PROCEDURE FOR CLUB FORMATION IN INDIA
A club is a voluntary association of individuals for social purposes of recreation or for advancement of such objects as donation, useful arts, politics, or protection and development of their common interest, etc. It has a definite organisation which continues in cidstence for an undetermined time and is governed by certain rules, regulations, deed of settlement or bye-laws to which the members conform.
Kinds of club
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.
Some fundamental rules
In framing rule for an unincorporated members club it must be borne in mind that unless the constitution of the club provides for amendment of the rules when necessary no alteration of the rules thereafter is possible, in such matters as subscription or other fundamental objects of the company. For instance, If the rules do not provide for alteration in the monthly or annual subscription. a resolution by the majority of the members of a club enhancing the rates of such subscriptions is not operative on the dissentient members of the club. The amended rules, however, operate even against the old members if otherwise valid and not incompatible with the fundamental objects of the club though passed at a subsequent time. It is usual to provide for the admission of members, their resignation md re-admission.
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 nwmber.-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 Muiious to the character. reputation and interests of the club or who Is alleged to be guilty of any dishonourable 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 everafter ineligible forre-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 therefor. A special general meeting may be called by the chairman after a two days’ notice therefor. 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 therefor.
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.-‘rhe aforementioned rules shall be liable to alteration by a majority of three-fourths of the members present in a meeting specially convened therefor, 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.
Form of Memorandum of Association of the Indian Law lnstltute
In the matter of Act XXI of 1860, being an Act for the registration of Literary, Scientific and Charitable Societies, and In the matter of ‘The Indian Law Institute”.
1. The name of the Society is “The Indian Law Institute”.
2. The head office of the institute will be situated in Delhi (including New Delhi).
3. The objects of the Institute are
(a) to cultivate the science of law, and to promote advanced studies and research in law and its administration .
(b) to promote the reform of administration of justice and of law and its healthy development suitable to the social, economic and other needs of the people.
(c) to promote the clarification, simplification and systematization of law
(d) to encourage and conduct investigations in legal and allied fields
(e) to promote the diffusion of the knowledge of law and its administration and principles on which they are based ;
(f) to promote the improvement of legal education, and to Impart instruction in law and allied fields ,
(g) to publish studies, treatises, books, periodicals, reports and other literature relating to law and allied fields ;
(h) to undertake documentation of important legal and allied materials ,
(i) to institute and maintain libraries
(j) to co-operate with other societies, institutions and organisations national and international, in the pursuit of all or any of the above objects
(k) to constitute or cause to be constituted regional offices at convenient centres in India to promote the activities of the Institute ;
(l) to do all such things and to perform all such acts as may be necessary or proper for the achievement of any or all of the above objects :
(m) without prejudice to the generality of the above and for the effective carrying out of the above objects, the Institute have the power to acquire, receive and hold property of any kind including securities and negotiable instruments, to construct and maintain building including the right to alter or improve them and to equip them suitable, to manage, sell, transfer, or otherwise dispose of or deal with property of any kind belonging tov the Institute, to enter into contracts for and in connection with any of the purposes of the Institute, to raise monies and funds in such manner as may be deemed fit for and on behalf of the Institute, to establish a provident fund for the benefit of the employees. of the Institute if and when considered necessary, and to accept the management of any trust, fund or endowment in which the Institute may be interested.
4. The management of the affairs of the Institute is entrusted in accordance with the rules and regulations of the Institute to the Governing Council and the Executive of which the first members are :
1…………………………. 4 ……………………………
2…………………………. 5 ……………………………
3………………………… 6 ……………………………
A copy of the rules of the Institute, certified to be a correct copy by four members of the Governing Council, is fried with the Registrar of Joint Stock Companies, Delhi, along with this Memorandum of Association.
We, the several persons whose names and addresses are given below, having associated ourselves for the purposes described in this Memorandum of Association and set our several hands hercunto and form ourselves into society under the .CM of 1860, this twenty-second day of December, 1956, at Delhi.
1 ………………………… 5 ……………………………
2…………………………. 6 ……………………………
3…………………………. 7 ……………………………
4…………………………. 8 ……………………………
Faculty of Law, University of Delhi,
Note:- Please refer rules and regulations provided.
Rules and Regulations of the Indian Law institute
(a) “Institute” means The Indian Law Institute
(b) “Council” means the Governing Council of the Institute
(c) “Committee” means the Executive Committee of the Institute
(d) “General body” means General body of members of the Institute
(e) “President” means the President of the Institute.
(a) Subject to their consent, the President of India, the Vice-President of India and the Prime Minister will be patrons.
(b) The Council may invite such other persons, as it may deem fit. to be patrons.
3. Members. There will be the following classes of Members
(a) Foundation Members.
(b) Life Members.
(c) Ex-officio Members.
(d) Co-opted Members.
(e) Corporate Members.
(f) Associate Members.
(g) Honorary Members,
(h) Corresponding Members.
(i) Ordinary Members.
(a) Foundation Members : Foundation Members are those-
(i)Who took an active interest or part in the establishment of the Institute and are enrolled as such, including persons whose names appear as the first members of the Governing Council and the Executive Committee in clause 4 of the Memorandum of Association :
(ii) who are enrolled as such on a payment of not less than Rs. 250 within six months of the registration of the Institute, or such later date as may be fixed by the President, whether before or. after the exp” of the said period of six months.
(b) Life Members: Life Members are those persons of high status in the field of law who are enrolled as such in accordance with the provisions laid down in the bye-laws.
(c) Ex-officio Members : Subject to their consent, the Chief Justice and other Judges of the Supreme Court of India, the Chief Justices of the several High Courts in India, the Attorney-General, the Solicitor-General, the Advocate-General of the several States, the Home Minister, the Finance Minister, the Law Minister, and the Education Minister An the Government of India, the President of the Indian Branch of the International Law Association, the President of the Indian Council of World Affairs, the Chairman of the Universities Grants Commission, the Vice-Chancellors and Deans of the Faculties of Law of the Universities in India, which are established by an act of Legislature, will be members ex- officio.
(d) Co-opted Members : Co-opted Members are those co-opted by the Governing Council in accordance with the provisions laid down in the bye-laws.
(e) Corporate Members : The Executive Committee may, in accordance with the provisions laid down in the bye-laws, admit any Bar Association, Advocates Association, or University, or any body of persons or association of persons devoted to study, practice or administration of law, as a Corporate Member.
(f) Associate Members : The Executive Committee may, in accordance with the provisions laid down in the bye-laws, enrol any person who is or has been a Judge, legal practitioner or law teacher in a foreign country as an Associate Member.
(g) Honorary Members : Honorary Members are those who are enrolled as such in accordance with ,the provisions laid down in the bye-laws, on account of their meritorious ,contribution to the science of law or the growth or reform of law or administration of justice.,
(h) Corresponding Members : Corresponding Members are those persons, other than citizens of India, who are enrolled;as such in accordance with the provisions laid down in the bye-laws, for their meritorious contribution to the science of,law or the growth or reform of law or the reform of law or the administration of justice.
(i) Ordinary Members : Ordinary Members are those Indian citizens who are enrolled as such in accordance with the provisions laid down in the bye-laws.
4. Office-bearers of the Institute.- The following will be the office-bearers of the Institute :
(a) President : The Chief Justice of India will be the President, ex-officio.
(b) Vice-President : The Law Minister in the Government of India and the Attorney-General will be Vice-Presidents ex-officio.
There will be one other Vice-President elected by the Governing Council in accordance with the provisions laid down in the bye-laws.
(c) Executive Chairman who will be nominated by the President.
(d) Secretary who will be nominated by the President.
(e) Treasurer who will be nominated by the President.
5. Governing Councd.-There shall be a Governing Council composed of-
(a) the office-bearers of the Institute, namely, the President, Vice-Presidents, Executive Chairman, Secretary and the Treasurer :
(b) the Solicitor-General
(c) the Home Minister in the Government of India
(d) the Education Minister In the Government of India
(e) the President of the Indian Branch of the International Law Association
(f) the President of the Indian Council of World Affairs
(g) the Chairman of the Universities Grants Commission
(h) two Vice-Chancellors of the Universities in India nominated by the Inter-University Board of India : as far as practicable the nomination shall be of the Vice-Chancellors of the Universities which have been enrolled as Corporate Members ;
(i) five persons elected in accordance with the provisions and the procedure laid down In the bye-laws by Judges, either of the Supreme Court or of a High Court, who are members of the Institute, from among themselves ;
(j) five persons elected by the members of the Institute in accordance with the provisions and the procedure laid down in the bye-laws from among the Deans of the Faculties of Law of the Universities in India, which are established by an Act of Legislature :
(k) ten other persons elected by the members of the Institute in accordance with the provisions and the procedure laid down in the bye-laws from among the members of the Institute.
6. Rights, powers and duties of the Governing Council.-(a) All properties, movable, immovable, or of any other kind, shall stand vested in the Council.
(b) The business and affairs of the Institute shall be carried on and managed by the Council who shall exercise all such powers and authority of the Institute as are not specifically and expressly vested by these rules and regulations In the general body of members.
(c) The Council shall have all such powers and shall perform all such functions as are necessary or proper for the achievement or the furtherance of the objects of the Institute.
(d) Without prejudice to the generality of the foregoing provisions, the Council shall have the following rights and powers
(i) to acquire by gift, purchase, exchange, lease or otherwise, lands, buildings or other immovable property, together with all rights appertaining thereto ;
(ii) to construct and maintain buildings, including right to alter or improve them, and to equip them suitably
(iii) to manage the properties of the Institute ,
(iv) to accept the management of any trust fund or endowment in which the institute is interested ;
(v) to raise funds for the Institute by gifts, donations. or other- wise
(vi) to raise loans
(vii) to receive monies, securities, instruments and/or any other movable property, for and on behalf of the Institute
(viii) to enter into agreements for and on behalf of the Institute
(ix) to sue and defend all legal proceedings on behalf of the Institute ;
(x) to institute a provident fund for the benefit of the employees of the Institute and manage such provident fund ;
(xi) to grant receipts, to sign and execute instruments. and to endorse or discount cheques or other negotiable instruments through its accredited agents ;
(xii) to make, sign and execute all such documents and Instru- ments as may be necessary or proper for carrying on the management of the property or affairs of the Institute ;
(xiii) to invest the monies and funds of the Institute and to vary the investments as and when it may seem necessary or proper ;
(xiv) to make suitable grants of monies or other assistance to a University, educational institution or other society, for the conducting or the prosecution of any research or investigation or study in a subject in which the Institute is interested ;
(xv) to grant fellowship, scholarship, or other monetary assistance, on such terms and conditions as it may prescribe, to such persons as it may select for the carrying on of any research, investigation, or study in a subject in which the Institute is interested ;
(xvi) to manage, sell, transfer or otherwise dispose of any property, movable or immovable, of the Institute :
(xvii) to assign, from time to time, such functions and duties and delegate such powers, as it may deem fit, to the Executive Committee ,
(xviii) to perform all such acts and do all such things as may be necessary for the proper management of the properties and the affairs of the Institute :
(xix) to appoint an auditor or auditors for auditing the accounts of the Institute and to report thereon.
(e) The Council shall have power to make bye-laws in respect of the following matters :
(i) the management of the properties, funds, affairs and work of the Institute .
(ii) the conditions and procedure under and according to which the Vice-President (other than ex offtcio Vice-President) is to be elected :
(iii) the conditions and procedure under and according to which the several classes of members of the Institute may be en- rolled or co-opted :
(iv) the subscription, if any, to be paid by the different classes of members ,
(v) the rights, duties and privileges of the several classes of members ;
(vi) the procedure for election of members to the Council, includ- ing, if it deems fit, postal voting and voting by proxy :
(vii) the procedure for the convening and the conduct of meetings of the Council, the Executive Committee, and such other bodies as may be set up from time to time, including provision for the transaction of business by circulation, proxy. or other- wise, as may be deemed fit ;
(viii) such other purpose as may be found necessary.
The Council shall have power to repeal, amend and modify the bye-laws.
(g) The Council may, from time to time, delegate all or any of its powers to the Executive Committee.
7. Executive Committee.-(a) There shall be an Executive Committee constituted as follows :
(i) the Executive Chairman (ex-officio)
(ii) the Director (ex-officio) ,
(iii) the Treasurer (ex-officio)
(iv) the Secretary (ex-officio)
(v) not less than seven and not more than fourteen other members nominated by the President, in consultation with the Vice-Presidents and the Executive Chairman, from among the members of the Council, provided that, as far as practicable, among the members so nominated, one shall be a Judge of the Supreme Court, one a Dean of the Faculty of Law of a University in India and one a practising advocate.
(b) The Executive Chairman shall, ex-offzcio, be the Chairman of the Executive Committee.
(c) Powers, functions and duties of the Executive Committee :
The Executive Committee shall have the following powers and duties and shall perform the following functions :
(i) to appoint from time to time such and so many officers and other employees and on such terms and conditions, as it may deem fit, for carrying on the management and the affairs of the Institute :
(ii) to appoint such and so many persons and on such tenns and conditions, as it may deem fit. for the conducting of the studies, Investigations, researches,teaching or other work, undertaken by the Institute (iii) to exercise control over the employees of the Institute, including the power of dismissal ;
(iv) to prescribe the powers, functions and duties gf the Executive Chairman. the Treasurer and the Secretary ,
(v) to establish or cause to be established Regional offices at convenient centres In India to promote the activities of the Institute ;
(vi) to assign and delegate functions and powers to the Regional Offices
(vii) to propose bye-laws for any of the matters for which they may be made for consideration and adoption by the Council ;
(viii) to select, from time to time, subjects in which investigations, studies, researches and teaching may be conducted by the Institute ,
(ix) to correspond with foreign scholars, institutions and organisations and to co-operate with them In matters relating to the work of the Institute ;
(x) to appoint, if It deems fit, delegates to represent the Institute to conferences in India and abroad ,
(xi) to hold lectures, seminars, and to arrange for studies, investigations, researches and conferences in such subjects and in such manner, as it may deem fit, from time to time :
(xii) to publish andlor to finance the publication of studies, treatises, books, periodicals, reports andlor other literature and to sell or arrange for the sale of them, as it may deem,- fit, from time to time :
(xiii) to arrange for the documentation of such materials in legal and allied fields, as it may deem fit, from time to ti-ne
(xiv) to institute and maintain a library or libraries ,
(xv) to purchase all such articles and materials as may be needed for the Institute and its work ;
(xvi) to perform all such acts and duties and exercise all such powers as may be delegated or assigned to it by the Council ,
(xvi-a) to appoint, from time to time. sub-committees, including, if need be, persons other than members of the Executive Committee, and to assign and/or delegate thereunto, such powers, duties and functions. as it may deem fit :
(xvii) to perform all such acts and duties and exercise all such powers as may be necessary for the carrying on of the affairs of the Institute subject to the general direction of the Council.
8. Terrn of office.-
(a) The term of office of the elected Vice-President, the Executive Chairman, the Treasurer and the Secretary shall be three years. They are eligible for re-election or re-appointment.
(b) The term of office of the members elected or nominated to the Council shall be three years. They are eligible for re-election or re-appointment.
(c) A casual vacancy in the office of the Executive Chairman, the Treasurer, or the Secretary of the Institute may be filled up for the residue of the term.
(d) A casual vacancy in the office of the elected Vice-President may be filled up for the residue of the term by election in accordance with the provisions laid down in the bye- laws.
(e) The names of members who are liable to pay subscriptions and whose subscriptions are in arrears may be removed from the rolls of the members of the Institute in accordance with the provisions laid down in the bye-laws.
(a) All meetings of the members of the Institute or of the Council shall be held in Delhi or New Delhi unless otherwise decided by a specific resolution of the Council.
(b) Meetings of the Executive Committee may be held at Delhi or at such other convenient place as may be fixed by the Executive Chairman.
(c) A meeting of the General Body shall be called by the President oh a requisition signed by not less than 100 (ode hundred) members.
(d) There shall be an annual meeting of the Council and such other meetings as may be decided upon by the Executive Committee in consultation with the President.
(e) The President may convene, In consultation with the Executive Committee, a meeting of the General Body.
(a) For meeting of the General Body convened on a- requisition signed by not less than 100 (one hundred) members-100 (one hundred).
(b) For any other meeting of the General Body called by the President-50 (fifty).
(c) For a meeting of the Council-9 (nine).
(d) For a meeting of the Executive Committee–5 (five).
(a) Once every year the Executive Committee shall frame a budget of the estimated income and expenditure of the Institute and place it before the Council at its annual meeting for consideration and adoption. The budget, as passed by the Council, shall be operated upon by the Executive Committee.
(b) once every year the accounts of the Institute shall be audited by the auditor appointed for the purpose by the Council.
(c) A statement of the accounts so audited, together with the observations of the auditors, shall be placed before the Council, as far as practicable at its annual meetings, and if the statement of the audited accounts be not ready by the date of the annual meetings. it shall be placed before the Council at a subsequent meeting called for the purpose.
(a) Amendments to the rules and regulations of the Institute may be made by the Council by two-thirds majority of the members present and voting at the meeting convened for the purpose, provided that the members voting in favour of the amendment constitute not less than half of the total number of members of the Council at the time.
(b) Amendments to the bye-laws may be made by the Council by a simple majority.
13. Transitory provisions. Notwithstanding anything. contained in these Rules and Regulations-
(a) the first Governing Council and the first Executive Committee shall be composed as specified in clause 4 of the Memorandum of Association ,
(b) in addition to the first members of the Governing Council and the Executive Committee, the President may nominate such and so many persons, as he deems fit, to the Governing Council, and. if need be, to the Executive Committee as well, subject, however, to the total strength of the Governing Council not exceeding 35 (thirty-five) and the total strength of the Executive Committee not exceeding 17 (seventeen) ,
(c) the first members of the Governing Council and of the Executive Committee specified in clause 4 of the Memorandum of Association, other than those who are members thereof ex-offwio, will hold office for a period of two years from the date of registration of the Institute .
(d) the members nominated by the President in addition to the first members specified in the Memorandum of Association shall hold office from the date of nomination till the expiry of two years from the date of registration of the Institute ,
(e) in case of a casual vacancy during the period of two years from the date of registration of the Institute among the members of the Governing Council or the Executive Committee, the President may fill the vacancy by nomination.
We, the undersigned members of the Governing Council of the Indian Law Institute, do hereby certify that the above is a correct copy of the rules of the said Institute.
This twenty-second day of December, 1956, at Delhi
Faculty of Law, University of Delhi-8
The Indian Law Institutes Bye Laws
Passed at meeting of the Governing Council held at 4 p.m. on 20th January, 1957, at the residence of the President (Chief Justice of India), 1, Safdailung Road, New Delhi.
1. There shall be a sub-committee of three of the Executive Committee for scrutinising membership applications and admitting members , the sub-committee shall satisfy itself that a person possesses the qualifications mentioned in the Rules and Regulations as well as in the bye-laws for the class of membership proposed.
2. (i) The following may be enrolled as Corporate Member
(a) Any recognised Bar Association or is Association.
(b) Any registered society devoted to the study of law or administration of justice.
(c) Any University.
(d) The Inter-University Board of India.
(ii) The following may be enrolled as Ordinary Members
(a) Persons who are or have been legal practitioners.
(b) Persons who are or have been judicial officers.
(c) Persons who are or have been teachers in a University or any recognised educational institution.
(d) Persons who are Barristers-at Law or have a University Law Degree or equivalent qualifications in the opinion of the Executive Committee.
(e) Persons who are or have been in Public Administration or in the administration of Universities or other recognised education institutions
(f) Persons who in the opinion of the sub-committee, are fit and proper to be enrolled as members on account of their interest in the growth and reform of law and administration of justice.
(iii) A person may be co-opted as a Member of the Institute by the Governing Council on the recommendation of the Executive Committee and subject to the approval of the President.
(iv) A person, who, in the opinion of the sub-committee, possesses the requisite qualifications as specified in the Rules and Regulations of the Institute, may beenrolled as an Associate Member.
(v) A person may be enrolled as an Honoraiy Member if-
(a) he possesses the requisite qualifications as specified in the rules and regulations ,
(b) the approval of the President has been obtained by the Executive Committee for consideration of the proposal to enrol him as such ,
(c) and thereafter the proposal receives the support of not less than two thirds of the total number of members of the Executive Committee.
3. For enrolment as-
(b) Corporate Member,
(c) Associate Member,
(d) Ordinary Member,
there shall be an application in the form prescribed in the Appendix hereto which must be accompanied by the prescribed subscription and supported by at least one member of the Institute.
4. Enrolment as a Member shall take effect on intimation of the same to the person concerned.
5. (a) All Members will be entitled to receive a copy of the Journal of the Institute and other publications of the Institute at a discount prescribed, from time to time, by the Executive Committee.
(b) Ex officio Members may send their views in writing on any matter at is being considered at a meeting of the body of which they are such members to be placed before it.
(c) A Corporate Member may nominate in writing a person to attend and vote on its behalf at a meeting of the General Body of the Members of the Institute.
(d) All members, other than Associate or Corresponding Members, shall have the right to vote at meetings of the body of which they are members. A Corporate Member may exercise the right to vote by its nominee.
(e) An Associate Member or Corresponding Member shall not be eligible to be a member of the Governing Council.or the Executive Committee.
6. A Member may resign by letter addressed to the Secretary of the Institute.
7. (a) Subscription shall be payable as specified below by the different classes of members
(i) Foundation Members under 3(a)
(ii)… Rs. 250 (within 6 months of the date of registration of Institute)
(ii) Life Members … Rs. 500
(iii) Corporate Members ; Rs. 100 per annum provided that payment of a consolidated sum of Rs. 1,000 may be made after which there shall be noliability to pay any annual subscription.
(iv) Associate Members… Rs. 25 per annum
(v) Ordinary Members : Persons other than Teachers … Rs. 25 per annum
Teachers … Rs. 10 per annum
Provided that persons who are not teachers may, by payment of a consolidated sum of Rs. 250, Teachers by a consolidated payment of Rs. 100 may be exempted from further liability to pay subscription.
(b) There shall be no liability to pay subscription by the following classes of members :
(i) Honorary Members.
(ii) Corresponding Members.
(iii) Ex-offtcio Members.
(c) For purposes of subscription the year shall be the Calendar year.
(d) All subscriptions for the year shall be paid before the expiry of March of that year. A person whose subscription remains unpaid thereafter shall be regarded as in arrears for that year.
(e) All persons whose subscription are in arrears for three years shall cease to be members.
8. The Executive Committee may transact its business by meetings or circulation of papers.