded
by two financial members, able from personal knowledge
to vouch for his respectability and fitness to be
a member, and must sign such (if any) declaration
of his concurrence with, and adherence to, the purposes
of the club as shall be required by the committee.
The election shall be by the committee, and no candidate
shall be elected who is under 18 years of age. The
name and address of the candidate, with the names
of his proposer and seconder, shall be prominently
displayed in the principal club premises in a part
frequented by the members, for at least seven days
before the day on which his name is submitted for
election. Every member on election shall be supplied
with a copy of the rules, at such charge not exceeding
10p as the committee may determine from time to time.
8. Membership
of the Union
The club may such fully paid share
or shares in the Working Men's Club and Institute
Union Limited, (hereinafter referred to as "the
Union") in order that each member of the club
may be entitled to all the privileges of the Union,
subject to its rules. A person on becoming a member
of the club shall be supplied with an Associate Card
on payment of 5p or such sum as shall be the prevailing
rates charged by the Union, and with a Pass Card from
time to time for any period for which he has paid
his subscription on payment of the prevailing rate
charged by the Union
9. Admission
of Associates
So long only as the club shall hold
a share in the Union all Associates of the Union shall
subject to the following provisions of this rule be
admitted to the club premises and intoxicating liquor
may be supplied to them by or on behalf of the club
for consumption on the premises. An Associate before
being admitted to the club must produce his subscription
card (showing that his current subscription to his
club has been paid), the Associate Card of the Union
and the current Pass Card issued by the Union, and
must write his name and that of his club in the Union
Associate Book, to be kept for that purpose. The doorkeeper
or other appointed official shall compare the signature
in the book with that on the Associate Card, and on
being satisfied that the signatures correspond shall
admit the Associate. Associates shall have the same
rights and privileges and be subject to the same rules
and bye-laws as ordinary members, except that they
must not vote at any meeting of the club, take books
out of the library or take away intoxicating liquor
for consumption off the premises. The committee may
refuse admission to such times and parts of the premises
as they think fit in the interests of the club. Notice
of such limitations shall be sent to the Union General
Secretary. No associate of the Union shall be admitted
to the club unless his subscription shall have been
paid in advance for the month in which he seeks admission
to the club.
10.
Subscriptions
Every member shall pay to the funds
of the club a subscription which shall become due
as soon as he is elected to membership and may not
be paid until he is so elected. The subscription must
be paid before the member is entitled to any of the
privileges of the club. The rate of subscription shall
be £1 per year payable on the first day of January
in each year. Subscriptions will not be accepted on
Sundays or any evening after 9 p.m.
11. Arrears
of Subscriptions
Any member who has not paid his subscription 28 days
after it has become due shall be considered in arrear,
and if it is not paid within 28 days thereafter he
shall cease to be a member. No member in arrear shall
be permitted to use the club, or be considered a financial
member for the purposes of these rules.
The committee, on receiving information that any member
is unable to pay his subscription owing to want of
work or other good causes, may, at it’s discretion,
excuse payment of such member’s subscription for such
period as they think fit and the member shall not
forfeit the privileges of membership.
12. Register
of Members
The club shall keep at its registered
office a register of members in which the secretary
shall enter the following particulars:
(a) The names and addresses of the
members;
(b) a statement of the number of
shares held by each member and of the amount paid
or agreed to be considered as paid on the shares of
each member;
(c) a statement of other property
in the club, whether in loans, deposits or otherwise,
held by each member;
(d) the date at which each person
was entered in the register as a member, and the date
at which any person ceased to be a member;
(e) the names and addresses of the
officers of the club, with the offices held by them
respectively and the dates on which they assumed office.
For the purpose of this rule "an
officer" includes every member of the managing
committee.
The club shall so construct the register
of members that it is possible to open to inspection
the particulars entered therein mentioned in paragraphs
(a), (d) and (e) hereof without so opening to inspection
the other particulars entered therein.
Every member shall, within 14 days,
give notice to the secretary of any change in his
address.
13.
Cessation of Membership
Members shall cease to be members:
(a) By non-payment of subscription.
Any person whose membership has ceased from this cause
shall not again be nominated to membership unless
he pays all arrears due from him at the time of his
ceasing to be a member and such other additional fee
or fine as the committee may in it’s discretion determine.
(b) By expulsion.
(c) By resignation.
(d) By death.
14. Misconduct
of Members
The secretary or president shall
have power to order the withdrawal from the club premises
of any member who misconducts himself, and such members
shall have no right of re-entry to the club premises
until summoned to meet the committee, as provided
in Rule 15. If the next ordinary meeting of the committee
be within less than three days, such member may claim
to be before them, and to have his case dealt with
waiving the length of notice required by the said
Rule 15.
15.
Expulsion of Members
The committee shall have power to
reprimand, suspend (for a period not exceeding 12
months) or expel any member who shall infringe any
rule or by-law, or whose conduct, whether within the
club-house, or elsewhere, shall in their opinion,
render him unfit for membership; but no member, unless
convicted of an offence by a court of summary jurisdiction
or other court, shall be reprimanded, suspended or
expelled without being first summoned before the committee
and full opportunity afforded to him to advance a
defense nor unless two-thirds at least of the members
of the managing committee then present and entitles
to vote shall vote for his suspension of expulsion.
Every member so summoned shall (unless he shall elect
to waive his fight to receive notice) receive at least
three clear days notice in writing from the secretary.
Such notice shall contain a statement of the charge
brought against him. A suspended member shall not
be entitled to use the club premises nor to attend
any general meeting nor vote at any election nor hold
any office during suspension but shall remain liable
to pay his subscription.
16. Right of
Appeal
A member suspended or expelled shall
have the right to appeal to the Executive of the Union,
or to persons appointed by them, who shall be deemed
arbitrators appointed by the club. No appeal shall
be heard unless made within 28 and in writing, addressed
to the General Secretary of the Union, together with
a deposit of 50p, the disposition of which shall be
at the discretion of the arbitrators.
The arbitrators, or a majority of
them, shall have full power to alter or rescind such
suspension or expulsion as they may think fit, and
may order the costs of the arbitration to be borne
by either party or by both parties in such proportions
as they think fit, and there shall be no appeal from
their decision.
17. General
Meetings
Ordinary Meetings
(1) The ordinary general meetings
shall be held in March and September on dates to be
fixed by the committee. The meeting held in March
shall be the annual general meeting. At least seven
day's notice of every ordinary general meeting, with
a copy of the agenda, shall be posted in the club.
The business of the annual general
meeting shall be to receive the account or accounts
and balance sheet or balance sheets as audited, and
the report of the auditor on the revenue account or
accounts and balance sheet and to consider such other
business as may be submitted by the committee or any
motion to be proposed by a member of which at least
five days' notice has been given to the secretary
in writing. On receipt of such notice the secretary
shall add it to the agenda posted in the club. At
the annual meeting a report for the year shall be
presented by the committee.
The auditor shall be entitled to attend any general
meeting of the club and to receive all notices of
and other communications relating to any general meeting
which any member of the club is entitled to receive
and to be heard at any meeting which he attends on
any part of the business of the meeting which concerns
him as auditor.
Special Meetings
(2) A special meeting shall be called by the secretary
in the following cases:
(a) Upon the direction of the committee, and in accordance
with such direction.
(b) On a requisition signed by one-fifth
of the total number of members entitled to attend
and vote at a general meeting or 30 such members,
whichever is the less, stating the special object
thereof. Such meeting shall be held within not less
then 14 and not more than 21 days from the date of
the receipt by the secretary of the requisition.
Notice to be Given
(3) Notice of any special meeting,
and of the object for which it is called, shall be
posted by the secretary in the club at least 10 days
prior to the date of the meeting. Should the secretary
not convene a special meeting in manner required hereby
with 10 clear days after a duly signed requisition
has been delivered to him, any of the requistionists
may call such a meeting, giving such notice as is
provided by this rule.
Business
(4) No business other than that named
in the notice shall be brought before a special meeting.
Quorum
(5) A general meeting may proceed
to business if 10 members are present within an hour
after the time fixed for the meeting, otherwise the
meeting, if convened on the requisition of the members,
shall be dissolved, but if a meeting convened by order
of the committee, it shall stand adjourned to the
week following, at the same time, and the meeting
so adjourned may proceed to business whatever be the
number of members present. No meeting shall become
incompetent to transact business from the want of
a quorum arising after the chair has been taken.
Adjournment
(6) Any general meeting duly constituted,
may adjourn to such time as the members present direct,
and may continue any such adjournment from time to
time. No business shall be brought on at any adjourned
meeting which could not have been transacted at the
original meeting.
Voting
(7) Each member present shall be
entitled to one vote on each motion.
18. Rules
Supply
(1) The secretary shall be supplied
by the committee with copies of the rules and shall
be bound to deliver a copy to any person, on demand,
on such payment (not exceeding 10p) as the committee
may from time to time determine.
Amendment
(2) These rules may be amended only
at a general meeting called for that purpose. Notice
of any proposed amendment shall be posted in the club
for at least 14 clear days previous to the meeting
to which the amendment is to be submitted. Any amendment
shall require the votes of at least two-thirds of
the members present at such meeting. No amendment
of rules is valid until registered in accordance with
the Industrial and Provident Societies Acts.
Written notice of any amendment of
rules must be given by the Secretary to the Chief
Officer of Police and to the Clerk of the Local Authority
within 28 days of the registration of the amendment
in accordance with the said Acts.
By-Laws
(3) The committee shall have power
to make such by-laws as it may consider necessary
for the good government and order of the club, provided
that no such by-laws shall conflict with any of the
rules. A copy of all such by-laws shall be posted
in a conspicuous place in the clubhouse.
19.
Committee
Powers of Committee
(1) The managing committee shall
consist of the president, vice-president, treasurer,
and 12 committee men, all of whom shall be above the
age of 21.
The committee shall control the management of the
club and shall have exclusive power to engage or dismiss
a steward and other servants. It shall have power
to purchase such articles and do all such things as
it may deem necessary for the carrying out of the
objects of the club. It shall have due regard to any
resolution or recommendation of any general meeting,
but shall not be bound to give effect to the same
if in its judgment such action would be injurious
to the best interests of the club. Nothing in these
rules shall enable the committee to declare any dividend
or make any monetary grants to the members, or to
apply the clubs funds, except for the purposes of
the club itself, and for the purposes specified in
Rule 26. The committee shall meet not less than once
a month or as may be agreed from time to time, by
the committee and not less than one half of the total
of the committee shall form a quorum. No resolution
of the committee shall be rescinded unless notice
to rescind has been given at the previous meeting
of the committee.
Retirement, Vacation, or Cessation
of Membership
(2) Any committeeman not attending
for three consecutive meetings shall, unless he send
an explanation which the committee consider satisfactory,
cease to be a committeeman. Any committeeman or officer
who shall cease to be a member, or who is suspended
under Rule 15, or who shall cease membership of the
club by any reason shall vacate his seat. Any committeeman
resigning his position before completing the term
for which he was elected shall not again be nominated
as a committeeman for a period of two years from the
date of his resignation, except in the case of a committeeman
who resigns to contest a vacancy for another position.
Any vacancy so occurring, or by any other cause, shall
be filled by the committee, or in such other manner
as the committee may decide
Removal or Resignation
(3) The committee, or any member
or members thereof, may be removed by the votes of
two thirds of the members present at a special general
meeting called for that purpose. In the event of the
removal or the resignation of the whole or the majority
of the committee, the secretary shall obtain nominations
and appoint scrutineers and arrange for holding a
ballot. Three days shall be allowed for nominations
and the ballot shall be held on three successive days
within the following seven days. The result shall
be declared by the scrutineers by notice posted in
the club.
Finance Committee
The committee shall, at the first
meeting following each election, select a sub-committee,
to be called the Finance Committee. It shall consist
of three committeemen and any officers who may be
appointed by the committee. It shall be the duty of
the Finance Committee to take record of the stock
of goods on the first convenient day in each month,
either by themselves or by an agent duly appointed
by the managing committee for that purpose, check
all demands for payment with the order book, and with
the delivery notes and invoices, and to report to
the whole committee whether such stock vouches the
correctness of the returns made by the steward, and
whether the demands are in order and correct. It shall
see that vouchers are produced by the secretary for
all payment made by him or by order of the committee,
and it shall report at each committee meeting whether
the secretary's cash book has been duly made up, and
that the amount there shown as standing to the credit
of the club appears also in the statement of the bank
with which the current drawing account is kept in
the name of the club. These books, duly made up to
date, shall be laid upon the table at each committee
meeting. The proceedings of the Finance Committee
shall be recorded by the secretary in a minute book
kept for that purpose. All cheques drawn upon the
club's account shall be signed by at least one member
of the Finance Committee and the secretary.
The Finance Committee shall have
the power to give orders for such goods to be supplied
and work to be done as may be necessary for carrying
out the purposes of the club; but nothing in this
rule shall empower the committee to incur expenditure,
except such as is consistent with the purposes for
which the club is established.
Orders
No officer or committeeman of the
club shall by virtue of his appointment, have power
to order or dispose of the funds of the club. No goods
or labour shall be supplied, nor any contract entered
into for work to be done for the club, nor any office
of salary, profit or remuneration, held by any member
of the committee, nor shall any honoraria be paid
to committeemen, unless authorised by a general meeting.
20. Officers
(1) The club shall have the following
officers: A president, vice-president, and secretary
who shall also act as treasurer. The president shall
be elected by ballot at the elections held each year
following the annual meeting and shall remain in office
for two years or until their successor is appointed.
The vice-president shall be elected by ballot at the
elections held each year following the annual meeting
and shall remain in office until their successor is
appointed. The secretary shall be elected by ballot
and shall remain in office during the pleasure of
the club.
Any of the officers shall be removable
at any time provided two-thirds of the members present
at a special meeting called for that purpose shall
vote in favour of such removal.
In the event of a vacancy arising
amongst the officers by death, resignation, or other
cause apart from suspension or expulsion the vacancy
shall be filled, the committee having power to appoint
a member to fill the vacancy until the next election
of committeemen. Any officer shall vacate his office
if suspended from membership under Rule 15 or upon
ceasing membership from any cause. Any change in the
office of secretary must be notified by the president
or secretary within 42 days to the Magistrates Clerk.
The officers of the club shall receive
such honorarium, if any, or in the case of the secretary
such salary, as the committee or a general meeting
may from time to time determine. Every officer dealing
with club moneys shall be insured with a recognised
guarantee society for the due performance of his duties
in such sum as the committee or a general meeting
may determine.
The President
(2) The president, or in his absence,
the vice-president, or in the absence of both such
officers, an elected chairman shall take the chair
at all general meetings and managing committee meetings
of the club, and in the event of an equality of voting
at managing committee meetings shall have an additional
or casting vote.
Secretary
(3) The secretary shall act as treasurer
and shall pay all moneys received by the club from
any source whatever, without any deduction for any
purpose whatever, to the credit of an account opened
in the name of the club at such bank and in such manner
as the committee may direct, and further, shall keep
such accounts and pay such debts of the club as the
committee shall direct, and shall, when required to
do so, render to the committee, or a general meeting,
an account of any moneys received and expended by
him.
General Duties
(4) The secretary shall be the executive
officer of the club. He shall keep upon the club premises
a register of the names and addresses of the club
members and a subscription book, in which shall be
recorded the payments of such members. He shall carry
out the directions of the committee, and subject to
such directions, shall receive moneys on account of
the club, and pay them to the treasurer; and keep
such accounts as the committee may direct. He shall
attend all meetings of the committee and Finance Committee
or any other sub-committee if so directed, take minutes
of the proceedings, prepare accounts and balance sheets,
and submit them to the auditor.
21.
Annual Return to Registrar
(1) The secretary shall send to the
Registrar once in every year, not later than the 31st
March, an annual return relating to the club's affairs
for the period required by the Industrial and Provident
Societies Acts, to be included in the return, together
with a copy of the report of the auditor on the club's
accounts for the period included in the return and
a copy of each balance sheet made during that period,
and of any report of the auditor on that balance sheet.
The annual return shall be made up for the period
beginning with the date to which the club's last annual
return was made up, and ending with the date of the
last balance sheet published by the club before 31st
March in the following year, or if the date of that
balance sheet is earlier than 31st August or later
than 31st January, with 31st December. The annual
return must be made in the form prescribed by the
Chief Registrar, and contain such particulars as may
from time to time be required by the return.
Copies to Members
(2) A copy of the last annual return,
together with a copy of the report of the auditor
on the accounts and balance sheet contained in the
return shall be supplied gratuitously on demand to
every member or person interested in the funds of
the club.
Balance Sheet
(3) A copy of the account or accounts
and balance sheets covering the period included in
an annual return, as audited, and the report of the
auditor on the balance sheet and accounts shall be
posted in the registered office and shall be kept
always hung up in a conspicuous place at the said
office.
22. Inspection
of Books
Any member or person having an interest
in the club funds may at all reasonable times inspect
all books and accounts including the particulars in
the register of members except those mentioned in
paragraphs (b) and (c) of Rule 12 at the registered
office or any place where they are kept, and it shall
be the duty of the secretary to produce them for inspection;
but no person, unless an officer of the club or specially
authorised by a resolution thereof, may inspect the
loan or deposit account of any other member without
his written consent.
23.
Borrowing Powers
(1) The club shall have power to
borrow money for the purposes of the club, and to
issue loan stock and to secure the repayment of any
money borrowed by mortgaging or charging any of its
property, provided that the amount of money borrowed
for the time being remaining undischarged shall not
exceed £90,000 and that the interest paid or to be
paid in respect of any money borrowed (except money
borrowed by way of bank over-draft, or by way of mortgage
of the club's premises) shall not exceed 5 per cent
per annum, or 1 per cent per annum above Co-operative
Bank Limited base lending rate, whichever is the greater.
(2) Subject to the provisions relating
to loan stock contained in the next following rule,
the committee shall have power to determine from time
to time the terms and conditions upon which money
is borrowed or loan stock is issued and to vary such
terms and conditions.
Deposits
(3) The club may receive any sums
of money within the total limit mentioned in Section
(1) of this rule from members or others on deposit,
repayable on such notice being not less than 14 clear
days, as they arrange from time to time, provided
that such deposits shall be received in installments
of not more than £2 in any one payment, or more than
£50 in all from any one depositor.
24.
Loan Stock
(1) The following provisions shall
apply to the loan stock referred to in the preceding
rule:
(a) Loan stock shall be issued in
multiples of £1 and shall be transferable as hereinafter
provided;
(b) Application for loan stock shall
be made in such form as the committee may determine,
which shall contain a statement of the terms and conditions
of issue of the loan stock;
(c) Payment may be made for loan
stock by installment or otherwise;
(d) Interest shall be payable thereon
half-yearly at such rate as may have been agreed not
exceeding the rate mentioned in the preceding rule;
(e) Loan stock shall not confer a
right to demand repayment of the principal from the
club unless interest thereon is in arrears for two
consecutive years, or in the event of the dissolution
of the club;
(f) Loan stock shall be secured by
certificates of indebtedness under the hands of two
members of the committee and the secretary stating
the amount of the loan stock;
(g) The committee may, in its discretion,
from time to time apply club moneys which it cannot
profitably invest to pay off the loan stockholders
in the order in which they are entered in the register,
or in such other order as the committee may determine.
If a loan stock holder, who has received notice, or
to whom notice has been sent at his address registered
in the books of the club, that the committee is prepared
to repay the amount of his loan stock, leave the sum
to be thus repaid in the hands of the club, he shall
not be entitled to any interest thereon after the
expiration of the time named in the notice of repayment.
Transfer of Loan Stock
(2) Loan stock may be transferred
by a form containing such particulars as the committee
direct. A fee of 2.5p shall be paid by the transferor
upon each transfer. A register of all transfers, containing
such particulars as the committee direct, shall be
kept, but no transfer shall be registered unless it
is properly stamped, or if made by a member indebted
to the club, without special order of the committee;
and until the transfer of loan stock is registered,
no right shall be acquired against the club by the
transferee, nor shall any claim of the club upon the
transferor be affected.
25.
Audit
(1) The club shall in each year of
account appoint a qualified auditor to audit its accounts
and balance sheet for that year. For the purposes
of this rule “qualified auditor” means a person who
is a qualified auditor under section 7 of the Friendly
and Industrial and Provident Societies Act 1968.
(2) Save as provided in paragraph
(3) of this rule every appointment of an auditor shall
be made by resolution of a general meeting of the
club.
(3) The committee may appoint an
auditor to fill any casual vacancy occurring between
general meetings of the club.
(4) An auditor appointed to audit
the accounts and balance sheet of the club for the
preceding year of account (whether by a general meeting
or by the committee) shall be re-appointed as auditor
of the club for the current year of account (whether
or not any resolution expressly re-appointing him
has been passed) unless
(a) a resolution has been passed
at a general meeting of the club appointing somebody
instead of him or providing expressly that he shall
not be re-appointed or
(b) he has given to the club notice
in writing of his unwillingness to be re-appointed
or
(c) he is ineligible for appointment
as auditor of the club for the current year of account
or
(d) he has ceased to act as auditor
of the club by reason of incapacity.
Provided that a retiring auditor
shall not be automatically re-appointed by virtue
of this rule if notice of an intended resolution to
appoint another person in his place has been given
in accordance with paragraph (5) of this rule and
the resolution cannot be proceeded with because of
the death, incapacity of ineligibility of that other
person.
(5) A resolution at a general meeting
of the club (i) appointing another person as auditor
in place of a retiring auditor or (ii) providing expressly
that a retiring auditor shall not be re-appointed
shall not be effective unless notice of the intention
to move it has been given to the club not less than
28 days before the meeting at which it is moved. On
receipt by the club of notice of the intention to
move any such resolution the club shall give notice
of the resolution to the members and to the retiring
auditor in accordance with section 6 of the Friendly
and Industrial and Provident Societies Act 1968, and
shall give notice to the members in accordance with
that section of any representation made or intended
to be made by the retiring auditor.
(6) None of the following persons
shall be appointed as auditor of the club:
(a) an officer or servant of the
club;
(b) a person who is a partner of
or in the employment of or who employs an officer
or servant of the club.
(c) a body corporate.
(7) The auditor shall in accordance
with section 9 of the Friendly and Industrial and
Provident Societies Act 1968 make a report to the
club on the accounts examined by him and on the revenue
account or accounts and the balance sheet of the club
for the year of account in respect of which he is
appointed.
(8) The auditor shall have a right of access at all
times to the books, deeds and accounts of the club
and to all other documents relating to its affairs
and shall be entitled to require from the officers
of the club such information and explanations as he
thinks necessary for the performance of the duties
of the auditors.
26.
Nominations and Proceedings
on Death or Bankruptcy
Upon a claim being made by the personal
representative of a deceased member or the trustee
in bankruptcy of a bankrupt member to any property
in the club belonging to the deceased or bankrupt
member the club shall transfer or pay such property
to which the personal representative or trustee in
bankruptcy has become entitled as the personal representative
or trustee in bankruptcy may direct them.
A member may in accordance with the
Industrial and Provident Societies Act 1965, nominate
any person or persons to whom (subject to the provisions
of the Act as to amount and the persons to whom a
valid nomination may be made) any of his property
in the club at the time of his death shall be transferred.
On receiving satisfactory proof of death of a member
who has made a nomination the club shall if and to
the extent that the nomination is valid under the
said Act either transfer or pay in accordance with
the Act the full value of the property comprised in
the nomination to the person entitled thereunder.
27. Application
of Profits
The profits of the club may be applied
in any of the following ways:
(a) In promoting mutual intercourse
and united action between members and others interested
in improving the conditions of the people of the United
Kingdom.
(b) In promoting education by the
establishment of lectures, classes, examinations,
and scholarships.
(c) In maintaining or supporting
the Union Convalescent Homes or other convalescent
homes, hospitals, infirmaries or any other charitable
or provident institution, or in supporting or maintaining
circulation and reference libraries and reading-rooms
with the best works in all departments of literature,
science and art, for the use of the members.
(d) For any other lawful purpose
determined by the committee or any general or special
general meeting subject to Rule 28.
28.
Application of Funds
Except by the dissolution of the
club, no profits or funds of the club shall be distributed
amongst the members.
29. Investments
The committee may invest the funds
of the club at such rate of interest and on such terms
as they see fit in any of the following investments:
(a) With its members or others upon
the security of real property.
(b) In the shares or in the security
of any society registered under the Industrial and
Provident Societies Acts, or under the Building Societies
Act, or of any company registered under the Companies
Acts or incorporated by Act of Parliament or by charter
provided that such society or company has its liability
limited.
(c) In any investment in which trustees
are, for the time being by law, authorised to invest
funds.
30.
Statutory Applications to the Register
(1) Any 10 members of the club, each
of whom has been a member for not less than 12 months
immediately preceding the date of the application,
may apply to the Registrar in the form prescribed
by the Treasury Regulations to appoint an actuary
or accountant to inspect the books of the club and
to report thereon, pursuant to section 47(1) of the
Industrial and Provident Societies Act 1965.
(2) One-tenth of the whole number
of members, or if the number of members shall at any
time exceed 1,000 then 100 members may by an application
in writing to the Chief Registrar, signed by them
in the forms respectively prescribed by the Treasury
Regulations:
(a) Apply for the appointment of
an inspector or inspectors to examine into the affairs
of the club and to report thereon; or
(b) Apply for the calling of a special meeting of
the club.
31. Dissolution
The club may at any time be dissolved
by the consent of three-fourths of the members, testified
by their signatures to an instrument of dissolution
in the form provided by the Treasury Regulations,
or by winding up in a manner provided by the Industrial
and Provident Societies Acts. The remaining assets,
after the payment of all liabilities, shall be distributed
amongst the members in equal shares.
32. Conduct
of Elections
Nominations
(1) The election of officers and
committee members shall be by ballot. At least three
weeks before the day fixed for any ballot a nomination
sheet shall be posted in the club by the secretary,
on which the names of all candidates for any office
must be entered, and such sheet shall remain open
at least 24 hours following the closing of the general
meeting. No member shall be eligible for nomination
unless he has been a member for at least six calendar
months prior to nominations closing, and has been
proposed and seconded by two members, who must themselves
sign the sheet. No member under suspension at the
date of closing of the nomination sheet shall be eligible
for nomination. No candidate shall be nominated for
more than one position. No member of the managing
committee whose term of office is not about to expire
may become a candidate unless he first resigns from
the position he holds.
Scrutineers
(2) The ballot shall be carried out
under the direction of the committee by three scrutineers
appointed by the general meeting who shall not be
candidates, committee members or officers.
Ballot When Held
(3) Ballots shall be held during
the week following the annual meeting or in the succeeding
week. Ballots shall remain open during not less than
three hours on the evenings of not less than two consecutive
days to be fixed by the committee, and the result
shall be made known by the posting of a notice in
the club signed by the scrutineers, recording the
number of votes polled by each candidate, and indicating
which of the candidates are elected.
Who May Vote
(4) Each financial member shall have
one vote for each vacancy but no member may give more
than one vote to any one candidate.
Tie
(5) The candidates receiving the
highest number of votes shall be declared duly elected.
In the event of two or more candidates receiving an
equal number of votes for the last vacancy or vacancies,
the names of such candidates shall be written on slips
of paper, which shall be placed so that the names
are concealed and the president, or in his absence,
some person appointed by the scrutineers, shall then
draw as many slips as there are vacancies to be filled,
and the members whose names are so drawn shall be
declared duly elected.
Scrutiny
(6) The scrutineers shall, at the
conclusion of the ballot, seal up the ballot papers
and hand them to the secretary, who shall retain them
for seven days. A scrutiny shall take place if a written
demand be presented to the secretary within seven
days from the close of the ballot, signed by not less
than one-tenth of the financial members, and the scrutiny
shall be carried out by three fresh scrutineers, to
be named by the committee, and their decision shall
be final.
33.
Settlement of Disputes
Disputes between a Member and an
Officer of the Club
(1) All disputes between a member
and an officer of the club shall unless the committee
elect to refer the matter directly to a special meeting,
be settled by the committee. The decision of the committee
shall be final, unless any party aggrieved thereby
shall within seven days, produce to the secretary
a requisition satisfying the conditions mentioned
in Rule 17 (2) (b), whereupon the decision shall be
reviewed by a special meeting.
Disputes between a Member and the
Club
(2) All disputes between a member
or person aggrieved who has for not more than six
months ceased to be a member, or any person claiming
through such member or person aggrieved shall be referred
to the Executive of the Union or the persons appointed
by them, who shall be the arbitrators of the club
and whose decision shall be final.
34. Introduction
of Visitors
A Member or an Associate may personally
introduce friends as his guests, but no member or
Associate may introduce more than two friends at any
one time. The visitor and the member or Associate
introducing him shall sign their names in a book kept
for that purpose. These conditions shall not apply
to the introductions by any member or Associate of
his wife or other lady, the admission of whom shall
be subject to such regulations as may from time ti
time be made by the committee. The following shall
not be permitted as visitors:
(a) Former members who have been
expelled.
(b) Former members who have ceased
to be members through non-payment of subscriptions.
(c) Persons who, having been nominated
for membership, have not been accepted.
(d) Members who are under suspension.
Members and Associates must accompany
guests introduced by them during the period of their
stay in the club, and no guest shall be permitted
to make any payments for intoxicating liquor directly
or indirectly.
The committee may debar a member
or Associate introducing any particular person as
a visitor if they so think fit and may prohibit a
member or associate introducing visitors during the
hours when licenced premises in the locality are not
open for the sale of intoxicants to the public.
35.
Guests and Excisable Articles
Should any guests introduced by a
member or an Associate pay for intoxicating liquor,
he shall at once be removed from the club premises.
If introduced by a member the member may be expelled
from membership on the fact being duly proved; and
it shall be the duty of any officer or members of
the club, becoming aware of such breech of the rules,
to report it at once to the secretary or committee.
36.
Hours of Opening and Closing of the Club Premises
The club shall be opened and closed
at such hours as may from time to time be fixed by
the committee, and as posted in the club.
37.
Permitted Hours for Supply of Intoxicants
The permitted hours shall be such
as may from time to time be determined by the committee
in accordance with the provisions of the Licensing
Act 1964, as amended, and as notified to the Magistrates
clerk, provided that if an order is made under section
60, sub-sections (3) or (4)of the said Act, the provisions
of section 62, sub-section (2) shall apply.
38.
Lady Members
A lady may upon nomination by a financial
member become a member of the club. An interval of
at least two clear days shall elapse between the nomination
and the acceptance to membership. Lady members shall
take up a share under Rule 7, and pay a subscription
of 50p per year, which shall be due upon acceptance
to membership and may not be paid until so elected,
and subsequently on the first day of January in each
year.
Lady members shall not be entitled to attend generals
meetings or vote at elections, and shall not be eligible
to hold office or introduce visitors. They shall be
subject to such special regulations as the committee
may from time to time make regarding lady members.
The number of persons admitted to membership under
this rule shall not result in them being significant
in proportion to the total membership.
39. Life Members
The committee may, in their discretion,
grant life membership to any member who has rendered
special service to the club, or who in their opinion
is deserving of the distinction or to a member who
has completed 20 years continuous membership to the
club. Life members shall not be liable to pay subscriptions
under Rule 10, but shall be entitled to all the rights
and privileges of club membership, including the right
to attend meetings, vote at elections and be nominated
for committee or other office. A certificate of life
membership shall be signed by the Secretary and issued
to each life member.
40. Value Added
Tax
Where under any of the provisions
of these rules or any amendments thereto for the time
being in force any sum of money is payable to the
club by a member whether by way of subscription or
otherwise and such payment attracts Value Added Tax
then, unless any rule specifically provides to the
contrary, a member shall in addition pay to the club
such further sum as shall be equal to the amount of
Value Added Tax at the rate for the time being in
force attributable to such sum.