MEMORANDUM OF ASSOCIATION
- Selection of Chairperson
The President of the Club or in his absence Executive President or Executive Vice President shall take the chair at any GBM/EGBM. In the absence of the aforementioned gentlemen, the members present shall elect any other member of the EC as the President, and if no member of the EC is present, then the members present shall elect one of the Permanent Members to be the President. The President so elected shall have the power, in his discretion to do all acts that may be necessary to ensure the proper conduct of the proceedings of the GBM, in consonance with the MoA, Bye Laws and Rules and Regulations of the Club. He shall be the Chairman of the GBM.
- Discussion/ Agenda at GBM.
Any matter connected with the management of the Club may be discussed at a GBM, provided that no amendment, variation, repeal of addition to this Memorandum of Association shall be made unless notice thereof has been included in the agenda detailed in the notice and a copy of such proposed amendment, variation, repeal or addition has been placed on the Club Notice Board and Club website. The accidental commission to give such notices shall not invalidate the proceedings of the meeting.
- Adjournment & Re-assembly. A GBM may adjourn and re-assemble on a date and time to be fixed at the meeting.
- Passing of Motions & Positions. All motions and propositions shall be put up to vote and passed or rejected by a majority of the members so present and voting at the GBM. In case of any tie or absence of majority, the Chairman of the meeting shall have the right to exercise his casting vote, in addition to any over and above the vote he/she is otherwise entitled to cast as a member of the Club.
- Recording of Minutes. A proper record of the proceedings of such GBM shall be recorded in writing in paged Register/ Record of Proceeding and maintained in the office of the Club by the Honorary Secretary. These minutes/ recordings of the proceedings of the said GBM shall be duly read out and confirmed at the next GBM. The EC shall be absolved from any responsibility in carrying into effect any resolution which has been inadvertently/ incorrectly recorded, provided that the recording of such inadvertently/ incorrectly recorded proceedings of the GBM have been duly notified by being displayed on the Club Notice Board for a period of at least fifteen days. Written objections signed by a minimum of ten members who were present and voted at such GBM, shall be sent to the Honorary Secretary, regarding the inaccuracy/ incorrectness or correctness of the recording of the proceedings(s), which resultantly is/ are not required to be given effect to by the EC. Failing receipt of any such objection from at least ten members, the EC shall be at liberty to ignore the implementation of any such incorrectly recorded proceeding/ decision. However, if any such objection is received from at least ten members, then it shall be mandatory for the EC to convene an EGBM to decided the issue by majority vote by the members present.
- AMENDMENT/ALTERATION OF MEMORANDUM OF ASSOCIATION
- A copy of the Memorandum of Association amended from time to time shall at all times be displayed on Club Notice Board/ made available to members in the Club office. The same will also be updated in the Club Website.
- When it is proposed to alter or add to, any of these clauses, notice of such proposal shall be placed on the Club Notice Board, Club Website and sent to each Permanent Member of the Club at his/ her registered e-mail, together with a copy of the notice, at least 10 days before the date of the GBM.
MANAGEMENT
- Governing Body. EC shall be the Governing Body. The details are :-
- General
The management of the Shimla ADC will be vested in the EC, which shall function as the Governing Body of the Club. The EC shall consist of a President and 10 other permanent members, i.e. five from the Army and five from the civilian members. In addition, the Honorary Secretary will also be a member of the Governing Body.
- Election of EC Members.
All 11 members of the EC shall be elected at the GBM from amongst the Permanent Members only after a prior notification. Only Category ‘A’ Members posted in Shimla are eligible for being elected to the EC, while Category ‘B’ to ’D’ members, who have been members for 10 years as also are based in Shimla, shall be eligible to contest the election to the EC. Above condition shall not be applicable for any permanent member based in Shimla who has tenanted the appt of Hony Secy of the Club for a minimum period of one year. Members offering their names for the new EC will do so through an application to the Honorary Secretary of the Club, before the last date so notified. Any application received after the due date shall not be considered. A formal ballot will not take place if the number of applicants is only up to prescribed vacancies against the defence and civil vacancies. However, the eligibility of being a member of the Club for a minimum period of 10 years shall not be applicable to any member belonging to Category ‘A’. All members belonging to Category ‘A’ shall be entitled to seek election to the EC, irrespective of the period of their membership. In the event that any member of the EC, belonging to Category ‘A’ being posted out, then such vacancy shall be immediately filled in by the EC, which shall by a majority decision to nominate and co-opt the successor of such a posted out individual in his place, who shall thereafter be deemed to have been so elected as a member of the EC with all the necessary attendant rights and obligations.
- Election of President, Executive President and Executive Vice President
The EC shall elect one of its members to be the President of the Club and another to be Executive President. The President will have the discretion to nominate any EC Member as Executive Vice President.
- Appointment of Sub Committees and Nomination of Chairpersons
The EC may appoint any number of Sub Committees for specific purpose(s) for smooth functioning of the Club and nominate any one EC Member as the Chairperson of each such Sub Committee. Five Permanent Members of the Club will be co-opted in each Sub-Committee in case deemed fit. The following sub-committee will normally be constituted :-
- Screening Sub-Committee.
- Renovation and Property Sub-Committee.
- Legal and Disciplinary Sub-Committee.
- Finance Sub-Committee.
- Dramatic Sub-Committee
- Entertainment Sub-Committee.
- Tambola Sub-Committee.
- Cards Sub-Committee.
- Bar and Catering Sub-Committee.
- Each Sub-Committee may formulate its own rules for the purpose of carrying out the duties assigned to it and compliance with these rules will be mandatory. To complete the quorum of any of the above Sub-Committees, a minimum of three members shall be present. However, if any procedure has already been stipulated in the MoA, then the same shall override any procedure proposed to be adopted by the Sub-Committee.