RULES of THE
DILWORTH OLD BOYS’ ASSOCIATION, INCORPORATED 1949


(Registration No 221579)
(In these Rules referred to as ‘the Association’)

 

  1. The name of the Association shall be ‘The Dilworth Old Boys’ Association Incorporated’.
  2. The Registered Office of the Association shall be situated at the Dilworth Trust Board office, Dilworth School, Erin St, Epsom, Auckland.
  3. The objects of the Association are:    
    1. To foster good fellowship among all Dilworth Old Boys and to maintain their interest in the School.  
    2. To keep before Old Boys their duty to assist, particularly younger members, in gaining a foothold in their chosen trades and professions on leaving school.

REGISTRATION

  1. The Association shall be registered under the Incorporated Societies Act 1908.

MEMBERSHIP

  1. The Association shall consist of three classes of members viz., Ordinary, Honorary and Honorary Life Members.

ORDINARY MEMBERS

Ordinary members shall be ex-pupils of the Dilworth School (thereinafter referred to as ‘the School’ and the members of the Association shall consist of the following:

    1. Those ex-pupils of the School whose names were on the roll of the Association on the seventeenth day of March 1919, and who shall also be known as Foundation Members.  
    2. Those ex-pupils of the School who are on the roll of the Association as financial members at the date of incorporation.
    3. Such other members as may be elected as hereinafter provided.

(i) Candidates for Membership must be ex-pupils of the school. Each candidate must be nominated in writing by two financial members of the Association and must at the time of nomination deposit with the Secretary the first year’s subscription which shall be credited to his account if he is elected and refunded if he shall be unsuccessful.

(ii) Each candidate for membership shall be proposed and seconded at the first regular meeting of the Council held after receipt of the candidate’s application, and if approved by a two-thirds majority shall be admitted as a member of the Association.

HONORARY MEMBERS (formerly called Vice-Presidents)

Honorary members shall pay such subscription as the Council may from time to time determine and consist of the following:

    1. All members of the Association who on the incorporation of the Association were on the roll as Honorary Members.  
    2. Any person (whether qualified for membership under Rule 5 (or not) who in the opinion of the council has rendered meritorious services to the Association or whom the Council may deem worthy of the honor of becoming Honorary Members may be elected by the Council Honorary Members of the Association. Such Honorary Members shall remain Honorary Members  at the pleasure of the council.  
    3. All members of the Royal School Dungannon Old Boys Association in Northern Ireland are entitled to be Honorary Members of the Association.

Honorary Members shall not be entitled to vote at meetings of the Association, nor to hold office and shall be permitted to speak at such meetings only with the consent of two-thirds of those present at such meetings.

HONORARY LIFE MEMBERS

Honorary Life Members shall be exempt from payment of annual subscriptions and shall consist of the following:

    1. All members of the Association who on the incorporation of the Association were on the roll as Honorary Life Members.  
    2. Any member or Honorary Member who has rendered meritorious service to the Association and/or whom the Council may deem worthy to be an Honorary Life Member who on the recommendation of the council to any General or Special General Meeting of the Association is elected as an Honorary Life Member by a two-thirds majority of those present at such meeting and entitled to vote. Such Honorary Life Member when duly elected shall be entitled thereafter to all the rights and privileges of Membership.

GENERAL

    1. A member of the Association may resign his membership at any time, but shall pay all his subscriptions due to the time of his resignation, subject to exemption appearing in Rule 7d thereof.

NOTICE TO MEMBERS

  1. Any notice sent to a member’s last known place of address shall be considered proper notice under these Rules and Regulations.

FINANCIAL YEAR

  1. The financial year shall commence on the first day of January in each year and close on the last day of December in the year.

FEES AND SUBSCRIPTIONS

    1. All subscriptions shall be paid in advance to the Secretary and shall be due and payable on the first day of the financial year, and any member whose subscription remains unpaid after the expiration of twelve calendar months from the date on which it became due shall be debarred from taking part in or voting at any meeting of the Association.
    2. For the purposes of subscriptions the Association shall be divided into Senior and Junior Members. A Senior Member shall be a member of twenty–one years of age and upwards at the beginning of the financial year, and all others shall be junior members.
    3. The Annual Subscription shall be such sum as shall be fixed by the Council provided, however, that any member admitted to membership after the first day of October in any year shall be liable only for one half the subscriptions for that financial year.
    4. The Council shall have power to remit the subscriptions of any member who is unable to pay the same.

COUNCIL OF MANAGEMENT

  1. The affairs of the Association shall be under the sole management of following officers viz: The President, the immediate past President and eleven other members whose powers of expenditure shall include grants for the relief of members in distressed circumstances. In addition to the above officers the headmaster for the time being of the School shall, while holding that position, be ex-officio a member of the Council but shall not have voting powers. The first immediate past President to hold office in the first Council shall be the member entitled to hold that office had the Association not been incorporated.
  2. Every elective member of the council shall retire at each Annual General Meeting but shall be eligible for re-election and shall, unless he shall have signified to the Secretary his desire not to offer himself for re-election or unless he shall be disqualified, be deemed to be duly nominated for re-election.

QUALIFICATION AND ELECTION FOR OFFICE

10.

    1. Candidates for office on the Council shall be financial members of the Association.  
    2. The elective members of the Council of management provided for in rule 8 shall be elected by the Association, except as otherwise provided in the case of extraordinary vacancies, in the manner and subject to the conditions following:

(i) Each candidate for office who must himself be a financial member of the Association, and not being a retiring member of the Council, must be duly proposed and seconded by a financial member of the Association at the Annual General Meeting and the candidate himself must signify his consent to accept the nomination.
(ii) If the number of candidates for any office does not exceed the number required to be elected the members nominated shall be declared elected.
(iii) Elections shall be by ballot at the Annual General Meeting under the control of a returning officer and scrutineers who shall be appointed by the members at the Annual General Meeting.
(iv) The result of the elections shall be declared and the newly elected President installed immediately before the close of the Annual General Meeting. The newly elected Council shall take office at the first regular meeting of the Council following the Annual General Meeting.

FORFEITURE OF OFFICE

  1. If any member of the council is absent from three (3) consecutive Regular Meetings of the Council without leave granted by resolution recorded in the minutes, or allows his subscription to fall into arrears, or is convicted of an offence punishable by imprisonment without the option of a fine, the Council shall declare his seat forfeited.

VACANCIES

  1. If any one or more of the Patron, Vice-Patrons, President, Vice-Presidents or Members of the Council for the time being, should die, resign or forfeit his or their positions or if there shall be no candidate nominated at an ordinary election of such officers, the Council shall have power to fill the vacancy or vacancies.

COUNCIL’S POWER DUTIES

13.   

    1. The Council shall meet regularly once in each calendar month. The President may on his own motion, or on receipt of a requisition signed by not less than two-thirds of its members, call a Special Meeting of the Council, by a notice to their last known address, forty-eight hours before the time fixed for a meeting. At all meetings five shall form a quorum.
    2. At the first meeting of the Council a Deputy Chairman shall be elected who shall hold office for the ensuing year and who shall preside at meetings in the absence of the President.  
    3. The Council shall have the power to make regulations, not inconsistent with the Rules, or with the law, for the regulation and management of the Association or any part of its business. All such by-laws shall be submitted to the next General Meeting for approval.
    4. The Council shall have the power to make by-laws not inconsistent with the Rules, or with the law, for the regulation and management of the Association or any part of its business. All such by-laws shall be submitted to the next General Meeting for approval.
    5. The Council shall have power to appoint, suspend or dismiss, summarily otherwise, any salaried officer or servant of the Association
    6. If any member shall be guilty of any wilful infringement of the Rules of the Association or any of the by-laws or regulations of the Council, or if any Member shall, in the opinion of the Council, be guilty of conduct derogatory to the character of a gentleman or prejudicial to the interests of the Association, it shall be in the power of the Council (not less than eight being present), by a two-thirds majority of those present eight to suspend such Member and to deprive him of the privileges of membership for such period as they shall think fit, or to expel such Member and in case he shall be so expelled he shall at once cease to be a Member of the Association.
    7. The Council are the sole authority for the interpretation of these Rules and of the by-laws and regulations made thereunder, and the decision of the Council upon any question of interpretation or upon any matter affecting the Association, and not provided for by these Rules or by the by-laws and regulations made thereunder, shall be final and binding on the Members.
    8. The Council shall at the first meeting of the Council held after the Annual General Meeting appoint the Secretary and Treasurer. The tenure of such offices shall be determined from time to time by the said Council.

MEETINGS

14.

    1. There shall be an Annual General Meeting during the month of March in each year or in such other month as the Council shall deem it necessary, for the purpose of the general business of the Association, electing office bearers and receiving from the Council the Annual Report and an abstract of the Accounts of the Association for the preceding financial year. Notice of such Annual General Meeting shall be forwarded to financial Members at least seven days prior to the date of such meeting. Copies of the Annual Report and abstract of the accounts shall be available to members attending the meeting. The date of the Annual General Meeting shall be fixed by the Council not later than at the November meeting of the Council.
    2. At every General Meeting of the Association and at every meeting of the Council the President shall preside as Chairman and in his absence the Deputy chairman shall preside. In the absence of both the President and the Deputy Chairman the members present shall elect one of their number to act as Chairman. In all cases of equality of voting the Chairman for the time being shall have the second or casting vote.
    3. At any General Meeting twenty-five (25) Members shall form a quorum.
    4. The usual rules of debate shall be followed, each Member speaking once only to each motion or amendment, except the mover, who may reply. The mover of any resolution or substantial amendment shall be allowed five (5) minutes in which to introduce his proposition and ten (10) minutes to reply, or vice versa; any other speaker shall be allowed ten (10) minutes. The Chairman shall decide whether any amendment proposed is a substantial amendment or not. If freer discussion of any subject is desired, any member may move that the meeting go into committee on that subject, and such motion shall be immediately put and decided by a show of hands. In committee no member shall speak for more than five (5) minutes at a time. When in committee any Member may move that the ordinary meeting be resumed, and such motion shall be immediately put and decided by a show of hands. Any General meeting may by resolution be adjourned at any time within one month thereafter.
    5. At any meeting (unless a poll is demanded by fifteen (15) members) all resolutions shall be decided by a show of hands, and a declaration by the Chairman that a resolution has been carried by a particular majority, or lost, or not carried by a particular majority, shall be conclusive.

SPECIAL GENERAL MEETING

  1. The President may call a Special General Meeting at any time and do so immediately upon the request being made to him by resolution of the Council or upon the receipt of a requisition signed by not less than fifteen (15) members, stating the purpose for which such General Meeting is desired. Such resolution of requisition shall not be brought before the Members again within twelve months from the original resolution or requisition. Similar notice shall be given to members as for the Annual General Meeting, the purpose of the meeting being also notified in such notice. At a Special General Meeting no other business than that for which the meeting is called shall be dealt with except on a motion of which notice has been given as above.

AUDITORS

  1. One or more Auditors shall be appointed at each Annual General Meeting to examine the accuracy of the accounts and to report to the next Annual General Meeting.

SOLICITOR

  1. The Council shall have the power to appoint a Solicitor at any time it deems necessary.

TREASURERS

18.

    1. The Treasurer shall be responsible for the following duties:

(i) To hold and keep up to date all cash books and books of accounts.
(ii) To receive and bank to an account approved by the Council all monies received by the Association, and to give receipts for the same.
(iii) To prepare for payment all accounts received and to submit these to Council for approval at the monthly meetings.
(iv) To pay all accounts which have been so approved by Council.
(v) To submit to each Council meeting a financial report. Such report shall include current balances, accounts paid and to pay, monies banked and to bank, and any other relevant matters and documents.
(vi) To ensure that the Association’s annual subscription notices are sent to members and potential members.
(vii) To prepare within fourteen (14) days after the end of each financial year a balance sheet for the year in readiness for the Council and its auditor.

    1. In the event of the Treasurer being absent the President shall see that all monies received by the Secretary are so deposited into the bank as stated above, all accounts shall be submitted to, and passed by the Council before payment and all payments made on behalf of the Association shall be by cheque or bill, on behalf of the Association shall be by cheque or bill, signed by either Secretary or Treasurer or the Assistant Secretary or Assistant Treasurer, together with either the president or a member of the Council. The Bankers of the Association shall be the Auckland Savings Bank or the Post Office Savings Bank or any such other bank or banks as the council shall from time to time direct.

SECRETARY

19.

    1. The Secretary shall be responsible for the following duties:

(i) To uplift, open and read to Council all correspondence received.
(ii) To conduct and read all correspondence to council sent on behalf of the Association.
(iii) To take and prepare and keep minutes of all meetings (except of sub-committees) of the Council or the Association.
(iv)To prepare and send to each Council member a copy of the  minutes of the previous meeting and an Agenda for the following meeting, to be dispatched in a reasonable time in advance.
(v) To be responsible for the storing of all books and property of the Association.
(vi) To keep an up to date Register of all Dilworth Old Boys.
(vii) To keep a register of all Association Cups and Trophies and the whereabouts of these, the winners thereof and to appropriately engrave such names thereon. To arrange and effect a continuing listing upon such Honours Boards as the Association my possess. To register, issue and control all keys of the Association.
(viii) To perform any other duties imposed on the Secretary by the rules of the Council.

    1. The secretary shall, if required by the Council hand and over all books, papers and documents in his possession the property of the Association to the President upon receiving seven (7) days previous notice in writing.

INVESTMENT COMMITTEE

  1. There shall be an Investment committee consisting of three or more members of the Council to be appointed from time to time by the Council. The Investment Committee shall invest in the name of the Association in such investments as trustees are by law authorized to invest trust moneys or in such other investments as the Council may from time to time approve, such of the funds as the Council shall from time to time direct to be invested.

BADGES

  1. A distinctive badge shall be issued to all members at a nominal charge, to be worn as occasion warrants. The badge of the Association shall at all times remain the property of the Association and every member on ceasing to be a member shall forthwith hand over to the Secretary any badge or badges in his possession.

PROPERTY

  1. All books, reports etc, shall be the property of the Association.

DONATIONS

  1. All donations or bequests (unless for a special purpose) shall be appropriated to any object the Council may deem expedient.

AMENDMENT OF RULES

  1. These Rules shall be added to, repealed, or amended by resolution at any Annual or Special Meeting, provided that at least one calendar month’s notice of such proposed amendment shall have been given in writing to the Secretary and no such resolution shall be deemed to have been passed unless it be carried by a majority of at least two-thirds of the member voting thereon. Upon receiving the notice of proposed amendment, the Secretary shall ensure that it is included on the Agenda for the Annual or Special Meeting and that full details of the proposed amendment be given with the notice calling such a meeting.

WINDING UP

  1. The Association may be wound up voluntarily if the Association at a General Meeting of its members passes a resolution requiring the Association to be wound up, and the resolution is confirmed at a subsequent General Meeting called together for that purpose and held not earlier than 30 days after the date for which the resolution so to be confirmed was passed. Upon the Association being dissolved by the Registrar or being wound up, all surplus assets, after the payment of all costs, debts and liabilities, shall subject to any trust affecting the same be disposed of in such manner as shall be decided by the Association in General Meeting.

COMMON SEAL

  1. The Association shall have a common seal which shall be in the custody of the Secretary. It shall be affixed to any instrument or document only by the Authority of the Council and in the presence of the President and one member of the Council or any two members of the Council.

POWERS TO BORROW

  1. If at any time the Association in General Meeting shall pass a resolution authorizing the Council to borrow money, the Council shall thereupon be empowered to borrow for the purpose of the Association such amount of moneys either at one time or from time to time at such rate of interest  and in such form and manner and upon such security as shall be specified in such resolution and thereupon the committee shall make all such dispositions of the Association’s property or any part thereof and enter into such agreements in relation thereto as the Council may deem proper for giving security for such loans and interest. All members of the Association, whether voting on such resolution or not, and all persons becoming members of the Association after the passing of such resolution, shall be deemed to have assented to the same as if they had voted in favour of such a resolution.

CLAIMS TO PROPERTY

  1. No member who ceases to be a member shall have any claim upon the Council of the Association, either collectively or individually, or to any property whatsoever of the Association.

ACQUIESCENCE IN RULES

  1. A copy of these Rules shall be handed to any member of the Association who shall apply for the same and the payment of any subscription implies, and will be considered to imply a member’s acquiescence of these Rules. No member shall be absolved from the effect of these Rules on the ground that he has not secured a copy thereof.