ARTICLE I – DENOMINATION DURATION AND SEAL
The name of the association shall be Mauritius Underwater Group and is hereinafter referred to as the Association.
The duration shall be unlimited.
The Association shall have a seal bearing its name.
ARTICLE 2 – SEAT
The seat of the Mauritius Underwater Group shall be Railway Road, Phoenix, or such place as may be subsequently selected by the Managing Committee. Any change of address shall be notified to the Registrar of Associations within one week thereof.
ARTICLE 3 – OBJECTS
The objects of the Association shall be:
- To promote the sport of diving in Mauritius and the Mauritius area.
- To provide its members with diving and training facilities.
- To provide a point of contact in Mauritius and to promote social interchange between members of the diving community in Mauritius and abroad.
- To foster and maintain contact with recognised international diving organisations.
ARTICLE 4 – MEMBERSHIP
Membership of the Association shall be open to persons who either possess a diving qualification recognised by the Association, or who are interested in diving or in learning to dive.
The following categories of membership shall exist:
| a. Founder members | Those twenty-two persons who were present at the formation of the Association on the 8th July 1964. They have a right to vote. |
| b. Life members | Those members who make a substantial monetary donation to the Association. The minimum amount will be decided by the Management Committee from time to time. They have a right to vote. |
| c. Family membership | A diving member and his or her non-diving spouse who shall also be a member. Only the diving member will be entitled to vote. |
| d. Diving member | Any person over the age of 18 who provides evidence of being medically fit and who is undergoing the Association’s diving training, has successfully completed the Association’s training course, or who already possesses a diving qualification recogniSed by the Association. Diving members have a right to vote. |
| e. Social member | Any person who in the eyes of the Committee may contribute to the social life of the Association. Social members do not have a right to vote. |
| f. Temporary members | Visitors to Mauritius who can provide evidence of proficiency in diving are eligible to temporary membership for a maximum of eight weeks. Temporary members do not have a right to vote. |
| g. Absentee members | Members who will be away from Mauritius for more than six months, provided the Managing Committee is notified in writing. They shall be exempted from payment of any subscription fee during their absence and they shall have no voting rights. They shall resume their membership when they are back and on application for the relevant class of membership. |
| h. Elder members | Those members who no longer take an active part in the activities of the Association but continue to give the Association a monetary contribution. They shall not have a right to vote. |
| i. Honorary members | Any person who is not an existing member who in the opinion of the Committee has or may contribute to the wellbeing of the diving community of Mauritius or aid the general activities and status of M.U.G. |
The minor children of family members may also use the facilities offered by the Association.
All members except Honorary Members and Temporary Members shall on admission pay an entrance fee and such subscriptions as shall be set forth by the Committee.
Applications for Membership except Honorary Members shall be made on the Association’s application form, copies of which are obtainable at the seat of the Association. Candidates for membership except Honorary Members shall be sponsored by two diving members of at least one year’s standing.
It shall be the responsibility of the sponsors to introduce the prospective member to two members of the Managing Committee who shall countersign the application form. The form will then be posted on the Association’s notice board for a period of not less than two weeks during which time any member objecting to the application shall forward to the Managing Committee, in writing, his reason for objecting. Such objection shall be countersigned by two other voting members. The member who objects to the application and the countersignatories shall then be requested to explain orally to the Managing Committee their reasons for objecting.
Honorary Members shall be invited to become such by the Managing Committee subject to no objections being raised through the posting of proposals in a similar manner to normal applications.
The final decision to accept or to reject any application for membership shall rest with the Managing Committee.
ARTICLE 5 – MANAGING COMMITTEE
The Association shall be managed by a committee of nine voting members to be elected at the Annual General Meeting to the following posts: President, Vice-President, Secretary, Treasurer, Diving Officer, Equipment Officer, Entertainment Officer, who shall be responsible for social events and entertainment in the club, and two Diving Members. They shall hold office for one year and shall be eligible for re-election.
The President shall not serve more than two consecutive terms but may continue to serve on the committee in another capacity.
The Managing Committee shall meet at least once every month and whenever the President may think fit. Five members present shall form a quorum.
Notice of any Managing Committee meeting shall be given in writing to Committee members at least three days before the date fixed for the meeting.
Vacancies in the Managing Committee up to a maximum of three in any year shall be filled by members co-opted by the Managing Committee. Vacancies in excess of three shall be filled by election at a Special
General Meeting convened for the purpose.
Any Managing Committee Member or the whole Managing Committee may be removed and replaced by a majority vote given at a Special General Meeting. Three members of the Managing Committee may, in writing, request the President to hold a Special General Meeting, and the President shall do so within one week of the request.
The absence of a Managing Committee Member from three consecutive Managing Committee meetings shall give the right to the Managing Committee to replace him by another one.
ARTICLE 6 – DIVING ACTIVITIES
All diving activities of the Association shall be controlled by a Diving Subcommittee consisting of the Diving Officer and two Diving Members.
ARTICLE 7 – MODE AND RIGHT OF VOTING
Voting at General Meetings shall be by a show of hands or by ballot if such a request is made by a majority of members present at the meeting. Resolutions except those amending these statutes, shall be carried by a simple majority of votes cast at a meeting. Resolutions amending the statutes shall be carried by a majority of all voting members of the Association.
A member may vote by proxy through another member. No member shall vote as proxy for more than nine members.
Each diving member shall be entitled to one vote provided he is not in arrears with his contributions for more than three months.
At General Meetings convened for the taking of a Special Resolution in accordance with Section 30 of the Registration of Associations Act 35/78, no member shall vote as proxy for more than twenty members.
ARTICLE S – GENERAL MEETINGS
The Annual General Meeting shall be held not later than two months after the accounting date for the election of officers and to inform member of the progress in the affairs of the Association.
An Extraordinary General Meeting may take place at any time during the year upon a written request to the Secretary signed by at least ten (10) members eligible to vote. The meeting shall take place not later than one (1) month after the Secretary receives the letter.
Subject to the provisions of Act 35/78, enty-five (25) percent of the members entitled to vote shall constitute a quorum for an Annual Gener Meeting. In case there is no quorum, the Annual General Meeting shall be postponed for a fortnight and at that subsequent meeting whatever be the number of members present, the business of the day shall be proceeded with. The quorum for any Extraordinary General Meeting shall be the same as that or the Annual General Meetings. In case there is no quorum, the Extraordinary General Meeting shall be absolutely dissolved.
The Secretary shall notify members of any general meeting at least fourteen days before the date fixed for the meeting; the agenda for the meeting call be included in the notification.
ARTICLE 9 – TERMINATION OF MEMBERSHIP
The Managing Committee may terminate the membership of any member for Misconduct. In every case the defaulting member shall be convened heforie the Managing Committee and he shall have the right to present his defense orally or in writing to the Managing Committee. He shall also be entitled to call witnesses to speak on his behalf if he so wishes. If a member summoned for disciplinary reasons to appear before the Managing Committee fails to respond, the Committee may take a decision in the matter.
Any decision taken by the Committee shallipe notified to the said member by registered letter. The member shall have the right to appeal against any decision taken by the Committee. Any appeal shall be sent to the Secretary by registered letter not later tharafteen days after the date of receipt by the member of the Committees decision. No appeal shall be considered after this period has expired, The President shall cause an Extraordinary General Meeting to, be held within one month of receipt of the notice of appeal. The decision of the Extraordinary General Meeting shall be final.
Any member who permits his contributions; to lapse for a period of three months shall be regarded as a nonfinancial member. A reminder will be issued by the Secretary and if after six months, the member’s contributions still have not been paid, a final notice will be issued to the offending member. If the final notice brings no response within two weeks, the member shall be regarded as voluntarily resigning from the Association and shall be so informed by the Secretary. Members who are considered non-financial shall not be entitled to any benefit extended to financial members of the Association. If any member informs the Secretary that he has become non-financial due to hardship, his case shall be considered on merit by the Committee.
A member who resigns or who is expelled forfeits all his rights to any property of the Association and to any sum which he might have contributed to the Association.
A member may resign from the Association by giving fourteen (14) days notice in writing to the Secretary.
ARTICLE 10 – POWERS OF THE MANAGING COMMITTEE
The Managing Committee shall be empoweed to invest its own monies (Subscriptions, donations and entrance fees) in recognized securities, to Iease or to take on lease or to let movable or immovable property, provided that the sanction of a general meeting shall first be sought for any transaction exceeding one thousand rupees per item in value or four thousand rupees in any one year.
The Managing Committee shall be entitled to accept donations and legacies from any source providing that such donations and legacies be free from any conditions detrimental to the objects of the Association. The Committee shall not be empowered to dispose of, pledge, mortgage or charge any property worth more that Rs3000 belonging to the Association unless the transaction has been approved by Special Resolution in accordance with Section 30 of Act 35178.
ARTICLE 11 – DUTIES OF THE PRESIDENT
The President shall preside over all meeetings of the Association. In his absence he shall be replaced by the Vice-President. When both are absent, the meeting shall be presided over by a member chosen from among the Managing Committee members present. The President, the Treasurer and two other Committee members specifically designated shall be authorised to sign all cheques; all cheques must bear two of the above signatures, one of which shall be that of the Treasurer. The President and Treasurer shall sign all other deeds and documents. The presiding member shall have an original vote, and in the event of a tie, a casting vote. In the absence of the President, the Vice-President shall exercise the same powers and rights and assume the same responsibilities as those of the President.
At the Annual General Meeting, the President shall submit a report on the working of the Association for the period ending 31st December preceding, together with a statement of accounts drawn up and signed by the Treasurer and certified by the Auditors.
ARTICLE 12 – DUTIES OF THE SECRETARY
The Secretary shall convene all meetings meetings of the Assocation and draw up the minutes of proceedings of these meetings. After being approved at the subsequent meeting, the minutes shall be signed by the presiding member and the Secretary.
The Secretary shall keep a Register of Members in which shall be recorded:
a. The full name of each member
b. His address
c. His date of admission
d. His birth date
e. Subscriptions paid
f. Such other particulars as the Managing Committee may require
The Secretary shall have the custody of the records of the Assocation.
In the absence of the Secretary, another Member of the Managing Committee shall be selected to servce and shall exercise the same powers and rights and assume the same responsibilities as those of the Secretary.
Section 23(1) and (2) of Act 35/78
(1) The Secretary of every registered association shall, not later than three months after the accounting date in every year, forward the Registar a return containing:
a. A certified copy of the statement required to be submitted to the Annual General meeting under Section 22, together with a declaration specifying whether the statement has been approved by the meeting;
b. A statement of the names and postal addresses of the officers of the Assocation.
c. A list of members of the Association as at the 31st December and a copy of the rules of the Association if these have been amended during the accounting period.
(2) The Secretary shall, within fourteen days of any change of office bearers of the Association, give written notice of the change to the Registrar.
ARTICLE 13 – DUTIES OF THE TREASURER
The Treasurer shall have the custody of all the account books of the Association. He shall receive all sums of money due or accruing to the Association and deliver receipts therefore. He shall, within the least possible delay, pay into one of the local banks chosen by the Managing Committee all monies received by him. He shall be allowed to keep in his possession a sum not exceeding 500 rupees as petty cash and shall lay every month before the Committee a statement showing the financial transactions of the Association for the previous month. He shall submit at the monthly meeting, a list of members who have failed to pay their monthly subscriptions for three months. He shall prepare the statement of accounts. He shall effect all payments exceeding one hundrer rupees by cheque.
He shall produce his books for examination whenever required by the President or by the Auditors. He shall sign all cheques and in conjunction with the President sign all deeds and other documents of the Association.
The Treasurer shall keep a record of revenue in the form prescribed in G.N. 50/79 and a book showing the Association’s receipts and payments. The Treasurer shall once a year not later than one month after the accounting date prepare and submit to the Managing Committee a financial statement of the Association for the accounting period.
In case of absence, the Treasurer shall be replaced by a member designated by the Managing Committee who shall exercise the same powers and rights and assume the same responsibilities as those of the Treasurer.
ARTICLE 14 – DUTIES OF THE AUDITORS
Two auditors shall be appointed at the Annual General Meeting; and their appointment shall need the approval of the Registart of Associations if they are not professionally qualified. They may be removed and replaced by a decision of a General Meeting.
The Committee shall upon written request by the Auditors submit the accounts of the Association for audit.
The Auditors shall make a thorough examination of all books and documents in the custody of the Treasurer and shall forthwith report to the President any error or omission detected in the course of the examination.
They shall also verify and certify all statements of accounts before these are submitted to the Annual General meeting. They shall draw an inventory of all the belongings of the Assocation at least once yearly.
ARTICLE 15 – SECURITY BOND
The President, the Vice-President, the Treasurer and the Secretary shall each become bound with two sureties in the sum of Rupees 200 jointly and severally for the true performance of their duties.
The security bonds shall be filed in the office of the Registart of Associations without undue delay.
ARTICLE 16 – KEEPING AND INSPECTION OF BOOKS
All books of the Association shall be kept in English or French and shall be open to inspection by any person having an interest in the funds of the Association.
ARTICLE 17 – ACTIONS BY OR AGAINST THE ASSOCIATION
The Association shall act, sue and shall be sued, implead or be impleaded and shall do all other acts under its corporate name through its Secretary.
Whenever the Association shall be sued or impleaded, and whenever it shall be necessary to serve noticies, summonses or any other legal procses, judicial or extra-judicial upon the Association, service upon the Secretary shall be good and sufficient upon the Association.
ARTICLE 18 – MISCELLANEOUS
Any person under 18 show can satisfy the other requirements cited in Article Four for diving members may have access to the Association provided that person has written consent of either his parents or of his legal guardian before commencing training or diving within the Association. Such persons shall not be entitled to vote.
The accounting year of the Association shall be 1st January to 31st December.
In these rules, words importing the masuline includes the feminine unless otherwise indicated by the context.
Any member who resigns or is expelled shall have no claim to a refund of the contributions made by him to the Association in any way.
The Association may be affiliated to any other association, or form part of any federation of associations, provided that in so doing such affiliation be not detrimental to the objects of the Association.
No propery worth more than Rupees 3000 and belonging to the Association shall be disposed of, pledged, mortgaged or charged unless the transaction has been approved by Special Resolution.
ARTICLE 19 – AMENDMENTS, AMALGAMATION AND WINDING UP
No amendment or alteration of these Rules shall be effected except by Special Resolution taken in accordance with Section 30 of the Registration of Associations Act 35/78 and approved by the Registrar.
The decision to dissolve the Association or to almagamate with another association shall be taken at a General Meeting and in conformity with law. Any resolution to dissolve the Association must be passed by two-thirds of the voting membership. In the event of winding up of the Association, all its property movable or immovable, its cash in bank and in hand shall be disposed of in conformity with law.
Disputes
Any disputes between the Association and any of its members or any person’s claim by or through a member shall be settled by an Extraordinary Meeting of the members.
ARTICLE 20 – SIGNING OF CHEQUES, DEEDS AND OTHER DOCUMENTS
All deeds and other documents shall be signed jointly by the President and Treasurer. Cheques shall be signed by the Treasurer and by a duly designated alternative Committee Member as specified in Article Eleven. In case of the absence or incapacity of the President or Treasurer, these documents shall be signed by the Vice-President or Committee Member designated to serve as an Alternate Treasurer respectively.
ARTICLE 21 – WINDING UP OF THE ASSOCIATION
In compliance with the Act, the Association shall, on its formation, designate a registered Association to which in the event of the Association being wound up, its remaining property shall be transferred.
- First copy dated 8th December 1980.
- Amendments dated 29th January 1996.
- Amendments dated 2nd December 1997.