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MAJORITY REPORT.
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do not in his view adequately provide for its proper government,
or are likely to operate unfairly to the prejudice of its members,
to give notice to the Society, not less than one month before a
general meeting, requiring it to consider the making of an
amendment to the rule to which exception is taken. We
further recommend that if in any case a Society should refuse or
neglect to make the required amendment, the Minister should
be empowered to make an Order directing that it should be
deemed to be incorporated in the rules of the Society. We
recognise that this proposal may be criticised in certain quarters
as an infringement of the important principle of self-government
of Societies by their members. We do not in any way suggest
that this principle should be abrogated or that it should be open
to the Minister to override the wishes of members and alter the
rules of Societies as he may think fit. In order to make this
clear and to provide the necessary safeguard, we suggest that
it should be open to a Society to appeal against an Order of the
Minister directing an amendment in its rules, and that the
Society’s objections should be heard and decided by some
indevendent tribunal.
27
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241. As an illustration of the type of rule to which the suggested
procedure might have to be applied, we may refer to the rules
relating to the settlement of disputes between Societies and
their members. We were informed that the Model Rule on this
subject issued by the Department has been adopted by over 800
Societies, or more than four-fifths of the total number (Kinnear,
Q. 23,750). This rule provides for disputes being referred to
one tribunal only, before reference to the Minister, who is the
final court of appeal under the Act. We were told, however,
that the rules of many Societies dealing with this matter are still
unsatisfactory. In England 13 Societies require appeals to be
referred to two tribunals before reference to the Minister and
10 other Societies interpose three tribunals. There is, more-
over, considerable variation in the time limits imposed by rule
prescribing the period within which an aggrieved member is
required to lodge an appeal, and in some of these there is
reason to believe that the time limit operates harshly. In some
cases onerous deposits varying in amount from bs. to 35s. are
required from members before their appeals can be heard. We
are of opinion that in the case of centralised Societies there
should be only one tribunal within the Society for the hearing
of appeals before reference to the Minister, and that in the case
of a Society with branches not more than two such tribunals
should be allowed, first, the branch tribunal, and, secondly, a
tribunal of the District to which the branch is attached, or of the
central body of the Society.