MEMORANDUM OF ASSOCIATION

  1. Nomination of Honorary Secretary.
    2. The Honorary Secretary will be an officer from HQ ARTRAC who shall be nominated by the President. The Honorary Secretary would enjoy the same status and powers as that of the elected members of the Executive Committee.
  2. The Executive Committee shall also nominate one permanent member as Honorary Treasurer. However, the Honorary Treasurer shall not be considered as a member of the Executive Committee.
  3. Holding of Office by EC
    4. he EC shall hold office until it is dissolved at a GBM provided that whenever an EC is so dissolved, a new EC shall be elected before the conclusion of the same GBM.
  4. Eligibility to Continue to Serve on the EC
    5. Every member of an outgoing EC shall be eligible for election to the new EC. The maximum continuous tenure of EC Members shall be two years and that they shall be entitled to contest elections to EC after expiry of two years from the date of completion of earlier tenure of two years. However, a concession can be made for serving defence members in the interest of smooth functioning of the Club.
  5. Resignation by/ Posting Out of an EC Member
    6. In case a member of the EC who either resigns or gets posted out or retires from service, the EC will be empowered to nominate any of the Permanent Members in his place i.e. a civilian permanent member in place of a civilian EC Member & a Defence Officer from HQ ARTRAC in case of Defence Member, for such period as the EC may specify.
  6. Conduct of EC Meeting
    7. Procedure for conduct of EC Meeting shall be as follows :-
    1. The EC shall ordinarily meet under the directions of the President Shimla ADC at least once in three months. They may meet more frequently also depending upon the business to be transacted. The number of members, whose presence shall be necessary to form the quorum, shall be five.
    2. (ii) Each meeting of the EC shall be presided over by a Chairman, who shall be the President, if present, or in his absence by the Executive President / Executive Vice President.
    3. All motions and proposition shall be approved or rejected by a majority vote. In case, there is no majority of votes, the Chairman shall have the casting vote, in addition to the vote which he is entitled to as a member of the EC.
  7. Powers of the EC. The EC shall be empowered :-
    1. To fill vacancies occurring in the EC.
    2. To frame or alter the Bye Laws, provided that no Bye Laws shall be framed or any alteration made which is/are inconsistent with the Memorandum of Association. Each new Bye Law and each alteration to the Bye Laws shall be laid before the next GBM for ratification, provided that if the GBM refuses to ratify, the Bye Law(s) or alteration to the Bye Law(s) shall be deemed valid only up to the time of such refusal.
    3. To interpret and construe the Memorandum of Association and the Bye Laws.
    4. To employ and regulate the pay of Club Staff such as the EC may deem necessary for the proper conduct of the business of the Club.
    5. To demand and sue, for the recovery of all amounts due to the Club and to authorize the Honorary Secretary to initiate and defend all legal proceeding in any Court of Law or Tribunal and to sign and execute documents to engage counsels and to do such other acts as may become necessary for the prosecution of the case and execution of documents.
    6. To call upon any member of the Club to pay at any time, his due to the Club, through the Honorary Secretary, by forwarding a Statement of Account to his last known address. Any member, thereafter, whose dues have been outstanding for a period one month or such shorter period as may be determined by the EC, in any individual case, shall be liable to be suspended from all privileges of membership and to have his name exhibited on the Club notice boards. Any member, who has been so suspended and fails to clear the outstanding bill within thirty days from the date of suspension of membership, shall be liable to be expelled and to be have his membership terminated.
    7. To call upon the ‘Proposer’ and ‘Seconder’ of the member, to clear the liabilities of the member proposed/ seconded by them.
    8. To execute the lease of the Club premises or to authorize the Honorary Secretary for the same.
    9. To purchase, sell, hire or loan any properties, furniture, sceneries and theatrical accessories.
    10. To revise the rates for hiring of any part of the Club premises, catering, bar and other charges/ prices.
    11. To select the Plays to be produced, and the casts thereof.
    12. To give on hire, any premises of the Club to any person or persons, on such terms as the EC may decide and to authorize the Honorary Secretary to implement the decision of the EC.
    13. To invest or otherwise to deal with the surplus funds of the Club.
    14. To call upon any member whose conduct is in the opinion of the EC is injurious to the character, interest and harmony of the Club, to resign from membership and if such member fails to do so, to expel him or her from the Club, provided that no such member is called upon to do so unless he or she has been given an opportunity of tendering an explanation to the EC.
    15. To perform any act for proper conduct of the business of the Club, consistent with Memorandum of Association & Bye Laws.
    16. To revise rates of various subscription from time to time.
    17. Club membership may also be terminated by the EC, under the following circumstances :-
      1. A member whose name has been displayed on the Club notice board in the list of defaulters, three times in a year.
      2. A member who has been suspended twice for non clearance of bills in time.
  8. Attendance of EC Meeting
    The details are :-
    1. Any member of the EC who fails to attend three consecutive meetings of the EC may be called upon to resign from the EC.
    2. In case a member or members of the EC cannot attend the three consecutive meetings due to exigencies of service, their absence may be condoned by the EC.
    3. The President and Executive President may, however, at the invitation of the EC, continue to hold office during their absence from Shimla, as also from the Committee meeting.

    ACCOUNTS

    1. Procedure for maintenance of accounts shall be as follows :-
      1. The EC shall cause the accounts to be kept at all times, of amounts received and expended by the Club, of all matters in respect of which such receipts and expenditure take place and of the assets, credits and liabilities of the Club.
      2. The books of the accounts shall be kept at the Club office and, subject to any reasonable restrictions imposed by the EC, shall be open to inspection by the members.
      3. Auditing of Accounts
        1. The accounts of the Club shall be audited at least once in six months by a professional auditor. The auditors shall, at all reasonable times, be given access to all the books and accounts of the Club.
        2. The auditor’s report for the previous year, together with the Annual Balance Sheet and summary of the profit and loss account, shall be laid before the GBM. Copies of each accounts and balance sheet shall be exhibited on the Club notice board minimum 14 days prior to the GBM and shall also be sent on registered e-mail, fourteen days before the meeting, to all Permanent Members of the Club.
    2. Expenditure
      3. Any expenditure beyond the financial power of the Executive President will be done after adopting the following procedure :-
      1. Nature/ scope of work along with Rough Estimate will be put up to the EC for approval.
      2. After approval by the EC, the Purchase Committee so constituted, will do the necessary survey of the market and thereafter finalize the contractor/ vendor.
      3. On completion of the job/ contract/ installation of equipment, the purchase committee will sign on the bills for correctness of scope and nature of work carried out before final payment is made.
      4. No debenture, mortgage, deed, bill of exchange, promissory note, bond or any other instrument purporting to operate as a change upon the movable or immovable property of the Club entered into by the EC, shall be valid unless it is approved on file by the President or on behalf of by the Executive President of the Club.