| 1. |
In
these Rules unless the context otherwise requires,
the following words and expressions shall have
the following meaning:- |
| |
| (a)
|
"Advisory
Committee" means the committee referred
to in Rule 12.1 hereof and vested with
such powers as are set out thereunder; |
| (b) |
"Affiliated
Club" means a club or resort with
whom the Company has made reciprocal arrangements
for the use by members of each other's
facilities as referred to in Rule 8 hereof |
| (c) |
"Affiliated
Member" means a member or licensee
of an Affiliated Club who has applied
to use the facilities of the Club pursuant
to Rule 8 hereof; |
| (d) |
"the
Club" means Bukit Banang Golf &
Country Club together with the Golfing
Facilities, clubhouse and other sporting
and recreational facilities comprised
therein; |
| (e) |
"Disciplinary
Committee" means the committee appointed
by the Company |
| (f) |
"Family
Members" means one lawful spouse
of the Licensee or Nominee and the Licensee's
or Nominee's lawful children under the
age of twenty-one (21) years, if any; |
| (g) |
"Golfing
Facilities" means the eighteen (18)
hole golf course at the Club; |
| (h) |
"Guest
Fees" means the fees payable by any
guest of a Licensee or Nominee using the
facilities of the club as referred to
in Rule 10 hereof; |
| (i) |
"General
Manager" means the eighteen (18)
hole golf course at the Club; |
| (j) |
"Licence"
means the licence to use and enjoy the
facilities of the Club granted to any
category of Licensee including but limited
to those referred to in Rule 5 here of; |
| (k) |
"Licensee"
means the person entitled to a Licence; |
| (l)
|
"Licence
Agreement" means the Licence Agreement
between a Licensee and the Company conferring
on the Licensee the Licence to use and
enjoy the facilities of the Club; |
| (m)
|
"Nomination
Fee" means the administrative fee
of Ringgit Malaysia Five hundred (RM500.00)
or such other sum as may be stipulated
by the company from time to time, chargeable
for any nomination of a Nominee pursuant
to Rule 6 hereof; |
| (n) |
"Nominee"
means a person nominated by the Licensee
in accordance with the terms of the Licence
Agreement to enjoy the Privilege; |
| (o) |
"Owner
Licensee" means the holder of an
Owner Licence in accordance with the terms
of his Licence Agreement; |
| (p) |
"Privilege"
means the right to use and enjoy the Club
and its facilities in accordance with
the Licence Agreement and/or these Rules; |
| (q) |
"Privilege
Cards" means the cards issued to
the Licensee or his Nominee indicating
that they are entitled to the Privilege
and includes supplementary cards issued
to Family Members, if any; |
| (r) |
"Privileged
Persons" means all persons who are
entitled to use and enjoy the facilities
of the Club and includes Licensees, Nominees,
Family Members or as the case may be,
a specific portion thereof; |
| (s) |
"Regular
Licensee" means the holder of a Regular
Licence in accordance with the terms of
his Licence Agreement; |
| (t) |
"Rules"
means the Rules herein set out and includes
any amendment thereto and any new Rules
promulgated and any bye-laws and regulations
which the Company may make at any time
and from time to time; |
| (u) |
"Security
Retainer" (where applicable) has
the meaning ascribed to it under the Licence
Agreement relating to a Regular Licence; |
| (v) |
"Term
Licensee" means the holder of a Term
Licence in accordance with the terms of
his Licence Agreement. |
|
| |
|
| CONSTITUTION |
| |
|
| 2. |
Bukit
Banang Golf & Country Club is a proprietary
club, the proprietor of which is Indah Corporation
Berhad ("the Company"). |
| |
|
| RIGHTS
AND LIABILITIES OF PRIVILEGED PERSONS |
| |
|
| 3.
|
Subject
to these Rules for the time being in force,
all Privileged Persons shall be entitled to
use and enjoy the Club and its facilities in
common with other Privileged Persons Provided
That in the case of a Licensee, the Licensee
shall further abide by the terms of his Licence
Agreement which he has entered into with the
Company, wherever applicable. A Privileged Person
shall not by reason of his Licence or Privilege,
be under any financial liability except for
payment to the Club of his subscriptions and
any other sums due or levied under the Licence
Agreement or these Rules and he shall not by
reason of his Licence of Privilege have any
proprietary rights or interests whatsoever over
the Club, its moneys, properties or assets. |
| 4.
|
The
Company may invite a person or persons of
high rank and distinction to be the patron
or patrons of the Club.
|
| |
|
| LICENCE |
| |
|
| 5.
|
The
Company may have such category or categories
of Licensees as the Company may determine from
time to time including but not limited to the
following : |
| |
| (a)
|
Regular
Licensees; |
| (b) |
Owner
Licensees; and |
| (e) |
Term
Licensees. |
|
| |
|
| NOMINEES |
| |
|
| 6.
|
| (a)
|
The
Company reserves the right to withhold
its approval of any nomination of a Nominee
made by a Licensee. |
| (b)
|
A
Nominee shall, after the Company has given
approval to his nomination and subject
to Rule 6(c) be permitted to use the Club
and to enjoy the Privilege as if he was
the Licensee who nominated him. Family
Members of Nominees shall have the same
right to use the Club as Family Members
of Licensees. |
| (c) |
Nominees
will be required by the Company, as a
condition of their nomination being approved,
to undertake to abide by the Rules and
to pay to the Company the payments specified
under Rule 11. |
|
| |
|
| FAMILY
MEMBERS |
| |
|
| 7. |
| (a)
|
All
Family Members shall be entitled to enjoy
the Privilege in accordance with these
Rules provided that a Licensee or Nominee
shall only be entitled to nominate one
spouse to enjoy the Privilege. |
| (b) |
The
Licensee or Nominee shall at all times
be responsible and liable for the conduct
and behavior of his Family Members and
guests and any breach of the Rules by
a Family Member shall be deemed to be
a breach committed by the Licensee or
Nominee concerned. |
| (c)
|
The
Company reserves the right to withdraw
the Privilege of any Family Member to
use the facilities of the Club or any
part thereof. |
|
| |
|
| MEMBERS
OF AFFILIATED CLUBS, |
| |
|
| 8. |
| (a) |
A
member of an Affiliated Club may be admitted
to the Club as an Affiliated Member upon
such terms and conditions as the Company
deems fit. |
| (b) |
The
Privilege accorded to Affiliated Member
is strictly discretionary. The Company
reserves the right to refuse the Privilege
to an Affiliated Member without assigning
any reason therefore. |
| (c) |
The
Company may at any time and at its absolute
discretion withdraw the Privilege granted
under this Rule to an Affiliated Member. |
| (d) |
The
names of Affiliated Clubs shall be posted
on the notice board of the Club. |
|
| |
|
| PRIVILEGE
CARDS |
| |
|
| 9.
|
| (a) |
The
Company will issue one (1) Privilege Card
each to every Licensee, Nominee and their
Family Members. |
| (b) |
Privilege
Cards shall bear the name and photograph
of the holder of the card. Privilege Cards
issued to a Nominee shall bear, the name
of the Licensee nominating him and the
name and photograph of the Nominee. Privilege
Cards issued to a Family Member shall
bear the name of the Licensee or Nominee
from whom his Privilege is derived as
well as the name and photograph of the
Family Member. |
| (c)
|
A
Licensee and his Family Members shall
surrender all Privilege Cards issued to
them following the nomination of a Nominee
by the Licensee or following the transfer
of his Licence. A Nominee and his Family
Members shall surrender all Privilege
Cards issued to them following the nomination
of a new Nominee. |
| (d) |
All
Licensees or Nominees and their Family
Members must carry with them their Privilege
Cards and the same must be produced to
the management of the Club or the Club's
security guards when requested to do so.
The Company reserves the right to evict
or refuse admission to any Licensee or
Nominee or their Family Members who are
unable to produce their Privilege Cards.
Privilege Cards are non-transferable and
are the property of the Company and shall
be returned to the Company upon request
therefor. |
| (e) |
Any
Licensee or Nominee or any of their Family
Members who loses his Privilege Card must
report the loss in writing to the management
of the Club immediately upon discovery
of the loss. Lost or damaged Privilege
Cards may be replaced by the Company at
the expense of the Licensee or Nominee
concerned. |
|
| |
|
| GUESTS |
| |
|
| 10. |
| (a) |
Subject
to such limitation in number and frequency
as the Company may from time to time impose,
any person may be introduced by a Licensee
or a Nominee as a guest of the Club and
be entitled to use the facilities of the
Club. All guests shall be governed by
the Rules. Any guest using the facilities
of the Club shall pay such Guest Fees
as may be prescribed by the Company from
time to time. |
| (b) |
A
Licensee or a Nominee introducing a guest
shall write the name of the guest, his
own name and the period for which the
guest is introduced in a book kept for
that purpose at the Club and such Licensee
or Nominee shall be responsible for the
payment of the prescribed Guest Fees and
any charges incurred by such guests to
the Club. It is the duty and responsibility
of such Licensee or Nominee to acquaint
his guest with these Rules and to ensure
that his guest conducts himself properly
whilst in the Club and is accompanied
by him or one of his Family Members at
all times whilst on the Club's premises. |
| (c) |
The
Company may at any time withdraw the Privilege
from any guest without assigning any reason
therefor. |
| (d) |
No
person who has been expelled from the
Club or from whom the Privilege has been
withdrawn under these Rules may be introduced
as a guest to the Club. |
|
| |
|
| MONTHLY
SUBSCRIPTION, FEES AND OTHER PAYMENTS |
| |
|
| 11. |
| (a)
|
All
Licensees and Nominees shall pay to the
Company a monthly subscription to be determined
by the Company from time to time ("the
Monthly Subscription") throughout
the duration of their Licence or Privilege
or such other revised sum as may be stipulated
by the Company from time to time pursuant
to the provisions of Rule 13 hereof. Payment
of the Monthly Subscription shall commence
upon the opening of the Golfing Facilities
or part thereof for use. |
| (b) |
The
Monthly Subscription or charges incurred
by a Licensee shall be paid by the Licensee
or Nominee in full within fourteen (14)
days of the date of invoice by the Company. |
| (c) |
The
Company may at its absolute discretion
prescribe Guest Fees for use of the Club's
facilities by guests introduced by Licensees
or Nominees. The Company may at its absolute
discretion waive the Guest Fees in respect
of any guest. |
| (d)
|
The Company may at its absolute discretion
require a Nominee to pay an account deposit
of Ringgit Malaysia Five Hundred (RM500.00)
or such other sum as the Company may determine
from time to time to secure the payment
of debts and charges incurred or to be
incurred by the Nominee or his Family
Members to the Company. |
| (e) |
Without
prejudice to any other rights which the
Company may have under the Licence Agreement
or under these Rules or at law, if the
Licensee shall fail to pay the Monthly
Subscription and/or any other deposit,
charge or payment due to the Company on
the due date for payment, the Company
shall be entitled to levy a late payment
charge at such rate as may be determined
by the Company from time to time in its
absolute discretion on the total amount
outstanding from the expiry of the fourteen
(14) days period allowed for payment until
the date of full payment. |
| (f)
|
Unless
otherwise determined by the Company, all
Licensees and Nominees shall pay the development
fee referred to in Rule 13(b) (ii), if
imposed, within thirty (30) days of the
date of the notice requiring its payment. |
|
| |
|
| MANAGEMENT |
| |
|
| 12.1 |
Advisory
Committee |
| |
| (a)
|
Subject
to the overriding powers of the Board
of Directors of the Company ("the
Board"), the Advisory Committee shall
be constituted to consist of the General
Manager of the Club, the Golf Captain
and three persons nominated by the Board,
for the time being, for such period(s)
and with such powers as the Company may
in its absolute discretion deem fit. |
| (b)
|
The
General Manager shall preside as chairman
at all Advisory Committee meetings. The
General Manager shall be entitled to convene
a meeting of the Advisory Committee at
any time and as often as he thinks fit.
Any three members of the Advisory Committee
present shall form a quorum for all meetings
of the Advisory Committee. |
| (c) |
In
the absence of the General Manager, the
committee members present may appoint
from amongst themselves a person to chair
the meeting of the Advisory Committee
or adjourn the meeting until a new meeting
is convened by the General Manager. |
| (d)
|
Subject
to the overriding powers of the Board,
the Advisory Committee shall subject to
such terms, conditions and limits on its
authority as the Board may impose, have
general charge and management of all the
affairs and property of the Club and the
exercise of the Privilege and shall have
such administrative powers as may be necessary
for properly carrying out the objects
of the Club. The Advisory Committee shall
not however have the power to dispose
of any property or asset of the Club or
to incur any expense on behalf of the
Company without the express approval of
the Board. |
|
| 12.2 |
Advisory
Sub-Committee |
| |
| (a) |
The
Advisory Committee shall have the power
to appoint sub-committees consisting of
members of the Advisory Committee and/or
other Privileged Persons as it may deem
necessary or expedient for the object
of assisting any sports convenor in furthering
any particular activity of the Club. Each
such sub-committee shall keep minutes
of its proceedings which it shall produce
to the Advisory Committee and shall conduct
its business in accordance with the directions
of the Advisory Committee. |
| (b)
|
No
sub-committee shall have the power to
incur any expense on behalf of the Club
or give any warranty on behalf of the
Club except to such extent as the Advisory
Committee and the Board may, from time
to time, specifically authorise. |
| (c)
|
Subject
as aforesaid, no Privileged Person shall
have any say in the management or administration
of the affairs or business of the Club. |
|
| |
|
| EXPRESS
POWERS OF THE COMPANY |
| |
|
| 13. |
| (a) |
In
amplification and not in derogation of
the powers of the Company as proprietor
of the Club, the Company shall have full
power to make, alter, add to or repeal
these Rules and to promulgate new rules
on any matter. Such Rules so made, altered,
added to or repealed shall come into effect
at such time as may be determined by the
Company. The Company shall have full power
to decide all questions relating to the
management and administration of the Club
and all questions arising out of or not
covered by any' Rule and any decision
so made shall be final and conclusive
as against all Privileged Persons and
all others affected thereby. |
| (b)
|
The
Company shall be entitled at its absolute
discretion to : |
| |
| (i)
|
revise
or increase the Monthly Subscription,
the Nomination Fee, the Guest Fees
and any other deposits, fees and
charges payable from time to time
without prior notice; and |
| (ii)
|
levy
after 31st December 2005 a development
fee not exceeding twelve (12) times
the Monthly Subscription for the
time being and to be paid in such
manner as the Company may determine
from time to time. The development
fee shall not be levied more than
once in any year. |
|
|
| |
|
| LIABILITY
OF COMPANY AND COMMITTEES |
| |
|
| 14. |
| (a) |
Neither
the Company, the Advisory Committee nor
any sub-committee appointed thereunder
shall be liable to any Privileged Person
or Family Member or their guests for any
personal injury, damage loss or inconvenience
whatsoever or howsoever caused to or suffered
by them whilst on or within the Club's
premises or whilst using any of the Club's
facilities or to any goods or chattels
brought by any such person upon the Club's
premises and all Privileged Persons, Family
Members and their guests enter into or
onto the Club's premises and use the facilities
therein at their own risk and the Licensees
and Nominees shall indemnify the Company
and the Advisory Committee and any sub-committee
thereunder as aforesaid against all claims
and actions by any of their Family Members
or guests. |
| (b) |
With
respect to the foregoing paragraph a claim
shall include a claim in respect of the
condition of the Club's premises or for
breach of any statutory or common law
duty of care or for the negligence of
the Company or the Advisory Committee
or any sub-committee or of those for whose
negligence the Company, the Advisory Committee
or the sub-committee could or might be
held responsible. |
|
| |
|
| EXPULSION
SUSPENSION AND CESSATION OF LICENCE |
| |
|
| 15. |
| (a) |
If
any Licensee or Nominee or their Family
Member acts in any way prejudicial to
the interests of the Club or its Licensees
thereof or shall breach any Rule of the
Club, the General Manager shall inform
the Board of the complaint or infraction.
The Board may issue a show cause letter
or a caution or reprimand to or censure
the Licensee or Nominee concerned. If
the Board considers that there is sufficient
evidence to justify calling on the Licensee
or Nominee concerned to answer any charge
made against him or his Family Member
before a Disciplinary Committee, two weeks'
notice in writing shall be given to such
Licensee or Nominee informing him of the
charges made against him or his Family
Member and calling on him to attend a
hearing before a Disciplinary Committee
for the purpose of answering such charges.
At such hearing the Licensee or Nominee
concerned shall have the right to be heard
in his own defence. If after such hearing,
the Disciplinary Committee shall recommend
that such Licensee or Nominee be expelled,
the said Licensee or Nominee shall thereupon
cease to be a Licensee or Nominee as the
case may be. Notice of expulsion of a
Nominee shall be sent to the Licensee
nominating the Nominee concerned. The
Disciplinary Committee may, at the conclusion
of a Disciplinary Committee hearing, suspend
the Licensee or Nominee or impose any
other lesser penalty and no appeal against
the decision of the Disciplinary Committee
shall lie from it to any other tribunal
or to any Court of Law. |
| (b)
|
The
Disciplinary Committee may comprise such
number of members of the Advisory Committee
or any other person or persons whom the
Company deems fit to appoint to sit on
the Disciplinary Committee and shall have
the power to regulate its proceedings
as the Disciplinary Committee considers
expedient. A decision of a majority of
the members of the Disciplinary Committee
present shall be deemed a decision of
the Disciplinary Committee, and two members
of the Disciplinary Committee shall form
a quorum for any meeting of the same. |
| (c)
|
If
the Licensee or Nominee refuses for any
reason to attend the hearing to answer
the charge or charges made against him,
the Disciplinary Committee may nevertheless
in its absolute discretion proceed in
his absence to make a decision in respect
of the charge or charges against him. |
| (d)
|
A
person expelled hereunder shall not thereafter
be eligible for a Licence or be entitled
to enjoy the Privilege, save and except
that in the case of a Nominee being expelled,
the Licensee may appoint another Nominee
in his place and in such event the Nomination
Fee shall be payable and in the case of
expulsion of a Licensee, the Licensee
may transfer his Licence in accordance
with the terms of his Licence Agreement. |
| (e) |
Any
Licensee or Nominee : |
| |
| (i) |
who
has defaulted in payment of his
Monthly Subscription or any other
sum due to the Company for more
than thirty (30) days after the
due date (whether formally demanded
or not); or |
| (ii) |
who
has been adjudicated bankrupt or
enters into a composition or arrangement
under any provisions of the law
with any of his creditors; or |
| (iii)
|
who
has been expelled; or |
| (iv)
|
who
breaches any of the Rules or the
provisions of his Licence Agreement;
or |
| (v)
|
who
becomes an enemy alien; or |
| (vi) |
who
has been convicted of any offence
involving violence or dishonesty
or suffer imprisonment for any reason
whatsoever; or |
| (vii) |
who
leaves the country to escape from
criminal proceedings; may at the
absolute discretion of the Board
have his Privilege suspended for
such period as the Board shall deem
fit and provided always that the
Licensee or Nominee or his trustee
in bankruptcy or liquidator (in
the case of paragraph (ii) above),
shall remain liable for all outstanding
debts due by the Licensee or Nominee
to the Company. |
|
| (f) |
A
Licensee or Nominee on ceasing to be a
Licensee or Nominee under this Rule shall
forfeit all his rights to use or enjoy
the facilities of the Club but shall continue
to be liable for any monthly subscription
or other debt or sum due and unpaid by
him to the Company at the date of the
termination of his Licence or Privilege,
as the case may be, and be recoverable
by action or deductible from the Security
Retainer (where applicable) or other deposit
paid by the Licensee or Nominee and all
other moneys (if any) refundable to him
under his Licence Agreement. The Company
may, at its sole and absolute discretion,
reinstate the Licence or Privilege upon
payment of all arrears of subscriptions
and other payments as may be required
by the Company. |
|
| |
|
| CLUB
PROPERTY |
| |
|
| 16. |
No
Licensee or Nominee shall take away or permit
to be taken away from the Club's premises, any
property of the Club or belonging to the Company
under any circumstances, or injure or damage
any property of the Club and the Licensee or
Nominee shall indemnify the Company against
such loss injury or damage to the Club or its
property caused by him or any of his Family
Members or guests. |
| |
|
| RESERVATION
OF GOLFING FACILITIES AND CLUB PREMISES |
| |
|
| 17. |
The
Company may at any time and from time to time
by notice reserve the Golfing Facilities or
any part thereof or the whole or any part of
the Club buildings or premises including any
function rooms for any purpose whatsoever for
such period or periods and subject to such provisions
and limitations as to entry thereon or therein
whether by Licensees or any other person or
class of persons and upon such terms or payment
or otherwise as the Company deems fit. |
| |
|
| NOTICES |
| |
|
| 18. |
Any
notice or communication required to be served
under these Rules shall be in writing and shall
be sufficiently served if delivered by hand
or sent by registered post to the party to be
served to his last known address or to such
other address as may be notified in writing.
Any notice or communication delivered by hand
shall be deemed to be served at the time of
receipt thereof or if sent by registered post
shall be deemed to have been served at the time
when in the ordinary course of post it would
have been delivered. |
| |
|
| PROHIBITIONS |
| |
|
| 19.
|
Unless
expressly authorised by the Company in writing,
no Privileged Person or guest shall :- |
| |
| (a) |
participate
in any form of gambling within the Club's
premises; |
| (b)
|
bring
on or introduce to the Club any noxious
or dangerous substances; |
| (c) |
bring
any animal of any kind onto the Club's
premises; |
| (d)
|
use
any radios, tape players or any other
musical instruments in the Club so as
to cause a nuisance or annoyance to other
Privileged Persons therein; |
| (e)
|
give
any gratuity or money or make any loan
to any employee of the Club or the Company; |
| (f) |
bring
into the Club or consume therein any food
or drinks unless the same shall have been
purchased from the Club's food and beverage
outlets; |
| (g) |
indulge
or engage in any form of political activity,
demonstration, protest or campaigning
within the Club's premises; |
| (h)
|
reprimand
or in any way censure an employee of the
Company other than by written complaint
addressed to the General Manager; or |
| (i)
|
indulge
or engage in any obscene or unruly behaviour
whilst on the Club's premises. |
|
| |
|
| GENERAL |
| |
|
| 20.
|
| (a) |
Liability
of Licensees or Nominees for Family Members
and Guests
Any damage or injury to the property of
the Club caused by any Family Member or
guest shall be made good at the expense
of the Licensee or Nominee concerned. |
| (b)
|
Car
Parking |
|
All
Privileged Persons and guests are permitted
to park within the car parking spaces
marked for such purpose in the car parks
of the Club. For the purpose of clarification,
parking of a vehicle across two (2) bays
or in any bay reserved by the Company
shall be deemed a contravention of this
Rule. Any contravention of this Rule shall
subject the Licensee or Nominee to a fine
of an amount prescribed by the Company.
All fines levied or imposed under this
Rule shall be chargeable to the account
of the offending Licensee or Nominee concerned.
All cars belonging to Licensees or Nominees
must carry the appropriate Club car parking
stickers which are issued by, the Company
to the Licensee or Nominee at their expense. |
| (c)
|
Dress
code |
|
Licensees
and Nominees and their Family Members
and guests shall be properly attired in
accordance with any rule or regulation
made by the Company. |
|
| |
|
| INTERPRETATION |
| |
|
| 21. |
| (a) |
In
these Rules, unless the context otherwise
requires:- |
| |
| (i) |
Words
importing the masculine gender shall
include the feminine and neuter
gender. |
| (ii) |
Words
importing the singular shall include
the plural and vice versa. |
| (iii)
|
The
headings in these Rules are inserted
for convenience of reference only
and shall be ignored in the construction
or interpretation of these Rules. |
|
| (b)
|
Without
prejudice to the legal rights and obligations
of the parties under these Rules, the
Company may at its discretion refer to
any Licensee as a "Member" and
also refer to the "Licence"
or the "Privilege" as "Membership". |
| (c)
|
If
pursuant to Rule 21(b) hereof any written
notice or publication issued by the Company
contains the term "Member",
such term shall be construed to mean "Licensee"
for the purposes of these Rules. If any
written notice or publication issued by
the Company contains the term "Membership",
such term shall be construed to mean "License"
or the "Privilege" as the context
requires for the purposes of these Rules.
The terms "Owner Member", "Term
Member" and "Regular Member"
may also be used to refer to "Owner
Licensee", "Term Licensee"
and "Regular Licensee" respectively
and the terms "Owner Membership",
"Term Membership" and "Regular
Membership" shall have a corresponding
meaning. |
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