Rulebook

PRIVATE & CONFIDENTIAL
 
FOR MEMBERS ONLY
 
RULES
 
and
 
BY - LAWS
 
Dalhousie Institute
 
(Registered No.387 of 5.5.1879 under the West Bengal Societies Registration Act, 1961)
 
Registered Office
:
42, JHOWTALA ROAD, KOLKATA-700019
 
Reprinted in 2005 with upto date amendments
 
INDEX TO RULES


A
Absent Member|24
Accidents|92
Accidental omission to give Notice|89 (1)
Accounts|69
Animals and domestic pets|42
Annual General Meeting|73
- Agenda of|75
Annual Reports and Accounts|72
Appointments, Staff|4 (9)
Auditors|68

B
Ballot, Result of|16
Balloting|14
Bankers and Banking Fund|71
Bills, Monthly|26
Borrowings|4 (3)
By-laws|49
Bills, payments of|27 (4)
- Failure to pay in time|27 (5)

C
Candidates, Introduction of|13
- Withdrawal of|15
Cash & Credit Memos|29
Category Entrance Fee and Subscription|25
Chairman’s Casting Vote|88
Chairman of General Meeting|85
Charities, Donations and other Finance|90 (1)
Closing of Premises|4 (12)
Construction and Repairs|4 (2)
Contracts, Negotiations of|4 (14)
Corporate Member|23 A
Council, Chairman of Meetings|61
Council, Composition of |52
- Election of|53
- Filling of Vacancy on|55
- General Powers of|4 (15)
Council, Holding of meetings of|57
- Non-attendance at meetings of|56
- Notice of meetings of|58
- Removal of or a Member thereof|54
- Special Powers|4
- Validity of Proceedings at meetings of|62
Credit|27

D
Damage to Institute Property|21(f), 23(e),40
Definitions|1
Dismissal, Staff|4 (9)
Deposit Account|28
Disputes|47
Dues, Right to recover|38

E
Election, Procedure for|10
Election to Membership|11
Extraordinary General Meeting, Agenda of|80
Extraordinary and Special Resolution|81

F
Finance|90

G
General Meetings|74
- Adjournment|86
- Chairman of|85
- Notice of|76,89
- Omission to give notice|89
- Quorum|84
- Right of attendance and voting|82
- Votes at|83
- Voting at|87
Guests|91
- Bar to admission as guest|17

I
Income Realisation of|70
Inspection of Accounts|26A
Interim Privileges|12
Introduction of Candidates|13
Investments|4 (4)
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L
Lectures and Library|90 (2)
Legal Proceedings|4 (13)
Liquors and refreshments|41
Liquor, Bar to sale of|39

M
Management|3
Membership, Absent|24
- Associate|20
- Balloting to|14
- Bar to|7
- Bar to reapplication|17
Categories of|25
- Cessation of interest|36
- Classes of|6
- Election to|11
- Eligibility of|
- Honorary|22
- Junior|23
- Life|19
- Loss of|33
- Permanent|18
- Removal from|20(b) 23(d),27A,31,32
- Right of admission to|8
- Right to propose and second|9
- Subscription|25
- Temporary|21
- Transfer of category|24A
- Transfer of class|20(c)
- Voluntary termination of|35
Minute Books|45
Minutes of Council Meetings|63

N
Notice Boards|46

0
Objects|2

P
Posting of Suspension and Removal of membership|37
Power to call General Meetings|77
President|64
Properties, Purchase of|4 (1)
- Removal of|48

Q
Quorurn Council Meetings|59
General Meetings|84

R
Readmission on payment of dues|30
Register of Members|44
Regulations governing the Objects|4 (10)
Remuneration for services rendered|4 (8)
Requisition meeting|78
- Holding of|79
Rules, Change in|50
Rules and By-Laws, interpretation of|51
- Binding|43

S
Secretary|67
- Assistant|67 (2)
Securities, Sale of|4 (5)
Sub-Committees, Administration|90 (1)
Sub-Committees, Social Entertainment|90 (2)
Cultural & Library|90 (2)
- Special|4 (11)
Sub-Committees, Sports Coordination|90 (3)
Sub-Committees, Standing|90
Subscribing to other bodies|4 (6)
Subscription|25
Suspension|32
- Disqualifications on|34
- Posting of|37
- Removal of|37
- Staff|67

T
Transfer of membership category|24 A
- Class|20
Treasurer|66

V
Vice-president|65
Vote, Chairman's Casting|88
Votes in General Meetings|83,87
Voting: Council meetings|60
- Right of|82

W
Warning|32
Withdrawal|15
Wines, Purchase of|4 (7)
RULES

Amended by Special Resolution of the Institute passed at an Extraordinary General Meeting on the 25th day of April, 2004.

1. In these Rules, unless there is something in the subject or context inconsistent therewith-

‘INSTIUTE' means the 'Dalhousie Institute', a Society registered under the West Bengal Societies Registration Act, 1961

'MEMBER' means a member of any Class of the Institute.

'GENERAL MEETING' means a general meeting of the members of the Institute.

‘PRESIDENT’ means the President of the Institute

‘VICE-PRESIDENT’ means any one of the Vice-Presidents of the Institute.

‘COUNCIL' means the Council or Governing Body of the Institute constituted under these Rules.

‘TREASURER' means the Treasurer of the Institute.

‘SECRETARY’ means the Secretary of the Institute.

Words importing the masculine gender shall include the feminine gender.

Words importing the singular number shall include the plural number and vice-versa.
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OBJECTS

2. The Institute is established to promote the literary and scientific improvement of members by means of lectures, library, reading room and such other resources as may from time to time be devised; to foster a spirit of goodwill and sociability among the members; to provide amusement; to take part in and promote sports and games, and to embark upon any activities calculated to benefit the Institute or advance the welfare of the members or of any class of members.


MANAGEMENT

3. The control of the Institute and of the business of the Institute shall be vested in the Council, who, in addition to the power and authorities by these presents or otherwise expressly conferred upon them, may exercise all such powers and do all such acts and things as may be exercised or done by the Institute and are not hereby or by statute law expressly directed or required to be exercised or done by the Institute in General Meeting but subject nevertheless to the provisions of any statue law and of these presents and to any regulations not being inconsistent with these presents from time to time made by the Institute in General Meeting; provided that no such regulations so made shall invalidate any prior act of the Council which would have been valid if such regulation had not been made.


COUNCIL - SPECIAL POWERS

4. In furtherance and not in limitation of and without prejudice to the general powers conferred by or implied in these Rule it is hereby expressly declared that the Council shall be entrusted with and may exercise and perform the following powers duties:-?

(1) PROPERTIES: To purchase or otherwise acquire for the Institute any property rights or undertakings at such price and generally on such terms and conditions as they think fit, and to sell, let, exchange, develop, lease, mortgage or otherwise dispose of absolutely or conditionally all or any part of such property, rights or undertakings and upon such terms and conditions and for such consideration as they think fit.

(2) CONSTRUCTION AND REPAIRS: To construct any building, Swimming Pool, Tennis Court and other undertakings required or to be used by or for the Institute and to alter, keep in good repair and manage such buildings, Swimming Pool, Tennis Courts and other undertakings.

(3) BORROWINGS: To borrow money for the purposes of the Institute on debentures or on any other form of security which the Institute can give and to secure the repayment thereof upon such terms and conditions as they think fit.

(4) INVESTMENTS: To invest any of the moneys of the Institute not immediately required, in such Govt. Securities and/or in such investments Introduced by Scheduled Banks, as they may think fit, and from time to time, to vary or realise such investments.

(5) SALE OF SECURITIES: To sell or draw against the investments specified in Sub-rule (4) above, Govt. Securities and loans held by, in the name or on behalf of the Institute by the Institute's Bankers, either in whole or in part.

(6) SUBSCRIBING TO OTHER BODIES: To establish, maintain, support and subscribe to any charitable or public object and any Institution, Society or Club.

(7) PURCHASE OF WINES, STORES, ETC.: To purchase wines, spirits, liquors, stores, tobacco, books, prizes and such other things and awards as may be required for the purpose of the Institute.

(8) REMUNERATION: To remunerate any person for services rendered to the Institute.

(9) APPOINTMENTS & DISMISSALS: To appoint, fix the remuneration, and dismiss the employees and servants of the Institute.

(10) REGULATIONS GOVERNING THE OBJECTS: To regulate all matters and things relating to the object and activities of the Institute, including the admission of members and guests thereto, the charges payable by members and others for such admission and the use by members or others of all or any part of the Institute premises.

(11) SPECIAL SUB-COMMITTEES: To appoint Sub-Committees for special purposes as they see fit and to delegate to such Sub-Committees such of their powers as they see fit and to withdraw all or any of their powers so delegated and to revoke such appointments.

(12) CLOSING OF INSTITUTE PREMISES: To close the Institute's premises or any part thereof for such period and at such times as they may consider expedient or necessary.

(13) To institute, conduct, defend, compound or abandon any legal proceedings by or against the Institute or otherwise concerning the affairs of the Institute. To refer any claims demands or legal proceedings by or against the Institute to arbitration and observe and perform the awards.

(14) To enter into all such negotiations and contracts and vary all such contracts and execute and do all such acts, deeds and things in the name and on behalf of the Institute as they consider expedient for/or in relation to any of the matters aforesaid or otherwise for the purposes of the Institute.

(15) And generally to do all other such things as are incidental and conducive to the attainments of the objects of the Institute.



CONSTITUTION AND MEMBERSHIP

5. ELIGIBILITY: Ladies and Gentlemen who have attained the age of eighteen years shall be eligible for membership.

6. CLASSES OF MEMBERSHIP

1. There shall be the following classes of membership, namely:-
(a) Permanent Members
(b) Life Members
(c) Associate Members
(d) Temporary Members
(e) Honorary Members
(f) Junior Members
(g) Corporate Members

2. The Council shall also have power from time to time to add to the above classes of membership and to make regulations governing their admission and membership and the payment of Entrance Fee and Membership Subscription.


7. BAR TO MEMBERSHIP

No person who himself is not a member under these Rules can claim the rights and privileges of membership.

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8. RIGHT TO ADMISSION

Admission to membership of any class shall be decided by the council. The Council shall have full and absolute power to admit or reject any application without assigning any reason therefor and their decision shall be final and binding and cannot be questioned in any manner whatsoever.


9. RIGHT TO PROPOSE AND SECOND

(a) Only Life members and permanent members of not less than two years standing are eligible to propose or second a candidate who shall be known to them, but in no case shall the Proposer or Seconder be a member of the Council.

(b) A Permanent or Life Member who has committed a beach of any of these Rules or By-Laws or has been suspended or whose conduct is the subject of enquiry at the time of the submission of the application shall also be disqualified from proposing or seconding a candidate.



10. PROCEDURE FOR ELECTION TO MEMBERSHIP

(a) Each candidate for admission to membership of any class, excepting Honorary Membership, shall be properly posed and seconded as laid down in the preceding Rule 9 and shall sign and deliver to the Secretary his/her application in the form provided by the Institute. Where the application is by a married couple, the signatures of both the husband and wife shall be required on the application and both of them shall be jointly and severally be responsible for payment of all moneys and dues to the Institute.

(b) The application form shall also be signed by the Proposer and Seconder and shall contain the candidates full name and address, rank, profession or occupation and such others particulars as the Council may require, and shall be in the hands of the Secretary at least 14 days prior to the candidate's introduction to the Council.

(c) A sum equivalent to and tendered to cover the entrance fee and the membership subscription for three months as laid down in Rule 25 shall be deposited when called for by the Institute and no Candidate shall be introduced the Council unless such sum has been deposited.

(d) Any omission from or inaccuracy in the particulars as to the candidate in the proposal form shall render the election of the candidate voidable at the discretion of the Council.


11. ELECTION TO MEMBERSHIP

(i) Candidates for membership to any class, excepting Honorary and Temporary membership, shall be admitted subject to election by the Council. Such election shall be by secret ballot and two negative votes shall exclude.

(ii) No person excepting Temporary and Honorary Member shall be granted membership unless at least fourteen days have elapsed from the date on which his/her name was duly proposed and seconded.


12. INTERIM PRIVILEGES

A Candidate shall not be entitled to any of the privileges of membership during the interval between his application for membership and his introduction to the Council but shall be treated as a guest and be governed by Rule 91.

During the interval between his introduction to the Council and the result of the election by ballot a candidate shall be treated as a Temporary Member under Rule 21 excluding sub rules (a)(b) thereof.


13. INTRODUCTION

The Council shall have power from time to time to make detailed regulations for introduction of candidates and the balloting on their applications. Unless otherwise determined, the following procedure will be observed.

(a) A list of candidates giving their names, addresses and occupations, and the names of their Proposers and Seconders, shall be posted on the Institute Notice Board at least one week prior to introduction.

(b) It will be the privilege and duty of every member to inform the members of the Council or the Secretary, if for any reason he considers that the admission of any particular candidate is undesirable in the interest of the Institute. The information shall be considered and treated as privileged and confidential without disclosing the identity of the party.

(c) The Council shall meet on such days as may be determined by them, for the purpose of being introduced to the candidates. The Proposers and/or Seconders will be notified of the date and time of such meeting. Either the Proposer and/or Seconder will be required to attend with their candidates whom they will introduce to the members of the Council.

(d) If a candidate should fail to attend two such consecutive meetings, the application for membership shall automatically lapse and fresh application shall only lie after the expiry of six months from the date of the previous application. The candidate and his Proposer shall be informed accordingly and the entire deposit made under Rule 10(c) will be refundable.


14. BALLOTING

(a) After the candidate has been introduced and his application scrutinized, the Council shall proceed to ballot either that very day or any other day within three months that may be decided upon subject to such regulations as may be framed by the Council from time to time.

(b) A married couple shall be balloted together under one ballot in the same way as an individual.

(c) Every member of the Council shall have one vote which shall be given personally.


15. WITHDRAWAL

A candidate may withdraw his application on or before the day fixed for the introduction under Rule 13(c) upon a written request addressed to the Secretary by the candidate or by his Proposer or Seconder.


16. RESULT OF BALLOT

(a) The result of the ballot and the class to which a candidate has been admitted will be recorded by the President or in his absence, by one of the Vice-Presidents or, in his absence of both, by the Chairman of a meeting, under his signature on the application form.

(b) The result of the ballot will also be communicated to each candidate and, if elected, the new member shall thereupon be subject to the provisions of the Rules and By-laws of the Institute.

(c) A candidate who has withdrawn his application or has not been elected will be entitled to the refund of the deposit of both the entrance fee and proportionate membership subscription money for a complete month made under Rule 10(c) & Rule 21(e).
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17. BAR TO RE-APPLICATION AND ADMISSION AS GUEST

(a) A candidate who has been proposed and not successful in obtaining admission shall be precluded from re-applying for membership of any class for a period of one year.

(b) A candidate who has been proposed twice and not elected shall be deemed permanently ineligible for membership.

(c) Persons referred to under (a) and (b) cannot be introduced to the Institute as guests of a member.


18. PERMANENT MEMBERSHIP

(a) Ladies and Gentlemen will be admitted to Permanent Membership under the following categories and the choice of admission shall vest in the Council:

Married Couple. Permanent Members,

Gentleman Permanent Member (Individual)

Lady Permanent Member (Individual)

(b) Only Permanent Members will be entitled to serve on the Council and to vote at General Meetings,

(c) Married Couple Permanent Member will be entitled to one vote only and either husband or wife will be entitled to serve on the Council and to vote at General Meetings.


19. LIFE MEMBER

The Council may at its sole discretion elect, as a Life Member any member of not less than ten years standing as a Permanent member, who in their opinion has contributed long and dedicated service to the Institute or has National or International recognition to his credit. On such election, the said Permanent Member shall be required to make a lumpsum subscription, as it may be determined by the Council, from time to time and shall deposit the same with the Institute within specified days from the date of receipt of notice of such election by the Council. The Permanent Member on being elected as such, subject to depositing the lumpsum subscription mentioned above, shall continue to enjoy all rights and privileges of membership without payment of any further membership subscription and will also be subjected to the Provisions of the Rules and By-Laws. The said lumpsum subscription or any part thereof, will not be refundable, if for any cause or reason his name has been ordered by the Council to be expunged fr om the Membership Roll.

When the Permanent Member is elected as Life Member, no further subscription need be payable by his or her spouse.


19A. Senior Citizen—A Permanent Member who has been a member continuously for a period of 25 years and has reached the age of 65 years will not be required to pay any Facility Charges and will be required to pay only 50% of the monthly membership subscription.


20. ASSOCIATE MEMBER

(a) Married couples and individual ladies and gentlemen may be admitted to Associate Membership at the complete discretion of the Council. An Associate Member will be subject to all the Rules and By-Laws of the institute and entitled to all other privileges of membership excepting the right to serve on the Council, attending General Meetings, having any voice in the management or voting for any purpose whatsoever. Subject, however, to the sanction of the Council, an Associate Member may be co-opted on a sub-committee on such terms and conditions as they direct.

(b) The Council shall have full power without assigning any reason therefor to remove at any time the name of any Associate Member from the Membership roll and thereupon such Associate Member shall cease to be a Member.

(c) The Council, at their entire discretion, shall have full, power without assigning any reason therefor, to transfer a Member from Associate Membership to Permanent Membership by secret ballot.


21. TEMPORARY MEMBER

(a) A lady or gentleman, not being a permanent resident of Kolkata, may be elected a Temporary Member jointly by the President, one of the Vice-Presidents and a member of the Council for a total period, Whether at one time or at different times, not exceeding six months in any calendar year, on being proposed and seconded as for the admission of Permanent Members, and such elections shall be recorded at the next Council Meeting.

(b) The Temporary Member will pay no entrance fee but shall pay in advance the whole membership subscription covering the estimated period of membership at the rate provided by these Rules. The Temporary member will be required to make security deposits of an amount to be determined by the Council and will be restricted to transactions covering the deposit amount or as may be determined by the Council from time to time. Should transactions exceed the deposit no further goods will be supplied or amenities provided till afresh deposit equivalent to the initial deposit is made.

(c) A Temporary Member will be entitled to the privileges of membership but will not be entitled to introduce guests, attend meetings or take any part in the affairs of the Institute. He may resign at any time by notice in writing to the Secretary.

(d) The Council shall have full power without assigning any reason therefor to cancel the temporary membership of any person.

(e) If a temporary membership is withdrawn or ceases before the expiry of the period for which the membership subscription has been paid, a proportionate refund shall be made provided that the minimum membership subscription that shall be payable shall be for a complete month. No remission shall, however, be made for any broken period of a month following a completed month.

(f) The proposer and seconder shall be jointly and severally responsible for the conduct of, and for any damage that may be caused by the Temporary Member recommended by them.


22. HONORARY MEMBER

The Council shall be empowered to also admit persons of either sex, not below the age of 18 years, to any of the Institute's special occasions or functions as Honorary members on payment of such subscriptions, fee, charges, or otherwise as they may direct and upon such terms, conditions and regulations as they see fit. Such Honorary members will enjoy the amenities that will be provided for the said occasion or function and on the termination thereof they shall cease to be members. For the purpose of giving effect to this rule, the Council will be entitled to delegate their powers to any two members of their number or to the members of the Socials and Entertainment Sub-Committee.

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23. JUNIOR MEMBER

(a) Notwithstanding anything contained in any other Rule, an unmarried gentleman or lady who has attained the age of 18 years but has not completed his/her 21st birthday may be elected a Junior Member on complying with the procedure laid down under Rules 9 and 10.

(b) The Junior Member shall pay an entrance fee and subscription as may be determined by the Council so long as he/she fulfills the age limit under (a) above. On attaining the age of twenty-one years, the Junior Member shall be automatically terminated, and the Council may then at its absolute discretion transfer the person to the category of a Permanent or Associate Member and thereupon the said person shall be subject to the payment of the subscription applicable thereto, and also to the payment of the difference between the Entrance Fee payable by a Permanent or Associate Member and a Junior Member.

(c) A Junior Member will be entitled to the privilege of membership and can apply to be put on the absentee list provided he/she fulfills the conditions laid down under Rule 24. The Junior Member, however, shall not be entitled to attend meetings or take part in the affairs of the Institute, and may resign at any time by giving a calendar months notice in writing to the Secretary.

(d) The Council shall have full power without assigning any reason therefor to terminate at any time the Junior membership of a person.

(e) The Proposer and Seconder, besides the parents, shall jointly and severally be responsible for the conduct of, for non-payment of bills and/or other dues to the Institute and for any damage caused by the Junior member recommended by them.


23A. CORPORATE MEMBER

(a) Anybody Corporate being a Company incorporated in India and an existing company under the Companies Act 1956 or any Financial Institution, Bank, Government Company. Statutory Corporation and/or Company or Body Corporate, incorporated outside India under the relevant laws of that country and having office in India and or any firm duly registered under the Indian Partnership Act 1932 or any diplomatic mission in India who wishes to join the Institute with the object for providing their senior executives, partners and/or diplomats as their nominees with the facilities available to members of the Institute shall be eligible apply in the form provided by the Institute for admission as a Corporate Member. The Council will have the sole discretion to entertain or reject any such application. In the event the Council decides to admit any such application for Corporate Membership, such Corporate Member shall be eligible to nominate in the prescribed form, their Senior Executive staff, Partners or Diplomats as the case may be, subject to the maximum number of four nominees and subject to the applicability of the terms, conditions and stipulations for eligibility of membership mentioned in this Rule, to avail of the facilities of membership of the Institute. The firm eligible for such Corporate Membership must be a firm of professionals such as Doctors, Engineers, Lawyers, Chartered Accountants or Commercial firms.

(b) The Council may on the application being made in writing admit such applicant as a Corporate Member subject to the conformity of all terms, conditions and stipulations mentioned in this Rule for a term not exceeding five years at a time.

(c) Anybody Corporate, Financial Institution, Bank, Government Company or Statutory, Corporation or Diplomatic Mission may apply for one or more Corporate Membership.

(d) Acceptance and/or granting of Corporate Membership to any applicant shall be at the sole discretion of the Council whose decision in that respect shall be final, binding and conclusive for all intent and purpose.

(e) A Corporate Member shall be entitled to exercise such rights as a member of the Institute as provided under these rules to nominate, in respect of its membership, in a particular term, not more than four persons out of the executive staff/partners/ diplomats as nominees to avail of the facilities of the Institute under these rules.

(f) Corporate Member and its nominees will be subject to all the Rules and By-Laws of the Institute and entitled to all the privileges of members excepting the right to serve in the Council. A Corporate Member shall be eligible to attend the General Meeting through one of its nominees in a particular accounting year and intimation relating to the selection of the nominee by a Corporate Member to attend a particular General Meeting should be sent to the council in writing and reach the office at least 48 hours before the date of the meeting. The Corporate Member shall be entitled to cast only one vote at any such General Meeting through its nominee strictly notifying the name within the time and in the manner prescribed above.

(g) Each of the nominees of the Corporate Member will be required to appear before the Council and be approved by the Council individually in accordance with the Rules of the Institute. The Council shall have the sole and absolute discretion in accepting or rejecting any nomination by a Corporate Member. In the event of rejection of any of the nominees of a Corporate Member for a particular accounting term the Corporate Member shall be eligible to nominate any other person in place and instead of such rejection subject to the Rules relating to acceptance thereof by the council. The decision of the Council in the matter of acceptance of Corporate nominee shall be final and binding rid cannot be questioned in any manner whatsoever.

(h) In the event the Corporate Member is Diplomatic Mission, a person holding the Diplomatic/senior Executive status shall be entitled to be nominated by such Corporate Member.

(i) Nominees of a Corporate Member after acceptance as Foresaid shall not be required to pay any entrance fee but shall be liable to pay the monthly subscription bills inclusive of the facility charges and other charges to be levied time to time. Timely payment thereof shall always guaranteed by the Corporate Member and in the even default for any three months by such nominee, shall become payable by the Corporate Member on demand.

(j) The membership of a Corporate Member shall be renewed at the end of the term at the discretion of the Council upon an application in writing being made to that effect by the Corporate Member and subject to payment of the fees payable by the Corporate Member as prevalent at that time.

(k) The terms with regard to the admission fee for Corporate Member mentioned above may be reviewed and/or revised by the Council from time to time at its discretion.

(l) On payment of the entrance fee and subscription as may be revised or fixed by the Council from time to time and upon being elected as a Corporate Member, a Corporate Member shall be entitled to the rights and privileges of membership of the Institute.

(m) A Corporate Member at any point of time will be entitle to withdraw nomination in favour of any of its nomine or nominees in which event such Corporate Member shall inform the Council immediately whereupon the said nominee will cease to be entitled to use and enjoy any of the facilities and/or benefits provided to such nominee of a Corporate Member by this Institute under this rule. In such circumstances the Corporate Member shall be entitled to nominate any other nominee in place of a person whose nomination has been withdrawn subject however to the acceptance by the Council as provided hereinabove.

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(n) A Corporate Member shall be responsible and/or liable for the observance of the Rules and Regulations of the Institute as also of maintenance and/or discipline of the institute by any of its nominee or nominees. In the event of any liability being incurred by any nominee or nominees of such Corporate Member relating to the use of the service and properties of the Institute including payment of the bills or for any act of misbehaviour, misconduct, indiscipline and breach of any of the Rules. Regulations and By-Laws of this Institute by any nominee or nominees of a Corporate Member, the Corporate Member shall be accountable for the same to the Institute in all respects.

Notwithstanding anything contained in Rule 32, in the event of the happening of any of the eventualities mentioned above, the Council in its discretion may require The Corporate Member to withdraw with immediate effect such nominees and/or nominees who in the opinion at the Council is guilty of any of the offences mentioned above and without prejudice to the right of the Council, it may take appropriate action not only against the errant nominee or nominees of the Corporate Member, but also against the Corporate Member Itself.


24. ABSENT MEMBER

A Permanent, Associate and Junior Member can apply to be put on the Absentee List provided he fulfills the following conditions namely:
(a) (i) Is absent from Calcutta (i.e.beyond a 50 mile radius of Kolkata from the Institute) for a continuous period of not less than three months or more than twelve months.

ii) Gives notice in writing to the Secretary of such absence,

iii) Pays all outstandings and dues to the Institute before departure.

iv) And deposits the requisite Absentee Fee which will be appropriated towards absent member's fee in place of the usual monthly membership subscription, at the rate as may be determined by the Council from time to time, credit being allowed for the unexpired portion of any subscription paid in advance.

(v) On complying with the above requirements a member; will be reinstated on his respective, membership roll or returning to Kolkata of which due notice must be given to the Secretary. A member of any class who is absent for more than twelve months will cease to be a member and on his return thereafter will have to, re-apply for new membership, in which event the Council may waive the payment of Entrance Fee on election.


24A. PROCEDURE FOR TRANSFER OF INDIVIDUAL MEMBERSHIP TO THE CATEGORY OF A MARRIED COUPLE

(a) Where an Individual Gentleman/ Lady member marries a non-member and desires to transfer the existing category of Individual Membership to the category of a Married Couple, he/she shall deliver to the Secretary, the requisite application form duly completed, proposed and seconded by a Permanent Gent/Lady Member along with the requisite entrance fee, being the difference of rate prevailing between two categories of membership and shall introduce his/her, wife/husband to the Members of the Council at any convenient time before the meeting of the Council when such application will be considered and a decision obtained thereon.

(b) Where the contracting parties to a marriage are both individual Members of the Institute, their membership shall be automatically transferred to the category of a Married Couple, immediately a written application is made to the Secretary in this behalf.


25. CATEGORY ENTRANCE FEE AND MEMBERSHIP SUBSCRIPTION

(a) Unless otherwise determined, the Categories of the Membership of the Institute are as follows: -

(i) Married Couple

(ii) A married gentleman with children wishing to join in an Individual capacity.

(iii) A married lady with children wishing to join in an Individual capacity.

(iv) Individual Gentleman

(v) Individual Lady

(vi) Junior (18 years to 21 years)

(vii) Temporary Couple/Individual with children

(viii) Temporary Individual Gentleman/Lady/Junior

(ix) Corporate Member

(b) Save as expressly provided by these rules, every membership pay to the Institute a Membership Subscription and Entrance Fee of such amount as may from time to time be fixed by the Council and such amount shall be due and payable in advance.

(c) Membership Subscriptions shall be payable monthly in advance.

(d) The subscriptions deposited by a candidate under Rule 10(c) will be adjusted after the result of election is known and, if favourable, will be calculated to commence from the month in which the candidate was introduced under Rule 13.

(e) Those on the Absentee List will commence paying the subscription applicable to them after the expiry of a full month for which subscription is ordinarily due.


26. MONTHLY BILLS

On or before the 10th day of every month the Secretary shall forward to each member an account comprising his current month’s membership subscription and his dues upto and including the last day of the previous month and shall be responsible for its correctness. If a member does not receive his bill by the 15th of the month he should notify the Secretary who shall then supply him with a duplicate of his account immediately, and if any question relating to an account is brought to his notice, he shall investigate and settle the dispute with the member concerned. If no settlement is reached between the two within a week of the complaint the matter will then be referred by the Secretary to the president who, if necessary, shall refer it to the Council whose decision shall be final and binding.


26A. INSPECTION

A member shall be entitled to have access to his accounts by arrangement with the Secretary.

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27. LIMITTATION OF CREDIT

(1) Goods supplied and amenities provided by the Institute to members may be obtained either against coupons exchanged for cash or on credit subject to the limitation provided in Sub-rule (3) of this Rule.

(2) Cover charges for functions and the price of cold storage goods and such other items as may be determined by the Council shall, however, be paid for in cash.

(3) The total amount of credit allowed to a member or married couple shall be determined by the Council. Should this limit be exceeded at any given point of time, no further goods will be supplied or amenities provided on credit till such member concerned has cleared his/her outstanding.

(4) A bill for credit thus obtained, less any payments made in the interval, together with all subscriptions and dues shall be submitted to the member in terms of Rule 26 and such bill shall be paid in course of the month in which such bill is submitted.

(5) In the event of a member failing to pay his bill within the time specified in Sub-rule (4) above, the Secretary shall issue a notice which may be served personally or sent by ordinary post under certificate of posting or by courier and if the said hilts remain Unpaid within 14 days from the date of such notice, the defaulting member shall be deprived of the privileges of membership for such period, as may be determined by the Council from time to time It shall, however, be incumbent on him to pay full subscription for the period of default.

(6) If the member concerned shall have paid his bill submitted to him under Rule 26 before the expiration of the period mentioned in Sub-Rule 5 hereof, his privileges may be restored at the discretion of the Council


27A. REMOVAL FOR NON-PAYMENT OF DUES

If the member concerned shall not have paid his bill submitted to him under Rule 26 before the expiration of the period referred to under Sub-rule (5) of Rule 27 above, his name shall be automatically expunged from the membership of the Institute and he shall be notified accordingly, unless he has been given a further extension of time for the payment of his dues on an application made to the Council.


28. DEPOSIT ACCOUNT

A member desirous of obtaining credit in excess of limitation referred to in Sub-Rule 3 of Rule 27 shall have to deposit with the Institute such sum estimated to cover his/her requirements, as determined by the Council. If a member who at any point of time exceeds his deposit limits, he will be advised by the Secretary that no further credit will be allowed till he has made a fresh deposit equivalent to his original deposit. The amount of all credit memos will be included in the monthly bills submitted to him under Rule 26 and shall be paid in accordance with the provisions contained under Rule 27.


29. CASH AND CREDIT MEMOS - CASH COUPON REGISTER.

(1) In respect of every supply or series of supply of goods or amenities provided to a member, whether for cash, credit or on deposit account a memorandum containing a description of the goods or amenities with the quantity and rates/ prices thereof, shall be signed by him in a legible manner showing therein his name and membership roll number, and where payment is made by means of Cash Coupons the member shall also sign the Cash Coupon Register.

(2) All cash memos for the day shall be paid on that day at the time of presentation.


30. RE-ADMISSION ON PAYMENT OF DUES

A person who shall cease to be a member under Rule 27A or under Rule 35 may re-apply for new membership in the manner laid down under Rule 10 after expiration of one, year, provided he has made amends and has paid in full all moneys due to the Institute.


31. REMOVAL FROM MEMBERSHIP

A member shall cease to be a member If
(a) he becomes bankrupt or insolvent or makes any composition with his creditors or does or suffers any act or thing whereby he shall become liable to the provisions of the Bankruptcy or Insolvency laws for the time being in force or shall be adjudged bankrupt or insolvent,

(b) he is found guilty by a competent tribunal of any offence involving in the opinion of the Council gross misconduct.

(c) a Receiver is appointed over his assets or property by a Court of competent jurisdiction.


32. WARNING, SUSPENSION OR REMOVAL

(1) The Council shall have full power and absolute authority, and their decision shall be final and binding and cannot be questioned in any manner whatsoever to warn and/or suspend for a period not exceeding six months or to remove the name of member Other than a Corporate Member, governed by Rule 23A, from the membership toll, if in the opinion of the Council.

(a) he does anything which is not becoming of a member or which constitutes misconduct.

(b) it is no longer desirable in the interest of the Institute that he should continue as a member,

(2) Before arriving at a decision, a member whose conduct is called in question under the preceding Sub-rule shall be given an opportunity to appear in person and explain his conduct. He shall be given a week's notice specifying the date, time and place of the meeting, and if he should fail to attend, the Council shall act in his absence, unless he shows good cause of inability to be present and asks for an extension of time Such time shall be reasonable and no second extension shall be granted except under exceptional circumstances. Such meetings of the Council shall be held in camera and only the member whose conduct is called in question and such other persons as the Council may consider necessary shall be heard and examined.


33. LOSS OF MEMBERSHIP

Under Rules 31 and 32 a member means is member of any class and includes a member of the Council.

A member whose name has been removed under the said Rules shall be deemed permanently ineligible for membership.

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34. DISQUALIFICATIONS ON SUSPENSION

During the period of suspension under any of the Rules, a member so suspended shall be disqualified from enjoying the privileges of membership shall not be permitted to enter the Institute. A suspended member contravening the provisions hereof shall be liable to have his named removed from the membership roll.


35. VOLUNTARY TERMINATION OF MEMBERSHIP

Any Permanent or Associate Member may withdraw from the Institute by giving a calendar month's notice in writing. In default of such notice being so given, a member shall be liable to pay his membership subscription for the ensuing months.


36. CESSATION OF INTEREST

Upon the retirement, exclusion or removal of any member, membership and interest in the Institute shall cease.


37. POSTING OF SUSPENSION AND REMOVAL

All suspensions shall be posted on the Notice Board of the Institute and will remain so posted until the removal of the order of suspension. Names of members which have been removed from the membership roll or who have ceased by any means to be a member will also be posted on these Notice Boards and will remain there for a period of three months.


GENERAL PROVISIONS


38. RIGHT TO RECOVER DUES

Any member who shall by any means cease to be e member shall nevertheless remain liable for and shall pay to the institute all moneys which at the time of such member ceasing to be a member may be due from him to the Institute, and it shall also be lawful for the Institute to take such action as it shall deem necessary for the recovery of such dues.

All moneys due and payable by any member to the Institute under the Rules and By-Laws shall be a debt due from that member to the Institute and shall be recoverable in law.


39. BAR TO SALE OF LIQUOR

(1) No excisable liquor will be served to any person appearing under the Influence of drink nor will such liquor be sold before the opening or after the closing of the Bar.

(2) For the application of this Rule, it shall be lawful for the Members of the Council to act singly or jointly with one another and his decision in all cases shall be binding on the members and cannot be questioned in any manner whatsoever.


40. DAMAGE TO INSTITUTE PROPERTY

In addition to what is stated under Rules 21 (f) and 23 (e) a member will be responsible for the payment of damage to the Institute property due to design, accident or neglect caused by himself or his guest, the assessment of such damage being entirely at the discretion of the Council.


41. LIQUORS AND REFRESHMENTS

No member shall be permitted to bring into the Institute either for sale or consumption, any liquor, beverage, soft drinks, food or other refreshments in any shape or form, save and except that ordered by and for the Institute and only such liquors, refreshments or goods as are purchasable at the Institute shall be consumed in the Institute.


42. ANIMALS AND DOMESTIC PETS

Animals and domestic pets are not permitted to be brought into the Institute.


43. RULES AND BY-LAWS BINDING

Every member shall be bound by the Rules and By-Laws of the Institute, an up-to-date copy of which, containing amendments made from time to time, shall be open for inspection on request being made to the Secretary for the purpose.


44. REGISTER OF MEMBERS

The Council shall cause to be kept a Register in which shall be recorded the full name, title, residential and business address of every member and of any changes made therein. Any change affecting the particulars of any member as entered in the said Register shall be notified in writing without delay to the Secretary who will acknowledge receipt of same and make the necessary alteration in the said Register.


45. MINUTE BOOKS

The Secretary shall maintain one or more Minute Books in which shall be recorded the Minutes of the Council meetings and of General Meetings of members.


46. NOTICE BOARDS

(a) No one shall put up any Notice, written statement, poster, etc. in the Institute unless it bears the counter signature of the Secretary or with his permission and no one shall remove any such Notice, without the Secretary’s Authorisation.

(b) A Notice posted on the Notice Board in the Institute shall he deemed to have been duly given to all members


47. DISPUTES

Any dispute which may arise whether relating to the proper classification of a member, or the rights, privileges, existence or discontinuation of any membership, or to moneys due by a member to the Institute or lying to his credit, shall be referred to the Council and their decision shall be final.


48. REMOVAL OF PROPERTY

No member shall take away or permit to be taken away from the institute any article or property belonging to the Institute except with the permission of the President or one of the Vice-Presidents or the Secretary.

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49. BY-LAWS

The Council shall have power from time to time to make such By-laws (not being inconsistent with these Rules) for the management of the Institute as they shall think proper and from time to time to amend or cancel any By-Laws for the time being In force.


50. CHANGE IN RULES

Save as otherwise expressly provided, these Rules shall not be altered or added to nor shall any Rule be rescinded except on the authority of a Special Resolution passed at an Extraordinary General meeting of the members of the Institute in due compliance with the provisions of the West Bengal Societies Registration Act, 1961 on that behalf.


51. INTERPRETATION OF RULES AND BY-LAWS

The Council shall be the sole authority for the interpretation of these Rules and of the By-Laws and regulations made there-under and the decision of the Council upon any question of interpretation or upon any matter affecting the Institute and not provided for by these Rules or by the By Laws and regulations made there under shall be final and binding on the members.


COUNCIL - DUTIES AND FUNCTIONS

52. COMPOSITION OF THE COUNCIL

(1) The Council shall be elected from Permanent Members and Life Members only and shall consist of a President, a Senior Vice President, a Junior Vice President a Treasurer and five Ordinary Members, to be elected at the Annual General Meeting.

The President, the Senior Vice-President, Junior Vice-President, the Treasurer and the five Ordinary Members of the Council shall retire at each Annual General Meeting but shall be eligible for re-election

(2) The Immediate Past President shall be ex-officio member of the Council so long as he is a Permanent or Life Member.

(3) The Secretary shall be an ex-officio member of the Council and his appointment shall be governed by Rule 67

(4) Members of the Council, excepting the Secretary if he is on a salary, shall act in an honorary capacity but nothing herein contained shall prevent the payment in good faith of any remuneration, honorarium or travelling allowance to any of them in return for any services actually rendered to the Institute.


53. ELECTION OF COUNCIL

(1) The Council as provided for under Rule 52 shall be elected by single ballot at the Annual General Meeting and shall continue to hold office till the next Annual General Meeting.

subject to the provisions contained in Rule 54.

(2) (a) A Permanent and/or Life Member eligible to attend and vote at the Annual General Meeting and willing to serve in the Council, if so elected, either as an ordinary member or in any of the posts specified in Rule 52, shall at least ten days before the holding of the Annual General Meeting indicate in writing to the Secretary his willingness to serve as an Ordinary Member or in any of the posts In the Council provided, however, one member shall he entitled to express his willingness to serve for not more than one post in the Council The Secretary shall arrange to post the names of intending candidates on the Notice Board at least seven days prior to the Annual General Meeting.

(b) At the Annual General Meeting, the names of the intending candidates shall be duly proposed and seconded by and amongst Permanent/Life Members present and entitled to vote from the floor of the House. No eligible member shall be entitled to propose or second more than one candidate.

(3) Every single Permanent Member, Life Member and/or any one of the Married Couple Permanent Member and/or nominees of Corporate Members, who are eligible to attend and vote at the Annual General Meeting, shall vote personally and shall deposit the ballot in the ballot boxes, which shall be provided for such purpose at such meeting, for such length of time as the Chairman of such meeting, shall determine at the start of the meeting.

(4) At the start of the Annual General Meeting immediately preceding the commencement of the election process, the Chairman shall appoint such number of scrutinizers being not less than three in number from amongst the members present at the meeting for the purpose of initiating, conducting and concluding the election process in accordance with the valid voters list and other relevant documents prepared and maintained in the Institute However, before the scrutinizers start the process of scrutiny, any of the members seeking election in any of the posts of the Council, may withdraw his candidature from such election. After completion of scrutiny, the process at election shall commence. After all the members present and eligible to vote have exercised their rights by ballots and deposited the same in the ballot box kept for such purpose at the meeting, the scrutinizer shall seal the said ballot boxes.

(5) For the purpose of counting and declaration of the result of such voting, the Chairman may adjourn the meeting till such time counting is completed

(6) The scrutinizers so appointed shall unseal the ballot boxes and start counting of the ballots and upon completion thereof, prepare the result of such election on the basis of the valid ballots cast, duly signed by the scrutinizers, after which the Chairman of the meeting shall proceed to declare the results of such election.

(7) If at the start of the Annual General Meeting no valid application has been filed and/or deposited In the Office of the Institute for any of the posts and/or requisite numbers of Ordinary Members in the Council, then in such event, the Chairman of the Annual General Meeting shall invite from amongst the members attending the meeting to offer their names as candidates in filling up such vacancies. Upon receipt of any such offer from any of the members present, the name of such member and/or members an being duly proposed and seconded by amongst the members present at the meeting be inserted in the ballot, as if such members and/or members deemed to have applied to serve in accordance with the provisions contained under Rule 53(2) of the rules of this Institute,

NOTE: In the event of a contested election every Permanent Member, Life Member and/or nominees of Corporate Members shall have one vote each for as many seats as there are to be filled.

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54. REMOVAL OF COUNCIL OR A MEMBER THEREOF

The Council or a Member thereof can only be removed from office on a motion of `No Confidence’ brought on a requisition signed by at least One Hundred Permanent and/or Life Members who are eligible to attend and vote and passed at an Extra ordinary General Meeting as an Extraordinary Resolution in terms of Rule 81 For the requisition to be valid, it must contain detailed and precise reasons for the motion of `No Confidence’.

In the event of a vote of `No Confidence’ being property passed against the Council, the Council shall be dissolved and a new Council elected as laid down in Rule 53 at the same Extraordinary General Meeting. If the vote of `No Confidence’ passed is against a particular member of the Council, such member shall cease to hold office and the vacancy thus caused shall be filled by election at the Extraordinary General Meeting at which the said Resolution was passed.


55. FILLING OF VACANCY ON COUNCIL

(1) Any permanent vacancy in the Council, other than in the office of the President and Senior Vice-President during in the interval between two Annual General Meetings may be filled by the President appointing a Permanent or Life Member subject to the confirmation of the Council.

(2) Any casual vacancy in the Council may be filled by the President appointing a Gentleman Permanent or Life Member for a stated period subject to the confirmation of the Council.

(3) If the office of the President shall fall vacant between two Annual General Meetings, his place shall be filled by the Senior Vice-President and If the latter vacates office or on his promotion, the Junior Vice-President shall assume the office of Senior Vice-President.


56. NON-ATTENDANCE AT COUNCIL MEETINGS

(1) The non-attendance of any member of the Council from three consecutive meetings, unless such absence shall have been caused by illness or other unavoidable circumstance, shall subject such member to removal from the Council at their discretion


57. HOLDING OF COUNCIL MEETINGS

The Council shall meet together as far as possible at least once a month of the despatch of business of which due notice shall be given by the Secretary, adjourn or otherwise regulate their meetings and proceedings as they think fit; such meetings shall be carried monthly meeting. All other meetings shall be called special meetings and may be convened at the discretion of the Provident who is also empowered to hold such meetings by means of circulation and to have the proceedings ratified at the next Council meeting.


58. NOTICE OF COUNCIL MEETINGS

All notices of such meetings shall contain an Agenda of the business to be transacted and may be served personally, by telephone or by sending it through the post to their registered addresses at least 48 hours before the holding of the meeting except in cases of urgency where a shorter notice may be given. It shall not be necessary to give notice of meetings to any Member of the Council who is not for the time being resident in Kolkata.


59. QUORUM AT COUNCIL MEETINGS

The Council may determine the quorum necessary for the transaction of their business and unless otherwise determined four members present shall form a quorum.


60. VOTING AT COUNCIL MEETINGS

(1) Every question at any meeting of the Council save as otherwise expressly provided shall be decided by a majority of votes given personally and in the case of an equality of votes the Chairman shall have a second or casting vote.

(2) Excepting the Chairman as aforesaid, every Member of the Council shall be entitled to one vote only, provided, however, he shall not be privileged to exercise such vote unless all dues by him to the Institute have been paid.


61. CHAIRMAN OF COUNCIL MEETINGS

The President or in his absence, the Senior Vice-President or, in the event of the latter’s absence also, the Junior Vice-President, shall take the Chair at all meetings of the Council; and, if at any meeting not one of them is present within ten minutes of the time appointed for holding the same, the Members present shall choose one of their members to be Chairman of the meeting.


62. VALIDITY OF PROCEEDINGS AT COUNCIL MEETING

(1) All acts done by any meeting of the Council or by any person acting as a Member of the Council shall, notwithstanding that it shall afterwards be discovered that there were some defects in the appointment of any Member of the Council or such person as aforesaid or that any Member of the Council was disqualified, be as valid as if every such person had been duly appointed and was qualified to be a Member of the Council.

(2) The Council may act not withstanding any vacancy in their body so that their number be not reduced below four resident in Kolkata.


63. MINUTES OF COUNCIL MEETINGS

The Secretary shall record the minutes of the Proceedings of all Council Meetings in a Minute Book which shall be signed by the Chairman of the Meeting after it has been approved by him, and shall be read, or taken as read if previously circulated, and confirmed at the next following meeting


64. PRESIDENT

It shall be the duty of the President to see to the general administration of the Institute, to preside at all meetings of the Council and of the members of the institute, and to pass the Agenda of Business for all meetings before circulation. He shall be an ex-office member of all sub-committees and shall have the right to take the Chair, if present, at any meeting thereof, should he desire to do so.

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65. VICE-PRESIDENT

The Vice-Presidents shall assist the President in the General administration of the affairs of the Institute and preside in the order of seniority at such meetings at which the President is not present. Should the President be unable to attend to his duties by reason of his absence from Kolkata or by sickness or any other cause howsoever, then the Senior Vice-President or,in the latter's absence, the Junior Vice-President shall act for and perform the duties of the President.


66. TREASURER

The T