RULES OF THE ASSOCIATION
The club shall be known as the Upper Teign Fishing Association.
The objects of the Association shall be: 2.1. The association of persons who have a mutual interest in angling. 2.2 The protection, improvement and conservation of the River Teign, its fish stocks and its environment. 2.3 The provision and maintenance of fishing for the benefit of members. 2.4 The other advantages and benefits usually associated with an Association.
3. Qualifications for membership
All persons who are in sympathy with the objects of the Association shall be eligible for membership
4.1 The constitution of the Association shall consist of those rules together with the fishing rules set out in the appendix. Alterations to the main rules may only be made at a General Meeting of the Association under a properly convened resolution. Rules in the fishing appendix may be amended by the Committee at its discretion.
4.2 The Association shall consist of the following classes of ordinary membership: (i) Full members. (ii) Trout members. (iii) Junior members.
4.3 In addition there will be the following classes of membership: (i) Working members (ii) Honorary members (iii) Temporary members (iv) Riparian members. All of the above may fish on such terms and in accordance with such conditions as the Committee may agree.
5. Admission of members
Admission of working members and riparian members shall be by election of the Committee. A candidate for election who receives the votes of a majority of the Committee shall be declared elected. Admission of trout members will be by application to the officer responsible for membership, who will be authorised by the Committee to admit members within the constraints that they will define from time to time. Admission of temporary members will be by purchase of the relevant Association permit. Admission of honorary members will be by election of at least 75% of members attending a general meeting of the Association.
6. Admission of full members
Admission to full membership shall be offered by the officer responsible for membership, with the agreement of the Committee, as and when vacancies become available. Priority shall be given to trout members, who shall be offered full membership in accordance with their positions on the trout membership list. A trout member who declines the offer of full membership shall move to the bottom of the list. If, when full membership has been offered to all trout members, the limit for full membership agreed by the committee has not been filled by 1 March, direct access to full membership shall be permitted.
7. Responsibility for junior members
The parent or guardian of a junior member shall sign an agreement to the effect that the junior member shall be the responsibility of the said parent or guardian while fishing on the waters of the Upper Teign Fishing Association.
8. Order of election
8.1 The officer responsible for membership shall keep a candidates book in which the names of potential candidates for election to membership shall be listed in the order that they applied. 8.2 The said book shall be available for inspection by members and candidates for election upon application to the officer responsible for membership. 8.3 Subject to clause 15.2 and 15.3, candidates shall come up for election in the order in which their names appear in the candidates book.
9. Notice to member elected
Immediately upon the election of a candidate, notice of his election shall be given to him, and he shall be furnished with a copy of the Association rules and a request to remit to the officer responsible for membership within one month from the date of such request the amount of his initial fee and first subscription. On payment of his initial fee and first subscription he shall become a full member of the Association and be entitled to all the benefits and privileges of full membership, and be bound by the rules.
10. Delaying taking up membership
If such initial fee and subscription are not paid within one month from the date of such request, the election of such candidate shall be void.
11. Initial fee and subscription
The initial fee shall be such sum as the Committee may from time to time determine. The annual subscription shall also be determined from time to time by the Committee.
12. Date when subscriptions due
All annual subscriptions (except the first subscription of a new member as provided by rule 10) shall become due on 1 January and be payable on or before 1 February in each year without demand.
13. Payment of subscriptions etc
All fees and subscriptions paid by cheque shall be payable to “The Upper Teign Fishing Association” and crossed “Account Payee”.
14. Members in arrears
If any member shall fail to pay his annual subscription on or before the first day of February next after it has become due, he will be deemed to have resigned. If at any time he shall give to the Committee a satisfactory explanation, he may, at the discretion of the Committee and on payment of the arrears, be re-admitted to membership without payment of any further initial fee.
15. Resignation of members
15.1 Any member may resign his membership by giving to the Hon Secretary notice in writing to that effect by 31 December. 15.2 The Committee may in its absolute discretion allow a member to suspend his membership of the Association on such terms and conditions as it thinks fit. 15.3 Upon suspension under this rule the member shall cease to be a member of the Association.
16. Expulsion of members
It shall be the duty of the Committee’ if at any time it shall be of the opinion that the interest of the Association so require, by letter to invite any member to attend a meeting of the Committee. Not less than four weeks notice of the meeting shall be given to the member and it will be the duty of the secretary to inform the member in question of the time and place of the meeting and of the nature of the complaints against him. At such a meeting the member shall be allowed to offer an explanation of his conduct verbally or in writing, and if after that two thirds of the Committee present shall vote for his expulsion he shall immediately cease to be a member of the Association. It shall be in the power of the Committee to exclude such a member from fishing until such Committee meeting is held.
17. Effect of ceasing to be a member
Any person shall, on ceasing to be a member of the Association, forfeit all rights and claims upon the Association and its property and funds.
18. Election of President, Chairman, Hon Secretary and Hon Treasurer
18.1 Election of President. The President shall be elected at a General Meeting of the Association and shall hold office until death or resignation unless removed from office by a resolution of the Committee or by a majority of members voting at a General Meeting under a properly convened resolution.
18.2 Election of Chairman, Hon Secretary and Hon Treasurer. The Chairman, Hon Secretary and Hon Treasurer shall be elected from the ordinary membership (as set out under rule 4.2) at a General Meeting of the Association. They shall hold office for a period of three years unless they resign or are removed from office by a resolution of the Committee or by a majority of members voting at a General Meeting under a properly convened resolution. Office holders may offer themselves for re-election at the end of their periods of office.
The Association (except as otherwise provided by these rules) shall be managed by a Committee of not more than eight members who shall be elected at the Annual General Meeting. Nominations for membership of the Committee must be received by the Hon Secretary 28 days before the Annual General Meeting. In addition the Hon Secretary and Hon Treasurer shall be members of the Committee and both shall have a vote on the Committee.
20. Election of members to the Committee
At the Annual General Meeting the members of the Committee, except the Hon Secretary and Hon Treasurer, shall retire and will be eligible for re-election. In addition to the retiring members of the Committee any other members may be proposed by another member in accordance with rule 19. In the event that the number of candidates including those retiring do not exceed the number of vacant places then the members attending the Annual General Meeting may elect all of the candidates to be members of the Committee by show of hands. In the event that any member dissents from such an election, or in the event that the number of vacancies is exceeded by the number of candidates, then balloting lists shall be issued containing in alphabetical order all the names of the candidates. Every member of the Association shall be entitled, but not obliged, to vote for as many candidates as there are vacancies to be filled and no more. The candidates up to the number of vacancies who shall receive the most votes shall be declared elected, and in the case of two or more candidates receiving an equal number of votes the Chairman of the meeting shall determine the matter by lot.
21. Vacancies on the Committee
The Committee shall have power to appoint a member to fill any casual vacancy of the Committee until the next Annual General Meeting. Any member so appointed shall retire at the next Annual General Meeting but shall be eligible for election as a member of the Committee at such meeting.
The Trustees shall be elected by the members and they shall respectively hold office until death or resignation unless removed from office by a resolution of the Committee. The number of Trustees shall be not more than four nor less than two and the property of the Association (other than cash which will be under the control of the Hon Treasurer) shall be vested in them. They shall deal with the property of the Association as directed by resolution of the Committee (of which an entry in the minute book shall be conclusive evidence), and they shall be indemnified against risk and expense out of the Association property. Where by reason of any such death, resignation or removal it shall appear necessary to the Committee that a new Trustee or Trustees shall be appointed or, if the Committee shall deem it expedient to appoint additional Trustees or an additional Trustee, the Committee shall by resolution nominate the person or persons to be appointed the new Trustee or Trustees. For the purposes of giving effect to such nomination the Chairman is nominated as the person to appoint the new Trustees of the Association within the meaning of the Trustee Act 1925 Section 36, and the Chairman shall by deed appoint the person or persons so nominated by the Committee as the new Trustee or Trustees of the Association and the provisions of the Trustee Act 1925 shall apply to any such appointment. Any statement of fact in any such deed of appointment shall, in favour of a person dealing bonafide and for value with the Association or the Committee, be conclusive evidence of the facts so stated.
23. Members not to make a profit out of the Association
23.1 (i) Notwithstanding anything in rule 22 (Trustee clause) any member of the Association holding for the time being or dealing with any monies or property of the Association, whether real or personal, shall be deemed to do as a Trustee for the members as a whole. (ii) Such a member shall be under a duty to declare to the Committee any monies or other advantage, to the Association. (iii) Save with the permission of the Committee, such a member shall be under a duty to account for the said monies or advantage, to the Association. 23.2 No member of the Association shall sell fish which he has caught on the Association water.
24. Meetings of the Committee
The Committee shall meet at least once every year to examine the accounts and arrange the affairs of the Association. Five members of the Committee shall form a quorum. Minutes shall be taken of all proceedings of the Committee and shall be open to the inspection of any member of the Association on application to the Hon Secretary.
25. Sub Committee
The Committee may from time to time appoint from amongst its number such other Sub Committees as it may deem necessary or expedient and may depute or refer to them such of the powers and duties of the Committee as the Committee shall determine. All Sub Committees shall periodically report their proceedings to the Committee and shall conduct their business in accordance with directions of the Committee.
26. Bailiffs and other servants
The Committee shall have the power to appoint, pay and dismiss a bailiff and such other servants as it may deem necessary and may elect any such servant as an honorary or working member of the Association during his tenure or office or for such shorter time as it thinks fit.
27. Borrowing powers
If at any time the Association in General Meeting shall pass a resolution authorising the Committee to borrow money, the Committee shall be empowered to borrow for the purposes of the Association such an amount of money either at one time or from time to time and at such rates of interest and in such form and manner and upon such security as shall be specified in such resolution, and the Trustees shall at the discretion of the Committee make all such dispositions of the Association’s property or any part of the Association’s property and enter into such agreement in relation to the Association’s property as the Committee shall 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 resolution as if they had voted for it.
28. Holding of investments
The Committee, after taking advice from a registered independent financial adviser, may, at its discretion and subject to the approval of the Trustees, authorise the holding of investments. For the purposes of this rule, investments do not include fishing rights or land held consequentially to fishing rights, both of which may be purchased by the Association at the discretion of the Committee.
29. Dissolution of the Association
If at any General Meeting a resolution for the dissolution of the Association shall be passed by a majority of the members present and at an Extraordinary General Meeting held not less than six weeks later (of which not less than four weeks written notice has been given to each member) and at which not less than one half of the members shall be present that resolution shall be confirmed by a resolution passed by a majority of two thirds of the members voting on such a resolution, the Committee shall immediately, or at such future date as shall be specified in such resolution, proceed to realise the property of the Association and after the discharge of all liabilities shall divide such property rateably in proportion to the amount each member has paid in initial fee and subscriptions among all classes of members specified in rule 4.2 and those specified in rule 4.3(i).
30. Voting rights
All members other than temporary members shall be entitled to one vote.
31. Annual General Meeting
The Annual General Meeting of the Association shall be held in December, January or February of each year on a date and at a time to be fixed by the Committee for the following purposes:
31.1 To receive from the Chairman a report for the preceding year.
31.2 To receive from the Hon Treasurer a balance sheet and statement of account for the preceding financial year and an estimate of the receipts and expenditure for the current financial year.
31.3 To fill the vacancies on the Committee.
31.4 To appoint a person to inspect the accounts.
31.5 To decide on any resolutions that may be submitted to the meeting in the manner provided below.
32. Notice of business
Any member desirous of moving any resolution at the Annual General Meeting, shall give notice in writing to the Hon Secretary not later than the 14th day of November.
33. Extraordinary General Meeting
An Extraordinary General Meeting may be called at any time for any purpose (a) by the Committee, or (b) by the requisition in writing of any 10 members entitled to vote, in each case stating the purposes for which the meeting is required.
34. Convening General Meetings
At least 21 days before the Annual General Meeting, or any Extraordinary General Meeting, a notice of such a meeting and of business to be transacted shall be sent to every member, and no business other than that of which notice has been so given shall be brought forward at such a meeting.
35. Proceedings at General Meetings
At all General Meetings of the Association the Chairman, and in his absence a member selected by the Committee, shall take the chair. Every member present shall be entitled to one vote upon every motion and in case of an equality of votes the Chairman shall have a second or casting vote. For all meetings members are entitled to vote by post for any or all motions, or to appoint a proxy to vote on their behalf. Save that individual postal votes, or individual letters notifying the appointment of a proxy, shall only be valid if received by the Hon Secretary by the date determined by the Committee and promulgated in the notice to members of the meeting. Proxy arrangements shall be declared by the Hon Secretary to the attending members at the commencement of the meeting and postal votes shall be opened in the presence of the attending members at the time of the vote on the relevant issue. For the purposes of forming a quorum votes received by proxy or in writing do not count.
The quorum at all General Meetings shall be 25.
No amendment (other than a motion for adjournment) shall be moved to any resolution proposed at any Annual General Meeting unless written notice of the amendment shall have been sent to the Hon Secretary not less than seven days previous to the meeting. Whenever any such notice shall be given, members should be notified at the first reasonable opportunity.
38. Financial year
The financial year of the association shall end on the 31st day of October in each year, to which day the accounts of the Association shall be balanced.
39. Audit of accounts
The accounts shall as soon as practicable after the end of the financial year be audited by a professional accountant, who shall be appointed at each Annual General Meeting and who shall not be a member of the Association. The Committee shall be empowered to set the remuneration of the auditor.
40. Risk Assessment
The Association will appoint a Risk Management Officer who will maintain an up-to-date risk assessment, which will be published on the Association website and be available to members on request from the Hon Secretary. The Association’s insurance requires that members report any new hazards, or incidents or accidents involving either members of the Association or members of the public, to the Hon Secretary without delay.
41. Catch returns
All members must submit catch returns for salmon/sea trout and for brown trout to the Hon Secretary by 31 October. Members failing to submit catch returns by the specified date will incur a supplement of £20 to the following season’s subscription.
The headings of these rules are for ease of reference only and should not be taken into account in their interpretation.