Shimla Amateur Dramatics Club

THE SHIMLA AMATEUR DRAMATIC CLUB (ADC)

MEMORANDUM OF ASSOCIATION - 1986 (AS AMENDED IN 2022)

General

1. The name of the Society is “THE SHIMLA AMATEUR DRAMATIC CLUB”, which was originally registered in 1913 under the Societies Registration Act 1860 (Act XXI of 1860), as amended up to date and/ any other law made applicable to Societies registered under the Societies Registration Act 1860 and is now deemed to be registered under the HP Societies Registration Act 2006.

2. The Registered Office of the Society is located at “The Gaiety Theatre Complex, The Mall, Shimla, Himachal Pradesh”.

3. The objectives for which the Society has been established are as under :-

(a) To promote art, culture and to particularly encourage dramatics.

(b) To provide dramatic representation and other entertainment as a means of instruction and amusement.

(d) From time to time, to utilize any surplus funds, that may be available after meeting all necessary expenses and after maintain a provision of a reserve of funds and properties to meet any contingencies that may arise in future. Also, to assist any charities and towards welfare of civil population & troops which the Governing Body / Executive Committee (hereinafter referred to as the EC) may consider deserving of such assistance.

(e) The acquisition by taking on lease or by purchase or otherwise of buildings and other properties movable or immovable, and the letting, resale, surrender or other disposal of any such property.

(f) To invest in and to deal with the money(s) of the Society/ Club, not immediately required, in such securities/ bank and financial institutions, investments/ deposits, in such manner as may from time to time be determined/ decided by the Executive Committee.

(g) The Society shall also be engaged in the Object of raising money(s) and other resources including receiving donations for the purpose of utilizing the same in order to engage in activities relating to and entertainment and fellowship of the members.

(h) To organise at least 03 (three) plays in one year for which purpose Gaiety Theatre Hall or the Multipurpose Hall shall be made available free of cost by the Director Language, Art & Culture Department, Himachal Pradesh. For this purpose, the earlier mentioned halls/theatre will be made available for a minimum period of one week during the non-functional hours & for three days at the scheduled time of play. In addition to the same, the rehearsal rooms (made for the purpose), shall be made available for one month prior to the staging of each play and for actual dates of performance.

(j) The doing of all such other things as are incidental or conducive to the attainment of all or any of the above objects.

(k) To engage in activities for entertainment and fellowship of the members.

4. Interpretation. In these rules, unless repugnant to the context or otherwise so required, the words or expressions contained in this Memorandum of Association (MoA) shall have and shall bear the same meaning as assigned in the Act, or any statutory modification thereof in force and shall be binding on the Society : -

(a) “ The Act” means the Societies Registration Act 1860 (Act XXI of 1860) or any other law, enacted hereafter to govern the Registration of Societies hereafter.

(b) “The Club” means “The Shimla Amateur Dramatic Club”.

(c) The “General Body” means the Permanent members of the Club present and voting at the Annual General Meeting or any Extraordinary General Body Meeting of the Club.

(d) “ The Seal” means the Common Seal of the Club.

(e) “ The Governing Body” also known as and referred to as the Executive Committee (EC), comprising permanent members of the Club, duly elected, for the management of the Club, by the General Body, in accordance with these Rules and Regulations.

(f) “Permanent Member” means a person who has been elected to become a permanent member of the Club in Category ‘A’ to ‘D’ as described hereinafter.

Patron

5. The President of India shall be invited to become the Patron of the Club. The Executive Committee may, from time to time, invite the Governor of Himachal Pradesh to become the Vice Patron of the Club.

Membership and Classification of Members

6. The procedure to be followed for election of applicants as members of the Club, shall mandatorily be in terms of written document termed as “Membership Standard Operating Procedure (hereinafter referred to as the MSOP)”. The Bye Laws, Rules and Regulations of the Club and the MSOP shall govern and regulate the manner in which the applications for membership are to be made by aspiring members, the processing and considerations of the same, including the recommendations to grant / refuse such membership and also the final grant / refusal of such membership, by the EC.

7. The total number of members of all types and categories and classifications shall be decided by Executive Committee (EC), with the approval of Annual General Body (AGM) at an annual or extra ordinary general meeting. The present authorized number of members in all categories is 1,300 excluding Octogenarian members.

8. Membership. The membership shall be of the following Categories / Classifications :-

(a) Permanent Members with Voting Rights. Permanent membership with voting rights shall be granted under the following Categories in the proportion mentioned against each :-

(i) Category ‘A’ - Serving Defence Officers - 585 (45%)

(ii) Category ‘B’ - Serving All India Central / State / PSU Officers - 195 (15%)

(iii) Category ‘C’ - Retired Defence / Central / State / PSU Officers - 260 (20%)

(iv) Category ‘D’ - All Walks of Life - 260 (20%)

Total - - 1,300 (100%)

(b) Members Without Voting Rights.

(i) Cat ‘E’ (Octogenarian) members, who opt for it.

(ii) Ex-Officio members.

(iii) Green Card Holders.

(iv) Tenure members.

(v) Honorary members.

(vi) Temporary Members.

(vii) NRI Members.

9. Permanent Members with Voting Rights. With a view to maintain the distinctive character of the Club, the EC shall regulate the election of applicants for Permanent Membership of the Club in such a manner, that the proportion of members of the Armed Forces is maintained at not less than 45% (including Group Members). Membership with Voting Rights will be granted to 1,300 gentlemen and ladies who have attained the age of 21 years and are duly elected in accordance with the rules. The details are :-

(a) Category ‘A’. Serving Defence Officers will only be granted membership under this category. This category shall comprise of Group Members & Other Members (Defence). Other Members (Defence) on their superannuation/ retirement from service shall be transferred to Category ‘C’ on availability of a vacancy therein, subject to their applying for such membership on their superannuation/ retirement. They shall be intimated by the Club about the same & accordingly requested to forward their respective PPOs. This category as mentioned hereinabove shall consist of :-

(i) Group Members. The officer member of Officers’ Messes located in Shimla, Jutogh, Kufri, Headquarter Western Command, Headquarter 2 Corps and Headquarter Punjab Haryana & Himachal Pradesh Independent Sub Area shall compulsorily become members of the Club without the requirement of an election. The respective Officers’ Messes shall pay the subscription on lump sum basis, as decided by the EC. Apropos, 410 vacancies as of now as per the posted strength of the unit Officers’ Messes indentified and this minimum number of membership slots, is compulsorily to be kept reserve for them, subject to any increase in the membership of such Officers’ Messes in the future. Any increase in the number of officers in the membership of such Officers’ Messes shall automatically result in the increase in the number of vacancies or membership to be filled in the present category. This number shall vary with the posted strength and is thus approximate. The membership of Group Members shall be terminated on the member being posted out. Group Members can also apply for Permanent Membership at any time as per his/ her desire. However, at no stage can a member hold membership in two categories.

(ii) Other Members (Defence). Balance vacancies in this category can be utilized by other defence officers. Preference shall be accorded to officers belonging to Shimla/its vicinity. The membership shall be granted to them subject to their fulfilling the criteria in terms of the “MSOP” as applicable to Permanent Membership with voting rights.

(b) Category ‘B’. Only serving All India Central/ State/ PSU officers, who are Head of their respective Department (s)/ Undertaking(s), alone shall be granted membership under this category. These members on their superannuation/ retirement shall be transferred to Category ‘C’ on availability of vacancy therein. They shall be intimated by the Club about the same & accordingly requested to forward their respective PPOs.

(c) Category ‘C’. All retired Defence Officers and the specified category of All India Central / State/ PSU Officers of status may apply for membership under this Category. However, preference shall be accorded to officers having a permanent residence in Shimla/its vicinity, to be evidence by the production of an Aadhaar Card, Voter ID Card or holding a duly registered ‘Lease Deed’.

(d) Category ‘D’. Eminent/ Prominent Persons from various Professions such as Doctors, Lawyers, Architects, Engineers, Chartered Accountants and Financial Consultants/ Financial Advisors etc. Corporate Heads/ Directors of Reputed Public Limited Companies, incorporated under the Companies Act, shall also be eligible. However, the grant of membership under this category shall be subject to the condition that an applicant mandatorily has a permanent residence in Shimla, to be evidenced by the production of an Aadhar Card, Voter ID Card or holding a duly registered ‘Lease Deed’.

Concessions

10. Outstation Members.

(a) Outstation Membership will be given only to those permanent members who are posted out of Shimla by nature of their duty, for which they will produce proof of transfer. On reversion back to Shimla or on retirement, they will cease to be outstation members. These members shall be charged 75% of the full monthly subscription as decided by the EC from time to time.

(b) Permanent members who are posted out from Shimla may apply for outstation membership. However, it is clarified that only serving Defence/ State/Central Govt Officers who have to go out of Shimla due to exigency of service/ transferred/ posted out shall be granted Outstation Membership.

(d) These members will also continue to enjoy their voting rights.

11. Senior Citizen. This is a concession available only to those members who have been permanent members of the Club for a minimum of 10 years and have attained the age of 70 years. This concession is to the extent of 50% of the monthly subscription.

12. Dependent (s). Dependent(s) of the members in Category ‘A’ to ‘D’ as defined herein below shall be entitled to have the following concessions and entitlement(s) to use the facilities of the Club as detailed below:-

(a) Spouse Membership. The spouse of the member shall automatically be entitled to enjoy all the privileges, benefit and facilities of the Club. However, no voting rights shall be available to the spouse and no additional subscription shall be required to be paid for the spouse by the said member. Spouses of posted out Group Members, who continue to reside in Shimla shall be entitled to avail of the Club facilities, subject to payment of initial deposit, monthly subscription and other recurring charges. Such entitlement shall stand automatically terminated on completion of one year and extendable to a maximum of two years, if applied by the posted-out Group Member on completion of the first one year.

(b) Transfer of Membership. In the event of demise of the Permanent Member, the membership shall be transferred to the spouse with complete voting rights and other privileges and benefits if he/she applies for the Permanent Membership. The vacancy will be against the vacancy of the demised permanent member by paying of difference of security deposit between the current rate & old deposit. This shall not be applicable to Group Members in Category ‘A’.

(c) Dependent (s). Dependent(s) shall mean children of permanent members, i.e. son(s) and daughter(s) of Permanent Members belonging to Categories ‘A’ to ‘D’ between the ages of 14 to 21 years and unmarried daughter(s) dependent on the parents. The member concerned shall apply for their dependent card(s) and shall pay the dependent fee before the dependent(s) are allowed to utilise the Club facilities. However, children below the age of 14 years shall be entitled to utilise the Club facilities, provided they are accompanied by their parent(s). Such children shall not be required to carry a dependant card.

(d) Green Card. The dependent son(s) and unmarried daughter(s) of the Permanent Members belonging to Categories ‘A’ to ‘D’ shall be eligible for the grant of Green Card on attaining the age of 21 yrs (but not more than 25 yrs) against payment of full monthly subscription and payment of other charges including deposit of security, subject to the following :-

(i) The Green Card once allotted in the case of son(s) will be valid only up to the age of 30 years. On attaining the age of 30 years, the validity of the Card will terminate automatically. Thereafter, the Green Card holder shall not be entitled to utilise the facilities and amenities of the Club in his/ her independent right.

(ii) A’ Green Card’ will be issued only when a written request is received from the parent members and can be withdrawn on the request from the parent members.

(iii) A Green Card holder shall not have any voting rights and the Green Card privileges will cease to be available to the holder, the moment the membership of his parent ceases or terminated.

(iv) Not more than 100 such Green cards will be issued. The allotment will be on “First come first Issued” basis.

(v) If the Green Card holder attains independent status, he/ she will be eligible to apply for Permanent Membership.

(vi) Green card holders will be allowed to utilise Club smart card issued in their name but the responsibilities for keeping the Club smart card charged with adequate amount will be that of the parents.

(vii) It shall be the primary obligation of the Permanent Member to make payments of the dues of the Green Card holder. If the dues pertaining to the Green Card holder are not paid by the member, the same shall automatically result in the withdrawal/ termination of the Green Card and the attendant facilities, but shall also result in the termination of the membership of the parent concerned. However, such membership shall be liable to be terminated only after such member has been served with a written notice by registered post, calling upon him/ her to clear the aforementioned bills and on his/ her failure to do so.

(viii) Green Card holders applying for Permanent Membership will be accorded preference for grant of membership provided they fulfill the criteria for the category in which they have applied.

(ix) On being granted permanent membership, the difference of subscription, i.e., security deposit and entrance fee, depending upon the category applicable, will be paid.

13. Members without Voting Rights. Grant of Membership without Voting Rights is a privilege which may be conferred upon an individual by the EC. This membership is over and above the full authorized membership strength. There shall be no limit on the number of members in this Category. Individuals can be granted Membership without Voting Rights under the following categories :-

(a) Cat ‘E’ (Octogenarian). The following conditions shall govern the grant of membership in this Category:-

(i) Members who have been permanent members of the Club for 20 years and have attained the age of 80 years & above will be shifted to Cat ‘E’ membership, except for those members, who express their desire in writing (within two months of them being intimated by the Club of the said transfer) to continue in their original Category of membership with all voting rights.

(ii) They will continue to enjoy all the facilities available to any other permanent member of the Club.

(iii) They will not be required to pay monthly subscription, however will continue to pay Cover and Event Charges as decided by the EC.

(iv) However, those Octogenarian Members who wish to remain in their original category and to retain their voting rights and do not wish to be shifted to Category ‘E’, will have to pay 50% of the monthly subscription (on six month basis) and other charges as applicable.

(b) Ex-Officio Membership. This membership will be offered without calling for any application money / entrance fee/security deposit/mandatory monthly/annual club subscription. These members shall NOT have any voting rights. The following may be invited by the EC to be ex-officio members after due approval of the General Body through AGM :-

(i) The Chief Secretary to the Government of Himachal Pradesh and Additional Chief Secretary /Principle Secretary, Department of Language Art and Culture to the Govt of Himanchal Pradesh, will be made ex Officio members of the Club for the duration of their tenure only and till such time they are holding such post. On their ceasing to hold the said office, the Ex-Officio Membership and privileges attached thereto shall stand withdrawn automatically.

(ii) Any other such person who in the opinion of the EC, would be able to further the activities or advancement of the Club or would be beneficial to the Club. The membership to such person shall be granted for a maximum duration of two years.

(c) Honorary Membership. The following may be invited by the EC to be Honorary Members of the Club and will not be required to pay Club monthly subscription or called upon to deposit any application money/ security deposit :-

(i) Ex President and Ex Executive President of the Club.

(ii) Only such Army Officer Members who have served as the member of EC of the Club for a minimum period of one year. Such Honorary Membership shall be conferred only on the transfer of the individual concerned from Shimla. A person who has although served in EC for a period of one year but settled down in Shimla, will not be granted Honorary Membership. Further, An Ex Honorary member, who subsequently settles down in Shimla shall cease to be an Honorary member of the Club. However, they can become permanent members, with voting rights, by paying the security money and monthly subscription as applicable. They will not be required to pay the entrance fee.

(iii) Distinguished gentlemen and ladies/ eminent persons of fame and acclaim of State and National stature, with a background in fine arts, culture and dramatics and/ or whose association is likely to be advantageous to the Club in the opinion of the EC.

(iv) Gentlemen and ladies who are members of recognized and reputed professional or amateur theatrical groups during the period of their stay in Shimla, not exceeding a maximum period of one month in any given calendar year.

(d) Temporary Membership. Temporary Membership of the Club will only be granted for a specified duration against specified subscription to defence/ central/ state/ PSU officers/ other prominent personnel of status in accordance with the following procedure:-

(i) One to Three Week (s) / One Month. By Honorary Secretary.

(ii) Three Months. Temporary Membership for a period exceeding one month and upto a maximum period of three months will be granted to an applicant, subject to election / approval of the candidature of the applicant by the EC. The period of three months for Temporary Membership can be reviewed and extended by the EC as deemed fit by it on a written application from the desirous applicant. A candidate for election as a Temporary Member of the Club, shall be ‘Proposed’ by one and ‘Seconded’ by another Permanent Member of the Club. However, it is specifically provided that no member of the EC shall ‘Propose’ and/ or ‘Second’ any candidate.

(iii) Padma (Distinguished) & Chakra Series (Gallantry) Award Winners . They can use the facility of the Club whenever they visit Shimla. The facility will be extended to the recipient(s) & their spouse(s) subject to fulfilling criteria as laid down in the Club rules. This is an acknowledgement of their contribution(s) to the Nation.

(iv) It is specifically stipulated that no Temporary Member shall be entitled to invite, introduce or entertain any guests in the Club. However, minor children below the age of 18 years of any Temporary Membership, shall be entitled to use the Club facility and amenities of the Club, as long as they are accompanied by one parent.

(v) Defence Service Officers, visiting Shimla, on leave/temporary duty, may become temporary members on payment as notified by the Club management. This facility may also be extended to the retired Defence Service Officers.

(vi) Nursing Officers of the MNS, stationed at Shimla /Jutogh/ Kufri may become group members on payment as applicable to other serving officers of Armed Forces Officers’ Messes.

(e) Tenure Membership. The members under this category shall be required to pay full monthly subscription and other charges , as applicable Section procedure shall be as under:-

(i) On receipt of an application from the individual, the Executive Committee may grant tenure membership to Service/Govt officers (to officers of Group A services after having completed minimum of five years of service and State Govt Officers after having completed minimum of 12 years of service), who get posted to Shimla or are on transferable jobs, for a period not more than two years and extendable by one year. The persons holding tenure membership will neither be counted against the specified vacancies for that category nor will enjoy the voting rights. The responsibility to inform the Club with respect to their transfer out of Shimla shall be that of the member itself. The monthly subscription shall continue to be levied till such time the tenure member informs the Club with respect to his transfer out from Shimla. Membership will be terminated on being posted out of Shimla/on retirement.

(ii) On receipt of an application from the individual along with recommendation of the Additional Chief Secretary /Principal Secretary, Department of Language, Art and Culture of Himachal Pradesh, six officers of the rank of Additional Chief Secretary/ Principal Secretary posted in Shimla, may also be granted tenure membership for a period not more than two years and extendable by one year on specific recommendation from Additional Chief Secretary /Principal Secretary, Department of Language, Art and Culture of Himachal Pradesh, for such member(s). Membership will automatically stand terminated on such tenure member being posted out of Shimla/on retirement.

(f) NRI Members. EC at its discretion may approve of the grant of membership to such individuals, belonging to the aforesaid classification, on receipt of an application and laid down screening procedure. The membership shall be granted for a maximum of two years (and extendable by one year on receipt of application from such member(s)), subject to deposit of such security, non refundable entry fee of rupees five lakhs, other charges and payment of such monthly subscription, as decided by the EC. These members shall not enjoy voting rights. Under no circumstances, such individual shall be granted any further term of membership under this category after expiry of the first term. On termination of membership, NRI members would need to apply again for fresh membership. No waiver in the above conditions shall be given unless ratified in the AGM.

Withdrawal/ Resignation/ Termination

14. Procedure of withdrawal/ resignation/ termination from Club membership shall be as follows :-

(a) Any member desirous of withdrawing from the membership of the Club or resigning from such membership, shall give a notice in writing to the Honorary Secretary expressing his/ her intention to withdraw his/ her membership from the Club. On receipt of such application/ request, his/ her name shall be removed from the list of members, from the date of receipt of such notice, provided that all dues/ liabilities payable to the Club have been paid/ cleared. However, the acceptance of such resignation/ withdrawal from the membership of the Club shall in no manner extinguish the financial liability of the member towards the Club. He/ she shall continue to remain liable to pay/ clear the same despite such resignation.

(b) In addition, the membership of a member and/ or his spouse, shall be terminated and he/she shall cease to be a member of the Club in any one of the following eventualities :-

(i) On his/ her being adjudicated insolvent.

(ii) On his/ her being dismissed from Government Service.

(iii) On his/ her being found guilty by a Competent Tribunal Court of Law of an offence, involving any major/ serious misconduct or moral turpitude.

(iv) On his/ her failing to pay / clear his Club bills/ dues despite having been duly called upon in writing to do so within the period specified in such written demand/communication. Notice of one month shall be given to the member to clear the outstanding Club bills, and thereafter the due bills shall be deducted automatically from the security deposit of the member held with the Club. Hereinafter, on deduction of 75% of the security deposit towards the outstanding bills of the Club, if the member still does not recoup the security deposit within one month of such deduction from his/her security deposit, their membership shall be terminated automatically. A persistent and habitual defaulter shall also be liable to have his/ her membership terminated, if such defaults take place more than twice in any one given financial year.

(v) By decision of a majority vote of the members present at the EC Meeting, at which not less than five members shall be present and for any reasons deemed fit by the said quorum which in its opinion may be detrimental to the reputation and standing of the Club.

GENERAL BODY MEETINGS

15. General Body Meeting (GBM). The holding and procedure of a General Body Meeting (hereinafter referred to as the GBM) shall either be Annual or Extraordinary. The details are as under :-

(a) AGM. There shall be one Ordinary General Body Meeting called the Annual GBM (AGBM) in each year. The AGM shall be held at the registered office of the Club in the Gaiety Theatre Complex preferably, subject to its availability, or at any other suitable location as decided by the EC.

(b) Extraordinary General Body Meeting (EGBM).

(i) An EGBM shall be called by a resolution of the EC and mandatorily presided over by either the President or Executive President of the Club.

(ii) It may also be called on receipt of a written request signed by at least fifty Permanent Members and addressed to the Honorary Secretary of the Club, provided that such a request shall state the reasons for calling the meeting and shall be accompanied by the proposal to be placed before it. Such EGBM shall be held within one calendar month from the date of receipt of the request and shall deal only with the said matter.

(c) Notice. The date and time for holding any AGM / EGBM shall be advertised, at least fifteen days before the date of the meeting in newspaper(s), in general circulation in Himachal Pradesh, Haryana and Punjab. A copy of the advertisement shall be simultaneously displayed on the Club Notice Board and the Club Website. An intimation will also be sent to all the permanent members through their registered mobile numbers and /or registered e-mails with the Club.

(d) Voting. Every Permanent Member shall be entitled to attend and/ or vote at any GBM. Any member whose dues to the Club have been outstanding for a period of two months or more, shall not be entitled to attend or vote at such a meeting. Each Permanent Member shall be entitled to one vote. A spouse of a Permanent Member shall not be entitled to vote (but he/ she may carry a proxy from the Permanent Member who is not present and exercise his/ her voting right on his/ her behalf).

(e) Quorum. The Quorum shall be as per the law and rules applicable at the relevant time. Keeping in view the categories of the Permanent Membership and their dispersion across the country, 100 Permanent Members present in person shall constitute the quorum for any GBM.

(f) 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.

(g) 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.

(h) Adjournment & Re-assembly. A GBM may adjourn and re-assemble on a date and time to be fixed at the meeting.

(j) 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.

(k) 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.

16. Amendment/Alteration of Memorandum of Association .

(a) 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.

(b) 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

17. Governing Body. EC shall be the Governing Body. The details are :-

(a) 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.

(b) 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.

(c) 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.

(d) 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 :-

(i) Screening Sub-Committee.

(ii) Renovation and Property Sub-Committee.

(iii) Legal and Disciplinary Sub-Committee.

(iv) Finance Sub-Committee.

(v) Dramatic Sub-Committee

(vi) Entertainment Sub-Committee.

(vii) Tambola Sub-Committee.

(viii) Cards Sub-Committee.

(ix) Bar and Catering Sub-Committee.

(x) 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.

(e) Nomination of Honorary Secretary. 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.

(f) 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.

(g) Holding of Office by EC. The 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.

(h) Eligibility to Continue to Serve on the EC. 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.

(j) Resignation by/ Posting Out of an EC Member. 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.

(k) Conduct of EC Meeting. Procedure for conduct of EC Meeting shall be as follows :-

(i) 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.

(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.

(iii) 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.

(l) Powers of the EC. The EC shall be empowered :-

(i) To fill vacancies occurring in the EC.

(ii) 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.

(iii) To interpret and construe the Memorandum of Association and the Bye Laws.

(v) 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.

(vi) 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.

(vii) 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.

(viii) To call upon the ‘Proposer’ and ‘Seconder’ of the member, to clear the liabilities of the member proposed/ seconded by them.

(ix) To execute the lease of the Club premises or to authorize the Honorary Secretary for the same.

(x) To purchase, sell, hire or loan any properties, furniture, sceneries and theatrical accessories.

(xi) To revise the rates for hiring of any part of the Club premises, catering, bar and other charges/ prices.

(xii) To select the Plays to be produced, and the casts thereof.

(xiii) 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.

(xiv) To invest or otherwise to deal with the surplus funds of the Club.

(xv) 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.

(xvi) To perform any act for proper conduct of the business of the Club, consistent with Memorandum of Association & Bye Laws.

(xvii) To revise rates of various subscription from time to time.

(xviii) Club membership may also be terminated by the EC, under the following circumstances :-

(aa) A member whose name has been displayed on the Club notice board in the list of defaulters, three times in a year.

(ab) A member who has been suspended twice for non clearance of bills in time.

(m) Attendance of EC Meeting. The details are :-

(i) Any member of the EC who fails to attend three consecutive meetings of the EC may be called upon to resign from the EC.

(ii) 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.

(iii) 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.

FINANCE

Accounts

18. Procedure for maintenance of accounts shall be as follows :-

(a) 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.

(b) 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.

(i) 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.

(ii) 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.

19. Expenditure. Any expenditure beyond the financial power of the Executive President will be done after adopting the following procedure :-

(a) Nature/ scope of work along with Rough Estimate will be put up to the EC for approval.

(b) After approval by the EC, the Purchase Committee so constituted, will do the necessary survey of the market and thereafter finalize the contractor/ vendor.

(c) 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.

(d) 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.

20. Subscriptions. Rates of Entrance fee/ Security deposit and Subscription shall be subject to revision by the EC, from time to time.

21. Credit Facility. A permanent member may utilise the credit facility in the Club up to the monetary limit as laid down by the EC from time to time. Once this limit is reached, credit facilities of the member concerned shall be stopped.

22. Billing. The billing in respect of the members will be on a six monthly basis and will be as follows:-

(a) Permanent Members less Group Members. In respect of Permanent Members except Group Members, the six monthly bills up to 31 ^st March and 30 ^th September, shall be presented to the members by the 5 ^th of April and 5 ^th of October respectively. The bills shall be paid by 20 ^th of April & 20 ^th of October respectively.

(b) Group Members. In respect of Group Members, the monthly bills up to last day of the previous month, shall be presented to the respective Officers’ Messes by the 5 ^th of each month.

(d) Penalty for Late Payment. In case any member fails to pay his/ her bills by the due dates, a penalty of twenty percent of his/ her total bill shall be charged monthly or part thereof for delay in payment and his/ her name shall also be displayed on the Club notice board, in the defaulters list.

23. Cover Charges.A Cover charge shall be payable by every permanent member of the Club, in accordance with the amount so decided and determined, from time to time by the EC, at its sole discretion and thereafter so notified, by displaying the decision on the Club Notice Board to the members of the Club. Accordingly, every Permanent member of the Club shall be thus liable to deposit/ pay in advance the aforementioned mandatory Cover charge(s) with the Club, which shall cover and ensure the minimum expenditure to be incurred by him/ her over a period of every six months exclusively towards the use of the Bar and Catering facilities being offered/ provided by the Club. However, this clause shall not be applicable in the case of Group Members belonging to Officers’ Mess located at Ambala and Chandimandir. This Cover Charges amount so deposited/ paid in advance by the member, shall be credited to the member’s account after ascertaining that his/ her expenditure in the Club for the said duration has exceeded the amount of Cover charges liable to be paid by him/ her irrespective of the fact that he/ she has not used the aforesaid bar and catering facilities of the Club in the preceding period of six months. However, if the expenditure incurred by the member in the aforesaid period of six months, is in excess of the aforementioned and stipulated Cover charges so determined by the EC, then he shall be entitled to have the Cover Charges so paid by him credited to his account. Provided, however, that in case the member fails to incur an expenditure more than the Cover charges so stipulated, then in that case, the Cover charges so deposited shall stand forfeited in favour of the Club and the member concerned shall not be entitled to any refund or credit for the same.

24. Event Charge. No standing charge for any event (s) conducted at/by the Club is/are to be levied. However, on special occasions or for special events, an Event Charge, to be determined and decided from time to time by the EC for a particular event, may be charged from only those members who wish to subscribe/attend that particular event. The guest charges for an event may also be determined by the EC on case-to-case basis. No event charges will be deducted across the board for all members.

25. Power to make Bye Laws, Rules/ Regulations and Standing Operation Procedures . The EC of the Club may by a majority decision, recorded in writing, frame and make Bye Laws, Rules and Regulations and Standing Operating Procedures for carrying out and achieving the objectives and purpose of the MoA. However, such Bye Laws, Rules and Regulations and Standing Operating Procedures shall be subject to the approval of the GBM and shall come into effect from the date that the same are so approved and adopted by the GBM or from any other date as may be determined or decided by the GBM.

Place : Shimla Sd/xxx

(RK Sharma)

Dated : 17 July 2022 Brigadier

Honorary Secretary

SHIMLA AMATEUR DRAMATIC CLUB (ADC)

BYE LAWS 2022 (REVISED)

1. The Shimla Amateur Dramatic Club was originally registered in 1913 under the Societies Registration Act 1860 ( Act XXI of 1860) as amended upto date and/ any other law made applicable to societies registered under the 1860 Act and is now deemed to be registered under the HP Societies Registration Act 2006.

SECTION I

FORMULATION OF THE BYE LAWS

2. Under the provision of the Memorandum of Association of the Shimla Amateur Dramatic Club (ADC), the Executive Committee (EC) hereby frames the Bye Laws given in the succeeding paragraphs for facilitating the administration, working of the affairs of the Club, and as also for regulating the affairs concerning Members, dependents of members, guests & staff of the Club. The Bye Laws shall come into force with effect from 17 July 2022.

3. Formulation of Bye Laws. In case of any difficulty in implementation/ interpretation of these Bye Laws, the decision of the President Shimla ADC shall be final.

4. The Shimla ADC, Bye Laws (Revised 2008) are hereby superseded.

SECTION II

GENERAL INFORMATION

5. Club Timings. The Club shall remain open daily from 11.00 AM to 10.30 PM during summers (April to October) and from 11.00 AM to 10.00 PM during winters (November to March). The timings, however, may be altered due to administrative reasons after giving due notice. The Bar timings will be as under:-

(a) 1200 – 1400 hrs during Summers and Winters.

(b) 1900 – 2130 hrs during Winters (November to March).

6. Extension of Timings. On special occasions, Club may be kept open for two hours beyond the normal closing hours or as specified by the EC.

7. Dealing with Club Staff.

(a) Members shall not abuse any of the Club Staff or use violence. In the event of a member having occasion to find fault with any staff of the Club, a report of the case may be made verbally or in writing to the Honorary Secretary who will either deal with the case or refer it to the EC as may be considered necessary. Complaints/ suggestions may also be entered in the register kept in the Club office/ reception desk.

(b) Club employee will not be sent on any errands or otherwise withdrawn from the general service of the Club by any member except by an office bearer in the interest of the Club.

(c) No member or dependent shall give any tip to any Club Staff. Club staff is forbidden to solicit or accept tips else they shall be liable to instant dismissal. Green Room Sale at the rate of 10% for each serving in the Club has been catered for this purpose. A member wishing to give a tip may place the same in the Tip Box kept at the reception.

8. Breakages. Full value shall be charged for all the breakage of the Club property by the members, their dependants/ guests or the Club Staff. If any breakage in the opinion of the EC is willfully made, up to six times the value may be charged.

9. Notice Board. Any notice for displaying on the Notice Board of the Club shall be sent to the Honorary Secretary and initialed by him before being displayed. A notice shall not ordinarily be left on the Notice Board for more than 20 days. Notice from members shall be displayed free of cost.

10. Payment of Club Dues. Payment of Club dues will be made by crossed cheque/ demand draft/ online. No cash payment is to be made. Charging of Smart Cards will also be done by cheque/ debit card/ credit card only.

11. Transaction in the Club. No cash transaction is permitted in the Club. Each Permanent/ Temporary Member will be issued a Club Smart Card for self & dependents bearing membership number, which shall be charged online at the reception. This same smart card is to be utilized for carrying out transaction in the Club.

12. No member, official or member of the staff is authorized to enter into an agreement or to incur any expenditure or in any other way bind the Club, unless expressly authorized to do so by a resolution of the EC, properly recorded in writing.

13. Ignorance of Club Bye Laws shall not be accepted as an excuse. Any member who violates any Bye Laws shall be liable to action in accordance with Memorandum of Association as deemed fit by the EC. Copies of Bye Laws may be obtained from Club office on payment at the laid down rates.

SECTION III

MEMBERSHIP AND CLASSIFICATION OF MEMBERS

14. Membership and Classification of Members shall be governed by the Articles at Para 6 to 13 of the Memorandum of Association (amended in July 2022) of Shimla ADC.

15. Reciprocal Membership with Affiliated Clubs (as approved by the AGM) . Members may avail of the facilities extended by the respective Clubs on reciprocal basis. The list of affiliated Clubs will be notified from time to time by the Honorary Secretary. Presently, Shimla ADC has reciprocal membership arrangement with Kasauli Club (HP), MB Club Lucknow (UP), Bareilly Club, Bareilly (UP) and Wheelers’ Club Meerut (UP). The reciprocal members from the affiliated Clubs who when visiting Shimla wish to avail of the facilities of the Shimla ADC shall produce their Membership Card, to enable them to use facilities of Shimla ADC. Members on reciprocal basis shall not use the Club for more than ten days in any one month. All reciprocal members and temporary members when using the Club shall be expected to abide by the Bye Laws of the Club. Any infringement of the Bye Laws of the Club, by any such member shall render him/ her liable to be stopped from making use of the Club any further, on orders of the Honorary Secretary or any member of the EC. Reciprocal members, before using the Club, shall inform the Club office in writing about their visit and its likely duration.

Procedure for Grant of Membership

16. Membership SOP (MSOP). Membership for the Club shall always comprise of 80% Govt Service (including defence) Officers & balance 20% from other walks of life. The election of members shall be governed by the procedure contained in the MSOP. The same is available with the Honorary secretary. The newly awarded membership shall remain provisional for a period of one year from its grant.The salient details are as enumerated in succeeding paragraphs.

17. Application Form. An individual desirous to become a Permanent Member of the Club in any of the four Categories (A, B, C & D) will obtain an Application Form from the Club after paying an amount of Rs 11,800/- (including Rs 1,800/- GST, as effective currently and subject to changes instituted by Govt from time). No new applicants are permitted for Cat E (Octogenarians).He/she will submit their application duly filled and signed along with the indicated documents as per the prescribed format. Gentlemen and Ladies who have attained the age of 21 years are duly elected in accordance with the Club rules. A candidate for election as a permanent member of the Club, shall have to be ‘Proposed’ by one permanent member of the Club (with a minimum of 10 years standing as permanent member of the Club) and ‘Seconded’ by three other permanent members (with a minimum of five years standing as permanent member of the Club). However, the Group Members can propose / second after one year of their standing membership. Members of the EC shall not ‘Propose’ or ‘Second’ a candidate. The applicant shall state the permanent name, age, address (temporary & permanent), profession and such other information as the EC may require. It shall also contain a declaration that if elected, the candidate agrees to become a member of the Club, and to be bound by the Memorandum of Association and the Bye Laws of the Club. The following security money is required to be paid along with the application form :-

(a) Category A - Defence Service Officers (except Group Members) - Rs 50,000/-

(b) Category B - Serving All India Central/ state Govt/ PSU Officers - Rs 50,000/-

(d) Category D - All Walks of Life - Rs 1,00,000/-

Notes.

(i) In case the applicant is not found eligible for permanent membership, the security money shall be returned along with the letter of regret.

(ii) Group Members shall deposit a security money of Rs 3,000/- or as may be determined by the EC from time to time.

(iii) The amount of application money, security money, entrance fee and subscription etc for permanent membership shall vary from time to time in accordance with the decision of the EC.

18. Initial Scrutiny. The Honorary Secretary will scrutinize all the applications within seven days of their receipt. He will check the following :-

(a) Completion of all indicated columns.

(b) Submission of requisite documents or their photocopies thereof duly attested by an authorized person.

(d) Correctness of the bank draft submitted.

(e) After scrutiny, the Honorary Secretary will endorse the applicant’s name (category-wise) in the New Applicant Register being maintained in the Club office. The endorsement date will be same as the date of acceptance of the application, in case found fit by the Honorary Secretary in his scrutiny. The seniority so obtained in the register will be considered as the seniority for consideration for grant of membership. The applications found incomplete shall be rejected and the same shall be intimated to the applicant. No seniority will be accorded to such rejected applications.

19. Scrutiny by Screening Sub-Committee. Applications of salaried class of officers of Govt or Semi Govt undertaking and those running private enterprises should be considered to see that they do not convert the Club into a place for building ‘public relations’ with their clients for promotion of their personal or business interests.

(a) Composition of Screening Sub-Committee. Screening Sub-Committee is headed by Executive Vice President Shimla ADC. It shall comprise of five EC members and a maximum of two permanent members in the advisory capacity. These two permanent members in the advisory capacity shall be nominated by the Honorary Secretary on directions of Chairman Screening Sub-Committee.

(b) Periodicity of Meeting. This meeting shall be normally convened on receipt of a minimum of 10 applications in total of all categories. Special meeting can also be organized in the event of occurrence of large number of vacancies.

(b) Broad Guidelines.

(i) The Screening Committee shall go through the details submitted by the applicants through the application form in a standalone mode and carry out detailed deliberations with respect to each applicant with a view to ascertain his/ her suitability for election as a member. It shall verify the details provided & assess his/ her likely contribution to the Club. Due weightage may be accorded to applicants who submit a proof of them having participated in dramatic activities.

(ii) The Screening Sub Committee will deliberate upon and decide the number of applicants to be considered for the grant of permanent membership in each category. All vacancies should not be filled in by the current EC.

(iii) Only suitable number of applicants (along with spouse) from each category be called for interaction with the Screening Sub Committee at staggered timings in the Club.

(iv) The names of applicants found suitable by the Screening Sub Committee be forwarded to the EC for its approval as per the stated procedure.

(v) The views / counterviews of the individual members of the Screening Sub Committee on each of the applicants should be kept confidential and disclosed to only the Chairman Screening Sub Committee /Executive Vice President of Shimla ADC.

(d) Specific Cat wise Guidelines.

(i) Cat ‘A’. It shall scrutinize the officer’s particulars from the Application (earlier Service Record) & spoken reputation. Group Member can only apply for Permanent Membership on posting out after two years of them being a Group Member. Preference shall be given to those having residence in / in vicinity of Shimla.

(ii) Cat ‘B’. It shall scrutinize the officer’s Application (earlier Service Record) & spoken reputation. All India Central/ State Govt/ PSU officers posted to Shimla for a tenure will be made tenure member initially as per the Club rules.

(iii) Tenure Membership. Members can apply for Permanent Membership after them completing four years as a Tenure Member. Preference shall be given to those having residence in / in vicinity of Shimla. The following level of officers will only be considered:-

(aa) Central/ State Govt - IAS/ IRS/ IPS/ HAS/ HPS/ other Govt/ State Cadre.

(ab) Judiciary - Judges of High Court & above.

(ac) Engineers (Govt) - Chief Engineer/ Senior Superintendent Engineer.

(ad) Doctors (Govt) - Professors/ HODs & above.

(ae) Univ/ College (Govt) - Professors/ HODs & above.

(iv) Cat ‘C’. It shall be same as Cat ‘A’ & Cat ‘B’, as applicable.

(v) Cat ‘D’. It shall scrutinize the applicant’s record & spoken reputation. This category is only applicable to those having residence in and in vicinity of Shimla . The following level of applicants will only be considered:-

(aa) Doctors, Engineers, CAs and Lawyers etc with minimum 15 years of good public standing.

(ab) CEOs, Presidents/ Vice Presidents of recognized/ reputed companies.

(ac) Due cognizance & weightage to those from noble profession may be given.

(e) Conduct of Proceedings. The list of applicants being screened will be displayed at the Club Notice Board & Club Website 15 days prior to the conduct of the proceedings. Post conduct, a list of applicants required to be invited for ‘At Home’ shall be displayed on the Club Notice Board 15 days prior to the conduct of the proceedings.

20. At Home. At Home is the next step in the selection process wherein the applicants along with their spouses are invited to interact with all the EC Members thus providing an opportunity to assess their suitability as a Club member. It is by no means a guarantee of grant of Membership. ‘At Home’ is part of selection procedure and being called for it, does not imply that the Applicants have been selected and it is not a Welcoming Ceremony.

(a) The applicants will be invited for ‘At Home’ by the Honorary Secretary as per the finalized list provided to him. The communication of the same will be done by means of a letter, SMS & E-mail. Applicants on receipt of communication are requested to respond immediately. Lack of response would lead to missing out the first of the two ‘At Home’ opportunities available to the applicant.

(b) Two chances shall be provided to each applicant to present him/ her for ‘At Home’, failing which the same will be construed as unwillingness to become a member. It is mandatory for the applicant to attend ‘At Home’ with his/ her spouse. Failure to ensure attendance of spouse will lead to forfeiture of a chance.

21. Final List of Elected Members. The final list of elected applicants shall be promulgated through the Club Website & Club Notice Board. Honorary Secretary will communicate the same by letter, SMS & E-mail to each elected applicant.

22. Grant of Membership. EC will be the final authority for confirming the membership and No reason is to be ascribed for non election of an applicant. The membership shall remain provisional for one year from date of issue of letter post which it shall be confirmed. The EC will have the sole discretion to nominate or reject an applicant for permanent membership on account of extra ordinary reasons in writing which the EC shall determine on the merit of each case, even if he/ she fulfills the laid down guidelines.

23. Action by Elected Member. On receipt of confirmation, necessary action will be taken by each applicant to complete the documentation process, including deposition of the following non-refundable entrance fee amount or as revised by the EC from time to time, within 15 days of grant of provisional membership:-

(a) Categories ‘A’, ‘B’ & ‘C’ - Rs 50,000/- plus taxes as applicable.

(b) Category ‘D’ - Rs 1,30,000/- plus taxes as applicable.

(c) The Applicant will render a certificate within one month of being given provisional Permanent Membership that he/ she has familiarized with the history, heritage, customs, norms and etiquettes of the Club and undertakes a promise/ oath that he/ she will ensure strict compliance to the above, failing which his/ her Membership can be reviewed for continuation.

(d) Applicant elected for permanent membership of the Club is not permitted to make use of the Club unless invited to do so by the Honorary Secretary.

(e) Every new permanent member shall enter his / her particulars on the membership book kept in the Club and obtain the membership card.

SECTION IV

DEPENDENTS / GREEN CARD HOLDERS

24. Dependents and Green Card holders shall be governed by the Article at Para 12 of the Memorandum of Association (amended in July 2022) of Shimla ADC.

SECTION V

GOVERNING BODY

25. The Executive Committee (EC), under the authority of the Memorandum of Association (MOA) of the Shimla ADC shall be the Governing Body and shall be governed by the Article at Para 17 of the Memorandum of Association (amended in July 2022) of Shimla ADC.

SECTION VI

GUESTS

26. Persons who are not dependent on members will be termed as guests.

27. Permanent members shall only introduce guests into the Club. No guests shall be entertained in the Club unless the member accompanies them.

28. The permanent members bringing guests to the Club shall enter their particulars in the Guest Register, without which the guests shall be asked to leave the Club premises.

29. Not more than 12 guests (including local guests) in a month shall be introduced to the Club by a permanent member during the months of April, May & June. During the remaining months, as well as on special occasions, guests may be introduced for more number of times with the prior approval of the Honorary Secretary.

30. A permanent member may introduce a local guest (including his family), to the Club, only on two occasions, in a month. Any other member of the Club may invite same guest (including his family) on one more occasion only. In other words, a particular local guest could be invited to the Club only on three occasions in a month.

31. Guest charges will be levied on members as notified by the management.

32. Every member bringing guests to the Club shall ensure that the dress regulation of the Club and the excise regulations are observed by them.

33. Any member, who violates these Bye Laws, shall be liable to action in accordance with Memorandum of Association of the Shimla ADC and in addition, will be liable to penalty charges as deemed fit by the EC.

34. If any guest misbehaves in any manner, he/she shall be liable to be ordered by the Honorary Secretary or any member of the Executive Committee, to leave the Club. The members introducing the guests shall also be liable to action, as deemed fit by the EC in accordance with MOA.

SECTION VII

SUBSCRIPTIONS AND OTHER CHARGES

35. The subscription for various categories and other charges will be as laid down by the Executive Committee from time to time.

36. Establishment charges at the rate of ten percent shall be charged by the Club on all sales to defray establishment charges.

37. Each member will contribute 50% of one month’s permanent subscription due from a permanent member including those who are either exempt or are paying subsidized subscription, towards Diwali gift for the employees once a year prior to Diwali.

SECTION VIII

DRESS

38. Members are expected to dress appropriately on all occasions. This is equally applicable to the dependents of the members and guests.

39. Dress code as notified by the management from time to time will be adhered to strictly.

SECTION IX

FACILITIES

40. Credit Facility. A permanent member may utilize a credit facility upto the laid down monthly limit as specified by the Executive Committee. Once the said monthly limit is reached, this facility will not be extended. Penalty charges of twelve percent per month shall be chargeable on the excess amount.

41. The EC reserves the right to call upon any member to pay, at any time his/ her dues to the Club, by forwarding his statement of accounts to his last known address. Any member, thereafter, whose dues have been outstanding for a period of one month or such short period, as may be determined by the EC, in any individual case shall be liable to be suspended from membership and to have his/ her name displayed on the Club Notice Board. Any member who has been so suspended and if he/ she fails to clear the outstanding bills within 30 days from the date of suspension, his/ her membership shall be liable to be expelled.

42. The Honorary Secretary shall prepare a list of defaulter members under the aforesaid Bye Laws and produce that at each EC meeting.

43. If the EC, during its meeting, while perusing the defaulter list, decided to terminate the membership of any member, for non-payment of the dues, it shall not normally be restored, unless in the opinion of the EC circumstances are convincing. In these circumstances such members shall penalized as notified by the management for restoration of his/ her membership.

Playing of Cards

44. Card Room. The opening hours for the Card Rooms shall be the same as for the Club. The Card Room Sub-Committee will formulate the Card Room Rules, which will be binding on all the members. Amendments to these rules will be approved by the EC only.

45. Card shall be provide and after use shall remain the property of the Club. New cards shall be supplied at the discretion of Honorary Secretary.

46. Members playing cards shall be charged Card Room Fee as laid down by the EC. Card Fee will be charged on regular basis for full year since some of the members start playing without intimating Club Office and without paying the fee for months together.

47. Members of the Club, desirous of playing cards, shall enter their names in Cards Register kept in the Club Office prior to their availing of the facility.

48. Members who are found playing cards without paying the requisite Card Fee will be liable to disciplinary action.

49. No reservation of tables for playing cards is permissible.

50. Cansta may also be played in the Club as per laid down stakes.

51. Rummy and Bridge shall be played a per the laid down rules approved by the EC.

52. Bridge and Rummy will be played in the Cards Room only. Members will abide by the Club Rules. All those who violate the Club Rules, will be liable for disciplinary action, in accordance with MoA and these Bye Laws. Playing of ‘SYNDICATE RUMMY’ is forbidden in the Club premises.

53. The Club Bridge, Rummy and Canasta stakes may be revised by the EC from time to time.

Organisation of Private Parties

54. Private parties by Permanent members only are permitted to be organized. These shall be organized in South Court / part of Dining Hall as follows :-

(a) Only two party bookings would be accepted per day and the booking amount as notified by the management would be charged.

(b) Parties shall be hosted only for members and all non members attending would be charged as guests at the prevailing rates. The monthly limit of 12 guests, permitted to be introduced to the Club, shall not be applicable in case of such prior booked parties.

(c) The members organizing such parties shall be entitled to select/ choose any of the fixed menus, framed by the Club management. However, if any member requires any additional food item to be served/ included, then the additional item shall be selected from the Ala carte menu and shall be charged separately, in addition to the fixed menu charges.

(d) In case of additional deployment of Club staff for a party, extra service charges per head shall be levied at the rate as decided by the management. For parties more than 15 guests, two cooks will be employed.

(e) Club profit would be charged at @ 20% of the total catering expenditure as per Club policy and GST as applicable would be also be charged as per the prevailing rates. Green Room Fee of 10% shall also be levied.

(f) Dress regulations as per Club rules shall be adhered to by all the members and their guests.

(g) 50% of expected expenditure would be paid as advance by the member organizing the party.

(h) No beverages or eatables would be permitted from outside, less cakes for birthday & anniversaries.

(j) Cancellation charges to be deducted from booking amount would be as under:-

(i) Upto 48 hrs prior to the day of the party - 25%

(ii) Between 48-24 hrs prior to the day of the party - 50%.

(iii) No refund would be admissible for 24 hrs or less.

(k) Following timings will be adhered to for conduct of parties:-

(i) Lunch : 12.30 PM (Noon) to 3.00 PM

(ii) Evening : 5.00 PM to 7.30 PM

(iii) Dinner : 8.00 PM to 10.30 PM

SECTION X

DO’s AND DON’Ts

55. No member of the Club, Green Card Holder or dependent(s) shall use any part of the Club and/ or its facilities to further his business or professional interests in any manner what so ever.

56. No member of the Club shall be permitted to bring any Food and Beverage article/ item into the Club premises, nor shall any member consume any such item in any part/ portion of the Club. Infringement of this Bye Law/ rule shall be a major misconduct, entailing the suspension of membership of the concerned member(s) for a minimum period of one month. In case of any repeat violation, the membership of the member(s) shall be liable to be terminated.

57. Pets shall not be allowed in any part of the Club. For violation of this Bye Laws, the owner of the pet shall be fined as notified by the EC.

58. No member shall take away or mutilate any books, newspapers, magazines or periodicals. A member infringing this bye-law shall be fined on every occasion, for each newspaper/ magazine etc, so removed or mutilated. The amount of fine will be as notified by the Executive Committee.

59. No articles of the Club furniture and equipment etc, shall be lent to any member.

60. Dependents of members are not permitted to bring guests to any part of the Club.

61. Dependents under the age of 18 years are not permitted to order and consume liquor.

62. Children are not permitted entry into the specific Club areas, which has been notified as "Children free” area and such area as may be specified by the EC.

63. Dependent children shall not use the club premises after 7.00 PM except when accompanied by their parents or near relatives who also should be permanent member of the Club.

64. Servants/ attendants / Security Guards shall not use the Library, Green Room, Bar, Card Room, Dining Hall and South Court. They may, however wait near reception counter, or some other place specified by the club management. Infringement of this Bye Law/ rule shall be a major misconduct, entailing the suspension of membership of the concerned member(s) for a minimum period of one month. In case of any repeat violation, the membership of the member(s) shall be liable to be terminated.

65. The Club stationery shall not be removed from the Club office. Any member requiring the same may obtain it from the office on payment.

66. Members (including their dependents) and guests shall not in their own interest leave their belongings, particularly the costly ones anywhere in the club, except in the custody of the attendant at the cloak room. While the Club management shall try and take care of deposited articles, it will not be responsible for any losses or damages. Members may demand token from the cloakroom attendant, for the deposited articles.

67. Smoking is prohibited in the entire Club premises except only at designated place.

68. Ignorance of Club Bye Laws shall not be accepted as an excuse. Copies of Bye Laws may be obtained from Club office on payment at laid down rates.

69. The decision of the EC of the Club shall be binding on all the Club members.

Place : Shimla
Dated : 17 July 2022

Sd/xxx
(RK Sharma)
Brigadier
Honorary Secretary