Statutes – Banda Municipal da Ponta do Sol

Current Statutes Approved by the General Assembly in the year 1944

Chapter I – Headquarters, Denomination and Purposes

Article 1
The Recreation Association called Banda Municipal da Ponta do Sol  (Principe de Odemburgo Philharmonic) founded on December 1, 1882, has its headquarters in the village of Ponta do Sol and will be governed by these bylaws.

Article 2
The purposes of the Band are:
a) To instruct its members in the musical art, so that they can present themselves contiguously in public;
b) Free or renumbered, as the General Assembly determines, any camps, national charity parties, etc.

Article 3
It will have neither political nor religious ends.

Chapter II – Members, their classes and admissions

Article 4
The Banda Municipal da Ponta do Sol, will be composed of a limited number of members, of the classes namely: Executives, Apprentice and Contributors:
a) Performers: these are the current members who take part in the Band and all members of the artistic class, who live decently, enjoy a good moral and civil reputation and who already considered musicians, have already been admitted to this Band.
b) Apprentices: it is the individuals who make in this Band their musical learning, which when apt and by determination of the regent begin to take part in the general rehearsals, camp, etc.; being considered executing partners when the Direction of agreement with the regent considers opportune.
c) Contributors: all non-artistic individuals who live decently and enjoy a good moral and civil reputation, greater or emancipated, and contribute monthly to the pecuniary membership fee set by the General Assembly.

Article 5
The admission of the partners – executors or taxpayers – shall be made by a proposal sent to the Board by two partners in the use of their rights, stating the name, age, state, domicile and profession of admission therein, and such proposals must be submitted to the General Assembly for this purpose it will meet extraordinarily on the first Sunday after its delivery.

Sole Paragraph:
If the proposal is rejected by the General Assembly, there will be no appeal.

Article 6
The admission of apprentices shall be made by the regent without formalized necessity referred to in article 5, and may likewise dismiss them when their artistic incapacity, disobedience or any acts performed by them against the provisions of these statutes are known or against the good name and reputation of the Band.

Chapter III – The Duties and Rights of Members

Article 7
All members are required to:
1º) To strictly observe these statutes.
2) To comply with the instructions of the Board, when they are not contrary to the spirit of the same.
3º) Promote when in itself fits for moral and material prosperity of the Band.
4) To keep the proper decency in the rooms of its headquarters or where it is represented.
5) Do not discuss matters of a political or religious nature.
6º) Not to present in the rooms of the Band, people of doubtful reputation or presentation less decent.
7) To treat the service personnel with civility.
8º) To notify in writing the Board of Directors, when it intends to cease to be a member of the company, being considered to be discharged of its obligations to the Band.
9) Pay monthly the quota that is designated by the General Assembly.
10) To serve the positions for free as they are appointed or elected.
11) A member who, for any recognized circumstance, can not pay his quota, must participate in writing to the Board, which will exempt him from this payment, while remaining in the enjoyment of his membership rights.
12) The acting partners and apprentices are not obliged to pay the quota, but may do so of their own free will.

Article 8
All members have the right:
1º) To attend the house of the society.
2º) Propose to members those individuals who meet the conditions required in Article 4 (a) and (c).
3) To take part in the General Assembly provided they do not have three shares in arrears.
4º) Attend the sessions and celebration that take place in the society and that are dedicated to the partners.
5) To complain to the Board in writing, against the admission of any member.

Chapter IV – General Assembly

Article 9
The General Assembly is the meeting of all the contributing and performing partners, in the enjoyment of their rights, convened by the President or in his own time.

Sole paragraph:
No member may be represented by any means other than his presence.

Article 10
The General Assembly delegates its powers:
1º) At a table composed of a president, a secretary and his substitutes, these functioning only in the absence or impediment of the staff.
2º) In an administrative body composed of three effective members and three substitutes.

Article 12
The General Assembly shall have sole responsibility for:
1º) To know the affairs of the Band, by the reports of the Board and of the Fiscal Council, giving its vote on its conclusions.
2) To elect annually the Bureau of the Board of the Fiscal Council.
3) To make sanction the regulations of the society.
4º) Deliberate the penalty of suspension or expulsion of the members when there is serious reason.
5º) To observe the proposals for performing members and taxpayers and to deliberate about their admission.

Call and operation

Article 13
The General Assembly shall ordinarily and extraordinarily meet:
a) Ordinarily on December 2 of each year, for purposes in Articles 1 and 2 of Article 12.
b) Extraordinary, for purposes designated in the remaining paragraphs of the same article, when called by the Board of Directors, or Fiscal Council through that one.

Article 14
The General Assembly shall function in a first meeting with at least two-thirds of the members and, on the second eight days after the first, any number.

Article 15
The General Assembly may only work with contributing members when the matter is not of an artistic nature, and may, when it is, operate only with performing members, and in any case the Management shall be present.

Article 16
Any session convened without the authorization of the Chairman of the General Assembly, or of those who have done so, or performed at a time and place other than that indicated without other notices, is null and void and the resolutions adopted therein shall have no effect, and the management bodies shall deny them.

Chapter V – Fiscal Council

Article 17
The Fiscal Council shall be composed of three members and three substitutes: one being a president, one secretary and one rapporteur.

Article 18
The Fiscal Council is responsible for:
1º) Examine the bookkeeping of the Board, whenever it deems it convenient, and for this occasion be present one of the directors.
2) To request, through the Board of Directors, the convocation of the General Assembly when it deems it necessary.
3º) To respond and give an opinion on any consultation made to it by the Board attending its sessions, whenever it is required.
4º) Formulate the report of its management and submit it for the approval of the General Assembly.

Chapter VI – Management

Article 19
The General Administration of the Banda Municipal da Ponta do Sol, will be exercised by an annual elected Directorate, composed of a president, a secretary and a treasurer and respective substitutes.

Article 20
The Directorate shall serve for a period of one year, and may be re-elected for the same term.

Article 21
The Board represents for all the legal elect the company and its attributions are:
1º) To manage the society.
2) Formulate the regulations for the operation of the internal service, which will be submitted to the General Assembly for consideration.
3º) To intervene in any conflicts or disagreements between the partners, resolving them with the greatest tolerance and impartiality.
4º) To invite to the solemn acts of the Band the entities that it deems convenient.
5º) To authorize the Fiscal Council, whenever it so requires, the books and documents and provide any other clarifications.
6º) Formulate the report of its management and submit it for the approval of the General Assembly.

Chapter VII – Elections and Possessions

Article 22
Only the members referred to in Article 9 are elected and eligible.

Article 23
Elections to any office in the company shall be by secret ballot.

Article 24
The General Assembly may judge in them to elections in which they take a preterido formalities, whose observance can have influence in the final result, the same.

Article 25
For the election of any positions, an absolute majority is required in the first ballot, and only the relative majority in the second ballot.

Article 26
The election will be held at the same session as the election takes place.

Article 27
It is up to the board to review whether eligible voters are in full enjoyment of their rights.

Article 28
The investiture shall be given to each committee elected by the chairmen of the respective previous committees within eight days immediately to the assembly that elects them.

Chapter VIII – Penalties of contributing members

Article 29
Losing the right of members:
1º) Those who have three monthly payments and who are advised, in writing by the Board, do not comply within fifteen days from the date of notice.
2) Those to whom the General Assembly recognizes have harmed society.
3) Those who by their bad behavior in the house of the society or where it is made represent, deserve censorship and being admonished by the Direction or the table, they returned, disagreeing with the observations that had been made to him or to the regulations in force.

Paragraph 1:
In this case, the member shall be immediately suspended from his guarantees and the General Assembly shall decide on the smoothness of the case and sentence.

Paragraph 2:
The sentences will be suspended for a six months or resignation.

Chapter IX – Penalties of performing partners

Article 30
The provisions of Article 29 shall also apply to the performing partners.

Article 31
The following penalties will be applied to the executing partners:
1º) For lack to the test without justified reason will pay of fine 2 $ 50.
2º) Appearing after spending more than 15 minutes, in addition to the scheduled time will pay the fine of 1 $ 00.
3) For lack of respect to the conductor, or to whoever represents him, inside or outside the rehearsal room to pay a fine of 5 $ 00 for the first time, 10 $ 00 for the second, being immediately excluded when he recidivates.
4) For offenses to his comrades with words or blows, within the association or in exercise of functions will pay the fine of 10 $ 00.
5º) The member who presents drunk in exercise of functions will pay the fine of 10 $ 00.
6º) The member who presents himself in camp, public concert, or any party without the uniform that was determined will pay a fine of 5 $ 00.
7) The member who is missing at the time scheduled to start a camp or public concert will pay the fine of 1 $ 50.
8) For each number that the Band has executed without their appearance will pay a fine of $ 50.

Article 32
The complaints of the members against their colleagues, should be made to the particular regent, who in the impossibility of resolving them, will present them to the Board.

Article 33
Members will receive a 5% discount on the duties they perform.

Paragraph 1:
Exceptions to this discount are gratuities.

Chapter X – Rights, Duties and Penalties of the Regent

Article 34
The Regent enjoys all the inherent rights of the members and may admit or dismiss apprentices regardless of the Director’s knowledge.

Article 35
It is incumbent upon the Regent:
a) Ensure the cleaning and conservation of the uniforms and instruments participating in the management of the faults observed.
b) Designate the instruments that the members must play.
c) Strive to present the Band with the proper distinction of decency, wherever it has to be heard.
d) To appoint the members for the functions, in view of the members who are entitled to it, but also taking into account their competence and musical aptitudes for the good performance of the service to be performed.

Article 36
The fines referred to in article 31 are double applied to the regent when they are in progress.

Article 37
The quotas of the apprentices will revert are in favor of the regent, or of the lecturer.

Chapter XI – Social Fund

Article 38
It constitutes a social fund:
a) The importance of quotas.
(b) the revenue referred to in Articles 31, 33 and 36.
c) All the pecuniary offer made by friends of the Band.

Chapter XII – Transitional provisions

Article 39
The Banda Municipal da Ponta do Sol whenever the General Assembly so understands, will carry out a celebration commemorating its foundation which should take place on the first of December.

Article 40
The instruments, shelves and other furniture, as well as the existing scores in the file etc. are the exclusive property of Banda and no partner to them can claim rights.

Article 41
Any member is allowed to acquire on his behalf the instrument that the regent indicates to him, but never any belonging to society.

Article 42
The sale or loan of movable property belonging to the company may only be done with the prior authorization of the General Assembly.

Article 43
When there is an absolute lack of funds and all legal means of obtaining them have been exhausted, the contributing members and executors, called for that purpose in an Extraordinary General Assembly, resolve by a two-thirds increase to their total number, that society can not continue to exist , which will proceed to the sale of all Band assets.

Article 44
Once this liquidation has been made and any debts have been paid, the balance, if it exists, will be delivered to a charity or institution, at the General Shareholders’ Meeting’s choice.

Article 45
The General Assembly may revoke, modify or suspend the execution of any article of these by-laws when it deems it convenient, and the call of the General Assembly shall be made in accordance with article 14.

Start typing and press Enter to search