Club By-Laws

GENERAL HOUSE RULES

1.0         CLUB HOUSE

Notice of the opening hours of the Clubhouse and the facilities of the Club shall be posted at conspicuous locations at the Clubhouse. The Management may alter or vary the opening hours of the Clubhouse or close any of the facilities of the Club or any part of the facilities of the Club for a particular occasion and/or for any reason whatsoever.

2.0       MEMBERSHIP

2.1       The Club shall have the following categories of Memberships:

  • Honorary
  • Individual
  • Term (Golf)
  • Term (Social)
  • Corporate
  • Bumiputra Individual
  • RSC Individual
  • RLC Individual
  • Privileged
  • Residential
  • Term Bumiputra (Golf)
  • Sime Darby Property

2.2      The Company shall be entitled to introduce and grant any other categories of Memberships at any time and from time to time and on such terms as the Company may at its absolute discretion decide subject nevertheless to the approvals of the relevant authorities and such restrictions as the Company may be bound.

2.3    Every Member will be issued a Membership card and at his/her request, to his/her spouse and up to a maximum of five (5) children above twelve (12) years old. Issuance of membership card is subject to the production of the requisite and valid documentary evidence and recent photographs. Children below twelve (12) years old will be given a Membership card upon approval by the Management. Such spouse and children of a Member shall observe and conform to the terms and conditions agreed between such Member with the Company and the Rules and Regulations of the Club. Such Member shall be fully responsible for the behaviour, conduct, acts, default, negligence or omission (whether willful or not) of their respective spouse and children and their observance of the terms and conditions agreed between such Member with the Company and the Rules and Regulations of the Club. In the event of any default, breaches, negligence, omission or non-observance of the said terms and conditions or Rules and Regulations of the Club by such spouse and/or children of a Member, such Member shall be liable and subjected to penalty and/or disciplinary action and/or suspension or termination of his/her Membership.

2.4       Membership cards of children shall automatically be invalidated upon the child attaining the age of twenty one (21) years and the invalidated Membership card must be returned to the Management.

 

2.5     Members and their dependants who have been issued Membership cards must carry their Membership cards whilst in the Club premises and must produce their Membership cards when requested to do so by an authorised employee of the Club.

2.6      Membership cards are the property of the Club and must be returned to the Club upon the termination, withdrawal or transfer of the Membership Licence.

2.7      Membership cards are strictly not transferable and may only be used by the person whose name appears on the card.

2.8     If a Member loses his/her Membership card, he/she must report such loss to the Management immediately, whereupon a new card will be issued and a fee levied.

2.9      Members shall acknowledge receipt of food, beverage, merchandise and service purchased and/or rendered by presenting their Membership cards and signing a charge ticket bearing their full name and Membership number.

2.10     Any service charge or tax chargeable under the Service Tax Act 2018 at the current standard prevailing rate of 6% or any other rate prescribed by law or imposed by the Government from time to time (“SST”) if in force, shall be levied on all food, beverage purchased and/or service rendered.

3.0       CHILDREN / MINOR FAMILY MEMBERS

3.1       Unless accompanied by a parent or guardian, children under the age of twelve (12) yearare not permitted in the Club.

3.2      Persons under the age of eighteen (18) years are not permitted in certain areas of the Club premises as shall be, from time to time, determined by the Management.

3.3    Persons under the age of eighteen (18) years are not permitted to consume alcoholic beverages and/or purchase or consume cigarettes and/or smoking of any kind in the Club premises.

3.4       Parents and guardians shall at all times be fully responsible for the behaviour and conduct of their children.

3.5    Children may only be permitted to sign for facilities or privileges if their parents have authorised them to have a Membership Card and have the signing rights.

3.6       The Management will not be responsible for any missing child or death or injury caused to or suffered by any child in the Club premises.

4.0      GUESTS

4.1     Members may, subject to the payment of such guest charges as shall be determined from time to time by the Management and the Rules and Regulations of the Club, introduce guests to the Club to use and enjoy the facilities of the Club on such days or time as the Management shall decide.

4.2       All guests must be referred by a Member prior to the usage of any of the facilities in the Club, failing which the Member shall be liable to pay double the amount of guest charges payable and be further subject to disciplinary action.

4.3       Members are responsible for their guests. Guests must be accompanied by their introducing Member host throughout their visit and when requested by authorised employees of the Club, identify themselves accordingly.

4.4      Members shall be responsible for all charges including taxes and interests, if any, incurred by their guests.

4.5      Guests are not permitted in such areas of the Club premises as shall be determined from time to time by the Management.

4.6    No Members shall introduce as their guest any person who has been suspended by the Management from entering and using the facilities of the Club or whose Licence has been withdrawn or terminated by the Management.

4.7       Notwithstanding the provisions set out above, the Management shall always reserve the right to deny any guest the privilege of or permission to enter, use and enjoy any of the facilities of the Club.

5.0       CONDUCT BY MEMBERS

5.1       Save for the caddies on the Golf Courses, tipping of the employees of the Club in terms of   monetary and/or in kind is not permitted.

5.2      No employee of the Club shall be sent by any Member or his/her guests on any errand     outside or within the Club premises except with the prior permission of the Management.

5.3       Members and their guests shall at all times conduct themselves with decorum and observe   courtesy and the rules of etiquette in the Club premises.

5.4       Members and their guests shall at all times use the appropriate attire prescribed by the Rules herein and/or as posted from time to time on the Club premises when using the facilities of the Club.

5.5       Every Member will be issued with two (2) car stickers. Additional car stickers may be issued subject to the Management’s discretion. Application for car sticker(s), whether for a new applications, renewal or replacement must be attached with a photocopy of the valid car registration card(s) in Member’s name and the old car sticker(s) of the immediate prior year (except for first time application). The Management reserves the right to reject any application without providing any reason whatsoever.

5.6    Notwithstanding to Clause 5.5 above, the terms and conditions set out in the latest Car Sticker Application Form shall prevail.

5.7    Car stickers shall be for the exclusive use of the Members own vehicle(s). The car sticker shall remain the property of the Club and it must be returned to the Club if any Member has their Membership withdrawn and/or terminated for any reason whatsoever.

5.8      Vehicles waiting to pick up passengers may park at the designated parking bays and should not obstruct the entrance to the Clubhouse. No vehicle is to be left unattended at any time.

5.9       Members and their drivers are to comply with traffic and parking directions indicated  or given by the Security Personnel, or be subject to the vehicle being clamped without prior notice. A fee to be determined by the Management, will be imposed to unclamp such vehicle.  

5.10    Vehicles must be driven carefully and diligently within the Club’s compound.

5.11    Parents of young children must ensure that they do not wander around the car park, drive ways and areas which are at risk of danger.

5.12    No Member shall remove any newspaper, magazine, periodical or moveable property of the Club placed in the Club premises without prior permission of the Management.

5.13     Any Member or guest who breaks or damages the property of the Club placed in the Club premises will be held responsible for such damages, the amount of such cost of damages shall be assessed by the Management whose decision shall be final.

5.14    Members shall refrain from making any noise, causing any nuisance or doing any act which may, in the opinion of the Management or Members, create annoyance to the other Members and their guests.

5.15   No employee of the club shall be reprimanded or punished by a member or his/her guest.

6.0       ABSENT MEMBER

6.1     Any Member may apply to be an Absent Member in the circumstances and subject always to the following conditions:

(a) who leaves West Malaysia for a continuous period of not less than six (6) months may, subject to at least thirty (30) days prior notice in writing and stating reasons for absent status;

(b) the Member must settle all outstanding dues and current charges to the Club prior to the Management’s approval for his/her absent period.

(c)  the application must be accompanied by an advance payment of subscription for six (6) months at the prescribed rate determined by the Management.

(d)  documentary evidence of such departure, satisfactory to the Management.

6.2    The Member's status as an Absent Member will be reviewed every twelve (12)   months and any extension of his/her status as an Absent Member will be permitted   only after the Absent Member pays a further six (6) months advance payment at     the  prescribed rate.

6.3     An Absent Member shall be liable to pay such reduced subscription fee as shall be determined by the Management from time to time for the duration of his/her absence.

6.4      An Absent Member shall notify the Management upon his/her return to Malaysia and subject to his/her settlement of all outstanding dues may resume the privilege of using and enjoying the facilities of the Club.

6.5      An Absent Member who returns to use the facilities of the Club during his/her period of absence shall be removed from the Absent Members’ List and thereafter liable to pay the full subscription fee immediately.

6.6     In the case of Corporate Members, neither the corporation nor its nominee(s) shall be eligible to be placed on such list of Absent Members.

6.7   Only Term (Golf) Members of ten (10) years or twenty (20) years who are natural persons shall be eligible to be placed on such list of Absent Members. For the avoidance of doubt:

(a) Term (Golf) Members of one (1) year or three (3) years who are natural persons; and

(b)  all Term (Golf) Members which are corporations and their nominee(s),shall not be eligible to be placed on such list of Absent Members.

6.8   Term (Social) Members shall not be eligible to be placed on such list of Absent Members.

6.9    All Term Bumiputra (Golf) Members shall be eligible to be placed on such list of Absent Members.

7.0       MEMBERS’ ACCOUNT

7.1     Members are required to pay refundable deposit of Ringgit Malaysia Three Thousand (RM3,000.00) upon application for Membership. In the event of any refund of the aforesaid deposit is to be made to the Members, such refund of the aforesaid deposit or any part thereof shall be free from any interest whatsoever.

7.2   Members shall punctually pay monthly subscription fees to the Club, the amount whereof to be determined by the Management from time to time.

7.3     Members who are suspended by the Board will continue to be liable for the monthly subscription fee.

7.4     All charges incurred by a Member at the Club shall be compiled at the end of every month and a statement of account on the same shall be sent to the Member who shall be required to pay all charges by the twenty-sixth (26th) day of the following month.

7.5     Members shall settle their accounts on or before the date stipulated in their monthly statement of accounts failing which a late payment charge at such rate as the Board shall determine shall be imposed.

7.6    Members who are in arrears with their subscription fee and/or other charges for a period of sixty (60) days commencing from the due date of payment may be listed, at the Board's sole and absolute discretion, as a defaulter under the List of Defaulters posted at a conspicuous part of the Club.

7.7     Members who continues to fail to pay their subscription fee and/or other charges in arrears for more than a period of ninety (90) days from the due date of payment shall be debarred, at the discretion of the Board, from entering the Club premises, participating in or using any of the privileges, amenities and facilities of the Club.

7.8    The Board may withdraw the Licence of any Member who continues to fail to pay his/her outstanding subscription fee and/or other charges for a continuous period of six (6) months and fails to give a satisfactory explanation for his non-payment after having given him/her fourteen (14) days’ notice in writing to pay the outstanding sums. Such notice shall be deemed given on the third (3rd) day following posting by ordinary post to the address of such Member as stated in the Register of Members. Upon such withdrawal, Regulation 10.0 shall be applicable but without prejudice to the right of the Management to:-

(a)  recover all monies due from him/her to the Club; and

(b)  if following the withdrawal of the defaulting Member's license pursuant to Regulation 7.8 (a) above, the defaulting Member continues to fail to pay his/her outstanding subscription fees and/or charges for a continuous period of six (6) months after the date of such withdrawal, terminate the License of the defaulting Member after having given him/her fourteen (14) days’ notice in writing to pay the outstanding sums. Such notice shall be deemed given on the third (3rd) day following posting by ordinary post to the address of such Member as stated in the Register of Members. Upon such termination, Regulation 9.0 shall be applicable.

7.9    If after the withdrawal of a License for the reason set out in Regulation 7.8 (a) but before the termination of such License as set out in Regulation 7.8 (b), a Member shall have paid in full all monies due from him/her to the Club, the Board may, at its absolute discretion, at the request of the Member, reinstate the Member subject always that the Board shall be entitled to reserve the right to refuse such reinstatement without giving any reason whatsoever.

7.10     The Board shall be entitled at any time at its sole and absolute discretion to request any Member to pay such sum as shall be stipulated by the Board to secure his/her due and punctual payment of subscription fee and/or charges payable by him/her.

7.11   With respect to any Member, the Board may, in its absolute discretion, suspend or reduce any subscription fees and/or charges due or payable by such Member for such period or periods as the Board may in its absolute discretion determine. 

7.12  Any Member whom Membership has been suspended, shall for the duration of suspension forfeit all rights to enjoy the facilities and privileges as a Member of the Club. Suspended Members shall continue to be liable for all debt or sum due unpaid by him/her to the Club.

8.0      FORFEITURE OF ADVANCE PAYMENT

Unless otherwise decided by the Management, upon the occurrence of any of the events set out below, the Management shall be entitled, at its absolute discretion, to terminate the License granted to such person and in the event an Advance Payment has been paid thereon then, upon such termination, such portion of the Advance Payment for the unexpired term of the License shall be forfeited by the Management as liquidated damages and the Member shall have no claims against the Management/Club in respect of the said portion and all other monies owing by the Member shall immediately become due and payable:-

(a)  if the Member is convicted of any offence involving violence or dishonesty or shall suffer imprisonment for any reason whatsoever; or

(b)  if the member becomes an enemy alien; or

(c)   if the Member leaves the country to escape criminal proceedings; or

(d)  if the Member's Membership is terminated in accordance with Regulation 7.8 (b); or

(e)  if the Member fails to make or defaults in making any payment or any instalment thereof in respect of the Membership Fee or any fees payable for any conversion of Membership or any part thereof pursuant to such payment schemes in respect of the same as the Board may from time to time implement, within sixty (60) days of such payment falling due.

9.0       WITHDRAWAL OF LICENCE

9.1    Unless otherwise decided by the Board, the Licence granted to a Member shall be withdrawn upon occurrence of any of the following events :-

(a)   a Member (a natural person) is adjudicated a bankrupt or makes composition or arrangements with his creditors, or being a company enters into liquidation whether voluntary or otherwise; or

(b)  a Member is subjected to disciplinary action pursuant to Regulation 10 and following disciplinary proceedings the Board or committee decides to withdraw the Licence of such Member, or

 

(c)  following the suspension of a defaulting Member, such Member continues to fail to pay his subscription fees and/or charges in arrears for a continuous period of ninety (90) days from the date of suspension and fails to give a satisfactory explanation for his non-payment after having given him fourteen (14) days’ notice in writing to pay the outstanding sums. Such notice shall be deemed given on the third (3rd) day following posting by A.R. registered post to the address of such Member as stated in the Register of Members,

and upon such withdrawal of the Licence, the right of entry into the Club granted to him by the company shall cease and the company shall have the right to recover all monies due from the Member to the company.  

9.2  In the event that the License withdrawn aforesaid is a Transferable License, notwithstanding such withdrawal, the Annual License Fee, if payable thereon, and subscription fee shall continue to be payable by the Member until such time that the said License lapses or is transferred to a transferee, who is approved by the Board and upon such transfer, the transferee of the said Licence shall pay to the Company an Advance Payment not exceeding the total amount of the annual licence fee payable for the remaining period of the term of the Licence and upon such payment thereof, the Company shall repay to the transferor such portion of the Advance Payment paid by him for the unexpired portion of the term of the Licence granted to him.. In the event that the delinquent Member shall fail or refuse to pay the subscription fee payable, a late payment charge at such rate as the Board shall determine shall be imposed on the outstanding sum until full payment thereof.

9.3     If after the withdrawal of a Licence for the reason set out in Regulation 9.1(c) above but before the termination of such Licence following the withdrawal of a defaulting Member’s Licence due to failure to pay his subscription fees and/or other charges in arrears, a Member shall have paid in full all monies due from him to the Company, the Board may, at its absolute discretion, at the request of the Member, reinstate the Member subject to payment of a reinstatement fee and Subject Always That the Board shall be entitled to reserve the right to refuse such reinstatement without giving any reason whatsoever.

9.4    A Member whose Licence has been withdrawn under Regulation 10.1 below shall thereafter no longer be entitled to enter the Club and/or to use and enjoy the facilities of the Club and shall only be eligible to re-apply for a Licence subject to the approval of the Board, which approval may be withheld at the absolute discretion of the Board.

                       

10.0    DISCIPLINARY ACTION

10.1      Any Member who acts in any manner prejudicial to the interests of the Club or the other Members or shall breach any Rule and/or Regulation of the Club may be subjected to disciplinary proceedings conducted by the Company in the following manner:-

            (a) The Management shall determine whether there is sufficient evidence or grounds to justify calling on the delinquent Member to answer any allegations or charges made against him and if in the affirmative, the Management shall give a notice in writing to such Member  informing him of the allegations or charges made against him and requiring him to attend a meeting of the Board or a committee, if such powers have been delegated to the committee in relation to the allegation and charges made against the Member.

(b)   At such meeting, the Member concerned shall have the right to be heard.

(c)   The Board or committee may at the conclusion of such meeting:

                   (i)  suspend the Member;

                   (ii) withdraw the Licence of such Member; or

                   (iii) impose any other penalty deemed fit,

10.2   A Member whose Licence has been withdrawn under Regulation 10.1 above shall thereafter no longer be entitled to enter the Club and/or to use and enjoy the facilities of the Club and shall only be eligible to re-apply for a Licence subject to the approval of the Board, which approval may be withheld at the absolute discretion of the Board.

10.3   Whenever the provisions in this Regulation 10 refer to ‘Members’ the same shall apply to such spouse and children of a Member unless the context otherwise provides.

10.4.  Any Member who is aggrieved by the decision of the Disciplinary Committee pursuant to Regulation 10.1(e) may within fourteen (14) days from the date of the letter communicating the decision submit an appeal to the Board.

11.0    SUSPENSION

11.1     Any Member who is suspended pursuant to Regulation 7.7 or by the Board pursuant to Regulation 10.1, shall be debarred from entering the Club premises and/or using and enjoying the privileges, amenities and facilities of the Club. For the avoidance of doubt, such Member shall continue to hold his/her Licence and the Rules and/or Regulations of the Club shall continue to apply to him. In particular and without prejudice to the generality of the foregoing, any Member who is suspended by the Board or committee will continue to be liable for payment of the monthly subscription fee and/or other charges.

12.0    POWERS OF THE BOARD

12.1  The Board shall have full power to make, alter, add to or repeal these Rules. Such Rules so made, added to, altered or repealed shall come into operation at such time as determined by the Board.

12.2   The Board shall have full power to decide on all matters relating to the management of the Club and all matters arising out of or not covered by these Rules. The decision of the Board on the above-mentioned matters shall be final.

12.3  The Board shall have the power, at its sole and absolute discretion, to appoint a minimum of three (3) suitably qualified persons to sit as Special Committee to hear appeals from members pursuant to Regulation 10.4. The decision of the Special Committee shall be final and binding on the Member. 

13.0    LIAISON COMMITTEE

13.1  The Liaison Committee shall comprise of members of the Club elected during the annual general meeting by Members and the representatives from the Management of TPC Kuala Lumpur.

The committee shall comprise the following office bearers:

(a)  Chairman

(To be elected by Committee from among themselves)

(b)  Committee Members

(Members’ Representatives elected by Members during AGM)

13.2     The objectives of the Liaison Committee shall be to:

(a)  establish a channel of communication between the Company and the Members.

(b)  the Liaison Committee shall be entitled to inform the Trustee of their views on the activities of the Club Provided Always and it is HEREBY EXPRESSLY stipulated that the Liaison Committee shall NOT at any time be deemed to be vested with any rights or power in the management of the Club nor to enforce the provisions of the Trust Deed without the Trustee’s consent.

(c)   have regular meetings or discussions and provide advice/recommendation to the Management in the areas within their limits.

13.3    The Liaison Committee shall consist of five (5) Members who shall be appointed from amongst the Members at an annual general meeting of TPC Kuala Lumpur.

13.4   The Liaison Committee members shall be appointed to the Liaison Committee for a period of one (1) year commencing from the date of their appointment.

13.5   The powers of the Liaison Committee are subject to the following limitations:

(a)  no members of the Committee shall give any warranty and/or any representation to any person(s) without prior written consent of the Management.

(b)  no members of the Committee shall enter into any transaction or agreement for or on behalf of the Company. Any transaction or agreement to be entered into with any other party in relation to any objective to be carried out by the Liaison Committee herein must be executed by authorized personnel of the Management only.

13.6   Members of the Liaison Committee shall use their best endeavors to carry out their functions within the limits of the Terms of Reference (TOR) and powers set out therein.

13.7   Notwithstanding the terms set out in the TOR, the Company reserves the right to vary, alter or withdraw at its absolute discretion any of the terms in the TOR or powers at any time with or without assigning any reason whatsoever.

14.0    DISCIPLINARY COMMITTEE

14.1   The Disciplinary Committee shall comprise of representatives amongst Members, and the chief executive officer or senior management of TPC Kuala Lumpur;

14.2   The chairman of the Disciplinary Committee shall be elected amongst members of the Disciplinary Committee;

14.3     The objectives of the Disciplinary Committee shall be to:

(a)  instill and promote good discipline, conduct and harmony among all Members of the Club;

(b) recommend or propose to the Management for its consideration any improvement or amendment to the Club Rules and Regulations; and,

(c) carry out any inquiry relating to the discipline of Members and recommend disciplinary actions, if any, to be taken against any delinquent Member.

14.4     A chairman and a minimum of two (2) Committee Members comprising Members, and the chief executive officer or Senior Management representative, will be appointed by the Management.

14.5  The chairman and committee members shall be appointed as the Disciplinary Committee for a period of one (1) year commencing from their date of appointment.

14.6   Unless otherwise advised in writing by the Management, the chairman and committee members to the Disciplinary Committee shall automatically be terminated on the date of expiry of their appointment provided always that they shall be eligible for reappointment for the following year.

14.7  Notwithstanding the terms of appointment set out above, the chairman and  committee members may be removed by the Management from the Disciplinary Committee:

(a) if absent without reasonable excuse for three (3) consecutive Disciplinary Committee meetings.

(b) ceases to be a Member.

(c)  resigns by notice in writing to the Management.

(d) is relinquished of his/her appointment by the Management.

14.8  Upon the removal of chairman and/or committee members from the Disciplinary Committee by the Management under Regulation 14.7 above, the Management may co-opt any other Member to fill the vacant position until the end of term.

14.9   The procedure of meetings and conduct of meetings of the Disciplinary Committee will be carried out in such manner as the Disciplinary Committee shall determine by majority.

14.10  The procedure of conducting an inquiry into an alleged misconduct by a Member shall be:

(a) upon receipt of an official complaint or report of misconduct, the Management shall acknowledge the receipt of the complaint and forward the complaint to the Disciplinary Committee.

 

(b) the Disciplinary Committee shall ascertain the seriousness of misconduct and may wish to conduct an inquiry into the misconduct.

(c)  where necessary, any inquiry shall be arranged giving the alleged Member a fair chance to present his/her case with witness, where applicable. Notice shall be served twenty-one (21) days’ in advance.

(d) the Disciplinary Committee shall deliberate and decide on the verdict after the inquiry. All decisions and recommendations shall be forwarded to the Management for further endorsement and action.

(e)  the alleged Member, if found guilty shall have the avenue of appeal by submitting same to the Management within fourteen (14) days of receipt of the verdict.

(f)   all decisions of the Management and Disciplinary Committee shall be final.

14.11   The quorum for any meeting and inquiry of the Disciplinary Committee shall be three (3) comprising either chairman and one committee member or two (2) committee members and one of the ex-officio.

14.12  Subject to the Disciplinary Committee complying strictly with the TOR set out above, the Management hereby confer the following powers to the Disciplinary Committee:

(a)  to assist the Management in overseeing the good performance and discipline of all Members.

(b)  to assist the Management in implementing and enforcing all the By-laws of the Club.

(c)   to conduct inquiries and recommend to the Management disciplinary actions to be taken against Members’ indiscipline and misconduct.

14.13 The powers conferred to the Disciplinary Committee are subject to the following limitations:

(a) neither the Disciplinary Committee nor any member of the Disciplinary Committee shall give any speech, statement and/or representation to any person(s) without the prior written consent of the Management.

(b) neither the Disciplinary Committee nor any member of the Disciplinary Committee shall enter into any transaction, agreement and/or commitments to be entered into with any other party in relation to any objective to be carried out by the Disciplinary Committee herein. Such entry into any transaction, agreement and/or commitments must be executed by an authorised personnel of the Company only.

14.14 Members of the Disciplinary Committee shall use their best endeavors to carry out their functions within the limits of the TOR and powers set out herein.

14.15 Notwithstanding the terms set out in the TOR, the Company reserves the right to vary, alter or withdraw at its absolute discretion any of the terms in the TOR or power set out above at any time with or without assigning any reason whatsoever.



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