Supplementary rule One, It is important to remember not to upset Sheila.
Supplementary rule Two, It is very important not to forget supplementary rule One.
RULES.
LITTLE IRCHESTER PERMANENT
ALLOTMENT ASSOCIATION.
All previous Rules rescinded
Name and Objects
1. The Society shall be called “THE LITTLE IRCHESTER PERMANENT ALLOTMENT ASSOCIATION, LIMITED, and its objects shall be to carry on the industries, businesses, or trades of farmers, gardeners, and the trade of buying and selling of land. The Society shall be limited to 150 Members.
Registered Office
2. Its registered office shall be 1, Daniels Road, Little Irchester, Wellingborough, Northants.
In the event of any change in the situation of the registered office, notice of such change shall be sent within 14 days thereafter to the Registrar in the form prescribed by the Treasury Regulations.
Use of Name
3. The registered name of the Society shall be kept painted or affixed on the outside of every office or place in which the business of the Society is carried on, in a conspicuous position, in letters easily legible, and shall be engraven in legible characters on its seal, and shall be mentioned in legible characters in all notices, advertisements and other official publications of the Society, and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods, purporting to be signed by or on behalf of the Society, and in all bills, invoices, receipts and letters of credit of the Society.
Membership
4. Members shall be elected by a majority present at a meeting of the Members of the Committee of the Association. Every person renting land from the Society shall become a Member and shall be deemed to have applied for one share. Each new member shall be required to serve a probationary period of one year before being issued with a share and may be removed from the Association, if found to be unsatisfactory, by a majority vote of the members of the Committee.
5. No member (other than a registered society under the Industrial and Provident Societies Act, 1965) shall hold an interest exceeding £50 in the shares of the Society.
Capital
6. The Capital of the Association shall consist of shares of £50 each, one share of each member to be transferable only. Each transferee to be approved by the managing committee. All other shares are to be withdrawable on six months’ notice being given in writing to the Secretary. The share capital shall be invested on the authority of a majority of the members, in the purchase or taking of land or cropping.
Repayment by Request. The Committee may on application of a member, in case of distress or removal from the district or for other good reason, repay on any share held by him a sum not exceeding the amount paid up and cancel the share.
Loans
7. The Committee of Management may obtain advances of money for the purposes of the Association from time to time, from any person whether a member of the Association or not, upon the security of bonds, or cropping, or if a mortgage (either legal or equitable) of any property thereof, the amount so obtained shall not exceed £25 per acre on the cropping on the land; deposits shall not be received.
The Committee may contract any such loan, on such terms as to the time and manner of repayment as it thinks fit, the rate of interest agreed to be given on any such advance shall not exceed five per cent per annum, or one per cent per annum. above the Bank of England’s minimum lending rate whichever is the higher. Loans from any one member shall not exceed £100. The total loans received by the Association shall not exceed half the capital subscribed.
Meetings
8. The Committee Meetings of the Society shall be held on the last Tuesday in each month, at the Registered Office of the Society. The Secretary and Treasurer shall attend at the registered office on the 3rd of October, and the 29th of March, for the receipt of rents and all monies due to the Society; and quarterly meetings shall be held on the first Thursday in March, June, September and December at Little Irchester, at 8 pm; the meeting in January to be the annual meeting, when the officers for the ensuing year shall be elected by ballot; and at all open Meetings of the Society each member shall address the chair upstanding. No member shall speak more than once on the same subject, unless to explain, and that by permission of the chair, except the mover and seconder of a resolution, who shall have the right to reply. Any member violating this rule shall be expelled from the room and not be allowed to re-enter during that meeting. Five shall form a quorum on the Committee, and twelve at a general meeting. Each member shall have one vote only. A special meeting may be convened at any time by a resolution of the Committee, by a notice to the members of the Society, specifying the time and object of the meeting, or by a requisition signed by 20 members on giving fourteen days’ notice thereof in writing, specifying the objects, signed by them, to the Secretary, who shall cause such notices to be sent to the members. No other business can be transacted at any such meeting than the business specified in the notice convening such meeting.
Officers and Committee
9. (1) The Society shall have the following officers: A Chairman, Vice-Chairman, Treasurer, Secretary and seven Committee members, who shall form the Committee of Management.
(2) The Treasurer and Secretary shall hold office during the pleasure of the Society. All the other officers shall continue in office until the next annual general meeting, and at every such meeting the said other officers shall be elected by a majority of the members present and entitled to vote, or on failure of such election those last appointed shall continue in office.
(3) In case any officer shall die, resign, be removed, or become unfit or incapable to, act, the Committee may at any time appoint a person to fill the vacancy until the next annual general meeting, unless the vacancy is previously filled at a special general meeting.
(4) Any officer may be removed by resolution of a special general meeting.
(5) Every officer having receipt or charge of money shall, before taking upon himself the execution of his office, become bound, with a surety, in such sum as the Committee may direct.
(6) No officer or servant shall at any time hold more than £300 in hand.
(7) The officers shall receive such remuneration if any, as may be decided from time to time at general meetings.
Treasurer
10. The Treasurer shall pay all demands when ordered to do so by the Committee of Management. He shall not pay any money without written authority signed by the Chairman and the Secretary, or another officer in case of incapacity of the Chairman or the Secretary. He shall produce all books, documents, property and money of the Society in his possession, and render a full and clear account at each audit, and whenever required by resolution of the Society or of the Committee of Management. He shall also give up all books, documents, money and property of the Society in his possession when required so to do by a resolution of the Society or of the Committee of Management. All disbursements over £l shall be paid by cheque and signed by the Secretary and Treasurer. For purposes of petty cash payments, the Committee shall draw and hand to the Treasurer cheques, from time to time for such amounts as they consider advisable. All securities belonging to the Society shall be deposited with the Society’s bankers, in such mariner as the said Committee shall direct.
Secretary
11. The Secretary shall attend all meetings; he shall record correctly the names of the officers and members of the Committee of Management there present, and the minutes of the proceedings, which he shall transcribe into a book to be authenticated by the signature of the Chairman as the proceedings of the meeting; he shall receive proposals. for admission to the Society; he shall hand over all moneys received by him to the Treasurer. He shall produce all books, documents, property and money of the Society in his possession, and render a full and clear account at each audit and whenever required by resolution of the Society or of the Committee of Management. He shall also pay over all moneys, and give up all books, documents, and property belonging to the Society, when ordered to do so by a resolution thereof or of the Committee of Management. He shall summon and give due notice of all meetings and keep the accounts, documents and papers in such manner and for such purposes as the Committee of Management may appoint, and shall prepare all returns and other documents required by the Industrial and Provident Societies Acts or the Treasury Regulations and duly forward them to the Registrar. The Secretary shall on all occasions, in the execution of his office, act under the superintendence, control and direction of the Committee of Management, and for his services he shall receive remuneration as may be decided from time to time at a general meeting of members.
Committee of Management
12. The Committee shall meet at least once a month except the months of August and December, which can be at the discretion of the Committee. The Chairman, or if he be not present, the Vice Chairman, shall preside. Any five shall form a quorum, and shall have full power to superintend and conduct the business of the Society According to the rules thereof, and shall in all things act for and in the name of the Society. Every question shall be decided by a majority of votes, and if the votes are equal the Chairman shall have a casting vote in addition to his vote as a member. Any three of the Committee may call a special meeting thereof, by giving seven clear days’ notice in writing to the Secretary, but at such special meeting no other business than that specified in the notice shall be taken into consideration.
The Managing Committee shall be responsible for the payment of all rents and see that all rents are paid by the members. They shall also see that the land is properly cultivated, and have the entire management of all affairs connected with the land. They shall see that all fences are kept in a proper state of repair, and have the allotting and arranging of all plots of land required by members.
Audit
13. (1) The Society shall in each year of account appoint a qualified auditor to audit its accounts and balance sheet for that year. For the purposes of this rule “qualified auditor” means a person who is a qualified auditor under section 7 of the Friendly and Industrial and Provident Societies Act 1968.
(2) Save as provided in paragraph (3) of this rule every appointment of an auditor shall be made by resolution of a general meeting of the Society.
(3) The Committee may appoint an auditor to fill any casual vacancy occurring between general meetings of the Society.
(4) An auditor appointed to audit the accounts and balance sheet
of the Society for the preceding year of account (whether by
general meeting or by the committee) shall be reappointed as
auditor of the Society for the current year of account (whether or
not any resolution expressly reappointing him has been passed)
unless:
(a) a resolution has been passed at a general meeting of the Society appointing somebody instead of him or providing expressly that he shall not be reappointed or
(b) he has given to the Society notice in writing of his unwillingness to be reappointed or
(c) he is ineligible for appointment as auditor of the Society for the current year of account or
(d) he has ceased to act as auditor of the Society by reason of incapacity.
Provided that a retiring auditor shall not be automatically reappointed by virtue of this rule if notice of an intended resolution to appoint another person in his place has been given in accordance with paragraph (5) of this rule and the resolution cannot be proceeded with because of the death, incapacity or ineligibility of that other person.
(5) A resolution at a general meeting of the Society (i) appointing another person as auditor in place of a retiring auditor or (ii) providing expressly that a retiring auditor shall not be reappointed shall not be effective unless notice of the intention to move it has been given to the Society not less than 28 days before the meeting at which it is moved. On receipt by the Society of notice of the intention to move any such resolution the Society shall give notice of the resolution to the members and to the retiring auditor in accordance with section 6 of the Friendly and Industrial and Provident Societies Act 1968, and shall give notice to the members in accordance with that section of any representations made or intended to be made by the retiring auditor.
(6) None of the following persons shall be appointed as auditor of the Society:
(a) an officer or servant of the Society;
(b) a person who is a partner of or in the employment of or who employs an officer or servant of the Society or
(c) a body corporate.
(7) The auditor shall in accordance with section 9 of the Friendly and Industrial and Provident Societies Act 1968, make a report to the Society on the accounts examined by him and on the revenue account or accounts and the balance sheet of the Society for the year of account in respect of which he is appointed.
(8) The auditor shall have a right of access at all times to the books, deeds and accounts of the Society and to all other documents relating to its affairs, and shall be entitled to require from the officers of the Society such information and explanations as he thinks necessary for the performance of the duties of the auditor.
3(9) Notwithstanding the previous subclauses of this Rule, the Society may by Resolution passed at a General Meeting vote to disapply the requirements to undertake a full professional audit for the year of account in question
13(10) To be effective such Resolution (hereinafter referred to as “The Resolution”) must be passed at a General Meeting at which:
(a) Less than 20% of the total votes cast are cast against the Resolution
(b) Less than 10% of the members of the Society for the time being entitled under the Society’s Rules to vote cast their votes against The Resolution
13(11) Subject to The Resolution being passed at a General Meeting as aforesaid the Society may substitute:
(a) An Audit Exemption Report if in the preceding year of account its turnover exceeded £90,000 but did not exceed £350,000 and its total assets were below £l,400,000
(b) Unaudited Accounts if in the preceding year of account its turnover did not exceed £900,000 and its total assets were below £1,400,000
(c) A Lay Audit if the total of the Society’s receipts and payments in the preceding year of account were below £5,000 and the total number of members at that year end was below 500 and the total assets did not exceed £5,000
13(12) An Audit Exemption Report must state whether in the opinion of the qualified Auditor making the Report:
(a) The Revenue Account or Accounts, the other Accounts if any to which the Report relates and the Balance Sheet are in agreement with the Books of Account kept by the Society
(b) On the basis of the information contained in the Books of Account, the Revenue Account etc. comply with the requirements of the Industrial and Provident Societies Act 1965 and the Friendly and Industrial and Provident Societies Act 1968
(c) Financial criteria allowing the production of a Report instead of a full Audit have been met
13(13) Where the Society produces Unaudited Accounts, the Revenue Account(s) and the Balance Sheet must still be signed by the Secretary and two members of the Committee of the Society acting on the Society’s behalf
13(14) Where the Society is eligible to substitute a Lay Audit, there must be two or more Lay Auditors. A person may only be a Lay Auditor if he/she is not an officer or servant of the Society or is not a partner of or in the employment of or does not employ an officer or servant of the Society.
Inspection of Books and Accounts
14. The books and accounts of the Society shall be open to the inspection of any member or person having any interest in the funds of the Society at all reasonable times at the registered office of the Society, or at any place where the same are kept, subject to such regulations as to the time and manner of such inspection, as may be made from time to time by the general meeting of the Association, and it shall be the duty of the Secretary to produce them, except that no such member or person, unless he be an officer of the Society, or be specially authorised by a resolution of the Society so to do, shall have the right to inspect the loan account of any other member without the written consent of such member.
Annual Return to Registrar
15. The Secretary shall send to the Registrar once in every year, not later than 31st July, an annual return relating to the Society’s affairs for the period required by the Industrial and Provident Societies Acts, to be included in the return, together with a copy of the report of the auditor on the Society’s accounts for the period included in the return and a copy of each balance sheet made during that period and of any report of the auditor on that balance sheet. The annual return shall be made up for the period beginning with the date to which the Society’s last annual return was made up, and ending with the date of the last balance sheet published by the Society, before 31st March in the following year, or if the date of that balance sheet is earlier than 31st August or later than 31st January, with 31st December. The annual return must be made in the form prescribed by the Chief Registrar, and contain such particulars as may from time to time be required by the return.
Copies to Members
16. A copy of the last annual return, together with a copy of the report of the auditor on the accounts and balance sheet contained in the return shall be supplied gratuitously on demand to every member or person interested in the funds of the Society.
Balance Sheet
17. A copy of the account or accounts and balance sheets covering the period included in an annual return, as audited, and the report of the auditor on the balance sheet and accounts shall be posted in the registered office and shall be kept always hung up in a conspicuous place at the said office.
Register of Members
18. The Society shall keep at its registered office a register of members in which the Secretary shall enter the following particulars:
(a) the names and addresses of the members;
(b) a statement of the number of shares held by each member and of the amount paid or agreed to be considered as paid on the shares of each member;
(c) a statement of other property in the Society, whether in loans, deposits or otherwise, held by each member;
(d) the date at which each person was entered in the register as a member, and the date at which any person ceased to be a member;
(e) the names and addresses of the officers of the Society, with the offices held by them respectively and the dates on which they assumed office.
Any member changing his address shall notify the Society of such change.
The Society shall also keep at its registered office a duplicate register of members in which the Secretary shall enter all the particulars in the original register of members other than those mentioned in paragraphs (b) and (c) hereof.
Expulsion
19. Any officer misconducting himself, or in any way making himself notorious, whether by aiding or abetting any scheme which shall be detrimental to the interest of the Association, or by continued disagreeableness to the other officers of the Association, shall, by a vote of the members at a special meeting, be requested to resign, and another officer shall be appointed in his stead. Any member making himself disagreeable, obnoxious, or insulting any Officer or member in the discharge of his duties, or interfering with any meeting of the Association, shall, if he persists in the offence, by a vote of special members at a special meeting, cease to be a member and give up his land at the next 25th March.
Nominations and Proceedings on Death or Bankruptcy
20. Upon a claim being made by the personal representative of a deceased member or the trustee in bankruptcy of a bankrupt member to any property in the Association belonging to the deceased or bankrupt member the Association shall transfer or pay such property to which the personal representative or trustee in bankruptcy has become entitled as the personal representative or trustee in bankruptcy may direct them.
A member may in accordance with the Industrial and Provident Societies Act 1965, nominate any person or persons to whom (subject to the provisions of the Act as to amount and the persons to whom a valid nomination may be made) any of his property in the Association at the time of his death shall be transferred. On receiving satisfactory proof of death of a member who has made a nomination the Association shall if and to the extent that the nomination is valid under the said Act the full value of the property comprised in the nomination to the person entitled thereunder.
Division of Profits
21. The net proceeds of the Association, after providing and paying for the expenses of management, interest on loans and shares, shall be paid to the banking account of the Association, and it shall be utilised for a guarantee fund for the rest, when sufficient, and for the paying off of the shares subscribed for the guarantee fund of the Association. Any surplus remaining after the above items are discharged may be used to purchase land or may be distributed among the members in accordance with their contribution to the Association,to be determined by consideration of the number of years served by each member. Any distribution of such profits and the precise manner of distribution, shall be decided by a resolution, put forward, at a general meeting called for that purpose and approved in an open ballot by a majority of those present being in favour.
Seal
22. The device of the Seal shall be a Spade and Rake crossed, with the words, “The Little Irchester Permanent Allotment Association Limited,” round the same, and it shall be kept in the possession of the Secretary, in a box kept for the purpose at the office of the Society. All cheques, contracts, agreements, letters, and other documents shall be stamped with the Seal of the Society which shall be used only under the authority of a resolution of the Committee. The date of such authority shall be mentioned on the instrument to which the Seal is attached and shall be attested by the signatures of two members of the Committee and the Secretary.
Investment
23. Any money not wanted for immediate use, or to meet the usual accruing liabilities, shall, with the consent of the Committee, or of a majority of the members present and entitled to vote in general meeting, be invested in any investment referred to in Section 31 of the Industrial and Provident Societies Act, 1965, but not otherwise.
Statutory Applications to the Registrar
24. Any ten members of the Society, each of whom has been a member of the Society for not less than twelve months immediately preceding the date of the application, may apply to the Registrar in the form prescribed by the Treasury Regulations to appoint an accountant or actuary to inspect the books of the Society and to report thereon, pursuant to Section 47(i) of the Industrial and Provident Societies Act, 1965.
25. It shall be the right of one-tenth of the whole number of members, by an application in writing to the Chief Registrar, signed by them in the forms respectively prescribed by the Treasury Regulations:
(a) To apply for the appointment of an inspector or inspectors to examine into the affairs of the Society and to report thereon, or
(b) To apply for the calling of a special meeting of the Society.
Dissolution
26. The Society may at any time be dissolved by the consent of three-fourths of the members, testified by their signatures to an instrument of dissolution in the form provided by the Treasury Regulations, or by winding-up in manner provided by the Industrial and Provident Societies Acts.
How the Land shall be Let
27. When the Association has acquired land it shall be let out to the members, and no member shall be allowed to sub-let any of his land under any circumstances whatsoever, neither shall any outgoing tenant be allowed to transfer his land to any other member without the consent of the Managing Committee. In the case of any member being known to sub-let any of his land, the said land shall be taken away at the next 25th day of March. When more than one application is made for vacant plots the Committee shall decide by ballot who the next tenant shall be, but no member having more than twenty plots of arable land shall participate in any ballot for more arable land until the applications of other members have been satisfied; and any member having one acre or more of grass land shall not participate in any ballot for more grass land unless no other applications are made. Any member wishing to give up his land must send his notice in writing to the Committee on or before the 29th day of September, preceding the 25th day of March, at which his tenancy shall terminate. No member shall be allowed to deposit any vegetable refuse or rubbish on any of the footpaths or main-road, or place any stones or rubbish in any of the hedges or ditches in any of the fields of the Association.
28. Each and every member shall sign the following Entrance Form:
I the undersigned, do agree to take from the Little Irchester Permanent Allotment Association Limited, viz.:
from the 10th of October 19............ and will pay the Rent Six Months in advance, viz., on the 3rd of October and 29th of March in each year and further agree to forfeit all rights to hold the same if Rent is not paid within Fourteen Days from the dates mentioned, and the Committee shall be empowered to recover the same at the end of the said Fourteen Days; but the Committee, in cases of necessity, shall have the power to allow time.
Date
29. In the event of any member having to give up his land, all unexhausted improvements and cropping shall be paid for as compensation by the Committee and all dilapidation shall be paid for by the outgoing tenant.
The Committee shall charge the in-coming tenant with all compensation they have had to pay in case of any member’s land having to be taken away under Rule 19, the above portion of Rule shall apply. The Committee shall fix the valuation. All land shall be taken and given up on the 10th day of October or the 25th day of March in any year. Six months’ notice in writing must be given to the Committee in all cases when giving up land.
Bad Cultivation
30. Any member having land and not properly cultivating it, shall be warned thereof in writing by the Committee of Management, and if, after such warning he shall for one calendar month persist in bad management, he shall be notified in writing that his tenancy of such land will be terminated at the end of the period for which he has paid rent in advance.
Disposition of Cropping
31. In the event of any member through any cause having to leave the Association he shall be allowed to dispose of his cropping to whomsoever he may think fit, provided he have the sanction of the Secretary for such formal transfer, but in the case of corn the staw must not go off, except an equivalent of manure has been put on the land, and that due precaution has been taken for the payment of his rent, and for the giving up of his land to the Managing Committee after the said cropping is removed.
Removal of Cropping
32. No member shall remove any of his cropping if in arrears with his rent, until such rent or arrears are paid with any extra payment such neglect may incur; any member leaving the Association with any rent unpaid may be sued for the same.
Clearance
33. All members shall be clear on the books every six months, viz.: on the second day of April, and the eleventh day of October in each year, as per Rule.
34. No member shall take a new plot of ground with a view of vacating his old plot. If any land is given up by a member who has acquired two plots: the last plot taken must be the one to be given up.
Cultivation by Committee
35. Should any land remain unlet, the same shall be cultivated by the Committee until the said land shall be required by the members.
Dogs
36. No dogs allowed on the Ground unless on a lead or under proper control.
Copies of Rules
37. It shall be the duty of the Committee of Management to provide the Secretary with a sufficient number of copies of the rules to enable him to deliver to any person on demand a copy of rules on payment of a sum not exceeding 10p to be decided by the Committee of Management. One copy of the rules shall be provided free of charge to each member of the Society.
Amendment of Rules
38. (1) No new rule shall be made, nor shall any of the rules herein contained or hereafter to be made be amended or rescinded unless with the consent of a majority of the members present at a general meeting specially called for that purpose. A due notice of the proposed alteration or new rule having been given at a previous meeting.
(2) No new rule or amendment of rule is valid until registered.
Disputes
39. (1) If any dispute shall arise between a member or any person aggrieved who has for not more than six months ceased to be a member, or any person claiming through such member or person aggrieved, or under the rules, and the Society, or an officer thereof, it shall be decided by reference to the Appeals Committee.
(2) An Appeals Committee consisting of five members shall be elected at the Annual General Meeting of Members. The members of the Appeals Committee shall be members of the Association other than Officers or members of the Committee of Management. Any decision of the Appeals Committee shall be final.
