CONSTITUTION OF NEW GALLOWAY GOLF CLUB
(REVISED OCTOBER 1991) (AMENDED DECEMBER 1993)
(AMENDED OCTOBER 2000) (Amended 2009) (Amended 2010) (2015)
The Club, constituted in 1902, is called "New Galloway Golf Club".
2. OBJECTS OF THE CLUB
a) The Club is devoted solely to the game of golf and the Golf Course, owned by the Club, shall be used and developed exclusively for the playing of golf and for the benefit of members in pursuit of the game of golf.
b) To promote and encourage the sport of golf in the community.
c) The Club affairs will be conducted on a not for profit basis
d) No member of the committee or any other governing body and no person employed by the club is to have any personal interest in the sale of alcohol or in profits arising from such sale
e) Other than when an occasional licence has affect, no person is to be supplied with alcohol on the club premises unless that person is:
i. A member of the club
ii. A person who is on the premises at the invitation of a member of the club and is accompanied by that member or
iii. A member of another club which falls within the description prescribed in paragraph 1
f) Where a person referred to in sub paragraph e(ii) is supplied with alcohol on club premises when an occasional licence is not in affect, there is to be entered in a book kept for the purpose:
i. The date in question
ii. The name and address of the person and,
iii. The name of the member accompanying the person
g) The club has to have at least 25 members to be properly constituted; and
h) No person honorary or temporary membership of the club or to be relieved of the payment of the regular entrance fee or subscription:
i. Except to allow temporary participation in the activity which is the prime purpose of the club; and
ii. Except in accordance with specific provision set out in the club rules
Interpretation of wording throughout the following Constitution shall be, unless contrary intention appears, (a) words importing masculine gender shall include females, (b) words in the singular shall include the plural, and (c) the expression "THE CLUB" shall mean the members of the Club.
All members are subject to the Constitution of the Club and the regulations of the National Governing Body.
A. Membership is open to all and no application for membership will be refused on other than reasonable grounds.
B. There will be no discrimination on grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex; sexual orientation, political or other opinion.
C. All applications for membership shall be accompanied by the appropriate annual membership fee, which shall thereafter be payable on demand.
D. Application for membership must be made to the secretary. This is required by Scottish Golf in order to allow the club to apply for grants from the governing body.
E. The Club shall consist of the following classes of Member:
a. Ordinary Members
b. Lady Members
c. Young Adult Members
d. Junior Members
e. Honorary Members
f. Non-playing Members
g. Temporary Members
h. Complimentary Members
i. Other classes of membership instituted at the discretion of the Committee.
Notes on Classes of Membership:
Young Adult Members - Young Adult Membership shall be available to applicants of either sex over the age of 18 years and under the age of 21 years as at 1st January. Young Adult Members shall be entitled to a reduced membership subscription and shall be entitled to take part in competitions. They shall have no voice in the general management of the Club, no liability in connection therewith, no right or interest in any of its assets and no right to vote. Applicants eligible to apply for Young Adult Membership but wishing to join as full members must make application and be admitted in accordance with Paragraph 6 - Election of Members.
Junior Members - Junior Membership shall be available to applicants of either sex under the age of 18 years as at lst January. Junior Members shall have no voice in the general management of the Club, no liability in connection there with, no right or interest in any of its assets and no right to vote. Junior members may play in Club competitions at the discretion of the Committee. Applicants eligible for Junior Membership shall not be entitled to join as full members until they attain the age of 18 years.
Honorary Members - Honorary Membership may be conferred on a Member, former Member or a member of his family at a General Meeting. This shall be on the recommendation of the Committee in recognition of renown as a Golfer, or of services rendered to the Club or in the promotion of the game of golf. Honorary Members shall be entitled to all the rights and privileges of full members.
Non-Playing Members - Non-Playing Membership shall be available to Former Playing Members who no longer wish play the game of golf but wish to continue an association with the club. Non-Playing Members shall have no voice in the general management of the Club, no liability in connection therewith, no right or interest in any of its assets and no right to vote.
Temporary Members - Any person who purchases a daily or weekly ticket will be considered a Temporary Member for the period shown on the ticket. Such Members shall be entitled to the use of the Clubhouse and Course for the period stated but will not be entitled to take part in Club Competitions.
Complimentary Members - Complimentary Membership may be granted by the Committee to non members on an annual basis in recognition of services to the Club. They shall have no voice in the general management of the Club, no liability in connection therewith, no right or interest in any of its assets and no right to vote.
5. REGULATION OF MEMBERSHIP
The Committee shall have power to restrict total membership or any class of membership should they deem such a course necessary.
6. ELECTION OF MEMBERS
The admission to membership shall be by open vote of the Committee. Every candidate for admission as a member of the Club must be proposed and seconded by Members of the Club in Classes (a), (b) or (e) on a special form provided by the Club. Applications must be made to the Secretary. The names and addresses of persons proposed as members of the Club shall be displayed in a conspicuous place in the Club premises for at least two weeks before their election, and an interval of not less than two weeks shall elapse between the nomination and election to membership. Representations may be made by members of the Club regarding nominations for membership and these should be made to the Secretary within the above two week period. Candidates for membership wishing to play on the course shall remain liable for green fees as temporary members until such time as the Committee has approved their application.
7. MEMBERS CHANGE OF ADDRESS
Each Member shall communicate any change of address to the Secretary, and all Notices to such address shall be considered delivered.
8. RESIGNATION OF MEMBERS
Any Member wishing to resign from the Club must give notice in writing of his intention to do so to the Secretary before or at the Annual General Meeting. After the Annual General Meeting all members who have not intimated their intention to resign shall be liable for payment of the Annual Subscription for the following year as intimated in the Annual General Meeting Notice.
9. EXPULSION OF MEMBERS
The Committee shall have power by a two-thirds majority of its entire number to suspend any Member whose conduct appears to them to be against the character, interests or good order of the Club, or who acts in defiance of its Constitution and Bye-Laws. Such Member must be given the opportunity of being heard by the Committee before the vote is taken.
In the event of such Member failing to appear or give a satisfactory explanation to the Committee they shall request him to resign from the Club. If the Member refuses to comply with the request within fourteen days the Committee shall convene a Special General Meeting of the Club. Such a General Meeting shall have power by a two-thirds majority of the Members present and voting to expel the offending Member.
10. OFFICE BEARERS
(a) The Office Bearers shall consist of Captain, Vice-Captain, Secretary, Match Secretary and Treasurer. Posts may be combined.
(b) A President shall be elected annually at the Annual General Meeting in accordance with Section 12 and he shall have the right to attend all Committee Meetings at his discretion in an advisory capacity only.
11. MANAGEMENT OF THE CLUB
The Management of the Club shall be in the hands of the Committee consisting of the Captain, the Vice-Captain, the Secretary, the Match Secretary and the Treasurer, one member nominated by the Ladies' Committee, and as many members as would bring the total to a maximum of 12 members. Members of the Club in Classes (a), (b) or (e) shall be eligible for election as Office Bearers or Members of the Committee. The Committee shall meet as often as it thinks fit, or when convened by the Captain, or at the request of any three Members. The Secretary shall convene the Meetings, giving reasonable notice to each Member of the Committee. The Captain, or failing him the Vice Captain, or failing him a member of the Committee chosen from among the members of Committee, shall preside at the committee meetings and shall have a casting vote in addition to his own. A quorum for the Committee shall be five.
The Committee shall have the following powers:
a) To make, amend and revoke such Bye-Laws as they think fit.,
b) To make rules, which shall be posted in the Clubhouse and which will remain in force until revoked by the Committee or by a General Meeting;
c) To purchase or acquire for the Club such moveable property, rights and privileges as they shall consider necessary for the purposes of the Club, and effect Insurance Policies as they may consider necessary;
d) To arrange on behalf of the Club loans and overdrafts on the Bank Account of the Club as they may consider necessary for the Club;
e) To recommend to any General Meeting of the Club specially called, the purchase or sale of heritable property for the purposes of extending the golf course, provided always that the sale of land forming part of the golf course property shall be permitted only by a Resolution of not less than two-thirds of the Members entitled to vote, present and voting at such a General Meeting;
f) To appoint sub-Committees, which could co-opt ordinary members for such purposes, powers, duties and for such a period as the Committee thinks fit;
g) To grant to each Sub-Committee the power to appoint its own Convenor;
h) To confirm or otherwise Bye-Laws or Regulations proposed by the Ladies Committee;
i) To institute and arrange annually stroke and match play competitions for the benefit of members of the Club all in accordance with the Rules of Golf as defined by The Royal & Ancient Golf Club of St Andrews.
The Committee shall have no power to make major changes in the design or lay-out of the golf course without the approval of a General Meeting of the Club.
12. PERIOD OF SERVICE OF OFFICE-BEARERS AND COMMITTEE
The Captain, the Vice-Captain, the Secretary, the Match Secretary and the Treasurer shall be elected annually and shall be eligible for re-election. The same person should not normally hold the office of Captain for more than two years.
Committee members shall be elected annually, by ballot if necessary. Members of Committee shall serve for a period of three years and shall be eligible for re-election.
Members who resign from the Club Committee cannot be nominated within the following three year period, except at the discretion of the Club Committee.
The Committee may fill any vacancy of office bearer or committee occurring during the year from the membership until the next Annual General Meeting, and may co-opt any member of the Club to serve on a for a special reason.
13. LADIES COMMITTEE
The Ladies shall be entitled to form a Committee. The Ladies Committee may, subject to the approval of the Club Committee, arrange competitions or matches for Ladies, and make arrangements in the interests of the Lady Members. The Ladies Committee shall nominate one member to represent the Lady Members on the Club Committee.
14. DUTIES OF SECRETARY AND TREASURER
(a) Duties of Secretary
The Secretary shall call and attend all meetings of the Club and Committee and keep full minutes of the proceedings of such meetings, conduct the correspondence of the Club and have custody of the Title Deeds, books, documents and papers belonging to the Club.
(b) Duties of Treasurer
The Treasurer shall keep correct accounts and books showing the financial affairs of the Club and his intromissions with the funds thereof and submit annually such accounts and all the necessary statements and information regarding funds to an auditor appointed by Committee.
All monies received by the Secretary or Treasurer shall be lodged in the name of the Club and in the Club Bank Account. At the discretion of the Committee, it may require that all cheques issued on behalf of the Club be signed by two members of the Committee.
The property of the Club shall be vested in the Trustees of the Club who shall be the President, the Captain, the Secretary and Treasurer for the time being. The Trustees shall have full power to execute all the Leases, or other deeds in connection with the heritable or moveable property of the Club as instructed by the Club.
16. FINANCIAL YEAR
The financial year of the Club shall end on the 30th day of September or such other date as the Committee may decide.
17. ANNUAL GENERAL MEETING
The Annual General Meeting of the Club shall he held not later than the 31st December each year at a place to be fixed by the Committee. Notice of such Meeting, and a copy of the Agenda shall be sent by the Secretary to each member. A notice shall also be placed on the Club Notice Board.
The business to be transacted shall be limited to the items on the Agenda which shall include the following: -
a) Annual Report of the Committee;
b) Secretary and Treasurer's Report with Abstract of Accounts;
c) Election of Office Bearers and Members of Committee;
d) Any Other Competent Business.
ANNUAL GENERAL MEETING PROCEDURES
Voting: Only Members in Classes (a), (b) or (e) shall be entitled to vote.
Notification of Candidacy for Election: Nomination of office bearers for election to the Committee shall be sent to the Secretary signed by at least two members entitled to vote not later than twenty one days before the Annual General Meeting. All nominations shall be displayed in a conspicuous place in the Club premises for at least two weeks before the Annual General Meeting.
Proposals: If any two members in Classes (a), (b) or (e) wish to propose a motion at the Annual General Meeting, they shall give notice in writing to the Secretary, setting out such motion in full, not less than twenty one days before the date of the meeting.
Amendments to Motions: It shall be competent for the Chairman at General Meetings to accept or reject amendments to such motions.
Voting Decisions: All questions other than alterations to the Constitution put to the vote shall he decided by a majority of the members present and voting. In the event of the votes cast being equal, the Chairman shall have a casting vote in addition to his own.
The Chairman: The Chair shall he taken by the Captain or failing him the Vice Captain, or failing him by a member of the Committee chosen from among the members of Committee present.
18. EXTRAORDINARY GENERAL MEETING
The Committee may call an Extraordinary General Meeting when any matter of urgent importance shall occur, and shall be bound to do so on receiving a request signed by 12 members entitled to vote.
The business transacted at an Extraordinary General Meeting shall be limited to the subjects for which the Meeting was called.
Voting shall he as specified for the Annual General Meeting.
Chairman: The Chair shall be taken as prescribed for an Annual General Meeting,
19. QUORUM FOR GENERAL MEETING
Eleven Members with voting powers present shall form a Quorum. If within 15 minutes from the time specified for the commencement of the Meeting a quorum is not present, the Meeting shall stand adjourned to the same day in the following week at the same place and time, and at this adjourned Meeting the Members present will form a quorum.
20. NOTICE OF GENERAL MEETING
Notice of General Meetings shall be sent to all Members entitled to vote not less than ten days before the date of the meeting. Such notice shall specify the business which it is proposed to transact at the meeting.
Annual Subscriptions for the ensuing year shall be decided by the Committee in advance of the Annual General Meeting of the Club. AnnuaI Subscriptions shall be due at lst January each year and shall be payable not later than 31st January except as provided below. The advice of the Annual Subscription contained in the notice of the Annual General Meeting shall be regarded as sufficient notice to each member of the amount due by him.
No member shall be entitled to vote at any meeting or to play on the course after 31st January unless the Subscription or 1st instalment thereof has been paid. Any Member who takes part in any Competition after 31st January without having paid his Annual Subscription or instalment shall be disqualified from that Competition.
The Committee shall have discretion to accept payment of annual subscriptions by instalments upon request by any member.
22. ENTRANCE FEE
The Committee shall have power to introduce Entrance Fees for any class of Membership.
23. UNPAID SUBSCRIPTIONS
The name of any Member who, after notice from the Secretary, fails to pay his Subscription for the current year prior to lst April, may he posted on the Notice Board in the Clubhouse, and advised by the Secretary of the same. If a Member's subscription remains unpaid after 1st May be shall cease to be a Member of the Club.
24. DISTRIBUTION OF PROPERTY AND WINDING UP
(a) The property, effects and funds of the Club, whensoever derived, shall be applied solely towards the promotion of the objects of the Club and no portion thereof shall be paid of transferred directly or indirectly by way of dividend, bonus of otherwise howsoever by way of profit to the members of the Club.
(b) It shall be competent for the Members of the Club by a majority of three-fourths of the Members entitled to vote, present and voting at a General Meeting of the Club called for the purpose, to resolve that the Club be wound up by a Liquidator appointed.
(c) If, upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall be given or transferred to some other organisation or organisations having objects similar to the objects of the Club, such organisation of organisations to be determined by the Members of the Club by Resolution passed at a General Meeting at or before the time of the dissolution, and if and so far as effect cannot be given to such provision then to some charitable object.
25. ALTERATION TO THE CONSTITUTION OF THE CLUB
No addition to or alteration of the Constitution shall be made except by a Resolution of not less than two-thirds of the Members entitled to vote, present and voting at an Annual General Meeting or an Extraordinary General Meeting. Notice of any suggested alteration must be given to the Secretary at least 28 days before the Meeting who shall intimate the same to the Members in the Notice calling the Meeting.