1.NAME
| (a) |
The name of the Association shall be “ Persatuan Kwong Wai Siew Bahagian Miri ” (Kwong Wai Siew Association of Miri Division),Hereinafter referred to as the Association. |
2.ADDRESS
| (a) |
The Association’s registered address shall be Lot 1450, Jee Foh Road,Miri Sarawak. |
| (b) |
The postal address of the Association shall be P.O.Box 120,98007 Miri, Sarawak. |
| (c) |
The registered/postal address of the Association shall not be changed Without the prior approval of the Registrar of Societies. |
3.AIM AND OBJECT
| (a) |
The aim and object of the Association shall be foster goon will and cordiaiRelationship amongst members and to promote publie enterprise like Charity,Education, and Entertainments all of which shall be conducted in Conformity with the requirements of laws of the Governmrnt. |
| (b) |
To acquire properties and such facilities which are financially beneficial to The Association, Any profit, bonus or dividend which made from any Investment shall not be given to any Member except for the promotion of The objects and the activities of the Association. |
4.MEMBERSHIP
| (a) |
1. |
Any Chinese Malaysia citizen residing in Miri Civision, originally from the three districts namely Guong-zhou, Wai-chow and Siew-heng of the Guongdong province in China, who is above the age of 18 years,Irrespective of sex, good character and conduct, Possessing properOccupation Shall be eligible to apply for membership of the association. |
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2. |
A new member with regard to ordinary, Life member or association member shall only entitle to enjoy the rights and privileges six(6)monthsafter the date of the entrance fee and subcription has been paid. |
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3. |
Any one of the chilaren of the deceased member may be allowed to apply for membership from payment of entrance fee. |
| (b) |
Any member’s wife who is not originally from the three districts mentionedabove, is allowed to apply as an associate member, and she has to pay a sumof RM 20.00 for the entrance fee and a lump sum of RM240.00 for subscription together with a completed application from and three copiesphoto and a photo copy of her I.C. |
| (C) |
An associate member shall enjoy all the priviege as an ordinary member buthe shall not be eligible to be elected as Management Committee member of he association and voting right. |
| (d) |
The associate member shall retain her membership and continue to enjoy suchprivileges upon the dead of such member. |
| (e) |
Once, she has divorced or remarried to a non member her membership shall beautomatically treminated, and all monies contributed to the association shall be forfeited. |
5.APPLICATION FOR MEMBERSHIP
| (a) |
Any resident of the above mentioned districts wish to become a member of the association shall to complete an application form proposed by two members together with three copies(passport size)and a photocopy I.C. ,then such application form will be submitted to the management Committee for consideration and approval. Upon approval the applicant shall pay a sum of RM20.00 for the entrance fee and a sum of RM 12.00 for annual subscription, and also he/she may pay RM20.00 for entrance fee and a lump sum of RM240.00 subscription fee as a life member.
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| (b) |
Any applicant whose age is 55 years and above, upon approval he/she shall only pay a sum of RM 20.00 for the entrance fee and a lump sum of RM240 as a life member. |
| (c) |
The Management Committee shall at its own discretion to reject any membership application without assigning any reason. |
6.RIGHTS AND PRIVILEGES
Members shall be the following rights, privileges and facilities furnished by the Association:
| (a) |
To vote and to be voted. |
| (b) |
To submit and vote for proposal for proper management. |
| (c) |
To apply for assistance in their dealings of a proper nature. |
| (d) |
To apply for compassionate relief in distress of misfortune and for mediation in case of disputes. |
| (e) |
To apply for loan of the Association’s Hall, furniture and equipment on occasions either happy of otherwise, provided the loan is not intended for a profit making project and application in The General Secretary must submit writing for approval. |
| (f) |
Outstation member visiting Miri can apply to stay temporarily in the guest’s room of the Association provided the stay does not exceed 14(fourteen)days and must be approved by the General Secretary. |
| (g) |
To entitle to all other rights, privlieges and failities as enacted in the rules and resolutions of the Association. |
7.DUTIES
Members of the Association shall have the duties to accept offices designated, to pay entrance fees, Monthly subscription, special donations, introducing new member, arbitration and associates in case of disputes, to observe all rules and regulation as the resolution of all meetings and to assist in the smooth functioning of the Association.
8.ORGANISATION AND POWER
The General Meeting of Members shall be the highest authority of the Association. It shall powers to elect or to dismiss office bearers and to initiate of finalize all matters of the Association. When The General Meeting is not in session, the Association shall be managed by the Management Committee which shall be Consisting of the following office bearers:
| 1 President |
1 Youth Officer |
| 1 First Vice President |
1 Deputy Youth Officer |
| 1 Second Vice President |
1 Woman Officer |
| 1 General Secretary |
1 Deputy Women Officer |
| 1 Deputy Deneral Secretary |
1 Senior Section Officer |
| 1 Treasurer |
1 Deputy Senior Section Officer |
| 1 Deputy Treasurer |
1 Mutual Help Officer |
| 1 General Affairs Officer |
1 Deputy Mutual Help Officer |
| 1 Deputy General Affairs Officer |
1 Charity Officer |
| 1 English Correspondence Officer |
1 Deputy Charity Officer |
| 1 Bahasa Malaysia Correspondence Officer |
1 Education Officer |
| 1 Social Affairs Officer |
1 Deputy Education Officer |
| 1 Deputy Social Affairs Officer |
1 Entertainment Officer |
| 1 Incestigator |
1 Deputy Entertainment Officer |
| 1 Deputy Inestigator |
1 Solicitor |
| 1 Deputy Solicitor |
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There shall be an Advisory Board to invigilate the works of the Association. This Board shall consist of one Chairman and six menber whose duties shall also be Responsible for arbi tration and shall mediation and shall only be under the direction of the General Meeting.The Advisory Board does not come under the Management Committee.
9.The General Meeting of member shall deal in all matters concerning the Association such as the election of member for the Management Committee,. Trustees for the safe custody of the association’s properties, Advisory Board and Revision of Rules and Regulations as well as matters that cannot be solved or Settled by the Management Committee.
10.The Management Committee shall deal in all matters concerning the Association and to carry out all resolution passed at the General Meeting and shall be legal group-representatives of the Association and represent the Association in all external affairs.
11. PRESIDENT
The president shall be concerned with all the affairs of the Association and shall have in his custody the Association. He shall correspondences preside at meetings and see that all the resolutions are carried out. He shall be legal individual-representative of the Association.
| (a) |
First Vice-President shall deputies for the President during the latter’s absence. |
| (b) |
Second Vice-President shall deputies for the President during the absence of both the president and First Vice-President. |
12.GENERAL SECRETARY
The General secretary shall be responsible for all the correspondence in Chinese Either receipt or Dispatch and the drafting of the Association’s documents, Recording minutes in meetings and take Custody of the Association’s document. The General Secretary shall also be responsible for the Planning and supervision of all branches of work the Association.
13. TREASURER
The treasurer shall be responsible for the income and expenditure of the Association and shall sign all document or vouchers in connection with his financial work. Cash in hand exceeding RM 500.00(five hundred (shall be deposited in a bank in the name of the Association. All cheques in transaction for withdrawals must be jointly signed by any two of the following three officers namely the President, the General Secretary and the treasurer and shall also dear the Association’s Official Seal.
14. GENERAL AFFAIRS OFFICER
The General Affairs Officer shall be responsible for all matters to which no Specific officer has been assigned to do the same.
15. ENGLISH CORRESPONDENCE OFFICER
The English Correspondence Officer shall be responsible for all the Correspondences in English, and if necessary shall represent the Association in all matters connected with Government Offices.
16. BAHASA CORRESPONDENCE OFFICER
Bahasa Malaysia Correspondence Officer shall be responsible for all the Correspond dences in Bahasa Malaysia and if necessary shall represent the Association in all matters connected with Government Officer.
17. SOCIAL AFFAIRS OFFICER
The Social Affaire Officer shall mainly be concerned with affairs of social nature.
18. INVESTIGATOR
The investigator shall shoulder the responsibility of investigating all matters concerning the Association and its members and the application of new members and shall see that the intending Applicants are suitably qualified for admission. He shall intercede with the management committee for compassionate relief on behalf of members who are actually in great distress or misfortune.
19. MUTUAL HELP OFFICER
Such officer shall deal in matter concerning the mutual interests of members as attending funeral in case of death. He shall be assisted by his deputy and five other committee members in rendering mutual assistance.
20. CHARITY OFFICER
Such Office shall only be concerned with matters of a charitable nature as alleviating hardships and helping the needy. He shall also endeavor to assist in matters concerning education and Public welfare.
21. EDUCATION OFFICER
Such Officer shall be responsible for all the amenities of education matters as library, newspapers and periodicals reading room and to render facilities to food scholars for scholarships for member’s dependents.
22. ENTERTAINMENT OFFICER
Such Officer shall only be concerned with matters of entertainment as sports and Theatrical Performances.
23. SOLICITOR
Such Officer shall mainly be concerned with matters as recruitment of new Members and to appeal for fund member of the association when the financial position of the Association is unable to meet with the necessary requirements.
24. YOUTH OFFICER
Such Officer shall be responsible for the direction and control of youth group affairs and to become the link between the Management Committee and the Youth group reporting directly to the Management Committee.
25. SCHOLARSHIP COMMOTTEE
A Scholarship Committee shall be formed when necessary, by the President, the General Secretary, and the investigator, the Education Officer, the Mutual Help Officer and Charity Officer and shall be responsible for matters concerning the granting of Scholarships or subsidies to ambitious children who are members dependents and who can ill-afford to provide their children for higher education.
26. ADVISORY BOARD
The Advisory Board shall be responsible for the invigilation of the work of the Association and shall offer advices to the Management Committee to salve any problem which considered not have been dealt with properly.
27. ARBITRATION AND MEDIATION COMMITTEE
The Arbitration and Mediation Committee shall be managed by the President. Vice-Presidents. General Secretary. Mutual Help Officer and members of Advisory Board and shall be responsible for amicable settlement of disputes amongst members of the Association in accordance with the Laval Laws of the Government. Provided that the parties conceded have given their consent to such Arbitration.
28. WOMEN YOUTH GROUPS AND SENIOR OFFICER GROUP
These Groups will come under the direct control and advice of the Management Committee in accordance with the rules and regulations of the Association.
29. DEPUTY OFFICERS
The Deputy General Secretary. Deputy Treasurer. Deputy General Affairs Officer. Deputy Social Officer. Deputy investigator. Deputy Mutual Help Officer. Deputy Youth Officer. Deputy Woman Officer. Deputy Senior Officer. Deputy Charity Officer, Deputy Education Officer, Deputy Entertainment Officer and Deputy Solicitor shall assist their Principal Officers and shall act for them during their Absence.
30. OUTSTATION REPRESENTATIVES
Outstation Representatives shall be appointed by the Management Committee and shall deal with such things in their respective areas as directed by the Management Committee.
31. AUDIT
| (A) |
One or more persons, who must not be office-bearers of the Association, shall be appointed by the annual general meeting as Honorary Auditors. They shall hold of fice for two year only and shall not be reappointed. |
| (B) |
The Auditor/Auditors shall be required to audit the accounts of the Association for each year, and to prepare a report or certificate for the annual general meeting. He/they may also be required by the President to audit the accounts of the Association for any period within their of office at any date, and to make a report to management Committee. |
32.APPOINTMENTOF OFFICERS UNDER SECTION9(B)OF SOCIETIES ACT, 1966
| (1) |
Three officers who must be office-bearers and over 21 years of age, shall be appointed at the annual general meeting for the purpose of section 9 (B)of the Societies Act,1966. |
| (2) |
That shall hold office until term expires at the annual general meeting and shall be eligible for re-election. |
| (3) |
The officer appointed under this rule shall deal with the immovable Property of the Association in such manner as general meeting may direct that all immovable properties shall be registered in the name of the Association. |
| (4) |
The officers shall not sell, withdraw or transfer any of the property of the Association without the authority of a general meeting of members. |
| (5) |
An officer may be removed from office by a general meeting on the Ground that, owing to ill health, unsoundness of mind, absence from the Country or for any other reason, he is unable to perform his duties or unable to do so satisfactorily. In the event of the death, resignation or Removal of an officer before the annual general meeting, the vacancy shall Be filled by an extraordinary general meeting convened for the purpose. |
33. PAYING LIMITS
Limit of expenditure; Apart from ordinary expenditure. The President shall have the authority to sanction bills of not exceeding RM 5,000.00 and the General Secretary not exceeding RM 500.00 at any one time. Any bill in excess the above Mentioned amounts shall be considered and approved by the Management committee first. Provided that only expenditure exceeding RM 20,000.00 at any one time shall not be incurred unless prior sanction by a General Meeting of members.
34. MEETINGS
The annual general meeting shall be convened on 1st January of each year. One month’s notice in advance shall be given by the Management Committee before the meeting is conducted and whereby, the activities and financial position of the preceding year shall be reported and the programmed for the ensuing year to be discussed. The quorum of any such meeting shall be twice the Management Committee members or half of the total membership, whichever is the lesser. Failure to form a quorum during a general meeting, through poor attendance, it shall be replaced by a further meeting and which shall be considered valid, if the number of members attending exceeds half of the member of the first meeting, provided that the meeting shall not amend these rules or make decisions affecting the whole membership.
| 35. |
(a) |
The first Management Committee meeting held on the new Year day of each year stall proceed with the handing over of duties to new office-bearers. There after, Management Committee meeting shall be held during the middle part of each month on date to be selected by the President and an agenda of each meeting shall be forwarded to all members of the Management Committee at least two days before the meeting takes place. |
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(b) |
Extraordinary General meeting may be called by the Management Committee or by the members where there is twice the member or the Management Committee members of the Association deem it’s necessary, but it must be join together with a good reason in writing then it shall be done so with-in 30 days. Thereafter the General Secretary shall issue a notice to all the members 15 days before such Meeting is held. Such meeting shall not amend any rules or make decisions affecting the whole members, and there shall not be allowed to call for another meeting regarding the same matter with-in six (6) month thereof. |
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(c) |
The quorum for the Management Committee meeting shall be at least one Half of the members of Management Committee and that for an Extraordinary General Meeting shall be twice the number of Management Committee members or one half of the total membership, which ever is the Lesser. |
36. ATIENDANCE
Office-bearers shall not at their own discretion be absent from any meeting. Should circumstances preventing their presence, an application for leave of absence must be submitted in writing.
37. All meeting of the Association shall be conducted with the correct number of persons as laid down for a quorum. A motion shall be passed with more than half of the quorum supported, in case of equal number of votes for and against a motion. The President’s vote shall be decisive. Any resolution passed at meeting shall be accordingly carried out and absentees from meeting shall be considered to have abstained from voting.
38. ELECTION
An “Election Sub-committee” of 5 members from the Management Committee Members will be formed by the Management Committee to determine and decide the regulations of the general election. A general election shall be members of the association once every two years. A Recording system will be used at the preliminary election to choose Thirty-Two (32) members for the Management Committee and Advisory Board (25 members for the Management Committee and 7 members for the Advisory Board) and five (5) members as reserves. Final election of office-bearer will be chosen from the members elected. After the office-bearers have been closed, the new Management Committee will immediately appoint six (6) committee members from Youth. Women, and Senior section ( two (2( from each section ) to carry out the duties of each section.
39. TENURE OF OFFICE
The various office-bearers of the Association shall hold office for term of two years. On re-election, such office-bearers shall continue to serve. Any vacancies occurring shall be filled by reserved, or by members chosen from the Management Committee.
40. RESIGNATIONS
Any office-bearers, who for some reasons or other have to leave his duty, shall have to apply for leave or to leave or to tender his resignation. Those who have been absent for three (3) successive meeting, shall be considered to have relinquished their positions which shall be Replaced by Reserves or by member chosen from the Management Committee.
41. FINACE
All entrance fees shall deposited in a bank in the name of the Association and such deposit shall not be withdrawn without the approval from the General Meeting for purpose of some special expenditure.
42. SUBSCRIPTION
Every member of the Association shall pay an annual subscription of RM 2.00. Under special circumstance when the payment of subscription cannot be made within the stipulated period, permission for deferred payment must be abstained from the Management Committee. Subscription in arrears for more than two (2)years shall render the member and deprived all the right and privileges of the association.
43. VOLUNTARY FUND
Every member of the Association shall be liable to offer special donations voluntarily; should any financial deficit occur for any pubic welfare work which needs financial support.
44. PAYMENT VOUCHERS
All payment vouchers must be made in written form duly signed by 3 persons, namely the President. The Treasurer and the General Secretary who shall be responsible for the necessary expenditure and such vouchers or documents must also bear the official seal of the association; otherwise they shall not be entertained.
45. TREASURER’S STATEMENT
| (A) |
An open report of all income and expenditure of the association of monthly and yearly accounts shall, after audit, be submitted by the Treasurer and display or exhibit in the premises of the Association for Inspection. |
| (B) |
The financial year of the Association shall commence on the 1st of January and end on the 31st December of each year. |
46. INDUCEMENTS AND PENALTY
Any office-bearer or member who has done anything outstanding or creditable act for the Association shall be accorded special distinction for such good work by the Management Committee. On the contrary, any member who commits a breach of the rules and regulations or damaging the good will of the Association and causing disturbance or disorder at a meeting shall be expelled or punished accordingly by the Management Committee.
47. DISSOLUTION
In this rule, member means anyone who is, in accordance with the rules and regulations of the Association entitled to vote.
| (a) |
The Association cannot be dissolved except with the consent of not less than three-fifth of the members of the Association expressed, either in person or by proxy at a general meeting of members convened for that purpose or by postal vote. |
| (b) |
In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Association shall be fully discharged and the remaining fund will be divided equally amongst all members. |
| (c) |
Notice of dissolution shall be given within 14 days of the dissolution to the Registrar of Societies signed by the Management Committee. |
48. MISCELLANEOUS
The Rules and Regulation of the Association and future amendments made shall not take effect until approval from the Registrar of Societies has been obtained.
49. SPECIAL PROVISION
| (a) |
All members of the Management Committee and every officer performing executive functions in the Association shall be Malaysian citizens. |
| (b) |
The Association shall not have any affiliation or connection with any Society established outside Malaysia. |
| (c) |
Any student of university or University College shall not be admitted as a Member of the Association unless he has obtained prior written permission From the Vice-Chancellor of the University concerned. |
| (d) |
No benefits as defined under Section 2 of Societies Act, 1966 shall be given By the Association to any of its members. |
| (e) |
Any person shall not hold office in the Association or become on advisor or employee of the Association if he is disqualified under Section 9A of the Societies (Amendments) Act, 1981. |
| (f) |
Every member of the Association shall have a right to vote and shall be eligible to hold office in the Association. |
| (g) |
Every member, employee or advisor of the Association shall be Malaysia Citizen. |
| (h) |
The Association shall not obtain or receive money or other property from any foreign sources without the prior permission of the Registrar of Societies. |
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