Club registration

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Querist : Anonymous

Querist : Anonymous (Querist)

15 July 2013 plz tell me about club registration. whether it will be registerd as trust or socitey

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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15 July 2013 A club may be a members club or a proprietary club. In the former case the properties of the club vest in the members, while in the latter case an individual or a firm or a limited company owns the property while the members are allowed to make use of that property on certain terms. The members' club may be an unincorporated society or may be registered under the Indian Companies Act, or Societies Registration Act. In a proprietary club the owner or the owners, as the case may be, run it for the purposes of gain, while in a members' club it is not so. Such. a club is not a partnership nor even a quasi-partnership. It may be noted that under the Societies Registration Act it is permissible for the registration of a club for the purposes of promotion of science, literature, or the fine arts, for instruction, the diffusion of political education, the foundation or maintenance of libraries or reading rooms for the use of members or for promotion of other allied objects; It is necessary in a society or club so registered that the Memorandum of Association should contain the name of the society, the objects of the society, the names, addresses and occupations of the governor's council, directors, committee or other governing body to whom, by the rules of the society. the management of its affairs is entrusted. A copy of the rules and regulations of the society, certified to be a correct copy by not less than three members of the government body has to be filed with the Memorandum of Association with the Registrar of Joint Stock Companies of the State. The proceedings of such a society must conform to the provisions of the Society Registration Act XXI of 1860. If the members' club is registered under the Indian Companies Act. it must also conform to the provisions of that Act.

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Form for Businessmen's Club

1. The club shall be called ___________________club

2. The objects of the club are :

a. to provide for a common place for meeting of the members of the club for the purposes of recreation, discussion of common problems, encouragements of thrift, advancement of social welfare ideas, mutual assistance, protection of interests of the members, etc. :

b. to provide for instruction and diffusion of knowledge amongst the families of members, their dependants and employees ;

c. to provide for medical assistance and other relief measurers for the members, their dependants and employees ;

d. and for other objects and purposes which may be conducive to and beneficial for the members and the business community.

3. Members.-Only businessmen shall be eligible to be members of the club.

4. Number of members.-The total number of the members of the club shall not exceed 200 unless in a special general meeting the number is altered by a three-fourth majority of the members present.

5. Managing Committee and office-bearers.-There shall be a committee of management consisting of seven members (besides chairman, secretary and treasurer) elected at. the annual general meeting of the club to be held In the rnor,th of April each year or as early as possible thereafter. Three members of the committee shall retire every year voluntarily or by lot. There shall be elected also a chairman, a secretary and a treasurer respectively at the annual general meeting after the election of the members of the managing committee who shall hold office till the termination of the next annual general meeting at which the office-bearers inclusive of the members of the managing committee have been elected for the next ensuing year. The property of the club shall vest in the managing committee and in the event of any members of such committee dying or having been expelled or having become incapable of acting. the said properties of the club shall continue to vest In the remaining members of the managing committee which may include also any member annually added thereto.

6. Election of members.-No new member shall be elected unless he has deposited entrance fee of Rs ........... and subscription for the first three months.

7. A member shall be deemed to be duly elected if three-fourths of the members present vote in his favour for election. A person who has ceased to be a member and desires to be re-admitted to the club as a member may be so admitted without deposit of any entry fee provided he had not been expelled from the club and provided there is no objection to his re-admission by one-fourth of the total number of members of the club who signify their dissent to his re-admission In writing. Candidates for admission must be proposed by one member and seconded by another, and the name of the candidate in full with his address shall be inserted in the candidate's book, and placed in some conspicuous part of the club for 14 days. The election of the member shall be by ballot.

8. Montffly subscription.-There shall be payable by each member a monthly subscription of Rs ......... which is subject to alteration in an annual general meeting at which at least three-fourths of the members present vote for such alteration and such three-fourth majority must be more than one-half of the total number of members of the club.

9. Resignation.-A member may resign in writing at any time subject to any liability or obligation Incurred by him while he was a member. He shall cease to have any interest in the property of the club or exercise any rights in respect thereto immediately after submission of resignation by him In writing to the secretary.

10. Expulsion of a number.-lf the conduct of any member either in or out of the club-house shall, in the opinion of the committee or of any 25 members of the club who shall certify the same in writing, be Mutinous to the character. reputation and interests of the club or who Is alleged to be guilty of any dishonorable or disreputable conduct in his dealings with a member of the club, the committee after such enquiry as may be necessary and after giving opportunity to the member concerned to explain his conduct in writing, shall be empowered to request such member to resign, and if such member shall not resign within one month, the committee shall order his name to-be removed from the list of members, and he shall cease to be a member : provided that no such request be sent to any member unless the resolution to send the same be agreed to by two-thirds of the committee actually present at a meeting convened for the purpose. Should it however be the opinion of any 21 members that the case of the member so expelled might be reconsidered without damage to the club. the committee shall call an extraordinary general meeting, to which the matter shall be submitted, such meeting to consist of at least two-thirds of the total number of members of the club and if a majority of not less than three-fourths of such meeting shall agree to the reinstatement of that member, he shall be reinstated. Any member expelled from the club shall be deemed to have forfeited his proposal fee and subscription and shall, subject to the above provisions, be for every after ineligible fore-election.

11. Hours of the club.-The club shall be opened to the members between 6 p.m. and midnight every day unless otherwise determined in special general meeting. A member of the committee (including the chairman, secretary and the treasurer) however shall be entitled to visit the club premises at any hour of the day and inspect any place, book or article at all reasonable hours.

12. Meeting and notices thereof.-There shall be an annual general meeting of the members to be held in January or as early as possible thereafter in each year at which the members of the committee and the officers of the club shall be elected, the account shall be passed and other agenda as proposed by the committee or by any seven members after a previous notification thereof for at least fourteen days shall be taken Into consideration and adopted as required. The accounts shall be audited annually and the annual balance-sheet shall be submitted to the members at least fourteen days before the said annual general meeting.

13. Management.-The management of the affairs of the club shall be in the discretion of the managing committee inclusive of the said office-bearers whereat the chairman of the club shall preside if present and in his absence a member of the committee as proposed, seconded and assented to by the majority of the members present shall preside. The committee shall be entitled to hold extraordinary or special general meetings, from time to time. as the committee may think fit. The extraordinary general meeting may be required to be held by 21 members of the club and special general meeting may be called by the chairman as and when necessary. Me members of the committee may also call an extraordinary general meeting by directing the secretary to issue the notices therefor. No extraordinary general meeting shall be called without seven days' previous notice there for. A special general meeting may be called by the chairman after a two days' notice there for. The notices shall be sent per peon or under a certificate of posting, by post to the members at the address, given to the secretary there for.

14. Introduction of guests.-A member shall be entitled to invite not more than two guests at the premises of the club but such guests shall not be entitled to be present at any general, special or extraordinary meeting of the members or of the meeting of the committee.

15. Liability of members.-The member shall not be liable personally for goods supplied to or obligation incurred by any officer of the club on behalf of the club but the property of the' club shall be liable to meet such debt, or obligation in the hands of the managing committee. The managing committee shall be entitled to sue and be sued in the name of the club provided the rules relating thereto embodied in the Code of Civil Procedure regarding such matters are complied with.

16. Amendment of rules and of bye-laws.-'the aforementioned rules shall be liable to alteration by a majority of three-fourths of the members present in a meeting specially convened there for, whether in the extraordinary or special general meeting or whether embodied in the agenda for the annual general meeting provided, however, that a majority of the total number of members of the club adopt the said alteration.

17. Dissolution -On the dissolution of the club the properties of the club shall be disposed of as may he determined by the members at the meeting where the resolution of dissolution is passed.