| |
RULES
AND REGULATIONS |
| 1. |
NAME
OF RESORT |
|
|
The
name of the resort is BUKIT KIARA EQUESTRIAN &
COUNTRY RESORT. |
| 2. |
OBJECT |
| |
The
objects of the Resort shall be to promote the sport
of equestrian and other sporting activities and recreational
facilities and to do all such other things which may
be required for the purpose of or conveniently used
in connection with any of the aforesaid activities
and/or facilities. |
| 3. |
OWNERSHIP
AND MANAGEMENT |
| |
The
proprietor and sole manager of the Resort is BUKIT
KIARA RESORT BHD, a company incorporated in Malaysia
and having a place of business at Jalan Bukit Kiara
Off Jalan Damansara, 60000 Kuala Lumpur, which shall
be solely responsible for all the management and administrative
matters of the Resort, the employment of staff, the
control of all financial matters and all other matters
relating to the Resort. |
| 4 |
MEMBERSHIP |
| 4.
1 |
Unless otherwise provided to the contrary by the Company,
any person or corporation may apply to become a member
of the Resort by submitting an official application
form duly completed and signed together with the required
payment of the entrance fee deposit and any other
sums levied as stated in the application form. |
| 4.2 |
All
applications will be processed by the Company whose
decision shall be final and all applicants shall be
notified by post regarding the outcome of their applications.
Every successful applicant shall be required to sign
the License Agreement referred to in Rule 4.3 within
fourteen (14) days from the date of the once given
by the Company. |
| 4
3 |
Membership
to the Resort shall be by way of a license and the
relationship between each Member and the Company will
be that of licensee and licenser and shall, save for
an Honorary Member or an Associate Member or a Member
introduced under Rule 5 (i), he governed by a separate
License Agreement
between the Member and the Company and the expression
"Member" as used in the context of these
Rules and the By-Laws shall, save for an Honorary
Member or an Associate Member or a Member introduced
under Rule 5(c), mean "Licensee' as referred
to in the License Agreement. Honorary Members and
Associate Members are mere or bare licensees while
admission as Members are at the absolute discretion
of the Company and subject to such terms and conditions
as the Company considers appropriate |
| 4
4 |
A
member shall not apply, whether in his own name
or in the names of other, for
further membership of any category in the Resort
|
| 5. |
CATEGORIES
OF MEMBERSHIP |
| |
Unless
otherwise determined by the Company, there shall be
the following categories of Members |
| (a) |
Individual
Members
Individual Members are those individuals over the
age of eighteen (18) years whose applications to
become Individual Members have been accepted by
the Company and who have not ceased to be Members.
|
| (b)
|
Legacy
Members
Legacy members are those Individuals whose parents
are current members of the Resort and who are between
the age of eighteen (18) years and twenty
one (21) years. |
| (c) |
Single
Person Members
Single Person Members are those individuals over the
age of eighteen (18) years. Members may submit written
applications to upgrade their membership
to Individual Members |
| (d)
|
Equestrian
Members
Equestrian Members are those individuals over the
age of eighteen (IS) years They are entitled to limited
facilities of the Resort as specified in the license
Agreement. Members may submit written application
to up?grade their membership to Individual Members. |
| (e)
|
Term
Members
Term Members are for a fixed period of time and depending
on the amount of initial fees payable. Term Members
may be entitled to enjoy all the facilities
of the Club, Term Members are restricted to Non-Malaysians
and are not entitled to use and enjoy the facilities
of Affiliated clubs, except in the Food
and Beverage outlets |
| (f)
|
Corporate
Members
Corporate Members are those companies duly incorporated,
with a registered office or a place of business in
and carrying on business in Malaysia and
whose applications to become Corporate Members have
been accepted by the Company and who have not ceased
to be Members. A Corporate Member
shall be entitled to nominate three (3) individuals
only who are directors, officers or employees of such
Corporate Members. |
| (g) |
Honorary
Member
The Company may honor, cause or elect any person to
be an honorary member in any of the following categories. |
| |
| (i) |
Honorary
Life Member; or |
| (ii) |
Honorary
Ordinary Member. |
|
| |
An
Honorary Life Member shall be exempted from the payment
of entrance fee and monthly subscriptions. An Honorary
Ordinary Member shall be exempted from the payment
of entrance fee only. An Honorary Member shall be
entitled to all privileges, facilities and amenities
of the Resort. |
| (h)
|
Associate
Members
The Company may at its absolute discretion allow any
individuals who arc visiting guests to become Associate
Members of the Resort and use the
the facilities of the Resort on such terms as it considers
appropriate |
| (i) |
Any
additional categories of Members which may from time
to time be created and/or introduced by the Company
on such terms and conditions as the
Company may determine. The term "Member' shall
include any one of the categories and classes of Members
listed above whale acceptance or admissions
as a Member shall be at the sole and absolute discretion
of the company |
| 6.
|
OTHER
CLASSES OF MEMBERS |
| 6.1.1
|
A
Member may apply to be listed as an Absent Member
where he expects to be absent from Malaysia for a
continuous period of not less than six (6)
months |
| 6.1.2
|
A
Member shall for the period he remains listed as an
Absent Member be required to pay a reduced monthly
subscription in such amount as the Club
may from time to time decide but in any event shall
not be less than half the normal monthly subscription.
The reduced monthly subscription shall
only be applicable far the month immediately following
the month in which the Member leaves Malaysia and
the month immediately preceding the
month in which the Member returns to Malaysia |
| 6.1.3
|
An
application for such tilting shall be made to the
following manner |
| |
| (i)
|
the
application shall be made not later than I (one)
month before the intended departure. |
| (ii) |
the
application shall be supported by such documentary
evidence as the Club may require; |
| (iii) |
the
application shall be accompanied by the full
payment of 6 (six) months advance subscription
at the reduced rate and the amount then outstanding
in the Member's account |
|
| 6.1.4 |
The
Club may at its absolute discretion reject any application
which does not comply with the provisions of paragraph
(6.1.3) above. |
| 6.1.5 |
The
Absent Member shall, immediately prier to his departure
from Malaysia be required to: |
| |
| (i) |
settle
in full any charges incurred for the period
after the approval of his application to be
listed as an Absent Member and before his departure;
and |
| (ii) |
surrender
to the Club his Membership Card and that of
his Family Members and car-stickers. |
|
| 6.1.6 |
An
Absent Member and his Family Members shall not be
entitled to enjoy the facilities of the Club whilst
listed as an Absent Member |
| 6.1.7 |
The
Club Shall be entitled to review a Member's status
as an Absent Member m the event of a default by the
Member of the provisions of (6.1.5.)
and (6.1.5) above. |
| 6.1.8 |
In the event the Absent Member shall return to Malaysia
prior to the expiration of the months for which the
advance subscription has been paid, the
Absent Member shall forthwith notify the Club whereupon
the Member shall no longer enjoy the status of an
Absent Member. The balance of the
advance payment for subscription made by such Member
shall be credited to the account of the Member. |
| 6.1.9 |
The
relevant Member shall automatically be taken off the
list of Absent Members upon the expiration of the
6 (six) months for which the advance
subscription has been paid. In the event the Member
intends to remain as an Absent Member, he will be
required to submit a fresh application m
accordance with the previsions of paragraph (6.1.3)
above. |
| 6.1.10 |
Notwithstanding
that the Members application to be listed as as Absent
Member may have been approved, the Club reserves the
right to review the
matter and require the Member to pay the full amount
of the subscription instead of the reduced amount
to the event the Club determines in its absolute
discretion that the circumstances were such that the
Member should not have been listed as an Absent Member. |
| 6.2 |
NOMINATIONS
BY CORPORATE MEMBERS |
| 6.2.1 |
The
Company reserves the right to withhold its approval
of any individual made by a Corporate Member in accordance
with Rule 5(f) in which event
the Corporate Member shall be permitted to submit
a further nomination. |
| 6.2.2 |
A
Corporate Member may apply to the company to make
changes to the nominated nominees approved by the
Company and the Company shall have
the right to approve or reject any such application.
The Company shall impose a change of nomination fee
for every change of nomination approved
by the Company in the amount and in such a manner
as the Company may from time to tune in its absolute
discretion determine and such fee shall he
payable by the Corporate Member prior to the change
of nomination. |
| 6.2.3 |
A
corporate nominee shall, after the Company has given
approval to his nomination and subject to Rule 18
be permitted to use the facilities of the
Resort as if he were an Individual Member unless and
until the Corporate Member notifies the Company that
he wishes to withdraw his nomination
Spouse and children under the age of eighteen (18)
of a corporate nominee shall have the same rights
to use the facilities of the Resort as spouse and
children under the age of eighteen (18) of an Individual
member. |
| 6.2.4 |
A
corporate nominee will be required by the Company
as a condition of his nomination being approved to
abide by the Rules and the By-Laws. |
| 6.2.5 |
The monthly subscription fee will be borne by the
Corporate Member (Licensee) during processing of new
nominee or during the vacant period of a nominee(s). |
| 6.3 |
NOMINATIONS
BY INDIVIDUAL MEMBERS |
| 6.3.1
|
An
Individual Member ("Nominating Member")
who' |
| |
| (a) |
is
holding a transferable membership; and |
| (b)
|
is
not in arrears in the payment of any subscriptions,
charges or other monies payable by the Nominating
Member in accordance with the provisions of
the License Agreement and/or the Rules; and |
| (c) |
is
not in breach of the provisions of the License
Agreement and/or the Rules; |
| may
after providing an adequate explanation satisfactory
to the Company and at the absolute discretion
of the Company and on such terms and conditions
which the Company may from time to time impose,
nominate ("Nomination') any person who
is a Malaysian ("Nominee') and approved
by the Company to enjoy and use the privileges,
facilities and amenities of and at the Resort
only ("Privilege") in accordance with
the terms of use of the License agreement of
the member in lieu of and to the exclusion of
the Nominating Member provided that the Nominating
Member |
| (d) |
shall
have submitted an application for Nomination
in such form as may be prescribed by the Company
from time to time. |
| (e) |
shall
have paid a nomination fee of such amount as
the Company may at its absolute discretion determine
from time to hint, |
| (f) |
the
Nominee shall have agreed in writing with the
Company to observe and perform and be bound
by all the covenants, stipulations, terms and
conditions set out to the License Agreement
and the Rules; and |
| (g)
|
the
Nominating Member shall have executed guarantee
and indemnity in favour of the Company for the
due observance and performance of all the obligations
of his Nominee imposed under the License Agreement
and or the Rules |
|
| 5.3.2 |
The
Company reserves the right to withhold its approval
of any nomination of an individual made by the Nominating
Member to which event the Nominating
Member may be permitted to submit a further nomination. |
| 6.3.3 |
The Nominating Member shall only be entitled to nominate
one (1) Nominee at a time and the period of the nomination
shall be for no less than six (6)
continuous months but in any case not to exceed twenty
four (24) months. The Nominating Members (including
his lawful spouse and children) rights
to the Privilege shall be suspended during the subsistence
of a Nomination. |
| 6.3.4 |
Every
Nomination shall be deemed to be current until the
Company has received written notification of no later
than 14 days of the termination of the
Nomination satisfactory to the Company or upon expiration
of the nomination period which is the earlier provided
however that the Company may by notice
in writing to the Nominee suspend the Nomination for
such period or duration as the Company may at its
absolute discretion determine: |
| |
| (a) |
if
the Nominee is in breach of any provisions of
the Agreement License Agreement and/or the Rules. |
|
| 6.3.5 |
The
Company may, at its absolute discretion, require a
Nominee to pay an performance retainer of Ringgit
Malaysia Five Hundred (RM500.00) such
other sum as the Company may determine from time to
time as security for the payment of the charges incurred
or to be incurred by the Nominee or
his lawful spouse and children (as defined in the
paragraph 9.2 of the Rules) at the Resort. |
| 7 |
NUMBER
OF MEMBERS |
| |
The
number of members shall be limited to such number
as the Board shall, at its absolute discretion deem
fit compatible to provide optimal enjoyment of the
facilities of the Club to the members. |
| 8 |
ENTRANCE
FEES |
| 8.1 |
The
entrance fee payable by an Individual Member and a
Corporate member shall be such sum as the Company
shall from time to time at its absolute
discretion determine. The Company may at its absolute
discretion demand entrance fees of varying amounts.
Payment of the entrance fee shall be in
accordance with and subject to the terms and conditions
of the License Agreement. |
| 8.2
|
The
expression "entrance fee" as used in the
context of these Rules end the By-Laws shall mean
"License Fee" as referred to in the License
Agreement. |
| 9 |
SUBSCRIPTION
AND OTHER PAYMENTS |
| 9.1 |
The
monthly subscription payable by an Individual Member
and a Corporate Member shall be such sum as the Company
shall from time to time at its
absolute discretion determine and shall be payable
in advance on the first day of each calendar month.
The Company may at its absolute discretion demand
monthly subscription of varying amounts. The expression
"subscription" as used in the context of
these Rules and the By-Laws herein shall mean "Monthly
Payments" as referred to in the License Agreement. |
| 9.2 |
The
Company may at its absolute discretion require the
Licensee to pay the Company the Performance Retainer
of such amount and at such time to time
during the continuance of this Agreement as the Company
may in its absolute discretion determine, as security
for the observance and performance by
the Licensee of its covenants and obligations hereunder
and the Company shall be entitled (but is not obligated)
to deduct from the Licensee to the Company
in accordance with this Agreement or the Rules and
in the event of such deduction, the Licensee may be
required to make up any shortfall in the amount
of the Performance Retainer In the event that the
Performance Retainer is increased, the Licensee shall
be required to make up the difference within seven
(7) days of such notice from the Company |
| 9.3 |
The
Performance Retainer will be refundable to the Licensee
free of interest upon a revocation or termination
by the Company of the License in accordance
with the provisions of this Agreement. |
| 9.4 |
The
Licensee shall be entitled to a refund of the Performance
Retainer or any part thereof in the event of an assignment
of this Agreement. |
| 10
|
FAMILY
OF MEMBERS |
| 10.1 |
Lawful
spouses of Members and of nominated individuals of
corporate Members shall be permitted to use the Resort
and shall be permitted to take part
in equestrian and other sporting and recreational
activities or pastime promoted by the Resort provided
that any restrictions applicable to the Member
shall also apply to the spouse and children of the
nominated individuals of a Corporate Member. |
| 10.2 |
For
the purpose of these Rules and the By-Laws the expression
"children" shall mean only unmarried children
below the age of eighteen (18) who are
members of the immediate family of any Member and
the immediate family of any nominated individual of
the Resort. |
| 10.3 |
Children
shall only be permitted into the Club House or such
other designated areas of the Resort premises and
to take part in any sporting and recreational
activities or pastime promoted by the Resort as may
be specified to these Rules and By-Laws. |
| 10.4 |
Lawful
spouse and children of Honorary Members shall be entitled
to exercise the privileges permitted to spouses and
children of Individual Members. |
| 10.5 |
Members
shall be fully responsible for the behaviour, conduct,
acts, default, negligence or omission (whether willful
or not) of their spouses and children
and their observance of the Rules and Regulations
of the Club |
| 10.6 |
Members
shall be liable for all dues and charges incurred
by their spouses and children in using the facilities
of the Club. |
| 11 |
MEMBERSHIP
CARDS |
| 11.1 |
The
Company will issue one membership card to every Individual
Member, Corporate Member, Single Person Member, Term
Member, Legacy Member,
Equestrian Member, Honorary Member and Associate Member.
Membership cards issued to Corporate Member and the
nominated individuals of such
Corporate Member approved 'by the Company. Spouses
and children of Members and of nominated individuals
of Corporate Members and Individual
Members may be issued membership cards in accordance
with the By-Laws. |
| 11.2 |
A
Licensee and his Family Members shall surrender all
Membership cards issued to them following the nomination
of a Nominee by the Licensee or
following the transfer of his License. A Nominee and
his Family Members shall surrender all Membership
cards issued to them following the nomination
of a new Nominee. Membership cards issued to Members
are not transferable and are properties of the Company |
| 11.3 |
A
Member shall immediately notify the Company in writing
if his membership card is lost or stolen. The Member
shall be liable and responsible for
all bills incurred by the fraudulent or unauthorised
use of the membership card until its return or receipt
by the Company of written notice of its loss
or theft. |
| 12 |
GUESTS |
|
12.1 |
Any
member or his spouse may subject to the By Laws of
the Resort introduced guests to the Resort. The name
of the guests introduced on to the Resort
premises must be entered into the Visitors'/Guest
Books. |
| 12.2 |
A
Member introducing a guest or whose spouse introduces
a guest shall be responsible for any debt to the Resort
incurred by such guest and for the
observance of such guest of the Rules and By-Laws
of the Resort. |
| 12.3 |
The
Company may impose a fee payable by Members for introducing
guests. |
| 12.4 |
The
Company may at any time at its discretion withdraw
the privileges of the Resort from any guests notwithstanding
Rule 12.1 ,above. |
| 12.5 |
The
Resort and/or the Company shall not be liable: |
| |
| (a)
|
in
respect of any death or personal injury of any
guests arising in any way through his use or
enjoyment of the Resort, its amenities, privileges
or other facilities howsoever arising; or |
| (b) |
for
the loss of or damages to any vehicle, article
or property whatsoever brought upon the Resort
premises or ground by a guest or entrusted to
an employee of the Resort. |
|
| 12.6 |
No
person (including any nominated individuals in the
case of a Corporate Member) who has ceased to be a
Member under any of the Rules hereunder
or from whom the privileges of the Resort have been
withdrawn or who has been declared by the Company
to be unsuitable to be introduced as a guest may be
introduced as a guest to the Resort unless with the
express permission of the Company. |
| 13.
|
VISITORS |
| 13.1 |
The
Company may permit any member or any afflicted Club,
which has agreed with the Company to extend similar
or other privileges to the Members,
to be a visitor of the Resort and to enjoy the facilities
of the Resort on such terms and conditions as the
Company shall determine and upon such
visitor or visitors abiding the Rules and By-Laws
of the Resort. |
| 13.2 |
Any
such visitor shall when to the Resort and in the Resort
premises be required to first write his name, address
and membership number of his club in the Visitors'/Guest
Book kept for such purpose at the Club House of the
Resort. |
| 14 |
BY-LAWS |
| 14.1 |
The
Company may from time to time make By-Laws concerning
any of the matters referred to in these Rules or any
other matters relating to the Resort and such By-Laws
shall be deemed to be incorporated as part of these
Rules. It is intended that such By-Laws shall deal
in great detail with the matters set out in these
Rules and with the use of particular facilities of
the Resort premises. |
| 14.2 |
The
Company may at any time and from time to time, vary
and revoke the By-Laws for the time being in force.
All By-Laws so long as they shall be
to force shall be binding upon all Members of the
Resort. |
| 15. |
AMENDMENTS
AND INTERPRETATION OF RULES |
| 15.1 |
These
Rules and the Bye-Laws may only be amended or repealed
from time to time by the Company who shall take cognizance
of the recommendations and/or suggestions made by
the Individual and Corporate Members but shall not
be bound to act on such recommendations and/or suggestions. |
| 15.2 |
Any dispute or difference as to the interpretation
or meaning of these Rules and By-Laws made hereunder
or any other matter connected with the Resort shall
be solely determined by the Company whose decision
shall be final and binding on all Members. |
| 15.3 |
These
Rules and the By-Laws made hereunder shall be printed
and copies shall be available to all Members on application
to the Company. |
| 15.4 |
A
certified copy of the Rules and the By-Laws of the
Resort and shall be kept available in the Club House
of the Resort for inspection by Members
and other persons using the Resort. |
| 15.5
|
Every
Member of the Resort shall be bound by the Rules and
the By-Laws of the Resort and shall be deemed to have
full notice thereof whether he
shall or shall not have read or obtained a copy thereof |
| 16. |
MISCELLANEOUS |
| 16.1 |
The
Club House shall be open daily from such time and
for such duration as may be fixed by the Company from
time to time PROVIDED ALWAYS
that the Company shall be entitled at any time and
from time to time by notice, whether generally or
for the particular occasion alter, extend or restrict
the hours for which the Club House shall be opened. |
| 16.2 |
The
Company may at any time and from time to time by notice
reserve the whole or any part or parts of the Club
House, any of the Facilities and other premises in
connection therewith and other parts of the Resort
premises for any purpose whatsoever for such period
or periods and subject to such provisions and restrictions
as to entry thereon by any Member whether upon terms
and payment or otherwise as the Company may think
fit. In particular and without derogation from the
generality of the power aforesaid, the same may be
exercised in connection with competitions, tournaments,
exhibition matches, fetes, galas, celebrations and
entertainment and functions of all kinds and shall
include the loan or hire of the Resort premises or
any part thereof. |
| 16.3 |
No
Member shall give directly any money, present or gratuity
to any employee of the Resort under any circumstances
whatsoever. |
| 16.4 |
No
Member shall reprimand any Resort employee. In the
event of any fault being found a complaint may be
made in writing to the Company or 'entered
in the comment slip provided for the purpose by the
Member. |
| 16.5 |
No
food cooked outside the Resort or wines or liquors
shall be brought into the Resort on any pretext whatsoever,
except with the consent of the Company. |
| 16.6 |
Any
Member breaking or damaging the property of the Resort
shall pay to the Resort the cost of making good the
damage. The amount of such cost shall be
assessed by the Company whose decision shall be final. |
| 16.7 |
Save
and except at such areas designated by the Company
for horses and such other animals as the Company may
at its absolute discretion determined or allowed,
no animals shall be allowed to be within the premises
of the Resort. Any Member whose animal enters the
Resort premises or any part thereof, shall be liable
to a fine to be determined by the Company for each
offence. |
|
16.8
|
Books,
periodicals, newspapers, and such other reading materials
provided by the Company, shall no account be removed
from the Resort or Club House,
except in accordance with the By-Laws. |
| 16.9
|
The
Resort and/or the Company shall not be liable in respect
of the death or personal injury of any Member, or
any family of any Member or any nominated
individual of any Corporate Member arising in any
way out of his membership of the Resort or through
his or their use or enjoyment of the Resort, its amenities,
privileges or other facilities howsoever arising. |
| 16.10
|
The
Resort and/or the Company shall not be liable for
the loss of or damage to any vehicle, article or property
whatsoever brought upon the Resort premises or
ground by a Member or any family of any Member or
any nominated individual of a Corporate Member or
entrusted to an employee of the Resort. |
| 16.11 |
The
Company may impose fines of such amount as the Company
shall from time to time at its absolute discretion
determine on any Member or their guests who
park or permits to be parked cars and other vehicles
in contravention of any regulations as to parking
that may from time to time be in force. All such regulations
shall be posted on the Resort's notice-board. |
| 17
|
PROHIBITIONS |
| 17.1 |
Gambling
of any kind is forbidden on the Resort premises. The
introduction of materials for drug (dadah) taking
and of bad characters into the premises is
prohibited. |
| 17.2 |
Notwithstanding
the provisions of Rule 17.1 above jackpot machines
may be installed in the premises and lotteries organized
with the specific approval of the
Company and the relevant government authorities. Only
Members, nominated individuals and the lawful spouses
of Members and of nominated individuals shall
be permitted to play the jackpot machines. |
| 18 |
TERMINATION
OF MEMBERSHIP |
| 18.1 |
Unless
otherwise decided by the Company, if any Member or
Nominee: |
| |
| (a) |
is
convicted of any offence involving violence
or dishonesty or shall suffer imprisonment for
any person whatsoever, or |
| (b) |
becomes
an enemy alien; or |
| (c) |
is
adjudicated a bankrupt or makes composition
or arrangements with his creditors; or |
| (d) |
leaves
the country to escape criminal proceedings;
or |
| (e) |
being
a company or corporation enters into liquidation
whether voluntary or otherwise; or |
| (f) |
fails
to observe and conform to any of the Rules and
Regulations of the Club; or |
| (g) |
defaults
in any of the installments payable by him
under the Installment Plan of the Company
or the end-financing facility granted by financial
institution to him in respect of the Initiation
Stun payable by him.
|
| then
the License granted by the Company to him shall
be terminated by the Company by notice in writing
to such Member without prejudice to the Companies
claim against him for outstanding sums due by
him to the Company. |
|
| 18.2 |
Upon
ceasing to be a Member, such person (including any
nominated individuals) and his spouse and children
shall no longer have any rights or privileges of
membership nor shall he be entitled to continue to
use any of the facilities of the Resort and shall
immediately surrender all membership cards and car-stickers
of
the Resort to the Company. |
| 19
|
SUSPENSION
OF MEMBERSHIP BY BANKRUPTCY, CONVICTION, ETC. |
| |
Any
Member and any nominated individual who is adjudicated
a bankrupt or who makes a composition with his creditors
under the provisions of any statute or is convicted
of any offence other than minor traffic offence shall
thereupon have his membership or nomination suspended
until such time as his adjudication is annulled or
his conviction set aside. |
| 20 |
EXPULSION
OR SUSPENSION OF MEMBER FOR MISCONDUCT |
| 20.1 |
The
Company may expel from the Resort or suspend (for
such period as shall be determined by the Company
at its absolute discretion) any Member whose conduct
is such as shall in the Company's opinion be injurious
to the character of the Resort or the interests of
the Company or of the Members. Before a Member is
expelled or suspended his conduct shall be inquired
into by at least three (3) members of the board of
directors of the Company or a disciplinary committee
formed by the Company for such purpose and he shall
be given full opportunity to defend himself and to
justify or explain his conduct. If a majority of the
board
or the committee inquiring into the matter are of
the opinion that the member has been guilty of such
conduct as aforesaid and such Member has failed to
justify
or explain it satisfactorily, the board or the committee
may suspend or call upon the Member to resign and
if he does not resign, the Company may expel him. |
| 20.2 |
A
Member who has been expelled shall subject to the
Rules relating to assignment of membership herein
within one (1) month from the date of his expulsion
(of
which time is of the essence) transfer his/its membership
to another person or company as the case may be. |
| 20.3 |
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 License
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 License Agreement. The Company may,
at its sole and absolute discretion, reinstate the
License or Privilege upon payment of all arrears of
subscriptions and other payments as may be required
by the Company. |
| 21
|
ASSIGNMENT |
| 21.1 |
All
the right, title and benefit and privileges of an
Individual Member, a Corporate Member, Single Person
and Equestrian Member under the License Agreement
can be assigned (in whole but not in part) subject
to the prior consent of the Company and subject to
the terms and conditions of the License Agreement
and this Rule 21.1 All rights and privileges of an
Honorary Member an Associate Member Legacy Member
and Term Member shall not be assigned or transferred. |
| 22
|
TRANSMISSION
OF LICENSE ON DEATH |
| 22.1 |
On the death of an Individual Member, the Company
shall upon the production of grant of letters of administration
or probate, as the case may be, transmit the
License of the deceased Member to his administrator
or executor or beneficiary, as the case may be. |
| 22.2
|
Pending
the transmission of the License to the administrator
or executor or beneficiary of the deceased Member
in accordance with Regulation 22.1 above the living
spouse and unmarried children below the age of 18
of the deceased Member, who are living with the living
spouse shall be permitted to continue to use and enjoy
the said License PROVIDED THAT the living spouse settle
all outstanding sums due by the deceased Member to
the Company and be liable for all monthly subscription
fee and dues and charges incurred thereof |
| 23 |
NOTICES |
| 23.1 |
Each
Member shall register in writing with the Company
an address to which any notices, accounts or other
correspondence are to be sent and notify the Company
of any changes to his registered address or telephone
number. |
| 23.2
|
Any
notice to be given to any Member may be given by sending
the same by post addressed to the Member at his registered
address. Any notice to be given to the Company may
be given by sending the same by post addressed to
the Company at its registered office for the time
being |
| 23.3
|
Any
notice given by post shall be deemed to have been
served on the day following the day on which the same
was posted PROVIDED ALWAYS that this Rule 23.3 shall
not apply to a notice given by a Member in accordance
with Rule 11.3. |
